Protection of personal data

Principles of personal data processing of the online store www.chakra.cz.

 

ADOPTED IN ACCORDANCE WITH 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 THE FREE MOVEMENT OF THESE DATA AND REPEAL OF DIRECTIVE /COUNCIL DIRECTIVE 95 GDPR)

 

1 Introduction

The supplier CHAKRA ORIGINAL s.r.o. as the operator of the internet shop www.chakra.cz (hereinafter referred to as the "Administrator"), it processes personal data of so-called data subjects - natural persons who: 

  • are interested in buying in an online store (potential customers);
  • buy or buy (customers) in the online store.   

The controller shall ensure that the processing of personal data of data subjects is lawful, fair, transparent, accurate, confidential and personal data are processed only to the extent necessary. The controller also ensures that personal data is properly secured and that the processing of personal data complies with all rules set by the GDPR as well as other legal regulations in the field of personal data. These principles have been adopted, inter alia, to demonstrate the legal compliance of the controller's processing of personal data. An explanation of the individual terms related to the processing of personal data according to these principles is given in Article 11 below.

 

2 Personal data controller

2.1 Identity of the Administrator

The administrator of personal data is the company CHAKRA ORIGINAL s.r.o., with its registered office at Na Řadech 2, 67801 Blansko, identification number: 11726750

2.2 Contact details of the Administrator

CHAKRA ORIGINAL s.r.o., based in Na Řadech 2, Blansko, 67801, identification number: 11726750 chakra.original(at sign)gmail(dot)com

+420 770 627 333

 

3 The purposes of the processing for which the personal data are intended and the legal basis for the processing

3.1 Fulfillment of the purchase contract by the Administrator

The Administrator processes personal data mainly for the purpose of concluding and fulfilling the purchase contract, ie at least so that the Administrator can deliver the goods purchased in the online store to the customer.

The legal basis for this processing is Article 6 paragraph 1, word C) GDPR - performance of a contract to which the data subject is a party.

 

3.2 Fulfillment of legal obligations by the Administrator

The Administrator processes personal data for the purpose of fulfilling the legal obligations of the Administrator, arising for example from accounting and tax laws, the Consumer Protection Act, etc., including the obligation of the Administrator to be able to prove that it processes personal data in accordance with generally binding legal regulations, especially in accordance with GDPR.

 

The legal basis for this processing is Article 6 paragraph 1, word f) GDPR - fulfilment of the legal obligation applicable to the Administrator.

 

3.3 Legitimate interests of the Administrator

The controller may process personal data for the purpose of:

  • application of direct marketing (see Article 5 below);
  • determination, exercise or defence of legal claims (especially legal claims arising from the concluded purchase contract).

The legal basis for this processing is Article 6 paragraph 1, word f) GDPR - legitimate interest of the Administrator.

 

3.4 Consent of the data subject

Based on the consent of the Administrator, it may process personal data for the purpose of:

  • application of direct marketing (see Article 5 below);
  • setting up and maintaining a customer account (see Article 9 below).

The legal basis for this processing is Article 6 paragraph 1, word a) GDPR - consent of the data subject.

 

4 Processing of personal data on the basis of consent

4.1 Volunteering

Granting consent to the processing of personal data is entirely voluntary. Failure to give consent will not have any adverse consequences for the data subject.

 

4.2 Withdrawal of consent

Each data subject shall have the right to withdraw the consent to the processing of personal data at any time, in one of the following ways.

  • through a customer account;
  • by an electronic notification sent to the e-mail address or to the data box of the Administrator (see paragraph 2.2 above);
  • by a written notification sent to the address of the registered office or establishment of the Administrator (see paragraph 2.2 above).

Consent to the maintenance of the customer account can also be revoked by cancelling the customer account (see paragraph 9.2 below). Withdrawal of consent does not affect the lawfulness of the processing of personal data in the period prior to the withdrawal of consent.

 

5 Direct marketing

5.1 General

Processing of personal data for the purposes of direct marketing means the processing of personal data for the purpose of:

  • sending commercial communications in the sense of Act No. 480/2004 Coll., on certain information society services, as amended (hereinafter referred to as “Act No. 480/2004”);
  • determining customer satisfaction with purchases in the online store through the internet and shopping portal Zboží.cz, operated by Seznam.cz, a.s. (hereinafter referred to as "Zboží.cz");
  • determining customer satisfaction with purchases in the online store through the internet and shopping portal Heureka.cz and the program "Verified by customers", operated by Heureka Shopping s.r.o. (hereinafter referred to as "Heureka.cz").

5.2 Commercial communications

Commercial communication means any form of communication, including advertising and encouragement to visit the website of an online store, intended to directly or indirectly promote goods or services or the image of the Administrator (especially so-called newsletters).

Processing of personal data for the purpose of sending business messages to potential customers (ie persons who have not yet purchased in the online store) is possible only with consent, while the actual sending of business messages will also be carried out with consent (in accordance with § 7 para. Act No. 480/2004 Coll.).

The processing of personal data for the purpose of sending commercial communications to customers (ie persons who have already purchased in the online store) is possible without consent based on the legitimate interest of the Administrator (see paragraph 3.3 above). in accordance with § 7 paragraph 3 of Act No. 480/2004 Coll.), unless the customer initially refused.

An integral part is also the question of customer satisfaction with the purchase, which is determined through e-mail requests to evaluate the online store on the Zboží.cz portal. By processing personal data for the purpose of sending this request, the Administrator also performs on the basis of a legitimate interest (see paragraph 3.3 above), ie without the customer's consent, and this interest consists in determining the customer's satisfaction with the purchase in the online store.

 

5.3 Heureka.cz

Customer satisfaction with the purchase is also determined through e-mail questionnaires within the "Verified by customers" program from Heureka.cz, in which the online store is involved.

Questionnaires are sent to customers after each purchase, unless the customer refuses to send them (ie in accordance with § 7 paragraph 3 of Act No. 480/2004 Coll.). The Administrator also processes personal data for the purpose of sending questionnaires within the "Verified by Customers" program on the basis of a legitimate interest (see paragraph 3.3 above), ie without the customer's consent.

The Administrator uses a processor, which is the operator of the Heureka.cz portal, to send questionnaires, evaluate customer feedback and analyze market position; For this purpose, the Administrator may pass on information about the purchased goods and your e-mail address. The customer's personal data is not passed on to any third party for his own purposes when sending e-mail questionnaires.

 

5.4 Scope of personal data processing for direct marketing purposes

In order to send business messages, the Administrator only processes the e-mail address.

In order to determine customer satisfaction with the purchase in the online store, the Administrator processes e-mail addresses and information about the purchased goods.

 

5.5 Termination of Processing for Direct Marketing Purposes

5.5.1 Commercial communications

The controller shall terminate the processing of personal data for direct marketing purposes immediately (see paragraph 7.5 below) after the customer or potential customer expresses his disagreement with such processing. Disagreement can be made, for example, in one of the following ways:

  • withdrawal of consent to the processing of personal data (see paragraph 4.2 above);
  • expression of disagreement with the processing of personal data, in the same way as consent to the processing of personal data, can be revoked (see paragraph 4.2 above);
  • the log-off that can be made in any commercial communication;
  • by objecting to such processing (subject to Article 21 of the GDPR).

Notwithstanding the above, the Administrator will terminate the processing of personal data for direct marketing purposes no later than 2 years after the last purchase in the online store (conclusion of the purchase contract). With another purchase, the processing time is always extended by another 2 years.

In the case that the purchase in the online store never takes place, the Administrator will terminate the processing at the same time as the cancellation of the customer account (see paragraph 9.2 below).

 

6 Categories of recipients of personal data

The Administrator is entitled to transfer personal data to recipients with whom it has concluded a personal data processing agreement and who will process personal data for the Administrator as its processors (eg entities providing accounting services, postal services, legal services, IT services, payment gateway operators, internet search engines and comparators, domain administrators, technical support providers, etc.).

The Administrator will transfer personal data only to those processors who guarantee to the Administrator that personal data will not be passed on to any other processor who will not be able to ensure sufficient security of personal data.

 

7 Time of processing personal data

Personal data will be processed only for the time necessary with regard to the purpose of their processing. The termination of one of the legal bases for the processing of personal data does not affect the processing of personal data (to the extent necessary) on the basis of another legal basis.

 

7.1 Fulfillment of the purchase contract by the Administrator

For this purpose, the Administrator will process personal data within 30 days after the termination of the last of the obligations agreed in the purchase contract. This does not affect the possibility for the Administrator to subsequently process this personal data on the basis of other legal bases and for the purposes stated in this policy.

 

7.2 Fulfillment of legal obligations by the Administrator

For this purpose, the Administrator will process personal data for the duration of the relevant legal obligation of the Administrator stipulated by generally binding legal regulations.

 

7.3 Legitimate interests of the Administrator

7.3.1 Direct marketing

For this purpose, the Administrator may process personal data until such time as it expresses disagreement with such processing, but no longer than for a period of 2 years from the last purchase in the online store (see paragraph 5.6 above).

7.3.2 Legal claims

For this purpose, the Administrator may process personal data for the period of existence of the relevant legal claim, but for a maximum of 1 year after the expiry of the limitation period according to generally binding legal regulations. In the event of the commencement and duration of judicial, administrative or any other proceedings in which the rights or obligations arising from the relevant legal claim are resolved, the period of processing personal data for this purpose shall not end before the final termination of such proceedings.

 

7.4 Consent of data subjects

7.4.1 Direct marketing

For this purpose, the Administrator may process personal data until:

  • withdrawal of consent to the processing of personal data (see paragraph 4.2 above);
  • expressing disagreement with the processing of personal data, in the same way as the consent can be revoked (see paragraph 4.2 above);

however, no later than the cancellation of the customer account (see paragraph 9.2 below).

 

7.5 Deletion of personal data

Immediately after the expiration of the processing period pursuant to paragraphs 7.1, 7.2 or 7.3.2 above, the Administrator shall anonymize or destroy the relevant personal data for which the purpose of their processing has expired.

In cases pursuant to paragraph 7.3.1 or 7.4 above, the Administrator shall terminate the processing of personal data for the stated purposes immediately after the withdrawal of consent, expression of disagreement or cancellation of the customer account.

 

8 Rights of data subjects

Each data subject shall have, inter alia, the following rights:

  • the right to request access to one's personal data (under the terms of Article 15 of the GDPR);
  • the right to rectification or erasure of personal data (subject to Article 16 or Article 17 of the GDPR);
  • the right to restrict the processing of personal data (under the conditions of Article 18 of the GDPR);
  • the right to object to the processing (under the terms of Article 21 of the GDPR);
  • the right to data portability (under the terms of Article 20 of the GDPR);
  • the right to withdraw consent to the processing of personal data (see paragraph 4.2 above).

In the event that the data subject considers that his / her right to personal data protection has been violated, he / she also has the right to file a complaint with the supervisory body, which is the Office for Personal Data Protection, with its registered office in Lt. Col. Sochora 27, Holešovice, 170 00 Prague 7.

 

9 Customer account

9.1 Setting up a customer account

Setting up a customer account is completely voluntary, as the Administrator allows you to make a purchase in the online store even without setting up a customer account (so-called without registration).

In order for the Administrator to be able to store personal data entered in the form for setting up and maintaining a customer account (or at any time later in the customer account), it needs consent.

Until the potential customer concludes a purchase agreement with the Administrator (ie becomes a customer), and subsequently after fulfilling all obligations under the concluded purchase agreement, the Administrator will not handle personal data other than for the purpose of maintaining a customer account; however, this does not affect the ability of the Administrator to process personal data on the basis of other legal bases, in particular on the basis of consent granted for the purposes of direct marketing (sending commercial communications).

 

9.2 Cancellation of the customer account

The customer account can be canceled at any time via the customer account or on the basis of a request to cancel the customer account sent to one of the contact addresses listed in paragraph 2.2 above.

Notwithstanding the above, the Administrator will cancel the customer's account no later than 3 years after the customer's last purchase in the online store.

In the event that the purchase in the online store never takes place, the Administrator will cancel the customer account within 3 years of its establishment.

 

10 Cookies and other technical data

More information about the so-called cookies and other technical data processed when visiting the website of the online store are given in a separate document available here.

 

11 Basic concepts

Personal data is all information about an identified or identifiable natural person (so-called data subject); an identifiable natural person is a natural person who can be identified, directly or indirectly, in particular by reference to a specific identifier, such as name, surname, date of birth, residence, e-mail, telephone number, identification number, location data, network identifier or one or more special elements of the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

The processing of personal data is any operation or set of operations with personal data or files of personal data which is carried out with or without automated procedures such as the collection, recording, arrangement, structuring, storage, adaptation or modification, search, inspection, use, disclosure by transmission, dissemination or any other making available, alignment or combination, restriction, deletion or destruction.

The controller is generally a person who alone or together with others determines the purposes and means of personal data processing.

The recipient is generally any person to whom personal data is provided.

The processor is generally any person who processes personal data for the controller. The processor is always the recipient at the same time.

The customer is a natural person who has concluded a purchase agreement with the Administrator through the online store, ie a person who has a so-called customer relationship with the Administrator.

A potential customer is a natural person who has not yet concluded a purchase agreement with the Administrator via the online store, ie a person who does not have a so-called customer relationship with the Administrator.

 

12 Further information on the processing of personal data

In case of questions regarding the processing of personal data, the Administrator may be contacted through a contact person or through one of the contact addresses listed in paragraph 2.2 above.

General information on the processing of personal data can also be found on the website of the Office for Personal Data Protection available at www.uoou.cz.

 

13 Complaints

With regard to the provisions and rules of the EU on complaints about intimate aids and erotic goods, it is necessary to know that these aids are not subject to 14 days for withdrawal from the contract. We properly inspect, photograph and record all goods before shipping. In this way, we also defend ourselves against the possible unfair intentions of some customers. Complaints can be made under clear conditions, when we proceed according to the complaint protocol. You will receive the complaint protocol by e-mail, it must be filled in properly. If you receive damaged goods in the shipment, you must contact us immediately. Goods unpacked and used cannot be taken back. The satisfaction of our customers is important to us, but we also need the customer to act honestly and correctly.

 

 

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