STATEMENT ON PERSONAL DATA PROCESSING

The Statement on Personal Data Processing, pursuant to Regulation (EU) 2016/679 of the European Parliament and the Council on the Protection of Natural Persons, with regard to the processing of personal data and instructing data subjects (hereinafter “GDPR”) (hereinafter “Information Memorandum”):

Who are we and how to contact us?

TOPefekt s.r.o., with its registered office at B. Němcové 767/13, 787 01 Šumperk, Czech Republic, ID No.: 294 44 268, entered in the Commercial Register maintained by the Regional Court in Ostrava, Section C, Insert 53634 (hereinafter “TOPefekt” or “Controller”), is the controller of your personal data, which determines the purpose and means of personal data processing, processes personal data and is responsible for the processing. In some cases, TOPefekt may also act as the processor of personal data, i.e. processes personal data for purposes determined by another controller. For more information about our activities and offers, please visit www.topefekt.com. If this Information Memorandum and our website do not answer your questions or if you want to obtain a more detailed explanation for specific information, please contact us via the contact form.

How do we process your personal data and how is it secured?

We are fully aware of the importance of protecting personal data and clients’ privacy. When processing personal data, we always proceed so as to ensure that your personal data is secured to the maximum extent and cannot be misused.

The processing of your personal data is automated and is performed by our information systems, or by our processors’ information systems. Your personal data is only processed by selected TOPefekt employees and categories of processors indicated for the respective processing purpose. We have taken measures to ensure that your personal data is only accessed by designated TOPefekt employees and processors involved in the processing, and that these employees and processors maintain confidentiality in regards to all facts, information and data (personal or other) obtained while conducting their work. The company has concluded an agreement on personal data processing with all processors, emphasising the security of your personal data.

Your personal data is processed in the territory of the Czech Republic. We only transfer your personal data to other countries for the purpose of fulfilling the contractual relationship with you.

What personal data do we process?

  1. Identification and address data: e-mail address, phone number, first name, surname, country, time zone, photo, IP address

  2. Electronic contact details: billing details (first name and surname of the contact person, street and number, city, postcode, country, ID No., VAT No., and IČDPH for Slovak users)

  3. Data related to the provision of services: browser localisation, browser version, operating system, e-mail address for receipts, e-mail address for answers, e-mail address for notifications of low credit

How do we obtain your personal data?

We obtain your personal data from you, third parties or from our own activities. If we obtain personal data from you, we inform you about whether the provision of personal data is a legal or contractual requirement or a requirement that needs to be indicated in a contract, whether you are required to provide personal data and about possible consequences of withholding personal data. We obtain your personal data:

From you, in particular:

- based on your requests, inquiries and during the provision of our services;

- when communicating via e-mail or otherwise in writing; or

- when communicating in person at our branch or in other premises.

From public registers and records, in particular:

  • from the Commercial Register;

  • from the Trade Register;

  • from the Insolvency Register;

  • from the Register of Economic Entities; or

  • from the European VIES System for verifying VAT numbers for VAT purposes

From our own activities, in particular by evaluating and analysing your personal data obtained from the sources listed above.

For what purposes do we process your personal data?

We process your personal data only to the extent necessary for the given purpose and for as long as necessary to fulfil the purpose. After fulfilling the original purpose (e.g. provision of Service), we may continue to process personal data for other purposes (e.g. to comply with the statutory filing period). The purposes of processing are listed in the chapter below. Your personal data is generally archived for a period of time prescribed by the law and Terms and Conditions.

We process your personal data for the following purposes:

  1. Providing services and processing your requests;

  2. Fulfilling our legal obligations;

  3. Exercising or defending our legal claims;

  4. Internal administrative purposes; or

  5. Purposes specified in your consent to the processing of your personal data.

Ad a) Providing services and processing your requests

TOPefekt processes your personal data for the purposes related to the provision of our services, in particular, for the identification and verification of Users in the system, for sending confirmations of message delivery, receiving answers from recipients, sending notifications of low credit and of other user-defined actions. The provision of such personal data is, therefore, a contractual requirement.

Legal basis for processing (legal title):

For these purposes, we process personal data under the legal title of providing a Service to which the data subject is a party (usually a TOPefekt’s client).

Categories of personal data:

For these purposes, we process the following categories of personal data (the content of individual categories is specified above): identification and address data, other client’s data, electronic contact details and other electronic data.

Recipients of personal data (processors or third parties to which personal data are or may be provided):

We do not provide personal data to third parties.

Period of processing:

For these purposes, the period of processing is the same as the period of providing services.

Ad b) Fulfilling of our legal obligations

As a business corporation, we have to follow a number of legal regulations and obligations arising therefrom, in particular: Act No. 89/2012 Coll., Civil Code; Act No. 253/2008 Coll., on selected measures against legitimisation of proceeds of crime and financing of terrorism, as amended; Act No. 280/2009 Coll., Tax Code, as amended; Act No. 90/2012 Coll., on business corporations, as amended; Act No. 563/1991 Coll., on accounting, as amended; Act No. 120/2001 Coll., on licensed executors and execution and alteration of some other acts, as amended; Act No. 99/1963 Coll., Civil Procedure Code, as amended; Act No. 634/1992 Coll., on consumer protection, as amended; Act No. 40/2009 Coll., Criminal Code, as amended; Act No. 499/2004 Coll., on archiving and records management and on amendments to certain acts, as amended; as well as related regulatory provisions and legal regulations of the EU law. The provision of such personal data is, therefore, a legal requirement.

Legal basis for processing (legal title):

For these purposes, we process personal data under the legal title of fulfilling a legal obligation applying to TOPefekt, pursuant to Art. 6(1c) of GDPR.

Categories of personal data:

For these purposes, we process the following categories of personal data (the content of individual categories is specified above): identification and address data, other client’s data, electronic contact details and other electronic data.

Recipients of personal data (processors or third parties to which personal data is or may be provided):

For these purposes, we use legal and tax consultancy services. We are also obliged to cooperate with the relevant national authorities, such as tax administrators or bailiffs, bodies responsible for criminal, offence or administrative proceedings, to the extent and under the conditions stipulated by law.

Period of processing:

For these purposes, we process personal data for a period stipulated by applicable legal regulations. Apart from exceptions where the law prescribes a longer period of storage of certain documents that may contain personal data, we store personal data processed in order to meet our legal obligations for no longer than ten years.

Ad c) Internal administrative purposes

Your personal data is also processed for our internal purposes (optimisation of processes in TOPefekt etc.).

Legal basis for processing (legal title):

For these purposes, we process personal data under the legal title of a legitimate interest of TOPefekt, pursuant to Art. 6(1f) of GDPR, namely legitimate interests in the proper functioning of internal administrative processes and their optimisation.

Categories of personal data:

For these purposes, we process the following categories of personal data (the content of individual categories is specified above): identification and address data, other client’s data, electronic contact details, other electronic data and data related to the use of our services.

Recipients of personal data (processors or third parties to which personal data are or may be provided):

We do not provide personal data to third parties.

Period of processing:

For these purposes, we process personal data for the duration of the provision of Services and for a period before the relevant internal reports are drawn up for the period when you were still our User, but no longer than for four years from the moment when you stopped being our User.

Ad d) Purposes specified in your consent to the processing of your personal data

Your personal data is processed based on your consent, pursuant to Art. 6(1a) of GDPR for the purposes of:

- supporting sales of our products and/or products of our business partners (marketing purposes) to the extent and under conditions defined in the “consent to the processing of personal data – marketing purposes”,

For these purposes, we do not provide data to third parties.

Granting consent is voluntary and you can withdraw it at any time. Withholding consent or its withdrawal shall have no implication for the use of our products and services for which such consent is not required. You may withdraw your consent by sending a request via the contact form or at our company’s registered office.

What are your rights?

Your personal data is processed in a fully transparent manner. At any time during the processing of your personal data, you can exercise any of the following rights:

  1. Right of access to your personal data and a copy of your personal data that we process.

  2. Right to rectification and completion of your personal data if you find that your processed data is incorrect or inaccurate.

  3. Right to erasure of your personal data (“right to be forgotten”). You may request for us to erase your personal data and we will do so if:

    - the personal data is no longer needed for the purposes for which they have been collected or otherwise processed;

    - you withdraw your consent based on which we process the personal data and there is no other legal ground for processing;

    - you raise an objection to the processing based on a legitimate interest, unless our legitimate reasons for processing prevail or if you raise an objection to the processing of personal data for direct marketing purposes (i.e. we will stop sending you personalised business communications);

    - the processing of personal data is unlawful; or

    - the personal data must be erased in order to comply with a legal obligation under the law of the EU or of the Czech Republic.

    Please note that your personal data cannot be erased if it is necessary to process it:

    - for exercising the right to freedom of speech and information;

    - for complying with a legal obligation, which requires processing under the law of the European Union or the Czech Republic, for completing a task in the public interest or when exercising public authority;

    - for archiving purposes in the public interest or for statistical purposes; or

    - for determining, exercising or defending legal claims.

  4. Right to restricting the processing of your personal data. You can also ask us to restrict the processing of your personal data if:

    - the processed personal data is inaccurate;

    - the processing is unlawful;

    - the processed personal data is no longer needed for the purposes for which it has been collected or otherwise processed; or

    - you raise an objection to the processing.

    If you exercise your right to restricting the processing and some of the above conditions will be met, we will record in our systems that such restriction applies to the personal data and will not generally actively further process the data (except for cases arising from applicable legal regulations).

    If the reasons for the restricting the processing cease to exist, we will cancel the restriction of processing of your personal data. We will inform you about that in advance.

  5. Right to data portability. If we process your personal data based on your consent or for the purpose of providing Services and the processing is automated at the same time, you have the right to obtain said personal data in a structured, commonly used, machine-readable format and transfer it to another controller. In such cases, your personal data will be provided electronically in a secured [xml] file.

  6. If you believe that obligations arising from the legislation for the protection of personal data (especially GDPR) have been violated, you have the right to lodge a complaint with the Office for Personal Data Protection or another relevant supervisory authority of a Member State of the European Union, which is responsible for supervising compliance with the obligations laid down by GDPR (in particular with the supervisory authority in the Member State of your habitual residence, place of employment or the place of the alleged violation).

    In TOPefekt, we do not use automated decision-making, i.e. decision-making based solely on automated processing (including profiling), that would have legal effects on you or significantly affect you in a similar manner.

    You also have the right to object to the processing of your personal data if your personal data is processed:

    - for the purposes of completing a task in the public interest or when exercising public authority;

    - for the purposes of legitimate interests of the controller or a third party; or

    - for marketing purposes, which also includes profiling in order to adapt offers to your needs and improve provided services.

    If you raise an objection, we will no longer process your personal data unless we demonstrate compelling reasons for the processing, which take precedence over your interests or rights and freedoms, or for the establishment, exercise or defence of legal claims.

    If you raise an objection to the processing for direct marketing purposes, we will no longer process your personal data for these purposes.

    If you exercise any of the above rights, we will inform you without undue delay about the outcome of your request.

Thank you for the vote of confidence.

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