Privacy Policy

This is a machine translation of the original Czech version of our Privacy policy, which you can refer to in case of any doubts.

This Privacy Policy (hereinafter referred to as "Policy") provides you with information about how BP Lumen s.r.o. obtains and processes personal data (i) of users of the Care.bike application (hereinafter also referred to as "Application"), which it operates, and visitors to the Care.bike website.

We also inform you of your rights in relation to the personal data processed.

When processing personal data, we are governed by legal regulations, in particular Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (hereinafter referred to as the "EU Regulation").

The processing of personal data always takes place in the context of our business activities and in accordance with the defined purpose of processing.

This document will be updated periodically if the need to update it arises. The updated version of the Policy is effective upon posting on the Care.bike website and the App.

We will protect your personal data to the maximum extent possible consistent with the technical level of resources available. BP Lumen s.r.o. has internal rules governing which employees may have access to your personal data and the extent to which they may process it.

We encourage you to read this information carefully. We have done our best to make them as clear as possible. If something is still not clear, we will be happy to explain any concept or passage to you.Please direct any questions to the contact person listed in point 1. below.

Our company does not intentionally collect personal information from persons under the age of 16. If you are under 16 years of age, please do not submit your personal information to us and if you wish to ask any questions or use the App, please ensure that your parent or other legal guardian does so on your behalf.

In addition to this document, the General Terms and Conditions for use of the Care.bike App are also available to you. .

1. Your Personal Data Report

The personal data controller is BP Lumen s.r.o., with registered office at Puškinova 546, 542 32 Úpice, ID No.: 05565375, registered in the Commercial Register maintained by the Regional Court in Hradec Králové, Section C, Insert 38057 (hereinafter referred to as the "Company"), which is also the operator of the Application.

Contact person of the Company: Lukáš Bárta, e-mail: info@care.bike.

The Company is not obliged to appoint a Data Protection Officer nor has it voluntarily appointed one.

The Data Controller collects and holds your personal data and is responsible for its proper and lawful processing. You may exercise your rights against the controller as set out below.

2. Data we process, purpose and reason for processing

We only process data to provide you with quality services related to the use of the Application and the use of the website operated by us.

If you find links to other web servers or applications on the Application and the Website, we are not responsible for the processing of your personal data by such web servers or applications, even though we select them with due care. Accordingly, this Policy does not apply to your use of such web servers or applications.

The application may be used by end users who are owners and users of the bicycles manufactured by us (see section 2.1. below) or by our business partners who sell the bicycles manufactured by us to end users, who service the bicycles or who provide related services and performance (if these business partners are natural persons engaged in business, then they are subject to the arrangements set out below in particular in section 2.2.)

We process your personal data in the following ways and for the purposes set out below:

2.1 Access to the Application by end-users, ensuring the operation of the Application (provision of a license to the Application to end-users)

a) Identification and contact details (conclusion of the contract or registration for the Application)

The basic identification data that we process about you for this purpose includes the data that you provide to us by filling it in when you register for the Application, namely:

  • first and last name;
  • email address;
  • password entered.

These data are part of the service contract or license agreement in the case of the Application and are required for the conclusion of the contract and, in the case of the Application, for its operation. Without providing them, we would not be able to grant you a license to use the Application and enable you to use it. By registering a user, a contract is entered into between us as the administrator and you as the user for the provision of the Application services and the granting of a licence to use the Application.

The reason (legal basis) why we process the data:

  • performance of a concluded contract (service contract, licence agreement) - we use this reason in accordance with Article 6(1)(b) of the EU Regulation.

b) Application Operation

In addition, the following operational data of a technical nature is processed during the operation of the Application, which our administrators need in order to be able to administer the Application or solve any technical problems:

  • IP address of the remote device;
  • number of operations that are performed in the Application;

As part of the operation of the Application, you may also receive system messages (such as messages related to password reset or confirmation of account creation in the Application) that are necessary to ensure the continued proper functioning of the Application and confirm your continued interest in using the Application.

In addition, the following personal data of registered users is processed to fulfil the purpose of the functioning of the Application:

  • first and last name;
  • email address;
  • details of ownership of the specific (e-)bike(s) including its parameters and its components, accessories and add-ons, serial number, unique QR code of the (e-)bike, photographs, details of service performed on the (e-)bike. If we did not have this information available, we would not be able to inform you about the necessary servicing operations on the (e-)bike and the service centre designated for these purposes, which is one of the basic benefits for users of the Application.

The registered user will also have access to information on how many people have owned the (e-)bike before him/her - however, this information will be completely anonymous, expressed only as a numerical indication of the number of previous owners of the bike in question, and information on the servicing performed.

The reason (legal basis) why we process the data:

  • performance of a concluded contract (we use this reason in accordance with Article 6(1)(b) of the EU Regulation).

c) Peer communication data

We process data about our communications with each other related to the use of the Application and the handling of claims and other claims, your questions, etc.

In the course of these communications, we process such personal data to the extent that you provide us with such personal data to fulfil the purpose you have requested (such personal data to enable us to respond to your suggestion - we will only use such personal data for this purpose):

  • first and last name;
  • email and telephone;
  • Number and VAT number in the case of a natural person doing business.

The reason (legal basis) why we process the data:

  • to deal with your requests in the provision of services, to deal with claims, complaints, etc. - i.e. acts related to the performance of a concluded contract (we use this reason in accordance with Article 6(1)(b) of the EU Regulation);
  • handling your requests when you express interest in accessing the Application (enquiries), i.e. we carry out pre-contractual measures at your request (we use this reason in accordance with Article 6(1)(b) of the EU Regulation).

d) General commercial offers and communications

If you have installed the Application, thereby using its services, and you have not expressed your opposition to receiving commercial communications during the installation process or later, we are entitled in accordance with Article 6(1)(f) of the EU Regulation (i.e. the legitimate interest of our Company in being able to use direct marketing) and in accordance with Section 7(3) of Act No. 480/2004 Coll, on Certain Information Society Services, to send you, even without your prior consent, messages containing commercial communications concerning our own identical or similar services to the e-mail you have provided or within the Application. In particular, this will include invitations to service your purchased bicycle or offers of suitable servicing work, offers of parts, accessories or accessories for the purchased product, or offers of newly manufactured bicycles. Messages delivered within the Application will be stored in your mailbox so that you can read them at any time.

However, we will not send you these commercial messages at all if you have already indicated when you install the Application that you do not want to receive them. We will also not send you these communications if you have not used the Application for more than 5 years, if your customer account on the Application is cancelled, or if you decline to receive commercial communications.

If there is a transfer of ownership of an (e-)wheel registered on the App, we are entitled to continue to send you commercial communications for a period of 1 year on the grounds of legitimate interest, provided that such commercial communications will include in particular offers for our new products or promotional offers for our products that may be of interest to you.

You will also have the option to refuse further receipt of these commercial communications within each email (message to the App) you receive, where we will always explicitly notify you of this fact. At the same time, you will have a clear and distinct possibility to refuse further receipt of these offers in a simple and free way (any form of reply to the sent email, e.g. in the form of a "DO NOT SEND" text, is sufficient).

Furthermore, we would like to explicitly inform you of your right to object to the processing of your personal data on the grounds of the so-called legitimate interest of our Company in accordance with Article 21 of the EU Regulation. If you object to the processing of your personal data for direct marketing purposes (i.e. sending marketing communications without your consent), this is also a reason for us not to continue sending you commercial communications.

2.2 Access to the Application by business partners - natural entrepreneurs, ensuring the operation of the Application (provision of a license to the Application)

Our business partners also have separate access to the Application (separate from end users). If it is a natural business person, then we process the following personal data about such person:

  • first and last name;
  • email address;
  • Application access password;
  • Number (or VAT number);
  • details of the place of business.

These data are part of the service contract or license agreement in the case of the Application and are required for the possibility of concluding the contract and, in the case of the Application, for its operation. Without providing them, we would not be able to grant you a license to use the Application and enable you to use it. By registering as a business partner on the Application, you enter into an agreement to provide the Application services and to grant a licence to use the Application.

Reason (legal basis) why we process the data:

  • performance of a concluded contract (service contract, licence agreement) - we use this reason in accordance with Article 6(1)(b) of the EU Regulation.

The other information that will be processed in the Application is not personal data and is purely commercial data between the business partner and us as a manufacturer of (e-)bikes.

2.3 Using the website

If you visit our Care.bike website, we will process certain technical information about you (such as your IP address) to enable us to provide you with access to and manage the features of our online services. Our technical staff need this information for the purposes of administering the website and any technical troubleshooting and development.

Reason (legal basis) why we process the data:

  • the legitimate interest of our company (we use this reason in accordance with Article 6(1)(f) of the EU Regulation).

We will only use the cookies used by the website to the extent that you yourself expressly agree to on this website.

2.4 Closing and fulfilling customer-supplier relationships

For the proper functioning of our Company, we need to enter into such customer-supplier relationships that are related to our business activities (e.g. contracts with sellers of our manufactured goods - legal entities, external IT service providers, legal advisors, etc.).

The sellers of our goods (retailers) do not pass on any personal data of end customers to us, nor does our company pass on personal data of customers who purchase goods directly from the manufacturer to the sellers.

For these purposes, we only process a minimum amount of personal data (if provided to us, then identification and contact data such as name and surname, residence, e-mail or telephone number or VAT number of the natural person) that is directly related to the contractual relationship and its performance.

In this context, we only store personal data for the duration of the contractual relationship (or for the fulfilment of legal obligations arising in particular from tax or accounting legislation).

The reason (legal basis) why we process the data:

  • performance of a concluded contract (in accordance with Article 6(1)(b) of the EU Regulation)

2.5 Accounting and Taxation

We collect your identification and transactional data (in particular, monetary payments made for services provided/received) in order to fulfil our accounting and tax obligations imposed by applicable legislation (in particular the Accounting Act and the Value Added Tax Act). This includes the data provided on invoices, delivery notes, payment receipts.

Therefore, if we are obliged by law to keep these documents, we keep your personal data that must be included on the documents together with them.

This purpose applies to all contractual relationships referred to in this Policy.

The reason (legal basis) why we process the data:

  • to comply with legal obligations (we use this reason in accordance with Article 6(1)(c) of the EU Regulation)

2.6 Exercise (or defence) of rights

Should a dispute arise between our Company and you, we will process your personal data necessary to defend our legal claims in connection with the dispute until the dispute is resolved. In this context, we process basic identification data (name, surname, date of birth, place of residence), data on the contractual relationship in dispute, data on payments made, and data from mutual communications, data on legal actions taken and their results.

Furthermore, we expressly draw your attention to your right to object to the processing of your personal data on the grounds of the so-called legitimate interest of our Company in accordance with Article 21 of the EU Regulation.

If you raise this objection to the processing of your personal data (you can use the form provided), we will deal with it in accordance with the EU Regulation.

Reason (legal basis) why we process the data:

  • the processing is necessary for the legitimate interests of our company in defending our claims (we use this reason in accordance with Article 6(1)(f) of the EU Regulation).

2.7 Newsletter - communication by consent

If you have not become our customer and thus the conditions for sending commercial communications without your consent are not met (see section 2.1(d) above) or you have subsequently decided that you are interested in receiving the newsletter, you can subscribe to it via the web form or via the Application. In this case, we may only send you the newsletter and process your email address for this purpose with your prior consent. The text of the consent to receive the newsletter, as well as the other conditions related to the consent granted, is available on Care.bike or on the App.

We will only start processing personal data (email) after you have filled in your newsletter email in the relevant web form, consented to the processing of this personal data and subsequently activated and confirmed the newsletter subscription according to the instructions contained in the email message received. If the newsletter subscription is not confirmed in accordance with the instructions contained in the received email message within 14 days, the entered email will be deleted without undue delay.

If you do not give us your consent, the only consequence is that you will not be sent information about new developments in our services or products. The quality of other services provided by the Company is not affected in any way.

Reason (legal basis) why we process the data:

  • The legal basis for sending the newsletter in this case is therefore your consent in accordance with Article 6(1)(a) of the EU Regulation.

3. How long do we keep your data?

We process personal data for the minimum period for which we are required to process personal data. Specifically, in relation to the activities defined above (see point 2 of the Policy), these periods are as follows:

a) Care.bike application

If your registration in the Application is terminated (or you do not reset your password following a prompt in a system message or do not confirm the creation of an account in the Application), we will delete or convert to anonymous form any personal data you provided to us when registering the Application, except for data whose retention is permitted by applicable legislation (for the exercise of rights arising from defects in the services provided or for the fulfilment of legal obligations arising in particular from legislation of a tax or accounting nature). However, the personal data will not be deleted before 3 years (due to the general limitation period for civil law claims, if any), unless otherwise provided for in this Policy or in the legislation in force in a particular case.

b) Use of the Website

We process personal data for a period of 3 years from the date of collection.

c) Conclusion and performance of supplier-customer relationships

We process personal data for the duration of the contractual relationship that is the reason for processing the personal data and any period for exercising rights arising from defects in the performance provided (or for the performance of legal obligations arising in particular from tax or accounting legislation).

d) Accounting and taxation

We process personal data for a period of 5 years from the date of the taxable transaction, unless in some cases a longer period is required by legislation.

e) Exercise (or defence) of rights

We process personal data until the dispute is resolved and for one year thereafter.

f) Direct marketing

We process personal data for as long as the legitimate interest lasts.

g) Newsletter - communication based on consent

We process personal data for a period of 5 years after consent has been granted or until it is withdrawn.

After the expiry of the above periods, the personal data will be deleted/anonymised within 1 month; however, not if we still need it after this period for other purposes, e.g. to defend our claims (i.e. to resolve a dispute) or for other legal reasons (e.g. to comply with accounting and tax obligations).

4.Personal Data Sources

We only process personal data that we have received or obtained from you in the course of communicating with you in the course of dealing with your requests or in connection with your activities relating to the fulfilment of orders for goods and services.

We do not seek or process personal data about you from public sources.

5.Recipients of personal data

As a matter of principle, we manage your personal data within the Company and do not pass it on to third parties unless it is strictly necessary. Such a need may arise in the case of external suppliers/service providers such as IT service providers, legal services, web services. In this case, contractual relationships are entered into with these entities - data processors - which contractually ensure the security of the personal data transferred in accordance with the EU Regulation. The headquarters of IT service providers are located principally within the EU and personal data are not transferred outside the EU.

Certain government authorities are entitled to request information about you on an ad hoc basis in order to fulfil their legal obligations (e.g. Czech Police, financial control authorities). We only provide data if the authority to request such data is permitted by law.

6.What are your rights?

Right of access to personal data

You have the right to access all personal data processed. At your request, we will provide a copy of the personal data processed in a machine-readable format, or we will allow you to view the concluded contract and other documents stored with it.

Right to rectification of personal data

You have the right to have your personal data changed (or incorrect data found for any other reason) corrected. We will make the correction once we can verify the changed data (e.g. from a new identity document).

Right to erasure of personal data

You have the right to have your personal data erased if we have processed it unlawfully. You can also delete your personal data by logging into your account on the App.

Right to restrict the processing of personal data

You have the right to block your personal data under the conditions set out in Article 18 of the EU Regulation (in particular if an objection is raised, there is a dispute about the lawfulness of the processing).

Right to portability of personal data

You have the right to have us provide you with the automated personal data processed in a structured, commonly used and machine-readable format or, where technically feasible, to transfer the data to another controller.

Right to withdraw consent

If you have given us consent to process your personal data for specified purposes, you have the right to withdraw this consent at any time.

Right not to be subject to automated decision-making

You have the right not to be subject to any decision based solely on automated processing, including profiling, which would have legal effects on you or significantly affect you. Our Company does not carry out any such automated decision-making or profiling.

Right to object

You have the right to object if the processing is based on our legitimate interest (defence of legal claims, direct marketing).

Right to complain

You have the right to contact our Company at any time with your complaint, or to file a complaint with the Office for Personal Data Protection, address: headquarters Pplk. Sochor 27, 170 00 Prague 7 or to seek judicial protection.

Method of exercising rights

In order to exercise your rights mentioned above, please contact the authorized person on the Company's side: Lukáš Bárta, e-mail: info@care.bike or you can exercise these rights personally when visiting the Company.

We are obliged to inform you free of charge of the measures taken without undue delay and in any case within one month of receipt of the request. This period may be extended by a further two months if necessary and in view of the complexity and number of requests. If we do not comply with your request, we will inform you without delay (within one month at the latest) of the reasons for not complying.

In some cases, as defined by legislation, we are not obliged to grant all or part of a request. This will be the case in particular if the request is manifestly unfounded or unreasonable, especially because it is repetitive. In such cases, we may (i) impose a reasonable fee taking into account the administrative costs or (ii) refuse to comply with the request.

If we receive a request but have reasonable doubt about the identity of the sender of the request, we may ask you to provide additional information necessary to confirm your identity

Copyright © 2022, Care.bike s.r.o.
All rights reserved.