Protection of privacy and processing of personal data

The owner and provider of the domain wheelsy.art (the “Website”) is a company ENIGMA s.r.o., ID No.: 44 477 180, with its registered seat at Šrobárova 2678/29, Poprad, 058 01, Slovakia, registered in the Commercial Register maintained by the Municipal Court in Prešov, file 20967/P (“Wheelsy”).

Wheelsy is committed to protecting the privacy of the Website visitors and customers (the “Clients”) in accordance with all applicable laws and regulations, most notably 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) (the „GDPR“).

1. Purposes of the Processing

Wheelsy, as the controller, processes the Personal data of its Clients in the manner and in accordance with the principles set out herein. Wheelsy processes for the following purposes the following categories of Client’s personal data within the meaning of Article 4 par. 1 of the GDPR:

1. For the purpose of processing and completing an inquiry made by the Client, including payment, delivery of merchandise and communication with the Client:
   • Name and surname;
   • ID number (assigned to the Client by Wheelsy);
   • Email;
   • Phone number;
   • Address;
   • Other information the Client chooses to disclose to us when making the inquiry.
2. For the purpose of informing the Client (i.e. previous customers) about any relevant offers about new merchandises or services, marketing and promotion:
   • Name and surname;
   • Email;
   • Phone number;
   • Address.
3. For the purpose of allowing for the proper functionality and optimization of the Website (including monitoring, analysing, and improving the Website’s performance and functionality) and creating statistics and reports on the use of the Website:
   • Name and surname;
   • Email;
   • IP address;
   • Geolocation Information;
   • Cookies;
4. For the purpose of fulfilment of legal obligations, in particular, in the field of consumer rights protection and accounting and tax law:
   • Name and surname;
   • Email;
   • Phone number;
   • Address;
   • Information on the ordered merchandises or services;
5. For the purpose of distribution of the newsletter, commercial communication and information about new offers, personalisation of advertisement and remarketing, addressed to the protentional Clients:
   • Name and surname;
   • Email;
   • Address; and
   • IP address;

(the “Personal data”).

2. Standards of the Processing

Wheelsy hereby undertakes to process the Personal data in accordance with following standards:

1. When processing and preserving the Personal data, Wheelsy shall adhere to all applicable laws and regulations.
2. The Personal data of Clients shall always be used and processed only in the manner and for purposes about which the Clients were duly informed beforehand.
3. Wheelsy shall put in place all appropriate technical and organisational measures in order to protect the privacy of their Clients and to prevent any breaches of safety with regards to the processing of the Personal data.

3. Contact Details

The Clients shall always have the option to contact Wheelsy by simple means in order to exercise their rights pursuant to GDPR, either in writing on the address of Wheelsy registered seat at Šrobárova 2678/29, Poprad, 058 01, Slovakia, or by email on wheelsy@wheelsy.art.

4. Legal basis of the Processing

In cases of processing Personal data for the purpose of completing an inquiry made by the Client, including payment, delivery of merchandise and communication with the Client, the legal basis for the processing shall be Art. 6 par. 1 let. b) of the GDPR, as the processing is necessary for the performance of a contract, in order to take steps prior to entering into a contract, to offer merchandises or services in connection with the contract, for the purposes of invoicing, or in order to pursue any claims connected with the performance of the contract.

The Clients (i.e. previous customers) hereby acknowledge that if the contract in question shall be entered into, Wheelsy is entitled to process the Personal data pursuant to the Art. 6 par. 1 let. f) of the GDPR for the purposes of informing the Client (i.e. previous customers) about any relevant offers about new merchandises or services. The legitimate interest of Wheelsy shall in this case be the interest in direct marketing towards its current Clients.

Wheelsy processes Personal data on the same legal basis (Art. 6 par. 1 let. f) of the GDPR) also in cases of processing for the purpose of allowing for the proper functionality and optimization of the Website (including monitoring, analysing, and improving the Website’s performance and functionality) and creating statistics and reports on the use of the Website. The legitimate interest of Wheelsy shall in this case be the interest in proper functionality of the Website and the optimization of its services based on the analysis of statistical data, including measuring the efficiency of the Website.

In cases of processing Personal data for the purpose of managing our business needs, including execution of orders, including payment, delivery of merchandises and communication with the Client, the legal basis for the processing shall be Art. 6 par. 1 let. b) of the GDPR, as the processing is necessary for the performance of a contract, in order to take steps prior to entering into a contract, to offer merchandises or services in connection with the contract, for the purposes of invoicing, or in order to pursue any claims connected with the performance of the contract.

In cases of processing Personal data for the purpose of fulfilment of legal obligations, in particular, in the field of consumer rights protection and accounting and tax law, the legal basis for the processing shall be Art. 6 par. 1 let. c) of the GDPR, as the processing is necessary for compliance with a legal obligation to which the controller is subject.

In cases of processing Personal data for the purpose of distribution of the newsletter, commercial communication and information about new offers, personalisation of advertisement and remarketing, addressed to the protentional Clients, the legal basis for the processing shall be Art. 6 par. 1 let. a) of the GDPR, as the data subject has given consent to the processing of his or her personal data for such purposes.

5. Right to Object

In accordance with Article 21 of the GDPR, the Clients hereby acknowledge that they have the right to object at any time processing of Personal data:

1. concerning him or her which is based on point (e) or (f) of Article 6(1) of the GDPR; and
2. for direct marketing purposes.

6. Recipients of the Personal data

Wheelsy hereby informs the Clients that the Personal data shall be provided to the following recipients:

1. the employees of Wheelsy, who have been properly instructed in the area of protection of Personal data;
2. the provider of the email marketing platform Klaviyo, a company Klaviyo, having its registered seat at 225 Franklin St Boston, MA 02110, United States ;
3. e-Mersion Media (UK) Limited (Company number 11857059) having its seat at Sayers Butterworth LLP, 3rd Floor, 12 Gough Square, London, UK, EC4A 3DW
4. the providers of statistical and analytical tools used for the functionality of the Website as well as the optimization of Wheelsy services;
5. the providers of social media services as used by Wheelsy (Facebook.com)
6. the providers of tools used for remarketing and personalised advertisement;
7. the providers of payment gateway services;
8. the providers of delivery services;
9. the providers of marketing and PR optimization services;

7. Transfer of the Personal data outside of the EU

In order to make use of the Klaviyo marketing platform, the Controller intends to transfer the Personal data outside of the EU, to the USA. More information about the Klaviyo data protection you can find on https://www.klaviyo.com/privacy/dpa

Term of the Processing

Wheelsy retains the Personal Data in an identifiable format for the least amount of time necessary to fulfill its legal obligations and for its business purposes. Wheelsy may retain Personal Data for longer periods than required by law if it is in Wheelsy´s legitimate business interests and not prohibited by law.  

Wheelsy processes the Personal data for the duration of the contractual relationship between it and the respective Client. The Client hereby acknowledges that in certain circumstances the term of processing can be longer than the duration of the contractual relationship, especially in cases of pursuing any claims resulting from any breach of the respective contract. Wheelsy hereby undertakes that the term of processing of the Personal data will not exceed the statutory statute of limitations of 10 (ten) years.

In cases of processing based on the legitimate interests of Wheelsy, the Personal data shall be processed for the term appropriate regarding each specific legitimate interest. Wheelsy hereby stipulates that the term of processing shall never exceed 3 (three) years. For further information regarding the term of processing with regards to each specific legitimate interest, kindly contact us via our contact details listed above.

8. The Rights of the Clients

The Clients hereby acknowledge that they have following rights pursuant to the GDPR:

1. the right to request from Wheelsy the information regarding the processing of Personal data;
2. the right to request from Wheelsy the rectification of Personal data;
3. the right to request from Wheelsy the erasure of Personal data without any undue delay. Wheelsy has the duty to erase the Personal data in cases accounted for by the GDPR;
4. the right to request from Wheelsy the restriction of processing of Personal data in cases accounted for by the GDPR;
5. the right to request from Wheelsy the information concerning the provision of Personal data to any third parties;
6. the right to request from Wheelsy access to their Personal data;
7. the right to request from Wheelsy the Personal data in a structured, commonly used, machine-readable and interoperable format, and to transmit it to another controller in cases accounted for by the GDPR;
8. in cases of any doubts concerning the compliance with the obligations of Wheelsy regarding the processing of Personal data, the right to complain either with Wheelsy or with the Office for Personal data protection in the Slovak Republic – Úrad pre ochranu osobných údajov, Hraničná 12, Bratislava, https://dataprotection.gov.sk/uoou/

Wheelsy hereby informs the Clients that the processing does not involve automated decision-making, including profiling, referred to in Art. 22 of the GDPR.

The Client hereby undertakes to provide the Personal data to Wheelsy always in true and correct form and to inform Wheelsy about any changes in his/her Personal data without any undue delay.

9. Changes to the Privacy Policy

Wheelsy may revise this Privacy Policy from time to time to reflect changes to its business, the Website, services, or applicable laws. The revised Privacy Policy will be effective as of the published effective date. If the revised version includes a substantial change, Wheelsy will provide the Clients with 30 days prior notice by posting notice of the change on the Website. Wheelsy also may notify the Clients of the change using email or other means.

Cookies Policy

1. Purposes of the Processing Cookies
   Please note that the Website (wheelsy.art) uses Cookies.
2. What are Cookies
   A Cookie is a short text file that a visited web page sends to a browser. Cookies serve a variety of purposes. Cookies are used to analyse traffic, functionality, or marketing. Cookies are stored directly in the Client’s browser, Wheelsy cannot control them or pass them on to third parties.
   Analytics Cookies are utilized to analyse traffic and customize the Website views based on Wheelsy;s legitimate interest.
   By clicking the “I agree” or “I understand” button in the window at the bottom of the page, the Client has given us permission to utilize your cookies.
3. How to disable Cookies
   Cookies are stored in the Client’s browser, if the Client want to disable them for all sites, the Client can edit the Cookies settings set on his/her device, or delete them at any time.

Consent – Wheelsy

CONSENT TO THE PROCESSING OF PERSONAL DATA

1. Identification of Wheelsy s.r.o.
The owner and provider of the website wheelsy.art is a company ENIGMA s.r.o., ID No.: 44 477 180, with its registered seat at Šrobárova 2678/29, Poprad, 058 01, Slovakia, registered in the Commercial Register maintained by the Municipal Court in Prešov, file 20967/P („Wheelsy“), pursuant to Art. 13 and following 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 (hereinafter the „GDPR“), hereby informs you about the means and principles concerning the protection of your privacy and the processing of your Personal data for the purposes specified herein.

2. Your Consent
By opting in, you hereby grant to us your express, free and informed consent to process your Personal data for the purposes specified herein pursuant to the Art. 6 par. 1 let. a) and Art. 7 of the GDPR.

3. What Personal Data Does Controller Process?
Wheelsy as the controller of the personal data (hereinafter the “Controller”) processes for following categories of personal data within the meaning of Article 4 par. 1 of the GDPR:

• Name and surname;
• Phone number,
• Email;
• Address; and
• IP address;

(the “Personal data”).

4. For What Purposes?

Wheelsy processes the Personal data under the conditions and within the limits set by all applicable legislation and for following purposes:

• The distribution of Wheelsy newsletter;
• The distribution of other updates, commercial communication and information about Wheelsy new offers;
• The personalisation of advertisement and remarketing.

5. How Long Does Controller Process Personal Data?
Your Personal data shall be processed for the duration of 5 years from the grant of the consent (hereinafter the “Term of processing”), unless you withdraw the consent earlier. After the Term of processing has ended you shall be informed about the possibility of granting a new consent regarding further processing of your Personal data. Should you not be informed about this possibility, or shouldn’t the new consent be granted, the Controller shall see to the proper deletion of your Personal data.

6. Controller’s Contact Details

The Controller hereby informs you about his contact details:

• It is possible to contact the Controller in writing on the address of his registered seat;
• It is possible to contact the Controller in writing on the following email address wheelsy@wheelsy.art

7. Who is Controller Sharing Your Personal Data With?

The Controller hereby, pursuant to Art. 13 par. 1 let. e) of the GDPR, informs you that the Personal data shall be provided to the following recipients:

• The employees of the Controller, who have been properly instructed in the area of protection of Personal data;
• The provider of the email marketing platform Klaviyo, a company Klaviyo, having its registered seat at 225 Franklin St Boston, MA 02110, United States ;
• e-Mersion Media (UK) Limited (Company number 11857059) having its seat at Sayers Butterworth LLP, 3rd Floor, 12 Gough Square, London, UK, EC4A 3DW
• The providers of statistical and analytical tools as well as the optimization of the Controllers services;
• The providers of social media services as used by the Controller (Facebook.com);
• The providers of tools used for remarketing and personalised advertisement;
• The providers of marketing and PR optimization services;

In order to make use of the Klaviyo marketing platform, the Controller intends to transfer the Personal data outside of the EU, to USA. More information about the Klaviyo data protection you can find on https://www.klaviyo.com/privacy/dpa

Your Rights

You hereby acknowledge that as the data subject, you have following rights as follows from the provisions of the GDPR:

• The right to withdraw the consent granted at any time either in full or in relation to a specific purpose of processing (shall be done via clicking the “unsubscribe” link in the footer of the email received or via contacting the Controller via one of the abovementioned means);
• The right to request from the Controller information regarding the processing of Personal data;
• The right to request from the Controller the rectification of Personal data;
• The right to request from the Controller the erasure of Personal data without any undue delay. The Controller has the duty to erase the Personal data in cases accounted for by the GDPR;
• The right to request from the Controller the restriction of processing of Personal data in cases accounted for by the GDPR;
• The right to request from the Controller the information concerning the provision of Personal data to any third parties;
• The right to request from the Controller access to your Personal data;
• The right to request from the Controller the Personal data in a structured, commonly used, machine-readable and interoperable format, and to transmit it to another controller in cases accounted for by the GDPR;
• In cases of any doubts concerning the compliance with the obligations of the Controller regarding the processing of Personal data, the right to complain either with the Controller or with the Office for personal data protection in the Slovakia – Úrad pre ochranu osobných údajov, Hraničná 12, Bratislava, https://dataprotection.gov.sk/uoou/