Promobay Privacy Policy

PLEASE READ THIS PRIVACY POLICY CAREFULLY AS IT EXPLAINS HOW WE COLLECT, USE, PROCESS, AND DISCLOSE YOUR INFORMATION ACROSS THE PLATFORM.

This Privacy Policy is valid and effective from August 1, 2017.

Key Terms

  1. This Privacy Policy is subject to the Terms of Service. Unless specified otherwise in this Privacy Policy, the terms used in this Privacy Policy shall have the same meaning as in the Terms of Service.
  2. When we refer to Promobay, we, us or our we refer to company Promobay s.r.o. with registered office at Júnová 24, 831 01 Bratislava, Slovakia, BID: 50 188 500, registered in Commercial register of District Court in Bratislava I, section: Sro, file no.: 109674/B.
  3. By the use and accessing of our Platform, you consent to this Privacy Policy and you consent to our use and the processing of your information, including Personal Data, for the purpose as described in this Privacy Policy. 
  4. These terms will have the following meaning:

Aggregate Data” means any pseudonymized and anonymized information about all users of our Platform or some users of our Platform that cannot be attributed to specific individual user. 

Personal Data” means information (which may include sensitive information) relating to an identified or identifiable individual user who can be identified, directly or indirectly, in particular by reference to that information that shall come into possession of Promobay in connection with use of the Platform.

Third Party” means companies, persons or other entities that are not Promobay, you or Promobay`s affiliate companies.

What information does Promobay collect about you

Information you provide to us:

  1. We collect and process information: 
    1. in your Members Account that you provide to us when you sign up for the Members Account and when you update these information from time to time such as your name, surname, email address, profile picture, date of birth and others;
    2. in your profile and billing account that you provided to us about your profile and your business and company information, such as your address, business ID number, phone number and others;
    3. in your payment account that you provided to us such as your bank account and/or credit card information to process payments with us;
    4. from your communications within the Platform with us or with other Members such as your messages, comments and other form of communication within the Platform;
    5. from your entries to fields and forms within the Platform such as search queries, forum posts, promotions, surveys and other features of the Platform.

Information we collect from your use of the Platform:

  1. When you use the Platform and its features we collect information about how you use the Platform such as
    1. information about your interactions with the Platform and its features such as your viewed pages, content, Listings, search queries and other interactions with the Platform;
    2. location information from the device that you use to access the Platform. We use various tools to determine your general location information in addition to more precise location information;
    3. log data from the device that you use to access the Platform such as your IP address, access time, applications that you use to access the Platform (i.e. browser), hardware and software information and other similar information;
    4. transaction information regarding all transactions made through the Platform including made through Third Party payment system;
    5. information gathered from cookies and similar technologies (for more information see our cookies policy).

Information we collect from Third Parties:

  1. We also collect information about you from Third Parties and we may combine these information with information we have about you such as
    1. information from Third Party services and webpages that are publicly available and/or that you linked or connected with the Platform such as Instagram, Facebook profile information;
    2. information provided by other Members in your profile as part of our rating and review system;
    3. information from other sources that we may collect to the extent permitted by applicable law. 

How do we use information you provided to us and that we collect

  1. We generally use, process and store information including Personal Data that you provided to us and that we collect to
    1. enable you to access and use the Platform;
    2. enable you to communicate with us and enable our communication with you such as sending you notifications, messages, reminders and any other form of communication within the Platform and otherwise (i.e. email messages);
    3. enable you to communicate with other Members including all communication regarding the Listings and purchase and provision of Services;
    4. operate, protect, improve and optimize the Platform, its features, its user experience and to provide customer support;
    5. maintain a trusted and safe environment on the Platform and to prevent any actual or potential fraud, misconduct or other harmful activity, investigation and risk assessment, verifying your Listing information and other information about you, enforcing all of our Terms and Privacy Policy and other similar actions which we may do without notifying you;
    6. send you marketing, advertising and promotional messages and information that might be interesting to you about us, our services as well services of our affiliates. You may unsubscribe from these messages anytime;
    7. to administer referral programs, rewards, surveys, sweepstakes, contests, or other promotional activities or events sponsored or managed by Promobay or our Third Party business partners; and
    8. to comply with our legal obligations, resolve any disputes that we may have with any of our users, and enforce our agreements with Third Parties.
  1. We may also process, review, scan and/or analyse your communications with us and other Members for fraud prevention, risk assessment, regulatory compliance, investigation, product development, research and customer support purposes and other similar purposes. You consent and agree that we may process, review, scan and/or analyse your communications with us and other Members for these purposes.
  2. We may also disclose some information including your Personal Data on the publicly available parts of the Platform where they are visible to other Member or to general public such as some information in your public profile or as part of your Promotions information.
  3. We may also share or disclose some information including your Personal Data that you provided to us and that we collect to Third Parties such as
    1. Promotion that you purchased: In order to complete transaction between Buyers and Promoters, we transfer relevant information between these two parties. This may include your name, contact details, company details and other.
    2. Third-party service providers: We may use service providers to process information including your Personal Data on our behalf. This processing is for several purposes, including for example sending out marketing material. Third party service providers are bound by confidentiality clauses and are not allowed to use your information for other purposes.
    3. Payment providers and (other) financial institutions: We may need to share certain information with the payment service provider and the relevant financial institution to handle payments from you and to you. We may furthermore share information with relevant financial institutions, if we consider it strictly necessary for fraud detection and prevention purposes.
    4. Competent authorities: We disclose information to law enforcement insofar as it is required by law or is strictly necessary for the prevention, detection or prosecution of criminal acts and fraud. We may need to further disclose information to competent authorities to protect and defend our rights or properties, or the rights and properties of our business partners.
  4. We may also share Aggregate Data and non-personally identifiable information for industry and market analysis, demographic profiling, marketing and advertising, and other business purposes.

Legal Basis for our use of your information

  1. When we process information about you including your Personal Data we are doing so on the following legal basis:
    1. Performance of a contract: The use of your information may be necessary to perform the contract that you have with us. For example, if you use our Platform to make a purchase of a Promotion, we will use your information to carry out our obligations (as set out in our Terms of Service) to provide you the Platform to complete and administer that transaction under the contract that we have with you.
    2. Legitimate interests: We may use your information for our legitimate interests, such as to provide you with the best suitable content of the website, emails and newsletters, to improve and promote our products and services and the content on our Platform, and for administrative, fraud detection and legal purposes.
    3. Consent: We rely on your consent to use your information including Personal Data for the purposes described in this Privacy Policy for the duration of your Member Account. You may at any time withdraw your consent to the processing of your information by writing to us to the company address stated above or to an email address stated below. 

Maintaining of your Personal Data

  1. Some information you provide to us in your Member Account profile page may be Personal Data. Personal Data is provided by you freely and you are responsible to maintain it accurate, true and complete. You may review, update, or delete this information in your Member Account by logging into your Member Account and reviewing your Account settings and profile.
  1. If you disable your Member Account note that information that you have shared with others (like Reviews or forum postings) may continue to be publicly visible on the Platform in association with your first name, even after your Member Account is disabled.
  2. You always have the right to review the information we keep about you. You can request an overview of your Personal Data by emailing us to the email address stated below. Please write 'Request personal information' in the subject line of your email to speed things along a bit.
  3. You can also contact us if you believe that the information we have for you is incorrect, if you believe that we are no longer entitled to use your Personal Data, or if you have any other questions about how your Personal Data is used or about this Privacy Policy. Please email or write to us using the contact details below. We will handle your request in accordance with the applicable Slovak or EU data protection law.

Transferring of your Personal Data

  1. Our Platform is operated over the internet, so we may transfer, store, use and process your information, including any Personal Data, to countries outside of the European Economic Area (“EEA”) including the United States and possibly other countries. By using the Platform, you consent to transferring your Personal Data to these countries. Please note that laws vary from jurisdiction to jurisdiction, and so laws and regulations relating to privacy and data disclosure, applicable to the places where your information is transferred to or stored, used or processed in, may be different from the laws and regulations applicable to the place where you are a resident.

Personal Data of children

  1. The Platform provided by Promobay is not directed at children under 18 years old. The use of any of our services is only allowed with the valid consent of a parent or a guardian. If we receive information from a person under 18 years old, we reserve the right to delete it.

Security

  1. We are continuously implementing and updating administrative, technical, and physical security measures to help protect your information against unauthorized access, loss, destruction, or alteration. However, the Internet is not a 100% secure environment, so we can’t guarantee the security of the transmission or storage of your information.

EU Residents rights

  1. If you reside in the EU, you have these rights granted you by the relevant data protection legislation.
  1. You may request copies of your Personal Data held by us in writing or in in a structured, commonly used and machine-readable format (data portability right) in accordance with the relevant data protection legislation. We will provide you or your designated controller with a copy of the Personal Data held by us as soon as practicable, and in any event not more than 30 days after receiving a valid request in writing.
  2. You may also request the erasure and restriction of processing of your Personal Data and object to processing of your Personal Data in accordance with the relevant data protection legislation. We will notify you within 30 days of your valid request about the relevant action taken.
  3. You are entitled to access, see and challenge Personal Data Third Parties provide to us in accordance with the relevant data protection legislation.
  4. You are entitled to lodge a complaint with a supervisory authority in accordance with the relevant data protection legislation.
  5. There may be a reasonable charge to process your request under this section unless expressly stated otherwise in relevant data protection legislation.
  6. We may request proof of identification to verify your requests under this section.
  7. Requests in this section should be addressed to the company address stated above.

Change of Terms

  1. Promobay reserves the right, at its sole discretion and at any time without prior notice, to change this Privacy Policy at any time. If we change this Privacy Policy, new Privacy Policy will be made available to you in the Platform or provide you with notice via email. Changes to the Privacy Policy will be effective at the time of posting.   
  1. If you continue access or use the Platform under modified Privacy Policy it will constitute acceptance of the modified Privacy Policy. Additionally, if the modified Privacy Policy contain material changes applicable to existing Members (by decreasing your rights or increasing your responsibilities), we will provide you with notice prior to the changes taking effect.
  2. If the modified Privacy Policy are not acceptable to you, your only recourse is to cease using the Platform. If you do not close your Member Account you will be deemed to have accepted the changes.

Contact information

  1. If you have any suggestions or comments about this Privacy Policy, please send an email to promobay@promobay.com and we’ll get right back to you.