POLICY FOR USE AND PROTECTION OF INFORMATION & USE OF COOKIES

ON THE WEBSITE SEEMELISSA.COM AND ON THE MOBILE APPLICATION M MELISSA CLIMATE (Policy)

 

Provision of any information or content by a User is voluntary and subject to the Terms & Conditions, an integral part of which the present Policy for Use and Protection of Information & Use of Cookies is (hereinafter referred to as the Policy). All terms used herein in capital letter shall have the meaning as defined in the Terms of Use.

 

1. What information do we collect, how and for what purposes do we use it?

 

1.1. User Information

 

Melissa Climate shall be entitled to collect, use, store and process information about the Users. The information by which the User can be identified may include name, electronic mail address, phone number, bank accounts, location (address), IP address and geolocation data (when the function Geolocation ON / OFF is activated), etc., as well as any other information the User has voluntary entered or provided when using the Services on the Website/the App.

 

In the registration form filled in by the User when concluding the contract Melissa Climate clearly indicates the mandatory or the voluntary nature of provision of data and the consequences of refusal for such provision. By agreeing with the Terms of Use and the present Policy the User agrees that the User information may be processed as provided therein.

 

Provision of personal data identified as mandatory for provision in the electronic registration form on the App is necessary for the User's registration and therefore for the Users access to the Services which require registration. Provision of personal data identified as mandatory for purchase of Device on the Website is necessary for the Device purchase and delivery process. Activation of the function Geolocation ON/ OFF on the App and provision of personal data on the geolocation of the User is necessary to allow identification of Users location and use of all functionalities available on the App. Their non-providing is an obstacle for the successful completion of the registration/purchase process, on the use of all functionalities of the App or a ground for termination of the contract by Melissa Climate as provided in the Terms of Use.

 

Beyond the above information, Melissa Climate has the right (but not the obligation) to automatically save certain information that a Users end device (mobile phone, tablet or other) sends to the Melissa Climates Servers in connection with the Users activity. The information shall be stored in log files on Melissa Climates Servers and may include information about Webpages on the Website visited by the User, websites that have forwarded the User to the Website, websites visited by the User through Links on the Website and or on the App, date and time of these visits, the Users IP address, the type of Internet browser the User uses, the type of the Users end device, data for the type of end device being used, the type of operation system used by the end device, the settings in the App made by the User, geolocation of the User, etc. This information is not connected to the information that identifies the individual User and shall be used for impersonal research and tracking of the Users behaviour, habits and interests, analysis of the effectiveness and improving the quality of Services, and for statistical purposes. This information can be processed and stored by Melissa Climate in a personalized form together with other information about the User, provided by the User during the registration, the purchase of Device or use of the Services. In addition, Melissa Climate collects log files (date, time and respectively source - IP addresses) when required by applicable law, as well as log files and any other information necessary to reproduce electronic statements made by the User when using the Services (for example acceptance of the Terms of Use, etc.) and for identification of the User in the event of a dispute.

 

1.2. Publicly accessible content. User Content

 

The User Content (containing or not personal data), which the User publishes on the Website/on the App is publicly-accessible through the Website/the App.

 

For the avoidance of any doubt, Melissa Climate does not have any purpose to collect, use, preserve or process in any other way personal data or any other information which is subject to special protection according to the existing legislation through the User Content published on the Website/the App, nor does it follow the existence of such information on it. Posting any personal data or other information which User Content may contain, or in any other way, when the User uses the Services it is entirely at their own risk and responsibility. By accepting the Terms of Use and the present Policy, the User declares that he/she is informed, accepts and agrees that all information (including personal data) published by the User on the Website/the App will be publicly accessible for every User of the Website or of the App, as well as for the third persons to whom Melissa Climate provides access to this content or information according to what is foreseen in the Terms of Use and in the present Policy. The User also declares and guarantees that when publishing any other information on the Website/the App, he or she does not violate the rights of any third persons in relation to their personal data or any other personal rights, including that he or she has already received their consent for such publishing (as far as such is necessary according to the existing legislation).

 

Melissa Climate collects and uses the information under Para 1.1 for the purposes stipulated in the Terms of Use and in the present Policy such as providing the Services, ensuring the Users access and control on his/her User Account, fulfilment of its legal obligations, exercising and protecting of the legally protected rights and legal interests of the User or of Melissa Climate, the offering of goods and/or new services, offered by third persons, for promotions, surveys and for statistical purposes.

 

1.3. Services connected to third parties

 

In certain Webpages of the Website share button may be visualized for sharing or recommending the User Content or information accessible on the Website with other specified websites. By using such button, the User agrees and at his/her own discretion personally presents the User Content (including any possible personal or other information that may be contained therein) to be shared with the other websites. When third parties are using such share button the User shall be considered informed that he/she shares his/her User Content with other third parties that are not under the control of Melisa Climate and that may be located and may perform their activities outside the Republic of Bulgaria, or even outside the EU and the EEA. The present Policy shall not apply to the User Content thus shared by the User, and respectively the collection, storage, protection and processing of such information shall be subject to the terms and conditions of those other websites.

 

1.4. Cookies

 

Melissa Climate has the right (but not the obligation) to install on the Users computer or other end device (mobile phone, tablet or other) cookies small text files which are preserved on a webpage through Internet Server on the Users hard drive and give the opportunity to recover information about the User as they identify the websites/webpages used by his or her end device and/or browser. Cookies can also be installed by third parties in order to advertise goods and services.

 

When providing the services Melissa Climate preserves information and receives access to the information saved on the Users end device and processes it in order to:

           secure the Users normal and quality access to the Services with all their functional possibilities;

           check for the presence of scripts, software applications and settings of the Users end device necessary for the normal access and use of the Services and notify him or her about the lack of them;

           trace and prevent multi-accounting (registration and use of many User Accounts by the same person) and malicious actions;

           visualize and non-visualize elements from the Website of from the App which have specific requirements compatible or non-compatible with certain features, qualities or options of the Users end device (for example: screen width, resolution and others);

           adjust the Services and secure automatic showing or hiding of different elements of the Website or of the App in accordance with the Users preferences and settings (for example: to retain language chosen by the User in order to be set as default language, etc.);

           advertise and research of the Users preferences.

 

The cookies used by Melissa Climate do not preserve information (personal data) which enables the identification of the User as an individual.

 

The User has the right at any time to reject the preserving and/or the access to the information saved on the end device used by the User.

 

The prohibition and/or the erasing of cookies by the User can lead to full or partial impossibility of the User to access the Website or the App and/or the Services, to change or remove the previously set by the User preferences on the Website or the App and/or to considerably worsen the quality of the Services for which Melissa Climate does not take responsibility.

 

The User has the right at any time to receive information from Melissa Climate about the data preserved on his/her end device by sending a question to Melissa Climate on the following electronic mail address: hi@seemelissa.com.

 

Melissa Climate uses two types of cookies temporary (which are erased from the Users terminal device memory when the User closes the Internet browser) and permanent (which are being kept on the Users end device until he or she erases them). The permanent cookies can be removed by the User following the instructions of the Internet browser used. The cookies used by Melissa Climate contain an identification number which helps in the identification of the User.

 

Cookies can be installed also by third persons in order to advertise goods and services which may be of interest to the User at the time of his or her visit on the Website/the App and other websites and mobile applications visited by him or her, to report website trends and statistics, etc. Melissa Climate does not have access to or control over the use of these cookies. These cookies also collect information about the way of usage of the Website and of the App, such as which website redirected to the Website or the App, which Webpages the User visited on the Website, information about the Users visits on other websites but do not collect information such as names, electronic mail addresses, other information concerning contacts or other personal data which could give the opportunity to a third person to identify the User and get into contact with him or her.

 

The following third parties providing advertising, web-analytics and online measurement services use cookies through the Website and the App:

        Google Adwords. For further details on the cookies set by Google visit Google website;

        Google Analytics. For further details on the cookies set by Google Analytics visit Google Developers website;

        Facebook. For further details on the cookies set by Facebook visit Facebook website.

 

2. Whom do we share your information with?

 

2.1. Public content

 

Melissa Climate has the right to distribute and provide the publicly-accessible content on the Website and on the App, including any posts, comments, other User Content, etc. published by the User, to persons related to Melissa Climate, its business partners and any other third persons, and the Users understands and agrees that those third persons might publish that content on their websites or media platforms.

 

2.2. Persons who process the data on behalf of Melissa Climate (Data Processors)

 

In order to perform technical support and administration on the Website and of the App and in the processing of the information for statistic and marketing purposes, when performing tests and probes on the work of the Website and of the App, when making payments and using other services related to the Website or the App, personal data and other information about the User can be revealed to and processed by third persons to which Melissa Climate has assigned the performance of particular services connected to the Website or the App. This data will be revealed and respectively processed only to the extent and volume necessary for performing the assigned work. Accordingly, those third persons will act as data processors on behalf of Melissa Climate. Those persons will be obliged to process the data only and solely under the strict instructions of Melissa Climate and will not have the right to use or process in any other way the personal data of the Users for other purposes, except for the purposes specified in the Terms of Use and the present Policy.

 

2.3. Direct marketing

 

With the acceptance of the Terms of Use and the present Policy the User agrees with the processing of his/her personal data for the purposes of direct marketing. The User has the right at any time to object to the subsequent processing of his or her personal data for the purposes of direct marketing, by sending a written notice to Melissa Climate to the specified contact address or electronic mail address. The User has the right to be informed before revealing his/her personal data to third person for the first time or using it on their behalf for the purposes of direct marketing and to be given an opportunity to object to such reveal and use.

 

With the acceptance of the Terms of Use and the present Policy the User declares that he/she has been informed and has expressed his/her consent for his/her personal data to be provided and revealed by Melissa Climate to other data controllers for the purposes of marketing and advertising on the territory of the Republic of Bulgaria and in countries out of the European Union, when in compliance with the provisions of the Bulgarian Personal Data Protection Act. The User has the right at any time to withdraw his or her consent for the subsequent provision of his personal data to third persons in the manner described previously in the present article.

 

2.4. Revealing personal data

 

Melissa Climate undertakes not to reveal any personal data and other User information or about his or her use of the Services and not to reveal the collected data to third persons authorities, companies, individuals and other, except:

 

2.4.1. when this is stipulated in this Policy or in the Terms of Use or when the User has given his explicit consent in the moment of the registration or later;

 

2.4.2. when this is necessary for the execution of a legal obligation of Melissa Climate;

 

2.4.3. when the information has been required by state authorities, judicial authorities or officials, which according to the existing law are competent to require and collect such information in accordance to the legal procedures and rules;

 

2.4.4. when the revealing of personal data by Melissa Climate is necessary for protection of the rights, legal interests and reputation of Melissa Climate, related to Melissa Climate persons or the Users;

 

2.4.5. when the information is revealed to employees or subcontractors of Melissa Climate for activities related to administration of the Website or of the App and to the use of the Services;

 

2.4.6. in other cases specified by law.

 

2.5. Survival Clause

 

The provisions of this Section 2 shall survive termination of the contract between Melissa Climate and the User.

 

3. How we secure your information? What rights do you have?

 

3.1. Policy concerning people less than 14 years of age

 

The Website and the App are not targeted to people less than 14 years of age. Melissa Climate does not aim to collect and process personal data concerning people less than 14 years of age. In case an under 14-year-old person has submitted his or her personal data without the consent of his/her parents and/or custodians, the latter should inform Melissa Climate immediately.

 

3.2. Security

 

Melissa Climate takes the due care for collecting, preserving and processing the personal data of the Users in compliance with Bulgarian Personal Data Protection Act. Melissa Climate takes the due care and is responsible for the protection of the Users personal data obtained during the provision of the Services, subject to the Terms of Use unless in cases of Force Major Events or Malicious Actions of third persons and in cases when the User himself or herself has made this information accessible to third persons.

 

3.3. Rights concerning the personal data

 

Except for the above, accepting the Terms of Use and the present Policy the User confirms that he or she is familiar with the rights provided by the Bulgarian Personal Data Protection Act including, but not only:

 

3.3.1. right of access to his or her personal data processed by Melissa Climate;

3.3.2. right to correct and update his or her personal data processed by Melissa Climate;

3.3.3. right to ask for his or her personal data to be deleted, corrected or blocked when it is not processed in accordance with the applicable law;

3.3.4. right to require Melissa Climate to inform the third persons to whom it has revealed the personal data about any obliteration, correction or blocking of the data except for the cases when it is not possible or it is connected with excessive effort by Melissa Climate.

 

Each Registered User can correct and update his/her personal data, preserved by Melissa Climate, through his/her User Account. The User can exercise his or her rights in this article by sending a written demand to Melissa Climate. The User can exercise his/her rights concerning his or her data himself or herself or by an authorized person (with a notary certified power of attorney).

 

 

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