Welcome to Hobbynes and our Platform at www.hobbynes.com. This GDPR Compliance Statement sits in line with our Privacy Policy, is supplemental and applies to all European Union and United Kingdom Citizens that are using our Platform and online services (our “Services”). Accordingly, Hobbynes proceeds with all data processing procedures (e.g., collection, processing, and transmission) as set out in Regulation (EU) 2016/679 (General Data Protection Regulation) and the UK's Data Protection Act (both collectively the “GDPR”).

Nothing in this Statement is intended to contradict or limit the applicability of the information provided in our Privacy Policy.

The following provides you, as set out in Art. 13 GDPR, with an overview of the type of data collected and how it is used and passed on, the security measures we take to protect your data and how you can exercise your rights.

The Controller

The responsible entity according to Art. 24 GDPR is Hobbynes Tech LLP of 601 Bestech Park View Sanskruti Sector 92, Gurgaon, Gurgaon, Haryana, India, 122001(“Hobbynes”, “we”, “our”, “us”).

Contact

You may contact us using [email protected] if you:

 

• have any questions about this Policy Statement,
• wish to file a complaint about a possible violation of data protection laws,
• have any requests related to your rights, and
• wish to access, correct incomplete, inaccurate or outdated data.

Please note that deletion of information essential to account management and services may result in termination of services provided to you.

We will make every effort to respond to your requests in the shortest possible time, and always in strict compliance with applicable law. In some cases, requests for deletion may not be honoured immediately, due to a legal obligation.

Your Rights

First of all, we would like to inform you about your rights as a data subject. These rights are standardised in Art. 15 - 22 GDPR and include:

• the right to information (Art. 15 GDPR),
• the right to erasure (Art. 17 GDPR),
• the right to rectification (Art. 16 GDPR),
• the right to data portability (Art. 20 GDPR),
• the right to restriction of data processing (Art. 18 GDPR),
• the right to object to data processing (Art. 21 GDPR).

 

To assert these rights, please contact us.

You also have the right to lodge a complaint with a data protection supervisory authority. While India does not currently operate a data protection supervisory authority, you may in accordance with Article 77(1) GDPR complain to your local Data Protection Supervisory Authority. We would, however, appreciate the chance to deal with your concerns in the first instance.

Legal Bases for Processing

The processing of your Personal Data may be based on the following legal grounds:

• Art. 6 (1) lit. a) GDPR serves as our legal basis for processing operations where we obtain your consent for a specific processing purpose.
• Art. 6 (1) lit. b) GDPR, insofar as the processing of Personal Data is necessary for the performance of a contract. The same applies to such processing operations that are necessary for the performance of pre-contractual measures, for example in the case of enquiries about our products or services.
• Art. 6 (1) lit. c) GDPR, insofar as we are subject to a legal obligation that requires the processing of Personal Data, such as for the fulfilment of tax obligations.
• Art. 6 (1) lit. f) GDPR applies on the basis of our legitimate interests, e.g., when using service providers for example for statistical surveys and analyses and logging registration procedures. Our interest is directed towards the use of a user-friendly, appealing, and secure presentation as well as optimization of our services, which serves our business interests as well as meeting your expectations.

 

Duration of Storage and Routine Deletion of Personal Data

We process and store your Personal Data only for the period of time required to fulfil the purpose of storage or if this has been provided for, in laws or regulations for up to 7 years. After the purpose has ceased to exist or has been fulfilled, your Personal Data will be deleted or blocked.

In the case of blocking, deletion will take place as soon as legal, statutory, or contractual retention periods do not conflict with this, there is no reason to assume that deletion would impair your interests worthy of protection and deletion would not cause a disproportionately high expense due to the special nature of the storage.

Automatically Collected Data

The hosting services used for the purpose of operating our Platform is Bluehost (Newfold Digital Inc). In doing so Bluehost processes all data and communication data of our customers, interested parties and visitors of our Platform and services that are provided through our Platform. We use Bluehost, on the basis of our legitimate interests (Article 6 (1) lit. f) GDPR) in an efficient and secure provision of our Platform and services in conjunction with the provision of contractual services and the conclusion of the contract for our services.

Each time you visit our Platform, a number of general data and information is transmitted - even if you use our Platform for purely informational purposes. Bluehost collects the general data and information that your browser transmits to my website's server. This data and information are collected are technically necessary for the display our Platform to you and that serve the stability, security and danger or threat prevention in the event of attacks on my website, such as:

• IP address
• date and time of an access to our Platform
• type and version of browser used
• operating system used and its interface
• our Platform from which an accessing system arrives at my website (so-called referrer)
• sub-websites that are accessed via an accessing system on my website,
• Internet service provider of the accessing system.

 

This data is deleted after the storage is no longer necessary for error analysis or danger or threat prevention. The legal basis for this data processing is Article 6 (1) lit. b) GDPR, as the collection and storage of this data is necessary for the operation of our Platform in order to ensure the functionality of our Platform and to deliver the content of our Platform correctly.

Cookies

What cookies are?

On our Platform we use so-called "cookies". Cookies are small text files that are stored in the memory of your device via your browser. Cookies store certain information (e.g., your preferred language or page settings) which can be sent back to us by your browser when you visit our Platform again (depending on the lifetime of the cookie).

Which cookies do we use?

We distinguish between two categories of cookies:

 

• Essential or Necessary cookies. These cookies are essential or necessary to ensure that a website works properly and is secure so that you can navigate a website and use its features. Without these cookies, certain features of a website would not function, and thus you would not be able to use certain services.

 

• Optional cookies. These cookies are non-essential for our Platform to function and require your consent. When it comes to optional cookies the following distinctions are made:

 

• Functional cookies or sometimes called convenience cookies. These cookies allow a website to remember the options a user has made (including user ID`s stored, consents given, or languages selected) and other personalisation options you have selected when browsing.

 

• Analysis and performance cookies, which are used to monitor and improve the function and service of a website. Those can track down problems when using a website, facilitate online surveys, record visitor numbers, and provide analytics metrics.

 

• Advertising cookies or targeting cookies. They are used to deliver customised advertising to the user. This can be very convenient, but also very irritating.

 

The Privacy and Electronic Communications Directive (“PECD”), requires us to ask for your consent when using specific cookies (in particular any cookie that is not strictly necessary for the operation of our Platform, for example, Functional cookies, Analysis and performance cookies and Advertising cookies or targeting cookies “Optional cookies”).

Further and as the GDPR also requires a legal basis for the use of personal data in relation to cookies, the use of cookies would then be your consent as well as our legitimate interest.

For further information on the use of cookies on our Platform, please refer to our Cookie Policy.

Contractual Relationship

In order to establish or implement the contractual relationship with our users, it is regularly necessary to process the personal master data and contract data provided to us. The legal basis for this processing is Art. 6 (1) lit. b) GDPR.

We also process customer and prospect data for evaluation and marketing purposes. This processing is carried out on the legal basis of Article 6 (1) lit. f) GDPR and serves our interest in further developing our offer and informing you specifically about our offers.

Further data processing may take place if you have consented (Article 6 (1) lit. f) GDPR) or if this serves the fulfilment of a legal obligation (Art. 6 (1) lit. c) GDPR).

Commercial and Business Services

We process information of our contractual and business partners, e.g., tutors, teachers, users and interested parties in the context of contractual and comparable legal relationships as well as related measures and in the context of communication with contractual partners (or pre-contractual), e.g., to answer enquiries.

We process this information to fulfil our contractual obligations, to secure our rights and for the purposes of the administrative tasks associated with this information as well as for business organisation. We only disclose the information of our contractual partners to third parties within the scope of the applicable law to the extent that this is necessary for the aforementioned purposes or for the fulfilment of legal obligations or with the consent of the contractual partners (e.g., auxiliary services as well as subcontractors, banks, tax and legal advisers or tax authorities).

Unless otherwise specified the purposes of processing are Contractual performance and service, contact requests and communication, office and organisational procedures, administration, and response to requests, visit action evaluation, interest-based and behavioural marketing. And the Legal bases are Art. 6 (1) lit. b) GDPR, Art. 6 (1) lit. c) GDPR, and Art. 6 (1) lit. f) GDPR.

Administration, Financial Accounting, Office Organization, Contact Management

We process data in the context of administrative tasks as well as organisation of our operations, financial accounting and compliance with legal obligations, such as archiving. In this regard, we process the same data that we process in the course of providing our contractual services. The processing bases are Article 6 (1) lit. c) GDPR, Article 6 (1) lit. f) GDPR. Users, interested parties, business partners and website visitors are affected by the processing. The purpose and our interest in the processing lies in the administration, financial accounting, office organisation, archiving of data, i.e., tasks that serve the maintenance of our business activities, performance of our tasks and provision of our services. The deletion of data with regard to contractual services and contractual communication corresponds to the data mentioned in these processing activities. In this context, we disclose or transfer data to the tax authorities, consultants, such as tax advisors or auditors, as well as other fee offices.

Information processing for the purpose of fraud prevention and optimization

Where applicable, we provide our service providers with further information, which they use together with the information necessary for fraud prevention and optimization of our processes This serves to protect our legitimate interests Article 6 (1) lit. f) GDPR in our protection against fraud or in efficient risk management, which outweigh our interests in the context of a balancing of interests.

Technical services

We process the data of our users and clients in order to enable them to select, purchase or commission the selected services as well as associated activities or to execute or provide them. The required information is identified as such in the context of the service provision, or comparable contract conclusion.

Unless otherwise specified the purposes of processing are Contractual performance and service, contact requests and communication, office and organisational procedures, administration, and response to requests, visit action evaluation, interest-based and behavioural marketing. And, the Legal bases are Contractual performance and pre-contractual inquiries, Legal obligation, and our Legitimate interests. Art. 6 (1) lit. b) GDPR, Art. 6 (1) lit. c) GDPR, and Art. 6 (1) lit. f) GDPR.

Online Payments

If you pay through our website your payment data will be processed via our payment service provider Stripe. Payment data will solely be processed through Stripe, and we have no access to any Payment Data you may submit. The legal basis for the provision of a payment system is the establishment and implementation of the user contract for the use of the service Art. 6 (1) lit. b) GDPR.

Exercising our rights

Based on Art. 6 (1) lit. c) and Art. 6 (1) lit. f) GDPR, we use and store your Personal Data and technical information to the extent necessary to prevent or prosecute misuse or other illegal behaviour on our Platform, e.g., to maintain data security in the event of attacks on our IT systems. This also takes place insofar as we are legally obliged to do so, for example due to official or court orders, and for the exercise of our rights and claims as well as for legal defence.

Enquiries

When contacting us the Personal Data transmitted will be stored and processed exclusively for the purpose of answering the enquiry. The legal basis for the processing is Art. 6 (1) lit. f.) GDPR or Art. 6 (1) lit. b) GDPR if the enquiry is aimed at concluding a contract. The data will be deleted when the purpose of the processing no longer applies, e.g., the enquiry has been conclusively answered. You can object to the processing of your Personal Data at any time by contacting us.

Use of customer data for direct marketing purposes

If you have provided us with your email address when using our Services, we reserve the right to regularly send you email offers for similar services. We do not need to obtain your separate consent for this. In this respect, the data processing is carried out solely on the basis of our legitimate interest Art. 6 (1) lit. f.) GDPR in personalised direct advertising. If you have initially objected to the use of your e-mail address for this purpose, we will not send you any e-mails.

You are entitled to object to the use of your e-mail address for the aforementioned advertising purpose at any time with effect for the future by notifying the responsible person named at the beginning. After receipt of your objection, the use of your e-mail address for advertising purposes will cease immediately. If you wish to object to the data analysis for statistical evaluation purposes, you must unsubscribe from the marketing.

Disclosure of Personal Data to third parties

Your Personal Data will only be passed on if there is a legal obligation to do so or to service providers and partner companies that have been carefully selected in advance and are contractually obliged to comply with the requirements of data protection law.

a) Disclosure to service providers according to Art. 6 (1) lit. b) and f) GDPR

For the operation and optimization of our Platform and our services and for the processing of contracts, various service companies work for us, e.g., for IT services or the hosting of our Platform, to whom we pass on the data required for the fulfilment of the task.

These companies act for us by way of commissioned processing and may therefore use the data provided exclusively in accordance with our instructions. In this case, we are legally responsible for appropriate data protection precautions at the companies we commission. We therefore agree on specific data security measures with these companies and monitor them regularly.

b) Disclosure to other third parties pursuant to Art. 6 (1) lit. c) and f) GDPR

We will disclose your data to third parties or government agencies within the framework of existing data protection laws if we are legally obliged to do so, e.g., due to official or court orders, or if we are entitled to do so, e.g., because this is necessary for the prosecution of criminal offences or for the exercise and enforcement of our rights and claims.

Data transfer to third countries

We take additional measures to ensure an adequate level of data protection for the transfer of Personal Data in accordance with Art. 44 of the GDPR and thus ensure that the transfer is generally permissible and that the special requirements for a transfer to a third country are met (e.g., by concluding EU standard contracts and additional guarantees, supplementary technical and organisational measures such as encryption or anonymization).

General Technical Organisational Measures

We have taken a variety of security measures to protect Personal Data to an appropriate extent and adequately. All information held by us is protected by physical, technical, and procedural measures that limit access to the information to specifically authorised persons in accordance with our Privacy Policy and this Statement.

Our Platform is using Hypertext transfer protocol secure (HTTPS), which is the primary protocol used to send data between a web browser and a website. HTTPS is encrypted in order to increase security of data transfer.

In addition, only employees who need the information to perform a specific job are granted access to Personal Data. These employees are trained in security and privacy practices and treat your information confidentially.

Validity and questions

This Policy Statement was last updated on Monday, 02nd October 2023, and is the current and valid version. However, we want to point out that from time to time due to actual or legal changes a revision to this Policy Statement may be necessary.

If you have any questions about this policy or our data protection practices, please contact us using [email protected].