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November 22, 2019

Privacy Policy

1. POLICY

The purpose of this Privacy Policy (hereinafter referred to as the "Privacy Policy") is to inform Users and other persons (hereinafter referred to as "Individuals") about the purposes and basis of the processing of personal data by Notice the Elephant d.o.o. (hereinafter referred to as the "Controller") and the rights of Individuals in this area. At the same time, this Policy further clarifies the consent to data processing.

Where applicable, the provisions relating to Individuals also apply to issues of secrecy and confidentiality of communications of users who are legal persons.

2. LEGAL BASIS

The Policy is harmonised in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (hereinafter referred to as the General Data Protection Regulation.

3. CONTACT INFORMATION

The controller of the personal data of Individuals processed in accordance with the Data Protection Regulation is Notice the Elephant d.o.o.

Contact: info@noticetheelephant.com

4. COLLECTION OF DATA THROUGH FORMS

The user of the Site may voluntarily leave his/her personal data in the contact and newsletter subscription forms.

4.1 Personal data (name and surname, address, e-mail address, telephone number and information about the service ordered by the Individual) are processed by the Controller solely for the following purposes:

4.1.1. for the purpose of sending e-mails (newsletters) to inform about new content on the https://noticetheelephant.com website.

4.1.2. to send advertising content from https://noticetheelephant.com or third parties who have made media leases with the website for advertising purposes.

4.1.3. to review the emails sent to you, which emails you have or have not opened, which links you have opened or clicked on (which content you have read or viewed), how long you have read or viewed each piece of content,

4.1.4. to segment Individuals on the basis of the facts set out in the previous bullet point and to further send tailored (individualised) emails (i.e. different Individuals may receive emails with different content) in order to better (more relevant) inform Individuals and to achieve a higher response rate to the emails sent,

4.1.5. for the purposes of analysing the user's lifetime path on the website: where the user came to the website from (source of traffic), to monitor the user's stay on the website, which web pages he/she has visited, what content he/she has downloaded or viewed,

4.2 The processing of data may be based on the consent given by the Data Subject to the Controller. For example, the consent may relate to the notification of product discounts, new products, sweepstakes, new ideas, tips and services of the Controller. The communication is carried out through the channels chosen by the Individual in the consent. Communication by means of an e-mail address or telephone call also includes the provision of an e-mail address or telephone number to an external processor for the purpose of displaying the company's advertising messages while browsing the web.

4.3 The data subject may withdraw or modify his or her consent at any time in the same manner as consent was given or in any other manner as specified by the Controller, subject to the Controller's right to identify the customer. The withdrawal or modification of consent shall only relate to the data processed on the basis of the consent. The last consent given by the Data Subject and received by the Controller shall be valid. The possibility to withdraw consent shall not constitute a right of withdrawal in the business relationship of the Individual with the Controller.

4.4 The analysis and management of the Data is for the internal records of the Controller only.

5. WEB COOKIES

The Electronic Communications Act (Official Gazette No. 109/2012), ZEKom-1, introduced rules into the legal order regarding the use of cookies and similar technologies to store information or access information stored on users' computers, tablets or mobile devices.

Cookies are information about a user's online activities that most websites store on the devices that users use to access the internet, in order to identify the individual devices that users have used to access the internet. Their storage is under the full control of the browser used by the user. The user can restrict or disable the storage of cookies if they wish. Cookies are not harmful and are always time-limited. Items in local storage have no time limit.

Cookies are fundamental to the provision of user-friendly online services. Cookies make the interaction between the web user and the website faster and easier. They help the website to remember the individual's preferences, interests and experiences, saving time and making browsing more efficient and user-friendly.

5.1. Management of cookies

Read more about our cookie policy, types of cookies, your preferences and how to manage cookies HERE.

5.2. Deleting cookies

You can also control and change your cookie settings in your web browser. For information on cookie settings, please select the web browser you are using.

- Google Chrome

- Mozilla Firefox

- Internet Explorer 11

- Microsoft Edge

- Opera (English language site)

- Safari (English language site)

If you have previously consented to cookies and subsequently change your mind and deactivate the receipt of cookies in your browser, your visit to the website will be treated as your first visit. In this case, you will receive a cookie notification again.

6. PROVISION OF DATA

The controller may, insofar as it is compatible with the purposes for which personal data are processed under EU law and Slovenian law, transfer personal data about individuals:

6.1. to persons who perform specific processing tasks for the company, such as for example: the preparation and sending of invoices or data analytics, maintenance and development of services, where these tasks involve the processing of personal data to the extent necessary,

6.2. to persons who provide sales and marketing services to the Company, including sales and marketing in the field, or cooperate with the Company in the marketing and sale of their own or third party services, to the extent necessary for such tasks within the purposes and grounds set out in this Policy.

6.3. If the undertaking is merged with or acquired by another undertaking, the personal data shall be transferred to the acquirer in accordance with the law. By using our services, you consent to the further processing of your personal data by the acquirer.

7. RIGHTS OF INDIVIDUALS

7.1. The data subject may address any of the aforementioned requests concerning the exercise of rights relating to personal data in writing to the Data Controller at the following e-mail address: info@noticetheelephant.com.

7.2. The Data Subject is aware that the Controller may request additional information from the Data Subject for the purpose of reliable identification in the event of exercising the rights relating to personal data, and may refuse to act only if the Data Subject proves that he or she cannot be reliably identified.

7.3 The Data Subject acknowledges that the Controller shall respond to his/her request to exercise the rights relating to the personal data referred to above without undue delay and at the latest within one month of receipt of the request. If the Controller extends the time limit, it shall inform the Data Subject of any such extension within one month of receipt of the request, together with the reasons for the delay.

7.4 The website https://noticetheelephant.com provides the following rights to the Data Subject in accordance with the Personal Data Protection Act (ZVOP-1, Official Gazette of the Republic of Slovenia, No. 94/2007) and the EU General Data Protection Regulation (Regulation (EU) 2016/679), and to the Data Subject in the context of the protection of personal data:

7.4.1. the right to request access to personal data and the following information from the Data Controller at any time:

- the purposes of the processing,

- the types of personal data, the users or categories of users to whom the personal data have been or will be disclosed,

- the intended period of retention of the personal data or, if this is not possible, the criteria used to determine that period,

- the existence of automated decision-making, including profiling.

7.4.2. a free copy of the Personal Data in a format determined by the Individual (if the request is made by electronic means of communication and the Individual does not request otherwise, the copy shall be provided in electronic form). For additional copies requested, the Controller may charge a reasonable fee, taking into account costs.

7.4.3 Correction of inaccurate Personal Data.

7.4.4. restriction of processing where the Data Subject disputes the accuracy of the Personal Data for a period of time to allow the Controller to verify the accuracy of the Personal Data.

7.4.5. erasure of all personal data (right to be forgotten) if the prerequisites set out in Article 17 of the GDPR are met, and in particular in the event that the Data Subject withdraws consent to the processing of personal data.

7.4.6. the extraction of personal data in a structured, commonly used and machine-readable format, with the right for the Data Subject to transmit this data to another Controller without being hindered by the original Controller.

7.4.7. Termination of the use of Personal Data for direct marketing purposes, including profiling.

7.4.8. not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her, provided that the prerequisites set out in Article 22 of the GDPR are met.

7.4.8. the right to lodge a complaint against the Controller with the Information Commissioner if he/she considers that the processing of his/her personal data infringes the General Data Protection Regulation. The Data Subject may also send any complaint regarding the processing of personal data to the following email address: info@noticetheelephant.com.

8. RETENTION PERIOD FOR PERSONAL DATA

All other data collected for the purposes of information and direct marketing shall be kept until revoked.

Last updated 13/05/2022

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