Personal Data Processing Policy
HypeDigitaly s.r.o., of HypeDigitaly s.r.o., Company Registration No.: 17665655, with its registered office at Velká Hradební 2800/54, Ústí nad Labem-centrum, 400 01 Ústí nad Labem, registered in the Commercial Register maintained by the Regional Court in Ústí nad Labem, File No. C 49600 (hereinafter referred to as "we", "Controller" or "HypeDigitaly").
We take the protection of personal data seriously. In this policy, you will learn for what purpose, on what legal basis, and how we process your Personal Data. You will also find information about your rights in connection with personal data protection.
If you have any further questions regarding the processing of your Personal Data, please contact us by email at info@hypedigitaly.ai or by post at our registered office address.
1. DEFINITIONS
To make this text clearer, we will simplify your reading with several terms used throughout this personal data processing policy:
| AI Assistant | means a software service focused on assisting with customer support, chatbot, voicebot, and other tasks that can be automated; its individual versions are listed on the website https://hypedigitaly.ai; |
| GDPR | Regulation (EU) 2016/679 of the European Parliament and of the Council; |
| EEA | European Economic Area; |
| Commercial Communication | typically an email message or SMS sent for the purpose of promoting services and delivering news; |
| Personal Data | any information about a natural person on the basis of which they can be directly or indirectly identified; |
| Service | software service consisting of an AI assistant and other related services that we provide to our customers in connection with artificial intelligence; |
| Contract | an agreement for the provision of Services concluded between us and our customer, or an agreement under individually negotiated terms; |
| User / You | a natural person to whom Personal Data relates, most often a customer, i.e., a person who has concluded a Contract with us, or persons cooperating with them, a potential customer, or a user of our website who merely browses it, or a participant in our online or offline events; |
| Controller | an entity (in relation to your data, this is us) that alone or jointly with others determines the purposes and means of Processing Personal Data; |
| Processor | we use other entities to, for example, ensure secure data storage or to send you a newsletter. During this cooperation, they may process Personal Data that you have provided to us; |
| Processing of Personal Data | in simple terms, this refers to any handling of Personal Data - whether it is storage, sharing, deletion, or modification; |
| Special Category of Personal Data | data that we understand as more sensitive. This includes, for example, your ethnic origin, sexual orientation, trade union membership, health status, and religious beliefs. Genetic and biometric data are also considered a special category of data if processed for the purpose of uniquely identifying a natural person. We do not process this category of Personal Data. |
2. HOW DO WE APPROACH THE PROCESSING OF PERSONAL DATA?
Your privacy is our priority, which is why we only require Personal Data that is necessary for the provision of our Services. Our Services comply with the standards required by GDPR. If you entrust us with your data, we undertake to handle it in accordance with the applicable legal regulations that apply to you (GDPR, etc.). Our Processing of Personal Data may also adapt to specific legal regulations in the countries of processing; however, the minimum standard for us is always GDPR. Information about your rights in connection with Personal Data is provided below.
As part of the Processing of Personal Data, we also use artificial intelligence (AI) in justified cases. However, we do not use it for automated decision-making or profiling within the meaning of GDPR (particularly Article 22). All Processing of Personal Data is subject to human decision-making; the AI itself does not make any decisions about you. We use artificial intelligence primarily for providing AI chatbot Services, which is designed to inform you and advise you on your queries and issues.
3. WHAT ROLE DO WE HAVE IN RELATION TO PERSONAL DATA
Given the Services we provide, we may find ourselves in relation to Personal Data in the position of both Controller and Processor.
When do these policies apply? This Personal Data Processing Policy applies only to situations where we are in the position of Controller, unless otherwise stated in the text of the policy. Please note that this Personal Data Processing Policy applies to the Processing of Personal Data of our Users, not their customers and other data subjects.
1. HYPEDIGITALY AS CONTROLLER
When is HypeDigitaly a Controller? In relation to Users, we are the Controller of Personal Data. You have entrusted us with certain information about yourself (e.g., your name and email). An overview of the Personal Data processed, including the reasons for their processing, can be found below. If anything is unclear, please do not hesitate to contact us by email at info@hypedigitaly.ai.
Additional Processors. In order to provide you with our Service at the highest quality, we use other entities for this purpose. We have concluded the necessary contracts with all of them and require the highest possible level of protection and security of Personal Data. You can find all our processors in Section 8 of this policy.
2. HYPEDIGITALY AS PROCESSOR
When is HypeDigitaly in the position of a processor? We provide a Service whose purpose is communication with and assistance to your customers through an AI assistant. In relation to your customers, we may be in the position of a processor of Personal Data. If we process their Personal Data, we do so on your behalf only as a processor, in accordance with your instructions (i.e., the User's instructions). The protection of personal data and the rights and obligations arising therefrom are, in this case, governed by the Data Processing Agreement (DPA).
If you are a customer or other data subject whose Personal Data is processed by one of our Users, we recommend that you carefully read their documentation regarding the Processing of Personal Data. There you should find out how this customer collects and uses information about you. If our User has provided us with your Personal Data and you wish to exercise all rights, please contact the relevant User directly. Our employees have limited access to your Personal Data. If you nevertheless wish to submit your request regarding the exercise of rights concerning your Personal Data directly to HypeDigitaly, please also include the name of our User. We will forward your request to this customer as soon as possible.
Sub-processors. As part of providing Services, we use other entities. If we find ourselves in the position of a processor of Personal Data, we may use additional sub-processors in accordance with the Data Processing Agreement (DPA). We and our sub-processors have very limited access to your data that you store in the system, i.e., your clients' data; nevertheless, we ensure that our sub-processors are bound to ensure the protection of Personal Data at the same level that we provide.
4. WHAT PERSONAL DATA DO WE PROCESS ABOUT YOU?
How do we process Personal Data? We process your Personal Data only to the extent necessary to achieve the purpose for which the data was collected, and we comply with security, technical, and organizational rules during their processing. The Processing of Personal Data is automated, but we do not carry out profiling. The specific purposes of data processing and the categories of personal data that we process for individual purposes are described in the following section.
→ Name and surname, possibly date of birth (Company Registration No.) and address
→ Contact details (especially email, phone number) and other data you voluntarily provide in your user interface
→ Data in a query submitted by a customer or another person
→ Use of AI assistant (especially data filled in by the User during trial use of AI assistant, registration time, date of last profile update)
→ Billing data and bank details (data necessary for accounting and payment processing)
→ Information you provide to us in the course of communication with us (especially your questions and answers to your inquiries, communication with you)
→ Comments you add to our posts on social networks (especially Facebook, LinkedIn), as well as the name (nickname) of your profile on these social networks and publicly accessible information on your profiles
→ Cookies and IP address, activity data (including information about your device or operating system)
→ Operational data mainly indicating the occurrence of an AI Assistant error state (time and address of the error incident)
Special Category of Personal Data. We do not process any Personal Data that constitutes a Special Category of Personal Data under GDPR, i.e., Personal Data of a sensitive nature about you.
5. IN WHAT CASES DO WE PROCESS PERSONAL DATA AND HOW?
We process your Personal Data if you are a user of our website or our customer. We process your Personal Data only for the necessary period, but its length may vary depending on the applicable legal regulations in the place where we provide our Services to you. Information about the duration of processing is therefore only indicative.
1. USERS OF OUR WEBSITE
If you visit our website, we process your Personal Data for the purposes stated in this table.
| Why? | What data? | How? | How long? |
|---|---|---|---|
| Website visit. Ensuring the basic functions of our website, analytics, improving our services, and our promotion. You can set your preferences in the cookie bar. The legal basis for Processing Personal Data is consent (analytics, marketing cookies) or our legitimate interest (necessary cookies). | Information about when and how you visit and browse our website. If you visit our website via mobile phone, we may also process data about your phone. | Cookies or other technologies for tracking User behavior. | The duration of processing varies according to the different types of cookies. Some process data only for the duration of the session (visit), some for a longer period. |
| Sending an inquiry. You can contact us at any time with your questions and we will answer them. You can contact us through the contact form on our website or by email. By sending an inquiry, you also express consent to the Processing of Personal Data. | Name, surname, email, phone, other Personal Data you provide to us. | In order to process your inquiry, we process the Personal Data that is necessary to handle it. Communication takes place by phone, email, or directly on our website. | Closed inquiries are regularly deleted, but no later than 3.5 years from the date the inquiry was made. |
| Sending Commercial Communications (direct marketing). You have subscribed to our newsletter and thereby consented to processing. If you no longer wish to receive it, you can unsubscribe in the email footer. | Name, surname, phone number, and email. | We send a newsletter informing you about our Services and news. | Data is processed for 2 years from the last active viewing of the newsletter, unless you unsubscribe earlier. |
| Webinar or educational event. We organize webinars or educational events. We process your Personal Data that you fill in the order form or otherwise provide when registering. | Email, name and surname. You may share some Personal Data with us during the webinar or event. Please note that we may record video or take photographs at some of these events. | You register for the webinar or event by filling out a form or by email. We will then contact you with further necessary information. | Data is processed for 6 months from the webinar or event, unless you have given us consent to send Commercial Communications. |
| Blog, social networks, competitions, and other promotional activities. Please note that any information you post in a comment on our blog can be viewed by anyone. On our website or through social networks, we may conduct surveys, organize competitions, or other promotional activities, including lottery-style competitions. By participating in a competition, you also consent to receiving commercial communications. | Name and surname, address, date of birth, phone number, email address, username, and similar data. | All information, communications, or materials provided through the social media platform are also provided in accordance with the privacy policies of these platforms. | We leave your comments on the post for as long as it is published on our profile, unless you ask us earlier to delete your comment on our blog. In the case of competitions, data is processed for 2 years from the end of the competition, unless you withdraw your consent earlier. |
2. CUSTOMERS
If you decide to use our Services, you will use one of the versions of our AI assistants under the Contract. In order for the cooperation to proceed, we process certain Personal Data about you.
| Why? | What data? | How? | How long? |
|---|---|---|---|
| Concluding a Contract. In order to start using the Service in full, you must first conclude a Contract with us. We process such data based on the data you provide for the performance of the Contract. | To conclude a Contract, we will need your name, surname, and email address, possibly other data. | You provide us with this data as part of our communication for the purpose of signing the Contract. | Data is processed for the duration of the Contract and subsequently for 3.5 years from the termination of the Contract. |
| AI Assistant Service. We may receive information about how and when you use the AI assistant; we also process data related to its security. We process Personal Data for the purpose of Contract performance and legitimate interest in improving Services. | Name, surname, address, date of birth (Company Registration No.), phone number, email, job position, possibly IP address, and other data necessary for the provision. | We may store the information obtained as part of the Contract and the provision of Services. | For the duration of the contractual relationship with us and subsequently 3.5 years after its termination. |
| Accounting. We receive remuneration for providing Services and issue you accounting and tax documents, which we subsequently archive and further work with for the purposes of proper accounting and fulfilling legal obligations. | Data on the invoice - name, surname, email address, billing address, or other User identification and details of performance under the Contract. | After filling in the payment information in the profile, we will save this data to create an invoice. | We have a legal obligation to archive or retain the relevant document; the period depends on what the law requires (3-10 years). |
| Direct marketing, sending Commercial Communications. For our Users, we may send newsletters based on a legitimate interest in improving and promoting our Services or to those who have consented to sending. | Name, surname, phone number, and email. | We send a newsletter informing you about our Services and news. | Data is processed for 2 years from the last active viewing of the newsletter, unless you unsubscribe earlier. |
3. JOB APPLICANTS
This section is relevant to you if you want to work directly at HypeDigitaly.
| Why? | What data? | How? | How long? |
|---|---|---|---|
| Job postings. On our website in the careers section, where you can find currently available positions. | This is data you provide in your submitted CV. Name and surname, address, date of birth, phone number, email address, possibly a link to social networks, information about previous employment, education, interests, skills, certifications. | We will review the materials you have submitted containing Personal Data and contact you based on them. | Based on the consent granted, we may retain the Personal Data of job applicants for a period of 2 years. The reason is that we may have an interesting job offer for you later. |
6. ON WHAT BASIS DO WE PROCESS YOUR PERSONAL DATA?
Lawfulness of processing. We obtain and process all Personal Data lawfully. We process Personal Data:
- on the basis of your consent (e.g., when you voluntarily subscribe to our newsletter),
- for the purpose of performing a Contract (so that we can start providing you with our Services),
- for the purpose of fulfilling a legal obligation (e.g., in the case of supervision by a regulatory authority), and
- on the basis of our legitimate interest (e.g., if you are our customer, so that we can inform you about what is new with us).
If we provide you with the Service outside the European Economic Area (EEA), the legal bases for Processing Personal Data may differ.
7. WHO ARE OUR PROCESSORS?
Processors. We use only vetted Processors with whom we have a written contract and who provide us with at least the same guarantees as we provide to you. The data that Processors may process, including their purpose and legal basis for processing, are stated above. We use these Processors in the capacity of Controller, which means they do not process data that you enter into the system as part of using the Service.
| Website operation | Amazon Web Services, Framer |
| Standard website traffic analysis | Google Analytics |
| Service provision | Google Cloud Service, Airtable, Voiceflow, OpenAI, Anthropic, Framer, Gemini, Replit, Twilio |
| Payment and accounting | iDoklad |
| Customer support communication, inquiry handling | |
| Marketing | OpenAI, Instantly, Skool |
| Social networks | Facebook, Instagram, LinkedIn, YouTube |
Legal obligations. In addition to the above-mentioned Processors, we may transfer Personal Data to third parties if required by law or in response to legal requests from public authorities or at the request of a court in legal disputes.
8. WHAT MEASURES HAVE WE TAKEN TO PROTECT YOUR PERSONAL DATA?
Our customers can influence the scope of processing within the provision of the Service through their own cooperation settings with us.
Technical measures. Security is very important to us, which is why we continuously work to ensure that your Personal Data is protected. When choosing measures, we take into account the scope of processing, the risk of processing, and the state of our technology.
- We regularly back up data;
- we update antivirus software systems;
- we encrypt data using SSL/TLS ("secure sockets layer / transport layer security") for all data transfers;
- we use a secure https protocol;
- we develop technology with regard to personal data protection (privacy by design);
- access passwords to information systems (where Personal Data will be processed) and access authorizations are controlled at the individual level.
Organizational measures. We have adopted and undertake to comply with the following measures:
- Our employees and our service providers are bound by confidentiality;
- Our employees are properly trained and also regularly trained on GDPR and familiar with the rules of safe work on work devices;
- Access to all systems, including the information system, is personalized and protected by secure passwords.
9. WHAT ARE YOUR RIGHTS?
Where to contact us? Write to us at info@hypedigitaly.ai, or at our registered office address.
When will we respond? We will respond to you within one month at the latest. If providing the information would endanger the privacy of other persons, or if providing it would be disproportionate to the risks or costs of providing it, we may not be able to comply with your request. In order to better process your request, we may need to verify your identity. In the case of a repeated request, the Controller will be entitled to charge a reasonable fee for a copy of the Personal Data.
| Right of access | We will confirm whether we process your Personal Data. You have the right to information about the purposes of processing, categories of personal data, recipients to whom they are disclosed, and the duration of processing. You have the right to know whether any right has already been exercised. The prerequisite is also that the rights and freedoms of other persons are not adversely affected, including a copy of the Personal Data. |
| Right to rectification | You have the right to request the correction of inaccurate personal data. You can correct some data in your user profile. |
| Right to erasure | If there is no other reason to continue processing this data, we will delete or anonymize the data you have requested. |
| Right to restriction of processing | Please contact us if you believe we are processing your data incorrectly. Whether it concerns the reasons for processing or its scope. |
| Right to notification of rectification, erasure, or restriction of processing | If you contact us with a request, we will inform you of the result. Sometimes it may happen that we will not be able to comply (e.g., the email address from which you wrote to us no longer works). |
| Right to data portability | Your Personal Data that you have provided to us in a structured and machine-readable format, we will provide to another controller upon your request. |
| Right to object | If we process your data on the basis of a legitimate interest (e.g., sending newsletters to Users). It is up to us to demonstrate our legitimate interest. If your objection is justified, we will stop Processing your Personal Data. |
| Right to withdraw consent | If you have changed your mind, please let us know. Processing for marketing and commercial purposes can be withdrawn at any time. |
| Automated individual decision-making including profiling | Do you not want decisions to be made about you by a computer? We respect your right, which is why we do not carry out profiling. We provide a Service; your Personal Data may be processed automatically. |
10. CONCLUSION
This Personal Data Processing Policy may only be amended in writing. You will be informed of this through our website. Please check this policy regularly. By continuing to use our Service, you agree to changes to this policy.
If you have any questions regarding our Personal Data Processing Policy, please contact us by email at info@hypedigitaly.ai.
If you are dissatisfied, you may at any time file a complaint with the Office for Personal Data Protection, with its registered office at Pplk. Sochora 727/27, 170 00 Prague 7 - Holešovice (more at https://www.uoou.cz/), or another personal data protection authority located in your place of habitual residence.
This Personal Data Protection Policy is effective as of March 20, 2025.