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In this privacy policy we, SOFTKEYCART.COM, wish to explain
how we handle personal data of our Users when they visit our website and use
our services.
All the terms used in SOFTKEYCART.COM Terms & Conditions
have the same meaning as in this Privacy Policy. When you first visit SOFTKEYCART.COM
site, you will be asked to consent to our use of cookies in accordance with
these terms.
We incorporate such privacy controls, that will provide you
with controls on deciding how we will process your personal data. Use privacy
controls, with which you can specify whether you would like to receive direct
marketing communications from SOFTKEYCART.COM.
Please let us know if the personal information that we hold
about you needs to be corrected or updated.
If you wish to exercise any of your rights provided in this
Privacy Policy or contact us regarding all privacy-related issues, you may
submit or request by email: [email protected].
How is our site using your data and how long are we storing
them?
We process data about your use of our website and services
(“usage data”). The usage data may include your IP address, geographical
location, browser type and version, operating system, referral source, length
of visit, page views and website navigation paths, as well as information about
the timing, frequency and pattern of your service use. We obtain such data
through the use of cookies and similar technologies.
We process usage data to have a better understanding of how
you use our website and services. The legal basis for this processing is our
legitimate interest, namely monitoring and improving our website and services
and accommodating the services for individual interests of every User.
We process your account data (“account data”). The account
data may include your name and email address, phone number and other data that
you provide while registering as well as your purchase history. We obtain such
data directly from you.
We process account data for the purposes of operating our
website, providing our services, ensuring the security of our website and
services and communicating with you as our User. The legal basis for this
processing is the performance of a contract between you and us and/or taking
steps, at your request, to enter into such a contract as well as our legitimate
interest, namely monitoring and improving our website and services.
We process information relating to provision of services by
us to you in our website (“transaction data”). The transaction data may include
your contact details, bank account details and the transaction details. The
transaction data is processed to supply purchases goods and provide services
and keep proper records of those transactions. The legal basis for this
processing is the performance of a contract between you, other Users and us
and/or taking steps, at your request, to enter into such a contract and our
legitimate interests, namely the proper administration of our website and
business.
We process information related to anti-money laundering
prevention measures (“AML data”). AML data may additionally include address or
residence, ID documentation, including your photo, documents regarding your
source of wealth, utility bill and others. We are required by the law to
request such information to carry out “know your client” obligations.
We may process information that you provide to us for the
purpose of subscribing to our email messages and newsletters (“messaging
data”). The messaging data is processed to send you relevant messages and
newsletters. The legal basis for this processing is your consent. Also, if you
are a User and you do not object, we may also process messaging data on the
basis of our legitimate interest, namely seeking to maintain and improve
customer relations.
We may process information relating to any communication
that you send to us (“correspondence data”). The correspondence data may
include the communication content and metadata associated with the
communication. In case of communication through our website, the website will
generate the metadata associated with communications made using the website
contact forms. The correspondence data is processed for the purposes of
communicating with you and record-keeping. The legal basis for this processing
is our legitimate interests, namely the proper administration of our website
and business, ensuring uniform and high-quality consultation practice and
investigating disputes between you and our employees.
We may process any of your personal data identified in this
notice where necessary for the establishment, exercise or defense of legal
claims, whether in court proceedings or in an administrative or out-of-court
procedure. The legal basis for this processing is our legitimate interests,
namely the protection and assertion of our legal rights, your legal rights and
the legal rights of others.
We may process any of your personal data identified in this
notice where necessary for the purposes of obtaining or maintaining insurance
coverage, managing risks, or obtaining professional advice. The legal basis for
this processing is our legitimate interests, namely the proper protection of
our business against risks.
We may also process any of your personal data where such
processing is necessary for compliance with a legal obligation to which we are
subject, or in order to protect your vital interests or the vital interests of
another natural person.
II How long are we storing your data?
Your personal data that we process for any purpose or
purposes shall not be kept for longer than is necessary for that purpose or
those purposes. In any case it shall be kept for no longer than:
usage data will be retained for as much as will be necessary
for the relevant processing purposes.
account data will be retained for no longer than 5 (five)
years following your last update on the account;
transaction data will be retained for no longer than 10
(ten) years following the end of the provision of services;
AML data will be retained as long as it is necessary to
comply with the related legal requirements;
messaging data will be retained for as long as your account
is active unless you withdraw your consent earlier;
correspondence data will be retained for no longer than 6
(six) months following the end of such communication.
Notwithstanding the other provisions of this Section, we may
retain your personal data where such retention is necessary for compliance with
a legal obligation to which we are subject, or in order to protect your vital
interests or the vital interests of another natural person.
III When will we provide your data to others?
We may disclose your personal data to other Users you
purchased Products from od our Platform, only to the extent necessary for the
purposes of providing invoices on your request.
We may disclose your personal data to any member of our
group of companies, including our subsidiaries, our ultimate holding company
and all its subsidiaries, insofar as reasonably necessary for the purposes set
out in this notice. Such may include internal administration purposes as well
as provision/sharing of IT services or data centers in our group.
We may disclose your personal data to our insurers and/or
professional advisers insofar as reasonably necessary for the purposes of
obtaining or maintaining insurance coverage, managing risks, obtaining
professional advice, or the establishment, exercise or defense of legal claims,
whether in court proceedings or in an administrative or out-of-court procedure.
We may disclose your personal data to our anti-fraud, risks
and compliance providers insofar as reasonably necessary for the purposes of
protecting your personal data and fulfilling our legal obligations.
We may disclose your personal data to our payment service
providers. We will share transaction data with our payment services providers
only to the extent necessary for the purposes of processing your payments,
transferring funds and dealing with complaints and queries relating to such
payments and transfers.
We may disclose your personal data to another service
providers insofar as it is reasonably necessary to provide specific services
(including, providers of servers and maintenance thereof, email service
providers). We take all the necessary measures to ensure that such
subcontractors would implement proper measures to ensure security and privacy
of your personal data.
In addition to the specific disclosures of personal data set
out in this Section, we may disclose your personal data where such disclosure
is necessary for compliance with a legal obligation to which we are subject, or
in order to protect your vital interests or the vital interests of another
natural person.
Persons, indicated in this Section may be established
outside the Republic of Malta, European Union and European Economic Area. In
case we will transfer your personal data to such persons, we will take all the
necessary and in the legal acts indicated measures to ensure that your privacy
will remain properly secured, including where appropriate, signing standard
contractual clauses for transfer of data.
IV What is our marketing policy?
In case your consent, we will be allowed to send you
marketing messages via email and/or leave a notification in an Account to
inform you on what we are up to.
Also, if we already have provided services to you and you do
not object we will inform you about our other products that might interest you
including other information related to such.
You may opt-out of receiving marketing messages at any time,
by:
choosing the relevant link in any of our marketing messages;
contacting us via email [email protected],
Please be informed that as our business activities consist
of a network of closely related services, it may take a few days until all the
systems are updated, thus you may continue to receive marketing messages while
we are still processing your request.
The opt-out of the marketing messages will not stop you from
receiving messages directly related to the provision of services set in the
Terms & Conditions.
V What are your rights related to personal data?
Your principal rights under data protection law are as
follows in the Sections ahead.
The right to access data - you have the right to
confirmation as to whether or not we process your personal data and, where we
do, access to the personal data, together with certain additional information.
The right to rectification - you have the right to have any
inaccurate personal data about you rectified and, taking into account the
purposes of the processing, to have any incomplete personal data about you
completed. Please notice that you may exercise most of this right by logging
into your account and changing the data.
The right to the erasure of your personal data – this
applies in some circumstances only. Those circumstances include when: (I) the
personal data are no longer necessary in relation to the purposes for which
they were collected or otherwise processed; (ii) you withdraw consent to
consent-based processing and there are no other legal basis to process data;
(iii) you object to the processing under certain rules of applicable data
protection laws; (iv) the processing is for direct marketing purposes; or (v)
the personal data have been unlawfully processed. However, there are exclusions
of the right to erasure. Such exclusions include when processing is necessary:
(i) for exercising the right of freedom of expression and information; (ii) for
compliance with our legal obligation; or (iii) for the establishment, exercise
or defense of legal claims.
In some circumstances, you have the right to restrict the
processing of your personal data. Those circumstances are when: (i) you contest
the accuracy of the personal data; (ii) processing is unlawful but you oppose
erasure; (iii) we no longer need the personal data for the purposes of our
processing, but you require personal data for the establishment, exercise or
defense of legal claims; and (iv) you have objected to processing, pending the
verification of that objection. Where processing has been restricted on this
basis, we may continue to store your personal data, however, we will only
further process such data in any other way: (i) with your consent; (ii) for the
establishment, exercise or defense of legal claims; (iii) for the protection of
the rights of another person; or (iv) for reasons of important public interest.
You have the right to object to our processing of your
personal data on grounds relating to your particular situation, but only to the
extent that the legal basis for the processing is that the processing is
necessary for: the performance of a task carried out in the public interest or
the purposes of the legitimate interests pursued by us or by a third party.
You have the right to object to our processing of your
personal data for direct marketing purposes (including profiling for direct
marketing purposes).
You have the right to object to our processing of your
personal data for scientific or historical research purposes or statistical
purposes on grounds relating to your particular situation unless the processing
is necessary for the performance of a task carried out for reasons of public
interest.
The right to data portability. To the extent that the legal
basis for our processing of your personal data is:
consent; or
performance of a contract or steps to be taken at your
request prior to entering into a contract, necessary to enter into such, you
have the right to receive your personal data from us in a structured, commonly
used and machine-readable format. However, this right does not apply where it
would adversely affect the rights and freedoms of others.
To the extent that the legal basis for our processing of
your personal information is consent, you have the right to withdraw that
consent at any time. Withdrawal will not affect the lawfulness of processing
before the withdrawal.
VI Cookies
Cookies are small text files containing an identifier that
is sent by a web server to your web browser and is stored by the browser. The
identifier is then sent back to the server each time the browser requests a
page from the server.
Cookies do not typically contain any information that
personally identifies a user, but personal information that we store about you
may be linked to the information stored in and obtained from cookies.
In the website we use cookies of three main types, for the
following purposes:
Required cookies – used to ensure proper performance of the
website, security of customers and their data, provision of high-quality
services and effortless set-up of an account;
Functional cookies – used to enhance the website user
experience, analyze the use of the system and in accordance to such improve the
provision of services;
Advertising cookies – used to observe user online behavior
and optimize marketing campaigns according to such information.
Most browsers allow you to refuse to accept cookies and to
delete cookies. The methods for doing so vary from browser to browser, and from
version to version. Blocking all cookies will have a negative impact upon the
usability of many websites.
If you block cookies, you will not be able to use all the
features on our website.