GENERAL DATA PROTECTION POLICY
The owner of this website and its operator is Bearning, s.r.o., with its registered office at Bottova 2A, 811 09 Bratislava - Staré Mesto, ID No.: 36 755 222, VAT ID No.: SK2022356138, registered in the Commercial Register of the District Court Bratislava I, Section: Sro, Insert No.: 45160/B (hereinafter referred to as "Bearning").
Bearning is also the controller of your personal data. Your privacy on the Bearning website is very important to us and we are committed to protecting it.
Personal data processing principles
When processing personal data, Bearning is guided by the following principles:
1. the principle of lawfulness (we process personal data only on the basis of the reasonable legal grounds set out in these terms and conditions),
2. the principle of transparency (through these terms and conditions you are informed about the conditions for processing personal data and how your requests to exercise your rights in relation to the protection of personal data are handled),
3. the purpose limitation principle (we only process personal data for the explicit purpose set out in these terms and conditions),
4. the data minimisation principle (we process personal data to the extent necessary to achieve the specific purpose set out in these terms and conditions for processing personal data),
5. the principle of accuracy of personal data (we only process personal data that is correct and updated by you)
6. the principle of minimum retention (we only process personal data for as long as necessary to achieve the purpose)
7. the principle of integrity and confidentiality (we guarantee the security of personal data)
8. the principle of accountability (Bearning is able to demonstrate compliance with the personal data processing principles to the competent authorities)
Legal basis for disclosure of personal data
Bearning processes personal data solely on the basis of the following legal grounds:
1. Processing of personal data which is necessary for the performance of the service contract concluded between Bearning and you, which also includes pre-contractual negotiations, the actual conclusion of the service contract and the performance of the service contract, and which is related to:
- registration on the Bearning website,
- ordering the service on the Bearning website,
- making payments for ordered services,
- sending invoices, statements and payment reminders,
- enabling the provision of services purchased through the Bearning website,
- verifying that the use of the Bearning website complies with the terms and conditions governing the use of the Bearning website
- sending explicitly requested email notifications and sending non-commercial communications,
- sending you an email newsletter if you have requested one (you may notify us at any time if you do not require a newsletter),
- handling complaints, including resolving queries and complaints about the Bearning website
2. Processing of personal data that is necessary for the purposes of Bearning's legitimate interests, namely for direct marketing communication with current customers. You can unsubscribe from marketing communications at any time in your user account.
3. Consent of the data subject in the case of:
- marketing communication with persons who are not Bearning customers and
- registering on Bearning's website without having entered into a service contract,
- using the Bearning website without a service contract,
- providing optional personal data.
Your privacy settings may be used to restrict the disclosure of your personal information on the Bearning website and the settings may be adjusted using the privacy controls.
Personal data we process about you
Bearning obtains personal data directly from you as the data subject. Bearning uses the personal data collected only for the specific purposes set out in this policy.
If you are interested in the services provided on the Bearning website, for the proper performance of the service contract, we necessarily need personal data from you, as indicated in the order form marked as mandatory, namely:
- email address,
- name and surname and
- address.
Other optional personal data provided in the order form is only processed by Bearning if you voluntarily provide it to us. These optional personal data are:
- phone number,
- payment card information
For the duration of the service contract, Bearning processes your personal data about:
- the results of the tests taken,
- training received and
- certificates obtained.
When using the Bearning website, Bearning also automatically processes:
- online identifiers (information about your computer, browser type, operating system version, IP address, cookies),
- other electronic identifiers (operational-location data about your geographical location),
- information about your visits to and use of Bearning's website, including the source, length of visit, page views, and website navigation paths;
- the information you enter when you register on the Bearning website,
- information you voluntarily enter when you create and use your account on the Bearning website (e.g., your first and last name, email, phone number, profile pictures, etc.);
- Information that is generated when you use the Bearning website, including when, how often and under what circumstances you use it;
- information contained in any communication you send to us by email or through the Bearning Websites, including the content of the communication and related data;
For marketing purposes, Bearning processes your e-mail address.
Correctness and timeliness of personal data
Bearning only processes personal data that you voluntarily provide to us. Bearning ensures the immutability (correctness) of the personal data provided in this way. In the event that personal data is changed, Bearning has no way of knowing this circumstance other than from you, so please inform us of this change without delay. To change your personal data, please primarily use the form in your user account. Otherwise, please use the contact email address below and Bearning will ensure that your personal information is updated.
Retention period of personal data
The personal data provided to Bearning is only kept for as long as necessary to fulfil the purpose stated in the section "Legal basis for the provision of personal data":
1. in the case of a legal basis for processing personal data that is necessary for the performance of a service contract, for the duration of the contract, at least until all rights and obligations under the service contract have been settled. Bearning is obliged to archive the personal data contained in tax documents (invoices) for the period prescribed by the relevant legislation.
2. in the case of a legal basis for the processing of personal data that is necessary for the purposes of Bearning's legitimate interests for direct marketing communications for the duration of the service contract or until you object to such processing.
3. in the case of the legal basis of the data subject's consent, the period of processing of the personal data until the withdrawal of the consent delivered to Bearning.
Bearning complies with the legal obligations regarding the storage and deletion of personal data. Personal data processed by Bearning for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.
Disclosure of personal data to third parties
Bearning may disclose your personal data to third parties to the extent that we are required to do so by generally applicable law or in order to defend our rights and legitimate interests, in particular before courts or other public authorities (e.g. law firms, auditors, tax advisors, accountants whose services Bearning uses). In other cases, we will not disclose your personal data to any third party without your explicit consent.
Security of personal data
Bearning takes reasonable technical and organizational measures to prevent the loss, misuse or alteration of your personal data. We store all personal information you provide on secure servers (password protected, anti-virus software and firewall). All electronic financial transactions through the Bearning website are protected by encryption technology.
By accepting this policy, you acknowledge that the transmission of information over the Internet is inherently insecure and Bearning cannot guarantee the security of data sent over the Internet.
By accepting this policy, you agree to keep the password you use to access your account on the Bearning website confidential. Bearning will not ask you for your password (except when you are logging into the Bearning website).
The Bearning website contains hyperlinks and details of third-party websites. Bearning has no control over, and is not responsible for, the privacy policies or practices of third parties.
International data transfers
If you are not a Bearning e-learning user, Bearning will only process personal data in the territory of the Slovak Republic and Bearning will not transfer personal data to third countries or international organizations.
If you are a Bearning e-learning user, the following rules apply to international data transfers:
- Bearning uses a platform from Thinkific Labs, Inc., 369 Terminal Ave, Vancouver, British Columbia, V6A 4C4, Canada ("Thinkific") to provide certain services, which will process your personal data for the purposes of the service agreement under a contract between Bearning and that company. Due to the fact that the said company is based in Canada, there will be an international transfer of your personal data to Canada. Please be advised that the European Commission issued an adequacy decision on December 20, 2001 under No. 2002/2/EC, in which it found that Canada provides an adequate level of protection for personal data transferred from the European Union. Therefore, no specific authorization is required for such a transfer.
- Thinkific's current privacy policy can be found on the following websites: https://www.thinkific.com/privacy-policy/, https://www.thinkific.com/dpa/ and https://www.thinkific.com/cookies-policy/.
- We would like to inform you that Thinkific transfers personal data to other companies for some services. An up-to-date list of these companies can always be found on Thinkific's website: https://www.thinkific.com/thinkificsubprocessors/. Among the countries to which some personal data is transferred for some services is the United States of America (USA). The USA does not guarantee an adequate level of protection for your personal data (for further information, please refer to the judgment of the Court of Justice of the European Union in case C-311/18 of 16.07.2020). You are therefore exposed to data protection risks when transferring your data to the USA due to the absence of an adequacy decision by the European Commission and the absence of adequate safeguards. We therefore request your specific, concrete and informed consent before using Bearning's services on the Thinkific platform and therefore before the actual data transfer.
Your rights in relation to the protection of personal data
If Bearning processes your personal data, you have the following rights as a data subject under Regulation (EU) No 2016/679 of the European Parliament and of the Council of 27 April 2016 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 ("GDPR"):
1. the right of access to personal data:
- Upon your request, Bearning will issue you with a confirmation as to whether your personal data concerning you is being processed and, if so, you have the right to obtain access to such personal data and information:
i. the purpose of the processing of personal data,
ii. the categories of personal data,
iii. the persons to whom the personal data have been or will be disclosed,
iv. the period for which the personal data are intended to be retained or the criteria for determining it,
v. the existence of a right to rectification, erasure or restriction of processing, or the right to object to such processing,
vi. the right to lodge a complaint with a supervisory authority,
vii. of any available information about the source if the personal data was not obtained directly from you,
viii. the existence of automated decision-making, including profiling.
- Upon your request, Bearning will provide you with a copy of the personal data being processed. Bearning may charge a reasonable fee for any additional copies you request, commensurate with its administrative costs.
- Bearning may require proof of your identity (e.g. a notarized copy of your ID or passport) for the purpose of verifying your identity in order to prevent the misuse of your personal data by disclosing it to a third party.
2. the right to rectification of personal data concerning you. The rectification will be carried out without undue delay at your request,
3. the right to erasure of personal data ('right to be forgotten') if:
- the personal data are no longer necessary for the purposes for which they were collected or otherwise processed,
- you withdraw the consent on the basis of which the processing is carried out and there is no other legal basis for processing,
- you object to the processing of personal data and there are no overriding legitimate grounds for processing the personal data,
- the personal data have been unlawfully processed,
- the personal data must be erased in order to comply with a legal obligation to which Bearning is subject,
4. the right to restrict the processing of personal data if:
- you challenge the accuracy of the personal data during the period when Bearning can verify the accuracy of the personal data,
- the processing of the personal data is unlawful, and you object to the erasure of the personal data and instead request a restriction on its use,
- Bearning no longer needs the personal data for processing purposes, but you need it to establish, exercise or defend your legal claims,
- you have objected to the processing of personal data, pending verification that the legitimate grounds on Bearning's side outweigh your legitimate grounds.
5. the right to data transferability. In this context, you have the right to obtain the personal data concerning you that you have provided to Bearning in a structured, commonly used and machine-readable format, and you have the right to transfer that data to another controller without Bearning preventing you if:
- the processing of personal data is based on consent or on a contractual basis; and
- the processing is carried out by automated means.
6. the right to object to the processing of personal data. You may object at any time to the processing of personal data concerning you, including objecting to the processing of personal data for direct marketing purposes.
Procedure for dealing with requests in relation to the protection of personal data
Please address your requests regarding personal data protection to the following e-mail address: [email protected] or by post to Bottova 2A, 811 09 Bratislava - Staré Mesto, Slovakia. Bearning will process your request within 1 month of receipt. This deadline may be extended by a further two months if necessary, taking into account the complexity of the application and the number of pending applications. Bearning shall notify any extension of the time limit for processing the application within 1 month of receipt of the application, together with the reasons for the delay.
Changes
Bearning may update this Policy by publishing a new version on its website. We will notify you of changes to this policy by email or through private messaging on the Bearning website system.
Cookies
Cookies are considered personal data only insofar as they are part of a chain of other data relating to a specific natural person on the basis of which the natural person can be identified.
Further information about the use of cookies on the Bearning website:
- What are cookies?
A web cookie is a small file of data sent from a website and stored on the user's computer by the user's web browser while the user is browsing the site. Cookies were designed to be a reliable mechanism for websites to remember status information or to record a user's browsing activity. Cookies can be "persistent" or "temporary".
Most web browsers allow some control of cookies through browser settings. To learn more about cookies, including how to tell which cookies have been set and how to manage and delete them, visit www.allaboutcookies.org
- How Bearning uses web cookies?
Bearning uses or may use web cookies to help identify visitors to our site and to determine the specific features users choose to use. To the extent that cookie data constitutes personal data, we process this data based on your consent.
Bearning collects standard information and details from activity logs by using cookies. Cookies enable us to provide you with a better and more efficient service, and to tailor our website to your specific needs and requirements.
- What are your options regarding cookies?
If you wish to delete cookies or instruct your web browser to remove or reject cookies, please do so directly in your web browser.
If you delete cookies or do not accept them, you may not be able to use some of our website services. You may not be able to log in, save your preferences, and some parts of our site may not display properly.