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--- manual:about:gdpr [2018/08/07 15:32] – created mstupka
+++ manual:about:gdpr [2021/02/19 15:05] – mstupka
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-====== Consent with the processing of personal data ======
+====== Personal Data Processing Policy ======
 ----
-To meet the requirements of the Regulation of the European Parliament and the Council (EU) 2016/679 (hereinafter the “**GDPR**”), we are obliged to ask you for your consent with the processing of your personal data required by this application. The following form will allow you to express or to refuse your consent with the processing of your personal data and to select purposes for which your personal data will be processed.
-The personal data controller will always be **Asamm Software, s.r.o.**, ID No.: 24225321, registered office Krhanická 719/25, Kamýk, 142 00 Praha 4, Czech Republic (hereinafter the “**Controller**”), which is the provider of the application “Locus Map” (hereinafter the “**application**“).
-The application “Locus Map” contains the following functions which require the processing of personal data:
+In accordance with Regulation of the European Parliament and of the Council (EU) 2016/679 ("GDPR"), this Personal Data Processing Policy provides all relevant information on the processing of personal data pertaining to you, the data subject, in connection with the Locus Map application and related services, including the web platform (jointly referred to as "Application"). This Personal Data Processing Policy does not apply to the Locus Forum and Locus Helpdesk platforms, offered as separate services.
-===== 1) Location data =====
-The application is, by nature, a map navigation. Therefore, it needs to know your base location at the launch to correctly fix and display your base location on the map. Upon the introductory launch, the application will therefore ask your mobile device (hereinafter the “**device**”) for information about your last known location. Such information about your last known location obtained from your device is processed and stored by us only until the moment when the application will obtain from the device an update of the location data but not later than until the closing of the application on the device.
+===== Who is responsible for processing your personal data? =====
-===== 2) Locus World – user name, e-mail and photo =====
-These data represent for us the basic user data, which we use for the identification of the user and protection of the other personal data. The Locus World function will create a unique user account for you. When you log into the Locus World function in the application through a social network, you grant us consent with the processing of your user name, e-mail address and photo which you use in the relevant social network. We will process these data during the existence of your user account in the Locus World, but not later than until the withdrawal of your consent. Locus World will enable you to use the functions of the application which are described below and which require clear identification of users, such as the Live Tracking and Locus Store.
+The controller of personal data is Asamm Software, s.r.o., Business ID: 24225321, a company with registered office at Krhanická 719/25, 142 00 Prague 4 – Kamýk, Czech Republic ("Controller" or "We").
-===== 3) The Live Tracking function – user name and localization data =====
-You may elect as the purpose of processing of your user name and current localization data either a public or private sharing of your geographic position in real time to an unspecified group of other people and saving the record of your previous route in the application. You select between the private and public sharing of your current position in real time directly in the application.
+===== For what purposes do We process your personal data? =====
-In case of the public sharing of your position, your user name and current geographic position will be publicly displayed to all people joining the Controller's website at the address [[http://www.locusmap.eu/live-tracking/|www.locusmap.eu/live-tracking/]] (hereinafter the “**Website**”) and in the Locus Map application. The Controller does not block from its side the access to the Website from any countries, including those situated outside the European Union.
-On the contrary, if your set up private sharing of your position, your user name and current geographic position will only be displayed to a smaller group of users of the application, who are located in the “room” of the application, which is a set of users of the application connected by means of a unique key known to them. Under the private sharing mode of the position, your position is not displayed on the Website.
+The purpose of processing your personal data is to allow you to use the Application and related services, to carry out the maintenance and improvement of the functions of the Application, and to communicate with you, given that you are the Controller's customer.
-For the Live Tracking function, we store the user name for the entire period for which you have installed the application in the device; however, after you close the application in the device, the current location data will be removed without undue delay. The name and location data are only shared in the Live Tracking after the activation of the Live Tracking function in the application and lasts until it is deactivated by you or until you terminate the application in your device. We will inform you of the fact that you have activated the Live Tracking and your name and current location is being shared by displaying rotating arrows in the system bar of your device.
+Your personal data are necessary for creating your user account through which you will be able to use certain functions of the Application. In addition, the Application allows, either publicly or privately, sharing your geographic position in real time with an unspecified number of other persons as well as storing a record of your previous itinerary recorded in the Application.
-===== 4) Track recording function – health data, age, weight, sex, location =====
-The Track recording function monitors your sports activity. For this purpose, the application analyses your age, weight, sex, body height and pulse, from which it derives by profiling your body mass index and counts calories burnt during your movement. All data recorded by the Locus Tracking function will be saved locally in your device in the relevant application folder and will not be removed by uninstallation of the application.
+Profiling takes place only in the framework of the use of the Locus Store function (improvement of commercial offers based on your Locus Store purchase history) and the Track Recording function (for example, the calculation of calories burned during sports activities).
-===== 5) Locus Store function – user name, e-mail address, location data, shopping history =====
-The Locus Store function allows shopping or expansion of the internal functions of the application, such as obtaining further maps. We process these data to be able to clearly identify you for the purpose of expansion of the application and presenting to you more relevant offers in the Locus Store.
+===== What personal data do we process? =====
-**By checking the field “//I grant consent with the processing of my personal data//” __at the end of this form, you grant to the Controller voluntary consent with the processing of your personal data for purposes selected by you__** (hereinafter the “**Consent**”).
+When you use the Application, we collect and process some or all of the following data, which you provide during registration, which are generated while you use the Application, or which you enter into the Application.
+The mandatory data needed for the registration of your account in the Application include first name, last name, and e-mail address. The same applies to logging into the Application through third-party services and social networks, such as Facebook.
-At the same time, you declare that you provide the personal data by yourself on your own behalf freely and voluntarily and are **older than 16 years of age.** Unless stated otherwise above, your personal data will be stored during the entire existence of this Consent until its withdrawal (if any), unless the legal grounds for their processing terminates otherwise earlier. In certain cases, however, we will be entitled to process your personal data even after the withdrawal of the Consent, e.g. if you purchase any paid content of the application in the Locus Store. In such cases, we will process your personal data – the name and e-mail address – for the period of three years, which corresponds to the period of existence of claims under the purchase contract.
+Since the Application has a nature of map and navigation software, it uses location data from your mobile device to determine your position.
-Under the GDPR, you have the right:
+If you use the Application's relevant functions, we collect data on your history of purchases made via the Application, ways in which you use the Application, location data, and search history. If you use the Application's web platform, we also retain the IP address for the purpose of communicating with your device.
-  * to withdraw this Consent at any time
+Optional data you provide during registration include your profile photograph and designation of your end-user device. If you use the relevant functions, you can also upload multimedia content into the Application, such as your photographs in specific locations.
-  * to obtain from the Controller a confirmation whether the personal data are or are not being processed
-  * to obtain access to the personal data and information with regard to:
-    * the purpose of their processing
-    * categories of the relevant data
-    * recipients or categories of recipients to whom the personal data have been or will be disclosed, particularly of recipients from third countries outside the European Union and international organizations
-    * the scheduled period of storing of the personal data and if undeterminable, the criteria used for the determination of such period
-    * the existence of the right to request from the Controller rectification or erasure of the personal data or restriction of their processing or to object against the processing
-    * the sources of personal data if not obtained from you
-    * information about automated decision-making, including profiling, and to obtain in such cases meaningful information relating to the applied procedure and the meaning and possible consequences of such processing for you as the data subject
-    * the existence of appropriate safeguards relating to transfers if the personal data are transferred to a third country outside the European Union or to an international organization
-  * not to be the object of any decision based solely on automated processing, including profiling, which would have any legal effects for you or would otherwise materially affect you, except in cases where such decision would be based on your express consent
-  * to lodge a complaint with a supervisory authority, particularly in the Member State of your usual residence, place of employment or other place where the alleged breach has occurred if you believe that your personal data are processed in conflict with the GDPR, as well as the right to effective judicial protection against a legally binding decision of the supervisory authority
-  * to receive compensation from the Controller or from a processor compensation for any material or non-material damage suffered a as a result of an infringement of the GDPR
-  * to request a copy of the processed personal data, also in electronic form
-  * to request rectification of personal data without undue delay and their supplementing if incomplete, also by providing an additional declaration
-  * to request erasure of the personal data without undue delay if
-    * they are no longer required for the purposes for which they have been collected
-    * you have withdrawn the Consent and there is no other legal reason for the processing of personal data
-    * the personal data have been processed unlawfully
-    * the personal data must be erased to fulfil a legal obligation under the law
-  * to obtain personal data in a structured, commonly used machine-readable format
-  * to transfer the personal data to another controller without obstacles, also through the Controller if technically feasible
-  * to request restriction of the processing of your personal data if:
-    * you contest their accuracy, for the period required for the verification of their accuracy
-    * the processing is unlawful and instead of the erasure of the data, you will ask for the restriction of their use
-    * the Controller no longer needs the personal data for processing purposes but you request them for the determination, exercise or defence of legal claims
-    * you raise an objection against their processing, until it is verified whether the Controller's legitimate interests prevail over your justified reasons
-The provision of personal data is based on this Consent.
+In addition, the Application can optionally process your biometric data. For the purposes of calculating other parameters of recorded movement, you can enter into the Application such data as age, sex, height, and weight. Using the measuring capabilities of a suitable end-user device, the Application can also monitor and process such data as heart rate, heart rate bands, lactate threshold, cadence, and temperature. The scope of the foregoing data may change depending on the development of the Application's functions.
-The Controller advises you hereby that no automated individual decision-making or profiling based on the above-mentioned personal data within the meaning of the GDPR will occur.
-Any profiling is only carried out if you use the Locus Store function (for the improvement of commercial offers based on the shopping history in the Locus Store) and the Track Recording function (for the analysis of your BMI and calories burnt during sports activities. The Controller will share your current position and user name in the Live Tracking in line with your Consent and setup of the private or public sharing. Due to the nature of the public sharing in the Live Tracking function, your current position and user name will be on public display for anyone in the world. In all other cases, the Controller will not transfer personal data to any specific entities from third countries as defined in GDPR, or to any international organizations.
+The Application uses Firebase Analytics, analytical software provided by Google that analyses certain data on devices and ways in which the Application is used by the user. Such data are used exclusively for analytical purposes.
-You are also entitled to object at any time against the processing of personal data, including any profiling, due to reasons concerning your specific situation. The right to raise an objection at any time on the grounds concerning your specific situation also belongs to you in case of processing of your personal data for direct marketing purposes, including any related profiling.
+If you use the Application's web platform, we store cookies on your device. Cookies contain technical information necessary for communication, login into your user account, and, where applicable, analytical data.
+To use certain functions, such as functions related to the Geocaching service, you will be asked to log into third-party services. Login takes place directly within the third-party system, in which case we process through the Application only the verification identifier obtained from the login process or your user name and profile photograph from a given third-party service for the purpose of displaying them in the Application.
+===== What is the legal basis for processing your personal data? =====
+Processing some of your personal data is necessary for the performance of the license agreement you have entered into with Us ("License Agreement"), particularly for allowing your use of the Application's applicable functions. Such processing is compliant with Article 6(1)(b) GDPR.
+Some of your personal data pertaining to analytical outputs are further processed in accordance with Article 6(1)(f) GDPR, based on the Controller's legitimate interest in improving and maintaining the Application or, where applicable, for protecting property rights after the performance of the Licensing Agreement and for monetizing the Application through advertising.
+Based on the Controller's aforestated legitimate interest, the Controller will occasionally send you a newsletter to inform you about news concerning the Application.
+===== How long do we keep personal data? =====
+Data the processing of which is required for the purposes performing the License Agreement are processed for no longer than the term of the License Agreement, unless otherwise specified below. Basic identification data are processed during three years after the termination of the License Agreement, a period that coincides with the limitation period pertaining to property rights arising from the License Agreement. For the purposes of the "Live Tracking" function that allows sharing your current location, we process your current location data only until the time of exiting the Application; data are deleted without unnecessary delay afterward.
+You can change your optional data at any time, for example by deleting an uploaded photograph from the Application. In such a case, the Controller will terminate the processing of such data no later than as of the time at which regular backup data are deleted.
+Any and all personal data processed for analytical purposes are processed only until the compilation of statistical data; afterward, data are automatically deleted. The Controller subsequently analyzes only anonymized summary data.
+Cookies are kept for a period of 30 days after being stored on your device.
+Other data that are not listed above are processed no longer than until the time at which your user account will be deleted.
+===== To whom do we provide your personal data? =====
+Where the Controller transmits your personal data to third parties, the Controller does so for the purpose of fulfilling one of the purposes listed above. Typically, personal data are provided to personal data processors or to other controllers. In the further processing of your personal data, the Controller uses third-party services inside and outside the European Union, such as Host Europe GmbH, DigitalOcean Inc., Google Inc., and Google Ireland Limited, that is entities providing services necessary for the operation of the Application, server hosting, and, where applicable, analytical services. Necessary personal data are provided to the foregoing entities exclusively for the foregoing purpose.
+For the purpose of providing personalized advertising in the Application through the Google AdSense platform, some of your personal data may be provided to third parties acting as independent controllers of such data. For additional information on the Google AdSense service, visit https://policies.google.com/technologies/ads.
+After logging into your user account in the Application and on the Controller's website at http://www.locusmap.app ("Website"), the Controller uses Firebase Authentication services provided by Google Ireland Limited. These services rely on a unique identifier (ID token) for your identification across a variety of the Controller's and third-party services. The ID token contains your basic identification data, particularly first name, last name, e-mail address, IP address, and, where applicable, profile photograph. For this purpose, we store your IP address for several weeks after login and the other data listed above until the time at which your user account used in the Application is fully closed. Subsequently, your data are stored for 180 days in the framework of the procedures for backing up data on our servers.
+In case that you activate the Application's incident reporting function, your location data and, if applicable, biometric data are transmitted to the contact persons you specify in the Application.
+Moreover, your personal data are also transmitted based on your consent and instruction you give us by using the applicable function that allows sharing selected data with third parties. Explicit information to the foregoing effect is provided to you through the Application. The Controller bears no liability for any processing carried out by the recipient of such data selected by you, owing to the absence of a decision on appropriate protection and adequate guarantees within the meaning of the GDPR, such transmission entails risk and may not provide sufficient protection for your personal data. If you choose to export your personal data to a recipient from a third country outside the European Economic Area, you will be asked for express consent prior to such transmission.
+If you share your itinerary from your library through the Website, you will be able to choose, prior to sharing, whether or not the itinerary will be shared in conjunction with your basic identification data (first name, last name, e-mail address, and, where applicable, uploaded photograph). This function is available only to registered users.
+If you decide to use the Application's Live Tracking function to share your current location in a public group, your user name and current geographic position will be publicly displayed to all persons visiting the Website as well as in the Locus Map application. The Controller does not unilaterally block access to the Website to users from any country, including countries outside the European Union. Selecting whether your current position is shared in real time privately and publicly can be done directly in the Application.
+Your name and location data are shared in the framework of the Live Tracking function only after the activation of the Live Tracking in the Application, and such sharing lasts until you deactivate this function or exit from the Application on your device. The fact that you activate the Live Tracking function and the fact that your name and current position at a given time are actively being shared is indicated in the Application by displaying a rotating arrows icon in the system tray of your device.
+===== What are your rights? =====
+You have the following rights under the GDPR:
+  * the right to request the Controller to provide access to personal data in accordance with Article 15 GDPR
+  * the right to request correction of personal data in accordance with Article 16 GDPR
+  * the right to request the erasure of unlawfully processed personal data in accordance with Article 17 GDPR
+  * the right to request restriction of personal data processing subject to the conditions laid down in Article 18 GDPR
+  * the right to portability of personal data in accordance with Article 20 GDPR
+  * the right to object the unlawful processing of personal data in accordance with Article 21 GDPR
+The Controller hereby informs you that no automated decisions will be made based on the aforestated personal data within the meaning of the GDPR.
+You also have the right to object the processing of personal data at any time, including, where applicable, profiling, due to reasons pertaining to your specific situation. You can exercise the right to raise objection at any time due to reasons pertaining to your specific situation in case that your personal data are processed for direct marketing purposes, including, where applicable, thereto related profiling.
+If the processing of your personal data violates any provision of the GDPR, you can contact the Controller to rectify the violation. In addition, you can submit the matter to the oversight body, specifically the Office for Personal Data Protection at Pplk. Sochora 27, 170 00 Prague 7, Czech Republic.
+The Controller may update this Personal Data Processing Policy from time to time as necessary. Kindly pay attention to the current version of this Personal Data Processing Policy, which is available HERE. We will inform you of updates of the Personal Data Processing Policy by sending a message to the e-mail address you provide during the registration of your user account through the Application or by means of notifications sent through the Application itself.

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