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Personal Data Processing Policy

Operator (Seller)

AF Fitness s.r.o.
Company Reg. No. 02964180
Registered seat: Střelniční 2133, Frýdek, 738 01 Frýdek-Místek
registered in the Commercial Registry maintained by the Regional Court in Ostrava, Section C, File No. 80198

In accordance with the General Data Protection Regulation (Regulation of the European Parliament and of the Council (EU) 2016/679, GDPR), we hereby state the following regarding personal data processing.

1. Our contact details for matters pertaining to personal data protection

1.1 Our company AF Fitness s.r.o., as the operator of the e-shop cz, accessible at the web address (URL) https://www.affitness.com (the “E-shop”) acts as a controller of E-shop users’ personal data pursuant to Article 4(7) of the GDPR. Should you have any questions, requests or objections relating to personal data processing, please contact us by using any of the following addresses:

Postal address:

AF Fitness s.r.o.
Střelniční 2133
Frýdek, 738 01 Frýdek-Místek

Electronic address:
info@affitness.com

1.2 Our company has no data protection officer entrusted with personal data protection, since it does not fulfil the requirements for appointment of such an officer under Article 37 of the GDPR.

2. Legal basis for processing personal data, method and purpose of processing, and archiving duration

2.1 We are authorised to process your personal data even without your consent:

2.1.1 to the extent absolutely necessary in order for us to fulfil our obligations under purchase contracts and in relation to entry into such contracts
2.1.2 to the extent absolutely necessary in order for us to fulfil our obligations when maintaining a user account
2.1.3 to the extent absolutely necessary in order for us to fulfil our legal obligations set by regulations such as legislation
2.1.4 to the extent absolutely necessary to protect our legitimate interests (direct marketing)

2.2 Processing that is necessary for fulfilment of a contract that you have entered into with us

2.2.1 We will process your personal data in order to be able to enter into a purchase contract with you and for the purpose of fulfilling our obligations under the purchase contact that you have entered into with us (Article 6(1)(b) of the GDPR). To this extent, we will process your identification details (full name) and contact address information (address of residence and/or a different mailing address that you have provided, along with your e-mail address and phone number) and/or descriptive data that you have specified in your order (academic title, clothing and shoe sizes, etc.).

2.2.2 The purpose of personal data processing is to enter into a purchase contract and subsequently to fulfil our requirements under the purchase contract, in particular the delivery of goods to your address including the transmission of personal data to your selected carrier or delivery retrieval service.

2.2.3 Storage period: For the period of time absolutely necessary in order for us to fulfil our obligations under a purchase contract.

2.3 Processing for the purposes of managing a user account

2.3.1 In the event that the buyer makes use of the option to set up a user account in the E-shop and to facilitate its use, we will process the buyer’s personal data in order to be able to fulfil our obligations under the Terms and Conditions relating to the management of the user account (Article 6(1)(b) of the GDPR) and to enable the buyer to have remote direct access to personal data or to enable the buyer to revise or correct such data (Article 6(1(c) of the GDPR).

2.3.2 The purpose of personal data processing is the provision of services to buyers in the form of automatic pre-completion of order forms, displaying the buyer’s order history in the user account, and providing direct access to personal data.

2.3.3 Storage period: For the duration of the user account, meaning until you cancel your user account, or we discontinue it ourselves for any of the reasons specified in the Terms and Conditions.

2.4 Processing for fulfilment of our legal obligations under applicable legislation

2.4.1 We will also process your personal data because it is essential for fulfilment of the legal requirements to which we are subject (Article 6(1)(c) of the GDPR).

2.4.2 We will issue invoices, which we are obliged to keep and archive for the period stipulated in applicable legislation, particularly the Act on Accounting (Act No. 563/1991 Coll.) and the VAT Act (Act No. 235/2004 Coll.). Other obligations stem from the Civil Code, in particular those pertaining to consumer contracts.

2.4.3 The purpose of processing your personal data is fulfilment of our legal obligations, in particular with regard to accounting and tax law, and further processing of any complaints regarding defects in goods and receipt of the goods in the event of withdrawal from the contract.

2.4.4 Storage period: We only retain personal data for the periods of time absolutely necessary and archive them for the periods of time required by law.

2.5 Our legitimate interests for conducting direct marketing

2.5.1 We process your personal data because it is essential for protection of our legitimate interests (Article 6(1)(f) of the GDPR), in the manner specified below.

2.5.2 We can send an e-mail newsletter (commercial communication) to your e-mail address that you have provided to us in connection with entry into a purchase contract or creation of your user account, but only with offers of goods and related services from our e-shop, and we will not send you any offers from third parties. You have the option to unsubscribe from the newsletter.

2.5.3 The purpose of processing your personal data is for us to be able to inform you about a new product ranges, discounts and services offered by our e-shop. We consider this to be essential for the purposes of our legitimate interests. For this purpose, we will only process your e-mail address. You may lodge objections against this manner of personal data processing (see Article 5.5), and you can very easily stop processing of your personal data for direct marketing purposes by unsubscribing from the newsletter.

2.4.4 Storage period: We will retain your e-mail address from the moment it is entered into our records until you unsubscribe from the newsletter, regardless of fulfilment of the respective purchase contract or the duration of the user account.

We will process your personal data on the basis of your consent to personal data processing:

in relation to the use of cookies or network identifiers
for the purposes of sending the newsletter (if you are not our customer)

2.6 Cookies and data related to website traffic

2.6.1 If you agree to the use of cookies, we will collect information about which of our websites you are visit and how you use them. During this activity, we will collect the following information:

IP address
Date, time and duration of visits
Source URL (page from which you arrive)
A list of our visited websites
Information about your device and browser (browser type and version, operating system, etc.)

2.6.2 We will use and analyse the personal data for the purposes of remarketing.

2.7 Newsletter

2.7.1 We will need consent of visitors to our e-shop who are our customers in order to send our newsletter. They will have the opportunity to subscribe to the newsletter by entering their e-mail addresses.

2.7.2 The purpose of processing an e-mail address is to send commercial communication and offers to the e-mail address that you have registered with us.

2.7.3 You have the right, at any time, to withdraw your consent to the processing of your e-mail address (personal data). However, such a decision shall not impact the legitimate processing of your personal data prior to the withdrawal of your consent. Your consent to personal data processing may be withdrawn directly via the newsletter in the manner described in the footer of each newsletter.

2.7.4 If you do not withdraw your consent on your own, we will process your e-mail address for a period of five years from the date on which it is provided to us.

3. With whom do we share your personal data?

3.1 We share your persona data with third parties, specifically recipients of personal data, mainly for the purpose of ensuring the operations of the e-shop, fulfilment of our obligations under purchase contracts, and for direct marketing in the extent specified above in Article 2.

3.2 Recipients of personal data may include:

3.2.1 An external provider of hosting services as a personal data processor

3.2.2 Providers of courier or retrieval services whom you select when creating an order

3.2.3 Suppliers, insurance companies, external law practices, other bodies dealing with consumers and shipping companies in connection with complaint and insurance claim handling

3.2.4 Financial authorities, tax advisers and auditors, if sharing such data with them is essential for fulfilment of our legal obligations

4. Sharing personal data with recipients in non-EU countries

4.1 We will process your personal data in the Czech Republic and/or in other EU member states, and we will not share the data with anyone in non-EU countries, even when using hosting services.

5. Your rights in connection with personal data processing

5.1 We will process your personal data in a fair and transparent manner, in accordance with applicable legislation. We hereby also inform you of the following rights that you have in relation to personal data processing:

5.2 Right of access to personal data

5.2.1 You have the right to access personal data relating to you as a data subject under the conditions laid down in Article 15 of the GDPR.

5.2.2 The personal data of buyers who have created a user account are available within the scope of the user account for the entire period of its existence. We will provide buyers making a one-time purchase with an overview of personal data being processed on the basis of their request for access pursuant to this Article 5.2.

5.3 Right to correction of personal data

5.3.1 If you believe personal data that we are processing about you is inaccurate or incomplete, you can ask us to correct such data. If you have created a user account, you can correct or change your personal data on your own within your user account.

5.4 Right to erasure (“right to be forgotten”), and right to limit data processing

5.4.1 You have the right to request that we erase your personal data without undue delay, but only for any of the reasons listed in Article 17 of the GDPR.

5.4.2 You have the right to limit processing in any of the situations referred to in Article 18 of the GDPR, i.e.

if you dispute the accuracy of processed personal data, for the period of time necessary for us to verify the accuracy
if processing of personal data is in your opinion unlawful, but you refuse to fully erase your personal data completely, or
if we no longer need to process your personal data for the aforementioned purposes, but you require it for determining, exercising or defending your legal entitlements

5.5 Your right to object to personal data processing

5.5.1 You have the right to object to the processing of personal data that concern you if we process your personal data based on Article 6(1)(f) of the GDPR for the purposes of our legitimate interests; we regard data processing for direct marketing purposes to be a legitimate interest (see Article 2.5).

5.5.2 An objection to processing for the purposes of direct marketing in practice means that you may object to receiving our newsletter or other commercial communications, and we will stop sending newsletters and other commercial communications. You may unsubscribe from our newsletters at any time via a delivered newsletter, or in your user account if you have set one up.

5.6 Right to personal data portability

5.6.1 You have the right to obtain personal information which concerns you in a structured, ordinarily used and machine-readable format, and where appropriate, the right to transfer such data to a third party without our being able to prevent you from doing so.

5.6.2 You also have the right to ask us to transfer your personal information to another party acting in the role of personal data controller if it is technically feasible.

5.7 Right to withdraw consent to personal data processing

5.7.1 If you have provided us with consent to personal data processing for purposes for which such consent is required, you have the right to withdraw your consent at any time. Withdrawal of consent is without prejudice to the legality of processing based on your consent granted before withdrawal.

5.8 Right to lodge a complaint with a supervisory authority

5.8.1 You have the right to lodge a complaint with a supervisory authority if you believe that personal data processing constitutes a violation of applicable legislation. You may lodge a complaint with the following supervisory authority:

The Czech Personal Data Protection Office (ÚOOÚ)
Pplk. Sochora 27
170 00 Prague

www.uoou.cz

5.9 How to exercise your rights

5.9.1 You may exercise your personal data protection rights by post or by e-mail via the addresses specified in Article 1 above. We hereby notify you that in the event of any doubts, we will be authorised to require verification of the identity of everyone exercising such rights. You may exercise rights pursuant to this Article by phone if the identity of the requesting party cannot be sufficiently verified.