GPS services - производството и продажба на GPS

GDPR » GPS services – производството и продажба на GPS

GDPR

GDPR – General Data Protection Regulation

General Data Protection Regulation in GPS Services as a Controller

General information

The European Union’s General Data Protection Regulation (“GDPR”), coming into effect in 25 May 2018, lays out a new set of rules for how the personal data of people living within the EU should be handled. It sets out the protection of personal data as a guaranteed right for all citizens across EU.

As a personal data processor when offering hosting services, GPS Services Ltd. is compliant with all the requirements of the regulation and meets the high standards “Data privacy by design and by default”. Only the required legal minimum of personal data is gathered, processed and kept secure with the appropriate technical and organisational measures.

Information about the Controller

  1. Name GPS Services Ltd
  2. UIC/BULSTAT :13146641
  3. Seat and registered address: Iztok Residential area, 15 Tintyava Str., Izgrev area, 1113 Sofia
  4. Correspondence address: Vitosha Residential area, 15 Al. Gerov Str., Ovcha Kupel area, 1618 Sofia
  5. Telephone: +359 2 961 50 30,  0800 1GPS1
  6. Email: office@gps-services.com
  7. Personal data processor Certificate № 32189

Information about the Data Protection Officer

  1. Name: Ivanov Miroslav – Manager
  1. Address: Iztok Residential area, 15 Tintyava Str., Izgrev area, 1113 Sofia
  2. Correspondence address: Vitosha Residential area, 15 Al. Gerov Str., Ovcha Kupel area, 1618 Sofia
  3. Telephone: +359 2 961 50 31
  4. Email: mvivanov@gps-services.com

Information about the Supervisory Authority

  1. Name: Commission for Personal Data Protection
  2. Seat and registered address: 2 Prof. Tsvetan Lazarov Blvd., 1592 Sofia
  3. Correspondence address: 2 Prof. Tsvetan Lazarov Blvd., 1592 Sofia
  4. Telephone: 02 915 3 518
  5. Email: kzld@government.bg, kzld@cpdp.bg
  6. Website: www.cpdp.bg

 

 

Grounds for collecting, processing and storing your personal data

Art. 1. (1) GPS Services Ltd. shall collect and process your personal data in relation to the provision of hosting services, registration of domains, usage of virtual or dedicated servers and the conclusion of contracts with the Company on the grounds of Art. 6, Para. 1, Regulation (EU) 2016/679 (GDPR), and in particular on the following grounds:

    • explicit consent provided by you as a customer;
    • fulfillment of the obligations of GPS Services Ltd. under contract with you;
    • compliance with a legal obligation applicable to GPS Services Ltd.;
    • for the purposes of the legitimate interest of GPS Services Ltd..

(2) GPS Services Ltd. shall be a controller regarding your data as the User of our services. With regard to the personal data you process using our services, GPS Services Ltd. shall act as a processor.

Purposes and principles for collecting, processing and storing your personal data

Art. 2. (1) GPS Services Ltd. shall collect and process the personal data you provide to us in connection with the use of our hosting services and for the conclusion of a contract with the Company as well as for subscribing to our events, including for the following purposes:

  • creating a profile for full functionality in providing our services;
  • individualization of a party to this contract;
  • registration of a participant in an event organized by GPS Services Ltd.;
  • accounting purposes;
  • statistical purposes;
  • information security;
  • securing the implementation of this contract for the provision of the respective service;
  • sending information e-mails, announcements about changes in services, and recommendations to improve the use of the platform, new and upgraded subscription plans etc.;
  • improving and personalizing the service by suitable offers, ads, promotional campaigns, events and other products and services that might be of interest to you;
  • provision of technical support via ticketing system or call center;

 (2) GPS Services Ltd. shall comply with the following principles when processing your personal data:

  • lawfulness, fairness and transparency;
  • limitation of the purposes for processing;
  • relevance with processing purposes and minimization of data collection;
  • accuracy and age of the data;
  • limitation of storage for the achievement of the purposes;
  • integrity and confidentiality of processing, and ensuring an adequate level of security for the personal data.

(3) When processing and storing personal data, GPS Services Ltd. may process and store personal data to protect the following legitimate interests of theirs:

  • fulfilling their obligations to the National Revenue Agency, the Ministry of Interior and other governmental or municipal authorities.

What kind of personal data shall GPS Services Ltd. collect, process and store?

Art. 3. (1) GPS Services Ltd. shall perform the following operations with personal data and for the following purposes:

  • Registration of a user on the GPS server and implementation of a contract for the provision of GPS services – the purpose of this operation shall be to create an account that is associated with the service and to allow you to manage the content of the service through the client panel, according to the plan chosen by you. Conclusion of the Impact assessment: Based on the Impact Assessment referred to above, the Data Protection Officer considers that the ‘Conclusion of GPS Service Contract’ operation is eligible and provides sufficient guarantees to protect the rights and legitimate interests of the data subjects in accordance with the requirements of the GDPR.
  • Conclusion and implementation of a commercial transaction with a customer or a partner. The purpose of this operation shall be to conclude and implement a contract with a business partner or customer and the administration thereof.
  • Sending information and notification e-mails. The purpose of this operation shall be to administer the process of sending notification messages to customers about service improvements, system requirements and service expiration, as stated in service contract.

 (2) GPS Services Ltd. shall process the following categories of personal data and information for the following purposes, and for the following reasons:

  • Data: Your personalizing data (name and surname, e-mail, country, phone)
    • Purpose for which data is collected: 1) To register the User. 2) To establish contact with the User and to send information to them, including, when the User has asked, to send newsletters or advertising messages. 3) To create an online store via the Shopiko platform.
    • Grounds for processing your personal data. By accepting the terms and conditions, registering on the website and purchasing a service, a contractual relationship shall be established between GPS Services Ltd. and you, on which basis we shall process your personal data – Art. 6, Para. 1, Item (b) of the GDPR.
  • Additional data provided by you. If you want to update your profile, you can fill in the contact details and the administration contact email.
    • Purpose for which data is collected: Updating the information in the User’s account.
    • Grounds for data processing: By accepting the terms and conditions, registering on the website and purchasing a service, a contractual relationship shall be established between GPS Services Ltd. and you, on which basis we shall process your personal data – Art. 6, Para. 1, Item (b) of the GDPR.
  • Other data that GPS Services Ltd. shall process. When logging in to our website or your account, GPS Services Ltd. shall collect data about the IP address you use.
    • Purpose for which data is collected: Improving security of the service and interface localization, statistical and marketing research.
    • Grounds for data processing: The data processing is necessary for the implementation of the contract by which the data subject is a party – Art. 6, Para. 1, Item (b) of the GDPR. Before the creation of the User’s profile, the IP address shall be collected on the basis of the legitimate interests of the Controller – Art. 6, Para. 1, Item (e) of the GDPR.
  • Your invoice data. If you would like an invoice to be issued to you as a natural person, you should provide us with your personal ID number.
    • Purpose for which data is collected: Issuing an invoice for payments under a contract for the provision of services for the use of the platform for the creation of online stores.
    • Grounds for processing your personal data. By accepting the terms and conditions, registering on the website or signing a written contract, a contractual relationship shall be established between GPS Services Ltd. and you, on which basis we shall process your personal data – Art. 6, Para. 1, Item (b) of the GDPR.
  • Personal data for GPS Services Ltd. blog users: – Your name, e-mail address, website.
    • Purpose for which data is collected: 1) To subscribe the User to receive notifications about blogposts published in GPS Services Ltd. blog. 2) To leave replies under blogposts in GPS Services Ltd. blog.
    • Grounds for processing your personal data. You give your consent on which basis we shall process your personal data – Art. 6, Para. 1, Item (b) of the GDPR.

(3) GPS Services Ltd. shall not collect or process personal data that relates to the following:

  • reveal racial or ethnic origin;
  • reveal political, religious or philosophical beliefs, or trade union membership;
  • genetic and biometric data, health data, or data on sexual life or sexual orientation.

(4) Personal data shall be collected by GPS Services Ltd. from the persons to whom it relates.

(5) The Company shall not perform automated decision making with data.

Personal data storage period

Art. 4. (1) GPS Services Ltd. shall store your personal data for no longer than the duration of existence of your profile in the GPS server. Upon expiry of this period, GPS Services Ltd. shall take reasonable care to erase and destroy all your data without undue delay.

(2) GPS Services Ltd. shall notify you in case the storage period needs to be extended in order to achieve the purposes, the implementation of the contract, in view of the legitimate interests of GPS Services Ltd. or otherwise.

 (3) GPS Services Ltd. shall keep the personal data that they are required to keep under the applicable legislation for the required term, which may exceed the duration of your registration.

Transfer of your personal data for processing

Art. 5. (1) GPS Services Ltd. may, at their sole discretion, transmit all or part of your personal data to personal data processors for the fulfillment of the processing purposes, subject to the requirements of Regulation (EU) 2016/679.

(2) GPS Services Ltd. shall notify you in case of intent to transmit all or part of your personal data to third countries or international organizations.

Your rights when collecting, processing or storing your personal data

Withdrawal of consent to process your personal data

Art. 6. (1) If you do not wish all or any of your personal data to continue to be processed by GPS Services Ltd. for a particular or for any processing purpose, you may, at any time, withdraw your consent to processing by filling in the form in your profile or a request in free text.

(2) GPS Services Ltd. may require you to prove your identity and your identity with the data subject.

(3) Your account shall become inactive if you withdraw your consent for the processing of personal data which is required for creating and maintaining your registration for the use of the services.

Right of access

Art. 7. (1) You shall have the right to request and obtain from GPS Services Ltd. confirmation as to whether or not personal data about you is being processed.

(2) You shall have the right to access the data relating to it as well as the information relating to the collection, processing and storage of your personal data.

(3) GPS Services Ltd. shall provide you, upon request, with a copy of the processed personal data about you, in electronic or other appropriate form.

(4) Providing access to the data shall be free of charge, but GPS Services Ltd. shall reserve the right to impose an administrative fee in the event of recurrence or disproportionate claims.

Right to rectification or filling in

Art. 8. You can rectify or fill in the inaccurate or incomplete personal data about you directly through your website profile or by sending a request to GPS Services Ltd..

Right to erasure (‘right to be forgotten’)

Art. 9.(1) You shall have the right to request from GPS Services Ltd. the erasure of the personal data about you, and GPS Services Ltd. shall have the obligation to erase it without undue delay where one of the following grounds applies:

  • the personal data is no longer necessary in relation to the purposes for which it was collected or otherwise processed;
  • you withdraw your consent on which the data processing is based and where there is no other legal ground for the processing;
  • you object to the processing of the data about you, including for the purposes of the direct marketing, and there are no overriding legitimate grounds;
  • the personal data has been unlawfully processed;
  • the personal data has to be erased for compliance with a legal obligation in the EU or Member State law to which GPS Services Ltd. is subject;
  • the personal data has been collected in relation to the offer of information society services.

(2) GPS Services Ltd. shall not be obliged to erase the personal data, if they store and process the data:

  • for exercising the right of freedom of expression and information;
  • for compliance with a legal obligation which requires processing by the EU or Member State law to which the Controller is subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the Controller;
  • for reasons of public interest in the area of public health;
  • for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes;
  • for the establishment, exercise or defense of legal claims.

(3) In order to exercise your right to be ‘forgotten’, you should submit a request through the option in your profile or a written request sent to GPS Services Ltd. as well as to authenticate your identity and identity with the person to whom the data provided to GPS Services Ltd. relates, by presenting your ID card on the spot for identification purposes and, if necessary, entering your login data for the account of the person to whom the data relates before an employee of GPS Services Ltd..

(4) GPS Services Ltd. shall not erase the data that they have a legal obligation to store, including for protection against claims brought against them or proof of their rights.

Right to restriction

Art. 10. You shall have the right to request from GPS Services Ltd. restriction of processing of data about you where one of the following applies:

  • you contest the accuracy of the personal data, for a period enabling GPS Services Ltd. to verify the accuracy of the personal data;
  • the processing is unlawful, but you oppose the erasure of the personal data and only request the restriction of their use instead;
  • GPS Services Ltd. no longer needs the personal data for the purposes of the processing, but you require them for the establishment, exercise or defense of your legal claims;
  • you have objected to processing, pending the verification whether the legitimate grounds of GPS Services Ltd. override those of yours.

Right to data portability

Art. 11. (1) You may, at any time, download, directly through your profile or by email request, the data about you that are stored and processed in connection with the use of GPS Services Ltd. services.

(2) You can request GPS Services Ltd. to transmit your personal data directly to another controller, chosen by you, where technically feasible.

Right to receive information

Art. 12. You may request from GPS Services Ltd. to inform you of all recipients to whom personal data has been disclosed for which rectification, erasure or limitation of the processing has been requested. GPS Services Ltd. may refuse to provide this information if this would not be possible or would require disproportionate effort.

Right to object

Art. 13. You shall have the right to object, on grounds relating to your particular situation, at any time, to processing of personal data about you, by GPS Services Ltd. including profiling or direct marketing.

Your rights upon personal data security breach

Art. 14. (1) If GPS Services Ltd. become aware of a breach in your personal data that is likely to result in a risk to your rights and freedoms, we shall, without undue delay, notify you about this breach and about the measures that have been undertaken or are to be undertaken.

(2) GPS Services Ltd. shall not be obliged to notify you if:

  • they have implemented appropriate technical and organizational protection measures, and those measures were applied to the personal data affected by the personal data breach;
  • they have taken subsequent measures which ensure that the high risk to your rights and freedoms is no longer likely to materialize;
  • the notification would involve disproportionate effort.

Persons provided with your personal data

 

Other provisions

Art. 15. In case of violation of your rights under the above or applicable data protection laws, you shall have the right to file a complaint with the Commission for Personal Data Protection as follows:

  1. Name: Commission for Personal Data Protection
  2. Seat and registered address: 2 Prof. Tsvetan Lazarov Blvd., 1592 Sofia
  3. Correspondence address: 2 Prof. Tsvetan Lazarov Blvd., 1592 Sofia
  4. Telephone: 02 915 3 518
  5. Email: kzld@government.bg, kzld@cpdp.bg
  6. Website: www.cpdp.bg

Art. 16. You may exercise all of your rights to protect your personal data through the forms enclosed with this information. Of course, these forms shall not be mandatory and you can make your claims in any form that contains a statement about it and identifies you as the data holder.

Art. 17(1). When assigning GPS Services Ltd. to process personal data to a third party for the purposes of using the service, GPS Services Ltd. shall act in their capacity of a personal data processor.

(2). In the cases under Para. 1, GPS Services Ltd. shall act only on your instruction as the User of the service and only as long as they may have control over the personal data you are processing. GPS Services Ltd. shall have no control over the content and data that you as a service user choose to be uploaded to the service (including whether or not this data includes personal data). In this case, GPS Services Ltd. shall have no role in the decision-making process whether the User uses the data processing service, for what purposes and whether it is protected. Accordingly, the responsibility of GPS Services Ltd. in this case shall be limited to 1) complying with the instructions of the User of the service, pursuant to the contract and the general terms and conditions, and 2) providing information about the service and functionalities through their interface.