Personal Data mean data relating to an identified or identifiable natural person who may be identified, directly or indirectly, particularly by reference to a general identifier, other identifier, such as name, surname, identification number, location data, or online identifier, or to one or more factors or features specific to the physical, physiological, genetic, psychological, 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.
1. Who we are and how you can contact us?
We are the company VINEWAY s. r. o., with its registered seat at 46, 919 04 Lošonec, Slovak Republic, ID.no: 53 434 561, registered with the Commercial register of District Court Trnava, section: Sro, insert no. 47966/T and we develop and operate the E-shop and Social Network Accounts.
We are governed by 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 (General Data Protection Regulation) (hereinafter referred to as “GDPR“) and the Act No. 18/2018 Coll. on personal data protection and on amendment and supplementing of some acts, as amended (hereinafter referred to as “Personal Data Protection Act”) when processing the Personal Data.
We have not designated a data protection officer, whereas this duty does not apply on our company according to GDPR and Personal Data Protection Act. You are entitled to contact us at the address of registered seat or at email address firstname.lastname@example.org.
2. Legal grounds of processing the Personal Data
We process Personal Data on the base of various legal grounds. Below are our most used purposes:
a) Registration in the E-shop
You can browse the E-shop without registration. However, if you want to buy the goods or use some of the services and benefits we offer (discounts, overview of order history, etc.), you need to register in the E-shop. You will be able to register via the registration form in the E-shop.
When registering in the E-shop, we will request your personal data from you in order to register and create an account in the E-shop (hereinafter the "Customer Account"). When registering, we will ask you for your consent with processing of personal data and we will also inform you of your rights.
Some data will be required as we will be unable to create, maintain and improve your Customer Account without it.
b) Agreement on purchase of goods with the customer
If you are a natural person with an interest to purchase our goods or services, we will process your Personal Data for the purpose of conclusion, execution and fulfilment of the agreement between you and us, which you will conclude through the acceptance of our General Terms and Conditions (hereinafter the “General Terms”). We will process your Personal Data for above-mentioned purpose on the legal ground - the agreement concluded with us, whereas processing of Personal Data is necessary for the performance of this agreement. We will provide you with information and your rights according to the GDPR at the time of conclusion of the agreement with you.
If you are the representative of the legal person, which is interested in purchasing our goods or services, we will process your Personal Data for the purpose of conclusion, execution and fulfilment of the agreement between us and legal person, which this legal person will conclude through the acceptance of General Terms. The legal ground for processing your Personal Data for above-mentioned purpose is our legitimate interest on conclusion, execution and fulfilment of the agreement with legal person, proper providing of the services to legal person and communication with legal person. We will provide you with information and your rights according to the GDPR at the time of conclusion the agreement with legal person.
c) Marketing and Newsletters
If you are our already our customer, we will process your email address for the purpose of sending the newsletter about news, our goods and services and other attractive content (hereinafter the “Newsletter”) and other marketing communication with you. The legal ground for processing your email address for this purpose is our legitimate interest on further offering of our goods and services to you. Please find more detailed conditions of processing your Personal Data on this purpose.
If you are not our customer, we can process your email address for the purpose of sending the Newsletter and other marketing communication with you only if you grant to us your consent. This purpose will be the legal ground for processing your email address for this purpose. You are entitled to withdraw your consent anytime by (i) sending written notice delivered to the address of our registered seat or (ii) sending the notice on withdrawal of the consent to the above-mentioned email address.
d) Managing the participation in competitions organized by us
In case you decide to participate in the competition organized by us, we will process your Personal Data based on your consent for the purpose of organizing the competition, managing your participation in the competition, evaluation of the competition and hand over the prizes to the winners. The legal ground for processing your Personal Data will be your consent.
Our E-shop stores and retrieves information on your browser using cookies. We will ask your for your consent with storage and retrieving information through cookies.
3. Legal grounds of processing the Personal Data
While operating the E-shop, we process Personal Data on the base of various legal grounds (consent, performance of agreement, compliance with a legal obligation, legitimate interests etc.) depending on the purpose of processing the Personal Data (registration in the E-shop, concluding and fulfilling the agreement on purchase of goods, marketing etc.). With respect to the purpose of processing the Personal Data you will be informed about legal grounds and purpose of processing, the recipients, or categories of recipients of the Personal Data, the period for which the Personal Data will be stored and other relevant information. We also provide you with the information about your rights with respect to the processing your Personal Data by us under applicable legislation.
4. Protection of personal Data and disclosure
Your Personal Data are safe because they are processed automatically through our information systems and through appropriate technical and organizational measures ensuring the security of Personal Data, including protection against unauthorized processing of Personal Data, accidental loss of Personal Data, deletion of Personal Data or damage to Personal Data.
We have a status of a controller according to the GDPR when processing the Personal Data. It means that we determine the purposes and means of the processing of Personal Data. In connection with our activities, your Personal Data may be transferred or disclosed to other subjects, whether in the position of independent controller or processor of Personal Data.
As a controller, we ensure that all persons to whom your Personal Data are transmitted adhere to a high standard of protection and that they have adequate personnel, technical, organizational, and professional competence. We will not disclose Personal Data to an entity that is not covered by this standard.
To the extent necessary to fulfil the purpose of processing of the Personal Data, we provide the Personal Data mainly to following categories of recipients:
a) persons who provide for us the technical operation of our services, E-shop, Social Network Accounts and information infrastructure;
b) to persons who ensure the security and protection of our services, E-shop, Social Network Accounts and the information infrastructure, and regularly monitor and test that security and protection;
c) to persons who provide us with analytical and statistical services in order to improve and optimize our services, E-shop and Social Network Accounts;
d) to persons who provide us with delivery of goods to the customers.
With respect to the purpose of processing of the Personal Data we will inform you about recipients or categories of recipients in more detail.
5. Links to other websites
6. How long we store the Personal Data?
We process the Personal Data in accordance with legal requirements, which means that we do not store Personal Data longer than necessary for the purpose of processing.
If we process your Personal Data on a legal ground - your consent, we process your Personal Data for the period as you have given us consent to process your Personal Data or for the period necessary for the relevant purpose of processing.
If we process your Personal Data on a legal ground - performance of the contract (agreement), we process your Personal Data for the entire duration of the contractual relationship between us and you (or us and the legal person you represent) or for the period necessary for the relevant purpose of processing. If the contract is terminated, we will delete your Personal Data, unless it is not possible to process your Personal Data on another legal ground.
If we process your Personal Data on a legal ground - the fulfilment of legal obligations, we process the Personal Data for the period specified by applicable law.
If we process your Personal Data on a legal ground - our legitimate interest or the legitimate interest of third parties, we process the Personal Data for the duration of the legitimate interest.
When processing the Personal Data in order to participate in a competition organized by us, this period is specified in the specific statute or terms and conditions of the competition.
With respect to the purpose of processing the Personal Data we will inform you about the period for which the Personal Data will be stored in more detail.
7. What are your rights when processing the Personal Data?
In connection with the processing of Personal Data you have the following rights:
(a) Right of access to Personal Data
You have the right to access to your Personal Data and the copy of Personal Data. If the we process your Personal Data, we provide you with the information about categories of Personal Data concerned, the purposes of the processing, the recipients or categories of recipient to whom the Personal Data have been or will be disclosed, the envisaged period for which the Personal Data will be stored and other information.
(b) Right to rectification
You are authorized to request from us the rectification of any inaccurate Personal Data concerning you. Taking into account the purposes of processing, you have the right to have any incomplete Personal Data completed.
(c) Right to restriction of processing
You have the right to obtain from us restriction of processing the Personal Data in cases mentioned in the GDPR, e.g. when you contest the accuracy of the Personal Data, for a period enabling us to verify the accuracy of the Personal Data, or if the processing is unlawful and you oppose the erasure of the Personal Data and request the restriction of their use instead.
(d) Right to erase
You have the right to obtain from us the erasure of Personal Data concerning you in cases mentioned in the GDPR, in condition that this right is not restricted by legal rules. Right to erasure will apply e.g. if the Personal Data are no longer necessary in relation to the purposes for which they were collected or otherwise processed, or if you withdraw consent on which the processing is based and where there is no other legal ground for the processing. We have the obligation to erase Personal Data without undue delay where one of the grounds applies.
(e) Right to data portability
If the processing is based on your consent pursuant to point (a) of Article 6 (1) or point (a) of Article 9 (2) of the GDPR or on a contract pursuant to point (b) of Article 6 (1) of the GDPR and the processing is carried out by automated means, you have the right to data portability (right to receive the Personal Data provided to us, in a structured, commonly used and machine-readable format and to transmit those data to another controller).
(f) Right to withdraw the consent
If we are processing the Personal Data based on the consent, you have the right to withdraw your consent at any time by sending the email with withdrawal to the above-mentioned email address.
(g) Right to file an application initiating the proceedings on Personal Data protection
You have the right to file an application initiating the proceedings on Personal Data protection in front of data protection supervisory authority under the conditions according to the GDPR.
(h) Right to object
According to Article 21 of the GDPR we expressly inform you about the right to object processing of the personal data concerning you (i) on grounds relating to your particular situation based on point (e) of Article 6 (1) of the GDPR (processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller), or point (f) of Article 6 (1) of the GDPR (processing is necessary for the purposes of the legitimate interests pursued by the controller or third parties), including profiling based on those provisions and (ii) for direct marketing purposes, including profiling to the extent that it is related to such direct marketing.
With respect to the purpose of processing of the Personal Data we will inform you about your rights in more detail.
8. Children's Privacy
Our goods and services are not addressed for persons under the age of 18.
9. How you can contact us?
If you have any questions relating to the processing of your Personal Data, you can contact us on the email address email@example.com or through the post on the address of our registered seat.
The manner and form of the feedback to the requests
We will provide you with the information according to Articles 19 and 20 of the GDPR and notices according to Articles 15 to 22 and 34 of the GDPR, concerning your personal data in writing or by electronic means, generally in the same form as the form of request. When requested by you, the information may be provided orally, provided that your identity is proven by other means.
Period for execution of the request
We will provide you with information on action taken based on the request under Sections 15 to 22 of the GDPR within one month from the delivery of request. In substantiated cases and taking into account the complexity and number of the requests the period may be extended by two additional months even repeatedly. We will inform you of any such extension within one month of receipt of the request, together with the reasons for the prolongation of the period. Where you file the request by electronic means, the information shall be provided by electronic means, unless requested otherwise by you.
Fee for execution of the request
We will provide you with the information according to Articles 19 and 20 of the GDPR and with the notices and actions taken according to Articles 15 to 22 and 34 of the GDPR free of charge. Where a request from you is demonstrably unfounded or inappropriate, in particular because of its repetitive character, we may either:
(a) charge a reasonable fee considering the administrative costs of providing the information or of communication or of taking the action requested; or
(b) refuse to act based on the request.