At EKWB, podjetje za razvoj in proizvodnjo izdelkov za vodno hlajenje računalnikov d.o.o. (here and after: we, EKWB or controller) we take your (here and after: you, individual or data subject) Privacy seriously.
The data protection declaration of EKWB is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). Our protection declaration should be legible and understandable for the general public, as well as our customers and business partners. To ensure this, we would like to begin by explaining the terminology used.
Personal data means any information relating to an identified or identifiable natural person (“data subject”). 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.
Data subject is any identified or identifiable natural person, whose personal data is processed by the controller responsible for the processing.
Processing is any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
Restriction of processing is the marking of stored personal data with the aim of limiting their processing in the future.
Profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyze or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location or movements.
Automated decision-making is being performed when a decision is made in a way that is based solely on an automated processing (including profiling) which produces legal effects or significantly affects individual in a way that the offers and other services are offered to the individual based on their previous interests.
Pseudonymization is the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organizational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.
Controller or controller responsible for the processing is the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.
Processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
Recipient is a natural or legal person, public authority, agency or another body, to which the personal data are dsclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing.
Third party is a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorized to process personal data.
Consent of the data subject is any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.
NAME AND ADDRESS OF THE CONTROLLER AND PROCESSOR
Controller for the purposes of the General Data Protection Regulation (GDPR), other data protection laws applicable in Member states of the European Union and other provisions related to data protection is EKWB, podjetje za razvoj in proizvodnjo izdelkov za vodno hlajenje računalnikov d.o.o., Pod Lipami 17, 1218 Komeda, ID for VAT SI30449383. Additional information about EKWB are available at our web page www.ekwb.com.
WHAT PERSONAL INFORMATION DOES EKWB COLLECT?
EKWB is the sole owner of the information and personal data collected on this Site. EKWB will not sell, share, or rent this data to any outside parties, except as outlined in this Policy.
EKWB collects information from our users at several different points on our EKWB Site mostly in order in order to process orders and better serve you with pertinent information but also for all the purposes that are listed below in the chapter »WHY DOES EKWB COLLECT MY PERSONAL DATA? «.
EKWB collects both personal data and non-personal information that you provide to us, including personal data that may be contained in any video, comment, or other submissions you upload or post to the Services.
EKWB collects the following personal data:
- You provide to purchase or pre-order EKWB Products and Services
- You provide when you sign up (sign in) to use EKWB Products and Services
- You provide when you register for contests and prize acceptance
- You provide when you subscribe to our newsletter and other services
- You allow us to connect from other social media services
- You allow us to collect from your use of certain features
- We get from using EKWB Products and Services
- We get from communicating directly with you and you voluntarily share it with EKWB
- We get from cookies and other tools
EKWB may also ask for “non-personal information,” i.e., information that, alone, cannot be used to identify or contact you. Such non-personal information may include, for example, gender, birth date, or zip code if they are not connected to your IP, name or any other data that would make it possible to connect it to you. You may be asked to submit non-personal information with personal information or separately.
WHY DOES EKWB COLLECT MY PERSONAL DATA?
In general, the personal data you provide to EKWB is used to help communicate with you. For example, EKWB uses personal data to contact users in response to questions, solicit feedback from users, provide technical support, deliver Products and Services, offer additional information and inform users about promotional offers. EKWB collects the data that is needed to conclude the purchase, such as name and surname, shipping address, billing address, telephone numbers, e-mail address, and payment information (such as but not exclusively credit card number, validity of the credit card, name and surname and the address of the credit card owner. order to be able to complete the purchase you will be asked to create webshop account. To create webshop account EKWB requires you to submit a user name and password of your choice for future access to your information. EKWB will send you a confirmation email to an email you have provided us with to verify your username and password. Your user name and password are to remain confidential and you should not share this information with anyone. EKWB will keep the data in accordance with internal acts and the legislation. EKWB furthermore collects your personal data in order to analyze the client database, their interest in products that EKWB offers, etc. all in order to provide you with the best user experience possible.
Those who win a prize in our contests may be required to provide their social security number and other identification for tax purposes, which will only be used for prize fulfillment purposes. The data on the participants and winners should be kept in accordance with the rules of the contest.
If you have trusted us with your e-mail address for the purpose of receiving notifications about useful information, news or the promotion of our Products and Services at any time by 25 May 2018, we are sending a special electronic notification, where we ask you to give us your re-permission to process (use) your e-mail address for the purpose of receiving electronic notifications about useful information, news or the promotion of our Products and Services. Re-permission is required under the General Data Protection Regulation (GDPR), which took effect on 25 May 2018.
EKWB may also use personal data in providing the Products and Services, including:
- Orders – If you place an order, EKWB will use your first and last name and email address to send you an order confirmation email, a shipping confirmation email, credit card details (for example but not limited to: name and surname of the card holder, address of the card holder, the validity of the card etc.). Please take a look at Terms of sale for order process. For this purpose, EKWB uses the beforementioned personal data and all other data that you voluntarily share or provide to EKWB.
- Customer Service– Based upon the Personal data you provide at the time of webshop account registration, purchase or by contacting our customer support. EKWB will also communicate with you in response to your inquiries, to provide the Products and Services you request, and to manage your webshop account if needed. We will communicate with you by email or telephone, in accordance with your preferences. For this purpose, EKWB uses the beforementioned personal data and all other data that you voluntarily share or provide to EKWB.
- General News and Offers– EKWB will occasionally send you information on products, services, special promotions, contests, events, sweepstakes, and opportunities to interact with EKWB and our community. You can sign up to receive these emails from us on our newsletter sign up website and/or during checkout while purchasing a product in/or your webshop account in/or trough EKWB Facebook profile. the option NOT to receive these types of communications. Please see “Choice and Opt-out” section below for more details on how to unsubscribe or opt-out of such communications from EKWB. For this purpose, EKWB uses your first and last name and email address, purchase history data, and all other data that you voluntarily share or provide to EKWB.
- Personalized News and Offers, based on Automated Decision Making and Profiling – On the basis of individuals explicit voluntary consent we process personal data to send you personalized news and offers, tailored to your interests based on automated decision making and profiling. For this purpose, EKWB uses your first and last name, email address, purchase history data, data from social media channels, sociodemographic data, geolocation data, cookies, and all other data that you voluntarily share or provide to EKWB. You can sign up to receive these emails from us on our newsletter sign up website and/or during checkout while purchasing a product in/or your webshop account in/or trough EKWB Facebook profile. You have the option NOT to receive these types of communications. Please see “Choice and Opt-out” section below for more details on how to unsubscribe or opt-out of such communications from EKWB. Automated decision making refers to a decision which is taken solely on the basis of automated processing of your personal data. This means processing using, for example, software code or an algorithm, which does not require human intervention. As profiling uses automated processing, it is sometimes connected with automated decision making. Not all profiling results in automated decision making, but it can do. EKWB only collects the minimum amount of data needed and we have a clear retention policy for profiles we create. We have additional checks in place for our profiling/automated decision-making system to protect any vulnerable groups (including children). If a decision is to be solely based on automated processing (including profiling), then EKWB will inform you of your right to object and about the logic involved in automated decision making or profiling, the significance and envisaged consequences. You will have the right to request human intervention and express your point of view or challenge the decision. Suitable measures will be put in place to safeguard your rights and freedoms and legitimate interest.
- Customer Surveys – If you place an order, EKWB will use your first and last name and email address to occasionally send you customer survey emails which are not compulsory. You can sign up to receive these emails from us on our newsletter sign up website and/or during checkout while purchasing a product in/or your webshop account in/or trough EKWB Facebook profile. the option NOT to receive these types of communications. Please see “Choice and Opt-out” section below for more details on how to unsubscribe or opt-out of such communications from EKWB.
WHO DOES EKWB SHARE MY PERSONAL DATA WITH?
Information about our customers is important to us and we are not in the business of selling this information to others. We share customer information only as set forth in this policy and with subsidiaries and carefully selected business partners that EKWB either controls or are EKWB’s external contractors and that are either subject to this Policy or that follow practices that are at least as restrictive as those described in this Policy.
1.Service Providers. EKWB uses other third-party service providers to offer or facilitate services on EKWB’s behalf. These services may include, among other things, helping us to provide services that you request, to create or maintain our databases, to research and analyze the people who request products, services or information from us, the shipment of products to you, to prepare and distribute communications, or to respond to inquiries and send out emails on EKWB’s behalf. When you order products from EKWB, we will share your personal data as necessary for such third-party services providers to provide the applicable service to EKWB or on EKWB behalf.
For this purpose, EKWB shares your personal data with third persons as follows:
- Marketing, communication, business intelligence services
- Printing services
- Delivery services
- Security services
- Legal services
- IT and technical support services
- Sales representatives
- Financial consultants
- Other subcontractors who need access to personal data for providing their services.
These third parties are prohibited from using your personal data for promotional purposes or any other purpose but to provide their primary service.
- Partner Companies.Upon your agreement we will share your personal data with the third parties such as:
- Electing to share your personal data with other companies so that they can send you offers and promotions about their products and services; and
- Agreeing that we share your personal data with website operated by third parties and/ or platforms or applications, such as social networking sites.
EKWB shares the following personal data:
- Law Enforcement. We may report to law enforcement agencies any activities that we reasonably believe to be unlawful, or that we reasonably believe may aid a law enforcement investigation into unlawful activity. In addition, we reserve the right to release your information to law enforcement agencies if we determine, in our sole judgment, that either you have violated our policies, or the release of your information may protect the rights, property, or safety of EKWB or another person. We will disclose information that that law enforcement agencies require in particular case to be disclosed.
- Legal Process.We may share your information with others as required by, or permitted by, law. This may include sharing your information with government entities, or third parties in response to subpoenas, court orders, other legal process, or as we believe is necessary to exercise our legal rights, to defend against legal claims that have been brought against us, or to defend against possible legal claims that we determine in our sole discretion might be brought against us. We will share information with above-mentioned entities based on judgments of courts or tribunals or decisions of administrative authorities or another binding act. We will disclose information that the above-mentioned entities require in particular case to be disclosed.
- Blogs and other Online Postings.We may decide to allow users to share comments, postings, testimonials, or other information. If you choose to submit such information to us, the information you submit may be available generally to the public. Information that you provide in these areas may be read, collected, and used by others who access them. Exclusive responsibility for credibility of personal data and contact information lies in you.
You may at any time revoke the authorization for the processing of personal data. You also confirm that you were aware of the fact that every individual has the right to consult, transcribe, copy, supplement, correct, block and delete personal data relating to him (in accordance with applicable law on the protection of personal data) – unless this right is limited by the applicable regulations. EKWB in this case will do everything necessary for immediate fulfillment of these requirements.
For the purpose of executing and monitoring orders, customer support, newsletter campaigns, marketing automation campaigns, customer satisfaction surveys, and related management of user database we use third party service providers for which we have a data processing contract in accordance with GDPR requirements. In conformity with the services, personal data is transferred and stored in the US. Service providers are fulfilling the conditions of personal data protection within the framework of the EU-US (Privacy Shield), which is recognized as an appropriate level of personal data protection by the Information Commissioner of the Republic of Slovenia (order number 0601-3/2017/2, dated 20. 3. 2017).
We do not transmit your personal data to other third countries. In case your personal data will be transmitted to other third countries we will notify you.
HOW DOES EKWB KEEP MY PERSONAL DATA SECURE?
EKWB takes appropriate security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of data. These include internal reviews of data collection, storage and processing practices and security measures, as well as physical security measures to guard against unauthorized access to systems where we store personal data. EKWB restricts access to personal data to our employees, service providers and agents who need to know that information in order to operate, develop or improve our Products and Services. These individuals are bound by confidentiality obligations and may be subject to discipline, including termination and criminal prosecution, if they fail to meet these obligations. EKWB uses secure socket layer (“SSL”) technology to encrypt and protect the security of your personal data, including but not limited to your credit card number, when it is sent over the Internet. Therefore, while we strive to protect your personal data, we cannot guarantee its absolute security. We are not responsible for the functionality, privacy, or security measures of any other organization.
COOKIES AND TRACKING TECHNOLOGY
Here is a list of cookies that EKWB use. EKWB has listed them here so you that you can choose if you want to opt-out of cookies or not.
If you access EKWB Products and Services from a location outside the EU, we are not responsible for compliance with all local laws, restrictions or regulations.
EKWB stores your information for as long as needed to provide you with Products and Services. EKWB may store information longer, but only in a way that it cannot be tracked back to you. EKWB deletes the information as soon as they are not needed for providing our services. Above mentioned is stored in accordance with applicable law.
When information is no longer needed, we shall delete it using reasonable measures to protect the information from unauthorized access or use.
USER CONTENT RIGHTS
EKWB reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you can cooperate with us in asserting any available defenses.
EKWB is committed to protecting the online privacy of children and making the internet safe. We do not provide Products and Services to children, or knowingly collect or solicit personal data from children under 15 years of age. Any communication we get that is identified as being from a child under 15 will not be kept by EKWB. We encourage parents or guardians of children under 15 to regularly check and monitor their children’s use of email and other activities online.
PERSONAL DATA PROTECTION
Withdrawal of e-notification consent
You can withdraw your consent to receive e-notifications for the purpose of notifying you about useful information, news and the promotion of EKWB d.o.o. Products and Services at any time and for direct marketing, free of charge, by:
- Clicking on “unsubscribe” or “withdraw consent to receive e-news” or “Objection to personal data processing for the purpose of direct marketing”, which will be in each of the notifications about EKWB d.o.o. news, promotions of Products and Services,
- Sending a notification about your withdrawal or notification about your objection to the processing of personal data for direct marketing to the [email protected].
- Request in person at the registered office of the controller
Your withdrawal of consent does not affect the legality of the processing of your personal data in the period from when you gave consent (when you entered your e-mail address into the form for receiving E-News or when you confirmed your subscription to E-news as our client) to when you withdrew your consent.
After receiving your withdrawal of consent, we will stop processing your personal data (e-mail address) and will delete it. We will let you know that your withdrawal was took into account. On the basis of the filed objection regarding direct marketing we will immediately, and no later than within 15 days, permanently cease processing (using) your e-mail address for the purpose of direct marketing and notify you about this. We will no longer send you notifications about useful information, news and the promotion of Products and Services by EKWB d.o.o.
Information on the rights of individuals whose data we process
In relation to your personal data that we process, you have the right:
- To obtain confirmation whether we process your personal data;
- To access personal data referring to you;
- To rectification
- To erasure (Right to be forgotten)
- Of restriction of processing
- To data portability
- To object
- To state that the decision based solely on the automated processing of your personal data, including the creating of profiles, that has legal effects relating to you or significantly affects you in a similar way, does not apply to you,
- To withdraw data protection consent
For all stated rights, you may, at any time, contact us
- at [email protected].
- by regular post to the address EKWB D.O.O., Poslovna cona Žeje pri Komendi, Pod lipami 18, 1218 Komenda, Slovenia – EU or
- in person at the registered office of the controller at Poslovna cona Žeje pri Komendi, Pod lipami 18, 1218 Komenda, Slovenia – EU
We shall promptly ensure that the request is complied with immediately, but no later than in one (1) month. You will receive requested personal data in a structured, machine-readable and generally applicable way. First copy of your personal data in electronic or hard is free of charge, each additional copy we may charge a fee to cover cost of preparing the copy.
In addition, you are free in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, to use your right to object by automated means using technical specifications.
In relation to our processing of personal data referring to you, you are entitled to file a complaint with the Information Commissioner, Dunajska 22, 1000 Ljubljana, e-mail address: [email protected], phone: 00386 1 230 97 30, website: www.ip-rs.si.
If you are a California resident, California Civil Code Section 1798.83 permits you to request a notice regarding the disclosure of your personal data by EKWB to partners for the partners’ direct marketing purpose. If you are a California resident and would like a copy of this notice, please contact us. We do not track our users and visitors over time and across third party websites to provide targeted advertising. Consequently, we do not respond to Do Not Track (DNT) signals. Other third-party websites may keep track of your browsing activities when they provide you with content, which enables them to customize what they present to you on their websites.
Right of confirmation
Each data subject shall have the right granted by the European legislator to obtain from the controller the confirmation as to whether or not personal data concerning him or her are being processed.
Rights of access
Each data subject shall have the right granted by the European legislator to obtain from the controller free information about his or her personal data stored at any time and a copy of this information. Furthermore, the European directives and regulations grant the data subject access to the following information:
- the purposes of the processing
- the categories of personal data concerned;
- the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organizations;
- where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
- the existence of the right to request from the controller rectification or erasure of personal data, or restriction of processing of personal data concerning the data subject, or to object to such processing;
- the existence of the right to lodge a complaint with a supervisory authority;
- where the personal data are not collected from the data subject, any available information as to their source;
- the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) of the GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and envisaged consequences of such processing for the data subject.
Furthermore, the data subject shall have a right to obtain information as to whether personal data are transferred to a third country or to an international organization. Where this is the case, the data subject shall have the right to be informed of the appropriate safeguards relating to the transfer. We are obliged to provide you
Right to rectification
Each data subject shall have the right granted by the European legislator to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement.
Right to erasure (Right to be forgotten)
Each data subject shall have the right granted by the European legislator to obtain from the controller the erasure of personal data concerning him or her without undue delay, and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies, as long as the processing is not necessary:
- The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
- The data subject withdraws consent to which the processing is based according to point (a) of Article 6(1) of the GDPR, or point (a) of Article 9(2) of the GDPR, and where there is no other legal ground for the processing.
- The data subject objects to the processing pursuant to Article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) of the GDPR.
- The personal data have been unlawfully processed.
- The personal data must be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.
- The personal data have been collected in relation to the offer of information society services referred to in Article 8(1) of the GDPR.
Where the controller has made personal data public and is obliged pursuant to Article 17(1) to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform other controllers processing the personal data that the data subject has requested erasure by such controllers of any links to, or copy or replication of, those personal data, as far as processing is not required. EKWB will arrange the necessary measures in individual cases.
Right of restriction of processing
Each data subject shall have the right granted by the European legislator to obtain from the controller restriction of processing where one of the following applies:
- The accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data.
- The processing is unlawful and the data subject opposes the erasure of the personal data and requests instead the restriction of their use instead.
- The controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defense of legal claims.
- The data subject has objected to processing pursuant to Article 21(1) of the GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.
Right to data portability
Each data subject shall have the right granted by the European legislator, to receive the personal data concerning him or her, which was provided to a controller, in a structured, commonly used and machine-readable format. He or she shall have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, as long as the processing is based on consent pursuant to point (a) of Article 6(1) of the GDPR or point (a) of Article 9(2) of the GDPR, or on a contract pursuant to point (b) of Article 6(1) of the GDPR, and the processing is carried out by automated means, as long as the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
Furthermore, in exercising his or her right to data portability pursuant to Article 20(1) of the GDPR, the data subject shall have the right to have personal data transmitted directly from one controller to another, where technically feasible and when doing so does not adversely affect the rights and freedoms of others.
Right to object
Each data subject shall have the right granted by the European legislator to object, on grounds relating to his or her particular situation, at any time, to processing of personal data concerning him or her, which is based on point (e) or (f) of Article 6(1) of the GDPR. This also applies to profiling based on these provisions.
EKWB shall no longer process the personal data in the event of the objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or for the establishment, exercise or defense of legal claims.
If EKWB processes personal data for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing. This applies to profiling to the extent that it is related to such direct marketing. If the data subject objects to EKWB to the processing for direct marketing purposes, EKWB] will no longer process the personal data for these purposes.
In addition, the data subject has the right, on grounds relating to his or her particular situation, to object to processing of personal data concerning him or her by EKWB] for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) of the GDPR, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
Automated individual decision-making, including profiling
Each data subject shall have the right granted by the European legislator not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her, or similarly significantly affects him or her, as long as the decision (1) is not is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) is not authorized by Union law to which the controller is subject and which also lays down suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, or (3) is not based on the data subject’s explicit consent.
If the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) it is based on the data subject’s explicit consent, we shall implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and contest the decision.
Right to withdraw data protection consent
Each data subject shall have the right granted by the European legislator to withdraw his or her consent to processing of his or her personal data at any time.