Privacy and cookie policy

1. Definitions

For the purposes of this Privacy Policy the following terms shall have the meaning given to them below.

“Company”, “we” (and respective pronouns) mean Pessimistic OÜ, a legal entity registered at the address: the Republic of Estonia, Harju maakond, Tallinn, Kesklinna linnaosa, Narva mnt 7, 10117, with registration number 16156224.
“Consent” means any freely given, specific, informed and unambiguous indication of your wishes by which you, by a statement or by a clear affirmative action, signify agreement to the processing of your personal data. You can provide your consent by clicking on the button “I consent” on the appearing page when you visit our websites.
“Controller” means the Company, which determines the purposes and means of the processing of personal data.
“General Data Protection Regulation” means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC.
“Personal data” means any information relating to an identified or identifiable natural person (data subject).
“Data subject”, “you” mean 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.
“Processing” 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, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
“Processor” means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
“Profiling” means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person.
“Recipient” means a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not.
“Restriction of processing” means the marking of stored personal data with the aim of limiting their processing in the future.
“Services” mean the services that we may offer and provide to you from time to time on our websites.
“Third party” means a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.
“Websites” mean our websites in the Internet: https://pessimistic.io/, https://spotter.pessimistic.io/, http://blog.pessimistic.io.

2. SUBJECT OF THE PRIVACY POLICY

The Company is committed to protect your personal data and to respect your privacy.
This Privacy Policy provides information about the protection of your personal data and explains the reason for the processing of your personal data, the way we collect, handle and ensure protection of all personal data provided, how that information is used and what rights you have in relation to your personal data. It also specifies the contact details of the responsible person with whom you may exercise your rights.
The Company takes all necessary measures to process your personal data lawfully, fairly and in a transparent manner.

3. WHY AND HOW DO WE PROCESS YOUR PERSONAL DATA?

The Company collects and uses your personal data to allow you to request and experience our services and in this way personalise your user experience. This includes the possibilities of filling in different forms on our website, receiving information on our services, quotes, events, newsletters.
The processing operation consists of storing the personal data you provide us with when you fill in different forms on the website and using it to provide you with the requested services.
Your personal data will not be used for automated decision-making including profiling.

4. ON WHAT LEGAL GROUNDS DO WE PROCESS YOUR PERSONAL DATA?

We process your personal data, because processing is necessary for the performance of services and the provision of information that you request from us; and by clicking the “I consent” button on our website you have given consent to the processing of your personal data for one or more specific purposes.
Legal basis for processing your personal data is the General Data Protection Regulation and your consent.

5. WHICH PERSONAL DATA DO WE COLLECT AND FURTHER PROCESS?

In order to carry out processing we collect the following categories of your personal data for:
- filling out forms to request our services: first name, surname, email address, Telegram username, a codebase link, an expected deadline, repository and scope;
- filling out questionnaires and surveys: first name, surname, email address, Telegram username, languages you speak and the proficiency level, your work experience and expectations from the Company, your knowledge of programming languages, we may also request other personal data depending on the purposes of questionnaires and surveys;
- the Company’s newsletter: name and email address;
- improving our services: history of interactions with the websites, date and time of a request time zone, country, dates and times of access.
The provision of personal data is mandatory if you want to benefit from our services.

6. HOW LONG DO WE KEEP YOUR PERSONAL DATA?

The Company only keeps your personal data for the time necessary to fulfil the purpose of collection or further processing, namely for providing you with the requested services.
If you have provided your explicit consent to receiving the Company’s newsletter, you will remain on the mailing list until you unsubscribe.
If you have provided your personal data via questionnaires and surveys, such data will be kept as long as it is necessary to fulfil their purposes.

7. HOW DO WE PROTECT AND SAFEGUARD YOUR PERSONAL DATA?

All personal data in electronic format are stored on the servers of our contractors (webflow.com, analytics.google.com) in the following countries: United States.
Our contractors are bound by a specific contractual clause for any processing operations of your data on behalf of the Company, and by the confidentiality obligations deriving from the General Data Protection Regulation.
In order to protect your personal data, the Company has put in place a number of technical and organisational measures. Technical measures include appropriate actions to address online security, risk of data loss, alteration of data or unauthorised access, taking into consideration the risk presented by the processing and the nature of the personal data being processed. Organisational measures include restricting access to the personal data solely to authorised persons with a legitimate need to know for the purposes of this processing operation.
If you participate in a survey or fill in questionnaires, we may transfer your personal data to our contractor to fulfil their purpose.

8. WHO HAS ACCESS TO YOUR PERSONAL DATA AND TO WHOM IS IT DISCLOSED?

Access to your personal data is provided to the Company staff responsible for carrying out processing and to authorised staff according to the “need-to-know” principle. Such staff abide by statutory rules and, when required, additional confidentiality agreements.

9. WHAT ARE YOUR RIGHTS AND HOW CAN YOU EXERCISE THEM?

You have the rights stipulated by Chapter III of the General Data Protection Regulation.
If you have consented to provide your personal data, you can withdraw your consent at any time by notifying the Company. The withdrawal will not affect the lawfulness of the processing carried out before you have withdrawn the consent.
You can exercise your rights by contacting the Company. If you would like to exercise your rights or if you have comments, questions or concerns, or if you would like to submit a complaint regarding the collection and use of your personal data, please feel free to contact the Company at hello@pessimistic.io.

10. COOKIES POLICY

To make our website work properly we sometimes place small data files called “cookies”’ on your device.
- A cookie is a small text file that a website stores on your computer or mobile device when you visit the website. It enables the website to remember your actions and preferences (such as login, language, font size and other display preferences) over a period of time, so you do not have to keep re-entering them whenever you come back to the site or browse from one page to another.
- First-party cookies are cookies set by the website you are visiting. Only that website can read them. In addition, a website might potentially use external services, which also set their own cookies, known as third-party cookies.
- Persistent cookies are cookies that are saved on your computer and are not deleted automatically when you quit your browser, unlike a session cookie, which is deleted when you quit your browser.
- Every time you visit the websites, you will be prompted to accept or refuse cookies.
- Cookies can also be used to establish anonymised statistics about the browsing experience on our websites.
The websites mostly use “first-party cookies”. These are cookies set and controlled by the Company, not by any external organisations. However, to view some of our pages, you will have to accept cookies from external organisations. You can delete or block these cookies, but if you do that, some features of this site may not work as intended. These cookies are used to remember your display preferences, such as browsing language, contrast colour, font size, device used, search results preferences and notification preferences, your latest visit to the websites (for statistical purposes).
These cookies are set by us and only we can read them. They remember if you have given consent.
- Name
- Service
- Purpose
- Cookie type and duration
We also have to include operational cookies in order for certain web pages to function. For this reason, they do not require your consent. In particular, authentication cookies, technical cookies required by certain IT systems.
We also use these cookies that help us optimize user experience.
We use analytic cookies purely for internal research on how we can improve the service we provide for all our users. The cookies simply assess how you interact with our websites — as an anonymous user (the data gathered does not identify you personally). Also, this data is not shared with any third parties or used for any other purpose. The anonymised statistics could be shared with contractors working on communication projects under contractual agreement with the Company. You are free to refuse these types of cookies via the cookie banner preferences.
Some of our pages may display content from external providers and links to websites managed by third parties. To view this third-party content, you first have to accept their specific terms and conditions. This includes their cookie policies, which we have no control over. But if you do not view this content, no third-party cookies will be installed on your device. These third-party services are outside of the control of the Company. Such third parties may, at any time, change their terms of service, purpose and use of cookies, etc.
The cookie-related information is not used to identify you personally and the pattern data is fully under our control. These cookies are not used for any purpose other than those described here.
You can delete all cookies that are already on your device by clearing the browsing history of your browser. This will remove all cookies from all websites you have visited. Be aware though that you may also lose some saved information.
For more detailed control over site-specific cookies, check the privacy and cookie settings in your preferred browser.
You can set most modern browsers to prevent any cookies being placed on your device, but you may then have to manually adjust some preferences every time you visit a site/page. And some services and functionalities may not work properly at all (e.g. logging in to your profile).

11. WHO HAS ACCESS TO YOUR PERSONAL DATA AND TO WHOM IS IT DISCLOSED?

We reserve the right to amend this Privacy Policy anytime so that it always complies with current legal requirements or to implement changes to our services.