Policy regarding protecting personal data of users

Effective as of 1 October 2021.

1. Definition and nature of personal data

Upon visiting our site www.pocketdynos.com, purchasing on our online shop or downloading  the Pocket Dyno App from Google Play Store or App Store, we may ask you to provide us with some of your personal data for the scope of using the services offered by  Pocket Dyno, represented by Leo Angelo Marrero.

In the context of this policy, the term “personal data” is used to refer to any data that make it possible to identify an individual, such as your full name, gender, postal and e-mail addresses, telephone numbers, profession, data relating to your transactions, bank statement of identity, and any other information you may provide us.

Pocket Dyno reserves the right to create an anonymous user database. This database allows Pocket Dyno to collect your user data for the purpose of improving its services, and to collect user data in order to feed the reference values of the statistical samples. In case Pocket Dyno decides to set up such a database, it will undertake to inform the users in advance by e-mail with a minimum of one (1) month before the set-up.

Users will then be able, if they wish to, to give expressly their agreement. If a user doesn’t give express agreement, Pocket Dyno will not collect the  data of this  user to feed its database.

The user has the possibility to give his consent at any time by sending an e-mail  to Pocket Dyno at info@pocketdynos.com

 

2. Purpose of this Policy

The purpose of this Policy is to inform you of the means we are implementing to collect your personal data, in full respect of your rights.

We would like to inform you that, for the collection and the management of your personal data, we comply with Law No 78-17 of 6 January 1978 on information technology, data files and freedoms, as it currently stands (hereinafter: The ‘ Law on Information Technology and Liberties ’) and Regulation (EU) 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (hereinafter: The “ GDPR ”).

 

3. Identity of the data collection controller

The entity responsible for collecting your personal data is the company Pocket Dyno, represented by Leo Angelo Marrero

 

4. Collection of personal data

Your personal data are collected for one or more of the following purposes:

Manage your access to and use of certain services accessible on the Pocket Dyno App

Perform operations related to customer management (contracts, orders, deliveries, invoices, coupons & customer relationship management),

Maintain a database of customers and prospects;

Send newsletters, requests and promotional messages. If you do not wish to receive those, we are giving you the opportunity to express your refusal on this subject when we collect your data.

Develop business and usage statistics;

Manage people’s feedback on products, services or content,

Manage outstanding amounts and potential disputes concerning the use of our products and services,

Customize responses to your requests for information,

Comply with our legal and regulatory obligations.

When collecting your personal data, we will inform you which data are mandatory and which data are optional. The mandatory data are necessary for the operation of the services. For the optional data, you are entirely free to fill them in or not. We will also inform you of the possible consequences of not filling in the optional data.

 

5. Recipients of the data collected

Your personal data will be accessible by authorized personnel and by the controlling bodies (e.g.   auditors) only.

Your personal data may also be sent to public bodies such as court officers, ministry officers and bodies responsible for the recovery of debts, exclusively in order to meet our legal obligations.

Your data may also be accessible employ third-party companies and individuals we employ due to the following reasons:

To facilitate our products and services;

To provide the products and services on our behalf;

To assist in analyzing how our products and services are used.

These thirty-party companies and individuals are obligated not to disclose or use the information for any other purpose

 

6. Time limits for the storage of personal data

With regards to client management data and prospects:

Your personal data are retained for the period strictly necessary for the management of our business relationship with you.

Concerning possible market prospections, your data may be stored for a period of 3 (three) years from the end of the business relationship.

The data concerning the evidence of a right or of a contract, which must be retained for complying with a legal obligation, will be retained for the period prescribed by the law in force.

Personal data related to a prospect who is not a client, may be retained for a period of 3 (three) years from their collection or last contact with the prospect.  At the end of that period of 3 (three) years, we may resume contact with you in order to know whether you want to continue to receive

commercial solicitations.

With regards to user profile data:

If the user has accepted the collection of his/her user data from in the anonymous database of Pocket Dyno, this data will be retained for a period of 5 (five) years from their collection.

With regard to the management of opposition lists to receive prospecting:

Information concerning the exercise of your right to object shall be kept at least 3 (three) years after the exercise of the right to object.

At the end of the period necessary for conservation, the data will be anonymized and exclusively kept for statistical purposes and will not give rise to any commercial exploitation.

Audience measurement statistics and raw traffic data are not stored for more than thirteen (13) months.

 

7. Security

We are taking all appropriate organizational and technical measures to safeguard the security, integrity and confidentiality of your personal data, and in particular to prevent them from being distorted, damaged or that they are accessed by unauthorized parties. We also use secure payment systems in line with the state of the art and with the applicable regulation.

 

8. Local Data

Your data might be stored locally on your local devices internal memory. In this case, Pocket Dyno shall bear no responsibility concerning the use by the user of the data stored locally.

 

9. Cookies

Cookies are text files, often encrypted, stored in your browser. They are created when the browser of a user uploads a given website: the site sends information to the browser, which then creates a text file. Whenever the user returns to the same site, the browser will retrieve this file and send it to the server of the website.

The cookies on our site serve one or more of the following purposes:

Allowing users to benefit from the services offered

Customizing the services offered

Optimizing user experience

Analyzing the use of the Pocket Dyno application with the aim of improving the services offered

 

The ‘necessary’ cookies whose sole purpose is to ensure the functioning of the site and to provide you with the services requested are not subject to obtaining your consent.

However, the other cookies will only be left on your device if you accept the terms of their use by continuing your navigation on our site.

You can at any time decide to activate or deactivate these cookies, free of charge, acknowledging that this may reduce or prevent access to all or part of the services we are offering.

A distinction can be made between different types of cookies, which do not have the same purpose:

Technical cookies are used throughout your navigation, in order to facilitate and carry out certain functions. For example, a technical cookie can be used to memorize the answers given on a form or the user preferences regarding the language or presentation of a website, when such options are available. We use technical cookies. You can object to the use of these cookies.

Marketing cookies can be created by social platforms to allow web developers to share the content of their website on these platforms. Such cookies can be used by social platforms to track the navigation of internet users on the relevant website, regardless of whether or not they use such cookies. The aim is, for example to display content that specifically concerns you.  We use marketing cookies. You can object to the use of cookies and we also invite you to consult the privacy policies of the social platforms at the origin of these cookies, to understand the purposes of use of the navigation information they can collect from these cookies and how to exercise your rights in these platforms.

Advertising cookies can be created not only by the website on which the user navigates, but also by other websites disseminating advertisements, ads, widgets or other elements on the page displayed. These cookies can be used to carry out targeted advertising, i.e. advertising based on user navigation. We do not use advertising cookies. If we decide to do so at a later stage, we will ask you to give your agreement before depositing them. You will also have the opportunity to inform yourself about their nature, to accept them or to refuse them.

Statistical cookies are set by means of tools for statistics and traffic measurement. These cookies allow collection and communication of anonymous information to understand how you interact with our website. We use statistical cookies. You can object to the use of these cookies.

You may object to cookies being put in your browser. Such an objection could, however, prevent the proper functioning of the application.

 

10. Access to your personal data

In accordance with Law on Information Technology and Liberties  No 78-17 of 6 January 1978 and with the GDPR, you have the right to obtain the transmission and, where applicable, the rectification or erasure of data concerning you by contacting:

e-mail address:  info@pocketdynos.com

Persons whose data are collected on the basis of our legitimate interest, as referred to in Article 4, are reminded that they may at any time object to the processing of their personal data, and in particular to the use of the statistical and marketing cookies described in Article 9. However, we may need to continue the processing if there are legitimate grounds for processing that take precedence over your rights and freedoms or if the processing is necessary to establish, exercise or defend our rights in court.

 

12.  Portability of your personal data

You have a right to the portability of your personal data, understood as the data you have actively and consciously declared in the context of access to and use of the services, as well as data generated by your activity in the context of the use of the services. We would remind you that this right does not relate to data collected and processed on another legal basis than the consent or execution of the contract between us. This right can be exercised free of charge at any time, and in particular when closing your account on the Application, in order to retrieve and retain your personal data. In this context, we will address your personal data, by any means deemed useful, in a commonly used and machine-readable standard open format in accordance with the state of the art.

 

11. Right to define guidelines on data processing after death

You have the right to define instructions relating to the storage, erasure and disclosure of your personal data after death. These instructions may be general, that is to say, they relate to all the personal data relating to you. In this case, they must be registered with a digital trust third party certified by the Office of the Privacy Commissioner of Canada. The instructions can also be specific to data processed by our company. You should then send them to the following contact details:

e-mail address:   info@pocketdynos.com

By sending us such instructions, you expressly give your consent for these instructions to be retained, transmitted and implemented in accordance with the rules laid down in this document. You can designate in your instructions a person responsible for their implementation. When you are deceased, this person will qualify to acquaint himself/herself with those instructions and ask us for their implementation. If you don’t designate a person, your heirs will be qualified to acquaint themselves with those instructions and ask us for their implementation. You can modify or revoke your instructions at any time by writing to the contact details above.

 

13.  Lodging a complaint with a supervisory authority

You have the right to lodge a complaint with the competent supervisory authority (for example in Canada Office of the Privacy Commissioner of Canada) in you province of residence, place of work or the place where the infringement of your rights has been committed, if you consider that the processing of your personal data which is the subject of this Policy constitutes a violation of the applicable texts. Such an appeal may be exercised without prejudice to any other action before an administrative or judicial court. You also have the right to an effective administrative or judicial remedy if you consider that the processing of your personal data which is the subject of this Policy constitutes a violation of the applicable law.

 

14. Restriction of processing

You have the right to obtain a restriction on the processing of your personal data in the following cases:

During the period of verification that we are implementing, when you challenge the accuracy of your personal data,

When processing such data is unlawful, and you prefer limiting this processing instead of deleting your data,

When we no longer need your personal data but you  want to keep them to exercise your rights,

During the period of verification of legitimate reasons, when you are opposed to the processing of your personal data.

 

15. Amendments

We reserve the right, at our sole discretion, to modify this Policy at any time, in whole or in part. You will be informed of these changes by email if we have been informed about your email address. Otherwise you will be informed when downloading the Application after the entry in force of the new Policy. These amendments will enter into force as from the date of publication of the new Policy. Your visits to the online shop, the website www.pocketdynos.com  and your use of the Pocket Dyno App following the entry into force of these amendments will be deemed to be recognition and acceptance of the new policy. If you fail to do so, and if the new policy does not suit you, you should no longer access the application.