Notification requirements relating to “personal data”.
This page contains required information as outlined under various Chapters and Articles expressed with the GDPR relating to the collection, processing, storage, maintenance, and deletion of “personal data” obtained from users/customers of Smash Balloon products.
- EU-GDPR Article 4 defines “personal data” as being: “any information relating to an identified or identifiable natural person (‘data subject’); 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”.
Notice requirements relating to “personal data” are listed below and will be found contained within this page in the following order:
- EU-GDPR Article 2 (1) – Notice of “personal data” collection by Smash Balloon.
- EU-GDPR Articles 13 (1) – The identity and the contact details of the controller of “personal data” collected by Smash Balloon .
- EU-GDPR Articles 13 and 14 – Clear notice of the “personal data” types collected by Smash Balloon.
- Defines data retention and deletion policies.
- Outlines our processing purposes and use cases.
- Instructs individuals how to have their “personal data” contained within our servers, databases, or under our control removed from these sources and the effect of fulfilling that request.
- EU-GDPR Article 6 – Requirement to identify and state the lawful basis under which Smash Balloon collects, processes, and controls “personal data”.
Notice of data collection by Smash Balloon.
Under EU-GDPR Article 2 (1) notice is given that Smash Balloon does collect, process, maintain and store “personal data” considered under the EU-GDPR to be “personal data”. This is information which has been provided to us by users and/or customers of our products and these “personal data” types and how they are handled are further identified within this page.
Identity and the contact details of our “personal data” controller .
Smash Balloon is the sole source responsible for the collection, processing, maintenance, and storage and deletion of any “personal data” which would be given to Smash Balloon through contact initiated by a user/customer directly to us .
Any “personal data” someone may have submitted to another entity which may be illegally distributing, selling, or re-packaging Smash Balloon products is not collected, processed, maintained or stored within any servers under our control.
Any person, business, organization or other entity that wishes to determine whether or not Smash Balloon itself has “personal data” relating to them can contact us directly by email through this page here.
Smash Balloon will respond to these inquires, advise what “personal data” is being stored and delete the data upon request. Requests for removal and the effects of that request are covered in detail here.
“Personal data” types collected by Smash Balloon.
1.) Personal Names (first, last, or nicknames)
2.) Business Names
3.) Addresses (personal or business)
4.) Telephone numbers
5.) Website Addresses
All five of these data types are collected for the purpose of maintaining business accounts with our user/customers and are being stored in the same manner, location, and for the same reasons as follows:
- This data is only obtained and stored “if” a user/customer chooses to provide it when contacting us for support or making a purchase of a plugin or extension.
- If a user/customer does not freely provide these data types then it is not sought out by Smash Balloon.
- If a user/customer does provide one of these data types it is then stored and maintained only within the confines of our server in the appropriate corresponding fields of our database under either the “customer” or “user account” tables. This data is considered by us to be private data and we do not share or provide it to any other individual, business, corporation, or government entity.
- This data is periodically accessed by Smash Balloon representatives to allow identification of a user/customer in relationship to handling a support or account issue which the user/customer has willingly contacted us about for the sole purpose of receiving account or support assistance as it may relate to one of our products.
- This data is never shared with a third party or provided to anyone else.
- This data is not viewed by anyone other than Smash Balloon representatives designated to work within the customer service area and for the sole for the purpose of assisting the user/customer.
- Any user/customer can request at any time to have any of these data types to be deleted from our database simply by submitting an email request through this page.
- When receiving a such a request from a user/customer Smash Balloon will only delete the information that would potentially identify the affected user/customer but will not delete other purchasing information as it relates to a product itself. In other words information that would help identify a specific individual, corporation, business entity or government agency will be deleted from the transaction but other information we use relating to tracking the type and number of products sold for our business purposes will not be deleted.
- NOTE: EFFECTS OF A DATA DELETION REQUEST – A request for removal of any of these “personal data” types above by an affected user/customer will prevent Smash Balloon from being able to establish any further communication or grant any rights and privileges for the use our product that might otherwise been enjoyed or desired by the customer and allowed by us.
This occurs because upon removal of the data we will no longer be able to confirm any privileges that may have been granted for the use of our product connected to that individual/business. This is the unfortunate result when a user/customer has elected to disassociate themselves with the purchased product and rights to use of that product as requesting removal of data no longer allows us to confirm if those rights existed.
6.) Email addresses (personal or business)
- This personal data type is collected and stored for the sole purpose of conducting Smash Balloon business. This data is required to initiate any purchase or support request. It is the key identifier of a customer account which links to purchase information regarding the type of plugin, license type, and amount paid for any purchased plugin from Smash Balloon’s website.
- This data type is also collected and stored for user/customers who have not purchased a Smash Balloon product but instead have downloaded a Free version of one of our plugins and do contact Smash Balloon by email requesting assistance for support issues they encounter.
- This data stored only on our server in the appropriate corresponding field of our database under the “purchases” data tables and linked to our “customer” data tables or “user” data tables.
- This data is always required and used solely by Smash Balloon to allow user/customer identification for the purposes of handling support or account issues at the user/customer’s request when they contact us for assistance.
- This data is never shared with a third party or provided to anyone else.
- This data is not viewed by anyone other than Smash Balloon employees designated to work within our customer service for the purpose of assisting the customer.
7.) Data that is supplied within a user/customer’s email correspondence and provided by the user/customer.
Smash Balloon does collect, store, and maintain, emails relating to all support requests. Smash Balloon cannot control what information a user/customer might send to us in an email generated by the user/customer. Therefore, Smash Balloon does at times encounter information within the submitted email content which will under the EU-GDPR be considered “personal data”.
Unfortunately Smash Balloon cannot control what information a user/customer may send to us when initiating contact as it is the user/customer themselves who initiate the contact and often may send personal data within their emails when submitting initial requests for technical support issues.
Users/Customers periodically include other information which the customer has chosen to provide such as their name, a website address, or a password they provide to allow access to their website for the purposes of receiving a direct “hands-on” technical support.
Smash Balloon takes measures to protect all email data/information received by storing this information on a secure email server. Furthermore Smash Balloon treats all emails to already contain “personal data” which needs to be protected further simply by the mere presence of having an email address within the email communication as the EU-GDPR has deemed a email address in and of itself is to be considered personal data. (See this article here).
Within our approach of protecting email data Smash Balloon controls all email data in the following manner:
- All email is stored on a secure server.
- Email correspondence is collected but not sorted.
- Emails are stored and archived on Smash Balloon’s email server to allow Smash Balloon the ability to refer back to previous support issues that were encountered.
- Email correspondence is not shared with any third parties.
- Emails are only viewed by designated Smash Balloon support staff.
9.) Smash Balloon does not collect, process or store any “personal data” relating to a financial transaction that occurs. Data used to initiate a purchase is controlled in the following manner:
When a purchase is made the customer leaves the Smash Balloon site and all financial transaction information collected, recorded, and maintained for the purpose of completing a purchase takes place within the server and databases of the financial institution the customer chooses to use. The financial institution provides Smash Balloon with a unique purchase transaction number which then allows Smash Balloon to identify a purchase was made. This number is required to confirm the actual financial transaction took place and the product purchased can be delivered to the Smash Balloon account the user/customer set up at the time of purchase. It is also need should a customer request a refund from Smash Balloon as it then allows the financial institution to link back to that specific transaction within their own system allowing the refund to be applied to the correct account they are maintaining.
Request for Removal of Personal Data
Please view this page here for detailed instructions on how to submit a request to have “personal data” removed from our servers.
Lawful Basis for “Personal Data” Declared
EU-GDPR Article 6 states processing personal data has to have an articulated and lawful basis covered under Article 6 of the EU-GDPR and comply with the accountability principle in Article 5 (2), you must be able to demonstrate that a lawful basis applies.
Smash Balloon declares and identifies it’s lawful basis as most closely covered under Article 6 .1 a), b), c) and d) allowing us to collect, processes and maintain personal data under Smash Balloon’s control for the following purposes:
Article 6.1 (a) – the data subject has given consent to the processing of his or her personal data for one or more specific purposes; (this occurs whenever the user/customer initiates contact for support, purchasing or use purposes – this is done solely for the benefit of the user/customer).
Article 6.1 (b) – processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract; (this occurs when the user/customer initiates a purchase of our product and to fulfill the purchase agreement – this is done for the benefit of both Smash Balloon and the user/customer).
Article 6.1 (c) – processing is necessary for compliance with a legal obligation to which the controller is subject; (this occurs when the user/customer completes purchase agreement for a product and wishes to assert the rights to the use of that product – this is done for the benefit of both Smash Balloon and the user/customer).
Article 6.1 (d) – processing is necessary in order to protect the vital interests of the data subject or of another natural person; (this occurs when the user/customer purchases a product and asserts rights to that product – – this is done for the benefit of the user/customer to determine if that right exists).