Version February 28, 2019
1. TERMS AND DEFINITIONS
For the purposes of complying with GDPR, the following terms are subject to application:
1.1. "You", "Your" and "User" refer to you, the person visiting and using the Service of Nekki Limited, including the software of the Service downloaded on Your personal computer.
1.3. “Cookies” means small text files, located in browser directories. They are used to help Users navigate through Services efficiently and perform certain functions of the Services.
1.4. “GDPR” means General Data Protection Regulation of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons regarding the processing of personal data.
1.5. The term “information” includes personal data of data subjects.
1.6. “Personal data” means any information relating to an identified or identifiable natural person (‘data subject’); 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.
1.7. When We use the term "personal information" or “personal data” in this Policy, it can include an individual's first and last name, e-mail address, the name of his or her employer, his/her position as an employee, and the information about his/her employer’s activities. The terms "personal information" and “personal data” are synonyms.
1.8. “Processing of the personal data” or “Processing” 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, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
1.9. “Controller” means Nekki Limited, the legal entity that determines the purposes and means of the processing of personal data.
1.11. “Service” means the software “Cascadeur” and the website https://cascadeur.com
2. GENERAL PROVISIONS
2.2. The controller of Your personal data is Nekki Limited. Nekki Limited is a company incorporated in Cyprus.
2.3. When You use Our Service, We process the following categories of personal information about You:
a) User’s first and family name and the role in the legal entity for purposes of which the Service is used;
b) User’s e-mail;
c) The information about legal entity requiring access to the Service and for purposes of which the Service is used;
d) The information about software platform used by You to utilize the Service (iOS, Microsoft, etc.); and the version of said software;
e) The information about the actions of User during the Service utilization;
f) The information about animation created by You during the use of the Service, including the information about animated characters created by You through the use of the Service.
2.4. We process only personal data that You share with Us and We do not receive any of Your personal information from third parties.
2.5. We process Your personal data under the consent given by You. The consent to process Your personal data is deemed given by You if You put a tick in the “I agree to the processing of my personal data” box that will appear before You start using the Service.
2.7. We do not process personal information that relates to special categories of personal data as specified in Art.9 GDPR. If such information accidentally falls into our possession, We will immediately delete it and use any other reasonable measures to prevent the disclosure of such information to third parties.
3. THE PURPOSES OF PROCESSING
3.1. We collect and process your personal data for the following purposes:
a) to fulfill a contract or take steps linked with formation of a contract on provision of the Service.
b) to provide You with access to the Service and make sure that You can use all the features of the Service;
c) to enable You to download the software of the Service;
d) to administer, support, improve, and develop the Service and the Service software;
e) to provide You with information about Service updates and development, including software updates;
f) to promote the Service, its software and related products in the market;
g) to increase the popularity of the Service and its software among specialists;
h) to analyse your use and measure effectiveness of the Service;
i) to contact You about the Service or to send You other content We think may be of interest to You.
3.2. We collect your personal information on the basis of:
a) Contract performance: to provide access to the Service;
b) Your consent: to promote the Service and communicate with You;
c) Legitimate interest: to develop and improve the Service.
4. USE OF YOUR PERSONAL DATA
4.1. We deem confidential any of your personal data. Nevertheless, we can disclose Your personal data in cases stipulated in GDPR. In particular, to public authorities.
4.2. We also guarantee that employees of Nekki Limited that deal with Your personal data are under confidentiality and non-disclosure of personal data agreements.
4.3. We use the services of some processors in order to process your personal data:
a) Amazon AWS;
b) Mobilnie Igri LLC (“Mobile Games” LLC);
c) Selectel LLC.
4.4. These processors store Your personal data on their servers and provide Nekki Limited with other services of support systems for Our Service.
4.5. They process Your personal data in accordance with the terms of the written contracts concluded between Nekki Limited and the processors. These contracts provide that the processors shall process and use Your personal data only to the extent provided in the contract. The terms of the contracts do not violate the processors’ obligations established in Art.28 GDPR and Your rights as a personal data subject.
5. DATA SECURITY AND DATA RETENTION
5.1. We employ reasonable security measures to protect Your information from access by unauthorized persons and against unlawful processing, accidental loss, destruction and damage. In particular, we do the following:
a) Support and timely update the actual version of the operating system and software that are used for processing Your personal data;
b) Secure Your personal data against unauthorized access from third parties by application of Secure Shell (SSH) cryptographic network protocol with use of login and password;
c) Apply antivirus software protecting Your personal data against unauthorized access, collection, transmission, and distortion;
d) Other effective solutions.
5.2. We may update the list of such measures from time to time, provided that such updates and modifications do not result in the degradation of the overall security of personal data processing.
5.4. After the purposes of storing and using Your personal data are satisfied, the personal data can be stored and processed after this moment for archiving purposes, scientific or historical research purposes or statistical purposes, including machine learning. Also, we will process those personal data which are needed to comply with the requirements of applicable laws (e.g. tax and accounting requirements) or for our detection, investigation and prevention of unlawful use of Our Service, including its software.
5.6. You also need to understand that after deletion of Your personal data the information that You have shared with other Service users will remain visible. We do not control copying of such information by other Service users and its publication at third parties Internet resources.
6. YOUR RIGHTS
6.1. You as the data subject have the following rights relating to the processing of Your personal data:
a) Right of access (right to obtain from Nekki Limited as the controller confirmation as to whether Your personal data are being processed and other information concerning Your personal data, including information about the purposes of processing, the categories of processed personal data, the categories of recipients of Your personal data, the period of personal data storage, the existence of automated decision-making, including profiling, in respect of Your personal data);
b) Right to lodge a complaint with a supervisory authority (a supervisory authority is a state authority in your country which supervises the compliance with GDPR by legal and natural persons that process personal data of data subjects);
c) Right to rectification (right to the rectification of inaccurate personal data concerning You);
d) Right to erasure (right to obtain the erasure of personal data concerning You);
e) Right to restriction of processing (right to obtain from Nekki Limited as the controller restriction of processing on the legal grounds provided in Art.18 GDPR (for example, when the accuracy of the personal data is contested by You or We no longer need the personal data for the purposes of the processing);
f) Right to data portability (the right to receive the personal data concerning You, which You have provided to Nekki Limited as the controller, in a structured, commonly used and machine-readable format, and the right to transmit those data to another controller without hindrance from Nekki Limited to which the personal data have been provided);
g) Right to object (right to object at any time, on grounds relating to Your particular situation, to processing of personal data concerning You, including the right to object at any time to processing of personal data concerning You for marketing purposes);
h) Right not to be subject to a decision based solely on automated processing, including profiling;
i) Right to file the request or complaint to Nekki Limited as the controller of Your personal data.
j) Right to withdraw Your consent for personal data processing.
7. DATA TRANSFER
7.1. We may transfer your personal information across national borders to other countries in compliance with applicable laws.
7.2. We can transfer your personal information to some organizations which are located outside the European Economic Area (EEA) and the United Kingdom and/or Switzerland, namely, Russia.
7.3. Where We transfer your personal information to the country which is not within the EEA and is not subject to an adequacy decision by the EU Commission, we rely on one or more of the following legal mechanisms: EU-U.S. Privacy Shield, Swiss-U.S. Privacy Shield, European Commission approved Standard Contractual Clauses, and your consent in certain circumstances.
7.4. We ask you about your consent for data transfer to the country, which is not subject to an adequacy decision by the EU Commission. You should know, that such transfer has some risks for your personal data. For example, data breach at the territory of such country.
8. CONTACT DETAILS AND OTHER TERMS
a) E-mail: email@example.com;
b) Address: 116, Gladstonos str, M. Kyprianou house; 3rd&4th floors, 3032, Limassol, Cyprus.
8.2. For questions or complaints about processing Your personal data, please contact Our Data Protection Officer (DPO): firstname.lastname@example.org.
8.3. You may contact Our DPO in order to enforce Your rights or receive additional information concerning processing of Your personal data. Our DPO performs its functions on behalf of the whole Nekki Limited group of companies.