This policy sets out how we use your information and provides you with information about the personal data we collect, how we keep it secure, how we ensure your privacy is maintained and your rights relating to the personal information we hold about you.
This policy applies to you if you use any of the services of Promoty OÜ (“Promoty”) through Promoty’s marketplace software platform available online (“Promoty Platform”) and/or if you contact Promoty via email or phone to in-person to enquire about Promoty’s services or have phone or email contact with Promoty for support and incident resolving purposes.
Customer – natural or legal person/entity, who: (i) has agreed to the terms and conditions available on Promoty Platform; (ii) has registered an account type that is meant for campaign creation and brand management; and (iii) uses Promoty to create and conduct marketing activities.
User – natural or legal person/entity, who: (i) has agreed to the terms and conditions written available on Promoty Platform; and (ii) has registered an account type where the main purpose is to fulfill offers and find deals. Users use Promoty to find offers created by Customers and to use other digital services provided in the Promoty Platform (statistics, content planners etc.).
Who we are
Promoty Marketing OÜ is a company incorporated in Estonia (referred to as “we” or “us” in this policy) that produces and manages a marketplace software platform (Platform) that allows the Customer and the User to organize marketing activities between each other. The main purpose of the Platform is to provide means of communication and logistics between the two parties (Customer and User) automatically. The primary business of Promoty is to license the software Platform to Customers and Users. For a more thorough description of our services and how we provide them, please refer to the latest version of the Terms & Conditions of Promoty Marketing OÜ available on our website.
We understand that privacy and the security of the Customers’ employees and the Users’ personal information is extremely important and we are committed to maintaining the trust and confidence of everyone using the Promoty Platform.
It is our goal to always keep personal data secure and respect all privacy rights.
We will always handle personal data fairly and legally and are committed to being transparent about the data we collect and how we use it.
We don’t sell any information to other organisations and businesses, except that our partners may receive anonymised data aggregated for statistical purposes. Personal data is not included in such aggregated data.
The Data Protection Officer for Promoty Marketing OÜ is Leonardo Romanello (email@example.com)
Personal data we collect
We may collect the following information about the Customer’s employees and/ or Users:
1. first name and last name
3. contact details (telephone number, e-mail address, physical address)
4. personal identification code for natural persons and/or birth date for determining whether you are old enough to legally use Promoty Platform
5. other demographic information that you have entered into Promoty Platform
6. general payment information on deals conducted between Customers and Users, whereas more specified payment information is processed by our payment service provider, MangoPay and/ or other payment service providers in accordance with their payment service providers’ licenses
7. personal information available (if any) on Requests and Offers submitted by Customers and/ or Users, such as your image, if it is included on the Intellectual Property submitted by you via Promoty Platfom
8. account login details, including user name(s), company ID and similar, passwords
9. correspondence and communications with us
10. device ID and other details such as make and model and the version numbers of the operating system and application you use
11. on-line browsing activities on our websites and application
12. browsing activities leading to our website
13. your preferences in using the website or application (language, etc)
14. IP address
We may collect some of the above personal data directly, for example when the Customer’s employee or the User sets up an account on our Platform or sends an email or online inquiry to our customer success team. Other personal data is collected indirectly, for example, browsing or order activity.
The basis for the processing of data
Our legal basis for processing your personal data set out in 1-9 above is that it is necessary to fulfil our agreement with you, provide services to you as you requested and to comply with our legal obligations. Your personal information is needed to identify you, prevent frauds or other malicious activities, to enable you to conclude deals through Promoty Platform and send/ receive payments via Promoty’s payment partner(s). Users’ demographic data is processed with the purpose of connecting Users with the suitable Customers that are targeting a certain demographic profile in their Requests.
Our legal basis for processing your personal data for personal data set out in 10-14 above is our legitimate interest in enabling your access to our site, presenting relevant products and content to you, giving you a pleasant user experience and our legitimate interest in business development.
The use of personal data
The information we collect may be used to:
● provide products and services to you
● process Requests and Offers submitted by you
● enable sending and receiving payments for concluded deals via Promoty’s payment service partner(s)
● manage any account(s) that you hold with us
● verify your identity and ensure that our customers are genuine
● detect and/or prevent crime or fraud, and related purposes
● comply with Promoty’s legal obligations
● carry our statistical analysis
● conduct market research
● help us understand more about you as a customer
● personalize your experience with Promoty
● tailor our website to you
● improve our services, apps and websites
● contact you about products and services
● provide online advertising
● help answer your questions and solve any issues you have
● manage customer service interactions with you.
We will only use your personal data for marketing purposes with your consent which you can give when you sign up to use Promoty Platform. We may do this by post, email, text message, online or through social media, push notifications via apps, or other electronic means and will aim to update you about those products and services you are interested in or which are relevant to you.
You may amend your marketing preferences and have the right to opt-out of receiving promotional communications at any time, by:
· clicking the “unsubscribe” link in our emails or using the “STOP” number for texts
· contacting us.
We won’t send you marketing messages if you tell us not to, but we will still need to send you occasional service-related messages.
How we share your personal data
When you create a User account on Promoty’s Platform, your personal data will be shared with Promoty and Promoty’s employees on a need to know basis. In case you submit Offers or Candidacy Submissions to Customers, such Customers will receive your personal data to the extent needed for the Customer to assess whether to purchase Intellectual Property from you. We share your personal data within Promoty group to be able to provide services to you (different services may be set up in different Promoty entities).
To be able to send and receive payments, Promoty is legally required to use a licensed payment service provider. Promoty’s payment services partner is MangoPay with whom we share your personal data to the extent it is necessary for MangoPay to process payments in accordance with EU legislation. You may find more information on MangoPay here. MangoPay shall also share your personal data back with Promoty, to the extent this is required for Promoty to comply with applicable legal requirements (e.g. to prevent fraud and comply with AML rules).
As the recipients mentioned above may be established anywhere in the world, the personal data may be transferred globally. If data originating from the EEA is transferred to countries outside the EEA, we will adopt appropriate safeguards to protect privacy such as by means of agreements or by ensuring that the recipient is Privacy Shield certified. You may read more about the Privacy Shield framework here. We store personal data with the following hosting providers:
(1) Amazon Web Services – Cloud computing service provider. Your personal data is hosted in EU (Ireland)
Please note that due to the nature of Promoty Platform, the goal of which is sharing and transferring Intellectual Property created by Users, Promoty needs to process and use the data and media created by Customers and Users for the Platform to fulfill its purpose. Such Intellectual Property may contain personal data. In case of valid transfer of Intellectual Property from User to Customer and/ or Promoty (as described in Promoty Terms and Conditions), Promoty and the Customer are entitled to use such Intellectual Property, which may contain personal data, with the intent to do marketing, sales or public relations in the media as regulated in Terms and Conditions. In case you decide to sell intellectual property to Promoty or Customers that contains your personal data (your image), Promoty and Customer are entitled to use such personal data (image) as regulated in Terms and Conditions. In case you disagree to the above use of personal data, Promoty kindly asks you to refrain from uploading any Intellectual Property which contains personal data (such as your image) in its content.
Protection of personal data
Although we will do our best to protect personal data, we cannot guarantee the security of your data transmitted to our site. Any transmission is at your own risk. Promoty stores data in an encrypted format.
We recommend that you:
● keep your account passwords private
● change your password often
● do not use the same password for multiple accounts, applications or websites.
Storing your data
● We retain data to the extent required by law (such as tax/bookkeeping laws)
● We retain data such as contact data, subscription and transactions data and communication data to the extent relevant for limitation periods for potential claims (typical five to seven years after the date of purchasing services from Promoty)
● We retain data such as contact data, marketing data and preference data as long as you have consented to receive marketing communications from us.
● We retain indefinitely personal data (images) contained in Intellectual Property you have validly sold and transferred to Customer and/ or Promoty in accordance with the Terms and Conditions.
● In case you delete your account on Promoty Platform, all other personal data will be deleted within thirty (30) days.
Your privacy rights
Within the conditions/limitations set out in applicable law, you have the following privacy rights:
Right to information. You have the right to obtain further information on our use of your personal data.
Right of access. You have the right to receive a copy of your personal data.
Right to rectification. You have the right to ask us to correct your personal data if it is incorrect or incomplete, such as by changing your details on your account.
Right to be forgotten. You have the right to request the erase of your data if we do no longer need them.
Right to data portability. You have the right to obtain personal data that you have provided to us in a format that enables you to transfer that personal data to another organization. You may also have the right to have your personal data transferred directly from us to such organization.
Right to object to processing of personal data. You have the right to object to our use of your personal data, such as to unsubscribe to marketing emails.
You can exercise your rights by contacting us.
If you think that we have processed your personal data in a manner that is not in accordance with data protection law, we hope that you contact us, so that we can provide answers and correct any misunderstandings. You have the right to make a complaint to the relevant data protection authority), which is the authority in the EEA country where you live and work.
Users under the age of 18 have to get parental consent in order to use Promoty by doing the following:
● Enter your legal guardian’s e-mail into Promoty to get consent or the legal guardian has to send a free form consent e-mail to firstname.lastname@example.org
● The user can add a legal guardian under settings and once the legal guardian verifies their identity based on the Mangopay Identity Verification process, then the consent is granted.
● Once the consent is granted the account is activated.
This Policy was last updated in 8. June 2020.
List of subprocessors:
Your data shall be shared with the following subprocessors with the purpose of providing services to you via Promoty Platform:
Mangopay – Payment service provider
Getresponse – newsletter service, where you have signed up to receive marketing materials from Promoty