PRIVACY POLICY

of Creerplan OÜ

In force since: 01.08. 2022

Last update: 01.01. 2023

  1. Purpose and Principles of Processing of Personal Data
  1. We Process Personal Data for the provision of our Services, in which aspect we are a Data Controller (e.g. regards to Visitors of our Web Page or Users of our Services Platform). We may also Process certain Data Subjects’ information in anonymized form for the optimization of our Services.
  2. Personal Data is Processed in a reliable and confidential way. We respect Data Subject’s right to the protection of their Personal Data and we shall do our best to ensure that Personal Data collected by us is well protected. 
  3. Personal Data is Processed lawfully and purposefully in a transparent way. We only collect Personal Data that is needed for the provision of Services and carrying out of the Agreement. We do not collect or Process the Personal Data that we do not need. We never sell Personal Data. All transfers of Personal Data have a valid legal basis. 
  4. Personal Data Processing is limited to what is necessary and Personal Data is kept accurate, if feasible. Users of other natural persons representing the Clients may at any time request information about Personal Data that we have collected and request amendments of inaccurate information, so that amendments are made within a reasonable time, that is as a rule – a month as of the request. We retain the right to delete, amend, blur or make invisible information that is not relevant nor necessary for the provision of Services, including information that may be regarded by us as offensive, triggering or breaching the good manners or common politeness rules.
  5. Personal Data is stored for as long as the retention of data is required by law or necessary for the provision of Services under the Agreement according to the terms of the Agreement until the termination of the Agreement. At the end of the retention period, we shall permanently erase the Personal Data (please see clause 8).
  6. For the purposes of this Policy, the following Definitions shall apply.
  1. Definitions

• Agreement – the service agreement pursuant to the Terms of Service that is concluded between Users of the Services  and Creerplan OÜ (MOTIVEER). 

• User of the Service/ User – a legal person (Client or Development Expert) to whom we provide Services under the Agreement.

• Data Controller – a legal person who determines the purposes and means of the Processing of Personal Data. Creerplan OÜ, registry code 16010673, registered address Vesivärava Str 50, 10152 Tallinn, Estonia, is Data Controller for the purposes of this Policy, unless stated otherwise in this Policy. 

• Cookie Policy – policy about usage of cookies related to provision of our Services, available at our Web Page.

• Data Subject – User, Visitor or a representative of our User who is a natural person (who is not a legal person) about whom we collect Personal Data in order to carry out the Agreement and provide our Services.

• EEA – European Economic Area (the European Union Member States, Norway, Iceland and Liechtenstein).

• Estonian PDP Act – Estonian Personal Data Protection Act (https://www.riigiteataja.ee/en/eli/523012019001/consolide contains English translation).

• GDPR – EU General Data Protection Regulation no 2016/679.

• Services Platform – platform of Creerplan OÜ for the provision of Services to Users, that is situated at our Web Page.

• Personal Data – any information relating to a natural person who can be identified, in particular by reference to an identifier such as a name, location data, contact information.

• Policy – the current privacy policy.

• Processing – any operation or set of operations which is performed on Personal Data, whether or not by automated means or manually.

• Services – we provide Users with the possibility to use our Services Platform in order to find the best-suited match for Development Services, by matching Users profile data and criterias for the services.  Profile data and criteria is given by Users. Some parts of Services, usually in limited scope, may be provided to Visitors as well upon our sole discretion.

In order to facilitate user experiences, we use services of the Data Processors and Cookies pursuant to in our Cookie Policy. 

• Visitor – anyone using or browsing our Web Page, presumably, due to the B2B nature of the Services Platform, a legal person or a self-employed professional entrepreneur (presumably a “FIE” under Estonian law).

• Web Page – our web page at URL https://www.motiveer.eu.  

  1. Content of Personal Data
  2. Personal Data we Process about Visitors

We may collect data when you visit our Web Page or use our Services Platform by using Cookies (see Cookie Policy) or other similar technologies (e.g. IP address, equipment information, location information) and Process the data. This data, among other information, may be as follows:

  1. personal information, such as IP address, time, and location;
  2. information on usage or patterns of reading information on the Web Page and/or Services Platform and other web log data, such as the sub-pages you visit on the Web Page, the date and time of your visit, the files that you download and the URLs from the websites you visit before and after navigating to the Web Page;
  3. technical data, including but not limited to information about your IP address and domain name, your soft- and hardware attributes (including device IDs) and your general geographic location (e.g. city, country);
  4. e-mail addresses, when you subscribe to our newsletters or download content from Web Page  or Services Platform.
  5. Personal Data we Process about Users and representatives of the Users relating to Services offered by the Platform

Concluding the Agreement and providing Personal Data for the necessities of carrying out of the Agreement is voluntary, but without this Personal Data we cannot provide you with Services and will not sign an Agreement with you, or will need to prematurely terminate our Services and the Agreement, should you request termination of Data Processing or deleting of provided Personal Data. 

  1. contact details, such as address, e-mail address, telephone numbers, IP address and presented document type (e.g. certifications of qualification);
  2. technical data about device, including but not limited to information about the date, time and your activity in the Services, your IP address and domain name, your software and hardware attributes as well as your general geographic location (e.g. city, state, country);
  3. publicly available relevant data;
  4. personal information provided by the User, e.g. data from communications with us, feedback data etc;
  5. personal information provided by natural persons who have participated in our product and market research initiatives;
  6. in cases where having a legal basis, e.g. a consent, for Processing certain Personal Data about a User is a prerequisite for providing the Services, then evidence, that we have obtained such consent.
  7. We use the collected data to enable the provision of the Service in accordance with the habits of a Visitor/ User, to ensure the best Services’ quality, to inform the Visitor/User about the contents and give recommendations, and to update advertisements on the Web Page or Services Platform and make marketing efforts more efficient. The collected data shall also be used for counting the Visitors/Users and learning patterns of their habits.  However, we do not send marketing related e-mails or otherwise actively approach them with newsletters or other advertisement notices without their prior consent, that can be given by the User/ Visitor in the form of a subscription to our newsletters and can be withdrawn any time.
  1. Legal grounds and Purposes of Processing of Personal Data
  1. Provision of Services. Our main purpose for Processing of Personal Data is provision of Services to Users (or in limited scope, also to Visitors) so that Users can be matched with each other with the help of Platform related to professional development services. 
  2. You can present a data request for Service Provision so that your name, e-mail address and phone number are not disclosed and any of these elements of Personal Data are only disclosed if you make such an explicit choice that is regarded as your explicit consent. 
  3. Legitimate interests. We also Process your Personal Data if Processing is necessary in our legitimate interests, meaning our interest in the management and direction of our business in order to be able to offer the best possible services on the market. For our legitimate interest, we may Process Personal Data for the following purposes:
  1. for analyzing the use of our Services (both our and the Services provided by our external service providers), and using research and analysis results (among other methods, for carrying out satisfaction surveys, feedback questionnaires) for developing our products and services (including development of autonomous and automated decision-making processes);
  2. for the transmission of information about our Services;
  3. for administration and analysis of the User base to improve the availability, selection and quality of Services, and to make our Services more personalized;
  4. for analysis of Personal Data collected upon the use of Web Page, mobile applications and other Services for ensuring and improving functioning of Services, for statistical purposes and for analyzing Visitor/User behavior, and for improving the user experiences of the latter;
  5. for monitoring the usage of the Services. We may record the messages and instructions given by means of communication (e-mail, telephone, etc.), as well as information and other operations carried out by us, and we may use those recordings as needed to evidence instructions or other operations;
  6. for network, information and cyber security considerations, for example, for preventing piracy and for ensuring the security of the Web Page, Services Platfrom and related Services, as well as for the measures taken for making and storing backup copies;
  7. for the establishment, exercise or defense of legal claims;
  8. for obtaining proof that we have legal basis for Processing of Personal Data;
  9. for transferring of User/ base in case of selling and transferring part of whole of the business related to Services Platform to any other legal person who operates within EU/EEA or does not Process Personal Data outside EU/EEA.
  1. Rights of the Data Subject
  1. If you wish to exercise any of your rights regarding Personal Data or ask questions about this Policy, please read further in the GDPR or submit a corresponding request to us at info@motiveer.eu.  We will respond to your request by e-mail as a rule no later than within one month. Before we can provide you with the requested information regarding your Personal Data, we may need to verify your identity, to ensure the safety and protection of your Personal Data.
  2. Data Subject has the following rights in relation to its own Personal Data:
  1. Right of access to Personal Data – you have the right to know which of your Personal Data we store and how we Process it, including the right to know the purpose of the Processing, the persons to whom we may disclose your Personal Data, information about automated decision-making and the right to receive copies of Personal Data;
  2. Right to rectification of Personal Data – you have the right to request the rectification of inadequate, incomplete and/or misleading Personal Data.
  3. right to withdraw the consent given for the Processing of Personal Data – you have the right at any time to withdraw the consent given to us for the Processing of Personal Data. Withdrawal of your consent shall not affect the legality of the Processing of Personal Data that was made on the basis of consent before the withdrawal.
  4. Right to erasure of Personal Data (“right to be forgotten”) – you have the right to request that we erase your Personal Data, for example, if you take back consent for the Processing of Personal Data, or if Personal Data is no longer needed for the purpose for which it was collected. We have the right to refuse the erasure of Personal Data if the Processing of Personal Data is necessary for the fulfilment of our legal obligation, to exercise the right to freedom of expression, for the preparation, presentation of or protection against legal claims, or in the public interest.
  5. Right to restriction of Processing – in certain cases, you have the right to prohibit or restrict Processing of your Personal Data for a certain period of time (e.g. if you have filed an objection to Personal Data Processing).
  6. Right to object – you have the right to file an objection if your Personal Data Processing takes place on the basis of our legitimate interest or public interest. You shall have the right to object at any time to Processing of Personal Data for direct marketing purposes. If we perform automated decision-making (including profiling) that will produce legal effects for you, then you may file an objection and require human intervention in the decision-making process.
  7. Right to data portability – If your Personal Data Processing is based on your consent and Personal Data is Processed automatically, you shall be entitled to receive your Personal Data that you submitted to us, in a structured, commonly used and machine-readable format, and you shall have the right to transmit or request us to transfer this Personal Data to another Data Controller, where technically feasible and reasonable and the Personal Data has not been deleted by that time.
  8. Submission of complaint – If you find that your rights regarding the Processing of your Personal Data have been breached by us, you have the right to complain to Estonian Data Protection Inspectorate: registered office at 39 Tatari St., 10134 Tallinn, phone nr (+372)6274135, e-mail address info@aki.ee.
  1. Disclosure and transfer of Personal Data
  1. Due to legal requirements, we may be obliged to disclose or grant access to your Personal Data to the competent authorities and the supervisory authority (e.g. a court or a government agency).
  2. We are entitled to disclose Personal Data to our external service providers that are Data Processors. If you have additional questions regarding to Data Processors, please send relevant request to e-mail address info@motiveer.eu.
  3. the event that we need to transfer your Personal Data outside the EU/EEA, the transmission shall be in accordance with the requirements, principles and safeguards as stated in the GDPR, such as relying on adequacy decisions issued by or standard contractual clauses approved by the European Commission.
  1. Security of Personal Data
  1. We apply various commercially reasonable measures (physical, technical, organizational) to protect your Personal Data from unauthorized or arbitrary modifications, disclosure, acquisition, destruction, loss, theft, misuse, alteration or unauthorized access.
  2. However, electronic transmission or storage of information is not always 100% secure. Therefore, despite the security measures that we have put in place to protect your Personal Data, we cannot guarantee that loss, misuse or alteration of data will never occur. If you have any information about an actual or suspected data breach, please inform us immediately at info@motiveer.eu. We will deal with the issue immediately and inform the Estonian Data Protection Inspectorate in case of breach of Personal Data within time period and specific regulation provided for under GDPR.
  1. Retention and erasing of Personal Data
  1. We shall store your Personal Data for as long as required by law or in accordance with the law, or for the purposes stated in this Policy.
  2. We store the data of Users or Clients during the period set forth in the Agreement.
  3. We may store your Personal Data for a longer period than the Agreement duration if we have a legal basis do to so. Personal Data, which is used for product development and or marketing purposes based on legitimate interest, will be deleted latest in 30 days after legitimate interest is ended or after receiving relevant application for deleting Personal Data. 
  4. After the expiration of the Personal Data storage period, we shall erase your Personal Data.
  1. Availability of and entry into force of amendments to the Privacy Policy
  1. This Policy is available on our Web Page.
  2. We may modify the Policy from time to time. Amended and updated versions to this Policy enter into force upon its publication on the Web Page.
  3. In case of discrepancies, Estonian version of this Policy shall prevail over English version.

Info@motiveer.eu

Vesivärava 50, 10126 Tallin

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