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Legal framework

Here at Naivia, we make every effort to be in line with Regulation (EU) 2016/679 (“General Data Protection Regulation” or “GDPR”), as well as with any other legislation applicable on the territory of Romania. The fundamental principle of this regulation is transparency. Thus, we have prepared this page to explain to you, in a transparent and friendly way, how we process your personal data, why we need it and other legal aspects, more or less boring. If you want to read the EU Regulation in full, you can do so here or here.

We reserve the right to update and modify this Privacy Policy periodically, 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 display the modified version of the Privacy Policy on our website, which is why we ask you to periodically check the content of this Privacy Policy.

Who we are and how you can contact us

Naivia is the trade name of RUDAN PROIECT S.R.L., a Romanian legal entity, with its registered office in Bucharest, Str. Valea Ialomitei no. 13, Bl. A32, Ap. 3, sector 6, with serial number in the Trade Register J40/9743/2014, unique fiscal registration code 33499242 (hereinafter “Naivia” or “we”). For the purposes of data protection legislation, we are the controller when we process your personal data.

If you have any further questions about your personal data, we are at your disposal at the e-mail address mydata@naivia.ro or via the contact form.

What categories of personal data do we process

In general, we collect your personal data directly from you, so that you have control over the type of information you provide to us. For example, we receive information from you as follows:

  • When you create an account on Naivia, you provide us with: your email address, first and last name;
  • Within your personal page (My Account) you have the opportunity to add additional information, such as: gender, phone number, date of birth, delivery and billing addresses, etc.;
  • When you place an order, you provide us with information such as: the desired product, first and last name, delivery address, billing details, payment method, phone number, etc.

We may also collect and subsequently process certain information regarding your behavior while visiting our website, in order to personalize your online experience. We invite you to learn more about this by consulting the section regarding the purposes of processing below.

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

We do not collect or otherwise process sensitive data, included in the General Data Protection Regulation as special categories of personal data. We also do not wish to collect or process data of minors under the age of 16.

What is the purpose and basis of the processing?

We will use your personal data for the following purposes:

To provide Naivia services to your benefit

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

  • Creating and managing your account on our site;
  • Processing orders, including taking over, validating, shipping and invoicing them;
  • Resolving cancellations or problems of any kind relating to an order, the goods or services purchased;
  • Returning products in accordance with legal provisions;
  • Reimbursing the value of the products in accordance with the provisions legal;
  • Providing support services, including providing answers to your questions regarding your orders or our goods and services

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

To improve our services

We constantly want to offer you the best online shopping experience. To do this, we may collect and use certain information about your Buyer behavior, we may invite you to complete satisfaction surveys following the completion of an order, or we may conduct, directly or with the help of partners, market studies and research.

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

For marketing

We want to keep you informed about the best offers for the products that interest you. In this regard, we may send you any type of message (such as: e-mail/SMS/telephone/mobile push/webpush/etc.) containing general and thematic information, information on products similar or complementary to those you have purchased, information on offers or promotions, information on products added to the “Account/My Cart” section or the “Account/Favorites” section or you 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. We always ensure that this processing is carried out in compliance with your rights and freedoms and that the decisions taken on their basis do not have legal effects on you and do not similarly affect you to a significant extent.

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

– Changing your settings in your customer account in the “My Personal Data” section, “My Wish List”;

– Accessing the unsubscribe link displayed in the messages you receive from us; or by

– Contacting Naivia using the contact details described above.

In certain situations, we may base our marketing activities on our legitimate interest to promote and develop our business. In any situation where we use your personal information 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 request us at any time, by the means described above, to stop processing your personal data for marketing purposes, and we will comply with your request.

How long we keep your personal data

As a general rule, we will store your personal data for as long as you have an account on our website. You can request us to delete certain information or close your account at any time and we will comply with these requests, subject to the retention of certain information including after closing your account, in situations where applicable law or our legitimate interests require it.

To whom we transmit your personal data

Where applicable, 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 service providers

If we are legally obliged to do so or if it is necessary to defend a legitimate interest, we may also disclose certain personal data to public authorities.

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

To which countries do we transfer your personal data

Currently, we store and process your personal data only on the territory of Romania.

How do we protect the security of your personal data

We are committed to ensuring the security of personal data by implementing appropriate technical and organizational measures, according to industry standards.

The transmission of your personal data is done using state-of-the-art encryption algorithms and we store them on secure servers, while ensuring data redundancy.

To make payments, we use the services of the NETOPIA mobilPay payment processor. Any payment information is encrypted using HTTPS technology with state-of-the-art TSL encryption.

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

What rights do you have

The General Data Protection Regulation recognizes a series of rights in relation to your personal data. You can request access to your data, correction of any errors in our files and/or object to the processing of your personal data. You can also exercise the right to complain to the competent supervisory authority or to seek legal action. Where applicable, you may also benefit from the right to request the deletion of your personal data, the right to restrict the processing of your data and the right to data portability.

More information about each of these rights is presented 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 email address associated with your Naivia account.

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 notify you if we need more than one month.

Third party rights. We do not have to comply with a request if it would adversely affect the rights and freedoms of other data subjects.

Access

You can ask us to:

  • confirm whether we are processing your personal data;
  • provide you with a copy of this data;
  • provide you with further information about your personal data, such as what data we hold, 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 in this notice.

Rectification

We you can ask us to rectify or complete your inaccurate or incomplete personal data.

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

Erasing data

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

  • it is no longer necessary for the purposes for which it was collected; or
  • you have withdrawn your consent (if the processing of the data was based on consent); or
  • you exercise a legal right to object; or
  • it has been processed unlawfully; or
  • we are under a legal obligation to do so.

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

  • for compliance with a legal obligation; or
  • for the establishment, exercise or defence of legal claims.

There are certain other circumstances in which we are not required to comply with your request to erase your data, although these two are the most likely circumstances in which we may refuse this request.

Please note that, before exercising this right, you should download from your Naivia account and save all documents relating to orders placed with Naivia. If you do not take this step before exercising your right to deletion, you will lose all these documents and Naivia will be unable to make them available to you, as the case may be, because the process of deleting data, namely the Naivia account, with all its related data and documents, is an irreversible process.

Restriction of data processing

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

  • their accuracy is contested (see the rectification section), to allow us to verify their accuracy; or
  • the processing is unlawful, 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 legal claims; or
  • you have exercised your right to object and the verification of whether our rights prevail is ongoing.

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

  • we have your consent; or
  • to establish, exercise or defend legal claims; or
  • to protect the rights of Naivia or another natural or legal person.

Data portability

You can ask us to provide your personal data in a structured, commonly used and machine-readable format.

Opposition

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

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

Automated decision-making

You can ask not to be the subject of a decision based solely on automated processing, but only where that decision:

  • produces legal effects; or
  • affects you in a similar and significant way.

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 appropriate 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 regarding the processing of your personal data. In Romania, the contact details of the data protection supervisory authority are as follows:

National Authority for the Supervision of Personal Data Processing

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

Phone: +40.318.059.211 or +40.318.059.212;

E-mail: anspdcp@dataprotection.ro

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