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Privacy Policy and Data Protection Rules

contents
  • Who collects and process your personal data
  • Which personal data do we collect and process
  • Term of personal data processing and place of storage
  • Third parties and your personal data
  • Your rights under the GDPR
  • Cookies
  • Age limits
  • Contact us
Who collects and process your personal data

1.1. This privacy policy and data protection rules provide the clients (including our partners and clients of our partners); users of the web-site https://amasty.com/ and its subdomains (https://products.amasty.com/, https://support.amasty.com/, https://promo.amasty.com/ and others) [hereinafter collectively referred to as the “Web-site”]; customers (including potential customers) of the clients (that is – the users of the online stores) and other subjects with information on which personal data we collect and how we process such personal data [hereinafter referred to as the “Rules”].

1.2. Your personal data hereunder are collected and processed by Softonomika Limited, a company established and existing under the law of Cyprus, with its registered office at: Afroditis, 25, Office 208, 1060, Nicosia, Cyprus Clarion Business Centre, Company Identification Number: HE 427722, [email protected] [hereinafter referred to as the “AMASTY”].

1.3. AMASTY is a member of group of companies operating under the trademark Amasty®. Members of this group of companies are also Transform Agency Spółka z Ograniczoną Odpowiedzialnością [Poland], AmDev LLC [Belarus] and Design Enterprise Limited [United Kingdom] [hereinafter referred to as the “AMASTY Group”].

1.4. In order to provide for an effective protection of your personal data, these Rules may be subject to future changes and amendments. You will always find the updated version of these Rules on our website www.amasty.com. Your continued use of the Web-site and (or) our services after the effective date of the updated Rules will be subject to the new Rules. If we make any major changes to our Rules and will need your explicit consent for further processing of your personal data, we will request your consent or your renewed consent (in case it was obtained previously).

1.5. Generally, AMASTY has the position of a controller of the personal data under the Regulation [EU] 2016/679 of the European Parliament and of the Council 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 [General Data Protection Regulation] [hereinafter referred to as the “GDPR”], but in some case may be a processor (for example, in relation to users of the online stores.

Which personal data do we collect and process

2.1. We respect your privacy and aim to limit the personal data that we collect from you to the amount which is strictly necessary to fulfill the purposes of processing. Categories of personal data that we process are specified below.

2.2. Your personal data is used as follows:

Purpose of the processing

Type of personal data

Legal ground for the processing

To establish a contractual relationship with you

We collect and process your personal data for following purposes: 

- to register your account of the Web-site, and 

- to provide you with our services, including accompanying services, on the basis of an agreement concluded with you, and

 - to provide you with support and customer care services, when you're submitting support inquiries or other inquiries via our helpdesk system, chat, messengers, relevant forms on our Web-site or other means of communication as per our Support License Agreement, and 

- to improve our products and services provided to you.

- To register your account on the Web-site: your first and last name, your email address (you may also use Facebook/Google sign-in). 

- To provide you with our services: your first and last name, your email address, your residency/billing address, IP address, domain name, website usage information, business phone number, company.

- To give your feedback on your inquiries: your first and last name, your email address, product name, your Magento version, company (optional), other data that you provide in your inquiry.  

In case your support inquiry requires investigation, we may also ask you to provide the following details: Magento admin access [Magento admin URL, username and password], HTTP authentication [username and password], Magento files access [protocol, hostname, port, username, authorization type, password, Magento directory], the list of extensions installed, configuration setup of AMASTY extensions, current Magento version and edition, current PHP version and additional details that are required to investigate and address your support inquiry as stipulated in AMASTY Support License Agreement.

- To improve our products and services provided to you: your first and last name, your email address, other data that you provide in your inquiry.

Processing is necessary for the performance of a contract to which you are a party or in order to take steps at your request prior to entering into a contract.

Please note that provision of this personal data is a contractual requirement (or a requirement necessary to enter into a contract) and if you would like to make use of our products or services you are obliged to provide such data. Otherwise, we will not be able to provide you with our products or services.  

To give you consultations regarding our services or otherwise react on your requests for our products or services

AMASTY provides а range of different products or services (custom development services, Magento SSL setup services, support and maintenance service, individual offers, bundle packs, unlimited access to all AMASTY extensions and others). We may also offer products and services with the discounts. You may request our products or services (including special offers with the discounts) or the consultation regarding our products or services by contacting our experts via relevant forms on our Web-site or other means of communication.

Your first and last name, your email address, business phone number, company, other data that you provide in your inquiry.



Your explicit consent

If you decide to proceed with our products or services, your personal data will be further processed based on the legal ground of the performance of a contract (for more information please refer above). 

To respond to incoming inquiries

Even if you are not our client or our partner, you may still contact AMASTY with a question/request/complaint, etc. via the forms or chat on the Web-site, via contact details indicated on the Web-site or via other means of communication. The personal data you provide will be used by AMASTY to give feedback.

Your first and last name, your email address, company (optional), business phone number (optional), other data that you provide in your inquiry. 

Your explicit consent. 

To demonstrate you our products during web-conference 

You may book a web-conference with us during which we will demo the products that you have interest in. Our live demos are designed to show you the features of one AMASTY solution of your choice and answer your questions to help you make an informed decision before the purchase. 

Your name, your email address, other data that you provide in your web-conference booking or during web-conference. 

Your explicit consent. 

To consider your requests on the enrollment in a training or our master classes

We may organize for you live personalized trainings sessions for our extensions or present our master classes. 

Your first and last name, your email address, company (optional), other data that you provide in your inquiry. 

Your explicit consent. 

If you are enrolled in our training or master-class, your personal data will be further processed based on the legal ground of the performance of a contract (for more information please refer above). 

To consider your requests on the enrollment in our partner programs

- We have established various partner programs (regular partnership, technical partnership, marketing partnership, personalized partnership) to help our partners grow their businesses. Regardless of whether you purchase the extensions for your clients, or they do it directly, we have great benefits in store for you as our partner and your clients.

- We have the reseller partner program and our reseller partners may promote and sell their products on our Web-site.

- We also have the affiliate program which is targeted at Magento bloggers, webmasters and, basically, everyone who’s willing to monetize their traffic. It allows to generate a special link to AMASTY store or a specific product, publish it on your blog, website, etc. and receive a commission depending on the revenue your traffic generates annually.

An individual and/or organization may not be signed up to affiliate and partner programs at the same time.

Your first and last name, your email address, company, web-site, other data that you provide in your form. 

Your explicit consent. 

If you are enrolled in our partner or affiliate programs, your personal data will be further processed based on the legal ground of the performance of a contract (for more information please refer above). 

To accept you as an author for our blog

You may write your guest posts for our blog. 

Your name, your email address, web-site, other data that you provide in your form. 

Your explicit consent.  

To send your our newsletter

1) You may subscribe to our newsletter to receive information about news, special offers, digests, latest information on our products and services and other marketing purposes. 

 Your email address. 

Your explicit consent. 

2) Please note that personal data that we process to establish contractual relationship with you may be used for the marketing purposes of our own similar products or services. 

This includes sending newsletter for the persons clearly linked to their organization or company which is our client or partner in the context of the position they hold.

You may unsubscribe from future newsletter in each email that we send you. Your refusal applies to marketing, however, we may still process it for other purposes if we have the necessary legal ground (e.g. performance of the contract with you). 

Personal data that we process to establish and fulfill contractual relationship. 

The legitimate interest based on the balance of interests:

  • Your interest is in discovering similar products that you may be interested in;
  • Our interest is in business development and distribution of our products and services.

To propose you our products and services

We may also collect your personal data from publicly accessible sources and offer you our products and services. 

Your first and last name, your email address, job position.

All the above-mentioned information was collected via online applications, namely, Hunter.io and Snov.io, that process only publicly available online data. Here are the links to their policies with regard to processing of personal data: 

The legitimate interest based on the balance of interests:

  • Your interest is in benefitting from our products and services;
  • Our interest is in attracting new clients. 

For statistics and maintenance purposes

AMASTY is entitled to use some data for its own statistical purposes. Such data is used in an anonymized form and, accordingly, is not to be considered as a personal data. 

When you download and install products, we may collect such data as the date the package was downloaded, installation date (via Composer), list of Amasty Software installed, their version(s), cache settings (page cache type, PHP opcache settings, redis cache type), payment methods and delivery methods settings, and list of domains where the Software is installed.

When you submit authorization details, we may collect such data as the current Magento version and edition, the list of extensions installed.

The legitimate interest based on the balance of interests:

  • Your interest is in benefitting from our products and services;
  • Our interest in improving our products and services.

The clients (including our partners and clients of our partners) while using our products and services may process the personal data of other subjects. For instance, the client (including our partners and clients of our partners) may use our extension on the web-site of his online-store and such extension processes the personal data of the customers (including potential customers) of this online-store. In such a case, the clients (including our partners and clients of our partners) will be obliged to obtain the necessary consent or have the other legal ground for the processing of such personal data.

 

2.3. We do not use automated decision-making and profiling.

Term of personal data processing and place of storage

3.1. We process your personal data for a definite period of time.

3.2. Your personal data collected and processed by us in connection with provision of our services to you or with sale of our products to you pursuant to an agreement concluded between you and us are processed during the period, which is needed for proper fulfillment of our contractual duties and obligations towards you. The authorization details are stored in the system while your support inquiry is being processed and for seven days following its closure, and permanently deleted after the seven days period.

3.3. Your personal data collected and processed by us for the marketing purposes are stored and processed by us for the definite period of time of five years after you provide us with your respective consent.

3.4. Other personal data for the remaining purposes is retained by us for no longer than it is necessary to fulfill the purposes specified in the section “Which personal data do we collect and process” or for a longer period to comply with our legal obligations, resolve disputes, establish and defend legal claims. We regularly (at least once a year) review and de-identify unnecessary data to store it for statistical purposes only.

3.5. Once the term of personal data processing lapses, we delete your personal data from our database and stop processing them.

3.6. We store and process your personal data either within the European Union member states or within other countries as described below. The storage and processing of your personal data within other countries meets the strict conditions of personal data transfer from the member states of the European Union to other countries under the Standard Contractual Clauses adopted by the European Commission.

Third parties and your personal data

4.1. Third parties may have access to your personal data collected and processed by us.

4.2. Your personal data may be made available to following companies which are members of the AMASTY Group (such access is needed in order to provide you with our services and / or our products properly and duly):

  • Transform Agency Spółka z Ograniczoną Odpowiedzialnością, with its registered office at: Aleje Jerozolimskie 89/43, 02-001, Warszawa, Poland, VAT ID: 7011086227,

  • Design Enterprise Limited, with its registered office at: Suite 100, The Studio, St Nicholas Close, Elstree Borehamwood, Hertfordshire WD6 3EW, United Kingdom, Company Identification (registration) Number: 4481350,
  • AmDev LLC [Belarus], with its registered office at: pr. Dzerzhinskogo 104A-1904, 220 116 Minsk, Belarus, Company Identification (registration) Number: 192814386.

All companies which are members of AMASTY Group meet the strict rules of data protection under the GDPR.

4.3. We also engage third-party cookies providers:

These cookies providers use your personal data to better understand users of the Web-site, learn about their preferences, evaluate the effectiveness of our advertising and (or) to provide you advertising that will fit your interests. 

4.4. Furthermore, we may also transfer your personal data to the third parties listed below, but only for the purposes specified by AMASTY, in accordance with the Rules:

Your rights under the GDPR

5.1. You have following rights under the GDPR:

  • The right of access to your personal data meaning that you can receive a copy of the personal data that we hold about you, as well as other supplementary information.
  • The right to rectification of your personal data which is incomplete or inaccurate.
  • The right to erasure of your personal data meaning that you can ask us to delete or remove your personal data in certain circumstances. 
  • The right to restrict processing of your personal data if (a) the accuracy of the personal data is contested by you, (b) the processing is unlawful and you oppose the erasure of the personal data, (c) we no longer need the personal data for the purposes of the processing, but they are required by you for the establishment, exercise or defense of legal claims, and (d) you have objected to processing pending the verification whether the legitimate grounds override this.
  • The right to data portability. Please note that this right only applies to information that we processed based on your consent or contract.
  • The right to object to the processing of your personal data where we are relying on a legitimate interest and there is something about your particular situation that makes you want to object to the processing on this ground. We will no longer process the personal data unless we demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms or for the establishment, exercise or defense of legal claims.
  • If your explicit consent serves the basis for personal data processing, you have the right to recall your consent to process your personal data by at any time. If we have no other grounds for processing your personal data, after you send us a request to withdraw consent, we will stop processing your personal data that we were processing under your consent.
  • Right to lodge a complaint with a supervisory authority if you consider that our processing of your personal data infringes the relevant legislation.

5.2. You may exercise these rights by means of an email sent to our email address or written notice sent to the address of our registered office. We will address your request as early as possible and no longer that within one month. Please note that this period may be extended by two further months where necessary, taking into account the complexity and number of the requests. In this case, we will inform you of the extension within one month of receipt of your request and will explain to you the reasons for the delay.

5.3. Note that if you ask us to delete your personal data, we may retain your personal data as necessary to comply with our legal obligations or resolve disputes.

Cookies

6.1. Cookies are text files placed on your computer’s browser to collect standard internet log information and visitor behavior information. We may create and implement our cookies or cookies from third-party providers (for more information please refer to section “Third persons and your personal data”).

6.2. Some of our cookies are necessary for certain uses of the Web-site. The Web-site cannot function properly without these cookies. We also use cookie for analytical and marketing purposes. This information is used to track visitor use of the website and to compile statistical reports on website activity and the effectiveness of our third-party advertising. Analytical cookies with a 30 days expiration period are also used within our affiliate program to track purchases made with the affiliate link. Other cookies allow you to navigate our Web-site and take full advantage of its capabilities like handling the same visitor session while you browse between pages of the website. For further information visit https://www.aboutcookies.org.

6.3. You can set your browser not to accept cookies and the above website tells you how to remove cookies from your browser. You can also contact us with the request to disable particular categories of cookies.

Age limits

7.1. We do not knowingly collect or solicit personal data about or direct or target personalized advertisements to anyone under the age of 16, or knowingly allow such persons to use the Web-site. If you are under the age of 16, please do not send any personal data to us. If we learn that we have collected personal data about a child under age 16, we will delete that personal data as quickly as possible. If you believe that we might have any personal data from or about a child under the age of 16, please contact us.

Contact us

8.1. Would you have any questions regarding the processing of your personal data by us, do not hesitate to contact us under the email address: [email protected] or by means of a written notice sent to the address of our registered office: Afroditis, 25, Office 208, 1060, Nicosia, Cyprus Clarion Business Centre.

8.2. Be also informed, that since AMASTY is registered under the Cyprus law, the personal data authority overseeing AMASTY regarding the personal data processing is Cyprus Office of The Personal Data Commissioner. In case you have any doubts how we process your personal data, you may contact the Cyprus personal data authority anytime.

The last update of the document was on October 24th, 2022.
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