GDPR - PRIVACY POLICY

GDPR & Privacy policy at www.horecaadvert.com  

RIVIERA BRANDS, s. r. o., a company with its seat at: Devínska cesta 2, Bratislava 841 04, Slovak Republic, CRN: 35 962 976, registered in the Business Registry of District Court Bratislava I, Section: Sro, Insert No. 38178/B (hereinafter the „Operator“), guarantees the security and protection of submitted personal data as a controller, operator of the website(s) http://horecaadvert.com and provider of its services, according to the Regulation (EU) No. 2016/679 of the European Parliament and Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (hereinafter the „GDPR“) and Act No. 18/2018 Coll. on Personal Data Protection and Amending Certain Acts, as amended.

In order to inform its Clients and Users (hereinafter „data subjects“) of the nature and means of processing of their personal data, the Operator issues this policy (hereinafter the „Privacy Policy“). Data subjects are required to familiarize themselves with this Privacy Policy, whereas the Operator shall issue to any data subject upon request a copy hereof before rendering any services, or at any time during the provision of its services.

Any and all terms present herein shall have meanings identical to those given to them by the General Business Terms and Conditions of the Operator (hereinafter the „GTC“), available at [TO BE INSERTED]. This Privacy Policy is a part of the GTC.

1.1 The User (a data subject pursuant to the GDPR) voluntarily provides to the Operator in a demonstrable manner personal data in compliance with the GDPR and Act No. 18/2018 Coll. on Personal Data Protection and Amending Certain Acts. The Operator shall be considered a controller pursuant to Art. 4, par. 7 GDPR.

1.2 PUBLICATION. The content of the Advertisement, scope of provided information and time of publication of the Advertisement are determined by the Client. Publication of the Advertisement on the Internet Portal is made by the Client. The Client acknowledges and agrees that data provided by him personally when publishing the Advertisement (published and disclosed in the advertisement) including personal data can be made available to third parties in relation to the usage of Services of the Internet Portal.

1.3 CATEGORIES OF DATA – LEGAL ENTITIES. In relation to the provision of Services to a Client who is a legal entity, the Operator processes especially the following data:

1.3.1 INFORMATION DISCLOSED IN ADVERTISEMENTS PUBLISHED BY THE CLIENT, which is provided by the Client for the purpose of publishing requests or offers in selected advertisement categories on the Internet Portal: business name and legal form, registered office, first name, surname and position/status of a contact person, telephone and fax number, email and website address, any other data stated by the Client in its Advertisement and

1.3.2 INFORMATION NOT DISCLOSED IN ADVERTISEMENTS PUBLISHED BY THE CLIENT and NOT PROVIDED TO THIRD PARTIES BY THE OPERATOR, which the Client provided to the Operator for the purposes of registration, communication and invoicing: company registration number, tax identification number, VAT identification number.

1.4 CATEGORIES OF DATA – NATURAL PERSONS. In relation to the use of contact forms on the Internet Portal, the operator collects and processes personal data of the User to the extent of the User’s first name, surname, telephone number and email address. In relation to the provision of Services to a Client who is a natural person, the Operator collects and processes the following personal data:

1.4.1 INFORMATION DISCLOSED IN ADVERTISEMENTS PUBLISHED BY THE CLIENT, which is provided by the Client for the purpose of publishing requests or offers in selected advertisement categories on the Internet Portal: first name, surname, business name, registered office, telephone and fax number, email and website address, any other data stated by the Client in its Advertisement and

1.4.2 INFORMATION NOT DISCLOSED IN ADVERTISEMENTS PUBLISHED BY THE CLIENT and NOT PROVIDED TO THIRD PARTIES BY THE OPERATOR, which the Client provided to the Operator for the purposes of registration, communication and invoicing: registration number, tax identification number, VAT identification number.

1.5 PURPOSE. The Operator processes provided personal data mainly for the purposes of performance of contracts concluded between the Operator and the Client based on the GTC, proper provision and usage of Services on the Internet Portal and enforcement of the Operator’s claims against Clients. If the Client has purchased from the Operator a service and has not simultaneously refused to be contacted for the purposes of direct marketing, the Operator shall be entitled to approach the Client by email or by phone with further offers, for the duration of 5 years as of the last purchase of services or until receipt of the Client’s request not to be contacted, whichever occurs first. The purpose of processing of personal data of Users that have solely used the contact form on the Internet Portal shall be solely to return contact of the User and answer the User’s query.      

1.6 The Operator does not require and does not process special categories of personal data pursuant to Art. 9 GDPR, or data relating to criminal convictions or offences pursuant to Art. 10 GDPR. The Client shall be prohibited from stating such data, as well as any unique personal identifiers (Birth No., Social Security Number etc.) in its Advertisement(s).

1.7 LEGALITY. The legal basis for personal data processing in accordance with the GTC and this Privacy Policy is the necessity for the performance of contracts concluded with the Client and negotiation of such contracts to which a User as the data subject is to be a party, as well as legitimate interest of the Operator. Specific consent of data subjects may also form the legal basis for personal data processing.

1.8 NECESSITY AND LEGITIMATE INTERESTS. The operator shall process personal data absent the User’s consent, insofar such processing is necessary to the fulfilment of a contract to which the user is a party, or necessary in negotiation of such contracts with the User or modification thereof, if requested by the User; collection and processing of such data is necessary to achieve the stated purpose and the Operator shall be legally entitled to processing thereof. The Operator shall further process personal data of the User without his/her consent and based on legitimate interests of the Operator for the purposes of (i) enforcement of claims against Clients, whereas processing of such data is necessary to achieve the stated purpose and the Operator shall be legally entitled to processing thereof, (ii) direct marketing (without any legal entitlement of the Operator), and (iii) return contact of a User who has used the contact form on the Internet Portal. Legitimate interests of the Operator may mainly be the interest to enforce the Operator’s claims, the interest to issue further offers of Services by means of direct marketing, and the interest to answer any queries of respective Users.

1.9 Any User who is a natural person declares, when providing his/her personal data, that all provided data are correct and true. A User who provided data shall be liable for any incorrectness of such provided data, whereas the User shall be required to notify the Operator of any changes to his/her personal data submitted to the Operator.

1.10 The scope of processed personal data is specified in pars. (1.3) and (1.4) of this Privacy Policy above. If the User is not the natural person whose data are to be processed (data subject), he/she/it shall be required to ensure its legal entitlement to provide such data to the Operator prior to submission of such data.    

1.11 Personal data of Clients, as detailed in pars. (1.3.1) and (1.4.1) of this Privacy Policy, shall be made available for other Users of the Internet Portal including Guests (external Users). Clients acknowledge and agree with the access of third parties to Clients’ personal data under these conditions.    

1.12 The User of the Internet Portal acknowledges and agrees that personal data provided by him/her/it personally (and published in Advertisements) may be disclosed in relation to usage of the Internet Portal to Users of the Internet Portal as recipients – third parties pursuant to the GDPR. Publication of personal data will be performed on the Internet Portal in the form of advertisement or promotion.

1.13 ETENTION. The Operator shall process personal data provided by the Client at the very least for the duration of use of Services of the Internet Portal, but no later than 5 years as of the last purchase of Services by the Client. With respect to the use of contact forms on the Internet Portal, the Operator shall process the User’s personal data only for the time necessary to respond to the User’s query. Personal data will be erased upon lapse of the relevant purpose of processing. Personal data will be processed solely for statistical purposes after the lapse of the relevant purpose of processing, whereas such personal data will be made anonymous and any parts thereof capable of identification of data subjects will be destroyed immediately upon becoming unnecessary.

1.14 DATA TRANSFERS. Personal data of data subjects may be transferred to third parties and authorities to the extent necessary, if required for the performance of contracts concluded between the data subject and the Operator or required by law; such data may likewise be transferred particularly to processors acting on behalf of the Operator, especially but not limited to sales agents, technical, professional and bookkeeping advisors, all of which shall be subject to conditions of data processing equivalent to those under the GTC and this Privacy Policy. Personal data will not be transferred to third countries (i.e. outside the European Union).

1.15 RIGHTS OF DATA SUBJECTS. The User shall have, as a data subject, the following rights with respect to the protection of his/her personal data; the same rights shall belong to any other data subject not being a User:

1.15.1 The User has the right to request from the Operator by means of a written request:

a) confirmation whether personal data about the User is or is not processed, access to his/her personal data and related information, as well as rectification of such data without undue delay,

b) to receive personal data concerning him/her, which he/she has provided to the Operator, in a structured, commonly used and machine-readable format, to transmit those data to another controller, provided that this is technically feasible and lawful under specific regulations,

c) restriction of processing of his/her personal data, especially if the accuracy of such data is contested, or if processing thereof is unlawful and the User has requested restriction of processing,

d) erasure of his/her personal data, especially if the purpose of processing thereof has elapsed or if such data has been unlawfully processed, if erasure is required to fulfil specific legal obligations, provided that the Operator does not have a compelling legitimate interest to retain such data and the data is not processed based on the User’s consent,   

e) to object to processing on grounds relating to his/her particular situation at any time, whereas the Operator shall be prohibited to process such data upon receipt of an objection unless it demonstrates a compelling legitimate interest to retain such data,

f) withdrawal of his/her consent at any time by the same means as the means by which consent was granted, if data is processed based on his/her consent; the user shall be entitled to withdraw his/her consent at any time especially by means of a written request sent by email to the Operator’s address:  [TO BE INSERTED],

g) to object to processing for the purposes of direct marketing, at any time and without the need to state a reason, whereas the Operator shall be prohibited to process such data upon receipt of this objection.

1.15.2 Requests of the User under par. (1.15.1) shall be handled by the Operator free of charge. Requests of the User shall be handled by the Operator in writing without undue delay, in all cases within 30 days from the date of delivery of the relevant request.

1.15.3 Should the User have suspicions that his/her personal data is processed in an unauthorised or unlawful manner, the User can lodge a motion to the relevant supervisory authority, especially the Office for Personal Data Protection of the Slovak Republic, in order to start proceedings concerning personal data protection and investigation of personal data processing.

1.15.4 If the User is does not have full legal capacity, his/her rights can be exercised by his/her legal representative. If the User is deceased, his/her rights s/he had under the GTC, this Privacy Policy and the GDPR or Act No. 18/2018 Coll. on Personal Data Protection, can be exercised by a family member.

1.16 The Operator, its authorised persons and other natural persons are obliged to maintain confidentiality about personal data under the GDPR and Act No. 18/2018 Coll. on Personal Data Protection. This obligation of confidentiality shall not apply if it is necessary for the performance of tasks of courts and law enforcement authorities under special regulation, if it is necessary in relation to maintain compliance with the law, or within possible law suits or administrative proceedings held with or against the Operator; in the interest of protection of rights of the Operator or possible operators of mutually technically interconnected portals; or under the given circumstance to protect the personal safety of Users of Operator’s Services provided on the Internet Portal or in direct relationship to it, or of third parties.

1.17 The User acknowledges that collection of personal data by the Operator and the publication thereof based on the GTC on the Internet Portal is processed automatically to the full extent; The Operator of the Internet Portal does not bear any legal liability whatsoever for possible abuse of personal data published, provided or disclosed to third parties of other recipients in relation to the use of Services of this Internet Portal by third parties.

1.18 AUTOMATED DECISION-MAKING. The Operator declares that it shall not take any decisions substantial or important to the User in an automated manner based on personal data provided. Such personal data will likewise not be subjected to profiling for the purposes of automated decision-making.

1.19 By means of use of the Internet Portal, the User, in compliance with the Directive 2002/58/EC of the European Parliament and of the Council concerning the privacy and electronic communications and Section 55 of the Act No. 351/2011 on Electronic Communications, acknowledges and agrees that the Operator uses “cookies” files (hereinafter referred to only as “cookies”) for the purposes of analysing the efficiency of creation and operation of the Internet Portal, provision of Services, in verification of identity of Users on the Internet Portal and to simplify the provision of Services to Users, which are saved in the electronic device of the User. The User can process cookie files, among other things also disable their saving in his/her device. The User acknowledges that by disabling cookies the functionality of the Internet Portal and/or Services can be reduced and/or rendered impossible. What cookies are is explained below.

1.20 DATA PROTECTION OFFICER. The Operator declares that it has not appointed a data protection officer pursuant to Art. 37 GDPR.

1.21 The Operator furthermore informs Clients about the fact that it actively uses the web service Google Analytics  (web analysis service) interconnected with the function User ID, which is provided by the company Google Inc. and which serves to analyse the usage of the Internet Portal by the Client. The service Google Analytics uses to analyse the Client’s usage of the Internet Portal uses cookies saved in the technical device of the Client. All information obtained by means of above mentioned application is anonymous without showing the full form of IP address of Clients. The Client can disable cookies in settings of the web browser. By using the Internet Portal and Services, the Client agrees with the usage of Google Analytics with the User ID function.

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