GDPR
Contents
- I. Information to be provided to the data subject - Articles 13
- II. Information systems of the operators
- III. GDPR Regulation
I. Information to be provided to the data subject - Articles 13
In Ohrady, on May 25th, 2018.
INFORMATION FOR PERSONS CONCERNED pursuant to the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation)
Protection of personal data of our clients and other natural persons is important for us. These terms and conditions explain how we process personal data during our activities and provision of our services within our own performance of the business activity.
-
The Controller is:
- LiveNet, s.r.o.
- with its registered office on 353/27 Náprotivná, 930 12 Ohrady
- Company Id. No. (IČO): 44 314 213
- Acting through the executive CEO - Tibor Radics (hereinafter referred to as "We/Us").
- If you have any questions, feel free to contact Us.
- contact data:
- email: info@live-net.sk
- telephone: 0918/924889
- or via post to the address of our registered office.
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Data Protection Officer is:
- JUDr. Zsolt Hodosi, lawyer
- with its registered office on 6750 Veľkoblahovská, 929 01 Dunajská Streda
- Company Id. No. (IČO): 45014515
- contact data:
- email: judr.hodosi@akhodosi.sk
- telephone: 0907/438866
With regard to the processing of personal data, We, above all, follow the Regulation (EU) on the protection of personal data ("GDPR") which also governs your rights as the data subject1, the provisions of the Personal Data Protection Act that apply to Us (especially S. 78) Accounting Act, Income Tax Law, Value Added Tax Act, Labor Code, Social Insurance Act, Health Insurance Act, Civil Code, Law on Consumer Protection and other regulations.
Why do We process your data?
The processing of personal data is necessary for Us, especially in order to:
- provide the services to our clients, or to conduct our business activities;
- fulfill various legal obligations and contractual obligations; and
- preserve our interests, interests of our clients and of other persons.
For what purposes and on what legal bases do We process personal data?
| Purpose | Legal basis according to GDPR | Related regulations |
|---|---|---|
| fulfillment of binding commitments | performance of the Agreement | Civil Code Value Added Tax Act |
| fulfillment of other contractual commitments | performance of the Agreement | Commercial Code, Civil Code, Copyright Law |
| fulfillment of legal obligations (not elsewhere classified) | performance of legal obligation of the Controller | Civil Code, Law on Consumer Protection |
| administration of registers of partners | performance of the legal obligation | Commercial Code |
| exercising of own legal rights, defending of legitimate interests | legitimate interest of the Controller demonstration | Civil Code, Commercial Code |
| ensuring compliance with legislation | fulfillment of legal obligation, public interest | Act on the prevention of legalization of proceeds of criminal activity and terrorist financing |
| statistical purposes, archival purposes in the public interest, and purposes of historical and scientific research | public interest fulfillment of legal obligation | Act on Archives and Registries, Law on State Statistics, |
| maintaining the prescribed bookkeeping and tax agenda | fulfillment of legal obligation | Income Tax Law, Accounting Act, Value Added Tax Act |
| maintaining the prescribed agenda of human resources, wages and insurance contributions | fulfillment of legal obligation, fulfilling the duties and performance of special rights of the operator in the field of labour law and the law of social security and social protection | Health Insurance Act, Social Insurance Act, Labour Code |
| supporting the main business activity | Consent of the person concerned performance of the Agreement | Civil Code |
| fight against tax fraud, tax evasion, escaping tax liabilities | meeting the legal obligation | Act No. 442/2012 Coll. on International Assistance and Cooperation in Tax Administration, as amended by Act No. 250/2022 Coll. |
What legitimate interests do We monitor when processing personal data?
- exercising of own legal rights, protection of the legitimate interests
Who has an access to your personal data?
The personal data of our clients and of other natural persons are made available only to the extent necessary and always while maintaining the confidentiality of the data recipient, e.g. to the Tax Office, the Health Insurance Company, the Social Insurance Agency, the Labor Inspectorate, the Labor Office, to lawyers, Slovak Trade Inspection or to the software providers or to the providers of support for our activities, including the employees of these persons, courts, notaries, executors, police. We are obliged to hinder from committing a crime, and We are also required to report information on money laundering and terrorist financing.
Which countries do We transfer your personal data to?
The cross-border transfer of your personal data to the third countries outside the European Economic Area (EU, Iceland, Norway and Liechtenstein) is not intended from our side. We do not use cloud services.
Which automated individual decision-making do We carry out?
- If you are our registered model, the following activities are carried
out in relation to you within the framework of processing operations:
- profiling - part of your registration as a registered model is profiling, specifically tracking your behavior on the website, e.g. how many times you logged in, how many registered visitors you had, which amount of turnover you generated. Profiling with the registered model is part of the contractual relationship between you and Us, as monitoring of your behavior is along the timeline required in accordance with Art. 22 (2) letter a) of the GDPR Regulation for the proper fulfillment of our obligation to pay you your generated remuneration, and one of the registration purposes of the registered model is profit-making or economic purpose. Profiling is done in an automated manner. In addition to this, We run our daily reward system, which means that the five registered models, who generated the largest turnover on that day, are entitled to a cash bonus (supplementary payment for earned repayment). You have the right to human intervention, especially human manual control in case of misstatements in payouts, etc. Furthermore, you have the possibility to exercise the right to human intervention in profiling, basically as a complaint stating the specific discrepancies.
- automated decision-making - in the registration process, following
procedure is blocked for you until you send a scan of your ID card. Sending
of the ID card is essential for registration of the registered model, thus
the automated decision-making in accordance with Art. 22 (2) letter a), of
the GDPR is necessary for the contract conclusion between you and Us. You
have the right to human intervention in this automated decision-making to
choose Us as the Controller to intervene in this automated decision,
whereby to exercise your right to human intervention in automated
decision-making must be substantiated by particular circumstances. The
circumstances stated in the application of your right to human intervention
in automated decision-making will be assessed by Us. However, there exists
no legal entitlement for the registration. Without a proper disclosure of
your personal data:
- to fulfill the obligation of executing the payout of remunerations to you as to the registered model properly and timely
- to issue a confirmation on the income for tax purposes
- and, in particular for reasonable elimination of doubt about your age (not reaching the age of 18 years) the registration does not take place.
- If you are a registered visitor, the following is being implemented:
- profiling - part of your registration as a registered visitor is profiling, specifically tracking your behavior on the website in a private chat, e.g. how many times you logged in, how many registered models and which of them you watched, what kind of turnover you generated. Profiling with the registered model is part of the contractual relationship between you and Us, as monitoring of your behavior is along the timeline required in accordance with Art. 22 (2) letter a), of the GDPR Regulation for the proper fulfillment of our obligation, in particular in the event of irregularities complaints. Profiling is done in an automated manner. You have the right to human intervention, especially human manual control in case of incurred irregularities, etc. Furthermore, you have the possibility to exercise the right to human intervention in profiling, basically as a complaint stating the specific discrepancies.
For how long do We store your personal data?
We store the personal data for as long as it is necessary for the purposes for which the personal data are being processed. When storing the personal data We follow the Records Retention Rules and the Records Retention Schedule, e.g.:
- as a rule, documents (media) concerning bookkeeping are stored for the period of 10 years after the end of the accounting year and the taxation period
- as a rule, documents (media) concerning insurance contributions to the social system are stored for the period of 10 years after the end of the calendar year, some of them for even a longer time
- documents (media) concerning individual business cases are stored for the period of 5 years after the closing of a business case (following the supply of a service, following the supply of goods)
- as a rule, documents (media) concerning registration forms, deregistration forms and benefits are stored for the period of 10 years after the end of the calendar year
- documents (media) concerning legal disputes are stored for the period of 10 years after the completion of a legal case
To dissolve the personal data is prevented, for instance as follows:
- it is not possible to dissolve the original documents
- it is not possible to dissolve the documents which must be distributed to the state archive
- if any proceedings are brought before the courts, the government authorities, the law enforcement authorities, which are related to the content of the documents otherwise destined for their dissolution.
How do We get the personal data about you?
If you are our client, We often obtain your personal data directly from you. In such case, obtaining your personal data is voluntary and based on the contractual basis, thus it is a contractual requirement. Depending on the particular case, the failure to provide personal data to our clients may affect our ability to provide high-quality and timely services or, in exceptional cases, our obligation to refuse to provide our services (refuse your registration). Personal information about our clients can also be obtained from publicly available sources, from public authorities or from other persons.
What are your rights as of the person concerned?
If We process personal data based on your personal data processing consent, you have the right to revoke your consent at any time.
Irrespective of this, you have the right to object to the processing of the personal data at any time on the basis of a legitimate or public interest.
As our client you have the right to require an access to your personal data, as well as their correction, deletion and limitation of processing. You have the right to object to the processing of personal data (only if the legal basis for the processing of personal data is the public interest or the legitimate interest) and the portability of personal data (only if the legal basis for the processing of your personal data is a consent or a contract and processing is done by automated means). You also have the right to file a complaint to the Office for Personal Data Protection at any time. All this in the intentions of Art. 15 to 22 of the GDPR Regulation.
Right to withdraw consent - in cases in which your personal data are processed based on your consent, you have the right to withdraw your consent at any time. You may do so electronically, at the controller's address, in writing, through a consent withdrawal notification, or in person with the controller. Withdrawing your consent does not affect the lawfulness of processing your personal data which we have processed based on such consent.
Right to access - you have the right to be provided with a copy of your personal data that are available to us, as well as the right to be informed about how we use your personal data. In most cases, you will be provided with your personal data in a written documentary form, unless you require a different method of their provision. If you ask to be provided with such information by electronic means, it will be provided to you electronically if this is technically feasible.
Right to rectification - we adopt appropriate measures to secure that information about you available to us is kept accurate, complete and up to date. If you think that the data we have at our disposal are inaccurate, incomplete or not up to date, do not hesitate to ask us to modify, update or complete such information.
Right to erasure (to be forgotten) - you have the right to ask us to erase your personal data, for example, if the personal data that we have acquired about you are no longer necessary to fulfil the original purpose of processing. Nevertheless, your right needs to be reviewed from the viewpoint of all relevant circumstances. For example, we may have certain legal and regulatory obligations, which means that we will not be able to comply with your request.
Right to restricted processing - you have the right, under certain conditions, to ask us to stop using your personal data. This includes, for example, if you believe that the personal data we have about you may be inaccurate, or if you believe that we do not need to use your personal data.
Right to data portability - you have the right, under certain conditions, to ask us to transfer the personal data that you have provided to us to a third party of your choice. The right to portability, however, only applies to the personal data that we have acquired from you based on your consent or based on an agreement to which you are one of the parties.
Right to object - you have the right to object to the processing of data based on your legitimate justified interests. If we do not have a convincing legitimate justified reason for processing and you raise an objection, we will not process your personal data any longer.
Right to take legal action concerning the protection of personal data - if you believe that we process your personal data unfairly or unlawfully, you can make a complaint with the supervisory authority, the Office for Personal Data Protection of the Slovak Republic, Hraničná 12, 820 07 Bratislava 27; tel.: +421 /2/ 3231 3214; e-mail: statny.dozor@pdp.gov.sk, https://dataprotection.gov.sk. If you take such action in an electronic form, you must comply with the particulars under sec. 19(1) of Act No. 71/1967 Coll. on Administrative Proceedings (Administrative Procedure Code).
Changes to privacy terms
Privacy is not a one-time issue for Us. The information We are obliged to provide you due to our processing of personal data may change or may be no longer actual. For this reason, We reserve the right to modify and change these conditions at any time. If these conditions change significantly, We will put this change into your attention, for example, by a general announcement on the website or via a specific e-mail notification.