We are TAKE UP s.r.o., ID No.: 18048072, with its registered office at Rybná 716/24, Prague 1, 110 00, registered in the Commercial Register under No. C 380699 with the Regional Court in Prague, and as a personal data controller we would like to inform you how we handle your personal data when you use our mobile application Take up (hereinafter also referred to as the "Application") or visit our website https://www.takeup.fun/. The App is intended for persons over the age of 15.
The app is used to better plan your leisure activities. It contributes to this by allowing you to add interesting events to the map, view the events added by you or someone else, keep a clear list of them, save them to your calendar, but also share them with your friends, with whom you can also communicate via the App.
However, in order to operate the App, we need to know some of your personal information. In this document, we will explain what personal data we process, why we process it, what your rights are and provide you with all other necessary information.
Processing is carried out in accordance with 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 (hereinafter also referred to as "GDPR").
If you need any part of the text explained or need advice, you can contact us at any time at info@takeup.fun. We will be happy to answer any questions you may have regarding our processing of personal data.
1. SCOPE OF THE PERSONAL DATA PROCESSED, PURPOSE AND LEGAL BASIS
We process the following information:
Personal data entered in the contact form on the website. We do not primarily process your personal data on our website. However, the Website contains a contact form through which you can make enquiries and send Us suggestions about Our Application. Through the form, we process your name, email address and the content of the message you send Us. The purpose of the processing is to ensure mutual communication on the basis of Article 6(1)(b) GDPR. If this communication does not subsequently lead to the establishment of a mutual contractual relationship (for example, by your use of Our App), We will process the data on the basis of the legitimate interest of providing responses to your requests pursuant to Article 6(1)(f) GDPR.
Personal data for sending the newsletter. You can also subscribe to our newsletter via the Website, whereby we will send you news and interesting information about Our App. In this case, we will use the email address you provide and your name to send you further commercial communications. We will always do so if you give us your consent to do so within the meaning of Article 6(1)(a) GDPR. You can withdraw your consent at any time in each individual communication we send you by e-mail. In the event that you register with our Application, you become our customer and we may send you the newsletter on the basis of Our legitimate interest, without Your express consent. However, you can still refuse to receive the newsletter in each individual communication.
Personal data entered when registering a user account on the Application. The Application can be used in a limited mode without registering a user account. However, you will need to create a user account in order to make full use of Our Application. For this purpose, we will process your first name, last name and phone number. You must always enter these details when you register, otherwise you will not be able to use the Application. You may also associate a profile photo with your account and if you do so, we will process this data as well, however, the profile photo is not mandatory. You can also set preferences in the Application according to your interests, in which case we will also process this information for your account. The purpose of the processing is therefore to ensure that you can use the App and create a user account on the basis of Article 6(1)(b) GDPR. We may also need the personal data for the purposes of fulfilling our legal obligations under Article 6(1)(c) GDPR or for our legitimate interests consisting in the protection and defence of our own legal claims under Article 6(1)(f) GDPR.
We may also use your email address, phone number, first and last name to send you commercial communications and other informational emails. If the email is related to the performance of a mutual contractual relationship (for example, information about changes to the Terms and Conditions, technical emails about the operation of the App, etc.), the sending of such emails is based on the performance of a mutual contractual relationship based on Article 6(1)(b) GDPR. However, as there is a contractual relationship between us, we are also entitled to send you commercial communications, provided that you do not refuse this in advance, on the basis of direct marketing within the meaning of Article 6(1)(f) GDPR. You can refuse commercial communications before completing the registration or in each individual email or SMS. We may also use your telephone number for commercial communications to a reasonable extent.
Personal data processed during the operation of the application. We also process other data during the operation of the Application, but you do not have to enter it anywhere, the Application obtains it automatically. This includes information about your device (mobile phone) and, if you allow it in the settings of the App, also information about your location and your contacts. The purpose of the processing is to ensure the functioning of the App, the use of all its functions, and the handling of any complaints based on Article 6(1)(b) of the GDPR. We may also need the personal data for the purposes of fulfilling our legal obligations under Article 6(1)(c) of the GDPR, or for our legitimate interests of protecting and defending our own legal claims and obtaining data for improving the App under Article 6(1)(f) of the GDPR. Information about your GPS location will only be collected with your consent granted on the device and will be used to offer relevant events in the vicinity according to your preferences.
Personal data processed when using additional fee-based functions. In accordance with the terms of use of the mobile application, the additional features of the Application are subject to a fee. In order to order these features, you must fill in a form in which you provide the required information and, depending on the chosen payment method, you also fill in the payment details. For the purpose of making the payment, a new personal data will also be created, namely a unique ID, thanks to which we can pair the payment made with a specific person. We will also process your personal data if you make a claim, to the extent of the information in the claim report. We will process all personal data for the purpose of providing additional services on a subscription basis. As payments are made through the platform through which you downloaded the App, the rules for processing this data are governed by their terms and conditions. We will process all personal data for the purpose of fulfilling a mutual contractual relationship, i.e. to provide you with functionalities and you will pay Us a fee for these functionalities. The legal basis is thus the performance of a contract within the meaning of Article 6(1)(b) GDPR. We may also need personal data for the purposes of fulfilling our legal obligations under Article 6(1)(c) GDPR, in particular in the areas of tax and accounting. We will also use any personal data to protect our own legal claims, in the event that a dispute arises between you and us under Article 6(1)(f) of the GDPR.
Cookies. We use cookies within the App and on the Website, specifically cookies from the companies listed below and essential cookies. The companies listed for each cookie may be recipients of your information. We use cookies for multiple purposes:
Analytical: We primarily use Google Analytics. For more information about these cookies, please visit https://developers.google.com/analytics/devguides/collection/gtagjs/cookie-usage. These cookies are services of Google Ireland Limited, which then anonymises the data. Once anonymised, it is no longer personal data as anonymised cookies cannot be associated with a specific person. These cookies will only be stored on the end device if you give your consent to this. If you also give your consent in connection with Google Analytics, we will link data collected from the operation of the App to this tool in order to improve the App and improve the user experience, based on Our legitimate interest.
We also use Google cookies to show you Google Maps so that you can take full advantage of the features of the App. We therefore also do not process personal data within these cookies. Cookies will only be stored on the end device if you give your consent to this. However, if you do not give your consent, you will not be able to use the map functionality.
Performance: we also use a tool called Hotjar from Hotjar Limited to help Us understand how you use the App and the Website. We only use these cookies if you give us your consent to do so.
Marketing: We also use cookies from Google to help us better target advertising. Even if you don't give your consent, it doesn't mean that you won't be shown advertising, it will just be less personalised and you won't be shown relevant advertising content. Cookies are therefore used to link your preferences to the advertising you see.
We then use the necessary cookies to ensure the technical operation of the Application, for example to ensure that the Application remembers your login or your language choice. As these are necessary technical cookies, your consent is not required to use them.
We process your personal data in accordance with the above-mentioned principles on the basis of the performance of a mutual contract or your request, on the basis of the performance of Our legal obligations, on the basis of Our legitimate interest or on the basis of your consent, if any, given for specific processing. We will always assess whether Your consent is required before using information for a purpose not set out in this Policy. If so, we will inform you and ask for your consent.
2. WHO HAS ACCESS TO YOUR PERSONAL DATA?
The following recipients also have access to your personal data:
Providers of server, web, cloud or IT services such as Google Cloud EMEA Limited (more information here: https://policies.google.com/privacy).
Sentry Software, which provides us with monitoring and error reporting of the Application.
Apple Inc. and Google LLC, which process payments and may have access to other information. There is also a separate contractual relationship between you and these companies.
Employees and staff working under a cooperation or similar contract.
Due to changing providers, we will be happy to send you a list of current recipients via email. Just email us at info@takeup.fun. All of the above mentioned recipients of personal data guarantee the same protection of personal data as that set out in this policy.
3. FOR HOW LONG WE WILL PROCESS YOUR PERSONAL DATA
We will only process your personal data for as long as necessary to fulfill the above purposes for which it was collected - providing the App, completing communications, or for other necessary purposes such as complying with our legal obligations or resolving disputes. These needs may vary for different types of information in the context of different situations, and therefore the actual retention period may also vary. The basic criteria are Our contractual relationship with each other and the legal provisions that apply to Us.
Therefore, we will always process personal data for at least the period of time that you have an account on the App. You can, of course, cancel it at any time. We have set up a policy that we will inform you if you do not use the account for a long time. After cancelling a user account, We will only retain the personal data that We are required by law to retain, where there have been problems during the use of the App, to protect Our own claims. Where You have paid for a subscription, We will process personal data for the duration of that subscription and thereafter for as long as necessary for tax and accounting purposes or to protect Our own claims.
4. WHAT RIGHTS YOU HAVE IN RELATION TO THE PROTECTION OF YOUR PERSONAL DATA
You have the following rights in relation to our processing of your personal data:
the right of access to personal data;
the right to rectification;
the right to erasure ("right to be forgotten");
the right to restriction of data processing;
the right to object to processing;
the right to data portability;
the right to withdraw consent to data processing;
the right to lodge a complaint about the processing of personal data.
The right of access means that you can ask us at any time to confirm whether or not personal data concerning you are being processed and, if so, for what purposes, to what extent, to whom they are disclosed, for how long we will process them, whether you have the right to rectification, erasure, restriction of processing or to object, where we obtained the personal data and whether automated decision-making, including possible profiling, takes place on the basis of the processing of your personal data. You also have the right to obtain a copy of your personal data.
The right to rectification means that you can ask us to correct or complete your personal data at any time if it is inaccurate or incomplete.
The right to erasure means that we must erase your personal data if (i) it is no longer necessary for the purposes for which it was collected or otherwise processed, (ii) the processing is unlawful, (iii) you object to the processing and there are no overriding legitimate grounds for the processing, (iv) we are under a legal obligation to do so, or (v) you withdraw your consent in relation to the personal data for which you have given your consent to the processing.
The right to restrict processing means that until we have resolved any disputed issues regarding the processing of your personal data, we may not process your personal data other than by storing it and, where appropriate, using it only with your consent or for the establishment, exercise or defence of legal claims.
The right to object means that you can object to the processing of your personal data that we process for direct marketing purposes or on the grounds of legitimate interest, including profiling based on Our legitimate interest. If you object to processing for direct marketing purposes, your personal data will no longer be processed for these purposes. In the event of an objection to processing based on other grounds, this objection will be evaluated and we will then inform you whether we have complied with the objection and will no longer process your data, or that the objection was not justified and processing will continue. In any case, processing will be restricted until the objection is resolved.
The right to data portability means that you have the right to obtain personal data concerning you that you have provided to Us on the basis of consent or a contract, which is also processed by automated means, in a structured, commonly used and machine-readable format, and the right to have that personal data transmitted directly to another controller.
The right to withdraw consent to the processing of personal data means that you can withdraw your consent to the processing of personal data that was carried out on the basis of this consent at any time and we must cease such processing in the future. However, withdrawal of consent does not apply to processing that occurred prior to the withdrawal and such processing is therefore unaffected.
If you have a comment or complaint regarding data protection or a query or exercise any of your rights, please contact us at info@takeup.fun. We will generally respond to your questions or comments within one month.
Our activities are also supervised by the Office for Personal Data Protection, to which you can file a complaint in case of your dissatisfaction. You can find out more on the website of the Authority (www.uoou.cz).
CHANGES TO THE RULES
This policy was updated on 04.01.2024.