1. GENERAL INFORMATIONHere you can find some general information about us and ELMA365.
1.2 Data controller. ELMA365 is owned and operated by ELMA Global a.s. having a registered busi-ness address at Panenská 23, Bratislava, 811 03, Slovakia, and the company number 53 261 259 («we,» «us,» and «our»)
1.3 Children. ELMA365 is not intended for use by persons under the age of 18. We do not knowingly collect personal data belonging to persons younger than 18. If you become aware that such a person has provided us with his or her personal data and you are a parent or a legal guardian of that person, please contact us immediately and we will remove the child’s personal data from our systems
1.6 Our role as a data processor. We act in the capacity of a data processor in situations when, within the scope of the services provided through ELMA365, our clients upload or generate data and digital files (the «Service Data») and that Service Data contains personal data. We do not own, control, or make decisions about the personal data included in the Service Data and such personal data is pro-cessed only in accordance with our client’s instructions. Our clients act as data controllers and they are responsible for deciding what personal data should be collected from data subjects and how such data should be processed. In the situations when we act in the capacity of a data processor, we comply with data processors’ obligations. Also, in order to ensure that personal data is processed in accordance with the strictest data protection standards, we provide a data processing agreement (the «DPA») based on the Standard Contractual Clauses. The DPA is available for consultation https://elma365.com/en/dpa/.
2. WHAT DATA DO WE COLLECT?Here we explain in detail what personal data we collect from you, for what purposes we use it, what technical data is collected automatically when you use ELMA365, and how we communicate with you.
2.1 Sources of personal data. We obtain your personal data from the following categories of sources:
Directly from you. For example, if you submit your personal data when you register your use account, conclude a service agreement with us, or contact us
Directly or indirectly through your activity on ELMA365. When you use ELMA365, we automat-ically collect technical information about your use of ELMA365 by means of cookies and analytics services; and
From third parties. We may receive information about you from third parties to whom you have previously provided your personal data, if those third parties have a legal basis for disclosing your personal data to us (for example, for payment processing purposes).
2.2 Collection of personal data. We comply with data minimisation principles. This means that we collect only a minimal amount of personal data that is necessary for your use of ELMA365. We use your personal data for limited, specified and legitimate purposes explicitly mentioned in this Pri-vacy Policy. For example, we use it only for the purposes of providing you with access to ELMA365, maintaining and improving ELMA365, replying to your enquiries, and pursuing our legitimate in-terests. We do not repurpose your personal data. This means that we do not use it for any purposes that are different from the purposes for which your personal data was provided. Below, you can find an overview of the types of personal data that we collect, the purposes for which we use it, and the legal bases on which we rely when processing it.
Demo request. When you request a demo on our website, we collect your full name, email ad-dress, phone number, company name, and position. We use the said information to schedule your demo, deliver you the demo, and contact you, if necessary. The legal bases on which we rely are ‘performing a contract with you’ and ’pursuing our legitimate interests’ (i.e., operate, analyse, grow, and administer ELMA365). We will store this data until the demo is delivered
Your account. When you conclude a service contract with us and get a user account, we collect your full name, email address, phone number, and company name. We use the said information to register and maintain your user account, enable you to access and use ELMA365, provide you with the requested services, contact you, if necessary, and maintain our business records. The legal bases on which we rely are ‘performing a contract with you’ and ’pursuing our legitimate inter-ests’ (i.e., operate, analyse, grow, and administer ELMA365). We will store this data until your user account is deleted.
Payments. When you make a payment, our third-party payment processors Stripe and PayPal collect your personal data, such as name, company name, EIN, billing address, and payment details (e.g., credit card details or bank account number). We do not have access to your full payment data; only a part of your personal data is made available to us by the payment proces-sor. Your payment data is used to process payments and maintain our accountancy records. The legal bases on which we rely are ‘performing our contractual obligations’ and ‘pursuing our legitimate interests’ (i.e., to administer our business). We store such data for the time period prescribed by law.
Enquiries. When you contact us by email, we collect your first name, last name, email address, and any information that you decide to include in your message. We use such data to respond to your enquiries and provide you with the requested information. The legal bases on which we rely are ‘pursuing our legitimate interests’ (i.e., to grow and promote ELMA365) and ‘your consent’ (for optional personal data). We will store this data until you stop communicating with us
2.3 Sensitive data. We do not collect or have access to any special categories of personal data («sen-sitive data») from you, unless you decide, at your own discretion, to provide such data to us. Sensi-tive data refers to your health, religious and political beliefs, racial origins, membership of a profes-sional or trade association, or sexual orientation.
2.4 Refusal to provide personal data. If you refuse to provide us with your personal data when we ask for it, we may not be able to perform the requested operation and you may not be able to use the full functionality of ELMA365, receive the requested information, or get our response. Please contact us immediately if you think that any personal data that we collect is excessive or not neces-sary for the intended purpose.
2.5 Collection of analytics data. When you browse ELMA365, we collect or have access to certain technical analytics data collected from you. Such data includes the following information:
Your activity on ELMA365 (time of visit, pages visited, products viewed, time spent on each page, clicks, scroll depth, interaction with widgets);
URL addresses from which you access ELMA365;
Your browser type and version;
Your operating system;
Your device details;
Information about your orders;
Your other online behaviour.
2.6 Purposes of analytics data. We use your analytics data to analyse what kind of users access and use ELMA365, measure your engagement with ELMA365, see which products are interesting to you, improve our content, develop new products and services, and investigate and prevent security is-sues and abuse. In most cases, such analytics data is non-personal and it does not allow us to identify you as a natural person. However, some of such data like your IP address may be considered per-sonal data and we will make sure that we have the necessary legal basis for processing such data. When we process your analytics data that is personal data, we rely on the ‘legitimate interest’ (i.e., to analyse and improve ELMA365) and ‘your consent’ bases.
2.7 Your feedback. If you contact us, we may keep records of any questions, complaints, recommen-dations, or compliments made by you and the response. Where possible, we will de-identify your personal data (i.e., we will remove all personal data that is not necessary for keeping such records).
2.8 Aggregate and de-identified data. In case your non-personal data is combined with certain ele-ments of your personal data in a way that allows us to identify you, we will handle such aggregate data as personal data. If your personal data is aggregated or de-identified in a way that it can no longer be associated with an identified or identifiable natural person, it will not be considered per-sonal data and we may use it for any legitimate purpose.
2.9 Newsletters. If you opt-in for our newsletter, subscribe to our newsletter, or conclude a service contract with us, we will inform you about our new products, features of ELMA365, and special offers. The legal bases on which we rely is ‘your consent’ (if you opt-in) and ‘pursuing our legitimate business interests’ (i.e., promote ELMA365). You can opt-out from receiving our commercial commu-nication at any time free of charge by clicking on the «unsubscribe» link included in our newsletters or by contacting us directly.
2.10 Transactional notices. If we have your email address and it is necessary to do so, we may send you important informational messages, such as order updates, payment receipts, invoices, shipping information, and other technical or administrative emails. Please note that such messages are sent on an «if-needed» basis and they do not fall within the scope of commercial communication that may require your prior consent. You cannot opt-out from service-related notices.
2.11 Processing of the Service Data. We process the Service Data only in accordance with the in-structions issued by our clients and in accordance with our DPA. We process the Service Data only for the purposes of performing our contractual obligations to our clients, providing ELMA365 to the clients, and maintaining our business records, as described in our DPA. We do not re-purpose the Service Data. The legal bases on which we rely are ‘performing our contractual obligations’ and ‘pursuing our legitimate interests’ (i.e., provide ELMA365 and administer our business).
3. HOW LONG DO WE STORE YOUR DATA?Here we explain for how long we keep your data in our systems and how we delete it.
3.3 Storage as required by law. When we are obliged by law to store your personal data for a certain period of time (e.g., for keeping accounting records), we will store your personal data for the time period stipulated by the applicable law and delete the personal data as soon as the required retention period expires.
4. HOW DO WE DISCLOSE YOUR DATA?Here you can find information about third parties that may have access to your personal data.
4.1 Disclosure to data processors. We keep your personal data in strict confidentiality. However, if necessary for the intended purpose of your personal data, we will disclose your personal data to entities that provide services on our behalf (our data processors). Your personal data may be shared with entities that provide technical support services to us, such as hosting, payment processing, and email distribution services. We do not sell your personal data to third parties and do not intend to do so in the future. The disclosure of your personal data is limited to the situations when it is re-quired for the following purposes:
Ensuring the proper operation of ELMA365;
Delivering you the requested services;
Processing your payments;
Responding to your enquiries;
Pursuing our legitimate interests;
Enforcing our rights, preventing fraud, and security purposes;
Carrying out our contractual obligations
Law enforcement purposes;
If you provide your prior consent to such a disclosure.
Our hosting and cloud storage service provider Amazon Web Services (AWS) located in the United States;
Our payment service providers PayPal located in Luxembourg and Stripe located in the United States;
Our live chat service provider JivoChat located in Russia;
Our analytics service provider Google Analytics located in the United States;
Our independent contractors and consultants.
4.3 International transfers. Although we are based in the EU, some of our data processors may be based outside the country where you reside. For example, if you reside in the UK or a country be-longing to the European Economic Area (EEA), we may need to transfer your personal data outside the UK or the EEA. In case it is necessary to make such a transfer, we will make sure that the country in which our data processor is located guarantees an adequate level of protection for your personal data or we conclude an agreement with it that ensures such protection (e.g., a data processing agree-ment based pre-approved Standard Contractual Clauses)
4.4 Disclosure of non-personal data. Your non-personal data may be disclosed to third parties for any purpose as it does not identify you as a natural person. For example, we may share it with prospects or partners for business or research purposes, for improving ELMA365, responding to law-ful requests from public authorities or developing new products and services.
4.5 Legal requests. If requested by a public authority, we will disclose information about the users of ELMA365 to the extent necessary for pursuing a public interest objective, such as national security or law enforcement.
5. HOW DO WE PROTECT YOUR DATA?Here you can find information on how we protect your data against breaches.
5.1 Security measures. We implement technical and organisational information security measures that protect your personal data from loss, misuse, unauthorised access and disclosure. The security measures taken by us include proper authentication, secured networks, strong passwords, encryp-tion, limited access to your personal data by our staff, anonymisation of personal data (when possi-ble), use of virtual private cloud technology, and carefully selected data processors.
5.2 Security breaches. Although we put our best efforts to protect your personal data, given the nature of communication and information processing technology and the Internet, we cannot be liable for any unlawful destruction, loss, use, copying, modification, leakage, and falsification of your personal data caused by circumstances that are beyond our reasonable control. In case a serious breach occurs, we will take reasonable measures to mitigate the breach, as required by the applicable law. Our liability for any security breach will be limited to the highest extent permitted by the ap-plicable law.
6. HOW CAN YOU MANAGE YOUR PERSONAL DATA?Here you can find detailed information about the rights that you have with regard to your personal data and how to exercise those rights.
6.1 The list of your rights. You have the right to control how we process your personal data. Subject to any exemptions provided by law, you have the following rights:
Right of access: you can get a copy of your personal data that we store in our systems and a list of purposes for which your personal data is processed;
Right to rectification: you can rectify inaccurate personal data that we hold about you;
Right to erasure (‘right to be forgotten’): you can ask us to erase your personal data from our systems;
Right to restriction: you can ask us to restrict the processing of your personal data;
Right to data portability: you can ask us to provide you with a copy of your personal data in a structured, commonly used and machine-readable format and move that personal data to another processor;
Right to object: you can ask us to stop processing your personal data;
Right to withdraw consent: you have the right to withdraw your consent, if you have pro-vided one;
Right to complaint: you can submit your complaint regarding our processing of your per-sonal data.
6.3 Complaints. If you would like to launch a complaint about the way in which we handle your personal data, we kindly ask you to contact us first and express your concerns. After you contact us, we will investigate your complaint and provide you with our response as soon as possible (no later than 30 days). If you are not satisfied with the outcome of your complaint, you have the right to lodge a complaint with your local data protection authority.
6.4 Requests pertaining to the Service Data. As a data processor, we do not directly donor requests received with regard to the Service Data. If we receive a request from a data subject pertaining to the Service Data, we will immediately forward such a request to the respective data controller (i.e., our client).
- Our email address: firstname.lastname@example.org
- Postal address: ELMA Global a.s., Panenská 23, Bratislava, 811 03, Slovakia