Privacy Policy

Briefly and concisely

We collect and process personal data only in accordance with the laws and regulations.

We use our best efforts to store the data safely.

We disclose personal data to third parties only with consent.

We provide information to anyone about the data held about them at written request:

You can request the deletion or modification of personal data at this address:

Introduction

Bio-Flamma Kft. (4400 Nyíregyháza, Kilátó utca 9., Hungary; company register No 15-09-076165, Court of Szabolcs-Szatmár-Bereg County) (the ‘Service Provider’ or ‘Controller’) will submit itself to the following Policy.

Act CXII of 2011 on informational self-determination and freedom of information declares that the data subject (in this case, the user of the website user, the ‘User’) must be informed before data processing is started that the data processing is based on consent or is mandatory.

The data subject must be clearly informed in detail before data processing is started about all facts relating to the processing of their data, in particular, the purpose and legal basis of data processing, the person entitled to process the data and the duration of data processing.

On the basis of Section 5(1) of the Information Act, the data subject must also be informed about the fact that personal data may be processed if:

  • it is ordered by an Act or ‒ based on the authorisation granted in an Act, within the scope specified therein, in the case of data not qualifying as special data or criminal personal data ‒ a bylaw of a local government for purposes of public interest;
  • it is essential for the performance of the controller’s tasks defined by law and the data subject has explicitly consented to the processing of personal data;
  • in the absence of the elements referred to in point (a), it is necessary for and proportionate to protecting the vital interests of the data subject or another person or to averting or preventing a direct threat to the life, bodily integrity or property of persons; or
  • in the absence of the elements referred to in point (a), the personal data have been explicitly disclosed by the data subject and it is necessary for and proportionate to achieving the purpose of data processing.

The information must also cover the rights and remedies available to the data subject in relation to data processing.

This Privacy Policy regulates data processing for the following website:

www.bio-flamma.hu

Amendments to this Policy become effective upon publication at the above address. Reference to legislation has also been provided after certain parts of the Policy.

Definitions (Article 4 of 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))

  1. ‘personal data’ means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person;
  2. ‘processing’ means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction;
  3. ‘restriction of processing’ means the marking of stored personal data with the aim of limiting their processing in the future;
  4. ‘profiling’ means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements;
  5. ‘pseudonymisation’ means the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person;
  6. ‘filing system’ means any structured set of personal data which are accessible according to specific criteria, whether centralised, decentralised or dispersed on a functional or geographical basis;
  7. ‘controller’ means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law;
  8. ‘processor’ means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller;
  9. ‘recipient’ means a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing;
  10. ‘third party’ means a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data;
  11. ‘consent’ of the data subject means any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her;
  12. ‘personal data breach’ means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data transmitted, stored or otherwise processed;
  13. ‘genetic data’ means personal data relating to the inherited or acquired genetic characteristics of a natural person which give unique information about the physiology or the health of that natural person and which result, in particular, from an analysis of a biological sample from the natural person in question;
  14. ‘biometric data’ means personal data resulting from specific technical processing relating to the physical, physiological or behavioural characteristics of a natural person, which allow or confirm the unique identification of that natural person, such as facial images or dactyloscopic data;
  15. ‘data concerning health’ means personal data related to the physical or mental health of a natural person, including the provision of health care services, which reveal information about his or her health status;
  16. ‘main establishment’ means: (a) as regards a controller with establishments in more than one Member State, the place of its central administration in the Union, unless the decisions on the purposes and means of the processing of personal data are taken in another establishment of the controller in the Union and the latter establishment has the power to have such decisions implemented, in which case the establishment having taken such decisions is to be considered to be the main establishment; (b) as regards a processor with establishments in more than one Member State, the place of its central administration in the Union, or, if the processor has no central administration in the Union, the establishment of the processor in the Union where the main processing activities in the context of the activities of an establishment of the processor take place to the extent that the processor is subject to specific obligations under this Regulation;
  17. ‘representative’ means a natural or legal person established in the Union who, designated by the controller or processor in writing pursuant to Article 27, represents the controller or processor with regard to their respective obligations under this Regulation;
  18. ‘enterprise’ means a natural or legal person engaged in an economic activity, irrespective of its legal form, including partnerships or associations regularly engaged in an economic activity;
  19. ‘group of undertakings’ means a controlling undertaking and its controlled undertakings;
  20. ‘binding corporate rules’ means personal data protection policies which are adhered to by a controller or processor established on the territory of a Member State for transfers or a set of transfers of personal data to a controller or processor in one or more third countries within a group of undertakings, or group of enterprises engaged in a joint economic activity;
  21. ‘supervisory authority’ means an independent public authority which is established by a Member State pursuant to Article 51;
  22. ‘supervisory authority concerned’ means a supervisory authority which is concerned by the processing of personal data because: (a) the controller or processor is established on the territory of the Member State of that supervisory authority; (b) data subjects residing in the Member State of that supervisory authority are substantially affected or likely to be substantially affected by the processing; or (c) a complaint has been lodged with that supervisory authority;
  23. ‘cross-border processing’ means either: (a) processing of personal data which takes place in the context of the activities of establishments in more than one Member State of a controller or processor in the Union where the controller or processor is established in more than one Member State; or (b) processing of personal data which takes place in the context of the activities of a single establishment of a controller or processor in the Union but which substantially affects or is likely to substantially affect data subjects in more than one Member State.
  24. ‘relevant and reasoned objection’ means an objection to a draft decision as to whether there is an infringement of this Regulation, or whether envisaged action in relation to the controller or processor complies with this Regulation, which clearly demonstrates the significance of the risks posed by the draft decision as regards the fundamental rights and freedoms of data subjects and, where applicable, the free flow of personal data within the Union;
  25. ‘information society service’ means a service as defined in point (b) of Article 1(1) of Directive (EU) 2015/1535 of the European Parliament and of the Council;
  26. ‘international organisation’ means an organisation and its subordinate bodies governed by public international law, or any other body which is set up by, or on the basis of, an agreement between two or more countries.

Legal basis for data processing (Section 5 of Act CXII of 2011 on informational self-determination and freedom of information)

  1. Personal data may be processed if:

(a) it is ordered by an Act or ‒ based on authorisation granted in an Act, within the scope specified therein, in the case of data not qualifying as special data or criminal personal data ‒ a bylaw of a local government for purposes of public interest;

(b) in the absence of the elements referred to in point (a), it is essential for the performance of the controller’s tasks defined in the Data Processing Act and the data subject has explicitly consented to the processing of personal data;

(c) in the absence of the elements referred to in point (a), it is necessary for and proportionate to protecting the vital interests of the data subject or another person or to averting or preventing a direct threat to the life, bodily integrity or property of persons;

(d) in the absence of the elements referred to in point (a), the personal data have been explicitly disclosed by the data subject and it is necessary for and proportionate to achieving the purpose of data processing.

Lawfulness of processing (Article 6 of 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))

Processing shall be lawful only if and to the extent that at least one of the following applies:

(a) the data subject has given consent to the processing of his or her personal data for one or more specific purposes;

(b) processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract;

(c) processing is necessary for compliance with a legal obligation to which the controller is subject;

(d) processing is necessary in order to protect the vital interests of the data subject or of another natural person;

(e) 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 controller;

(f) processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.

Point (f) of the first subparagraph shall not apply to processing carried out by public authorities in the performance of their tasks.

Principles relating to processing of personal data (Article 5 of 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))

  1. Personal data shall be:

(a) processed lawfully, fairly and in a transparent manner in relation to the data subject (‘lawfulness, fairness and transparency’);

(b) collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes; further processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes shall, in accordance with Article 89(1), not be considered to be incompatible with the initial purposes (‘purpose limitation’);

(c) adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed (‘data minimisation’);

(d) accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay (‘accuracy’);

(e) kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed; personal data may be stored for longer periods insofar as the personal data will be processed solely for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89(1) subject to implementation of the appropriate technical and organisational measures required by this Regulation in order to safeguard the rights and freedoms of the data subject (‘storage limitation’);

(f) processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures (‘integrity and confidentiality’).

  1. The controller shall be responsible for, and be able to demonstrate compliance with, paragraph 1 (‘accountability’).

Information to be made available

  1. On the basis of Section 5(1) of Act CXII of 2011 on informational self-determination and freedom of information, the following must be specified for the operation of the website/web page:

(a) the fact of data collection,

(b) the scope of data subjects,

(c) the purpose of data collection,

(d) the duration of data processing,

(e) the identity of potential controllers authorised to access the data,

(f) a description of the rights of data subjects in relation to data processing.

  1. The fact of data collection and the scope of processed data:

    For websites:

The Principal’s:

  • email address,
  • name,
  • phone number.
  1. Scope of data subjects: all Users registered on the website.
  1. Purpose of data collection:

    For websites:

    Email:

    • for marketing purposes,
    • for the purposes of building a database,
    • for customer relationship purposes,
    • other purposes will provided be in the next text field:
      • searching a new partner.

Name (first name and/or last name, company name):

  • for marketing purposes,
  • for customer relationship purposes.

Phone number:

  • for marketing purposes,
  • for customer relationship purposes.
  1. Duration of data processing and deadline for data deletion: immediately upon the deletion of registration. Except in the case of accounting documents, since on the basis of Section 169(2) of Act C of 2000 on accounting, these data have to be kept for 8 years.

An accounting document that directly and indirectly supports accounting settlement (including general ledger accounts and analytical and detailed records) must be kept in a legible form for at least 8 years, in a retrievable way based on reference to the accounting records.

  1. Identity of potential controllers authorised to access the data: Personal data may be processed by the staff of the data controllers, while respecting the above principles.
  1. Description of the rights of data subjects in relation to data processing: The following data may be modified on the websites. The data subject can initiate the deletion or modification of personal data in the following ways:
  • by post (at 4400 Nyíregyháza, Kilátó utca 9., Hungary),
  • by email at the email address.
  1. Legal basis for data processing: The User’s consent, Section 5(1) of the Information Act and Section 13/A(3) of Act CVIII of 2001 on certain issues of electronic commerce services and information society services (the Electronic Commerce Act):

The service provider may, for the purpose of providing services, process such personal data as is technically indispensably necessary for providing the services. In the case of identity of other terms, the service provider must choose and must always operate the means applied to provide information society services in such a way that personal data are processed only if it is essential for providing the services and for the achievement of other goals specified in this Act, however, even in this case, only to the extent and for the period necessary.

Details of the hosting provider (website) used during data processing:

Name: Giganet Kft.

Address: 4400 Nyíregyháza, Vasvári Pál u. 1., Ground Floor, Hungary

Email:

Phone: +36 (80) 512-000

Availability of data processing: https://www.giganet.hu/content/pages/adatvedelem/adatvedelem_20180529.pdf

Security of processing and the rights of data subjects (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))

Any processing of personal data should be lawful and fair. It should be transparent to natural persons that personal data concerning them are collected, used, consulted or otherwise processed and to what extent the personal data are or will be processed. The principle of transparency requires that any information and communication relating to the processing of those personal data be easily accessible and easy to understand, and that clear and plain language be used. That principle concerns, in particular, information to the data subjects on the identity of the controller and the purposes of the processing and further information to ensure fair and transparent processing in respect of the natural persons concerned and their right to obtain confirmation and communication of personal data concerning them which are being processed. Natural persons should be made aware of risks, rules, safeguards and rights in relation to the processing of personal data and how to exercise their rights in relation to such processing. In particular, the specific purposes for which personal data are processed should be explicit and legitimate and determined at the time of the collection of the personal data. The personal data should be adequate, relevant and limited to what is necessary for the purposes for which they are processed. This requires, in particular, ensuring that the period for which the personal data are stored is limited to a strict minimum. Personal data should be processed only if the purpose of the processing could not reasonably be fulfilled by other means. In order to ensure that the personal data are not kept longer than necessary, time limits should be established by the controller for erasure or for a periodic review. Every reasonable step should be taken to ensure that personal data which are inaccurate are rectified or deleted. Personal data should be processed in a manner that ensures appropriate security and confidentiality of the personal data, including for preventing unauthorised access to or use of personal data and the equipment used for the processing.

In order for processing to be lawful, personal data should be processed on the basis of the consent of the data subject concerned or some other legitimate basis, laid down by law, either in this Regulation or in other Union or Member State law as referred to in this Regulation, including the necessity for compliance with the legal obligation to which the controller is subject or the necessity for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract.

Sending newsletters (Section 6 of Act XLVIII of 2008 on the basic conditions of, and certain restrictions on, economic advertising activities)

(1) Unless otherwise provided by a separate law, advertising by direct contact of a natural person as recipient of advertising (‘direct marketing’), in particular, by electronic mail or other equivalent means of individual communication, with the exception provided for in paragraph (4), may only communicated if the recipient of advertising has clearly and explicitly consented thereto in advance.

(2)* A declaration of consent may be made in any way containing the name of the declarant or, if the advertising to which the consent relates may only be communicated to individuals of a specific age, the place and date of birth and the scope of personal data to the processing of which the declarant consents as well as the fact that the consent is voluntary and is expressed in possession of appropriate information.

(3) The declaration of consent under paragraph (1) may be withdrawn free of charge at any time without restriction or justification. In this case, the name and any other personal data of the declarant shall be deleted forthwith from the register specified in paragraph (5) and advertising may no longer be communicated to them in the manner defined in paragraph (1).

(4)* Direct mail may also be sent to a natural person as recipient of advertising without the prior and explicit consent of the recipient, but the advertiser and the advertising service provider shall ensure that the recipient of advertising may prohibit sending advertisements at any time free of charge and without restriction. In the event of prohibition, advertisement may no longer be sent to the data subject through direct marketing.

(5) The advertiser, the advertising service provider or the publisher of the advertisement shall keep a record of the personal data of the persons making the declaration of consent to them, within the scope specified in the consent under paragraph (1). The data recorded in this register, relating to the recipient of advertising, may only be processed in accordance with the contents of the declaration of consent, until it is withdrawn, and may be disclosed to third parties only with the prior consent of the data subject.

(6) It shall be made possible to make a declaration of withdrawal under paragraph (3) and to prohibit sending advertisements under paragraph (4) by both mail and email in such a way that the declarant can be clearly identified.

(7)* In connection with advertising communicated in the manner specified in paragraphs (1) and (4), the recipient shall be clearly and conspicuously informed about the address and other contact details where they can make a request for the withdrawal of their declaration of consent to the communication of such advertising or the prohibition of sending advertisement. Furthermore, in the case referred to in paragraph (4), the direct mail sent to the same recipient for this purpose in the interest of the same advertiser for the first time after 1 October 2009 shall include a postage-free reply letter allowing cancellation, which has a mailing address and is delivered in a verifiable manner as registered mail.

(8) A direct request for a declaration of consent under paragraph (1) may not contain advertising, not including the name and designation of the undertaking.

(9)* For the purposes of this section, ‘addressed direct mail’ means a postal item containing only advertisements, merchandising or advertising material, sent to at least 500 recipients at the same time, with the same content except for the recipient’s name, address and details not modifying the nature of the message, as defined in the Postal Services Act, not individually specified therein.

Cookies and cookie management (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))

By using the website/webshop, the person hereby accepts the following:

Natural persons may be associated with online identifiers provided by their devices, applications, tools and protocols, such as internet protocol addresses, cookie identifiers or other identifiers such as radio frequency identification tags. This may leave traces which, in particular when combined with unique identifiers and other information received by the servers, may be used to create profiles of the natural persons and identify them.

Remedies (Article 79 of 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))

Without prejudice to any available administrative or non-judicial remedy, including the right to lodge a complaint with a supervisory authority pursuant to Article 77, each data subject shall have the right to an effective judicial remedy where he or she considers that his or her rights under this Regulation have been infringed as a result of the processing of his or her personal data in non-compliance with this Regulation.

Proceedings against a controller or a processor shall be brought before the courts of the Member State where the controller or processor has an establishment. Alternatively, such proceedings may be brought before the courts of the Member State where the data subject has his or her habitual residence, unless the controller or processor is a public authority of a Member State acting in the exercise of its public powers.

In the event of the possible infringement of your rights, you may lodge a complaint with the National Authority for Data Protection and Freedom of Information:

National Authority for Data Protection and Freedom of Information

1125 Budapest, Szilágyi Erzsébet fasor 22/C, Hungary

Mailing address: 1530 Budapest, Postafiók 5, Hungary

Phone: +36 (1) 391-1400

Fax: +36 (1) 391-1410

Email: 

Right to compensation (Article 82 of 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))

(1) Any person who has suffered material or non-material damage as a result of an infringement of this Regulation shall have the right to receive compensation from the controller or processor for the damage suffered.

(2) Any controller involved in processing shall be liable for the damage caused by processing which infringes this Regulation. A processor shall be liable for the damage caused by processing only where it has not complied with obligations of this Regulation specifically directed to processors or where it has acted outside or contrary to lawful instructions of the controller.

(3) A controller or processor shall be exempt from liability under paragraph 2 if it proves that it is not in any way responsible for the event giving rise to the damage.

(4) Where more than one controller or processor, or both a controller and a processor, are involved in the same processing and where they are, under paragraphs (2) and (3), responsible for any damage caused by processing, each controller or processor shall be held liable for the entire damage in order to ensure effective compensation of the data subject.

(5) Where a controller or processor has, in accordance with paragraph (4), paid full compensation for the damage suffered, that controller or processor shall be entitled to claim back from the other controllers or processors involved in the same processing that part of the compensation corresponding to their part of responsibility for the damage, in accordance with the conditions set out in paragraph (2).

(6) Court proceedings for exercising the right to receive compensation shall be brought before the courts competent under the law of the Member State referred to in Article 79(2).

References:

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The following legislation has been taken into account for the preparation of the Policy:

  • Act CXII of 2011 on informational self-determination and freedom of information (Freedom of Information Act);
  • Act CVIII of 2001 on certain issues of electronic commerce services and information society services (mainly Section 13/A(3));
  • Act XLVII of 2008 on the prohibition of unfair trading practices towards consumers;
  • Act XLVIII of 2008 on the basic conditions of, and certain restrictions on, economic advertising activities (in particular, Section 6);
  • Act XC of 2005 on the freedom of electronic information;
  • Act C of 2003 on electronic communications (specifically Section 155);
  • Opinion No 16/2011 on the EASA/IAB Best Practice Recommendation on Online Behavioural Advertising;
  • 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).