Terms of personal data protection

PERSONAL DATA PROCESSING POLICY

We are B E M A T E C H, s.r.o., company ID: 49825445, with a registered office at Košíkov 76, 595 01 Velká Bíteš, registered at the Regional Court in Brno, section C, file 19075 (hereafter “We” or “Our Company”).

At the same time we are the Controller of your personal data responsible for its processing.

You may contact us via this contact information:

Email: info@artmood.eu

Telephone: (+420) 567 774 477

Address: Košíkov 76, 595 01 Velká Bíteš

This Personal Data Processing Policy (hereafter “Policy”) were created in compliance with the Regulation (EU) 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (hereafter “GDPR”) and they stipulate the manner, in which we process and protect your personal data.

What personal data do we process about you?

When we offer and provide our services, we come to contact with people and thus we come into contact with their personal data. In order to be able to provide you our services in high quality and professionally, we need to acquire some of your personal data. In order for you to be able to better understand the extent of processing of your personal data, but also the sense behind their processing, we divide this data into the following categories:

Identification and address data, i.e. data that allow us to identify you so that we can enter into an agreement on the provision of services or other similar agreement with you (hereafter “Agreement”) and so that we can provide our products or services to you without unreasonable legal and factual risks.

E.g. your name, surname, ID no., date of birth, delivery address, invoicing address, address of registered office, permanent residence address etc.

Data associated with the Agreement and its performance, i.e. data occurring in relation to performance of the Agreement.

E.g. date of Agreement, its term, date and reason for termination, order history, customer number, data necessary to duly perform the Agreement etc.

Electronic data, i.e. data occurring in relation to your visit to our website hereafter “Website”) and use of the on-line interface for our business partners on our Website (hereafter “B2B Interface”).

E.g. device IP/Mac address, cookies, device localization data, authentication certificates etc.

Contact information, e. information allowing us to establish contact and communicate with you.

e.g. e-mail address, telephone number, data mailbox ID etc.

In what manner do we acquire your personal data?

Your personal data can get to us in the following manner:

by your providing it to us within mutual communication over the telephone, by e-mail, mail, web-based contact form etc.,
by obtaining it from publicly accessible sources (e.g. public registers of persons, public records, professional networks),
by obtaining it in the course of fulfillment of our statutory duties,
by obtaining it within the frame of your visit to our Website or your use of our B2B Interface,
by obtaining it from third parties (typically from social networks such as Facebook, LinkedIn, Google+ etc.) based on your consent with logging in with login information to these social networks.

What are the purposes, legal grounds and the term of personal data processing?

In the charts below you may find the purposes and legal grounds (titles) for processing your personal data, and also for how long this data is stored with us.

The purpose of processing according to these Policy is understood as any activity which we perform while selling our products or providing our services and for which we need to work with your personal data (this concerns in particular concluding and performing the Agreement, fulfillment of our statutory obligations, sending newsletters etc.).

Legal grounds for processing according to this Policy is understood as one of the four below stated purposes pf statutory personal data processing in the sense of GDPR:

Legal grounds	Explanation	Example of processing
consent	We process your personal data if you grant us your consent to do so.	Sending of newsletters based on your provision of your e-mail address to us via the web-based form.
performance of Agreement	We process your personal data if it is necessary to perform the Agreement.	If we enter into the Agreement, we will process your identification data, address and contact information in order to be able to comply with our obligations and verify your compliance with yours.
compliance with legal obligations	We process your personal data if it is necessary to perform a legal obligation.	In order to comply with our statutory obligations, we need to keep tax documents for a period of 10 years. These documents may include e.g. your name, surname, address etc.
legitimate interest	We process your personal data, if our legitimate interest on its processing outweighs your rights and freedoms.	When you enter our Website, we process statistical data on your browsing.

Purpose no. 1 – ENTERING INTO AND PERFORMING THE AGREEMENT

We process your personal data in particular so that we can offer and sell our products and provide our services to you. The legal basis for the processing is performance of the Agreement. You have no obligation to provide your data to us for this purpose. However, without this data we would not be able to offer and sell our products or provide our services to you, resulting in the inability to enter into the Agreement.

Furthermore, we process your personal data when managing your inquiries, handling incentives or complaints. If you decide to use any social network for communication with us, you need to remember that processing of such provided personal data is also governed by the terms and conditions of such social networks, over which we have no control. Processing of personal data for this purpose is justified by our legitimate interest to communicate with our customers, or by your consent, depending on which Party initiates the communication. Provision of personal data in this case is not a statutory or contractual requirement. As such you are not obliged to provide your personal data to us for this purpose.

If you decide to publish a review, you do so voluntarily and we process your personal data based on your consent. You may withdraw your consent at any time. Provision of personal data in this case is not a statutory or contractual requirement. As such you are not obliged to provide your personal data to us for this purpose.

Component activities	Extent of processed data	Legal grounds	Term of processing
Negotiations on the conclusion, change or termination of the Agreement or performance thereof	· Identification and address data; · Data associated with the Agreement and performance thereof · Contact information	Performance of the Agreement	For the term of the contractual relationship
Communication, satisfaction evaluation, publishing reviews, handling incentives and complaints	· Identification and address data; · Data associated with the Agreement and performance thereof; · Contact information	Legitimate interest	For a period of 5 years after termination of our contractual relationships, or for a period of 5 years after obtaining the personal data
		Consent	Until your consent is withdrawn

Purpose no. 2 – COMPLIANCE WITH STATUTORY OBLIGATIONS

We process some of your personal data also in order to comply with our statutory obligations, in particular tax and accounting obligations. Processing of the personal data for this purpose is justified by compliance with statutory obligations. We are obliged to process this information about you.

Component activities

Extent of processed data

Legal grounds

Term of processing

Compliance with statutory obligations in tax and accounting area

· Identification and address data;

· Contact information

(in particular data mandatorily stated on accounting and tax documents)

Compliance with legal obligations in accounting and tax area, in particular according to the Act no. 235/2004 Coll., on Value Added Tax, and the Act no. 563/1991 Coll., on Accounting.

For the period stipulated by the applicable laws, in particular the Act no. 235/2004 Coll., on Value Added Tax, and the Act no. 563/1991 Coll., on Accounting.

Accounting data is processed for a period of 5 years, tax documents for a period of 10 years.

Purpose no. 3 – SENDING OF BUSINESS NOTIFICATIONS

We process some of your personal data (in particular e-mail address or telephone number) also in order to send you business notifications (newsletters and offers of our services). We send business notifications to our customers based on our legitimate interest or to those persons who granted their consent therewith (e.g. via the web-based form).

The personal data processing for the purpose of sending business notifications is justified by your consent, or as the case may be, our legitimate interest on direct marketing, provided that you are our customer. Provision of personal data based on your consent is voluntary in this case, however, without it we would not be able to send you business notifications. You may withdraw your consent at any time. You may also object against sending the notifications based on our legitimate interest. If you let us know that you no longer wish to receive business notifications, we will immediately stop sending them. For this purpose please use the contact information above.

Provision of personal data in this case is not a statutory or contractual requirement. As such you are not obliged to provide your personal data to us for this purpose.

Component activities

Extent of processed data

Legal grounds

Term of processing

Sending of business notifications

· Identification and address data;

· Contact information (i particular e-mail address and telephone number)

Legitimate interest consisting in sending of advertising notifications to our customers according to the Act 480/2004 Coll., on Certain Information Society Services

Until the moment you notify us that you no longer wish to receive business offers, however no longer than 5 years from the moment you stop being our customer.

Consent

Until the moment you notify us you no longer wish to receive business offers, or until you withdraw you consent with processing your personal data and sending of business notifications

Purpose no. 4 – PROTECTION OF OUR RIGHTS

After termination of our contractual relationship, we continue to store your data for a reasonable period of time implied by the statutory period of limitation in order to protect our rights, property or security or the , rights property or security of other persons. Processing of your personal data for this purpose is justified by our legitimate interest to protect our rights, property or security of other persons.

Provision of personal data in this case is not a statutory or contractual requirement. As such you are not obliged to provide us your personal data for this purpose, nevertheless, we process your personal data for this purpose in situations where you have already provided your personal data to us.

Component activities

Extent of processed data

Legal grounds

Term of processing

Protection of our rights

· Identification and address data;

· Data associated with the Agreement and its performance;

· Contact information

Legitimate interest

For a period of 5 years after termination of our contractual relationships, or for a period of 5 years after obtaining the personal data

Purpose no. 5 – MANAGEMENT OF CUSTOMER ACCOUNTS AND B2B INTERFACE

Certain of our Websites allow you to register and by doing so create a customer account, through which you can use in particular the B2B Interface. For this purpose we need to process your name, surname and e-mail address. This data then serves for simpler ordering of our products and services and also for the provision of customer benefits.

Processing of your personal data for this purpose is justified by your consent. Provision of personal data based on your consent is voluntary in this case, however, without it it would be impossible to create a customer account and use in particular the B2B Interface. You may withdraw your consent and delete your account at any time. If you let us know that you no longer wish to be registered, we will immediately cancel your account. For this purpose please use the contact information above. However, you may cancel your account yourselves in the Platform.

Provision of personal data in this case is not a statutory or contractual requirement. As such you are not obliged to provide your personal data to us for this purpose.

Component activities

Extent of processed data

Legal grounds

Term of processing

Management of customer account and B2B Interface

· Identification and address data;

· Contact information;

· Electronic data

Consent

For a period of 5 years after termination of our contractual relationships, or for a period of 5 years after obtaining the personal data

Purpose no. 6 – DIRECT MARKETING AND OUR PROMOTION

The technology of creation of personalized content and advertisements allows us to display our advertisements on partner websites to visitors, who have shown interest in our Website, products or services. We strive to only display advertisements that really interests you and not advertisements without any relationship to you or your interests. Based on the history of your orders, interests and behavior on websites, personalized content and offers may be displayed to you on our Website and on third party websites and applications (including social networks). This is allowed in particular by cookies. You can read more about the management of your preferences regarding processing of cookies in the Information on Cookies processing.

For the purposes of direct marketing and creation of personalized content and advertisements we also process e-mail addresses and telephone numbers, however, always on the basis of your previous consent only. You may withdraw an already granted consent at any time via your account or via the contact information stated above.

Processing of personal data for the purpose of direct marketing and creation of personalized content and advertisements is justified by your consent, or as the case may be, our legitimate interest on direct marketing. Provision of personal data based on your consent is voluntary in this case, however, without it we would not be able to provide personalized content and advertisements to you. You may withdraw your consent at any time. Provision of personal data in this case is not a statutory or contractual requirement. As such you are not obliged to provide your personal data to us for this purpose.

Component activities	Extent of processed data	Legal grounds	Term of processing
Direct marketing on social networks	· Electronic data (e-mail addresses and telephone numbers)	Consent	For a period of 5 years after termination of our contractual relationships, or for a period of 5 years after obtaining the personal data

Purpose no. 7 – VISIT OF OUR WEBSITE AND USING THE B2B INTERFACE

When you visit our website and use the B2B Interface, we automatically process personal data about you based on so called cookie files. You can find more information about what cookies are, what cookies do we use and for what purpose, in the Information on Cookies Processing.

Purpose no. 8 – OPERATION OF CUSTOMER CONTESTS AND DELIVERY OF PRIZES

From time to time we can make a customer contest on our Website and according to the parameters of the contest we may process your personal data. This typically includes your e-mail address, name, surname and delivery address.

Processing of personal data for the purpose of operating customer contests and delivery of prizes is justified by your consent. Provision of personal data is voluntary in this case, however without it it would not be possible to participate in the customer contest. You may withdraw your consent at any time, however it will generally mean your elimination from the contest.

Component activities

Extent of processed data

Legal grounds

Term of processing

Operation of customer contest and delivery of prizes

· Identification and address data;

· Contact information

Consent

For the duration of the customer contest

Who do we make your personal data accessible to?

In order to ensure the security of your personal data and also to be able to offer and sell our products and provide our services to you, there are the following groups of recipients and processors helping us with personal data processing:

Recipients	Reasons for access
Accounting and tax advisors, legal services providers, attorneys or notaries	We entrust things that we do not understand to professionals. As such we hand over your personal data in the necessary extent for processing to accounting and tax advisors, auditors, legal services providers, attorneys or notaries. In the vast majority of cases this concerns only data contained on accounting and tax documents.
Entities securing the operation of the Website and B2B Interface	In order to be able to offer and sell our products and provide our services on the top level, we need to cooperate with a number of providers of information and communication services (e.g. IT services and hosting providers, including cloud storage, providers of security and integrity of our services and Website, providers of invoicing and accounting systems).
Entities securing marketing and graphic services, organization of social events.	Marketing agencies, marketing specialists or graphic designers can help us with preparation and realization of marketing campaigns.
Entities securing sending of business offers	We may authorize third parties to send out business offers, to which we provide your personal data for this purpose in the extent of personal data which we process about you for the purpose of sending business offers (typically e-mail address or telephone number).
Entities securing payment services (operators of payment gateways, banks etc.)	In order to enable due realization of payment transactions we need to hand over personal data to entities securing the payment transactions.
Public authorities (courts, public prosecutor’s offices, public administration authorities and self-government authorities, Police of the Czech Republic etc.)	We make your personal data accessible to public administration authorities in cases where we are obliged to do so based on the Agreement (typically in case of filing a lawsuit, petition, incentive etc.) or if required by the law. Making this personal data accessible to these entities does not occur regularly, but only in random cases.
Social network operators	Based on the history of your orders, interests and behavior on the Website, personalized content and offers may be displayed to you on social networks. This is allowed in particular by cookies, which are used by so called widgets inserted on our Website. You can read more about the management of your preferences regarding processing of cookies in the document Information on Cookies Processing.

Is your personal data transferred also outside the EU?

Personal data that we collect about you is stored and processed within the European Economic Area (i.e. in the EU Member States, Iceland, Lichtenstein and Norway).

However, if we transfer your personal data for processing to a third country (outside the European Economic Area, a part of which are also states outside the EU – Iceland, Lichtenstein and Norway) or to an international organization, we do so only under the assumption that the European Commission has decided that such third country or international organization provides an adequate level of protection, or if the recipient provides suitable guarantees of its protection and if there are enforceable rights and effective legal protection available to the data subjects in the destination country.

In what manner is your personal data being processed?

Personal data is processed both manually and automatically. We keep due records about all processing activities in compliance with the applicable legislation.

What are your rights as data subjects?

Contact us with realization of your rights at our contact information stated in the introduction of this Policy. We reserve the right to verify the identity of the person asserting such rights in a suitable manner. In case of repeated requests or clearly unfounded or unreasonable requests we may charge a reasonable fee or refuse to execute the request.

Right to access to personal data

If you want to know whether we process your personal data, you have the right to obtain information from us about whether your personal data is being processed, and if so, you have the right to access your personal data. In case of repeated requests, we are entitled to charge a reasonable fee for a copy of the provided personal data based on the incurred administrative costs.

Right to rectification of inaccurate personal data and completion of incomplete personal data

If you believe that we process inaccurate or untrue data about you, you have the right to request rectification thereof. You also have the right to completion of incomplete data. We will perform the rectification or completion without undue delay, however in each case according to our technical possibilities and available time.

Right to erasure

You have the right to request erasure of personal data that we process about you in the following cases:

your personal data is no longer necessary for the purpose, for which it was collected or processed;
we process your personal data contrary to the law;
you have withdrawn your consent, on the basis of which the processing of your personal data was performed, and we have no other authorization (legal grounds) to process this data any further;
you raise an objection against the processing of your personal data in case your personal data is being processed for marketing purposes (e.g. sending newsletters);
you raise an objection against the processing of your personal data which we process based on our legitimate interest, and if we are unable to prove that our legitimate interest outweighs your right to erasure;
there is a statutory reason that requires erasure of this persona data;
we process personal data of a child without the consent of parents with such processing.

Right to restriction of personal data processing

In case you are not interested in complete erasure of, but only in temporary restriction of processing of your personal data, you can request us to restrict the processing of your personal data.

Right to personal data portability

In case you want us to transfer your personal data to a third party, you may exercise your right to data portability. However, in case exercising of this right could have adverse effects on the rights and freedoms of third parties, we would be unable to grant your request.

Right to object

You have the right to object at any time against the processing of personal data, which is being processed in order to complete a task performed in public interest or when exercising public authority or for the purpose of our legitimate interests. In case we are unable to prove that there are serious legitimate grounds for the processing that outweigh your interests or rights and freedoms, we will terminate the processing on the basis of your objection without undue delay.

Right to withdraw consent at any time

If the processing of your personal data is based on your consent, you have the right to withdraw your consent at any time.

As far as processing of your personal data for the purpose of sending business notifications is concerned, you may withdraw your consent with processing personal data and sending of business notifications simply by replying “No” to the e-mail or by expressing your disagreement in your reply in any other way, or by clicking the relevant ling, if it is provided at the end of the business notification.

Right to information on automated decision-making, including profiling

You are not a subject to any decision making based exclusively on automated processing, including profiling, that may have legal effects or any other significant impact on you.

Right to file a complaint with the Office for Personal Data Protection

You may also file a complaint at any time with the supervisory authority, which is the Office for Personal Data Protection, with a registered office at Pplk. Sochora 27, 170 00 Prague 7, tel.: 234 665 111. Complaints may be filed via the contact information stated here.

Is personal data concerning children also being processed?

Our products, services or Website are not primarily designated for persons under the age of 16. As such we do not intentionally collect their personal data. If we provide our products or services to a person under the age of 16, we request the consent of the person exercising parental responsibility for the child. If we find that we have accidentally collected personal data of a person under the age of 16 without the relevant consent, we will take steps towards erasing this data as soon as possible, with the exception of cases, where the applicable law obliges us to keep it.

What legislation regulates personal data processing and protection of privacy?

Personal data protection in the Czech Republic is governed in particular by the following legislation:

Conclusion

Legislation as well as our business strategy and the associated manner of processing of your personal data may change. If we decide to update this Policy, we will publish the changes on our Website and we will notify you about these changes. In cases where any more significant change of this Policy is to take place, or in case we are required to do so by the law, we will notify you in advance.

We would like to ask you to carefully read this Policy and to review it regularly when you communicate with us in the future or use the Website.

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