Welcome to https://briefheart.com/ (hereinafter referred to as “Web site” or “Website”) which is operated by “BRIEFHEART” EOOD, a Bulgarian company, with UIC: 204667559, having its seat and registered address at: Republic of Bulgaria, Sofia, p.o. box 1164, 22 “Tsanko Tserkovski” Street, floor 4.
- DATA CONTROLLER
“BRIEFHEART” EOOD (hereinafter referred to as “Controller”) is a Bulgarian company, with UIC: 204667559, having its seat and registered address at: Republic of Bulgaria, Sofia, p.o. box 1164, 22 “Tsanko Tserkovski” Street, floor 4 and website: https://briefheart.com/.
- SUPERVISORY AUTHORITY
Commission for Personal Data Protection
Address: Republic of Bulgaria, Sofia 1592, 2 Prof. Tsvetan Lazarov Blvd.
Telephone: +3592/91-53-518; +3592/ 91-53-515; +3592/91-53-519
– personal data collected and processed by the Controller;
– purposes of personal data processing;
– period for which the personal data will be stored;
– mandatory and voluntary nature of provision of personal data;
– processing of personal data;
– protection of personal data;
– recipients of personal data;
– rights of individuals;
– procedure to exercise the rights.
- Personal data means any information relating to an identified or identifiable natural person (‘individual’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person;
- Processing of personal data means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
- Restriction of processing means the marking of stored personal data with the aim of limiting their processing in the future.
- Profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.
- Controller means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.
- Processor means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
- Recipient means a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing.
- Third party means a natural or legal person, public authority, agency or body other than the individual, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.
- Consent of the individual means any freely given, specific, informed and unambiguous indication of the individuals’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her;
- Personal data breach means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data transmitted, stored or otherwise processed.
- PRINCIPLES RELATING TO PROCESSING OF PERSONAL DATA
6.1 The Controller observes the following principles relating to processing of personal data:
– The personal data are processed lawfully, fairly and in a transparent manner in relation to the individual (‘lawfulness, fairness and transparency’);
– The personal data are collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes;
– The personal data are adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed (‘data minimisation’);
– The personal data are accurate and, where necessary, kept up to date (‘accuracy’);
– The personal data are kept in a form which permits identification of individuals for no longer than is necessary for the purposes for which the personal data are processed (‘storage limitation’);
– The personal data are processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures (‘integrity and confidentiality’).
- PERSONAL DATA COLLECTED AND PROCESSED BY THE CONTROLLER
- Processing of special categories of personal data (“sensitive data”)
7.1 The Controller does not collect and record special categories of personal data, such as: personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, as well as genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person’s sex life or sexual orientation. Individuals shall not provide such sensitive data to the Controller. If the individual negligently or intentionally provides sensitive data to the Controller, the Controller undertakes to immediately delete such data.
- Personal data collected directly from individuals
Personal data collected directly from individuals when individuals contact the Controller using the contact form of the website
7.2 Individuals provide personal data to the Controller when they contact the Controller by sending a message using the contact form on the Controller’s website at: https://briefheart.com. When the individual sends a message to the Controller using the contact form to contact the Controller, the Controller collects and processes the name of the individual, the e-mail address and the other information that the individual provides in the sent message, such as the address. These personal data are processed for the purpose of communication with the individual and record keeping. The processing of these personal data is necessary:
– for the realization of the legitimate interests of the Controller, whose legitimate interests are sending the received messages, as well as saving the received messages.
– for actions preceding the conclusion of a contract and undertaken at the request of the individual, namely providing more information on the services offered by the Controller in connection with a possible conclusion of a contract with the individual.
The Controller uses the services of an e-mail service provider to store received emails on a server that is located in the Republic of Bulgaria.
Personal data collected directly from individuals when individuals contact the Administrator by sending a message using the Facebook platform
Personal data collected directly from individuals when individuals subscribe to a newsletter
- Personal data collected from third parties
7.4 If the Controller has a reasonable grounds to suspect any individual of infringing Controller’s legal or intellectual property rights, then the Controller will obtain personal data of the suspected individual from public registers or private sources. This data may be processed for the purposes of investigating the infringement and taking legal actions against the infringement. The lawful grounds for processing of the personal data are the legitimate interests pursued by the Controller, which legitimate interests are investigating the infringement and taking legal actions against the infringement. The Controller can also obtain personal data about individuals from social media such as Facebook and Instagram in order to contact the individual.
- Data collected automatically
7.5 When an individual visits the Web site, the Controller automatically collects the following data, namely:
– The type of device from which the individual accesses the platform (for example, a computer, a mobile phone, a tablet, etc.);
– Type of operating system;
– Type of the browser;
– Concrete actions undertaken, including the pages visited, frequency and duration of visits to the website;
– Date and time of visits.
- PURPOSES OF PERSONAL DATA PROCESSING
9.1 The Controller collects and processes the personal data of individuals who are provided directly by them solely for the following purposes, namely:
– to provide the services that the Controller offers and identify individuals (future and current clients);
– to contact the individual via e-mail in order to respond to the received inquiries;
– for the execution of obligations of a contract to which the individual to whom such data refer is a party, and for actions at the individual’s request and preceding the execution of a contract;
– for the execution of an obligation of the Controller, stipulated by law;
– accounting purposes;
– statistical purposes.
9.2 The Controller collects and processes the personal data of individuals who are automatically collected for the following purposes, namely:
– improving the efficiency and functionality of the website;
– preparing anonymous statistics on how the website has been used;
- PERIOD FOR WHICH THE PERSONAL DATA WILL BE STORED
- Period for which the personal data will be stored
10.1 Inquiries and correspondence by email, Facebook: The Controller stores the personal data and the communication received by e-mail and messages sent by Facebook for a period necessary to answer to the received message and to satisfy individual’s request, as well as for three months after the Controller has answered to the received message and satisfied individual’s request.
10.2 Personal data of individuals who have become clients of the Controller: The Controller stores invoices issued to individuals who have become clients of the Controller for a period of ten years, which is the term stipulated by law for storing invoices for clients.
- Criteria for determining the period for which the personal data will be stored
10.3 In other situations, not specified above, the Controller will store the personal data of the individual for no longer than needed considering the following criteria, namely: – if the Controller is obliged by a legal norm to continue with the processing of the personal data of the individual; – if appropriate industry rules exist on the period for which the personal data shall be stored; – purpose for storing of the personal data both currently and in the future; – if the Controller and the individual have concluded an agreement and the Controller is obliged to continue to process the personal data in order to comply with the obligations under the agreement; – purposes for using of the personal data currently and in the future; – if it is necessary to contact the individual in the future; – if the Controller has any legal ground to continue to process the personal data of the individual; – any other sufficient grounds, like the character of the relationship with the individual.
- MANDATORY AND VOLUNTARY NATURE OF PROVISION OF PERSONAL DATA
11.1 The personal data required to be provided by the individuals are in accordance with the services offered by the Controller. The provision of personal data by individuals is voluntary. In the event that the individual refuses to provide the personal data:
– the Controller will not be able to provide the services ordered by the individual;
– the Controller will not receive the e-mail if the individual does not fill the necessary data in the contact form;
- PROCESSING OF PERSONAL DATA
12.1 The Controller processes the personal data of individuals by means of a set of actions that can be performed by automatic or non-automatic means.
- PROTECTION OF PERSONAL DATA
13.1 The Controller undertakes the appropriate technical and organizational measures to protect the personal data against accidental or unlawful destruction, or against accidental loss, unauthorized access, alteration or dissemination, as well as against other unlawful forms of processing, including the following:
– using only secure and protected servers and folders for storing of the personal data;
– verifying and confirming the identification of the individual inquiring access to his/her personal data before granting access to such personal data.
13.2 More information on the technical and organizational measures undertaken by the Controller is available in the Instruction on the Mechanism of Personal Data Processing and their protection in the maintained registers containing personal data with the Controller. In case you would like to receive detailed information about the technical and organizational measures, please do not hesitate to contact us by sending us a message using the contact form of this website.
- RECIPIENTS OF PERSONAL DATA
14.1 The Controller has the right to disclose the personal data processed to the following categories of persons, namely:
- to Individuals to whom the data relate when they exercise the right of access the personal data relating to him/her.
- to state bodies if provided for in a legal act, for example state bodies (NRA, Patent Office, Commercial Register, etc.);
- to data processors providing services in favor of the Controller’s business activities, such as accountant of the Controller, that is subject to a confidentiality obligation, and they have provided sufficient assurance of enforcement appropriate technical and organizational measures in such a way that the processing proceeds in accordance with the requirements of the Regulation and ensures the protection of the rights of individuals.
14.2 The Controllerdoes not sell personal data provided by the individual to third parties.
- RIGHTS OF INDIVIDUALS
Right of access by the individual:
15.1 The individual has the right to obtain from the Controller confirmation as to whether or not personal data concerning him or her are being processed. If the Controller processes personal data of the individual the Controller shall provide a copy of the personal data undergoing processing.
Right to rectification:
15.2 The individual has the right to obtain from the Controller without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the individual has the right to have incomplete personal data completed, including by means of providing a supplementary statement.
Right to erasure (‘right to be forgotten’):
15.3 The individual has the right to obtain from the Controller the erasure of personal data concerning him or her without undue delay and the Controller has the obligation to erase personal data without undue delay where one of the stated in article 17 of the GDPR grounds applies.
Right to restriction of processing:
15.4 The individual has the right to obtain from the Controller restriction of processing where one of the stated in article 18 of the GDPR grounds applies. If the processing has been restricted, such personal data shall, with the exception of storage, only be processed with the individual’s consent or for the establishment, exercise or defense of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or of a Member State. The Controller informs the individual who has obtained restriction of processing before the restriction of processing is lifted.
Right to data portability:
15.5 The individual has the right to receive the personal data concerning him or her, which he or she has provided to the Controller, in a structured, commonly used and machine-readable format and has the right to transmit those data to another controller without hindrance from the Provided to which the personal data have been provided, if the processing is based on consent or on a contract.
Right to object:
15.6 The individual has the right to object on grounds relating to his or her particular situation, at any time to processing of personal data concerning him or her. According to Article 21, Paragraph 4 of the GDPR the right to object shall be explicitly brought to the attention of the individual and shall be presented clearly and separately from any other information. For compliance of this obligation, more information about the right to object, can be found in the section below titled “Right to object to processing of personal data”.
15.7 The individual has the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her.
Right of withdrawal of consent:
Right to be informed about the personal data breach:
15.9 The individual has the right to be informed without undue delay about the personal data breach when the personal data breach is likely to result in a high risk to the rights and freedoms of individual.
Right to judicial and administrative protection:
– Right to lodge a complaint with a supervisory authority
15.10 Without prejudice to any other administrative or judicial remedy, the individual has the right to lodge a complaint with the supervisory authority, in particular in the Member State of his or her habitual residence, place of work or place of the alleged infringement if the individual considers that the processing of personal data relating to him or her infringes the GDPR.
– Right to an effective judicial remedy against a supervisory authority
15.11 Without prejudice to any other administrative or non-judicial remedy, the individual or legal person has the right to an effective judicial remedy against a legally binding decision of a supervisory authority concerning them. Proceedings against a supervisory authority shall be brought before the courts of the Member State where the supervisory authority is established.
– Right to an effective judicial remedy against the Controller or processor
15.12 Without prejudice to any available administrative or non-judicial remedy, including the right to lodge a complaint with a supervisory authority, the individual has the right to an effective judicial remedy where he or she considers that his or her rights under the GDPR have been infringed as a result of the processing of his or her personal data in non-compliance with the GDPR. Proceedings against the Controller or a processor shall be brought before the courts of the Member State where the Controller or processor has an establishment. Alternatively, such proceedings may be brought before the courts of the Member State where the individual has his or her habitual residence.
Right to compensation and liability:
15.13 Individual who has suffered material or non-material damage as a result of an infringement of the GDPR has the right to receive compensation from the Controller or processor for the damage suffered. Court proceedings for exercising the right to receive compensation shall be brought before the courts of the Member State where the Controller or processor has an establishment. Alternatively, such proceedings may be brought before the courts of the Member State where the individual has his or her habitual residence.
- PROCEDURE TO EXERCISE THE RIGHTS
16.1 The individual exercises his or her right of withdrawal of consent, right of access, right to rectification, right to erasure, right to restriction of processing, right to data portability, right to object and profiling rights, by submitting a written request to the Controller (either by post at the address specified in the identification of the Controller above or by e-mail), which should contain the following information:
- the name, address, and other data necessary for identifying the respective individual;
- a description of the request;
- signature, date of submission of the request and e-mail address.
16.2 The request shall be filed personally by the individual. The Controller keeps the requests filed by the individuals in a separate register.
16.3 When the individual exercises the right of access to the personal data relating to him or her the Controller shall verify the identity of the individual before responding to the request. This is necessary to minimize the risk of unauthorized access and identity theft. If the Controller cannot identify the individual from the collected information, then the Controller has the right to require a copy of individual’s documentation (such as ID card, driving license, other documents containing personal data that identify the individual) in order to verify the individual’s identity.
16.4 The Controller considers the request and provides the information on action taken on the request of the individual within one month of receipt of the request. This period may be extended by two further months where necessary, taking into account the complexity and number of the requests.
16.5 The Controller informs the individual of any such extension within one month of receipt of the request, together with the reasons for the delay. Where the individual makes the request by electronic form means, the information shall be provided by electronic means where possible, unless otherwise requested by the individual.
16.6 In case the Controller does not take action on the request of the individual, the Controller informs the individual without delay and at the latest within one month of receipt of the request of the reasons for not taking action and on the possibility of lodging a complaint with a supervisory authority and seeking a judicial remedy.
16.7 The Controller shall communicate any rectification or erasure of personal data or restriction of processing to each recipient to whom the personal data have been disclosed, unless this proves impossible or involves disproportionate effort. The Controller informs the individual about those recipients if the individual requests it.
17.. RIGHT TO OBJECT TO PROCESSING OF PERSONAL DATA
17.2 The individual has the right to object on grounds relating to his or her particular situation, at any time to processing of personal data concerning him or her which is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the Controller or processing is necessary for the purposes of the legitimate interests pursued by the Controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the individual which require protection of personal data, in particular where the individual is a child, including profiling based on any of these provisions. The Controller shall no longer process the personal data unless the Controller demonstrates compelling legitimate grounds for the processing which override the interests, rights and freedoms of the individual or for the establishment, exercise or defense of legal claims. The individual can exercise this right by submitting a written request to the Controller, either by post at the address specified in the identification of the Controller above or by e-mail.
17.3 Where personal data are processed for direct marketing purposes, the individual has the right to object at any time to processing of personal data concerning him or her for such marketing, which includes profiling to the extent that it is related to such direct marketing. Where the individual objects to processing for direct marketing purposes, the personal data shall no longer be processed for such purposes. The individual can exercise this right by submitting a written request to the Controller, either by post at the address specified in the identification of the Controller above or by e-mail requiring to stop sending him or her marketing information or by clicking the unsubscribe link contained at the bottom of the e-mail the Controller sends to the individual.
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Last updated: March 06, 2021.