Privacy Policy
Your privacy is one of our fundamental commitments, and therefore, we take utmost care to process your personal data in accordance with the principles set forth in the applicable legislation, including without limitation the General Data Protection Regulation no. 679/2016 (“GDPR”). We recognize the importance of maintaining the confidentiality, integrity and security of your personal information (“Personal Data“) and have written this privacy policy (“Policy”) to explain how your Personal Data is collected, stored, used and disclosed by Culture Technologies OU., a company incorporated under the Estonian law, having its headquarters at Harju maakond, Tallinn, Kesklinna linnaosa, A. Lauteri tn 3, 10114, Registry Code 16185361, (“Culture“, “Us“), as a data controller, with respect to (i) your access to and use of our user application („User App”), (ii) specialist application („Specialist App”) including of the services provided by Culture (collectively, “Services”).
Each time we are required by the applicable law or, otherwise, want to use this legal basis, we will request your free, informed, specific and unequivocal consent for the processing of your Personal Data. By expressing your consent, you agree that we can collect, use, reveal, process and transfer your Personal Data in accordance with this Policy.
We reserve the right to amend the provisions of this Policy from time to time. If we make changes to this Policy, we will make the updated version available on the Apps and we will update the “Last updated” date. We will also inform you on the changes that have occurred, to ensure that you are aware of how we use your Personal Data. Any amendments to this Policy will apply on the date that they are made, with the exception of changes which require your prior consent, and which will apply as of the moment when you express such consent.
For the avoidance of any doubt, we are not obliged to inform you, by using the contact details associated with your account and use of the Apps , in respect to any and all of the changes to this Policy.
Any capitalized term which is not defined in this Policy will have the meaning set forth in the terms and conditions (“Terms”) applicable to the Apps accessible here. In this Policy, the term “App User” shall mean the person installing and using the User App and also the “Specialist App User” shall mean the person using the Specialist App.
APPLICABILITY
This Policy applies strictly to the processing of Personal Data carried out by Culture as a data controller.
For the avoidance of doubt, this Policy does not apply to the processing of Personal Data performed by Culture as a data processor.
CATEGORIES OF PERSONAL DATA, PURPOSES OF PROCESSING, AND LEGAL GROUNDS
APP USERS
Start using the App
When you start using the User App, we might collect your nickname, gender and age, preferred language, preferred currency and in some cases email.
| Purpose of processing | Legal ground |
| The purpose of this processing is to create the App User’s profile and to allow the user to book an appointment with a specialist. | Processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract (art. 6 para. 1, let. b GDPR); |
Registration and using the User App account
Registration directly on our App and login in with the App credentials
On our App you can register and create an account. This functionality allows you to use your account on different devices on which you install the App. In this case, we will need your email address.
| Purpose of processing | Legal ground |
| The purpose of this processing is to create the App User’s account, to provide our services through the User App. | Processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract (art. 6 para. 1, let. b GDPR); |
Searching for a Specialists
When using our User App, you have the possibility to search for a Specialist. In such a case, we might use the location, the age, and any other relevant Information you provided during the usage of our User App.
| Purpose of processing | Legal ground |
| The purpose of this processing is to better connect the App Users and the Specialist by improving the search criteria. | Processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract (art. 6 para. 1, let. b GDPR); |
Connecting with a Specialist
When using our User App, you have the possibility to connect with a Specialist. In such a case, we will process your nickname, age, gender, preferred currency and preferred language. This Personal Data shall be made available to the Specialist.
In addition, when connecting with a Specialist you may choose to book a session with them.. Also, you might be able to choose to share the “Mood Journal” Information with the respective Specialist, pursuant to section 2.8. below.
| Purpose of processing | Legal ground |
| The purpose of this processing is to connect with a Specialist. | Processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract (art. 6 para. 1, let. b GDPR); |
Sharing “Mood Journal” information with a Specialist
When connecting with a Specialist you may choose to share the Mood Journal Information and other Personal Data with the respective Specialist.
| Purpose of processing | Legal ground |
| The purpose of this processing is to offer you the possibility to share information with Specialist. | Your consent. (art. 6 para. 1, let. a GDPR). |
Review a Specialist
On our User App, you have the possibility to review and/or rate a Specialist as an anonymous user, meaning only using a nickname. In such a case, we will use your nickname which will be displayed in your review and/or rating.
| Purpose of processing | Legal ground |
| The purpose of this processing is to offer you the possibility to review and/or rate a Specialist. | Your consent. (art. 6 para. 1, let. a GDPR). |
Research purposes
We might use the Mood Journal, Consultation and other information created while using our Apps for research purposes. In such a case, before using this data we shall anonymize the Personal Data and the research shall be performed on anonymous information.
| Purpose of processing | Legal ground |
| The purpose of this processing is to anonymize the Personal Data in order to perform research on anonymous information. | Your consent. (art. 6 para. 1, let. a GDPR). |
Contractual notifications
During the provision of our services, we will use your email address to notify you of any changes in the Terms of the Apps and in connection with any other issues related to the performance of the contract between you and Culture.
| Purpose of processing | Legal ground |
| The purpose of this processing is to carry out contractual notices in accordance with the Terms. | Processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract (art. 6 para. 1, let. b GDPR); |
Contact
You can contact us in different ways: by support form, by e-mail, through our social media accounts or, if the case might be, by using our chat. In this case, in general, we will process the following Personal Data: first name, last name, email and any other information you voluntarily provide when you contact us.
| Purpose of processing | Legal ground |
| In this situation, we will use your Personal Data only to contact you in connection with the requested offer or in connection with the resolution of the problem. | Processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract (art. 6 para. 1, let. b GDPR); |
Marketing messages
You might receive marketing messages via email or push notification.
| Purpose of processing | Legal ground |
| By downloading the app and opting in to receive notifications, we will use your e-mail or push notifications to send you marketing messages about our activities and promotions. | Your consent. (art. 6 para. 1, let. a GDPR). |
You can revoke your prior consent at all times and without any costs, with altering consequences for the future.
Payments and bank cards
When you pay the appointment fee, we will process your bank card details (first and last name, card number, CCV, expiring date).
| Purpose of processing | Legal ground |
| The purpose of this processing is to send the bank card details to the payment processor in order to process the payment. | Processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract (art. 6 para. 1, let. b GDPR); |
Analytical data
When using our Apps, we process certain information regarding your activity in order to analyze the use of our Apps. Such information includes, for example, your navigation.
This information is not collected in order to be associated with identified persons. However, insofar such information leads to the identification of an App User or Specialist App User, the provisions of this Policy shall become applicable.
| Purpose of processing | Legal ground |
| We use this data for the sole purpose of obtaining anonymous statistical information concerning the use of the Apps. | Our legitimate interest in the improvement of our App (art. 6 para. 1, let. f GDPR); |
SPECIALISTS APP USERS
Registration
We need to validate your account and your profile. For this purpose, we will verify the information you have provided during the onboarding process.
All the profile information except email and phone number shall be publicly available to any user accessing and navigating on the User App.
| Purpose of processing | Legal ground |
| The purpose of this processing is to create the account, to provide our services through Apps. | Processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract (art. 6 para. 1, let. b GDPR); |
| The verification of your profile aims at ensuring an increased level of trust as regards your profile on our Apps. | Our legitimate interest in increasing the trust in our Platform and App, by creating a safe and transparent community, based on trust (art. 6 para. f, let. b GDPR); |
Adding information to your profile
During the onboarding process or once you have completed the onboarding process and created your account, you can fill in other details about you in order to complete your profile (either additional information or skipped information during the onboarding process): your first name, last name, phone number, image, short biography, fees, availability, work approach and areas of specialty.
All the profile information shall be publicly available to any user accessing and navigating on the App and Web Database.
| Purpose of processing | Legal ground |
| The purpose of this processing is to complete the Specialist profile in order to better connect the App Users and the Specialists and to allow the App Users to find out certain details about the Specialist in order to decide whether he/she wants to proceed with the connection. | Processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract (art. 6 para. 1, let. b GDPR); |
Contractual notifications
During the provision of our services, we will use your email address r to notify you of any changes in the Terms and in connection with any other issues related to the performance of the contract between you and Ascendio.
| Purpose of processing | Legal ground |
| The purpose of this processing is to carry out contractual notices in accordance with the Terms. | Processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract (art. 6 para. 1, let. b GDPR); |
Contact
You can contact us in different ways: by support form, by email, through our social media accounts or, if the case might be, by using our chat. In this case, in general, we will process the following Personal Data: first name, last name, email and any other information you voluntarily provide when you contact us.
| Purpose of processing | Legal ground |
| In this situation, we will use your Personal Data only to contact you in connection with the requested offer or in connection with the resolution of the problem. | Processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract (art. 6 para. 1, let. b GDPR); |
Marketing messages
You can opt in to receive marketing messages via email or push notifications.If you opt in to receive push notifications, you also agree to receive email messages.
| Purpose of processing | Legal ground |
| If you opt to receive such marketing messages, we will use your e-mail or push notifications to send you marketing messages about our activities and promotions. | Your consent. (art. 6 para. 1, let. a GDPR). |
You can revoke your prior consent at all times and without any costs, with altering consequences for the future.
FAILURE TO PROVIDE PERSONAL DATA
You may refuse to provide certain Personal Data (indicated above) but, in such a case, you may not be able to benefit from certain features, including, but not limited to, the creation of a user account or contacting us to solve your problem and to provide support.
PROCESSING PERSONAL DATA BASED ON OUR LEGITIMATE INTEREST
When we process on the lawful basis of legitimate interest, we apply the following tests to determine whether it is appropriate:
- The purpose test – is there a legitimate interest behind the processing?
- Necessity test – is the processing necessary for that purpose?
- Balancing test – is the legitimate interest overridden, or not, by the individual’s interests, rights or freedoms?
For more information on how we process the Personal Data on the lawful basis of legitimate interest, please contact us at COMPANYMAIL
AUTOMATIC PROCESSING OF PERSONAL DATA
Your Personal Data will not be processed for taking decisions based solely on automatic processing that would result in legal effects concerning you or could similarly significantly affect you.
STORAGE PERIOD
As a rule, we will store your Personal Data as long as you explicitly do not ask for your data to be removed.
Personal Data collected based on your consent will be processed until the date of withdrawal of the consent.
In certain circumstances, we may retain your Personal Data for longer periods of time, for example if we are obliged to do so in accordance with the legal, regulatory, tax or accounting requirements.
We may also keep your Personal Data for longer periods of time so that we have accurate records of your dealings with us in the event of any complaints or challenges, or if we reasonably believe there is a prospect of litigation relating to your Personal Data or dealings.
TRANSFER OF PERSONAL DATA
Your Personal Data is filed and stored on the servers of our contractual partners that are helping us to provide our services to you.
We may transfer Personal Data, as far as necessary, to the following categories of recipients:
- subcontractors;
- payment processors;
- companies offering IT services;
- marketing companies;
- public authorities, courts of law or arbitral tribunals, and authorities competent to investigate criminal offence.
These recipients can be located in the European Union, the European Economic Area or North Macedonia. Where recipients are located outside the European Union and the European Economic Area, or is not North Macedonia, including in countries not recognized as ensuring an adequate level of protection, the transfer of Personal Data shall be carried out only if there are appropriate guarantees, in accordance with applicable law. In this respect, we rely on several guarantees, such as the Privacy Shield certificate or the standard contractual clauses issued by the European Commission. You may receive from us a list of recipients from third countries, as well as a copy of the agreed provisions that ensure an adequate level of protection of Personal Data. For any request to this effect, please contact us at the contact details mentioned below.
In addition, in connecting the App Users with Specialist, some Personal Data of the App Users shall be made available to the Specialist and some Personal Data of the Specialist shall be made available to the App Users.
SECURITY
The security of your Personal Data is important to us. Your Personal Data will therefore be processed by applying reasonable technical and organisational measures to protect Personal Data, such as limiting access to Personal Data, encryption or anonymization of Personal Data, storage on secure environments. However, despite our efforts, we cannot always guarantee the effectiveness of the security measures implemented, and therefore we cannot guarantee the security of Personal Data at any time.
You are also responsible for helping to protect the security of your Personal Data. For instance, never give out your password, and safeguard your personal credentials when you are using the Services, so that other people will not have access to your Personal Data. Furthermore, you are responsible for maintaining the security of any personal computing device on which you utilize the Services.
RIGHTS IN CONNECTION WITH THE PROCESSING OF YOUR PERSONAL DATA
Your rights
You have the following rights in connection with the processing of your Personal Data:
Access right: You have the right to obtain from us confirmation that your Personal Data is processed by us, as well as information on the specific processing, such as: the purposes of processing, categories of processed Personal Data, recipients of Personal Data, the period for which Personal Data is stored, if we transfer the Personal Data abroad and how we protect it, your rights, the right to lodge a complaint before the supervisory authority, the source of your Personal Data.
Right to rectification: You have the possibility to request rectification of your Personal Data, provided that the applicable legal requirements are met. In the event of errors, after notification, we will immediately correct your Personal Data.
Right to erasure: In certain cases, you have the possibility to request the deletion of Personal Data, namely when: (i) the Personal Data are no longer necessary in relation to the purposes for which they were collected or otherwise processed; (ii) you withdraw consent on which the processing is based according and where there is no other legal ground for the processing; (iii) you exercise the right to object to the processing; (iv) the Personal Data have been unlawfully processed. We are not obliged to comply with your request when the processing is necessary (among others) for compliance with a legal obligation or for the establishment, exercise or defense of legal claims. There are also other circumstances in which we are not obliged to comply with this request for the deletion of Personal Data.
Restriction of processing: You may request us to restrict the processing of your Personal Data in the following circumstances: (i) you contest the accuracy of the Personal Data, for a period enabling us to verify the accuracy of the Personal Data; (ii) the processing is unlawful and then you oppose to the erasure of the Personal Data and request the restriction of their use instead; (iii) we no longer need the Personal Data for the purposes of the processing, but you require them for the establishment, exercise or defense of legal claims; (iv) you have objected to processing, pending the verification whether our legitimate grounds override yours. However, we can continue to process your Personal Data (i) when you consent; (ii) for the establishment, exercise or defense of legal claims or (iii) for the protection of the rights of another natural or legal person.
Right to data portability: Insofar the Personal Data is processed based on your consent or on the execution of the agreement and the processing is carried out by automated means, you have the right to have your data Personal Data provided to you in a structured format, which is currently used and can be read automatically and you have the right to request us to transfer this Personal Data to another controller. This right shall not adversely affect the rights and freedoms of others.
Right to opposition: In certain situations, such as when we process your Personal Data on the basis of a legitimate interest, or for the purpose of sending marketing messages, you have the right to object to the processing of your Personal Data by us. In the event of unjustified objection, Ascendio is entitled to continue processing Personal Data.
Revocation of consent: Insofar you consented to the processing of your Personal Data, you can at all times revoke your consent, without affecting the lawfulness of processing based on consent before its withdrawal.
Right not to be subject to any automatic individual decisions: You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you. Such right cannot be exercised when the decision: (i) is necessary for entering into, or performance of, a contract between you and us; (ii) is authorized by law which lays down suitable measures to safeguard your rights and freedoms and legitimate interests; or (iii) is based on your explicit consent.
Right to lodge a complaint with the supervisory authority: You have the right to lodge a complaint with The National Supervisory Authority for Personal Data Processing (“DPA”) in relation to any breach of your rights regarding the processing of your Personal Data. The contact details of the DPA are: 39 Tatari St., 10134, Tallin, Estonia, e-mail: info@aki.ee
How to exercise your rights
To learn more about the manner in which you may exercise the aforementioned rights, please contact us at info@nelma.io
Identity verification: We take utmost care of the confidentiality of all Personal Data and we reserve the right to verify your identity if you make a request in relation to your Personal Data
Fees: As a rule, you can exercise your rights free of charge. However, we reserve the right to request a reasonable fee if your claims are manifestly unfounded or excessive, in particular because of their repetitive nature.
Response Time: We make every effort to respond to your request within one month of receiving the request. This period may be extended by two further months where necessary, taking into account the complexity and number of the requests, in which case we will inform you of any such extension and of the reasons for the delay
CONTACT
If you have any questions or concerns about this Policy or its implementation, you may contact us at info@nelma.io