STATEMENT OF THE
OPERATOR ON THE PROCESSING OF PERSONAL DATA
In this section, we provide information
on the processing and protection of personal data in accordance with Regulation
of the EP and Council of the EU No. 2016/679 on the protection of natural
persons in the processing of personal data and on the free movement of such
data, which repeals Directive 95/46/EC (general regulation on data protection)
and Act of the Slovak Republic no. 18/2018 Coll. on Personal Data Protection and
Amendments to Certain Acts (hereinafter referred to as the "Personal Data
Protection Act").
The operator of Moje
Apps s. r. o. with registered office at Ulica Titusa Zemana 9418/33 Trnava, 917 01, ID: 55862543 (hereinafter referred to as
the "operator"), has taken appropriate technical and organizational
measures to ensure the protection of the rights of the affected persons, which
declares the legal processing of personal data. Furthermore, the operator has
implemented a transparent system for recording security incidents and any
questions from the affected person as well as other persons.
If necessary, the
affected person can obtain individual information by e-mail: support@mojeapps.sk.
1. Operator
Moje Apps s. r. o.
Ulica
Titusa Zemana 9418/33
917
01 Trnava
ID:
55862543
We process your
data for our own purposes as an Operator. This means that we determine the
purpose for which we collect your personal data, determine the means of
processing and are responsible for their proper execution.
2. Recipients of
personal data
Categories
of recipients of personal data: persons acting
on the authority of the operator, legal
representative, auditor, bodies of state administration
and public authority for the exercise
of control and supervision.
3. The purpose
of personal data processing
As
an operator, we exclusively process personal data that we can substantiate with
a legitimate legal basis and defined purposes:
• when
responding to a demand, suggestion or question within the framework of the use
of the "When to fish" application submitted physically, by telephone
or in the form of electronic/paper mail, for the purpose of a feedback aimed at
satisfying the person concerned, we apply the legal basis of processing Art. 6
par. 1 letter f) GDPR regulations – legitimate interest of the operator. As a
data subject, you have the right to object to such processing at any time.
As an
operator, we do not process the
personal data of the affected persons
(application users) directly through the "When to Fish" application. The application itself does not
contain options for entering, saving
and managing personal data.
If, for
the purposes of proper functioning, the application needs to perform certain operations depending on the user’s activity, it performs them
exclusively by means of randomly created identifiers (a set of assigned letters, numbers and special characters), which cannot be
attributed back to the person concerned, or based on which the person concerned can be identified
person as a user.
Payment data and purchase history – RevenueCat
"When
to Fish" uses RevenueCat to manage trials and paid subscriptions. See RevenueCat’s privacy policy here*.
RevenueCat provides
apps with data on the validity of in-app purchases. No other information (such as IP address, email, name, etc.) is collected or transmitted. The application does not send
its own user ID or
association data to RevenueCat.
MapBox SDK
The "When to Fish" application also uses the MapBox
SDK, (to display the map
and relevant data of the application on this map. Mapbox
can use its
own telemetry, which the user can optionally activate.
See
Mapbox’s Privacy Policy for details here*.
4. Time of processing and storage of your personal data
Personal data processed
in accordance with Art. 6
par. 1 letter f) Regulations
of the GDPR – on the basis of a legitimate interest that was
obtained in response to a submitted inquiry/suggestion or question for the purpose
of a feedback directed to the
satisfaction of the person concerned and, after processing, was not subsequently transferred to a pre-contractual
and contractual relationship,
or no other legitimate legal basis was
applied processing, are deleted immediately.
As the Operator,
we will ensure the deletion of personal data without undue delay after: all contractual relations between you and us as the
operator have been terminated; and/or
– all
your obligations towards the operator have ceased; and/or
– all
your complaints and requests have been dealt with; and/or
– all
other rights and obligations between you and us as the operator have been
settled; and/or
– all
the purposes of processing established by legal regulations or the purposes of
processing for which you have given us your consent have been fulfilled, if the
processing took place on the basis of the consent of the person concerned;
and/or
– the
period for which the consent was granted has passed or the person concerned has
withdrawn his consent; and/or
– the
request of the affected person for erasure of personal data was granted and one
of the reasons justifying the granting of this request was fulfilled; and/or
– a
decisive legal fact has occurred for the termination of the purpose of
processing and at the same time the protective retention period defined with
regard to the principle of minimizing the period of storage of personal data
has expired;
– and
at the same time the legitimate interest of the operator does not exist, all
obligations established by generally binding legal regulations that require the
storage of the personal data of the person concerned (especially for the
purpose of archiving, performing tax audits, etc.) or that would be impossible
to fulfill without their storage have ceased to exist
In no case
do we systematically process any randomly
obtained personal data further for
any purpose defined by us. If possible, we
will inform the affected person to whom the accidentally
obtained personal data belong about
their accidental acquisition and, depending on the nature of the
case, we will provide him
with the necessary cooperation leading to the restoration of control over his personal data.
Immediately after these necessary actions aimed at resolving the situation,
we will immediately
dispose of all accidentally obtained personal data in a secure manner.
If you
are interested in further information about the specific storage
period of your personal data, please contact us using the
contact details provided.
5.
Disclosure of data
Our company
does not publish the obtained
data under any circumstances.
6. Cross-border transfer of personal data
Cross-border transfer is not implemented.
7. Rights
and obligations of the
person concerned
·
The person concerned is obliged
to provide only complete and true data.
·
The affected person undertakes to
update his/her data in the event of a change, at the latest before the first
order following the change is made.
·
The person concerned undertakes
that if he provides personal data of a third person (name, surname, telephone
number), he does so only with his consent and that the person concerned is
familiar with the procedures, rights and obligations listed on this page.
·
As a data subject, you have the
right to decide on the handling of your personal data within the specified
scope. You can exercise the aforementioned rights in
person at the Operator’s headquarters or by phone – in writing (by mail /
e-mail).
We will try
to answer you as soon as possible, but we will
always answer you no later than
30 days after receiving your request. Applicable legal regulations and the GDPR Regulation, or The law ensures
you in particular:
Right
of access – You have the right to request
confirmation from us as to whether your personal data is being processed and,
if so, to obtain a copy of this data and additional information pursuant to
Art. 15 Regulations, or § 21 of the Act. In the event that
we obtain a large amount of data about you, we may require you to specify your
request for the range of specific data that we process about you.
Right
to rectification – In order for us to continuously
process only up-to-date personal data about you, we need you to notify us of
any changes as soon as possible. If we process incorrect data about you, you
have the right to request their correction.
Right
to erasure – If the conditions of Article 14 of the
Regulation are met, or § 23 of the Act, you can request deletion of your
personal data. You can therefore request deletion, for example, if you have
withdrawn your consent to the processing of personal data and there is no other
legal basis for processing, or in the event that we
process your personal data illegally, or the purpose for which we processed
your personal data has expired and we do not process it for another compatible
purpose. However, we will not delete your data if it is necessary to
demonstrate, exercise or defend legal claims.
The
right to limit processing – If the conditions of Article 18
of the Regulation are met, or § 24 of the Act, you can request us to limit the
processing of your personal data. You can therefore request a restriction, for
example, when you dispute the correctness of the processed data or in the event that the processing is illegal and you do not
want us to delete the data, but you need their processing to be limited while
you exercise your rights. We continue to process your data if there are reasons
to prove, exercise or defend legal claims.
Right
to portability – If the processing is based on your
consent or carried out for the purpose of fulfilling a contract concluded with
you and at the same time carried out by automated means, you have the right to
receive from us your personal data, which we have obtained from you in a
commonly used machine-readable format. If you are interested in this and it is
technically possible, we will transfer your personal data directly to another
operator. This right will not be applicable to processing carried out for the
purpose of fulfilling a task carried out in the public interest or in the
exercise of public authority.
The
right to object to processing – If
we process your personal data for the purpose of fulfilling a task carried out
in the public interest or in the exercise of public authority entrusted to us,
or if the processing is carried out on the basis of
our legitimate interests or the legitimate interests of a third party, you have
the right to object to such processing. Based on your objection, we will limit
the processing of personal data and unless we demonstrate serious legitimate
reasons for processing that outweigh your interests, rights and freedoms or
reasons for proving, exercising or defending legal
claims, we will not continue to process personal data and we will delete your
personal data. You have the right to object at any time to the processing of
personal data for direct marketing purposes, including profiling to the extent that
it is related to such direct marketing. After raising an objection, we will no
longer process your personal data for this purpose.
The
right to file a complaint – If you believe that the
processing of your personal data is contrary to the Regulation, or By law, you have the right to file a complaint with one of
the relevant supervisory authorities, especially in the Member State of your
habitual residence, place of work or in the place of the alleged violation. For
the territory of the Slovak Republic, the supervisory authority is the Office
for the Protection of Personal Data, with registered office: Hraničná 4826/12, 820 07 Bratislava, Slovak Republic,
website: www.dataprotection.gov.sk, phone: +421 /2/ 3231 3220.
Right
to withdraw consent – If the processing of your
personal data is based on consent, you have the right to withdraw this consent
at any time. Withdrawal of consent does not affect processing already carried
out. If at any time later you decide that you are interested in receiving
commercial and marketing offers about our products and services from us again,
you can re-grant your revoked consent (or objection filed) at any time, by any
of the above-mentioned forms of contact.
8 . Contact details of the Office and the responsible person
Personal Data
Protection Office of the
Slovak Republic
Address:
Hraničná 12
820 07, Bratislava 27
Slovak republic
ID: 36 064 220
Registration office:
Monday – Thursday:
8:00 – 15:00
Friday: 8:00 – 14:00
Telephone consultations
in the field of personal data protection:
Tuesday and Thursday
from 8:00 a.m. to 12:00 p.m. +421 2 323 132 20
Secretariat of the
head of the office +421 2 323 132 11
Secretariat of the
office +421 2 323 132 14
Fax: +421 2 323 132 34
Spokesperson:
mobile: 0910 985 794
e-mail: hovorca@pdp.gov.sk
E-mail :
a) generally:
statny.dozor@pdp.gov.sk
b) for providing information according to Act no. 211/2000 Coll.: info@pdp.gov.sk
c) website: webmaster@pdp.gov.sk
d) for submitting requests for the provision
of information pursuant to Act no. 211/2000 Coll. about free access
to information, use the online form.
e) email address
through which the Office will provide you with
advice in the field of personal data protection. It is intended
for children, youth, students, teachers, parents who suspect that
their personal data has been misused:
ochrana@pdp.gov.sk
You can
find a sample proposal for the
initiation of personal data protection proceedings on the website of the Office (https://dataprotection.gov.sk/uoou/sk/content/konanie-o-ochrane-osobnych-udajov).
Terms and Conditions
Last updated: January 2, 2024
These Terms and Conditions
(“Terms”, “Terms and Conditions”) govern your relationship with When to Fish
mobile application (the “Service”) operated by Moje Apps s. r. o. (“us”, “we”,
or “our”).
Please read these Terms and
Conditions carefully before using our When to Fish mobile application (the
“Service”).
Your access to and use of the
Service is conditioned on your acceptance of and compliance with these Terms.
These Terms apply to all visitors, users and others who access or use the
Service.
By accessing or using the
Service you agree to be bound by these Terms. If you disagree with any part of
the terms then you may not access the Service.
Subscriptions
Some parts of the Service are
billed on a subscription basis (“Subscription(s)”). You will be billed in
advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are
set on a monhtly, semi-annual or annual basis.
At the end of each Billing
Cycle, your Subscription will automatically renew under the exact same
conditions unless you cancel it or When to Fish cancels it. You may cancel your
Subscription renewal either through your online account management page or by
contacting When to Fish customer support team.
Free Trial
When to Fish may, at its sole
discretion, offer a Subscription with a free trial for a limited period of time
(“Free Trial”).
You may be required to enter
your billing information in order to sign up for the Free Trial.
If you do enter your billing
information when signing up for the Free Trial, you will not be charged by When
to Fish until the Free Trial has expired. On the last day of the Free Trial
period, unless you cancelled your Subscription, you will be automatically
charged the applicable Subscription fees for the type of Subscription you have
selected.
At any time and without
notice, When to Fish reserves the right to (i) modify the terms and conditions
of the Free Trial offer, or (ii) cancel such Free Trial offer.
Fee Changes
When to Fish, in its sole
discretion and at any time, may modify the Subscription fees for the
Subscriptions. Any Subscription fee change will become effective at the end of
the then-current Billing Cycle.
When to Fish will provide you
with a reasonable prior notice of any change in Subscription fees to give you
an opportunity to terminate your Subscription before such change becomes
effective.
Your continued use of the
Service after the Subscription fee change comes into effect constitutes your
agreement to pay the modified Subscription fee amount.
Refunds
Except when required by law,
paid Subscription fees are non-refundable.
Accounts
When you create an account
with us, you must provide us information that is accurate, complete, and
current at all times. Failure to do so constitutes a breach of the Terms, which
may result in immediate termination of your account on our Service.
You are responsible for
safeguarding the password that you use to access the Service and for any
activities or actions under your password, whether your password is with our
Service or a third-party service.
You agree not to disclose your
password to any third party. You must notify us immediately upon becoming aware
of any breach of security or unauthorized use of your account.
Intellectual Property
The Service and its original
content, features and functionality are and will remain the exclusive property
of Moje Apps s. r. o. and its licensors. The Service is protected by copyright,
trademark, and other laws of both the Slovakia and foreign countries. Our
trademarks and trade dress may not be used in connection with any product or
service without the prior written consent of Moje Apps s. r. o..
Links To Other Web Sites
Our Service may contain links
to third-party web sites or services that are not owned or controlled by Moje
Apps s. r. o..
Moje Apps s. r. o. has no
control over, and assumes no responsibility for, the content, privacy policies,
or practices of any third party web sites or services. You further acknowledge
and agree that When to Fish shall not be responsible or liable, directly or
indirectly, for any damage or loss caused or alleged to be caused by or in
connection with use of or reliance on any such content, goods or services
available on or through any such web sites or services.
We strongly advise you to read
the terms and conditions and privacy policies of any third-party web sites or
services that you visit.
Limitation Of Liability
In no event shall Moje Apps s.
r. o., nor its directors, employees, partners, agents, suppliers, or
affiliates, be liable for any indirect, incidental, special, consequential or
punitive damages, including without limitation, loss of profits, data, use, goodwill,
or other intangible losses, resulting from (i) your access to or use of or
inability to access or use the Service; (ii) any conduct or content of any
third party on the Service; (iii) any content obtained from the Service; and
(iv) unauthorized access, use or alteration of your transmissions or content,
whether based on warranty, contract, tort (including negligence) or any other
legal theory, whether or not we have been informed of the possibility of such
damage, and even if a remedy set forth herein is found to have failed of its
essential purpose.
Disclaimer
Your use of the Service is at
your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis.
The Service is provided without warranties of any kind, whether express or
implied, including, but not limited to, implied warranties of merchantability,
fitness for a particular purpose, non-infringement or course of performance.
Moje Apps s. r. o. its
subsidiaries, affiliates, and its licensors do not warrant that a) the Service
will function uninterrupted, secure or available at any particular time or
location; b) any errors or defects will be corrected; c) the Service is free of
viruses or other harmful components; or d) the results of using the Service
will meet your requirements.
Governing Law
These Terms shall be governed
and construed in accordance with the laws of Slovakia, without regard to its
conflict of law provisions.
Our failure to enforce any
right or provision of these Terms will not be considered a waiver of those
rights. If any provision of these Terms is held to be invalid or unenforceable
by a court, the remaining provisions of these Terms will remain in effect.
These Terms constitute the entire agreement between us regarding our Service,
and supersede and replace any prior agreements we might have between us
regarding the Service.
Changes
We reserve the right, at our
sole discretion, to modify or replace these Terms at any time. If a revision is
material we will try to provide at least 30 days notice prior to any new terms
taking effect. What constitutes a material change will be determined at our
sole discretion.
By continuing to access or use
our Service after those revisions become effective, you agree to be bound by
the revised terms. If you do not agree to the new terms, please stop using the
Service.
Contact Us
If you have any questions
about these Terms, please contact us.