Privacy Policy of DeepBrand Sp. z o.o.

Last edited: 11 Jan 2019



Personal data protection has always been one of the most important aspects of DeepBrand sp. z o.o. ("DEEPBRAND") business activity. As the entity delivering tools and software helpful in a number of projects of brand and product awareness analysis in visual content on the Internet, we especially feel responsible for the safety of personal data processed in relations to our activity. Our goal is to properly inform our Clients about any cases related to personal data processing, especially on the basis of new regulations on the personal data protection, including General Data Protection Regulation 2016/679 dated 27.04.2016r. (GDPR). Due to that fact, we would like to inform about the legal basis for data processing, ways of their collection and usage, as well as about the rights of persons whose data are processed.

What is personal data and what does data processing mean?

Personal data are information about an identifiable or identified natural person. Processing of personal data is, in essence, any action performer over personal data, regardless of whether it is performer automatically or manually, i.a. collection, storage, saving, arrangement, modification, research, usage, sharing, limitation, deletion or destruction. DEEPBRAND processes personal data for various reasons, but depending on the reason, various ways of collection, legal bases for processing and usage as well as terms of storage may be applied.

When is the Privacy Policy applicable?

This privacy policy is applicable to all cases in which DEEPBRAND is the administrator of personal data and/or its processor. It applies also to cases in which DEEPBRAND processes personal data acquired directly from the person owning data, as well as in cases where personal data were acquired from other sources. DEEPBRAND fulfils its informational duties stated in art. 13 and 14 GDPR. Please find attached full information about DEEPBRAND as the personal data administrator:
DeepBrand Sp. z. o.o. with a registered office at Al. Jerozolimskie 85/21, 02-001 Warsaw, NIP: 7010820346, KRS: 0000729423, with person responsible for data protection in DEEPBRAND - Igor Sawczuk, privacy@deepbrand.ai.

How, on what legal basis and what type of personal data is processed by DEEPBRAND?

We would like to retain transparency in the scope of sources and legal bases for data processing, as well as for the reasons for which DEEPBRAND processes personal data. We care to provide all the necessary information in regard to personal data to any person whose data we process as the administrator. Our goal is to have as clear explanation as it is possible, we present the following list of processing operations on the personal data.

Simultaneously, we would like to point out, that whenever we process personal data on the basis of legally justifiable interest of the administrator, we aim to analyse and balance our interest and possible influence of processing on the person who provided data (both positive and negative influence), as well as rights of this person arising from personal data protection laws. We do not process personal data on the basis of our justified interest in case we conclude that the impact on the person who provided data would prevail over our interest (we could process personal data in cases we have i.a. consent, legal requirement or legal possibility, though).

Processing personal data of persons visiting websites held by DEEPBRAND or using services rendered via the Internet.

General Information

Natural persons visiting DEEPBRAND website or using services provided by DEEPBRAND via the Internet (i.e. in SaaS model), which are jointly referred as „services”, have full control over personal data provided to us. The services limit data collection and usage to the minimum, as is required to render services at a certain level, due to art. 18 of the Internet Services Act.

Cookies

In a limited extent we may also collect personal data automatically by using cookie files, positioned in our websites. Cookies are small text files saved on the user’s computer or mobile device, during his usage of the Internet. Those files are used to explore some functionality provided on the website or act as a confirmation that certain user has seen certain content of the website. Among cookie files we could adopt those that are absolute requirement for the DEEPBRAND services to operate. Cookie files from those categories are used to ensure:

  • Holding on of the user’s session;
  • Availability of authorisation with the login site (app.deepbrand.ai).

Another category of cookie files are files that are not necessary to use the Services, but enable their full capabilities, they are used to enable:

  • Saving user’s choice on cancelling visibility of chosen notification or screening the notification for a specified number of times;
  • Enabling automatic login to the service („remember me” option).

DEEPBRAND also uses third-party services, whose list is constantly updated, who use cookie files for the following reasons:

  • Monitoring traffic on websites;
  • Making anonymous, collected statistics, which help understand how do the users visit the website and enable us to constantly, upgrade our products;
  • Stating the number of anonymous users of our website, required to analysis of website visits;
  • Checking how often is a specified content shown to the user;
  • Checking how often do the users choose a specified service;
  • Internet payments;
  • Enabling registration and log-in to our services via the user account of Facebook and Google (single sign-on).

At the date of creation of this document the following third parties provide services on the aforementioned basis:

  • Google Analytics,
  • Heap Analytics,
  • Hotjar.

DEEPBRAND states also, that after cookie files are discarded, some of the functionalities provided by our Services may not act properly, and in some cases it also results in inability to use certain products.

Entry logs

We collect information regarding using our Services by the users, as well as their IP addresses on the basis of analysis of entry logs. We use said information to diagnose problems related to the server activity, possible breaches of security and website management. IP address is also used for statistical reasons, namely to collect and analyse demographic data of persons visiting the website (i.e. regional information where the connection happened). On the basis of said information, in some cases general statistical tables are created, shared with third parties who cooperate with us. They usually contain information about the visibility of the website. These tables do not, however, contain any data enabling identification of a single user (and their identity), we feel the need to underline that fact.

We also inform that we may be obliged to reveal information regarding IP number of a specified user of the Service, by demand of – authorised on the basis of the provisions of law – state organs who perform their own investigations and/or cases.

The remaining data

In general, only if it is utterly necessary to render a specific service, we collect more detailed user data, like e-mail address or some other personal data:

  • processing personal data of DEEPBRAND Clients;
  • Processing personal data of persons contacting DEEPBRAND in order to get informed about the offer or share information about DEEPBRAND’s services or products;
  • Processing personal data of persons contacting DEEPBRAND in order to enter a contract with DEEPBRAND.
Automated personal data processing

Information that we collect in relations to our Services activities may be processed using automation (including profiling), however, it shall not result in any legal consequences for any natural persons or anyhow affect their situation. We especially concentrate on profiling and state that:

  • for the profiling we do not process any of the sensitive data;
  • for the profiling reason only the data we have aggregated are used;
  • unless we cannot reach our target differently than by profiling personal data not pseudonimised nor aggregated, we use the regular data – e-mail, IP and cookies;
  • we profile in order to make analysis or prognosis of personal preferences and/or interests of persons using our Services and to match our content to such preferences;
  • we profile for marketing reasons, i.a. to match the marketing offer with said preferences of users.
Legal basis of processing

In case of processing personal data in relations to using the Services of DEEPBRAND we may have different legal bases for processing, with regard to categories of personal data that are processed and reason or processing. And as follows:

  • personal data of persons visiting our website are processed on the basis of legally justifiable administrators interest, i.a. matching informative and marketing content, or on the basis of a consent in case we asked the user to provide such consent;
  • personal data of persons using our SaaS service are processed because it is required to perform our contractual obligations;
  • sometimes the law requires us to process some personal data for tax and financial reasons.
Processing personal data of persons contacting DEEPBRAND in order to get information on the offer or to share information on DEEPBRAND’s services or products, as well as persons contacting in order to enter a contract with DEEPBRAND.

From natural persons that contact DEEPBRAND in order to get information on the offer or to share information on DEEPBRAND’s services or products, as well as persons contacting in order to enter a contract with DEEPBRAND the following personal data is collected: name and surname, position in the company, e-mail address and phone number. Especially, such persons may contact us via e-mail on the website or via chat message. Such messages have stated user name and e-mail and other information that the user may want to include in the message.

We kindly ask our visitors not to provide via the website any information from the sensitive categories of personal data (such as race and ethnicity, political views, religious or philosophical views, membership in trade unions, natural and mental health information, genetic data, biometric data, sexual life information, criminal record). In case such data is provided for whatever reason, it would comprise a direct consent to collect and use such personal data.

Legal basis for processing client data

We collect the aforementioned data on the basis of a consent stated by the user directing a request to DEEPBRAND or in order to fulfil contractual obligations (acting after the request) towards such person. Provided data we may also process on the basis of justified legal interest of the administrator.

Processing personal data of DEEPBRAND clients

DEEPBRAND processes personal data of clients and prospective clients. Among the data there also may be some personal data of persons connected to DEEPBRAND clients being natural persons (i.e. contact persons). Such personal data is processed in computer systems used by DEEPBRAND (including CRM). Personal data include: name and surname, name of the company, position at the company, phone number, e-mail and other service contact data. Moreover, in case of clients that entered into paid contracts with DEEPBRAND, some information regarding payments is processed, including credit card numbers, bank account numbers. Personal data of business contacts may be processed to reveal to the co-operators of DEEPBRAND and its sales representatives and used in order to move the commercial activity of DEEPBRAND.

We would also like to point out, that the information about cookies and entry logs stated above, are also applicable to processing data of natural persons using our Services online.

Processing personal data of natural persons who are our clients is grounded on:

  • justified interest of DEEPBRAND as the data administrator (i.a. in the scope of database creation, analytical actions, profiling, including product use analysis, direct marketing, securing documentation for possible legal actions);
  • consent (especially for marketing and telemarketing);
  • execution of the contract;
  • legally binding obligations (i.e. tax law, financial law).

Processing personal data of natural persons who are prospective customers is based on:

  • justified interest of DEEPBRAND as the data administrator (i.a. In the scope of database creation, analytical actions, profiling, including product use analysis, direct marketing);
  • consent (especially for marketing and telemarketing).
Processing personal data of end users of online services provided by DEEPBRAND

In case we provide to our clients certain products or services online, especially in the SaaS form, we process personal data of end-users of such services. We state that the information about cookies and entry logs are also applicable to this group of persons.

Detailed terms of personal data protection and processing shall be stated in General Terms and Conditions or Regulations on such products or software, as well as in specified documents included in DEEPBRAND registration website. We encourage acknowledging the documents on our site https://www.deepbrand.ai in Terms and Conditions section.

Automated processing of personal data

Information that we collect due to using of our products online may be automatically processed (including profiling, but also to monitor the user experience of product or service), but it would not cause any legal effects to the natural or anyhow impact their situation. We attach particular importance to the profiling profile and indicate that:

  • for the profiling we do not process any of the sensitive data,
  • for the profiling reason only the data we have aggregated are used;
  • unless we cannot reach our target differently than by profiling personal data not pseudonimised nor aggregated, we use the regular data – e-mail, IP and cookies;
  • we profile in order to make analysis or prognosis of personal preferences and/or interests of persons using our Services and to match our content to such preferences;
  • we profile for marketing reasons, i.a. to match the marketing offer with said preferences of users.
Legal basis of processing

If the end users of Services are also Clients of DEEPBRAND, legal basis for processing their data is the same as in the section above. If such end users are not clients, the legal basis of processing is, depending on a situation and category of data, either consent (especially for e-mail marketing or telemarketing), or DEEPBRAND’s justified interest as the administrator (i.e. in scope of service delivery, analyses, profiling, direct marketing, documentation security, possible claim filing and defence).

How long do we process personal data?

The term in which we could process personal data is dependent on the legal basis of data collection. In DEEPBRAND policies we strongly state that we do not process data for a period longer than said legal basis allows. In effect we inform that:

  1. in case DEEPBRAND processes personal data on the basis of consent, the processing period lasts until the consent is withdrawn;
  2. in case DEEPBRAND processes personal data on the basis of justified interest of data administrator, processing period lasts only until such interests exists (i.e. statute of limitation for civil claims), or until a person whose data is processed opposes such processing - in cases where it is applicable by law;
  3. in case DEEPBRAND processes personal data because it is required by the law, the term of processing is usually stated in the law (i.e. for the reasons of claiming or claim defence), DEEPBRAND shall retain the data until the end of such term or until the end of proceedings;
  4. in case of lack of any specific legal or contractual requirements, basic term of data retention regarding saves and any proving documents shall be no longer than 10 years.
How and when do we share personal data with third parties? Do we transfer data to third-party states?

We transfer personal data to third parties only when the law enables us to do so. In such case, in a contract entered with third party we include terms and safety mechanisms in order to ensure our standards in the scope of data protection, their confidentiality and security. Such contracts are referred as data processing agreements and DEEPBRAND retains control over the ways and scope of processing by the party who was vested with the processing of data. As a result, we inform, that the recipients of personal data processed by DEEPBRAND may be:

  • aforementioned entities processing data on the basis of data processing agreement (the processors),
  • entities providing hosting services for DEEPBRAND,
  • Marketing or sales representatives acting on behalf of DEEPBRAND,
  • other subcontractors of DEEPBRAND, providing software, maintenance or hardware services for DEEPBRAND, as well as our suppliers,
  • entities providing services of poll checks (customer satisfaction),
  • debt collection companies (the data is transferred only in the scope required to achieve the goal),
  • accountants, auditors, legal consultants, tax advisors,
  • public entities controlling compliance with the law, regulatory entities and other public entities.
  • (In two of the last cases the data is transferred only after and only within the actual necessity and legal requirement due to the binding provisions of law and within their limitations).

    What rights does a person who is concerned by the data have and how to execute them?

    Natural persons have specific rights regarding their personal data and DEEPBRAND as the data administrator is responsible for execution of said rights within the provisions of the law. In case of any questions and requests regarding the scope and execution of said rights as well as to contact us in order to proceed with one of the specific rights regarding personal data protection, we kindly ask to contact us at the e-mail: privacy@deepbrand.ai. We reserve the right to act on said rights execution after positive verification of identity of person asking us to perform.

    Access to personal data

    Natural persons retain the right to access the personal data that had been collected by the administrator. Said right may be executed via e-mail address privacy@deepbrand.ai.

    Modification of personal data

    Modifications, including actualisation of one’s personal data that are processed by DEEPBRAND may be performer by e-mail: privacy@deepbrand.ai or – in certain cases – direct contact with us by the registration site or change of personal data inside the application to which a person had previously logged in.

    Withdrawing consent

    In case processing is performer on the basis of consent, natural persons have the right to withdraw the consent at any moment. We inform about this right in any moment of consent collection and enable withdrawal in as easy way as it was to express consent. In lack of other information, meaning we failed to produce other address or phone number valid to withdraw consent, we kindly request to e-mail us at privacy@deepbrand.ai.

    The right to limit the processing or to file objections against processing of personal data

    Natural persons have the right to limit the processing or to file objections against data processing any time, due to their special situation, unless the processing is required by the law.

    Natural person may file objection against processing of their data when: processing is performed on the basis of legally justified interest or for statistical reasons and the objection is justified by special situation of a person, and their personal data are processed for direct marketing and profiled for that reason.

    As to the claim to limit the scope of processed data, we could inform that it is applicable in case if a person notices that the data are incorrect. After that, a person may request to limit processing of that data for the period to control their correctness.

    Remaining rights: the right to be forgotten and the right to transfer personal data

    In case a person would like to exercise some of those rights, please contact us at privacy@deepbrand.ai.

    The right to be forgotten may be exercised in case the personal data shall no longer be required for the reasons they had been previously collected by DEEPBRAND or when the natural person withdraws their consent for processing data by DEEPBRAND. Moreover, in case the natural person files objection against their data processing or if their data are processed without the legal basis. Data shall be also deleted as a result of fulfilling the legal obligation.

    The right to transfer data is applicable in case the processing is performer on the basis of consent or contract and in cases when processing is automated.

    Any other questions, requests and complaints

    In case the Clients have any questions, objections or requests regarding this Privacy Policy or the way we process the personal data, as well as any complaints in that field (though we hope there will be no necessity for any), we kindly ask to e-mail us with all the information to privacy@deepbrand.ai. Any and all received complaints shall be respected and answered.

    Persons, whose personal data is processed by DEEPBRAND have also right to file complaint to the controlling authority: Generalny Inspektor Ochrony Danych Osobowych (General Inspector of Personal Data Protection) (address: Generalny Inspektor Ochrony Danych Osobowych, ul. Stawki 2, 00-193 Warsaw, Poland).

    Our contact details are:

    DeepBrand Sp. z o.o.
    Al. Jerozolimskie 85/21
    02-001 Warsaw, Poland

    When and how could we amend this Privacy Policy?

    We stipulate to regular review of this Privacy Policy and to amend it in case it is necessary or required due to: new provisions of law, new guidelines of entities responsible for control of the personal data processing process, best market practices (Codes of good practice, if DEEPBRAND becomes bound by such codes, about which we would inform). We reserve the right to amend this Privacy policy in case of change of technology that we use to process data (providing the change impacts this document) and in case of changes in ways, reasons, and legal bases of the personal data collected by us.

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