Privacy Policy
1 - General Information
Protecting your personal data is one of the main concerns of WEST SOFTWARE SYSTEMS SRL, located at Drobeta-Turnu Severin, Mehedinți County, Romania as a data controller.
This document's purpose is to inform you about the processing of your personal data in the context of using the website www.smartagenda.app ("Website") and the mobile applications (iOS & Android) - SmartAgenda ("Application").
2 - Categories of Processed Personal Data
When you create a user account on the Website/Application, WEST SOFTWARE SYSTEMS SRL will process your personal data such as name, phone number, email address, billing address, data related to how you use the Website/Application, for example, your behavior/preferences/habits, as well as any other categories of data you directly provide in the context of creating a user account, placing an order through the website, or in any other way resulting from the use of the Website/Application.
If you are a visitor of the Website/Application, WEST SOFTWARE SYSTEMS SRL will process your personal data that you directly provide in the context of using the Website/Application, such as the data you provide in the contact/feedback section, to the extent that you contact us in this way.
3 - Purposes and Legal Bases of Processing
If you are a customer of the Website/Application, WEST SOFTWARE SYSTEMS SRL processes your personal data as follows:
- for the performance of the contractual relationship between you and WEST SOFTWARE SYSTEMS SRL, namely for receiving, validating, and billing the order placed on the Website/Application, informing you about the subscription status, enabling your authentication, etc.
Legal basis: The processing of your data for this purpose is based on the contract concluded between you and WEST SOFTWARE SYSTEMS SRL, as defined in the Terms of Use. Providing your personal data is necessary for the execution of this contract. Refusing to provide the data may result in the inability to conduct contractual relationships between you and WEST SOFTWARE SYSTEMS SRL.
- for the fulfillment of legal obligations incumbent on WEST SOFTWARE SYSTEMS SRL in the context of the services provided through the Website/Application, including tax and archiving obligations.
Legal basis: The processing of your data for this purpose is necessary based on legal obligations. Providing your data for this purpose is necessary. Refusing to provide the data may result in the inability of WEST SOFTWARE SYSTEMS SRL to fulfill its legal obligations and, therefore, to provide you with services through the Website/Application.
- for marketing activities, specifically for sending commercial communications about the services offered by WEST SOFTWARE SYSTEMS SRL through the Website/Application via remote means of communication (email, SMS).
Legal basis: The processing of your data for this purpose is based on your consent, which you can provide by ticking the corresponding checkbox when creating your account. You can unsubscribe from receiving such commercial communications using the option at the end of each email/SMS containing commercial communications. Providing your data for this purpose is voluntary. Refusing to provide consent for processing your data for this purpose will not have negative consequences for you.
- for various analyses, reporting on the operation of the Website/Application, creating consumer preference profiles, mainly for improving the experience offered on the Website/Application.
Legal basis: The processing of your data for this purpose is based on the legitimate interest of WEST SOFTWARE SYSTEMS SRL to continuously improve the customer experience on the Website/Application. Providing your data for this purpose is voluntary. Refusing to provide data for this purpose will not have negative consequences for you.
If you are a visitor of the Website/Application, WEST SOFTWARE SYSTEMS SRL processes your personal data as follows:
- for various analyses, reporting on the operation of the Website/Application, creating consumer preference profiles, mainly for improving the experience offered on the Website/Application.
Legal basis: The processing of your data for this purpose is based on the legitimate interest of WEST SOFTWARE SYSTEMS SRL to continuously improve the customer experience on the Website/Application. Providing your data for this purpose is voluntary. Refusing to provide data for this purpose will not have negative consequences for you.
4 - Duration of Data Processing
As a principle, WEST SOFTWARE SYSTEMS SRL will process your personal data only as long as necessary to achieve the processing purposes mentioned above.
If you are a customer, we will process your data throughout the duration of the contractual relationships and subsequently in accordance with the legal obligations of WEST SOFTWARE SYSTEMS SRL (e.g., in the case of financial-accounting documents for which the legal retention period is 10 years from the end of the financial year in which they were drawn up).
If you withdraw your consent for data processing for marketing purposes, WEST SOFTWARE SYSTEMS SRL will cease processing your personal data for this purpose without affecting the processing carried out by WEST SOFTWARE SYSTEMS SRL based on your consent prior to its withdrawal.
5 - Disclosure of Personal Data
To achieve the processing purposes, WEST SOFTWARE SYSTEMS SRL may disclose your data to partners, third parties, or entities that support WEST SOFTWARE SYSTEMS SRL in conducting its activities through the Website/Application (e.g., IT service providers), or to central/local public authorities, in the following exemplified cases:
- for data analysis, testing, and research, monitoring usage and activity trends, developing security features, and user authentication;
- for the transmission of commercial marketing communications, within the limits and conditions prescribed by law;
- when the disclosure of personal data is required by law, etc.
6 - Transfer of Personal Data
Personal data provided to WEST SOFTWARE SYSTEMS SRL is transferred to United States, due to the location of our servers.
7 - Your Rights
In accordance with data protection legislation, as data subjects, you have the following rights:
- the right to information, including receiving details about the processing activities conducted by WEST SOFTWARE SYSTEMS SRL, as described in this document;
- the right of access to data, including confirming from WEST SOFTWARE SYSTEMS SRL whether personal data is being processed, as well as details about the processing activities such as how data is processed, the purpose of processing, recipients or categories of recipients, etc.;
- the right to rectification, including obtaining the prompt correction by WEST SOFTWARE SYSTEMS SRL of inaccurate/unjustified personal data, as well as the completion of incomplete data; rectification/completion will be communicated to each recipient to whom the data was transmitted, except where this proves impossible or involves disproportionate effort;
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the right to erasure of data, without undue delay ("the right to be forgotten"), in case one of the following reasons applies:
- they are no longer necessary for the purposes for which they were collected or processed;
- consent has been withdrawn and there is no other legal basis for processing;
- the data subject objects to processing, and there are no overriding legitimate grounds for processing;
- the personal data has been processed unlawfully;
- the personal data must be deleted to fulfill a legal obligation;
- the personal data was collected in relation to the offer of information society services as per Union or domestic law under which the operator falls.
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the right to restrict processing to the extent that:
- the data subject contests the accuracy of the data, for a period allowing the controller to verify the accuracy of the data;
- processing is unlawful and the data subject opposes erasure, requesting instead the restriction of its use;
- the controller no longer needs the personal data for processing purposes, but the data subject requires it for the establishment, exercise, or defense of legal claims;
- the data subject has objected to processing (other than for direct marketing) for the period while verifying whether the legitimate interests of the controller prevail over those of the data subject.
- the right to data portability, including (i) receiving personal data in a structured, commonly used, and machine-readable format, and (ii) having this data transmitted by WEST SOFTWARE SYSTEMS SRL to another data controller, to the extent that the conditions provided by law are met;
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the right to object – concerning processing activities, this can be exercised by submitting a request as indicated below:
- at any time, due to a specific situation the data subject is in, for the data concerning them to be processed based on the legitimate interest of WEST SOFTWARE SYSTEMS SRL or on public interest, except where WEST SOFTWARE SYSTEMS SRL can demonstrate compelling legitimate grounds that override the interests, rights, and freedoms of the data subject, or that processing serves the establishment, exercise, or defense of legal claims;
- at any time, free of charge and without justification, that the data concerning them be processed for direct marketing purposes.
- the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning the data subject or similarly significantly affects them;
- the right to lodge a complaint with the National Supervisory Authority for Personal Data Processing or competent courts, to the extent deemed necessary.