Helpsocial Privacy Policy

Pursuant to Article 13 of Regulation (EU) 2016/679 (“GDPR” or the “Regulation”).

Helpsocial is a platform that offers automation services for Instagram and TikTok and operates in the technology-related services sector. Helpsocial (as defined below) is committed to protecting and respecting your privacy. In this Privacy Policy (“Privacy Policy”), provided pursuant to Article 13 of the Regulation, we have set out all the information regarding the data we collect and how we process it when you use the services provided by Helpsocial.

Definitions

Unless otherwise or additionally defined in this Privacy Policy, the terms and expressions capitalized herein shall have the meaning assigned to them above and below. Terms defined in the plural are also understood to apply in the singular and vice versa:

• Site and/or App: the website Helpsocial.ai and the Helpsocial app, owned by KodeX Srl, with registered office at Via Empedocle 9, 93017 San Cataldo (CL), Italy, email: info@helpsocial.ai
• Platform: the Helpsocial.ai web platform managed by Helpsocial that offers automation services for Instagram and TikTok powered by an advanced AI algorithm;
• The Company or We: KodeX Srl, with registered office at Via Empedocle 9, 93017 San Cataldo (CL), Italy, email: info@helpsocial.ai, PEC: kodex@pec.it; the legal entity managing the Platform, domains and subdomains, and owning the same, the Services and the Content provided through them; the operator and/or owner of the supporting IT and non-IT infrastructure; the owner of the trademark “Helpsocial”; the Data Controller (as indicated in this Privacy Policy);
• Profile or account: the reserved area uniquely attributable to a Registered User; the digital environment with customizable content and functionalities, isolated from other users, licensed together with a unique username and password chosen and assigned to the Registered User;
• User: the natural person using the Site/App without registering their data;
• Registered User: the natural person who has registered their data on the Site/App and has access to a licensed Profile;
• Content: all materials, without exception, present on the Site/App (including, but not limited to, texts, images, articles, documents, video materials, logos, original or reproduced works, including software, site logic, menus, layouts, graphics, and colors) or sent to the User by Helpsocial;
• Provider: any third-party operators partnered with Helpsocial for the provision of the Service;
• Service: all activities and operations offered by Helpsocial that Users can carry out via the Site;

An introduction to Helpsocial

Helpsocial.ai is a platform that offers automation services for Instagram and TikTok powered by an advanced AI algorithm. The use of the Platform is simple and takes place in 3 steps. First, the User connects the account they wish to grow and drive targeted traffic to, based on the product or service they offer. Second, the User identifies their target by inputting profiles similar to their own and enabling Helpsocial’s AI support to detect them. Finally, Helpsocial’s AI support interacts with the identified target, generating interest and prompting users to engage and connect with the User.

We invite you to carefully read our Terms of Use and General Terms of Service to better understand how we provide our Services. We also strongly recommend reviewing this Privacy Policy to understand how we will use your data, what protections we offer, and the rights you can exercise in relation to us. If you do not wish for your data to be processed as described in this Privacy Policy, please refrain from using Helpsocial. For any questions about this Privacy Policy or Helpsocial, you may contact us at info@helpsocial.ai.

1. Data Controller

The Data Controller is Helpsocial.
You may contact us at any time by sending an email to: info@helpsocial.ai

2. Which data we process

Depending on the situation and within the purposes described in Article 3 (Purposes of Processing), we process the following categories of personal data:

• Personal identification data (e.g., name, surname, and date of birth);
• Contact details (e.g., email address);
• Contract-related data (e.g., services purchased through Helpsocial);
• IP address, and information collected through the use of cookies and similar online trackers.

3. Purposes of Processing

In relation to the activities that you may carry out through the Site/App, we collect your personal data which, pursuant to Article 6 of the Regulation, may be processed for the following purposes:

Performance of contractual obligations related to the provision of Services

This includes enabling navigation on the Site/App, fulfilling the Terms of Service which you accepted during registration, and processing your requests. We will use your personal data to perform all necessary pre-contractual and contractual activities in order to respond to your requests and execute the contract between you and us, allowing you to benefit from all our Services.

The legal basis for the above processing purposes is Article 6(1)(b) of the GDPR, i.e., processing is necessary for the performance of a contract to which you, as a User, are a party, or to take steps at your request before entering into a contract. We would not be able to execute the contract without using your personal data.

The provision of personal data for this purpose is optional but necessary; without it, you will not be able to access our Services.

Compliance with legal obligations

Your personal data may be processed in order to comply with legal obligations to which we are subject (e.g., tax or accounting obligations) and with orders issued by authorities or regulatory bodies.

The legal basis for this processing purpose is Article 6(1)(c) of the GDPR, i.e., processing is necessary for compliance with a legal obligation to which we are subject. Without using your personal data, we would be unable to comply with our legal obligations. Therefore, the provision of personal data for this purpose is optional but necessary; without it, you will not be able to access and use the Services.

Protection of our rights

We may use your personal data to defend our rights in judicial and extrajudicial proceedings in the event of contractual or non-contractual violations affecting us, for example, to pursue actions for debt recovery if necessary due to failure to pay the agreed sums under the contract.

The legal basis for this processing is Article 6(1)(f) of the GDPR, i.e., it is necessary for the purposes of our legitimate interest; protecting this interest would not be possible without the use of your personal data.

You, as a User, have the right to object at any time, free of charge, to the processing of your personal data for the purposes described in this paragraph by contacting us through the channels indicated in Article 1. In such case, we will refrain from processing your personal data unless we demonstrate compelling legitimate grounds for the processing that override your interests, rights, and freedoms, or for the establishment, exercise, or defense of legal claims.

Commercial communications about new services

We may send you, exclusively via the email address you have provided, promotions and offers related to services that may be of interest to you and are similar to those you have already purchased (so-called “soft spam”). These communications will only occur via email, and you will always have the right to opt out at any time.

The legal basis for this processing is Article 6(1)(f) of the GDPR, i.e., our legitimate interest in promoting our services. This legitimate interest cannot be pursued without using your personal data.

You, as a User, have the right to object at any time and free of charge to the processing of your personal data for this purpose by contacting us as indicated in Article 1.

Marketing activities

Subject to your free, optional, and specific consent, some of the personal data you provide through registration on the Site/App (such as name, surname, IP address, and email address) may be processed by us for marketing purposes (i.e., sending advertisements, direct sales, and commercial communications). This includes contacting you by email or push notifications to promote our services, present offers, promotions, and business opportunities, send newsletters, and invite you to initiatives and events, as well as to conduct market research and customer satisfaction surveys.

Failure to provide consent will not affect your ability to use the Services, and no negative consequences will occur.

The legal basis for this processing is Article 6(1)(a) of the GDPR, i.e., your explicit consent, which will be specifically requested. If you do not provide your consent, no processing will occur for this purpose. You may withdraw your consent at any time by contacting us using the channels provided in Article 1.

Profiling activities

Subject to your free, optional, and specific consent, we may process your personal data and your purchase history (including navigation data collected through analytics or profiling cookies, for which consent is obtained via the cookie banner) to analyze your preferences and habits. This will allow us to offer personalized offers through direct marketing (via email, SMS, and/or push notifications) tailored to your tastes and needs.

Failure to provide consent will not affect your ability to use the Services, and no negative consequences will occur.

The legal basis for this processing is Article 6(1)(a) of the GDPR, i.e., your explicit consent, which will be specifically requested. You may withdraw your consent at any time by contacting us using the channels provided in Article 1.

Data sharing with our Partners

Subject to your free, optional, and specific consent, your personal data (e.g., name, surname, email, date of birth, etc.) may be shared with the following category of third-party companies: (Klaviyo), (the “Partner”), a company specialized in email marketing automation services, for the purposes of direct marketing and market analysis. The Partner will act as an independent data controller and may contact you via authorized channels (email, SMS, notifications, etc.).

Please note that Klaviyo is a company based in the United States, and your personal data will be transferred outside the European Union. This transfer will take place in compliance with Articles 44 et seq. of the GDPR. Klaviyo adheres to the EU-U.S. Data Privacy Framework, recognized by the European Commission as providing an adequate level of protection for personal data transferred from the EU to the U.S.

For more information on how the Partner processes your data, please refer to their Privacy Policy at: [https://www.klaviyo.com/legal/privacy/privacy-notice].

The updated list of partner companies we collaborate with for marketing purposes is available upon request by emailing [info@helpsocial.ai].

Once the data has been transferred, it is the Partner’s responsibility to provide all the information required under Article 14 of the GDPR. Therefore, any requests to stop receiving marketing communications from the Partner must be addressed directly to them.

Failure to provide consent will not affect your ability to use the Services, and no negative consequences will occur. The legal basis for this processing is Article 6(1)(a) of the GDPR, i.e., your consent.

You may withdraw your consent at any time by contacting us using the channels provided in Article 1.

Participation in research activities

Subject to your free, optional, and specific consent (which will be requested via checkbox/pop-up), we may process your personal data (particularly: name, surname, email address, date of birth, IP address) to allow you to participate in structured research activities aimed at improving the services we offer. In some cases, based on your consent given when joining such activities, this may also include processing your image and voice.

Failure to provide consent will not affect your ability to use the Services, and there will be no negative consequences for you.
The legal basis for this processing is Article 6(1)(a) of the GDPR, i.e., your explicit consent. If you do not provide consent, no data will be processed for this purpose. You may withdraw your consent at any time by contacting us using the methods described in Article 1.

Creation of reports using anonymized data

We will anonymize your personal data in order to use it, in aggregated form, to generate reports related to your activity on Helpsocial. These reports are used in Helpsocial’s interest to improve the Services, manage our operations more effectively, and share statistical information and business analyses with our partners. These reports do not contain any personal data but only anonymized data that can no longer, even indirectly, identify the data subject.

The legal basis for this processing (data processing for anonymization purposes) is Article 6(1)(f) of the GDPR, i.e., our legitimate interest. This interest could not be pursued without the use of your personal data, appropriately anonymized.
As a User, you have the right to object, at any time and free of charge, to the processing of your personal data for the purposes outlined in this paragraph by contacting us using the methods described in Article 1.

4. Data Communication

Within the limits of the purposes stated in Article 3 (Purposes of processing), your personal data may be communicated to the following categories of recipients, appointed, where necessary, as Data Processors pursuant to Article 28 of the GDPR:

• service providers for the management of our IT systems;
• legal, accounting, tax, and administrative consultants;
• companies used by us to provide the Services, such as our Partner;
• banks and other financial institutions for payment processing;
• authorities and regulatory/supervisory bodies, and generally public or private entities with public functions;
• natural persons authorized by us who are bound to confidentiality (e.g., employees and collaborators).

You may request the complete and updated list of the parties to whom your personal data may be communicated by contacting us at the addresses provided in Article 1.
Your data may be accessed, within the limits of their respective roles, by our employees, assigned workers, or collaborators who act as persons authorized to process the data under Article 29 of the GDPR.

Your personal data will not be disclosed to third parties not mentioned in this Privacy Policy or to other users of the Services.

5. Data Transfer Abroad

Your personal data may be transferred to service providers located in non-EU countries, for the functionality of the Services.

Such transfer will occur in compliance with the safeguards provided by applicable law, based on an adequacy decision pursuant to Article 45 of the GDPR or by adopting and signing Standard Contractual Clauses approved by the EU Commission to govern the relationships between us and the involved providers.
Upon simple request to the contacts provided in Article 1, you may receive more information on the transfer of your personal data.

In particular, with regard to our Partner Klaviyo, it adheres to the EU-U.S. Data Privacy Framework, recognized by the European Commission as providing an adequate level of protection for personal data transferred from the EU to the U.S.

6. Methods of Processing

We will process your personal data lawfully, fairly, and in accordance with all the principles set out in Article 5 of the GDPR, both with and without the use of electronic tools. Processing will be based on logic strictly related to the purposes indicated and in a manner that ensures the security and confidentiality of the data.

Any analysis of your preferences and interests for profiling purposes (subject to your prior consent) will always involve human intervention and will never be conducted exclusively through automated means.

The security and confidentiality of your personal data will be ensured through appropriate measures to prevent, among other things, disclosure, unauthorized access, alteration, and loss of the processed information.

7. Data Retention Period

Your personal data will be retained only for the time necessary to fulfill your request regarding the Service, to comply with our legal obligations, and, in any case, for as long as strictly necessary to achieve the purposes for which the data was collected as outlined in Article 3 (Purposes of Processing).

Please note that in the event of withdrawal of your consent or upon the expiration of the periods outlined below, we will delete or anonymize all information related to you from our records.

Purpose of Processing	Methods of Processing	Type of Personal Data	Retention Period
Performance of the Contract and Service provision	Account registration; Document delivery; Billing and payments	– Personal identification data; – Contact details; – Service-related data; – Billing and payment data	Duration of the contract and up to 10 years for legal/statutory retention
Compliance with legal obligations	Accounting updates and verifications; Communications	– Contact details; – Service-related data; – Billing data	Duration of the contract
Defense of the Company’s rights	Preparation and delivery of documents for judicial or extrajudicial defense	– Personal identification data; – Contact details; – Contract and service data; – Billing and payment data	As long as needed for dispute resolution
Soft spam on similar services	Email communication	– Email address only	For the duration of service use or until opt-out
Marketing activities	Promotional communications via email, phone, SMS	– Personal identification data; – Contact details	For the duration of consent and account retention; ends upon consent withdrawal or account deletion
Profiling activities	Personalized marketing via email, push notifications, SMS	– Purchased services data; – Identification and contact data; – Browsing data (subject to cookie consent)	For the duration of consent and account retention; ends upon consent withdrawal or account deletion
Sharing data with Partners	Collection, organization, and transfer of personal data	– Identification data; – Contact data; – Purchased services data	For the duration of consent and account retention; ends upon consent withdrawal or account deletion
Participation in research	Questionnaire participation, online activities	– Identification data; – Contact data; – IP address; – Image	For the duration of consent and account retention; ends upon consent withdrawal or account deletion
Anonymized reporting	Data processing for anonymization	– Name; – Age; – Domicile (in reports, accounts may be referenced)	Up to one year from collection

Please note that upon withdrawal of consent or upon expiration of the terms mentioned above, we will delete or anonymize from our records all information referring to you.

8. Your Rights

You have the right to obtain from us the following information:

(i) the origin of your personal data;
(ii) the purposes and methods of processing;
(iii) the logic applied in case of processing carried out using electronic means;
(iv) the identification details of the data controller and data processors;
(v) the entities or categories of entities to whom the personal data may be communicated or who may become aware of it as data processors or persons in charge.

In particular, you have the right to obtain:

• access, updates, rectification, or, when in your interest, integration of your data;
• erasure, anonymization, or restriction of data processed in violation of the law, including data that does not need to be retained for the purposes for which it was collected or subsequently processed;
• confirmation that the operations above have been notified to those to whom the data was communicated or disclosed, except where this proves impossible or involves a disproportionate effort compared to the right being protected.

You also have the right to:

• withdraw your consent at any time, where processing is based on your consent;
• (if applicable) exercise your right to data portability (i.e., the right to receive all personal data concerning you in a structured, commonly used, and machine-readable format).
  Please note that with regard to participation in research activities described in Article 3, the delivery of your data may take longer than for other data due to technical reasons and additional security measures.

You also have the right to object:

• in whole or in part, for legitimate reasons, to the processing of your personal data, even if relevant to the purpose of collection;
• in whole or in part, to the processing of your personal data for purposes of sending advertising material or direct sales or conducting market research or commercial communication;
• at any time, where personal data is processed for direct marketing purposes, including profiling related to such marketing.

You may exercise your rights under Articles 15 to 22 of the GDPR by contacting us using the information provided in Article 1. We will respond without undue delay and, in any case, within one month from your request.

In the case of manifestly unfounded or excessive requests (including due to their repetitive nature), we may charge a reasonable fee or refuse to act on your request. Please note that, to exercise your rights, we may need to verify your identity.

9. Filing a Complaint

If you believe that our processing of your data violates GDPR provisions, you have the right to file a complaint with the Data Protection Authority (https://www.garanteprivacy.it/home/modulistica-e-servizi-online/reclamo) or with the supervisory authority of the EU Member State where you usually reside, work, or where the alleged violation took place.

In Italy, the competent authority is:
Garante per la protezione dei dati personali
Piazza Venezia 11, 00187 Rome, Italy
http://www.garanteprivacy.it

10. Registration via “Google”

If you have a Google account, you may register on the Site or App using the “Continue with Google” option.

The data Google may share with us includes: your first name, last name, profile picture, the email address associated with your Google account, and a unique identifier.

We use this data to facilitate the registration process by pre-filling the registration fields. You may then access our Services using your Google account credentials.

For more information on how Google handles your data, please see their Privacy Policy:
https://policies.google.com/privacy

11. Updates

Given potential updates to data protection laws, we may modify or update this Privacy Policy at any time. If changes are significant, we will notify you via email, and they will become binding from the moment of communication or publication on the Site or App.

To stay informed about how we handle your personal data, please check the Privacy section of the Site or App regularly.