TRAFFT PRIVACY POLICY

Last updated on 27.09.2021.

Welcome to Trafft’s Privacy Policy!

Please note that this Privacy Policy applies to personal data that is collected and processed in the course of providing Service (as defined in the Definition Section of the Terms of Use) via Trafft by TOUCH ME SOFT, with registered seat at Milutina Milankovića 11b, floor 3, 11000 Beograd (Novi Beograd), the Republic of Serbia, CIN 21051438, TIN 108706008, (hereinafter: “TMS”, “we” or “us”).

TMS, as a data controller, collects and processes personal data relating to interactions on the Website (as defined in the Definition Section of the Terms of Use). This Privacy Policy describes how TMS uses and protects any information that you give us.

We believe in full transparency, which is why we keep our Privacy Policy simple and easy to understand.

We strongly urge you to read this Privacy Policy and make sure that you fully understand and agree with it. If you do not agree to this Privacy Policy, please do not access, or otherwise use Trafft. Should you have any inquiries regarding this Privacy Policy, please contact us at [email protected].

Any capitalized but undefined term in this Privacy Policy shall have the meaning given to it in the Definitions Section of the Terms of Use.

CONTENT

1. DEFINITIONS
2. DATA CONTROLLER AND DATA PROCESSOR
3. WHAT DATA DO WE PROCESS ABOUT YOU AND WHEN?
4. WHAT DO WE NOT DO?
5. PERSONAL DATA SECURITY
6. WITH WHOM DO WE SHARE YOUR PERSONAL DATA?
7. INTERNATIONAL TRANSFER OF YOUR PERSONAL DATA
8. HOW LONG DO WE KEEP YOUR DATA?
9. YOUR RIGHTS
10. CHANGES TO PRIVACY POLICY

1. DEFINITIONS

When we say “consent” we mean your explicit consent on the processing of personal data.

When we say “cookies” we mean small pieces of data stored on your device (computer or mobile device). This information is used to track your use of the Website and to compile statistical reports on website activity.

When we say “controller” we mean the entity that alone or jointly with others, determines the purposes and means of the processing of personal data.

When we say “Data Subject”, or “you” we mean any natural person that shares personal data with us via Trafft.

When we say “Employer” we mean the Client who made your Personal Data available to us and who is using the Service.

When we say “Employee” we mean an individual that is engaged as an employee, consultant, or contractor of Client, and who is registered on the Trafft by the Employer with the purpose to provide Client’s services to Customers.

When we say “GDPR” we mean the General Data Protection Regulation 2016/679.

When we say “personal data” or “data” we mean any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, either directly or indirectly. Therefore, data about a company or any legal entity is not considered to be personal data but registering on behalf of a legal entity may include sharing personal data. For example, the information about one-person companies may constitute personal data where it allows the identification of a natural person. The rules also apply to all personal data relating to natural persons in the course of professional activity, such as the employees of a company or organization, business e-mail addresses like Page 3 of 16“[email protected]”. This Privacy Policy does not apply to information from which no individual can reasonably be identified (anonymized information).

When we say “processing” we mean any operation or set of operations which is performed on personal data or sets of personal data. This includes activities such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

When we say “processor” we mean any natural or legal person who processes the data on behalf of the controller.

2. DATA CONTROLLER AND DATA PROCESSOR

In relation to your personal data processed on or via the Website and the Service, TMS may be either a Data Controller or Data Processor.

When TMS acts in the capacity of a Data Controller, TMS determines the purposes and means of the processing of personal data. The purpose of data processing is the reason why we process your personal data. The table in Section 3.1 of the Privacy Policy presents the purposes and legal basis for data processing. In such cases, TMS is responsible for your personal data.

Apart from Section 3.2, this Privacy Policy primarily contains information on processing your data in the capacity of a Data Controller. Should you have any inquiries, or you wish to exercise any of the rights of a Data Subject stipulated in Section 9, please contact us:

• TOUCH ME SOFT
• Milutina Milankovića 11b, floor 3,
• 11000 Beograd
• Serbia
• Email: [email protected].

Given that TMS strongly supports the principle of transparency of personal data processing, despite being a Data Processor, TMS made an additional effort to explain personal data processing via the Service in Section 3.2 of this Privacy Policy. The information contained therein outlines how personal data processing via Trafft functions in general. Nevertheless, should you wish to send an inquiry or exercise any of your Data Subject’s rights which you may have under the applicable data protection legislation to the Client, your Employer or service provider, please contact the Client as Data Controller.

If you represent a Client that falls under the scope of application of the GDPR or similar data protection legislation, you may sign the Data Protection Addendum to these Terms of Use (“DPA”), with TMS as a Data Processor based outside the EEA. The DPA includes the Standard Contractual Clauses adopted by the European Commission, as applicable, and reflects the Parties’ agreement with respect to the terms governing the processing of personal data under Trafft’s Terms of Use. Signing the DPA will be considered as an amendment to the Agreement (within the meaning of Definitions Section of the Terms of Use) and will be considered to form a part of the Agreement. If you represent a Client that does not fall under the application of the GDPR, TMS processes your personal data under the DPA concluded between TMS and you, as stipulated by the Data Protection Act of the Republic of Serbia.

If you would like to sign a DPA with us, please contact us at [email protected].

3. WHAT DATA DO WE PROCESS ABOUT YOU AND WHEN?

We may collect and receive information about you in various ways:

• Information you provide through the use of the Service (for example, by creating the account on Trafft).
• information you decide to provide through getting in touch with us via support option.
• Information we collect through the use of cookies in accordance with our Cookie Policy (for example, your time zone).

Personal data we may collect automatically

Each time you use Trafft we may automatically collect the following information:

• when you use Trafft, we will keep a record of the details of that usage, including the date, time, location, frequency and duration of the usage;
• any comments, opinions and/or feedback you provide to us regarding Trafft;
• technical information about your computer or mobile device for system administration and analysis, including your IP address, URL clickstreams, unique device identifiers, operating system, and network and browser type;
• other information about your use of Trafft, including the pages you have viewed, the duration spent on Trafft and data files you have uploaded to Trafft.

This information we collect via use of cookies. For further information about the use of cookies and how you can manage them, please read our Cookie Policy.

3.1 TMS AS DATA CONTROLLER

3.2 TMS AS DATA PROCESSOR

As previously stated, concerning your personal data processed on or via the Service, TMS is a Data Processor and the Client is the Data Controller. TMS processes personal data following instructions from the Data Controller and under the Terms of Use, and DPA (if any). The purpose of such personal data processing includes but is not limited to: scheduling on-site or virtual appointments, meetings & events with the Customers, managing staff and services, accepting payments, sending reminders to Customers and Employees.

As a processor, TMS is permitted to collect, use, disclose and/or otherwise process your personal data only following the instructions of the Client, your Employer or service provider.

3.2.1 Processing prior to using the Service

1. Employee’s data
   • The Client, your Employer shares your email address, name, last name, and phone number to enable you to access the Service. The Client might add a brief description and your profile photo. Additionally, your Employer shares your working hours, days off and special days.
   • The Client, your Employer may assign you Client’s services to be provided to Customers.
   • If you have any questions regarding the legal basis for such personal data processing, please contact your Employer who added you to the Trafft
2. Customer’s data
   • The Client, your service provider shares your name, last name, email address and phone number to add you to the Trafft and create appointments with you. The Client might, optionally add your gender, date of birth and an additional description.
   • If you have any questions regarding the legal basis for such personal data processing, please contact the Client who provided you the Client’s services.

3.2.2 Processing during the usage of the Service

1. Employee’s data

If you decide to accept the invitation to use Trafft, you will be required to create an account. To create the account, you will need to share your email address and password.

You manage personal data you share via your account such as name and last name, photo, email data (personal email address or work email address).

If you choose to connect your Trafft account to Google Calendar, Outlook Calendar and Apple Calendar you will be able to sync your appointments from Trafft with these calendars. This function enables you to have the appointments from Trafft within the Google, Outlook, or Apple Calendar.

Once the calendar is connected, you will see all appointments from Trafft right inside your Google, Outlook or Apple Calendar.

To provide this integration, we need to access your Google, Outlook or Apple calendar and collect the data from such calendars. Our calendar sync integration will check the duration and free/busy status of the events in your external calendar, as well as the titles of any events. We do not check who you are meeting with, their email, or any other details about events in your calendar. We ask Employees for such authorization explicitly prior to processing such data.

While Super Admins and Managers can view other Employees’ calendar, only the Employee can see events from the connected Google, Outlook, or Apple calendar (Super Admins and Managers cannot see events from your connected calendar).

The Employee may disconnect the calendar at any time by clicking on the Disconnect option on their calendar.

The Client, your Employer shares your personal data to create appointments for you with the Customers. The data includes your first and last name, type of service, date, and time of the appointment.

Trafft will send you reminders for your scheduled appointments on your registered email address.

You may unsubscribe from receiving any email from Trafft. If you wish to do so, simply follow the instructions found at the end of each email or visit section “Account Settings” on Trafft.

If you have any questions regarding the legal basis for such personal data processing, please contact your Employer who added you to the Trafft.

2. Customer’s data
   • If you decide to book an appointment via Trafft, you will be required to share certain personal data:
• To book an appointment as a Guest, you must share your first name, last name, and email address. You might decide to share your phone number and use a coupon. Additionally, you may choose to add the appointment to your Google, Outlook, or Apple Calendar.
• To create an account and book an appointment as a registered Customer, you must share your first name, last name, email address, and password. Additionally, you may choose to add the appointment to your Google, Outlook, or Apple Calendar.

If you decide to accept the invitation to use Trafft, you will be required to create an account. To create the account, you will need to share your email address and password.

You manage personal data you share via your account such as name and last name, photo, email data (personal email address or work email address).

If you choose to connect your Trafft account to Google Calendar, Outlook Calendar and Apple Calendar you will be able to sync your appointments from Trafft with these calendars. This function enables you to have the appointments from Trafft within the Google, Outlook, or Apple Calendar.

Once the calendar is connected, you will see all appointments from Trafft right inside your Google, Outlook or Apple Calendar.

To provide this integration, we need to access your Google, Outlook or Apple calendar and collect the data from such calendars. Our calendar sync integration will check the duration and free/busy status of the events in your external calendar, as well as the titles of any events. We do not check who you are meeting with, their email, or any other details about events in your calendar. We ask Employees for such authorization explicitly prior to processing such data.

While Super Admins and Managers can view other Employees’ calendar, only the Employee can see events from the connected Google, Outlook, or Apple calendar (Super Admins and Managers cannot see events from your connected calendar).

The Employee may disconnect the calendar at any time by clicking on the Disconnect option on their calendar.

The Client, your Employer shares your personal data to create appointments for you with the Customers. The data includes your first and last name, type of service, date, and time of the appointment.

Trafft will send you reminders for your scheduled appointments on your registered email address.

You may unsubscribe from receiving any email from Trafft. If you wish to do so, simply follow the instructions found at the end of each email or visit section “Account Settings” on Trafft.

If you have any questions regarding the legal basis for such personal data processing, please contact your Employer who added you to the Trafft.

If you decide to book an appointment via Trafft, you will be required to share certain personal data:

1. • To book an appointment as a Guest, you must share your first name, last name, and email address. You might decide to share your phone number and use a coupon. Additionally, you may choose to add the appointment to your Google, Outlook, or Apple Calendar.
   • To create an account and book an appointment as a registered Customer, you must share your first name, last name, email address, and password. Additionally, you may choose to add the appointment to your Google, Outlook, or Apple Calendar.

The Client, your service provider shares your personal data to create appointments with you, such as: your name, last name, email address, phone number and type of service. The Client might add your gender, date of birth and an additional description.

In order to keep a record of your previous and current appointments, the Customer shares your first name, last name, email address, number of appointments, last appointment, favorite services, payment information, the person with whom you had the most appointments.

Trafft will send you reminders for your scheduled appointments and appointment follow ups on your registered email address.

You may unsubscribe from receiving any email from Trafft. If you wish to do so, simply follow the instructions found at the end of each email or visit section “Account Settings” on Trafft.

If you have any questions regarding the legal basis for such personal data processing, please contact the Client who provided you the Client’s services.

Third Party Integrations

To allow for greater functionality and expanded services offerings Trafft integrates with a number of third-party apps and software platforms, such as Zoom Meetings and Zapier. For these integrations, Trafft user must maintain their own account. Please note that if using these integrations within Trafft, separate privacy policies for those services and platforms apply.

4. WHAT DO WE NOT DO?

TMS will never:

• Sell any kind of personal information or data.
• Disclose this information to marketers or third parties not specified in Section 6 of the Privacy Policy.
• Process your data in any way other than stated in this Privacy Policy.

5. PERSONAL DATA SECURITY

We take administrative, technical, organizational and other measures to ensure the appropriate level of security of personal data we process. Upon assessing whether a measure is adequate and which level of security is appropriate, we consider the nature of the personal data we are processing and the nature of the processing operations we perform, the risks to which you are exposed by our processing activities, the costs of the implementation of security measures and other relevant matters in the particular circumstances.

Some of the measures we apply include access authorization control, information classification (and handling thereof), protection of integrity and confidentiality, data backup, firewalls, data encryption and other appropriate measures. We equip our staff with the appropriate knowledge and understanding of the importance and confidentiality of your personal data security.

We protect personal information you provide online in connection with registering an account via Trafft. Access to your own personal information is available through a password selected by you. This password is encrypted while transmitted from your browser to our servers and while stored on our systems. To protect the security of your personal information, never share your password to anyone. Please notify us immediately if you believe your password has been compromised.

Whenever we save your personal information, it’s stored on servers and in facilities that only selected TMS personnel and our contractors have access to. We encrypt all data that you submit through Trafft during transmission using Transport Layer Security (TLS) in order to prevent unauthorized parties from viewing such information. Remember – all information you submit to us by email is not secure, so please do not send sensitive information in any email to TMS. We never request that you submit sensitive or personal information over email, so please report any such requests to us by sending an email to [email protected].

6. WITH WHOM DO WE SHARE YOUR PERSONAL DATA?

TMS utilizes external processors and sub-processors for certain processing activities. We use information audits to identify, categorize and record all personal data that is processed outside the company, so that the information, processing activity, processor and legal basis are all recorded, reviewed and easily accessible. The list of sub-processors is approved by the Customer.

We have strict due diligence procedures and measures in place and review, assess and background check all processors prior to forming a business relationship. We obtain company documents, certifications, references and ensure that the processor is adequate, appropriate and effective for the task we are employing them for.

We audit their processes and activities prior to contract and during the contract period to ensure compliance with the data protection regulations and review any codes of conduct that oblige them to confirm compliance.

This is the list of processors and sub-processors with whom we share your personal data:

We may also share your personal data with our outside accountants, legal counsels, and auditors.

Moreover, we may disclose your personal information to third parties:

• if we are under a duty to disclose or share your personal data in order to comply with any legal obligation;
• to prevent and detect fraud or crime;
• in response to a subpoena, warrant, court order, or as otherwise required by law.

Finally, personal information may be disclosed or transferred as part of, or during negotiations of, a merger, consolidation, sale of our assets, as well as equity financing, acquisition, strategic alliance or in any other situation where personal information may be transferred as one of the business assets of TMS.

We do not have a list of all third parties we share your data with, as this would be dependent on your specific use of our Services. However, if you would like further information about who we have shared your data with, or to be provided with a list specific to you, you can request this by writing to [email protected].

7. INTERNATIONAL TRANSFER OF YOUR PERSONAL DATA

We may transfer your personal data to countries other than the one you reside in. We maintain appropriate technical and organizational measures to ensure that an appropriate level of security in respect of all personal data we process. If the GDPR applies to the Client, we make sure that such transfer is made:

1. to the countries within the EEA;
2. to the countries which ensure an adequate level of protection;
3. to the countries which do not belong to those specified under item 1. and 2, but only by applying the appropriate safeguard measures (such as Standard Contractual Clauses adopted by the European Commission).

If you require further information about these protective measures, please contact us at [email protected].

Your personal data is stored on servers located in Germany.

8. HOW LONG DO WE KEEP YOUR DATA?

The period for which we store your personal data depends on a particular purpose for the processing of personal data, as explained in detail in Section 3. We retain personal data for as long as we reasonably require it for legal or business purposes. In determining data retention periods, we take into consideration the applicable law (see Section 22 of the Terms of Use.), contractual obligations, and the expectations and requirements of our Clients and Customers. When we no longer need personal information, or when you request us to delete your information, where this is legal, we will securely delete or destroy it.

However, as an exception to the retention periods in Section 3 the data may be processed to determine, pursue, or defend claims and counterclaims.

9. YOUR RIGHTS

Given that transparency is one of our cornerstone principles, we grant Data Subjects certain rights in relation to their personal data. These rights may be exercised by Data Subject when TMS operates as a Data Controller.

If your inquiry or exercise of any of the Data Subject’s rights relates to the data processed by the Client as a Data Controller as explained in Section 3.2 of the Privacy Policy, please contact the Client (your Employer or service provider).

In the event TMS receives a request for exercising any of these rights directly from a Data Subject, we are obliged to notify the Client before responding to such a request.

Right of Access

You can send us a request for a copy of the personal data we hold about you.

We have ensured that appropriate measures have been taken to provide such in a concise, transparent, intelligible and easily accessible form, using clear and plain language. Such information is provided in writing free of charge. It may be provided by other means when authorized by the Data Subject and with prior verification as to the subject’s identity.

Information is provided to the Data Subject at the earliest convenience, but at a maximum of 30 days from the date the request was received. Where the retrieval or provision of information is particularly complex or is subject to a valid delay, the period may be extended by two further months where necessary.

Right to Object to Processing

You have the right to object to the processing of your personal data where that processing is being undertaken based on the controller’s legitimate interest. In such a case the controller is required to cease processing your data unless the controller can demonstrate compelling grounds that override your objection.

Right to Correction of Your Personal Data

If the personal data we have about you is incorrect, you have the right to request that we correct those data. Where notified of inaccurate data by the Data Subject, we will rectify the error within 30 days and inform any third party of the rectification if we have disclosed the personal data in question to them.

Right to Erasure

You have the right to request that your personal data is deleted in certain circumstances including:

• The personal data are no longer needed for the purpose for which they were collected;
• You withdraw your consent (where the processing was based on consent);
• You object to the processing and no overriding legitimate grounds are justifying processing the personal data;
• The personal data have been unlawfully processed; or
• To comply with a legal obligation.

However, this right does not apply where, for example, the processing is necessary:

• To comply with a legal obligation; or
• For the establishment, exercise or defense of legal claims.

If you decide to use “Delete personal data” option at the Account Settings section of your personal page, as processor we have obligation to notify the controller about your request and ask for the instructions. Only after the controller approves, we are authorized to erase your personal data.

Right to Restriction of Processing

If the accuracy of the personal data is contested, you consider the processing is unlawful but you do not want it erased, we no longer need the personal data but you require it for the establishment, exercise or defense of legal claims or you have objected to the processing and verification, you can exercise your right to the restriction of processing.

Right to Data Portability

Where you have provided personal data to us, you have the right to receive such personal data back in a structured, commonly used and machine-readable format, and to have those data transmitted to a third-party without hindrance, but in each case only where:

• The processing is carried out by automated means; and
• The processing is based on your consent or the performance of a contract with you.

Right to Withdraw the Consent

If you have provided your consent to the collection, processing and transfer of your personal data, you have the right to fully or partly withdraw your consent. Once we have received notification that you have withdrawn your consent, we will no longer process your information for the purpose(s) to which you originally consented unless there is another legal ground for the processing.

Right to Lodge a Complaint

If you have any concerns or requests in relation to your personal data, please contact us at [email protected] and we will respond as soon as possible but not later than within 30 days.

10. CHANGES TO OUR PRIVACY POLICY

Any changes we may make to our Privacy Policy will be posted on this page and where appropriate may be notified to you by e-mail or advised to you on the next login to Trafft. Continued use of the Trafft will signify that you agree to any such changes.