XI. PROTECTION OF PERSONAL DATA
1. The contracting parties agreed, that the Buyer, who is a natural person, is obliged to provide, in the order, for the Seller the following personal information: name and surname, address of permanent residence including the postal code, phone number and e-mail address.
2. The contracting parties agreed that the Buyer, who is a legal person, is obliged to provide, in the order, for the seller the following personal information: business name, address of registered office including the postal code, Company Registration Number (ICO), phone number and e-mail address.
3. The Buyer may at any time check on and change the provided personal information.
4. The Seller hereby announces to the Buyer that, according to the §10(3b) of Act no. 122/2013 Coll. On Protection of Personal Data (further referred to as the “Act”), the Seller as the Operator shall process personal data without the data subject´s (Buyer´s) consent in the process of conclusion of sales contract seeing that it is necessary for the performance of a contract to which the data subject is a party or in order to establish relations prior to entering a contract with the data subject or at the negotiation of alternation of a contract which are held on the request of the data subject.
5. The Buyer may, by checking the appropriate square, express his or hers consent, according to §11(1) of the Act, to processing and storing of his personal information by the Seller, especially those previously mentioned or those necessary for the purposes of marketing communications and sales support, especially for sending information regarding the new goods (products), discounts, promotions and other activities of the Seller.
6. The Seller commits himself or herself to handle and treat the Buyer´s personal data in accordance with valid legal enactments of Slovak Republic.
7. The Seller announces that, according to §6(2c) of the Act, he or she will obtain the personal information explicitly for the purposes stipulated in these Terms and Conditions.
8. The Seller claims that, in accordance with §6(2e) of the Act, he or she will obtain the personal information for different purposes than stipulated in these Terms and Conditions separately and shall ensure that personal data are processed and used solely in the manner adequate to the purpose for which they were collected and that he or she will not combine these data with personal data obtained for various purposes.
9. The Buyer grants his consent to the Seller for a limited period of time, until the purpose of processing of personal data of the Buyer is fulfilled. After the fulfilment of this purpose, the Seller shall without a delay secure the liquidation of Buyer´s personal information. The Buyer may in a written form, at any time, revoke his or hers consent with the processing of personal information. This consent shall cease to exist within the time period of 1 month, starting from the day of delivery of Buyer´s recall of consent.
10. The Buyer shall be called upon, before sending of the order, to confirm by checking the appropriate square, that he or she was informed in sufficient, comprehensible and irredeemable manner by the Seller about:
a) Seller´s Company Registration Number (ICO), which is stipulated in the section I.(1) of these Terms and Conditions,
b) the identification data of a third party, which is represented by the company which shall deliver the ordered goods to the Buyer, by stating these information in the acceptance,
c) the purpose of processing of Buyer´s personal data, which is the performance of sales contract between the Buyer and Seller,
d) that the Seller shall process the Buyer´s personal information in the extent of name and surname, address of permanent residence including the postal code, phone number and e-mail address in the case of natural person, and in the extent of business name, address of registered office including the postal code, Company Registration Number (ICO), phone number and e-mail address in a case of legal person,
e) the fact that the Buyer is obliged to provide these personal information.
11. The Seller announces that the personal information will be processed in accordance with good manners and by means, which do not oppose the Act or other legally binding enactments and that he or she will not evade them. The Seller claims that he or she will not force the consent of particular person and will not underlie it by threats of refusal of contract relation, services, goods or Seller´s obligations.
12. The Buyer shall have a right, based on a written request, to demand from the Seller:
a) confirmation whether his personal data are or are not being processed,
b) purpose for which his personal data are processed,
c) information in a generally intelligible form about the state of processing of his personal data in the filing system and in the extent:
i) identification data of the Seller and his representative, if appointed,
ii) identification data of the intermediary, this does not apply if the Seller does not follow the rules stipulated in §8 of the Act,
d) exact information, in a generally intelligible form, about the source from which the Seller obtained his personal data for their processing,
e) list of his personal data, in a generally intelligible form, which constitute the subject of the processing,
f) complementary information, which are in relation to all circumstances and conditions of processing of personal data necessary for the Buyer to ensure his or her by law protected interests in the following extent:
i) instructions about voluntariness or obligation to provide required personal information, if the Seller obtains the personal information based on the Buyers consent in accordance with §11 of the Act, he or she shall inform the Buyer about the starting point of the validity of Buyers consent, and if the Buyer´s obligation to provide personal information emerges directly from the legally binding Act of European Union, international treaty by which Slovak Republic is bound or law, the Seller shall inform the Buyer about the legal base constituting this obligation and about the consequences of refusal to provide personal information,
ii) information about third parties, if it may be presumed or it is clear that personal information will be given to them,
iii) circle of recipients, if it may be presumed or it is clear that personal information will be accessible for them,
iv) form of publication, if personal data shall be publicised,
v) third countries, if it may be presumed or it is clear that the transfer of personal data will be made to these countries,
g) rectification of Buyer´s inaccurate, incomplete or not updated personal data, which constitute the subject of the processing,
h) erasure of Buyer´s personal data, if the purpose of their processing was fulfilled; if any official documents containing personal data constitute the subject of the processing, the Buyer may request their returning,
i) erasure of personal data which constitute the subject of processing if there was a violation in the Act or other law.
13. The buyer is entitled to object, based on a written request free of charge, against Seller´s:
a) processing of his or hers personal data, about which he or she presumes that they will be processed for the purposes of direct marketing without his or hers consent and shall request liquidation (erasure) of such data,
b) usage of personal information stipulated in §10(3d) of the Act for the purposes of direct marketing in the postal communication, or
c) supply of personal information stipulated in §10(3d) of the Act for the purposes of direct marketing.
14. The Buyer, based on a written request free of charge, shall have a right to object to the Seller against processing of personal data, in accordance with §10(3a,e,f,g) of the Act by pronouncement of the legitimate reasons or production of the evidence of infringement into his or hers rights and legally protected interest, which are or might be, in this concrete case, violated by this processing. The Seller is obliged to block and erase, without a delay, such personal information immediately if possible, if it is proven that the Buyer´s request was legitimate and if no legal reasons interfere.
15. The Buyer shall be further entitled anytime upon a written request or in person, provided that the matter cannot be postponed, to object to the controller and refuse to submit to the controller’s decision, which would have legal effects or an eminent impact on him or her, in a case that such a decision was issued exclusively on the basis of automatic processing of personal information. The data subject shall be entitled to request the Seller for examination of the issued decision by a method other than the automatic processing, whereas the Seller shall be obliged to satisfy the request of the data subject in such manner that the entitled person shall have a decisive role in the examination of the decision; the Seller shall inform the Buyer about the manner of examination and the outcome of his finding. The Buyer shall be deprived of the above right only if so stipulated by a special Act in which are regulated the measures for securing the legitimate rights of the Buyer or if the Seller issued a decision satisfying the request of the Buyer during the pre-contractual relationship or in the course of existence of contractual relationship or if the Seller adopted other adequate measures to ensure Buyer’s legitimate interests based on the contract.
16. If the Buyer exercises his or hers right in a written form and it emerges from its content that the Buyer is exercising his or her right, this request shall be deemed as submitted in accordance with this Act. The request submitted in an electronic form or via the fax machine shall be delivered by the Buyer in a written form within 3 days of its submission the latest.
17. In the course of suspicion of unlawful processing of Buyers personal data, the Buyer is entitled to file a complaint to the Office for protection of personal information (further as the “Office”). If the Buyer does not enjoy a full legal capacity, his rights may be exercised by his legal representative.
18. The Seller shall be obliged to satisfy the Buyer’s request under the present Terms and Conditions, in other words to satisfy the Buyer´s demands according to the Act and inform the Buyer in written form, ,not later than in 30 days’ from the date of delivery of the request.
19. The Seller shall be obliged to notify the Buyer and the Office, without undue delay, about the restrictions of Buyer’s rights under §28(2) of the Act.
20. Hereby, the Seller notifies the Buyer, in accordance with §15(1.e)3-4) of the Act, that during the processing of Buyer´s personal information these will be provided and made available for the following third parties (circle of recipients):
Business name: Direct Parcel Distribution s.r.o., Registered Office: Technická 7, Bratislava 821 04, Company Registration Number (ICO): 35 834 498, VAT Registration Number: 2021648739, VAT Number: SK2021648739.
21. Information systems of Seller´s e-commerce are registered in compliance with Act no. 122/2013 Coll. On Protection of Personal Data.