PERSONAL DATA PROTECTION
Company ŠPERKY s.r.o. (Starozagorská 6, 040 23 Košice, Reg.no.: 45551596) processes personal data lawfully, fairly and in a transparent manner in relation to the data subject, explicit and legitimate purposes, adequate, relevant and limited to what is necessary in relation to the purposes, accurate and, where necessary, kept up to date, in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed and in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage.
Definition of terms regarding the protection of personal data
- ‘personal data’ means 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;
- ‘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; regardless of whether they are performed by automated or non-automated means;
- ‘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, in particular to analyse or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements;
- ‘pseudonymisation’ means 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 organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person;
- ‘filing system’ means any structured set of personal data which are accessible according to specific criteria, whether centralised, decentralised or dispersed on a functional or geographical basis;
- ‘controller’ means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law;
- ‘processor’ means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller;
- ‘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. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing;
- ‘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; ‘consent’ of the data subject means any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her;
- ‘personal data breach’ means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data transmitted, stored or otherwise processed;
- ‘data concerning health’ means personal data related to the physical or mental health of a natural person, including the provision of health care services, which reveal information about his or her health status;
- ‘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;
- 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;
- ‘representative’ means a natural or legal person established in the Union who, designated by the controller or processor in writing, represents the controller or processor with regard to their respective obligations under this Regulation;
- ‘enterprise’ means a natural or legal person engaged in an economic activity, irrespective of its legal form, including partnerships or associations regularly engaged in an economic activity;
- ‘group of undertakings’ means a controlling undertaking and its controlled undertakings;
- ‘binding corporate rules’ means personal data protection policies which are adhered to by a controller or processor established on the territory of a Member State for transfers or a set of transfers of personal data to a controller or processor in one or more third countries within a group of undertakings, or group of enterprises engaged in a joint economic activity;
- ‘supervisory authority’ means an independent public authority which is established by a Member State
- ‘supervisory authority concerned’ means a supervisory authority which is concerned by the processing of personal data because:
- the controller or processor is established on the territory of the Member State of that supervisory authority;
- data subjects residing in the Member State of that supervisory authority are substantially affected or likely to be substantially affected by the processing; or
- a complaint has been lodged with that supervisory authority;
- ‘cross-border processing’ means either:
- 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 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;
- ‘relevant and reasoned objection’ means an objection to a draft decision as to whether there is an infringement of this Regulation, or whether envisaged action in relation to the controller or processor complies with this Regulation, which clearly demonstrates the significance of the risks posed by the draft decision as regards the fundamental rights and freedoms of data subjects and, where applicable, the free flow of personal data within the Union;
- ‘international organisation’ means an organisation and its subordinate bodies governed by public international law, or any other body which is set up by, or on the basis of, an agreement between two or more countries..
Principles relating to processing of personal data
Personal data shall be:
- processed lawfully, fairly and in a transparent manner in relation to the data subject (‘lawfulness, fairness and transparency’);
- collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes; further processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes;
- adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed (‘data minimisation’);
- accurate and, where necessary, kept up to date; every reasonable step 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 without delay (‘accuracy’); Directive of the European Parliament and of the Council 2015/1535.
- kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed; personal data may be stored for longer periods insofar as the personal data will be processed solely for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes subject to implementation of the appropriate technical and organisational measures required by this Regulation in order to safeguard the rights and freedoms of the data subject (‘storage limitation’);
- processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures (‘integrity and confidentiality’).
Rights and obligations of the purchaser and the seller
- The purchaser is required to provide true, current, and accurate data when purchasing goods and creating a user account. The registered customer is obliged to notify the seller about any change in this data immediately.
- The parties agree that the purchaser, if he is a natural person, is obliged to indicate in the order his name and surname, the address of his permanent residence, including postal code, telephone number and e-mail address.
- The parties agree that the purchaser, if he is a legal entity, is obliged to indicate in the order his business name, place of business, including postal code, registration number, telephone number and e-mail address.
- The purchaser's personal data entered during the registration of the user account in the store are protected by Act No. 122/2013 on personal data protection and on the amendments to certain act as amended by later legislation and processed by the seller solely for the realization of orders and for marketing purposes.
- The purchaser can review and change the provided personal data at any time, as well as cancel his registration after logging into the website of the online store in section My account → Your addresses or Your personal data.
- In order to offer service, the seller needs to know some of the purchaser’s personal information. The seller respects the purchaser’s privacy, and thus we try to minimize the amount of these data to the most necessary information and we protect it from abuse. The seller’s work with personal data is fully subject to the legal norms of the law of personal data protection.
- Details about purchases, claims and other activities of the purchaser in our online store are confidential and subject to the same safety rules as working with personal data. Any gained data are protected from abuse and are not disclosed to any third party (except the companies ensuring the shipment of the goods or payment that obtain just a minimum piece of information about a customer, which is necessary for successful dispatch of goods). All data serve only to improve the quality of the seller's services.
- The purchaser by ticking the box before submitting the order may express his/her consent for the seller to process and store his personal data, in particular those mentioned above and/or which are necessary for the seller's activities related to sending information about new products, discounts on the goods offered and process them in all his information systems.
- The purchaser grants consent for the seller according to the previous section of these terms and conditions for a definite period of time. After the fulfillment of the purpose of the processing, the seller will immediately secure the liquidation of the purchaser's personal data. The purchaser may withdraw consent to the processing of personal data at any time in writing. Consent expires within 1 month of receipt of the withdrawal.
- The seller declares that for purposes other than those stated in these terms and conditions and claims terms will always collect personal data with the purchaser's consent, and at the same time ensures that such personal data will be processed and used exclusively in a manner corresponding to the purpose for which they were collected and will not merge them with personal data that have been obtained for the purpose of fulfilling the purchase contract.
- When creating a user account, the purchaser agrees that the seller will use his name and e-mail for sending information on discounts, news and other marketing activities. Each of such emails contains instructions how you can easily prohibit us to send these e-mails and newsletters.
- The purchaser has the right to send in writing: changes or additions to personal data, as well as a request for liquidation of personal data provided to the seller.
- By using the online store, the purchaser agrees to the above rules and the collection and usage of his personal data.