InkPoster Privacy Notice Application
Pocketbook International S.A.
InkPoster Privacy Notice
This Privacy Notice comes into force on 31 December 2024
This Privacy Notice will be available by following this link.
INTRODUCTION
Welcome to the InkPoster Privacy Notice.
Pocketbook International SA (“PocketBook”) respects your privacy and is committed to protecting your personal data. This Privacy Notice will inform you as to how we look after your personal data when you use your InkPoster Device when it is connected to Wi-Fi and InkPoster Application and will tell you about your privacy rights and how the law protects you.
This Privacy Notice is provided in a layered format, so you can click through to the specific areas set out below.
1. IMPORTANT INFORMATION AND WHO WE ARE
PURPOSE OF THIS PRIVACY NOTICE
This Privacy Notice aims to give you information on how Pocketbook International SA collects and processes your personal data through your use of your InkPoster Device (“Device”) and InkPoster Application (“Application”), including any data you may provide by using other services of Pocketbook International SA or our partners. We refer to Device, Application together with our other services, as “Services” in this Notice. Pocketbook International SA, based in Lugano, Switzerland. More information about the Device, Application, and Pocketbook International SA is available at https://inkposter.com.
The Services are not intended for children under 16, and Pocketbook International SA does not knowingly collect data relating to children. Users must be at least 16 years old or older to register for a Services Account to use PocketBook Services. If a parent or guardian believes that Pocketbook International SA has in its database the personal information of a child under the age of 16, please contact us at [email protected] and we will put our best efforts into removing the information from our records.
It is important that you read this Privacy Notice together with any other privacy notice or fair processing notice that we may provide on specific occasions when we are collecting or processing personal data about you, so that you are fully aware of how and why we are using your data. This Privacy Notice supplements other notices and is not intended to override them.
If you do not agree with this notice, do not access or use our Services or interact with any other aspect of our business.
CONTROLLER
Pocketbook International SA is the controller and responsible for your personal data (collectively referred to as “PocketBook”, “we”, “us”, or “our” in this Privacy Notice).
If you have any questions about this Privacy Notice, including any requests to exercise your legal rights under the applicable data privacy regulation, please contact us by email [email protected].
CHANGES TO THE PRIVACY NOTICE AND OUR DUTY TO INFORM YOU ABOUT CHANGES; YOUR DATA ACCURACY.
We may revise the provisions of this Privacy Notice as necessary. The latest version of the Privacy Notice will govern the terms and conditions of use by us of your personal data, and it will always be published at ***.
For the Services and purposes listed below, we keep your personal data accurate and up-to-date. If you believe that the accuracy of your data is contested or that the personal data we already keep about you has been replaced with new personal data, please make sure to provide us with the notification to change and update your personal data accordingly.
THIRD-PARTY LINKS
Your Application may have links to third-party websites, plug-ins, and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites, plug-ins, or applications and are not responsible for their privacy notices.
2. THE DATA WE COLLECT ABOUT YOU
Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data from which the identity has been removed (anonymous data).
Please note that InkPoster Device itself do not collect any kind of personal identity, contract, financial, or transaction data about you through the InkPoster Device.
When you install and use InkPoster Application, we can collect the following information:
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Contact Data includes your e-mail address. We collect this data to enable you to log in to your account and receive access to the InkPoster Gallery. We also need your e-mail address to provide you with Support services and troubleshooting, per your request.
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Technical Data includes your login data, time zone setting, device model, firmware version, InkPoster device settings data, image set to display on the InkPoster Device, and other technology on the devices you use to access Application.
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Usage Data includes information about how you use your InkPoster Application. By Usage Data we mean: information concerning which buttons on the Application you click, which you do not, how often you use the buttons, changing the interface language. We collect this information to improve user experience. Understanding your usage preferences gives us the opportunity to develop a better user experience for our devices and applications, which will have higher reliability, usability, compressed functionality, and extremely easy usage.
3. HOW IS YOUR DATA COLLECTED?
We use automated technologies or interactions as the method to collect data from and about you. As you interact with our InkPoster Application, we may automatically collect Technical Data and Usage Data about your using the InkPoster Device and Application. This is non-identified information which can be collected from your InkPoster Application.
4. HOW WE USE YOUR PERSONAL DATA
PURPOSES FOR WHICH WE WILL USE YOUR DATA
We have set out below, in a table format, a description of all the ways we plan to use the data we collect from your InkPoster Device and Application, and which legal basis we rely on to do so. We have also identified, where appropriate, what our legitimate interests are.
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Purpose/Activity |
Type of data |
Legal basis for processing, including the basis of legitimate interest |
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To use data analytics to improve InkPoster Device and Application, and make your InkPoster journey experience better; to assess customer engagement, identify potential quality issues |
(a) Technical (b) Usage |
Necessary for our legitimate interests (to define types of customers for our products and services, to keep our Services updated and relevant, and to develop our business) |
|
To log in to your account; to provide you with support services and for when you contact us directly (repairment of devices, firmware troubles resolving, updates, return and refund of devices) |
(a) Contact (your e-mail address and login) |
Necessary for the performance of our end-user license agreement (EULA) with you Necessary for compliance with legal obligations according to customer protection laws |
|
Marketing communication |
(a) Contact (e-mail address) |
Subject to Your consent |
5. DISCLOSURE OF YOUR PERSONAL DATA
In any case, we do not share your personal data, with the exception of the parties set out below for the purposes set out in the table in paragraph 4.
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internal third parties, namely, other companies in the PocketBook Group, acting as joint controllers or processors, who are based within and outside the EEA and who provide IT and system administration services and undertake management reporting.
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external third parties, namely, service providers acting as processors, who provide IT and system administration services and support for the Services.
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the public authorities, regulators, or governmental bodies and courts, where we are required to disclose information by applicable law or regulation, at their request, or to safeguard our legitimate interests.
We require all third parties to respect the security of your personal data and treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.
6. INTERNATIONAL TRANSFERS
PocketBook is a worldwide company, which collects information globally, and we primarily store that information in the Netherlands and Germany. By using Services, you authorize us to transfer and store your information outside your home country for the purposes described in this Privacy Notice. The privacy protections and the rights of authorities to access your information in these countries may not be the same as in your home country.
We take additional measures when information is transferred from Switzerland and the European Economic Area (EEA). This includes having standard contractual clauses approved, issued, or recognized by the European Commission and the Swiss Federal Data Protection and Information Commissioner in our contracts with parties that receive information outside the EEA. We also rely on European Commission adequacy decisions about certain countries, subject to their recognition by the Swiss Federal Counsel by including such countries to Annex 1 of the Ordinance, as applicable, for data transfers to countries outside Switzerland and the EEA. In exceptional cases, transfer to countries without adequate protection may also be permissible in other cases, e.g. based on consent, in connection with legal proceedings abroad, or if the transfer is necessary for making or performing a contract.
7. DATA SECURITY
We have put in place appropriate security measures to prevent your data from being accidentally lost, used or accessed in an unauthorized way, altered, or disclosed. In addition, we limit access to your data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions, and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
In addition, we limit access to your personal data to those employees, agents, contractors, and other third parties who have a business need to know. They will only process your personal data on our instructions, and they are subject to a duty of confidentiality. Organizational security measures include training our employees, having confidentiality agreements with employees, agents, contractors, and other third parties, and conducting audits. We also require our processors to take appropriate technical and organizational security measures.
We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
8. DATA RETENTION
HOW LONG WILL YOU USE MY PERSONAL DATA FOR?
We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your data, the purposes for which we process your data and whether we can achieve those purposes through other means, and the applicable legal requirements.
In some circumstances you can ask us to delete your data: see Request erasure below for further information.
In some circumstances we may anonymize your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notifying you.
9. YOUR LEGAL RIGHTS
Under certain circumstances you have rights under data protection laws in relation to your personal data. As a user of Services you have such rights, to:
Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. Those circumstances include: the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed; you withdraw consent to consent-based processing; you object to the processing under certain rules of applicable data protection law; the processing is for direct marketing purposes; and the personal data have been unlawfully processed. However, there are exclusions of the right to erasure. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully, or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which we will notify you of, if applicable, at the time of your request. The general exclusions include where processing is necessary: for compliance with a legal obligation; or for the establishment, exercise, or defense of legal claims.
Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation that makes you want to object to processing on this ground as you feel it impacts your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise, or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
Request the transfer of your personal data to you or to a third party. We will provide you, or a third party you have chosen, with your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information that you initially provided consent for us to use or where we used the information to perform a contract with you.
Withdraw your consent at any time where we rely on your consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
You also have a right to lodge a complaint with the competent supervisory authority. We are grateful for the opportunity to address the concerns you may have in connection with our data processing. However, you are free to lodge a complaint with the competent data protection authority (Article 49 FADP or Article 13 Paragraph 2 Letter d) GDPR). The competent data protection authority in Switzerland is the Federal Data Protection and Information Commissioner (http://www.edoeb.admin.ch).
If you wish to exercise any of the rights set out above, please contact us by using this e-mail [email protected] and write about your request.
NO FEE USUALLY REQUIRED
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive, or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
WHAT WE MAY NEED FROM YOU
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to anyone who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
RESPONSE TIME LIMITS
We try to respond to all legitimate requests within 30 (thirty) days. Occasionally it may take us longer than 30 days if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.