GDPR

General terms and conditions for the personal data protection

1. Introduction

We do everything we can to respect and protect your rights to privacy under the GDPR (Regulation 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, and repealing Directive 95/46/EC (General Data Protection Regulation) (GDPR) and other relevant legislation. Unless otherwise stated, the terms defined in the GDPR and used IN these conditions have the same meaning as assigned to them in the GDPR.

These Terms govern our mutual rights and obligations with respect to the processing of your personal data. The nature of our relationship determines the purpose, extent and manner of our management of your personal data.

We may change these terms from time to time without you having any special notification. Therefore we ask you to repeatedly and regularly revisit the contents of these terms. The version you just see has been in effect since October 1, 2018.

2 Personal data

Personal data is defined in the GDPR as any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. The key in protecting your personal data is therefore whether, according to the information we process about you, you are an identified or identifiable natural person. If this is not the case, any information we may have about you is not personal data.

Your personal data may theoretically be obtained in any of the following ways:

(a) automatically through your internet browser or other technologies you use;

(b) your own activity through the pre-configured communication forms contained on our website;

(c) your own activity directed at us or our collaborators (such as interview, chat, etc.), including statements made in the process of providing our services.

Your personal data that we store internally in our system will only be accessible to those who are eligible under our internal procedures. Access will be password protected or similarly protected.

We will hold your personal data for a maximum of 15 years from the date on which you gave us consent to their processing in the event of such consent, or otherwise from the date we acquired them. In special cases, if circumstances so require, the retention period of your personal data may be extended for the purposes of the exercise, demonstration, defence, and/or performance of your or our rights, claims and legitimate interests, or the performance of our internal investigation. However, we may at any time remove from your system all of your personal data or any part thereof.

If the GDPR cookie files are protected under certain conditions, they are subject to these terms. Regardless of this, please also pay attention to our cookie policy.

3 Eligible purposes of processing your personal data

Your personal data will be processed only in accordance with the GDPR and other applicable laws, and only for the purposes permitted by them. This will be the case if at least one of the following conditions is met:

(a) you have given your consent to the processing of your personal data for one or more specific purposes;

(b) processing is necessary for the performance of a contract to which you are a party or in order to take steps at your request prior to entering into a contract;

(c) processing is necessary for compliance with a legal obligation to which we are subject;

(d) processing is necessary in order to protect your vital interests or those of another natural person;

(e) processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in us;

(f) processing is necessary for the purposes of the legitimate interests pursued by us or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of yours which require protection of personal data, in particular where the data subject is a child.

Below in these terms, you will find detailed details about your personal data, depending on who you are, and also the purpose of the use of data.

4 Personal data depending on who you are

Site visitor

There is no need for a specific registration with active submission of data from you to visit and browse our website. However, by your visiting our website and by browsing our site, we can obtain your following personal data:

(a) technical data (including IP address, logins data, used hardware, browser and other hardware or hardware applications);

(b) user data (including information on how you use our site or services);

(c) marketing and communication data (including your marketing preferences and choices of cookie settings);

As a visitor to your website, we do not require you to specifically consent to the use of the above personal data. We may only process these personal data to the extent permitted by law (pursuant to paragraphs (b) to (f)) of Article 3 above.

Person interested in our services or other information

If you are interested in our services or any other information, you can contact us in several ways. For example, you can use our contact form (you can find it HERE), send us an email, phone us, or send a message to a contact number, or send a message to our contact chat. We may then contact you in any way that may arise from your previous communications. Here we can get your following personal data:

(a) technical data (including IP address, logins data, used hardware, browser and other hardware or hardware applications);

(b) user data (including information on how you use our site or services);

(c) marketing and communication data (including your marketing preferences and choices of cookie settings);

(d) identification data (including name, surname, title, gender, occupation, home address);

(e) contact details (including e-mail address, telephone number);

(f) any other information you may provide to us.

We do not require from you as a person interested in our services or other information the specific consent to use the above personal data. We may process these personal data to the extent permitted by law.

Furthermore, since you have addressed us, we believe that you have asked us to take any pre-contractual arrangements, for which we consider the following in particular:

(i) contacting you to offer our product or service, including general information about our products and services,

(ii) identify your preferences and other information to evaluate which of our products or services may be relevant to you,

(iii) negotiation of our products and services.

In view of the above, we may also use your personal data for all these purposes.

Client

If you have sent us an order for our services through our electronic system, or if you have entered into a contract with us otherwise, you are our customer or client. As from our customer or client, we can obtain your following personal data:

(a) technical data (including IP address, logins data, used hardware, browser and other hardware or hardware applications);

(b) user data (including information on how you use our site or services);

(c) marketing and communication data (including your marketing preferences and choices of cookie settings);

(d) identification data (including name, surname, title, gender, occupation, home address);

(e) contact details (including e-mail address, telephone number);

(f) financial information (including your payment card, bank account, details of another technology payment platform, information about your orders);

(g) audio-visual data (including recordings of interviews relating to the provision of our services and their transcripts) which may contain special categories of personal data protected under GDPR;

(h) data from our expert questionnaires and our feedback surveys on our products and services;

(i) any other information you may provide to us.

If you are a natural person, according to the documentation on the basis of which you have become our customer or client you have expressed your explicit consent to the processing of your personal data, and thus your personal data will also be subject to the terms of such consent.

If our service that you have ordered concerns your minor child, your full consent also applies to this child's personal data as if it were your own personal data.

Beneficiary

If our customer or client requires services from which you may have a direct or indirect benefit (for example, you are an adult child, spouse, ex-spouse, employee, co-worker, contractor of the customer or client), and thus you are a direct or indirect beneficiary of our service in spite of being neither our customer nor a client, we can obtain your following personal data:

(a) technical data (including IP address, logins data, used hardware, browser and other hardware or hardware applications);

(b) user data (including information on how you use our site or services);

(c) marketing and communication data (including your marketing preferences and choices of cookie settings);

(d) identification data (including name, surname, title, gender, occupation, home address);

(e) contact details (including e-mail address, telephone number);

(f) data from our expert questionnaires and our feedback surveys on our products and services;

(g) audio-visual data (including recordings of interviews relating to the provision of our services and their transcripts); and

(h) any other information you may provide to us.

As we have agreed with the customer or client you are dealing with, the condition of our provision of the service is that before your personal data is provided to us, your consent will be provided for their processing. We therefore ask you to express your explicit consent to the processing of your personal data.

Co-worker

If you are a natural person and cooperate with us in any form, we may obtain your following personal data:

(a) technical data (including IP address, logins data, used hardware, browser and other hardware or hardware applications);

(b) user data (including information on how you use our site or services);

(c) marketing and communication data (including your marketing preferences and choices of cookie settings);

(d) identification data (including name, surname, title, gender, occupation, home address);

(e) contact details (including e-mail address, telephone number);

(f) financial information (including your bank account number);

(g) audio-visual data (including recordings of interviews relating to the provision of our services and their transcripts);

(h) data from our feedback surveys on our products and services;

(i) any other information you may provide to us.

If, according to the documentation on the basis of which you have become our collaborators, you expressed your explicit consent to the processing of your personal data, your personal data will be also subject to the terms of such consent.

5 Legally authorized processing of personal data and our legitimate interests

For most individuals with whom we associate in one of the above methods, explicit consent is not the legal basis for our processing of personal data at all. For no one individual such consent is the sole legal basis for our processing of personal data. Except where we have received your explicit consent, we may process your personal data to the extent permitted by law (pursuant to paragraphs (b) to (f) of Article 3 above). In this regard, please note in particular that, for our legitimate interests (paragraph (f)), we consider the following:

(a) monitoring and analyzing the way in which our websites and services are used;

(b) operating, managing, maintaining, administering and securing our system, services and products, including customer care processes for our services and products, and for our clients, as well as managing and securing our accounting, auditing, and protection and enforcing our rights,

(c) research, development and education, in particular the improvement of our products and services, the scientific knowledge and theories on which our products and services are based, as well as the training and education of our staff and associates in order to maintain and enhance the quality of our products and services,

(d) with respect to a co-worker, ensuring quality control and continuous provision of our services and products, in the absence of consent or withdrawal of the co-worker's consent, including the use of all past data concerning a co-worker.

6 To whom can we provide personal data

Due to the different reasons, methods and legal basis of the processing of personal data, it is indispensable for us to provide personal data to third parties. However, we do so only in accordance with these general terms and conditions of personal data protection.

Such third parties are:

(a) suppliers of various external services, including in particular in the fields of information technology, accounting, administration, legal services,

(b) qualified psychologists, coaches, therapists, psychotherapists, career counsellors and other professionals who are our contractual partners in the provision of our services and products,

(c) scientific and academic staff, institutions and non-profit organizations, in relation to research, development and training,

(d) persons who have copyright or other rights to expert questionnaires and tests used in connection with our services and products,

(e) potential prospects of investing in our business or acquiring a stake in our business,

(f) if you are a beneficiary who benefits from our service or product, and the person who is our client requesting the service or product,

(g) if you are a beneficiary who benefits from our service or product and the product or service in question has a collective or team character, or other beneficiaries of the service or product in question,

(h) to our controlled and controlling persons.

We require that all such third parties comply with the terms of your personal data protection and process it in accordance with our requirements. If personal data is processed, we have contracts with them or other documentation in place, that are a prerequisite for them to have access to your personal data.

7 Your rights

Below is a brief overview of your rights regarding our processing of your personal data.

Right of access to data

You have the right to receive confirmation from us as to whether or not personal data concerning yourself are being processed, and, where that is the case, access to that personal data. If you request further copies, we may charge you an appropriate fee corresponding to the administrative costs. If you have submitted an application by electronic means, the information will be provided in the commonly used electronic form, unless specifically requested otherwise.

Right to rectification

You have the right to obtain from us without undue delay the rectification of inaccurate personal data concerning yourself. Taking into account the purpose of data processing, you have the right to complete your incomplete personal information, including by providing a supplementary statement.

Right to erasure

If any of the exceptions expressly listed in the GDPR do not apply to you, you have the right to have us erase the personal data concerning you without undue delay where one of the following grounds applies:

(a) your personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed;

(b) you have withdrawn consent on which the processing is based, and where there is no other legal ground for the processing;

(c) you object to the processing pursuant to GDPR and there are no overriding legitimate grounds for the processing;

(d) your personal data have been unlawfully processed;

(e) your personal data have to be erased for compliance with a legal obligation in the EU or a member state law to which we are subject;

Right to restriction of processing

You have the right to obtain from us restriction of processing where one of the following applies:

(a) you contested the accuracy of the personal data, for a period enabling the controller to verify the accuracy of the personal data;

(b) the processing is unlawful and you oppose the erasure of the personal data and request the restriction of their use instead;

(c) we no longer need the personal data for the purposes of the processing, but you need them for the establishment, exercise or defence of legal claims;

(d) you objected to processing pursuant GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.

The right to data portability

You have the right to receive your personal data which you have provided to us in a structured, commonly used and machine-readable format and have the right to transmit those data to another controller without hindrance from us, where:

(a) processing is based on your consent, and

(b) where the processing is carried out by automated means.

The above is without prejudice to our right of processing on any other legal basis, on the other hand you have the right to transfer personal data directly from us to the other controller designated by you, where technically feasible.

Right to object

You have the right at any time to object, on grounds related to your particular situation, to the processing of personal data relating to you, which is carried out pursuant to paragraphs (e) or (f) of Article 3 above, including profiling based on those provisions. We may not further process your personal data unless we have demonstrated the necessary legitimate processing grounds that outweigh your interests, rights and freedoms, or reasons for proving, enforcing, or defending legal claims. If your personal data is processed for direct marketing purposes, you have the right at any time to object to the processing of your personal data for the purposes of such marketing, including profiling to the extent that it relates to such direct marketing.

Right of withdrawal

If you have given us permission to process your personal data, you can revoke this consent at any time. You can use the form provided by HERE.

Automated individual decision making

You have the right not to be subject to a decision that concerns you or significantly affects you, which is based solely on automated processing, including profiling, and which has legal effects, unless the decision is:

(a) necessary to conclude or perform a contract between you and us,

(b) permitted by EU law or the law of the Member State to which we are subject, and which also provide for appropriate measures guaranteeing the protection of your rights and freedoms and legitimate interests, or

(c) based on your explicit consent.

8 Detailed information and supervision

Legislation

For detailed information on your privacy rights, please refer to the current legislation, which currently includes:

Regulation 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, and repealing Directive 95/46/EC (General Data Protection Regulation): https://eur-lex.europa.eu/legal-content/ SK / TXT / HTML /? uri = CELEX: 32016R0679 & from = EN

Corrigendum to Regulation (EU) 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, repealing Directive 95/46 / EC (General Data Protection Regulation): https : //eur-lex.europa.eu/legal-content/SK/TXT/PDF/? uri = CELEX: 32016R0679R (02) & qid = 1543502729747 & from = EN

Act no. 18/2018 Z.z. on the protection of personal data and on the amendment of certain laws: https://www.slov-lex.sk/pravne-predpisy/SK/ZZ/2018/18/

Supervisory authorities

We strongly recommend that you familiarize yourself with your rights under this legislation. If you would like to learn more information or contact the relevant data protection authorities:

(a) in the territory of the Slovak Republic supervises the protection of personal data The Office for the Protection of Personal Data of the Slovak Republic: https://dataprotection.gov.sk/uoou/sk

(b) in the territory of the Czech Republic supervises the protection of personal data, the Office for the Protection of Personal Data: https://www.uoou.cz/

Contact us

If you have any questions regarding the protection of your personal data, or wish to exercise any of your rights against us, please contact us at: privacy@wendy.sk.

Thank you for paying attention to these general terms and conditions for the personal data protection.

 

WENDY

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