Privacy
This personal data processing notice (hereinafter the “Notice”) has been prepared by Merch s.r.o., with its registered office at Slávičia 10, 903 01 Senec, Company ID: 47 608 803, entered in the Commercial Register of the Municipal Court Bratislava III, Section: Sro, Insert No.: 95409/B (hereinafter the “Company”) for the purpose of providing concise, transparent, intelligible and easily accessible information regarding the processing of your personal data.
- Definitions of terms used
In accordance with the principle of transparency and intelligibility, for the purposes of providing information within this Notice, the Company uses the following terms:
- Data subject means you, if the Company processes your personal data in the manner set out in this Notice;
- GDPR means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 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);
- Portal means the web portal https://eshop.mirojaros.sk/, including all subdomains, subpages and components;
- Act means Act No. 18/2018 Coll. on the Protection of Personal Data and on the Amendment and Supplementation of Certain Acts, as amended;
- General introduction
This Notice has been prepared in accordance with Art. 13 and Art. 14 GDPR, § 19 and § 20 of the Act and other generally binding legal regulations.
Given that the Company is the controller processing your personal data, it wishes to provide you with all necessary information regarding this processing.
The Company also uses cookies on the Portal. Some cookies may, among other functions, also obtain your personal data. In such cases, the Company is also a controller within the meaning of Art. 4(7) GDPR, or § 5 letter o) of the Act. More information about cookies is available on the Portal.
In connection with the processing of your personal data, the Company has also designed and implemented standard and specific personal data protection, including appropriate technical and organisational measures, in order to ensure a high level of security of your personal data.
If you have any questions in connection with this Notice or the processing of your personal data or in connection with the exercise of your rights under the GDPR and the Act, you may contact the Company at any time:
- by post to: Merch s.r.o., Slávičia 10, 903 01 Senec;
- by e-mail to: eshop@mirojaros.sk;
- by phone: +421 220 924 420.
- Information on the processing of personal data
Below, the Company provides an overview of individual processing activities, as well as the personal data processed, the purpose of processing, the legal basis for processing, the retention period and other information.
|
Processed personal data |
Purpose of processing personal data
|
Legal basis for processing personal data |
Personal data retention period |
Legal or contractual requirement and possible consequences of not providing personal data
|
|
Personal data necessary to ensure mutual communication - first name, last name, e-mail, phone contact and the content of communication.
Such communication may take place online (email, contact form, etc.), by phone or via postal mail. |
Ensuring communication (including sending, receipt and records of physical and electronic mail) between the Company and the Data subject. |
Legitimate interest of the Company.
The Company’s legitimate interest is to ensure efficient and smooth communication with the Data subject. |
For a period of 3 years from the last communication between the Company and the Data subject.
For a period of 10 yearsfrom the date of receipt or sending of paper mail. |
Voluntary provision of data.
The Data subject may exercise their right to object to the processing of personal data with the Company pursuant to Art. 21 GDPR and § 27 of the Act. |
|
Personal data necessary to maintain a list of Data subjects (black list) with whom the Company does not wish to enter into a contractual relationship – first name, last name, permanent or temporary residence address. |
Maintaining a list of Data subjects (black list) with whom the Company does not wish to enter into a contractual relationship. |
Legitimate interest of the Company.
The Company’s legitimate interest is to protect its business against Data subjects who have breached their contractual obligations, for which reason the Company does not want to enter into another contractual relationship with them. |
For a period of 10 yearsfrom the date the Data subject is included in the list of Data subjects (black list) with whom the Company does not wish to enter into a contractual relationship. |
The Company processes personal data based on legitimate interests because it carried out a purpose compatibility test, whereby the original purpose for which it processed personal data is compatible with this purpose. |
|
Personal data necessary to ensure the “watchdog” function – email or phone contact.
The “watchdog” function is a voluntary function that the Portal user can choose for individual products, about which the Company will send information regarding availability. |
Ensuring the “watchdog” function, i.e. informing the Data subject about product availability. |
Legitimate interest of the Company.
The Company’s legitimate interest is to ensure the efficient and smooth operation of the “watchdog” function. |
For a period of 1 year from the moment the Data subject selects the “watchdog” function for a specific product. |
Voluntary provision of data.
The Data subject may exercise their right to object to the processing of personal data with the Company pursuant to Art. 21 GDPR and § 27 of the Act. |
|
Personal data contained in documentation that is part of the registry - first name, last name, signature, permanent or temporary residence address, e-mail, telephone number and other data under a specific regulation or data contained in the relevant documentation. |
Registry management. |
Legal obligation of the Company.
The Company fulfils its legal obligations pursuant to Act No. 395/2002 Coll. and Decree No. 410/2015 Coll. |
For a period of 10 yearsfrom the date the document is included in the registry. |
Providing personal data is a legal requirement.
Failure to provide personal data results in a breach of obligations arising from legal regulations. |
|
Personal data necessary for the Company to exercise its rights - first name, last name, permanent or temporary residence address, date of birth and other personal data processed within individual proceedings.
The Company may enforce these rights through judicial and out-of-court means. |
Enforcement of claims through judicial means via courts, arbitration courts, enforcement offices, law firms, notary offices or by out-of-court means. |
Legal obligation of the Company.
The legal obligation consists of identifying the Data subject and the Company’s claim when exercising and enforcing rights.
Legal obligations arise from the following generally binding legal regulations: Act No. 40/1964 Coll., Act No. 513/1991 Coll., Act No. 160/2015 Coll., Act No. 233/1995 Coll., Act No. 244/2002 Coll., Act No. 162/2015 Coll. and Act No. 563/2009 Coll.
Legitimate interest of the Company.
If there is no legal obligation to process the Data subject’s personal data, but such personal data are necessary to exercise or enforce the Company’s rights, the Company processes personal data on the basis of legitimate interest.
The Company’s legitimate interest is the exercise of rights and their subsequent enforcement through legal means. |
For the duration of the limitation period or forfeiture period or for a period of 10 years from the final conclusion of the proceedings. |
The Company processes the Data subject’s personal data on the basis of its legal obligation.
Failure to provide personal data results in the Company being unable to fulfil its legal obligations and therefore its rights in asserting claims are limited.
The Company processes personal data based on legitimate interests because it carried out a purpose compatibility test, whereby the original purpose for which it processed personal data is compatible with the purpose of asserting claims. |
|
Personal data necessary to enter into a contractual relationship, ensure communication between the contracting parties and proper performance of contractual obligations - first name, last name, email, phone contact, job position and signature. |
Conclusion of a contract, ensuring communication between the contracting parties and proper performance of contractual obligations.
The Company processes personal data of the Data subject who acts as a representative or contact person of the other contracting party (e.g. statutory representative, member of a statutory body, authorised proxy, attorney-in-fact, contact person, etc.) |
Legitimate interest of the Company.
The Company’s legitimate interest is to enter into a contractual relationship, ensure the fulfilment of its contractual obligations arising from the contractual relationship in question, and ensure communication between the contracting parties. |
For the duration of the limitation period or forfeiture period applicable to the Company’s claims arising from the contractual relationship. |
Voluntary provision of data. The Data subject may exercise their right to object to the processing of personal data with the Company pursuant to Art. 21 GDPR and § 27 of the Act.
If the Data subject’s employer provides their personal data within the contractual relationship, § 78(3) of the Act applies, under which the employer may provide such data. |
|
Personal data necessary to contact the other contracting party, who is the Data subject - first name, last name, e-mail, telephone number and other personal data stated in the contract or processed under the contract. |
Conclusion and performance of a contract to which the Data subject is a contracting party (except for a consumer contract). |
Pre-contractual negotiations and contractual obligation of the Company.
The contractual obligation arises from the Contract concluded with the Data subject. |
For the duration of the limitation period or forfeiture period applicable to the Company’s claims arising from the contractual relationship. |
Providing personal data is a contractual requirement.
Failure to provide personal data results in the Company being unable to enter into a contractual relationship with the Data subject. |
|
Personal data necessary to conclude a consumer contract - first name, last name, delivery address, e-mail, phone contact and order content. |
Conclusion of a consumer contract.
If the Data subject wishes to purchase a product or service via the Portal, they conclude a consumer contract with the Company. To conclude this contract, the Company is required to process personal data. |
Pre-contractual negotiations and contractual obligation of the Company.
The contractual obligation arises from the Contract concluded with the Data subject. |
For the duration of the limitation period or forfeiture period applicable to the Company’s claims arising from the contractual relationship. |
Providing personal data is a contractual requirement.
Failure to provide personal data results in the Company being unable to enter into a consumer contractual relationship with the Data subject. |
|
Personal data necessary for sending the newsletter -e-mail, first name and last name. |
Sending general advertising notices about the Company’s activities, products and services to Data subjects who have requested them. |
Consent of the Data subject to the processing of their personal data.
Consent may be withdrawn at any time. |
For a period of 5 years from granting consent, or. until consent is withdrawn for the processing of personal data. |
Voluntary provision of data.
Not giving consent results in commercial offers about products and services not being sent. |
|
Personal data necessary for sending the newsletter - e-mail, first name and last name. |
Sending advertising notices about the Company’s products and services to Data subjects with whom the Company has a previous business relationship. |
Legitimate interest of the Company.
The Company’s legitimate interest is the promotion of the Company’s products and services. |
For a period of 5 years from the conclusion of the last business relationship. |
Voluntary provision of data.
The Data subject may unsubscribe from newsletters at any time. The Company processes personal data for this purpose based on a legal exception pursuant to § 116(15) of Act No. 452/2021 Coll. |
|
Personal data necessary for exercising the Data subject’s rights -first name, last name, email, phone contact, the personal data concerned, the right being exercised and other information. |
Exercising the rights of Data subjects through a request. |
Legal obligation of the Company.
The legal obligation consists of enabling the Data subject to exercise their rights through a request and subsequently handling the request.
Legal obligations arise from the following generally binding legal regulations: GDPR and the Act. |
For a period of 5 years following the year in which the Data subject’s request was handled. |
The Company processes the Data subject’s personal data on the basis of its legal obligation.
Failure to provide personal data results in the Company being unable to fulfil its legal obligations and therefore being unable to handle the Data subject’s request. |
|
Personal data necessary for maintaining accounting and tax records - first name, last name, email and phone contact and other data stated on the invoice. |
Maintaining accounting and tax records. |
Legal obligation of the Company.
The Company fulfils its legal obligations arising primarily under Act No. 431/2002 Coll., Act No. 222/2004 Coll., Act No. 40/1964 Coll., Act No. 311/2001 Coll., Act No. 595/2003 Coll., Act No. 582/2004 Coll., Act No. 283/2002 Coll. and Act No. 563/2009 Coll. |
For a period of 10 years following the year in which the personal data were first processed. |
Providing personal data is a legal requirement.
Failure to provide personal data results in a breach of obligations arising from legal regulations. |
|
Personal data necessary to achieve the Company’s legitimate interest - first name, last name, phone contact, e-mail, call recording and other personal data provided as part of communication. |
Improving calls and services provided via the call centre. |
Legitimate interest of the Company.
The Company’s legitimate interest is ensuring an effective way of providing help and assistance as well as streamlining the provision of services. |
For a period of 1 month from making the audio recording. |
Voluntary provision of data.
The Data subject may exercise their right to object to the processing of personal data with the Company pursuant to Art. 21 GDPR and § 27 of the Act.
|
|
Personal data necessary to obtain a review or other feedback - first name, last name, e-mail, phone contact and the content of the review or other feedback. |
Obtaining a review or other feedback.
If a product or service is purchased, the Data subject may rate the relevant product or service by leaving a review. If the Data subject has not purchased a product or service, they may provide the Company with other feedback. |
Legitimate interest of the Company.
The Company’s legitimate interest is obtaining reviews (ratings) of a purchased product or provided service from the Data subject in order to improve the range of products sold or services provided and also obtaining other feedback in order to increase the quality of the Company’s individual business activities. |
For the period of sale of the product or provision of the service by the Company or until the review or other feedback is deleted. |
Voluntary provision of data.
The Data subject may exercise their right to object to the processing of personal data with the Company pursuant to Art. 21 GDPR and § 27 of the Act. |
|
Personal data necessary to complete a satisfaction survey - first name, last name, e-mail, purchased product or services and the content of the satisfaction survey. |
Sending a satisfaction survey.
The Company sends a satisfaction survey with the e-shop purchase to all Data subjects who purchased a product or service from it. |
Legitimate interest of the Company.
The Company’s legitimate interest is improving the services provided when selling a product or services through the customer’s expression of satisfaction in the survey. |
For a period of 3 yearsfrom completion of the satisfaction survey.
|
Voluntary provision of data.
The Data subject may exercise their right to object to the processing of personal data with the Company pursuant to Art. 21 GDPR and § 27 of the Act. |
|
Personal data necessary for operating the "abandoned cart" service - e-mail and the content of the unfinished order. |
Informing about an unfinished order ("abandoned cart").
If the Data subject is interested in purchasing a product or services via the Portal, but after adding items to the electronic cart does not complete the order, they have the option to activate the abandoned cart function by entering their e-mail address. In such a case, the Company will send the Data subject (to the e-mail they provided) a reminder regarding the unfinished order and its content. |
Legitimate interest of the Company.
The Company’s legitimate interest is improving the Company’s services by reminding the Data subject that the in-progress order is not bindingly concluded, and the Data subject may return to it at any time and complete it. |
For a period of 7 days from the date of entering the e-mail on the Portal in order to access the "abandoned cart" function. |
Voluntary provision of data.
The Data subject may exercise their right to object to the processing of personal data with the Company pursuant to Art. 21 GDPR and § 27 of the Act. |
|
Personal data necessary to ensure participation in a competition and other activities related to the competition based on the rules (statute) of the competition, such as publication of personal data, participation in advertising or marketing activities as a winner or participant in the competition, etc. – personal data processed within a specific competition such as first name, last name, social network profile, delivery address, order information, draw information and the content of a comment on a social network (photo, text or audiovisual recording). |
Organisation of the competition, drawing from among participants, publication of winners and other purposes arising from the competition rules (statute).
If the Data subject actively participates in the competition, they enter into a contractual relationship with the Company, the subject of which is participation in the competition, handing over the prize and other activities arising from the competition rules (statute).
In some cases, the Data subject may automatically participate in the competition based on an order of products or services from the Company |
Pre-contractual negotiations and contractual obligation of the Company.
If the Data subject actively participates in the competition, they enter into a contractual relationship with the Company, the subject of which is participation in the competition, handing over the prize and other activities arising from the competition rules (statute).
Legitimate interest of the Company.
In some cases, the Data subject may automatically (passively) participate in the competition based on an order of products or services from the Company or based on other activity towards the Company, and in such a case the Company will include them in the competition or draw for a prize. In this case, it is the Company’s legitimate interest in promoting its activities, services or products. |
For the duration of the limitation period or forfeiture period applicable to the Company’s claims arising from the contractual relationship, if the legal basis is pre-contractual negotiations or a contractual obligation.
For a period of 5 yearsfrom handing over the prize to the winner within the competition, if the legal basis is the Company’s legitimate interest. |
Providing personal data is a contractual requirement.
Failure to provide personal data results in the Data subject being unable to participate in the competition.
By purchasing a product or service or other activity, the Data subject is automatically included in the competition.
The Data subject may exercise their right to object to the processing of personal data with the Company pursuant to Art. 21 GDPR and § 27 of the Act. |
|
Personal data necessary for promoting the Company’s activities, services or products on social networks - first name, last name, reaction, comment and Data subject profile. |
Operating fan pages or other profiles on social networks for the purpose of promoting the Company’s activities, services and products.
The Company has created various profiles on social networks (Facebook and Instagram) and, as the operator of these profiles, also processes personal data of social network users who visit these profiles. It operates these profiles for the purpose of promoting activities, services and products, while interacting with individual social network users as part of this activity. |
Legitimate interest of the Company.
The Company’s legitimate interest is promoting the Company’s activities, services and products |
For the period of operating the social network profile. |
Voluntary provision of data.
The Data subject may exercise their right to object to the processing of personal data with the Company pursuant to Art. 21 GDPR and § 27 of the Act. |
|
Personal data necessary for promoting the Company’s activities, services or products -photo and audiovisual recording.
The Company may also associate other personal data with photos or audiovisual recordings, such as - first name, last name, e-mail, telephone number and position. |
Promotion of the Company’s activities, services or products.
For the purpose of promoting its activities, services or products, the Company takes photos or makes audiovisual recordings, which may also include personal data of Data subjects in the form of their likeness. The Company makes these photos or audiovisual recordings e.g. as part of organising activities - conferences, seminars, press conferences, gatherings, etc.
The Company processes this personal data on the basis of its legitimate interests in the case of: a) where the main purpose of taking the photo or audiovisual recording is not the Data subject (i.e. it is not a presentation of a specific Data subject); b) where the main purpose of taking the photo or audiovisual recording is the Data subject, but that Data subject may reasonably expect this (e.g. it follows from their relationship with the Company or from the specific context of the situation); c) where the main purpose of taking the photo or audiovisual recording is the Data subject, but these will not be further published to an indeterminate public; d) where the main purpose of taking the photo or audiovisual recording is the Data subject, but their personal rights are not unlawfully interfered with. |
Legitimate interest of the Company.
The Company’s legitimate interest is promoting the Company’s activities, services or products by taking photos or audiovisual recordings. |
For a period of 5 years from the start of processing personal data. |
Voluntary provision of data.
The Data subject may exercise their right to object to the processing of personal data with the Company pursuant to Art. 21 GDPR and § 27 of the Act. |
|
Personal data necessary for promoting the Company’s activities, services or products -photo and audiovisual recording.
The Company may also associate other personal data with photos or audiovisual recordings, such as - first name, last name, e-mail, telephone number and position. |
Promotion of the Company’s activities, services or products.
For the purpose of promoting its activities, services or products, the Company takes photos or makes audiovisual recordings, which may also include personal data of Data subjects in the form of their likeness. The Company makes these photos or audiovisual recordings e.g. as part of organising activities - conferences, seminars, press conferences, gatherings, etc.
The Company processes this personal data on the basis of the Data subject’s consent where the legal basis of its legitimate interests is not sufficient for the processing. |
Consent of the Data subject to the processing of their personal data.
Consent may be withdrawn at any time. |
For a period of 5 yearsfrom granting consent, or until consent is withdrawn for the processing of personal data. |
Voluntary provision of data.
Not giving consent results in the Company not taking a photo or making an audiovisual recording. |
|
Personal data necessary to receive and handle a complaint - first name, last name, permanent or temporary residence address, the complained-about product or service and other data stated in the complaint. |
Receiving and handling complaints.
The Company is obliged to accept, process, handle and keep records of complaints. |
Legal obligation of the Company.
Legal obligations arise from the following generally binding legal regulations: Act No. 40/1964 Coll., Act No. 108/2024 Coll. |
For the duration of the limitation period or forfeiture period applicable to the Company’s claims arising from the contractual relationship. |
Providing personal data is a legal requirement.
Failure to provide personal data results in a breach of obligations arising from legal regulations. |
- Rights of Data subjects
In connection with the processing of personal data, you, as a Data subject, have the rights listed below, which you may exercise with the Company at any time in the form of a request. In such a case, the Company is obliged to provide the Data subject with information on the measures taken on the basis of their request without undue delay, but no later than within 1 month. The Company may extend this period by a further 2 months, in which case it shall inform the Data subject of any such extension within 1 month of receipt of the request, together with the reasons for the delay.
The rights of the Data subject listed below are not in every case absolute, and legal exceptions under the GDPR or the Act may apply to their exercise. It also applies that different rights relate to different processing activities.
- Right of access (Art. 15 GDPR or § 21 of the Act)
The Data subject has the right to obtain confirmation as to whether the Company processes their personal data and, if so, has the right to access such personal data. The Data subject also has the right to be provided with all information within this Notice, and the Company updates this Notice regularly.
- Right to rectification (Art. 16 GDPR or § 22 of the Act)
The Data subject has the right to have personal data concerning them that the Company processes rectified without undue delay. The Data subject also has the right to have incomplete personal data completed.
- Right to erasure/forgetting (Art. 17 GDPR or § 23 of the Act)
The Data subject has the right to have personal data concerning them that the Company processes erased without undue delay. However, the right to erasure is not absolute and at least one of the reasons under Art. 17(1) GDPR and § 23(2) of the Act must be met, or the Company is not obliged to erase such personal data in the cases set out under Art. 17(3) GDPR and § 23(4) of the Act.
- Right to restriction of processing (Art. 18 GDPR or § 24 of the Act)
The Data subject has the right for the Company to restrict the processing of their personal data under the conditions set out in Art. 18 GDPR and § 24 of the Act.
- Right to data portability (Art. 20 GDPR or § 26 of the Act)
The Data subject has the right to receive the personal data they have provided to the Company in a structured, commonly used and machine-readable format and has the right to transmit those personal data to another controller if they provided their personal data on the basis of consent and the Company processes those personal data by automated means.
- Right to object (Art. 21 GDPR or § 27 of the Act)
The Data subject has the right to object to the processing of personal data concerning them that the Company processes if such processing is carried out on the legal basis of performance of a task carried out in the public interest or for the legitimate purposes of the Company or third parties, including objection to profiling based on those legal bases. The Data subject also has the right to object to the processing of personal data concerning them that the Company processes for direct marketing purposes, including profiling.
- Rights related to automated individual decision-making including profiling (Art. 22 GDPR or § 28 of the Act)
The Data subject has the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning them or similarly significantly affects them.
- Right to submit a motion to initiate proceedings (§ 100 of the Act)
The Data subject has the right to submit a motion to initiate personal data protection proceedings under § 100 of the Act to the supervisory authority if they believe that the Company processes their personal data in breach of the GDPR or the Act.
The Data subject may submit a motion to initiate proceedings to the Office for Personal Data Protection of the Slovak Republic, with its registered office at Hraničná 12, 820 07 Bratislava. More information is available on the web portal of the Office for Personal Data Protection of the Slovak Republic.
- Right to withdraw consent (Art. 7 GDPR or § 14 of the Act)
If personal data are processed on the legal basis of the Data subject’s consent, the Data subject has the right to withdraw their consent at any time without affecting the lawfulness of processing based on consent before its withdrawal.
You may withdraw your consent at any time by sending an e-mail to: eshop@mirojaros.sk
- Sources of obtaining personal data
The Company primarily obtains personal data directly from Data subjects. In some cases, however, Data subjects are not directly in contact with the Company, and in such a case the Company obtains personal data from other sources, which are:
- publicly available sources in which the Data subject’s personal data are stated;
- another person who provides the Company with the Data subject’s personal data – in such a case, the providing person is obliged to have the Data subject’s consent pursuant to § 78(6) of the Act;
- Recipients of personal data
The Company may also provide the personal data of Data subjects to other natural or legal persons, public authorities or international organisations.
When providing personal data of Data subjects, the Company ensures the highest possible level of personal data protection, and where it provides personal data to its processors or a joint controller, it has a contractual relationship in accordance with Art. 26 or Art. 28 GDPR, or § 33 or § 34 of the Act.
The Company provides the personal data of Data subjects to the following categories of recipients or public authorities:
- controlling or controlled entities and other entities in the horizontal or vertical hierarchy of the Company’s organisational structure;
- business partners;
- providers of legal, accounting, tax, consulting, IT or other services;
- an expert, authorised, notified and accredited person or a person authorised to perform warranty repairs;
- Slovenská pošta, a.s., courier companies and transport companies;
- public authorities.
- Personal data retention period
In addition to the specified retention period for individual personal data under point 3 of this Notice, the Company may retain the personal data of Data subjects for a longer period, if it is necessary to retain personal data even after the specified period due to the Company’s legitimate interests or due to a change in its legal obligations.
- Transfer of personal data to third countries or international organisations
The Company may transfer the personal data of Data subjects to other third countries or international organisations. In the event of any transfer of personal data to third countries or international organisations, the Company always undertakes to ensure an adequate level of protection of the personal data of Data subjects.
The Company does not transfer personal data to other third countries or to international organisations.
- Automated individual decision-making including profiling
The Company does not use automated individual decision-making, including profiling, when processing the personal data of Data subjects.