EpicGO Privacy Policy and NOTICE
Last modified: [DATE]
Introduction
This privacy policy describes how we will collect, use, share and otherwise process your personal data in connection with your use of:
· "EPICGO" platform available on our website on [WEB ADDRESS] (Platform).
· Any of our services that are accessible through the Platform (Services).
This Platform is not intended for children and we do not knowingly collect data relating to children.
Please read the following carefully to understand our practices regarding your personal data and how we will treat it.
Children Under the Age of 18
The Platform is not intended for children under 18 years of age. No one under age 18 may provide any information from children under 18. We do not knowingly collect personal information from children under 18. If you are under 18, do not use or provide any information on this Platform or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 18 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 18, please contact us at [CONTACT EMAIL].
Important information and who we are
EPICGO S.R.L. is the controller and is responsible for your personal data (COMPANY, we, us or our in this notice).
We have appointed a data privacy manager. If you have any questions about this privacy policy, please contact them using the details set out below.
Contact details
Our full details are:
· Full name of legal entity: EPICGO S.R.L., with its registered headquarters at [***]
· Email address: [email]
· Postal address: [***]
You have the right to lodge a complaint at any time with your local data protection authority, which is responsible for supervising compliance with data protection laws in your country.
A list of supervisory authorities in the EU/EEA and the UK is available on the European Data Protection Board website and the UK Information Commissioner’s Office website.
In Romania, you have the right to lodge a complaint at any time with the Romanian Data Protection Authority:
Autoritatea Națională de Supraveghere a Prelucrării Datelor cu Caracter Personal (ANSPDCP)
Address: B-dul Gheorghe Magheru nr. 28-30, sector 1, Bucureşti, cod poştal 010336
Email: [email protected] Website: www.dataprotection.ro
Changes to the privacy policy and your duty to inform us of changes
We keep our privacy policy under regular review.
This version was last updated on the date shown above. It may change and, if it does, those changes will be posted on this page and notified to you by email or when you next log into the Platform or log onto your account.
It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during our relationship with you.
Third party links and sites
Our Platform and Services may, from time to time, contain links to and from the websites of third parties. Please note that these websites (and any services accessible through them) are controlled by those third parties and are not covered by this privacy policy. You should review their own privacy documentation to understand how they use your personal data before you submit any personal data to these websites or use these services.
The data we collect about you
We collect, use, store and transfer different kinds of personal data about you. To make it easier for you to use this privacy policy, we group these into the following categories. Each of these categories is described in more detail below in the section Description of categories of personal data.
· Identity Data.
· Contact Data.
· Profile Data.
· Transaction Data.
· Device Data.
· Content Data.
· Usage Data.
· Security Data.
· Cookies Data.
· Marketing and Communications Data.
· Social Media Data.
· Feedback Data.
· Personalisation Data.
We do not intentionally collect any special categories of personal data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data).
We will collect data relating to criminal offences through the measures we take to secure and protect our Platform and users. Further details can be found in the section Criminal offence data and special category data below.
How is your personal data collected?
We collect your personal data in the following way:
· Registration. We collect your Identity Data and Contact Data when you register your account with us.
· Communications. When you communicate with us via email, telephone, one of our online forms or chat we collect your Contact Data. If you contact us through the Platform using the chat function, we also collect Device and Cookies Data to operate our chat function and respond to your messages. If the communication relates to an error or problem you are having with the Platform or one of our Services, we will also collect Usage Data for diagnosis and improvement.
· Information you generate when using our Platform and Services. Each time you access and use our Platform and Services we collectContent, Device, Cookies, Personalisation and Usage Data. We collect Content Data where you upload it to the Platform or interact with the content available on the Platform. Please see our cookie notice [LINK] for further details.
· Information we collect through monitoring the use of our Platform, Sites and Services. Each time you access and use our Platform and Services we collect information about that access and use, being Device, Content, Cookies, and Usage Data.
· Direct Marketing. We collect and record Direct Marketing Data when we add you to our marketing database, you request to change your direct marketing preferences, or you interact with our direct marketing communications, or we receive prospect information from our data broker partners.
· Social Media Data. We collect Social Media Data when you choose to connect your social media account to your account.
Cookies
We use cookies (small files placed on your device) and other tracking technologies on the Platform and in our direct marketing emails to improve your experience and our development of the Platform and our Services. For detailed information on the cookies we use, the purposes for which we use them and how you can exercise your choices regarding our use of your cookies, see our cookie notice [LINK].
How we use your personal data
We will only use your personal data when we have a lawful basis to do so. Our lawful basis for each purpose for which we use your personal data is specified below. Most commonly we will use your personal data in the following circumstances:
· Performance of a contract. Where we need to process your personal data to perform a contract with you or where you ask us to take steps before we enter into a contract with you. Where we rely on performance of a contract and you do not provide the necessary information, we will be unable to perform your contract.
· Legitimate interests. Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.
· Legal obligation. Where we need to use your personal data to comply with a legal or regulatory obligation. Where we rely on legal obligation and you do not provide the necessary information, we may be unable to fulfil a right you have or comply with our obligations to you, or we may need to take additional steps, such as informing law enforcement or a public authority or seeking a court order.
· Consent. Where you have freely consented before the processing in a specific, informed and unambiguous indication of what you want. You can withdraw your consent at any time by contacting us (see Your legal rights below).
Delivery and improvement of our Platform and purchases
Purpose or activity
Type of personal data
Lawful basis for processing
To permit you to install the Platform and register you as a new Platform user
Identity
Contact
Device
Performance of a contract
To take steps towards providing you with services at your request, to process and fulfil in-Platform orders/purchases and deliver services to you, including managing payments and sending you service communications
Identity
Contact
Transaction
Device
Location
Performance of a contract
Enforce our terms and conditions, including to collect money owed to us
Identity
Legitimate interests (to recover debts due to us)
Account management
Purpose or activity
Type of personal data
Lawful basis for processing
Combining the information we collect about you into a single customer account profile
Contact
Direct marketing
Legitimate Interests (to publicise and grow our business)
Direct marketing
Purpose or activity
Type of personal data
Lawful basis for processing
To send you direct marketing communications via email, text and/or push notification
Contact
Device
Direct Marketing
Consent
Unless we can rely on the soft opt-in and you have not opted out, in which case we rely on Legitimate Interest (to publicise and grow our business)
Troubleshooting, improvement and security
Purpose or activity
Type of personal data
Lawful basis for processing
To administer, monitor and improve our business, Services and this Platform including troubleshooting, data analysis and system testing
Identity
Contact
Device
Legitimate interests (for running our business, provision of administration and IT services, network security, maintaining the security of our Platform and Services, providing a secure service to users and preventing fraudulent and other misuse of our Platform)
Applying security measures to our processing of your personal data, including processing in connection with the Platform
All personal data under this privacy policy
Legal obligation (technical and organisational measures)
Otherwise monitoring use of the Platform and deploying appropriate security measures
Contact
Security
Transaction
Legitimate interests (running our business, provision of administration and IT services, network security, maintaining the security of our Platform and services, providing a secure service to users and preventing fraudulent and other misuse of our Platform)
Rights and obligations
Purpose or activity
Type of personal data
Lawful basis for processing
To comply with our other legal obligations, including compliance with tax legislation, judicial, law enforcement and government authorities' requests
All personal data under this privacy policy
Legal obligation
Cookies and personalisation
Purpose or activity
Type of personal data
Lawful basis for processing
To deploy and process personal data collected via Cookies that are strictly necessary, as set out in the cookies note [LINK]
Cookies
Legitimate interests (delivering and securing the Platform and our Services)
To deploy and process personal data collected via Cookies that are not strictly necessary, as set out in the cookies note [LINK]
Cookies
Consent
To deliver (personalised) advertisements to you
Personalisation
Consent
Other communications
Purpose or activity
Type of personal data
Lawful basis for processing
To notify you of changes to the Platform, Services, your purchases and our terms and conditions for ongoing contracts
Contact
For ongoing or prospective contracts, Performance of a contract
Otherwise, Legitimate interests (in servicing our users and prospective users)
To notify you of updates to this privacy policy
Contact
Transaction
Legal obligation (to inform you of our processing)
To respond to your requests to exercise your rights under this notice
As relevant to your request
Legal obligation (complying with data subject requests)
To ask you to complete a survey and process your response
Contact
Legitimate interests (to analyse how users use our products or Services and to develop them and grow our business)
Unless you have previously opted out, where we will rely on Consent
To otherwise respond to your enquiries, fulfil your requests and to contact you where necessary
As relevant to your enquiry or request
Legitimate interests (service our users and prospective users)
Business contacts
Purpose or activity
Type of personal data
Lawful basis for processing
Process personal data relating to staff members of our business contacts, including suppliers, customers and prospects
Contact
Legitimate interests (servicing and receiving products or services, to or from our business contacts and carry out our B2B business)
Automated decision making and profiling
We do not make decisions based solely on automated processing or profiling that produce legal effects concerning you (or have similarly significant effects).
Criminal offence data and special category data
We do not intentionally collect criminal offence data about you. However we may process data relating to criminal offences in monitoring the use of our Platform for security purposes, where we suspect you may have committed a crime, such as attempting to make a fraudulent purchase or claim or circumvent the security of the Platform or Services. In such circumstances we will provide that information to law enforcement and/or use it to establish, exercise or defend a legal claim. In those circumstances, according to the type of activity and purpose, we will rely on legitimate interests (protecting our business, employees and other users) and legal obligation (where required by legal, judicial or law enforcement to disclose or process that information).
Disclosures of your personal data
We may share your personal data with the following third parties:
· External third parties.
· Service providers acting as processors based in the US, the EEA, or the UK who provide IT and system administration services, hosting services for our Platform, delivery and logistics services, payment processing, fraud and identity verification providers, customer service support, email delivery and administration, and data storage and analysis.
· If necessary, our professional advisors based in the US, the EEA, or the UK including lawyers, auditors, insurers, consultants who provide legal, accounting, insurance and other similar services.
· Your service providers that you have appointed and we need to contact to fulfil your requests, such as your banking or payment card provider to process your transactions.
· Third party partners where you have subscribed to receive marketing from or with them.
· Third parties to whom we may choose to sell, transfer or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy policy.
· Regulators, law enforcement, public authorities or other third parties where necessary to exercise our rights or comply with a legal obligation.
International transfers
Whenever we transfer your personal data out of your jurisdiction, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:
· We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data.
· Where we use certain service providers located outside your home jurisdiction, we use specific contracts which give personal data the same protection it has in your home jurisdiction.
Please contact the data privacy manager using the contact details above if you want further information on the specific mechanism used by us when transferring your personal data out of your home jurisdiction.
Data security
All information you provide to us is stored on our secure servers and located in the EEA, UK or US. Any payment transactions carried out by us or our chosen third-party provider of payment processing services will be encrypted using adequate industry standard technology. Where we have given you (or where you have chosen) a password that enables you to access certain parts of our Platform or Services, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
Once we have received your information, we will use strict procedures and security features to protect your personal data from loss, unauthorised use or access.
We have put in place procedures to detect and respond to personal data breaches and notify you and any applicable regulator when we are legally required to do so.
Data retention
Details of retention periods for different aspects of your personal data are available in our retention policy which you can request by contacting us.
By law we have to keep basic information about our customers (including Contact, Identity, Security and Transaction Data) for seven years after they cease being customers for tax purposes.
In some circumstances you can ask us to delete your data: see Your legal rights section below for further information.
Once we no longer have a legal right to hold your personal data, we will delete or, in some circumstances, we will anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.
If you do not use the Platform for a period of 36 months then we will treat the account as expired and will delete your personal data.
Your legal rights
You have the following rights under data protection laws in relation to your personal data.
· Access. Request access to and/or a copy of the personal data we process about you (commonly known as a data subject access request). This enables you to check that we are lawfully processing it.
· Correction. Request correction of any incomplete or inaccurate data we hold about you. (We may need to verify the accuracy of the new data you provide to us.)
· Deletion. Request us to delete or remove personal data where there is no good reason for us continuing to process it. You also can ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we have processed your information unlawfully or where we need to erase your personal data to comply with law. (In some cases, we may need to continue to retain some of your personal data where required by law. If these apply, we will notify you at the time of our response.)
· Objection. Object to us processing your personal data where (a) we are relying on legitimate interests as the lawful basis and you feel the processing impacts on your fundamental rights and freedoms, or (b) the processing is for direct marketing purposes. In some cases, we may refuse your objection if we can demonstrate that we have compelling legitimate grounds to continue processing your information which override your rights and freedoms.
· Restriction. Request that we restrict or suspend our processing of your personal data:
· if you want us to establish the data's accuracy;
· where our use of the data is unlawful, but you do not want us to erase it;
· where we no longer require it, but you need us to hold onto it to establish, exercise or defend legal claims; or
· you have objected to our use of your data, but we need to verify whether we have overriding legitimate grounds to use it.
· Data portability. Request we transfer certain of your personal data to you or your chosen third party in a structured, commonly used, machine-readable format.
· Withdraw consent. Withdraw your consent at any time where we are relying on consent to process your personal data. Please know that this does not affect the lawfulness of any processing carried out before you withdraw your consent, and after withdrawal, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
· Complain to the data protection regulator. If you are unhappy with how we process your personal data, we ask that you contact us first using the details below so that we have the chance to put it right. However, you also have the right to make a complaint to the data protection regulator in your home jurisdiction at any time.
You can exercise any of these rights at any time by contacting us at [EMAIL ADDRESS].
You can also use the [Cookies banner] to give or withdraw your consent to or disable our processing of your Cookies Data.
Description of categories of personal data
· Identity Data: first name, last name, title, date of birth and Profile Data.
· Contact Data: first name, last name, contact address, email address and telephone numbers, your communication preferences and copies of the communications between you and us.
· Profile Data: your email address, username and password.
· Transaction Data: billing and delivery addresses, payment card details, history of your payments, purchases, deliveries, returns and refunds and the applicable terms and conditions of your purchases.
· Device Data: the type of device you use, your unique device identifier, mobile network information, your mobile operating system, the type of mobile browser you use, IP address, time zone setting.
· Content Data: information that you store or generate in the Platform, being photos, videos and associated metadata, check-ins, posts and messages.
· Usage Data: logs and detail of your use of our Platforms and Services, being the dates and times on which you download, access and update the Platform and our Services, any error or debugging information, and the resources that you access and the actions we and you take in relation to them and Cookies Data.
· Security Data: information we collect about your use of the Platform, our Services and our Sites in order to ensure your and our other users' safety and security, being Usage Data, the Cookies Data generated and the information provided to us by our payment processing provider.
· Cookies Data: the information collected through the cookies and similar technologies listed in our Cookies Notice.
· Direct Marketing Data: your direct marketing preferences, consents for receiving direct marketing from us and/or our third parties and the history of the direct marketing communications we have sent to you.
· Social Media Data: your social media account information.
· Feedback Data: your feedback and survey responses.
· Personalisation Data: Cookies Data, Device Data, Content Data, Transaction Data, Connected Data, Social Media Data, Usage Data, Location Data, and the preferences we have inferred you have and use to personalise the Platform and Services.