DATA PROTECTION AND COOKIE NOTICE
Personal Data Protection Principles and Instructions provided by the operator to the data subject when obtaining personal data from the data subject and notification about cookies on the energy-pouch.eu online store.
I. Operator
1.1. The Operator’s identity and contact details are:
Business name: Smokeless Future s.r.o.
Registered office: Hlavná 22, Štúrovo 943 01, Slovak Republic
Registered with the District Court of Nitra, Section Sro, Insert number 56562/N
Company ID (IČO): 54415951
Tax ID (DIČ): 2121655140
VAT number (IČ DPH): SK2121655140
Bank account: SK1311000000002944127198
1.2. The Operator’s email and telephone details are:
Email: smokelessfuture.sro@gmail.com
Tel. No.: +421948190665
1.3. The Operator’s corresponding address is:
Fullpost – SMF, Svätého Štefana 10, 943 01 Štúrovo, Slovak Republic
1.4. In accordance with Article 13(1) and (2) of the 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 (General Data Protection Regulation) (hereinafter as “Regulation”), as well as in accordance with Act No. 18/2018 Z.z. on the protection of personal data and on the amendment of certain acts in force, and Act No. 452/2021 Z.z. on electronic communications as in force, the Operator hereby provides the data subject (Buyer) from whom the Operator (Seller) obtains personal data concerning them, with this information notice and explanation:
II. Links
2.1. These Personal Data Protection Principles and Instruction form part of the General Business Terms and Conditions published on the Seller’s website.
2.2. In accordance with section 3, subsection 1, letter n) of Act No. 102/2014 Z.z., the Seller informs the consumer that there are no specific applicable codes of conduct to which the Seller has committed to adhere. Codes of conduct refer to agreements or sets of rules defining the behavior of the Seller, who has committed to comply with such codes of conduct in relation to one or more specific commercial practices or business sectors, provided that they are not stipulated by law or other legal regulations or measures of public administration authorities that the Seller has committed to comply with, and indicating how consumers can become acquainted with them or obtain their wording.
III. Protection of personal data and the use of cookies. Notice and explanation of cookie files, scripts, and pixels.
3.1. The Operator of the website provides this brief clarification of the function of cookie files, scripts, and pixels:
3.1.1. Cookie files are text files that contain a small amount of information downloaded to your device when you visit a website. These files allow the website to retain information about your steps and preferences (such as login name, language, font size, and other display settings) for a certain period of time so that you do not have to enter them again during your next visit to the website or when browsing its individual pages.
Scripts are parts of a program code used for a proper and interactive functioning of websites. This code runs on the Operator’s server or on your device.
Pixels are small, invisible text or image elements on a website used to monitor website visits. In order to enable this, various data are stored through pixels.
3.1.2. Cookies are categorized as follows:
Technical or functional cookies – ensure the proper functioning and use of the Operator’s website. These cookies are used without consent.
Statistical cookies – the Operator obtains statistics regarding the use of its websites. These cookies are used only with consent.
Marketing/advertising cookies – used for creating advertising profiles and similar marketing activities. These cookies are used only with consent.
3.2. How to control cookie files:
3.2.1. You can control and/or delete
cookie files at your discretion – see details on the website aboutcookies.org. You can delete all cookie files stored on your computer or other device, and most browsers can be set to prevent their storage.
3.3. The Operator’s website uses the following cookie files:
All cookie files used by the Operator can be found on the website https://www.cookieserve.com by entering the Operator’s website address: https://energy-pouch.eu
Technical or functional cookies – the Operator of the website has access to this information. The cookies have a lifespan of 5 years.
Statistical cookies – the Operator of the website has access to this information. The cookies have a lifespan of 5 years.
Marketing and advertising cookies – the Operator of the website has access to this information. The cookies have a lifespan of 5 years.
3.3.1. Cookies accessed by third parties:
Google analytics, Google ADS: Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland. For more information on privacy protection, please visit https://support.google.com/analytics/topic/2919631?hl=en&ref_topic=1008008
Facebook Pixels: Facebook Ireland Ltd. 4 Grand Canal Square, Grand Canal Harbour Dublin 2, Ireland. For more information on privacy protection, please visit https://www.facebook.com/about/privacy/
IV. Processed personal data
4.1. The Operator processes the following personal data on its website: name, surname, address, email address, home phone number, mobile phone number, billing address, delivery address, data obtained from cookie files, IP addresses.
V. Contact details of the responsible person for personal data protection
5.1. The Operator has appointed a responsible person for the protection of personal data in accordance with Regulation 2016/679 on the protection of individuals with regard to the processing of personal data and on the free movement of such data. Contact:
Email: smokelessfuture.sro@gmail.com,
Tel. No.: +421948190665
5.2. The Operator is also the Seller within the meaning of the term defined in the General Business Terms and Conditions of this website.
VI. Purposes of the processing of personal data of the Data Subject and duration of personal data processing
6.1. The purposes of processing the personal data of the Data Subject include:
6.1.1. Record keeping, creation, and processing of agreements and customer data for the purpose of concluding agreements with third parties.
6.1.2. Processing of accounting documents and documents related to the business activities of the Operator.
6.1.3. Compliance with legal regulations regarding the archiving of documents and records, for example Act No. 431/2002 Z.z., the Accounting Act, as in force, and other relevant regulations.
6.1.4. Activities of the Operator in connection with the fulfillment of requests, orders, agreements, and similar institutions of the Data Subject.
6.1.5. Newsletter, marketing, and similar advertising activities of the Operator. In case of the Data Subject granting consent to the Operator for marketing and similar advertising activities.
6.2. The Operator retains the personal data of the Data Subject only for the necessary period required for the performance of the agreement and their subsequent archiving in accordance with legal deadlines imposed on the Operator. In the event that the Data Subject has consented to receiving promotional emails and similar offers, the personal data of the Data Subject will be processed for these purposes until the Data Subject withdraws their consent. However, the maximum duration is 10 years.
VII. Legal basis for the processing of personal data of the Data Subject
7.1. If the Operator processes personal data based on the consent of the Data Subject, such processing will only commence after the Data Subject has granted their consent.
7.2. In the event that the Operator processes personal data of the Data Subject for the purpose of pre-contractual relations, the conclusion and performance of a purchase agreement, and the related delivery of goods, products, or services, the Data Subject is obliged to provide personal data for the proper performance of the purchase agreement. Otherwise, the performance cannot be ensured. Personal data for this purpose are processed without the consent of the Data Subject.
VIII. Recipients or categories of recipients of personal data
8.1. The recipients of personal data of the Data Subject will or may include:
8.1.1. Operator’s statutory bodies or their members.
8.1.2. Persons employed or engaged in a similar relationship with the Operator.
8.1.3. Business representatives of the Operator and other persons cooperating with the Operator in task fulfilment. For the purposes of this document, all individuals performing dependent work for the Operator based on an employment contract or agreements for work performed outside of employment shall be considered employees of the Operator.
8.1.4. The recipients of personal data of the Data Subject also include the partners, suppliers, and contractual partners of the Operator including but not limited to: accounting companies, software development and maintenance service providers, legal service providers, consulting companies, companies providing transportation and delivery of products to buyers and third parties, marketing companies, social media operators, payment gateways, and other payment methods.
8.1.5. The recipients of personal data also include courts, authorities conducting criminal proceedings, tax offices, and other state authorities, if so required by the law. Personal data will be provided by the Operator to these authorities and state institutions based on and in accordance with the legal regulations of the Slovak Republic.
8.1.6. List of third-party intermediaries and recipients processing personal data of the Data Subject:
– Direct Parcel Distribution SK, s.r.o. of Technická 7, 82104 Bratislava, ID: 35834498 – a third-party entity providing transportation services
– General Logistics Systems Slovakia s.r.o., Budča 1039, 962 33 Budča, Slovak Republic – a third-party entity providing transportation services
– Fáma First Kft., Customer Service: 2220 Vecsés, Tengely utca 3. – a third-party entity providing transportation services
– FOXPOST, 1097 Budapest, Könyves Kálmán krt. 12-14., zöld lépcsőház 3. – a third-party entity providing transportation services
– 24-pay s.r.o., Kálov 356, 010 01 Žilina, ID: 44 002 602, Slovak Republic – a third-party entity providing a payment gateway
– MUFIS, s.r.o., 943 01 Štúrovo, Hlavná 22 – a third-party entity providing accounting services
IX. Information about the provision of personal data to third countries and the duration of their retention:
9.1. Not applicable. The Operator does not transfer personal data of individuals to third countries.
X. Information on the existence of relevant rights of the Data Subject:
10.1. The Data Subject has the following rights, among others:
10.1.1. Other rights of the Data Subjects are not affected by Article 10.1.
10.1.2. The right of the Data Subject to access data according to Article 15 of the Regulation, which includes:
the right to obtain confirmation from the Operator whether or not personal data concerning the Data Subject are being processed and, if so, to what extent. Additionally, if the data are being processed, the Data Subject has a right to know their content and to request information from the Operator about the reasons for their processing, especially information on: the purpose of the processing, the categories of personal data concerned, the recipients or categories of recipients to whom the personal data have been or will be disclosed, especially in case of recipients in third countries or international organizations, the expected period for which the personal data will be stored or, if not possible, the criteria used to determine that period, the existence of the right to request the rectification of personal data concerning the Data Subject or their erasure or restriction of processing, right to object to such processing, and the right to lodge a complaint with a supervisory authority if the data was not obtained from the Data Subject. Furthermore, the Data Subject has a right to obtain any available information regarding the source of the data, the existence of automated decision-making, including profiling referred to in Article 22(1) and (4) of the Regulation, and in such cases, at least meaningful information about the applied procedure, as well as the significance and the expected consequences of such processing for the Data Subject, the appropriate safeguards pursuant to Article 46 of the Regulation concerning the transfer of personal data to a third country or an international organization.
10.1.3. the right to receive a copy of the personal data being processed, subject to the condition that the right to receive a copy of the processed personal data does not adversely affect the rights and freedoms of others.
10.1.4. the right of the Data Subject to rectification according to Article 16 of the Regulation, which includes the right to have the Operator rectify any inaccurate personal data concerning the Data Subject without undue delay. The Data Subject also has a right to have incomplete personal data completed, including by means of providing a supplementary statement, and a right to erase personal data (the so-called “right to be forgotten”) according to Article 17 of the Regulation, which includes:
10.1.5. the right to obtain from the Operator the erasure of personal data concerning the Data Subject without undue delay if one of the following reasons applies: the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed, the Data Subject withdraws consent on which the processing is based, and there is no other legal ground for the processing, the Data Subject objects to the processing pursuant to Article 21(1) of the Regulation, and there are no overriding legitimate grounds for the processing or the Data Subject objects to the processing pursuant to Article 21(2) of the Regulation, personal data have been unlawfully processed, personal data must be erased for compliance with a legal obligation under EU law or the law of a member state which the Operator is subject to, personal data have been collected in relation to the offer of information society services referred to in Article 8(1) of the Regulation,
10.1.6. the right for the Operator who has published personal data of the Data Subject, taking into account available technology and the cost of implementation, to take appropriate measures, including technical measures, to inform other operators processing personal data that the Data Subject has requested them to erase all links to such personal data, their copies, or replicas, provided that the right to erasure of personal data with the content of rights under Article 17(1) and (2) of the Regulation shall not arise if the processing of personal data is necessary for:
10.1.7. the exercise of the right to freedom of expression and information.
10.1.8. compliance with a legal obligation that requires processing under the law of the European Union or a member state which the Operator is subject to or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the Operator.
10.1.9. reasons of public interest in the area of public health in accordance with Article 9(2)(h) and (i) of the Regulation, as well as Article 9(3) of the Regulation.
10.1.10. purposes of archiving in the public interest, scientific or historical research purposes, or statistical purposes in accordance with Article 89(1) of the Regulation, to the extent that the right referred to in Article 17(1) of the Regulation is likely to render impossible or seriously impair the achievement of the objectives of such processing of personal data; or for the establishment, exercise, or defense of legal claims;
10.1.11. the right of the Data Subject to restriction of processing of personal data under Article 18 of the Regulation, which includes the following:
10.1.12. the right for the Operator to restrict the processing of personal data in any of the following cases: the Data Subject contests the accuracy of the personal data during a period enabling the Operator to verify the accuracy of the personal data, the processing of the personal data is unlawful, and the Data Subject opposes the erasure of the personal data and requests restriction of their use instead, the Operator no longer needs the personal data for the purposes of processing but the Data Subject requires them for the establishment, exercise, or defense of legal claims, the Data Subject has objected to the processing pursuant to Article 21(1) of the Regulation, pending the verification whether the legitimate grounds of the Operator override those of the Data Subject;
10.1.13. the right that, where processing of personal data has been restricted, such personal data be, with the exception of storage, processed only with the Data Subject’s consent or for the establishment, exercise, or defense 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 European Union or a member state;
10.1.14. the right to be informed by the Operator before the restriction of processing of personal data is lifted;
10.1.15. the right of the Data Subject to notification obligation towards recipients under Article 19 of the Regulation which includes the Operator’s obligation to inform each recipient to whom the personal data have been disclosed of each rectification or erasure of personal data or restriction of processing pursuant to Article 16, Article 17(1), and Article 18 of the Regulation, unless this proves impossible or involves disproportionate effort, the right for the Operator to inform the Data Subject about these recipients if the Data Subject requests it;
10.1.16. the right of the Data Subject to data portability under Article 20 of the Regulation, which includes the right to receive the personal data concerning the Data Subject, which were provided to the Operator, in a structured, commonly used, and machine-readable format and the right to transmit those data to another operator without hindrance from the Operator if:
a/ the processing is based on the consent of the Data Subject under Article 6(1)(a) of the Regulation or Article 9(2)(a) of the Regulation or on an agreement under Article 6(1)(b) of the Regulation, and at the same time
b/ the processing is carried out by automated means, and at the same time:
10.1.17. the right to obtain personal data in a structured, commonly used, and machine-readable format and the right to transmit these data to another operator without hindrance from the Operator and without prejudice to the rights and freedoms of others;
10.1.18. the right to transfer personal data directly from one operator to another, where it is technically feasible;
10.1.19. the right of the Data Subject to object under Article 21 of the Regulation, which includes:
10.1.20. the right to object, on the grounds relating to a particular situation of the Data Subject, at any time to processing of personal data concerning the Data Subject which is based on Article 6(1)(e) or (f) of the Regulation, including profiling based on those provisions of the Regulation;
10.1.21. where the right to object referred to in section 10.1.20 is exercised, the right to require the Operator to cease the processing of the personal data concerning the Data Subject, unless the Operator demonstrates essential legitimate grounds for the processing which override the interests, rights, and freedoms of the Data Subject or for the establishment, exercise, or defense of legal claims;
10.1.22. the right to object at any time to processing of personal data concerning the Data Subject for direct marketing purposes, including profiling to the extent that it is related to such direct marketing; in such case, personal data may no longer be processed for such purposes;
10.1.23. in connection with the use of information society services, the right to exercise the right to object to the processing of personal data using automated means, using technical specifications;
10.1.24. the right to object, on the grounds relating to the particular situation of the Data Subject, to the processing of personal data concerning the Data Subject for scientific or historical research purposes or statistical purposes pursuant to Article 89(1) of the Regulation, unless the processing is necessary for the performance of a task carried out in the public interest;
10.1.25. the right of the Data Subject related to automated individual decision-making under Article 22 of the Regulation, which includes:
10.1.26. the right of the Data Subject not to be subject to a decision based solely on automated processing of personal data, including profiling, which produces legal effects concerning the Data Subject or similarly significantly affecting the Data Subject, except for the cases under Article 22(2) of the Regulation [i.e., except for cases where the decision: (a) is necessary for the conclusion or performance of an agreement between the Data Subject and the Operator,
10.1.27. permitted by the law of the European Union or a member state which the Operator is subject to and which also lays down suitable measures to safeguard the rights and freedoms and legitimate interests of the Data Subject or (c) based on the explicit consent of the Data Subject.
XI. Information on the Data Subject’s right to withdraw their consent to the processing of personal data:
11.1. The Data Subject is entitled to withdraw their consent to the processing of personal data at any time, without prejudice to the lawfulness of the personal data processing based on consent before its withdrawal.
The Data Subject is entitled to withdraw their consent to the processing of personal data – in full or in part – at any time. Partial withdrawal of consent to the processing of personal data may relate to a specific type of processing operation/operations, while the lawfulness of processing personal data for the remaining processing operations remains unaffected. Partial withdrawal of consent to the processing of personal data may relate to a specific purpose of processing personal data/specific purposes of processing personal data, while the lawfulness of processing personal data for other purposes remains unaffected.
The right to withdraw consent to the processing of personal data may be exercised by the Data Subject in writing, sent to the address of the Operator recorded as its registered office in the business register at the time of withdrawing the consent to the processing of personal data, or in electronic form through electronic means (by sending an email to the Operator’s email address indicated above).
XII. Information on the Data Subject’s right to lodge a complaint with the supervisory authority:
12.1. The Data Subject has a right to lodge a complaint with the supervisory authority, particularly in the Member State of their habitual residence, place of work, or the place of the alleged infringement if they consider that the processing of personal data relating to them is in breach of the Regulation, without prejudice to any other administrative or judicial remedy.
The Data Subject has a right to be informed by the supervisory authority to which the complaint was submitted about the progress and outcome of the complaint, including the possibility of seeking a judicial remedy under Article 78 of the Regulation.
12.2. The supervisory authority in the Slovak Republic is the Office for Personal Data Protection of the Slovak Republic, Hraničná 12, 820 07 Bratislava 27, Slovak Republic. Telephone number: +421 /2 3231 3214, Email: statny.dozor@pdp.gov.sk
XIII. Information related to automated decision-making, including profiling:
13.1. As the Operator does not engage in the processing of the Data Subject’s personal data in the form of automated decision-making, including profiling, as referred to in Article 22(1) and (4) of the Regulation, the Operator is not obliged to provide the information pursuant to Article 13(2)(f) of the Regulation, i.e., information about automated decision-making, including profiling, and the significance and expected consequences of such processing of personal data for the Data Subject. This provision does not apply.
XIV. Final provisions
14.1. These Personal Data Protection Principles and Instructions and Cookie Notice constitute an integral part of the General Business Terms and Conditions and Warranty Claim Procedure. The documents – General Business Terms and Conditions and Warranty Claim Procedure of this website are published on the domain of the Seller’s website.
14.2. These Personal Data Protection Principles become valid and effective upon their publication on the Seller’s website on May 25, 2023.
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