The provisions of this section 4 do not apply to data subjects who have been specifically instructed in writing by elv.ai in accordance with Sections 19 and 20 of the Personal Data Protection Act, if the data subject has signed such instruction in their own handwriting, from the moment of such handwritten signature of the instruction.

4.1 Visitors to the ELV website. AI

elv.ai is the operator of the website located at www.elv.ai (hereinafter collectively referred to as the “Website“). 

4.1.1. What are cookies?

When you visit a website (including Our Company’s website) that uses cookies, a small text cookie is created on your computer. A cookie is a small text file that a website stores in the browser of your computer or mobile device (including tablets) when you visit the site. When you return to the same page in the future, a cookie allows you to connect more quickly, or allows the website to remember certain information about your browsing preferences, browser type, website preferences, etc.

You can control or delete cookies at your own discretion. You can delete any cookies stored on your computer, and most browsers can be set to prevent cookies from being stored. Instructions on how to delete or block all cookies, including erroneously placed cookies, can be found on the web pages of the web browsers.

4.1.2. Types of cookies and their purpose 

Our Company processes different types of cookies for different purposes, details of each cookie are contained in the pop-up window (bar) contained on our website, together with an explanation of the details of cookies.

4.1.3 Consent to the use (processing) of cookies

When you visit our website for the first time, you will see a pop-up (bar) explaining cookies. Within this bar, you can choose whether or not to accept the processing of different types of cookies by the website (with the exception of functional or necessary cookies, the processing of which does not require your consent). 

You can also disable the use of cookies at any time directly through your browser (see your browser settings for more information). If you refuse or disable the use of cookies, you can still use our website, but some features may not work properly.

We also remind you that you have rights in relation to cookies as described in section 2 of this document (above).

4.1.4. Categories of recipients

As part of the processing of personal data using cookies, we may work with third party service providers, particularly in the area of online marketing, who act as our intermediaries in this case; examples include Google LLC and Facebook Ireland Limited. 

Thus, if you have consented to the processing of cookies, for example for marketing purposes, we may share your user ID and related user profiles with third parties through advertising network providers. 

4.1.5. Processing time 

We will retain browsing information stored in accordance with cookie settings for the time necessary to fulfill the purpose for which it was collected, up to a maximum period specified directly in relation to individual cookies on our website. 

4.2. Client (or person interested in the product) and participant in the online discussions of the client

elv.ai product means any service provided by elv.ai and/or any goods sold by elv.ai. 

4.2.1. Purpose of personal data processing

The processing of your personal data is necessary for the conclusion and performance of a contract with you or the company you represent. Depending on how you choose to interact with us regarding your interest in Our Company’s product(s), we may also process personal data about visitors to our website (section 4.1 of this document) or physical locations.

Due to the ongoing need to develop our products, we process anonymized personal data from participants in online discussions with our clients (on our clients’ social networks or on other clients’ websites) in order to improve our product and develop background artificial intelligence.

Source of personal information. Personal contact information is provided to Our Company by the person interested in the product, voluntarily, or Our Company obtains it from publicly available sources (registers and databases of people interested in products similar to Our Company’s products).

The data of participants in online discussions are provided to us by our client who uses our company’s product(s).

4.2.2. Legal basis

We process your personal data only if we have a legal basis to do so. 

• This means that the processing must be necessary for the performance of a contract to which you or the company you represent are party, or to take steps upon request prior to entering into a contract (the legal basis is therefore a contract, including pre-contractual relations). We therefore process your personal data on the legal basis pursuant to Art. 6(6) 1 lit. b GDPR.
• In accordance with our legitimate interest, we may also use your data for the proper conduct of Our Company’s business activities, to provide you with information about our products, prospects and analyses that may be in your best interest, or to be able to perform necessary or required tasks arising from the business relationship you represent (the legal basis is therefore Our Company’s legitimate interest). t is also in our legitimate interest to develop and improve our products and the artificial intelligence that powers them. We process your personal data on the legal basis according to 6(6) 1 lit. f) GDPR.
• We are legally obliged to provide your personal data for inspection by authorized institutions and for the prevention, monitoring and evidence of fraud and other crimes (therefore, the legal basis is also the law in certain cases). Therefore, we process your personal data on the basis of Art. 6(6) 1 lit. c) GDPR.
• If we cannot apply any of the above legal bases and if it is necessary to achieve the purpose, we may ask you to give your consent to the processing of your personal data pursuant to Art. 6(6) 1 lit. a) GDPR.

lease note that where we process your personal data in the course of providing products as an intermediary, it is up to the relevant controller to determine the appropriate legal basis for processing your personal data for its own processing purposes and to inform you accordingly. Where we process your personal data as an intermediary, we do so on behalf of the controller, who is responsible for the correctness and lawfulness of the processing of your personal data.

4.2.3. Scope of personal data processing

elv.ai processes “basic personal data” to the extent necessary to fulfill the purposes indicated in point 4.2.1 of this document, and in particular to the following extent: 

• Name, surname, title
• Permanent address, correspondence address 
• Date of birth (if necessary to identify the client clearly and unambiguously, especially in the case of a written contract)
• Company registration number, VAT ID, VAT number
• Phone number, e-mail address
• Account numbers (for sending any contractual payments)
• Anonymous content of the client’s online discussions.

4.2.4. Categories of recipients

Personal data will be processed directly by our company, in written and electronic form. Personal data may be made available to entities authorized by specific regulations, in particular: law enforcement agencies, courts, bailiffs, etc.

Certain activities are carried out for Our Company by subcontractors.  In order to carry out these activities, it is necessary to disclose your personal data to such subcontractor to the extent necessary to carry out the subcontractor’s tasks. Such external subcontractors include, but are not limited to, external accounting, tax and other consulting firms, web hosting and server and/or data storage management companies, legal representatives, software solution and technical support providers, etc. Specific companies and activities may change according to elv.ai’s current needs. 

4.2.5. Transfer of personal data

Our Company tries to process your personal data mainly in the EU, but it may also process some personal data (e.g. name, surname and e-mail) through electronic systems and data storage facilities operated by persons (processors) outside the European Union. Our Company always verifies that they ensure the highest possible level of protection of personal data in accordance with the relevant legal requirements (i.e. they are part of the European Commission’s adequacy decision, e.g. part of the EU-US Privacy Shield program if they are located in the US, etc.).

4.2.6. Duration of personal data processing

Your personal data will be kept by Our Company for the time necessary to fulfill the purposes for which they were collected (see section 4.2.1 above), if we have a legitimate interest in keeping them, e.g. until the end of the contractual relationship, or even after the end of this relationship, if our legitimate interest continues to exist. After the termination of the contractual relationship and the fulfillment of all obligations arising from or related to such contractual relationship, Our Company will retain your personal data for the necessary time, for the period required by applicable law. If this period is not required by applicable law, Our Company is entitled to store your personal data for at least three years from the date of termination of the contract (but no longer than ten years, unless applicable law provides for a longer retention period). In the event of litigation with you (as the data subject), for at least three years from the date of the final conclusion of the litigation.

4.3 Job seeker

4.3.1. Purpose of processing personal data

elv.ai processes your data for the following purposes

• Recruitment of new employees. We process your data to determine whether you are a qualified candidate for the position you are applying for.
• Dispute resolution. Personal data may be processed by Our Company for the purpose of resolving disputes, complaints or legal proceedings.
• Compliance with the law. We may need to process your personal data to comply with the law or a court order.

Source of personal information. Personal data is provided to Our Company by the job seeker himself/herself, voluntarily, or Our Company obtains it from publicly accessible sources (job seeker registers and databases). 

4.3.2. Legal basis

Our Company processes your personal data because the processing is necessary for the purposes of legitimate interest of Our Company in accordance with Art. 6(6) 1 lit. f) GDPR. Our legitimate interest in this case is to recruit qualified candidates. In some cases, we will process your personal data in order to comply with legal obligations (i.e. on a legal basis) or we will process it on the legal basis of pre-contractual relationships (whereby, in the case of the conclusion of an employment contract, you as an employee of Our Company will be specifically instructed in writing regarding the protection of personal data).

4.3.3. Scope of personal data processing

If you are interested in working with us, we will collect the following information from you:

• Contact information: such as your first name, last name, title, permanent address, temporary address, home email address, telephone number.
• Information from your resume/CV: such as your previous jobs, education, skills, language skills, and any other information you choose to include in your resume/CV.
• Cover letter: any information you choose to include in your cover letter.
• Eligibility: you may be required to demonstrate that you are legally eligible to work for us, e.g. education, language skills, medical eligibility for certain types of positions, etc.

• References: we may ask for references from people who have worked with you in the past. Generally, we will only contact these individuals if you provide us with their names and contact information.

4.3.4. Categories of recipients

Personal data will be processed directly by our company, in written and electronic form.  Our company may communicate your data to third parties in the following cases:

• When we receive information from third parties (as described above), we will provide them with your first and last name and any other information necessary to provide us with relevant information about you.
• If required by law or court order, we may disclose your personal information, for example, to law enforcement authorities or other authorized authorities of the Slovak Republic.
• We may also share your personal information with companies that have business or personal relationships with Our Company, if there is a legitimate interest of Our Company.

Certain activities for Our Company are carried out by subcontractors. In order to carry out these activities, it is necessary to provide such subcontractor with the personal data of the data subject to the extent necessary for the subcontractor to perform its functions. Such external subcontractors include, in particular, external recruitment agencies, accounting, tax and other consulting firms, data storage facilities and server management companies. Specific companies and activities may change depending on the current needs of our business.

4.3.5. Transfer of personal data

Our Company may also process some personal data (e.g. name, surname and e-mail) using electronic systems and data storage facilities operated by persons (intermediaries) outside the European Union. Our Company always verifies that they ensure the highest possible level of protection of personal data in accordance with the relevant legal requirements (i.e. they are part of the European Commission’s adequacy decision, e.g. part of the EU-US Privacy Shield program if they are located in the US, etc.).

4.3.6. Duration of personal data processing

We will keep your personal data for a limited period of time and delete it when it is no longer needed for the purposes of processing. This means that we will keep your data for the duration of the selection process and delete it on the last day of the year following the year in which we became aware of your personal data. The reason for this retention is to protect our interests in the event of a dispute. If we select you for the position, we will keep your personal data in the personnel file in accordance with our internal guidelines on the processing of personal data (in the form of a policy). We may process your personal data for a longer period after the selection process has been completed, in the event of litigation, or if you give us permission to keep your personal data on file for a longer period.

4.4. Supplier (or business partner)

4.4.1. Purpose of personal data processing

The purpose of processing personal data is (i) a selection procedure for the position of a supplier of services and/or goods to Our Company elv.ai or a person cooperating with elv. ai, regardless of whether it is a long-term supplier-customer relationship or a one-time delivery (hereinafter referred to as the “Supplier“), and the subsequent registration of Suppliers and the management of the pre-contract/contractual relationship between the Supplier and Our Company, (ii) the performance of Our Company’s business activities, as well as (iii) the protection of Our Company’s property, and (iv) other purposes for which the Supplier has given his consent, if applicable. 

Source of personal information. Personal data is voluntarily provided to Our Company by the Supplier or is obtained by Our Company from publicly available sources (registers and databases). 

4.4.2. Legal basis

The legal basis for the processing of personal data is: 

• Exercise of rights and fulfillment of contractual obligations arising in particular from the contract between elv.ai and the Supplier and related documentation, including pre-contractual relations (regardless of whether such a contract is concluded orally or in writing, including in the form of an order) pursuant to Art. 6(6) 1(b) GDPR and
• In certain cases also the legitimate interest of Our Company in the proper conduct of its business activities pursuant to Art. 6(6) 1(f) GDPR. 6(6) 1 lit. f) GDPR.

4.4.3. Scope of personal data processing

elv.ai processes “basic personal data” to the extent necessary to fulfill the purposes stated in section 4.4.1. of this document, and in particular to the following extent: 

• Name, surname, title
• Company registration number, VAT ID, VAT number
• Place of business, registered office or establishment (which may be the same as domicile)
• Phone number, e-mail address
• Account numbers (for sending any contractual payments)
• Signature

4.4.4. Categories of recipients

Personal data will be processed directly by our company, in written and electronic form. Personal data may be made available to entities authorized by specific regulations, in particular: law enforcement agencies, courts, bailiffs, etc.

Certain activities on behalf of our company are carried out by subcontractors (or other suppliers and business partners). In order to carry out these activities, it is necessary to disclose your personal data to such subcontractor to the extent necessary to carry out the subcontractor’s tasks. Such external subcontractors include, but are not limited to, external accounting, tax and other consulting firms, web hosting and server and/or data storage management companies, legal representatives and others. Specific companies and activities may change based on elv.ai’s current needs. 

We may also share your personal information with our clients if you are a supplier who provides Our Company with products (i.e., goods/services) that we provide to those clients.

4.4.5. Transfer of personal data

Our Company may also process some personal data (e.g. name, surname and e-mail), for example through electronic systems and data storage facilities operated by persons (processors) outside the European Union. Our Company always verifies that they ensure the highest possible level of protection of personal data in accordance with the relevant legal requirements (i.e. they are part of the European Commission’s adequacy decision, e.g. part of the EU-US Privacy Shield program if they are located in the US, etc.).

4.4.6. Duration of personal data processing

Your personal data will be processed by elv.ai for the duration of the contractual relationship with you as a supplier. After the termination of the contractual relationship and the fulfillment of all obligations arising from or related to such contractual relationship, Our Company will retain your personal data for the necessary time, for the period required by applicable law. If this period is not required by law, Our Company is entitled to store your personal data for at least three years from the date of termination of the contractual relationship (but not more than ten years, unless the applicable law provides for a longer retention period). In the event of litigation with you (as the data subject), for at least three years from the date of the final conclusion of the litigation.

4.5. Social networks

With respect to the processing of personal data through social networks, we act as a controller with respect to personal data processed directly through our pages established on social networks, together with the operators of individual social media platforms 

Our Company mainly operates the following pages on social networks:

When we, as a company providing services to another company (in particular, services related to the management of communication on social networks), act as the operator of the social network page, we act as an intermediary in the context of communication on the social network. 

We have no control or influence over the processing of some personal data (including the personal data provided within your social network profile) by the operators of the social platforms; within the scope of the processing of personal data directly by our company, we act in accordance with the legal regulations.

For more detailed information on the processing of personal data by the operators of social media platforms, please refer to the data protection information of the individual operators of social media platforms:

• Facebook: https://www.facebook.com/privacy/explanation
• YouTube: https://policies.google.com/privacy?hl=sk
• Instagram: https://help.instagram.com/519522125107875
• LinkedIn: https://privacy.linkedin.com/
• Tiktok: https://www.tiktok.com/legal/page/row/privacy-policy/en

4.5.1. Purpose of processing personal data

The purpose of processing personal data within the pages of our clients on social networks (where we act as data controller) is mainly to ensure that customers are informed about products, services, professional topics related to the activities of our company and, in some cases, also to communicate with visitors to the site (including in the form of comments or messages).

The purpose of processing personal data within the pages of our clients on social networks (where we act as an intermediary) is mainly to ensure that customers are informed about products, services, professional topics related to the company’s activities and to communicate with visitors to the company’s website (including in the form of comments or messages).

Source of personal information. Our Company obtains personal information directly from social media platforms (to the extent permitted by the social network user in the settings of his or her profile on the given social network, as well as to the extent permitted by the settings of a particular social platform operator).

4.5.2. Legal basis

The legal basis for the processing of personal data within our pages on social networks (where we act as the data controller) is our legitimate interest pursuant to Art. 6(6) 1 lit. f) GDPR. 

The legal basis for the processing of personal data within our clients’ social networking sites (where we act as an intermediary) is the legitimate interest of our clients (operators of social media sites) or another legal basis designated by our clients as controllers.

4.5.3. Scope of personal data processing

Personal data is processed by Our Company to the extent permitted by the social network user in the settings of his profile on the given social network, as well as to the extent permitted by the settings of a particular social platform operator.

4.5.4. Categories of recipients

With respect to personal information that is publicly available to other users of a social networking site, in particular comments or posts, the potential recipients of such information are all other users of the social networking site.  

With respect to information that you provide to us in a confidential manner through a social networking site (in particular, a private message), we will not disclose such information. 

However, in certain cases (where your personal data must be made available to such a subcontractor to the extent necessary for the subcontractor to perform its tasks), personal data may be processed by contractors on our behalf for the purpose of performing the subcontractor’s tasks (including for the purpose of processing your request or answering your questions). However, even in this case, if it is possible and not necessary for the purpose of processing a specific request by a cooperating person, we will proceed to anonymize personal data before disclosing it to third parties. 

4.5.5. Transfer of personal data

As part of your use of the platform, your personal data will generally also be processed by the relevant platform operator on servers in third countries, in particular in the United States and the United Kingdom.

Our Company may also process some of your personal data, for example, by means of electronic systems and data storage facilities operated by persons (processors) located outside of the European Union. Our Company always verifies that they ensure the highest possible level of protection of personal data in accordance with the relevant legal provisions (i.e. they are part of an adequacy decision by the European Commission, e.g. part of the EU-US Privacy Shield program if located in the USA, etc.).

4.5.6. Duration of personal data processing

Our Company has no influence on the deletion of your personal data by the operator of the social platform itself; in this respect, the principles of personal data processing issued directly by the operator of the platform apply. 

All of your public posts on social networking sites will remain published for an indefinite period of time unless deleted by us, you, or the social platform operator.  

We will delete or anonymize any personal information you provide to us in confidence (as part of a private communication) no later than 90 days after responding to your message, as we may need to follow up or supplement the communication in the event of repeated communication.