Personal data protection

1. Purpose, Scope and Users
IQ Digital by UPGRADE 100 , hereinafter referred to as the “Company”, strives to comply with
applicable laws and regulations related to Personal Data protection in countries where the Company
operates. This Policy sets forth the basic principles by which the Company processes the personal
data of consumers, customers, suppliers, business partners, employees and other individuals, and
indicates the responsibilities of its business departments and employees while processing personal
data.

This Policy applies to the Company and its directly or indirectly controlled wholly-owned subsidiaries
conducting business within the European Economic Area (EEA) or processing the personal data of data
subjects within EEA.

The users of this document are all employees, permanent or temporary, and all contractors working
on behalf of The Company.

2. Definitions
The following definitions of terms used in this document are drawn from Article 4 of the European
Union’s General Data Protection Regulation:

Personal Data: Any information relating to an identified or identifiable natural person (“Data Subject”)
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.

Sensitive Personal Data: Personal data which are, by their nature, particularly sensitive in relation to
fundamental rights and freedoms merit specific protection as the context of their processing could
create significant risks to the fundamental rights and freedoms. Those personal data include personal
data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union
membership, genetic data, biometric data for the purpose of uniquely identifying a natural person,
data concerning health or data concerning a natural person’s sex life or sexual orientation.

Data Controller: The natural or legal person, public authority, agency or any other body, which alone
or jointly with others, determines the purposes and means of the processing of personal data.

Data Processor: A natural or legal person, public authority, agency or any other body which processes
personal data on behalf of a Data Controller.

Processing: An 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, organization,
structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission,
dissemination or otherwise making available, alignment or combination, restriction, erasure or
destruction of the data.

Anonymization: Irreversibly de-identifying personal data such that the person cannot be identified by
using reasonable time, cost, and technology either by the controller or by any other person to identify
that individual. The personal data processing principles do not apply to anonymized data as it is no
longer personal data.

Pseudonymization: The processing of personal data in such a manner that the personal data can no
longer be attributed to a specific data subject without the use of additional information, provided that
such additional information is kept separately and is subject to technical and organizational measures
to ensure that the personal data are not attributed to an identified or identifiable natural person.
Pseudonymization reduces, but does not completely eliminate, the ability to link personal data to a
data subject. Because pseudonymized data is still personal data, the processing of pseudonymized data
should comply with the Personal Data Processing principles.

Cross-border processing of personal data: Processing of personal data which takes place in the context
of the activities of establishments in more than one Member State of a controller or processor in the
European Union where the controller or processor is established in more than one Member State; or
processing of personal data which takes place in the context of the activities of a single establishment
of a controller or processor in the Union but which substantially affects or is likely to substantially
affect data subjects in more than one Member State;

Supervisory Authority: An independent public authority which is established by a Member State
pursuant to Article 51 of the EU GDPR;

Lead supervisory authority: The supervisory authority with the primary responsibility for dealing with
a cross-border data processing activity, for example when a data subject makes a complaint about the
processing of his or her personal data; it is responsible, among others, for receiving the data breach
notifications, to be notified on risky processing activity and will have full authority as regards to its
duties to ensure compliance with the provisions of the EU GDPR;

Each “local supervisory authority” will still maintain in its own territory, and will monitor any local
data processing that affects data subjects or that is carried out by an EU or non-EU controller or
processor when their processing targets data subjects residing on its territory. Their tasks and powers
includes conducting investigations and applying administrative measures and fines, promoting public
awareness of the risks, rules, security, and rights in relation to the processing of personal data, as well
as obtaining access to any premises of the controller and the processor, including any data processing
equipment and means.

“Main establishment as regards a controller” with establishments in more than one Member State,
the place of its central administration in the Union, unless the decisions on the purposes and means
of the processing of personal data are taken in another establishment of the controller in the Union and the latter establishment has the power to have such decisions implemented, in which case the
establishment having taken such decisions is to be considered to be the main establishment;

“Main establishment as regards a processor” with establishments in more than one Member State,
the place of its central administration in the Union, or, if the processor has no central administration
in the Union, the establishment of the processor in the Union where the main processing activities in
the context of the activities of an establishment of the processor take place to the extent that the
processor is subject to specific obligations under this Regulation;

Group Undertaking: Any holding company together with its subsidiary.

3. Basic Principles Regarding Personal Data Processing
The data protection principles outline the basic responsibilities for organisations handling personal
data. Article 5(2) of the GDPR stipulates that “the controller shall be responsible for, and be able to
demonstrate, compliance with the principles.”

3.1. Lawfulness, Fairness and Transparency

Personal data must be processed lawfully, fairly and in a transparent manner in relation to the data
subject.

3.2. Purpose Limitation

Personal data must be collected for specified, explicit and legitimate purposes and not further
processed in a manner that is incompatible with those purposes.

3.3. Data Minimization

Personal data must be adequate, relevant, and limited to what is necessary in relation to the purposes
for which they are processed. The Company must apply anonymization or pseudonymization to
personal data if possible to reduce the risks to the data subjects concerned.

3.4. Accuracy

Personal data must be accurate and, where necessary, kept up to date; reasonable steps must be taken
to ensure that personal data that are inaccurate, having regard to the purposes for which they are
processed, are erased or rectified in a timely manner.

3.5. Storage Period Limitation

Personal data must be kept for no longer than is necessary for the purposes for which the personal
data are processed.

3.6. Integrity and confidentiality

Taking into account the state of technology and other available security measures, the implementation
cost, and likelihood and severity of personal data risks, the Company must use appropriate technical or organizational measures to process Personal Data in a manner that ensures appropriate security of
personal data, including protection against accidental or unlawful destruction, loss, alternation,
unauthorized access to, or disclosure.

3.7. Accountability

Data controllers must be responsible for and be able to demonstrate compliance with the principles
outlined above.

4. Building Data Protection in Business Activities
In order to demonstrate compliance with the principles of data protection, an organisation should
build data protection into its business activities.

4.1. Notification to Data Subjects

See the Privacy Notice section.
4.2. Data Subject’s Choice and Consent

See the Privacy Notice section.
4.3. Collection

The Company must strive to collect the least amount of personal data possible. If personal data is
collected from a third party, Data Protection Officer must ensure that the personal data is collected
lawfully.

4.4. Use, Retention, and Disposal

The purposes, methods, storage limitation and retention period of personal data must be consistent
with the information contained in the Privacy Notice. The Company must maintain the accuracy,
integrity, confidentiality and relevance of personal data based on the processing purpose. Adequate
security mechanisms designed to protect personal data must be used to prevent personal data from
being stolen, misused, or abused, and prevent personal data breaches. Data Protection Officer is
responsible for compliance with the requirements listed in this section.

4.5. Disclosure to Third Parties

Whenever the Company uses a third-party supplier or business partner to process personal data on its
behalf, Data Protection Officer must ensure that this processor will provide security measures to
safeguard personal data that are appropriate to the associated risks.

The Company must contractually require the supplier or business partner to provide the same level of
data protection. The supplier or business partner must only process personal data to carry out its
contractual obligations towards the Company or upon the instructions of the Company and not for any
other purposes. When the Company processes personal data jointly with an independent third party, the Company must explicitly specify its respective responsibilities of and the third party in the relevant
contract or any other legal binding document.

4.6. Cross-border Transfer of Personal Data

Before transferring personal data out of the European Economic Area (EEA) adequate safeguards must
be used including the signing of a Data Transfer Agreement, as required by the European Union and, if
required, authorization from the relevant Data Protection Authority must be obtained. The entity
receiving the personal data must comply with the principles of personal data processing.

4.7. Rights of Access by Data Subjects

When acting as a data controller, Data Protection Officer is responsible to provide data subjects with
a reasonable access mechanism to enable them to access their personal data, and must allow them to
update, rectify, erase, or transmit their Personal Data, if appropriate or required by law.

4.8. Data Portability

Data Subjects have the right to receive, upon request, a copy of the data they provided to the Company
in a structured format and to transmit those data to another controller, for free. Data Protection
Officer is responsible to ensure that such requests are processed within one month, are not excessive
and do not affect the rights to personal data of other individuals.

4.9. Right to be Forgotten

Upon request, Data Subjects have the right to obtain from the Company the erasure of their personal
data. When the Company is acting as a Controller, Data Protection Officer must take necessary actions
(including technical measures) to inform the third-parties who use or process that data to comply with
the request.

5. Fair Processing Guidelines
Personal data must only be processed when explicitly authorised by Data Protection Officer.

The Company must decide whether to perform the Data Protection Impact Assessment for each data
processing activity.

5.1. Notices to Data Subjects

At the time of collection or before collecting personal data for any kind of processing activities
including but not limited to selling products, services, or marketing activities, Data Protection Officer
is responsible to properly inform data subjects of the following: the types of personal data collected,
the purposes of the processing, processing methods, the data subjects’ rights with respect to their
personal data, the retention period, potential international data transfers, if data will be shared with
third parties and the Company’s security measures to protect personal data. This information is
provided through Privacy Notice.

Where personal data is being shared with a third party, Data Protection Officer must ensure that data
subjects have been notified of this through a Privacy Notice.

Where personal data is being transferred to a third country, the Privacy Notice should reflect this and
clearly state to where, and to which entity personal data is being transferred.

Where sensitive personal data is being collected, the Data Protection Officer must make sure that the
Privacy Notice explicitly states the purpose for which this sensitive personal data is being collected.

5.2. Obtaining Consents

Whenever personal data processing is based on the data subject’s consent, or other lawful grounds,
Data Protection Officer is responsible for retaining a record of such consent. Data Protection Officer
is responsible for providing data subjects with options to provide the consent and must inform and
ensure that their consent (whenever consent is used as the lawful ground for processing) can be
withdrawn at any time.

When requests to correct, amend or destroy personal data records are received, Data Protection
Officer must ensure that these requests are handled within a reasonable time frame. Data Protection
Officer must also record the requests and keep a log of these.

Personal data must only be processed for the purpose for which they were originally collected. In the
event that the Company wants to process collected personal data for another purpose, the Company
must seek the consent of its data subjects in clear and concise writing. Any such request should include
the original purpose for which data was collected, and also the new, or additional, purpose(s). The
request must also include the reason for the change in purpose(s). The Data Protection Officer is
responsible for complying with the rules in this paragraph.

Now and in the future, Data Protection Officer must ensure that collection methods are compliant with
relevant law, good practices and industry standards.

6. Organization and Responsibilities
The responsibility for ensuring appropriate personal data processing lies with everyone who works for
or with the Company and has access to personal data processed by the Company.

The key areas of responsibilities for processing personal data lie with the following organisational roles:

The Data Protection Officer (DPO) is responsible for managing the personal data protection program
and is responsible for the development and promotion of end-to-end personal data protection policies;

The Legal Counsel together with the Data Protection Officer, monitors and analyses personal data
laws and changes to regulations, develops compliance requirements, and assists business departments
in achieving their Personal data goals.

The IT manager, is responsible for: Ensuring all systems, services and equipment used for storing data meet acceptable security
standards.
• Performing regular checks and scans to ensure security hardware and software is functioning
properly.

The Marketing manager, is responsible for:

• Approving any data protection statements attached to communications such as emails and
letters.
• Addressing any data protection queries from journalists or media outlets like newspapers.
• Where necessary, working with the Data Protection Officer to ensure marketing initiatives
abide by data protection principles.

The Human Resources Manager is responsible for:

• Improving all employees’ awareness of user personal data protection.
• Organizing Personal data protection expertise and awareness training for employees working
with personal data.
• End-to-end employee personal data protection. It must ensure that employees’ personal data
is processed based on the employer’s legitimate business purposes and necessity.

The Commercial Department Manager is responsible for passing on personal data protection
responsibilities to suppliers and improving suppliers’ awareness levels of personal data protection as
well as flow down personal data requirements to any third party a supplier they are using. The
Procurement Department must ensure that the Company reserves a right to audit suppliers.

7. Guidelines for Establishing the Lead Supervisory Authority
7.1. Main Establishment and the Lead Supervisory Authority

Main establishment of the Company is in Bucharest, Romania. So the Company, whether acting as a
Controller or as a Processor, will have as a Lead Supervisory Authority the Romanian Data Processing
Authority, namely Autoritatea Națională de Supraveghere a Prelucrării Datelor cu Caracter Personal.

The contact details are:

Autoritatea Națională de Supraveghere a Prelucrării Datelor cu Caracter Personal

B-dul G-ral. Gheorghe Magheru 28-30 , Sector 1, cod postal 010336, Bucuresti, Romania
anspdcp@dataprotection.ro
Phone numbers:
+40.318.059.211
+40.318.059.212
Fax number:
+40.318.059.602

8. Response to Personal Data Breach Incidents
When the Company learns of a suspected or actual personal data breach, Data Protection Officer must
perform an internal investigation and take appropriate remedial measures in a timely manner. Where
there is any risk to the rights and freedoms of data subjects, the Company must notify the relevant
data protection authorities without undue delay and, when possible, within 72 hours.


9. Audit and Accountability
The Data Protection Officer is responsible for auditing how well business departments implement this
Policy.

Any employee who violates this Policy will be subject to disciplinary action and the employee may also
be subject to civil or criminal liabilities if his or her conduct violates laws or regulations.


10. Conflicts of Law
This Policy is intended to comply with the laws and regulations in the place of establishment and of
the countries in which the Company operates. In the event of any conflict between this Policy and
applicable laws and regulations, the latter shall prevail.