Privacy policy

KOUD foundation, o. z., with its registered office at Zochova 754/6-8, 811 03 Bratislava – Staré Mesto, Slovak Republic, ID No.: 51901277 (the “KOUD” or the “Data controller”) hereby provides information about the manner and scope of personal data processing including the rights relating to personal data processing.

Privacy and data security are KOUD’s priority. Personal data processing is regarded as strictly confidential and personal data are treated in accordance with data protection laws in force and effect, in particular the General Data Protection Regulation EU 2016/679.

KOUD as a data controller collects, stores and uses (and otherwise processes) personal data relating in particular to the following data subjects:

  • users (the “User”) of the KOUD application (the “Application”);
  • persons related to the User or a potential user; or
  • visitors of the web pages [•]

(hereinafter jointly referred to as the “Data Subject”).

The respective purposes for which personal data is processed are defined more precisely below.

PURPOSES OF DATA PROCESSING

KOUD is authorised to process personal data for the following purposes:

  • Performance of a contract and the provision of our services, in particular to enable the User to use the Application, to scan purchased products in order to enable the User to receive remuneration in KOUD tokens and to transfer KOUD tokens into the User’s cryptocurrency wallet; to enable manufacturers to detect counterfeited goods and to have an overview of the movement or location of particular products etc.;
  • Legal compliance – complying with obligations imposed on KOUD by generally applicable legal regulations (such as Act No. 297/2008 Coll. on the prevention of legalization of proceeds of criminal activity and terrorist financing etc.); legal compliance means also the provision of information to law enforcement agencies or, as applicable, other public authorities in accordance with the relevant legal regulations;
  • Data controller’s legitimate interest – we process your personal data, inter alia, for the following purposes
    • to identify you as an individual or entity or in some cases perform our “know your client” procedures and checks;
    • to maintain and improve our services;
    • to enable you to report discrepancy between scanned products and the data of the scanned products contained in the Application;
    • to measure performance;
    • to communicate with you about products, services, offers, promotions and provide other news and information we think will be of your interest;
    • to prevent or detect fraud;
    • to send you OS or Application updates and installation notifications;
    • to synchronise, share, and store the personal data you have provided.
  • Protection of the vital interests of the User or of another natural person, such as consumer protection;
  • Sending commercial communications and approaching the User with other commercial offers – offering KOUD’s or third-party products and services.

PERSONAL DATA PROCESSED

KOUD may process the following personal data for the following purposes:

Data subject’s personal dataPurposes of processing:
E-mail addressPerformance of a contract and the provision of our services; Data controller’s legitimate interest; Sending commercial communications and approaching the User with other commercial offers
Identification and contact details (in particular name, surname; address; phone no.)Performance of a contract and the provision of our services; Legal compliance; Data controller’s legitimate interest; Protection of the vital interests of the User or of another natural person; Sending commercial communications and approaching the User with other commercial offers
Information contained in your Facebook / Google account (in accordance with Facebook / Google privacy settings), such as your interests, gender, nationality, birthday, education, current city of residence, photographs and videos, personal description, a list of friends and information and photos of your friends who can be friends on Facebook with other KOUD usersPerformance of a contract and the provision of our services; Data controller’s legitimate interest
Details on the User’s cryptocurrency wallet, including Ethereum address, other blockchain addressPerformance of a contract and the provision of our services; Data controller’s legitimate interest
Geolocation dataPerformance of a contract and the provision of our services; Data controller’s legitimate interest
Device and application information, such as the device name, device identification code (IMEI, ESN, MEID, and SN), device activation time, hardware model, OS version, application version, software identification code, and device and application settings (such as region, language, time zone, and font size)Performance of a contract and the provision of our services; Data controller’s legitimate interest
Mobile network information, such as the public land mobile network (PLMN) provider ID and Internet Protocol (IP) addressPerformance of a contract and the provision of our services; Data controller’s legitimate interest

KOUD is authorised to process an e-mail address pursuant to Section 62 (3) of Act no. 351/2011 Coll., on  Electronic Communications and on amendments to certain laws, for the purposes of distributing commercial communications concerning products or services of third parties and/or its own products or services, if the User initially did not refuse such distribution.

We will collect, use, and process the approximate or precise location of your device upon your consent. Geolocation data can be obtained based on the GPS, WLAN, and service provider network ID. You are free to choose if you want to enable gathering of geolocation data. Please note that simply by installation of the applications on your devices, geolocation data are not gathered from you. Geolocation data are gathered solely on your decision to enable collection of geolocation data in the settings menu of the installed application. In the same settings menu of the installed application, you can disable the location permissions to reject sharing your geolocation data.

We do not intend to process special categories of data, such as personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or a natural person’s sex life or sexual orientation, unless the individual has given explicit consent to the processing of such data.

MANNER OF PERSONAL DATA PROCESSING

KOUD processes personal data both manually and by automated means. The processing of personal data by automated means takes place in particular for the purposes of performance of a contract and the provision of our services and for KOUD’s legitimate interest. The processing of personal data by automated means also occurs when your consent to the processing of personal data for personalized marketing communications has been granted by you; in these cases, profiling may also occur.

PERSONAL DATA RECIPIENTS

Personal data is disclosed only to KOUD’s authorised employees, the respective KOUD’s data processors engaged by KOUD under relevant contracts, or to other controllers as applicable, but in any case within the scope necessary to achieve the purposes of the processing and on the basis of the relevant legal title for the processing of the personal data.

The categories of KOUD’s personal data recipients are as follows:

  • manufacturers of products purchased by the Users;
  • IT services providers; hosting providers; cloud services providers;
  • Social media services providers;
  • [•]

DATA RETENTION PERIOD

KOUD will process and retain your personal data for a period of time necessary to safeguard all the rights and obligations resulting from the relevant contract, and thereafter for a period for which KOUD, as data controller, is required to retain personal data under applicable laws, or for which you have granted to KOUD your consent with such processing. In other cases, the period of processing is based on, and must be proportionate to, the purpose of the processing, or is stipulated by applicable data protection laws.

We process personal data, based on the purpose of their processing, for the periods specified below:

Purpose of processingRetention period
Performance of a contract and the provision of our servicesFor the period of 1 year from the moment of uninstalling or deletion of the Application or, as applicable, for as long as KOUD has claims against the User of the Application
Legal complianceFor the period stipulated by applicable legal regulation
Data controller’s legitimate interestFor the period of 1 year from the moment of uninstalling or deletion of the Application or, as applicable, for as long as KOUD has claims against the User of the Application
Protection of the vital interests of the User or of another natural personFor the period of 1 year from the moment of uninstalling or deletion of the Application
Sending commercial communications and approaching the User with other commercial offersFor as long as consent is granted to sending of commercial communications or, as applicable, until withdrawal of the consent for the processing or, as applicable, in accordance with applicable legislation or, as applicable, from the moment of uninstalling or deletion of the Application

 

PROCESSING OF PERSONAL DATA BASED ON CONSENT

The following is processed based on consent

  • geolocation data;
  • personal data comprising name, surname and e-mail address processed for the purpose of offering services of KOUD or products or services of third parties via electronic means (e-mail);

The Data Subject acknowledges that the consent is granted voluntarily and that it can be withdrawn in writing at any time via e-mail at [•].

The consent to receive commercial communication is given until its withdrawal.

The consent to process geolocation data is given until the moment of uninstalling or deletion of the Application or until its withdrawal.

The refusal to give consent by the User has no impact on the possibility to enter into the Agreement.

AGE LIMIT

The services are not intended or directed at individuals under the age of 18. We do not knowingly collect personal information from individuals under 18 (the “Age Limit”). If you are under the Age Limit, please do not use the services and do not provide any personal information to us.

DATA SUBJECTS’ RIGHTS

You, as a data subject, have rights in connection with the processing of personal data, which result from applicable laws and which you may exercise at any time. These involve the right (i) of access to personal data, (ii) to rectification of inaccurate personal data and to have incomplete personal data completed, (iii) to erasure of personal data where the personal data is no longer necessary in relation to the purposes for which they are collected or otherwise processed or if personal data is found to have been unlawfully processed, (iv) to restriction of processing, (v) to data portability, (vi) to object, after which the personal data processing will be terminated unless there are demonstrated compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, namely where the grounds lie in the enforcement of legal claims, and (vii) the right to refer to the Office for Personal Data Protection (www.uoou.sk).

  • Right of access to personal data: if you wish to know whether KOUD processes personal data you have the right to be informed whether your personal data are being processed and if they are, you have the right to access to your personal data. In the event of unfounded, excessive or recurring requests, KOUD is entitled to charge a reasonable fee for making a copy of provided personal data or to refuse to act on the request (this analogically applies to the exercise of the below mentioned rights).
  • Right to rectification of inaccurate data and to have incomplete personal data completed: if you feel that your personal data processed by KOUD are inaccurate or incomplete, you have the right to request their rectification and/or completion. KOUD will rectify or complete the data without undue delay, taking into account technological capacities.
  • Right to erasure: should you request so, KOUD will erase your personal data provided (i) it is no longer necessary in relation to the purposes for which it is collected or otherwise processed, (ii) the personal data have been unlawfully processed, (iii) you object to the processing and there are no overriding legitimate grounds for the processing of your personal data, or (iv) KOUD is obliged by law to delete them.
  • Right to restriction of personal data processing: if you request restriction of processing, KOUD will make personal data unavailable or will temporarily remove or store them, or will perform any other processing activities as may be necessary for the proper exercise of that right.
  • Right to data portability: if you want KOUD to transfer data processed to a third party, you may assert your right to data portability. If other persons’ rights and freedoms were adversely affected by the exercise of this right, KOUD will not be able to accommodate your request.
  • Right to object: The right to object to the processing of personal data for the performance of a task carried out in the public interest or in the exercise of official authority, or for protection of the KOUD’ legitimate interests. Unless KOUD demonstrates that compelling legitimate grounds for the processing exist which override the interests, rights and freedoms of the data subject, the processing will be discontinued without undue delay.

In the event of recurring or manifestly unfounded requests to enforce the above rights, KOUD will be entitled to charge a reasonable fee for the enforcement of the right or will refuse to act on it. You will be notified accordingly.

Further information in relation to the personal data processing will be provided at [•]. A Data Subject asserting his/her rights may send his/her request in writing via e-mail at [•]. KOUD reserves its right to adequately verify the identity of the data subject asserting the above rights.

CHANGES TO THE PRIVACY POLICY

We may change this Privacy Policy from time to time. When we make material changes, we will provide you with prominent notice as appropriate under the circumstances, e.g., by displaying a prominent notice within the Application or by sending you an email. We encourage you to review the Privacy Policy whenever you access or use the Application or otherwise interact with us in order to help to protect your privacy. If you continue to use the services after Privacy Policy changes go into effect, you consent to the revised Privacy Policy.

Last updated: 2018

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