Privacy policy

PRIVACY POLICY OF BITNINJA

Last modified:  October 20, 2020

 

This Privacy Policy (the “Policy”) explains how BitNinja Technologies, Zrt. a company registered and operating under the laws of Hungary (registered seat: 4024 Debrecen, Kossuth utca 42. II. em. 5.; registration number: 09-10-000598; hereinafter: “BitNinja”,Company”, “we”, or “us”) collects, stores, uses, and discloses personal information from their users (“you”, “user”) in connection with the website located at www.bitninja.io (the “Website”) operated by the Company, further by using our services (hereinafter: “Service” or “Services”) including registering a Reseller Account or a Customer Account on the Website (hereinafter: “Registration”) and purchasing a paid plan (hereinafter: “Subscription”), or by signing up to our newsletter service (hereinafter: “Newsletter”) or by sharing an idea about our blog posts posted on our Website (hereinafter: “Commenting”). Furthermore, this Policy declares the rights and obligations regarding the processing of personal data and other essential provisions. This Policy forms an integral part of the Company’s general terms and conditions (hereinafter: “GTC”), therefore the capitalized terms not specified in the present Policy shall have the same meaning as in the GTC. The GTC of BitNinja can be found here.

The processing and collecting of personal data by BitNinja shall be in harmony with the directly applicable data protection laws and the provisions of the Hungarian laws in effect as follows:

  1. In case of processing personal data, the Regulation (EU) 2016/679 of the European Parliament and of the Council (hereinafter: “GDPR”), the Act CXII of 2011 on the Right to Informational Self-determination and Freedom of Information (hereafter: “Freedom of Information Act”), the Act XLVIII of 2008 on the Essential Conditions and Certain Limitations of Business Advertising Activity (hereinafter: “Business Advertising Act”), the Act CVIII of 2001 on the ecommerce services and information society services (“Ecommerce Act”), furthermore the recommendations and the data protection practice of the Hungarian National Authority for Data Protection and Freedom of Information (hereinafter: “NAIH”) and the recommendations of the Article 29 Data Protection Working Party (hereinafter: “WP29”) and of the European Data Protection Board (hereinafter: “EDPB”).

 

  1. For the collection and processing of personal data of Brazilian individuals, Brazil’s Law No. 13,709, of August 14, 2018 on the Brazilian General Data Protection Act (in Portuguese: Lei Geral de Proteção de Dados, hereinafter: “LGPD”) shall apply.

 

  1. Furthermore, in respect of Californian individuals BitNinja complies with the Senate Bill No. 1121 California Consumer Privacy Act of 2018 (hereinafter: “CCPA”).

The Company is the data controller of any data which constitutes personal data, and which is uploaded when using our Services and subscribing for the Newsletter.

The Company bound in honor to protect personal data; therefore, the Company will keep confidential the personal data received and take all necessary steps to secure data processing. 

Please read and make sure you understand this Policy. If you do not agree with this Policy or our practices, you may not use our Website or our Services.

  • Definitions

The following definitions are determined according to the GDPR:

personal data’: shall mean 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;

consent’: shall mean any freely given, specific, informed and unambiguous indication of the will of the Data Subject 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;

data controller’: shall mean 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 European Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law;

data processing’: shall mean 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;

data processor’: shall mean a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller; 

third party’: shall mean 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 authorized to process personal data;

personal data breach’: shall mean a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, personal data transmitted, stored or otherwise processed;

recipient’: shall mean 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 European 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;

supervisory authority’: shall mean one or more independent public authorities provided by each Member State which is responsible for monitoring the application of the GDPR in order to protect the fundamental rights and freedoms of natural persons in relation to processing and to facilitate the free flow of personal data within the European Union;

supervisory authority concerned’: shall mean 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.

  • What information does BitNinja collect?

 

The information we gather from Users on the one hand, enables the Users to register for our Newsletter, to set up accounts on our Website and to share their ideas about our blog posts, and on the other hand, enables the Company to personalize and improve the Services.

  • Information you provide to Us:

 

  • At Registration as Customer:

 

We collect the following personal data uploaded during the registration on the Website and creation of a user profile:

  • Name
  • Email address

 

Please note that the e-mail address provided does not require the inclusion of personal data, such as your name. You are free to choose an e-mail address that contains information about your identity.

 

If you are registering as a Client, you do not have to share your credit card’s details with us unless you are willing to purchase one of our Services.

 

  • At Registration as Reseller:

 

We collect the following personal data uploaded during the registration on the Reseller Panel and creation of a user profile:

 

  • Name
  • Email address

 

  • When purchasing a Subscription

 

We collect the following personal data uploaded during the purchase of our Services:

 

  • Name
  • Email address
  • Phone number
  • Credit card details 
  • PayPal account name
  • Billing address

 

  • When signing up for our Newsletter:

 

We collect the following personal data when you sign up to our Newsletter on our Website:

 

  • Email address
  • Name

 

  • When Commenting on the Website:

 

We collect the following personal data when you are Commenting on one of our blog posts:

  • Name
  • Email address
  • Any other personal data you share with us in your idea.

 

  • When using BitNinja’s Free Server Security Scan:

We collect the following personal data when you are signing up to our free server security scan:

  • Email address.
  • Information Collected Automatically:

 

We collect, receive and store certain types of information automatically whenever you interact with the Website and by using the Services. BitNinja continually receives and records information sent by the Website. These data include especially the following type and scope: 

  • IP address, unique device identifier, language preferences and other system settings, operating system type and version, the type of web browser used, the domain name you access the internet from, the link you have been redirected to the Website from, geographic location of the server you access the Website from, other software and hardware information (i.e. for error reports);
  • Usage information: the date and time you access the Website, activities on the Website, time spent on the Website and its regularity, visited content, search terms used, links clicked/tapped on.

 

2.3 Information we receive from our Customers and Resellers regarding their users:

By providing our Services we receive and collect certain personal data on the users of our Customers and Resellers that is provided to us for the purpose of processing directly from our Customers and Resellers including, but not limited to the uploaded or shared personal data of their customers, like name or e-mail or any other personal data stored on the servers we provide protection for.

If the provisions of the GDPR shall apply, in that relationship regarding to the personal data of your customers you shall be deemed as data controller, and therefore you as our user are also responsible to comply with the provisions of the GDPR. Please note, that in such case the data processing relationship between the data controller and the data processor shall be governed by a written contract, and such written contract shall satisfy the requirements of Article 28 of the GDPR. In order to facilitate your compliance with the provisions of the GDPR, BitNinja provides you a written contract on data processing, therefore, the data processing relationship between you, as a data controller and BitNinja, as a data processor shall be governed by the Addendum attached to the present Policy as Attachment I, which shall form an integral part of the present Policy.  

  • What About Cookies?

 

The Company processes anonymous data in order to improve the Website, to bring it to perfection. During this procedure BitNinja can incorporate “cookies”, which collect the visitor’s first level domain name, the date, and the exact time of access. The “cookie” alone cannot be used to reveal the identity of the visitor. The “cookie” is a file, which is sent to the browser of the visitor and stored on the hard drive of visitor. Cookies don’t damage the computer of the visitor. The browser can be set to indicate when a cookie is received, so the visitor can decide to accept the so-called cookie or not. The Company does not use cookies to collect or manage any information that would allow the identification of the user. For further information, please read our Cookie Policy here.

  • How does BitNinja use my information?

 

We may use your information, including your personal information – based on diverse purposes as well as the legal basis of the processing – as follows:

 

  • We process the following personal data for the purpose and on the legal basis of the performance of the contract, product, and Service fulfillment:

 

  • Full name
  • Email address
  • Credit card details (optional)
  • PayPal account name (optional)
  • Billing address (optional)

 

The above obligatory or optional personal data you provide is used for purposes such as fulfilling the obligations defined in the GTC and providing the Service, responding to your questions, requests relating to the Service, customizing the visualized content, communicating with you about sales offers relating to special Services and new features, and responding to problems relating to our Services. 

  • We process the following personal information based on your consent (as the legal basis of this processing) for marketing purposes, to deliver coupons, newsletters, emails:

 

  • Full name
  • Email address

 

You shall always have the right to withdraw your consent given for marketing purposes at any time, without affecting the lawfulness of processing based on your consent, or on any other legal basis, before your withdrawal.

 

  • We process personal data for the purpose and on the legal basis of compliance with legal obligations to prevent fraudulent transactions, monitor against theft and otherwise protect our customers and our business. We also process personal data for the purpose and on the legal basis of legal compliance and to assist law enforcement and respond to subpoenas. 

 

This means that in some cases the data processing is stipulated by the applicable laws and we have an obligation to process and keep this data for the required time. This includes employment data, billing data, data which is necessary to assist law enforcement etc.

  • We process the following personal data for the purpose and on the legal basis of the legitimate interests of the Company, to improve the effectiveness of the Website, our Services, and marketing efforts, to conduct research and analysis, including focus groups and surveys and to perform other business activities as needed, or as described elsewhere in this Policy:

 

  • IP address
  • browser information
  • contact information
  • content consumed on the Website
  • unique device identifier
  • browser characteristics
  • domain and other system settings
  • search queries
  • device characteristics
  • operating system type
  • language preferences
  • referring URLs
  • actions taken on our Website
  • page requested
  • content consumed (e.g., viewed, uploaded, and shared)
  • dates and times of Website visits
  • other information associated with other files stored on your device

 

Where it is feasible, we anonymize personal data or use non-identifiable statistical data. We do not collect personal data in advance and store it for potential future purposes unless required or permitted by the applicable laws.

 

For collecting anonymously, the above-mentioned data and making statistics and analysis we may use the following software and programs:

 

Name 

Registered seat

Country

Google Analytics and Google AdWords (Google LLC.)

1600 Amphitheatre Parkway Mountain View, CA 94043

United States of America

Twitter, Inc.

1355 Market Street Suite 900 San Francisco, CA

United States of America

Facebook pixel (Facebook Inc.)

1601 Willow Road Menlo Park, CA 94025

United States of America

LinkedIn Corp.

2029 Stierlin Court Mountain View, CA 94043

United States of America

Optimizely, Inc.

631 Howard St. Suite 100, San Francisco, CA 94105

United States of America

Reddit, Inc.

420 Taylor Street San Francisco, CA 94102

United States of America

Smartsupp.com, s.r.o.

Lidicka 20, Brno, 602 00

Czech Republic

Mixpanel, Inc.

405 Howard Street San Francisco, CA 94105

United States of America

 

  • Data integrity and purpose limitation: BitNinja will only collect and retain personal data which is relevant to the purposes for which the data is collected, and we will not use it in a way that is incompatible with such purposes unless such use has been subsequently authorized by you. We will take reasonable steps to ensure that personal data is reliable for its intended use, accurate, complete and current. We may occasionally contact you to determine that your data is still accurate and current. To secure your personal information processed we save your personal information to backup archives in every 4 hours. The data stored in our backup archives will be deleted in every week.  

 

Although we strive to keep the information about you up to date, the Company may keep the outdated information in its records for the retention period of that data to resolve disputes, or for the exercise or defense of legal claims. For these purposes, BitNinja may process (store) the personal information after the User deletes his/her account. BitNinja will only keep those data that might be relevant in a dispute, and it will delete or anonymize them as soon as the enforceability of such claims lapse.

 

  • How Long We Retain Your Personal Data?

 

We will retain your personal data for so long as it is needed to fulfill the purposes outlined in this Policy or until you withdraw your consent, unless a longer retention period is required or permitted by law (such as tax, accounting or other legal requirements, further for the establishment, exercise or defense of legal claims). When we have no longer or no legal basis to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible. 

  • Will BitNinja share any of the information it receives?

 

Information about our users is an integral part of our business, and we may share such information with our affiliated entities. Except as expressly described below, we neither rent nor sell your information to other people or nonaffiliated companies unless we have your permission.

We will not share any personal data with third-parties for their direct marketing purposes to the extent prohibited by the CCPA. If our practices change, we will do so in accordance with applicable laws and will notify you in advance.

6.1 BitNinja shall not ensure access for a third party to personal data provided by you without your preliminary consent, except the cases, when data transfer is necessary for the performance of the contract or for enforcing of BitNinja’s legitimate interest or prescribed by law.

6.2 BitNinja may share certain personal information with third party vendors in the EU or in third countries, who supply software applications, web hosting and other technologies or services for the Website and our Services (hereinafter: “Data Processor”). The Company will only provide these third parties with access to information that is reasonably necessary to perform their work or comply with the law. Those third parties will never use such information for any other purpose except to provide services in connection with the Website and our Services. During the service of data process, the Data Processor shall abide under the present Policy, relevant legislations in force, furthermore the provisions of the existing contracts between them and BitNinja.

We use the data process service of the following Data Processors:

Name

Registered seat

Country

Activity (data processing service)

The Rocket Science Group LLC (MailChimp)

675 Ponce de Leon Ave NE, Suite 5000, Atlanta, GA 30308

USA

Newsletter service

HEG US Inc.

210 North Tucker Blvd.

Suite 910

St.Louis, MO 63101

USA

Server service

Google LLC 

1600 Amphitheatre Pkwy, Mountain View, CA 94043 

USA

Cloud services

Amazon Web Services, Inc.

410 Terry Avenue North Seattle, WA 98109-5210

USA

Cloud services

Atlassian Corporation Plc.

341 George Street Level 6, Sydney, NSW 2000

Australia

Software development tool and cloud services

Rollbar, Inc.

665 3rd Street #150 San Francisco

USA

Cloud services

Optimizely, Inc.

631 Howard St. Suite 100, San Francisco, CA 94105

USA

Cloud services

PayPal (Europe) S.à r.l. et Cie, S.C.A. (Braintree)

22-24, boulevard Royal L-2449 Luxembourg

Luxembourg

Payment Services

tawk.to, Inc.

187 East Warm Springs Rd, SB119 Las Vegas, NV, 89119

USA

Chatbot services

Intercom, Inc.

19505 52Nd Ave W Ste A Lynnwood, WA 98036

USA

Chatbot services

Varga Katalin

1151 Budapest, Géza fejedelem tér 1.

Hungary

Accounting Services

6.3 The Rocket Science Group, LLC, Google LLC, Amazon Web Services, Inc., Rollbar, Inc., tawk.to, Inc., Intercom, Inc. and Optimizely, Inc. comply with the EU-US and the EU-Swiss Privacy Shield Frameworks, therefore transfer of your personal data to the aforementioned service providers was deemed safe until July 16, 2020. Please note that according to the judgement no. C-311/18 of the Court of Justice of the European Union, these companies are no longer considered to provide appropriate safeguards for the personal data of European citizens. For more information, you can read the judgement here.

6.4 We only transfer personal data collected from individuals located within the EU only with the consent of the individuals to a third-party having a registered seat outside the EU / in the USA acting as a data processor without the appropriate safeguards set out in the GDPR, or when it is necessary for the performance of the contract. BitNinja will make every effort to ensure that the personal data transferred is safe and secure and that the personal data is processed in a manner consistent with the GDPR.

6.5 If you are using BitNinja’s Services as an End User (as defined in the GTC), your personal data is processed by the Data Processors listed in section 6.2 of the present Policy as well as by the Reseller (as defined in the GTC) you bought the License Key (as defined in the GTC) from. You can find the details of your Reseller in your Customer Account (as defined in the GTC) under the ‘User Profile’ menu point. 

  • Is information about me secure?

 

We take commercially reasonable measures to protect all collected information from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction. Please understand that you can help keep your information secure by choosing and protecting your password appropriately, not sharing your password and preventing others from using your computer. Please understand that no security system is perfect and, as such, we cannot guarantee the security of the Website, or that your information will not be intercepted while being transmitted to us. If we learn of a security systems breach, then we may either post a notice, or attempt to notify you by email and will take reasonable steps to remedy the breach.

  • Children’s privacy

 

Our Website is not directed to children under 18 and we do not knowingly collect personal information from children under 18. If we learn that we have collected personal information of a child under 16 we will take steps to delete such information from our files as soon as possible. If you are aware of anyone under 18 using the Website, please contact us at +1 805-628-4196. 

  • Your privacy rights

 

9.1 Access and Retention:

If you have an account registered on the Website or in the Application, you can log in to view and update your account information. You have the right to obtain confirmation of whether or not we are processing personal data relating to you, have communicated to you such data so that you could verify its accuracy and the lawfulness of the processing and have the data corrected, amended or deleted where it is inaccurate or processed in violation of the GDPR.

We encourage you to contact us at +1 805-628-4196 with your questions or concerns, or to request edits to your personal information, or to have it removed from our database. Requests to access, change or remove your personal data will be handled within 30 days. 

9.2 Additional Rights for EU Territory:

If you are from the territory of the EU, you may have the right to exercise additional rights available to you under applicable laws, including:

(a) Right of Erasure: In certain circumstances, you may have a broader right to erasure of personal information that we hold about you – for example, if it is no longer necessary in relation to the purposes for which it was originally collected. Please note, however, that we may need to retain certain information for record keeping purposes, to complete transactions or to comply with our legal obligations.

(b) Right to Object to Processing: You may have the right to request Vam Apps to stop processing your personal information and/or to stop sending you marketing communications.

(c) Right to Restrict Processing: You may have the right to request that we restrict processing of your personal information in certain circumstances (for example, where you believe that the personal information, we hold about you is inaccurate or unlawfully held).

(d) Right to Data Portability: In certain circumstances, you may have the right to be provided with your personal information in a structured, machine readable and commonly used format and to request that we transfer the personal information to another data controller without hindrance.

If you would like to exercise such rights, please contact us at +1 805-628-4196.  We will consider your request in accordance with applicable laws. To protect your privacy and security, we may take steps to verify your identity before complying with the request.

If you do not agree with our decision, you have the right to an effective judicial remedy or to lodge a complaint to any of the European Data Protection Authorities.

You also have the right to complain to the EU Data Protection Authority about our collection and use of your personal data. For more information, please contact your local EU Data Protection Authority.

9.3 Additional Rights for Brazilian individuals

If you are a Brazilian individual, you have the following rights in addition to the rights described in sections 9.1 and 9.2 of this Policy:

  1. Right of erasure: If you would exercise this right, we will respond to you immediately, or if that is not possible, we will send a reply to you to indicate the reasons of fact or law that prevents the immediate adoption of the measure. If we are not the data processors of the data you requested the erasure of – whenever possible – we will indicate who the processing agent is.

 

  1. Right to be informed: You have the right to obtain information about what types of processing do we carry out on your personal information.

 

  1. Right of access: If you request the providing of your personal data processed by us, we will grant you access to such data in 15 days of your request, if the data requested is more than the simplified request version. 

 

  1. Nondiscrimination: We do not process your data for unlawful or abusive discriminatory purposes. In certain circumstances, you have the right to request a review of our data processing and the supervisory authority (the Brazilian National Authority for Protection of Data (hereinafter: “ANPD”)) may carry out an audit to verify discriminatory aspects.

 

  1. Data portability: Your data might be transferred to another service or product supplier in accordance with the regulations of the ANPD and as subjects to commercial and industrial secrets.

 

BitNinja appointed […] (address: […]; e-mail address: […]) as data protection officer (hereinafter “DPO”) in accordance with item II of Article 23 of the LGPD.

If you would like to exercise the rights included in the present section of the Policy, please contact our DPO or BitNinja at […]. We will consider your request in accordance with applicable laws. To protect your privacy and security, we may take steps to verify your identity before complying with the request.

You also have the right to complain to the ANPD about our collection and use of your personal data. For more information, please contact the ANPD.

  • Modifications to this Policy

 

We will modify this Policy if our privacy practices change. We will notify you of such changes by posting the modified version on our Website and indicating the date it was last modified, and, if the changes are significant, we will provide a more prominent notice (including by email in certain instances). The date this Policy was last modified is at the top of this page. Please periodically review this Policy so that you are familiar with the current Policy and aware of any changes.

  • For California Users

 

If you are a user in California, the Company’s Privacy Notice for California Consumers at […] applies to you.

 

We will not share any personal data with third-parties for their direct marketing purposes to the extent prohibited by the CCPA. If our practices change, we will do so in accordance with applicable laws and will notify you in advance.

 

  • Questions

 

If you have any questions concerning this Policy or the Services, please contact us at +1 805-628-4196. You can also contact us at our contact office (H-4024 Debrecen, Kossuth utca 42. II. em. 5., Hungary).