Privacy and Cookie Notice and Terms of Use

Last updated: 29 May 2020

A detailed overview of MyQ Data Processors can be found here, a detailed list of Tof companies forming the MyQ Group here.

 

Introduction

The website www.myq-solution.com, community.myq-solution.com and any other website referring to this Notice (the “website”) is operated by and the controller of the personal data is MyQ, spol. s r.o., Id.-No.: 61506133, with its registered office at Českomoravská 2420/15, Libeň, 190 00 Praha 9, registered in the Commercial Register maintained by the Municipal Court in Prague under C 29842 (“MyQ” or “we”).

MyQ respects the privacy of all visitors to its website and takes care to protect their private and personal life. We have committed to implement appropriate measures to ensure the protection, integrity and security of personal data obtained from you as the data subjects. Processing of your personal data is carried out in accordance with generally applicable legislation, particularly the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of Personal Data and on the free movement of such data, and repealing Directive 95/46/EC (the “GDPR”).

The purpose of this Privacy and Cookie Notice and Terms of Use (the “Notice”) is to inform you how we process your personal data and about the terms of use of our website. In this Notice, you will also find the information about your rights related to the personal data processing and rights of the company MyQ related to website. Read this Notice before using the website.

By using our website, you accept the terms stated in this Notice and you agree to observe them. By providing your personal data to us, you accept this Notice and acknowledge that we may process your personal data as described herein and for the below-mentioned purposes. If you do not agree to this Notice, please do not provide any personal details to us and do not use our website.

This Notice covers the following areas:

• What are personal data
• What kind of personal data we collect and how we use them
• Social networks and other applications widgets
• Disclosures and recipients of your personal data
• Are your personal data transferred outside the EEA?
• Data protection and retention period
• Your rights
• Cookie Policy
• Links to third party websites
• Legal disclaimer
• Publishing content on our website
• Intellectual property
• Changing the Notice
• Contacting us

What are personal data

Personal data means any information relating to an identified or identifiable natural person (data subject), such as name, date of birth, e-mail address, telephone number etc.

What kind of personal data we collect and how we use them

We only collect personal data voluntarily provided or obtained via our website or via our communication in writing, by phone or in other form. We process only personal data that are relevant, adequate and limited to the scope necessary with regard to the purpose of the processing. We exert reasonable efforts to ensure that your personal data are accurate, complete and, where necessary, up to date.

Collected personal data may include:

• your identification information (e.g. first name, last name)
• your contact information (e.g. contact address, e-mail and telephone number)
• electronic information (e.g. IP address, cookies)
• biographical information (e.g. information on previous employment, education details)
• further information provided by you or obtained by us when providing agreed services.

We process your personal data for the following purposes (with respect to each purpose, we also note the legal basis of such processing):

Purpose	Legal basis for processing
Negotiating the contract with you as a potential customer	Article 6 paragraph 1 letter b) GDPR and Article 6 paragraph 1 letter f) GDPR
Performing the contract concluded with you	Article 6 paragraph 1 letter b) GDPR
Replying to your questions and queries	Article 6 paragraph 1 letter b) GDPR and Article 6 paragraph 1 letter f) GDPR
Complying with our legal obligations under generally applicable legislation (e.g. the obligation to keep accounting and tax documents)	Article 6 paragraph 1 letter c) GDPR
Protecting rights, legitimate interests and property of MyQ	Article 6 paragraph 1 letter f) GDPR
Direct marketing, in particular providing you with our newsletters and service offers	Article 6 paragraph 1 letter f) GDPR, alternatively Article 6 paragraph 1 letter a) GDPR
Employees recruitment (assessing your job application provided via our Career section on our website and contacting you via phone or e-mail)	Article 6 paragraph 1 letter b) GDPR and Article 6 paragraph 1 letter f) GDPR
If you have consented to our use of your personal data, we will process your personal data for the purposes stated in such consent. Your consent is fully voluntary and your refusal to grant it will not have any adverse consequences	Article 6 paragraph 1 letter a) GDPR
Measuring the number of visits to our website, assessing the use of our website and improving its content	Article 6 paragraph 1 letter f) GDPR

 

Providing personal data processed to comply with our legal obligations under the generally applicable legislation is a statutory requirement and you are obliged to provide such information to us. Without such data, we cannot meet our obligations under generally applicable legislation.

Providing us with information processed to perform the contract and to protect our rights, legitimate interests and property is a contractual requirement. Providing us with such data is fully voluntary. However, without such data, the contract between you and us cannot be concluded or fulfilled and we may not be able to deliver the requested service (at all or in the required quality). With respect to consent based processing, you are entitled to refuse or withdraw your consent at any time without any detrimental impact on any contract you may have with us.

We will not sell or lease your personal data to any third party.

More information about the processing of applicant’s personal data for the recruitment process is available here.

Social networks and other applications widgets

We may use social networks widgets and other applications widgets at our website (such as Medium, Facebook, Twitter, YouTube, Instagram or LinkedIn). These applications may collect and use information about you and your use of our website. Any information provided by you via these applications may be processed by their providers. Such processing is governed by policies of the respective provider. MyQ has no control over or responsibility for the scope, means and purpose of data processing carried out by such providers.

Disclosures and recipients of your personal data

We will disclose your personal data only to legitimate recipients in compliance with applicable legislation.

We are entitled to disclose your personal data to the respective state bodies and authorities and other recipients to whom we are obliged to transfer personal data under the generally applicable legislation. These recipients will process your personal data as independent controllers.

We are also entitled to disclose your personal data to our data processors (e.g. third party service providers engaged by us). These processors act solely on our instructions, have limited access to your personal data, and are bound by the same level of security and confidentiality as we are. Upon request, we will provide you with information on processors engaged in processing of your personal data.

Based on MyQ legitimate interest your personal data may be shared within MyQ group for internal administrative purposes. For more information about the MyQ group members, who may participate in processing of your personal data, see here. The list of MyQ group members may change and differ in time.

Are your personal data transferred outside the EEA?

Some recipients of your personal data may reside or processes data in countries outside the European Economic Area (EEA). Some of these countries outside the EEA have been approved by the European Commission as providing essentially equivalent protections to EU data protection laws and therefore no additional safeguards are required to export personal information to such jurisdictions.

In case of countries that have not been approved by the European Commission, we will ensure that the recipient of your personal data adopts sufficient guarantees when processing your personal data (e.g. by concluding so-called standard contractual clauses with the recipient). The above does not apply if we are permitted under applicable law to make data transfers without such guarantees.

Data protection and retention period

We employ strict physical, electronic, and administrative security measures to protect your data from unlawful or unauthorized access, processing, loss, destruction and damage both on-line and off-line.

We will process your data for no longer than is necessary for the purpose of their processing. We use the following criteria to determine the processing period:

• Personal data processed to comply with our legal obligations will be processed for the duration of such legal obligation.
• Personal data processed to perform a contract (or in order to take steps at your request prior to entering into a contract) will be processed until the termination of all obligations under the respective contract.
• Personal data processed to protect our rights, legitimate interests and property will be processed for the duration of our legitimate interest. In order to protect our rights we will, for example, process your personal data even after the termination of all contractual obligations. Such processing will last for 5 calendar years following the termination of the contractual obligations. In case of judicial, administrative or other proceedings dealing with our mutual rights and / or obligations, the processing of personal data will never end before the termination of such proceedings.
• Personal data processed for the purpose of recruitment process will be processed for the duration of the recruitment process. If your application is not successful, we will continue processing your personal data only with your consent and to inform you about any future job opportunities at MyQ. The legal basis for such processing will be Article 6 paragraph 1 letter a) GDPR. Unless we determine a shorter processing period, we will process your personal data for the above purposes until you withdraw your consent (for more information see here).
• Unless we determine a shorter processing period, consent based processing will end when you withdraw your consent.

Your rights

With respect to processing of your personal data, you have the below mentioned rights. However, please note that exceptions may apply to the exercise of such rights and, therefore, you may not be able to exercise them in all situations. If you legitimately exercise your rights, we will take the required action without undue delay and within one month at the latest (this period may be extended for another two months in justified cases).

·     Right to be informed	You have a right to be informed in a concise, transparent, intelligible and easily accessible form about how your personal data are processed.
·     Right of access	You have a right to obtain confirmation as to whether or not personal data concerning you are being processed, and, where that is the case, you have the right to access such personal data (including related information) and obtain a copy thereof.
·     Right to rectification	You can ask us to rectify inaccurate personal data. You can also ask us to complete incomplete personal data, including by means of providing a supplementary statement.
·     Right to erasure	Under circumstances set forth in Article 17 of the GDPR, you can ask us to erase your personal data. However, please note that in some cases this right cannot be exercised and we will continue processing your personal data.
·     Right to restriction of processing	In certain cases, you can ask us to restrict the processing (for example until your objection is solved).
·     Right to data portability	You can ask us to transfer to you or a third party personal data processed (a) electronically and (b) based on a contract or your consent.
·     Right to withdraw consent	At any time you may withdraw your consent to personal data processing. Such withdrawal will prevent further processing for the purpose stated in the respective consent. Please note that withdrawal of your consent will not affect the lawfulness of any prior processing.
·     Right to object	If we process your personal data based on our legitimate interests, you have a right to raise an objection against such processing. However, we can demonstrate compelling legitimate grounds for the processing on our side. If your personal data are processed for direct marketing purposes, you have the right to object any time to processing of your personal data for such marketing. If you object to processing for direct marketing purposes, your personal data will no longer be processed for such purposes.
·     Right to apply for a remedy and right to lodge a complaint	If you assume that processing of your personal data is in breach with legal regulation, please contact us and we will immediately remedy the situation. This is without prejudice to your right to lodge a complaint directly with the Office for Personal Data Protection.

Cookie Policy

Our website uses cookies to constantly improve our services. A cookie is a small file that is stored on your browser or hard drive of your computer. Cookies help your computer to remember visited sites and your preferences (e.g. preferred language). They make the website more user-friendly and improve your experience and therefore are useful for you. We use cookies to analyze visits to our website, to improve our website’s content and to improve our services. The cookies used do not identify individual users of our website.

If you do not consent to the use of cookies on our website, you have the ability to accept or decline cookies by modifying your browser’s settings. For more detailed information, please use your browser’s help. However, if you disable cookies, you may not be able to use all features of our website.

Cookies settings

We use the following cookies on our website:

Provider

Google Analytics

Purpose

These cookies collect information about the use of our website. We use the information to compile reports and to help us improve the website. These cookies collect information in an anonymous form. Collected information includes number of visitors and visited web pages (both previously and on our website). Please read the Google Privacy Policy or Google Analytics Terms of Service for more information.

 

Provider	SalesForce Pardot
Purpose	Pardot tracks visitor and potential customer activities on our website and landing pages by setting cookies on browsers. Cookies are set to remember preferences (like form field values) when a visitor returns to our website. Pardot also sets a cookie for logged-in users to maintain the session and remember table filters.

Links to third party websites

Our website may contain links to other websites which are not under our control or covered by this Notice. If you access other sites using the links provided, the operators of these sites may collect information from you and use it in accordance with their policies. We do not accept any responsibility or liability for such policies or processing of your personal data carried out by third party operators. We encourage you to read their privacy and cookie notices and terms and conditions before submitting any personal data.

Legal disclaimer

To the best of our capacities, we will endeavor to ensure the accuracy and validity of the information published on the website. However, we cannot fully guarantee the accuracy, precision, or exhaustiveness of such information. We reserve the right to modify the website’s content at any time without prior notice.

We employ reasonable measures to protect against viruses and other harmful components. Nevertheless, the nature of the internet is such that it is impossible to guarantee uninterrupted and risk-free access to our website.

Consequently, we accept no liability:

• for any inaccurate or missing information on the website;
• for any disruption of the website or occurrence of bugs;
• for any damage resulting from the fraudulent intrusion of a third party that modified information published on the website;
• generally, for any direct and indirect damage, that may arise due to (i) the access to the website, or (ii) the inability of accessing the website.

The user acknowledges this disclaimer and the fact that he/ she uses the website on his/her own responsibility.

Publishing content on our website

Parts of our website allow you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (hereinafter the “Published content”). You are responsible for the Published content that you post to our website, including its legality, reliability, and appropriateness.

‍By posting Published content, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Published content on and through the website. You agree that this license includes the right for us to make your Published content available to other users of the website, who may also use your Published content.

You retain any and all of your rights to any Published content you submit, post or display on or through the website and you are responsible for protecting those rights.

We reserve the right to modify or remove any Published content, in particular if the Published content is unlawful or inappropriate. We may ask you to demonstrate that your Published content does not violate this Notice or any of the applicable legislation.

You acknowledge and agree that all Published content provided by you will be publicly available information and you bear the risks involved with the public disclosure thereof.

Intellectual property

The website and all its content consisting of texts, images, graphics, sounds, animation and videos, including trademarks and brands, as well as the layout of the website are the exclusive property of MyQ (or have been used with permission of the respective owner) and are protected by the intellectual property law, in particular by the Act No. 121/2000 Coll., on Copyright and Related Rights and on Amendment to Certain Acts (the Copyright Act), as amended.

Any use, exploitation or utilization of the website and its contents without our prior written consent is prohibited, except for its reasonable use solely for personal use, the purpose of which is not to obtain a direct or indirect economic or profitable benefit.

MyQ Whistleblowing System

MyQ Internal Whistleblowing System (Whistleblowing) Within the framework of the internal whistleblowing system, it is possible to report a possible violation of Act No. 171/2023 Coll. on the Protection of Whistleblowers, or a violation of another legal regulation or a regulation of the European Union in the areas listed in the Act on the Protection of Whistleblowers.

Contact: [email protected]

Changing the Notice

We reserve the right to amend or supplement this Notice. We recommend you to check this Notice regularly to be informed of any future changes. Our website will always contain up to date version of this Notice.

Contacting us

If you have any comments relating to this Notice or to your rights related to the data processing, please contact us using the following e-mail address: [email protected].