Privacy Policy | opentools.lv

OPEN TOOLS SIA Privacy Policy

Effective as of February 29, 2024.
The Privacy Policy (hereinafter – the Policy) describes the procedure by which OPEN TOOLS processes personal data.

The Policy is applicable if:

    The Client uses, has used, or has expressed a desire to use the services provided by OPEN TOOLS, or is otherwise associated with the services provided by OPEN TOOLS, including relationships with the Client established before this Policy entered into force;

    The Client visits the OPEN TOOLS office, warehouse, and other premises, including those where video surveillance is conducted.

PART 1. GENERAL PROVISIONS
1.1. The Client is any natural person who uses, has used, or has expressed a desire to use any services provided by OPEN TOOLS or is in any other way associated with them.
1.2. Personal data is any information relating to an identified or identifiable natural person; therefore, it is any information directly or indirectly associated with the Client.
1.3. Personal data processing is any operation performed on personal data (including collection, recording, storage, consultation, alteration, granting access, making requests, transfer, deletion, etc.).
1.4. The Data Controller is OPEN TOOLS SIA (hereinafter – the Company), reg. No. 40203526916, registered address: Latgales iela 3B, Alūksne, Alūksnes novads – the company on whose behalf and in whose interests the personal data is processed and which is responsible for data processing.
1.5. The Client may contact OPEN TOOLS regarding questions about personal data processing, withdrawal of consent, requests, exercising the rights of data subjects, and complaints regarding the use of personal data by writing to the e-mail: [email protected]. A request regarding the exercise of one's rights can be submitted electronically to the e-mail [email protected], signed with a secure electronic signature.
1.6. OPEN TOOLS conducts the lawful processing and protection of clients' personal data. Information obtained from clients is protected in accordance with this Policy and the requirements of regulatory enactments. Detailed information about the processing of Personal Data may also be described in agreements, other documents related to services, and on the OPEN TOOLS website: www.opentools.lv.
1.7. Within the framework of applicable regulatory enactments, OPEN TOOLS ensures the confidentiality of personal data and has implemented appropriate technical and organizational measures to protect personal data from unauthorized access, unlawful processing or disclosure, accidental loss, alteration, or destruction.
1.8. Data subjects' data are used in the operations of OPEN TOOLS to provide clients with high-quality services and to improve them, send notifications, offers, and advertisements, protect the rights and interests of the company and third parties, and comply with regulatory enactments.
1.9. The purpose of the Privacy Policy is to provide the natural person – the data subject – with information regarding the purpose, scope, protection, and processing term of personal data processing at the time of data collection and when processing the data subject's personal data, regardless of the form and/or environment in which the Client provides personal data (in paper form, verbally, electronically, or by phone) and in which company systems or paper form they are processed.

PART 2. PURPOSES AND LEGAL BASIS OF PERSONAL DATA PROCESSING
2.1. OPEN TOOLS processes personal data for the following purposes:

    For the provision of services and sale of goods: identification of the client; preparation and conclusion of the contract; delivery of goods and ensuring the operation of services; fulfillment of warranty obligations; improvement of goods and services, development of new goods and services; advertising and distribution of goods and services or commercial purposes; customer service; review and processing of objections; customer retention, increasing loyalty, satisfaction measurements; administration of settlements; debt recovery and collection; maintenance and improvement of the website.

    For business planning and analytics: statistics and business analysis; planning and accounting; efficiency measurement; ensuring data quality; conducting market and public opinion research; preparation of reports; conducting customer surveys; within the framework of risk management activities.

    For video surveillance: preventing and detecting criminal offenses related to property protection.

    For the provision of information: to state administration institutions and subjects of operational activities in the cases and to the extent specified in external regulatory enactments.

    For the use of data: in any other lawful manner complying with the norms of regulatory enactments.

2.2. Legal basis for personal data processing:

    For the conclusion and execution of a contract – to conclude a contract based on the Client's application and ensure its execution.

    For compliance with regulatory enactments – to fulfill obligations specified in external regulatory enactments binding upon OPEN TOOLS.

    In accordance with the Client's (data subject's) consent.

    In legitimate interests – to realize the legitimate interests of OPEN TOOLS arising from the obligations existing between OPEN TOOLS and the Client, a concluded contract, or the law.

    For payment processing – payment processing is provided by the payment platform makecommerce.lv, therefore, our company transfers the personal data necessary for payment execution to the platform owner Maksekeskus AS.

2.3. The legitimate interests of OPEN TOOLS are to:

    conduct commercial activities;

    provide trade services;

    verify the Client's identity before concluding a contract;

    ensure the fulfillment of contractual obligations;

    prevent unjustified financial risks to its commercial activities;

    retain Client applications and submissions regarding the purchase of goods and provision of services, other applications and submissions, and notes on them;

    segment the customer database for more efficient provision of services;

    design and develop goods and services;

    advertise its goods and services by sending commercial communications;

    send other messages regarding the progress of contract execution and events essential to contract execution;

    ensure financial and business accounting and analytics;

    ensure efficient company management processes;

    ensure the efficiency of service provision, goods sale, and delivery;

    ensure and improve service quality;

    administer payments and debt liabilities;

    turn to state administration and operational activity institutions and courts to protect its legal interests;

    prevent and detect criminal offenses related to property protection;

    inform the public about its activities.

PART 3. PROCESSING OF PERSONAL DATA
3.1. OPEN TOOLS processes and protects the Client's data using the capabilities of modern technologies, taking into account the existing privacy risks and the reasonably available organizational, financial, and technical resources of OPEN TOOLS according to the current state of technological development.
3.2. OPEN TOOLS does not make automated decisions regarding the Client. Profiling is not performed in the data processing carried out by the company.
3.3. To ensure the qualitative and prompt fulfillment of the obligations of the contract concluded with the Client, OPEN TOOLS may authorize its cooperation partners to perform separate goods delivery or service provision activities, such as goods transportation, debt recovery, and the like. If, when fulfilling these tasks, the cooperation partners process the Client's personal data at the disposal of OPEN TOOLS, the respective cooperation partners are considered OPEN TOOLS data processors, and OPEN TOOLS has the right to transfer the necessary Client's personal data to the cooperation partners to the extent required to perform these activities.
3.4. OPEN TOOLS cooperation partners acting as data processors will ensure compliance with the requirements for personal data processing and protection in accordance with OPEN TOOLS requirements and legal acts, and will not use personal data for purposes other than the fulfillment of the obligations of the contract concluded with the Client on behalf of OPEN TOOLS.
3.5. OPEN TOOLS stores and processes the Client's personal data as long as at least one of the following criteria exists:

    only as long as the contract concluded with the Client is valid;

    as long as, in the procedure specified by external regulatory enactments, OPEN TOOLS or the Client can realize their legitimate interests (for example, submit objections or bring and/or pursue a claim in court);

    as long as either party has a legal obligation to store the data;

    as long as the Client's consent to the respective personal data processing is valid, if there is no other lawful basis for data processing.
    3.6. After the circumstances mentioned in Clause 3.5 cease to exist, the Client's personal data are deleted.

PART 4. CATEGORIES OF PERSONAL DATA RECIPIENTS
4.1. The Client's personal data are processed at the OPEN TOOLS office or company structural units; they may be transferred to other recipients (third parties and processors).
4.2. Personal data may be further transferred to other institutions and organizations, such as:

    OPEN TOOLS cooperation partners for the preparation and execution of lending agreements;

    OPEN TOOLS accounting service providers, auditors, lawyers, financial consultants;

    debt recovery service providers, courts, out-of-court dispute resolution institutions, insolvency process administrators, bailiffs;

    company service providers, such as archiving, postal or courier service providers, website maintenance service providers, call centers, marketing service providers, and others.
    4.3. The further transfer of data may take place without the Client's consent in cases determined by regulatory enactments or if not transferring the data may harm and threaten the legal interests and safety of the public, OPEN TOOLS, the Client, or other persons.
    4.4. Security measures are observed for the further transfer and processing of data to the same extent as provided by OPEN TOOLS, observing this Policy and other internal documents within the framework of ensuring the lawful processing of personal data.
    4.5. The Client's data are further transferred observing the justifications specified in regulatory enactments, the legal interests of OPEN TOOLS, and the consents provided by the Client.
    4.6. Client data are not transferred outside the borders of the European Union and the European Economic Area. If such a data transfer were to occur, the requirements of regulatory enactments regarding data transfer outside the European Union and the European Economic Area would be observed, i.e., data transfer could occur if there were a legal basis to fulfill a legal obligation, such as contract execution, or if the Client's consent were obtained and/or appropriate security measures were taken.

PART 5. CLIENT'S RIGHTS AND OBLIGATIONS
5.1. The Client as a data subject has the right to:

    request the correction of their personal data if they are inappropriate, incomplete, or incorrect;

    object to the processing of their personal data if the use of personal data is based on the realization of OPEN TOOLS legal interests, including for direct marketing purposes;

    request the deletion of their personal data, for example, if the personal data is processed based on consent, but the Client has withdrawn their consent. The right to request the deletion of one's data is not valid if the personal data whose deletion is requested is processed also on another legal basis, such as a contract or obligations arising from applicable regulatory enactments;

    receive information on whether OPEN TOOLS collects and processes the Client's data. In the case of an affirmative answer, receive information about their personal data provided to the company and processed on the basis of consent and contract execution in written form or in one of the most commonly used electronic formats. The Client has the right to transfer this received data to another service provider (data portability). OPEN TOOLS provides information to the Client to the extent that it does not infringe on the privacy of other persons;

    withdraw their consent to the processing of their personal data in the manner in which it was provided. In this case, further data processing based on the previously given consent for the specific purpose will not be carried out. Withdrawing consent cannot stop data processing carried out on other legal grounds;

    receive information from OPEN TOOLS about the purposes of processing the Client's personal data;

    find out information about third parties to whom personal data has been transferred, unless the provision of such information is prohibited by regulatory enactments;

    submit complaints about the use of personal data to the Data State Inspectorate if the Client believes that the processing of their personal data violates their rights and interests under applicable regulatory enactments.
    5.2. The Client is obliged to provide OPEN TOOLS with information about changes in their personal data in a timely manner and to the extent necessary, which may affect future contractual relations.
    5.3. If the Client exercises their rights and requests information from OPEN TOOLS regarding their processed personal data, the company verifies the Client's identity, evaluates the request, and fulfills it in accordance with the requirements of regulatory enactments.

PART 6. COMMERCIAL COMMUNICATIONS
6.1. OPEN TOOLS sends commercial communications about OPEN TOOLS and/or third-party services and other notices not related to the direct provision of the agreed services (e.g., customer surveys) in accordance with external regulatory enactments or in accordance with the Client's consent.
6.2. The Client may give consent to receive commercial communications from OPEN TOOLS and/or its cooperation partners in OPEN TOOLS service application forms in person and in the electronic environment.
6.3. The consent given by the Client to receive commercial communications is valid until its withdrawal (also after the termination of the service contract). The Client can opt out of receiving further commercial communications at any time in one of the following ways:

    by sending an e-mail to the address [email protected];

    in person at the OPEN TOOLS office;

    by using the automated opt-out option provided in the commercial communication by clicking on the unsubscribe link at the end of the respective commercial communication (e.g., e-mail).
    6.4. OPEN TOOLS stops sending commercial communications as soon as the Client's request is processed. The processing of the request depends on technological capabilities.

PART 7. USE OF COOKIES
7.1. Cookies are small files that are downloaded to the user's device while using the website.
7.2. To provide clients with an innovative and user-friendly website, OPEN TOOLS uses technical cookies that allow the site to be used and ensure its functionality.
7.3. Other – analytical or functional cookies – are not used, and data on user habits are not analyzed or used.

PART 8. CONTACT INFORMATION
8.1. The Client can contact OPEN TOOLS regarding the withdrawal of consent, requests, exercise of data subjects' rights, and complaints regarding the use of personal data.
8.2. Contact information: OPEN TOOLS SIA, reg. No. 40203526916, registered address: Alūksnes novads, Alūksne, Latgales iela 3B, LV-4301, e-mail address: [email protected].
8.3. Additional information on the website: www.opentools.lv.
8.4. To contact the Data Protection Officer, the e-mail address [email protected] must be used with the reference "To the Data Protection Officer".

The Company's Privacy Policy comes into effect on February 29, 2024.
The Company has the right to unilaterally make amendments to this Policy.
The current version of the Policy will be available on the Company's website www.opentools.lv.