Effective date: 20 January 2021
THIS POLICY GOVERN YOUR, INCLUDING BOTH AS A GUEST AND A REGISTERED USER ("USER", "YOU" OR "YOUR") ACCESS AND ALL USE OF THE AGUARDIO, BUSINESS NO. 38512048, BUSINESS HOUSE, 7100 VEJLE, DENMARK ("COMPANY") ONLINE PRODUCT ASSISTANTS ("PLATFORM"), AND APPLIES TO ALL PROCESSING OF PERSONAL DATA.
BY ACCEPTING THIS POLICY, EITHER BY CHECKING A BOX AND/OR CLICKING A BUTTON INDICATING YOUR ACCEPTANCE (the earlier to occur, the “EFFECTIVE DATE”) YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE TERMS OF THIS POLICY.
You must be a minimum age of 16 to register on and use the Platform. By registering and using the you agree that you are 16 or older and understand your obligations under these Terms. If we learn that anyone younger than 16 has unlawfully provided us with Personal Data, we will take steps to delete such information where possible .
Aguardio, business no. 38512048, Business House, 7100 Vejle, Denmark is the data controller (under GDPR) for Personal Data collected and used with the purpose of providing the access to product after-sales services/assistants through the Platform.
The platform is delivered, operated and maintained by Layerise ApS, business no. 40409823, Trondhjemsgade 11 kl th, 2100 Copenhagen Ø (the "Platform Provider") and is acting as the data processor (under GDPR). However, to provide you with a fast log-in and access solutions to the Platform, Layerise ApS is however also a Data Controller for Personal Data required for your user profile in the Platform (ref. sec. Multiple User Profiles). The company and the Platform Provider may hereafter be referred to as a party (collectively "We", "Us" or the "Parties").
3. Collected Personal Data through the Platform
You can access and use the Platform without telling us who you are or revealing any Personal Data by which someone could identify you as a specific, identifiable individual.
Your Personal Data will be processed at the point of your registration in the Platform. Your Personal Data will also be processed if you request information from the Company or the Platform Provider. In accordance with the respective roles and responsibilities of the Data Controller and Data Processor and subject to a specific legitimate purpose, the collection and processing may include the following Personal Data:
- First Name
- Last Name
- Email address
- Phone number
- Profile image
- Purchase receipt as they may include personal data
- Chat history as it may include personal data
In most cases, majority of the Personal Data is directly collected from you via the Platform. However, Personal Data may also be provided to the Data Processor directly by the Company or through third-party services such as connections and/or links to third party services that the Customers enables to integrate with and access through the Platform, including, without limitation, via application programming interfaces, workflows or webhooks (“Third-Party Applications”).
Note that any anonymous information collected data which does not relate to any identifiable natural person may be used for any business, platform or practical purpose both by the Company and by the Platform Provider.
4. Purposes of and legal basis for processing Personal Data
In order to make the Platform available to you, or to meet a legal obligation, we need to collect and use certain Personal Data. If you do not provide the information that we request, we may not be able to provide you with the requested products or services. Any of the information we collect from you may be used for the following purposes:
|Processing activities||Purpose of processing||Grounds for processing|
|Providing access to the Platform and creating your user profile||To manage access and provide features in the Platform, hereunder; (a) to enable registration of product ownership; (b) to provide user profiles; (c) to allow chat functionality; and (d) to send activity reminder notifications||The legal basis for our processing is point (f) of article 6(1) of the GDPR as we are pursuing our legitimate interest, upon you request, to provide you with the access to the Platform.|
|Checking and correcting errors in the Platform||To enhance the Platform performance, security and experience, hereunder; (a) to improve user experience; and (b) to remove any bugs||The legal basis for our processing is point (f) of article 6(1) of the GDPR as we are pursuing our legitimate interest in correcting errors and improving the Platform, including making it more user-friendly and secure.|
|Complience with applicable law and enforcement of terms||To enforce our terms and establish complience, hereunder; (a) to enforce our terms and policies; and (b) to protect from abuse and malicious users; and (c) respond to legal requests and prevent harm||The legal basis for our processing is point (c) and (f) of article 6(1) of the GDPR as we are pursuing our legitimate interest and living up to our compliance oblications in securing a harmfree and compliant Platform.|
|Providing product and marketing communication||To provide information about products or sending marketing communication that you have asked for from the Company||The legal basis for our processing is point (a) of article 6(1) of the GDPR as we are providing communication both as marketing and product which will only be carried out on the basis of an explicit consent from you.|
Multiple User Profiles
If you register for an account with another Company which also relies on the Platform Provider for the delivery, operation and maintenance of the Platform, you will be allowed to use the same login details, including your user profile details, for the new Company account, granted that you use the same registration identifier. As a consequence, you will not have to register the same information several times. The Platform Provider is the Data Controller for the establishment such user accounts, including fault corrections and improvement in relation to the accounts.
5. Storage of Your Personal Data
We are required to only store your personal data for the period necessary for us to fulfil the purposes for which they were collected. For that reason, we have established the time limits for erasure set out in the table below. As a general rule, we erase or anonymise your personal data according to the time limits stated below unless it is necessary that we continue to store them, e.g. for the purpose of particular cases or the like.
|Processing activities||Purpose of processing|
|Providing access to the Platform and creating your user profile||As a general rule, Personal Data is deleted when there is no longer a need to process the personal data for the purpose for which they were collected. If you have not used the Platform with the use of your user profile details in five years, your Personal Data will be deleted automatically.|
|Checking and correcting errors in the Platform||As a general rule, the personal data included in the recorded log data are erased no later than 3 months after the particular actions on the Service are recorded.|
|Complience with applicable law and enforcement of terms||As a general rule, Personal Data is deleted when there is no longer a need to process the personal data for the purpose for which they were collected. If you have not used the Platform with the use of your user profile details in five years, your Personal Data will be deleted automatically.|
|Providing product and marketing communication||As a general rule, Personal Data is deleted when there is no longer a need to process the personal data for the purpose for which they were collected. If you have not used the Platform with the use of your user profile details in five years, your Personal Data will be deleted automatically.|
6. Your Rights
GDPR gives you certain rights with respect to your Personal Data being processed by Layerise, however under certain circumstances some rights are subject to limitation:
- Access: You can request more information about the Personal Data we hold about you and request a copy of such Personal Data.
- Rectification: If you believe that any Personal Data we are holding about you is incorrect or incomplete, you can request that we correct or supplement such data.
- Erasure: You can request that we delete some or all of your Personal Data from our systems.
- Withdrawal of Consent: If we are processing your Personal Data based on your consent (as indicated at the time of collection of such data), you have the right to withdraw your consent at any time. Please note, however, that if you exercise this right, you may have to then provide express consent on a case-by-case basis for the use or disclosure of certain of your Personal Data.
- Portability: You can ask for a copy of your Personal Data in a machine-readable format. You can also request that we transmit the data to another controller where technically feasible.
- Objection: You can contact us to let us know that you object to our applicable legal grounds for the further use or disclosure of your Personal Data for certain purposes, such as for direct marketing purposes.
- Restriction of Processing: You can ask us to restrict further processing of your Personal Data.
- Right to File Complaint: You have the right to lodge a complaint about Company’s practices with respect to your Personal Data.
7. Data Sharing
The Company or the Platform Provider will not, without your prior consent, disclose your Personal Pata to anyone, with the following exceptions:
- In the case that the Company or the Platform Provider are conducting a merger, reorganization, acquisition or other transfer of all or substantially all of your Personal Data, and where Personal Data must be disclosed to the potential acquirer or seller. In such case the potential acquirer or seller will have to sign a confidentiality agreement prior to obtaining access to the Personal Data;
- representatives or subcontractors that process Personal Data for the Company or the Platform;
- law enforcement officials or private parties as required by law, when we believe such disclosure is necessary or appropriate to (a) comply with applicable law; (b) enforce the terms and conditions that govern the Platform; (c) protect our rights, privacy, safety or property, and/or that of you or others; and (d) protect, investigate and deter against fraudulent, harmful, unauthorized, unethical or illegal activity, in the event of active or prospective litigation or arbitration, for regulatory compliance efforts and/or audit.
Right to withdraw consent (unsubscribing from marketing communication)
If you are no longer interested in receiving product information and/or marketing offers offered by the Company, you may withdraw your consent by unsubscribing from marketing communication in the Platform or by clicking the unsubscribe link inserted in the marketing e-mail.
In the case you have any questions regarding these Terms, please contact the Company at email@example.com or using the contact information provided in the Platform.
You can also contact the Platform Provider at firstname.lastname@example.org, however the Platform Provider is not required to respond to requests unless it is provided with sufficient details and the request can't be handled by the Company.