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Privacy Policy
Privacy Policy
Privacy Policy
Privacy Policy>

Privacy Policy

The purpose of this Privacy Policy is to inform customers, potential customers or visitors of the website www.bamchocolate.com about the purposes and basis for the processing of personal data by MOJA ČOKOLADA d.o.o., Kunaverjeva ulica 9, 1000 Ljubljana.

At MOJA ČOKOLADA d.o.o., we value the privacy of our customers and we protect it carefully. The Privacy Policy may be changed or amended at any time, without prior warning or notification. By using the provider''s website after a change or amendment, the individual confirms that he/she agrees to the changes and amendments. By using the website, the user confirms that he/she accepts and agrees to the entire content of this privacy policy, unless additional forms of consent are required for individual cases. Our activities are in compliance with European legislation (Regulation (EU) 2016/697 on the protection of individuals with regard to the processing of personal data and on the movement 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 (the Personal Data Protection Act (ZVOP-1, Official Gazette of the Republic of Slovenia, No. 94/07), the Electronic Commerce on the Market Act (ZEPT, Official Gazette of the Republic of Slovenia, No. 96/09 and No. 19/15), etc.).


We are aware that your privacy and knowledge of the processes of processing your personal data mean a great deal to you, and we therefore invite you to read more about the individual segments of personal data protection in the guidelines of the Information Commissioner, which acts as the competent state authority in the territory of the Republic of Slovenia for the supervision of the legal framework for the protection of personal data.


PERSONAL DATA

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

For the purposes of www.bamchocolate.com's business, www.bamchocolate.com collects the following information:

- first and last name,

- address and place of residence,

- e-mail address,

- contact telephone number,

- and other information you enter in the relevant forms on the website.


By placing an order on the website, you expressly agree that the personal data obtained by MOJA ČOKOLADA d.o.o. (name and surname, residential address, e-mail address and any other data voluntarily provided by you to the provider for the purpose of fulfilling the contract-order) may be provided by the buyer, except for the purpose of negotiating a contract or for the fulfillment of the contract-order (as set out in 10. Article 10 of the applicable Personal Data Protection Act), also for the purposes of direct marketing through all advertising channels used by the Provider (telephone and SMS communications, print media, unaddressed and addressed direct mail, e-mail, etc.), and for the purposes of direct marketing-related statistical and market analysis, marketing profiling and segmentation. In this way, we will ensure that you are kept adequately informed of our current offers, and that you are only informed of product offers that are most relevant to your preferences.

As a customer, you must also give your explicit consent to MOJA ČOKOLADA d.o.o. to carry out direct marketing via e-mail when you place an order on the website by ticking the "Sign up for the newsletter" box. Otherwise, the customer will not receive direct marketing via e-mail and will therefore not be properly informed in advance of the provider''s online campaigns. The withdrawal of consent to direct marketing via e-mail is arranged by: sending a return e-mail in response to the specific e-mail received by the provider each time direct marketing is carried out; and/or; you will be informed of the possibility of withdrawing consent to direct marketing via e-mail in each e-mail.

The Provider will comply with your cancellation request and will, within 15 days at the latest, consistently arrange for the cancellation of your consent for the purpose of direct marketing through the relevant advertising channel(s) and will notify you thereof within a further five days in writing or by any other agreed means. You shall not incur any costs in doing so. The Provider shall not collect or process your personal data except when you give the Provider the opportunity or consent to do so, i.e. when you order products or services, subscribe to a newsletter, participate in a prize draw, etc., or where there is a lawful basis for the collection of personal data or where the provider has a legitimate interest in processing it. by filling in the online form, the link to which is provided in each email received by the provider when carrying out direct marketing.

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

- Legitimate interest,

- consent of the individual,

- the law and contractual relationships.

Processing based on the law and contractual relations In the event that the provision of personal data is a contractual obligation, an obligation necessary for the conclusion and performance 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 the services or products under the contract, as it does not have the necessary data for the performance of the contract.


Purpose of processing

Conclusion and performance of the contract Conclusion and performance of the contract concluded with the provider, including the provider''s fulfilment of your orders (delivery of products and provision of services), communication with you, verification of your payments and fulfilment of the provider''s other obligations and/or your obligations (legitimate interest of the provider in processing your personal data, point (f) of Article 6 (1) GDPR).

Directly informing customers about special offers, discounts and other content via email or SMS.

At MOJA ČOKOLADA d.o.o., we inform our customers about our products, services and content on the basis of the ZEKom-1 Act (Electronic Communications Act of the Republic of Slovenia, implemented on the basis of Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002). The customer may at any time request the termination of such communication and processing of personal data. The Customer may terminate such communications at any time via the unsubscribe link in the communications received, or by written request to the e-mail address: info@bamchocolate.com.


Processing based on legitimate interest

The Provider may also process data on the basis of legitimate interests pursued by the Provider, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require the protection of personal data. Where legitimate interest applies, the provider shall always make an assessment in accordance with the General Data Protection Regulation.


More detailed explanation

General statistical processing of data about customers and their orders and potential customers (contacts) for the purposes of internal sales analysis, repeat purchases, aggregate customer behaviour, advertising optimisation and business optimisation.

At MOJA ČOKOLADA 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 carry out internal analyses of sales, repeat purchases and aggregate customer behaviour, and monitor and optimise our business performance and optimise our advertising, for example:

- monitoring responses to emails, SMS messages, phone calls and various advertising messages (web ads) and optimising our advertising (deciding what, where, to whom and how to advertise).

- We monitor general sales statistics such as average basket value, number of products per order, etc., we monitor how many customers repeat purchases, how quickly and at what value, we monitor sales across our sales channels (internet).


This type of statistical monitoring allows us to:

Optimise our business and advertising in general and, on this basis, offer affordable products and services to our customers.

When you call (or our outbound call to you) or visit us, our sales and support consultants have access to your recorded personal data and purchase history, which will enable them to offer you a better service and more personalised offers.

We process data about remote orders placed and not placed based on our legitimate interest to determine whether and which remote customers order products with payment on collection and then do not collect these products, thereby causing us commercial damage which we aim to prevent.

Once we have identified such customers, we disable them from ordering products in the online shop with payment on delivery, but they are still able to order products with other payment methods. Automatic e-mail communication with the user based on his or her initiation of the online purchase process.

Potential customers who have added selected products to their shopping basket but have not completed their purchase are periodically sent e-mail messages related to their pending purchase, with the aim of attempting to complete the purchase or providing assistance and information in this regard.

If you do not wish to do so, you may stop such processing at any time or request to opt-out in writing by email to info@bamchocolate.com.

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

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

To do this, we use the following information about you:

- Demographic information (gender, age, address),

- your purchase history (products purchased, time of purchase, number of purchases),

- your responses (opening a message, clicking on a link, making a purchase) to the different messages we send you.


We do not use any kind of semi-automatic or automatic profiling, but simply select the appropriate sets of recipients for each message. We simply look at behaviour on our websites (viewing individual products or content which may trigger the sending of personalised messages), without using this data to create user profiles, This data can then be used to determine which messages you receive from us: what offers you will receive, how often we will send you messages and through which channels of communication, which products and content we will present to you to maximise your interest in them. The customer can stop such communication at any time via the unsubscribe link in the messages received, or by written request to info@bamchocolate.com. Use of the Facebook advertising tool Facebook Custom Audiences.

We also use Facebook Custom Audiences ("Facebook Custom Audiences") for online advertising on the basis of our legitimate interest, either in the context of carrying out basic personalised communication on the basis of our legitimate interest or in the context of obtaining consent to communicate personalised offers and content on the basis of the user''s profile.

This service works as follows:

Facebook compares your e-mail address with its user base and determines whether you are a Facebook user, if you are not a Facebook user, then nothing happens to your e-mail address and Facebook does not perform any activities with it, but if you are a Facebook user, Facebook will add you to a newly created list of personalised audiences, which will only and explicitly allow us to show personalised ads to this group of users on Facebook, on the basis of which we can show you more targeted and personalised ads and, in particular, additional discounts on Facebook. You can stop us from doing this at any time or by sending a written request to info@bamchocolate.com. We upload your e-mail address, which we have obtained from you in the course of your purchase or your voluntary input, to Facebook.

Processing based on your consent The Provider also collects and processes (uses) your personal data for the following purposes where you have given your consent: to ensure that you can access and use your online account with the Provider and the Provider''s online shop and, for technical reasons of administration on the Provider''s website, to ensure that you can access the specific information available to you on the Provider''s website and on your online account/profile provided by the Provider, to prepare and send personalised newsletters if you have subscribed, to send commercial offers and other content via email, SMS, regular mail or telephone calls and social networks (Facebook, Instagram) where there is no other basis for doing so and you have consented to it, any other purpose for which you specifically consent when you engage with the Provider.


CONTRACTUAL PROCESSING OF PERSONAL DATA

As an individual, you acknowledge and agree that the Provider may entrust specific tasks relating to your data to other persons (contractual processors). The contractual processors may process the entrusted data exclusively on behalf of the Provider, within the limits of the Provider''s authorisation (in a written contract or other legal act) and in accordance with the purposes defined in this Privacy Policy.

The contractual processors with which the provider cooperates are:

- Accounting service;

- law firms and other providers of legal advice,

- data processing and analytics providers,

- IT systems maintenance providers,

- email providers,

- payment system providers,

- providers of customer relationship management systems,

- providers of online advertising solutions.

The Provider will not pass on your personal data to unauthorised third parties. The contractual processors may only process personal data within the framework of the Controller''s instructions and may not use personal data to pursue any of their own interests. The Controller and the Users do not export personal data to third countries.


RETENTION OF PERSONAL DATA

The Provider will retain your personal data only for as long as is necessary to fulfil the purpose for which the personal data was collected and further processed. Those personal data that the Provider processes on the basis of the law, the Provider shall keep for the period prescribed by law. Those personal data processed by the provider for the performance of a contractual relationship with an individual shall be kept by the provider for the period necessary for the performance of the contract and for a period of 5 years after termination of the contract, except in cases where there is a dispute between you and the provider in relation to the contract, in which case the provider shall keep the data for a period of 5 years after the court or arbitral award or settlement has become final, or, in the absence of litigation, for a period of 5 years from the date on which the dispute was amicably settled. Those personal data which the provider processes on the basis of the individual''s personal consent or legitimate interest shall be kept by the provider permanently, until the individual withdraws this consent or requests that the processing be discontinued. The provider shall delete such data before revocation only if the purpose of the processing of the personal data has already been achieved or if required by law. After the retention period has expired, the controller shall effectively and permanently erase the personal data so that they can no longer be associated with the specific individual.


FREEDOM OF CHOICE

You control the information you provide about yourself. If you choose not to provide your information to the provider, then you will not be able to access certain areas or features of the website. Individuals who wish to unsubscribe from our newsletter should email us at info@bamchocolate.com. If your personal data (post code, e-mail address, physical address, telephone number) changes, please inform us of the changes by e-mail to info@bamchocolate.com.


PICTURES

Cookies are invisible files that are temporarily stored on your hard drive and allow the provider to recognise your computer the next time you visit the website. The Provider uses cookies only to collect information relating to the use of the website and to optimise its internet advertising activities. Advertising cookies track an individual''s use of the Provider''s website, unless the individual does not consent to the use of cookies on the site.


SECURITY

All information provided is protected from intrusion by third parties, which ensures you a carefree and uninterrupted transaction with the Provider. The protection of our users'' personal data is an important concern of our company. The Privacy Policy deals with the treatment of information that the Provider obtains about you when you visit and use our website or when you perform other activities on the website (registration and/or purchase of a product). The Provider is committed to ensuring the security of your personal data. Your information is protected at all times against loss, destruction, falsification, tampering, manipulation and unauthorised access or unauthorised disclosure. The Provider ensures this protection through various measures and information mechanisms to ensure the smooth operation of the website and the security of data transmission on it.


Minors

The Provider strongly recommends that all parents and guardians teach their children and wards to handle personal data on the Internet safely and responsibly. 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 it knows to be minors.


RIGHTS OF THE INDIVIDUAL WITH REGARD TO DATA PROCESSING

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

Right to know: the right to know what data we collect about you, for what purposes and for how long, where we obtain your personal data, to whom we disclose it, who else processes it besides us and what your other rights are in relation to the processing of your personal data. You can read all of this in the "Privacy Policy" section, and if you have any further questions, you can contact us at info@bamchocolate.com.

Right to withdraw consent: if you, as an individual, have consented to the processing of your personal data (for one or more specific purposes), you have the right to withdraw your consent at any time, without affecting the lawfulness of the processing of the data carried out on the basis of your consent up to the time of withdrawal. Consent may be withdrawn by written statement sent to info@bamchocolate.com. The withdrawal of consent to the processing of personal data shall not have any negative consequences or sanctions for the data subject. However, it is possible that the controller may no longer be able to provide one or more of its services to the data subject after the withdrawal of the consent to the processing of personal data, if these are services that cannot be provided without the personal data.

Right of access to personal data: as an individual, you have the right to obtain confirmation from the provider (data controller) as to whether personal data relating to you are being processed and, where this is the case, to have access to the personal data and to certain information (on the purposes of the processing, on the types of personal data, on the users, on the retention periods, etc.). The existence of the right to rectification or erasure, the right to restrict and object to processing and the right to lodge a complaint with a supervisory authority, the source of the data if the data was not collected from you, the existence of automated decision-making, including profiling, the reasons for it and the meaning and consequences of such processing for you, and other information in accordance with Article 15 of the GDPR).

Right to rectification of personal data: as an individual, you have the right to have inaccurate personal data concerning you rectified by the provider without undue delay. As an individual, you have the right, taking into account the purposes of the processing, to have incomplete data completed, including by submitting a supplementary declaration.

Right to erasure of personal data: as an individual, you have the right to have personal data relating to you erased by the provider without undue delay, and the provider must erase the data without undue delay where one of the following reasons applies: the data are no longer necessary for the purposes for which they were collected or the data are no longer necessary for the purposes for which they were collected. If you object to processing and there are no overriding legitimate grounds for processing; the data have been unlawfully processed; the data must be erased in order to comply with a legal obligation under EU law or the law of a Member State to which the provider is subject; the data were collected in connection with the provision of information society services. However, as an individual, you do not have the right to have your data erased in the specific cases described in Article 17(3) of the GDPR.

Right to restriction of processing: as an individual, you have the right to have the provider restrict processing where one of the following applies: you contest the accuracy of the data for a period of time that allows the provider to verify the accuracy of the data; the processing is unlawful and you object to the erasure of the data but instead request the restriction of its use; the provider no longer needs the data for the purposes of the processing, but you need the data for the establishment, exercise and defence of legal claims; you have lodged an objection to the processing, pending verification whether the legitimate grounds of the provider override your grounds. Right to data portability:You have the right as an individual to receive personal data relating to you that you have provided to the provider in a structured, commonly used and machine-readable format, and the right to have that data transmitted to another controller without hindrance from the provider to whom the personal data have been provided, where: the processing is based on consent or a contract and the processing is carried out by automated means. In exercising that right to data portability, you have the right as an individual to have your personal data directly transferred from one controller (provider) to another, where technically feasible.

Right to object to processing: As an individual, you have the right, on grounds relating to your particular situation, to object at any time to processing of personal data which is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the provider (point (e) of Article 6(1) of the GDPR) or which is necessary for the pursuit of legitimate interests pursued by the provider or by a third party (point (f) of Article 6(1) of the GDPR), including profiling on the basis of that processing; the provider ceases to process the personal data unless it demonstrates compelling legitimate grounds for the processing which override your interests, rights and freedoms or for the establishment, exercise or defence of legal claims. Where personal data are processed for marketing purposes, the data subject shall have the right to object at any time to processing of data concerning him or her for the purposes of such marketing, including profiling insofar as it is related to such direct marketing; where the data subject objects to processing for direct marketing purposes, the data shall no longer be processed for those purposes. Where data are processed for scientific or historical research purposes, or for statistical purposes, the data subject shall have the right to object, on grounds relating to his or her particular situation, to processing concerning him or her, unless the processing is necessary for the performance of a task carried out for reasons of public interest.

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 in which you are habitually resident, where you work or where the breach is alleged to have taken place (in Slovenia this is the Information Commissioner), if you consider that the processing of your personal data infringes data protection rules.

Without prejudice to any other (administrative or extra-judicial) remedy, you as an individual have the right to an effective remedy against a legally binding decision of the supervisory authority in relation to you, and also in the event that the supervisory authority does not consider your complaint or does not inform you of the status of the case or of the decision on the complaint within three months. The courts of the Member State where the supervisory authority is established have jurisdiction over proceedings against the supervisory authority.

The data subject may address any request concerning the exercise of the rights relating to personal data to the controller, in writing, at info@bamchocolate.com.

For the purposes of reliable identification in the exercise of the rights relating to personal data, the controller may request additional information from the data subject, but may refuse to act only if it demonstrates that the data subject cannot be reliably identified. The controller shall respond to a request from the data subject exercising his or her rights relating to personal data without undue delay and at the latest within one month of receipt of the request.

In the event of a personal data breach, the provider is obliged to notify the competent supervisory authority, except where it is likely that the breach has not jeopardised the rights and freedoms of individuals. Where, in the event of a breach, there is a suspicion that a criminal offence has been committed, the provider is obliged to notify the police and/or the competent prosecutor''s office of the breach. In the event of a breach which may result in a serious risk to the rights and freedoms of individuals, the provider shall inform the data subjects of the breach without undue delay or, where this is not possible, without undue delay. The notification to the data subject must be made in plain and intelligible language.


PUBLICATION OF CHANGES

Any changes to our privacy policy will be posted on this website. By using the website, the individual acknowledges that he or she accepts and agrees to the entire content of this privacy policy.


Andraž Gavez, Director