GDPR - Personal Data Protection

Processing of personal data and data privacy disclaimer

Regulation of personal data privacy

I. General provisions

Controller of the personal data by art. 4 point 7 by Regulation of the European parliament and the Council (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 (from now on „GDPR”) is Ing. František Kubát (from now on „Controller“).

The contact details of the controller are

• Address: Bočná 2456/31, Stupava 900 31, Slovakia
• Email: support@freeshippingamountincart.com
• Telephone: +421 918338883

By personal data it is considered all the information about the identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

The Controller has not appointed a delegate for personal data protection.

II. Sources and categories of processed personal data

The controller processes personal data, which you have provided or personal data, which the controller obtained on the basis of your order.

The controller processes your identifiable and contact information, and data essential for the contract fulfillment.

III. Legal reason and purpose of the processing of personal data

Legal reason for your personal data processing is fulfillment of the contract between you and the controller by art. 6 point 1 letter b) GDPR, justified interest of the controller to provide direct marketing (especially for distribution of trade announcements and a newsletters) by art. 6 point 1 letter f) of GDPR, your agreement with the data processing for the purpose of direct marketing (mostly for distribution of commercial messages and a newsletters) by art. 6 point 1 letter a) of GDPR in connection to some services, in case there was no order of the goods and/or services.

The purpose of personal data processing is fulfillment of your order and exercise of rights and duties resulting from the contractual relationship between you and the Controller; during a process of placing an order only personal data are required which are necessary for successful order closure (name, address, contact details); granting access to the personal data is inevitable condition for any order closure and its fulfilment. Without such personal data an order cannot be created, closed or expected controller's obligation cannot be performed, sending commercial messages and execute additional marketing activities.

From the side of the controller automatic personal data processing is applied in accordance to the article 22 of the GDPR. You have explicitly granted your consent to such automatic data processing.

IV. The retention schedule

The controller stores the personal data during a length of time necessary for the execution of the rights and duties implied from the contractual relationship between You and the controller, and during a length of time when a legal claim validity exists (10 years after the end of the contract).

During a length of time, provided the data subject has not withdrawn the consent for personal data processing on the purpose of the marketing activities and such a consent exists, for 3 years maximum.

After this period has passed, the controller shall erase these data.

V. Recipients of personal data (subcontractors of the controller)

Recipients of personal data are persons participating on the delivery of the goods / services / execution of the payments based on the contract providing services for the e-shop functions and other services in connection of the e-shop functions providing marketing services in order to make records of the tax documents in accordance with the contract and compliant with legal requirements in data range of:

• name, surname, degree,
• postal address,
• invoice address,
• email address,
• telephone contact,
• information about the banking account,
• information of the subject matter of the contract.

VI. Your Rights

Based on the legal statement from the GDPR you have a

• right of access to your personal data by the art. 15 GDPR,
• right to rectification by art. 16 GDPR, or right to restriction of processing by art. 18 GDPR,
• right to erasure (right to be forgotten) by art. 17 GDPR,
• right to object to personal data processing by art. 21 GDPR and
• right to data portability by art. 20 GDPR.

Right to withdraw the consent for personal data processing, in written form or by electronic means to the postal address or e-mail of the Controller stated in the section I of this article.

Further, you have the the right to file a complaint to the Bureau for personal data protection of the Slovak Republic (Úrad pre ochranu osobných údajov, SR), in case you believe that your right to protect your personal data has been violated.

VII. Conditions for the personal data protection safety

The controller claims that all the appropriate and suitable technical and organizational means have been adopted to protect the personal data.

The controller has introduced technical means to safeguard the data storage and personal data storage which would exist in a paper form.

The controller claims, that access to the personal data was only granted to eligible personnel.

VIII. Closing conditions

By submitting the order in the e-shop order form you certify and confirm that you are acquainted with the terms and conditions of the personal data protection and that you accept them fully and entirely.

Your consent with the terms and conditions is given by checking the check-box in the e-shop online form. By filling this check-box inside the e-shop Order Form you acknowledge these terms and conditions.

By filling this check-box you confirm that you have been made aware and informed about these terms, and that you accept them as a whole.

The controller is entitled to change these conditions without consent.

New version of the conditions for the personal data protections will be published on the eshop and at the same time it will be sent to your e-mail address, if you have provided it to the controller.

These conditions take effect on the 19-June-2022.

Statement on the use of cookies

Cookie usage declaration

These web pages store in accordance with existing legislation files on your device, generally referred to as "cookies".

What are "cookies"?

Cookies are small text files that can be used by websites to make user's experience more efficient by remembering your settings and last activities, so that you do not need to repeat this actions.

Cookies do not represent direct threat, however they play role in your personal data protection.

Cookies cannot be used for identification of the web page visitors, nor for the exploitation of the credential access.

Operational cookies

Operational cookies can't be deactivated to the extent we use them to provide you our services.

What type of cookies do we use?

We use cookies for enablement of Stripe Payment system, this falls under the category of operational cookies.

We also use cookies from Google (Google Ads, Google Analytics).

Cookie Consent

Most of the web browsers automatically accepts cookies, unless the settings of the web browser are changed. By using these web pages you are giving your consent to letting the website activate its cookies and trackers that process personal data. You can restrain or block the usage of cookies in the settings of your web browser. Information about the settings of a specific web browser you can find on the following web pages:

• Google Chrome: support.google.com
• Mozilla Firefox: support.mozilla.org
• Opera: help.opera.com
• Safari: support.apple.com
• Internet Explorer: windows.microsoft.com

General Business and License Terms and Conditions

I. Definition of terms

Supplier: Seldom Group s.r.o., Bočná 2456/31, 90031 Stupava, Slovakia, Company ID: 52387844, Tax ID: 2121014808. Company registered in the Commercial Register of the District Court (Okresný úrad) Bratislava I, section Sro, Reg. No. 137561/B

Customer: A physical or legal entity who has entered into a business relationship with the Supplier by issuing an order, either orally or in written form, and undertakes to provide the agreed financial remuneration for services and products delivered.

II. Basic provisions

1. The Customer agrees that he/she is familiar with all information regarding the services and products offered by the Supplier, either:
• through a web presentation on the domain freeshippingamountincart.com
• on the basis of private telephone or electronic communication in the form of an email or IM
2. The Supplier reserves the right to offer services, modifications and modules to third parties for remuneration, unless individually stipulated otherwise by contract.
3. The Supplier is entitled to change the extent and parameters of the offered services and products and their prices, at any time, and individually refuse to offer services and sell products.

III. Conclusion of contract

1. The commercial contract between the Supplier and the Customer becomes valid at the moment of confirmation of the email order by the Customer or by the creation of an online order on the domain freeshippingamountincart.com
2. The Customer and Supplier shall both provide only truthful and up-to-date personal and company data.

IV. Purchase price and delivery

1. Payment for products and services is carried out by a payment gateway Stripe.
2. Upon receiving the requested amount of money, the Supplier shall send the Customer a tax document confirming receipt of the payment. The Supplier shall at the same time make the relevant product available for downloading.

V. Conditions for software

1. Paid software, including its documentation, is protected by the copyright laws of the Slovak Republic. Ownership of the software is and remains within the competence of the company Seldom Group s.r.o., Company ID: 52 387 844. The Customer may not provide software to third parties, neither free of charge, nor for a fee. The modification, translation, adaptation or creation of derivative works may not be carried out. Reproduction or disclosure to third parties, whether free of charge or for a fee, is also forbidden. Ownership of demonstration programs provided with the software is and remains the property of the company Seldom Group s.r.o. These programs are protected in the same way as the software. Their source code is provided for illustrative purposes. The Customer may use it only in order to help with the development of software, but may not change, reproduce or distribute the source code, even free of charge.
2. Through the sale of software contract, the Supplier grants the Customer authorization to exercise intellectual property rights (license). One license may only be used for 1 domain, or 1 online shop.
3. The Customer is aware that the Supplier does not bear responsibility for defects in the supplied software arising from incorrect use or any type of interference by the Customer or third persons (hereafter only unauthorized interference) with the source code of the purchased software. The Customer is aware that by his/her unauthorized interference with the source code, he/she loses the right to make a complaint about the supplied software (i.e. such a complaint will always be rejected), as well as the right to request relevant software updates.

VI. License terms and conditions

1. Modules offered free of charge - the Supplier bears no responsibility for functionality, or compatibility, of modules offered free of charge. Responsibility for usage of modules that are free of charge is moved to the Customer. Customer also bears the responsibility for any kind of damage, possible loss or data corruption, when using a modules offered free of charge.
2. One purchased license gives right to the Customer to:
• use the related module on one web or e-shop in production regime
• use the relevant module on test web pages or test e-shops without limit
3. After the payment for the services, products or web pages the property right (license) is transferred to the Customer
4. The Supplier reserves the copyright for completed graphic and programming work, as well as for individual designs, modules and modifications.

VII. Contract withdrawal

1. The customer is entitled to withdraw from the contract without giving a reason in accordance with Art. § 7 of Act no. 102/2014 Coll. on consumer protection in distance selling within 14 days either from the receipt of tangible goods or from the date of conclusion of the contract (purchase of a license) on the provision of electronic content that is not supplied on tangible media (eg services, modules, software, etc.) and thus, after purchase, it will be downloaded to the customer's computer (server) in a purely digital way.
2. In accordance with para. § 7 par. 6 of Act no. 102/2014 Coll. the customer may not withdraw from the contract after receiving electronic content that has been acquired other than on a tangible medium. By downloading the file in digital form, the customer loses the right to withdraw from the contract.
3. Withdrawal from the contract is possible only if within 14 days after purchasing the license, the customer does not exercise his right to download the relevant electronic content.
4. Withdrawal from the contract must be done via an email message (support@freeshippingamountincart.com)
5. In the event of withdrawal from the contract, the customer is entitled to a refund of the amount paid, which will be returned to the buyer no later than 14 days after withdrawal from the contract through the appropriate payment gateway.

VIII. Warranty and claims

1. Time limit for claiming rights for software defects is:
• 12 months if the Customer is a consumer.
• 6 months if the Customer is a business entity.
2. The subject of performance is defective if it does not comply with the conditions agreed on in the Contract.
3. The customer submits an electronic complaint to the supplier via an email message (support@freeshippingamountincart.com) without undue delay, but no later than 3 working days from the day he became aware of this fact.
4. The claim must contain the following particulars: name and surname or company name of the Customer, contact information and a description of the defect. Without these particulars the Contractor is not obliged to assess the claim and the defect is considered as not to have been reported at all.
5. The Supplier shall settle the claim no later than 30 days from the delivery of the above specified written notice.
6. The Supplier shall have the right to choose the method of removal of the defect in the case of a recognized claim.
7. In case of malfunctioning of the module, the Supplier undertakes to provide repair to the Customer at Supplier's own expense and to ensure the declared functionality of the module.
8. The Supplier undertakes to refund the Customer fully for the licence, or, according to the Contract, provide replacement services to a comparable extent if the module does not work properly in conjunction with the default system settings.
9. The Customer shall not be entitled to a refund of the licence amount if:
• the module was used or modified improperly,
• the malfunctioning of the module was caused by graphic/functional modifications of the system (own or a third party), an unsecured suitable environment (incorrect setting of webhost parameters, hereby limiting functionality),
• he/she did not provide authentication data to the server and administration system if the error requires it.

IX. Delivery

1. Any written communication between the Supplier and the Customer shall be done electronically by means of the email addresses specified by the parties when concluding the Contract, while the parties to the Contract acknowledge the authenticity of messages sent in this manner. Messages sent to the stated email addresses are deemed as delivered on the day they were successfully sent to the stated address.
2. If electronic delivery by means of an email address is not possible, the parties shall deliver the relevant documents through a postal service provider to the last known addresses.

X. Protection of Personal Data

1. The personal data of the Customer, which will be handed over to the Supplier upon sending the order, shall be processed for the purpose of concluding the purchase contract and its subsequent fulfillment, including the settlement of any claims by the Customer for defective performance. The legal basis for the processing of the Customer's personal data is the fulfillment of the purchase contract based on the Customer's order and also the fulfillment of the legal obligations of the Supplier according to the legislation governing the rights and obligations regarding consumer protection and accounting.
2. The personal data of the Customer shall be processed by the Supplier for the period which the Supplier is obliged to keep this data according to generally binding legal regulations.
3. The Customer has the right to request the Supplier for access to his/her personal data, their rectification or deletion, or limiting their processing, and to object to their processing; he/she has the right to file a complaint if the Supplier, while processing personal data, violates Act no. 18/2018 Coll. on the Protection of Personal Data.
4. Consent to the processing of personal data must be granted if the Customer registers with/logs into the eshop. After receiving consent, the Supplier may process the personal data and use them for business purposes. The processing of personal data is then governed by the given consent. If the Customer does not register/log in, but only makes a purchase, he does not have to give consent to the processing of personal data. However, his/her personal data necessary for doing payment transactions and the accounting of tax documents will be processed. In this case, personal data is not subject to Consent to the processing of personal data. At the same time, it is not possible to process the data and use it for e.g. sending newsletters etc.

XI. Final provisions

1. The Supplier reserves the right to change these Terms and Conditions at any time.
2. The Operator shall announce changes to these Terms and Conditions publicly on the website domain freeshippingamountincart.com
3. By making a binding order or purchasing services, products (modules) and using free products, the Customer expresses his/her unconditional consent to the current version of these Terms and Conditions.
4. These Terms and Conditions are binding for both parties to the contract and shall be complied with without reservation.
5. These Terms and Conditions entered into force on 19th of June 2022
6. Should any of the provisions of these Terms and Conditions become invalid or unenforceable, this shall not affect the validity or enforceability of the other provisions.