Privacy Policy
1. INTRODUCTION
We are delighted that you have shown interest in the services of Kopesi Services Ltd (hereinafter referred to as “Kopesi”, “we”, “us”, “our”) which are provided via https://simbasosbutton.com/, Simba SOS Button App and the services provided through the our software, APIs, or otherwise and mobile website and mobile applications related, linked, or otherwise connected thereto (collectively the “App”). Data protection is a particularly high priority for Kopesi. The use of the App of Kopesi is possible without any indication of personal data; however, if a data subject wants to use special services via our App, processing of personal data may become necessary. If the processing of personal data is necessary, and there is no statutory basis for such processing, we generally obtain consent from the data subject.
The processing of personal data, such as the name, address, email address, or telephone number of a data subject shall always be in line with the Kenya Data Protection Act 2019, General Data Protection Regulation (GDPR), California Consumer Privacy Act (CCPA) and in accordance with the country-specific data protection regulations applicable to Kopesi. Utilizing this data protection declaration, our enterprise would like to inform the general public of the nature, scope, and purpose of the personal data we collect, use and process. Furthermore, data subjects are informed through this data protection declaration, of the rights to which they are entitled.
As the controller, Kopesi has implemented numerous technical and organizational measures to ensure the complete protection of personal data processed through this App. However, Internet-based data transmissions may, in principle, have security gaps, so absolute protection may not be guaranteed. For this reason, every data subject is free to transfer personal data to us via alternative means, e.g., by telephone.
2. DEFINITIONS
The data protection declaration of Kopesi is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). Our data protection declaration should be legible and understandable for the general public, as well as our customers and business partners. To ensure this, we would like to first explain the terminology used. In this data protection declaration, we use, among other things, the following terms:
Personal data
Personal data means any information relating to an identified or identifiable natural person (“data subject”). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person.
Data subject
Data subject is any identified or identifiable natural person, whose personal data is processed by the controller responsible for the processing.
Processing
Processing is any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as 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.
Restriction of processing
Restriction of processing is the marking of stored personal data with the aim of limiting their processing in the future.
Profiling
Profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.
Pseudonymization
Pseudonymization is the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organizational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.
Controller or controller responsible for the processing
Controller or controller responsible for the processing is the natural or legal person, public authority, agency, or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.
Processor
Processor is a natural or legal person, public authority, agency, or other body which processes personal data on behalf of the controller.
Recipient
Recipient is a natural or legal person, public authority, agency, or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing.
Third-party
Third-party is a natural or legal person, public authority, agency, or body other than the data subject, controller, processor, and persons who, under the direct authority of the controller or processor, are authorized to process personal data.
Consent
Consent of the data subject is any freely given, specific, informed, and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.
3. NAME AND ADDRESS OF THE CONTROLLER
Controller for the Kenya Data Protection Act 2019, General Data Protection Regulation (GDPR), other data protection laws applicable in Member states of the European Union and other provisions related to data protection is:
Kopesi Services Ltd
48 Kindaruma Road Nairobi, -1 40996 Kenya
support@simbasosbutton.com
4. COLLECTION OF GENERAL DATA AND INFORMATION
The App of Kopesi collects a series of general data and information when a data subject or automated system calls up the App. This general data and information are stored in the server log files. The general data collected may be (1) Device Information, (2) the operating system used by the accessing device, (3) the website from which an accessing system reaches our App (so-called referrers), (4) the sub-websites, (5) the date and time of access to the App, (6) an Internet protocol address (IP address), (7) the Internet service provider of the accessing system, (8) names, (9) email address, (10) Phone Number, (11) contact list, (12) GPS Location Information (13) Payment method details such as credit card details and, (14) any other similar data and information that may be used in the event of attacks on our information technology systems.
In case you are a security personnel registered with us (“Patrol Men”), the Data Processing Agreement shall apply which specifies how we handle your data in addition to the terms applicable to you in this Privacy Policy. With respect to Patrol Men, we collect your (1) Photo in uniform (2) Employer name, (3) Complete address (4) Valid government issued Identity Information/ card (5) Vehicle information/ number (6) Photo of your vehicle in the manner requested by us.
All personal information that you provide to us must be true, complete, and accurate, and you must notify us of any changes to such personal information.
When using these general data and information, Kopesi does not draw any conclusions about the data subject. Rather, this information is needed to (1) Send SMS & IP messages to emergency contacts when SoS button is pressed in the App, (2) enable users to buy and sell products and services on the App (1) deliver the content of our App correctly, (2) optimize the content of our App as well as its advertisement, (3) ensure the long-term viability of our information technology systems and website technology, (4) for analytics purposes, (5) to facilitate account creation and logon process, (6) request feedback (7) as necessary for basic functionality of the App and account management (billing our clients) and, (8) provide law enforcement authorities with the information necessary for criminal prosecution in case of a cyber-attack. Therefore, Kopesi analyses anonymously collected data and information statistically, with the aim of increasing the data protection and data security of our enterprise and to achieve an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from all personal data provided by a data subject.
5. CONTACT POSSIBILITY VIA THE APP
The App of Kopesi contains information that enables a quick electronic contact to our enterprise, as well as direct communication with us, which also includes a general address of the so-called electronic mail (email address). If a data subject contacts the controller by email or via a contact form, the personal data transmitted by the data subject are automatically stored. Such personal data transmitted on a voluntary basis by a data subject to the data controller are stored for the purpose of processing or contacting the data subject. There is no transfer of this personal data to third parties.
6. CCPA PROVISO
The California Code of Regulations defines a "resident" as:
Every individual who is in the State of California for other than a temporary or transitory purpose and
Every individual who is domiciled in the State of California who is outside the State of California for a temporary or transitory purpose
All other individuals are defined as "non-residents."
If this definition of "resident" applies to you, certain rights and obligations apply regarding your personal information.
if you are a resident of California, you are granted specific rights regarding access to your personal information.
Your California Privacy RightsIf you are a California resident, you have the following rights specifically under the California Consumer Privacy Act:
Right to Know. You have the right to know and see what data we have collected about you over the past 12 months, including:
(1) The categories of personal information we have collected about you;
(2) The categories of sources from which the personal information is collected;
(3) The business or commercial purpose for collecting your personal information;
(4) The categories of third parties with whom we have shared your personal information; and
(5) The specific pieces of personal information we have collected about you.
Right to Delete. You have the right to request that we delete the personal information we have collected from you (and direct our service providers to do the same).
If you are under 18 years of age, reside in California, and have a registered account with the App, you have the right to request removal of unwanted data that you publicly post on the App. To request removal of such data, please contact us using the contact information provided below, and include the email address associated with your account and a statement that you reside in California. We will make sure the data is not publicly displayed on the App, but please be aware that the data may not be completely or comprehensively removed from all our systems (e.g., backups, etc.).
Other Rights. California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided in this document.
Certain information may be exempt from such requests under applicable law. For example, we need certain types of information so that we can provide the App to you. If you ask us to delete it, you may no longer be able to access or use the App.
To exercise your rights under the California Consumer Privacy Act, please contact us by either sending us an e-mail at support@simbasosbutton.com. Please provide your full name and e-mail address so that we may respond to your request as quickly as possible. You may be required to verify your identify before we fulfil your request. To do so, you will need to provide us with certain account information, such as your full name and email address. You can also designate an authorized agent to make a request on your behalf. To do so, you must provide us with written authorization for the agent to act on your behalf. You will still need to verify your identity directly with us.
7. SECURITY
This App ensures that data is encrypted when leaving the App. This process involves the converting of information or data into a code to prevent unauthorised access. This App follows this process and employs secure methods to ensure the protection of all credit and debit card transactions. Encryption methods such as SSL are utilised to protect customer data when in transit to and from this App over a secure communications channel. Whilst we do everything within our power to ensure that personal data is protected at all times from our App, we cannot guarantee the security and integrity of the information that has been transmitted to our App.
8. ROUTINE ERASURE AND BLOCKING OF PERSONAL DATA
The data controller shall process and store the personal data of the data subject only for the period necessary to achieve the purpose of storage, or as far as this is granted by the European legislator or other legislators in laws or regulations to which the controller is subject.
If the storage purpose is not applicable, or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data are routinely blocked or erased in accordance with legal requirements.
9. RIGHTS OF KENYAN DATA SUBJECTS
If you are a Kenya resident, you have the following rights specifically under The Data Protection Act 2019:
Right to be informed
The data subject has the right to be informed about the collection of their personal data. This includes everything from what data is being collected, the purpose of the collection and if it is shared with any third parties.
Right to access
Besides knowing about the collection of their data, the data subject also has the right access the collected data.
Right to erasure
This right is not absolute, meaning it only applies under certain circumstances, which are: When the data is outdated, incomplete, inaccurate, or misleading, when the data controller or processor no longer has the authority to hold the data or when the data has been obtained unlawfully, and when it is excessive or irrelevant.
Right to opt-out
Data subjects have this right to opt out of the collection entirely.
Right to rectification
Kenya’s Data Protection Act provides the data subjects with the right to correct or delete false or misleading data. Data subjects may also update their data.
Right to data portability
Data subjects have the right to receive their data in a “structured, commonly used, machine-readable format, to transmit this ported data to another data controller or processor, or to request the transfer to another data controller or processor where possible”.
Right not to be subject to automated decision-making
The data subjects have the right to not be subject to automated decision-making. This includes profiling, which may produce legal effects on or may significantly affect the data subject.
10. RIGHTS OF THE EU DATA SUBJECTS
If you are an EU resident, you have the following rights specifically under GDPR:
Right of confirmation
Each data subject shall have the right granted by the European legislator to obtain from the controller the confirmation as to whether or not personal data concerning him or her are being processed. If a data subject wishes to avail himself of this right of confirmation, he or she may, at any time, contact us or another employee of the controller.
Right of access
Each data subject shall have the right granted by the European legislator to obtain from the controller free information about his or her personal data stored at any time and a copy of this information. Furthermore, the European directives and regulations grant the data subject access to the following information: the purposes of the processing; the categories of personal data concerned; the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organizations; where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period; the existence of the right to request from the controller rectification or erasure of personal data, or restriction of processing of personal data concerning the data subject, or to object to such processing; the existence of the right to file a complaint with a supervisory authority; where the personal data are not collected from the data subject, any available information as to their source; the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) of the GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and envisaged consequences of such processing for the data subject.
Furthermore, the data subject shall have a right to obtain information as to whether personal data are transferred to a third country or an international organization. Where this is the case, the data subject shall have the right to be informed of the appropriate safeguards relating to the transfer. If a data subject wishes to avail himself of this right of access, he or she may at any time contact our us or another employee of the controller.
Right to rectification
Each data subject shall have the right granted by the European legislator 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 data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement.
If a data subject wishes to exercise this right to rectification, he or she may, at any time, contact us or another employee of the controller.
Right to erasure (Right to be forgotten)
Each data subject shall have the right granted by the European legislator to obtain from the controller the erasure of personal data concerning him or her without undue delay, and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies, as long as the processing is not necessary:
The personal data is no longer necessary in relation to the purposes for which they were collected or otherwise processed.
The data subject withdraws consent to which the processing is based according to point (a) of Article 6(1) of the GDPR, or point (a) of Article 9(2) of the GDPR, and where there is no other legal ground for the processing.
The data subject objects to the processing in accordance with Article 21(1) of the GDPR, and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) of the GDPR.
The personal data have been unlawfully processed.
The personal data must be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.
The personal data have been collected in relation to the offer of information society services referred to in Article 8(1) of the GDPR.
If one of the aforementioned reasons applies, and a data subject wishes to request the erasure of personal data stored by Kopesi, he or she may at any time contact our us or another employee of the controller. Kopesi or another employee shall promptly ensure that the erasure request is complied with immediately.
Where the controller has made personal data public and is obliged pursuant to Article 17(1) to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform other controllers processing the personal data that the data subject has requested erasure by such controllers of any links to, or copy or replication of, those personal data, as far as processing is not required. Kopesi or another employee will arrange the necessary measures in individual cases.
Right of restriction of processing
Each data subject shall have the right granted by the European legislator to obtain from the controller restriction of processing where one of the following applies:
The accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data. The processing is unlawful, and the data subject opposes the erasure of the personal data and requests the restriction of their use instead.
The controller no longer needs the personal data for the processing, but they are required by the data subject for the establishment, exercise, or Defence of legal claims.
The data subject has objected to processing pursuant to Article 21(1) of the GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.
If one of the conditions as mentioned above is met, and a data subject wishes to request the restriction of the processing of personal data stored by Kopesi, he or she may at any time contact us or another employee of the controller. Kopesi or another employee will arrange the restriction of the processing.
Right to data portability
Each data subject shall have the right granted by the European legislator, to receive the personal data concerning him or her, which was provided to a controller, in a structured, commonly used, and machine-readable format. He or she shall have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided. As long as the processing is based on consent pursuant to point (a) of Article 6(1) of the GDPR or point (a) of Article 9(2) of the GDPR, or on a contract pursuant to point (b) of Article 6(1) of the GDPR, and the processing is carried out by automated means, as long as the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
Furthermore, in exercising his or her right to data portability pursuant to Article 20(1) of the GDPR, the data subject shall have the right to have personal data transmitted directly from one controller to another, where technically feasible and when doing so does not adversely affect the rights and freedoms of others.
In order to assert the right to data portability, the data subject may at any time contact Kopesi or another employee.
Right to object
Each data subject shall have the right granted by the European legislator to object, on grounds relating to his or her particular situation, at any time, to processing of personal data concerning him or her, which is based on point (e) or (f) of Article 6(1) of the GDPR. This also applies to profiling based on these provisions.
Kopesi shall no longer process the personal data in the event of the objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights, and freedoms of the data subject, or for the establishment, exercise, or Defence of legal claims.
If Kopesi processes personal data for direct marketing purposes, the data subject shall have the right to object at any time to the processing of personal data concerning him or her for such marketing. This applies to profiling to the extent that it is related to such direct marketing. If the data subject objects to Kopesi to the processing for direct marketing purposes, Kopesi will no longer process the personal data for these purposes.
In addition, the data subject has the right, on grounds relating to his or her particular situation, to object to processing of personal data concerning him or her by Kopesi for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) of the GDPR, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
In order to exercise the right to object, the data subject may directly contact Kopesi or another employee. In addition, the data subject is free in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, to use his or her right to object by automated means using technical specifications.
Automated individual decision-making, including profiling
Each data subject shall have the right granted by the European legislator 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, as long as the decision (1) is not is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) is not authorized by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, or (3) is not based on the data subject’s explicit consent.
If the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) it is based on the data subject’s explicit consent, Kopesi shall implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and contest the decision.
If the data subject wishes to exercise the rights concerning automated individual decision-making, he or she may at any time directly contact Kopesi or another employee of the controller.
Right to withdraw data protection consent
Each data subject shall have the right granted by the European legislator to withdraw his or her consent to the processing of his or her personal data at any time.
If the data subject wishes to exercise the right to withdraw the consent, he or she may at any time directly contact Kopesi or another employee of the controller.
11. HOW DO WE HANDLE YOUR SOCIAL LOGINS?
If you register or log in to our Platform using a social media account, we may have access to certain information about you.
Our Platform offers you the ability to register and login using your third-party social media account details (like your Facebook, Google, or Apple logins). Where you choose to do this, we will receive certain profile information about you from your social media provider. The profile Information we receive may vary depending on the social media provider concerned, but will often include your name, email address, friends list, profile picture as well as other information you choose to make public on such social media platform.
We will use the information we receive only for the purposes that are described in this document or that are otherwise made clear to you on the Platform. Please note that we do not control, and are not responsible for, other uses of your personal information by your third-party social media provider. We recommend that you review their privacy notice to understand how they collect, use, and share your personal information, and how you can set your privacy preferences on their sites and apps.
12. OUR SERVICE PROVIDERS AND THEIR PURPOSE
We only share and disclose your information with the following third parties. We have categorized each party so that you may easily understand the purpose of our data collection and processing practices. If we have processed your data based on your consent and you wish to revoke your consent, please contact us using the contact details provided in this Privacy Policy.
| S. No. | Service Providers | Purpose |
|---|---|---|
| 1. | Facebook Login | User Account Registration |
| 2. | Google Login | User Account Registration |
| 3. | Apple Login | User Account Registration |
| 4. | Apple Pay | Payment Processor |
| 5. | Google Pay | Payment Processor |
13. PAYMENT METHOD: DATA PROTECTION PROVISIONS ABOUT THE USE OF THE FOLLOWING PAYMENT PROCESSORS
Apple Pay
If you choose the payment method "Apple Pay" of Apple Distribution International (Apple), Hollyhill Industrial Estate, Hollyhill, Cork, Ireland, the payment processing is carried out via the "Apple Pay" function of your terminal operated with iOS, watchOS or macOS by debiting a payment card deposited with "Apple Pay". Apple Pay uses security features built into the hardware and software of your device to protect your transactions. In order to release a payment, it is therefore necessary to enter a code previously defined by you and to verify it using the "Face ID" or "Touch ID" function of your terminal.
For the purpose of payment processing, the information you provide during the ordering process, along with information about your order, will be transmitted to Apple in encrypted form. Apple then re-encrypts this data with a developer-specific key before sending the data to the payment service provider of the payment card stored in Apple Pay for payment processing. The encryption ensures that only the website from which the purchase was made can access the payment data. Once the payment has been made, Apple will send your device account number and a transaction-specific dynamic security code to the originating website to confirm payment.
If personal data are processed in the described transmissions, the processing is carried out exclusively for the purpose of payment processing in accordance with Art. 6 Para. 1 letter b GDPR.
Apple retains anonymized transaction information, including the approximate amount of the purchase, the approximate date and time, and whether the transaction was completed successfully. Anonymization completely eliminates the possibility of personal identification. Apple uses the anonymized data to improve Apple Pay and other Apple products and services.
When you use Apple Pay on iPhone or the Apple Watch to complete a purchase made through Safari on Mac, the Mac and the authorization device communicate through an encrypted channel on Apple's servers. Apple does not process or store this information in a format that can identify you personally. You can disable the ability to use Apple Pay on your Mac in your iPhone preferences. Go to "Wallet & Apple Pay" and disable "Allow payments on Mac".
For more information about Apple Pay's privacy policy, please visit the following web address: https://support.apple.com/de-de/HT203027
Google Pay
If you choose the payment method "Google Pay" of Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland ("Google"), the payment processing is carried out via the "Google Pay" application of your mobile device operated with at least Android 4.4 ("KitKat") and having an NFC function by charging a payment card deposited at Google Pay or a payment system verified there (e.g., PayPal).
For the purpose of payment processing, the information you provide during the ordering process, together with the information about your order, is passed on to Google. Google then transmits your payment information stored in Google Pay in the form of a uniquely assigned transaction number to the source website, which is used to verify that payment has been made. This transaction number does not contain any information about the real payment data of your means of payment deposited with Google Pay but is created and transmitted as a uniquely valid numeric token. For all transactions via Google Pay, Google acts only as an intermediary to process the payment transaction. The transaction is carried out exclusively in the relationship between the user and the source website by debiting the means of payment deposited with Google Pay.
If personal data are processed in the described transmissions, the processing is carried out exclusively for the purpose of payment processing in accordance with Art. 6 Para. 1 letter b GDPR.
Google reserves the right to collect, store and evaluate certain transaction-specific information for each transaction made via Google Pay. This includes the date, time and amount of the transaction, merchant location and description, a description provided by the merchant of the goods or services purchased, photos that you attached to the transaction, the name and email address of the seller and buyer or the sender and recipient, the payment method used, your description of the reason for the transaction, and the offer associated with the transaction, if any.
According to Google, this processing is carried out exclusively in accordance with Art. 6 para. 1 lit. f GDPR on the basis of the legitimate interest in proper accounting, verification of transaction data and optimization and maintenance of the functionality of the Google Pay service.
Google also reserves the right to combine the processed transaction data with other information that is collected and stored by Google when using other Google services.
The terms of use of Google Pay can be found here: https://payments.google.com/payments/apis-secure/u/0/get_legal_document?ldo=0&ldt=googlepaytos&ldl=de
Further information on data protection at Google Pay can be found at the following Internet address: https://payments.google.com/payments/apis-secure/get_legal_document?ldo=0&ldt=privacynotice&ldl=de
14. LEGAL BASIS FOR THE PROCESSING
Art. 6(1) lit. a GDPR serves as the legal basis for processing operations for which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is party, as is the case, for example, when processing operations are necessary for the supply of goods or to provide any other service, the processing is based on Article 6(1) lit. b GDPR. The same applies to such processing operations which are necessary for carrying out pre-contractual measures, for example, in the case of inquiries concerning our services. If we are subject to a legal obligation by which processing of personal data is required, such as for the fulfilment of tax obligations, the processing is based on Art. 6(1) lit. c GDPR. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or another natural person. Then the processing would be based on Art. 6(1) lit. d GDPR. Finally, processing operations could be based on Article 6(1) lit. f GDPR. This legal basis is used for processing operations which are not covered by any of the abovementioned legal grounds, if the processing is necessary for the purposes of the legitimate interests pursued by us or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data. Such processing operations are particularly permissible because they have been specifically mentioned by the European legislator. He considered that a legitimate interest could be assumed if the data subject is a client of the controller (Recital 47 Sentence 2 GDPR).
15. THE LEGITIMATE INTERESTS PURSUED BY THE CONTROLLER OR BY A THIRD PARTY
Where the processing of personal data is based on Article 6(1) lit. f GDPR our legitimate interest is to carry out our business in favour of the well-being of all our employees and the shareholders.
16. PERIOD FOR WHICH THE PERSONAL DATA WILL BE STORED
The criteria used to determine the period of storage of personal data is the respective statutory retention period. After expiration of that period, the corresponding data is routinely deleted, as long as it is no longer necessary for the fulfilment of the contract or the initiation of a contract. If the data subject requests for termination or terminates his Kopesi Account, the personal data shall be retained for a period of 1 year from date of termination.
17. PROVISION OF PERSONAL DATA AS STATUTORY OR CONTRACTUAL REQUIREMENT; REQUIREMENT NECESSARY TO ENTER INTO A CONTRACT; OBLIGATION OF THE DATA SUBJECT TO PROVIDE THE PERSONAL DATA; POSSIBLE CONSEQUENCES OF FAILURE TO PROVIDE SUCH DATA
We clarify that the provision of personal data is partly required by law (e.g., tax regulations) or can also result from contractual provisions (e.g., information on the contractual partner). Sometimes it may be necessary to conclude a contract that the data subject provides us with personal data, which must subsequently be processed by us. The data subject is, for example, obliged to provide us with personal data when we sign a contract with him or her. The non-provision of the personal data would have the consequence that the contract with the data subject could not be concluded. Before personal data is provided by the data subject, the data subject must contact us. We will clarify to the data subject whether the provision of the personal data is required by law, contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data and the consequences of non-provision of the personal data.