This privacy notice for Yan Smaliak ("we," "us," or "our"), describes how and why we might collect, store, use, and/or share ("process") your information when you use our services ("Services"), such as when you:
- Download and use our mobile application (FocusAir), or any other application of ours that links to this privacy notice
- Engage with us in other related ways, including any sales, marketing, or events
Questions or concerns? Reading this privacy notice will help you understand your privacy rights and choices. If you do not agree with our policies and practices, please do not use our Services. If you still have any questions or concerns, please contact us at support@focusair.app.
Summary of Key Points
This summary provides key points from our privacy notice, but you can find out more details about any of these topics by reading the full policy below.
- What personal information do we process? We process limited information such as support communications and device/usage data. Your focus sessions, settings, and preferences are stored locally on your device and may sync via iCloud, which we cannot access.
- Do we process any sensitive personal information? We do not process sensitive personal information.
- Do we receive any information from third parties? We receive limited subscription status and purchase metadata from Apple and RevenueCat.
- How do we process your information? We process your information to provide and improve the Services, manage subscriptions, provide support, maintain security, and comply with law.
- In what situations and with which parties do we share personal information? We may share information with service providers (analytics, subscriptions, hosting) as described in this policy.
- Do we sell or share personal information? We do not sell personal information or share it for cross-context behavioral advertising.
- What are your rights? Depending on where you are located geographically, the applicable privacy law may mean you have certain rights regarding your personal information.
1. What Information Do We Collect?
Personal information you disclose to us
In Short: We collect minimal personal information that you provide to us.
FocusAir is designed with privacy as a core principle. We do not require you to create an account. Your focus sessions, settings, preferences, and app data are stored locally on your device and may sync across your devices via Apple's iCloud service. We do not have access to this data.
Information we may collect includes:
- Support communications. If you contact us for support, we may collect your email address, message content, and any information you choose to provide.
Information automatically collected
In Short: Some information — such as your device characteristics and usage patterns — is collected automatically when you use our Services.
We automatically collect certain information when you use the App or visit our website. This information may include device, log, and usage information, such as:
- Device and Log Data. We collect device type, operating system and version, app version, language, time zone, IP address, device identifiers, and general device characteristics.
- Usage Data. We collect information about how you interact with the App, including features used, actions taken, and time spent in the app. We use this data in aggregate to improve the Services.
- Crash Reports and Performance Data. We collect crash logs and performance metrics to identify and fix bugs and improve app stability.
This information is collected through PostHog, our analytics provider, and through our website hosting provider's standard logs. We use it to maintain and improve our Services and we do not use it for advertising or to identify you.
Information collected through our App
In Short: We collect only data needed to provide the App, such as notification tokens if you opt in. We do not access your contacts, photos, camera, microphone, or precise location.
- Push Notifications. If you opt in, we receive a device token from Apple to send you notifications. You can opt out at any time in your device settings.
- Device Permissions. The App does not request access to your contacts, photos, camera, microphone, or precise location.
2. How Do We Process Your Information?
In Short: We process your information to provide, improve, and administer our Services, for security and fraud prevention, and to comply with law.
We process your personal information for a variety of reasons, depending on how you interact with our Services, including:
- To deliver and facilitate delivery of services to the user. We may process your information to provide you with the requested service.
- To manage subscriptions and entitlements. We may process limited purchase and subscription data to confirm access to paid features.
- To respond to user inquiries/offer support to users. We may process your information to respond to your inquiries and solve any potential issues you might have with the requested service.
- To send administrative information to you. We may process your information to send you details about our products and services, changes to our terms and policies, and other similar information.
- To maintain safety and security. We may process your information to keep the Services secure, prevent fraud, and enforce our policies.
- To identify usage trends and improve the Services. We may process usage data to understand how our Services are being used so we can improve them.
- To comply with legal obligations. We may process your information to meet applicable legal or regulatory requirements.
Legal bases for processing (EEA/UK)
If you are in the EEA, UK, or Switzerland, we process your information when it is necessary to perform our contract with you, to comply with legal obligations, to pursue our legitimate interests (such as improving and securing the Services), and with your consent where required (for example, to send push notifications). You can withdraw consent at any time through your device settings.
3. When and With Whom Do We Share Your Personal Information?
In Short: We may share information in specific situations described in this section and/or with the following third parties.
We may need to share your personal information in the following situations:
- Service Providers. We may share your information with service providers who perform services for us or on our behalf, including:
- PostHog - for analytics and product insights
- RevenueCat - for subscription and entitlement management
- Apple - for App Store distribution, in-app purchases, and iCloud synchronization
- Hosting and infrastructure providers - to deliver and secure our website
- Business Transfers. We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.
- Legal Obligations. We may disclose your information where we are legally required to do so in order to comply with applicable law, governmental requests, a judicial proceeding, court order, or legal process.
- Vital Interests and Legal Rights. We may disclose your information where we believe it is necessary to investigate, prevent, or take action regarding potential violations of our policies, suspected fraud, situations involving potential threats to the safety of any person and illegal activities, or as evidence in litigation in which we are involved.
International data transfers
Our service providers may process data in the United States, the European Union, or other countries. Where required by law, we rely on appropriate safeguards such as standard contractual clauses for these transfers.
4. Do We Use Cookies and Other Tracking Technologies?
In Short: We do not use cookies in our mobile application, and our website does not use cookies for advertising.
Our mobile application does not use cookies. Our website may use strictly necessary cookies or similar technologies for security and performance. We do not use cookies for advertising or cross-site tracking.
5. How Long Do We Keep Your Information?
In Short: We keep your information for as long as necessary to fulfill the purposes outlined in this privacy notice unless otherwise required by law.
We will only keep your personal information for as long as it is necessary for the purposes set out in this privacy notice, unless a longer retention period is required or permitted by law (such as tax, accounting, or other legal requirements).
Your app data (focus sessions, settings, preferences) is stored locally on your device and in iCloud. This data remains until you delete the App or clear its data. We do not have access to or control over this data.
Analytics data is retained according to PostHog's data retention policies. Subscription data through RevenueCat is retained as necessary to manage your subscription and for financial record-keeping.
Support communications are retained as long as needed to address your request and for record-keeping, unless a longer retention period is required by law.
6. How Do We Keep Your Information Safe?
In Short: We aim to protect your personal information through a system of organizational and technical security measures.
We have implemented appropriate and reasonable technical and organizational security measures designed to protect the security of any personal information we process. However, despite our safeguards and efforts to secure your information, no electronic transmission over the Internet or information storage technology can be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third parties will not be able to defeat our security and improperly collect, access, steal, or modify your information. Although we will do our best to protect your personal information, transmission of personal information to and from our Services is at your own risk. You should only access the Services within a secure environment.
7. What Are Your Privacy Rights?
In Short: Depending on your location, you may have certain rights regarding your personal information.
In some regions (like the EEA, UK, Switzerland, and Canada), you have certain rights under applicable data protection laws. These may include the right (i) to request access and obtain a copy of your personal information, (ii) to request rectification or erasure; (iii) to restrict the processing of your personal information; (iv) if applicable, to data portability; and (v) not to be subject to automated decision-making. In certain circumstances, you may also have the right to object to the processing of your personal information.
European Economic Area (EEA), United Kingdom (UK), and Switzerland
If you are a resident in the European Economic Area, United Kingdom, or Switzerland, you have the right to:
- Request access to your personal data
- Request correction of your personal data
- Request erasure of your personal data
- Object to processing of your personal data
- Request restriction of processing your personal data
- Request transfer of your personal data
- Withdraw consent at any time
If you wish to exercise any of these rights, please contact us at support@focusair.app. We will respond to your request within 30 days.
If you believe we are unlawfully processing your personal information, you have the right to complain to your local data protection supervisory authority. If you are in the EEA, you can find contact details for your supervisory authority here: https://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.
Account Information
Since FocusAir does not require account creation, you can manage your data directly:
- Delete local app data: Uninstall the App from your device
- Manage iCloud data: Through your device's iCloud settings
- Request support data deletion: Contact us at support@focusair.app
8. Controls for Do-Not-Track Features
Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track ("DNT") feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. At this stage, no uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this privacy notice.
9. Do We Make Updates to This Notice?
In Short: Yes, we will update this notice as necessary to stay compliant with relevant laws.
We may update this privacy notice from time to time. The updated version will be indicated by an updated "Last updated" date and the updated version will be effective as soon as it is accessible. If we make material changes to this privacy notice, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification. We encourage you to review this privacy notice frequently to be informed of how we are protecting your information.
10. Do California Residents Have Specific Privacy Rights?
In Short: Yes, if you are a resident of California, you are granted specific rights regarding access to your personal information.
California Civil Code Section 1798.83, also known as the "Shine The Light" law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below.
We do not sell or share personal information as defined by California law, and we do not use sensitive personal information for purposes that require an opt-out.
CCPA Privacy Notice
The California Code of Regulations defines a "resident" as:
- every individual who is in the State of California for other than a temporary or transitory purpose and
- every individual who is domiciled in the State of California who is outside the State of California for a temporary or transitory purpose
All other individuals are defined as "non-residents."
If this definition of "resident" applies to you, we must adhere to certain rights and obligations regarding your personal information.
Your rights with respect to your personal data:
- Right to know what personal data we collect and how we use it
- Right to request deletion of your data
- Right to correct inaccurate personal data
- Right to opt out of the sale or sharing of your personal information (Note: We do not sell or share personal information)
- Right to limit the use and disclosure of sensitive personal information (Note: We do not use sensitive personal information for these purposes)
- Right to non-discrimination for exercising your privacy rights
We may need to verify your request before completing it. Authorized agents may submit requests on your behalf if they provide proof of authorization.
11. Do Virginia and Other US State Residents Have Specific Privacy Rights?
In Short: Yes, if you are a resident of Virginia or certain other US states, you may be granted specific rights regarding access to and use of your personal information.
Under the Virginia Consumer Data Protection Act (VCDPA), Virginia residents have the right to:
- Know whether we are processing your personal data
- Access your personal data
- Correct inaccuracies in your personal data
- Request deletion of your personal data
- Obtain a copy of your personal data in a portable format
- Opt out of targeted advertising, sale of personal data, or profiling
To exercise these rights, please contact us at support@focusair.app.
Residents of Colorado, Connecticut, and Utah may have similar rights, including access, deletion, correction, and the ability to opt out of targeted advertising or the sale of personal data where applicable. We will honor applicable requests in accordance with those laws.
12. Do We Collect Information from Minors?
In Short: We do not knowingly collect data from or market to children under 13 years of age (or the age of digital consent in your jurisdiction).
We do not knowingly solicit data from or market to children under 13 years of age. By using the Services, you represent that you are at least 13 or that you are the parent or guardian of such a minor and consent to such minor dependent's use of the Services. If we learn that personal information from users less than 13 years of age has been collected, we will take reasonable measures to promptly delete such data from our records. If you become aware of any data we may have collected from children under age 13, please contact us at support@focusair.app.
13. How Can You Contact Us About This Notice?
If you have questions or comments about this notice, you may email us at support@focusair.app or contact us by post at:
Yan Smaliak
Al. Ujazdowskie 24, 23
Warsaw, Masovian 00-478
Poland
14. How Can You Review, Update, or Delete the Data We Collect from You?
Based on the applicable laws of your country, you may have the right to request access to the personal information we collect from you, change that information, or delete it. To request to review, update, or delete your personal information, please contact us at support@focusair.app.
Some analytics data is anonymized or aggregated and cannot be reasonably linked back to you. In those cases, we may be unable to fulfill a deletion request for that data.
Since your app data is stored locally and in iCloud, you have full control over it:
- Delete local data by uninstalling the App
- Manage iCloud data through your device settings
- Request deletion of support communications by contacting us