1 - Introduction and summary
We are ENSTİTÜ OÜ, a private limited liability company registered in Estonian commercial registry under code 14850305 and having our registered office at Tartu mnt 67/1-13B, 10115 Tallinn, Estonia
We shall only process your personal data if: you have given us consent to do so for one or more specific purposes; you may withdraw your consent at any time; it is necessary for the performance of our contractual obligations towards you; the law requires us to do so; or we have a legitimate interest to do so. This includes processing your data for scientific research purposes, statistical purposes and direct marketing purposes, all of which are subject to additional safeguards.
We will let you know what kinds of data we process about you, and for what purposes and how we process it. This policy will also explain what are your specific rights regarding to your personal data, and how you can exercise those rights. For more information, refer to Article (5) of this policy.
If you have any questions or complaints about this policy or the ways in which we process your personal data, you can contact our Data Protection Officer by email firstname.lastname@example.org.
If you find that your rights have been violated, you can lodge a complaint with the competent supervisory authority (Estonian Data Protection Inspectorate), whose contact details are available from http://www.aki.ee/.
If we revise this policy, we will notify you about it (e.g. via email or when you use the Services again). If you do not agree with the revised policy, you may terminate your user account.
2 - Definitions
"Personal Data" means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person; "your personal data" means personal data relating to you.
"Processing" means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, 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;
"Restriction of processing" means the marking of stored personal data with the aim of limiting their processing in the future;
"Profiling" means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements;
"Pseudonymisation" means the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person;
"Filing system" means any structured set of personal data which are accessible according to specific criteria, whether centralised, decentralised or dispersed on a functional or geographical basis;
"Controller" means 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; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law;
"Processor" means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller;
"Recipient" means a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing;
"Third party" means a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data;
"Consent" of the data subject means any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her;
"Personal data breach" means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data transmitted, stored or otherwise processed;
"Genetic data" means personal data relating to the inherited or acquired genetic characteristics of a natural person which give unique information about the physiology or the health of that natural person and which result, in particular, from an analysis of a biological sample from the natural person in question;
"Biometric data" means personal data resulting from specific technical processing relating to the physical, physiological or behavioural characteristics of a natural person, which allow or confirm the unique identification of that natural person, such as facial images or dactyloscopic data;
"Data concerning health" means personal data related to the physical or mental health of a natural person, including the provision of health care services, which reveal information about his or her health status;
"Main establishment" means:
(a) as regards a controller with establishments in more than one Member State, the place of its central administration in the Union, unless the decisions on the purposes and means of the processing of personal data are taken in another establishment of the controller in the Union and the latter establishment has the power to have such decisions implemented, in which case the establishment having taken such decisions is to be considered to be the main establishment;
(b) as regards a processor with establishments in more than one Member State, the place of its central administration in the Union, or, if the processor has no central administration in the Union, the establishment of the processor in the Union where the main processing activities in the context of the activities of an establishment of the processor take place to the extent that the processor is subject to specific obligations under this Regulation;
"Representative" means a natural or legal person established in the Union who, designated by the controller or processor in writing pursuant to Article 27, represents the controller or processor with regard to their respective obligations under this Regulation;
"Enterprise" means a natural or legal person engaged in an economic activity, irrespective of its legal form, including partnerships or associations regularly engaged in an economic activity;
"Group of undertakings" means a controlling undertaking and its controlled undertakings;
"Binding corporate rules" means personal data protection policies which are adhered to by a controller or processor established on the territory of a Member State for transfers or a set of transfers of personal data to a controller or processor in one or more third countries within a group of undertakings, or group of enterprises engaged in a joint economic activity;
"Supervisory authority" means an independent public authority which is established by a Member State pursuant to Article 51;
"Supervisory authority concerned" means a supervisory authority which is concerned by the processing of personal data because:
(a) the controller or processor is established on the territory of the Member State of that supervisory authority;
(b) data subjects residing in the Member State of that supervisory authority are substantially affected or likely to be substantially affected by the processing; or
(c) a complaint has been lodged with that supervisory authority;
"Cross-border processing" means either:
(a) processing of personal data which takes place in the context of the activities of establishments in more than one Member State of a controller or processor in the Union where the controller or processor is established in more than one Member State; or
(b) processing of personal data which takes place in the context of the activities of a single establishment of a controller or processor in the Union but which substantially affects or is likely to substantially affect data subjects in more than one Member State.
"Relevant and reasoned objection" means an objection to a draft decision as to whether there is an infringement of this Regulation, or whether envisaged action in relation to the controller or processor complies with this Regulation, which clearly demonstrates the significance of the risks posed by the draft decision as regards the fundamental rights and freedoms of data subjects and, where applicable, the free flow of personal data within the Union;
"Information society service" means a service as defined in point (b) of Article 1(1) of Directive (EU) 2015/1535 of the European Parliament and of the Council;
"International organization’ means an organization and its subordinate bodies governed by public international law, or any other body which is set up by, or on the basis of, an agreement between two or more countries.
3 - General provisions
Grounds for processing
We shall only process your personal data if and to the extent that at least one of the following applies:
(a) you have given consent to the processing of your personal data for one or more specific purposes;
(b) processing is necessary for the performance of a contract to which you are party or in order to take steps at your request prior to entering into a contract;
(c) processing is necessary for compliance with a legal obligation to which we are subject;
(d) processing is necessary for the purposes of the legitimate interests pursued by us or by a third party, except where such interests are overridden by your interests or fundamental rights and freedoms which require protection of personal data, in particular where you are a child.
Note that our legitimate interests include processing your data for scientific research purposes and statistical purposes, and for direct marketing purposes. These special cases are covered in Articles 3.6 and 4.8 of this Policy.
2. Conditions for consent
When we request your consent in the context of a written declaration which also concerns other matters, the request for consent shall be presented in a manner which is clearly distinguishable from the other matters.
You shall have the right to withdraw your consent at any time. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal. It shall be as easy to withdraw as to give consent.
If you are a child younger than 16 years, then the consent must be given or authorised by the holder of parental responsibility over you, and we shall make reasonable efforts to verify the identity of the person giving or authorising the consent.
Note that some Member States have reduced this minimum age; however, such reduced minimum is not below 13 years.
Note also that this shall not affect the general contract law of Member States such as the rules on the validity, formation or effect of a contract in relation to a child.
3.3. Processing of special categories of personal data
We shall not process personal data revealing your racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, your genetic data, your biometric data for the purpose of uniquely identifying you, or data concerning your health, sex life or sexual orientation.
Paragraph 1 shall not apply if one of the following applies:
(a) you have given us explicit consent to the processing of those personal data for one or more specified purposes;
(b) processing relates to personal data which you have manifestly made public; or
(c) processing is necessary for the establishment, exercise or defence of legal claims.
3.4. Processing which does not require identification
Where we can to demonstrate that we are not or no longer in a position to identify the data subject, Articles 4.2 to 4.7 shall not apply except where you, for the purpose of exercising your rights under those articles, provide additional information enabling your identification.
3.5. International data transfers
We may transfer your personal data to a controller, processor or recipient in a third country or an international organisation where the Commission has decided, by means of implementing act, that the third country, a territory or one or more specified sectors within that third country, or the international organisation in question ensures an adequate level of protection.
We may also transfer your personal data to a third country or international organisation subject to appropriate safeguards, such as
(a) binding corporate rules approved by the competent supervisory authority;
(b) standard data protection clauses adopted by the Commission; or
(c) contractual clauses between us and the controller, processor or recipient, if authorised by the competent supervisory authority.
We shall only recognise any judgment of court or tribunal or any decision of an administrative authority of a third country requiring us to transfer or disclose personal data if such judgment or decision is based on an international agreement, such as a mutual legal assistance treaty, in force between the requesting third country and th
e Union or a Member State, without prejudice to other grounds for transfer pursuant to this Chapter.
In the absence of an adequacy decision pursuant to paragraph 1 or appropriate safeguards pursuant to paragraph 2, a transfer or a set of transfers of your personal data to a third country or an interational organisation shall take place only on one of the following conditions:
(a) you have explicitly consented to the proposed transfer, after having been informed of the possible risks of such transfers for you due to the absence of an adequacy decision and appropriate safeguards;
(b) the transfer is necessary for the performance of a contract between you and us or the implementation of pre-contractual measures taken at your request;
(c) the transfer is necessary for the conclusion or performance of a contract concluded in your interest between us and another natural or legal person; or
(d) the transfer is necessary for the establishment, exercise or defence of legal claims.
Where a transfer could not be based on a paragraphs 1 to 4, a transfer of personal data to a third country or an international organisation may take place only if the transfer is not repetitive, concerns only a limited number of data subjects, is necessary for the purposes of compelling legitimate interests pursued by us which are not overridden by the interests or rights and freedoms of the data subjects, and we have assessed all the circumstances surrounding the data transfer and have on the basis of that assessment provided suitable safeguards with regard to the protection of personal data. We shall inform the supervisory authority of the transfer. We shall, in addition to providing the information referred to in Article 4.1, inform you of the transfer and on the compelling legitimate interests pursued.
3.6 Scientific research and statistics
Processing for scientific research purposes or statistical purposes shall be subject to appropriate safeguards for your rights and freedoms. Those safeguards shall ensure that technical and organisational measures are in place in particular in order to ensure respect for the principle of data minimisation. Those measures may include pseudonymisation provided that those purposes can be fulfilled in that manner. Where those purposes can be fulfilled by further processing which does not permit or no longer permits the identification of data subjects, those purposes shall be fulfilled in that manner.
(4) Your rights
4.1. Right to be informed
Where we collect or obtain your personal data, we shall provide you with all of the following information:
(a) our identity and contact details;
(b) the contact details of our data protection officer, where applicable;
(c) the purposes of the processing for which the personal data are intended as well as the legal basis for the processing;
(d) where the processing is based on the legitimate interests pursued by us or by a third party, these legitimate interests;
(e) the recipients or categories of recipients of the personal data, if any;
(f) where applicable, the fact that we intend to transfer personal data to a third country or international organisation and the existence or absence of an adequacy decision by the Commission, or in the case of transfers subject to appropriate safeguards, a reference to such safeguards and the means by which to obtain a copy of them or where they have been made available;
(g) the categories of personal data obtained from sources other than you.
In addition to the information referred to in paragraph 1, we shall provide you with the following further information necessary to ensure fair and transparent processing:
(a) the period for which the personal data will be stored, or if that is not possible, the criteria used to determine that period;
(b) the existence of the right to request from us access to and rectification or erasure of personal data or restriction of processing concerning the data subject or to object to processing as well as the right to data portability;
(c) where the processing is based on consent, the existence of the right to withdraw consent at any time, without affecting the lawfulness of processing based on consent before its withdrawal;
(d) the right to lodge a complaint with a supervisory authority;
(e) whether the provision of personal data is a statutory or contractual requirement, or a requirement necessary to enter into a contract, as well as whether you are obliged to provide the personal data and of the possible consequences of failure to provide such data;
(f) the existence of automated decision-making, including profiling, and, in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for you;
(g) unless we collected the data from you, the sources from which it did originate and whether the sources were publicly accessible.
If we collect the data from you, then we shall provide the information referred to in paragraph
s 1 and 2 latest at the time when we obtain the data. Otherwise, we do it:
(a) within a reasonable period after obtaining the personal data, but at the latest within one month, having regard to the specific circumstances in which the personal data are processed;
(b) if the personal data are to be used for communication with the data subject, at the latest at the time of the first communication to that data subject; or
(c) if a disclosure to another recipient is envisaged, at the latest when the personal data are first disclosed.
Where we intend to further process the personal data for a purpose other than that for which the personal data were collected, we shall provide you prior to that further processing with information on that other purpose and with any relevant further information as referred to in paragraph 2.
Paragraphs 1 to 4 shall not apply where and insofar as:
(a) you already have the information;
(b) the provision of such information proves impossible or would involve a disproportionate effort. In such cases we shall take appropriate measures to protect your rights and freedoms and legitimate interests, including making the information publicly available;
(c) obtaining or disclosure is expressly laid down by Union or Member State law to which we are subject and which provides appropriate measures to protect your legitimate interests; or
(d) where the personal data must remain confidential subject to an obligation of professional secrecy regulated by Union or Member State law, including a statutory obligation of secrecy.
4.2. Right of access
You shall have the right to obtain from us confirmation as to whether or not personal data concerning you are being processed, and, where that is the case, access to the personal data and the following information:
(a) the purposes of the processing;
(b) the categories of personal data concerned;
(c) the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations;
(d) where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
(e) the existence of the right to request from us rectification or erasure of personal data or restriction of processing of personal data concerning the data subject or to object to such processing;
(f) the right to lodge a complaint with a supervisory authority;
(g) where the personal data are not collected from you, any available information as to their source;
(h) the existence of automated decision-making, including profiling, and, in those cases, information about the logic involved, as well as the significance and the envisaged consequences of such processing for you.
Where personal data are transferred to a third country or to an international organisation, you shall have the right to be informed of the appropriate safeguards relating to the transfer.
If requested, we shall provide you a copy of your personal data undergoing processing, as long as doing so shall not adversely affect the rights and freedoms of others. For any further copies, we may charge a reasonable fee based on administrative costs.
4.3. Right to rectification
You shall have the right to obtain from us without undue delay the rectification of inaccurate personal data concerning you. Taking into account the purposes of the processing, you shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement.
4.4. Right to erasure
You shall have the right to obtain from us the erasure of your personal data without undue delay and we shall have the obligation to erase personal data without undue delay where one of the following grounds applies:
(a) the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed;
(b) you withdraw consent on which the processing is based, and where there is no other legal ground for the processing;
(c) you object to the processing pursuant to Article 4.8(1) and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Article 4.8(2);
(d) the personal data have been unlawfully processed;
(e) the personal data have to be erased for compliance with a legal obligation in Union or Member State law to which we are subject;
(f) the personal data have been collected in relation to the offer of information society services directly to a child.
Where we have made the personal data public and are obliged pursuant to paragraph 1 to erase the personal data, we, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform other controllers which are processing the personal data that you have requested the erasure by such controllers of any links to, or copy or replication of, those personal data.
Paragraphs 1 and 2
shall not apply to the extent that processing is necessary:
(a) for exercising the right of freedom of expression and information;
(b) for compliance with a legal obligation which requires processing by Union or Member State law to which we are subject;
(c) for scientific research purposes or statistical purposes in so far as the right referred to in paragraph 1 is likely to render impossible or seriously impair the achievement of the objectives of that processing; or
(d) for the establishment, exercise or defence of legal claims.
4.5. Right to restriction of processing
You shall have the right to obtain from us restriction of processing where one of the following applies:
(a) you contest the accuracy of the personal data, for a period enabling us to verify the accuracy of the personal data;
(b) the processing is unlawful and you oppose the erasure of the personal data and request the restriction of their use instead;
(c) we no longer need the personal data for the purposes of the processing, but you require them for the establishment, exercise or defence of legal claims;
(d) you have objected to processing pursuant to Article 4.8(1) pending the verification whether our legitimate grounds override those of you.
Where processing has been restricted under paragraph 1, such personal data shall, with the exception of storage, only be processed with your consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person.
If you have obtained restriction of processing pursuant to paragraph 1, we shall inform you before the restriction of processing is lifted.
4.6. Notification obligation regarding rectification or erasure of personal data or restriction of processing
We shall communicate any rectification or erasure of personal data or restriction of processing carried out in accordance with Article 4.3, Article 4.4(1) and Article 4.5 to each recipient to whom the personal data have been disclosed, unless this proves impossible or involves disproportionate effort. We shall inform you about those recipients if you request it.
4.7. Right to data portability
You shall have the right to receive your personal data, which you have provided to us, in a structured, commonly used and machine-readable format and have the right to transmit those data to another controller without hindrance from us, where:
(a) the processing is based on consent or on a contract;
(b) the processing is carried out by automated means; and
(c) doing so shall not adversely affect the rights and freedoms of others.
In exercising your right to data portability pursuant to paragraph 1, you shall have the right to have the personal data transmitted directly from us to another controller, where technically feasible.
The exercise of the right referred to in paragraph 1 of this Article shall be without prejudice to Article 4.4.
4.8. Right to object
You shall have the right to object, on grounds relating to your particular situation, at any time to processing of your personal data which is based on the legitimate interests pursued by us or by a third party, including profiling based on those provisions. We shall no longer process the personal data unless we demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms or for the establishment, exercise or defence of legal claims.
Where personal data are processed for direct marketing purposes, you shall have the right to object at any time to processing of your personal data for such marketing, which includes profiling to the extent that it is related to such direct marketing.
Where you object to processing for direct marketing purposes, we shall no longer process your personal data for such purposes.
At the latest, at the time of the first communication with you, we shall explicitly bring the right referred to in paragraphs 1 and 2 to your attention, presenting it clearly and separately from any other information.
In the context of information society services, and notwithstanding Directive 2002/58/EC, you may exercise your right to object by automated means using technical specifications.
Where personal data are processed for scientific research purposes or statistical purposes, you, on grounds relating to your particular situation, shall have the right to object to processing personal data concerning you.
4.9. Automated individual decision-making, including profiling
You shall have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you.
Paragraph 1 shall not apply if the decision:
(a) is necessary for entering into, or performance of, a contract between you and us;
(b) is authorized by Union or Member State law to which we are subject and which also lays down suitable measures to safeguard your rights and freedoms and legitimate interests;
(c) is based on your explicit consent.
In the cases referred to in points (a) and (c) of paragraph 2, we shall implement suitable measures to safeguard your rights and freedoms and legitimate interests, at least the right to obtain human intervention on our part, to express your point of view and to contest the decision.
Decisions referred to in paragraph 2 shall not be based on special categories of personal data referred to in Article 3.3(1) unless point (a) of Article 3.3(2) applies and suitable measures to safeguard your rights and freedoms and legitimate interests are in place.
(5) What, Why, and How we process
5.1. Cookies and local storage
You may use your browser’s built-in tools to review, disable, and/or clear the cookies and other locally stored data.
5.2. Your account and service information
We collect, store and process the information you give us to provide you with a tailor-made service. This includes your name, e-mail address, the GeoIP-based location where you signed up for our services, the courses you learn, your learning history, and your payment history.
We also use your e-mail address to send you (a) information about our services, such as upcoming changes or improvements, and (b) one or more newsletters that you can freely subscribe to and unsubscribe from.
You can request the termination of your account from within the IIENSTITU website or mobile apps. Upon termination of your account for whatever reason, we will delete your name and e-mail address from our production databases within seven days. Any backups will be permanently removed after 90 days. After that, we will no longer be able to track any remaining service information back to you. Therefore, this information ceases to be personal data within the meaning of this policy.
5.3. Your payment information
We keep track of the following payment information: user name, e-mail address, product brought, order id, price, currency, VAT information, payment provider, GeoIP location at the time of payments, pricing location, payment status, payment providers transaction id, subscription information to handle future payments. We retain this data for seven years as required by the law.
Our users’ payments are handled by five different payment service providers depending on the user’s platform and region. The information collected and processed varies by each provider as follows:
Apple iTunes - name, e-mail, credit card information, operator billing information if applicable, phone number
Google Play - name, e-mail, credit card information, operator billing information if applicable, phone number
5.4. External processors
Besides payment processing, we also use external processors to analyze the usage of our services, carry out A/B testing of new and improved features and services, and provide technical support to our users. The following list contains the names of such processors, brief descriptions of the processing they do for us, and links to their privacy policies.
iTunes store - Application quality monitoring and automatic error reporting
Google Analytics - tracks users' activities and does demographics analysis
Google Analytics for Firebase - provides acquisition attribution and product usage data
Google Optimize - enables AB testing on the IIENSTITU website
Google Play store - application quality monitoring and automatic error reporting