Last Updated: July 22, 2019
We take privacy very seriously. Being an EU-based company, we must comply with the EU general data protection regulation (the „GDPR“) when processing the personal data. We provide our Services either directly to natural person end-users or to our business clients in which case we process personal data about their employees or users. We regard all natural person users of our Services data subjects according to the GDPR.
If you have any questions concerning how we process your personal data, you can contact us at firstname.lastname@example.org or by post using our registered seat address above. All privacy enquiries sent to us are received and reviewed by our data protection officer (‘DPO’) appointed to serve as a contact point for you and supervisory authorities.
Generally, we need to process your personal data in order to:
Every time you download any application from Elmolis whether through Google Play, iTunes, Elmolis E-Shop, or other stores, you agree to and conclude with us the End-User-Licence-Agreement which represents a contract concluded between us (“EULA”). According to EULA, we are obliged to provide you with the Services which correspond to the specific functionality of the particular application and your in-product purchases. Any processing which is necessary to perform our obligations from the EULA as explained above is regarded a separate purpose of processing and is not subject to a separate data subject consent. For example, this includes:
As a software developer we need to be able to continuously develop, improve, maintain and test our software products which we regard our own legitimate interest. This typically includes:
We regard our marketing analytics a distinct purpose of processing personal data from sending out direct marketing communications. Some of the below activities might not necessarily involve processing of personal data. However, we would like to be transparent about the processing activities we undertake (with data generally) and would like to give our users full control over marketing related processing of personal data, as explained here. All of the below activities do correspond with our legitimate interest of better understanding our customers, customer trends and expectations when providing or offering our Services. For example, marketing analytics may include:
We keep various anonymous or aggregated statistics based on which one cannot identify an individual. For example, we might keep statistics about how many users are using our applications or what is the average usage time of our applications. Although these statistics are made by conversion or analysis of real personal data, the statistic findings or results are not personal data.
We maintain several business profiles on social media platforms where you can interact or communicate with us. By doing so, we are pursuing our legitimate interest: increasing company/brand awareness in online environment. We might process your personal data via our social media profiles when you write to us, comment, like or share our posts. Your provision of personal data via social media to us is voluntary. Please read relevant privacy policies to better understand processing of your personal data by providers of social media platforms. We only have a typical admin control over the personal data processed by us via our own company profiles. We assume that by using these social media platforms, you understand that your personal data might be processed for other purposes and that your personal data might by transferred to other third countries and third parties by providers of social media platforms. You can currently find us on Facebook, Linkedin, Twitter, Instagram, Pinterest, Youtube, Stack Overflow, Github, Tumblr, Dribble and Behance.
We might organize customer contests, price giveaways or similar promotional activities for example via our social media profiles. When we do so, we typically put forwards terms & conditions or statute which you need to accept before joining the contest. By doing so, you conclude a contract with us meaning we do not need your consent for participation and related processing of your personal data. However, we would always ask your consent should the circumstances require so.
When you purchase any paid add-on, feature or application from us, we must process your personal data in line with the applicable billing, tax and accounting legislation. Invoices and invoicing documentation might include your personal data. However, we are obliged to process, keep and store such data for statutory periods in order to be compliant with local law. Specific provisions of billing, tax and accounting legislation might vary across different jurisdictions.
We are obliged to adopt measures to ensure appropriate level of personal data security. Although these measures are not primarily directed for processing of personal data (which is rather a by-product of their purpose), processing of your personal data to some necessary extent might be needed in order for these measures to be implemented (for example encryption, pseudonymization, logging, backups, crash reporting, breach/incident reporting, security investigations and documentations, access control, harmful content detection, etc.).
Every time we are legally required to handle your requests, we must necessarily process your personal data. For example, when you approach us with request based on your data subject rights stemming from GDPR, we must process your personal data in order to comply with GDPR requirements.
From time to time, we might need to pursue a legal claim, ask for compensation or off-court settlement, keep evidence for potential dispute, manage legal contracts, request legal advice from external advisors, report illegal activity to law enforcement authorities or otherwise protect our legitimate legal interests (i.e. enforcing our legal rights). Although these activities do not automatically involve processing of personal data about our users (which happens very rarely), we would like to be transparent about such purpose of processing in case it does.
Generally, we collect your personal data directly from you (source), for example when you decide to download our app, make a purchase, register your account, fill-out marketing consent form, contact us or otherwise use our Services. Provision of personal data to us by you might happen directly, for example by filling-out registration, order or consent form but might also happen indirectly for example by using our apps which need to collect data in order to operate and in order to provide you with the Services requested. For example, when using our navigation or localization apps, we must collect your precise location, speed and bearings. Provision of personal data by you is voluntary or presents either a requirement to enter into a contract or a contractual requirement (EULA). Certain processing of personal data might be required by law or required by us in order to pursue our own legitimate interests, as explained above. However, if you decide not to provide us your personal data in the first place, these additional statutory or legitimate interest provisions of data should not happen.
We take the confidentiality of your personal data very seriously and have policies in place to ensure that your data is only shared with authorized personnel of Elmolis or a verified third party. Our employees might have access to your personal data on a strictly need-to-know basis typically governed and limited by function, role and department of the particular employee. We also use sub-contractors to support us in providing the Services who might process personal data for us. We ensure that selection of our sub-contractors and any processing of personal data by them is compliant with the GDPR. Categories of recipients of your personal data are:
By default, we seek not to transfer your personal data outside the EU and/or European Economic Area where not necessary. However, some of our sub-contractors or the above-mentioned recipients of personal data might be based or their servers might be located in the United States of America (U.S.). As such, US is regarded a third party not ensuring adequate level of protection. However, companies certified under the EU-US Privacy Shield mechanism according to the EU Commision (Text of the Commission’s EU-US Privacy Shield Decision) are regarded as ensuring adequate level of protection. Any transfer of personal data outside the European Economic Area is done by us only under strict compliance with the GDPR. We ensure the third-party recipients are either certified under the EU-US Privacy Shield, concluded EU model clauses with us or follow equivalent safeguards in place.
We must not and we do not want to store your personal data for longer than necessary for the given purpose of processing. Due to this legal requirement but also due to technical and financial aspects of data storage we actively delete data where no longer necessary. In general, storage periods of the following purposes are linked to active usage of our apps and the actual data on our product servers at the given time:
This means (in general) that if you stop using our app, we stop processing your personal data for the above purposes of processing. If you uninstall our app, we delete personal data collected by the app. However, depending on the circumstances we delete some data sooner or later than that, for example:
Some of our users might have a life-time license for our apps. In that case, we must store credentials of the license holder for a period equivalent to “life-time” period which is 90 years from license purchase. If you request us to erase your personal data including your license credentials we can do so, but you will loose the life-time license as well (i.e. you will no longer be in the list of license holders). Please note that if you then decide to use our apps again in the future, you might not be able to rely on your license unless you prove to us that you had the license before. We therefore suggest you keep evidence of our communication about the license credentials erasure.
As regards the purpose of direct marketing communications (newsletter & push notifications), the storage period generally lasts until you revoke your consent (opt-out) or object against direct marketing.
As regards Billing, Tax & Accounting purposes the retention period are governed by local law and depending on the type of information or document in which billing personal data might be included the storage period is 10 years.
It stems from the nature of social media profiles that we do not actively delete the history of our profiles, but you are free do so or request us to do so at any time. We delete old private messages via social media once every 3 years.
In general, storage periods for consumer contests is the duration of the contest. As regards handling user requests and legal enforcement, we might keep your personal data if we believe it might be necessary for us in court, criminal or administrative proceedings in the future. General limitation period under Slovak law is 3 years.
If we process your personal data, you have so-called data subject rights under the Article 15 to 22 of the GDPR. Among others, you have right to request access to your personal data, rectification or erasure of personal data or restriction of processing or right to object to processing as well as the right to data portability. However, these are not absolute rights and they only exist if the relevant conditions are met. For example, right for erasure does not apply in case when such personal data is required for compliance with legal obligation (Billing, Tax & Accounting) or for the establishment, exercise or defence of legal claims (Legal enforcement). Please contact us at email@example.com if you have a general query about your data subject rights.
You have a right to lodge a complaint related to personal data to the relevant data protection supervisory authority. Please note that our lead data protection authority is the Office for Protection of Personal Data of the Slovak Republic. If you are not sure about whether we process your personal data, you can request our confirmation by reference to the right of access under the Art. 15(1) of the GDPR. If we do process your personal data you can request the following information:
When we process your personal data based on your consent, you can always revoke your consent at any time. You can always use our general contact details for revoking consent or objecting to processing. In case of email newsletters, you will find opt-out button at the bottom of every direct marketing email.
If you feel that we are processing incorrect personal data about you given the purpose and circumstances and you cannot change such personal data via functionality of the app, account or website, you can request rectification of incorrect or incomplete personal data using the below supplementary statement (all information is voluntary) and/or our general contact details:
This supplementary statement for rectification can be send to Elmolis at firstname.lastname@example.org
When enforcing your data subject rights, please be as explicit and detailed as possible. Otherwise, we might respond with request to clarify a generic, vague or too general requests which in turn delays getting the information you request.