PRIVACY POLICY

Last updated: 27.04.2023

INTRODUCTION

“My Spot App” Ltd. (hereinafter referred to as “Controller”) aims to provide you with the best possible experience when using its mobile application. This is why, the privacy of individuals is taken very seriously by the Controller. Therefore, this Privacy Policy contains useful information about the personal data of individuals that is collected, stored, used, and disclosed.

Welcome to MySpot App (hereinafter referred to as “The Application” or “Application”) which is operated by “My Spot App” Ltd., a Bulgarian company, with UIC: 207339717, having its seat and registered address at Sofia, 1421, Lozenets, 5A “Lale” Street, floor 4, apartment 6, e-mail address: [email protected].
BY USING THIS APPLICATION, YOU AGREE TO THE COLLECTION AND PROCESSING OF YOUR PERSONAL DATA IN COMPLIANCE WITH THIS PRIVACY POLICY.
PLEASE READ THIS PRIVACY POLICY CAREFULLY BEFORE USING THIS APPLICATION AND IF YOU HAVE ANY QUESTIONS ABOUT THIS PRIVACY POLICY, PLEASE CONTACT US AT: [email protected]. IF YOU DO NOT AGREE TO ANY OF THE CONDITIONS CONTAINED IN THIS PRIVACY POLICY, YOU SHOULD NOT USE THIS APPLICATION.

DATA CONTROLLER

“My Spot App” Ltd. (hereinafter referred to as “Controller”) is a Bulgarian company, with UIC: 207339717, having its seat and registered address at Sofia, 1421, Lozenets, 5A “Lale” Street, floor 4, apartment 6, e-mail address: [email protected].

SUPERVISORY AUTHORITY

Commission for Personal Data Protectionƒ

PURPOSE AND SCOPE OF THE PRIVACY POLICY

The Controller understands the privacy concerns of the users of this Application (hereinafter referred to as “individuals” or “individual”) regarding the protection of personal data and is committed to protect their personal data by applying all the standards for protection of personal data in accordance with 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 (hereinafter referred to as “GDPR”). With this Privacy Policy, the Controller respects the privacy of individuals and undertakes every effort to protect the personal data of individuals against unlawful processing by applying technical and organizational measures, which measures are entirely consistent with state-of-the-art technological developments and provide a level of protection that corresponds to the risks associated with the processing and the nature of the data that should be protected.
With this Privacy Policy and in compliance with the requirements of the GDPR, the Controller provides information on:

DEFINITIONS

For the purposes of the GDPR and this Privacy Policy, the following terms shall have the following meaning:

PRINCIPLES RELATING TO PROCESSING OF PERSONAL DATA

The Controller observes the following principles relating to the processing of personal data:

PERSONAL DATA COLLECTED AND PROCESSED BY THE CONTROLLER

Processing of special categories of personal data (“sensitive data”)
The Controller does not collect and record special categories of personal data, such as personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, as well as genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person’s sex life or sexual orientation. Individuals shall not provide such sensitive data to the Controller. If the individual negligently or intentionally provides sensitive data to the Controller, the Controller undertakes to immediately delete such data.
Personal data collected directly from individuals
1. Personal data collected directly from individuals when individuals contact the Controller using the “Support” function of the Application.
  Individuals provide personal data to the Controller when they contact the Controller by sending a message using the “Support” function of the Application on the Controller’s Application, which can be found on the Side Menu of the Application. When the individual sends a message to the Controller using the “Support” function to contact the Controller, the Controller collects and processes the name of the individual, the e-mail address, and the other information that the individual provides in the sent message, such as the address. These personal data are processed for the purpose of communication with the individual and record keeping. The processing of these personal data is necessary for actions preceding the conclusion of a contract and undertaken at the request of the individual, namely providing more information on the services offered by the Controller in connection with a possible conclusion of a contract with the individual. The Controller uses the services of an e-mail service provider to store received emails on a server that is located in the European Union.
2. Personal data collected directly from individuals when individuals contact the Controller by e-mail
  Individuals provide personal data to the Controller when they contact the Controller by sending an e-mail. The e-mail address of the Controller is specified in the Controller’s Identification Information in this Privacy Policy. When the individual sends an e-mail to the Controller, the Controller collects and processes the e-mail address of the individual and the other information that the individual provides in the sent message, such as name. These personal data are processed for the purpose of communication with the individual and record keeping. The processing of these personal data is necessary for actions preceding the conclusion of a contract and undertaken at the request of the individual, namely providing more information on the services offered by the Controller in connection with a possible conclusion of a contract with the individual. The Controller uses the services of an e-mail service provider to store received emails on a server that is located in the European Union.
3. Personal data collected directly from individuals when individuals contact the Controller by sending a message using the Facebook platform
  Individuals provide personal data to the Controller when they contact the Controller by sending a message using the Facebook platform via the Facebook messaging service available through the Controller’s Facebook page. When the individual sends a message to the Controller using the Facebook platform via the Facebook messaging service, the Controller collects and processes the individual's name, as well as the other information the individual provides in the sent message. This data is processed for the purpose of communication with the individual and record keeping. The processing of such personal data is necessary for the realization of the legitimate interests of the Controller, whose legitimate interests are to reply to the received messages, as well as to keep the received messages. The Controller uses Facebook services, an independent US service provider, to receive messages via the Facebook platform. This means that the personal data provided will be stored on Facebook servers in the United States. For the transmission of such personal data outside the European Economic Area, appropriate safeguards should be provided in accordance with Article 46 of Regulation (EC) 2016/679. Facebook has its own Privacy Policy and individuals are advised to get acquainted with it in order to get more information. The Facebook Privacy Policy is posted at https://www.facebook.com/policy.php.
4. Personal data collected directly from individuals when individuals contact the Controller by sending a message using the Instagram platform
  Individuals provide personal data to the Controller when they contact the Controller by sending a message using the Instagram platform via the Instagram messaging service available through the Instagram page of the Controller. When the individual sends a message to the Controller using the Instagram platform via the Instagram messaging service, the Controller collects and processes the individual's name, as well as the other information the individual provides in the sent message. This data is processed for the purpose of communication with the individual and record keeping. The processing of such personal data is necessary for the realization of the legitimate interests of the Controller, whose legitimate interests are to reply to the received messages, as well as to keep the received messages. The Controller uses Instagram services, an independent US service provider, to receive messages via the Instagram platform. This means that the personal data provided will be stored on Instagram servers in the United States. For the transmission of such personal data outside the European Economic Area, appropriate safeguards should be provided in accordance with Article 46 of Regulation (EC) 2016/679, and Instagram provides such safeguards and describes in detail in its Privacy Policy. The Instagram Privacy Policy is posted at https://help.instagram.com/519522125107875 .
5. Personal data collected directly from individuals when individuals register on the Application
  Individuals provide personal data to the Controller when they register on the Controller's Application. When making a registration, the individual provides the following personal data that the Controller collects and processes, namely: name and surname of the individual and e-mail address. The collection and processing of these personal data are necessary: - for concluding or executing a contract for the reservation of spots. The data of the individuals are stored on a server of a hosting provider and the server is located in the European Union. If the individual chooses the option to sign-in to the Controller’s Application using third-party identity services such as Google, Facebook, or Apple ID, the individual provides the following personal data that the Controller collects and processes, namely: name and surname, profile image and email address, as well as other information that the individual has provided to those third-party identity services, in accordance with the third-party identity services Privacy Policy. The collection and processing of these personal data is necessary: - to authenticate the access of the individual; - for concluding or executing a contract for the reservation of spots and provision of services by the Controller.
6. Personal data collected directly from individuals when individuals reserve spots and services, using the Application
  Individuals provide personal data to the Controller when they order services by reserving spots from the Controller's Application. In these cases, the individual provides the following personal data that the Controller collects and processes, namely: the name and surname of the individual and e-mail address. The collection and processing of this personal data is necessary: - for concluding or executing a contract for the provision of services; - for fulfilling legal obligations for the purpose of issuing invoices. The data of the individuals are stored on a server of a hosting provider and the server is located in the European Union.
7. Personal data collected directly from individuals when individuals subscribe to receive newsletters
  Individuals provide their e-mail addresses when they want to subscribe for receiving a newsletter. When the individual subscribes to receive newsletters containing useful information about the services offered by the Controller, promotional offers, and the like, the Controller collects and processes the e- mail address of the individual. This data is processed for the purpose of sending newsletters to the individual. The reason for the processing of the provided personal data is the consent of the individual. The Controller uses the services of MailChimp, an independent US service provider, to send newsletters and manage the email list. This means that the provided e-mail addresses will be stored on the servers of MailChimp in the United States. For the transmission of such personal data outside the European Economic Area, appropriate safeguards should be provided in accordance with Article 46 of Regulation (EC) 2016/679. MailChimp has its own Privacy Policy and individuals are advised to get acquainted with it in order to get more information. MailChimp Privacy Policy is posted at https://mailchimp.com/legal/privacy/. Additionally, there is a contract between the Controller and Mailchimp.
8. Personal data collected directly from individuals when individuals use the Controller's Application
  Individuals provide personal data to the Controller when they use the Controller's Application. When individuals use the Application, the Controller collects and processes the following personal data, namely: name, surname, and e-mail address. The collection and processing of this information is necessary for the normal operation and use of the Application. The Controller does not collect or process personal data of individuals while the Application is not in use or running in the Background.
Personal data collected from third parties
The Controller usually does not obtain personal data for individuals from third parties. However, in some cases, if the Controller has reasonable grounds to suspect any individual of infringing the Controller’s legal or intellectual property rights, then the Controller will obtain personal data of the suspected individual from public registers or private sources. This data may be processed for the purposes of investigating the infringement and taking legal actions against the infringement. The lawful grounds for processing the personal data are the legitimate interests pursued by the Controller, which legitimate interests are investigating the infringement and taking legal actions against the infringement.
Data collected automatically
1. When an individual visits the Application, the Controller automatically collects the following data, namely:
  - The type of device from which the individual accesses the Application (for example, a computer, a mobile phone, a tablet, etc.);
  - Internet Protocol (IP) address of the device from which the individual accesses the Application (usually used to determine the country or city from which the individual accesses the Application);
  - Type of operating system;
  - Concrete actions undertaken, including functionalities of the Application used, frequency and duration of visits to the Application;
  - Date and time of visits.
2. The collection and processing of these Personal data are necessary for the realization of the legitimate interests of the Controller, which legitimate interests are facilitating the use of the Application and improving the functionality of the Application.

LEGAL BASIS FOR PERSONAL DATA PROCESSING:

The legal basis for collecting and processing of the personal data of individuals in most cases is one of the following:

PURPOSES OF PERSONAL DATA PROCESSING

The Controller collects and processes the personal data of individuals who are provided directly by them solely for the following purposes, namely:
1. to provide the services that the Controller offers, namely the booking of spots and services in Business Locations and identifyinhg individuals (future and current clients);
2. to contact the individual via e-mail in order to respond to the received inquiries;
3. for the execution of obligations of a contract to which the individual to whom such data refer is a party, and for actions at the individual’s request and preceding the execution of a contract;
4. for the execution of an obligation of the Controller, stipulated by law;
5. for sending newsletters containing information about the services offered by the Controller, promotional offers and the like. Newsletters are sent only after the Controller has received explicit consent from the individual;
6. accounting purposes;
7. statistical purposes.
The Controller collects and processes the personal data of individuals who are automatically collected for the following purposes, namely:
1. improving the efficiency and functionality of the Application;
2. preparing anonymous statistics on how the Application has been used;
3. providing better services;
4. administering the Application;
5. adapting the Application to the preferences of individuals.
The Controller may not use the personal data of individuals for purposes other than those specified in this section of this Privacy Policy.

PERIOD FOR WHICH THE PERSONAL DATA WILL BE STORED

Inquiries and correspondence by email, the “Support” function, Facebook, Instagram:
The Controller stores the personal data and the communication received by e-mail, the “Support” function of the Application, and messages sent by Facebook or Instagram for a period necessary to answer to the received message and to satisfy individual’s request, as well as for one calendar year after the Controller has answered to the received message and satisfied individual’s request.
Personal data of individuals who have made a reservation using the services of the Controller:
Upon stopping the use of the Application, the Controller will minimize the personal data and will keep only such data that is required to keep to comply with laws. In such cases, the Controller will store the personal data of the individuals who have used the Application and stopped using the Application for a period of ten years after they have stopped using the Application, which is the term stipulated by law for storing invoices for clients.
Unless otherwise specified, the Controller retains information as long as it is necessary to achieve the purpose described above.
Newsletter mailing list:
The Controller stores the personal data provided for newsletter subscription, which is the e-mail of the individual, until the individual remains subscribed for receiving newsletters or until the Controller ceases sending newsletters, whichever of the two circumstances comes first.
Criteria for determining the period for which the personal data will be stored
In other situations, not specified above, the Controller will store the personal data of the individual for no longer than needed considering the following criteria, namely: - if the Controller is obliged by a legal norm to continue with the processing of the personal data of the individual; - if appropriate industry rules exist on the period for which the personal data shall be stored; - purpose for storing of the personal data both currently and in the future; - if the Controller and the individual have concluded an agreement and the Controller is obliged to continue to process the personal data in order to comply with the obligations under the agreement; - purposes for using of the personal data currently and in the future; - if it is necessary to contact the individual in the future; - if the Controller has any legal ground to continue to process the personal data of the individual; - any other sufficient grounds, like the character of the relationship with the individual.

MANDATORY AND VOLUNTARY NATURE OF PROVISION OFPERSONAL DATA

The personal data required to be provided by the individuals are in accordance with the services offered by the Controller. The provision of personal data by individuals is voluntary. In the event that the individual refuses to provide the personal data:

PROCESSING OF PERSONAL DATA

The Controller processes the personal data of individuals by means of a set of actions that can be performed by automatic means.

PROTECTION OF PERSONAL DATA

The Controller undertakes the appropriate technical and organizational measures to protect the personal data against accidental or unlawful destruction, or against accidental loss, unauthorized access, alteration, or dissemination, as well as against other unlawful forms of processing, including the following:
1. using only secure and protected servers and folders for storing personal data;
2. verifying and confirming the identification of the individual inquiring access to his/her personal data before granting access to such personal data;
3. the Controller never sends correspondence, including electronically, requiring a username and password to access the individual`s profile.
4. the Controller provides individuals with a secure and encrypted connection when sending personal data;
5. the Controller provides individuals with a secure and encrypted connection when logging into the profile of the Application.
In case you would like to receive detailed information about the technical and organizational measures, please do not hesitate to contact us at [email protected].

RECIPIENTS OF PERSONAL DATA

The Controller has the right to disclose the personal data processed to the following categories of persons, namely:
1. to individuals to whom the data relate when they exercise the right of access the personal data relating to him/her.
2. to state bodies if provided for in a legal act, for example, state bodies (NRA, Patent Office, Commercial Register, etc.).
3. to data processors providing services in favour of the Controller’s business activities, such as accounting service providers, hosting service providers, marketing services providers, Application traffic analysis providers, which are subject to a confidentiality obligation, and they have provided sufficient assurance of enforcement appropriate technical and organisational measures in such a way that the processing proceeds in accordance with the requirements of the Regulation and ensures the protection of the rights of individuals.
4. to providers providing electronic and banking payment services.
The Controller does not sell personal data provided by the individual to third parties.

RIGHTS OF INDIVIDUALS

Right of access by the individual:
The individual has the right to obtain from the Controller confirmation as to whether or not personal data concerning him or her are being processed. If the Controller processes personal data of the individual the Controller shall provide a copy of the personal data undergoing processing.
Right to rectification:
The individual has the right to obtain from the Controller without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the individual has the right to have incomplete personal data completed, including by means of providing a supplementary statement.
Right to erasure (‘right to be forgotten’):
The individual has the right to obtain from the Controller the erasure of personal data concerning him or her without undue delay and the Controller has the obligation to erase personal data without undue delay where one of the stated in article 17 of the GDPR grounds applies.
Right to restriction of processing:
The individual has the right to obtain from the Controller restriction of processing where one of the stated in article 18 of the GDPR grounds applies. If the processing has been restricted, such personal data shall, with the exception of storage, only be processed with the individual’s consent or for the establishment, exercise, or defense of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or of a Member State. The Controller informs the individual who has obtained a restriction of processing before the restriction of processing is lifted.
Right to data portability:
The individual has the right to receive the personal data concerning him or her, which he or she has provided to the Controller, in a structured, commonly used, and machine-readable format and has the right to transmit those data to another controller without hindrance from the Provided to which the personal data have been provided if the processing is based on consent or on a contract.
Right to object:
The individual has the right to object on grounds relating to his or her particular situation, at any time to the processing of personal data concerning him or her. According to Article 21, Paragraph 4 of the GDPR the right to object shall be explicitly brought to the attention of the individual and shall be presented clearly and separately from any other information. For compliance with this obligation, more information about the right to object can be found in the section below titled “Right to object to processing of personal data”.
Right of withdrawal of consent:
The individual has the right at any time to withdraw the consent he has given. Withdrawal of consent does not affect the lawfulness of processing based on consent before its withdrawal. The order for withdrawal of the consent is specified in article 16.1 of this privacy policy. The individual may either withdraw the given consent by choosing the "unsubscribe" option when receiving a newsletter.
Profiling rights:
The individual has the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her.
Right to be informed about the personal data breach:
The individual has the right to be informed without undue delay about the personal data breach when the personal data breach is likely to result in a high risk to the rights and freedoms of the individual.
Right to judicial and administrative protection:
1. Right to lodge a complaint with a supervisory authority
  Without prejudice to any other administrative or judicial remedy, the individual has the right to lodge a complaint with the supervisory authority, in particular in the Member State of his or her habitual residence, place of work, or place of the alleged infringement if the individual considers that the processing of personal data relating to him or her infringes the GDPR.
2. Right to an effective judicial remedy against a supervisory authority
  Without prejudice to any other administrative or non-judicial remedy, the individual or legal person has the right to an effective judicial remedy against a legally binding decision of a supervisory authority concerning them. Proceedings against a supervisory authority shall be brought before the courts of the Member State where the supervisory authority is established.
3. Right to an effective judicial remedy against the Controller or processor
  Without prejudice to any available administrative or non-judicial remedy, including the right to lodge a complaint with a supervisory authority, the individual has the right to an effective judicial remedy where he or she considers that his or her rights under the GDPR have been infringed as a result of the processing of his or her personal data in non-compliance with the GDPR. Proceedings against the Controller or a processor shall be brought before the courts of the Member State where the Controller or processor has an establishment. Alternatively, such proceedings may be brought before the courts of the Member State where the individual has his or her habitual residence.
Right to compensation and liability:
An individual who has suffered material or non-material damage as a result of an infringement of the GDPR has the right to receive compensation from the Controller or processor for the damage suffered. Court proceedings for exercising the right to receive compensation shall be brought before the courts of the Member State where the Controller or processor has an establishment. Alternatively, such proceedings may be brought before the courts of the Member State where the individual has his or her habitual residence.

PROCEDURE TO EXERCISE THE RIGHTS

The individual exercises his or her right to withdraw the given consent, right of access, right to rectification, right to erasure, right to restriction of processing, right to data portability, right to object, and profiling rights, by submitting a written request to the Controller (either by post at the address specified in the identification of the Controller above or by e-mail), which should contain the following information:
1. the name, address, and other data necessary for identifying the respective individual;
2. a description of the request;
3. signature, date of submission of the request, and e-mail address.
The request shall be filed personally by the individual. The Controller keeps the requests filed by the individuals in a separate register.
When the individual exercises the right of access to the personal data relating to him or her the Controller shall verify the identity of the individual before responding to the request. This is necessary to minimize the risk of unauthorized access and identity theft. If the Controller cannot identify the individual from the collected information, then the Controller has the right to require a copy of the individual’s documentation (such as ID card, driving license, and other documents containing personal data that identify the individual) in order to verify the individual’s identity.
The Controller considers the request and provides the information on action taken on the request of the individual within two months of receipt of the request. This period may be extended by one further month where necessary, taking into account the complexity and number of the requests.
The Controller informs the individual of any such extension within one month of receipt of the request, together with the reasons for the delay. Where the individual makes the request by electronic form means, the information shall be provided by electronic means where possible, unless otherwise requested by the individual.
In case the Controller does not take action on the request of the individual, the Controller informs the individual without delay and at the latest within one month of receipt of the request of the reasons for not taking action and on the possibility of lodging a complaint with a supervisory authority and seeking a judicial remedy.
The Controller shall communicate any rectification or erasure of personal data or restriction of processing to each recipient to whom the personal data have been disclosed unless this proves impossible or involves disproportionate effort. The Controller informs the individual about those recipients if the individual requests it.

RIGHT TO OBJECT TO PROCESSING OF PERSONAL DATA

The individual has the right to object on grounds relating to his or her particular situation, at any time to the processing of personal data concerning him or her. According to Article 21, Paragraph 4 of the GDPR the right to object shall be explicitly brought to the attention of the individual and shall be presented clearly and separately from any other information. For compliance with this obligation, more information about the right to object will be provided in this section of the Privacy Policy.
The individual has the right to object on grounds relating to his or her particular situation, at any time to the processing of personal data concerning him or her which is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the Controller or processing is necessary for the purposes of the legitimate interests pursued by the Controller or by a third party, except where such interests are overridden by the interests or fundamental rights, and freedoms of the individual which require protection of personal data, in particular where the individual is a child, including profiling based on any of these provisions. The Controller shall no longer process the personal data unless the Controller demonstrates compelling legitimate grounds for the processing which override the interests, rights and freedoms of the individual or for the establishment, exercise, or defence of legal claims. The individual can exercise this right by submitting a written request to the Controller, either by post at the address specified in the identification of the Controller above or by e-mail.
Where personal data are processed for direct marketing purposes, the individual has the right to object at any time to the processing of personal data concerning him or her for such marketing, which includes profiling to the extent that it is related to such direct marketing. Where the individual objects to processing for direct marketing purposes, the personal data shall no longer be processed for such purposes. The individual can exercise this right by submitting a written request to the Controller, either by post at the address specified in the identification of the Controller above or by e-mail requiring to stop sending him or her marketing information or by clicking the unsubscribe link contained at the bottom of the e-mail the Controller sends to the individual.

BUTTONS, TOOLS, AND CONTENT FROM OTHER COMPANIES

The Application contains buttons, which connect to other third-party Applications such as „Facebook“ button and “Instagram” button. All Applications of such companies that can be accessed through this Application are independent and the Controller assumes no responsibility for any damages and losses incurred as a result of the use of these sites. Individuals use these sites on their own responsibility and it is recommended that they familiarize themselves with the relevant Privacy Policy of the respective company for more information.

Third-parties

The Application of the Controller does not have any access to the individual’s bank or credit card information.
The Application uses third party services, which may collect information used to identify the individual. These third parties have their own Privacy Policies and it is recommended that individuals familiarise themselves with the relevant Privacy Policy of the respective third party for more information. Such third parties are:

CHANGES TO THE PRIVACY POLICY

This Privacy Policy may be updated at any time in the future. When this happens, the Controller will inform individuals by sending an e-mail about the changes. Using the Application after receiving information by e-mail about the updated Privacy Policy, you will be deemed to agree with the changes made.

CONTACTS

If you have additional questions about this Privacy Policy, please do not hesitate to contact the Controller at: [email protected].