Data protection policy

Data privacy and your confidence are important to La Fantana, as we protect the privacy and the right to personal data protection of our visitors, customers, prospective customers, employees, prospective employees and collaborators, according to the specific applicable legislation.

We take this very seriously and the present policy is intended to notify you with regard to the collection and use of your personal data, to provide transparency with regard to the processing of incidental data and the right to decide individually upon the use of information disclosed to us.

Starting with the 25th of May, 2018, the legal basis is represented by EU Regulation no. 679/2016 on the protection of natural persons with regard the processing of personal data and the free movement of such data (“Regulation”) and the secondary legislation.

We also specify that we shall use all data and documents made available to us solely for the purpose they have been communicated to us, according to information provided in this policy.

  1. Personal Data processing principles

In accordance with the provisions of the Regulation, La Fantana represents that personal data collected by means of the lafantana.ro website and call centre service are processed in observance of the following principles:

i. Legality, fairness and transparency – data are processed legally, equitably and transparently for the Data Subject;

ii. Purpose limitations– data are collected for determined purposes, explicit and legitimate, and are not processed subsequently in a manner incompatible with these purposes;

iii. Minimization of data – data are adequate, relevant, and limited to the necessary extent compared to the purposes of their processing;

iv. Accuracy – data are accurate and up-to-date, and when they are inaccurate they shall be deleted or rectified without delay, considering the purposes of their processing;

v. Storage limitations – data are kept in a form that allows the identification of Data Subjects for a period that does not exceed the period required to achieve the purposes of data processing; personal data can be stored for longer periods in the extent they are processed solely for archiving purposes of public interest, for scientific research or historical or statistic purposes, provided that appropriate technical and organisational measures are implemented;

vi. Integrity and confidentiality – data are processed in a manner that provides appropriate security for personal data, including protection against unauthorised or illegal processing and against accidental loss, destruction or damage, by the implementation of appropriate technical and organisational measures;

vii. Liability – data shall be processed in observance of the principles above, and La Fantana undertakes the responsibility to demonstrate the compliance of processing.

  1. What data do we collect and how do we process them?

By means of the navigation and use of our webpage and/or our call centre services, depending on the specifics and purpose of each processing, we come into contact with your personal data, which we use according to the description below, where we will refer, according to article 13 of the Regulation, to (a) purposes of personal data processing, (b) legal grounds of such processing; (c) categories of targeted personal data; (d) recipients or categories of recipients of personal data, as applicable; (e) if the transfer of personal data to a recipient in a EU third country or international organisation is incidental; (f) the period of storage of personal data or, if this is not possible, the criteria used to establish this period; (g) your rights as Data Subject.

A. Newsletter

With the advertising purpose of notifying you with regard to news, actions, events, services, and similar products of La Fantana and the brand names held by us and to meet your needs, we collect your e-mail address based on your express consent, expressed by the active checking of the accept box, as legal grounds for the processing of personal data. The data provided by the subscription to our newsletter shall be transferred to our contractual partner Mailchimp, a provider of direct mailing to the benefit of La Fantana. You may withdraw your consent at any time by accessing the link made available in each commercial communication e-mail and such withdrawal will have effects for the future. Collected data shall be kept until when you withdraw your consent on the receipt of commercial communications from La Fantana and subsequently for another period necessary to be able to document the withdrawal of the consent and synchronisation of information contained in internal systems, according to the legal provisions and the applicable data retention policy, as applicable.

B. Contact

In order to be able to communicate with you and answer your requests, within the Contact section we collect, based on the legitimate interest or on the execution of the agreement as legal grounds for the processing of personal data, data such as the name, surname, e-mail address, telephone number, which shall be processed internally by our colleagues able to provide you with the best answers to your requests. The collected data shall be kept for different periods, depending on the content of your request and the concrete need to hold such data.

C. Careers

In order to extend our team depending on the vacant jobs with La Fantana and based on the legitimate interest as legal grounds for the processing of personal data, we collect your personal data specified in your résumé, which may refer to name, surname, postal address, e-mail address, phone number, date of birth, education, professional training, preferences, personality traits, hobbies, which shall be processed within La Fantana by the Human Resources department.

The collected data shall be kept throughout the recruiting process, following to be deleted when the recruitment is closed without you being accepted and thus becoming a member of La Fantana team. Should you agree to being contacted subsequently with regard to vacant positions in La Fantana by the active checking of the consent box, your data shall be kept for a period of 6 more months from the closure of the application period. In this latter circumstance, you may withdraw your consent at any point by clicking on this link.

D. Website navigation

In order to improve your experience with the navigation on our website, but also with our products and services, as well as to provide you with offers depending on the interests shown by the navigation on the lafantana.ro website and to identify and prevent security risks, based on your formal agreement expressed by the active checking of the accept box displayed in the cookie pop-up window when accessing the website, we use types of data such as analysis information (by third analysis tools such as Google Analytics, Tag Manager, Double Click and Facebook, which help us to evaluate the traffic and website use trends), cookie modules and similar technologies, information in the log files, device identifiers, metadata, tracking, profiling, network and connection data, online identifiers, device operations, device characteristics. For further information, including on the storage period of this type of data, please access the Cookie Policy section.

In order to withdraw the consent with future effects, you can access this link.

E. My Account

In order to access My Account platform, make and manage orders, as well as to perform the contractual relationship with La Fantana, by means of accessing My Account, based on the execution of the agreement as legal grounds for the processing of your personal data, we collect personal data such as the name, surname, e-mail address, phone number, client number, which shall be processed internally by our colleagues responsible for the management of the La Fantana customer relationship.

The data of the Customer/ User/ Purchaser payment card shall not be accessible nor stored by www.lafantana.ro, but only by the institution that authorised the Transaction or another entity authorised to provide storage services for card identification data, with regard to whose identity the Client/ User/ Purchaser shall be notified prior to entering his/her data.

Collected data shall be retained until the expiry of the contractual relationship and another additional period of 10 years after the expiry of the contractual relationships, for reasons of accounting and exercise of legal rights, should it become necessary.

At the same time, we specify that the lafantana.ro website is developed and hosted by our partner Zitec, a recipient of data provided by means of this page, and the data is stored on servers located in Romania.

F. Call centre

In order to maintain contact with you and answer your requests in real time, on the grounds of legitimate interest and execution of the agreement as legal grounds for the processing of personal data, we collect your personal data, which may refer to name, surname, postal address, e-mail address, telephone number, voice, which shall be processed within the company by our colleagues able to provide the most appropriate answers to your requests, inclusively for the establishment of your user account, in case you are a La Fantana customer, according to section E above.

Collected data shall be retained for the standard period of 3 months, and in case that considering the nature of the request, the legitimate interest or the exercise of a right, they shall be retained for different periods, depending on the concrete necessity, following to be deleted when their storage shall no longer be justified.

G. Orders

In order to create the user account, for access, placement and management of your orders and for the performance of the contractual relationship with La Fantana, we process, based on the grounds of the execution of the agreement, on legitimate interest or legal obligation, as legal grounds for the processing of personal data such as name, surname, e-mail address, telephone number, which shall be used internally by our colleagues responsible for the management of relationships with La Fantana customers.

Collected data shall be retained until the expiry of the contractual relationship and for another additional period of 10 years subsequent to the expiry of the contractual relationship, for reasons of accounting and exercise of legal rights, should it become necessary.

H. Mobile application

In order to ensure accurate stock keeping and to reduce financial losses, based on the legal grounds for processing of legitimate interest we are processing data regarding the time you receive La Fantana products (delivered quantity, date and time of goods receipt, your holographic signature laid using the stylus on the mobile device screen, your or your designated contact person’s phone number and your potential overdue payments). Via the mobile application we will collect in holographic form: your name and signature or those of the person you designated to approve delivery / installation or removal of La Fantana products. Furthermore, your email and postal address will be processed in order to send you in printout or electronic format documents such as: delivery note and invoices, which will contain your name and signature collected at the time of receiving La Fantana products. Signature applied using the stylus shall be temporarily stored on the mobile device only until it is confirmed that you have receieved the aforementioned documents via email or Romanian Post. Upon such confirmation they are removed from mobile devices and are stored on La Fantana servers throughout our contractual relationship span, as well as beyond the termination of our contract, solely for bookkeeping / tax reporting purposes as well as for exercise of legal rights if required.

Processing such data also serves the purpose of ensuring that our contractual obligations towards yourself as customer have been observed and fulfilled.

I. Competitions/ Campaigns

In order to organise La Fantana competitions/campaigns and identify the winners in order to contact and award them their prizes, based on the legal grounds for the processing of personal data of legitimate interest and legal obligation, we collect your personal data, which may refer to name, surname, postal address, e-mail address, telephone number, images, voice, which shall be processed by our colleagues from La Fantana, advertising agencies and/or contractual partners involved in the organisation and performance of competitions/ campaigns.

The data of participants who have not been declared winners shall be retained for the standard storage period of 3 months, and in case of data of winners, for various periods, according to the provisions of accounting and fiscal legislation, following to be erased when their storage shall no longer be justified.

J. Background check external services providers

In the process of verifying the solvency of existing and potential contractual partners, we use the services of specialized companies that provide us with aggregate data obtained from public sources such as the Official Gazette of Romania, Part IV, public databases hosted by: (i) the portal of the Romanian courts of law (portal.just.ro), (ii) the National Agency for Fiscal Administration (www.anaf.ro), (iii) the National Bank of Romania – Central of Payment Incidents (www.bnr.ro/Centrala-Incidentelor-de-Plati-(CIP)-718), and from the database of the National Trade Registry Office (www.onrc.ro).

For cases when personal data are used to conduct the prospecting activity, only data relating to the company’s phone number and e-mail address will be processed in a limitative manner.

The basis of processing the personal data mentioned in this section I (Background check external services providers) is the legitimate interest of La Fantana in initiating or maintaining commercial relationships with solvable entities that also observe the applicable laws.

Potential clients have the possibility to request, at the first contact with the representatives of La Fantana, the cessation of any personal data processing. In this case, La Fantana will no longer process your personal data and will delete any personal data about you. The cessation of processing may also be requested after the first contact, insofar as there are no other grounds for such processing.

In case of existing clients, the basis of processing is both the execution of the contract and the legitimate interest of La Fantana. The collected data will be kept until termination of the contractual relationship and for additional period of 10 years after termination for accounting purposes and for the exercise of the legal rights, if this is necessary.

The personal data processed through the external providers of prospecting services are: last name, first name, professional e-mail address and telephone number declared for professional purposes, date and place of birth, citizenship, sex, shareholding in the share capital of the contacted legal entities, position/capacity held within the contacted entities, affiliates and data on criminal convictions, as shown by the public records mentioned above.

K. Other data recipients

For the purposes above, La Fantana may disclose personal data, as applicable and in a justified manner, to other third parties such as:

  • providers of marketing services;
  • providers of courier services/Romanian Post;
  • providers of payment/banking services;
  • providers of website management/maintenance services;
  • providers of other services, entities that provide assistance to La Fantana for the processing of data as data processors, public authorities, based on and within the limits of the legal provisions and pursuant to express requests.
  1. Links to other internet pages

The lafantana.ro website contains links to other webpages, such as magazin.lafantana.ro, kafune.ro, and youtube.com. The present policy is only valid for the lafantana.ro webpage. Please consider the relevant data protection policy for the magazin.lafantana.ro website.

We shall not be held liable for the foreign content made available by means of links and marked as such. La Fantana is exonerated from liability with regard to the illegal content, the presentation of erroneous or incomplete information, as well as for damages generated by the use or non-use of information within such websites.

  1. Your rights related to your Personal Data

i. The right of access

The Data Subject is entitled to obtain from La Fantana a confirmation that Personal Data related to him/her are processed or not, together with a copy of the Personal Data subject to such processing. For any other copies requested by the Data Subject, La Fantana may charge a reasonable tax, based on administrative costs.

ii. The right to rectification

The Data Subject is entitled to obtain from La Fantana, without undue delay, rectification of his/her inaccurate Personal Data.

Considering the purposes of data processing, the Data Subject is entitled to obtain the supplementation of Personal Data that are incomplete, inclusively by the provision of an additional statement.

iii. The right to erasure

The Data Subject is entitled to obtain the erasure of Personal Data related to him/her, without undue delay, unless they are under the incidence of one of the circumstances specified by the Regulation, which allows the denial to erase such data.

iv. The right to restriction of processing

The Data Subject is entitled to obtain from La Fantana the restriction of processing in the following cases:

  • The Data Subject challenges the accuracy of data, for a period which allows La Fantana to check the accuracy of data;
  • The processing is illegal, but the Data Subject opposes the erasure of Personal Data, and requests in exchange the restriction of processing of Personal Data;
  • La Fantana no longer needs the Personal Data for processing, but the Data Subject requires them for the acknowledgement, exercise or defence of a right in the court of law;
  • The Data Subject opposed the processing for the period of review whether the legitimate rights of the data controller prevail upon those of the Data Subject.

v. The right to data portability

The Data Subject is entitled to receive the Personal Data regarding him/her, which he/she provided to La Fantana in a structured format, used currently and which can be read automatically and is entitled to submit such data to another operator, without any hindrance from the Data Controller that had been provided the Personal Data, in case that:

  • processing is based on consent; or
  • processing is based on an agreement; or
  • processing is performed by automated means.

vi. The right to oppose

At any moment, the Data Subject is entitled to oppose, for reasons related to his/her particular circumstance, the processing of his/her data, including the profiling based on the respective directives, unless there are legal directives that provide otherwise.

When the processing of personal data is aimed at direct marketing, the Data Subject is entitled to oppose at any moment of the processing of his/her Personal Data at any moment, including the profiling, in the extent that it is related to the respective direct marketing.

vii. The right to not be subject to individual decision

The Data Subject is entitled to not be subject to a decision based solely on automated processing, including profiling, which generates legal effects on the Data Subject or which similarly affect him/her in a significant extent, being entitled to request and obtain:

  • the withdrawal or voidance of any decision that generates legal effects in his/her regard, adopted solely based on processing performed by automated means, intended to evaluate some of his/her personality traits, such as professional competence, credibility, behaviour or any other aspects;
  • re-assessment of any decision made in his/her regard, which affects him/her significantly, if the decision has been adopted solely based on processing according to the conditions of the above paragraph.

viii. The right to refer matters to the court and/or contact the National Supervisory Authority for Personal Data Processing at the following address B-dul G-ral. Gheorghe Magheru 28-30, Sector 1, 010336, Bucharest, Romania, or email address anspdcp@dataprotection.ro

 

  1. How to exercise your rights

You can exercise the rights mentioned above by means of a written application, sent online to the e-mail address protectiadatelor@lafantana.ro. In order to avoid the provision of information to unauthorised persons, according to the internal procedure for the settlement of such requests, the applicant can be requested additional information in order to review his/her identity/interest/representation rights.

The application shall be settled within maximum one month following the receipt. This period can be extended by two months when necessary, considering the complexity and number of applications, La Fantana providing only information on any such extension, within one month following the receipt of the application, also indicating the reasons for such delay.

Should the Data Subject lodge an application in electronic format, information are supplied in electronic format where possible, except for the circumstances where the Data Subject specifies a different format.

Should it take no measures with regard to the application of the Data Subject, La Fantana will provide a notification to the Data Subject, without delay and within maximum one month following the receipt of the application, with regard to the reasons why measures will not be taken and to the possibility to lodge a complaint with one of the supervisory authorities and to the use of any remedy at law.

Information are made available free of charge. Should the applications of a Data Subject be obviously excessive or unsubstantiated, particularly due to their repetitive characteristics, La Fantana may:

  1. either charge a reasonable tax considering the administrative costs for the provision of information or notification or for the implementation of required measures;
  2. deny the said application.
  1. Safety measures for data processing

All information collected by means of the lafantana.ro website is processed in observance of the principles mentioned above, added with technical and organisational measures, which allow the traceability and transparency on the processing of your data. With regard to the data processors through which Personal Data can be processed, La Fantana takes the necessary measures to ensure that they meet the legal requirements with regard to data protection and meet relevant standards, and that data can be accessed by a limited number of persons, restricted to those who are in a real need to know for their performance of contractual obligations.

In principle, the accessing of databases and files/platforms require the authentication by ID and password, and the servers where they are hosted are located in Romania are managed accordingly.

 

 

  1. Contact data

Should you have any further questions on this policy, please feel free to contact us at the contact data below:

La Fantana

Bd-ul Garii Obor nr 8C, sect 2, Bucharest, Romania

protectiadatelor@lafantana.ro