PRIVACY POLICY

 

The TELEMATIC Group and TELEMATIC Ltd. (owner of the brand m:PASS) respects your privacy. This policy explains the privacy practices of m:PASS Platform. (“m:PASS“) on www.m-pass.online (the “Website“) and with respect to m:PASS’s applications (the “Applications“) (Website and Applications collectively referred to as “Services“). It describes the ways M:PASS collects uses and discloses your Personal Information and the rights and options available to you. TELEMATIC companies worldwide (“TELEMATIC”) recognize the importance of protecting the privacy of all consumers (“you” or “user”) who visit the m:PASS hosted or sponsored websites. We also believe it is important to inform you about how we will use your personal information, and to give you choices about how this data will be used. For these reasons, we encourage you to read this Privacy Policy carefully. This Privacy Policy is directed and applicable to individuals who visit those portions of the m:PASS website accessible at www.m-pass.online, as well as and including any other m:PASS websites or web pages accessible through the m:PASS website or other promotional websites m:PASS hosts or sponsors such as minisites or pages on third party social networking services, directed at consumers in the EU, including those portions of the m:PASS website accessible by going to www.m-pass.online and selecting “EU” under the listings that appear below “EU” on the “Languages” page or link, (collectively the “Sites”). This Privacy Policy applies only to information collected by us via the Sites and does not extend to any other website, including other m:PASS country-specific pages or region-specific pages intended for non-U.S. users. The laws of the EU shall apply to the collection of Personal Information (as defined below in section 2.a.) and other information through the Sites., and to M:PASS’s use of such information. The laws of the EU and other countries to which we may transfer your personal information may not provide a level of protection equivalent to the laws in your home country, if you are accessing web pages intended for EU consumers from outside the EU.

Users can access the Services through our Website and/or Applications on Devices, and may access the Services through APIs, and through third-parties. A “Device” is any computer used to access the Services, including without limitation a desktop, laptop, mobile phone, tablet, or other consumer electronic device. This Privacy Policy governs your access of the Services, regardless of how you access them, and by using our Services you consent to the collection, transfer, processing, storage, disclosure and other uses described in this Privacy Policy. This policy does not cover data from which individual persons cannot be identified or situations in which pseudonyms are used.  (The use of pseudonyms involves the replacement of names or other identifiers with substitutes so that identification of individual persons is not possible.) We are making our best efforts in order to comply with European General Data Protection Regulation (“General Data Protection Regulation”, “GDPR”) as well other with other relevant EU data protection rules. This Website may include links to third-party websites, applications or plug-ins. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements.

COLLECTION AND USE OF INFORMATION: PERSONAL INFORMATION

In this policy, the term “Personal Information” means any information that may be used with reasonable efforts to contact you, home address, phone number and email addresses, etc.  Most of the Personal Information we collect is what you tell us how to contact you for our Services to interact with you.We collect some information on device-level events, such as crashes of the mobile application and battery life information, in order to provide customer service. Most of the other information we collect from your Devices, such as hardware IDs and device type, the request type, your network , the content of your request, and basic usage stats about your Device and use of the Services does not by itself identify you to m:PASS, though it may be unique or consist of or contain information that you consider personal.If you use our location-enabled Services, you may be sending us location information. This information may reveal your actual location, such as GPS data, or it may not, such as when you submit a partial address to look at a map of the area.When you use the Services, m:PASS may ask you to provide certain contact details, such as telephone number and e-mail address. Bear in mind that false, incorrect, or outdated information may impair m:PASS’s ability to provide you with the Services and to contact you when necessary.m:PASS will explicitly indicate the fields for mandatory completion. If you do not enter the requisite data in these fields, you may not be able to use the Services. Further information may be collected when m:PASS exchanges communications with you – for example, if you submit a request, contact m:PASS’s support team, or report a violation to the abuse team. While users can view our website by browsing anonymously, we collect identifiable personal information (“Personal Information”) about Sites users when they voluntarily provide it in the course of browsing or shopping on the Sites, including to make purchases from the Sites, voluntarily register or otherwise sign up with the Sites, or contact us via the Sites. Sites users may provide Personal Information for various reasons, including but not limited to, for the purposes of obtaining newsletters, product information, event information, and services, to answer surveys, enter contests and receive notice of other promotional opportunities, and to make purchases. The type of Personal Information that we may collect includes name, address, phone number, email address and purchase information to facilitate the sale of m:PASS products. We may also use the information that you provide to create a personal customer profile in order to let you know of products or events that may be of interest to you, to streamline future purchases, and for customer service purposes, such as following up on customers who have not checked out their abandoned shopping carts or to inquire about their use of the Sites. We may combine Personal Information we collect on the Sites with other information we otherwise collect online or offline about users to better tailor marketing or website content, including to measure the effectiveness of our advertising, or for other purposes, such as internal research. In addition, if you choose to participate in m:PASS-sponsored social media activities or offerings, including any links to social media services (e.g., plug-ins) on our Sites, or if you log into our Sites or a portion of our Sites through a social media service or similar tool, such as Log in with Facebook or Sign in with Twitter (whether the use of such tools to sign in is optional or mandatory), any information that these third-party social media sites collect as a function of your using those services or sign-in tools is subject to those respective entities’ own privacy policies. In addition, however, if you use those services or sign in to our Sites or a portion of our Sites using such third-party sign-in tools, certain Personal Information and related information from those third-party websites or services will be shared with m:PASS. We will treat this information shared with us in accordance with this Privacy Policy.

COLLECTION AND USE OF INFORMATION: NON-PERSONAL AND AUTOMATICALLY COLLECTED INFORMATION

We automatically collect certain aggregate information and other information when you visit the Sites. When in aggregated form, this information does not relate to a single identifiable visitor. It tells us such things as how many users visited the Sites and the pages accessed. Collecting this information helps us tailor our Sites to our visitors. Also, we may collect certain non-personal information at the individual level, although it typically is not associated with Personal Information. For example, when you visit the Sites to browse, read or download information, we automatically collect standard computer information that your browser sends to every website you visit, such as your IP address, browser type and language, access times and referring website addresses. We generally do not link this standard computer information to anything that will allow us to identify users unless to enforce compliance with our rules or terms of service, to protect our service, sites, users or others, or for certain online advertising activities relating to our users, including to measure the effectiveness of our advertising. In addition, we also may collect other information through “cookies” or “web beacons,” as explained  in the Cookie Policy.

SENSITIVE DATA

m:PASS does not collect Sensitive Data from its Customers or Employees.

RETENTION OF INFORMATION

If you are a customer of m:PASS or if you have requested a quote or information from m:PASS, we may retain your personal information or information about your project until such time that there is no legitimate business or legal reason for doing so. If you wish to have your data deleted before this time please contact us at customercare@m-pass.online to arrange for removal. We will respond to your request to change, correct or delete your information within a reasonable time frame and notify you of the action(s) we have taken. Information collected through the use of cookies is stored for 24 months and is kept anonymous unless you are a m:PASS customer or have completed a form. Retention of some data may be necessary for us to meet legal obligations or manage customer agreements as per our terms and conditions.

SHARING OF PERSONAL INFORMATION AND OTHER INFORMATION

Subject to the following paragraphs and the disclosures discussed in them, we will neither disclose nor sell any information about you to a party unaffiliated with us unless (i) required to do so by law or legal process; (ii) required to do so by law enforcement authorities or other government officials; (iii) we believe disclosure is necessary or appropriate to prevent physical harm, financial loss or injury to, or interference with, our rights or property or the rights or property of our users or others, or in connection with an investigation of suspected or actual illegal activity; (iv) we reasonably believe that you have used information from the Sites in order to commit unlawful acts or acts that may endanger the health and/or safety of the public; and/or (v) we believe the law in good faith requires such disclosure. In some cases personal data may be shared with certain third party service providers as well as between our internal departments (engineering, analytics, legal, customer and marketing, etc.) for the purposes specified in this Privacy Policy. We may appoint third party service providers to administer and/or operate certain functions or services on our behalf, the proper performance of which may require a transfer of the information submitted by you or the Personal Information collected about you. The functions or services include, for example, administering the Sites, delivery of products requested or ordered by you, and delivery of marketing or other communications to you about our products, services or special events. Any such transfer shall be subject to confidentiality and security obligations and for the sole purpose of the performance of those functions or services. We may also share your Personal Information with other third parties for joint marketing and promotions of products, services or events that may be of interest to you. Any transfers of Personal Information shall be subject to confidentiality and security obligations and for the sole purpose of the performance of those obligations. In addition, we also may share information with companies such as online network advertisers or similar entities that may deliver targeted ads to you and which also may automatically collect or receive information about your online activities over time and across different websites following your use of the Sites, in order to facilitate the delivery of advertising and communications tailored to your interests (for example, if you register with us or view a page on our Sites about a M:PASS product, you may receive an online advertisement for that or a related product on other third party websites on the Internet that you visit, or online network advertisers may use certain information they collect about you to assist with their delivery of advertisements for others). We also may place tailored ads on social media websites and services, which may entail our sharing of certain account-related information. For information on how to opt-out of allowing us to use your Personal Information for marketing, see below. You should be aware, however, that even if you opt-out of allowing us to use your information for marketing campaigns, we may still share certain information with third parties to comply with legal obligations. We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions. Some of our external third parties are based outside the European Union (EU) which means that the processing of your personal data will involve a transfer of data outside the EU. Whenever we transfer your personal data out of the EU, we ensure that at least one of the following safeguards is implemented:

  • we will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission;
  • where we use certain service providers, we may use specific contracts approved by the European Commission which give personal data the same protection it has in the EU;
  • where we use providers based in the US, we may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between the EU and the USA.

If there is neither adequacy decision nor appropriate safeguards implemented we still may transfer your personal data out of the EU due to following justifications:

  • we have been informed you about the possible risks of transfers of your personal data and you has explicitly consented to the proposed transfer of your personal data out of the EU;
  • the transfer is necessary for the performance of a contract concluded between you and us  or if you requested us to perform any pre-contractual measures;
  • the transfer is necessary for the conclusion or performance of a contract concluded between us and other natural or legal person for your benefit;
  • the transfer is necessary for important reasons of public interest;
  • the transfer is necessary for the establishment, exercise or defence of legal claims;
  • the transfer is necessary in order to protect your vital interests or interests of other persons in cases where you are physically or legally incapable of giving consent.

UNSOLICITED MATERIALS

Through the Sites, we request that you provide to us certain types of information so that we may better serve you. The requested information may include questions and comments about our products. Please do not provide us with materials, including but not limited to business, advertising, creative, marketing or any other types of proposals, concepts, know-how, ideas and the like (“Unsolicited Materials”). All Unsolicited Materials, including any unsolicited Personal Information (for example, Personal Information provided not in response to a specific request for such information, but in a free form text box), that we receive will not be subject to this Privacy Policy. By submitting any Unsolicited Materials, you agree that we shall have the sole discretion as to how to utilize such Unsolicited Materials and you automatically provide to us a perpetual, royalty free license to such end. If any Unsolicited Materials that you provide to us are protected by third party copyright, trademark or other proprietary rights, you agree to indemnify, defend, and hold harmless M:PASS, its parent, subsidiaries and/or affiliated entities, and its and their respective officers, directors, employees, agents, licensors, representatives, and third party providers (collectively, “the M:PASS Indemnitees”), against any claims or actions brought against any of the M:PASS Indemnitees arising out of or relating to our use or possession of the Unsolicited Materials.

SECURITY

Protecting your information is of primary concern to us. We store the information that we collect on secure servers and otherwise take reasonable precautions to protect your Personal Information. However, we cannot warrant and do not represent that our level of security meets or exceeds any specific standards. No Internet transmission is 100% secure or error-free, nor is stored data free from vulnerabilities. We cannot guarantee the security of our websites, databases or services, nor can we guarantee that the information you supply will not be intercepted while being transmitted to us over the Internet. We are not responsible for the actions of third parties.  We use reasonable security precautions to protect the security and integrity of your personal data, both during transmission and once we receive it, in accordance with this Privacy Policy and applicable law.  We have been making our best efforts to use all reasonable industry standards to secure your personal data. However, no method of electronic storage or Internet transmission is completely secure, and we can not guarantee that security breaches will not occur. Without limitation of the foregoing, we are not responsible for the actions of hackers and other unauthorized third parties that breach our reasonable security procedures.

UPDATING YOUR PERSONAL INFORMATION AND OPTING OUT OF MARKETING COMMUNICATIONS

If you want to update your Personal Information, you may access your personal profile online, if one exists or is accessible, and change your entry. You may choose to unsubscribe from marketing emails by sending an email to customercare@m-pass.online or by utilizing the unsubscribe link on our marketing emails. Please note that any requests may take up to four weeks to become effective. Even if you opt-out of marketing communications, we may still contact you to send you important information regarding the operation or administration of your personal profile or other non-marketing information. For additional information regarding our policies regarding the Sites please see Legal Statement. You may also opt-out of targeted ads in some instances by clicking on certain links that may be provided in an online ad, which provide additional information about such opt-outs or by visiting the following third party website and exercising certain choices: http://www.aboutads.info/choices/ .

CORPORATE CHANGE OF CONTROL

Personal Information collected over the Sites may be transferred as part of any merger, acquisition or sale of company assets, as well as in the unlikely event of an insolvency, bankruptcy, or receivership in which Personal Information would be transferred to another entity.

CHILDREN’S PRIVACY

Our Service does not address anyone under the age of 18 (“Children”)and we do not intentionally collect or maintain any Personal Information from anyone under the age of 18. If you are a parent or guardian and you are aware that your Children has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.  This Website may only be used by natural persons (individuals), companies or other legal entities who have the legal capacity to enter into legally binding contracts under the law applicable in their country of residence. By agreeing to this Privacy Policy, you represent that you are of legal age in your country of residence. This Website is not intended for children and we do not intentionally collect data relating to children.

CHANGES TO THIS PRIVACY POLICY

We reserve the right, in our sole discretion, to modify, alter or otherwise update this policy at any time and you agree to be bound by such modifications, alterations or updates. We will notify you of material changes to this Privacy Policy by posting the revised policy with the date it was revised on this page and if you have registered with us, we may notify you by email to your email address of record. Your continued use (including access, browsing and/or use of any interactive feature) of our Sites constitutes your agreement to this Privacy Policy and any updates. We encourage you to periodically review this Privacy Policy to stay informed about how we are protecting the Personal Information we collect.

REQUEST FOR INFORMATION

Sometimes we may need to request specific information from you in order to confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

TIME LIMIT TO RESPOND

We will make our best efforts to respond to all your legitimate requests within 1 (one) month. Sometimes it may take us longer than a 1 (one) month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

COMPLAINTS

To bring you the Services, we operate globally. TELEMATIC complies with the EU-US and Swiss-US Privacy Shield principles (the “Principles”) regarding the collection, use, sharing, and retention of personal information from the European Union and Switzerland, as described in our EU-US Privacy Shield certification and Swiss-US Privacy Shield certification. If you have a Privacy Shield-related complaint, please contact us at customarecare@m-pass.online. As part of our participation in Privacy Shield, if you have a dispute with us about our adherence to the Principles, we will seek to resolve it through our internal complaint resolution process, alternatively through the independent dispute resolution body JAMS, and under certain conditions, through the Privacy Shield arbitration process. Residents of the European Union or Switzerland may elect to arbitrate unresolved complaints but prior to initiating such arbitration, you must: (1) contact us and afford us the opportunity to resolve the issue; (2) seek assistance from our designated independent recourse mechanism above; and (3) contact European Data Protection Authority) and afford time to attempt to resolve the issue. Each party shall be responsible for its own attorney’s fees. Please be advised that, pursuant to the Privacy Shield, the arbitrator(s) may only impose individual-specific, non-monetary, equitable relief necessary to remedy any violation of the Privacy Shield Principles with respect to the individual.

Privacy Shield participants are subject to the investigatory and enforcement powers of the US Federal Trade Commission and other authorized statutory bodies. Under certain circumstances, participants may be liable for the transfer of personal information from the EU or Switzerland to third parties outside the EU and Switzerland. As required under the principles, when we receive information under the Privacy Shield and then transfer it to a third-party service provider acting on our behalf, Indiegogo has certain liability under the Privacy Shield if both (i) the agent processes the information in a manner inconsistent with the Privacy Shield and (ii) we are responsible for the event giving rise to the damage. Learn more about the EU-US Privacy Shield and Swiss-US Privacy Shield. If you are US resident and you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact U.S.-based third party dispute resolution provider (free of charge) at https://feedback-form.truste.com/watchdog/request.  If you are EU resident, you have the right to make a complaint at any time to the The Office for Personal Data Protection (OPDP), which is the supervisory authority for data protection issues in the Czech Republic (https://www.uoou.cz/). However, we would appreciate the possibility to deal with your concerns before you send your complaint to OPDP so please contact us in the first instance.

CONTACTING US

If you have any questions or concerns about this Privacy Policy or the collection, use or handling of your personal information, please contact us at any time  via sending an email to: customercare@m-pass.online    via writing us to : TELEMATIC s.r.o, Bulharska 9, 360 01 Karlovy Vary, Czech Republic,      Attn: Customer Care