Updated on November 9, 2022
The privacy of your personal data is important to us. This Policy has the purpose of providing you an overview of the acts of processing of personal data that may be carried out by us through our website available on Touchpoint.com, including processing of personal data via Touchpoint Survey as defined below. The Touchpoint product is developed and the Touchpoint.com website is managed by TextMagic.You are free to determine whether you wish to provide us with your personal data. Processing of data in relation to cookies that we use is described in Touchpoint.com Cookie Policy.
1. General Definitions
2. The Controller of Data Subject’s Personal Data
TextMagic is considered as a Controller in relation to any Data Subjects’ Personal Data collected and Processed via the Touchpoint.com website. This Policy regulates the Personal Data Processing activities which are performed by us, TextMagic.
3. Personal Data
Through Touchpoint.com website, including through the Touchpoint Survey, we Process the following Personal Data about the Data Subject:
(a) Personal Details – full name (surname and given name), e-mail address, your company name, size and industry, job title and other personalized information.
(b) Preference Information – communication tools and features, specification of interests in TextMagic services, including Touchpoint service.
(c) Direct Marketing – request to receive marketing and other information about Touchpoint service.
(d) Cookie Information – Personal Data collected and processed as described in Touchpoint.com Cookie Policy.
4. Sources of Personal Data Collection
We are processing mainly the Personal Data which is submitted to us directly by the Data Subject.
5. Processing Purposes and Legal Ground for Processing
In addition to purposes and legal grounds specified in our Touchpoint.com Cookie Policy, we are Processing the Data Subjects’ Personal Data through (i) Touchpoint Survey and, (i) direct marketing, on the grounds of consent – the Data Subject has granted a consent to the Processing of his Personal Data (GDPR article 6 (1) (a)).
Processing purposes and the legal grounds for the Processing activity are described more specifically below.
6. Automated Decision Making
Automated decision making refers to a decision which is taken solely on the basis of automated Processing of the Data Subject’s Personal Data. This means Processing using, for example, software code or an algorithm, which does not require human intervention.
We do not Process the Data Subject’s Personal Data within the scope of exclusively automated Processing.
7. Transfer of the Personal Data
We may transfer the Data Subject’s Personal Data to third parties, such as:
(a) legal and regulatory authorities;
(b) server hosts who host our servers;
(c) communication service providers who facilitate e-mails, and other communication between us and the Data Subject;
(d) customer support and customer management service providers;
(e) our affiliate. i.e. any company that directly or indirectly controls TextMagic; any company that is directly or indirectly controlled by TextMagic; or any company that is controlled, directly or indirectly, by the ultimate parent company of TextMagic. Control shall mean owning more than fifty percent of the voting rights in a company or otherwise having the power to govern the financial and the operating policies or to appoint the management of a company;
(f) other parties involved in provision of our services and improving and enhancing of our services (accountants, auditors, lawyers, IT systems suppliers and support services providers, advertising, marketing and other outsourcing partners).
We have taken steps to ensure that these data recipients protect the confidentiality and security of Personal Data, and to ensure that Personal Data is Processed only for the provision of service and in compliance with applicable law.
8. Security
We will take appropriate legal, organisational, and technical measures to protect Personal Data consistent with applicable privacy and data security laws. Security measures shall be applied in order to protect Personal Data from involuntary or unauthorized Processing, disclosure or destruction.
Upon transferring Personal Data to third parties, we will apply the following safeguards:
(a) We will enter into a data processing agreement with the relevant third party;
(b) We will make sure that such third party undertakes to implement appropriate technical and organizational measures ensuring the Processing of the Data Subject’s Personal Data in accordance with this Policy and applicable law;
(c) We will make sure that (a) the third party is established in a jurisdiction which the European Commission has recognized as ensuring an adequate level of personal data protection, or (b) the Processing of the Data Subject’s Personal Data is subject to other appropriate safeguards stipulated in the GDPR.
9. Integrity and retention of the Personal Data
We will retain Personal Data for the period required or permitted by applicable law, but no longer than it is reasonably necessary in order to achieve the purposes for which the Personal Data was collected.
We will take reasonable steps to ensure that the Personal Data we Process is reliable for its intended use, accurate, and complete as necessary to carry out the purposes described herein.
10. The Data Subject’s Rights
The Data Subject has the following rights in relation to the Processing of his Personal Data:
(a) Request information – all data protection related information which the Data Subject has right to receive is provided in this Policy.
(b) Right to access – Data Subject has the right to ask us to provide a copy of the Data Subject’s Personal Data which we Process.
(c) Right to Rectification – Data Subject has the right to ask us to rectify Personal Data in case the data is incorrect or incomplete.
(d) Right to Erasure –Data Subject has the right to ask us to erase Personal Data, unless we have obliged to continue Processing the Data Subject’s Personal Data under law or under a contract between the Data Subject and us, or in case we have other lawful grounds for the continued Processing of Personal Data.
(e) Right to Restriction – Data Subject has the right to ask us to restrict the Processing of his Personal Data in case the data is incorrect or incomplete or in case his Personal Data is Processed unlawfully.
(f) Right to Data Portability – Data Subject has the right to ask us to provide the Data Subject or, in case it is technically feasible, a third party, his Personal Data, which the Data Subject has provided to us and which is Processed in accordance with the Data Subject’s consent or a contract between the Data Subject and us.
(g) Right to Object – Data Subject has the right to object to Processing his Personal Data in case there is a reason to believe that we have no lawful grounds for Processing the Personal Data.
(h) Right to withdraw Consent for the Processing of Personal Data – Data Subject is entitled to withdraw the consent granted for the Processing of Personal Data et any time. Withdrawal does not affect the lawfulness of the Processing conducted before the withdrawal. To withdraw your consent, please use contact information provided in Section 12.
(i) Right to File Complaints – Data Subject has the right to file complaints regarding Processing of his Personal Data.
In order to exercise any rights referred herein the Data Subject is required to submit a written application to us (contact details can be find under Section 12). We may decline this application on the grounds stipulated in applicable law, by justifying the reasons for the refusal.
According to the article 12(3) of GDPR, we are obligated to respond to the application within 1 month.
11. Right to Amend this Policy
We are entitled to unilaterally amend this Policy from time to time. Upon amending the Policy, we will notify the Data Subject about the terms by e-mail. In case the new terms refer to Processing of the Data Subject’s Personal Data for any new purpose, which requires the Data Subject’s consent, then we will not Process Personal Data for such new purpose, before it has received respective consent.
12. Contact Information
Should the Data Subject have any questions regarding this Policy or Processing of Personal Data, they are welcome to contact us with requests, inquiries or any complaints via email [email protected]
The Data Protection Officer for TextMagic is attorney-at-law Tambet Toomela. You may contact our Data Protection Officer via e-mail [email protected]
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