Principles of personal data processing
Principles of personal data processing in MoistureGuard, s.r.o.,
MoistureGuard, s.r.o., IČO 079 32 197, with registered office at Hradešínská 1768/22, Vinohrady, 101 00 Prague 10, registered in the Commercial Register kept in Prague, file number C 310078, kept at the Municipal Court in Prague (hereinafter also referred to as "MoistureGuard" or "the Administrator"), in accordance with Regulation (EU) 2016/679 on the protection of natural persons with regard to the processing of personal data (hereinafter referred to as the "Regulation"), hereby provides its customers and other affected personal data subjects (such as. representatives or contact persons of its customers, users of its services, persons interested in its services and goods, visitors to its website, as well as suppliers and other business partners), information on the principles that it, as a personal data controller under generally binding data protection legislation, maintains in the processing of personal data of natural persons that occurs in the operation of its plant and related activities (hereinafter referred to as the "Principles").
Terms that are not expressly defined in this Policy or in other documents referred to in this Policy shall have the meaning given to them in the Regulation.
- Communication with MoistureGuard regarding data protection
- MoistureGuard can be contacted on data protection matters through the appointed data protection officer, either
- in writing - by sending a message to MoistureGuard or to the e-mail address ____________
- in person - by prior arrangement at the MoistureGuard headquarters.
- Alternatively, you can use the contact details listed on the MoistureGuard website.
- Purposes of the processing of personal data
- MoistureGuard always processes personal data on the basis of a predetermined legitimate purpose that is clear to the data subjects.
- For most purposes, it is possible to process personal data directly on the basis of a contract, MoistureGuard's legitimate interest or on the basis of law, thus without the need to obtain the data subject's consent, for others only on the basis of consent.
- MoistureGuard processes personal data for the purposes of:
- the performance of contracts with its contractual partners,
- fulfilling their legal obligations,
- ensuring the protection of its rights and legally protected interests,
- direct marketing,
- advertising and marketing.
- Legal basis for the processing of personal data
- The vast majority of the processing of personal data will be carried out by MoistureGuard on this legal basis:
- the processing is necessary for the performance of a contract to which the data subject is a party or for the implementation of measures taken prior to the conclusion of the contract at the request of the data subject,
- the processing is necessary to comply with a legal obligation to which MoistureGuard is subject and which arises from a legal regulation,
- processing is necessary for the purposes of the legitimate interests of MoistureGuard or a third party.
- In these cases, the data subject's consent is not required for processing.
- In exceptional cases, processing may be carried out on the basis of the data subject's consent. MoistureGuard shall be able to provide evidence of such consent at any time. The data subject has the right to withdraw his or her consent at any time.
- MoistureGuard is guided by the principle of lawfulness under the Regulation when processing personal data, so that if it processes personal data on the basis of a legal title other than the above, it will be a title arising from the legislation applicable to the controller.
- In the case of the processing of personal data for the purposes of the legitimate interests of MoistureGuard or a third party, this will generally be one of these interests:
- maintaining or deepening good relations with customers or business partners, including addressing their requests, wishes or complaints,
- direct marketing,
- Protecting MoistureGuard's premises and employees from security risks,
- keeping records of debtors, collecting debts and dealing with other legal agendas related to the operation of the MoistureGuard plant.
- MoistureGuard sends commercial communications in electronic form in accordance with the relevant provisions of Act No. 480/2004 Coll., on certain information society services, as amended, and principally in the direct marketing mode. For these reasons, it is entitled to do so without the data subject's consent, but only until the data subject's consent is expressed. MoistureGuard shall provide the data subject with a clear and prominent opportunity in each commercial communication to simply and free of charge refuse the use of his or her electronic contact for further commercial communications.
- Categories of personal data processed
- For individual processing purposes, MoistureGuard processes in particular the following categories of personal data or some of them:
- identification data,
- address details, including social networking addresses,
- contact details and data necessary for communication (e.g. passwords for communication),
- data on the services you receive, their use and payment behaviour, or goods purchased,
- the operational data and specifications of the sensors or other equipment associated with the use of MoistureGuard services and the data delivered from the equipment as part of the use of MoistureGuard services (including location data),
- specifications of the objects in which the sensors are placed,
- records related to MoistureGuard's plant operations, including telephone calls, camera footage, etc.
- records related to the setup, use or provision of services, including relevant documentation, recordings of telephone calls,
- sensor data records (especially humidity, CO2 concentration, etc.);
- data related to the use of the MoistureGuard website,
- data processed on the basis of the data subject's consent.2. The scope of the data processed always depends on the purpose of the processing, but is always governed by the data minimisation principle of the Regulation.
- Cookies are small text files containing specific data that are stored by the browser on the computer's hard drive. Cookies make browsing easier because they store previously viewed pages and reuse this data. For these reasons, there is no need to enter certain data repeatedly on the same website.
- MoistureGuard uses various software solutions to optimize online services. These solutions allow us to analyse website usage and gather valuable information about user needs in order to continuously improve the user experience and quality of online services. In order to perform these analyses, aggregate, anonymous statistical data is recorded. These consist of anonymous connection and link-clicking data relating to the browser used, the number of visits/page views and the browsing style of the www.senzomatic.com website by the respective user. When collecting and processing the data, the shortened IP address of the user may also be displayed.
- This data is analysed in particular for the following purposes: a) counting the number of users, b) monitoring the sections of the website that are of particular interest to the user concerned, c) analysing the user's place of origin in order to optimise the provision of services, d) tailoring recommendations to specific target groups of users.
- This procedure involves the use of persistent cookies (see above). By adjusting the settings of his browser, the user is able to block cookies at any time or to decide that cookies will only be set if the user explicitly allows them. The user can also block the use of his data in general at any time by all tools used, if he selects the "delete cookies" option in the respective tool. If the user chooses to use the "delete cookies" option, it is possible that they will no longer receive specific recommendations. MoistureGuard will use the IP address of the user in the case of technical operation of the www.senzomatic.com website.
- Furthermore, MoistureGuard stores the IP address of the user primarily for security reasons, to ensure the stability and reliability of the IT systems used and to prevent or monitor misuse of its www.senzomatic.com website.
- By entering into a contract with MoistureGuard, or even by registering or placing an order with MoistureGuard, the user agrees to the storage of cookies on his/her terminal device and the above-described use of the IP address.
- Categories of recipients of personal data 1
- The processing of personal data may involve disclosure of personal data to other entities, known as recipients. These are either (i) entities that are directly involved in some sub-processing activity, called processors, or (ii) entities that may have access to the data on an ad hoc basis as a result of MoistureGuard's provision of specialized services (e.g., legal advisors, IT specialists, etc.) whose primary content is not the processing of the data.
- All recipients shall be responsibly selected on the basis of the guarantees they provide for data security through the technical and organisational measures they have adopted.
- Processors perform personal data processing activities principally on the basis of a personal data processing contract.
- MoistureGuard may disclose personal data in the above sense to the following categories of recipients:
- cloud service providers (as part of the use of technologies related to the services provided),
- entities providing installation, maintenance and servicing of sensors and other equipment (network of cooperating installation partners),
- to providers of postal and electronic communications services (in the context of normal communications),
- direct-marketing service providers (mass mailings),
- to banks (in the context of payment arrangements),
- advertising service providers (for the purposes of the legitimate interests of the controller),
- information system administrators (in the context of maintenance, support and development of the IS used),
- legal and other professional advisers and representatives (for the purposes of the legitimate interests of the controller),
- certification authority (as part of an ISO audit)
- providers of archiving and shredding services (to ensure compliance with prescribed deadlines),
- to law enforcement authorities and other public authorities (in the performance of their statutory duties), o. to courts and bailiffs (in connection with claims),
- All persons engaged by MoistureGuard to process personal data will comply with the requirements set out in the Regulation. All MoistureGuard employees are required to follow the processing instructions and maintain confidentiality of the personal data they process in the course of their work.
- Should MoistureGuard itself be in the position of a processor, it will not involve any other processor in the processing without the prior specific or general written permission of the relevant data controller. The additional processor will always be contractually subject to the same data protection obligations that apply to MoistureGuard as processor.
- Transfer of personal data to a recipient in a third country
The transfer of personal data to a recipient in a third country or an international organisation may take place on the basis of an instruction from the customer, who is the data controller.
- Period of storage of personal data
- Personal data are stored in accordance with the principle of storage limitation under the Regulation, i.e. only for the period necessary for the purposes for which they are processed.
- After the storage period has expired, the personal data is either deleted or anonymised.
- Separate criteria for determining the period of storage of personal data are specified for each processing purpose, which results in the following periods:
- personal data relating to customers who have fulfilled all of their obligations to MoistureGuard are stored for 3 years from the date of termination of the customer's last contract with MoistureGuard (unless otherwise required by law); in other cases, for 3 years from the date of fulfilment of the last of the customer's obligations to MoistureGuard (unless otherwise required by law); personal data relating to prospective customers of MoistureGuard's services where no service contract has been concluded, the prospective customer's personal data are stored for 1 year from the end of negotiations to conclude a service contract,
- for the performance of contracts with contractual partners, personal data relating to contractual partners are stored for a period of 3 years from the termination of the respective contract; in the event of disputed rights arising from the contract, personal data are stored for the period necessary for the proper conduct of the dispute and settlement of the disputed rights;
- for the fulfilment of legal obligations, the data is stored for the period of time specified by law,
- to ensure the protection of the rights and legally protected interests of MoistureGuard, the personal data of the data subject are stored for the period necessary to protect the rights and legally protected interests in question (e.g. debtor records are kept for the duration of the debts, etc.),
- in the case of direct marketing, the personal data of customers is stored for the duration of the statutory authorisation to use the data in question, or for the duration of the consent,
- for advertising, the personal data of the subjects concerned are stored for a period of 3 years from the date of termination of the contract for their use; in the event of the existence of disputed rights arising from such a contract, the personal data are stored for the period necessary for the proper conduct of the dispute and the settlement of the disputed rights.
- Rights of the data subject
- The Regulation gives data subjects certain rights in relation to the processing of their personal data. Among the most important are:
- Right of access to personal data
i. The data subject has the right of access to personal data, which includes, firstly, the right to obtain confirmation from MoistureGuard as to whether or not personal data concerning him or her are being processed and, if so, the right to obtain access to such personal data and to the following information, (i) on the purposes of the processing, (ii) on the categories of personal data concerned, (iii) the recipient or categories of recipients to whom the personal data have been or will be disclosed, (iv) the intended period of storage of the personal data, (v) the existence of the right to request the controller to rectify or erase personal data relating to the data subject or to restrict or object to the processing, (vi) the right to lodge a complaint with a supervisory authority, (vii) any available information about the source of the personal data, unless it is obtained from the data subject, (viii) the fact that automated decision-making, including profiling, takes place and, in such cases, further meaningful information concerning the procedure used, as well as the significance and foreseeable consequences of such processing, (ix) appropriate safeguards in the event of transfer to a third country, (x) the right to obtain a copy of the personal data processed, provided that the rights and freedoms of others will not be adversely affected.
ii. In the event of repeated requests for copies of data, MoistureGuard shall be entitled to charge a reasonable fee.
iii. If the data subject requests disclosure in electronic form, the information shall be provided in an electronic form which is commonly used.
- Right to rectification of inaccurate personal data
i. The data subject has the right to have inaccurate personal data concerning him or her rectified by MoistureGuard without undue delay.
ii. The data subject shall have the right, taking into account the purposes of the processing, to have incomplete personal data completed, including by providing an additional declaration.
- Right to erasure
i. The data subject shall have the right to have personal data concerning him or her erased for the reasons set out in Article 17 of the Regulation and MoistureGuard shall erase them without undue delay, unless the processing is necessary for one of the reasons set out in the Regulation.
ii. Where the personal data to be erased have been disclosed by the controller, the controller shall take reasonable steps, taking into account the technology available and the cost of implementation, including technical measures, to inform the controllers who process those personal data that the data subject requests it.
- Right to restriction of processing
i. The data subject has the right to have MoistureGuard restrict the processing of his or her personal data in any of the cases listed in Article 18 of the Regulation.
ii. If processing is restricted, MoistureGuard may only process the personal data in question under the conditions set out in the Regulation.
- Notification obligation regarding rectification or erasure of personal data or restriction of processing
i. The data subject has the right to have MoistureGuard notify the individual recipients to whom the personal data have been disclosed of any rectification or erasure of personal data or restriction of processing carried out in accordance with the Regulation, except where this proves impossible or involves a disproportionate effort.
ii. Upon request, MoistureGuard informs the data subject of these recipients.
- Right to portability of personal data
i. In the cases referred to in Article 20 of the Regulation, the data subject shall have the right to obtain personal data concerning him or her which he or she has provided to MoistureGuard in a structured, commonly used and machine-readable format and to transmit such data to another controller, without MoistureGuard preventing this.
ii. If technically feasible, the data subject may request that the data be transmitted by MoistureGuard directly to the other controller. i
iii. The exercise of this right must not adversely affect the rights and freedoms of other persons.
- Right to object
i. The data subject shall have the right to object at any time, on grounds relating to his or her particular situation, to processing of personal data concerning him or her for the performance of a task carried out in the public interest or in the exercise of official authority vested in him or her or on the basis of a legitimate interest of MoistureGuard, including profiling based on the relevant provisions governing such processing.
ii. Furthermore, the data subject shall have the right to object at any time to processing of personal data concerning him or her for direct marketing purposes, which shall include profiling insofar as it relates to such direct marketing.
- Automated individual decision-making including profiling
i. The data subject has the right not to be subject to any decision based solely on automated processing, including profiling.
ii. MoistureGuard declares that it does not carry out any automated decision-making without the influence of human judgement with legal effects for data subjects.
- Right to withdraw consent to the processing of personal data
The data subject has the right to withdraw his or her consent to the processing of personal data concerning him or her at any time. The revocation must be made by an explicit, intelligible and specific expression of will.
- Right to apply to the Office for Personal Data Protection
i. The data subject has the right to lodge a complaint with the supervisory authority if he or she considers that the processing of his or her personal data infringes the Regulation.
ii. The supervisory authority of the Czech Republic is the Office for Personal Data Protection (www.uoou.cz).
- Nature of MoistureGuard's request for personal data
- The provision of personal data for processing based on the data subject's consent is not mandatory. There are no consequences for the data subject for not providing it.
- The provision of personal data in cases where the processing is necessary for the proper performance of the contract is a condition for the conclusion and performance of the contract for the provision of security or other services between MoistureGuard and the customer.
- Failure to provide data, or a request for its deletion, may result in a restriction or impediment to the provision of services.
- The provision of personal data is mandatory in cases where the processing of personal data is directly required by law. Failure to provide the data may have negative consequences for the data subject.
- Method of processing personal data
MoistureGuard processes personal data largely by automated means and to a lesser extent by other means.