The confidentiality agreement

Last update:  january 2020

1. General information

 The confidentiality of your personal data represents one of the main concerns of SC. SIMEX SA.  with headquarters in Simleul Silvaniei, Cehei 100 Street, 455300, Salaj, Romania, as a data operator.

This documents intends to inform you regarding the processing of your personal data, in the context of using the website mobilasimex.ro. (“The Website”).

1. The categories of processed personal data

II.1. If you are one of the Sites client, SIMEX will process your personal data as, name and surname, telephone, e-mail address, billing address, delivery address, data which refer on how you use the Site, for example: your behavior/ preferences/ habits within SIMEX, as well as any other categories of data that you provide directly when creating an user account, in the context of placing and order through the Site, or in any other manner resulting the use of the Website.

If you use your Facebook or Google account when creating a user account on the Website, SIMEX will process your following public data from the mentioned apps: username, e-mail address.

In case you choose to create your user account only before completing the order for a product available on the Website, your e-mail address will be required based on which a new account will automatically be created. If you don’t finalize the order, e-mail address and the other provided data will not be stored by SIMEX and the created account will be automatically deleted.

II.2.  If you visit the Website, SIMEX will process your personal data, the ones you directly provide when using the Website, as the data you provide in the contact section/ questions/ reclamations, depending on how you contact us.

• Purposes and fundamentals of processing

III.1. If you are one of the Websites client, SIMEX will process your personal data as following:

• for carrying out the contractual relationship between you and SIMEX, respectively for taking, validating, sending and invoicing the order placed on the Website, informing you regarding the status of the order, organizing the return of ordered products, etc.

Basis: The processing of your data for this purpose is based on the contract between you and SIMEX, defined in the Terms and Conditions.

The provision of your personal data is necessary for the performance of this contract. Refusal to provide data may result in the impossibility of carrying out contractual relations between you and SIMEX.

• for the fulfillment of the legal obligations which will make SIMEX responsible in the context of the provided services through the Site, including the obligations in fiscal and archiving matters as well.

Basis: The processing of your data for this purpose is required on the basis of legal obligations. Providing your data for this purpose is required. The refusal to provide the data may result in the impossibility of SIMEX to comply with the legal obligations incumbent on it and therefore in the impossibility of offering you the services through the Website.

• for marketing activities, respectively for the transmission, through the means of communication (e-mail, sms) of commercial communications regarding the products and services offered by SIMEX, through the Website.

Basis:  The processing of your data for this purpose is based on your consent, if you choose to provide it.

You can express your consent for the processing of the data for this purpose by checking the appropriate box from the moment of creating the account, or after creating the account, in the section My account information. To unsubscribe from receiving such business communications you can use the option at the end of each email / sms containing business communications. In addition, you can unsubscribe by accessing the section My Account Information.

Providing your data for this purpose is voluntary. Refusal to provide consent for the processing of your data for this purpose will have no negative consequences for you.

• for the purpose of carrying out various analyzes, reporting the functioning of the Website, making profiles of consumer preferences, mainly, the improvement of the experience offered on the Website.

Basis: The processing of your data for this purpose is based on SIMEX’s legitimate interest in permanently improving the customer experience on the Website. Providing your data for this purpose is voluntary. Refusal to provide data for this purpose will have no negative consequences for you.

III.2. If you are a visitor of the Website, SIMEX will process your personal data as following:

• for marketing activities, respectively for the transmission, through the means of communication (e-mail, sms) of commercial communications regarding the products and services offered by SIMEX, through the Website.

Basis:  The processing of your data for this purpose is based on your consent, if you choose to provide it.

You can express your consent for the processing of the data for this purpose by completing and checking the appropriate box in the form for subscribing to the newsletter available on the Website. To unsubscribe from receiving such commercial communications you can use the option at the end of each email/sms containing commercial communication.

Providing your data for this purpose is voluntary. Refusal to provide consent for the processing of your data for this purpose will have no negative consequences for you.

• to resolve complaints, to monitor traffic and improve your experience offered on the Website.

Basis: The processing of your data for this purpose is based on the legitimate interest of SIMEX in ensuring the correct functioning of the Website, as well as in order to permanently improve the experience of the visitors, including by solving the various comments, questions or complaints.

Providing your data for this purpose is voluntary. Refusal to provide consent for the processing of your data for this purpose will have no negative consequences for you.

1. Duration of your data processing

In principle, SIMEX will process your personal data as much as necessary to achieve the processing purposes mentioned above.

If you are a customer, we will process your data for the entire duration of the contractual relations and subsequently according to the legal obligations that are incumbent on SIMEX (for example: in case of the financial-accounting supporting documents for which the retention period provided by the law is 10 years from the end of the financial year when they were drawn up).

If you are a customer and you exercise the option to delete the user account, by pressing the Delete Account button in the My Account Information section, SIMEX will interpret this action as your option to unsubscribe from receiving commercial communications through which we keep the knowledge about the products and services offered through the website. In this case, if you choose to delete your user account, we will no longer send you emails and/sms regarding this matter. However, we would like to inform you that deleting your account will not automatically delete your personal data. If you do not wish to process your personal data or you wish to delete your data, you can exercise your rights detailed in chapter VII stated below. If you request the deletion of the account, but there is at least one active order on it, the request for deletion of the account can be registered only after the delivery of the products and the completion of the last active order.

If you withdraw your consent for the processing of data for marketing purposes, SIMEX will cease processing your personal data for this purpose, without affecting the processing carried out by SIMEX based on your consent before withdrawing it.

1. Disclosure of personal data

For the purposes of processing, SIMEX may disclose your data to partners, third parties or entities that support SIMEX in carrying out the activity through the Website (for example: courier companies, IT service providers), or to central / local public authorities, in the following stated cases:

• for Website administration;
• in cases where this communication would be necessary for the awards or other facilities to the data subjects, obtained as a result of their participation in various promotional campaigns organized by SIMEX through the Website;
• for maintaining, personalizing and improving the Website and the services performed through it;
• for performing data analysis, testing and research, monitoring usage and activity trends, developing safety features and user authentication;
• for the transmission of commercial marketing communications, under the conditions and limits provided by law
• when the disclosure of personal data is provided by the law, etc.

1. Transfer of personal data

The personal data provided to SIMEX can be transferred outside Romania, but only to states of the European Union.

• The rights you benefit

Under the conditions provided by the legislation regarding the processing of personal data, as data subjects, you benefit from the following rights:

• the right of information, respectively the right to receive details regarding the processing activities carried out by SIMEX, as described in this document;
• the right of access to the data, respectively the right to obtain confirmation from SIMEX regarding the processing of personal data, as well as details on the processing activities such as the way the data are processed, the purpose for which the processing is performed, the recipients or the categories of data recipients, etc;
• the right to rectification, respectively the right to obtain the correction, without justified delays, by SIMEX of the inaccurate / unjustified personal data, as well as the completion of the incomplete data. The rectification / completion will be communicated to each recipient to whom the data were transmitted, unless this proves impossible or involves disproportionate efforts;
• the right to delete the data, without undue delay, (“the right to forget”), if one of the following reasons applies:
• these are no longer necessary for the fulfillment of the purposes for which they were collected or processed;
• if the consent is withdrawn and there is no other legal basis for processing;
• if the data subject opposes the processing and there are no legitimate reasons to prevail;
• if personal data have been processed illegally;
• where personal data must be deleted in order to comply with a legal obligation;
• personal data have been collected in connection with the provision of information society services according to Union law or national law where the operator is located.

It is possible that, following the request for deletion of data, SIMEX will anonymize these data (lacking such personal character) and continue in these conditions the processing for statistical purposes:

• the right to restrict the processing to the extent that:
• the person disputes the accuracy of the data, during a period that allows us to verify the correctness of the data;
• the processing is illegal, and the data subject opposes the deletion of personal data, requesting instead the restriction of their use;
• the operator no longer needs the personal data for the purpose of processing, but the data subject requests them for finding, exercising or defending a right in court;
• the data subject opposed the processing (other than the direct marketing ones), for the period of time in which it is verified if the legitimate rights of the operator prevail over those of the data subject.
• the right to data portability, respectively (i) the right to receive personal data in a structured way, commonly used and in an easy-to-read format, and (ii) the right to have this data transmitted by to SIMEX to another data operator, as long as the conditions provided by law are fulfilled;
• the right to oppose – regarding the processing activities it can be exercised by sending a request according to the ones indicated below:
• at any time, for particular reasons in which the data subject is located, that the data concerning him / her are processed on the basis of the legitimate interest of SIMEX or on the basis of the public interest, unless SIMEX can prove that he has legitimate reasons and imperatives that justify processing and prevail over the interests, rights and freedoms of the data subjects or that the purpose is to find, exercise or defend a right in court;
• at any time, free of charge and without justification, that the data aimed at it are processed for direct marketing purposes.
• the right not to be subjected to an automatic individual decision, respectively the right not to be the subject of a decision taken solely on the basis of automatic processing activities, including the creation of profiles, which produce legal effects that concern the person concerned or affect it in a similar way to a significant extent;
• the right to address to the National Supervisory Authority for the Processing of Personal Data or the competent courts, if you consider it necessary.

For any further questions regarding how the personal data is processed and to exercise your rights mentioned above, please contact us at the email address: office@simex.ro.

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