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Hey Design Privacy and Cookies Policy

SCOPE OF THIS POLICY

1.1 Hey Digital (legal information in section 2.1; “Hey Digital”) operates Hey Digital’s website (https://www.heydigital.co/) and Hey Design’s website (https://heydesign.co/; both websites referred as “Website”) which among other things may allow Hey Digital’s clients (“Client”) to use services provided by Hey Digital (“Services”).

1.2 This privacy and cookies policy ("Policy") applies where Hey Digital processes personal data of natural persons ("Data Subject(s)") in the conduct of its business as a data controller within the meaning of the General Data Protection Regulation 2016/679 of the European Union ("GDPR"). Typically, Hey Digital acts as a controller of personal data and this Policy applies where:

(a) Hey Digital processes personal data of natural persons related to the Client (e.g., representative of the Client) and Hey Digital itself determines the purpose of processing their personal data – for example, where Hey Digital processes such personal data for fulfilling its obligations deriving from law or for exercising its rights. Such purposes are explained in this Policy in more detail below. However, this Policy does not apply where Hey Digital processes personal data of natural persons related to the Client solely for the purpose of providing the Services since in this case Hey Digital is a processor within the meaning of GDPR and processes such personal data on behalf of the Client.

(b) Hey Digital processes personal data of natural persons connected to the co-operation partners or entities that provide services to Hey Digital and Hey Digital itself determines the purpose of processing their personal data.

1.3 Insofar as this Policy provides information about the use of cookies on the Website, it applies to all individuals who visit the Website. Further details regarding cookies can be found in paragraph 8 of this Policy.

1.4 Protecting personal data and respecting the privacy of Data Subjects is a priority for Hey Digital. The company is committed to handling all personal data with the highest level of care. To ensure transparency and understanding, Hey Digital encourages all Data Subjects to read this Policy thoroughly and familiarize themselves with the rules governing the processing of personal data.

1.5 This Policy is in effect as of the date indicated above. Hey Digital reserves the right to unilaterally amend and supplement this Policy. It is recommended to visit this site from time to time to stay informed of any updates.

1.6 For the purposes of this Policy, the terms (controller, personal data, processing, etc.) shall be used in accordance with the GDPR and other relevant legislation.

DATA CONTROLLER AND CONTACT INFORMATION

2.1 For the purposes of this Policy the controller of personal data is HeyDigital OÜ, which is a private limited company with registration code 14260443 and with a registered address of Rotermanni tn 18/1-601, 10111, Tallinn, the Republic of Estonia.

2.2 In case of any questions regarding the processing of personal data, please contact HeyDigital by e-mail at dylan@goheydigital.com.

PURPOSES OF PROCESSING AND CATEGORIES OF PERSONAL DATA

3.1 Hey Digital collects and processes personal data for the following purposes:

(a) to have pre-contractual negotiations with potential Clients, co-operation partners and service providers;

(b) to comply with Hey Digital’s obligations under applicable law – for example, to retain accounting source documents which may include personal data;

(d) to send marketing messages, if the Data Subject has given their prior consent;

(e) to analyze the usage of the Website and Services in order to improve and develop them; and

(f) to display customized advertisements and analyze the effectiveness of the ad campaigns.

3.2 For each of the purposes set out above (see section 3.1) we will list below the personal data that Hey Digital collects and processes for these purposes:

(a) for having pre-contractual negotiations: Data Subject’s name, e-mail address, phone number, work position at the potential Client, co-operation partner or service provider, and possibly additional personal data which the relevant Data Subject may disclose about themselves or which is available publicly online;

(b) for complying with Hey Digital’s obligations under applicable law: any personal data in accordance with a legal obligation that Hey Digital is required to fulfil under applicable law;

(d) for sending marketing messages: Data Subject’s name, e-mail address and content of the marketing message;

(e) for analysing, improving and developing the Website and Services: information gathered with analytical cookies (see section 8.2(b) below). However, please note that Hey Digital pursues to anonymise data as soon as reasonably possible to the maximum extent possible before using it for the development purpose;

(f) for displaying customized advertisements and analysing the effectiveness of the ad campaigns: information gathered with advertisement cookies (see section 8.2(d) below).

3.3 Generally, Hey Digital receives personal data directly from the Data Subject. For instance, when the Data Subject acts as a representative of a Client, they may disclose their personal data (e.g., email address) to Hey Digital. Additionally, personal data may be obtained from another individual associated with the business (e.g. Client’s company) or a business partner. Also, Hey Digital may collect personal data from public sources (e.g., e-business register).

3.4 Typically, provision of personal data is necessary for entering into and performing a relevant contract with Hey Digital. For example – if the representative of the Client does not disclose their name or e-mail address, then it may not be possible to enter into a contract with that Client. If the entry of personal data is not mandatory, the submission of personal data is voluntary and non-submission does not have any direct adverse consequences.

LEGAL BASIS FOR PROCESSING PERSONAL DATA

4.1 In accordance with applicable law, the processing of personal data must be based on a valid legal ground. For each of the processing purposes mentioned above (see section 3.1), the legal basis for processing personal data is explained below.

4.2 Where Hey Digital processes personal data for the purpose of having pre-contractual negotiations, the legal basis for processing is the legitimate interest of Hey Digital as a data controller pursuant to Article 6(1)(f) of the GDPR. The legitimate interest of Hey Digital is to find and negotiate with potential Clients, co-operation partners and service providers, and for that purpose develop its business.

4.3 In cases where Hey Digital processes personal data for the purpose of fulfilling Hey Digital’s obligations under law, the legal basis for the processing is Article 6(1)(c) of the GDPR and the corresponding legal obligation. For example, Hey Digital processes personal data which are included in the accounting source documents since Hey Digital has a legal obligation to retain and process the accounting source documents.

4.4 If Hey Digital processes personal data for the purpose of exercising Hey Digital’s rights, the legal basis is the legitimate interest of Hey Digital as a data controller (Article 6(1)(f) of the GDPR). The legitimate interest of Hey Digital is to protect and enforce its rights as it sees fit.

4.5 If Hey Digital wishes to send a marketing message, then Hey Digital shall ask the Data Subject’s prior consent for this and in such case the legal basis is the Data Subject’s consent under Article 6(1)(a) of the GDPR. The Data Subject may withdraw their consent at any time by contacting Hey Digital via the e-mail address in section 2.2 of this Policy, or by unsubscribing from marketing communications using the instructions included in those messages.

4.6 Where Hey Digital processes personal data for analysing, improving and developing the Website and Services, the legal basis is the Data Subject’s consent under Article 6(1)(a) of the GDPR as given to the analytical cookies on the Website. Data Subject may withdraw their consent at any time by rejecting the cookies on the Website and deleting the cookies from their device.

4.7 If Hey Digital processes personal data for displaying customized advertisements and analysing the effectiveness of the ad campaign, the legal basis is the Data Subject’s consent under Article 6(1)(a) of the GDPR as given to the advertisement cookies on the Website. Data Subject may withdraw their consent at any time by rejecting the cookies on the Website and deleting the cookies from their device.

DISCLOSING OF PERSONAL DATA TO THIRD PARTIES

5.1 Hey Digital may transfer personal data to third parties when necessary for Hey Digital’s business operations. These third parties may include:

(a) Companies which provide cloud computing services in which Hey Digital stores and processes personal data – for example, Google LLC. Google participates in the EU-US Data Privacy Framework Program to ensure an adequate level of personal data protection. Alternatively, the Standard Contractual Clauses adopted by the European Commission may be applied to ensure personal data protection.

(b) Companies which are used for communicating – for example, Slack Technologies, LLC, Delaware, USA or Slack Technologies Limited, Ireland. Salesforce participates in the EU-US Data Privacy Framework Program to ensure an adequate level of personal data protection, which also covers Slack Technologies LLC. Alternatively, the Standard Contractual Clauses adopted by the European Commission may be applied to ensure personal data protection.

5.2 All third parties to whom Hey Digital transfers personal data shall ensure the protection of personal data as provided for by the legislation governing the protection of personal data, including the GDPR. In the event that personal data is transferred outside the European Economic Area, appropriate safeguards shall be implemented to ensure the security of the personal data and the protection of the Data Subject's rights under this Policy and the GDPR. Such safeguards may include, for example, the application of standard data protection clauses adopted by the European Commission.

DATA STORAGE DURATION

6.1 Hey Digital only processes and stores personal data for as long as it is necessary to fulfil the purpose for which it is processed – once the purpose has ceased, the personal data will be erased or anonymised.

6.2 The personal data shall be stored on the basis of the following principles:

(a) Personal data processed for the purpose of pre-contractual negotiations will be deleted or anonymised within 3 years after the conclusion of the negotiations, unless a contract is concluded, in which case the personal data will continue to be processed as a processor or for another purpose as a controller.

(b) The period of retention of personal data retained for the purpose of complying with Hey Digital’s obligations under applicable law will depend on the specific legal obligation that Hey Digital is required to comply with. For example, under the Accounting Act, accounting source documents (including the personal data contained therein) are kept for 7 years from the end of the relevant financial year.

(c) Personal data processed for the purpose of exercising Hey Digital’s rights will be deleted or anonymised after 10 years from termination or expiration of the relevant contract with the Client or other relevant contractual party.

(d) If Data Subject has given their consent for receiving marketing messages, then Hey Digital shall send marketing messages until the Data Subject withdraws their consent.

(e) Personal data processed for analysing, improving and developing the Website and Services shall be anonymised or deleted within one year and two months from collecting, or until consent is withdrawn (whichever takes place first).

(f) Personal data processed for displaying customized advertisements and analysing the effectiveness of the ad campaigns shall be anonymised or deleted within one year from collecting, or until consent is withdrawn (whichever takes place first).

DATA SUBJECT’S RIGHTS

7.1 The Data Subject has the right to contact Hey Digital at any time with a simple and free-form request in writing (to the email address provided in section 2.2 above) regarding personal data relating to them and, in accordance with the rights and restrictions set in the GDPR and other laws:

(a) request access to the personal data;

(b) request rectification of the personal data;

(d) restrict the processing of personal data;

(e) object to the processing of personal data;

(f) request the transfer of personal data;

(g) request that no decision based on automated processing be taken in relation to the data subject (if such decisions are taken); and

(h) withdraw consent of the processing of personal data (where the Data Subject has consented to the processing of personal data).

7.2 The Data Subject shall at all times have the right to lodge a complaint with Hey Digital (at the e-mail address in section 2.2 above) or with the supervisory authority (Data Protection Inspectorate of the Republic of Estonia - for further information: https://www.aki.ee/et; Tatari 39, Tallinn 10134; e-mail: info@aki.ee).

7.3 Where Hey Digital processes personal data based on its legitimate interest, the Data Subject has a right to request information from Hey Digital about the applicability of the legitimate interest, including the explanation about the balancing of interests between the Data Subject and Hey Digital.

COOKIE POLICY

8.1 Cookies are files with small amount of data which are stored on the device of the Website visitor. Cookies remember the visitors’ actions and preferences and thereby enable Hey Digital to provide the best possible experience when the Website is visited. Without the cookies, the full functionality of the Website may be unavailable.

8.2 Specific information regarding the cookies used at https://www.heydigital.co is provided here [insert hyperlink of the report], and cookies used at https://heydesign.co/ here. https://www.cookieyes.com/website-cookie-checker/?url=https://heydesign.co/&ref=gsemcmpCSR. In a nutshell, both Websites may use the following cookies:

(a) Necessary Cookies. These cookies are essential to enable the use of the Website and the Services. The information collected by these cookies is related to the basic operation of the Website, for example, to enable the secure connection and authenticate requests with access cookies when the User has logged in. Depending on the exact type of cookie, this is retained for the length of the session, one hour or up to one year.

(b) Analytical Cookies. In order to improve user experience at the Website, evaluate the performance of the content and fix technical issues or errors, analytical cookies are used, including from third parties (e.g., HubSpot). These cookies collect information such as the number of visits or returning visits to the Website and are used to generate aggregate data. Such cookies may track visitor’s activity on the internet via online identifiers. Depending on the exact type of cookie, these are stored for one day or up to one year and two months.

(c) Functional Cookies. Website may also use functional cookies to enable specific functions of the Website to work. Such cookies may be stored for one day or up to six months.

(d) Advertisement Cookies. From time to time, the Website may also use advertisement cookies to provide visitors with customized advertisements based on the pages the visitor visited previously and to analyse the effectiveness of the ad campaigns. Such cookies may track visitor’s activity on the internet via online identifiers. These cookies may be stored up to one year.

(e) Other Cookies. For variety of other purposes, other cookies are used which have not been categorised yet. Further information about them is available at the links provided in section 8.2 of this Policy.

8.3 Any Website visitor may:

(a) refuse the use of cookies by not giving consent or by withdrawing the consent;

(b) refuse the use of cookies by selecting the appropriate settings on the browser;

8.4 However, Necessary Cookies are used in any case without the visitor’s consent because the usage of the Website is not possible without them. Usage of the Website without any other cookies is possible but, in such case, the full functionality of the Website may not be available.

THIRD PARTY WEBSITES

9.1 The Website may, from time to time, contain links to and from the websites of Hey Digital’s partner networks, advertisers and affiliates. If the Data Subject follows a link to any of these websites, it must be considered that these websites and any services that may be accessible through them have their own privacy policies and that Hey Digital does not accept any responsibility or liability for these policies or for any personal data that may be collected through these websites or services. Hey Digital recommends checking these policies before submitting any personal data to these websites or using any of these services.