Privacy Policy
In order to clearly understand our Privacy Policy, please carefully read the meaning of the terms stated below:
General Regulation
means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural party regarding the processing of Personal Data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation);
Procesing
means 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;
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, 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;
Data subject
means a person whose Personal Data is processed, and whose identity identified or identifiable; 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;
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 European Union or Member State law, the Controller or the specific criteria for its nomination may be provided for by European Union or Member State law;
Joint Controlers
means two or more Controllers jointly determine the purposes and means of processing;
Processor
means a natural or legal person, public authority, agency or another body which processes Personal Data on behalf of the Controller;
Recipient
means a natural or legal person, public authority, agency or another body, to which the Personal Data is disclosed, whether a Third-party or not;
Third party
means a natural or legal person, public authority, agency or body other than the Data Subject, Controller, Processor and party who, under the direct authority of the Controller or Processor, are authorized to process Personal Data;
European Union
means the European Union’s institutions, bodies, offices, and agencies set up by, or based on, the TEU, the TFEU or the Euratom Treaty;
International organization
means an organization and its subordinate bodies governed by public international law, or any other body which is set up by, or based on an agreement between two or more countries;
Personal Data Breach
means 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;
Consent
means any freely given, specific, informed and unambiguous indication of the Data Subject’s wishes by which he or she, by a statement or by clear affirmative action, signifies agreement to the processing of Personal Data relating to him or her.
This Privacy Policy contains all important information about the processing of your Personal Data. It applies to processing of your Personal Data in the usual course of our business, processing of your Personal Data through the official NiTe 1G website www.mynite.eu (hereinafter: “website”) and processing of your Personal Data through the NiTe 1G app (hereinafter: “app”).
We issued this Privacy Policy as data Controller. If we act as data Processor, we will process your Personal Data according to applicable laws and instructions issued by data Controller. More about our role as data Processor you can find below.
In this Privacy Policy you can find the following information: categories of Data Subjects and their processed Personal Data, purposes of processing and its legal basis, categories of the Recipients of Personal Data, information about the rights of Data Subjects, as well as other information we are obligated to provide in accordance with the applicable regulations.
Any changes regarding this Privacy Policy will be communicated to you on time and through the usual communication channels we use towards you (website, E-mail, etc.).
The terms used in this Privacy Policy that have a gendered meaning, regardless of whether they are used in male or female gender form, refer to both the male and the female gender.
Under the subtitles below, you can find categories of processed Personal Data, purposes of processing and lawfulness of processing regarding each category of Data Subjects in connection with the usual course of our business.
Business partners
If you are our business partner or you are a representative/contact person acting on behalf of our business partner, we may process your Personal Data depending on our business relationship.
We may process more of your Personal Data, but for different purposes and based on a different legal basis (see more under “Data Subjects in Connection with Our Website”).
Processing may include some of the categories of Personal Data listed below:
- Identification data– Name and surname, OIB (“Croatian PIN”) and residence.
- Contact data – Mobile/phone number and (or) e-mail address.
- Financial data – Bank account number.
We process above-mentioned Personal Data for the following purposes and based on the following legal basis:
- For the purpose of promotion and realization of our business relationship. In this case, the processing is necessary in order to take steps prior to entering into a contract (lawfulness of processing based on Article 6 Par. 1 Point b of the General Regulation).
- For the purpose of exercising mutual rights and fulfilling mutual obligations arising from the contract. In this case, the processing is necessary for the performance of the contract (lawfulness of processing based on Article 6 Par. 1 Point b of the General Regulation).
- For the purpose of making a contact, communicating and providing necessary support. In this case, the processing is necessary for the purpose of our legitimate interest (lawfulness of processing based on Article 6 Par. 1 Point f of the General Regulation).
- For the purpose of self-promotion and marketing activities. In this case, the processing is necessary for the purpose of our legitimate interest (lawfulness of processing based on Article 6 Par. 1 Point f of the General Regulation).
- For the purpose of fulfilling our legal obligations to which we are the subject, for example, supervisory of a competent authority. In this case, the processing is necessary for compliance with a legal obligation to which we are the subject (lawfulness of processing based on Article 6 Par. 1 Point c of the General Regulation).
Clients / Customers
If you are our client/customer or you are a representative/contact person acting on behalf of our client/customer, we may process your
Personal Data depending on the type of our relationship (e.g. if you
purchased and used our device, if you contacted us, etc.).
We may process more of your Personal Data, but for different
purposes and based on a different legal basis (see more under “Data Subjects in Connection with Our Website” and “DataSubjects in Connection with Our App”).
Processing may include some of the categories of Personal Data listed below:
- Identification data – Name and surname.
- Contact data – Mobile/phone number and (or) e-mail address.
- Other data – Purchase data.
We process above-mentioned Personal Data for the following purposes and based on the following legal basis:
- For the purpose of realization of our relationship. In this case, the processing is necessary in order to take steps prior to entering into a contract (lawfulness of processing based on Article 6 Par. 1 Point b of the General Regulation).
- For the purpose of exercising mutual rights and fulfilling mutual obligations arising from the contract. In this case, the processing is necessary for the performance of the contract (lawfulness of processing based on Article 6 Par. 1 Point b of the General Regulation).
- For the purpose of making a contact, communicating and providing necessary support. In this case, the processing is necessary for the purpose of our legitimate interest (lawfulness of processing based on Article 6 Par. 1 Point f of the General Regulation).
- For the purpose of fulfilling our legal obligations to which we are the subject, for example, supervisory of a competent authority. In this case, the processing is necessary for compliance with a legal obligation to which we are the subject (lawfulness of processing based on Article 6 Par. 1 Point c of the General Regulation).
Under the subtitles below, you can find categories of processed Personal Data, purposes of processing and lawfulness of processing regarding each category of Data Subjects in connection with our website www.mynite.eu.
Website visitors
If you personally are a visitor to our website www.mynite.eu or you are a representative/contact person acting on behalf of a company, we may process your Personal Data.
Certain parts of our website (pop-up “It’s NiTe time”, pop-up “Subscribe to our blogs”, “Subscribe to our blogs” form, “Contact us” form, “Join us” form, etc.) may ask you to voluntarily provide your Personal Data. The Personal Data you are asked to provide and purposes for processing those Personal Data will be clearly stated at the collection point.
When you visit our website, we may automatically collect some data from your device. We may collect this data as part of log files or through the use of cookies and other tracking technologies about which you can read more in our Cookie Policy.
Processing may include some of the categories of Personal Data listed below:
- Identification data – Name and surname.
- Contact data – E-mail address.
- Other data – Message content (if it contains any Personal Data).
- Automatically collected data – Operating system, browser ID, browsing activity, technical cookies (read more about cookies and tracking technologies in our Cookie Policy).
We process above-mentioned Personal Data for the following purposes and based on the following legal basis:
- For the purpose of making a contact, communicating, sending notifications about the device, sending an introductory gift with your first purchase and sending articles on our blogs. In this case, the processing is necessary for the purpose of our legitimate interest (lawfulness of processing based on Article 6 Par. 1 Point f of the General Regulation).
- For the purpose of self-promotion and marketing activities. In this case, the processing is necessary for the purpose of our legitimate interest (lawfulness of processing based on Article 6 Par. 1 Point f of the General Regulation).
- For the purpose of making contact and answering your messages. In this case, the processing is necessary for the purpose of our legitimate interest (lawfulness of processing based on Article 6 Par. 1 Point f of the General Regulation).
- For the purpose of our promotion, communication and possible realization of our business relationship. In this case, the processing is necessary for the purpose of our legitimate interest (lawfulness of processing based on Article 6 Par. 1 Point f of the General Regulation).
- For the purpose of improving, maintaining, providing and ensuring the functionality and security of our services and our website. In this case, the processing is necessary for the purpose of our legitimate interest (lawfulness of processing based on Article 6 Par. 1 Point f of the General Regulation).
- For the purpose of tracking and targeting your interests, as well as personalizing your experience while interacting with our website. In this case, we will use your consent as our legal basis for processing (lawfulness of processing based on Article 6 Par. 1 Point a of the General Regulation).
- For the purpose of fulfilling our legal obligations to which we are the subject, for example, supervisory of a competent authority. In this case, the processing is necessary for compliance with a legal obligation to which we are the subject (lawfulness of processing based on Article 6 Par. 1 Point c of the General Regulation).
Customer(Testimonials)
If you purchased and used our device, as well as contacted us regarding your experience with our device, we may process your Personal Data.
Personal Data, purposes and lawfulness of the processing we refer to down below is only in connection with processing carried out on or in connection with our website, more precisely with published testimonies on our website. We may process more of your Personal Data, but for different purposes and based on a different legal basis (see more under “Data Subjects in Connection with Usual Course of Our Business” and “Data Subjects in Connection with Our App”).
Processing may include some of the categories of Personal Data listed below:
- Identification data – Name and surname.
- Other data – Profession, picture and testimony.
- For the purpose of publishing your testimony on our website. In this case, we will use your consent as our legal basis for processing (lawfulness of processing based on Article 6 Par. 1 Point a of the General Regulation).
- For the purpose of fulfilling our legal obligations to which we are the subject, for example, supervisory of a competent authority. In this case, the processing is necessary for compliance with a legal obligation to which we are the subject (lawfulness of processing based on Article 6 Par. 1 Point c of the General Regulation).
If you write blogs on our website, we may process your Personal Data.
Personal Data, purposes and lawfulness of the processing we refer to down below is only in connection with processing carried out on or in connection with our website, more precisely with your blogs on our website. We may process more of your Personal Data, but for different purposes and based on a different legal basis (see more under “Data Subjects in Connection with Usual Course of Our Business”).
Processing may include some of the categories of Personal Data listed below:
- Identification data – Name and surname.
- Other data – Picture.
- For the purpose of exercising mutual rights and fulfilling mutual obligations arising from the contract, i.e. for the purpose of you writing blogs and us publishing blogs on our website. In this case, the processing is necessary for the performance of the contract (lawfulness of processing based on Article 6 Par. 1 Point b of the General Regulation).
- For the purpose of fulfilling our legal obligations to which we are the subject, for example, supervisory of a competent authority. In this case, the processing is necessary for compliance with a legal obligation to which we are the subject (lawfulness of processing based on Article 6 Par. 1 Point c of the General Regulation).
If you are a current member of our project team or you become one, we may process your Personal Data.
Personal Data, purposes, and lawfulness of the processing we refer to down below is only in connection with processing carried out on or in connection with our website, more precisely with representing our project team members on our website. We may process more of your Personal Data, but for different purposes and based on a different legal basis (see more under “Data Subjects in Connection with Usual Course of Our Business”).
Processing may include some of the categories of Personal Data listed below:
- Identification data – Name and surname.
- Other data – Team role, education, working experience, interests, achievements, picture.
We process above-mentioned Personal Data for the following purposes and based on the following legal basis:
- For the purpose of representing our team members and their contribution to the project. In this case, the processing is necessary for the purpose of our legitimate interest (lawfulness of processing based on Article 6 Par. 1 Point f of the General Regulation).
- For the purpose of fulfilling our legal obligations to which we are the subject, for example, supervisory of a competent authority. In this case, the processing is necessary for compliance with a legal obligation to which we are the subject (lawfulness of processing based on Article 6 Par. 1 Point c of the General Regulation)
Under the subtitles below, you can find categories of processed Personal Data, purposes of processing and lawfulness of processing regarding each category of Data Subjects in connection with our NiTe 1G app.
Users of Our App(Customers)
If you purchased and you use our device, i.e. you downloaded our app in order to run the functionalities of our device, we may process your Personal Data.
Personal Data, purposes and lawfulness of the processing we refer to down below is only in connection with our app, more precisely with Personal Data we process through our app. We may process more of your Personal Data, but for different purposes and based on a different legal basis (see more under “Data Subjects in Connection with Usual Course of Our Business” and “Data Subjects in Connection with Our Website”).
Processing may include some of the categories of Personal Data listed below:
- Identification data – Name and surname, date of birth, gender.
- Contact data – E-mail address.
- Therapy data – Date of therapy, duration of therapy (starting and ending time), a success rate of therapy, evaluation of sleep quality.
We process above-mentioned Personal Data for the following purposes and based on the following legal basis:
- For the purpose of exercising mutual rights and fulfilling mutual obligations arising from the contract, i.e. for the purpose of logging in, using functionalities of our device through the app etc. In this case, the processing is necessary for the performance of the contract (lawfulness of processing based on Article 6 Par. 1 Point b of the General Regulation).
- For the purpose of following up on sleep quality and adapting the therapy in case of poor quality of sleep. In this case, we will use your consent as our legal basis for processing (lawfulness of processing based on Article 6 Par. 1 Point a of the General Regulation).
- For the purpose of fulfilling our legal obligations to which we are the subject, for example, supervisory of a competent authority. In this case, the processing is necessary for compliance with a legal obligation to which we are the subject (lawfulness of processing based on Article 6 Par. 1 Point c of the General Regulation).
Where lawfulness of processing of your Personal Data is based on our legitimate interests, we are taking into consideration your fundamental rights and freedoms (not overriding them), as well as your expectations regarding processing of your Personal Data based on our relationship (Data Subject – Data Controller).
Typically, our legitimate interests include improving, maintaining and providing our technology, products, marketing activities and services, as well as ensuring the security of our website and app.
Where the provision of Personal Data is a statutory or contractual requirement, or a requirement necessary to enter into a contract, at the collection point of your Personal Data we will make clear whether the provision of your Personal Data is mandatory or not, as well as of the possible consequences if you do not provide your Personal Data.
Our Social Media Accounts and Links to Social Media Accounts on Our Website
We are using the following social media platforms for the promotion of our project: Facebook, Twitter, YouTube, Instagram, and LinkedIn.
Our website includes links to our accounts on social media platforms, whose privacy practices may be different from ours. Any information, materials or communication you submit to us through a social media platform is done at your own risk. We are not responsible for actions taken by users of the social media platforms or social media platforms themselves. Please be aware that your interactions with social media platforms are governed by their privacy policies which can be found on the following links:
- Facebook: https://www.facebook.com/privacy/explanation,
- Twitter: https://twitter.com/en/privacy,
- YouTube: https://www.mic.com/articles/163045/you-tube-privacy-policy-everything-you-need-to-know,
- Instagram: https://help.instagram.com/402411646841720,
- LinkedIn: https://www.linkedin.com/legal/privacy-policy.
Social Media Features (Plug-ins and Widgets)
Our website contains social media features, such as Facebook Like button, Facebook Share button, Twitter Share button, LinkedIn Share button, YouTube videos and more. These features may collect your data, as well as set cookies for a proper function of the feature (read more about cookies and tracking technologies in our Cookie Policy).
When visiting our website, if you consent, some of your data, without having a social media account and without using social media features, may be collected and transmitted to the social media companies. In these situations, we are in the position of a Joint Controller together with social media companies when collecting and transmitting your Personal Data. However, we do not have control over your Personal Data after its transmitted to the social media companies. Social media companies process your Personal Data in accordance with their own privacy policies.
If you use the social media features on our website (, for example, you click on Facebook Like button), please be aware of the collection and transmission of your Personal Data to the social media companies.
Facebook Login
We are providing a possibility to log in to and create an account in our app through the Facebook Login or by providing your e-mail address and password.
Facebook Login lets you quickly and easily create an account in our app without having to set a password. We do not collect any Personal Data from your Facebook profile.
Also, we disabled Facebook to collect any of your Personal Data from our app. Regardless, we cannot guarantee, and we do not have control over the possibility of any kind of Facebook’s internal follow-ups based on your Personal Data from our app. Please refer to the privacy policy, as well as the privacy settings of Facebook to find out more about its privacy rules and practices.
On our website we use cookies, as well as other tracking technologies such as pixels. To find out more about types of cookies and tracking technologies we use and how to control them, please read our Cookie Policy.
We treat your Personal Data with confidentiality, and we protect them in accordance with applicable legal regulations (international, European and national), as well as best practices. Third parties may have the right to access and process your Personal Data only in the below-described situations.
Third party as a Processor
We may allow the access and processing of your Personal Data to Third parties providing us services necessary for our operational business. Third parties may provide us services such as IT services, advertising, translation, etc. Mentioned service providers have access only to those categories of your Personal Data necessary for providing their services. In that case, your Personal Data is processed solely in accordance with our instructions specified in agreements executed between Third Parties and us.
Third party as a Processor
We may allow the access and processing of your Personal Data to Third parties providing us services based on our legal obligations or legitimate interests. Third parties may provide us services such as tax and legal advisory. In that case, your Personal Data is processed in accordance with our instructions, as well as their statutory powers and rules of the profession.
We may allow the access and processing of your Personal Data to the competent authorities during the audit supervision activities or other activities based on their legal obligations. In that case, the competent authorities are processing your Personal Data in accordance with their statutory powers.
We as a Joint Controllers
We may allow the access and processing of your Personal Data to Third parties who are Joint Controllers with us. For example, when we are a part of a multilateral contract.
We as a Processor
When we have the role of the Processor (situations when we process your Personal Data on behalf of and in accordance with instructions of a third party – Controller), the Controller of your Personal Data is obliged to inform you about the transfer and processing of your Personal Data. Of course, you can always contact us regarding our processing of your Personal Data, and we will provide you the requested information.
We are trying to avoid transfers to third countries and international organizations in our everyday business. If we do transfer your Personal Data to third countries or international organizations, we are ensuring an adequate level of data protection. In such situations, we are taking the two-step approach in order to justify such a transfer (requesting your explicit consent and applying additional safeguards prescribed by the General Regulation).
In order to manage our contacts, i.e. to create, send and manage certain marketing campaigns, e-mails, advertisements and mailings, we use an online marketing platform – Mailchimp. Mailchimp is the United States (Georgia) limited liability company whose legal name is The Rocket Science Group LLC d/b/a Mailchimp. Their servers and offices are located in the United States, so your information may be transferred to, stored, or processed in the United States. Mailchimp participates in and has certified its compliance with the EU-U.S. Privacy Shield Framework. You can learn more about Mailchimp’s privacy policy on the following link: https://mailchimp.com/legal/privacy/.
In order to provide an adequate level of data protection, we undertake actions that are reasonable and effective, considering the sensitivity of Personal Data we process and the risk of unauthorized access and processing. Some of the measures we use are the following:
- Pseudonymization of the data bases, when possible;
- Sophisticated IT solutions;
- Use of secure Personal Data exchange methods;
- Control of access to the data bases;
- Supervision of the premises where the data bases are stored, i.e. the resources on which they are stored.
Our Personal Data retention periods may vary, depending on the type of Personal Data we process, purposes of processing, as well as lawfulness of the processing. Some general retention periods we use for your Personal Data are listed below, but please be aware they may vary depending on a specific situation.
Personal Data for which the law prescribes data retention period are kept during the statutory prescribed period and are deleted in an additional period of three months.
If we signed a contract with you and there is no statutory retention period defined, we keep your Personal Data for the entire duration of the contract we signed. Upon the termination of the contract, we will delete your Personal Data in the shortest possible, reasonable time.
Personal Data we process on the legal basis of legitimate interest, we keep as long as the legitimate interest exists. We delete them in a period of three months from the moment our legitimate interest ceased to exist.
Personal Data that we process based on your consent, we keep as long as we have your consent. If you withdraw your consent, we will delete your Personal Data in the shortest possible, reasonable time. If consent is given for a specific period, after the expiration of that period, your Personal Data will be deleted in the shortest possible, reasonable time.
We do not conduct profiling based on your Personal Data.
We do not apply an automatic decision-making system based on your Personal Data.
You can exercise your rights by submitting your request to the following e-mail address: info@mynite.eu.
Upon receipt of your request, we will send you a confirmation of our acknowledgment. Our response upon your request will be sent within 30 days of receipt.
Please make sure that your request contains the following information:
- Title of the request should specify your request as “Request of the Data Subject“,
- Information about your identity so we can identify you and your Personal Data (for example, name, surname, Croatian PIN etc.),
- Right, you want to exercise (please, see the rights below).
When exercising your rights, processing your Personal Data is necessary for compliance with our legal obligations stated in the General Regulation, respectively the processing is necessary for enabling the exercise of your rights.
Below you may find your rights and their descriptions. Each right is marked as an individual subtitle.
Third party as a Processor
You have the right to obtain confirmation as to whether or not your Personal Data is being processed, as well as access to your Personal Data. You have the right to access the following information:
- the purposes of processing,
- the categories of your Personal Data,
- the recipients or categories of recipient to whom your Personal Data has been or will be disclosed, in particular recipients in third countries or international organizations,
- retention periods regarding your Personal Data,
- the existence of your rights to erasure, rectification, restriction of processing, the right to object and the right to lodge a complaint with a supervisory authority,
- the existence of automated decision-making (including profiling) and meaningful information about the logic involved, as well as envisaged consequences of such processing,
- where personal data is transferred to third countries or international organizations, information of the appropriate safeguards taken for such transfer,
- where your Personal Data is not collected from you, any available information about the source of your Personal Data.
You have the right to request the rectification of your incorrect Personal Data, as well as the right to have incomplete Personal Data completed. If you are exercising this right, you must prove the inaccuracy or incompleteness of your Personal Data (for example, attaching supporting documentation etc.).
The Right to Erasure
You have the right to request erasure of your Personal Data, where one of the following grounds applies:
- your Personal Data is no longer necessary,
- you withdraw the consent on which the processing is based,
- you object to the processing,
- your Personal Data is unlawfully processed,
- your Personal Data must be erased for the compliance with a legal obligation under EU Law or our national law.
We will make your Personal Data unusable in a manner that prevents anyone from accessing, reading out and processing your Personal Data. We will inform you about the technique used for erasing your Personal Data.
The Right to Restriction of Processing
You have the right to request the restriction of processing your Personal Data. The restriction of processing does not relate to the retention period of your Personal Data. Methods used for restriction could include the following:
- temporarily moving your Personal Data to another processing system,
- making your Personal Data unavailable for usage,
- temporarily removing published Personal Data from our website.
The Right to Data Portability
You have the right to request the transfer of your Personal Data when the processing is based on your consent or on a contract and is carried out by automated means. You have the right for your Personal Data to be transmitted directly from us to another Controller if it is technically feasible. However, exercising your rights should not adversely affect the rights and freedoms of others.
The Right to Object About the Processing of Your Personal Data
You have the right to object at any time to the processing of your Personal Data, relating to your particular situation, necessary for the performance of a task carried out in the public interest or for the purpose of our legitimate interest. Objecting to the processing has an effect only on the future processing activities unless you are objecting about direct marketing, which takes effect immediately.
The Right to Withdraw the Consent
At any time, you have the right to withdraw the consent for the further processing of your Personal Data. The withdrawal of the consent shall not affect the lawfulness of processing based on the consent before its withdrawal.
The Right to Complaint to the Authority
At any time, you have the right to complaint to the competent body for the protection of Personal Data in relation with processing and protection of your Personal Data.
The competent body is Croatian Personal Data Protection Agency (“Agencija za zaštitu osobnih podataka”) with registered seat at Martićeva ulica 14, 10000 Zagreb, Republic of Croatia, e-mail address: azop@azop.hr, telephone: 00385 (0)1 4609-000, website: www.azop.hr