Privacy Policy

Personal Data Protection Terms

 I.

Basic Provisions

1. The controller of personal data pursuant to Article 4(7) of Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (hereinafter: the “GDPR”) is Higarden s.r.o. Company ID 04319346, with registered office at Poděbradská 1099/166, 198 00 Praha 9 (hereinafter: the “controller”).
2. The controller’s contact details are:
   E-mail: info@higarden.cz
   Telephone: +420 777 96 86 22
   Address: Poděbradská 1099/166, 198 00 Praha 9
    

3. Personal data means any information relating to an identified or identifiable natural person; an identifiable natural person is a natural person who can be identified, directly or indirectly, in particular by reference to a specific identifier such as a name, identification number, location data, network identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
4. The controller has not appointed a data protection officer.

 

II.

Sources and Categories of Processed Personal Data

1. The controller processes personal data that you have provided to it or personal data that the controller has obtained on the basis of the performance of your order.
2. The controller processes your identification and contact details and data necessary for the performance of the contract.

 

III.

Legal Basis and Purpose of Processing Personal Data

1. The legal basis for processing personal data is

• performance of the contract between you and the controller pursuant to Article 6(1)(b) GDPR,
• the controller’s legitimate interest in providing direct marketing (in particular for sending commercial communications and newsletters) pursuant to Article 6(1)(f) GDPR,
• your consent to processing for the purposes of providing direct marketing (in particular for sending commercial communications and newsletters) pursuant to Article 6(1)(a) GDPR in conjunction with Section 7(2) of Act No. 480/2004 Coll., on Certain Information Society Services, in the event that no order for goods or services has been placed.

2. The purpose of processing personal data is

• to process your order and exercise the rights and obligations arising from the contractual relationship between you and the controller; when placing an order, personal data necessary for successful processing of the order are required (name and address, contact details), the provision of personal data is a necessary requirement for concluding and performing the contract, without providing personal data it is not possible to conclude the contract or for the controller to perform it,
• to send commercial communications and carry out other marketing activities.

3. The controller carries out automated individual decision-making within the meaning of Article 22 GDPR. You have given your express consent to such processing.

 

IV.

Data Retention Period

1. The controller retains personal data

• for the period necessary for the exercise of the rights and obligations arising from the contractual relationship between you and the controller and the assertion of claims arising from these contractual relationships (for a period of 15 years from the termination of the contractual relationship).
• for the period until consent to the processing of personal data for marketing purposes is withdrawn, for no longer than 15 years

2. After the retention period for personal data has expired, the controller shall erase the personal data.

 

V.

Recipients of Personal Data (Subcontractors of the Controller)

1. The recipients of personal data are persons

• participating in the delivery of goods / services / execution of payments under the contract,
• providing e-shop operation services (Shoptet) and other services in connection with the operation of the e-shop,
• providing marketing services. (Seznam, Google, Meta, Leadhub,  ...)
• providing services for assigning orders to individual traffic sources and evaluating purchases by customers (Heureka, Zboží, Google).
• Service providing the bonus system (Galandr)

2. The controller intends to transfer personal data to a third country (a country outside the EU) or an international organisation. The recipients of personal data in third countries are providers of mailing services and cloud services.

 

VI.

Your Rights

1. Under the conditions set out in the GDPR, you have

• the right of access to your personal data pursuant to Article 15 GDPR,
• the right to rectification of personal data pursuant to Article 16 GDPR, or restriction of processing pursuant to Article 18 GDPR.
• the right to erasure of personal data pursuant to Article 17 GDPR.
• the right to object to processing pursuant to Article 21 GDPR, and
• the right to data portability pursuant to Article 20 GDPR.
• the right to withdraw consent to processing in writing or electronically to the address or e-mail of the controller stated in Article III of these terms.

2. You also have the right to lodge a complaint with the Office for Personal Data Protection if you believe that your right to personal data protection has been infringed.

 

VII.

Personal Data Security Terms

1. The controller declares that it has adopted all appropriate technical and organisational measures to secure personal data.
2. The controller has adopted technical measures to secure data storage and storage of personal data in paper form.
3. The controller declares that only persons authorised by it have access to personal data.

 

VIII.

Cookies

 

Some pages of the store’s web interface use cookies, which are small files stored in the web browser when visiting the web interface. Cookies are used to make it possible to offer better tailored options in the future by recognising and remembering specific visitor preferences when browsing.

You may have control over which cookies the Controller processes about you. You may use an add-on programme from Google (available only from your computer). Or you may use one of the following internet browsers (e.g. Internet Explorer, Safari, Firefox, Chrome) with anonymous browsing enabled so that data about visited pages is not stored, or you may completely disable the storage of cookies in your browser. However, if you also disable the processing of technical and functional cookies, some website functions will be limited. Disabling analytical cookies does not mean that we will stop showing you marketing offers, but they will be less relevant to you.

IX.

Final Provisions

1. By submitting an order from the online order form, you confirm that you have read the personal data protection terms and that you accept them in full.
2. You agree to these terms by ticking the consent box via the online form. By ticking the consent box, you confirm that you have read the personal data protection terms and that you accept them in full.
3. The controller is entitled to amend these terms. It will publish the new version of the personal data protection terms on its website and at the same time send you the new version of these terms to the e-mail address you provided to the controller.

 

These terms take effect on 25.5.2018