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Privacy

 

INFORMATION ON THE PROCESSING OF PERSONAL DATA.

 

1 GENERAL INFORMATION ON THE PROCESSING OF PERSONAL DATA (hereinafter "PD").

 

Merch s.r.o., Slávičia 10, 903 01 Senec, registered in the ORSR Bratislava 1, section Sro, insert No. 95409/B, Company ID: 47 608 803 (hereinafter the “controller”).

 

We comply with the rules and therefore the protection of your PD is important to us. We process PD in accordance with these terms.

 

By granting consent to the processing of PD on the portal www.shop.fckthem.com you provide serious and freely given, specific, informed and unambiguous consent of the data subject (buyer) in the form of a clear affirmative act within the meaning of the Regulation of the European Parliament and of the Council (EU) 2016/679 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 also pursuant to Act No. 18/2018 Coll., of 29 November 2017 on personal data protection and on amending and supplementing certain laws as amended, to the controller (hereinafter “GDPR and the ACT”).

 

2 PURPOSE OF PROCESSING PD

 

If you have provided us with PD, it will be used for the following purposes:

 

2.1 E-shop– for concluding and performing the purchase contract, processing payment, delivering the product, or performing other related activities (such as warranty/complaint handling and other obligations related to consumer protection legislation), concluded via www.shop.fckthem.com between the controller and the buyer. To process the order you provided us with first name, last name, address, e-mail, phone number and your payment details. 
E-mail and phone contact also serve as a means of communication.

A confirmation of the order will be sent to your e-mail, and you can also track the status of your order.

We process personal data on the legal basis (Art. 6/1/b GDPR and the ACT) processing of personal data is necessary for the performance of a contract to which the data subject (buyer) is a party, or in order to take steps prior to entering into a contract at the request of the data subject (buyer) (point 2.1), i.e. it is a contractual requirement.

2.2 Marketing– for marketing purposes, if you have given consent to the controller by ticking the checkbox when submitting the order. Marketing purposes mean sales support, marketing offers, newsletters, SMS information about products and news. If the customer does not wish to receive these offers, they can simply unsubscribe in their account or via the link after receiving the newsletter.

The controller processes PD on the basis of the data subject’s consent (Art. 6/1/a GDPR and the ACT).

 

3 REGISTRATION

The buyer cannot register on the website www.shop.fckthem.com. The buyer is allowed to shop without registration.

 

4 THIRD PARTIES

Your personal data may be provided to third parties. During order processing and performance of the purchase contract, data are also provided to third parties such as carriers, couriers, banks and similar. The buyer’s PD are processed only for the purpose of performing the contract and for the necessary period specified in section 6 Processing period.

5 UNDER 16 YEARS OF AGE

In connection with the offer of information society services, the controller processes personal data on the basis of the data subject’s consent lawfully if the data subject has reached the age of 16. This e-shop is not directly intended for persons under 16 years of age.

The controller does not process PD of persons under 16 years of age. With each registration/login, the controller requests a declaration of honor from the buyer. This e-shop is not intended for purchases by persons under 16.

6 PROCESSING PERIOD

The buyer agrees to the processing of personal data from the day consent is granted under these terms for a period of 10 years for the purpose of performance under the contract, section 2.1.

The buyer agrees to the processing of personal data from the day consent is granted under these terms for a period of 3 years for the purpose of marketing activities, section 2.2.

 

 

7 TRANSFER TO A THIRD COUNTRY

The controller uses the Mailchimp application, which is based in the USA.

The USA is a country which, according to a decision of the European Commission, ensures adequate protection. The operator of the Mailchimp online application has provided adequate guarantees and security for PD and guarantees that it processes PD in accordance with GDPR principles.

 

8 AUTOMATED PROFILING

The controller processes PD in paper and electronic form. In order to improve marketing campaigns, the controller uses automated profiling. Through profiling, we segment offers for you that may interest you and are more advantageous for you. In the case of profiling, we use the following systems: Facebook. 

 

Consent is not required for basic collection of statistical data, e.g. by using the Google Analytics tracking code.

 

9 IP ADDRESS 

It is a set of numbers that uniquely identifies a device in a computer network.

An IP address can be considered, from the perspective of personal data protection, as data relating to an identifiable person.

 

An IP address becomes personal data if:

  • an IP address is personal data if it is processed by an internet access provider together with other identification (name, email…),
  • static IP addresses used by natural persons/individuals must be considered personal data,
  • a dynamic IP address will be considered personal data in the case where an online service provider processes, together with a dynamic IP address, other identifiers considered personal data (e.g. first name, last name, mail, etc.).

 

 

  1.  SECURE DATA TRANSFER

Your personal data are transmitted securely thanks to encryption. The SSL (Secure Socket Layer) coding system is most often used for secure communication with web servers. Personal data in our systems as well as the website are protected by appropriate technical and organizational measures against loss, destruction, alteration and further dissemination of data by unauthorized persons.

 

If you are also registered on our website www.shop.rukahore.sk, access to your account is only available to you, therefore please ensure that you treat these data confidentially. The controller is not responsible for unauthorized handling or misuse of the password.

 

11 RIGHTS OF THE DATA SUBJECT (buyer)

The buyer has the right under the GDPR to (i) the right to rectification, (ii) the right to erasure, (iii) the right to data portability, (iv) the right to object, (v) the right to withdraw consent, (vi) the right of access to information.

Ø  Right to rectification.

The buyer has the right for the controller to rectify without undue delay inaccurate PD relating to them and to complete incomplete PD.

Ø  Right to erasure.

 The buyer has the right for the controller to erase without undue delay PD relating to them. The controller is obliged to erase these PD without undue delay if one of the following reasons is met:

  • the PD are no longer necessary for the purpose for which they were obtained or otherwise processed,
  • the data subject withdraws consent to the processing of PD for at least 1 specific purpose or the consent is invalid if its provision is excluded by a special regulation,
  • the data subject objects to the processing of PD and there are no overriding legitimate grounds for processing the PD, or the data subject objects to the processing of PD where it concerns direct marketing including profiling,
  • the PD are processed unlawfully,
  • the reason for erasure is fulfilment of an obligation under this Act, a special regulation or an international treaty by which the Slovak Republic is bound, or
  • the PD were obtained in connection with the offer of information society services and the data subject is under 16 years of age.

 

If the controller has made the PD public and is obliged to erase them, it is also obliged to take appropriate security measures including technical measures, taking into account available technology and the costs of implementation, in order to inform other controllers processing the data subject’s PD of their request that those controllers erase links to the PD and copies or replications of them.

 

Ø  Right to data portability.

The buyer has the right to obtain PD relating to them which they have provided to the controller in a structured, commonly used and machine-readable format and has the right to transmit those PD to another controller - seller, where technically feasible and if:

-       the PD are processed on the basis of the data subject’s consent, on the basis of a contract and on the basis of the data subject’s consent, which is invalid if its provision is excluded by a special regulation,

-       the processing of PD is carried out by automated means.

 

Ø  Right to object

The buyer has the right to object to the processing of PD relating to them for the purpose of direct marketing including profiling to the extent that it relates to direct marketing; the controller is obliged to explicitly draw the data subject’s attention to their rights at the latest at the time of the first communication with them, and information about this right must be presented clearly and separately from any other information. The buyer may exercise their right to object by automated means using technical specifications.

 

Ø  Withdrawal of consent

The buyer has the right to withdraw consent to the processing of personal data relating to them at any time. Withdrawal of consent does not affect the lawfulness of processing based on consent before its withdrawal; before giving consent, the buyer must be informed of this fact. The buyer may withdraw consent in the same manner in which they gave it.

  • Right of access to information.

 

The buyer has the right to obtain from the controller confirmation as to whether PD relating to them are being processed. If the controller processes such PD, the buyer has the right to access these PD and information about:

  • the purpose of processing the PD,
  • the category of processed PD – in our case, these are ordinary PD; the controller does not process a special category of PD.
  • the identification of the recipient or the category of recipient to whom the PD have been or will be provided, in particular a recipient in a third country or an international organization, if possible,
  • the retention period of the PD; if not possible, information about the criteria for determining it,
  • the right to request from the controller rectification of PD concerning the buyer, their erasure or restriction of their processing, or the right to object to processing of PD,
  • the right to lodge a motion to initiate proceedings,
  • the source of the PD, if the personal data were not obtained from the buyer,
  • the existence of automated individual decision-making including profiling; in such cases the controller shall provide the buyer with information at least about the procedure used, as well as the significance and the envisaged consequences of such processing of PD for the buyer.

 

The controller is obliged to provide information based on this request within 30 days from receipt of the request. The controller may extend this period by a further 60 days; we will inform you about the delay.

 

For repeated provision of PD requested by the buyer, the controller may charge a reasonable fee corresponding to administrative costs. The controller is obliged to provide the buyer’s PD in the manner requested or according to their request.

 

The controller reserves the right to verify the buyer and determine whether it is a specific buyer. Verification consists in providing additional information, e.g. through control questions. Verification is important for providing information about the PD that the controller processes and for personal data protection.

 

  • The buyer’s right to submit a motion to initiate proceedings.

 

The buyer may submit a motion to initiate proceedings pursuant to § 100 of the Act if they are directly affected in their rights; the motion must contain who submits it, against whom the motion is directed, the subject matter of the motion with identification of the rights that were allegedly violated in the processing of personal data, and evidence.

 

A template of the motion will be published on the website of the Office for Personal Data Protection, Hraničná 12, 820 02Bratislava. The Office will assess the submission within 30 days, decide within 90 days, or may appropriately extend the time limit.

 

 

12 COOKIES

12.1 In accordance with § 55(5) of Act of the National Council of the Slovak Republic No. 351/2011 Coll. on electronic communications, as amended, we would like to inform you about the use of cookies and draw your attention to the possibility of changing your internet browser settings in case your current cookie settings do not suit you.

These principles contain information on how the controller uses cookie files and similar technologies (hereinafter “cookies”).

12.2 What are cookies?

Cookie files are small text files that may be sent to an internet browser when visiting websites and stored on your device (computer or other device with internet access, such as a smartphone or tablet). Cookie files are stored in the cookie folder of your browser. Cookies usually contain the name of the website from which they originate, their validity and value. When you next visit the website, the web browser reloads cookies and sends this information back to the website that originally created the cookies. The “cookies” we use do not damage your computer.

12.3 Types of cookies.

We use cookies in order to optimally create and continuously improve our services, tailor them to your interests and needs, and improve their structure and content.

On the website www.shop.fckthem.com temporary and persistent cookies may be used. We use several types of cookies on our websites.

  • Essential cookies

These cookies form the basis for the operation of our websites and enable the use of basic functions such as secure areas or online payments. Essential cookies include, for example, remembering login, enabling access to secure areas without having to log in again, pre-filling forms, etc. Without these cookies we cannot provide services that form the basis of our site. If you disable these cookies, we will not be able to guarantee the flawless operation of the site.

  • Operational cookies

Using operational cookies, we collect statistical information about how you use our websites. This technical information tells us, for example, which parts of the website you clicked on, which page you visited last, etc. These cookies are used to analyze and improve our websites in terms of content, performance and design. If you disable these cookies, we cannot guarantee the flawless operation of our website.

  • Third-party cookies

On the pages of Merch s.r.o. there are links and integrated content from other websites. Therefore, during the use of our websites, cookies may be created that are not subject to the control of Merch s r.o.. This is, for example, the case if the viewed website uses a tool for analysis or marketing automation from a third party (for example tools of Google) or displays content from a third-party website, e.g. YouTube or Facebook. This results in the acceptance of cookies from these third-party services. Merch s.r.o. cannot control the storage of or access to these cookies. If you want to know how these third parties use cookies, please read the privacy policies and cookie policies of these services.

 

12.4 I don’t want to use cookies, how can I change it?

Cookies that are used on wwww.shop.fckthem.com can be set in your web browser. Most internet browsers are initially set to automatically accept cookies. You can change this setting by blocking cookies or by being notified when cookies are to be sent to your device.

Instructions for changing cookies can be found in the help of each browser. If you use various devices to access the site (e.g. computer, smartphone, tablet), we recommend adjusting each browser on each device to your cookie preferences.

Cookies can be deleted in your browser individually or all at once, either directly (if you know where they are stored) or using the browser.

 

13 DO YOU HAVE QUESTIONS?

If you have any questions or comments regarding the processing of personal data, you can contact us; we will be happy to answer your questions.

Fill in your company details:

 

Controller contact details:

Merch s.r.o.

Slávičia 10, 903 01

Company ID: 47 608 803 

Contact details: e-mail: shop@fckthem.com

 

14 FINAL PROVISIONS

This information becomes valid and effective on 25.05.2018.

The controller reserves the right to change these terms in the event of changes to PD processing in the company and in the event of legislative changes.