At MadBot, we are committed to protecting your Personal Data and to providing clear and transparent disclosures about the types of information we collect and how we use it.
For your further visits to our website, we would like to inform you about data collection, processing and use when visiting and using our website. As well as objection, revocation, and other rights to which you are entitled as a person affected by data collection and use.
We would like to ask you to read this policy along with our Cookie Policy and if you are a user of our services, please also refer to our Data Processing Agreement.
In principle, we will only use your Personal Data in accordance with the applicable data protection laws, in particular the Dutch GDPR Implementation Act (“UAVG”) and the General Data Protection Regulation (“GDPR”), and only as described in this Privacy Policy.
General Information
a) What is Personal Data?
Personal Data is any information relating to personal or material circumstances that relates to an identified or identifiable individual. This includes, for example, your name, date of birth, e-mail address, postal address, or telephone number as well as online identifiers such as your IP address. In contrast, information of a general nature that cannot be used to determine your identity is not Personal Data. This includes, for example, the number of users of a website.
b) What is Special Category Data?
Special category data is Personal Data that needs more protection because it is sensitive. This includes Personal Data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic data, biometric data. As well as, data concerning health, a person’s sex life; and a person’s sexual orientation. In order to lawfully process Special Category Data, it is necessary to consent to the processing.
c) What is processing?
"Processing" means any operation or set of operations which is performed upon Personal Data, whether or not by automatic means. The term is broad and covers virtually any handling of data.
d) Responsible for data processing
Responsible for data processing is ParticleByte BV trading as MadBot.ai of Lange Voort 213, 2343CD Oegstgeest, The Netherlands (“MadBot”, “we”, “us” or “our”). We act as the data controller and ask you to direct all questions about your Personal Data directly to us using hi@madbot.ai or write us to the above address.
e) The Legal Bases for processing Personal Data
In accordance with the above-mentioned laws, we have to have at least one of the following legal bases to process your Personal Data:
- you have given your consent,
- the data is necessary for the fulfillment of a contract / pre-contractual measures,
- the data is necessary for the fulfillment of a legal obligation or
- the data is necessary to protect our legitimate interests, provided that your interests are not overridden.
General Principles
a) Security
Our website uses SSL or TLS encryption to ensure the security of data processing and to protect the transmission of confidential content, such as orders, login data or contact requests that you send to us.
You can recognise an encrypted connection if the address line of your browser contains a "https://" instead of a "http://" and also has a lock symbol. If SSL or TLS encryption is activated, the data you transmit to us cannot be read by third parties.
We have also implemented numerous security measures (“technical and organizational measures”) for example encryption or need to know access, to ensure the most complete protection of Personal Data processed through this website.
Nevertheless, internet-based data transmissions can always have security gaps, so that absolute protection cannot be guaranteed. And databases or data sets that include Personal Data may be breached inadvertently or through wrongful intrusion.
Upon becoming aware of a data breach, we will notify all affected individuals whose Personal Data may have been compromised as expeditiously as possible after which the breach was discovered.
b) Minors
We do not request Personal Data from minors and children and do not knowingly collect such data or pass it on to third parties.
c) Automated decision-making
Automated decision-making is the process of making a decision by automated means without any human involvement. Automated decision-making including profiling does not take place.
d) Do Not Sell
We do not sell your Personal Data.
e) Special Category Data
Unless specifically required when using our services and consent is obtained for that particular service, we do not process special category data.
f) Social Media
We are present on social media on the basis of our legitimate interest. If you contact us (or login/connect with us) via social media platforms, we and the relevant social media platform are jointly responsible for the processing of your data and enter into a so-called joint controller agreement. The legal basis is our legitimate interest, your consent or, in some cases, the initiation of a contractual service, if any.
g) International Transfer
We may transfer your Personal Data to other companies and/or business partners as necessary for the purposes described in this Privacy Policy. In doing so, your Personal Data may be transferred to so called third countries. In order to provide adequate protection for your Personal Data when it is transferred, we have contractual arrangements regarding such transfers. We take all reasonable technical and organizational measures to protect the Personal Data we transfer.
h) How long is your data stored?
We process and store your Personal Data only to achieve the respective processing purpose or for as long as a legal retention period exists (in particular Dutch commercial and tax law). Once the purpose has been achieved or the retention period has expired, the corresponding data is routinely deleted.
k) Sharing and Disclosure
We will not disclose or otherwise distribute your Personal Data to third parties unless this is a) necessary for the performance of our services for example with our web host or with our logistic partners to deliver your order, b) you have consented to the disclosure, c) or if we are legally obliged to do so e.g., by court order or if this is necessary to support criminal or legal investigations or other legal investigations or other legal proceedings; as required by law or regulation; if MadBot (or a part of MadBot) is sold to or merged with another company; or proceedings at home or abroad or to fulfill our legitimate interests.
Data we collect automatically
a) Collection of access data and log files
We also collect data on every access to our platform. The access data includes the name of the website accessed, file, date and time of access, amount of data transferred, notification of successful access, browser type and version, the user's operating system, referrer URL (the previously visited page), IP address and the requesting provider.
Log file information is stored for security reasons (e.g., for the clarification of abuse or fraud) for a maximum of 7 days and then deleted. Data whose further storage is necessary for evidentiary purposes is exempt from deletion until the respective incident is finally clarified. The legal basis for the data processing is our legitimate interest in providing an appealing platform.
b) Use of cookies
We use so-called cookies on our web site. Cookies are small text files that are stored on your respective device (PC, smartphone, tablet, etc.) and saved by your browser. For further information please refer to our Cookie Policy. The legal basis for the use of cookies is your consent as well as our legitimate interest.
Data from third party sources
We may obtain data about you from third-party sources, such as our marketing partners, social networks, and other third parties. We may use this data to better analyze your user behavior to improve our ability to provide you with relevant marketing information and services, and to prevent and combat fraud.
Insofar as you have also given us your consent to process your Personal Data for marketing and advertising purposes, we are entitled to contact you for these purposes via the communication channels you have given your consent to.
Data we collect directly
a) General
We may ask you for Personal Data when you:
- use our website,
- request services, support or information,
- participate online or otherwise in marketing activities,
- subscribe to MadBot marketing and promotional emails or other materials,
- interact with us on third-party social networking sites (subject to the terms of use and privacy policies of said third parties), or
- contact us.
Categories of Personal Data we collect may include your name, email address, and IP addresses. We may also collect demographic data such your interests, and preferences.
In order to provide you with a more consistent and personalized user experience in your interactions with MadBot, data collected through one source may also be linked to other data collected by MadBot through other sources. This may include data that helps us identify you when you access our website through several different devices.
b) Contacting us
Personal Data is processed depending on the contact method. In addition to your name and e-mail address, IP address or telephone number, we usually collect the context of your message which may also include certain Personal Data. The Personal Data collected when contacting us is to handle your request and the legal basis is both your consent and Contract.
c) Account Registration
If you register on our website, we will request mandatory and, where applicable, non-mandatory data in accordance with our registration form. The entry of your data is encrypted so that third parties cannot read your data when it is entered. The basis for this storage is our legitimate interest in communicating with registered users and, in the case of contracts, also the storage of contract data.
d) When using our services
We process the data of our registered users in order to be able to provide our contractual services as well as to ensure the security of our services and to be able to develop it further. This includes in particular our support, correspondence with you, invoicing, fulfillment of our accounting and tax obligations. Your data will not be used by us for automated decision making or profiling, nor will it be shared with third parties. Accordingly, the data is processed on the basis of fulfilling our contractual obligations as well as to fulfill our legal obligations.
The legal basis for the data processing is the fulfillment of our contractual obligations and, in individual cases, the fulfillment of our legal obligations as well as your consent.
Please note when using our services, you become the data controller and we become the data processor in accordance with Chapter 4 of the GDPR. Where we process your Personal Data as a data intermediary on behalf of you, we will process the Personal Data involved in accordance with your instructions and shall use it only for the purposes agreed between you and us, for further information please refer to our Data Processing Agreement.
You may entrust information that you or your organization you control, in connection with use of our services or for requesting technical support.
This includes information regarding your employees or data that you hold and use on behalf of another person for a specific purpose. The data may either be processed when you use our services or transferred or shared to us as part of a request for technical support or other services.
We process your data in the context of contractual and comparable legal relationships as well as related measures and in the context of communication with you, e.g., to answer inquiries. We process this data to fulfill our contractual obligations, to secure our rights and for the purposes of the administrative tasks associated with this information as well as for business organization. We only disclose your data to third parties within the scope of the applicable law to the extent that this is necessary for the aforementioned purposes or for the fulfillment of legal obligations or you’re your consent.
Unless otherwise specified the purposes of processing are Contractual performance and service, contact requests and communication, office and organizational procedures, administration, and response to requests. And, the Legal bases are Contractual performance and pre-contractual inquiries, Legal obligation, and our Legitimate interests.
We process your data to enable you to select, purchase or commission the selected services or works as well as associated activities and to pay for and deliver them or to execute or provide them. The required information is identified as such in the context of the specific service, purchase order or comparable contract conclusion and includes the information required for the provision of services and billing as well as contact information.
Unless otherwise specified the purposes of processing are Contractual performance and service, contact requests and communication, office and organizational procedures, administration, and response to requests. And, the Legal bases are Contractual performance and pre-contractual inquiries, Legal obligation, and our Legitimate interests.
In order to provide services and technical support for our services, we engage other service providers and third parties as set out in our Processing Agreement.
We may provide access to your service data to our employees and independent contractors who are involved in providing the services so that they can identify, analyze, and resolve errors. We ensure that access by our employees to your service data is only available on a need-to-know basis, restricted to specific individuals, and is logged and audited. Our employees will also have access to data that you knowingly share with us for technical support or to import data into our products or services. We communicate our privacy and security guidelines to our employees and enforce privacy safeguards strictly.
We may provide access to your service data to your employees, administrators and third parties you have enabled. If you choose to enable any third-party integrations, you may be allowing the third party to access your service data and Personal Data about you. We encourage you to review their privacy practices or provide the relevant (mandatory or voluntary training) before you enable integrations with them.
f) Administration, financial accounting, office organization, contact management
We process data in the context of administrative tasks as well as organization of our business, and compliance with legal obligations, such as archiving. In this regard, we process the same data that we process in the course of providing our contractual services. The processing bases are our legal obligations and our legitimate interest.
g) Credit/Debit Cards Payments
Payment by credit card and debit card is made via the payment service provider Stripe to which you pass on your payment details during the checkout, for payment processing. The legal basis for the provision of a payment system is the establishment and implementation of the user contract for the use of the service.
Data processing through integration of third-party services and content
We use content or service offers of third-party providers on the basis of our legitimate interests in order to integrate their content and services ("content").
This always requires that the third-party providers of this content are aware of the IP address of the user, as without the IP address they would not be able to send the content to their browser. The IP address is therefore necessary for the display of this content.
The following provides an overview of third-party providers and their content, together with links to their privacy policies, which contain further information on the processing of data and so-called opt-out measures, if any:
If you do not wish to participate in our advertising personalization or retargeting/tracking you can object to behavioral advertising at the following websites: Your Online Choices, Digital Advertising Alliance of Canada, Network Advertising Initiative or AdChoices.
Your Rights and Privileges
a) Privacy rights
Under the UAVG and the GDPR, you can exercise the following rights:
- The right to access – You have the right to request copies of your Personal Data. We may charge you a small fee for this service.
- The right to rectification – You have the right to request that we correct any information you believe is inaccurate. You also have the right to request us to complete the information you believe is incomplete.
- The right to erasure – You have the right to request that we erase your Personal Data, under certain conditions.
- The right to restrict processing – You have the right to request that we restrict the processing of your Personal Data, under certain conditions.
- The right to object to processing – You have the right to object to our processing of your Personal Data, under certain conditions.
- The right to data portability – You have the right to request that we transfer the data that we have collected to another organization, or directly to you, under certain conditions.
If you have any questions, please contact us.
b) Updating your information
If you believe that the information, we hold about you is inaccurate or request its rectification, deletion, or object to its processing, please do so by contacting us.
c) Withdrawing your consent
You can withdraw consents you have given at any time by contacting us.
d) Access Request
In the event you want to make a Data Subject Access Request, please contact us. We will respond to requests regarding access and correction as soon as reasonably possible. Should we not be able to respond to your request within thirty (30) days, we will tell you why and when we will be able to respond to your request. If we are unable to provide you with any Personal Data or to make a correction requested by you, we will tell you why.
e) Complaint to a supervisory authority
You have the right to complain about our processing of Personal Data to a supervisory authority responsible for data protection. The supervisory authority is: Autoriteit Persoonsgegevens
PO Box 93374, 2509 AJ Den Haag, The Netherlands, www.autoriteitpersoonsgegevens.nl
Changes
We may update this Privacy Policy from time to time. If we make changes to this Privacy Policy or materially change our use of your Personal Data, we will revise the Privacy Policy accordingly.
Questions?
If you have any questions about the processing of your Personal Data, please contact us using hi@madbot.ai or write us to the above address.
This Privacy Policy was last updated on Thursday, 16 February 2023
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