Tapply Privacy Policy

1. Introduction

This privacy policy aims to inform you about how Tapply (“we”, “us”, “our”, or “Tapply”) collects and processes personal data via “Tapply”, a SaaS-platform developed and proprietary owned by Tapply, which aims at providing it’s users with quick access to targeted coaching metered per minute, as well as opportunities to earn money for sharing their expertise on the “Platform”.

You are typically a Platform user (“you”, “your”).

Tapply respects your privacy and is committed to protecting your personal data in accordance with the applicable U.S. and European data protection legislation (including the General Data Protection Regulation (“GDPR”)).

Please read this privacy policy carefully. It describes not only your rights, but also the way in which you can exercise them. By using our Platform, disclosing your personal data, or accepting this privacy policy, you acknowledge the manner in which Tapply collects and processes your personal data as described in this privacy policy.

2. Who are we and how to contact us

Tapply is a limited liability company [C-Corp] and acts as data controller in respect of the personal data collected and processed via the Platform.

We have appointed a [data protection officer/privacy manager], whom you can contact for questions about this privacy policy, your privacy and the processing of your personal data.

3. What categories of personal data do we process

Depending on which data you choose to share with us and how you use the Platform we process different types of personal data.

In general, if we process your personal data, it will be personal data of one of the following categories:
• Identification and contact details (such as your name and email address);
• Login details (such as your username and password);
• Payment details (such as bank account number, sort code, IBAN, BIC, payments due, payment history and other data necessary to register and facilitate payments made in consideration for the usage of our Platform and any services offered thereon (if and to the extent applicable));
• Account details (such as company you work for, title, profession and any other information uploaded in your account on the platform);
• Technical information (such as your IP-address, information about your computer, mobile and other devices, user-ID, operating system);
• Usage information (such as information related or generated by your use of the Platform, including history, date, time, frequency, duration of the pages you have viewed);

Your personal data in principle originates from you directly or is automatically collected by us (in case of technical information).

4. For which purposes do we process your personal data, on which legal basis and for how long?

4.1 General

Depending on your use of the Platform we may process your personal data for the purposes specified hereunder. Please note that our Platform may evolve and more functionalities may be added from time to time. In such case this list may also evolve and will be updated as necessary in accordance with section 16.

If we ask for your consent, the consent you give is always free and you have the right to withdraw it at any time. You can withdraw your consent by sending an email to: [email protected] . Your withdrawal of consent does not affect the processing of personal data prior to such withdrawal or our processing activities which are based on any other legal basis.

4.2 Data processing activities

For more details about the retention period, you can always send an email to: [email protected]

5. Personal data of third parties

If you disclose any personal data of third parties to us, you guarantee that you have informed those third parties and you have received all necessary consents to communicate the third parties’ personal data to Tapply.

6.Cookies

The Platform uses cookies and similar technologies. For more information, we refer to our cookie policy.

7. Disclosures of Personal Data

Tapply may share your personal data, as required for the purposes set forth in section 4, with:
• third party service providers (such as IT service providers, security providers, communication and other software providers);
• professional advisers (such as lawyers or auditors); and
• affiliated entities and third parties to whom we intend or choose to sell, transfer or merge (parts of) our shares, business or assets;
• supervisory authorities.

Upon request, Tapply shall, as soon as possible after the request, inform you of the third parties with whom your personal data have been shared by providing you a more detailed list.

In addition, we may disclose your personal data if this is required by law, or if we determine in good faith that such disclosure is required in order to comply with any pending judicial inquiry, judicial order or litigation and/or to safeguard our rights.

Processors and sub-processors of Tapply always act under the responsibility of Tapply. If Tapply engages processors or sub-processors, this will always be done in accordance with a data processing agreement that meets the requirements of the GDPR. We require all our processors or sub-processors to take appropriate technical and organizational (including security) measures to protect your personal data in line with our policies. We do not allow our processors or sub-processors to use your personal data for their own purposes. In the event we disclose your personal data as described above, we will implement appropriate safeguards to ensure the integrity and confidentiality of your personal data.

Your personal data will only be made available to processors, sub-processors, employees and other third parties on a “need-to-know” basis, limited to the extent necessary to perform their services.

8. International transfers

Your personal data may be processed in and transferred to different jurisdictions, including outside the European Economic Area (“EEA”) (e.g. if you are visiting our Platform from the EEA). It is possible that through our (sub-)processor, Tapply transfers your personal data to countries outside the EEA. In this event, Tapply will comply with the laws on transfers of personal data between third countries and implement appropriate data transfer mechanism(s) to ensure your personal data is appropriately protected and is transferred subject to appropriate safeguards. Tapply does not sell your personal data to third parties (including “sale” as defined in Nevada and California laws).

Please contact us if you want further information on the specific mechanism(s) used by us when transferring personal data out of the EEA.

9. Direct marketing

Tapply may use your personal data for direct marketing purposes. This enables Tapply to keep you informed about its products, updates, events, etc. You give your explicit consent for this, but you may at any time, free of charge, withdraw your consent and object to the processing of your personal data for direct marketing purposes (including profiling), to the extent that it relates to such direct marketing.

You shall have the right at any time to object to the processing of your personal data for direct marketing purposes (including profiling) to the extent that it is related to such direct marketing, free of charge, by sending an email to: [email protected] .

10. Data security

Tapply is committed to trying to make sure that your personal data is secure and makes all reasonable and appropriate efforts to protect the confidentiality of your personal data. We have implemented appropriate technical and organizational measures, safeguards and assurances to process your personal data in accordance with the GDPR, in particular to protect your personal data against loss, misuse, or unauthorized alteration or destruction.

Please contact us if you would like more information on the specific measures taken.

Despite the measures taken by us, you should be aware that there are always risks associated with sending personal data over the internet. The security and protection of your personal data can never be fully guaranteed, nor can we guarantee that unauthorized third parties will never be able to defeat those measures or use your personal data for improper purposes.

11. Data retention

We will only retain your personal data for as long as reasonably necessary to fulfil the purposes determined in section 4 of this privacy policy, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you or the organization you work for. Afterwards it is still possible that they can be found in our back-ups or archives, but they will no longer be actively processed in a file.

The applicable retention periods are set out in the table above under section 4.

12. Your legal rights

Within the limits defined in Articles 15-22 of the GDPR, you have the following legal rights in relation to your personal data:
- Right of access: you have the right to obtain confirmation from us as to whether or not we are processing your personal data, to access that personal data and how and why it is being processed, as well as to receive a copy of that data.
- Right to rectification: you have the right to obtain a rectification of your personal data or to request that we complete your personal data when you become aware that we are processing incorrect or incomplete data about you.
- Right to erasure ('right to be forgotten'): you have the right to obtain erasure of your personal data in certain specific cases.
- Right to restriction: you have the right to have the processing of your personal data restricted in certain specific cases.
- Right to portability: you have the right to obtain the personal data you have provided to us in a structured, commonly used and machine-readable form, and to transfer (have transferred) that personal data to another controller.
- Right to object: you have the right to object to the processing of your personal data on the basis of our legitimate interest for reasons relating to your specific situation.

The exercise of these rights is in principle free of charge. Only in the event of unreasonable or repeated requests we may charge a reasonable administrative fee. We will always inform you of the applicable fee before charging it.

You can exercise your rights by sending an email to: [email protected] .

In your request, make sure to clearly specify which right you wish to exercise so we can help you as efficient as possible. Please note that in some case we may require you to give more information about yourself to ensure that we are dealing with the correct person.

If you contact us to exercise your rights we will respond within 1 month. Exceptionally this may take longer (up to 3 months), but then we will inform you within 1 month of the reasons why.

13. Your right to lodge a complaint with a supervisory authority

If you consider that our processing of personal data infringes the GDPR, you have the right to file a complaint with a supervisory authority, in particular in the member state of your habitual residence, the place of work or the place of alleged infringement.

However, we would appreciate the chance to deal with your concerns before you approach the authority, so please contact us in first instance.

14. Third party links

Our Platform may contain links to third party content, websites and/or applications. Tapply is not responsible for such content nor for such websites and applications. Tapply is not responsible for the privacy standards and practices of such third parties. We recommend you to read the relevant privacy policies of these third parties and their websites before you accept their cookies and visit their website to ensure yourself that your personal data is sufficiently protected. Nonetheless, we seek to protect the integrity of our Platform and welcome any feedback about these websites and/or applications.

15. Consent for disclosure

You acknowledge that we may disclose your personal data if this is required by law, or if Tapply determines in good faith that such disclosure is required in order:
- to comply with any pending judicial inquiry, judicial order or litigation pertaining to the Platform;
- to respond to claims against Tapply regarding personal data that violate any rights of third parties;
- to safeguard the rights, property and safety of Tapply, its employees, users, and the general public.

16. Liability

If Tapply has legitimately transmitted your personal data to a third party (not being its (sub-)processor), Tapply shall not be liable for any unlawful processing or unlawful use by that third party.

Tapply is in any case only liable for the damage caused by the processing of personal data if it did not comply with its specific obligations under the GDPR and our liability shall not exceed an amount equal to the amounts actually paid out by our insurer for the damage causing event. Tapply shall in no event be liable for any special, incidental, indirect or consequential losses or damages.

Under no circumstances does Tapply accept responsibility for any direct or indirect damages resulting from faulty or unlawful use of the personal data by a third party (not being its (sub-)processor). Additionally, Tapply is not liable if third parties unlawfully process or use your personal data and Tapply has implemented appropriate technical and organizational measures to prevent such unlawful processing or use.

The foregoing exclusions and limitations shall only apply to the maximum extent permitted by applicable law.

17. Changes to this privacy policy

Tapply may amend this privacy policy at all times. Any changes we may make to our privacy policy will be indicated on the Platform and when proportionate and in line with the significance of the changes, may be notified to you by email or advised to you on your next login to the Platform. The date of the most recent version is shown in the top right-hand corner of the privacy policy. Please review Tapply’s privacy policy periodically to stay informed of changes that may affect you.

Amended versions of this privacy policy take effect ten (10) days after their publication on the Platform and/or other form of announcement and, if necessary, will always be submitted for approval, unless such modifications are necessary to comply with a legal requirement. In the latter case, such changes will take effect immediately.

18. Applicable law and competence

This privacy policy shall be governed, interpreted, and implemented in accordance with [Delaware, US] laws.

The [Delaware, US] courts are exclusively competent to decide on any dispute that may arise from the interpretation or implementation of this privacy policy, without prejudice to the consumer’s right to present a dispute before a competent court on the basis of a mandatory statutory provision.

Last updated: [10/23/2024]