General

1. This Privacy Policy governs Frankie and its customers treatment of information relating to persons who are in contact with Frankie products or services. Frankie is a software by Flexiana s.r.o. Capitalised terms not otherwise defined herein have the meanings assigned to them in Flexiana Software Agreement – general conditions of service provision.

2. Each person who downloads, saves, installs, uses, accesses, interfaces with, or otherwise causes themselves to be exposed to the Service or any part thereof or any software, information provided through or forming a part of the Supplier's website (any such person hereinafter a "Data Subject") acknowledges and agrees that certain Personal Data and other information about them may be collected and processed by the Supplier, its Customer (s) and by service Providers (i. e. providers of cloud services, through which the Frankie is operated and backed up).

Customers' data processing activities

1. Frankie may collect and process information (including Personal Data) about persons who participate or cause themselves to be involved in the Frankie's Campaigns. The information processed may include any data that such persons provide to the Customer, whether through the Service or otherwise. The purposes for which Frankie may process a Data Subject's Personal Data should be limited to the purposes of the particular Campaign, which, if not evident from the nature of the Campaign, are to be clarified with the respective Customer.

2. Each Data Subject acknowledges and agrees that:

(a) the information referenced in section 1 of this Article forms part of Customer Data;

(b) the Supplier is not the controller of Customer Data and has no control over, nor any obligation in connection with, such data or the processing thereof; and

(c) any enquiry, request, objection, complaint or claim that the Data Subject may have in connection with the processing of Personal Data should be addressed to the respective Customer; and

(d) Frankie is operated and backed up through the services provided by third parties (i. e. providers of cloud services as Amazon), and the data is encrypted at rest.

Supplier's data processing activities

1. Each Data Subject (including the Customer and his Representative) agrees:

that the Supplier may collect information (including Personal Data) about a Data Subject:

1. during the negotiation, conclusion and modification of agreements between the Data Subject and the Supplier (the information collected may include the data provided in such agreements and any data furnished for the purposes of negotiating, concluding or amending the same);

2. when the Data Subject fills in forms via the Service, creates or modifies a user profile or enters or modifies other information associated with his User Account (the information thus provided);

3. when the Data Subject visits the Supplier's website (the Data Subject's IP address, location, entry and exit pages, referral sites and keywords, session time and duration, activities on the site, certain software and hardware attributes);

4. when the Data Subject downloads, installs, updates or uninstalls the Software or uses, accesses or interfaces with the Service (the location, manner, means and duration of such activity as well as other information that the Data Subject may provide); and

5. when otherwise knowingly made available to the Supplier (the information the Data Subject provides);

6. that when visiting the Supplier's website, cookies may be stored within the visitor's device;

to the Supplier's processing of the respective Data Subject's Personal Data and such other information about him (collectively, "User Data") for the purposes of:

1. providing the Service; 

2. improving or otherwise modifying the Service and notifying the relevant Data Subjects thereof;

3. customising the content and/or layout of the Supplier's website or the Service for the particular visitor or user;

4. replying to the Data Subject's communications and contacting him;

5. performing the Supplier's duties to the Data Subject;

6. exercising and enforcing the Supplier's rights;

7. user statistics and other Service-related analyses;

that User Data may be processed in the country of his domicile as well as outside it, including any member state of the Organisation for Economic Co-operation and Development (OECD) and any country participating in the European Economic Area (EEA);

that the Supplier will not disclose the respective Data Subject's Personal Data to any third party besides the members of its corporate group, except when, to the extent and to persons (i) expressly allowed by the Data Subject, (ii) required by law, or (iii) necessary in order to perform the Supplier's obligations under the Agreement or law, or to exercise its legal rights or defend against claims or other process.

2. Frankie is the "controller" of the Personal Data, that are collected by us or on our behalf through the activities listed in this Article (Supplier's data processing activities) of this Policy, or which are otherwise processed for the purposes of our business. Specifically, it is Frankie that acts as the “controller” of the said Personal Data.

3. If a Data Subject participates in the Supplier's mailing or similar programme, the Supplier may use his Personal Data to send him information about products, services, events and other matters that the Supplier believes may be of interest to the Data Subject.

4. The Supplier may send Customers, Representatives and Participants certain communications relating to the Service, such as, e.g., service announcements and administrative messages, without offering them the opportunity to opt out of receiving the same.

5. Each Customer agrees that the Supplier may from time to time include the Customer's name and logo in its customer listings, examples of Software or Service use cases, marketing materials, press releases and similar communications (all within reason).

Data Subjects' rights

1. Upon a Data Subject's request, the processor of his Personal Data (i.e., either the Supplier or the respective Customer, as applicable under the above provisions) will inform him what Personal Data the data processor maintains about him unless such information is otherwise reasonably available to the Data Subject or the data processor is legally restricted from disclosing such records. If any such Personal Data proves to be inaccurate or misleading, the Data Subject is entitled to have the same corrected or, if he is able and authorised to modify such data, correct these data himself.

2. Upon a Data Subject’s request (by contacting either the Supplier at marek.rinko@flexiana.com (e-mail address) or the respective Customer using the e-mail address specified in the Campaign), the processor of his Personal Data (i.e., either the Supplier or the respective Customer, as applicable under the above provisions) will delete or remove that Data Subject’s Personal Data, unless restricted to do so based on effective legislation.

3. On each occasion where the relevant data processor is allowed to disclose a Data Subject’s Personal Data to third parties he will, to the extent feasible, take appropriate measures to ensure that the person to whom disclosure is made grants the respective Data Subject rights substantially similar to those set forth in this Privacy Policy (including the right to be informed about the data maintained on the Data Subject and the right to correct or have corrected inaccurate or misleading data).

Miscellaneous

1. Any dispute that may arise under or in connection with this Privacy Policy or the Supplier's processing of any data shall be subject to the jurisdiction specified in the Software Agreement.

2. Nothing in this Privacy Policy shall be construed to limit, or shall otherwise prejudice, the Supplier's statutory rights.

3. This Privacy Policy can be modified from time to time in the manner specified in Article 13 of the Agreement.

In 19th, April, 2024.