Mestellér János sole entrepreneur (hereinafter: Data Controller), as the operator of the website (hereinafter: Website) available under www.kazarbazar.com domain name, hereby publishes the information on data processing within the framework of the Website and the webshop related to the Website (hereinafter: Webshop).
By connecting to the website, users visiting the website (hereinafter: User) accept all terms and conditions included in this Privacy Notice (hereinafter: Notice) and therefore you are requested to carefully read this Notice before using the website.
- Data Controller’s data
The data controller is Mestellér János sole entrepreneur.
Registered office: 2654 Romhány, Kossuth út 105. Hungary
E-mail address: firstname.lastname@example.org
- Processed data
The User may provide their data on the registration interface in order to be able to use the Webshop. During registration the following personal data may be provided (all data marked with an * are compulsory):
- full name*;
- user name*;
- e-mail address*;
- When purchasing in the Webshop
If the User selects one of the products on the Website, User can enter their data in the purchase interface in order for the Data Controller to be able to fulfil its order. During the purchase the following personal data may be provided (all data marked with an * must be provided):
- full name*;
- invoicing address (country, town, street, house number, postcode)*;
- delivery address (country, town, street, house number, postcode)*;
- e-mail address*;
- in case of a legal entity, name and e-mail address of the contact person;
- phone number*;
- TAX number.
- User Account
Following registration, the system creates the User Account of the User, containing the following data:
- User’s data provided during registration,
- data related to the User’s previous orders.
During the use of the User Account, the User can track their orders, enter the data required for the purchase, and modify the entered data.
- Complaint handling
- in case of a written complaint:
- postal address or e-mail address;
- subject and content of the complaint.
- in the case of a verbal complaint or a verbal complaint communicated by telephone, if the complaint could not be remedied immediately, the Data Controller shall take a minute containing the following information:
- place, date, method, subject and content of the complaint;
- individual ID of the complaint.
- Registration for Newsletter:
On the Website User can register for the Newsletter of the Data Controller. In the course of registration for the newsletter, the following personal data must be provided:
- full Name*
- e-mail address*;
In the interface available under the Contact menu item on the Website, the User can enter their data in order to receive information and make comments on the services offered on the Website and the activities of the Data Controller (hereinafter: Contact). During Contact the following personal data can be *provided (all data marked with an * are compulsory data):
- full name*;
- e-mail address*;
On the Website User can contact the Data Controller using the chat conversation of Facebook Messenger. In this case Data Controller may access to the Facebook profile of the User if it is public. The conversation will be recorded by the Data Controller.
Only persons aged over 18 may provide data on the Website.
- Purpose and duration of data processing
The Data Controller uses the data for the following purposes in relation to the supply of services available through the website:
- In the course of Registration on, and use of, the Website (purchase): The purpose of data processing to provide the services of the Website, such as the registration and fulfilment of the contract concluded for the purpose of the purchase, to deliver the products and to contact with the Users in connection with the purchase;
- In case of creating a User Account: the data stored in the User Account, the management, modification, deletion of purchases, the use of the data to facilitate the ordering on the Website.
- In the case of complaint handling: The purpose of data processing is to handle complaints received by the Data Controller verbally, by phone, in writing and via e-mail, and to document the User’s identity, the exact time of the complaint and the content of the complaint, as well as the Data Controller’s information about the complaint for the purpose of retrieval.
- When contacting: The purpose of data processing is to provide information related to the Data Controller’s services and activities, including contacting and communicating with the User interested in the services provided by the Data Controller, informing Users and handling remarks related to the Data Controller’s activities.
- In the case of registration for the Newsletter: to send an electronic newsletter and promotion messages on the offers, services, products, special offers, promotions and prize games related to the Data Controller and its activities to the e-mail address provided by the User (hereinafter jointly referred to as Newsletter).
- Purpose and duration of data processing
The Data Controller shall process the personal data during the existence of the purpose of the data processing or for the period prescribed by law as the following:
- In the case of registration: data are processed until the User requests the erasure of the data or withdraws the consent to the processing of their personal data.
- In the case of purchase submitted through the Website: Data Controller processes the necessary data in accordance with Section 6:22 of Act V of 2013 on the Civil Code in order to enforce the obligations and rights arising from the contract concluded between the User and the Data Controller for 5 (five) years after the purchase. Furthermore, pursuant to Section 169 of Act C on Accounting (hereinafter: Accounting Act), the Data Controller shall retain the name and address of the User on the accounting document for 8 years, solely for the purpose of fulfilling the accounting obligation.
- In the case of complaint handling, the Data Controller is obliged to retain the report on the verbal complaint, the written complaint and the answer to it for 5 (five) years pursuant to Section 17/B of Act CLV of 1997 on Consumer Protection.
- In the case of contact: data are processed for a maximum of 30 days from the end of the bilateral communication between the Data Controller and the User, or until the User requests the erasure of their data or withdraws their consent to the processing of their personal data.
- In the case of sending a Newsletter: Data Controller processes the personal data until the User withdraws their consent to receive Newsletters.
The personal data shall be erased immediately when the purpose of data processes ceases to exist, after the expiry of the deadline indicated in this section, or at the request of the User.
- Legal ground of processing personal data
In the course of Registration, using the User Account, contacting and subscribing to the Newsletter, Users consent to the processing of their personal data by the Data Controller in compliance with this Notice. Processing of personal data is based on the voluntary and explicit consent of the User granted being aware of this Notice. The User has the right to withdraw their voluntary consent at any time.
With regard to personal data processed during the purchasing in the Websop, the legal ground for data processing is the performance of the contract concluded between the User and the Data Controller, the enforcement of the rights and obligations arising from the contract pursuant to Article 6 (1) e) of the GDPR. The legal ground for data processing related to an accounting document is the statutory provision ordering mandatory data processing, i.e., Section 169 of the Accounting Act.
In the case of complaint handling, the legal ground for data processing is Section 17/B of the Act CLV of 1997 on Consumer Protection.
Users may only specify their own personal data on the Website. If they do not provide their own personal data, the User providing data is obliged to obtain the consent of the data subject.
- Parties eligible for accessing personal data, data processing
The Data Controller and the Data Processor employed by it are entitled to have access to personal data in compliance with the provisions of effective laws and regulations.
The data are processed on contract with the Data Controller by the following data processor(s):
- Mestellér János
The purpose of data processing is the hosting service required for the operation of the Website.
The Data Controller reserves the right to involve other data processors in data processing in the future, and to inform the Users about it by amending this Notice.
Without an expressed statutory provision, the Data Controller may transfer to third parties data suitable for personal identification only with the explicit consent of the particular user.
- User rights
Access to personal data
Upon the request of the User, the Data Controller shall provide information on whether or not their personal data are being processed by the Data Controller, and where that is the case, shall grant them access to the personal data, and shares the following information:
- the purpose(s) of the processing;
- the categories of personal data concerned;
- the legal ground and recipient(s) in the event of transferring the personal data of the User;
- the envisaged processing period;
- the User’s rights relating to the rectification, erasure and restriction of processing of the personal data, as well as the option to object to personal data processing;
- the possibility of lodging a complaint with a supervisory Authority;
- the data source;
- relevant information on profiling;
- the name, address of the processors and their activities related to data processing.
The Data Controller shall provide the User with a copy of the personal data undergoing processing free of charge. For any further copies requested by the User, the Data Controller may charge a reasonable fee based on administrative costs. Where the User makes the request by electronic means, the information shall be provided in a commonly used electronic form, unless otherwise requested by the data subject.
The Data Controller is obliged to provide the information at the request of the User in an intelligible form without undue delay, but no later than within one month from the submission of the request. The User may submit their request for access through the contact channels specified in Section 1.
Rectification of processed data
The User may request the Data Controller (at the contact details specified in Section 1) to rectify inaccurate personal data or the supplementation of incomplete data, taking into account the purpose of data processing. The Data Controller shall fulfil the rectification requirement without undue delay.
Erasure of processed data (right to be forgotten)
The User may request the Data Controller to erase their personal data without undue delay, the Data Controller shall be obliged to erase the personal data concerning the data subject without undue delay, if any of the following criteria is fulfilled:
- the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed;
- the User withdraws its consent and here is no other legal ground for the processing;
- the User objects to the processing of your personal data;
- the personal data have been unlawfully processed;
- the personal data have to be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject;
- the personal data obtained based on consent was collected with the provision of services relating to the information society to children.
Where the Data Controller has made the personal data public (made it available to a third party) and are obliged to erase them pursuant to the above, the Data Controller shall take into account the available technology and the cost of implementation, shall take reasonable steps to inform data controllers who are processing the affected personal data that the User has requested them to erase any links to, or copy or replication of those personal data, as well as to erase any duplicate copies.
Personal data are not required to be erased when data processing is necessary:
- for exercising the right of freedom of expression and information;
- for compliance with a legal obligation which requires processing of personal data by Union or Member State law to which the controller is subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
- for reasons of public interest in the area of public health;
- for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in so far as the right to erasure is likely to render impossible or seriously impair the achievement of the objectives of that processing; or
- for the establishment, exercise or defence of legal claims.
Restriction of processing
The User has the right to request the Data Controller to restrict the data processing instead of rectifying or erasing personal data if any of the following criteria applies:
- the accuracy of the personal data is contested by the User, in which case the restriction applies for a period enabling the Data Controller to verify the accuracy of the personal data;
- the processing is unlawful and the User opposes the erasure of the personal data and requests the restriction of their use instead;
- the Data Controller no longer needs the personal data for the purposes of the processing, but the they are required by the user for the establishment, exercise or defence of legal claims;
- the User objected to data processing; in such cases the restriction shall only apply to the time period necessary to determine whether the legitimate reasons of the Data Controller override those of the data subject.
Where processing has been restricted, such personal data shall, with the exception of storage, only be processed with the User’s consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or of a Member State.
The Data Controller shall inform the User, at whose request the processing has been restricted, of the lifting of the processing restriction in advance.
Notification obligation regarding rectification or erasure of personal data or restriction of processing
The Data Controller communicates any rectification or erasure of personal data or restriction of processing carried out to each recipient to whom the personal data have been disclosed, unless this proves impossible or involves disproportionate effort. At the request of the User, the Data Controller informs the User about these recipients.
Right to objection
The User has the right to object to the processing of their personal data, if the data processing
- is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the Data Controller;
- is necessary for the enforcement of the legitimate interests of the Data Controller or a third party.
- is based on profiling.
In the event of the User’s objection, the Data Controller shall abandon the processing of the personal data unless the Data Controller proves that the data processing is justified by compelling legitimate grounds which override the User’s interests, rights and freedoms, or are necessary for the establishment, exercise or defence of legal claims.
Measures of the Data Controller in case of the User’s request
The Data Controller shall inform the User without undue delay, but no later than within one month from the receipt of the request, of the measures taken in relation to the access, rectification, erasure, restriction, objection or data portability request. This deadline may, however, be extended by two months if warranted by the complexity of the request or the number of requests. The Data Controller shall notify the User of any such extension within one month of receiving the request; such a notification shall include the reason of the extension. If the User submits the request via an electronic channel, the notification shall preferably be sent to them in an electronic format unless the data subject requests a different format.
If the Data Controller fails to act upon the User’s request they shall notify the User, without delay but no later than within one month of receiving the request, of the reasons of such a failure, and shall also inform the User that they may place a complaint at a supervisory authority, and may seek judicial legal remedy.
Upon the request of the User, the information, notifications and the measures taken on their request shall be provided free of charge. If the User’s request is clearly unfounded or excessive, in particular because of its repetitive nature, the Data Controller may, either charge a reasonable fee taking into account the administrative costs of providing the information or communication or taking the action requested or may refuse to take action in relation to the request. The burden of demonstrating the clearly unfounded or excessive nature of the request falls on the Data Controller.
- Managing and reporting of personal data breaches
All incidents are considered personal data breaches which result in the unauthorised processing or controlling of personal data, in particular unauthorised or accidental access, alteration, disclosure, erasure, loss or destruction of personal data processed, transferred, stored or processed by the Data Controller, or in its accidental destruction or damage.
The Data Controller is obliged to notify the Hungarian National Authority for Data Protection and Freedom of Information (NAIH) of the personal data breach without undue delay, but no later than 72 hours after the detection of the personal data breach, unless, the Data Controller can prove that the personal data breach is unlikely to pose a risk to the rights and freedoms of natural persons. Where such notification cannot be achieved within 72 hours, the reasons for the delay should accompany the notification and information may be provided in phases without undue further delay. The notification to NAIH includes at least the following information:
- the nature of the personal data breach, the number and categories of data subjects and personal data;
- Title and contact information of the Data Controller;
- the likely consequences arising from the personal data breach;
- the measures taken or planned to manage, rectify or remedy the personal data breach.
The Data Controller shall inform the data subjects about the personal data breach via the Data Controller’s website within 72 hours after having become aware of the data breach. The information shall include at least the data specified in this Section.
The Data Controller keeps a record of each personal data breach for controlling the measures taken in relation to the occurring incidents and for providing information to the data subjects. The records contain the following data:
- the scope of the affected personal data;
- the range and number of data subjects;
- the date and time of the personal data breach;
- the circumstances and effects of the personal data breach;
- the measures taken for the prevention of the personal data breach.
The Data Controller keeps the data contained in the record for 5 years from the detection of a personal data breach.
- Data security
The Data Controller undertakes to ensure the security of data and takes all technical and organisational measures, puts into place the procedural rules that ensure the protection of all collected, stored and processed data, as well as preventing the destruction, unlawful use and unlawful alteration of data. The Data Controller also undertakes to call upon each third party to whom data are transferred or transmitted without the Users’ consent to comply with the data security requirements.
The Data Controller shall ensure that no unauthorised persons may access, disclose, transfer, modify or erase the processed data. The processed data may be accessed only by the Data Controller and its employees, as well as the Processor employed by them, and the Data Controller shall not transfer the data to any third party not authorised to have access to them.
The Controller shall take every possible effort to ensure data are not accidentally damaged or destroyed. The Data Controller requires all its employees taking part in data processing activities to assume the above obligations.
The User acknowledges and accepts that in case their personal data are provided on the website, full data protection cannot be guaranteed on the internet despite the fact that the Data Controller has up-to-date security equipment to prevent any unauthorised access to data or the detection thereof. If data are accessed without authorisation or data are obtained despite our efforts, the Data Controller shall not be held liable for the obtaining of data in such a manner or for any unauthorised access to them, or for any damage occurring at the User as a consequence thereof. In addition, the User may also supply personal data to third parties who may use them for unlawful purposes and in an unlawful manner.
- Law enforcement options
The Data Controller shall take all reasonable efforts to process personal data in compliance with the laws and regulations, however, if Users feel that this has not been complied with, they can write using the contact details indicated in Section 1.
If Users feel that their right to the protection of personal data has been violated, they can seek legal remedy in compliance with the applicable laws and regulations at the agencies that have jurisdiction, as
- the Hungarian National Authority for Data Protection and Freedom of Information (address: 1125 Budapest, Szilágyi Erzsébet fasor 22/C.) or
- in court.
The National Media and Infocommunications Authority is responsible for advertisements sent electronically, the detailed rules of which are contained in Act CXII of 2011 on the Right of Informational Self-determination and Freedom of Information and in Act CVIII of 2001 on Electronic Trading Services and Certain Issues Concerning Services in an Information Society.
- Other provisions
This Policy is governed especially by the provisions of Act CXII of 2011 on the Right of Informational Self-determination and Freedom of Information and by the Hungarian law and the Regulation of the European Parliament and of the Council (EU) 2016/679 (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.
Budapest, 2020. 07. 06.