Privacy Policy Amicara

1. General provisions

1. 1 Introduction. We give a special emphasis on the protection of the personal data of our clients and other individuals who provide us with their personal data. This privacy policy (hereinafter referred to as “Privacy Policy”) is providing you with the necessary information on how we, Uniqverse Pro s.r.o., ID No. 02878658, with its registered seat in Rybalkova 1433/14, Vinohrady, 120 00 Prague 2, Czech Republic, are receiving, storing and further processing your personal data as a controller of personal data in relation to provision of our services (hereinafter referred to as “Services”) through Amicara mobile application (hereinafter referred to as the “App”), our website www.amicara.ai (hereinafter referred to as “Site”) or by any other means. 

1. 2 App. The App helps users handle family crises and aids with divorces and breakups. The App is not, however, a medical device and we do not provide health services according to applicable legislation.

1. 3 Scope. This Privacy Policy explains and informs you on (i) how we collect and process your personal data, (ii) your rights and the means by which you may exercise them.

1. 4 Acquaintance. We recommend you get fully acquainted with this Privacy Policy. By using our Services and by providing us with your personal data you confirm that you have been informed about our usage of your personal data, as stated in this Privacy Policy and relevant privacy notices.

1. 5 Applicable Legislation. This Privacy Policy provides you with the information that follows from Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (hereinafter referred to as “GDPR”).

2. Contact details of the controller

2.1 Contact Details. You can reach us directly at our amicara@tkcgroup.cz address (hereinafter referred to as “Contact Details”).

2. 2 Data Protection Officer. We have appointed an external data protection officer for you to contact if you have any questions or concerns about our personal data policies or practices. You may contact the DPO at dpo.amicara@tkcgroup.cz.

3. Terms and definitions

3. 1 Personal data - means any information relating to an identified or identifiable natural person. An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, surname, date of birth, location data, and email.

3. 2 Processing of personal data - means any operation or set of operations which is performed on your personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

3. 3 Controller - means 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 Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law. 

3. 4 Processor - means a natural or legal person, public authority, agency or other body that processes personal data on behalf of the controller.

3. 5 Purpose - means the reason why the controller is processing your personal data.

3. 6 Cookies – a cookie is a small piece of data (text file) that a website (site) – when visited by a user (you) – asks your browser to store on your device in order to remember information about you, such as your language preference or login information. The cookies we use may be divided as those used by us as first-party cookies (technical cookies) which are necessary to provide you with the functionality of the Site and third-party cookies – which are cookies from a different domain (used for advertising and marketing purposes). This also includes other techniques that work in a similar way. Read more in the Cookies policy.

3. 7 Recipient – the person that receives the personal data.

3. 8 Third party – means 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.

3. 9 Consent – means any freely given, specific, informed and unambiguous indication of your wishes by which, by a statement or by clear affirmative action, you signify agreement to the processing of personal data relating to you.

4. Data processed, purposes, manner and period of processing of personal data

4. 1 Scope of personal data processed.

4. 1. 1 Sources of personal data. We receive your personal data from various sources, in particular:
● when you register on our Site or in the App;
● when you use our Services (via the App, Site or Email).

4. 1. 2 Data collected. We only process such personal data that are provided to us by you via the sources described above. In particular, we process the following personal data:
● Registration data: name and surname, email, telephone number, password, sex, number of children, marital status, pets and education.
● Conversation data: all data provided by you within the conversations while using the Services, such as information about your partnership relationship, current struggles, including data about third persons. 
● Sensitive data: you may decide to provide us, within the conversations while using the Services, with personal data about your health, sexual orientation and sexual life, racial or ethnic origin, religious beliefs and other data according to Art. 9 of the GDPR, or data related to criminal convictions and offences according to Art. 10 of the GDPR.
● Cookies data: When you access or use the Site or the App, we may use cookies and other tracking techniques to automatically collect the following information: device information (hardware model, information about the operating system and its version, unique device identifiers, mobile network information, device storage information), location information (IP address, time zone, information about your mobile service provider), usage data (including, among others: frequency of use, areas and features of our Site or App you visit, your general use patterns, engagement with particular features).

4. 1. 3 Purpose, grounds and duration of the processing. We process your personal data for the following purposes:
● Provision of Services. We process the personal data described above for the purpose of providing you with the Services, such as conducting conversations. This may also include transfers of your personal data to emergency line operators or national authorities according to the Amicara Terms of Use. We process these personal data for the duration of the contractual relationship we have with you, or until the history of conversations is deleted. For this purpose, processing of your personal data is necessary for the performance of the contract and processing of your sensitive data is based on your consent.
● Further development of the Services with the use of sensitive data. With your consent, we use your personal data, including Sensitive data, to develop our Services and improve conducting of conversations. The legal ground and the exception allowing for the use of sensitive data is your consent. For this purpose, we process your personal data for the period of 5 years since their collection, but under no circumstances for longer period than until the consent is withdrawn. 
● Further development of the Services without the use of sensitive data. We also use some personal data, excluding your sensitive data, to improve our Services, Site and App, especially to train the AI algorithms that run the Site and App to make your experience with our Services even more enjoyable on the basis of the legitimate interest consisting in the further improvement of our Services for the period of 2 years since the collection of your personal data. 
● Performance of general legal obligations. We also process your registration data in accordance with the relevant accounting acts or acts on value-added tax, as we are obliged to store those data for a certain time period (this specific time period may differ according to the applicable law in each country). If there is such a legal obligation, we store the documents concerned together with your personal data for the time period as stated by the applicable law.
● Protection of our rights and legitimate interests. Further, we process your personal data described above on the basis of our legitimate interest consisting in the recovery of our claims against you and/or to protect and enforce our claims, and the exception for processing your sensitive data is establishment, exercise or defence of our legal claims. For this purpose, we process your personal data for the period of time corresponding to the statutory limitation period.
● Promotion of the Services and our other products. If you use the Services, we also use your personal data described above, with the exception of sensitive data, to promote our products and services, including sending of promotional communications. Legal ground for this processing is our legitimate interest in the promotion of our activities and we process your personal data for the duration of the contractual relationship and for the additional period of 2 years.
Operation of the Site and App and their security (Functional Cookies). We process your Cookies data, which are necessary for the operation of our Site and App, including their presentation, their functionality and ensuring your safety. Within this purpose, we identify you as a visitor during the browsing or during repeated logins on the Site and in the App. The legal ground for such processing is our legitimate interest in due functionality and operation of our Site and App. We generally retain your personal data for up to 2 years after your visit to our Site and App.
Promotion and marketing on our Site and in the App (Marketing Cookies). We process your Cookies data, which are necessary for targeting and showing our advertisement (marketing cookies), while your data may also be transferred to third parties. Within this purpose, we promote and market products and services on the Site and in the App and show you marketing communication related to products and services you expressed your interest in and we promote our brand through online promotion, while your data may also be transferred to third parties. The legal ground for processing in this case is therefore your consent, given through the Cookies sidebar. We retain your data for the duration of your consent but in any case, no longer than 2 years from receiving your consent.
● Analysis of website visits (Analytics Cookies). We also process your Cookies data necessary for analysis of visits to our website (analytics cookies). Within this purpose, we monitor traffic on our Site and in the App, optimize our Site and App, ensure the security of your data and make our Site and App more seamless and user-friendly; your data may also be transferred to third parties. We process your data based on your consent, which you gave to us through the Cookies sidebar. We retain your data for the duration of your consent but in any case, no longer than 2 years from receiving your consent.

4. 2 Cookies

4. 2. 1 While using our Site and the App we may process your personal data (Cookies data) via Cookies and other tracking technologies. Cookies are small text files stored in your web browser that allows us or a third party to recognise you. Cookies can be used to collect, store and share bits of information about your activities across websites, including our Site and the App. This also applies to other similar technologies used for this purpose.​

4. 2. 2 We use the following cookies:​
● Technical cookies are necessary to ensure the correct function of the Site;
● Third-party cookies – tracking cookies, analytical/targeting cookies.  

4. 2. 3 You can agreement with or reject the use of all of the cookies or only some of the cookies. Rejecting the use of cookies may have a negative effect on the functionality of the websites, including the Site. You may adjust your choice regarding the cookies anytime or you may erase them from your electronic device at any time. Detailed information regarding cookies is provided on the website of the relevant web browser provider. Read more about the Cookies policy.

4. 2. 4 Data Anonymisation. We will anonymise the data processed for the purposes defined above during the processing. The anonymised data cannot be linked, without taking additional steps, to any individual to whom such data may relate. Anonymised data will be used especially for the further development of the Services and increasing accuracy of recommendations. Appropriate technical and organizational measures are used to safeguard individuals’ rights and freedoms and to prevent any reidentification of data subjects. We will not try to re-identity the individual to whom the anonymised data relates.

4. 3 Means of data processing. Your personal data are processed, in the scope and for the purposes described above, by automated means, which also includes using statistical methods. In certain cases, we may also process your personal data manually. ​

4. 4 Personal data concerning children. We do not knowingly collect or solicit personal data from anyone under the age of 16. If you are under 16, please do not attempt to register at our Site, apply for our Services or send any personal data.​

4. 5 Consequences of the failure to provide data. The provision of your personal data is a requirement necessary to enter into a contract for the provision of our Services. Unless your personal data is provided, we cannot provide you with our Services.

5. Transfer of personal data to third parties and the recipients of personal data

5. 1 Data Transfers. We are authorised to transfer the personal data we collect by the means described above to third parties who provide certain services relating to the provision of our Services, including the operation of an AI chatbot, administration or IT support, organisation and storage of the personal data etc. Further, we may transfer the personal data to emergency line operators or government authorities in accordance with the Amicara Terms of Use. These entities are in the position of processors or controllers of your personal data.

5. 2  Recipients. We may share the personal data collected in particular with the following recipients:
● our suppliers of IT systems and providers of the AI chatbot, who may have in specific cases access to your personal data and act as data processors;
● our external providers of accounting services who are essential for fulfilling our legal obligations and act as data processors;
● our external providers of legal services who are essential for the enforcement of our claims and for protection of our legal entitlements and act as data processors or data controllers; and
● emergency line operators or government authorities in accordance with the Amicara Terms of Use who act as data controllers.

 5. 3 Adequate level of security. We guarantee that we have concluded a contract on the processing of personal data with the processors, who ensure the same level of security of your personal data as described in this Privacy Policy. We also aim to ensure that all controllers, with which we share any personal data, ensure adequate security of the personal data processed. In the event that personal data is transferred outside the European Economic Area, which is particularly true in relation to the operator of the AI chatbot, OpenAI OpCo, LLC (USA), we ensure that in all cases a sufficient level of protection of such personal data transferred is ensured in accordance with the GDPR.​

5. 4 Confidentiality and exceptions. We, including the processors and controllers, are obliged to keep all personal data confidential. The exception is our obligation to report your personal data to the designated public authorities and other entities who may request such personal data by law (i.e. the Police, Tax Authority etc.).

6. Security of your personal data

6. 1 Security measures and policies. We have introduced to our system such necessary technical and organizational measures of internal control and information safety processes that follow best practice and correspond to the potential risk. At the same time, we take into consideration future technological progress in order to protect your personal data from unauthorised disclosure, access or loss. These measures include, but are not limited to, employees’ data protection training, regular data backups, data recovery procedures, and mechanisms ensuring liability for any infringement of protected data, as well as software and hardware protection.

7. Your rights

7. 1  Information provided. If you exercise a right pursuant to this this Article 7 of the Privacy Policy or in accordance with other applicable legal provision, we will inform about the measures adopted with regard to your personal data every recipient who is processing such data, if the communication to the recipient is possible and/or does not require unreasonable effort.

7. 2 Exercising the rights. If you wish to exercise your rights or to receive the relevant information, contact us via one of our Contact Details. When you contact us, we have to ask you to provide us with your identification information or other personal data which you have provided us earlier. The provision of such information is necessary to verify that you are indeed the person who has actually sent the request. We will provide you with the answer no later than one month after receiving such request, where we retain the right to extend this time period by two months.​

7. 3 Your rights. In accordance with the applicable laws and regulations, you may request access to the personal data, which we, as the personal data controller, process; you also have the right to rectification, right to erasure and right to data portability, right to lodge a complaint with a supervisory authority, right to restriction of processing and right to object to processing. You may withdraw your consent to the processing of personal data at any time.​

7. 4 Rectification of your personal data. In accordance with the GDPR, you have the right to rectification of any inaccurate or incomplete personal data that we process relating to you. If you wish to rectify any of your personal data, you may contact us with a request using our Contact Details. We accept measures to ensure that your personal data is up-to-date and correct. You may contact us with a request at any time as long as we still process your personal data.

7. 5 Erasure of your personal data. You may request erasure of your personal data at any time. After you contact us with such a request and if any of the grounds for erasure of your personal data applies, we will erase the relevant personal data from our databases without undue delay, unless we process your personal data on grounds of our legal obligations or the establishment, exercise or defence of our legal claims.

7. 6 Withdrawal of the consent to the personal data processing. You may withdraw the consent to the personal data processing that you granted us at any time without giving us any reason. If you want to withdraw your consent let us know using our Contact Details. Please take into account that the withdrawal of the consent does not affect the lawfulness of processing based on the given consent before its withdrawal.

7. 7 Access and portability of your personal data. You have the right to receive information about processing of your personal data and to receive a copy of your personal data processed by us. If requested by you, we can transmit all your personal data provided by you (processed by automated means on the basis of a contract or your consent) or only a part thereof directly to a third party (another controller of personal data) identified in your request for the transfer of personal data, if such request will not adversely affect the rights and freedoms of other persons and will be technically feasible.​

7. 8 Restriction of the processing. If you request restriction of processing of your personal data, especially if you have doubts as to the accuracy, lawfulness or our need to process your personal data, we will assess your request and we may restrict the processing of your personal data to the minimum necessary extent (processing for assessment, enforcement or defence of our legal claims or for protection of the right of another natural or legal person or for other reasons). However, if the restriction of processing is lifted and we continue to process your personal data, we will inform you accordingly without undue delay.

7. 9 Objection to processing. You have the right to object to processing of your personal data, on grounds relating to your particular situation, at any time, if this processing is based on our legitimate interest. We will no longer process your personal data unless we are able to demonstrate compelling legitimate grounds for the processing or if the processing does not relate to direct marketing purposes.

7. 10 A complaint with the Office for Personal Data Protection. You have the right to lodge a complaint regarding our processing of personal data with the Czech Office for Personal Data Protection, with its registered office at Pplk. Sochora 27, 170 00 Prague 7, Czechia, website: https://www.uoou.cz/.

8. Privacy Policy updating

 8. 1  Updates. We continuously update this Privacy Policy. Any change to this Privacy Policy is effective after it is made public on the following website: www.amicara.ai

Questions and comments

If you have any comments or questions regarding any part of this Privacy Policy, require support, or have any claims, please contact us at amicara@tkcgroup.cz