Privacy Policy

This Privacy Policy tells you how MySpectroom, s.r.o. with its registered office in Brno, Purkyňova 649/127, Medlánky, zip code 612 00, Czech Republic, Company Identification Number 293 72 577, incorporated in the Companies Register kept by the Regional Court in Brno, file ref. C 76298 (the “Provider”), processes personal data about you when you access or use the service Combster, a contextual video discovery engine (the “Service”), as defined in the applicable Terms of Service (the “Terms of Service”). Terms defined in the Terms of Service may be used in this Privacy Policy with the same meaning.

The Provider is committed to protecting your personal data. The Provider will only use such data in line with all applicable data protection laws, including the General Data Protection Regulation (the “GDPR”). Your data will be kept in a secure environment, and access to it will be restricted according to the “need to know” principle.

Your use of the Service implies your familiarisation with this Privacy Policy (the “Privacy Policy”). You are kindly asked to read it carefully.

Please note that storage and access to cookies that are set in connection with the Service are governed by a separate Cookie Policy (the “Cookie Policy”).

1. WHAT DATA WILL BE COLLECTED?

1.1 User provided Data: The Provider will collect the personal data you provide to it when you interact with the Service, especially during your registration to create your User Account, or other personal data you provide to the Provider in relation to the Service. Collected data consist typically of contact details such as e-mail address and name and billing details (in case you order any payable services).

1.2 Automatically Collected Data: When you use the Service, the Provider may collect information about how you use the Service and the device(s) that you use to access the Service. This typically includes the following information about you:

1.2.1 used device ID number;
1.2.2 the type of browser and operating system you are using and their settings;
1.2.3 date and time of access;
1.2.4 information about Content you visited and your other behaviour when using the Service;
1.2.5 information on location from which you use the Service (with your consent – please see bellow).

1.3 Accessing with third-party account: If you connect to the Service with an account of a third-party service (such as Facebook, Google, or another third-party application), you are requesting and authorizing us to access to your basic contact details processed by such third party on your behalf (such as your username). Be sure that the Provider will not provide any of your personal data to such third party.

1.4 Your User Content: In case your User Content includes any personal data, the Provider will process also this personal data. Please note that you are solely responsible for all your User Content and the consequences of entering, uploading, or distributing it on the Service. Therefore, you are obliged to ensure that the personal data included in your User Content is entered, uploaded and distributed on the Service in accordance with the applicable data protection legislation.

2. HOW WILL THE PROVIDER USE THE PERSONAL DATA IT COLLECTS AND FOR WHAT PURPOSES?

2.1 Provision of the Service

2.1.1 The Provider will use your personal data to provide the Service, especially to
- (a) operate, maintain, enhance, provide, create, and develop the features, functionalities, and services of the Service,
- (b) improve your user experience,
- (c) create and maintain your User Account,
- (d) communicate with you via your User Account or your e-mail,
- (e) make or receive payments.

2.1.2 Processing of your personal data for this purpose is necessary for the performance of the rights and obligations arising out of the Terms of Service within the meaning of sec. 6(1)(b) of the GDPR.

2.1.3 For this purpose, the personal data will be processed until the termination of your use of the Service pursuant to the Terms of Service. You have no legal obligation to provide the personal data, nevertheless, in that case, the Service cannot be provided.

2.2 Ensure Safety and Security of the Service

2.2.1 The Provider may use your personal data to ensure security of the Service and to investigate suspicious activities or violations of Terms of Service.

2.2.2 Processing of your personal data for this purpose is necessary for the legitimate interests pursued by the Provider within the meaning of the sec. 6(1)(f) of the GDPR.

2.2.3 For this purpose, the personal data may be processed for the period adequate to the relevant limitation periods, usually up to eleven years from the date when the last limitation period commences. This period is suspended in case you assert any claim against the Provider related to the relevant purpose of processing of your personal data until the final decision of the court having jurisdiction in this case. You have no legal obligation to provide the personal data, nevertheless, in that case, the Service cannot be provided.

2.3 Elaborate Anonymized Statistics

2.3.1 The Provider may use your personal data also to track and analyse (on anonymous basis) your use of the Service in order to gather insights, to improve the Service and for other business purposes, including providing third parties with such anonymized statistics.

2.3.2 Processing of your personal data for this purpose is necessary for the legitimate interests pursued by the Provider within the meaning of the sec. 6(1)(f) of the GDPR.

2.3.3 For this purpose, the personal data will be processed until the termination of your use of the Service pursuant to the Terms of Service. You have no legal obligation to provide the personal data, nevertheless, in that case, the Service cannot be provided.

2.4 Protecting Provider’s rights and legitimate interests

2.4.1 The Provider may use your personal data also to avoid potential litigations against it and to defend its rights and legitimate interests (especially before courts) related to the purpose for which the personal data were processed specified in this Privacy Policy (e.g., the performance of the Service).

2.4.2 Processing of your data for this purpose is necessary for the legitimate interests pursued by the Provider within the meaning of sec. 6(1)(f) of the GDPR.

2.4.3 For this purpose, the personal data may be processed for the period adequate to the relevant limitation periods, usually up to eleven years from the date when the last limitation period commences. This period suspends in case you assert any claim against the Provider related to the relevant purpose of processing of your personal data until the final decision of the court having jurisdiction in this case. You have no legal obligation to provide the personal data, nevertheless, in that case, the Service cannot be provided.

3. HOW WILL THE PROVIDER PROCESS PERSONAL DATA INCLUDED IN YOUR USER CONTENT?

3.1 Any personal data included in your User Content will be processed solely as a part of the User Content. The Provider will not seek to extract the personal data from the User Content or process the personal data in any other manner than as a part of the User Content. The User Content will be processed on the Service in accordance with the Terms of Service.

3.2 Processing of the personal data for this purpose is necessary for the performance of the rights and obligations arising out of the Terms of Service within the meaning of sec. 6(1)(b) of the GDPR.

3.3 For this purpose, the personal data will be processed until the User Content is removed from the Service pursuant to the Terms of Service.

4. MARKETING ACTIVITIES, WEB ANALYTICS, ADVERTISING

4.1 Marketing activities of the Provider

4.1.1 For marketing activities, the Provider uses only your basic contact details, including User Account, and information on location from which you use the Service (with your consent – please see bellow).

4.1.2 The Provider may use your basic contact details for providing marketing communications about Provider’s products, services and news related to Provider or its products or services, which you may find interesting. Processing of your data for this purpose is necessary for the purposes of the legitimate interest pursued by the Provider (within the meaning of sec. 6(1)(f) of the GDPR) to pursue marketing activities You may opt-out from receiving such marketing communications anytime simply by contacting the Provider via e-mail address info@spectroom.com or by clicking on the appropriate button or hyperlink in any marketing communication (if enabled by the Provider).You have no legal obligation to provide the data for this purpose.

4.1.3 With your explicit consent, the Provider may from time to time use your basic contact details for providing marketing communications of third parties. Processing of your data for this purpose is based on your consent within the meaning of the sec. 6(1)(a) of the GDPR. Your personal data will be used only for the duration of your consent. You may withdraw the consent anytime simply by contacting the Provider via e-mail address info@spectroom.com or by clicking on the appropriate button or hyperlink in any marketing communication (if enabled by the Provider). You have no legal obligation to provide the data for this purpose.

4.1.4 With your explicit consent, the Provider may collect information on location from which you use the Service and process this information for marketing purposes, including providing of such data (on anonymous basis) to third parties. Processing of your data for this purpose is based on your consent within the meaning of the sec. 6(1)(a) of the GDPR. Your personal data will be used only for the duration of your consent. You may withdraw the consent anytime simply by contacting the Provider via e-mail address info@spectroom.com. You have no legal obligation to provide the data for this purpose.

4.1.5 The Provider participates in several affiliate marketing programs. This means that in certain circumstances if you click on an advertising link in the Service and buy something on the advertiser’s website, the Provider may be eligible for a commission. For instance, as an Amazon Associate the Provider earns from qualifying purchases. Affiliate tracking cookies may be used to store the information about traffic sent to the relevant marketplaces. For details see the Cookie Policy.

4.2 Web Analytics and Advertising

4.2.1 The Provider may use third-party web analytics services in connection with the Service. These service providers use a variety of tracking technologies such as cookies to analyse how users use the Service. The data may be collected and processed directly by these service providers to evaluate your use of the Service.

4.2.2 As agreed upon in the Terms of Service, advertisements may be incorporated into the Service. The Provider may work with third-party ad networks, advertisers, and advertising analytics providers to target (and measure the performance of) ads to you on the Service. The Provider may share with these third parties (or they may directly collect) data such as cookie and mobile ad identifiers in order to engage in advertising activity (including to understand how you respond to advertisements and to serve relevant ads).

4.2.3 Processing of your data for these purposes is based on your consent within the meaning of the sec. 6(1)(a) of the GDPR. You may give your consent in your cookie settings by enabling accepting performance cookies and/or targeting or advertising cookies from the Service. See the Cookie Policy for more information.

5. DATA OF CONTACT PERSONS

5.1 In case you hand personal data of your contact person, or any other third person, over to the Provider, please make sure that the personal data are handed over in compliance with the relevant data protection legislation. Specifically, please ensure that such person is duly informed that their personal data will be handed over to the Provider and for what purpose.

5.2 The Provider may use the personal data for the purpose they were handed over, typically to communicate with you in case of personal data of a contact person, and for the duration necessary for the purpose they were handed over. Processing of the personal data is based on the legitimate interests pursued by the Provider within the meaning of sec. 6(1)(f) of the GDPR. You have no legal obligation to provide the data for this purpose.

6. RECIPIENTS

6.1 Your personal data will be processed by our trusted processors:

6.1.1 Amazon Web Services EMEA SARL, with its registered office at 38 Avenue John F. Kennedy, L-1855, Luxembourg, a cloud computing services provider (Amazon Web Services), or its subcontractors;
6.1.2 ECOMAIL.CZ, s.r.o., with its registered office at Na Mlejnku 764/18, Braník, 147 00 Praha 4, an e-mail services provider, or its subcontractors;
6.1.3 third-party providers of web analytics services and third-party ad networks, advertisers, and advertising analytics providers, as specified above.

6.2 Furthermore, your personal data may be handed over to providers of professional services such as attorneys at law and tax advisors who will be bound by the rules of professional confidentiality.

6.3 Your personal data will be kept by the Provider and abovementioned third parties except where disclosure is required by law (e.g., government bodies), or except where disclosure is necessary to protect Provider’s rights (e.g., third-party claims, courts).

6.4 Some of the abovementioned third parties are seated outside the European Union. Therefore, your personal data may be transferred outside the European Union. As the Provider is responsible for your personal data, it always ensures that your data remains protected and secure when being transferred. The applicable safeguards are in the form of standard contractual clauses approved by the European Commission or the EU-U.S. and Swiss-U.S. Privacy Shield Frameworks.

7. YOUR RIGHTS

7.1 As a data subject, you have all the rights under the applicable data protection legislation, specifically:

7.1.1 the right to obtain confirmation from the Provider as to whether or not your personal data are being processed, and, where that is the case, access to the personal data and further information according to clause 15 of the GDPR such as the purposes of the processing, the categories of personal data concerned, and the recipients or categories of recipient to whom the personal data have been or will be disclosed;
7.1.2 the right to obtain the rectification of inaccurate personal data concerning you according to clause 16 of the GDPR;
7.1.3 the right to obtain the erasure of personal data under the circumstances set in clause 17 of the GDPR, e.g., in case the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed;
7.1.4 the right to obtain restriction of processing under the circumstances set in clause 18 of the GDPR, e.g., in case you contest the accuracy of the processed personal data;
7.1.5 the right to receive your personal data, which you have provided to the Provider, in a structured, commonly used and machine-readable format and to transmit those data to another controller without hindrance from the Provider under the circumstances set in clause 20 of the GDPR;
7.1.6 the right to object to processing of your personal data based on legitimate interests pursued by the Provider (within the meaning of sec. 6(1)(f) of the GDPR) or to processing for direct marketing purposes, pursuant to clause 21 of the GDPR.

7.2 To exercise your rights, please contact the Provider at the following e-mail address: info@spectroom.com. Be sure that the Provider will not discriminate against you for exercising your rights.

7.3 Besides the above mentioned rights, you have also the right to lodge a complaint with the relevant supervisory authority (Data Protection Authority). The list of the Data Protection Authorities in the European union is accessible under the following link http://ec.europa.eu/justice/article-29/structure/data-protection-authorities/index_en.htm.

8. DATA SECURITY

8.1 Any data you provide to the Provider is safeguarded and secure. To prevent unauthorized access, maintain data accuracy, and ensure the correct usage of information, the Provider has put in place appropriate physical, electronic, and managerial procedures. Access to your personal data is restricted to those Provider’s employees who need to know that data in order to process it. These individuals are bound by confidentiality obligations and may be subject to disciplinary action, including job contract termination, if they fail to meet those obligations.

8.2 However, no security precautions or systems can be completely secure. The Provider cannot ensure or warrant the security of any data you transmit to the Provider, and you do so at your own risk. The Provider cannot guarantee that such data may not be accessed, disclosed, altered, or destroyed by breach of any of Provider’s safeguards.

9. CHILDREN’S PRIVACY

9.1 According to the Terms of Service, the Service is not available to persons under the age of 18 (or the age of legal majority in your jurisdiction of residence – if higher). Therefore, the Provider does not intend to process any personal data of any minor.

9.2 If you are the parent or legal guardian of a minor, who has somehow registered User Account with the Service contrary to the Terms and Conditions, please contact the Provider to initiate the User Account deletion procedure. The Provider will use information you provided only to verify and process your request.

10. LINKED SITES

10.1 The Service may contain links to websites operated by other entities (the "Linked Site"). No Linked Site, regardless of the linking form (e.g. hotlinks, hypertext links, IMG links) is maintained, controlled, endorsed, monitored or otherwise governed by the Provider. Therefore, the Provider is not liable for the privacy practices of these entities. The Provider, therefore, encourages you to get familiar with their privacy policy, as it may differ from Provider’s.

11. MERGER OR SALE

11.1 In the event that the Provider, or some or all assets related to the Service are acquired by or merged with a third-party entity or in connection with a contemplated change of ownership transaction, the Provider reserves the right, in any of these circumstances, to transfer or assign your personal data as part of that merger, acquisition, sale, or other change of control event, including in the course of diligence.

12. CALIFORNIA PRIVACY DISCLOSURES

12.1 In addition to the abovementioned information, bellow please find additional disclosures required under the California Consumer Privacy Act and other California laws, which may be relevant if the above laws apply to you.

12.2 Data Access & Deletion Rights

12.2.1 You may have the right under the California Consumer Privacy Act to request information about the collection of your personal information by the Provider, or access to or deletion of your personal information. If you wish to do any of these things, please visit contact the Provider at the following e-mail address: info@spectroom.com.
12.2.2 Please note that certain information may be exempt from such requests under California law and that, depending on your data choices, certain services may be limited or unavailable.

12.3 No Sale of Personal Information

12.3.1 In the twelve months prior to the effective date of this Privacy Policy, the Provider has not sold any personal information of consumers, as those terms are defined under the California Consumer Privacy Act.

12.4 California “Shine the Light” Disclosure

12.4.1 The California “Shine the Light” law gives residents of California the right under certain circumstances to opt out of the sharing of certain categories of personal information (as defined in the Shine the Light law) with third parties for their direct marketing purposes. The Provider does not share your personal information with third parties for their own direct marketing purposes.

13. CHANGES TO THIS PRIVACY POLICY

13.1 This Privacy Policy was last updated on February 26th 2020. The Provider reserves the right to change this Privacy Policy at any time by posting the updated Privacy Policy on the Provider’s website. Please check the Provider’s website periodically for those changes.

13.2 In case of material changes of the Privacy Policy, you may be notified via or User Account as well.