This Policy sets out the obligations of Magicware l.t.d., a company registered as number 62576836 in Czech
republic and with its registered office at Krohova 2212, 160 00 Prague (“the Company”) regarding data
protection and the rights of its customers, prospective customers, suppliers and website and information
system users (“data subjects”) in respect of their personal data under EU Regulation 2016/679 General Data
Protection Regulation (“GDPR”).
The GDPR defines “personal data” as any information relating to an identified or identifiable natural person (a
“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.
This Policy sets the Company’s obligations regarding the collection, processing, transfer, storage, and disposal
of personal data. The procedures and principles set out herein must be followed at all times by the Company,
its employees, agents, contractors, or other parties working on behalf of the Company.
The Company is committed not only to the letter of the law, but also to the spirit of the law and places high
importance on the correct, lawful, and fair handling of all personal data, respecting the legal rights, privacy, and
trust of all individuals with whom it deals.
2. The Data Protection Principles
This Policy aims to ensure compliance with the GDPR. The GDPR sets out the following principles with which
any party handling personal data must comply. All personal data must be:
2.1 Processed lawfully, fairly, and in a transparent manner in relation to the data subject.
2.2 Collected for specified, explicit, and legitimate purposes and not further processed in a manner
that is incompatible with those purposes. Further processing for archiving purposes in the public interest,
scientific or historical research purposes or statistical purposes shall not be considered to be incompatible with
the initial purposes.
2.3 Adequate, relevant, and limited to what is necessary in relation to the purposes for which it is
2.4 Accurate and, where necessary, kept up to date. Every reasonable step must be taken to ensure
that personal data that is inaccurate, having regard to the purposes for which it is processed, is erased, or
rectified without delay.
2.5 Kept in a form which permits identification of data subjects for no longer than is necessary for
the purposes for which the personal data is processed. Personal data may be stored for longer periods where
the personal data will be processed solely for archiving purposes in the public interest, scientific or historical
research purposes, or statistical purposes, subject to implementation of the appropriate technical and
organisational measures required by the GDPR in order to safeguard the rights and freedoms of the data
2.6 Processed in a manner which ensures appropriate security of the personal data, including
protection against unauthorised or unlawful processing and against accidental loss, destruction, or damage,
using appropriate technical or organisational measures.
3. The Rights of Data Subjects
The GDPR sets out the following rights applicable to data subjects (please refer to the parts of this policy
indicated for further details):
3.1 The right to be informed (Part 12).
3.2 The right of access (Part 13);
3.3 The right to rectification (Part 14);
3.4 The right to erasure (also known as the ‘right to be forgotten’) (Part 15);
3.5 The right to restrict processing (Part 16);
3.6 The right to data portability (Part 17);
3.7 The right to object (Part 18); and
3.8 Rights with respect to automated decision-making and profiling (Parts 19 and 20).
4. Lawful, Fair, and Transparent Data Processing
4.1 The GDPR seeks to ensure that personal data is processed lawfully, fairly, and transparently,
without adversely affecting the rights of the data subject. The GDPR states that processing of personal data
shall be lawful if at least one of the following applies:
4.1.1 The data subject has given consent to the processing of his or her personal data for one or more
4.1.2 The processing is necessary for the performance of a contract to which the data subject is party, or if
required in order to take steps requested by the data subject before both parties enter into a contract;
4.1.3 The processing is necessary for compliance with a legal obligation to which the data controller is
4.1.4 The processing is necessary to protect the vital interests of the data subject or of another natural
4.1.5 The processing is necessary for the performance of a task carried out in the public interest or in the
exercise of official authority vested in the data controller; or
4.1.6 The processing is necessary for the purposes of the legitimate interests pursued by the data
controller or by a third party, except where such interests are overridden by the fundamental rights and
freedoms of the data subject which require protection of personal data, in particular where the data subject is
4.2 If the personal data in question is “special category data” (also known as “sensitive personal
data”) (for example, data concerning the data subject’s race, ethnicity, politics, religion, trade union
membership, genetics, biometrics (if used for ID purposes), health, sex life, or sexual orientation), at least one
of the following conditions must be met:
4.2.1 The data subject has given his or her explicit consent to the processing of such data for one or more
specified purposes (unless EU or EU Member State law prohibits such consent);
4.2.2 The processing is necessary for the purpose of carrying out the obligations and exercising specific
rights of the data controller or of the data subject in the field of employment, social security, and social
protection law insofar as it is authorised by EU or EU Member State law or a collective agreement pursuant to
EU Member State law which provides for appropriate safeguards for the fundamental rights and interests of
the data subject;
4.2.3 The processing is necessary to protect the vital interests of the data subject or of another natural
person where the data subject is physically or legally incapable of giving consent;
4.2.4 The data controller is a foundation, association, or other non-profit body with a political,
philosophical, religious, or trade union aim, and the processing is carried out in the course of its legitimate
activities, provided that the processing relates solely to the members or former members of that body or to
persons who have regular contact with it in connection with its purposes and that the personal data is not
disclosed outside the body without the consent of the data subjects;
4.2.5 The processing relates to personal data which is clearly made public by the data subject;
4.2.6 The processing is necessary for the conduct of legal claims or whenever courts are acting in their
4.2.7 The processing is necessary for substantial public interest reasons, on the basis of EU or EU Member
State law which shall be proportionate to the aim pursued, shall respect the essence of the right to data
protection, and shall provide for suitable and specific measures to safeguard the fundamental rights and
interests of the data subject;
4.2.8 The processing is necessary for the purposes of preventative or occupational medicine, for the
assessment of the working capacity of an employee, for medical diagnosis, for the provision of health or social
care or treatment, or the management of health or social care systems or services on the basis of EU or EU
Member State law or pursuant to a contract with a health professional, subject to the conditions and
safeguards referred to in Article 9(3) of the GDPR;
4.2.9 The processing is necessary for public interest reasons in the area of public health, for example,
protecting against serious cross-border threats to health or ensuring high standards of quality and safety of
health care and of medicinal products or medical devices, on the basis of EU or EU Member State law which
provides for suitable and specific measures to safeguard the rights and freedoms of the data subject (in
particular, professional secrecy); or
4.2.10 The processing is necessary for archiving purposes in the public interest, scientific or historical
research purposes, or statistical purposes in accordance with Article 89(1) of the GDPR based on EU or EU
Member State law which shall be proportionate to the aim pursued, respect the essence of the right to data
protection, and provide for suitable and specific measures to safeguard the fundamental rights and the
interests of the data subject.
5. Specified, Explicit, and Legitimate Purposes
5.1 The Company collects and processes the personal data of this Policy. This includes:
5.1.1 Personal data collected directly from data subjects; and
5.1.2 Personal data obtained from third parties.
5.2 The Company only collects, processes, and holds personal data for the specific purposes (or for
other purposes expressly permitted by the GDPR).
5.3 Data subjects are kept informed at all times of the purpose or purposes for which the Company
uses their personal data. Please refer to Part 12 for more information on keeping data subjects informed.
6. Adequate, Relevant, and Limited Data Processing
The Company will only collect and process personal data for and to the extent necessary for the specific
purpose or purposes of which data subjects have been informed (or will be informed) as under Part 5.
7. Accuracy of Data and Keeping Data Up-to-Date
7.1 The Company shall ensure that all the personal data that it collects, processes and holds is kept
accurate and up-to-date. This includes, but is not limited to, the rectification of personal data at the request of
a data subject, as set out in Part 14.
7.2 The accuracy of personal data shall be checked when it is collected and at regular intervals
thereafter. If any personal data is found to be inaccurate or out-of-date then all reasonable steps will be taken
without delay to amend or erase that data as appropriate.
8. Data Retention
8.1 The Company shall not keep personal data for any longer than is for the purpose or purposes for
which that personal data was originally collected, held, and processed.
8.2 When personal data is no longer required, all reasonable steps will be taken to erase or
otherwise dispose of it without delay.
8.3 For full details of the Company’s approach to data retention, including retention periods for
specific personal data types held by the Company, please refer to our Data Retention Policy.
9. Secure Processing
The Company shall ensure that all personal data collected, held, and processed is kept secure and protected
against unauthorised or unlawful processing and against accidental loss, destruction, or damage. Further
details of the technical and organisational measures which shall be taken are provided in Parts 21 to 26 of this
10. Accountability and Record-Keeping
10.1 Data Compliance Manager in accordance can be contacted on firstname.lastname@example.org,
10.2 The Data Compliance Manager shall be responsible for overseeing the implementation of this
Policy and for monitoring compliance with this Policy, the Company’s other data protection-related policies,
and with the GDPR and other applicable data protection legislation.
10.3 The Company shall keep written internal records of all personal data collection, holding and
processing, which shall incorporate the following information:
10.3.1 The name and details of the Company, its Data Complaince Manager and any applicable third-party
10.3.2 The purposes for which the Company collects, holds and processes personal data;
10.3.3 Details of the categories of personal data collected, held and processed by the Company, and the
categories of data subject to which that personal data relates;
10.3.4 Details of any transfers of personal data to a country not within the European Economic Area (“EEA”)
including all mechanisms and security safeguards;
10.3.5 Details of how long personal data will be retained by the Company (please refer to the Company’s
Data Retention Policy); and
10.3.6 Detailed descriptions of all technical and organisational measures taken by the Company to ensure
the security of personal data.
11. Data Protection Impact Assessments
11.1 The Company shall carry out Data Protection Impact Assessments for any and all new projects
and/or new uses of personal data which involve the use of new technologies and the processing involved is
likely to result in a high risk to the rights and freedoms of data subjects under the GDPR.
11.2 Data Protection Impact Assessments shall address the following:
11.2.1 The type(s) of personal data that will be collected, held, and processed;
11.2.2 The purpose(s) for which personal data is to be used;
11.2.3 The Company’s objectives;
11.2.4 How personal data is to be used;
11.2.5 The parties (internal and/or external) who are to be consulted;
11.2.6 The necessity and proportionality of the data processing with respect to the purpose(s) for which it is
11.2.7 Risks posed to data subjects;
11.2.8 Risks posed both within and to the Company; and
11.2.9 Proposed measures to minimise and handle identified risks.
12. Keeping Data Subjects Informed
12.1 The Company shall provide the information set out in Part 12.2 to every data subject:
12.1.1 Where personal data is collected directly from data subjects, those data subjects will be informed of
its purpose at the time of collection; and
12.1.2 Where personal data is obtained from a third party, the relevant data subjects will be informed of its
a) if the personal data is used to communicate with the data subject, when the first communication is
b) if the personal data is to be transferred to another party, before that transfer is made.
12.2 The following information shall be provided:
12.2.1 Details of the Company including, but not limited to, the identity of its Data Compliance Manager;
12.2.2 The purpose(s) for which the personal data is being collected and will be processed and the legal
basis justifying that collection and processing;
12.2.3 Where applicable, the legitimate interests upon which the Company is justifying its collection and
processing of the personal data;
12.2.4 Where the personal data is not obtained directly from the data subject, the categories of personal
data collected and processed;
12.2.5 Where the personal data is to be transferred to one or more third parties, details of those parties;
12.2.6 Where the personal data is to be transferred to a third party who is located outside the “EEA”,
details of that transfer, including but not limited to the safeguards in place as described in Part 28;
12.2.7 Details of data retention;
12.2.8 Details of the data subject’s rights under the GDPR;
12.2.9 Details of the data subject’s right to withdraw his or her consent to the Company’s processing of his
or her personal data at any time;
12.2.10 Details of the data subject’s right to complain to the Information Commissioner’s Office (the
“supervisory authority” under the GDPR);
12.2.11 Where applicable, details of any legal or contractual requirement or obligation necessitating the
collection and processing of the personal data and details of any consequences of failing to provide it; and
12.2.12 Details of any automated decision-making or profiling that will take place using the personal data,
including information on how decisions will be made, the significance of those decisions, and any
13. Data Subject Access
13.1 Data subjects may make Subject Access Requests (“SARs”) at any time to find out more about
the personal data which the Company holds about them, what it is doing with that personal data, and why.
13.2 Responses to SARs shall normally be made within one month of receipt, however this may be
extended by up to two months if the SAR is complex and/or numerous requests are made. If such additional
time is required, the data subject shall be informed.
13.3 All SARs received shall be handled by the Company’s Data Compliance Manager.
13.4 The Company does not charge a fee for the handling of normal SARs. The Company reserves the
right to charge reasonable fees for additional copies of information which has already been supplied to a data
subject, and for requests which are manifestly unfounded or excessive, particularly where such requests are
14. Rectification of Personal Data
14.1 Data subjects have the right to require the Company to rectify any of their personal data which is
inaccurate or incomplete.
14.2 The Company shall rectify the personal data in question, and inform the data subject of that
rectification, within one month of the data subject having informed the Company of the matter. The correction
period may be extended by up to two months in the case of complex requests but where such additional time
is required the data subject shall be informed.
14.3 In the event that any affected personal data has been disclosed to third parties, those parties
shall be informed of any rectification which must be made to that personal data.
15. Erasure of Personal Data
15.1 Data subjects have the right to request that the Company erases the personal data it holds about
them in the following circumstances:
15.1.1 It is no longer necessary for the Company to hold that personal data for the purpose(s) for which it
was originally collected or processed;
15.1.2 The data subject wishes to withdraw his or her consent to the Company holding and processing his or
her personal data;
15.1.3 The data subject objects to the Company holding and processing his or her personal data and there is
no overriding legitimate interest to allow the Company to continue to so do as described in Part 18;
15.1.4 The personal data has been processed unlawfully;
15.1.5 The personal data needs to be erased in order for the Company to comply with a particular legal
15.2 Unless the Company has reasonable grounds to refuse to erase personal data it shall comply with
all requests for, and the data subject shall be informed of, the erasure, within one month of receipt of the data
subject’s request. The period can be extended by up to two months in the case of complex requests. If such
additional time is required, the data subject shall be informed.
15.3 In the event that any personal data that is to be erased in response to a data subject’s request
has been disclosed to third parties, those parties shall be informed of the erasure unless it is not possible or
would require disproportionate effort to do so.
16. Restriction of Personal Data Processing
16.1 Data subjects may request that the Company cease processing the personal data which it holds
about them. If a data subject makes such a request, the Company shall retain only the amount of personal data
concerning that data subject, if any, which is necessary to ensure that the personal data in question is not
16.2 In the event that any affected personal data has been disclosed to third parties, those parties
shall be informed of the applicable restrictions on processing it unless it is not possible or would require
disproportionate effort to do so.
17. Data Portability
17.1 The Company processes personal data using automated means such as computers.
17.2 Where data subjects have given their consent to the Company’s processing their personal data in
such a manner, or the processing is otherwise required for the performance of a contract between the
Company and the data subject, data subjects have the right, under the GDPR, to receive a copy of their
personal data and to use it for other purposes such as transmitting it to other data controllers.
17.3 To facilitate the right of data portability, the Company shall make available all applicable
personal data to data subjects in the following automated formats:
17.3.1 Plain text;
17.3.2 CSV file.
17.4 Where technically feasible, if requested by a data subject, personal data shall be sent directly to
the required data controller.
17.5 All requests for copies of personal data shall be answered within one month of the data subject’s
request. The period can be extended by up to two months in the case of complex or numerous requests. If such
additional time is required, the data subject shall be informed.
18. Objections to Personal Data Processing
18.1 Data subjects have the right to object to the Company processing their personal data based on
legitimate interests or for direct marketing including profiling.
18.2 Where a data subject objects to the Company processing his or her personal data based on its
legitimate interests, the Company shall cease such processing immediately, unless it can be demonstrated that
the Company’s legitimate grounds for such processing override the data subject’s interests, rights, and freedom
or where the processing is necessary for the conduct of legal claims.
18.3 Where a data subject objects to the Company processing his or her personal data for direct
marketing purposes the Company shall cease such processing immediately.
19. Automated Decision-Making
19.1 The Company may use personal data in automated decision-making processes according to
19.2 Where such decisions have a legal, or similarly significant, effect on data subjects those data
subjects have the right to challenge to such decisions under the GDPR, requesting human intervention,
expressing their own point of view, and obtaining an explanation of the decision from the Company.
19.3 The right described in Part 19.2 does not apply in the following circumstances:
19.3.1 The decision is necessary for the entry into, or performance of, a contract between the Company and
the data subject;
19.3.2 The decision is authorised by law; or
19.3.3 The data subject has given his or her explicit consent.
Regarding profiling, we use the tracking tool Google Analytics.
21. Data Security – Storage
The Company shall ensure that the following measures are taken with respect to the storage of personal data:
21.1 All electronic copies of personal data should be stored securely using passwords and secure data
21.2 All hardcopies of personal data, along with any electronic copies stored on physical, removable
media should be stored securely in a locked box, drawer, cabinet, or similar;
All personal data stored electronically should be backed up daily with backups stored offsite. All backups
should be securely encrypted.
22. Data Security – Transferring Personal Data and Communications
The Company shall ensure that the following measures are taken with respect to all communications and other
transfers involving personal data:
22.2 All emails containing personal data must be marked “confidential”;
22.7 Where personal data is to be transferred in hardcopy form it should be passed directly to the
recipient or sent using secure signed for courier; and
22.8 All personal data to be transferred physically, whether in hardcopy form or on removable
electronic media shall be transferred in a suitable container marked “confidential”.
23. Data Security – Disposal
When any personal data is to be erased or otherwise disposed of for any reason (including where copies have
been made and are no longer needed), it should be securely deleted and disposed of.
24. Data Security – Use of Personal Data
The Company shall ensure that the following measures are taken with respect to the use of personal data:
24.1 No personal data may be shared informally and if an employee, agent, sub-contractor, or other
party working on behalf of the Company requires access to any personal data to which he or she does already
have access, such access should be formally requested from the Company’s Directors;
24.2 No personal data may be transferred to any employees, agents, contractors, or other parties,
whether or not such parties are working on behalf of the Company without the authorisation of the Company’s
24.3 Personal data must be handled with care at all times and should not be left unattended or on
view to unauthorised employees, agents, sub-contractors, or other parties at any time;
24.4 If personal data is being viewed on a computer screen and the computer in question is to be left
unattended for any period of time, the user must lock the computer and screen before leaving it; and
24.5 Where personal data held by the Company is used for marketing purposes, it shall be the
responsibility of the Company’s Directors to ensure that the appropriate consent is obtained.
25. Data Security – IT Security
The Company shall ensure that the following measures are taken with respect to IT and information security:
25.1 It is the Company’s policy that passwords can be used to protect personal data and that such
passwords should be changed regularly and not use words or phrases which can be guessed easily or otherwise
25.2 All software, including but not limited to, applications and operating systems shall be kept up-to-
date. The Company’s IT staff shall be responsible for installing any and all security-related updates not more
than 1 week after the updates are made available by the publisher or manufacturer or as soon as reasonably
and practically possible, unless there are valid technical reasons not to do so.
26. Organisational Measures
The Company shall ensure that the following measures are taken with respect to the collection, holding, and
processing of personal data:
26.1 All employees, agents, contractors, or other parties working on behalf of the Company shall be
made fully aware of both their individual responsibilities and the Company’s responsibilities under the GDPR
and under this Policy, and shall be provided with a copy of this Policy;
26.2 Only employees, agents, sub-contractors, or other parties working on behalf of the Company
that need access to, and use of, personal data in order to carry out their assigned duties correctly shall have
access to personal data held by the Company;
26.3 All employees, agents, contractors, or other parties working on behalf of the Company handling
personal data will be appropriately trained to do so;
26.4 All employees, agents, contractors, or other parties working on behalf of the Company handling
personal data will be appropriately supervised;
26.5 All employees, agents, contractors, or other parties working on behalf of the Company handling
personal data shall be required and encouraged to exercise care, caution, and discretion when discussing work-
related matters that relate to personal data, whether in the workplace or otherwise;
26.6 Methods of collecting, holding, and processing personal data shall be regularly evaluated and
26.7 All personal data held by the Company shall be reviewed periodically, as set out in the
Company’s Data Retention Policy;
26.8 The performance of those employees, agents, contractors, or other parties working on behalf of
the Company handling personal data shall be regularly evaluated and reviewed;
26.9 All employees, agents, contractors, or other parties working on behalf of the Company handling
personal data will be bound to do so in accordance with the principles of the GDPR and this Policy by contract;
26.10 All agents, contractors, or other parties working on behalf of the Company handling personal
data must ensure that any and all of their employees who are involved in the processing of personal data are
held to the same conditions as those relevant employees of the Company arising out of this Policy and the
27. Transferring Personal Data to a Country Outside the EEA
27.1 The Company may from time to time transfer (‘transfer’ includes making available remotely)
personal data to countries outside the EEA.
27.2 The transfer of personal data to a country outside the EEA shall take place only where the
27.2.1 To a country, territory, or one or more specific sectors in that country (or an international
organisation), which the European Commission has determined ensures an adequate level of protection for
27.2.2 To a country (or international organisation) which provides appropriate safeguards in the form of
a legally binding agreement between public authorities or bodies; binding corporate rules; standard data
protection clauses adopted by the European Commission; compliance with an approved code of conduct
approved by a supervisory authority (e.g. the Information Commissioner’s Office); certification under an
approved certification mechanism (as provided for in the GDPR); contractual clauses agreed and authorised by
the competent supervisory authority; or provisions inserted into administrative arrangements between public
authorities or bodies authorised by the competent supervisory authority;
27.2.3 Made with the informed consent of the relevant data subject(s);
27.2.4 Necessary for the performance of a contract between the data subject and the Company or for
pre-contractual steps taken at the request of the data subject;
27.2.5 Necessary for important public interest reasons;
27.2.6 Necessary for the conduct of legal claims;
27.2.7 Necessary to protect the vital interests of the data subject or other individuals where the data
subject is physically or legally unable to give his or her consent; or
27.2.8 Made from a register which, under EU law, is intended to provide information to the public and
which is open for access by the public in general or otherwise to those who are able to show a legitimate
interest in its access.
28. Data Breach Notification
28.1 All personal data breaches must be reported immediately to the Company’s Data Compliance
28.2 If a personal data breach occurs and that breach is likely to result in a risk to the rights and
freedom of data subjects (for example financial loss, breach of confidentiality, discrimination, reputational
damage, or other significant social or economic damage), the Data Compliance Manager must ensure that the
Information Commissioner’s Office is informed of the breach without delay, and in any event, within 72 hours
after having become aware of it.
Implementation of Policy
This Policy applies with effect from 1 st January 2019. No part of this Policy shall have retrospective effect and
shall thus apply only to matters occurring on or after that date.
This Policy has been approved and authorised by Tomas Novosad