PRIVACY POLICY

PRIVACY POLICY OF
Jake&James Accounting s.r.o.

This Privacy Policy (hereinafter the “Policy”) informs you about the manner in which Jake&James Accounting s.r.o., registered office at Dlouhá 730/35, Staré Město, 110 00 Prague, company registration no. 022 21 977 (hereinafter “Jake&James” or the “Company“) obtains, stores and further processes your personal data related to your employment or other relationship to the Company.


1. GENERAL PROVISIONS

This Policy on personal data processing under the Regulation (EU) of the European Parliament and of the Council No. 2016/679 of 27 April 2016 (hereinafter the “GDPR”) is aimed to inform you on which personal data of natural persons the Company, as the data controller, processes in the provision of its services/goods and for what purposes and for how long the Company processes such data under relevant legislation, to whom and for what reasons can it hand over such data, as well as to inform about the rights of natural persons concerning the processing of their personal data and how to exercise these rights.

This Policy relates to processing of personal data of our customers, i.e. you, if you are a natural person, and/or of your employees or body members if you are a legal person, or of visitors to the Company’s website, in each case within the extent of personal data corresponding to your position in relation to the Company. All services provided by us are intended for you as our Client who is acting within their commercial or other entrepreneurial activity and/or in the exercise of their profession on behalf of their employer who is our Client (hereinafter the “Client” or “You/Your”).

This Policy is effective as of 1 May 2019 and is issued in accordance with the GDPR in order to ensure the Company’s duty to provide information as a controller under Art. 13 of the GDPR.


2. DATA CONTROLLER

The Company is the data controller of Your personal data; current contact details are available in contacts.


3. DATA PROTECTION OFFICER

The Company is not obliged to appoint a data protection officer. No data protection officer has been appointed in the Company.

Jake&James, as the data controller, can be contacted directly at the following address:

Jake&James Accounting s.r.o.
Revoluční 763/15
110 00 Praha
Tel.: +420 226 224 724
E-mail: info@jake-james.cz


4. CATEGORIES OF PERSONAL DATA PROCESSED BY JAKE&JAMES

Personal data include any information relating to a natural person, i.e. You, which enables the Company to identify You. In connection with the provision of services, the Company may process the following categories of personal data.


4.1 BASIC PERSONAL IDENTIFICATION DATA

This category includes such data that are necessary for the conclusion and fulfilment of a contract with You, namely the following personal data:

• university degree;
• name and surname;
• date of birth;
• birth number;
• maiden name;
• personal data relating to the customer’s identity documents (passport, ID card, driving licence etc.) – this includes processing the no. of such identity document, the authority that issued the document and the document’s validity;
• Your job position (if You are ordering our services/goods as a company representative);
• Your position as a body of the company who is our Client;
• company registration number, VAT identification number;
• payment data; and
• signature.

4.2 CONTACT DATA

This category includes the following personal data:

• name and surname;
• e-mail;
• phone number; and
• shipping address.

4.3 PAYMENT DATA RELATING TO THE SERVICE PROVIDED

This category includes the following personal data:

• bank account number data;
• data on payments made;
• tax documents.

4.4 PERSONAL DATA PROCESSED IN RELATION TO THE ESTABLISHMENT OF SO-CALLED READY-MADE COMPANIES

This category includes such data which are necessary for the conclusion and fulfilment of a contract with You and which are required under the Act No. 253/2008 Coll., on selected measures against legitimisation of proceeds of crime and financing of terrorism (hereinafter the “AML Act”), namely the following personal data:

• name and surname;
• date of birth;
• birth number;
• maiden name;
• personal data relating to the customer’s identity documents (passport, ID card, driving licence etc.) – this includes processing the no. of such identity document, the authority that issued the document and the document’s validity;
• Your position as a body of the company who is our Client.

4.5 RECORDS OF E-MAIL AND WRITTEN COMMUNICATION

This category includes in particular personal data included in e-mail and written communication with the Client.


5. PURPOSE, PERIOD, AND LEGAL GROUNDS FOR PROCESSING OF PERSONAL DATA

5.1 PROCESSING DUE TO THE PERFORMANCE OF THE CONTRACT, FULFILMENT OF LEGAL OBLIGATIONS AND DUE TO LEGITIMATE INTERESTS OF THE COMPANY

5.1.1 PROCESSING OF PERSONAL DATA IN THE PERFORMANCE OF A CONTRACTUAL OBLIGATION

In order for the Company to be able to provide its services to You, it needs to know Your personal data which it has to process subsequently. We process Your personal data mainly for the purpose of concluding and fulfilling a contract for the provision of services, which is concluded between the Client and the Company, where the legal title for the processing is the performance of the contract. For these purposes, personal data are processed within the scope of the Basic Personal Identification Data as defined in Art. 4.1 of this Policy.

We obtain personal data processed in this manner from You directly upon conclusion of a contract for the provision of services, as well as before concluding such contract, during negotiations on its content.

These personal data are processed by the Company only for the period of the contractual relationship between the Client and the Company and then for the general limitation period following the termination of the contractual relationship between You and the Company.

5.1.2 PROCESSING OF PERSONAL DATA IN THE PERFORMANCE OF A LEGAL OBLIGATION

In the provision of its services, the Company is obliged to meet the obligation arising from the following legal provisions: the Act No. 563/1991 Coll., on accounting (hereinafter the “AoA”); the Act No. 586/1992 Coll., on income tax (hereinafter the “AIT”); the Act No. 235/2004 Coll., on value added tax (hereinafter the “AVAT”); and the AML Act.

Certain personal data may be listed in tax documents (i.e. invoices or other documents) or documents related to the establishment of a company. Based on the following acts: the AML Act, the AoA, the AIT or the AVAT, the Company is obliged to keep these documents for up to 10 years. Therefore, if the Company has a legal obligation to archive such documents, they include Your personal data listed in the respective document.

5.1.3 PROCESSING OF PERSONAL DATA ON THE BASIS OF A LEGITIMATE INTEREST

If You are late with payment, do not fulfil Your obligation or we do not receive the payment from You at all, or if we have suffered other damage or injury on Your part, we can also process the personal data based on a legitimate interest in the recovery of our claims and/or the determination, protection, and enforcement of the Company’s legal claims. For this purpose, we can keep Your personal data for the limitation period under the Act No. 89/2012 Coll., the Civil Code.

5.1.4 PROCESSING OF PERSONAL DATA ON THE BASIS OF YOUR CONSENT

In principle, the Company processes Your personal data when required by law, when the processing of data is necessary for the performance of a contract, or when it occurs on the basis of a legitimate interest of the Company. We only exceptionally process personal data on the basis of Your consent, in accordance with the purpose and for the period specified in such consent.


6. THIRD PARTIES TO WHICH WE TRANSMIT PERSONAL DATA

The Company uses professional and specialized services of other entities in fulfilling its obligations and duties under contracts. If these suppliers process personal data transmitted by the Company, they have the status of data processors and process personal data only according to the instructions of the Company and may not use them otherwise.

These parties include in particular:

• external legal professional if necessary for the recovery of claims or for the protection of our legitimate interests;
• external providers of accounting and tax services;
• external providers of IT system, computer network and hardware management services;
• cookies that we process when You visit our website; for more information on what cookies we process and how, please visit the Cookies section on our website.

We have concluded personal data processing agreements with the processors of personal data listed in to the previous paragraph which guarantee at least the same level of protection of Your personal data as this Privacy Policy.

Within fulfilment of its legal obligations, the Company transmits Your personal data to the administrative authorities and bodies specified by applicable legislation.


7. PERSONAL DATA SECURITY

The Company has established and maintains appropriate necessary technical and organizational measures, internal controls, and information security processes in accordance with the best care of users and with respect to their rights corresponding to the potential risk to data subjects. It also takes into account the state of technological development in order to protect personal data from accidental loss, destruction, alteration, unauthorized disclosure or access. These measures may include, inter alia, taking appropriate steps to ensure the accountability of employees who have access to sensitive data and documents, employee training, regular backups, data recovery and incident management procedures, software protection of devices storing personal data and more.

Employees of the Company are bound by confidentiality obligation of all facts concerning You, even after the termination of their employment. A signed Declaration of Confidentiality is included in the employment contract of each employee of the Company.


8. YOUR RIGHTS TO PERSONAL DATA

If You exercise any of Your rights under this Art. 8 or under applicable law, we shall inform each recipient to whom Your personal data were provided in accordance with Art. 6 of this Policy of the measure taken or of the deletion of such data or restrictions on their processing in accordance with Your request, if providing such information is possible and/or does not require disproportionate effort.

If You wish to exercise these rights and/or obtain relevant information, You can contact us by e-mail to info@jake-james.cz or in writing to the address of the Company’s registered office.

If You exercise Your rights, we may require You to provide some identifying information that You have provided to us. The provision of such information is necessary to verify that the relevant request has actually been sent by You. We will reply to You within one month of receiving Your request, however, we reserve the right to extend this period by two months.

8.1 THE RIGHT TO ACCESS PERSONAL DATA

Under Art. 15 of the GDPR You have the right to access Your personal data which includes Your right to obtain from the Company:

• confirmation of whether it processes Your personal data;
• information on the purposes of processing, categories of personal data concerned, recipients to whom the personal data are or will be made available, planned processing time, existence of the right to request the Company to correct or delete personal data relating to Your personal data or to restrict their processing or object to such processing, the right to lodge a complaint with the supervisory authority, on all available information on the source of personal data unless they are obtained from the data subject, on the usage of automated decision-making, including profiling, and on appropriate safeguards for data transfers outside the EU,

a copy of personal data unless it adversely affects rights and freedoms of other persons. In case of a repeated request, the Company shall be entitled to charge a reasonable fee for a copy of personal data.

8.2 THE RIGHT TO HAVE INACCURATE DATA CORRECTED

Under Art. 16 of the GDPR You have the right to have inaccurate data, which the Company processes about You, corrected. The user is also obliged to notify any changes in his personal data and to prove that such change has occurred. They are also obliged to cooperate with the Company if it is found that the personal data it processes about them are inaccurate. We shall carry out the correction without undue delay, however with regard to technical options available.

8.3 THE RIGHT TO DELETION OF PERSONAL DATA

Under Art. 17 of the GDPR You have the right to have Your personal data deleted unless the Company provides legitimate reasons for processing of such personal data. The company has mechanisms in place to ensure automatic anonymization or deletion of personal data if they are no longer required for the purpose for which they were processed.

8.4 THE RIGHT TO RESTRICT PROCESSING

Under Art. 18 of the GDPR, the data subject shall have the right to restrict the processing until their complaint has been resolved, if they deny the accuracy of personal data, the reasons for their processing or if they object to their processing.

8.5 THE RIGHT TO DATA PORTABILITY

Under Art. 20 of the GDPR You have the right to portability of data concerning You which You have provided to us, as the data controller, in a structured, commonly used and machine-readable format. You are also entitled to request us to hand over such data to another controller.

If the exercise of this right could adversely affect the rights and freedoms of third parties, we cannot comply with Your request.

8.6 THE RIGHT TO OBJECT TO DATA PROCESSING

Under Art. 21 of the GDPR You have the right to object to the processing of Your personal data by the Company.

Unless the Company provides a serious legitimate reason for processing which prevails over the interests or rights and freedoms of the data subject, the Company shall immediately terminate the processing on the basis of such objection.

8.7 THE RIGHT TO WITHDRAW CONSENT TO PROCESSING

You can withdraw Your consent to the processing of personal data You granted to the Company at any time. The withdrawal must be made by an express, comprehensible and specific expression of will, sent either in writing to the address of the Company’s registered office or to its e-mail address, info@jake-james.cz.

8.8 THE RIGHT TO CONTACT THE OFFICE FOR PERSONAL DATA PROTECTION

You have the right to lodge a complaint regarding our processing of Your personal data with the Office for Personal Data Protection, Pplk. Sochora 27, 170 00 Prague 7 Website of the Authority: www.uoou.cz.


9. PRIVACY POLICY UPDATES

We would like to inform You that we may modify or update this Privacy Policy. Any modifications to this Policy become effective upon their publication on the Company’s website.


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