Information note on the processing of personal data

Information note on the processing of personal data

1. GENERAL PRIVACY STATEMENT

This Information Note on the processing of personal data (“Information Note”) sets out our policy regarding the processing of your personal data that we collect through:

- our website at www.elmasnuts.ro ( "The site") and through

- affiliated social media pages: https://www.facebook.com/elmasnuts/, https://twitter.com/ElmasNuts, https://www.youtube.com/elmasnuts/ si https://www.instagram.com/elmasnuts/ ( "Social Media Pages”) (Collectively referred to as“Sites").

Personal data is information that is directly or indirectly related to you as an individual (“Personal data").

Golden Foods Snacks SA, Romanian legal entity based in Bucharest, sector 1, Benjamin Franklin street no. 9, Et. 3, App. 6, Room no. 3, registered at the trade register of Bucharest under no. J40 / 642 / 22.01.2013, fiscal code RO24645268, telephone 021.331.88.00, legally represented by Mr. Mitzalis Konstantinos, as Managing Director (hereinafter referred to as "Golden Foods" or "The Company”) Is the data operator (within the meaning of EU Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95 / 46 / EC, hereinafter referred to as "General regulation on data protection”), Responsible for the processing of your personal data in connection with the Sites.

You can get to know this Information note, at the beginning of our interaction, through our website, by clicking on the link called "Privacy” located at the bottom of each page of the Site, or in the Social Media Pages.

2. THE MEANING OF SOME TERMS

In order to ensure you have a better understanding of the information contained in this document, we have included a detailed breakdown of the main concepts used in this document below.

These definitions are taken from EU Regulation no. 679/2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46 / EC (GDPR Regulation), in force since 25.05.2018. In addition, I have added some explanatory notes to make it easier to understand.

  • "Personal data" means any information relating to an identified or identifiable natural person ("data subject”); an identifiable natural person is a person who can be identified, directly or indirectly, in particular by reference to an identifying item, such as a name, a unique identification number, location data, an online identifier, or to one or more several specific elements, specific to his physical, physiological, genetic, mental, economic, cultural or social identity.

Note 1: for example we note that personal data are among others: e-mail address, telephone number, computer ID, date of birth, address, unique identification number etc.

Note 2: The unique identification number may consist of: personal numerical code (CNP), series and number of the identity document, passport number, driving license, social health insurance number, if applicable.

  • "Sensitive / special data" means personal data revealing racial or ethnic origin, political opinions, religious beliefs or philosophical beliefs or trade union membership and the processing of genetic data, biometric data for the sole identification of a natural person, data on health or data on the sexual life or sexual orientation of a natural person, as well as data on criminal convictions and offenses or related security measures.
  • "processing" means any operation or set of operations performed on personal data or personal data sets, with or without the use of automated means, such as the collection, registration, organization, structuring, storage, adaptation or modification, extraction, consultation , use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, deletion or destruction.

Note: for example we mention that the simple storage of data (even unused) or the simple consultation of personal data, may fall within the notion of processing.

3. WHAT TYPES OF PERSONAL DATA WE PROCESS IN RELATION TO YOU

You provide us with personal data directly. Under the example heading, we receive information from you as follows:

  • When you send us a message through the website, you communicate to us: Name, E-mail.

We do not collect, process and please do not transmit to us sensitive data, which is included in the General Regulation on data protection in special categories of personal data. We also do not want to collect or process data on minors under the age of 18.

We may also collect and further process certain information about your behavior while visiting the sites, in order to personalize your online experience and provide you with offers tailored to your profile. On our sites we may also store collect information in cookies and similar technologies, according Cookies policy. 

4. HOW WE COLLECT YOUR PERSONAL DATA

We collect your personal data as follows:

· Through the Sites: we collect personal data through social media;

· offline: we collect personal data from you and offline, in situations such as when contacting customer service;

· Use of cookies: we collect your personal data when you browse the Sites by using cookies. The collection and processing of your personal data through cookies are governed by Cookies policy which you will find here https://www.elmasnuts.ro/en/politica-de-cookie/. You can accept or reject cookies (except for strictly necessary cookies defined in the Cookies Policy).

5.THE PURPOSES AND GROUNDS of the processing

We will use your personal data for the following purposes:

  • For the purchase of Golden Foods products, such as:
  • To provide details of Golden Foods products or products distributed by Golden Foods or to contact a sales representative;
  • Ensuring the guarantee of the products, according to the legal provisions;
  • Returning the products according to the legal provisions and reimbursing their equivalent value;
  • Provide support services, including answering your questions about Golden Foods products or products distributed by Golden Foods.

The processing of your data is also necessary for the conclusion and execution of a contract between Golden Foods and you. Certain processing subject to these purposes is also required by applicable law, including tax and accounting legislation.

  • For supplying our products

We always want to offer you the best quality products. For this, we may collect and use certain information in connection with your buyer behavior, we may invite you to complete satisfaction questionnaires regarding the quality of our products or we may conduct, directly or with the help of partners, market research and research.

We base these activities on our legitimate interest in doing business, always taking care that your fundamental rights and freedoms are not affected.

  • For marketing

We want you to be constantly informed about the best offers for the products you are interested in. Thus, we may send you various messages (such as: e-mail / SMS) containing information about products similar or complementary to those you have purchased, offers or promotions, as well as other commercial communications such as market research and opinion polls.

We always ensure that such processing is carried out in compliance with your rights and freedoms and that the decisions taken on the basis of them have no legal effect on you and do not affect you in a similar way to a significant extent.

As a rule, we base our marketing communications on your prior consent. You can change your mind and withdraw your consent at any time by:

  • Accessing the unsubscribe link displayed in the messages you receive from us; or
    • Contacting the Company using the contact details described above.

In addition to the above, we may send you marketing communications using your email address, if you agree to receive such communications by subscribing to your newsletter or by expressing your prior consent, in accordance with legal provisions. If you have changed your mind and no longer wish to receive messages from us, you may at any time request us, by the means described above, to stop the processing of your personal data for marketing purposes, and we will process your request.

  • To protect our legitimate interests

We have the right to protect our interests and business and we may process certain data for this purpose. By way of example, we mention:

  • for the prevention and detection of fraud, theft, loss, misuse and the like on devices, computer systems and networks, software, databases, servers, e-mails, and more generally on the goods and means used by the Company;
  • for the protection of the Company's assets, employees, collaborators, partners and customers;
  • to ensure a good and correct development of our activity (for example for the correct and complete identification of the activity provided, for the invoicing of services to the client, to prevent the permanent loss of data);
  • to ensure the security and proper use of the databases and, in general, of personal data, processed by the Company for itself or for third parties.

The general basis for these processing is our legitimate interest in carrying out our commercial activity under the best possible conditions and in protecting our commercial interests, ensuring that all the measures we take guarantee a balance between our interests and your fundamental rights and freedoms.

In some cases, we also base our processing on legal provisions such as: the obligation to ensure the protection of property and values laid down in the applicable law in this area.

6. WHAT TO REMEMBER ABOUT DATA PROCESSED BY CONSENT

In general, your data is not processed on the basis of consent, but on the basis of other grounds described above.

In limited cases where data processing is based on your consent, we inform you that:

  • you are not obliged to provide us with such data or to give your consent for its processing;
  • the lack of consent will not affect the contractual relations with us developed on different grounds;
  • however, the lack of consent will not allow us to provide you with real-time information about certain products of interest to you, about special offers or discounts;
  • If you have given your consent, you may withdraw it later, at any time, either by accessing the unsubscribe link displayed in the messages you receive from us, or by a simple written notice to by email: dataprotection@goldenfoods.com.ro or transmitted to the contact details of the Company. You do not have to justify your decision;
  • Withdrawal of consent means that we will no longer be able to process such data at a later date, using consent as a basis. However, depending on the circumstances, we may continue to process such data for limited purposes on other grounds, for example in order to preserve, exercise or defend our rights in court, to fulfill certain legal obligations or in other cases. similar which are closely related to the initial processing;
  • please also note that the withdrawal of consent will not affect the processing by us previously, based on it, or the data processing that is not performed on the basis of consent.

7.HOW LONG WE STORE YOUR PERSONAL DATA

We intend to retain your personal data only for as long as necessary, for a period not exceeding the period necessary to fulfill the purposes listed in this Information Note and / or required by applicable law, in accordance with applicable legal retention periods; and / or as long as is necessary to exercise our legitimate rights (and the legitimate rights of others). 

As a general rule, we will store your personal data that we receive through the contact form for a maximum period of one (1) year.

You may request the deletion of certain information from us at any time, and we will comply with such requests, subject to the retention of certain information, including later, where required by applicable law or our legitimate interests.

 To find out how long we keep cookies in the terminal equipment, see Cookies policy

8.DATA UPDATE

We want to process personal data that is accurate, complete and up to date. Therefore, to the extent that your personal data changes or you notice errors in relation to this data, please let us know as soon as possible so that we can update that data.

9.TO WHOM WE TRANSMIT the personal data

The personal data mentioned in this Information Note may be provided to affiliated entities, partners, employees of the Company or other independent legal entities, such as to:

  • affiliated or partner entities, collaborators with whom the Company has concluded service contracts or other types of contracts (e.g. distributors, suppliers, manufacturers, couriers, banks / payment service providers, marketing service providers, market research service providers, insurers, IT service providers etc.);
  • natural or legal persons acting as persons empowered for the Company, in various fields related to the conclusion, registration or performance of the contract;
  • accountants, auditors, lawyers, bailiffs and / or other external professional consultants;
  • public authorities, persons invested with public power, public institutions, relevant courts etc. from Romania or from abroad - in case of control, or at their request or on our own initiative, in accordance with the applicable legislation.

We will conclude with each of them contractual clauses imposed by law aimed at ensuring the protection of your personal data, including regarding the security and confidentiality of data.

10. Third party advertising service providers

Please note that our online and email advertising providers may use pixel tags, web beacons or other similar technologies in connection with the Sites to assist us in managing our online and email advertising campaigns.

We may use third party advertising companies to advertise on our Sites. These companies may use information (not including your name, address, e-mail address or telephone number) in connection with your visits to the Sites to provide advertisements in connection with goods and services of interest to you, but only with your express consent.

11.WE DO NOT TRANSFER data outside the European Union

As of the date of this Information Note, our Company does not transfer and does not intend to transfer your personal data to entities or persons outside the European Union or international organizations.

The suppliers, partners, collaborators mentioned in the above section to which we transmit personal data are both Romanian and foreign persons/entities. However, we cannot rule out the possibility that they transmit your data to other states, which may or may not be members of the European Union (for example, if they have servers located in the United States). In the contractual clauses that we will conclude with them, we will ensure that these entities / persons assume the existence of adequate security measures and guarantees designed to ensure the confidentiality and proper protection of your personal data.

If the Company transfers personal data to entities / persons outside the European Union, we will ensure that appropriate personal data protection measures are put in place or we will ask for your consent to make such transfers, with your prior information on the potential risks involved. In exceptional situations where it will be necessary to transfer data outside the European Union and the above conditions are not met, we will ensure that the transfer will take place only in cases where the law allows express derogations (e.g. Article 49 of the GDPR Regulation) .

12.HOW WE PROTECT THE SECURITY OF YOUR PERSONAL DATA

The company is committed to ensuring the security of personal data by implementing appropriate technical and organizational measures, according to industry standards.

Due to the way in which personal data are transmitted electronically, there may be a risk of interception, loss, copying of information by unauthorized persons, through the use of interception equipment or software. Upon notifying the users, the Company will take all measures and will make available all the necessary files to the competent bodies empowered to solve this type of crime. We cannot be held responsible for such vulnerabilities in systems that are beyond our control.

The company cannot be held responsible for errors caused by the user's negligence regarding the security and confidentiality of his account and password.

Any access to the database with personal information of ELMASNUTS.RO users, including any unauthorized access attempt, will be recorded in an access file. The access files will make it possible for ELMASNUTS.RO to identify the persons who have accessed personal data without a legitimate reason, in order to refer them to the competent bodies. Any attempt to access the personal data of another user, to modify the content of the site or to affect the performance of the server on which the site ELMASNUTS.RO runs, will be considered an attempt to defraud the site and will set in motion criminal investigation against the person or persons who initiated this action.

13.YOUR RIGHTS IN RELATION TO THE PROCESSING OF PERSONAL DATA

You have the following main rights regarding your personal data, rights that can be exercised, under the conditions established by law:

  • the right of access to data: you have the right to obtain information about the processing or non-processing of your personal data, the right to obtain access to your data or a copy of this data that we hold, and the right to obtain information on the type , the processing and disclosure by us of such data or regarding the source of your personal data, if such data has not been collected directly from you.

You also have the right to request information about the existence of any automatic processing of your personal data, including the creation of profiles, as well as information about the logic used and the importance and expected consequences of such processing on you; in this case, if the processing is carried out by automatic means you have the right not to be subject to an individual decision.

  • the right to rectification of data: you have the right to obtain the rectification of your inaccurate data that we process or control; depending on the purposes for which the data is processed, you have the right to obtain the completion of data that is incomplete, including by providing additional statements.
  • the right to delete data ("the right to be forgotten"): you have the right to obtain from us the deletion of your data that we process or control, in the cases provided by law.
  • the right to restrict data processing: you have the right to obtain from us the restriction of the processing of your data that we process or control, to certain limited data and purposes, according to the law (for example when the processing is illegal, and you oppose the deletion of data, but instead ask for restrictions on its use).
  • the right to object to the processing: you have the right to object to the processing of your data by us or on our behalf, in the cases and within the limits provided by law; In certain circumstances permitted by law, we may continue to process your data after exercising this right.
  • the right to data portability: you have the right to obtain the transfer to another controller of your data that we process or control in situations provided by law (for example, processing based on consent, contract or by automatic means).
  • the right to withdraw your consent at any time: in situations where we process your data on the basis of your consent, you have the right to withdraw your consent; you can do this at any time, at least as easily as you initially gave us your consent; the withdrawal of consent will not affect the lawfulness of the processing of your data that we have carried out before the withdrawal.
  • the right to lodge a complaint with the supervisory authority: you have the right to lodge a complaint with the personal data processing supervisor regarding the processing of your data by us or on our behalf. The Romanian Supervisory Authority is the National Authority for the Supervision of Personal Data Processing.

In order to exercise one or more of these rights or to address any questions or concerns regarding any of these rights, please contact us using the following contacts:

  • Correspondence address: Poiana entrance, no. 2D, 2nd floor, sector 1, Bucharest
  • Fax: +021.331.88.88
  • Email: office@goldenfoods.com.ro

We are convinced that you will not exercise these rights unreasonably, excessively or otherwise abusively.

If you are not satisfied with the way we have resolved or responded to your request or complaint or you consider that the processing is done in violation of applicable law, you can file a complaint with the Romanian data supervisory authority: National Authority for the Supervision of Personal Data Processing (ANSPDCP).

As of this date, ANSPDCP has the following contact details:

Headquarters: Bd. Gheorghe Magheru no. 28-30, Bucharest, Sector 1, postal code 010336, Romania

Email:                 anspdcp@dataprotection.ro

Fax: +40.318.059.602

Website:             www.dataprotection.ro