PRIVACY POLICY
PRIVACY NOTICE
1. PREAMBLE
1.1 PromethistAI a.s. with its registered office at Salvátorská 931/8, Staré Město, 110 00 Prague 1, Czech Republic, Identification Number 086 71 281, entered into Commercial Register maintained by Prague City Court, Section B, Insert No. 24826 (“we” or “Company”) provides you with the following information (“Information”) in relation to personal data processing in relation to the application Elysai (“Application”) operated by us. This Information is provided in accordance with the requirements set out in Regulation (EU) 2016/679 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, “GDPR”) and other applicable laws.
1.2 Personal data means any information which can be used to identify you or which is attributable to you as a natural person. Any terms undefined in this Information which are defined in GDPR shall have the same meaning as in GDPR.
2. SCOPE, PURPOSE AND LEGAL BASIS OF DATA PROCESSING
2.1 We process primarily the information you share with us when interacting with the Application. Some of this information may be of sensitive nature such as your feelings or mental health concerns. We process such information based on your consent granted upon your first interaction with the Application. Users under the age required in the jurisdiction of their domicile for granting such consent, must have consent of their parent or other legal guardian. Users with limited legal capacity for other reasons must have consent of their legal guardian. Sharing of such information with us is necessary for proper functioning of the Application, however is strictly voluntary. This information may be stored with us for use in future sessions on a pseudonymous basis by way of an unique identifier of the device you use for accessing the Application or, in the event you registered within the Application, through your user account. That way you can restore your previous interactions with the Application each time you access it. If you do not wish your previous sessions to be accessible this way you can decouple your device from the Application or, in the event you registered within the Application, by deleting your account. Please do not share the information which you do not feel comfortable with being processed within the Application as described in this Privacy Notice. If you register within the Application we also process your e-mail address, such processing is necessary in order to provide you with the Application service as registered user; registration within the Application is voluntary.
2.2 We may also send you our newsletter or other marketing communication, provided you gave us your explicit consent. If you are our customer, we may send you our marketing communication concerning similar products and services and provided you have not declined to receive such communication. Legal basis of such data processing is our legitimate interest. You may opt-out from receiving our marketing communication by clicking on the unsubscribe link within each marketing communication or any time by sending an e-mail to info@promethist.ai.
3. RECIPIENTS
3.1 We may share your personal data with third parties, if: (a) you have consented to such disclosure; (b) we are under a legal obligation to do so; (c) it is necessary for the purpose of legal proceedings or in relation thereto, or to exercise or protect our rights; (d) we are required to disclose your personal data to new entities or third parties due to organizational changes within the Company or in connection with the transfer of our business or any part thereof. We may also share your personal data with some reliable third parties in accordance with contracts entered into with them. They include, for example:(a) our professional advisors and auditors; or(b) IT technology providers;
3.2 To improve our digital persona’s approach to wellbeing and to advance scientific research on wellbeing and communication we might share some data with carefully selected researchers. For that purpose we always de-identify your personal data by removing personal identifiers so that data can not be linked to you. You can read about our collaborations on our webpage. If you are not happy with your de-identified data being shared for the purposes of wellbeing and communication research, you can contact us at support@elysai.com.
3.3 In an exceptional case when your personal data are transferred outside of the European Economic Area, we will observe all respective requirements set out in the GDPR in order to ensure protection of such data, in particular, we will transfer them only to countries which were acknowledged by the European Commission as having adequate level of protection or personal data, or to parties who have appropriate safeguards in place (such as standard contractual clauses or binding corporate rules).
4. DURATION OF PROCESSING
The Company processes the personal data only for the time period necessary to fulfill the above purposes of data processing or as required by the applicable laws, i.e.if you register within the Application, we process the personal data as long as your user account lasts, otherwise, we process your personal data for the time period of 18 months after you last interaction with the Application. After that we no longer process any of your personal data which are (to the extent attributable to you as identifiable natural person) erased; however, we are entitled to use the anonymized data gathered within your interaction with the Application in accordance with Article 4.4 of the General Terms and Conditions.
5. YOUR RIGHTS
In relation to the personal data provided to us, you have the following rights:
5.1 Right of access: You have the right to obtain from us confirmation as to whether or not your personal data are being processed, and, where that is the case, to access such personal data and the related information, in particular concerning the purpose of personal data processing, its duration, categories of personal data processed and recipients to whom the personal data are disclosed. Such right to access may nevertheless be restricted based on the rights and freedoms of others.
5.2 Right to rectification: Upon your request we shall correct inaccurate or amend incomplete personal data related to you.
5.3 Right to erasure (Right to be forgotten): Under the conditions set out in GDPR, we shall, upon your request erase the personal data for example in cases when such data are no longer necessary in relation to the purposes for which they were collected, they were processed based on your consent which was withdrawn, you objected to their further processing or they were processed unlawfully. If you wish to exercise this right, please contact us at support@elysai.com. If you do not have an account but wish to delete your data, don't forget to submit your device ID, which you can find in your app profile. Otherwise we cannot identify your data.
5.4 Right to restrictions of processing: Under the conditions set out in GDPR (for example when the accuracy of personal data is contested by you or the personal data were unlawfully processed), we shall, upon your request, restrict processing of your personal data; in such case we shall process such personal data only for limited reasons set out in GDPR or other applicable laws.
5.5 Right to data portability: Under the conditions set out in GDPR and to the extent of our technical capabilities, you shall have the right to receive the personal data you provided to us in a structured, commonly used and machine-readable format and to transmit those data to another controller without hindrance from us.
5.6. Right to object: In certain cases (in particular with respect to personal data processed on the basis of our legitimate interest) you may object to the processing of your personal data. In such cases we may be required to cease from further processing of such personal data.
5.7 Right to withdraw consent: In case that your personal data are processed based on your consent, you shall have the right to withdraw such consent at any time; lawfulness of personal data processing carried out prior to such withdrawal shall remain unaffected. If you wish to exercise this right, please contact us at support@elysai.com.
5.8 Right to contact the Supervisory Authority: You shall have the right to contact our Company at info@promethist.ai with inquiries and / or complaints regarding personal data processing. You shall also have the right to lodge a complaint with the Supervisory Authority (Czech Office for Protection of Personal Data, with its registered office at Pplk. Sochora 27, 170 00 Prague 7, Czech Republic, E-mail: posta@uoou.cz, website: https://www.uoou.cz).