Terms of Personal Data Processing

These terms of personal data processing (hereinafter referred to as the  Terms) describe the way in which the company  Cacaofé s.r.o., with its registered office at L. Square. Fullu 1665/2, 01008 Žilina,  IČO 52 069 630, registered in the Commercial Register of the District Court Bratislava III Section Sro, entry no. 133054/B (hereinafter referred to as Companyor we) processes your personal data for the purpose of providing our services, consisting of selling and distributing nutritional supplements, sportswear and exercise accessories through the online store further only  Services) on the website www.kakawco.sk (hereinafter referred to as  Website), as well as through other means of distance communication.

 

The Company is responsible for the processing of personal data pursuant to 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, repealing Directive 95/46/EC [hereinafter referred to as the "GDPR"] and Act No. 18/2018 Coll. on the protection of personal data and on amendments and supplements to certain laws as currently in force [hereinafter referred to as “Act No. 18/2018 Coll.”].

 

The Company has adopted all appropriate technical and organizational measures to ensure the protection of personal data.

 

“Personal data”: data relating to an identified natural person or an identifiable natural person who can be identified, directly or indirectly, in particular by reference to a generally applicable identifier, another identifier such as a name, surname, identification number, location data, or an online identifier, or by reference to one or more characteristics or features specific to his or her physical identity, physiological identity, genetic identity, psychological identity, mental identity, economic identity, cultural identity or social identity. identity.

 

“Processing of personal data”: any operation or set of operations which is performed on personal data or on sets of personal data, in particular collection, recording, organisation, structuring, storage, alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure, whether or not by automated means.

 

WHAT INFORMATION DO WE COLLECT? AND FOR WHAT PURPOSE?

We collect the following personal data about you (hereinafter referred to as Personal Data) depending on how and to what extent you use our Website and/or Services:

1. Information necessary for registration and access to the Website

For the purpose of registering on our Website and subsequently logging in to our Website and accessing our personalized services on We process the following personal data on the Website: (i) your name, (ii) surname and (iii) e-mail.

 The processing of this data is necessary for the performance of a contract to which you and are parties. The legal basis for the processing of this information is Article 6(1)(b) GDPR.

 

2. Information necessary for the provision of the Services

For the purpose of providing our Services (i.e. [delivery of goods ordered by you / provision of services purchased by you]), we process the following personal data: (i) your name, (ii) surname, (iii) address, (iv) e-mail, (v) telephone number and (vi) information about your payment card (in particular card number, expiry date and CVV code).

 The processing of this data is necessary for the performance of a contract to which you and we are parties. The legal basis for the processing of this information is Article 6(1)(a) of the GDPR. (b) GDPR.

3. Information collected for marketing purposes

In order to receive our newsletters and/or leaflets, information about discounts, updates, improvements and offers and other marketing materials in the form of emails, SMS messages or postal items and/or notifications, we process your: (i) name, (ii) surname, (iii) email, (iv) telephone number and (v) address.

We process these personal data based on your explicit consent. The legal basis for processing this information is Article 6(1)(a) of the GDPR. (a) GDPR.

 If you decide that you are no longer interested in receiving such messages, you have the right to withdraw your consent by clicking on the hyperlink directly in the e-mail communication and/or available here: https://gymbeam.sk/newsletter/manage/. Withdrawing consent may result in you not receiving notifications about discounts, updates, improvements and offers. It is not possible to withdraw consent to receive emails containing notifications related to the provision of the Services. 

 

4. Information obtained when you use our Website

In order to continuously improve our Services, develop your user experience when using our Website, we process information related to: (i) your computer, (ii) visits to or use of our Website and/or our Services (including your IP address, geographical location, type and version of your browser/operating system, source links, length of visit to the pages viewed and movements on our Websites or any similar information that the Company may obtain directly or indirectly from third party providers), (iii) generated during your use of our Website and/or Services or which are generated in the course of using our Services (including the timing, frequency and pattern of use of the Website).

We process this personal data based on your explicit consent. The legal basis for processing this information is Article 6 paragraph 1 letter a. (a) GDPR.

 

5. Information obtained when leaving your comment / rating

In order to leave a rating or publish a comment on our Website, we will process the personal data that you leave with the rating / comment on our Website. We will process your: (i) name, (ii) surname, (iii) alias that you specify when leaving a comment / rating and (iv) any other data that you decide to include in the rating / comment.

We process this personal data based on your explicit consent. The legal basis for processing this information is Article 6(1)(a) GDPR.

6. Information obtained when communicating with us

In order to communicate with us for any reason (for example, support when using the Website/Services, complaints, solving any problems, etc.), we will process the following personal data: (i) your name, (ii) surname, (iii) address, (iv) e-mail, (v) telephone number, (vi) communication content, (vii) metadata associated with the communication and (viii) ) any other necessary data that you decide to include in the communication.

The processing of this data is necessary for the performance of a contract to which you and we are parties. The legal basis for the processing of this information is Article 6(1)(b) GDPR.

 

7. Information obtained during the complaint procedure

During the complaint procedure based on your complaint about goods or services provided by us, we will process personal data, primarily in the scope of  (i) name, (ii) surname, (iii) e-mail, (iv) telephone number, (v) address and (vi) IBAN.

 

The processing of this personal data is necessary to fulfill our legal obligation, in particular under Act No. 250/2007 Coll. on Consumer Protection, as amended by Act No. 40/1964 Coll. Civil Code. The legal basis for processing this information is Article 6(1)(c) of the GDPR.

 

ON WHAT OTHER BASES CAN WE PROCESS YOUR PERSONAL DATA?

In addition to the above, we have the right to process your Personal Data for the purpose of fulfilling our legal obligations pursuant to Article 6(1)(c) of the GDPR or to protect our legitimate interests pursuant to Article 6(1)(a) of the GDPR. (f) GDPR, for example for fraud prevention, network and information security and direct marketing purposes.

We will process your Personal Data in accordance with applicable law and will protect your Personal Data against misuse and/or unlawful disclosure.

 

 

HOW DO WE SHARE YOUR PERSONAL DATA?

In order to provide our Website and/or Services (and if necessary in light of the circumstances), we may provide (and you agree to) your Personal Data with such provision) in accordance with the principle of minimization only to a limited group of persons, namely to our employees, subcontractors, officers, consultants, sales representatives, suppliers or affiliated persons of the Company and Service Providers to the extent that it is reasonable and necessary to achieve the purpose set out in these Terms, in particular to the following persons:

(i) Global Payments s.r.o., organizational unit, with its registered office at Vajnorská 100/B, 831 04 Bratislava, Company ID: 50 010 301, entered in the Commercial Register of the District Court Bratislava I, Section: Po, File No. 3016/B

(ii) Slovenská pošta, a.s., with its registered office at Partizánska cesta no. 9, 975 99 Banská Bystrica, Company ID: 36 631 124, registered in the Commercial Register of the District Court of Banská Bystrica, Section: Sa, File No. 803/S

(iii) Packeta Slovakia s. r. o., Kopčianska 3338/82A, 851 01 Bratislava

(iv) Meta Platforms Ireland Limited, 4 Grand Canal Square, Grand Canal Harbour, Dublin, D02X525, Ireland

(v) Google Ireland Limited (registration number: 368047), with registered office at Gordon House, Barrow Street, Dublin 4, Ireland

(vi) Heureka Group, a.s. Karolinská 706/3, 186 00 Prague

(vii) Glami, Inspigroup s.r.o., Újezd ​​450/40, 118 00 Prague 1 - Malá Strana, Czech Republic

(viii) Dognet, Lead Media, s.r.o. Karpatská 6, 81105 Bratislava, Slovakia

(ix) Adyen N. V., PO Box 10095, 1001 EB Amsterdam, Netherlands

 

 

Furthermore, we may disclose your personal data:

(i) to the extent required by applicable administrative regulations,

(ii) in connection with any ongoing or future legal proceedings or

(iii) for the purpose of establish, exercise or defend our legal rights (including providing your Personal Data to third parties for the purpose of fraud prevention and minimizing payment risks).

 

 

Information on the basis of which you are not identifiable: We may provide your Personal Data, which does not identify you (including anonymous data about the use of our Website and/or Services, referring/exit pages and URLs, platform types, number of clicks, etc.) to third parties who have an interest in such information, in order to understand how they use certain services.

 

 

We do not share your Personal Data, which allows you to be identified or located, with third parties for direct marketing purposes.

 

 

We may allow certain third parties to publish advertisements and marketing information on our Website. Such third parties use technology that sends offers or links to offers directly to your browser, which are then displayed as part of the website you are viewing. In such a case, they automatically receive information about your IP address. They may also use other technologies (e.g. cookies, JavaScript or web beacons) that measure the effectiveness of their advertisements and also personalize the content of the advertisements displayed to you. We do not provide such third parties with information that would allow them to personalize the data obtained in this way. Please note that if an advertiser asks us to display an advertisement to a specific group of customers and you respond to such advertisement, such advertiser or ad server may infer that you are a member of the group they are trying to reach. These terms are not intended to govern your relationship with any third party that uses the technologies described above. For more information, please read the terms and conditions of processing personal data of such advertisers.

 

 

DO WE TRANSFER YOUR PERSONAL DATA TO THIRD COUNTRIES?

The personal data we collect may be stored or otherwise processed and transferred within the countries in which we conduct our business activities in order to achieve the purpose of the processing set out in these Terms. For the same purpose, your data may be transferred between Member States of the European Union or the European Economic Area and countries which, according to the European Commission, guarantee a level of protection of personal data as published from time to time by the Office for Personal Data Protection on its website: https://dataprotection.gov.sk/uoou/sk/content/prenos-do-krajin-zarucujucich-primeranu-uroven-ochrany

 

 

HOW LONG WILL WE PROCESS YOUR PERSONAL DATA?

If it is not in the applicable legal regulations, we have the right to process your Personal Data in a form that allows you to be identified for the period necessary to achieve the purpose for which the Personal Data was provided (this may include the period during which you visit our Website or use our Services and/or for the entire period during which the purpose of processing the Personal Data lasts), unless otherwise stated, in the following duration:

1. Information necessary for registration and access to the Website

We will process the data necessary for registration and access to the Website from the date of your registration on the Website until  lang="sk-SK">30 days from the day you cancel your registration. We will process the data during this period (i.e. 30 days from the cancellation of your registration) only for the purpose of terminating the contractual relationship between us and you that arose from your registration on the site, resolving any disputes that arose from this title and protecting any of our legitimate interests).

2. Information necessary for the provision of the Services

We will process the data necessary for the provision of the Services from the day you ordered the Service until its demonstrable provision (i.e. until the day the goods are delivered to you and the price is paid).

3. Information obtained for marketing purposes

We will process the data obtained for marketing purposes from the day you provide us with your consent to such processing until the day you (i) withdraw your consent or (ii) cancel your registration on Website.

4. Information obtained when you use our Website

We will process the data obtained for marketing purposes from the day you provide us with your consent to such processing until the day you (i) withdraw your consent or (ii) cancel your registration on the Website.

5. Information obtained when you leave a comment / rating

We will process the data obtained for marketing purposes from the day you provide us with your consent to such processing processing until the day you (i) withdraw your consent or (ii) cancel your registration on the Website.

6. Information obtained when communicating with us

We will process the data obtained when communicating with us from the day we obtain it until the day your request resulting from the e-mail communication is not fulfilled.

 

6. Information obtained during the complaint procedure

Data obtained in during the complaint procedure, we will process it from the day you provide it to us during the archiving period required by specific legal regulations and supervisory authorities.

We have the right to process your personal data for a longer period than stated above, if necessary (i) for the purposes of fulfilling our legal obligations, (ii) in order to demonstrate, exercise or defend our legal rights (including providing information to third parties for the purpose of preventing fraud and minimizing payment risks).

 

 

HOW CAN YOU WITHDRAW YOUR CONSENT?

You can withdraw your Consent at any time based on your own decision via email or telephone contact which can be found here: contactus@kakawcoplus.com, +421 948 961 481 . Withdrawal of consent does not affect the lawfulness of the processing of personal data based on consent before its withdrawal.

 

WHAT ARE YOUR RIGHTS AND OBLIGATIONS?

You have the right:

To access your Personal Data

In particular, to request information about:

• the purposes of processing Personal Data,
• the categories of personal data processed,
• the recipients to whom the Personal Data are provided and
• both storage of your Personal Data,
• to request from us the correction of personal data concerning you, their erasure or restriction of their processing, or the right to object to the processing of personal data,
• the right to file a motion to initiate proceedings on the protection of personal data before the Personal Data Protection Office,
• the sources of personal data, if the personal data were not obtained from you.

 

 The Company will promptly provide you with your personal data that it processes, in a manner that meets your requirements. We may charge a reasonable fee corresponding to the administrative costs for the repeated provision of personal data requested by you.

 
Correction of Personal Data

If you become aware that we are processing your incorrect Personal Data, please inform us of this fact and we will correct such incorrect data without undue delay.You also have the right to request the completion of incomplete personal data.

Erasing Personal Data (Right to be Forgotten)

We will delete your Personal Data in the event that: (i) the Personal Data are no longer necessary for the purpose for which they were collected, (ii) you withdraw your consent to the processing of personal data under the conditions set out in these Terms, (iii) you object to the processing of Personal Data, (iv) we have acquired your Personal Data unlawfully, (v) we are legally obliged to erase your Personal Data, or (vi) the Personal Data were obtained in connection with the offer of information society services.

In the event of erasure of personal data at your request, we will also take appropriate security measures to inform other controllers who process your personal data of this request so that these controllers delete links to these personal data and copies or transcripts of them.

Restriction of processing of Personal Data

You have the right to restrict the processing of your Personal Data if: (i) you contest the accuracy of the Personal Data and for a period allowing you to verify their accuracy, (ii) the processing of your Personal Data is unlawful and you object to the erasure of the Personal Data instead of restricting their use, (iii) we no longer need your Personal Data for the purposes of the processing, but you need them to assert a legal claim or (iv) you object to the processing of the Personal Data and pending verification of whether the legitimate reasons on our part outweigh your legitimate interests.

If the processing of personal data has been restricted, in addition to storage, we only process personal data with your explicit consent or for the purpose of asserting a legal claim, for the protection of individuals or for reasons of public interest.

 
Portability of Personal Data data

You have the right to receive from us your Personal Data processed by us in a structured, commonly used and machine-readable format for the purpose of transmitting these Personal Data to another controller.

 

Object to the processing of Personal Data

You have the right to object to the processing of Personal Data  for the purpose of direct marketing, including profiling to the extent that it is related to direct marketing.

Initiate proceedings before a supervisory authority

If you suspect that your rights related to the protection of your Personal Data have been violated, you have the right to file a motion to initiate proceedings before a supervisory authority – the Personal Data Protection Office pursuant to Section 100 et seq. of Act No. 18/2018 Coll.

 

 

DO WE USE AUTOMATED DECISION-MAKING AND PROFILING? HOW DOES IT WORK?

To provide our Services we do not use: (i) automated individual decision-making (i.e. we collect your Personal Data, which is subsequently evaluated by technical means, without any human intervention. Subsequently, based on such evaluation, we continue to provide you with our Services) and (ii) profiling (i.e. we collect and evaluate your Personal Data as well as data about your behavior on our Website for the purpose of classifying you into a certain group of people and subsequent analysis and prediction of your interests, further behavior, etc.).

 

DO WE PROCESS CHILDREN'S PERSONAL DATA?

We consider the protection of your children's privacy to be particularly important. For this purpose, we do not knowingly collect any personal data from persons under the age of  16 . If you are under  16 , please do not send us any of your Personal Data, including your name, home address, telephone number or email address. No person under the age of 16 is authorized to provide their Personal Data on the Website. If we discover that any Personal Data we process relates to a person under the age of 16 and we have not received the consent of the legal representative of such person, we will delete such Personal Data without delay. If you suspect that we may be processing information from or about individuals under the age of 16, please contact us at +421 948 691 481.

 

HOW DO WE PROCESS FINANCIAL TRANSACTIONS?

All financial operations and transactions electronically carried out on our Website or in connection with our Services will be processed through the online payment service providers Global Payments s.r.o., organizational unit, Tomášikova 48, 831 04 Bratislava. The terms and conditions of processing personal data of such providers can be found here: https://www.globalpaymentsinc.com/sk-sk/gdpr. We will provide your Personal Data to online payment service providers only to the extent necessary to process payments you make through our Website, to refund such payments and to resolve complaints and inquiries related to such payments and refunds.

 

HOW DO WE WORK WITH THIRD-PARTY WEBSITES?

Our Website contains hyperlinks and details of third-party websites.

We have no control over and are not responsible for the processing conditions and privacy practices of third parties.

 

 

DO YOU HAVE ANY OTHER QUESTIONS?

If you would like to contact us regarding the processing of your personal data, including if you would like to exercise any of the rights set out in  these Terms, please contact us by email at: contactus@kakawcoplus.com or by phone at +421 948 691 481.

 

 

HOW DO WE UPDATE OUR PERSONAL DATA PROCESSING TERMS?

We reserve the right to change these Terms. If we change the Terms or processes, we will post these changes on the Website so that you are always aware of what information we collect, how we use it, and under what circumstances we may provide it to a third party. It is important that you regularly review these Terms to ensure that you are aware of any changes.

 

 

WHAT COOKIES DO WE USE?

A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser on your mobile device or computer for the purpose of identifying you (usually based on anonymous identifiers). The identifier is then sent back to the server whenever the browser requests a page from the server in order to identify your visit to a particular page, the list of advertisements you have responded to, the type of browser you are using and also to remember the data you have entered into or on our Website.

 

 

We use cookies to personalize the content and advertisements that you see, to enable the use of social media functionalities and to analyze traffic. We provide information about your use of our Website to our social media, advertising and analytics partners, who may combine this data with other information you have provided to them or obtained from your use of their services.

 

 

We use cookies to adapt to your needs, to distinguish you from other users, to prevent ads from being displayed in your browser that are not interesting to you and to avoid having to repeatedly log in to our Website.

We use either "permanent" or "temporary" cookies: permanent cookies will be stored in your in your web browser until their specified expiration date, unless you delete them before that date; temporary cookies, on the other hand, expire when you close your web browser.

 

 

We also use third-party cookies: Third-party cookies are cookies that are set by a site other than our Website. For example, social media "Like" buttons placed on their website. Such a button may download cookies that can be read by the operator of these social media. The purpose of these third-party cookies is usually to collect certain information for the purpose of research in the field of behavior, demographics and, last but not least, for the purpose of conducting targeted marketing.

 

 

Cookies usually do not contain information that could identify you, but your Personal Data that we store may be linked to the data that is obtained and stored from cookies.

Technical cookies: We use technical cookies to ensure that our online store functions properly (e.g. so that you can create a user profile, log in to it and purchase goods and services). Without them, our online store would not be able to function at all.

 

Functional cookies: so that you do not have to constantly log in and do not have to constantly set your preferences (e.g. setting the language in which our online store is displayed to you), functional cookies help you. In this case, your password is always encrypted. Using these cookies is not necessary, but it will significantly make your visit to our online store more pleasant and easier.

 

Analytical cookies: analytical cookies help us improve our online store, which in turn benefits you. Analytical cookies on our website are collected by a script from Google Inc., which then anonymizes this data. After anonymization, it is no longer personal data, because anonymized cookies cannot be assigned to a specific user or a specific person. We only work with cookies in an anonymous form. Therefore, we cannot determine from cookies how a specific user behaved on our website (which pages they visited, which products they viewed, etc.).

 

We also use information from these cookies for advertising purposes, when based on this data we can also show you advertising on other websites that we consider relevant to you.

 

Please note that blocking and/or deleting cookies may have a negative impact on your ability to use the Website and/or Services.

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