We consider ensuring the right to personal data protection as a fundamental commitment of the brand, therefore we will dedicate all the necessary resources and efforts to process your data in full compliance with Regulation (EU) 2016/679 (“General Data Protection Regulation” or “GDPR”), as well as any other applicable legislation in Romania. As one of the key principles of this legal framework is transparency, we have prepared this document whereby we want to inform you about how we collect, use, transfer and protect your personal data when you interact with us in relation to our products and services, including through the website or through apps available on your mobile phone.

We reserve the right to periodically update and amend this Privacy Policy to reflect any changes in the way we process your personal data or any changes in legal requirements. In the event of any such changes, we will post the amended version of the Privacy Policy on our website, so please check the contents of this Privacy Policy periodically.

Who we are and how to contact us

MALCARA SRL is a legal entity of Romanian nationality, having its registered office in Str. Dupa Deal, Nr. 5, Tarnaveni, Jud. Mures, Romania. For the purposes of data protection legislation, we are an operator when we process your personal data.

As we are always open to hear your views, as well as to provide you with any additional information you may need regarding the processing of your data, we encourage you to contact us at contact@malcara.com or by post or courier at Str. Dupa Deal, Nr. 5, Tarnaveni, Jud. Mures, Romania.

What categories of personal data we process

We generally collect your personal data directly from you, so you have control over the type of information you give us. By way of example, we receive information from you as follows:

When you create an account on our website you provide us with: email address, name and surname;

Within your personal page (My Account) on our website, you can add additional information such as: photo, gender, nickname, mobile phone number, landline number, date of birth, education level, delivery addresses, alternative e-mail address, bank card details, etc.;

When placing an order, you provide us with information such as: the product you want, your first and last name, delivery address, billing details, payment method, phone number, bank card details etc.

We also offer you the possibility to register on our website platform through your Facebook or Google account. If you opt for one of these options, you will be directed to a page managed by Facebook Inc / Google LLC, where they will inform you about the transfer of your data to our website. You can consult the Facebook or Google privacy policies using the following links:

https://www.facebook.com/about/privacy

https://policies.google.com/privacy

We may also collect and further process certain information about your behaviour while visiting our website in order to personalise your online experience and provide you with offers tailored to your profile. You are invited to learn more about this by consulting the section on processing purposes below.

On our website we may store and collect information in cookies and similar technologies in accordance with our Cookie Policy.

Read more about cookies here.

We do not collect or otherwise process sensitive data, included by the General Data Protection Regulation in special categories of personal data. We also do not want to collect or process data of minors who have not reached the age of 16.

What are the purposes and grounds of the processing

We will use your personal data for the following purposes:

•   1. To provide our services for your benefit.

This general purpose may include, as appropriate, the following:

– Account creation and administration within our website platform;

– Order processing, including order picking, validation, dispatch and invoicing;

– Resolving cancellations or problems of any kind relating to an order, goods or services purchased;

– Returning products as required by law;

– Reimbursement of the value of the products in accordance with legal provisions;

– Providing support services, including providing answers to your questions about your order or the goods you have ordered.

The processing of your data for these purposes is in most cases necessary for the conclusion and performance of a contract between Malcara SRL and you. Also, certain processing subsumed by these purposes is required by applicable law, including tax and accounting legislation.

2. To improve our services

We always strive to give you the best online shopping experience. To do this, we may collect and use certain information about your shopping behaviour, invite you to complete satisfaction surveys following the completion of an order, or conduct market research and surveys directly or with partners.

We base these activities on our legitimate interest in conducting business, always taking care that your fundamental rights and freedoms are not affected.

3. For marketing

We want to keep you up to date with the best deals on the products you are interested in. To this end, we can send you any type of message (such as: email/SMS/phone/mobile push/webpush/etc. ) containing general and thematic information, information about products similar or complementary to the ones you have purchased, information about offers or promotions, information about products you have added to your “Account/My Account” or “Account/Favourites” section or have shown interest in purchasing, as well as other commercial communications such as market research and opinion polls, and we may display personalized recommendations on the website. In order to provide you with information of interest to you, we may use certain data about your shopping behaviour (products viewed/added to wishlist/purchased) to create a profile for you. We always ensure that these processing operations are carried out with respect for your rights and freedoms and that decisions taken on the basis of these operations do not have legal effects on you and do not affect you to a significant extent.

In most cases, we base our marketing communications on your prior consent. You can change and withdraw your consent at any time by:

– Changing your customer account settings in the “My Subscriptions” section;

– Accessing the unsubscribe link displayed within messages you receive from us; or – Contacting our company using the details described above.

In certain situations, we may base our marketing activities on our legitimate interest in promoting and developing our business. In any situation where we use information about you for our legitimate interest, we take care and take all necessary measures to ensure that your fundamental rights and freedoms are not affected. However, you can always ask us, by the means described above, to stop processing your personal data for marketing purposes and we will comply with your request.

4. To defend our legitimate interests

There may be situations where we use or transmit information to protect our rights and business. These may include:

– Measures to protect the website and users of its platform from cyber attacks:

– Measures to prevent and detect fraud attempts, including the transmission of information to the relevant public authorities;

– Measures to manage various other risks.

The general basis for these types of processing is our legitimate interest in safeguarding our commercial activity, it being understood that we ensure that any measures we take guarantee a balance between our interests and your fundamental rights and freedoms.

We also base our processing in certain cases on legal provisions such as the obligation to ensure the security of goods and values provided for by the applicable legislation in this matter.

How long we keep your personal data

As a general rule, we will store your personal data as long as you have an account on our website platform. You may at any time ask us to delete certain information or to close your account and we will comply with such requests, subject to retaining certain information even after account closure, where required by applicable law or our legitimate interests.

To whom we transmit your personal data

Where appropriate, we may transmit or provide access to certain of your personal data to the following categories of recipients:

– courier service providers;

– payment/banking service providers;

– marketing/telemarketing service providers;

– IT service providers;

– other companies with whom we can collaborate for offering our goods and services on the market.

Where we are legally obliged to do so or where necessary to protect a legitimate interest, we may also disclose certain personal data to public authorities

We ensure that access to your data by third parties who are private legal entities is carried out in accordance with the legal provisions on data protection and confidentiality of information, on the basis of contracts concluded with them.

To which countries we transfer your personal data

We currently store and process your personal data on the territory of Romania.

However, we may transfer some of your personal data to entities located in the European Union or outside the European Union, including to countries that are not recognised by the European Commission as having an adequate level of personal data protection.

We will always take steps to ensure that any international transfer of personal data is carefully managed in order to protect your rights and interests. Transfers to service providers and other third parties will always be protected by contractual commitments and, where appropriate, other safeguards such as standard contractual clauses issued by the European Commission or certification schemes such as the Privacy Shield for the protection of personal data transferred from within the EU to the United States of America.

You can contact us at any time, using the contact details set out above, to find out more information about the countries to which we transfer your data, and the safeguards we have put in place in relation to these transfers.

How we protect the security of your personal data

We are committed to ensuring the security of personal data by implementing appropriate technical and organisational measures in accordance with industry standards.

We transmit your personal data using state-of-the-art encryption algorithms and store it on secure servers, while ensuring data redundancy.

We use the services of the payment processor Skrill to make payments. All payment information is encrypted using HTTPS technology with TSL 1.2 encryption.

Despite the measures taken to protect your personal data, please be aware that the transmission of information over the Internet in general, or via other public networks, is not completely secure and there is a risk that data may be seen and used by unauthorised third parties. We cannot be responsible for such vulnerabilities of systems not under our control.

What rights do you have?

The General Data Protection Regulation gives you a number of rights in relation to your personal data. You can request access to your data, correct any mistakes in our files and/or object to the processing of your personal data. You may also exercise your right to complain to the competent supervisory authority or to take legal action. Where applicable, you may also benefit from the right to request the erasure of your personal data, the right to restrict the processing of your data and the right to data portability.

More information on each of these rights can be obtained by consulting the table below.

To exercise your rights, you can contact us using the contact details set out above. Please note the following if you wish to exercise these rights:

Identity.

We take the confidentiality of all records containing personal data seriously. For this reason, please send us your requests regarding such records using the e-mail address contact@malcara.com. Otherwise, we reserve the right to verify your identity by requesting additional information to confirm your identity.

Fees.

We will not charge you a fee to exercise any right in relation to your personal data, unless your request for access to information is unfounded, repetitive or excessive, in which case we will charge a reasonable amount in such circumstances.  We will inform you of any fees charged before we deal with your request.

Response time.

We aim to respond to any valid requests within a maximum of one month, unless this is particularly complicated or if you have made multiple requests, in which case we will respond within a maximum of two months. We will let you know if we need more than one month. We may ask you if you can tell us exactly what you would like to receive or what you are concerned about. This will help us to act more quickly and shorten the response time to your request.

Third Party Rights.

We must not comply with a request if it would adversely affect the rights and freedoms of other data subjects.

Entitled rights

Access:

You can ask us:

• to confirm whether we are processing your personal data;
• to provide you with a copy of this data;
• to provide you with other information about your personal data, such as what data we have, what we use it for, who we disclose it to, whether we transfer it abroad and how we protect it, how long we keep it, what rights you have, how you can make a complaint, where we obtained your data, to the extent that the information has not already been provided to you by this notice.

Rectification:

You can ask us to rectify or complete inaccurate or incomplete personal data.

We may attempt to verify the accuracy of the data before rectifying it.

Data deletion:

You can ask us to delete your personal data, but only if:

• they are no longer necessary for the purposes for which they were collected; or
• you have withdrawn your consent (if data processing was based on consent); or
• exercise a legal right to object; or
• they were processed illegally; or
• we have a legal obligation to do so.

We are not obliged to comply with your request to delete your personal data if the processing of your personal data is necessary:

• to comply with a legal obligation; or
• for establishing, exercising or defending a right in court.

There are certain other circumstances in which we are not obliged to comply with your request for deletion of data, although these are the two most likely circumstances in which we would refuse your request

Before exercising this right, you should download from your account on our website and save all the documents related to the orders you have placed, regardless of whether the invoicing was made to you or to another natural or legal person (such as: invoices, warranty certificates). If you do not take this step before exercising your right of deletion, you will lose all these documents and our company will be unable to make them available to you, if necessary, because the process of deletion of data, i.e. the account on our website, with all data and documents related to it, is an irreversible process. 

Restriction of data processing:

You can ask us to restrict the processing of your personal data, but only if:

• their accuracy is contested (see rectification section), to allow us to verify their accuracy; or
• the processing is illegal, but you do not want the data to be deleted; or
• they are no longer necessary for the purposes for which they were collected, but you need them to establish, exercise or defend a right in court; or
• you have exercised your right to object and checking whether our rights prevail is ongoing.

We may continue to use your personal data following a restriction request if:

– we have your consent; or

– to establish, exercise or ensure the defense of a right in court; or

– to protect the rights of our company or another natural or legal person.

Data Portability:

You may ask us to provide your personal data in a structured, commonly used and machine-readable format, or you may request that it be “ported” directly to another data controller, but in each case only if:

• the processing is based on your consent or the conclusion or performance of a contract with you; and
• processing is done by automatic means.

Opposition:

You may object at any time, for reasons relating to your particular situation, to the processing of your personal data on the basis of our legitimate interest, if you consider that your fundamental rights and freedoms prevail over this interest.

You may also object at any time to the processing of your data for direct marketing purposes (including profiling), without giving any reason, in which case we will stop such processing as soon as possible.

Automated decision making:

 You can ask not to be subject to a decision based solely on automatic processing, but only when that decision:

– produces legal effects concerning you; or

– affects you in another similar way and to a significant extent.

This right does not apply if the decision reached as a result of automated decision-making:

– is necessary for us to enter into or perform a contract with you;

– is authorised by law and there are adequate safeguards for your rights and freedoms; or

– is based on your explicit consent.

Complaints:

You have the right to lodge a complaint with the supervisory authority about the processing of your personal data. In Romania, the contact details of the data protection supervisory authority are as follows:

National Supervisory Authority for Personal Data Processing

B-dul G-ral. Gheorghe Magheru nr. 28-30, Sector 1, postal code 010336, Bucharest, Romania

Telephone: +40.318.059.211 or +40.318.059.212;

E-mail: anspdcp@dataprotection.ro

Without prejudice to your right to contact the supervisory authority at any time, please contact us in advance, and we promise to make every effort to resolve any issues amicably.   

We remind you that you can contact us at any time to submit your request by any of the following methods:

– by e-mail to: contact@malcara.com or

– by post or courier to the address: Str. Dupa Deal, Nr. 5, Tarnaveni, Jud. Mures, Romania