Personal data protection terms and conditions

> General provisions
> Sources and categories of processed personal data
> Lawful basis for and purpose of personal data processing
> Data retention period
> Recipients of personal data (subcontractors of the data administrator)
> Processors of personal data
> Your rights
> Personal data security conditions
> Final provisions

 


I.

General provisions

The personal data administrator pursuant to Article 4 (7) of Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (“GDPR”) is Red Cap, s.r.o. ID: 29242215 with its registered office in Mikulov, registered in the Commercial Register at the Regional Court in Brno C 67902.

 

  1. Incorporated in the trade register maintained in Brno (hereinafter referred to as the “administrator”).
  2. The contact details of the administrator are: Hynek Chaloupka

           Address: Husova 12; 692 01 Mikulov
           E-mail: hynek@zahradnivinarstvi.cz
           Phone: +420 602 250 090

 

  1. Personal data shall mean any information relating to an identified or identifiable natural person; an identifiable natural person is an individual who can be identified, directly or indirectly, in particular by reference to a specific identifier, such as name, identification number, location data, network identifier or one or more specific physical, physiological, genetic, mental, economic, cultural or social identity features of said individual.
  2. The administrator has not appointed a data protection officer.

 

II.

Sources and categories of processed personal data

  1. The administrator processes the personal data that you have provided or the personal data that the administrator has obtained from the order form which you filled out, including:
  • Name and surname
  • E-mail address
  • Postal address
  • Telephone number

 

  1. The administrator processes your identification and contact data and the data necessary for the performance of the contract.

 

III.

Lawful basis and purpose of personal data processing

 

  1. The lawful basis for processing personal data is:

 

  • performance of the contract between you and the administrator pursuant to Article 6 (1) (b) of the GDPR,
  • fulfillment of the administrator’s legal obligations pursuant to Article 6 (1) (c) of the GDPR,
  • the administrator’s legitimate interest in regard to direct marketing (especially sending of marketing communications and newsletters) pursuant to Article 6 (1) (f) of the GDPR,
  • Your consent to processing for direct marketing purposes (in particular for sending of marketing communications and newsletters) pursuant to Article 6 (1) (a) of the GDPR in relation to S. 7 (2) of Act No. 480/2004 Coll., on certain information society services in the event that no goods or services have been ordered.

 

  1. The purpose of processing personal data is

 

  • processing your order and exercising the rights and obligations arising from the contractual relationship between you and the administrator; when ordering, personal data are required that are necessary for the successful execution of the order (name and address, contact details), provision of personal data is a necessary requirement for conclusion and performance of the contract, the contract may not be concluded or performed by the administrator unless personal data is provided,
  • fulfillment of legal obligations towards the state,
  • sending marketing communications and implementing other marketing activities.

 

  1. There shall be no automatic individual decision-making by the administrator as defined by Article 22 of the GDPR.

 

IV.

Data retention period

 

  1. The administrator shall store personal data

 

  • for the time necessary to exercise the rights and obligations arising from the contractual relationship between you and the administrator and to exercise claims arising from these contractual relationships (for a period of 15 years from the expiry of the contractual relationship).
  • until the consent to the processing of personal data for marketing purposes is revoked, for a maximum of 15 years, if the personal data are processed on the basis of consent.

 

  1. After the expiry of the personal data retention period, the administrator shall delete the personal data.

 

V.

Recipients of personal data (subcontractors of the administrator)

 

  1. The recipients of personal data are persons

 

  • involved in the delivery of goods/services/execution of payments on the basis of a contract,
  • providing e-shop operation services (Shoptet) and other services related to e-shop operation,
  • providing marketing services.

 

  1. The administrator does not intend to transfer personal data to a third country (a country outside of the EU) or an international organization.

 

VI.

Processors of personal data

 

  1. The processing of personal data shall be carried out by the administrator, but the following processors may also process personal data on behalf of the administrator:

 

  • Mailchimp service provider
  • or other providers of processing software services and applications, which, however, are not currently used by the administrator.

 

 

VII.

Your rights

 

  1. Under the terms and conditions set out in the GDPR, you have:

 

  • the right to access to your personal data pursuant to Article 15 of the GDPR,
  • the right to correct personal data pursuant to Article 16 of the GDPR, or limit processing pursuant to Article 18 of the GDPR,
  • the right to delete personal data pursuant to Article 17 of the GDPR,
  • the right to object to processing pursuant to Article 21 of the GDPR,
  • the right to data portability according to Article 20 of the GDPR, and
  • the right to withdraw your consent to processing in writing or electronically by sending a notification to the address or e-mail address of the administrator specified in Article III herein.

 

  1. You also have the right to file a complaint with the Office for Personal Data Protection in the event that you believe that your rights to personal data protection have been violated or seek remedy in a court of law.

 

VIII.

Personal data security conditions

 

  1. The administrator declares that he has taken all appropriate technical and organizational measures to secure personal data.
  2. The administrator has taken technical measures to secure data storage sites and storage of personal data in paper form.
  3. The administrator declares that only individuals whom he has authorized have access to personal data.

 

IX.

Final Provisions

 

  1. By sending an order using the online order form, you confirm that you are aware of the personal data protection terms and conditions and that you accept them in full.
  2. You agree to these terms by checking that you consent with them on the online form. By checking that you consent, you confirm that you are familiar with the terms and conditions of personal data protection and that you accept them in full.
  3. The administrator is entitled to change these conditions. Any new version of the terms and conditions of personal data protection shall be published on the administrator’s website and shall also send you the new version of these terms and conditions using the e-mail address you have provided to the administrator.

 

These conditions shall take effect on 1.4.2020.

 

Mikulov, 1.4. 2020

Hynek Chaloupka

Red Cap, s.r.o.

 

 

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