Privacy Policy

Welcome to Hoodengage Privacy Policy!

Please note that this Privacy Policy applies to personal data that is collected and processed by DEL SYSTEMS DOO, having its registered seat at Dr. Dagise Misovic 163B, 3200 Cacak, Republic of Serbia (“Del Systems”, “we”, “our” or “us”).

Del Systems, as a data controller, collects and processes personal data relating to interactions on the Platform and the Website (as defined in Section “Definitions” of Terms of Use ).

DEL SYSTEMS PROCESSES PERSONAL DATA VIA HOODENGAGE ON BEHALF OF OUR CUSTOMER. THIS MEANS THAT OUR CUSTOMERS ARE DATA CONTROLLERS AND WE ARE DATA PROCESSORS.

This Privacy Policy describes how Del Systems uses and protects any information that you give us.

We believe in full transparency, which is why we keep our Privacy Policy simple and easy to understand.

We strongly urge you to read this Privacy Policy and make sure that you fully understand and agree with it. If you do not agree to this Privacy Policy, please do not access or otherwise use the Website.

Any capitalized but undefined term in this Privacy Policy shall have the meaning given to it in the Sections Definitions of the Terms of Use.

1. DEFINITIONS

What do we mean when we use some word or phrase?

When we say “consent” we mean your explicit consent on the processing of personal data. Persons who are 15 years of age or older may give free consent to the processing of their personal data.

When we say “cookies” we mean small pieces of data stored on your device (computer or mobile device). This information is used to track your use of the Website and to compile statistical reports on website activity. For further information about the use of cookies and how you can manage them, please read our Cookie Policy.

When we say “Data Controller“ we mean the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data.

When we say “Data Processors” or “processor” we mean any natural or legal person who processes the data on behalf of the Data Controller. In some cases, Del Systems is a Data Processor and in others, Data Controller (as further explained in Section 2). In addition, we may use the services of various service providers to process your data more effectively. In such cases, they are either our processors or sub-processors.

When we say “Data Subject” or “you”, “your” we mean any natural person that shares personal data with us via Website.

When we say “GDPR” we mean the General Data Protection Regulation (EU) 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.

When we say “processing” we mean any operation or set of operations which is performed on personal data or sets of personal data. This includes activities 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.

When we say “personal data”, “Data” or “data” we mean any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, either directly or indirectly. Therefore, data about a company or any legal entity is not considered to be personal data but registering on behalf of a legal entity may include sharing personal data. For example, the information in relation to one-person companies may constitute personal data where it allows the identification of a natural person. The rules also apply to all personal data relating to natural persons in the course of professional activity, such as the employees of a company or organization, business e-mail addresses like “[email protected]”. This Privacy Policy does not apply to information from which no individual can reasonably be identified (anonymized information).

2. DATA CONTROLLER OR DATA PROCESSOR

Who is responsible for your Data and how?

When Del Systems acts in the capacity of a Data Controller, Del Systems determines the purposes and means of the processing of personal data. The purpose of data processing is the reason why we process your personal data.

In other situations, Del Systems acts in the capacity of a Data Processor, and the Customer determines the purposes and means of data processing.

In relation to your personal data processed on or via the Website, Platform and the Service, Del Systems may be either a Data Controller or Data Processor.

When Del Systems acts in the capacity of a Data Controller, Del Systems determines the purposes and means of the processing of personal data. The purpose of data processing is the reason why we process your personal data. The table in Section 4.1of this Privacy Policy presents the purposes and legal basis for data processing. In such cases, Del Systems is responsible for your personal data.

Apart from Section 4.2, this Privacy Policy primarily contains information on processing your data in the capacity of a Data Controller. Should you have any inquiries, or you wish to exercise any of the rights of a Data Subject stipulated in Section 10, please contact us:

Del Systems d.o.o. Dr. Dagise Misovic 163B 3200 Cacak Republic of Serbia Email: [email protected]

By using the Service, you may disclose, share, record, or otherwise use various types of data via a Platform as the User Content. The type of User Content is determined by the Customer and not by us. The extent to which personal data is processed while using the Service also depends on the Hoodengage functionalities that the Customer decides to use. In that event, Del Systems is a Data Processor and Data Controller is the Customer. Thus, Del Systems does not analyze, disclose or access such data unless a User (including a User who is a legal entity) sends a request for support and, in these cases, the access is limited to enabling the functioning of the Service.

Given that Del Systems strongly supports the principle of transparency of personal data processing, despite being a Data Processor, Del Systems made an additional effort to explain personal data processing via the Service in Section 4.2 of this Privacy Policy. The information contained therein outlines how personal data processing via Hoodengage functions in general. Nevertheless, should you wish to send an inquiry or exercise any of your Data Subject’s rights which you may have under the applicable data protection legislation to Customer, please contact the Customer as Data Controller.

Please also note that we do not collect or process your personal data if you are an End User of Hoodengage. In that case, Customer is responsible for your personal data.

If you represent a User that falls under the scope of application of the GDPR or similar data protection legislation, you may sign the Data Protection Addendum to this Terms of Use (“DPA”), with Del Systems as a Data Processor based outside the EEA. The DPA includes the Standard Contractual Clauses adopted by the European Commission, as applicable, and reflects the Parties’ agreement with respect to the terms governing the processing of personal data under the Hoodengage’s Terms of Use. Signing the DPA will be considered as an amendment to the Agreement (within the meaning of Section “Definitions” of the Terms of Use) and will be considered to form a part of the Agreement.

If would like to sign a DPA with us, please contact us at [email protected] for more information.

3. WHAT DATA WE COLLECT AND WHEN

We may collect and receive information about you in various ways:

(i) Information you provide through the use of the Service (for example, by creating the account on Hoodengage);

(ii) Information you decide to provide through getting in touch with us via [email protected];

(iii)Information we collect through the use of cookies in accordance with our Cookie Policy.

4. PERSONAL DATA WE PROCESS

If we act as Data Controller, it means that we determine the purpose of the processing of your personal data. We will ensure that processing is limited to what is necessary for the purposes for which the data is collected.

4.1 Del Systems as Data Controller

If we process your personal data on behalf of our Customer, we act as Data Processor. The Customer determines the purpose of such processing and is completely liable for your Data.

4.2 Del Systems as Data Processor

As previously stated, concerning your personal data processed on or via the Service, Del Systems is a Data Processor and the Customer is the Data Controller. Del Systems processes personal data following instructions from the Data Controller and under the Terms of Use and DPA (if any). The purpose of such personal data processing is management of advertising where the Customer may follow the use of funds designated for advertising and get a report of campaigns performance. Del Systems is As a processor, Del Systems is permitted to collect, use, disclose and/or otherwise process your personal data only following the instructions of the Customer.

As a processor, Del Systems is permitted to collect, use, disclose and/or otherwise process your personal data only following the instructions of the Customer.

1. Processing prior to using the Service

The Customer shares your email address to enable you to access the Service. The Customer may assign you tasks and projects if you are a member of Customer’s team. If you have any questions regarding the legal basis for such personal data processing, please contact the Customer who invited you to the Service.

2. Processing during the usage of the Service

If you decide to accept the invitation to use the Service, you will be required to create an account. To create the User Account, you will need to share your email address and password. You manage personal data you share via your account such as name and surname and contact details (phone, mobile, email, sip and Skype details).

In the course of the use of the Service we may process system usage data, IP address, your budget, type of finance and period, campaign you work on, navigational data including website usage information such as interactions with Hoodengage, and other electronic data submitted, stored, sent, or received by the Data Controller via the Service.

Del Systems does not undertake analysis of any special categories of personal data (including racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic or biometric data, health data, sex life or sexual orientation) and Hoodengage functionalities are not meant to be used for the processing of any such personal data. However, if you decide to provide such personal data to us or Data Controller via the Service, you will be deemed to have consented to such processing of the data.

For more information on who may access personal data, please see here.

5. WHAT WE DO NOT DO?

We will ensure that your Data is processed lawfully, and we will never use the Data in any manner that is not described under this Privacy Policy.

Del Systems will never:

• Sell any kind of personal information or data,
• Disclose this information to marketers or third parties not specified in Section 7,
• Process your data in any way other than stated in this Privacy Policy.

6. PERSONAL DATA SECURITY

We will take all adequate measures to protect your Data.

We take administrative, technical, organizational and other measures to ensure the appropriate level of security of personal data we process. Upon assessing whether a measure is adequate and which level of security is appropriate, we consider the nature of the personal data we are processing and the nature of the processing operations we perform, the risks to which you are exposed by our processing activities, the costs of the implementation of security measures and other relevant matters in the particular circumstances.

Some of the measures we apply include access authorization control, information classification (and handling thereof), protection of integrity and confidentiality, data backup, firewalls, data encryption and other appropriate measures. We equip our staff with the appropriate knowledge and understanding of the importance and confidentiality of your personal data security.

7. WITH WHOM DO WE SHARE YOUR PERSONAL DATA?

We may share your Data with our service providers. This section provides information about the parties whose services we use in executing our customers’ data processing instructions and/or for certain of our own data processing purposes.

Dal Systems utilizes external processors for certain processing activities. We use information audits to identify, categorize and record all personal data that is processed outside the company, so that the information, processing activity, processor and legal basis are all recorded, reviewed and easily accessible. We have strict due diligence procedures and measures in place and review, assess and background check all processors prior to forming a business relationship. We obtain company documents, certifications, references and ensure that the processor is adequate, appropriate and effective for the task we are employing them for. We audit their processes and activities prior to contract and during the contract period to ensure compliance with the data protection regulations and review any codes of conduct that oblige them to confirm compliance. This is the list of processors and sub-processors with whom we share your personal data:

We may also share your personal data with our outside accountants, legal counsels, and auditors. Please keep in mind that, subject to your instructions to us while using the Service, your data may be shared with third parties in the following situations:

• If you invite another User to join the Platform;
• If you invite a non-user to join Ocamba;

8. INTERNATIONAL TRANSFER OF YOUR PERSONAL DATA

If we transfer your personal data outside your territory, we will transfer them only to the countries that ensure an adequate level of protection or by applying the appropriate safeguard measures.

We may transfer your personal data to countries other than the one you reside in. Given that we follow internal rules for the protection of personal data that are stricter than the applicable law (see Section 15.11 of the Terms of Use ), in these cases, we transfer your personal data only:

We may transfer your personal data to countries other than the one you reside in. Given that we follow internal rules for the protection of personal data that are stricter than the applicable law (see Section 15.11 of the Terms of Use), in these cases, we transfer your personal data only:

1. To the countries within the EEA;
2. To the countries which ensure an adequate level of protection;

To the countries which do not belong to those specified under item 1 and 2, but only by applying the appropriate safeguard measures.

9. HOW LONG DO WE KEEP YOUR DATA?

We retain the Data in accordance with the applicable law to provide the Service and for legitimate and lawful purposes.

The period for which we store your personal data depends on a particular purpose for the processing of personal data, as explained in detail in Section 4. We retain personal data for as long as we reasonably require it for legal or business purposes. In determining data retention periods, we take into consideration the applicable law (see Section 15.10. of the Terms of Use ), contractual obligations, and the expectations and requirements of our Users. When we no longer need personal information, or when you request us to delete your information, where this is legal, we will securely delete or destroy it.

The period for which we store your personal data depends on a particular purpose for the processing of personal data, as explained in detail in Section 4 We retain personal data for as long as we reasonably require it for legal or business purposes. In determining data retention periods, we take into consideration the applicable law (see Section 15.10. of the Terms of Use ), contractual obligations, and the expectations and requirements of our Users. When we no longer need personal information, or when you request us to delete your information, where this is legal, we will securely delete or destroy it.

However, as an exception to the retention periods in Section 4 the data may be processed to determine, pursue or defend claims and counterclaims.

10. YOUR RIGHTS

If we process your personal data, we will enable you to exercise any right you have when Del Systems is Data Controller.

When Del Systems is Data Processor, we are obliged to notify the Customer (Data Controller) before responding to such a request.

Given that transparency is one of our cornerstone principles, we grant Data Subjects certain rights in relation to their personal data. These rights may be exercised by Data Subject when Del Systems operates as a Data Controller.

If your inquiry or exercise of any of the Data Subject’s rights relates to the data on the Platform processed as explained in Section 4.2 of the Privacy Policy, please contact the Customer via which your personal data has been processed.

In the event Del Systems receives a request for exercising any of these rights directly from a Data Subject, we are obliged to notify the Customer before responding to such a request.

Right of Access

At any time, you can request access to your personally identifiable information.

You can send us a request for a copy of the personal data we hold about you.

We have ensured that appropriate measures have been taken to provide such in a concise, transparent, intelligible and easily accessible form, using clear and plain language. Such information is provided in writing free of charge. It may be provided by other means when authorized by the Data Subject and with prior verification as to the subject’s identity.

Information is provided to the Data Subject at the earliest convenience, but at a maximum of 30 days from the date the request was received. Where the retrieval or provision of information is particularly complex or is subject to a valid delay, the period may be extended by two further months where necessary.

Right of Correction of Your Personal Data

At any time, you can request that we correct a record of your personal information, if you believe it is inaccurate or incomplete.

If the personal data we have about you is incorrect, you have the right to request that we correct those data. Where notified of inaccurate data by the Data Subject, we will rectify the error within 30 days and inform any third party of the rectification if we have disclosed the personal data in question to them.

Right to Erasure

Unless processing of your data is necessary, you have the right to request from us to erase your personal data.

You have the right to request from us that your personal data is deleted in certain circumstances including:

• The personal data are no longer needed for the purpose for which they were collected;
• You withdraw your consent (where the processing was based on consent);
• You object to the processing and no overriding legitimate grounds are justifying us processing the personal data;
• The personal data have been unlawfully processed; or
• To comply with a legal obligation.

However, this right does not apply where, for example, the processing is necessary:

• To comply with a legal obligation; or
• For the establishment, exercise or defense of legal claims.

Right to Restriction of Processing

If you believe the processing is unlawful, but you do not want us to erase your personal data, you have the right to request a restriction of processing under certain circumstances.

If the accuracy of the personal data is contested, you consider the processing is unlawful, but you do not want it erased, we no longer need the personal data but you require it for the establishment, exercise or defense of legal claims or you have objected to the processing and verification, you can exercise your right to the restriction of processing.

Right to Data Portability

You have the right to obtain and reuse your personal data for your own purposes.

Where you have provided personal data to us, you have the right to receive such personal data back in a structured, commonly used and machine- readable format, and to have those data transmitted to a third-party Data Controller without hindrance but in each case only where:

• The processing is carried out by automated means; and
• The processing is based on your consent or the performance of a contract with you.

Right to Withdraw the Consent

At any time, contact us if you want to withdraw your consent to the processing of your personal data. Exercising this right will not affect the lawfulness of processing based on consent before its withdrawal.

If you have provided your consent to the collection, processing and transfer of your personal data, you have the right to fully or partly withdraw your consent. Once we have received notification that you have withdrawn your consent, we will no longer process your information for the purpose(s) to which you originally consented unless there is another legal ground for the processing.

Right to Lodge a Complaint

Contact us at [email protected] for any complaint.

If you have any concerns or requests in relation to your personal data, please contact us at [email protected] and we will respond as soon as possible but not later than within 30 days.

11. CHANGES TO PRIVACY POLICY

We will update our Policy from time to time after giving proper notice.

We reserve the right to change Privacy Policy from time to time at our sole discretion. If we make any changes, we will publish the new rules on this web page and, if we have your email, we will notify you directly.

Where you have previously consented to our Privacy Policy, your continued use of the Website after we make changes is deemed to be acceptance of the updated rules.

Effective as of 20.4.2023.