Privacy Policy
We consider ensuring the right to protection of personal data a fundamental commitment of THE SMARKETING AGENCY LLC, therefore we will dedicate all the necessary resources and efforts to process your data in full compliance with Regulation (EU) 2016/679 (the ‘General Data Protection Regulation’ or ‘GDPR’), as well as with any other legislation applicable in Romania. Since one of the key principles of this legal framework is transparency, we have prepared this document through which we wish to inform you about how we collect, use, transfer and protect your personal data when you interact with us in connection with our products and services, including through our website.
We reserve the right to regularly update and modify this Privacy Policy so as to reflect any changes in the way we process your personal data or any changes in legal requirements. In the event of any such change, we will display the modified version of the Privacy Policy on our website, which is why we ask you to check from time to time the content of this Privacy Policy.
Who we are and how you can contact us
THE SMARKETING AGENCY LLC is a legal entity, managed by Pana Adrian as Administrator.
Since we are always open to hearing your opinions, as well as providing you with any additional information you may need regarding the processing of your data, we encourage you to contact us at smarketing.agency.ro@gmail.com or by mail or courier at 313D Splaiul Independentei str., 5th floor, ap. 58, Sector 6, postal code 060032, Bucharest, Romania.
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 request certain information, you provide us with: your e-mail address, phone number, surname and name;
We may also collect and subsequently process certain information regarding your behaviour while visiting our website, in order to customize your online experience and provide you with offers tailored to your profile. Find more details in the section on 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 want to collect or process data from minors under the age of 18.
Purposes and grounds for processing
We will use your personal data for the following purposes:
- To provide services for your benefit.
This general purpose includes the possibility of contacting you to send you any necessary information.
Also, certain processing for these purposes is required by applicable law, including tax and accounting law.
1 To improve our services
We constantly want to offer you the best online booking experience. To this end, we may collect and use certain information related to your Customer behaviour, we may invite you to fill out satisfaction surveys following performance of an order or we may conduct, directly or involving partners, studies and market research.
We base these activities on our legitimate interest to carry out commercial activities, always taking care that your fundamental rights and freedoms are not affected.
2 For marketing
We want to keep you up to date with the best offers for the services that interest you. In this regard, we may send you any type of message (such as: e-mail/SMS/telephone/mobile push/webpush/etc.) that contains general and thematic information, information on products similar or complementary to those you have purchased, information on offers or promotions. To provide you with information of interest to you, we may use certain data regarding your customer behaviour (e.g. photos viewed). We always ensure that these processing operations are carried out in compliance with your rights and freedoms and that decisions made on their basis do not have legal effects on you and do not similarly affect you to a significant extent.
In certain situations, we may base our marketing activities on our legitimate interest to promote and develop our commercial activity. In any situation where we use information about you 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 ask 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.
3 To defend our legitimate interests
There may be situations where we will use or transmit information to protect our rights and business. These may include:
– Measures to protect the website from cyber attacks:
– Measures to prevent and detect fraud attempts, including transmission of information to competent public authorities;
– Measures to manage various other risks.
The general basis for these types of processing is our legitimate interest in defending our commercial activity, it being understood that we ensure that all measures we take guarantee a balance between our interests and your fundamental rights and freedoms.
Also, in certain cases we base our processing on legal provisions such as the obligation to ensure security of goods and values provided for by the applicable legislation in this matter.
How long we keep your personal data
As a general rule, we will store your data for at least 10 years from the first booking. You can always ask us to delete certain information or close your account and we will comply with these requests, subject to the retention of certain information including after the account is closed, in situations where applicable legislation or our legitimate interests require doing so.
To whom we transmit your personal data
As appropriate, 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/telemarketing service providers;
– market research service providers;
– insurance companies;
– IT service providers;
– other companies with whom we can develop joint programs to market our goods and services.
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 on the territory of Romania.
However, certain of your personal data may be transferred to entities located in the European Union or outside it, including in countries that the European Commission has not recognized as having an adequate level of protection for personal data.
We will always take steps to ensure that any international transfer of personal data is carefully managed in order to protect your rights and interests. Transfers to service providers and other third parties will always be protected by contractual commitments and, where appropriate, by other safeguards, such as the standard contractual clauses issued by the European Commission.
You can contact us at any time, using the contact details above, to find out more information about the countries to which we transfer your data, as well as the safeguards we have implemented with respect to such transfers.
How 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, in accordance with industry standards.
Your personal data are transferred using state-of-the-art encryption algorithms and they are stored on secure servers, while ensuring data redundancy.
Despite the measures taken to protect your personal data, we draw your attention to the fact that information transfer through the Internet, in general, or through other public networks, is not completely secure, and there is a risk that data may be seen and used by unauthorized third parties. We cannot be held liable 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 your right to complain to the competent supervisory authority or to go to court. Where applicable, you may also benefit from the right to request deletion of your personal data, the right to restrict processing of your data and the right to data portability.
More information about each of these rights can be obtained by consulting the table below.
To exercise your rights, you can contact us using the contact details 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 e-mail address smarketing.agency.ro@gmail.com. Otherwise, we reserve the right to verify your identity by requesting additional information aimed at confirming your identity.
Fees. We will not charge you a fee to exercise any right regarding your personal data, unless your request for access to information is unfounded, repetitive or excessive, in which case we will charge a reasonable fee. We will inform you of any fees charged before we deal with your request.
Response time. We aim to respond to any valid requests within at most one month, unless this is particularly complicated or if you have made multiple requests, in which case we will respond within at most two months. We will let you know if we need more than one month. We may ask you if you can tell us exactly what you want to receive or what concerns you have. This will help us to act more quickly and shorten the time it takes to respond to your request.
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.
Rights concerned Description Access You can ask us:
- to confirm whether we are processing your personal data;
- to provide you with a copy of this data;
- to provide you with other information about your personal data, such as what data we have, what we use it for, to whom we disclose it, 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 You can ask us to rectify or complete your personal data that are inaccurate or incomplete. We may try to verify the accuracy of the data before rectifying them.
Erasure You can ask us to erase your personal data, but only if:
- they are no longer necessary for the purposes for which they were collected; or
- you have withdrawn your consent (where the processing was based on consent); or you exercise a legal right to object; or it has been processed unlawfully; or we are subject to a legal obligation to do so.
We are not obliged to comply with your request to erase your personal data where 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 obliged to comply with your request to erase your data, although these are the two most likely circumstances in which we would refuse your request
Restriction of processing You can ask us to restrict the processing of your personal data, but only where:
- their accuracy is contested (see rectification section), to allow us to verify their accuracy; or the processing is unlawful but you do not want the data to be erased; 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.
Data portability You may ask us to provide you with your personal data in a structured, commonly used and machine-readable format, or you may request that they be ‘ported’ directly to another data controller, but in each case only if: processing is based on your consent or on conclusion or performance of a contract with you; and processing is carried out by automated means.
Objection You may object at any time, on grounds relating to your particular situation, to processing of personal data based on our legitimate interest, where you consider that your fundamental rights and freedoms override this interest. You may also object at any time to the processing of your data for direct marketing purposes (including profiling), without giving any reason, in which case we will cease such processing as soon as possible.
Automated decision-making You may request not to be subject to a decision based solely on automated processing, but only where that decision:
- produces legal effects concerning you; or similarly significantly affects you.
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 supervisory authority for data protection are as follows: National Authority for the Supervision of Personal Data, 28-30 G-ral. Gheorghe Magheru ave., Sector 1, postal code 010336, Bucharest, Romania. Telephone: +40.318.059.211 or +40.318.059.212; E-mail: anspdcp@dataprotection.ro. Without prejudice to 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.
- We remind you that you can contact us at any time with data protection by sending your request in any of the following ways:
– by e-mail to the address: smarketing.agency.ro@gmail.com; or
– prin poștă sau curier la adresa: Bucuresti, strada Amilcar C Sandulescu nr 6-10, et. 3, ap 33, sector 6, Romania.
Societatea comercială THE SMARKETING AGENCY S.R.L. este înregistrată la Autoritatea Nationala de Supraveghere a Prelucrarii Datelor cu Caracter Personal cu nr 12335 din data: 21/07/2022.
