Privacy policy

The purpose of the privacy policy is to inform buyers, potential buyers or visitors of the websites owned by SWY Brand d.o.o. about the purposes and basis of personal data processing by SWY Brand, online sales d.o.o. Sermin 75b, 6000 Koper, Slovenia (hereinafter: SWY Brand/provider).

At SWY Brand, we value your privacy, so we make sure to protect your data carefully.

This privacy policy may be changed or amended at any time without prior warning or notice. By using the provider’s website after a change or amendment, the individual confirms that he agrees with the changes and amendments.

By using the website, the user confirms that he accepts and agrees with the entire content of this privacy policy, unless additional forms of consent are required for individual cases.

Our activities are in accordance with European legislation (Regulation (EU) 2016/697 on the protection of individuals in the processing of personal data and on the flow of such data (General Data Protection Regulation or GDPR) and the conventions of the Council of Europe (ETS No. 108, ETS No. 181, ETS No. 185, ETS No. 189)) and the national legislation of the Republic of Slovenia (Act on Protection of Personal Data (ZVOP-1, Official Journal of the Republic of Slovenia, No. 94/07), Act on Electronic Business on the Market (ZEPT , Official Gazette of the RS, No. 96/09 and 19/15) etc.).

As we are aware that your privacy and familiarity with the processes of processing your personal data means a lot to you, we also invite you to read more about the individual segments of personal data protection in the guidelines of the Information Commissioner, who acts in the territory of the Republic of Slovenia as the competent state authority for the control of legal of the personal data protection framework.

PERSONAL DATA

Personal data is information that identifies you as an individual: your name, surname, email or regular address, etc.

For business purposes, SWY Brand collects the following user data:

name and surname,
address and place of residence,
email address,
contact phone number,
and other data that you enter on the relevant forms on the website.

By registering and/or by placing an order on the website, you expressly agree that SWY Brand can use the obtained personal data (name and surname, residential address, email address and any other data that you have provided to the provider for the purpose of fulfilling the contract – orders are voluntarily provided by the buyer ), except for the purposes of negotiations for the conclusion of a contract or for the fulfillment of a contract – order (as specified in Article 10 of the current Act on the Protection of Personal Data), is also used for the purposes of direct marketing through all advertising channels used by the provider (notification by telephone and SMS, printed media, unaddressed and addressed direct mail, e-mail, etc.), and for the needs of direct marketing related statistical and market analysis, marketing profiling and segmentation. In this way, we will ensure that you are properly informed about our current offers at all times, and at the same time you will only be informed about product offers that best suit your wishes.

As a buyer, you must also explicitly give your consent to direct marketing via e-mail to Swy Brand when you register and/or place an order on the website with the “Sign up for e-news” option. Otherwise, the buyer will not receive direct marketing via e-mail, nor will he be adequately informed in advance about the provider’s online promotions.

You can  revoke your consent to direct marketing via e-mail:

by sending a return e-mail, in response to a specific e-mail received from the provider each time direct marketing is carried out, and/or;
by filling out the online form, the link to which is provided in every e-mail received from the provider when direct marketing is carried out. Each email will include the possibility for you to revoke your consent from direct marketing via e-mail within 15 days, consistently arranged the revocation of consent for the purpose of direct marketing through the relevant or all advertising channels and informed you of this in writing or in another agreed way within a further five days. You do not incur any costs. The provider also guarantees you all other rights in accordance with the applicable legislation, which is defined below. The provider does not collect or process your personal data, except when you allow it or you agree to this, i.e. when ordering products or services, when you subscribe to receive an e-newsletter, participate in a prize draw, etc., or when there is a legal basis for the collection of personal data or the provider has a legitimate interest in the processing.

The provider collects and processes your personal data on the following legal bases:

law and contractual relations,
consent of the individual,
legitimate interest. PROCESSING ON THE BASIS OF LAW AND CONTRACTUAL RELATIONS in the event that the provision of personal data is a contractual obligation, an obligation necessary for the conclusion and implementation of a contract with the provider, or a legal obligation, you must provide personal data; if you do not provide personal data, you cannot conclude a contract with the provider, nor can the provider provide you with services or deliver products under the contract, as it does not have the necessary data to perform the contract. Concluded with the provider, including the provider’s fulfillment of your orders (delivery of products and provision of services), communication with you, verification of your payments and fulfillment of other obligations of the provider and/or your obligations (the provider’s legal interest in processing your personal data, point (f) of the article 6 (1) GDPR). Directly informing customers about special offers, discounts and other content via e-mail or SMS In the company SWY Brand d.o.o. on the basis of the ZEKom-1 Act (Act on Electronic Communications of the Republic of Slovenia, implemented on the basis of Directive 2002/58/EC of the European Parliament and of the Council of July 12, 2002), we inform our customers about our products, services and content. The buyer can request the termination of this type of communication and processing of personal data at any time. The buyer can terminate this type of communication at any time via the unsubscribe link in the received messages, or by sending a written request to the e-mail address [email protected]

PROCESSING ON THE BASE OF LEGITIMATE INTEREST The provider may also process data on the basis of a legitimate interest, for which the provider strives, except when such interests are overridden by the interests or fundamental rights and freedoms of the individual to whom the personal data refer, which require the protection of personal data. In the case of using a legitimate interest, the provider always performs an assessment in accordance with the General Data Protection Regulation.

PURPOSE OF PROCESSING

A more detailed explanation.

General statistical processing of data on customers and their orders and potential customers (contacts) for the purposes of internal sales analysis, repeat purchases, aggregate customer behavior, advertising optimization and business optimization

At SWY Brand d.o.o., we carry out general statistical processing of data on customers and their orders and potential customers (contacts), on the basis of which we perform internal analyses of sales, repeat purchases and aggregate customer behavior and monitor and optimize our business efficiency and optimize our advertising, e.g. :

we monitor sales through our sales channels (internet),

we monitor how many customers make repeat purchases, how quickly and at what cost,

we monitor general statistical sales data, such as the average value of the basket, the number of products in the order,

we monitor responses to e-mails, SMS messages, phone calls and various advertising messages (online ads) and based on this we optimize our advertising (we decide what, where, to whom and how to advertise). This type of statistical monitoring enables us to generally optimize business and advertising and based on this, also offer affordable products and services to users. Access to your past orders and other data to employees of SWY Brand in order to offer better service and better offers When you call SWY Brand (or our outgoing call to you) or in the event of your visit (if and when you identify yourself) our sales and support consultants have access to your recorded personal data and purchase history, on the basis of which they can offer you a better service and more personalized offers. If you do not want this, you can stop this type of data processing at any time or with a written request to the email address [email protected] Processing of data about non-trans of remote orders with the aim of preventing fraud In SWY Brand.o.o. on the basis of our legitimate interest, we process data on sent and uncollected remote orders, thereby determining whether and which customers are disproportionately ordering products remotely with payment upon collection and then do not collect these products, which causes us business damage that we want to prevent.

When we identify such customers, we disable them from ordering products with payment upon collection in the online store, but they are still able  to order products with other payment methods.

At SWY Brand, on the basis of our legitimate interest, we occasionally send email messages related to their unfinished purchase to potential buyers who have added selected products to their shopping basket but have not completed the purchase, with the aim of attempting to complete the purchase or offering help and information in this regard .

If you do not want this, you can stop this type of data processing at any time or by sending a written request to the email address [email protected]

Basic personalized communication (via email, SMS, phone calls, mail, browser notifications, website information, social networks) with personalized discounts, offers and content

As part of basic personalized communication (via email, SMS, phone calls, mail, browser notifications, information on the website, social networks), we try to present you with relevant offers, discounts and other content that might be of interest to you based on your past interactions with us.

For this we use your following data :

demographic data (gender, age, address),
your purchase history (purchased products, time of purchase, number of purchases),
easy handling of behavior on SWY Brand websites (viewing individual products or content that may trigger the sending of personalized messages), without using this data to create user profiles,
your responses (opening a message, clicking on a link, making a purchase) to the various messages we send you.

We do not use any semi-automatic or automatic profiling, but simply select appropriate sets of recipients for individual messages. In doing so, we never focus on individual data, but perform aggregate processing of larger groups.

Based on this data, it can then depend on which messages you will receive from us:

which products and content will be presented to you so that they are maximally interesting for you,
what kind of offers you will receive (customers with a greater number or frequency of purchases at SWY Brand get better offers),
how often we will send you messages and through which communication channels. The buyer can terminate this type of communication at any time via the unsubscribe link in the received messages, or by sending a written request to the email address [email protected] The use of the Facebook advertising tool Facebook Custom Audiences audience”) At SWY Brand, based on our legitimate interest in online advertising, we also use the Facebook Custom Audiences service (“Facebook customized audiences”), either as part of the implementation of basic customized communication based on our legitimate interest or as part of the obtained consent for communication with customized offers and content based on the user’s profile.

This service works as follows:

we upload your email address, which we obtained from you during your purchase or your voluntary input, to Facebook, facebook performs a comparison between your email address and its user base and determines whether you are a Facebook user,
if you are not a Facebook user, then nothing happens with your email address and Facebook does not perform any activities with it, however, if you are a Facebook user, Facebook will add you to a newly created list of personalized audiences that will only and specifically allow us to display personalized ads to this group of users on Facebook, on the basis of this, we can show you more targeted and customized ads on Facebook and, above all, additional discounts. ) your personal data also for the following purposes, when you give your consent:

• ensuring that you access and use your online account with the provider and the provider’s online store and for technical reasons of administration on the provider’s website,
• ensuring that you can access specific information available to you on the provider’s website and on your online account/profile provided by the provider, preparing and sending a personalized e-newsletter, if you have subscribed to it, sending commercial offers and other content via e-mail, SMS messages, regular mail or phone calls and social networks (Facebook, Instagram) when there is no other basis for this and you have agreed to it,
  all other purposes for which you specifically agree when cooperating with the provider.

CONTRACTUAL PROCESSING OF PERSONAL DATA

As an individual, you are aware and agree that the provider may entrust individual tasks related to your data to other persons (contractual processors). Contract processors can process confidential data exclusively on behalf of the provider, within the limits of the provider’s authorization (in a written contract or other legal act) and in accordance with the purposes defined in this privacy policy. Contract processors with which the provider cooperates are:

Accounting Service; law firms and other providers of legal advice, data processing and analytics providers, maintainers of IT systems, email providers, payment system providers, providers of customer relationship management systems, online advertising solution providers. The provider will not forward your personal data to unauthorised third parties. Contract processors may only process personal data within the framework of the controller’s instructions and may not use personal data to pursue any personal interests. The controller and users do not export personal data to third countries.

STORAGE OF PERSONAL DATA

The provider will keep your personal data only as long as it is necessary to fulfill the purpose for which the personal data was collected and further processed. The personal data that the provider processes on the basis of of the law, the provider stores for the period prescribed by law. The personal data that the provider processes for the purpose of performing a contractual relationship with an individual, the provider keeps for the period necessary for the execution of the contract and for 5 years after its termination, except in cases where a dispute arises between you and the provider in relation to the contract; in such a case, the provider keeps the data for 5 years after the finality of the court or arbitration decision or settlement or, if there was no legal dispute, 5 years from the date of peaceful resolution of the dispute.

The personal data that the provider processes on the basis of the individual’s personal consent or legitimate interest, the provider keeps permanently, until this consent is revoked by the individual or requests to stop processing. The provider deletes such data before cancellation only when the purpose of personal data processing has already been achieved or if the law so stipulates.

After the retention period has expired, the controller effectively and permanently deletes the personal data so that they can no longer be linked to a specific individual.

FREEDOM OF CHOICE

You control the information you provide about yourself. If you decide not to pass on your data to the provider, then you will not be able to access some places or functions on the website. Individuals who wish to unsubscribe from e-newsletters should notify us at [email protected] If your personal data changes (postal code, e-mail address, physical address, telephone number), please notify us of the changes at the e-mail address [email protected]

COOKIES

Cookies are invisible files that are temporarily stored on your hard drive and allow the provider to recognize your computer the next time you visit the website. The provider uses cookies only to collect information concerning the use of the website and to optimize its internet advertising activities.

Advertising cookies monitor the individual’s use of the provider’s website, unless the individual does not agree to the use of cookies on the page.

SECURITY

All provided information is protected against intrusion by third parties, which guarantees you worry-free and uninterrupted business with the provider. Protecting the personal data of our users is an important concern of our company. The privacy policy deals with the handling of information that the provider gets about you when you visit and use our website, or when you perform other activities on the website (registration and/or product purchase). The provider makes great efforts to ensure the security of personal data. Your information is protected against loss, destruction, falsification, manipulation and unauthorized access or disclosure at all times. The protection provider provides various measures and information mechanisms that ensure the smooth operation of the website and the security of data transmission on it.

MINORS

The provider strongly recommends all parents and guardians to teach their children and dependents safe and responsible handling of personal data on the Internet. Minors should not transmit any personal information to websites without the permission of their parents or guardians. The provider will never knowingly collect personal data from persons known to be minors.

RIGHTS OF THE INDIVIDUAL REGARDING DATA PROCESSING

You have a number of rights in relation to your personal data. These include the right to access, review and restriction of processing, transfer, objection and appeal.

The right to be informed: the right to find out what data we collect about you, for what purposes and for how long, where we obtain your personal data, who we pass it on to, who else processes it besides us and what your other rights are in connection with the processing of your personal data. You can read all this in the “Privacy Policy” section, if you have any questions, you can write to us at [email protected]

The right to withdraw consent: if you, as an individual, have consented to the processing of your personal data (for one or more specified purposes), you have the right to withdraw this consent at any time, without affecting the lawfulness of data processing based on consent performed until its cancellation. Consent can be revoked by a written statement sent to [email protected] Revocation of consent to the processing of personal data does not have any negative consequences or sanctions for the individual. However, it is possible that the controller may no longer be able to provide one or more of its services to an individual after the withdrawal of consent to the processing of personal data, if these are services that cannot be provided without personal data.

The right of access to personal data: as an individual, you have the right to receive confirmation from the provider (personal data controller) as to whether personal data is being processed in relation to you and, if this is the case, access to personal data

data and certain information (about the purposes of processing, about types of personal data, about users, about retention periods or criteria for determining periods, about the existence of the right to correct or delete data, the right to limit and object to processing and the right to appeal to a supervisory authority, about the source of the data, if the data was not collected from you, about the existence of automated decision-making, including the creation of profiles, the reasons for it and the meaning and consequences of such processing for you, and other information in accordance with Article 15 GDPR).

Right to rectification of personal data: as an individual, you have the right to have the provider correct inaccurate personal data relating to you without undue delay. As an individual, taking into account the purposes of the processing, you have the right to complete incomplete data, including submitting a supplementary statement.

The right to erasure of personal data: as an individual, you have the right to have the provider delete personal data relating to you without undue delay, and the provider must delete the data without undue delay when one of the following reasons exists: the data is no longer necessary for the purposes for which were collected or otherwise processed; if you withdraw your consent and there is no other legal basis for the processing; if you object to the processing and there are no overriding legal grounds for the processing; the data was processed illegally; the data must be deleted to comply with legal obligations under EU law or the law of the Member State applicable to the provider; the data was collected in relation to information society service offers.

However, as an individual, in certain cases described in paragraph 3 of Article 17 of the GDPR, you do not have the right to delete data.

Right to restriction of processing: as an individual, you have the right to have the provider restrict processing when one of the following cases exists: if you dispute the accuracy of the data for a period that allows the provider to verify the accuracy of the data; the processing is illegal and you object to the deletion of the data and instead request a limitation of its use; the provider no longer needs the data for processing purposes, but you need them to assert, implement and defend legal claims; you have objected to the processing until it is verified whether the provider’s legitimate reasons prevail over your reasons.

Right to data portability: as an individual, you have the right to receive the personal data relating to you that you have provided to the provider in a structured, commonly used and machine-readable format, and you have the right to transmit this data to another controller without being the provider to whom the personal data was provided obstructed, namely when: the processing is based on consent or on a contract and the processing is carried out by automated means.

As an individual, when exercising the aforementioned right to portability, you have the right to have your personal data directly transferred from one controller (provider) to another, when this is technically feasible.

The right to object to processing: as an individual, based on reasons related to your particular situation, you have the right to object at any time to the processing of personal data, which is necessary for the performance of tasks in the public interest or in the exercise of public authority assigned to the provider (point (e) of the article 6 (1) GDPR) or is necessary due to the legitimate interests pursued by the provider or a third party (point (f) of Article 6 (1) GDPR), including the creation of profiles based on the said processing; the provider ceases to process personal data, unless it demonstrates imperative legitimate reasons for processing that override your interests, rights and freedoms, or for the establishment, exercise or defense of legal claims. Where personal data is processed for marketing purposes, the individual has the right to object at any time to the processing of data relating to him for the purposes of such marketing, including profiling, insofar as it is related to such direct marketing; when an individual objects to processing for direct marketing purposes, the data is no longer processed for these purposes. When data is processed for scientific or historical research purposes or statistical purposes, the individual has the right to object to the processing of data concerning him for reasons related to his special situation, unless the processing is necessary for the performance of the task being carried out for reasons of public interest.

The right to lodge a complaint with a supervisory authority: without prejudice to any other (administrative or other) legal remedy, you as an individual have the right to lodge a complaint with a supervisory authority, in particular in the country of your habitual residence, your place of work or in where the violation allegedly occurred (in Slovenia, this is the Information Commissioner), if you believe that the processing of personal data concerning you violates regulations on the protection of personal data.

Without prejudice to any other (administrative or extrajudicial) means, you as an individual have the right to an effective legal remedy, namely against the legally binding decision of the supervisory authority in relation to it, as well as in the case when the supervisory authority does not consider your complaint or you are does not inform about the status of the case or about the decision on the appeal within three months. Courts of the Member State in which the supervisory authority has its seat are competent for proceedings against the supervisory authority.

An individual can address all requests regarding the exercise of rights in relation to personal data in writing to the controller, namely at [email protected]

For the purposes of reliable identification in the case of exercising rights in relation to personal data, the controller may request additional information from the individual

data, and can only refuse to take action if it proves that it cannot reliably identify the individual. The controller must respond to the individual’s request, with which he/she is exercising his/her rights in relation to personal data, without undue delay and no later than one month after receiving the request.

In the event of a violation of the protection of personal data, the provider is obliged to notify the competent supervisory authority, except when it is likely that the rights and freedoms of individuals were not threatened by the violation. When there is a suspicion that a crime has been committed at the time of the violation, the provider is obliged to inform the police and/or the competent prosecutor’s office about the violation. In the event that it is a violation that may cause a great risk to the rights and freedoms of individuals, the provider is obliged to report the violation immediately or when it is not possible, without undue delay, to inform the individuals to whom the personal data refer. The notification to the individual must be made in understandable and clear language.

PUBLICATION OF CHANGES

Any changes to our privacy policy will be posted on this website.

By using the website, the individual confirms that he accepts and agrees with the entire content of this privacy policy.

Updated: September 2020