Privacy Policy

Kulm LLC

with its registered office at 30 N. Gould Street Suite 5726, Sheridan 828 01, the United States of America

In matters related to

Kulm LLC, a branch of a foreign enterprise

with its registered office at Gustáva Švéniho 37/8, 971 01 Prievidza, Slovak Republic, Identification No.: 50 906 429,

Registered in the Commercial Register of the District Court Bratislava I

Section: Po, File number: 4032/B

This Privacy Policy applies to you and your personal data because you are a customer (i.e. a member of the Daisuke Mission Loyalty Program) or a prospect, visitor to our website, supplier or business partner of Kulm LLC, with its registered office at 30 N. Gould Street Suite 5726, Sheridan 828 01, the United States of America, in matters related to Kulm LLC, a branch of a foreign enterprise, with its registered office at Gustáva Švéniho 37/8, 971 01 Prievidza, Slovak Republic, Identification No.: 50 906 429, registered in the Commercial Register maintained by the District Court Bratislava I, section: Po, File number: 4032/B, which acts as operator for the processing of your personal data (hereinafter the “Operator“). For the purposes of this Privacy Policy, the protection of your personal data is the responsibility of the entity with whom you have concluded the contract, that is the Operator.

This Privacy Policy explains how we will use the personal data we collect from you or from third parties during your contractual relationship with our company.

This Privacy Policy may be updated from time to time. If this happens, we will inform you on this site. This version of the Privacy Policy was issued on 18.06.2019.

 

1) REASONS FOR ACCESS AND FOR PROCESSING YOUR DATA

 In order to process and fulfil the contract with you or your company that you represent it is necessary to process your personal data. We may also process the personal data about visitors to our website or physical sites, depending on how you choose to communicate with us.

We only process your personal data if we have a legal basis for it. This means that the processing must be necessary for the fulfilling of the contract where you or the company you represent is a party or in order that steps can be taken upon request before the contract is concluded. In line with our legitimate interest we may also use your personal data to provide you with information on our services, forecasts, analysis, events, trainings that could be in your best interest or so that it would be possible to fulfil the needed or required tasks arising from the business relationship that you represent.

We have a legal obligation to disclose your personal data upon inspection by the authorized institutions and to prevent, monitor and prove fraud, fight against money laundering and other crimes.

Your data will be securely kept in accordance with the legal regulations on personal data protection.

 

2) CATEGORIES OF PERSONAL DATA

We process the following data:

To ensure the safety of our employees and to protect your personal data, we can also use cameras at several locations and we can ask you to provide e.g. your name and telephone number so that we can provide you with access to our premises where we process information bearing the character of, e.g. personal data. Unless we have a legal obligation, the data will be deleted within 15 days.

Unless otherwise agreed with you or necessary to establish, apply or defend legal claims, we will not include special categories of the personal data (often referred to as the “Sensitive Personal Data”, such as data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership and processing of health or sex-related data).

 

3) PARTIES THAT MAY HAVE ACCESS TO YOUR DATA

The Operator may share your data with any third party under the following circumstances:

4) LOCATION OF YOUR PERSONAL DATA

While keeping it, employees within the European Economic Area will have access to your personal data. Your data will not be transmitted to any non-EEA countries.

5) PURPOSES AND AIMS OF DATA PROCESSING AND THEIR LEGAL BASIS

In most cases, we process your personal data on the grounds that processing is necessary for the purposes of the legitimate interest we have, on the contractual basis or based on your consent as the data subject. In many cases we will have to process your data based on the legal obligation. You may always withdraw your consent in case of the consent-based processing.

Purpose of Processing Legal Basis
Customer Administration. We maintain personal records on all our customers and services. We make strategic decisions on offers for our customers based on analysis of our records. Your data will be processed for ensuring the contractual relationship where you act as one party and the Legitimate interest of the company as the operator, however, only to the extent necessary.
Sending the Newsletter. They are offers of own services. The legitimate interest of the company as an operator, however, to the extent necessary.
Direct Marketing. We focus on developing our customers and custom offers based on your data we possess. The legitimate interest of the company as the operator, however, to the extent necessary.
Taxes and Accounting. In order to fulfil the Tax Act obligations and other regulations related to the financial fulfilment, we are obliged to process certain personal data. Legal obligations arising out of the special regulations such the Accounting Act and VAT Act.
Safety and Threat to the Operation and Network. We check the functionality, safety and stability of our operations. The legitimate interest of the company as the operator, however, to the extent necessary and your consent in case we have it.
Resolving Disputes and Investigating Misdemeanours. We may process your personal data for resolving disputes, complaints or legal proceedings or if there is a suspicion of a misdemeanour we would like to further investigate. The legitimate interest of the company as the operator, however, to the extent necessary and your consent in case we have it.
Compliance with the Act. We may process your personal data in order to comply with the law or to comply with a court order. Legal obligation arising out of the special regulations.
Marketing Profiling. At the same time, other data may be used for direct marketing but only based on the special consents which we require from you in advance. Your consent as a demonstrable manifestation of the will of yours as the data subject.
Customers under 16 years of age. If, you are under 16 years of age when signing the contractual documentation and you wish to provide our company with a marketing consent, your legal representative shall do so. Our legal obligation arising out of the Personal Data Protection Act. However, we do not enter into the contractual relationship with persons under 18 years of age.

 

6) KEEPING THE PERSONAL DATA

We keep your personal data for limited time and this data will be deleted when no longer needed for processing. In most cases it means keeping your data during our contractual relationship. If possible, we will delete the data during our contractual relationship as soon as no longer needed. In any case, your data will be deleted at least within 5 years after its generation unless the legislation or control bodies require its keeping for a longer period.

We may process your personal data for longer time after termination of the relationship in case of a pending legal dispute or if you granted the consent for long-term keeping of your personal data.

Regarding our data back-up, your data will be deleted even from the back-up storages, however, only if and when the back-up is recovered, according to our retention rules, BCM and AML. If the back-up according to our back-up rules is to be deleted, your data will be deleted completely.

Your personal data will not be used for automated decision-making.

 

8) YOUR RIGHTS ACCORDING TO THE PERSONAL DATA PROTECTION ACT

It is important that you are aware that it is your personal data the we process and we want you to understand this. Even if we do not need your permission to process your data, you have a wide range of rights regarding the processing of your personal data.

Your rights What does it mean?
The right to access You may require information on how we process your personal data including information on:

·       Why we process your personal data

·       Which categories of personal data we process

·       Who we share your personal data with

·       How long we keep your personal data and what the criteria for determining this period are

·       What rights you have

·       Where we collect your personal data from (if not collected from you)

·       If the processing includes the automated decision-making (the so-called profiling)

·       If your personal data was transferred to a country which is outside the EEA, how we protect your personal data.

All of the above information is available in this Privacy Policy.

You may also require a copy of your personal data we process. However, any additional copies will be subject to a fee.

The right to correction It is important that we have the right information about you and we ask you to notify us if any of your data is incorrect, e.g. if you have changed your name or if you have moved.
The right to be forgotten If we process your personal data illegally, for example, if we process your personal data for longer than needed or unreasonably, you may request us to delete this data.
The right to restriction From the moment when you asked for correction of your personal data or if you objected to the processing to the moment when we are able to investigate the issue or confirm the accuracy of your personal data (or change it according to your instructions), you are entitled to restricted processing. That means that we (except for keeping your personal data) may process your personal data only with your consent if needed with regards to legal entitlements, for the protection of the rights of another person or if there is an important public interest in processing.

You may also request that the processing of your personal data be restricted if the processing is illegal and you do not wish to delete the personal data.

The right to object If you assume that we do not have the right to process your personal data you may object to our processing. In such cases we may continue the processing only when we are able to demonstrate any compelling legitimate reasons that outweigh your interests, rights and freedoms. However, we may process your personal data whenever needed to determine, apply or defend your legal claims.
The right to transfer the data You may require that your data you provided us with for processing based on consent or for contractual purposes was provided in a structured, commonly used and machine-readable format. You may also require the transfer of this data to another data controller.
Withdrawal of the consent Our company does not process data based on consent. However, taking into account that some processing activities should be based on consent, you have the right to withdraw your consent and then we will stop our processing activities based on these legal grounds.

We will inform other parties to whom we may have provided your personal data of your request/requests.

In case of doubt, you have the right to file a motion to initiate proceedings under Sec. 100 of Act No. 18/2018 Coll. on the Protection of Personal Data, for example through www.dataprotection.gov.sk.

9) CONTACT DETAILS

 If you wish to contact us with regards to your personal data processing, please send us an e-mail to [email protected]

If you are not content with our answer or you assume that we process your personal data unfairly or illegally, you may file a complaint to the Supervisory Body, i.e the Office for Personal Data Protection. For more information on the Office for Personal Data Protection and the procedure for filing complaints go to: www.datapriotection.gov.sk.

If you have further questions regarding your personal data processing, contact us by an e-mail message to the address [email protected]

I have read and agree to the website Privacy Policy.