Privacy Policy

This privacy policy („Privacy Policy„) describes the manner of collecting, retaining and other processing of personal data by MobileSoft s.r.o., a company with its registered office at Českoskalická 650, 549 41 Červený Kostelec, identification no.: 025 73 857, registered in the Commercial Register administered by the Regional Court in Hradec Králové, section C, file 33165 („Operator„), in connection with the use of Pivovary (CZ/SK)
application and service („Application„) and the website www.brewee.app („Web Interface„), the purpose of which is the evaluation of gastronomic facilities – breweries – by the Users („Service„).

This Privacy Policy supplements and is incorporated by reference in the Conditions of Use of Brewee Service („Conditions„). The definitions/capitalized terms specified in the Conditions have the same meaning herein.

The protection of privacy and personal data processing is a priority for the Operator and the processing of personal data is regarded as strictly confidential. Personal data are treated in compliance with the valid and effective laws and regulations in the field of personal data protection, including the General Data Protection Regulation EU 2016/679 („Regulation„).

The Operator may change this Privacy Policy at any time with immediate effect. We will inform you of such changes. Should this Privacy Policy be changed in a manner that requires your consent, we will request your consent again.

The latest version hereof is available in the footer of the Web Interface and through a link in the relevant section of the Application.

  1. General information

Under the Regulation, the Operator is the controller of your personal data, i.e. the Operator collects, stores and uses (and otherwise processes) your personal data in connection with its business activities (the individual purposes for which the personal data are processed are specified below).

Without your consent we may only process such personal data that are necessary for the performance of the contract (i.e. the provision of the Service) and other contracts we may make with you or for the purpose of meeting our legal obligations, and/or for the purpose of legitimate interests. In other situations we process your personal data only if you give us your consent to the processing of your personal data.

Personal data are processed by us both manually and by automated means. Personal data are processed by automated means for the purpose of performance of a contract (the provision of the Service), in particular to secure internal procedures of the Operator and its contractual partners that are necessary for the provision of the Service.

This Privacy Policy describes the purposes of personal data processing and the manners of processing, it provides information regarding individual categories of personal data to be processed, individual recipients of personal data, the storage period of personal data and your rights regarding the protection of personal data.

  1. Purposes of personal data processing

Your personal data may be processed by the Operator for the following purposes:

  • Performance of a contract with the User (fulfilment of mutual contractual relationship based on which the Service is provided to the User);
  • Performance of a contract with the Brewery (in particular pre-contractual negotiations and fulfilment of contracts between the Brewery and the Operator);
  • Fulfilment of legal obligations;
  • Protection of the controller’s legitimate interest (protection of the rights and legally protected interests of the Operator, e.g. creating statistics in regard to the behaviour of the Users of the Service);
  • Distributing commercial communications and offering of services and goods (the Operator may send you commercial communications regarding the Service and regarding goods and services of the individual Breweries listed in the Service via e-mail, text message/MMS or push notifications);
  • Dealing with requests of the Users (e.g. using the possibility to contact the Operator through the Application).
  1. Types of personal data processed
  • Categories of personal data

In connection with your activity and depending on the content thereof, the following personal data may be processed in the course of the provision of the Service:

Data subjects data Purposes of processing:
Name and surname Performance of a contract with the User; performance of a contract with the Brewery; fulfilment of legal obligations; protection of the controller’s legitimate interest; distributing commercial communications and offering of services and goods; dealing with requests of the Users
Contact address Performance of a contract with the Brewery; fulfilment of legal obligations; protection of the controller’s legitimate interest
ID No.; Tax ID No. Performance of a contract with the Brewery; fulfilment of legal obligations; protection of the controller’s legitimate interest
E-mail Performance of a contract with the User; performance of a contract with the Brewery; fulfilment of legal obligations; protection of the controller’s legitimate interest; distributing commercial communications and offering of services and goods; dealing with requests of the Users
Telephone No. Performance of a contract with the User; performance of a contract with the Brewery; distributing commercial communications and offering of services and goods
Login (name or nickname) Performance of a contract with the User; protection of a legitimate interest of the controller
Password Performance of a contract with the User; protection of a legitimate interest of the controller
State Performance of a contract with the User; protection of a legitimate interest of the controller
Operational and localization data Performance of a contract with the User; fulfilment of legal obligations; protection of the controller’s legitimate interest; distributing commercial communications and offering of services and goods; dealing with requests of the Users
Profile data / content uploaded or provided by the User or the Brewery Performance of a contract with the User; performance of a contract with the Brewery; fulfilment of legal obligations; protection of the controller’s legitimate interest; distributing commercial communications and offering of services and goods; dealing with requests of the Users
  • Cookies

Besides the personal data specified above, the Web Interface may use cookies for the purpose of User identification, to remember language preferences and make navigation easier.

Cookies are small text files stored in your computer or your mobile device by the website when you start using the Web Interface. Cookies may be disabled in your browser or on your mobile device, however, certain sections of the Web Interface may not function correctly. For the conditions of use of cookies by third parties, specifically by Google, click here.

Besides the cookies, we process the IP address and the record of selections in the Web Interface, namely for the purpose of contract performance or for the protection of the legitimate interest of the controller (see clause 4 of the Privace Policy).

  1. Means of personal data processing

Through registration we collect personal data via the form in the Application or Web Interface. The Operator thus gets access to your e-mail, login (name or nickname), password and country. It is not possible to complete the registration (or create a Profile) without processing these personal data. Despite these you may also fill in anytime voluntary information: [●]. We also process personal data in the form of a profile photo or other content uploaded or provided by
you.

Notwithstanding whether you register or not, we process your operational and localization data when you use the Service.

By giving us the data, you are aware of the fact that they will be processed, or, if it is stated, you give your consent to the processing. You can withdraw your consent to the processing of personal data at any time. If so, we will no longer process your personal data unless there is a legal ground for their processing.

Your data may be changed or deleted in the setting of your Profile.

If you decide to contact us via the tools located or referred to in the Application or the Web Interface or in any other way made available by the Operator, the information you have previously stated in the Service may be used.

When you use the Service, the Operator’s servers or the servers of the processors automatically recognize the IP address of your device (it is a number by which each device connected to the Internet is identified) or other identifiers.

We also process statistical anonymized information in order to find out in what manner the Users or the visitors use the Website.

You may refuse the processing of your personal data for the purpose of sending business communications at any time and will not affect our other relationships. All you have to do is refuse to send other messages by clicking on the link located in the footer of the sent business message or you can send us an e-mail with the appropriate request at info@mobilesoft.eu.

You may refuse the processing of your personal data for the purpose of sending commercial communications at any time and this will not affect our other mutual relationships. All you have to do is to refuse sending other messages by clicking on the link located in the footer of the sent commercial communication or you can send us an e-mail with the appropriate request at info@mobilesoft.eu.

  1. Processing of personal data on the basis of consent

If you give us consent to the processing of personal data for the purpose of sending personalized marketing communications (in these cases, profiling may also occur) or for the purpose of addressing offers of services and products of the Operator and individual Breweries listed in the Application, via e-mail, SMS / MMS or push notifications, you acknowledge that granting of this consent is voluntary and that consent may be withdrawn at any time via a link provided in
the
message with the commercial communication. Consent is provided until revoked. Failure to give consent does not affect the provision of the Service.

  1. Recipients of data

We disclose your personal data only to authorized employees or to individual processors of personal data contracted by the Operator, or to other controllers. However, we always disclose your data only to the extent necessary to fulfill the individual purposes of the processing, and on the basis of an appropriate legal title for the processing of personal data. The categories of recipients of personal data are as follows:

  • Breweries;
  • Public authorities;
  • Web service providers and IT solutions;
  • [●].

We will be glad to provide you with a list of recipients of personal data by e-mail upon request at: info@mobilesoft.eu.

Personal data may also be transferred to entities established in countries that do not provide an adequate level of protection within the meaning of the Regulation. In such cases, the Operator concludes with the recipients standard contractual clauses approved by the European Commission to ensure an adequate level of personal data protection.

Under certain conditions, we are entitled, or even obliged, to transfer certain personal data on the basis of applicable and effective legislation, for example to law enforcement authorities or other public authorities.

  1. Personal data of third parties

Personal data of third parties, which means personal data of employees of customers or other business partners of the Operator and other natural persons participating in cooperation with the Operator, or other data received by the Operator from the business partner in connection with the conclusion or performance of a contract will be processed in accordance with applicable and effective data protection laws. The Operator will use this personal data to perform
contracts
with business partners. The business partner hereby acknowledges that the Operator will process personal data of third parties for the duration of the contractual relationship and for the period stipulated by special legal regulations, if there are any. Personal data of third parties will then be kept for a longer period of time if there is a need to keep such data on the basis of a particular case. The Business Partner is obliged to duly inform its employees,
customers
and other natural persons involved in the business partner’s cooperation on the processing of personal data by the Operator.

  1. Personal data retention period

 

Purpose of the processing Retention period
Performance of a contract with the User For the duration of registration of the User in the Service
Performance of a contract with the Brewery For the duration of the contract and further 10 years from the termination of the contractual relationship
Fulfilment of legal obligations For the period prescribed by applicable legal regulation
Protection of the controller’s legitimate interest Up to a maximum of 3 years from the start of processing of personal data, unless otherwise provided for by specific legal regulation, and unless there is no justified need to keep data for a longer period in a particular case
Distributing commercial communications and offering of services and goods For as long as consent is granted or, as applicable, until withdrawal of the consent to the processing
Dealing with requests of the Users For the duration of registration of the User in the Service
  1. Security and confidential nature of personal data

Personal data will be secured in such a way and using such technical and organizational means that a complete protection of personal data is provided in accordance with the Regulation and the applicable regulations governing personal data protection.

In view of the technologies, in particular those that are generally used in the telecommunication networks, the Operator is unable to guarantee the confidentiality of emails you send to or receive from the Operator or verify whether they are genuine.

Personal data are processed electronically by automated means or in printed form manually by authorized employees of the Operator and the employees of authorized processors.

Personal data are stored on secured servers in appropriate IT systems. The Operator adopted adequate technical and organizational measures to prevent any loss or destruction of personal data, any access to the data by unauthorised persons, any changes or disclosure thereof.

Your Profile may be accessed only with a personal password. It is necessary to refrain from disclosing your login data to third parties. The Operator does not assume any liability for a misuse of the passwords used.

  1. Rights of the data subjects

In connection with personal data processing, you have the rights specified below, under the conditions of articles 15 to 21 of the Regulation, that you may exercise at any time:

They include the right: (i) to access your personal data, (ii) to have inaccurate or incorrect personal data rectified and to have incomplete personal data completed, (iii) to have personal data deleted if they are no longer necessary for the purpose for which they were collected or otherwise processed or if it transpires that they were processed illegally, (iv) to have the processing of your personal data restricted, (v) to data portability, and (vi) the right to
raise
an objection following which the processing of your personal data will be discontinued, unless it is proven that there are serious legitimate reasons for such processing that prevail over your interests or rights and freedoms, in particular if the reason is a possible enforcement of legal claims; and (vii) to turn to the Office of Personal Data Protection (www.uoou.cz), where you can file your complaint. If you give your consent to the
processing of your personal data, you have the right to withdraw the consent at any time.

Right to access your personal data: if you are interested in whether the Operator processes your personal data, you are entitled to obtain information regarding whether your personal data are being processed and if so, you are entitled to gain access to your persona data;

Right to have inaccurate personal data rectified and to have incomplete personal data completed: if you think that the Operator processes any inaccurate or incomplete personal data of yours, you are entitled to demand that they are rectified and completed. The Operator will correct or complete such data without undue delay, taking into account the technical possibilities.

Right to a deletion: if you request a deletion, the Operator will delete your personal data, provided that: (i) they are no longer necessary for the purpose for which they were collected or otherwise processed; (ii) the processing is illegal, (iii) you raise objections against the processing and there are no prevailing legitimate reasons for the processing of your personal data or (iv) the Operator has a statutory obligation to delete your data. The
Operator will not comply with your request if any of the circumstances specified in Article 17 clause 3 of the Regulation prevent it;

Right to have the processing of your personal data restricted: if you apply to have the processing of your personal data restricted, the Operator will make your personal data inaccessible, delete them temporarily or store or process your data in another way, as necessary for the exercise of such a right;

Right to data portability: if you want the Operator to submit your personal data processed by the Operator based on your consent or data that are necessary for the performance of a contract to a third party, you can exercise your right to data portability. Should the rights and freedoms of third parties be prejudiced by the exercise of your right, the Operator will be unable to comply with your request;

Right to object: you have the right to object to the processing of your personal data that are being processed for the purpose of acting in the public interest or in exercising public authority or for the purpose of the protection of legitimate interests of the Operator. If the Operator fails to prove that there is a serious legitimate reason for the processing that prevails over the interests or rights or freedoms, of the client, the Operator will
discontinue the processing without undue delay.

If there are repeated or clearly unfounded requests to exercise the rights above, the Operator will be entitled to charge an adequate fee for the implementation thereof or decline to do so. We will inform you about such a procedure in advance.

If you wish to exercise your rights, you can do so:

  • by a letter addressed to the registered office of the company at Českoskalická 650, 549 41 Červený Kostelec, Czech Republic;
  • by e-mail to: info@mobilesoft.eu.

The Operator reserves the right to verify the identity of the applicant in connection with the rights exercised in a reasonable manner in compliance with Article 12 (6) of the Regulation.

If you have any questions, you can contact the Operator using the contact information above.

This Privacy Policy was updated on 1.5.2019.