Data Protection Act and Legislation refers to the GDPR, and/or the Federal Data Protection Act of 19 June 1992 (Switzerland).
EEA refers to the European Economic Area.
GDPR refers to the the Council of 27 April 2016 and the European Parliament's Regulation (EU) 2016/679 addressing the protection of private individuals (natural person) and the processing and movement of User Personal Data.
Privacy Shield refers to the EU-U.S. Privacy Shield legal framework and the Swiss-U.S. Privacy Shield legal framework.
User Personal Data's treatment, processing and responses of the Kypsel websites and services are in complete compliance with the Data Protection Legislation since launch.
Application of Data Protection Act and Legislation
The Data Protection Act and Legislation apply on territories where the Data Protection Act or Legislation are in vigor, and/or when the data processing occurs for private individuals (natural persons) residing in the EEA, or who are in the EEA at the time of their interaction with Kypsel Limited.
Data breach, Data incident, or Data hacking, all refer to an intrusion in, destruction or modification of User Personal Data by an entity other than the user or Kypsel Limited. These occurrences are unauthorized, and against the will of Kypsel Limited. These occurrences may compromise the security of the User Personal Data, against the will of Kypsel Limited. These occurrences are not condoned by Kypsel Limited.
In the case of a data breach, data incident, or data hacking, you will receive proper warning by our services. Kypsel Limited uses the foremost online and offline servers and technology equipment and security in order to avoid such occurrences. In the case of an occurrence, you might be prompted to change your password on the account used to interact with Kypsel Limited.
Please note that User Personal Data is NOT stored on physical servers at Kypsel premises.
We will notify supervisory authority no more than 72 hours after becoming aware of a breach of users’ personal data. We may use your contact information to signal that your data has been compromised as soon as reasonably possible - or after contacting proper law enforcements (that might delay our public announcement.) We will share with proper authorities the number of users accounts compromised, and the nature of the breach.
You understand that Kypsel Limited complies with GDPR. We will warn and notify authorities no more than 72 hours after becoming aware of a breach of user personal data - or if any user accounts have been compromised. You understand that we take appropriate measures to protect you as best we can. You agree to be contacted if your account or data has been compromised. You understand that we might announce a breach publicly after contacting proper law enforcement investigations.
The terms binding date is considered to be the time and date when the user, you:
(1) first interacted with our websites or our services, by navigating, browsing, clicking, entering or submitting information on said websites or services.
(2) first used/interacted/messaged us
(3) first used our 'contact us’ form
(4) agreed to these data processing terms be it by typing or clicking on
(4.1) « I understand » at any time
(4.2) « let’s go » at any time,
(4.3) « I agree » at any time,
(4.4) « Let’s go » at any time,
(4.5) « Send » at any time,
on any one of our websites, or services.
Binding you, the user, to these Data Processing Terms means you tacitly instruct Kypsel that you agree with all the terms on this page, and allow Kypsel Limited to process User Personal Data but only in accordance with applicable law.
Data Storage and Processing Terms Duration refers to the time during which these terms take effect and stay in effect, starting on the terms binding date.
Terms will remain in effect until you, the user, notify Kypsel Limited of your desire to terminate your account via email at firstname.lastname@example.org
Please understand the nuance between User Personal Data, and User. A User is considered to be a fully fledged entity, or account. To requestion deletion of your User Personal Data does not imply the deletion of your entire User account. If we do not store anything about you does not mean you no longer have an account.
You understand that the deletion of your User Personal Data does not constitute a complete deletion of your User account. You hereby agree that to delete your entire User account, you will email us at email@example.com
Only after a request of account termination via email to firstname.lastname@example.org does Kypsel Limited release a User from the Data Storage and Processing Terms and effects - and thus, for as long as the User does not interact again, or any longer, with our Kypsel Limited websites or services. Only at that time do the aforementioned terms cease to be in effect.
This is in vigor as you may choose to delete your past interactions with Kypsel Limited, or your User Personal Data, but choose to resume your interaction with our Websites or our services as long as your account is active - thus not terminated. Whenever you, the user, still converse or interact with our Kypsel Limited website or portals - your account is considered existing, and the terms are still in effect.
If you have chosen to delete your User Personal Data or requested for your User account to be removed from our records in the past, this does not release you from being bound again by these terms in the future, when you resume interaction or messaging to Kypsel websites or services.
The deleted User Personal Data cannot be recovered by the user or Kyspel at all - it is not placed in a virtual bin, and it is not retrievable after deletion.
Deletion of User Personal Data and Deletion of a notification contact or a fully fledged User happens as soon as reasonably practicable or before a maximum 180 days, unless EU or EU Member State law indicates otherwise.
I.13 Data Controller(s) refers to the Kypsel Limited department and personnel in charge of controlling User Personal Data and responsible for applying Data Protection Act and Legislation at Kypsel Limited.
The Data Controller is based at Kypsel Limited Headquarters, which may change at any time in the future.
Data of Users, or provided by Users, is processed by the data controller in unison with Kypsel’s internal Data Science team. Usage of said data is done securely and responsibly. The Data Controller and the Data Science team at Kypsel take measures to protect the data, and prevent unlawful use of the Data.
The Data in its raw form will not be shared externally, with third parties or with business partners of Kypsel Limited. Whenever the Data is stored on a third party cloud carrier, technical service provider, hosting service, IT service, it is SOLELY accessible by Kypsel Limited - not shared with previously enumerated services and tools. Kypsel Limited reserves the right to use said serviced quoted previously, as repositories.
The Data may be aggregated, analyzed in bulk - anonymously - and shared with partners or third parties, or in-house at Kypsel Limited, for example with: the internal marketing and sales department, the legal administration, or with strategic management.
Contacting the Data Controller for more information or help may be done by sending us an email to email@example.com with subject line « Data Controller.»