Information on the processing of personal data (GDPR)
Believer s.r.o., ID No.: [14305763], with its registered office at [Varšavská 715/36, Vinohrady, 120 00 Prague 2], registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, file [C 363679] (hereinafter referred to as the ‘Operator’), as the personal data controller, also provides information on the processing of personal data it carries out in connection with the use of the platform [www.believer.eu] by its users (hereinafter referred to as the ‘Platform’). The Platform serves as a contact point for registered users (hereinafter referred to as the ‘User’) who can use the individual services offered by the Platform. This document includes information about the rights of data subjects in connection with the processing of their personal data.
If you have any questions regarding privacy and the exercise of your rights, please use the following contact details:
• e-mail: [support@believer.eu]
1. For what purpose and what personal data do we process?
1.1. Conclusion and performance of the Agreement In order to use the Platform and the services offered by the Platform, the User enters into an agreement (hereinafter referred to as the ‘Agreement’) with the Operator by registering on the Platform. In order to negotiate and conclude the Agreement and to subsequently perform it, including maintaining a user account within the Platform, the Operator requires the following personal data of the User – natural person:
• identification and contact details of the User – natural person (name, surname, telephone number, email address, delivery address),
• billing details of the User – natural person,
• data from communication with the User, any other data in the User's user account and other data on the performance of the Agreement, including data necessary to determine the amount of commission.
Without the above data, it is not possible to conclude or perform the Agreement, i.e. without the provision of this data, it is not possible to properly provide the User with the services offered by the Platform. The legal basis for the processing of this data is the conclusion and performance of the Agreement at the request of the User.
1.2. Fulfilment of obligations arising from legal regulations The Operator must process personal data in cases where it is required to do so by law. For this purpose, the Operator processes personal data in particular to the extent required by the relevant legal regulations in connection with the Operator's accounting obligations and in the fulfilment of related tax obligations, or for the fulfilment of obligations imposed by the law on archiving.
1.3. Legitimate interests of the Operator In justified cases, the Operator may also process personal data on the basis of a legal title, which is the protection of its legitimate interests. However, the Operator always thoroughly assesses and ensures that the interest in processing your data for this purpose does not disproportionately interfere with your privacy.
Identification of persons acting on behalf of the User within the Platform: These are typically members of statutory bodies, employees or other authorised persons who are not parties to the Agreement but who conclude the Agreement on behalf of the User, communicate with the Operator and otherwise act on behalf of the User. We need the personal data of these persons in order to communicate and act through them with the User for the purpose of concluding the Agreement and its further performance. For these persons, we usually process their first name, surname, email address, telephone number, delivery address, information about their job position or other relationship to the User, and data from communication with them.
Proof of consent to the Operator's terms and conditions: The User concludes the Agreement with the Operator either by electronic means, whereby the Operator expresses its consent to the terms and conditions by sending the registration form available on the Platform, or by submitting the registration form in paper form to the Operator. Therefore, in order to protect the legitimate interests of the Operator (so that we have proof that a specific User has agreed to the Operator's terms and conditions in their specific wording), the Operator stores the data necessary to identify the User as a contracting party and information about their agreement to the terms and conditions.
Defence and enforcement of the Operator's legal claims: The Operator also processes personal data for the purpose of protecting its legitimate interest, which is to ensure the Operator's ability to defend itself in any legal disputes, court proceedings or inspections by state authorities or other public administration bodies. We process this data so that we can prove, if necessary, that we have acted in accordance with our contractual obligations and legal regulations.
Analysis and improvement of Platform services: The Operator may also process data about the User's activity within the software ensuring the operation of the Platform in which the User's user account is activated (activity logging) for the purposes of protecting a legitimate interest – analysis of software use and its further improvement. For this purpose, we may also process data of registered and unregistered visitors to the Operator's website obtained through the use of so-called cookies or other similar technologies that store data on the visitor's device or obtain data from such devices; the conditions of use of cookies and similar technologies by the Operator are governed by special conditions, the wording of which is available here.
1.4. Sending commercial communications We also process Users' email addresses and/or telephone numbers for the purpose of sending information and news about our services offered on the Platform (commercial communications). The legal basis for the processing of personal data for the purpose of sending commercial communications is the legitimate interest of the Operator. The User may opt out of receiving further commercial communications at any time, free of charge, by following the procedure specified in each commercial communication sent, or within their user account, or by contacting us at any time at the contact email address provided above in this document.
2. From whom do we receive personal data and to whom do we pass it on? We obtain personal data primarily from data subjects. We do not collect any additional data about you other than that which you provide to us or which is generated by your activity on the Platform and in your user account (logging). You are obliged to provide us with accurate data and to update your data if it changes. We may transfer personal data under the conditions set out by law to public authorities where required by law or where requested by the relevant authority within the scope of its powers. Personal data may also be transferred to our business partners who act as independent personal data controllers with regard to your personal data. These include, in particular, the operator of the payment gateway through which online payments are enabled on the Platform.
Personal data is not transferred outside the EU.
3. How do we process personal data? We process your personal data manually in accordance with the relevant purpose, where manual processing is necessary or appropriate. Our employees or other persons working for us may be involved in the management of your data, including for the purpose of removing errors, inaccuracies, etc. However, these persons may only process personal data under the conditions and to the extent specified above and are bound by an obligation of confidentiality regarding personal data and security measures, the disclosure of which would jeopardise the security of personal data. Personal data may be processed in electronic form by automated means, specifically within software ensuring the operation of user accounts or the systems of individual processors, as listed above. We always process personal data in accordance with the relevant legal regulations and ensure that it is properly cared for and protected. We take care to ensure that your rights are not infringed, in particular your right to human dignity and your private and personal life.
4. How long do we process personal data? 4.1. Contract with the User We process personal data processed for the purposes of concluding and performing the Contract for the duration of the conclusion and performance of the Contract (i.e. for the period necessary to fulfil the obligations arising therefrom). Even after that, we may process personal data for the following purposes:
4.2. Fulfilment of legal obligations We process personal data processed on the basis of our legal obligations within the time limits set by these laws. Personal data required by legislation governing the Operator's tax and accounting obligations (typically billing details and information about the service provided) must be processed for accounting and tax purposes. The processing period is 5 years from the end of the accounting period; in the case of documents relevant to VAT payments, it is 10 years from the end of the tax period in which the performance took place. We archive relevant personal data in accordance with the requirements of the Archiving Act for the periods specified therein.
4.3. Legitimate interests We process personal data even after the termination of the Agreement for the protection of our legitimate interests (i.e. for the purposes of defending ourselves against any claims by Users or third parties, including in court, for the purposes of recording and proving consent to the Terms and Conditions and identifying persons acting with the Operator on behalf of the User) for the duration of the relevant limitation periods, which may last up to 15 years from the occurrence of the relevant event in the Czech Republic. If no relevant claim is made, this period is typically 5 years from the termination of the Agreement. We process information about the use of the Platform for the purposes of protecting our legitimate interest in analysing its use and improving it for the duration of the Agreement. After this period, we may only process this data in anonymised form.
4.4. Sending commercial communications We send commercial communications as described above until you unsubscribe from them. The option to withdraw your consent is provided in each communication sent and is free of charge. You can withdraw your consent at any time via your user account or the contact email address provided above.
4.5. Longer processing Personal data may be processed for longer than stated above if there is a relevant reason for further processing, typically the initiation of administrative or legal proceedings for which the personal data is relevant.
5. What are your rights? First and foremost, you have the right to request access to your personal data, including a copy of all your personal data. You can do this by emailing us at the address provided in the header of this document. For personal data that is not processed on the basis of consent, it is not possible to withdraw consent to processing. However, we will always assess whether it is necessary to continue processing your personal data for any of the above purposes at your request.
Your other rights: We will always inform you about:
• the purpose of the processing of personal data,
• the personal data or categories of personal data that are being processed, including all available information about their source,
• the nature of automated decision-making, including profiling, and information about the procedure used, as well as the significance and expected consequences of such decision-making for the data subject,
• the recipients or categories of recipients to whom the personal data have been or will be disclosed, and, in the case of transfer of personal data to a third country, the appropriate safeguards relating to the transfer to ensure the security of personal data,
• the envisaged period for which the personal data will be stored, or, if this is not possible, the criteria used to determine this period,
• all available information on the source of the personal data, if they have not been obtained from you. Your other rights include:
• requesting an explanation from us,
• request that we remedy the situation, in particular by blocking, rectifying, supplementing, restricting the processing or erasing personal data (right to be forgotten),
• request a copy of the personal data being processed, or request personal data concerning you in a structured, commonly used and machine-readable format, and transfer this data to another controller without us preventing this in any way,
• submit a query or complaint to the Office for Personal Data Protection,
• object to the processing of personal data concerning you.
6. How we protect your personal data We protect your data. The following security measures are used for this purpose: implementation and enforcement of internal regulations on personal data protection, virus protection, firewalls, encryption, access control to personal data and authorisation data, backups, physical protection measures and others.