Personal Data Protection
1 Continental Gallery collects
1.1 Personal data related to the operation of the e-shop at the website with the Internet address www.cogyateliers.com and related to the use of the COGY Reader or related to its obligations pursuant from its provision of e-commerce services, provisions of subsequent updated and innovation licenses to develop the services offered, improvement of e-shop controllability, simplification of the purchasing process, informing on new versions, etc.
2 Continental Gallery does not collect
2.1 Any sensitive or specific Personal Data giving evidence of property, national, racial or ethnic origin, political opinions, membership in political organizations, account numbers, numbers or codes of bank cards, etc. When collecting Personal Data, it abides by act No. 101/2000 Sb. on Personal Data protection and related regulations, namely the Regulation (EU) of the European Parliament and of the Council No. 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of Personal Data and the free movement of such data, and repealing Directive 95/46/EC (General Data Protection regulation) (GDPR).
3 For the purposes of this document:
3.1 Personal data means any information regarding a defined or definable Data Subject. The Data Subject is considered defined or definable if it they be identified directly or indirectly based on one or more elements, specific to their physical, physiological, psychical, economic, cultural or social identity;
3.2 Sensitive Personal Data mean data on national, racial or ethnic origin, political opinions, membership in union organizations, religion and philosophical convictions, sentence for a crime, state of health and sexual life of Data Subject and genetic data of Data Subject; sensitive data also include biometric data enabling direct identification or authentication of Data Subject;
3.3 Data Subject is a natural person to whom the Personal Data relate;
3.4 Processing of Personal Data is any operation or system of operations Continental Gallery undertakes as a Personal Data Controller or Processor with the Personal Data, be it in an automated manner or my other means. Processing of Personal Data mainly includes collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction of Personal Data;
3.5 Collection of Personal Data is a systematic procedure or set of procedures, the aim of which is to obtain Personal Data for the purpose of their further storage on an information carrier for immediate or later processing;
3.6 Erasure of Personal Data refers to the physical destruction of their carrier, their physical deletion or their permanent exclusion from further processing;
3.7 The Controller is Continental Gallery which determines the purpose and means of processing Personal Data, performs processing and is liable for it. The Controller may authorize or assign a Processor to process the Personal Data, unless stated otherwise in a separate law;
3.8 Evidence or Personal Data file (hereinafter referred to as “Data File”) is any file containing Personal Data organized or made available based on common or special criteria;
3.9 Consent of the Data Subject is a free and conscious manifestation of the Data Subject’s will, whose content is the consent of the Data Subject with the processing of their Personal Data;
3.10 Recipient is any Subject to whom Personal Data is made available;
3.11 Law on Personal Data protection relates to act No. 101/2000 Sb. on Personal Data protection as amended;
3.11 GDPR relates to Regulation No. EP/2016/679 on the protection of natural persons with regard to the processing of Personal Data and the free movement of such data.
4 GDPR – Information of Personal Data use and processing
4.1 Continental Gallery s.r.o, with its registered seat at Lhotská 1011/9, Praha 9 – Horní Počernice, CP 193 00, Czech Republic, No. ID: 26 19 43 50, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, File 78649, is the provider of the Video e-books (hereinafter referred to as “Goods” or “Electronic Content”) and the provider of the software application COGY Reader, and at the same time Personal Data Controller (hereinafter referred to as “Controller”) of the Personal Data Subject. Personal Data Subject is an authorized User of the Goods (hereinafter referred to as “Subject”) whom the Goods were provided to by means of Continental Gallery e-shop.
4.2 The e-shop is operated by Continental Gallery at the website with the Internet address www.cogyateliers.com. Subject of Personal Data is also an authorized User of the COGY Reader (hereinafter referred to as “Subject”) to whom the COGY Reader was provided to be used by Continental Gallery. Personal data of the Subject are processed as necessary for the purpose of performance of the Purchase Agreement related to the Goods or related to the provision of license.
4.3 Personal Data of the Subject are processed as necessary also for the purpose of performance of the Purchase Agreement and related to the provision of the license to use the COGY Reader. Contracting party is the Personal Data Subject and the Personal Data Controller of the Subject for the purposes of managing User account or for performing measures taken before the conclusion of the Purchase Agreement pursuant to article 6.1 b) of the Regulation (EU) of the European Parliament and of the Council No. 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of Personal Data and the free movement of such data, and repealing Directive 95/46/EC (General Data Protection regulation) in a situation when:
4.4 The Controller cooperates with some data Processors to whom the data may be made available. The data are made available exclusively in connection with the services of the web interface www.cogyateliers.com related to the Goods, and, in connection with the services related to the COGY Reader pursuant to the contract, within the necessary extent only. Those Processors are purveyors providing services in the field of web interface development, COGY Reader development, provision of marketing and accounting services.
4.5 The Controller shall be obliged to conclude an Agreement on Personal Data protection with the Processor. The present Agreement shall always be provided in writing and it shall state clearly to what extent, for what purpose and for what period it is concluded and it shall contain guarantees of the Processor on the technical and organizational assurance of Personal Data protection.
4.6 The lawful reasons mentioned above pursuant to article 6.1 b) and 6.1 c) of the Regulation (EU) of the European Parliament and of the Council No. 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of Personal Data and the free movement of such data, and repealing Directive 95/46/EC (General Data Protection regulation) enable the performance of the Purchase Agreement on the Goods and the Agreement related to the COGY Reader by the Controller and the use of services by the Data Subject, where consent is expressed.
5 By granting their express consent, the User declares:
5.1 By granting their express consent and being informed, the User declares they are conscious of their rights, namely:
5.2 The Controller is entitled to change their policy of Personal Data protection so that it reflects the current approach to Personal Data protection. In case of such change, the Subject shall be informed about it. The consent of the Data Subject is free, specific, informed and unequivocal.
5.3 All Personal Data the Controller acquires from Data Subjects are obtained on a voluntary basis, they are time-limited (for the period of contractual relationship based on a concluded Purchase Agreement or for the period of providing license for the Goods or of providing license for the COGY Reader, and subsequently based on consent granted by the Data Controller for the period of more than 3 years) and they can be removed, with exception of the data necessary to fulfill legal obligation, those that fall within a legitimate interest of the Controller or are necessary to perform or conclude Purchase Agreement on the Goods on the Agreement on the COGY Reader, initiated by the Data Subject themselves.
5.4 In the case of a request for erasure, change or modification of Personal Data or the withdrawal of consent or in case of a request for termination of sending updates related to the Goods or to the COGY Reader or to the provision of information service on new versions of the Goods or the COGY Reader, the Subject will send such documentation to Continental Gallery using the electronic form at the website www.cogyateliers.com.
5.5 The Data Subject takes note that the refusal to grant consent or its withdrawal may result in the impossibility to offer or provide some of the performances related to the Purchase Agreement on Goods or related to the Agreement and License on the COGY Reader. However, the performance of the concluded Purchase Agreement on Goods or the Agreement and License related to the COGY Reader is by no means conditioned by granting this consent.
6 Supplementary Statement
6.1 The Controller undertakes not to provide Personal Data entrusted to them to a third party not even for a commercial offer, unless it is related to the e-shop of the Controller, www.cogyateliers.com, or to the use of the COGY Reader, without the consent of Data Subject. The Controller undertakes to collect only those Personal Data corresponding to their intended purpose and to the extent necessary to fulfill the intended purpose, store Personal Data only for the period necessary for their processing, process Personal Data only in a manner consistent with the purpose for which they were collected, and process them for a different purpose only with a prior consent of the Data Subject.
6.2 Upon the expiry of the period necessary for their processing, they undertake to anonymize the data and not to intervene in the private and personal life of the Data Subject without justification. The Controller further undertakes to, at the request of the Data Subject, without the Subject needing to justify themselves, erase the Data Subject’s Personal Data from the database, with exception of those related to the possible future identification of the owner of program license, to the fulfilment of the obligation to inform on new versions of purchased Goods, new versions related to the use of the COGY Reader or to the obligation of the Purchaser/Data Subject to identify themselves with regard to tax legislation or for the purpose of handling warranty claims, during the warranty period.
6.3 Should the Data Subject ascertain or suspect the Controller processes their Personal Data in a manner which is in conflict with the protection of private and personal life of the Data Subject or in conflict with the act on Personal Data protection, namely should the Personal Data be imprecise with regard to the purpose of their processing, the Data Subject may:
7 How Personal Data are collected
7.1 Only the data based on a lawful reason, data necessary to perform the Purchase Agreement concluded by the client in the e-shop on the website with the Internet address www.cogyateliers.com is collected. And the data necessary to perform the Agreement concluded in connection with the use of the COGY Reader. Those include the following data necessary to perform the trade relations and provide lawful evidence:
8 Way of Personal Data Processing
8.1 Personal data is processed exclusively by designated employees. They are processed both in written and electronic form. Electronic processing of the databases is assured by Kentico CMS system (www.kentico.com). Information protection in these systems is assured by Kentico CMS system (www.kentico.com). Erasure, shredding or blocking Personal Data is performed at the instant when the purpose and/or the defined period for their processing ceases to exist.
9 Ways of Storing Information Carriers and Personal Data
9.1 Personal data recorded on any information carrier (paper documents, flash discs, CD-ROM, DVD-ROM, audio-video recordings, etc.) or considered to be confidential information by the Controller. Every employee or authorized person is obliged to store the information carriers in a way so that they cannot be misused, damaged or erased without authorization. Information carriers are stored in lockable file cabinets or other lockable storage. The employer is obliged to assure that the information carriers are properly stored and secured with locking in case the workplace is abandoned.
9.2 In the case of store rooms designated for paper documentation, the Controller has the obligation to assure that only authorized employees or persons accompanied by authorized employees enter these rooms. These rooms shall be technically secured against unauthorized entrance and they shall be supervised by electronic security and fire alarm technology.
10 Erasure of Personal Data
10.1 As the data Controller, Continental Gallery undertakes to carry out the erasure of Personal Data as soon as the purpose for which the Personal Data was processed ceases to exist, or based on the Data Subject’s request, in cases and under the conditions pursuant to the act on Personal Data protection.
10.2 In the case that there is no other lawful purpose which precludes to do so, like e. g. a lawful interest of a society to protect its property or values, tax regulations, etc., the Controller undertakes to carry out the erasure of Personal Data without undue delay.
10.3 The Controller always solely undertakes the erasure of Personal Data , in a secure and verifiable manner, or by a third party as a Processor, nonetheless, always based on the Agreement and using the necessary security and cross checking mechanisms at the same time.
11 Sending commercial communication and cookies files
11.1 The Purchaser agrees to receive information related to the Goods, services, the COGY Reader or Continental Gallery to the electronic address of the Purchaser/Data Subject and further agrees to receive commercial communication from Continental Gallery to the electronic address of the Purchaser/Subject.
11.2 The Purchaser agrees with the saving and processing of cookies on their computer. In case the purchase at www.cogyateliers.com can be carried out and the obligations of Continental Gallery ensuing from the purchase Agreement or the provided license or the Agreement related to the COGY Reader, or its use, without cookies being stored to the computer of the Purchaser/Data Subject, the Purchaser/Data Subject may withdraw, based on the previous statement, their Consent of the Purchaser/Data Subject with the use and processing of Continental Gallery cookies files. The full version of the company’s cookies policy can be found in Attachment 1, Consent with processing of cookies files in the section Processing of Cookies.
Personal Data Protection is also part of the Terms and Conditions for Video e-books and Terms and Conditions for the COGY Reader.