Privacy Policy

1. Introduction

Welcome to NearGuard.

NearGuard ("us", "we", or "our") operates the nearguard.app website and the NearGuard mobile application (hereinafter referred to as the "Service").

Our Privacy Policy governs your use of nearguard.app and the NearGuard app, and explains how we collect, safeguard, and disclose information that results from your use of our Service.

We use your data to provide and improve the Service. By using the Service, you agree to the collection and use of information in accordance with this policy. Unless otherwise defined in this Privacy Policy, the terms used have the same meanings as in our Terms and Conditions.

Our Terms and Conditions ("Terms") govern all use of our Service and together with the Privacy Policy constitute your agreement with us ("Agreement").

2. Definitions

• SERVICE means the nearguard.app website and the NearGuard mobile application operated by NearGuard.
• PERSONAL DATA means data about a living individual who can be identified from those data (or from those and other information either in our possession or likely to come into our possession).
• USAGE DATA is data collected automatically either generated by the use of Service or from Service infrastructure itself (for example, the duration of a page visit).
• COOKIES are small files stored on your device (computer or mobile device).
• DATA CONTROLLER means a natural or legal person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal data are, or are to be, processed. For the purpose of this Privacy Policy, we are a Data Controller of your data.
• DATA PROCESSORS (OR SERVICE PROVIDERS) means any natural or legal person who processes the data on behalf of the Data Controller. We may use the services of various Service Providers in order to process your data more effectively.
• DATA SUBJECT is any living individual who is the subject of Personal Data.
• THE USER is the individual using our Service. The User corresponds to the Data Subject, who is the subject of Personal Data.
• VULNERABLE RESIDENT refers to users who register to receive emergency assistance through the Service, including elderly individuals, persons with disabilities, or others who may need community support during emergencies.
• COMMUNITY RESPONDER refers to users who volunteer to receive emergency alerts and provide assistance to nearby Vulnerable Residents.

3. Information Collection and Use

We collect several different types of information for various purposes to provide and improve our Service to you, and most importantly, to facilitate rapid emergency response within your community.

4. Types of Data Collected

Personal Data

While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you ("Personal Data"). Personally identifiable information may include, but is not limited to:

• Email address
• First name and last name
• Phone number
• Address, Country, State, Province, ZIP/Postal code, City
• Emergency contact information
• Profile photograph (optional)
• Cookies and Usage Data

We may use your Personal Data to contact you with service updates, safety alerts, and other information related to the emergency response functionality of NearGuard.

Vulnerability and Health Information

If you register as a Vulnerable Resident, we may collect:

• Type of assistance you may need (mobility, medical, visual/hearing impairment, etc.)
• Specific conditions or requirements responders should be aware of
• Preferred methods of communication during emergencies
• Emergency medical information you choose to share

Usage Data

We may also collect information that your browser or device sends whenever you visit our Service or access the Service through a mobile device ("Usage Data").

This Usage Data may include information such as your device's Internet Protocol address (e.g., IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers, and other diagnostic data.

When you access the Service with a mobile device, this Usage Data may include information such as the type of device you use, your device unique ID, the IP address of your device, your device operating system, the type of Internet browser you use, unique device identifiers, and other diagnostic data.

Location Data

We collect and store information about your location ("Location Data") to provide the core functionality of our Service. Location Data is essential for:

• Identifying nearby Community Responders when you trigger an emergency alert
• Enabling responders to navigate to your location during emergencies
• Determining your community zone for receiving relevant alerts
• Improving response times and Service effectiveness

You can enable or disable location services when you use our Service at any time through your device settings. However, please note that disabling location services will significantly limit the functionality of NearGuard's emergency response features.

Tracking Cookies Data

We use cookies and similar tracking technologies to track activity on our Service and hold certain information.

Cookies are files with a small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Other tracking technologies are also used such as beacons, tags, and scripts to collect and track information and to improve and analyze our Service.

You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.

Examples of Cookies we use:

• Session Cookies: We use Session Cookies to operate our Service.
• Preference Cookies: We use Preference Cookies to remember your preferences and various settings.
• Security Cookies: We use Security Cookies for security purposes.

5. Use of Data

NearGuard uses the collected data for various purposes:

• To provide and maintain our Service, including emergency response functionality
• To notify you about changes to our Service
• To facilitate emergency alerts and connect Vulnerable Residents with nearby Community Responders
• To allow you to participate in interactive features of our Service when you choose to do so
• To provide customer support
• To gather analysis or valuable information so that we can improve our Service and response times
• To monitor the usage of our Service
• To detect, prevent, and address technical issues
• To fulfill any other purpose for which you provide it
• To carry out our obligations and enforce our rights arising from any contracts entered into between you and us
• To provide you with notices about your account
• To provide you with news, updates, and general information about NearGuard unless you have opted not to receive such information
• In any other way we may describe when you provide the information
• For any other purpose with your consent

6. Retention of Data

We will retain your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

We will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer time periods.

Emergency alert history may be retained for safety analysis and to improve our Service, but sensitive details are anonymized after 12 months.

7. Transfer of Data

Your information, including Personal Data, may be transferred to — and maintained on — computers located outside of your state, province, country, or other governmental jurisdiction where the data protection laws may differ from those of your jurisdiction.

NearGuard operates globally, and your data may be processed in various locations including but not limited to the United Kingdom, Nigeria, the European Union, the United States, Canada, Australia, Singapore, South Africa, and Brazil, or other jurisdictions where we or our service providers maintain facilities.

When we transfer Personal Data across borders, we implement appropriate safeguards to ensure your data remains protected, including:

• Standard Contractual Clauses approved by relevant authorities
• Adequacy decisions where applicable
• Binding Corporate Rules where relevant
• Your explicit consent where required

Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

NearGuard will take all the steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of your data and other personal information.

8. Disclosure of Data

We may disclose personal information that we collect, or you provide:

Emergency Response Disclosure

When you trigger an emergency alert, relevant information (your location, name, and any vulnerability information you have chosen to share) will be disclosed to nearby Community Responders to facilitate assistance. This is the core function of our Service.

Business Transaction

If we or our subsidiaries are involved in a merger, acquisition, or asset sale, your Personal Data may be transferred.

Other Cases

We may disclose your information also:

• To our subsidiaries and affiliates
• To contractors, service providers, and other third parties we use to support our business
• To fulfill the purpose for which you provide it
• For any other purpose disclosed by us when you provide the information
• With your consent in any other cases
• If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, our users, or others
• To comply with legal obligations or respond to lawful requests from public authorities

9. Security of Data

The security of your data is important to us. We implement appropriate technical and organizational measures to protect your Personal Data, including:

• Encryption of data in transit and at rest
• Regular security assessments and updates
• Access controls and authentication measures
• Secure data storage practices

However, remember that no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.

10. Your Data Protection Rights under General Data Protection Regulation (GDPR)

If you are a resident of the European Union (EU) and European Economic Area (EEA), you have certain data protection rights, covered by GDPR.

We aim to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Data.

If you wish to be informed what Personal Data we hold about you and if you want it to be removed from our systems, please email us at privacy@nearguard.app.

In certain circumstances, you have the following data protection rights:

• The right to access, update, or delete the information we have on you
• The right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete
• The right to object. You have the right to object to our processing of your Personal Data
• The right of restriction. You have the right to request that we restrict the processing of your personal information
• The right to data portability. You have the right to be provided with a copy of your Personal Data in a structured, machine-readable, and commonly used format
• The right to withdraw consent. You also have the right to withdraw your consent at any time where we rely on your consent to process your personal information

Please note that we may ask you to verify your identity before responding to such requests. Please note, we may not be able to provide Service without some necessary data.

You have the right to complain to a Data Protection Authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority:

• European Economic Area (EEA): Your local EU Data Protection Authority
• United Kingdom: Information Commissioner's Office (ICO)
• Nigeria: Nigeria Data Protection Commission (NDPC)
• Brazil: Autoridade Nacional de Proteção de Dados (ANPD)
• Canada: Office of the Privacy Commissioner of Canada (OPC)
• Australia: Office of the Australian Information Commissioner (OAIC)
• South Africa: Information Regulator
• Singapore: Personal Data Protection Commission (PDPC)
• United States: Your state Attorney General's office or relevant state privacy authority

11. Your Data Protection Rights under California Law (CCPA/CPRA)

If you are a California resident, you have specific rights under the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA).

Your California Privacy Rights

• Right to Know: You have the right to request information about the categories and specific pieces of Personal Data we have collected about you, the sources of that data, our purposes for collecting it, and the categories of third parties with whom we share it
• Right to Delete: You have the right to request deletion of your Personal Data, subject to certain exceptions
• Right to Correct: You have the right to request correction of inaccurate Personal Data
• Right to Opt-Out of Sale/Sharing: You have the right to opt out of the "sale" or "sharing" of your Personal Data. NearGuard does not sell your Personal Data
• Right to Limit Use of Sensitive Personal Information: You have the right to limit our use of sensitive Personal Data to purposes necessary to provide the Service
• Right to Non-Discrimination: You have the right not to receive discriminatory treatment for exercising your privacy rights

To exercise these rights, please contact us at privacy@nearguard.app. We will verify your identity before processing your request and respond within 45 days.

CalOPPA Compliance

In accordance with the California Online Privacy Protection Act (CalOPPA):

• Users can visit our site anonymously
• Our Privacy Policy link includes the word "Privacy" and can easily be found on our website
• Users will be notified of any privacy policy changes on our Privacy Policy Page
• Users are able to change their personal information by emailing us at privacy@nearguard.app

Our Policy on "Do Not Track" Signals

We honor Do Not Track signals and do not track, plant cookies, or use advertising when a Do Not Track browser mechanism is in place. Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked.

12. Your Data Protection Rights under the Nigeria Data Protection Regulation (NDPR)

If you are a resident of Nigeria, you have certain data protection rights under the Nigeria Data Protection Regulation (NDPR) and the Nigeria Data Protection Act 2023.

You have the following rights:

• Right to be informed about how your Personal Data is being collected and used
• Right of access to your Personal Data held by us
• Right to rectification of inaccurate or incomplete Personal Data
• Right to erasure ("right to be forgotten") in certain circumstances
• Right to restrict processing of your Personal Data
• Right to data portability to obtain and reuse your Personal Data
• Right to object to processing of your Personal Data
• Right to withdraw consent at any time where processing is based on consent

To exercise any of these rights, please contact us at privacy@nearguard.app. We will respond to your request within 30 days.

You also have the right to lodge a complaint with the Nigeria Data Protection Commission (NDPC) if you believe your data protection rights have been violated.

13. Your Data Protection Rights under Brazil's LGPD

If you are a resident of Brazil, you have rights under the Lei Geral de Proteção de Dados (LGPD).

You have the following rights:

• Confirmation and access: Right to confirm the existence of processing and access your data
• Correction: Right to correct incomplete, inaccurate, or outdated data
• Anonymization, blocking, or deletion: Right to request anonymization, blocking, or deletion of unnecessary or excessive data
• Portability: Right to data portability to another service provider
• Deletion: Right to delete Personal Data processed with your consent
• Information: Right to information about public and private entities with which we share your data
• Revocation of consent: Right to revoke consent at any time
• Opposition: Right to oppose processing that violates the LGPD

To exercise these rights, contact us at privacy@nearguard.app. You may also file a complaint with the Autoridade Nacional de Proteção de Dados (ANPD).

14. Your Data Protection Rights under Canada's PIPEDA

If you are a resident of Canada, you have rights under the Personal Information Protection and Electronic Documents Act (PIPEDA) and applicable provincial privacy laws.

You have the following rights:

• Access: Right to access your Personal Data held by us
• Correction: Right to request correction of inaccurate or incomplete information
• Withdrawal of consent: Right to withdraw consent to the collection, use, or disclosure of your Personal Data, subject to legal or contractual restrictions
• Complaint: Right to file a complaint with the Office of the Privacy Commissioner of Canada

We will respond to access requests within 30 days. Contact us at privacy@nearguard.app to exercise your rights.

15. Your Data Protection Rights under Australia's Privacy Act

If you are a resident of Australia, you have rights under the Privacy Act 1988 and the Australian Privacy Principles (APPs).

You have the following rights:

• Access: Right to request access to your Personal Data
• Correction: Right to request correction of your Personal Data if it is inaccurate, out-of-date, incomplete, irrelevant, or misleading
• Complaint: Right to complain about our handling of your Personal Data
• Anonymity: Right to deal with us anonymously or using a pseudonym where practicable (though this may limit our ability to provide emergency response services)

To exercise these rights, contact us at privacy@nearguard.app. You may also lodge a complaint with the Office of the Australian Information Commissioner (OAIC).

16. Your Data Protection Rights under South Africa's POPIA

If you are a resident of South Africa, you have rights under the Protection of Personal Information Act (POPIA).

You have the following rights:

• Access: Right to request access to your Personal Data
• Correction: Right to request correction or deletion of inaccurate, irrelevant, excessive, out-of-date, incomplete, misleading, or unlawfully obtained Personal Data
• Object: Right to object to processing of your Personal Data
• Deletion: Right to request deletion of your Personal Data
• Submit a complaint: Right to submit a complaint to the Information Regulator

Contact us at privacy@nearguard.app to exercise your rights.

17. Your Data Protection Rights under Singapore's PDPA

If you are a resident of Singapore, you have rights under the Personal Data Protection Act (PDPA).

You have the following rights:

• Access: Right to request access to your Personal Data and information about how it has been used or disclosed in the past year
• Correction: Right to request correction of errors or omissions in your Personal Data
• Withdrawal of consent: Right to withdraw consent for the collection, use, or disclosure of your Personal Data
• Data portability: Right to request your data in a commonly used format

Contact us at privacy@nearguard.app to exercise your rights. You may also file a complaint with the Personal Data Protection Commission (PDPC).

18. Your Data Protection Rights under Other US State Laws

If you are a resident of Virginia, Colorado, Connecticut, Utah, or other US states with comprehensive privacy laws, you may have additional rights including:

• Right to access your Personal Data
• Right to correct inaccuracies in your Personal Data
• Right to delete your Personal Data
• Right to data portability
• Right to opt out of targeted advertising, sale of Personal Data, or profiling
• Right to appeal if we deny your privacy request

To exercise these rights, contact us at privacy@nearguard.app. We will respond to your request within the timeframe required by applicable law.

19. Your Data Protection Rights in Other Jurisdictions

If you are located in a jurisdiction not specifically mentioned above, you may still have data protection rights under your local laws. We are committed to respecting your privacy rights regardless of where you are located.

Common rights that may apply include:

• Right to access your Personal Data
• Right to correct inaccurate data
• Right to delete your data
• Right to object to processing
• Right to withdraw consent
• Right to lodge a complaint with your local data protection authority

Contact us at privacy@nearguard.app to exercise any applicable rights or to learn more about your specific protections.

20. Children's Privacy

Our Service is not intended for use by children under the age of 13. We do not knowingly collect personally identifiable information from children under 13. If you become aware that a child has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.

21. Changes to This Privacy Policy

We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page and updating the "Last updated" date at the top of this Privacy Policy.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

For significant changes that affect how we handle your Personal Data, we will provide notice through the Service or via email before the changes become effective.

22. Contact Us