Privacy Policy

1.1. This Policy has been issued by SentiSnap s.r.o., with its registered office at Rybná 716/24, Staré Město, 110 00 Prague 1, Czech Republic, ID No.: 21384053, registered in the Commercial Register under file number C 401168 maintained by the Municipal Court in Prague, hereinafter referred to as "SentiSnap".

1.2. This Policy describes how SentiSnap handles the personal data of Clients and possibly other data subjects – natural persons – when accessing and using the Website and Application and during related activities.

1.3. Certain terms or definitions used in this Policy are defined in Article 2 of the Terms and have the same meaning as stated in the Terms.

1.4. SentiSnap processes personal data in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council, General Data Protection Regulation, also known as GDPR ("GDPR"), Act No. 110/2019 Coll., on the processing of personal data, and Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector ("ePrivacy Directive").

1.5. The processing of personal data of Clients and other possible data subjects is carried out solely for the purposes and under the conditions defined in this Policy and begins at the moment the data subject visits the Website, subscribes to the newsletter, and/or when a Contract is concluded between SentiSnap and the Client—whichever occurs first.

1.6. The processing is carried out either directly by SentiSnap and/or by third parties as defined in Article 3 of this Policy, whom SentiSnap has entrusted with processing personal data in accordance with this Policy.

1.7. Unless expressly stated otherwise in this Policy, SentiSnap acts as the data controller, and Clients who are natural persons act as data subjects, as defined in the GDPR.

2.1. SentiSnap processes the personal data of Clients and other data subjects for the purposes of:

• a) performance of the Contract within the meaning of Art. 6(1)(b) GDPR,
• b) negotiation of the Contract within the meaning of Art. 6(1)(b) GDPR,
• c) fulfillment of SentiSnap's legal obligations within the meaning of Art. 6(1)(c) GDPR,
• d) SentiSnap's legitimate interests within the meaning of Art. 6(1)(f) GDPR, and in selected cases also
• e) consent granted by the Client and/or another data subject within the meaning of Art. 6(1)(a) GDPR.

2.2. The scope of Client personal data processed by SentiSnap includes:

• a) first and last name,
• b) billing address,
• c) bank account number and possibly other payment details,
• d) email address,
• e) Apple ID, Facebook, Google, and LinkedIn identifiers if accounts with these providers are linked to the Account,
• f) data regarding the use of individual Plans and Access and use of the Application and Website,
• g) other personal data included in communications with SentiSnap support,
• h) other personal data included in voluntarily provided reviews or any other communication between the data subject and SentiSnap, and
• i) system data, session logs including the Client's IP address,

where these individual categories of personal data are collectively referred to as "Personal Data".

2.3. In certain cases, SentiSnap may act as a data processor, particularly if the Client is a different entity from the actual user of the Application, and the Application is provided to that user under a Contract between the Client and SentiSnap. In such cases, the Client is responsible for fulfilling obligations under the GDPR, the ePrivacy Directive, and Act No. 110/2019 Coll., on the processing of personal data. The scope of personal data processed as a processor is limited to:

• a) first and last name,
• b) email address,
• c) Apple ID, Facebook, Google, and LinkedIn identifiers if accounts with these providers are linked to the Account,
• d) data on use of individual Plans and Access and use of the Application and Website,
• e) other personal data included in communication with SentiSnap support,
• f) other personal data included in voluntarily provided reviews or any other communication between the data subject and SentiSnap, and
• g) system data, session logs including the Client's IP address,

where processing of selected personal data in this case occurs under the instructions of the Client who entered into the Contract and enabled access to the Application for selected data subjects.

2.4. SentiSnap processes Personal Data (of Clients and other data subjects) until all obligations under the Contract are fulfilled; the email address is processed for 5 years from the Contract date, and all listed data is processed for a maximum of the statutory limitation period, but no longer than 15 years from the Contract date, corresponding to the limitation period of selected claims. Data processed by SentiSnap only as a processor is processed for the duration instructed by the Client unless SentiSnap has another lawful basis for processing such data as a controller under Article 2.1 of this Policy.

2.5. SentiSnap also processes selected Personal Data of the Client and/or other data subjects, particularly email, name, surname, and other voluntarily provided data, based on voluntary and informed consent, for up to 5 years or until consent is withdrawn. Use of the Website or Application is not conditioned upon providing consent. However, consent is typically required for sending newsletters to non-Clients or providing selected bonuses or bonus materials not tied to other SentiSnap services (e.g., surveys or temporarily offered premium features). The processing duration under consent may be shorter than 5 years if the Client and/or other data subject withdraws consent. Consent can be withdrawn anytime by sending a request to [email protected] or clicking the link provided in the email.

2.6. Once the reason for processing personal data no longer exists, SentiSnap will destroy the data. This does not exclude further processing of selected Personal Data based on a different legal ground if such ground remains valid for SentiSnap.

3.1. In addition to SentiSnap, selected third parties also receive and process Personal Data under this Policy, whose involvement is necessary for proper data processing in line with the purposes defined in Art. 2.1 of this Policy, namely:

• a) Hosting providers (including web and mail hosting), currently DigitalOcean, LLC;
• b) payment gateway provider Stripe and possibly other services used for payment processing;
• c) accounting, legal, and tax advisors of SentiSnap and other persons bound by legal confidentiality;
• d) C-level and other management personnel employed or otherwise engaged with SentiSnap;
• e) selected SentiSnap contractors involved in service delivery;

the entities listed in Art. 3.1 are hereinafter jointly referred to as "Processors".

3.2. The Client and other data subjects agree that SentiSnap may transfer personal data to Processors if necessary to achieve the above-mentioned purposes. Processors entrusted by SentiSnap with personal data processing must meet a high standard of protection and will always handle the data within the boundaries of GDPR and this Policy.

4.1. SentiSnap will make every effort to prevent unauthorized processing of personal data by other parties; however, it is not liable to the Client or other data subjects for any damage caused by unauthorized processing of personal data by any third party, including Processors.

4.2. Emails sent to existing Clients related to the Application and its functionality are not considered unsolicited commercial communications under Act No. 40/1995 Coll. on advertising and Act No. 480/2004 Coll. on certain information society services, if they directly relate to the Application or its upcoming changes.

4.3. The data subject may also voluntarily consent, under § 7(2) of Act No. 480/2004 Coll., on certain information society services, to receiving broader commercial communications (e.g., indirect marketing) from SentiSnap at the data subject's electronic address. This consent may be withdrawn anytime by clicking the link located in the footer of such communication.

4.4. If SentiSnap and/or Processors become aware of a security risk related to Personal Data that affects the Client or another data subject, they shall notify them without undue delay, especially if there is a risk to their rights.

4.5. SentiSnap will cooperate with and provide legal assistance to the Client and other data subjects in claiming damages from responsible Processors in the event of a data breach or other loss. However, SentiSnap is not liable for the misconduct of Processors.

4.6. The Client and other data subjects confirm that the personal data provided is true, accurate, and relates exclusively to the Client and/or the data subject themselves, or they provided data that does not infringe the rights of third parties. The Client must always inform SentiSnap of any changes to their Personal Data to ensure only current and complete data is processed. The same applies if the Client provides SentiSnap with personal data of other data subjects.

4.7. Personal Data will be processed electronically, including by automated means. However, Clients and other data subjects will not be subject to individual automated decision-making (including profiling) within the meaning of Article 22 GDPR.

4.8. Anonymized personal data (no longer considered personal data under GDPR) may be processed even after all legal grounds for processing Personal Data have expired.

5.1. Clients and other data subjects may exercise their rights under the GDPR at any time by sending an email to [email protected]. SentiSnap will aim to resolve personal data-related requests as soon as possible, no later than within 30 days, unless due to complexity, this period needs to be extended by an additional 2 months. Rights include:

• a) explanation of whether and which personal data is processed, including the right to request access;
• b) correction of personal data if any are inaccurate or missing;
• c) restriction of processing if there is concern SentiSnap processes more data than necessary;
• d) deletion of personal data, provided there is no other legal ground for continued processing;
• e) receipt of a copy of personal data processed by automated means based on consent or contract, in a machine-readable format;
• f) temporary freeze of processing operations for SentiSnap's legitimate interest purposes (so-called objection);
• g) filing a complaint directly with the Data Protection Authority (www.uoou.cz) or another national data protection authority if the Client and/or data subject believes SentiSnap is processing data contrary to this Policy or applicable laws.

6.1. SentiSnap reserves the right to unilaterally amend this Policy. The new version becomes effective upon publication on the Website. Clients with an active contractual relationship with SentiSnap at the time of the change will be notified via their provided contact email address, if known to SentiSnap.

6.2. All legal relations between SentiSnap and the Client and other data subjects arising from this Policy shall be governed by the laws of the Czech Republic. Any disputes arising from or in connection with this Policy shall be resolved before the competent civil court in the Czech Republic.

6.3. If the relationship based on the Contract contains an international (foreign) element, the choice of law under the previous sentence does not deprive the data subject, who is a consumer, of protection afforded by mandatory provisions of the law that would apply in the absence of a choice of law under Art. 6(1) of Regulation (EC) No. 593/2008 (Rome I).

6.4. If any provision of the Policy is invalid or ineffective, a valid provision with a meaning as close as possible shall replace it. The invalidity or ineffectiveness of one provision shall not affect the validity of the remaining provisions.

6.5. This Policy enters into force upon its publication on the Website.