This is a translation of the Czech original for the convenience of our international users. In case of any discrepancy, the Czech version published at simbila.com/cs/site/podminky-ochrany-osobnich-udaju prevails.
1.1. The terms "Provider", "User", "Licence Agreement" and "Application" have the same meaning as defined by the Terms and Conditions.
1.2. The Provider and the User concluded the Licence Agreement when the User accepted the general terms and conditions published at www.simbila.com/en/site/tos upon creating a user account.
1.3. The controller of the User's personal data is TRUEAPPS a.s., with its registered office at Olomoucká 81, 627 00 Brno, Czech Republic, Company ID: 26237661, VAT ID: CZ26237661, for the purpose of performing the contract (carrying out the contractual relationship) and of complying with legal obligations within the meaning of Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (hereinafter: "GDPR").
1.4. The terms "data controller", "data processor", "personal data", "processing" and "appropriate technical and organisational measures" used in this text are to be interpreted in the context of the GDPR.
2.1. For providing the Application and its support, these data are processed:
2.2. The User enters further data about themselves into their user account while using the Application.
2.3. As part of improving the quality of its services, personalising its offering, collecting anonymous data and for analytical purposes, the Provider uses so-called cookies on its website. By using the website, the User consents to the use of this technology.
2.4. Data about the User's business partners, issued and received invoices and the like, and the Provider's handling of them, are described by the Data Processing Agreement (available in Czech).
2.5. If the User signs in through an account with Google, Microsoft or Facebook (hereinafter the "Sign-in Provider"), the Provider receives the following data from the Sign-in Provider, and only to the extent the User approves when signing in:
2.6. The Provider never learns the password to the account with the Sign-in Provider; the User enters it solely on the Sign-in Provider's pages.
3.1. Processing of personal data for the purpose of carrying out the contractual relationship means processing data to the extent necessary for the performance of the Licence Agreement. For this purpose, the User's identification and contact data and information relating to the operation of the Application will be processed to the necessary extent. If the User does not agree to providing their data for this purpose, the contract cannot be concluded.
3.2. Processing of personal data for the purpose of complying with legal obligations means in particular compliance with tax obligations and purposes laid down by special acts for the needs of the duty of cooperation with state authorities and public administration bodies. Processing of data on the grounds of our company's legitimate interest means in particular the recovery of receivables, disputes, securing evidence in case our company's rights need to be defended, and records of debtors' unpaid receivables.
3.3. Only and exclusively with the User's consent may their personal data also be processed for marketing purposes. Marketing use of the data means only the use of the User's contact details for the purpose of disseminating commercial communications concerning the Provider's own products (e.g. announcing new features of the Application) that have already been provided to the User. Marketing use of the data requires the User's separately granted consent, which is entirely voluntary, independent of the performance of the Licence Agreement and may be withdrawn at any time.
3.4. Personal data processed by the controller are also accessible to third parties whose services the Provider uses to ensure the operation of the Application – e.g. providers of server infrastructure and data backup, external contractors and employees. They may also be entities whose services the Provider uses for accounting services and debt recovery. With every such sub-processor the Provider has concluded a contract binding the sub-processor to comply with the terms of the data processing agreement. The Provider may involve a sub-processor in the processing provided that the sub-processor meets requirements identical to the provisions of that data processing agreement.
3.5 The list of the Provider's sub-processors used to ensure the operation of the Application is available at www.simbila.com/cs/site/zpracovatele.
3.5. There is no automated individual decision-making on the part of the Provider within the meaning of Article 22 of the GDPR.
3.6. The Provider uses the data under paragraph 2.5 exclusively to verify the User's identity when signing in, to link the sign-in with the account in the Application, and to display it in the User's profile. It does not use them for marketing purposes and does not pass them on. No data of the User from the Application is sent to the Sign-in Provider; only the sign-in is verified.
4.1. The User has the right to know and to receive information about who the controller is, who its representative is, and, where applicable, who the data protection officer is; about the purposes of the processing, the categories of personal data concerned, the recipients or categories of recipients of the personal data, the transfer of personal data to third countries, the retention period of the personal data, the authorised controllers; the right to know their rights, including that they may contact the Office for Personal Data Protection; the right to know the source of the personal data processed; and information on whether and how automated decision-making and profiling take place. In connection with the processing of their personal data, the User has the following rights:
4.2. If the User requests information about the scope or manner of the processing of their personal data, the Provider is obliged to provide that information without undue delay, and no later than within one month of the Provider receiving the request at podpora@simbila.com.
4.3. In the event of a repeated and unjustified request for a physical copy of the personal data processed, the Provider is entitled to charge a reasonable fee for the administrative costs involved.
5.1. After the provision of performance under the Licence Agreement between the Provider and the User ends — typically by the User cancelling their account — the Provider is obliged to delete the data of the User's account, unless it is obliged to retain the personal data under a special act.
5.2. The data of the user account are deleted immediately when the provision of performance under the Licence Agreement ends.
5.3. Within forty-five (45) days of the account being deleted, the Provider also deletes the data of the User's account from the application's backups.
5.4. Records of the Application's activity (logs), which may also contain records of the User's activity in their account, are deleted by the Provider within one (1) year of the account being cancelled.
5.5. After the performance under the Licence Agreement ends, the Provider retains the following data:
5.6. The User may disconnect a sign-in through a Sign-in Provider at any time in the Application under Settings → User profile → Sign-in methods; the data under paragraph 2.5 are deleted by doing so. The last remaining sign-in method cannot be disconnected – the User sets a password first, so as not to lose access to their account.
5.7. The User may request deletion of their account and of all data under paragraph 2.5 in the Application under Settings → User profile, or by email to info@simbila.com from the address registered with the account. The Provider will handle the request within the periods set out in paragraphs 5.2 to 5.4.
6.1. The User undertakes to report without undue delay all facts known to them that could adversely affect the proper and timely fulfilment of the obligations arising from these terms, and to provide the Provider with the cooperation necessary for the fulfilment of these terms.