GDPR
Terms of personal data protection
For the online store emszero.eu
(RationalFans s.r.o. company)
1. Introductory Provisions
The company RationalFans s.r.o., with registered office in Troubsko, Za farou 43a, ZIP code 664 41, ID number: 073 53 171, registered in the commercial register maintained by the Regional Court in Brno, sp. stamp C 107725 (hereafter referred to as “Administrator” or “we”), hereby informs about the processing of personal data in connection with the operation of the online store https://www.emszero.eu/ (hereinafter referred to as "online shop"). The administrator can be contacted at the address of his headquarters or at his email address: emszero.eu@gmail.com All processing of personal data takes place in accordance with the relevant legal regulations, especially in compliance with Regulation of the European Parliament and Council no. 2016/679 of 27 April 2016 on the protection of natural persons in connection with the processing of personal data and the free movement of such data and the repeal of Directive 95/46/EC (hereinafter referred to as " GDPR ") and Act No. 110/2019 Coll., on the processing of personal data.
2. Methods of Personal Data Processing
We process personal data manually and automatically, especially in our internal systems and records. Personal data is processed primarily by our employees, or by third parties who have been entrusted with the processing of personal data by us, or which personal data are processed for the purpose of performance obligations established by relevant legal regulations.
3. Purpose of Personal Data Processing
We process your personal data most often for the purpose of:
3.1. fulfillment of obligations from the contract (in particular processing the order and delivery of the ordered goods, processing a request to withdraw from the contract or handling a complaint, making payments within the e-shop and returning monetary resources in the event of withdrawal from the contract or product complaint);
3.2. fulfillment of obligations established by law (e.g. the obligation to keep tax and accounting documents etc.);
3.3. establishing and maintaining a user account;
3.4. application of direct marketing;
3.5. ensuring the functioning of the e-shop, evaluating the attendance and behavior of its visitors and creating statistics and records using the so-called cookie files;
3.6. the protection of our property and the determination, exercise and defense of our legal claims.
4. Categories of Personal Data Processed
We only process such personal data that are in accordance with the above-mentioned purposes of processing, within a reasonable and relevant scope, which is absolutely necessary with regard to the purpose of personal data processing. We are processing the following categories of personal data:
4.1. Identification data – personal data used for your unique and unmistakable identification (name, surname, title, date of birth, etc.);
4.2. Contact data – personal data enabling us to contact you (address, telephone number, email address etc.);
4.3. Payment data – personal data that enable us to return your funds, in particular in cases of withdrawal from the contract or product complaints (bank account number, etc.);
4.4. Electronic data – personal data related to the use of electronic devices and the Internet (IP address, cookies, username and password, etc.);
4.5. Personal data generated by our activities - these are mainly assigned numbers or other identifiers for us record purposes (e.g. user account number or other identifier, order number, etc.);
4.6. Other data – this is data that does not belong to any of the above categories that concern you.
5. Legal Basis for Personal Data Processing
We process your personal data exclusively on the basis of the legal basis according to Article 6, paragraph 1 of the GDPR. Personal data so may be processed by us according to the following legal bases:
5.1. performance of a contract to which the data subject (i.e. e-shop customer) is a contracting party or implementation of measures received before the conclusion of the contract at the request of the data subject (i.e. e-shop customer) according to Art. 6 par. 1 letter b) GDPR;
5.2. fulfillment of our legal obligations according to Art. 6 par. 1 letter c) GDPR;
5.3. our legitimate interests in the sense of Art. 6 par. 1 letter f) GDPR (i.e. in particular protection of our property, determination, the exercise or defense of our legal claims);
5.4. granting your consent to the processing of personal data according to Art. 6 par. 1 letter a) GDPR.
6. Data Processing for Contractual Fulfillment
We process your personal data on the basis and for the purpose of fulfilling our obligations arising from concluded contracts between us and you, or implementation of measures taken prior to the conclusion of these contracts, for the purpose of establishment and management of a user account and provision of related services, in particular making the user account available, logging in to user account, sending notification emails, storing and analyzing information about the use of the user account, informing about planned changes to business conditions, handling questions and suggestions and informing about changes our services.
As part of the performance of the contract, we further process personal data for the purpose of preventing damages caused by loss, by preventing the invalidation of or damage to the data stored in the user account through regular backups.
7. Processing for the fulfillment of our legal obligations
We also process your personal data for the purposes and on the basis of the fulfillment of our legal obligations connected in particular with accounting and providing information to public authorities.
8. Processing based on legitimate interest
We process your personal data based on our legitimate interests in relation to the following purposes:
8.1. applying direct marketing in relation to customers who have already purchased in the e-shop;
8.2. ensuring the functioning of the e-shop using the so-called cookie files (technical/necessary cookies);
8.3. the protection of our property and the exercise and defense of our legal claims.
In the case of processing carried out due to our legitimate interests, you have the right to raise a so-called objection to processing of personal data for reasons related to your specific situation. In raising such an objection we will assess whether the interest in protecting your personal data outweighs our legitimate interest for which they are personal data processed. If we come to the conclusion that you have an interest in the protection of your personal data, we will stop processing personal data for this purpose. Termination of personal data processing on the basis of a submitted objection, however, does not necessarily mean the disposal of personal data, as we may process personal data for other purposes and according to a different legal basis.
9. Processing based on consent
Based on your consent, we process personal data in relation to the following purposes:
9.1. application of direct marketing in relation to potential customers;
9.2. evaluation of website traffic and the behavior of their visitors and creation of statistics and records of usage of the so-called cookie files (non-technical, i.e. analytical and marketing cookies).
Consent to the processing of personal data is completely voluntary. In case you have given consent to processing of personal data, you have the right to revoke it at any time, namely (i) directly in the user account environment (if there was established) or (ii) by notice sent to us at any of the contact addresses listed above. In a relationship for cookie files, consent can be revoked by changing the cookie settings after re-invoking the so-called cookie bars. After withdrawing consent, we will stop processing personal data for which we have no other legal basis. Revocation of consent does not affect the lawfulness of processing based on consent granted before its revocation.
10. Direct Marketing
We also process your personal data for the purpose of further offering our goods and services through business communication. Commercial communication means any form of communication, including advertising and offers of goods or services, intended to directly or indirectly support goods, services or the image of our company and our e-shop (especially so-called newsletters). If you are an existing customer of ours, sending commercial messages is also possible without your consent, based on our legitimate interest, unless you have opted out of this sending. If you are not our existing customer, then sending commercial messages is only possible based on your consent, which you provide to us when signing up for our newsletter. We will stop processing your personal data for direct marketing purposes immediately after as our current / potential customer you express your disagreement with such processing, namely:
10.1. by revoking consent to the processing of personal data for direct marketing purposes;
10.2. by expressing disagreement with the processing of personal data in the same way as consent can be revoked by processing personal data;
10.3. the so-called by opting out of sending commercial messages, which can be done in every sent commercial message.
11. Cookies and similar temporary files
Our online store uses cookie technology (and possibly other technologies on a similar principle, such as Adobe Flash). This means that we store small data in a reserved place in your device's memory files that allow us to provide you with the service and further improve it. These data files are subsequently updated every next visit to the online store they send back to websites that recognize the data files. These data files will be stored on your end device for the period of validity (expiry) specified below. Cookies and similar data files (hereinafter referred to as "cookies") used in our online store can be divided into the following categories:
11.1. Essential (Technical)
Necessary cookies are required for the operation and proper functioning of the online store; allowing for example a user to log in to secure parts of the online store, saving the contents of your virtual shopping cart and other basic functionalities of the online store. The online store cannot function without these cookies. For this reason, your consent to their use is not required and this category of cookies cannot be disabled.
11.2. Analytical
Analytical cookies enable us to e.g. recognize and determine the number of visitors and monitor how visitors use our online store. They help improve the way the online store works, for example by enabling users to easily find what they are looking for. Analytical cookies are only used with your prior consent.
11.3. Profiling (marketing)
Profiling (marketing) cookies allow us to find out your preferences or location data so that we can display relevant content and advertisements that you may find interesting and useful.
Profiling (marketing) cookies are only used with your prior consent.
12. Recipients of personal data, transfer to third countries
We may pass on your personal data to the relevant authorities of the state administration and other recipients to whom we have the obligation to transfer personal data on the basis of relevant legal regulations, fulfillment of the relevant contractual obligation, legitimate interest or consent granted. The recipients of personal data most often include IT service providers, domain administrators, technical providers support, carriers and operators of payment systems, operators of marketing and communication tools, auditing companies, experts, interpreters, lawyers, accountants and tax advisors, etc. Personal data may be further transferred to other personal data managers, most often to state administration bodies, courts, arbitrators or arbitral tribunals, law enforcement authorities, banking supervisory authorities, enforcement authorities, notaries, insolvency administrators, etc. The above-mentioned recipients will process personal data either as independent administrators (i.e. as entities that themselves determine the purposes and means of personal data processing independently of us), or as processors with us concluded a contract on the processing of personal data and process data according to our instructions. We will not transfer your personal data to third countries or to international organizations within the meaning of Art. 44 et seq. GDPR.
13. Time of personal data processing
We process personal data only for the time necessary to achieve the purposes listed above. After the purpose processing ceases, we will immediately dispose of personal data. By the termination of one of the legal bases for processing personal data is not affected by the processing of personal data (to the extent necessary) on the basis of another legal basis.
14. Rights of the subject of personal data
In connection with the processing of your personal data, you also have the right to:
14.1. Right of access to personal data
You are entitled to request confirmation of whether your personal data is being processed and, if so, how information regarding this processing (in particular, the purpose of the processing, categories of personal data, their duration of processing and source of personal data). You also have the right to request a copy of the processed data. However, we are entitled to charge a fee for repeated provision to cover the necessary costs associated with it.
14.2. The right to correct inaccurate personal data and supplement incomplete personal data
In the event that we process inaccurate or incomplete personal data, you are entitled to request the correction of these inaccurate or incomplete personal data. If you find that the personal data we process about you is inaccurate or incomplete, you have the right to have them corrected or supplemented without undue delay.
14.3. The right to erasure of personal data
In some cases, you have the right to have your personal data deleted. We will delete the postponement if one of the following reasons is given:
14.3.1. personal data are no longer needed for the purposes for which they were collected or otherwise processed, or
14.3.2. the processing of personal data is unlawful, or − you object to the processing of personal data and there are no overriding legitimate reasons for the processing of personal data, or
14.3.3. personal data must be deleted to fulfill a legal obligation set out in European Union law or member state, or
14.3.4. any consent given to the processing of personal data is revoked.
However, this right does not apply if the processing of your personal data is still necessary for complying with our legal obligation or establishing, exercising or defending our legal claims.
14.4. The right to object to the processing of personal data
You are entitled to exercise the right to object to the processing of personal data in relation to the processing, which occurs on the basis of our legitimate interest. We will stop processing your personal data if we come to the conclusion that the interest in protecting your personal data outweighs our legitimate interest for which we process your personal data. Termination of personal data processing on the basis of a submitted objection, however it does not necessarily mean the disposal of personal data, as we may also process personal data for other purposes and according to another legal basis.
14.5. The right to restrict the processing of personal data
You have the right to restrict the processing of personal data. This right allows you in certain cases to request that your personal data be temporarily disabled and that data is not subject to further processing operations – in this case, however, not forever (as in the case of the right to erasure), but for a limited time.
We must limit the processing of personal data when:
14.5.1. you dispute the accuracy of the personal data before we agree what data is correct, or
14.5.2. we process your personal data without a sufficient legal basis (e.g. beyond what we have to process), but you will prefer only their data to the deletion of such data restrictions (e.g. if you expect to provide such data to us in the future anyway), or
14.5.3. we no longer need the personal data for the given purpose of processing, but you require them for the purpose, performance or the defense of their legal claims, or
14.5.4. you object to the processing and for the period during which we save, if your objection is justified, we are obliged to limit the processing of your personal data.
14.6. The right to portability of personal data
You are entitled to request the transfer of personal data, in cases of processing based on your consent or based on the contract. In this context, you may receive personal data relating to you that you have provided to us, in a structured, commonly used and machine-readable format, and transfer this personal data to another administrator of personal data, without us preventing it, or you are entitled to request that personal data be transferred directly by us to another personal data administrator, if technically feasible.
14.7. The right to file a complaint with a supervisory authority
You are entitled to submit a complaint or initiative regarding the processing of personal data to the supervisor at any time at our office. In the event that you become convinced that your personal data has been processed by us in a violation of the relevant legal regulations, you have the right to file a complaint with the Office for Personal Protection data (head office at Prague, Pplk. Sochora 27, ZIP Code 170 00, website www.uoou.cz). We will handle your requests regarding the exercise of the above-mentioned rights without undue delay, but within one at the latest months and in exceptional cases (especially due to the complexity of the request) we are entitled to extend this period to another two months. We will inform you in time about any extension of the deadline.