Pool Live & Pool Remote Privacy Policy Android EN

Privacy Policy

Version 1.0, effective 1.1.2024

This Privacy Policy describes the types of data, including personal data (collectively, “Data”), that we process when you use the ASEKO Apps, Devices and ASEKO Websites (the “Services”), how we use and share that Data, and your options for accessing and updating the Data.

This privacy policy (“Policy”) may be updated from time to time. The applicable most recently posted version of the Privacy Policy at www.asekopool.com/pool-live-pool-remote-privacy-policy-android-en will apply. ASEKO is the data controller (as defined below).

Definitions

The following definitions are used in this Privacy Policy:

Applications means the applications developed and provided to users by ASEKO, in particular ASEKO Pool Live, ASEKO Pool Remote and Pool.Aseko.com

ASEKO means ASEKO, spol. s r.o., with registered office at Maternova 610/5, Kunratice, 148 00 Prague 4, Czech Republic, ID No.: 40766471, VAT No.: CZ40766471, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 2870.

Website. Any website owned by ASEKO, including but not limited to https://www.asekopool.com.

Personal Data means any data relating to an identified or identifiable natural person.

User Account means a user account created by a User to access and use the Applications.

ASEKO Devices means ASEKO’s physical pool technology products, a list of devices can be found here https://www.asekopool.com/cs/products-cz/.

Any other terms used in this Policy shall have the same meaning as ascribed to them in Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (“GDPR“).

Why we collect data and what we collect

We collect data for a variety of reasons, including:

a) to provide you with Services or information. We may collect information, including your Personal Information, that is necessary to provide you with the Apps, support and Services, including to check the validity of the license and updates, provide support, report problems and bugs, and other processing related to your use of the Apps, Devices or ASEKO information. We may use the information we collect to develop and test the Applications. The personal information required to receive the Applications, support or Services is explicitly filled in when you create a User Account or is collected in the course of using the Applications. We may use third party service providers who act as data processors to assist us in providing the Apps to you or in our business. For example, we may use third party service providers to provide data storage and backup services. With your consent, your personal data may also be transferred to third party service providers who act as independent data controllers and who provide products and services that complement the Apps (further processing of data by these service providers is governed by their privacy policies). The legal basis for this data processing is the performance of the contract between you and us.

b) to protect us from unauthorized use of the Apps or Services. We may collect information that is necessary to protect us from illegal or unauthorized use of the Apps or Services or that is necessary to ensure the security of the Apps or Services, including Personal Information provided by you (see above) and information collected in the course of using the Apps and Services. The legal basis for this processing is ASEKO’s legitimate interest in protecting you from unlawful use of the Apps and Services.

c) Information collected from visitors to the Website. As a visitor to our Website, ASEKO’s servers automatically record certain information such as your Internet Protocol (“IP”) address, your operating system, browser ID, your activity on our site, and other information about how you interacted with our Website. We may also collect this information through the use of cookies or other tracking technologies. We only collect personal information that is reasonable or necessary to fulfill the purpose of your interaction with ASEKO as a visitor to our Website. We anonymize the information we collect and use such anonymized information for statistical and market research purposes. We may compile aggregate statistics that allow us to understand how visitors use our Website or use the information we collect to operate the Website, market and advertise our activities and operations, and improve our design and content to better serve you. The legal basis for this data processing is our legitimate interest in improving the operation of our Website and in protecting the rights and interests of us and other users.

We may also use the following third-party service providers for these activities:

Anonymous Analytics:

● Google – we use Google Analytics on our site.

d) For the purpose of promoting and selling ASEKO products and Apps. We may use feedback you voluntarily provide to us about our activities. In accordance with applicable law, we may use it in the form of quotations or otherwise in accordance with the Terms of Use. We may also use the information we collect and aggregate to help determine appropriate marketing and advertising for our activities. In doing so, we may share anonymous aggregated data with third parties to assist us in these efforts. The legal basis for this data processing is our legitimate interest in promoting and marketing our activities. We could provide you with a list of the third party service providers involved, if any, upon your request.

e) for ASEKO’s internal records and to protect the rights and interests of ASEKO and other users. We may collect information that is necessary to preserve evidence of any communications between you and us, your contact details and any problems or disputes between you and us. We may use and disclose this information if we believe, in our sole discretion, that it is legitimate and appropriate to protect our rights and interests and the rights and interests of other users of our Website, or if we believe that there has been a violation of this Privacy Policy that may affect ASEKO’s interests. The legal basis for this data processing is our legitimate interest in keeping internal records and protecting our rights and interests and those of other users.

f) to comply with the legal obligations established by law. We may use and disclose your personal data if required to do so by law, for example in response to a court order, or administrative, tax or other proceedings. The legal basis for this processing is to comply with our legal obligations.

We may also use the following third-party service providers for the activities described above:

● Ecomail – a service for sending bulk email messages to Users in connection with the use of the Applications (changes to the Applications, changes to documentation, etc.).

You may object to the processing of your personal data for the purposes b) to e) at any time.

The categories of data included in the processing may include:

● first name, last name

● email address,

● telephone number,

● registration number of registered ASEKO units,

● cookies,

● IP address,

● connection speed, time zone, language,

● information about the devices and software you use,

● Browser ID,

● photo – if using the Device’s barcode scanning functionality,

● your activity on our Website and other information about how you have interacted with our Website,

● data created or uploaded when using the Device, in particular Device settings or Device names,

● Information within the Device settings – GPS location, preferred language,

● Information about transactions made on the Apps (purchase, transaction status, billing information).

● Information provided in email communication if you contact ASEKO.

For the avoidance of doubt, ASEKO states that it does not collect any data concerning the user’s payment card, which is entered directly to the relevant bank operating the payment gateway used and ASEKO does not have access to it. The data transmission during payment transactions is carried out via the secure HTTOS protocol, which encrypts this information.

If necessary, we will ask you to consent to the collection and processing of your Personal Data as described above. This may be done on the Website or in the Applications, always in a clear and conspicuous manner. You can manage your Personal Data as described in the Transparency section below.

Children

Neither our Website nor the Services are intended for or offered to children. If we become aware that a person under the age of 16 has provided information directly to us, we will endeavour to delete that information from our systems.

Transparency

To respect your privacy, we inform you before using your Personal Information about the categories of information we collect and the purposes for which we use it. We also inform you in the Policy about the data management options you have. We use this Policy, the Terms of Use, etc. for this purpose. If you wish to access and manage your data, you can do so by sending an email to aseko@aseko.cz through which you can update and manage your data. If you wish to receive more detailed information on this topic, please do not hesitate to contact us.

Sharing

The personal data collected is shared with third parties in accordance with this Policy and the Terms of Use.

We may share your information with certain business partners and third parties who assist us with our business, such as service providers as directed by us. We do not grant permission to these business partners to use or disclose personal information except as necessary to provide the Services for our or your benefit or to comply with legal requirements. We may also share your information with individual representatives of your company if you are acting within a legal entity. In addition, we may share Personal Information with a third party expert (contractor) when providing technical support for the Apps or Devices.

Your Personal Data may also be shared with other organizations or individuals if we obtain your consent to do so.

We may also share your Personal Data with certain third parties where we are required to do so under applicable law (in particular, with tax authorities or other government authorities exercising their legal powers) or where such sharing is necessary to achieve the purposes defined above (in particular, with government authorities or, where applicable, with parties aggrieved by your wrongful conduct).

In accordance with the requirements of the California Consumer Privacy Protection Act (CCPA), you are hereby notified that ASEKO will not a) retain, use, sell or otherwise disclose any personal information for any purpose other than as described in this Policy; or (b) retain, use, sell or disclose such personal information outside of the direct relationship between you and ASEKO; or (c) use personal information other than as described in this Policy or the Terms of Use (ii) in any other specific agreement you have entered into with ASEKO.

Data Security and Storage

We understand the importance of keeping your information secure and confidential and storing it in accordance with the GDPR. We take reasonable and appropriate measures to protect Personal Data from loss, misuse and unauthorised access, disclosure, alteration and destruction, taking into account the risks associated with processing and the nature of the Personal Data. Only ASEKO’s internal and authorised persons have access to Personal Data, unless otherwise stated in this Policy.

We use partners to host our Websites and process your data in accordance with this Policy. When selecting partners, we check that they comply with the law and security standards to ensure that your data is stored in a secure location with appropriate security measures.

The current hosting partner is IXOXI s.r.o., ID No.: 28451082, Nad výpustí 142 149 00 Praha 4.

Location of stored Personal Data

All servers that contain Personal Data processed by ASEKO are located in the Czech Republic, in the TTC DC2 Prague Data Centre. The data backup is securely stored at ASEKO’s premises at Vídeňská 340, Vestec, 252 50, Czech Republic.

Transmission of your Personal Data

ASEKO may occasionally process or transfer some of your Personal Data (such as your name and email address) outside the EU. Any such transfer will be made in accordance with applicable data protection laws and this Policy and will be based on the relevant European Commission adequacy decision, in particular the standard contractual clauses published by the European Commission.

Data retention, withdrawal of consent, access to data and your rights

If at any time you decide to stop using the Apps or Services, you may request ASEKO to delete your data from our servers by emailing us at aseko@aseko.cz or through your User Account. Once the data is deleted, we may retain the data in pseudonymized form for record purposes regarding the deletion of the data.

Generally, we retain your data for as long as necessary to achieve the purpose for which it was collected. We may retain your data where necessary to comply with legal obligations and/or to defend ourselves in the event of a breach of the Terms of Use and/or this Policy. We may also keep copies of your information in Web logs and/or backups for security reasons, if this is stated in the Terms of Use or in the text of the consent received prior to collecting Personal Information. These backups will not be accessible as separately identified information. In addition, we may retain data to protect against damages in the event of litigation in accordance with applicable law. Please note, however, that you must create a backup of all data you have placed on our servers in case it is lost. In the event that you stop using our Services, we will not be responsible for the preservation of any of your data.

If you do not log in to any ASEKO Application for 2 years, access to the User Account and Application will be revoked and personal data will be “pseudonymized”. At least 2 months’ notice will be given to the User.

You can manage your personal data at aseko@aseko.cz or through your User Account at pool.aseko.com or directly in the Pool Live and Pool Remote Apps. You are solely responsible for the accuracy of the Personal Information you provide to us. We expect you to review the Personal Information you provide to us and, if there is any discrepancy, update your Personal Information or report the discrepancy to ASEKO.

EU residents may request a copy of the information we hold about them in accordance with applicable law. To do so, please contact aseko@aseko.cz. We may charge a fee for this service in accordance with applicable law.

In addition to any other rights set forth in applicable local data protection laws, you have the right to: (i) request access to your Personal Data; (ii) request correction of your Personal Data; (iii) request erasure of your Personal Data; (iv) request restriction of processing of your Personal Data; (v) request portability of your Personal Data; or (vi) object to the processing of your Personal Data.

● Right of access. You have the right to obtain confirmation from us as to whether or not your Personal Data is being processed and, if so, to request access to your Personal Data. Information about the processing of Personal Data includes the purposes of the processing, the categories of Personal Data concerned and the recipient or categories of recipients to whom your Personal Data has been or will be disclosed, etc. However, this right is not absolute and the interests of others may limit your right of access. You may also have the right to obtain a copy of your Personal Data being processed. We may charge a reasonable fee based on administrative costs for additional copies requested.

● Right to rectification. You have the right to request us to correct inaccurate Personal Data. Depending on the purpose of the processing, you may have the right to have incomplete Personal Data completed, in particular by providing a supplementary statement.

● Right to erasure (right to be forgotten). In certain circumstances, you may have the right to request that we delete your Personal Data.

● Right to restriction of processing. In certain circumstances, you may have the right to request that we restrict the processing of your Personal Data. In this case, the relevant Personal Data will be marked and we may only process it for certain purposes.

● Right to portability of Personal Data. In certain circumstances, you may have the right to obtain Personal Data relating to you that you have provided to us in a structured, commonly used and machine-readable format and to transfer that Personal Data to another entity.

● The right to object. In certain circumstances, you may have the right to object at any time, on grounds relating to your particular situation, to the processing of your Personal Data by us and to request that we no longer process your Personal Data.

These rights can be exercised by emailing aseko@aseko.cz or by going directly to the Pool Live and Pool Remote applications

You can also contact ASEKO to obtain up-to-date information about the processing of your Personal Data and about all recipients of Personal Data.

You can lodge a complaint regarding the processing of your personal data with the competent supervisory authority for personal data protection, which in the Czech Republic is the Office for Personal Data Protection, located at Pplk. Sochora 727/27, 170 00 Prague 7- Holešovice, telephone number: +420 234 665 111. For more information, please visit https://www.uoou.cz.

Changes to this policy

This Policy is current as of the above effective date. We may change this Policy from time to time, so please check it regularly. We will post any changes to this Policy on the Website. If we make any changes to this Policy that materially affect our practices with respect to Personal Information we have previously collected from you, we will endeavor to notify you in advance of such change by highlighting the change on the Website.

Further information and contact

If you have any questions or concerns or believe that this Privacy Policy has been violated in any way, please notify us immediately at aseko@aseko.cz