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PERSONAL DATA PROTECTION AND COOKIE NOTICE

Privacy Policy and Cookie Notice provided to the data subject by the operator when collecting personal data from the data subject of the online store https://www.dgnutrition.sk

I. Operator

1.1. The identity and contact details of the Operator are:

Business Name: Muscle Company, s.r.o.
Registered Office: Kutuzovova 17, Bratislava - Nové Mesto 831 03, Slovak Republic
Registered in the Commercial Register of the District Court Bratislava III, Section Sro, Insert Number 106881/B
ID number: 500 054 21
Tax ID: 2120144378
VAT ID: SK2120144378
Bank Account: SK90 0900 0000 0050 7849 5851
The Seller is a VAT payer

1.2. The email and telephone contact for the Operator are:

1.3. Operator's address for sending documents:

  • Muscle Company, s.r.o., Vajnorská 98/B Bratislava - Nové Mesto 831 04 Bratislava, Slovak Republic

1.4. In accordance with Article 13(1) and (2) of the 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, hereinafter referred to as "Regulation"), and in accordance with Act No. 18/2018 Coll. on the Protection of Personal Data and on Amendments to Certain Acts, as amended, and Act No. 452/2021 Coll. on Electronic Communications, as amended, the Operator (Seller) provides the Data Subject (Customer), from whom the Operator (Seller) collects personal data relating to the Data Subject, with the following information, instructions, and explanations:

II. Links

2.1. These privacy policies and instructions are an integral part of the General Terms and Conditions published on the Seller's website.

2.2. In accordance with Section 3(1)(n) of Act No. 102/2014 Coll., the Seller informs the consumer that there are no specific codes of conduct to which the Seller has committed to comply. The codes of conduct refer to an agreement or a set of rules that define the behavior of the Seller, who has undertaken to comply with such code of conduct in relation to one or more specific business practices or sectors, if not provided for by law or another legal regulation or measure of a public authority. The Seller informs the consumer about the existence of codes of conduct, if any, and about the manner in which the consumer can familiarize himself/herself with them or obtain their content.

III. Personal Data Protection and Use of Cookies. Explanation and Information about Cookies, Scripts, and Pixels

3.1. The operator of the website provides the following brief explanation of the function of cookies, scripts, and pixels:

3.1.1. Cookies are text files that contain a small amount of information downloaded to your device when you visit a website. This file allows the website to retain information about your actions and preferences (such as login information, language, font size, and other display settings) for a certain period of time, so you don't have to re-enter them on your next visit or when browsing different pages of the website.

A script is a piece of code used for the proper and interactive functioning of websites. This code is executed on the operator's server or on your device.

A pixel is a small, invisible text or image on a webpage used to monitor website traffic. Various data is stored through pixels.

3.1.2. Cookies are divided into:

  • Technical or functional cookies - ensure the proper functioning and use of the operator's website. These cookies are used without consent.
  • Statistical cookies - the operator obtains statistics on the use of its websites. These cookies are used with consent.
  • Marketing / Advertising cookies - used for creating advertising profiles and similar marketing activities. These cookies are used with consent.

3.2. How to control cookies:

3.2.1. You can control and/or delete cookies as you wish – for details, see the website aboutcookies.org. You can delete all cookies stored on your computer or device and most web browsers can be set to prevent them from being stored.

3.3. The Operator's website uses the following cookies:

  • All cookies used by the Operator can be found on the website https://www.cookieserve.com/ by entering the web address of the Operator https://www.dgnutrition.sk/
  • Technical or functional cookies - accessed by the Operator of the website. Cookie duration is 2 years.
  • Statistical cookies - accessed by the Operator of the website. Cookie duration is 2 years.
  • Marketing and advertising cookies - accessed by the Operator of the website. Cookie duration is 2 years.

3.3.1. Cookies accessed by third parties:

  • Google Analytics, Google ADS: Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland. For more information on privacy, visit https://support.google.com/analytics/topic/2919631?hl=en&ref_topic=1008008
  • Facebook Pixels: Facebook Ireland Ltd. 4 Grand Canal Square, Grand Canal Harbour Dublin 2, Ireland. For more information on privacy, visit https://www.facebook.com/about/privacy/

IV. Processed Personal Data

4.1. The Operator processes the following personal data on its website: name, surname, address, email address, home phone number, mobile phone number, billing address, delivery address, data obtained from cookies, IP addresses.

V. Contact Details of the Data Protection Officer

5.1. The Operator has appointed a data protection officer in accordance with Regulation 2016/679 on the protection of individuals with regard to the processing of personal data and on the free movement of such data. Contact: Email: [email protected], Tel. No .: +421919333999

5.2. The Operator is also the Seller within the meaning of the term defined in the General Terms and Conditions of this website.

VI. Purposes of Processing Personal Data and Retention Period

6.1. The purposes of processing the personal data of the Data Subject include, in particular:

  • 6.1.1. Record keeping, creation, and processing of contracts and customer data for the purpose of concluding contracts with third parties.
  • 6.1.2. Processing of accounting documents and documents related to the business activities of the Operator.
  • 6.1.3. Compliance with legal regulations regarding the archiving of documents and records, e.g., under Act No. 431/2002 Coll., the Accounting Act, as amended, and other relevant regulations.
  • 6.1.4. The activities of the Operator in connection with the fulfillment of requests, orders, contracts, and similar institutions of the Data Subject.
  • 6.1.5. Newsletter, marketing, and similar advertising activities of the Operator. In case the Data Subject has given consent to the Operator for marketing and similar advertising activities.

6.2. The Operator retains the personal data of the Data Subject only for the necessary period required for the performance of the contract and their subsequent archiving in accordance with the legal deadlines imposed on the Operator by legal regulations. In the event that the Data Subject has consented to receiving promotional emails and similar offers, the personal data of the Data Subject are processed for these purposes until the Data Subject revokes their consent. However, the data will be retained for a maximum of 10 years.

VII. Legal Basis for Processing Personal Data of the Data Subject

7.1. In case the Operator processes personal data based on the consent of the Data Subject, such processing will commence only after the Data Subject has given their consent.

7.2. In case the Operator processes personal data of the Data Subject for the purposes of pre-contractual relations, concluding and performing a purchase agreement, and related delivery of goods, products, or services, the Data Subject is obliged to provide personal data for the proper fulfillment of the purchase agreement; otherwise, the fulfillment cannot be ensured. Personal data for this purpose are processed without the consent of the Data Subject.

VIII. Recipients or Categories of Recipients of Personal Data

8.1. The recipients of personal data of the Data Subject may include:

  • 8.1.1. Statutory bodies or their members of the Operator.
  • 8.1.2. Persons employed in an employment or similar relationship with the Operator.
  • 8.1.3. Business representatives of the Operator and other individuals cooperating with the Operator in fulfilling its tasks. For the purposes of this document, all individuals performing dependent work for the Operator based on an employment contract or agreements for work performed outside an employment relationship shall be considered as employees of the Operator.
  • 8.1.4. The recipients of personal data of the Data Subject also include the collaborators of the Operator, its business partners, suppliers, and contractual partners, in particular: an accounting company, a company providing software-related services, a company providing legal services to the Operator, a company providing consultancy services to the Operator, companies providing transportation and delivery of products to buyers and third parties, marketing companies, companies operating social networks, companies providing payment gateways and other payment methods.
  • 8.1.5. The recipients of personal data also include courts, law enforcement authorities, the tax office, and other state authorities, if required by law. Personal data will be provided by the Operator to such authorities and state institutions based on and in accordance with the laws of the Slovak Republic.
  • 8.1.6. List of third-party data processors and recipients processing personal data of the Data Subject:
    • General Logistics Systems Slovakia s.r.o., Budča 1039, 962 33 Budča, Slovak Republic – a third-party entity providing transport services.
    • STRIPE PAYMENTS EUROPE, LIMITED, C/O A & L Goodbody, Ifsc, North Wall Quay, Dublin, D01 H104, Ireland – a third-party entity providing payment gateway.

IX. Information on the Provision of Personal Data to Third Countries and Retention Period

9.1. Not applicable. The Operator does not transfer personal data of individuals to third countries.

X. Information about the Existence of Relevant Rights of the Data Subject:

10.1. The Data Subject has the following rights, among others:

10.1.1. Point 10.1 does not affect other rights of the Data Subjects.

10.1.2. The right of the Data Subject to access data according to Article 15 of the Regulation, which includes:

- The right to obtain confirmation from the Operator as to whether or not personal data concerning the Data Subject are being processed, and if so, the extent of such processing. Also, if personal data are processed, the right to know their content and to request information from the Operator about the purpose of their processing, in particular information about: the reasons for their processing, the categories of personal data concerned, the recipients or categories of recipients to whom the personal data have been or will be disclosed, especially in the case of recipients in third countries or international organizations, the envisaged retention period for personal data, or, if not possible, the criteria used to determine that period, the existence of the right to request from the Operator rectification or erasure of personal data concerning the Data Subject or the restriction of processing, and the right to object to such processing, the right to lodge a complaint with the supervisory authority, if the personal data were not obtained from the Data Subject, any available information regarding their source, the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) of the Regulation, and in such cases, at least meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the Data Subject, the appropriate safeguards pursuant to Article 46 of the Regulation, relating to the transfer of personal data to a third country or an international organization.

10.1.3. The right of the Data Subject to obtain a copy of the processed personal data, subject to the condition that the right to obtain a copy of the processed personal data shall not adversely affect the rights and freedoms of others.

10.1.4. The right of the Data Subject to rectification according to Article 16 of the Regulation, which includes the right for the Operator to rectify without undue delay any inaccurate personal data concerning the Data Subject. The right to have incomplete personal data completed, including by means of providing a supplementary statement by the Data Subject. The right of the Data Subject to erasure of personal data (the "right to be forgotten") according to Article 17 of the Regulation, which includes:

10.1.5. The right to obtain from the Operator the erasure of personal data concerning the Data Subject without undue delay if one of the following grounds applies:

- 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 on which the processing is based, and there is no other legal ground for the processing. The Data Subject objects to the processing pursuant to Article 21(1) of the Regulation, 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 Regulation. The personal data have been unlawfully processed. The personal data have to be erased for compliance with a legal obligation under Union or Member State law to which the Operator 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 Regulation.

10.1.6. The right of the Data Subject to have the Operator, who has made the personal data public, take reasonable steps, including technical measures, to inform other controllers processing the personal data that the Data Subject requests erasure of any links to, or copy or replication of, those personal data. However, the right to erasure of personal data with the content of rights pursuant to Article 17(1) and (2) of the Regulation shall not arise if the processing of personal data is necessary:

10.1.7. For the exercise of the right of freedom of expression and information.

10.1.8. For compliance with a legal obligation which requires processing by Union or Member State law to which the Operator is subject, or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the Operator.

10.1.9. For reasons of public interest in the area of public health in accordance with Article 9(2)(h) and (i) of the Regulation, as well as Article 9(3) of the Regulation.

10.1.10. For archiving purposes in the public interest, scientific or historical research purposes, or statistical purposes in accordance with Article 89(1) of the Regulation, if the right referred to in Article 17(1) of the Regulation is likely to render impossible or seriously impair the achievement of the objectives of that processing, or for the establishment, exercise, or defense of legal claims.

10.1.11. The right of the Data Subject to restriction of processing according to Article 18 of the Regulation, which includes:

10.1.12. The right of the Data Subject to obtain from the Operator restriction of processing where one of the following applies: the Data Subject contests the accuracy of the personal data, for a period enabling the Operator 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 the restriction of their use instead; the Operator 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 Regulation, pending the verification whether the legitimate grounds of the Operator override those of the Data Subject.

10.1.13. The right that, where processing has been restricted, such personal data shall, with the exception of storage, only be processed with the Data Subject's consent or for the establishment, exercise, or defense of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or of a Member State.

10.1.14. The right to be informed by the Operator before the restriction of processing is lifted.

10.1.15. The right of the Data Subject to fulfill the obligation to notify recipients pursuant to Article 19 of the Regulation, which includes: the right for the Operator to notify each recipient to whom personal data have been disclosed of any rectification or erasure of personal data or restriction of processing carried out according to Article 16, Article 17(1), and Article 18 of the Regulation, unless this proves impossible or involves disproportionate effort, the right for the Operator to inform the Data Subject about those recipients, if the Data Subject requests it.

10.1.16. The right of the Data Subject to data portability according to Article 20 of the Regulation, which includes the right to receive the personal data concerning the Data Subject, which they have provided to the Operator, in a structured, commonly used, and machine-readable format and the right to transmit those data to another controller without hindrance from the Operator, where:

  • a/ the processing is based on consent pursuant to Article 6(1)(a) of the Regulation or Article 9(2)(a) of the Regulation, or on a contract pursuant to Article 6(1)(b) of the Regulation, and
  • b/ the processing is carried out by automated means.

10.1.17. The right to obtain personal data in a structured, commonly used, and machine-readable format and the right to transfer this data to another controller without hindrance from the Operator, provided that it does not adversely affect the rights and freedoms of others;

10.1.18. The right to directly transfer personal data from one controller to another, where technically feasible;

10.1.19. The right of the Data Subject to object, as provided for in Article 21 of the Regulation, which includes:

10.1.20. The right to object, at any time and for reasons relating to their particular situation, to the processing of personal data concerning them, which is carried out on the basis of Article 6(1)(e) or (f) of the Regulation, including profiling based on those provisions of the Regulation;

10.1.21. In the event of exercising the right to object, the right of the Data Subject to request that the Operator no longer processes their personal data, unless the Operator demonstrates compelling legitimate grounds for the processing that override the interests, rights, and freedoms of the Data Subject or for the establishment, exercise, or defense of legal claims;

10.1.22. The right to object, at any time, to the processing of personal data concerning the Data Subject for direct marketing purposes, including profiling related to such direct marketing. It should be noted that if the Data Subject objects to the processing of personal data for direct marketing purposes, the personal data may no longer be processed for such purposes;

10.1.23. In relation to the use of information society services, the right to exercise the right to object to the processing of personal data by automated means using technical specifications;

10.1.24. The right to object, for reasons relating to the Data Subject's particular situation, to the processing of personal data concerning the Data Subject, where the personal data are processed for scientific or historical research purposes or statistical purposes in accordance with Article 89(1) of the Regulation, except where the processing is necessary for the performance of a task carried out in the public interest;

10.1.25. The right of the Data Subject related to automated individual decision-making, including profiling, as provided for in Article 22 of the Regulation, which includes:

10.1.26. The right for the decision which produces legal effects concerning the Data Subject or similarly significantly affects them, not to be based solely on automated processing of personal data, including profiling, except for cases specified in Article 22(2) of the Regulation (i.e., the decision is necessary for the performance of a contract, authorized by Union or Member State law, or based on the Data Subject's explicit consent);

10.1.27. Permitted by the law of the European Union or the law of a Member State to which the Operator is subject and which also provides for suitable measures to safeguard the rights and freedoms and legitimate interests of the Data Subject, or (c) based on the explicit consent of the Data Subject.

XI. Information on the Data Subject's right to withdraw consent to the processing of personal data:

11.1. The Data Subject has the right to withdraw their consent to the processing of personal data at any time, without affecting the lawfulness of processing based on consent before its withdrawal.

The Data Subject is entitled to withdraw their consent to the processing of personal data, either in whole or in part. Partial withdrawal of consent to the processing of personal data may concern a specific type of processing operation/processing operations, while the lawfulness of processing personal data in the remaining scope of processing operations remains unaffected. Partial withdrawal of consent to the processing of personal data may also concern a specific purpose or specific purposes of processing personal data, while the lawfulness of processing personal data for other purposes remains unaffected.

The right to withdraw consent to the processing of personal data can be exercised by the Data Subject in writing to the address of the Operator recorded as its registered office in the commercial register at the time of withdrawing consent to the processing of personal data or in electronic form through electronic means (by sending an email to the email address of the Operator specified in the identification of the Operator in this document).

XII. Information on the Data Subject's right to lodge a complaint with a supervisory authority:

12.1. The Data Subject has the right to lodge a complaint with a supervisory authority, particularly in the Member State of their habitual residence, place of work, or the place of the alleged infringement, if they consider that the processing of personal data relating to them is in breach of the Regulation, without prejudice to any other administrative or judicial remedy.

The Data Subject has the right to be informed by the supervisory authority to which the complaint has been lodged about the progress and outcome of the complaint, including the possibility of a judicial remedy under Article 78 of the Regulation.

12.2. The supervisory authority in the Slovak Republic is the Office for Personal Data Protection of the Slovak Republic, Hraničná 12, 820 07 Bratislava 27, Slovak Republic. Contact phone: +421 /2 3231 3214, Email: [email protected].

XIII. Information regarding automated decision-making, including profiling:

13.1. As the Operator does not engage in processing the personal data of the Data Subject through automated decision-making, including profiling, as mentioned in Article 22(1) and (4) of the Regulation, the Operator is not obliged to provide information according to Article 13(2)(f) of the Regulation, i.e., information about automated decision-making, including profiling, the used methodology, as well as the significance and potential consequences of such processing of personal data for the Data Subject. This provision does not apply.

XIV. Final provisions

14.1. These Principles and instructions on personal data protection and cookie policies form an integral part of the General Terms and Conditions and the Complaints Procedure. The documents - General Terms and Conditions and Complaints Procedure of this Website are published on the domain of the Seller's Website.

14.2. These Principles of personal data protection come into effect and become effective upon their publication on the Seller's Website on 07.06.2023.

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