Privacy policy

Privacy policy and information on the processing of personal data

(hereinafter referred to as the "Policy")

I. Introductory provisions

1. This Policy has been elaborated in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (GDPR). The purpose of this Policy is to provide Participants with basic information regarding the processing of personal data.

2. For the purposes of this Policy:

1. 1. the Operator means company TI S TĚMA AUTÍČKAMA s.r.o., ID No. 291 45 023, with registered office at U Kuchyňky 180/2, Podklášteří, 674 01 Třebíč, Czech Republic, registered in the Commercial Register maintained by the Regional Court in Brno, under file No. C 129920, e-mail: info@menscrisis.com
   2. the Participant is a natural person who discloses or makes available to the Operator his/her personal data;
   3. Personal data: name and surname, residential address, email address, telephone number, identification number of the natural person conducting business and tax identification number of the natural person conducting business.

The Operator, as the controller of the Personal Data, hereby informs about the manner and scope of processing of the Personal Data, including the scope of the Participant's rights related to the processing of the Personal Data.

3. The Operator operates the website https://www.shop.menscrisis.com/, which includes an e-shop. Within this service, Personal Data is processed by the Operator:

1. to the extent that they have been provided in connection with
   • ordering the Operator's products or services, or in the context of negotiating a contract with the Operator, as well as in connection with the concluded contract;
   • the registration of the Participant on the Operator's website; or
   • consent to receive newsletters,
2. for the purpose(s) set out below.

4. The Operator is the controller of the Personal Data. Personal Data is further processed on the basis of your consent, the legitimate interests of the Operator or to fulfill the purpose of the contract concluded with you also by these entities:

• • involved in the delivery of goods / services / execution of payments under the contract,
  • providing e-shop operation services and other services in connection with the operation of the e-shop,
  • providing marketing services,
  • administrative bodies, authorities and organisational units of the state as provided for by applicable legislation.

II. Purpose of processing Personal Data

1. The Operator processes Personal Data for the following purposes:
2. to ensure the conclusion and subsequent performance of a contractual obligation between the Operator and the Participant (Article 6(1)(b) GDPR). Other legal obligations arise from such relationship and the Operator must process Personal Data for this purpose as well (Article 6(1)(c) GDPR);
3. for marketing purposes, including the sending of newsletters, in order for the Operator to best tailor the offer of its products and services and commercial communications about them to the Subscriber's needs, for which purpose the controller obtains the Participant's unambiguous consent (Article 6(1)(a) GDPR;
4. for the purpose of registration of the Participant, i.e. access to the user interface of the e-shop designed for registered Participants to provide individual discounts, offers, manage and track orders and facilitate contracting with the Operator, for which purpose the controller obtains the Participant's unambiguous consent (Article 6(1)(a) GDPR;
5. to protect Operator’s legitimate interests (Art. 6(1)(f) GDPR), which are the proper and timely performance of the agreed contractual obligation between the Operator and the Participant, the fulfilment of the legal obligations arising for the Operator from the contractual relationship between the Operator and the Participant, the protection of the Operator's reputation as a webmaster and the protection of the Operator's proprietary interests for possible litigation.

III. Personal Data Protection and Processing Information

1. Rights of Participants are governed also by Act No. 110/2019 Coll., on the processing of personal data, as amended (ZZOO) and other relevant legislation.
2. The Participant acknowledges that by submitting or disclosing Personal Data, the processing of Personal Data by the Operator will commence.
3. If the Participant does not provide his or her Personal Data, it is not possible to conclude a contract with the Operator or to provide him or her with the services resulting from it. In this context, Personal Data is necessary for the provision of a specific service or product of the Operator.
4. Providing Personal Data to the Operator is generally a contractual and legal requirement. With respect to the provision of Personal Data for purposes other than the fulfilment of the contractual and legal obligations or the protection of the legitimate interests of the Controller, consent is required from the Participant. Failure by the Participant to give consent to the Operator to process Personal Data for such purposes does not mean that the Operator will refuse to provide any of its services as a result.
5. Personal Data will be processed during the period of negotiations for the conclusion of a contract between the Operator and the Participant, for the purpose of concluding the contract, as well as for the duration of the contractual relationship or for the period specified in the consent.
6. In case of conclusion of a contract according to the Operator's Terms and Conditions, Personal Data will be processed and stored for the following 36 months in case of a dispute concerning the relationship between the Operator and the Participant, in order to protect the legitimate interests of the Operator.
7. For the purpose of fulfilling the legal obligation to archive accounting documents on the basis of Act No. 563/1991 Coll., on Accounting, as amended, Personal Data (except for email address and telephone number) will be further processed and stored for a period of 5 years starting from the year following the year in which the contract between the Operator and the Participant was concluded.
8. After the expiration of the period referred to in Article III, paragraph 5, paragraph 6 and paragraph 7, the Operator shall destroy the Personal Data.
9. The Participant is obliged to provide only true and accurate Personal Data to the Operator.
10. The Operator shall make every effort to prevent unauthorised processing of Personal Data.
11. Participants' Personal Data can be transferred to third parties, to a third country or to an international organisation.
12. Personal Data is and will be processed in electronic form in a non-automated manner.
13. The Participant acknowledges that their Personal Data is stored and processed in data centres and by entities in third countries (countries outside the European Union) whose operations comply with European data protection standards.

IV. Participant's rights related to processing

1. The Participant has the right to withdraw his/her consent (where the processing of Personal Data is based on consent) to the processing of the Personal Data provided at any time. However, withdrawal of consent to the processing of Personal Data is not possible to the extent and for the purposes of the performance of a legal obligation by the Operator. Withdrawal of consent shall not affect the lawfulness of processing based on consent given prior to its withdrawal. Withdrawal of consent also does not affect the processing of Personal Data that the Controller processes on a legal basis other than consent (i.e. in particular if the processing is necessary for the performance of a contract, legal obligation or for other reasons specified in applicable law). Consent can be withdrawn by sending the withdrawal to the Operator's registered office address or by using the link in the email communication.

2. The Participant has also right to:

a. To be informed about the processing of his Personal Data

1. The Participant is entitled to request information from the Operator as to whether or not Personal Data is being processed. If Personal Data are processed, the Participant has the right to request information from the Operator, in particular, about the identity and contact details of the Operator, its representative and, where applicable, the Data Protection Officer, about the purposes of the processing, about the categories of Personal Data concerned, about the recipients or categories of recipients of Personal Data, about the legitimate interests of the Operator, about the list of the Participant's rights, about the possibility of contacting the Data Protection Authority, about the source of the Personal Data processed and about automated decision-making and profiling.
2. If the Operator intends to further process the Participant's Personal Data for a purpose other than that for which it was obtained, it shall provide the Participant with information about that other purpose and other relevant information prior to that further processing.

b. Request from the Operator access to his Personal Data

1. The Participant shall be entitled to request from the Operator information as to whether or not his/her Personal Data are processed and, if so, to access information on the purposes of the processing, the categories of Personal Data concerned, the recipients or categories of recipients, the period of retention of the Personal Data, information on the Participant's rights (rights to request from the Operator rectification or erasure, restriction of processing, to object to such processing), the right to lodge a complaint with the Data Protection Authority, information on the source of the Personal Data, information on whether automated decision-making and profiling is taking place and information regarding the procedure used as well as the significance and expected consequences of such processing for the Participant, information and safeguards in the event of transfer of Personal Data to a third country or an international organisation. The Participant has the right to be provided with copies of the Personal Data processed. However, the right to obtain such copy shall not adversely affect the rights and freedoms of others.

c. To rectify the Personal Data provided

1. If there is a change in the Participant’s address, telephone number or other fact that can be considered Personal Data, the Participant has the right to request the controller to correct the Personal Data processed. In addition, the Participant has the right to have incomplete Personal Data completed, including by providing an additional statement.

d. To delete the Personal Data provided

1. In certain specified cases, the Participant has the right to request that the Operator erase the Participant's Personal Data. Such cases include, for example, that the processed data is no longer necessary for the aforementioned purposes. The Operator deletes the Personal Data automatically after the expiry of the period of necessity, but the Participant may contact the Operator at any time with his request. The Participant's request will then be subject to individual assessment (despite the Participant's right to delete, the Controller may have an obligation or legitimate interest to retain the Participant's Personal Data) and the Participant will be informed in detail about the processing of the request.

e. On the restriction of the processing of Personal Data

1. The Operator shall process the Participant's Personal Data only to the extent strictly necessary. However, should the Participant feel that the Operator, for example, exceeds the purposes for which it processes Personal Data as set out above, the Participant may submit a request that his/her Personal Data be processed solely for the strictly necessary lawful purposes or that the Personal Data be blocked. The Participant's request will then be subject to an individual assessment and the Participant will be informed in detail about the processing of the request.

f. Lodge a complaint with the Data Protection Authority

1. The Participant may at any time contact the supervisory authority, namely the Office for Personal Data Protection, located at Pplk. Sochor 27, 170 00 Prague 7, website https://www.uoou.cz/, with a complaint regarding the processing of Personal Data.

3. In the event that the Participant believes that the Operator is processing his Personal Data in a way that is contrary to the protection of his private and personal life or in violation of the relevant legal regulations, in particular if the Personal Data is inaccurate with respect to the purpose of its processing, he/she may:

1. ask the Operator for an explanation by email to info@menscrisis.com.
2. object to the processing and request, by e-mail to info@menscrisis.com, that the Operator ensure that the situation thus arising is remedied (e.g. by blocking, correcting, supplementing or destroying the Personal Data). The Operator shall promptly decide on the objection and inform the Participant. If the Operator does not comply with the objection, the Participant has the right to contact the Office for Personal Data Protection directly. This provision is without prejudice to the right of the Participant to address his/her complaint directly to the Office for Personal Data Protection.

4. The Participant may exercise the above rights in writing at the registered address of the Operator at U Kuchyňky 2/180, 674 01 Třebíč, or electronically at info@menscrisis.com.

5. If the Participant requests information about the scope or manner of processing of his/her Personal Data, the Operator is obliged to provide him/her with this information immediately, but no later than one month after receiving the request at the Operator's address.

6. If the Participant exercises the right to access Personal Data in electronic form, the Operator shall also provide the requested information in electronic form, unless the Participant requests a different method of providing the information.

7. In the event of repeated and unjustified requests for the provision of a physical copy of the Personal Data processed, the Operator shall be entitled to charge a reasonable fee for the administrative costs involved.

8. Personal Data is not automatically evaluated.

V. Consent to receive the NEWSLETTER

By ticking the box you give your explicit consent to the Operator to process your following personal data in accordance with the GDPR and the ZZOO:

• Name and surname
• Email

which we have obtained directly from you for the following purposes of the Operator, carried out by the Operator itself or persons authorised by it:

• Sending commercial communications and newsletters containing information about events organized by the Operator, discounts, new goods and various other news or sales,
• marketing processing in order to adapt the offer of products and services to your needs and to improve the quality of services.

This consent is granted for an indefinite period of time, until the consent is withdrawn.

This consent is voluntary and may be revoked at any time by sending a revocation in an email to info@menscrisis.com.

You acknowledge that withdrawal of consent does not affect the lawfulness of the processing of personal data based on consent prior to its withdrawal.

By ticking the box you confirm that:

• you have read this document, that you have fully understood it and that the personal data you have provided is accurate, true and complete
• the consent is given by the person concerned who has reached the age of 16. If the person concerned is under 16 years of age, such processing of personal data is lawful only on the condition and to the extent that such consent has been given or authorised by his or her legal representative. The controller shall be entitled to request additional data in order to verify that the legal representative of the person concerned has given or authorised consent to the processing of personal data, taking into account the available technology.

VI. Final Provisions

1. All legal relations arising in connection with the processing of Personal Data shall be governed by the laws of the Czech Republic, regardless of where the access to the Personal Data was made. The Czech courts are competent to resolve any disputes arising in connection with the protection of privacy between the Participant and the Operator.
2. Participants who provide their Personal Data through the registration form for the purpose of concluding a contract with the Operator or provide consent to the processing of Personal Data do so voluntarily, on their own behalf and the Operator does not control their activities in any way.
3. The Operator may change or supplement the wording of the Policy. The Operator shall inform the Participants of any such change by e-mail at least 30 days before the changes take effect.
4. This Policy shall take effect on June 1, 2023.