1 Personal data protection

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Related legislation

• 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 on the repeal of Directive 95/46/EC ("GDPR")

• Act No. 110/2019 Coll. on the processing of personal data ("the Act")

• Act No. 111/2019 Coll. amending some laws in connection with the adoption of the Act on Personal Data Processing

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What is GDPR?

• The General Data Protection Regulation (GDPR) is a legal regulation that establishes a uniform standard for the protection of personal data of natural persons within the EU.

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What rights does the GDPR give you as a data subject?

• One of the biggest benefits of the GDPR is the significant strengthening of the rights of natural persons, or data subjects, in relation to the data that concerns them. The GDPR strengthens and clearly regulates in particular the right to access, correction, erasure, the right to be forgotten, the right to limit processing, data portability and, last but not least, the right to object. A detailed description of these rights and how to exercise them can be found below.

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Reasons for deleting your personal data

• Personal data are no longer needed for the purpose for which they were collected or processed.

• You withdraw consent to processing if the processing is based on consent and there is no other legal basis for the processing.

• You object to the processing based on the legitimate interest of the personal data controller, e.g. when processing for the purpose of direct marketing.

• Personal data was processed illegally.

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2 Definitions

 

Data subject (hereinafter also "DS")

The natural person (including self-employed persons) to whom the personal data relates (e.g. potential, current or former customer, job applicant, supplier, etc.).

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Personal data

Any information about an identified or identifiable person; although it sounds complicated, in essence it is only data through which a person can be identified (identified) or which can be connected to the person in question through other identifiers, especially by reference to a certain identifier, for example name, identification number, location data , network identifier or to one or more special elements of the physical, physiological, genetic, psychological, economic, cultural or social identity of this natural person; specific personal data can be grouped into coherent groups - categories of personal data (e.g. contact, identification, descriptive).

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Administrator

The company FOUS Spirits s.r.o. (contact details see Article 11) as the entity that determines the purpose and means of personal data processing, performs the processing and is responsible for it (hereinafter also the "Administrator"). With the processing of personal data, the Administrator may authorize or entrust the processor, unless otherwise stipulated by a special law.

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Processor

Any entity that, on behalf of the Administrator, processes personal data in accordance with the GDPR and the Act, on the basis of a concluded contract for the processing of personal data.

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Recipient of personal data

An entity that, on the basis of a special law, is authorized to handle personal data (e.g. Police of the Czech Republic, Financial Administration);

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The purpose of personal data processing

The reason for which it is necessary or expedient to process the personal data of the data subject.

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Cookies 

Electronic data that the WWW server sends to the browser, which then stores it on the user's computer (DS). Every time you visit the same server again, the browser sends this data back to the server. Cookies are normally used to distinguish individual users, user preferences etc. are stored in them.

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Processing of personal data

Any operation or set of operations with personal data or sets of personal data that is carried out with or without the aid of automated procedures such as collection, recording, arrangement, structuring, storage, adaptation or alteration, retrieval, inspection, use, disclosure by transmission, dissemination or any other disclosure, arrangement or combination, restriction, erasure or destruction.

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3 Categories of processed personal data

Based on the relevant legal basis and purpose of processing, the administrator processes the following categories of personal data:

• Identification and contact data of the DS (in particular, name, surname, residential address, business name, registered office, delivery/contact address, ID number, bank details, e-mail, telephone number);

• Data on the contractual relationship (in particular, the amount of payments, the product used, information on the use of the product and services, data on any breach of contractual obligations by the customer);

• Other data obtained from DS or as part of communication with DS (data recorded in the helpdesk, voice recording of DS during telephone contact with the Administrator);

• Documentation (photos, videos) from the events we organize;

• Electronic data on visits to the Administrator's website (IP address, cookies).

 

4 Legal basis for personal data processing

The administrator processes personal data of the DS on the basis of the following legal reasons (titles):

• Contract performance;

• Compliance with legal obligations;

• Legitimate interest of the company;

• Valid consent to the processing of personal data.

 

5 Purposes of personal data processing

 

5.1 Performance of the contract 

The Controller processes the personal data of the DS for purposes related to the performance of the contractual obligations of the parties, in particular for the purposes of valid conclusion, amendment and termination of the contract in accordance with the relevant legislation, related invoicing and, where applicable, the evaluation of the level of services provided.
The scope of the personal data processed is defined by the purpose and type of contractual relationship, in particular: name, surname, date of birth, permanent address, delivery or other contact address, registered office, business registration number, bank account number, information on the scope and level of services used.

 

5.2 Fulfilling a legal obligation

The controller processes personal data of the DS for the purpose of fulfilling legal obligations, e.g. in the areas of taxation, accounting, etc.

 

5.3 Legitimate interest

Legitimate interest is applied as the legal title of personal data processing where the legitimate interests/rights of the controller prevail over the interests/rights of the DS, taking into account the DS' reasonable expectations based on its relationship with the controller. These are cases for which consent to the processing of personal data is not required.

These are mainly for the following purposes:

• Selection procedure for filling a job position;

• Protection of fundamental or other important rights of the Administrator resulting from generally binding legal regulations and contracts within the framework of various disputes, controls, investigations, proceedings and in relation to contractual partners and third parties;

• Prevention of fraudulent behavior damaging the Manager in cases of reasonable suspicion, for a period of time that is determined by generally binding legal regulations;

• Direct marketing, i.e. offering goods and services related to the ICT area and related products and services for the duration of the contractual relationship between the DS and the Administrator;

• Informing about the company's activities on social networks;

• Debt collection during statutory limitation periods;

• Manual or automatic verification/evaluation of DS' credit risk/creditworthiness or payment morale and evaluation of DS' solvency through registers (information databases) recording records of obligations, for the duration of the contractual relationship between DS and the Administrator;

• Recording of voice calls on the customer service desk line for the purpose of proving legal facts as part of the performance of the contract.

 

5.4 Consent to the processing of personal data

• In the event that the Administrator processes the personal data of the DS for other purposes that cannot be subordinated to the purposes listed in Article 5.1, 5.2 and 5.3, it may do so only on the basis of the granting of a valid consent to the processing of personal data by the DS, which is a manifestation of free will.

• The DS grants consent to the processing of personal data by signing the appropriate written form or confirming the electronic version of the consent, primarily for marketing purposes, which means any commercial communication and offer of products and services provided by the Controller.

• Consent is also granted by the DS during a telephone call to the Administrator's information line. In this case, it is consent to the recording/monitoring of the call.

• Giving consent to the processing of personal data is voluntary and free.

• The granted consent can be partially or completely revoked at any time.

 

6 Method of personal data processing

• Personal data are processed both automatically and manually and may be made available to processors with whom the Administrator has a contract for the processing of personal data, or to other persons in accordance with the relevant legal regulations.

• The Administrator's website (hereinafter also "Website") is operated on the Wix.com platform (hereinafter also "Wix"). Your data may be stored in Wix data stores, databases and applications. Wix declares that your data is stored on secure servers behind a firewall.

 

7 Processing time

 

Fulfillment of the contract and taking measures before the conclusion of the contract (e.g. drawing up an offer)

For the duration of the contractual relationship and for a period of 10 years from the termination of the contractual relationship.

 

Compliance with legal obligations

For the period specified by the relevant legal regulation.

 

Sending commercial messages and offering services and products

For the duration of consent to the processing of personal data, or until the withdrawal of consent to processing, or in accordance with special legal regulations.

The administrator is entitled to process the e-mail address of the DS within the meaning of Section 7(3) of Act No. 480/2004 Coll. on Certain Information Society Services and on Amendments to Certain Acts (Act on Certain Information Society Services), as amended, for the purpose of disseminating commercial communications relating to its own services and products (e.g. in the form of a newsletter or bulletin) in the event that you have not refused such transmission.

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Protection of the legitimate interest of the administrator or third parties

For a maximum period of 3 years from the start of data processing, unless special legal regulations stipulate otherwise, or unless there is a justified need to store data for a longer period.

 

Dealing with requests received via electronic forms or the telephone line

For the duration of the contractual relationship. And also one year after the end of the contractual relationship in case of a claim and proof of legal facts that resulted from the contractual relationship. In other cases, for the time necessary to process the relevant request.

 

Processing of personal data based on the consent of the data subject

For the period for which consent was granted or until the consent is revoked by the subject of personal data.

 

8 Recipients and processors of personal data

In order to ensure the purposes described above, personal data may be processed in addition to the Administrator by its contractual processors, on the basis of contracts for the processing of personal data concluded in accordance with the GDPR and the Act. Processors or joint controllers of the company's personal data are the following categories of third parties: Job portal service providers, marketing agencies, consulting service providers, companies supplying information systems, companies providing IT and other support services. The processing of personal data for the Administrator can only be carried out by processors with guarantees of organizational and technical security of this data and with a definition of the purpose of processing, while the processors may not use the data for other purposes. On the basis of a legal request, the personal data of the DS may be transferred to third parties that have the legal authority to require the transfer of the personal data in question.

 

9 Cookies 

 

9.1 Cookie usage policy

• When you visit and use the Website, cookies or other technologies such as pixels (hereinafter collectively "cookies") are activated on your device. Cookies are small content files that are used to store and receive identifiers and other information about computers, phones and other devices from which you access the Website, and thus help us provide, protect and improve the services offered.

• The use of cookies will allow us to offer you content and services that best match your needs and interests. Cookies make it possible to record information about your visit to the Website, and thanks to their use, your next visit will be easier and faster.

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9.2 What cookies do we use?

Správce používá na Webových stránkách nutné, preferenční, statistické a marketingové cookies.

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Necessary cookies

They are necessary for the proper functioning of the website, so that we can display the website to you and guarantee the stability and security of its use. These cookies store, for example, a random session identifier or the contents of your shopping cart.

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Preference cookies

Preference cookies allow the Website to remember your preferences (for example, preferred language or region where it is located) and to recognize that you return to our Website, thereby enabling us to provide you with a more convenient use of it.

 

Analytical cookies

These cookies serve to improve the functioning of the Website. They allow us to recognize and track the number of visitors and track how visitors use the Website. They help us improve the way the Website works, for example by making it easier for users to find what they are looking for. These cookies do not collect information that could identify you personally. We use these tools to analyze and regularly improve the functionality of our Websites. We can use the obtained statistics to improve user comfort and to make your visit to the Website more interesting for you as a user.

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Marketing cookies

They are used to track the preferences of the Website user in order to target advertising, i.e. display marketing and advertising messages (also on third-party sites) in accordance with these preferences. Marketing cookies use tools from external companies. These marketing cookies will only be used based on your consent.

We use the following marketing tools on our Website:

• advertising functions of Google Analytics beyond the basic analytical functions (more information)

• Facebook's marketing services, which enable the display of advertising to Website users when visiting the Facebook social network or other websites that also use these tools (more information)

• marketing tools of Seznam.cz, a.s., which enable advertising displayed in search engines and in the Seznam.cz content and partner network (more information)

 

9.3 How can you set your cookies preferences?

In addition to the bar for setting cookies on the Website, you can use the built-in functions of your Internet browser (depending on the type of browser) to set the use of cookies. In this way, you can refuse cookies or set the use of only some of them. If you do not allow us to use basic (functional) cookies, some functions of the Website may not work as they should.

The privacy settings on your computer, where the use of cookies can be refused or disabled, can be found in the menu of the respective internet browser. You can find cookie settings in the most commonly used browsers at the following links:

• Chrome

• Firefox

• Opera

• Microsoft Edge

 

9.4 Connection to social networks

Social network buttons are placed on our Website, mainly for the possibility of interaction with social networks, to make the Website more interesting for you as a user. The connection to the relevant social network only occurs if you actively click on the relevant button. In this case, your web browser will initiate a connection to the servers of the relevant social network.

 

9.5 Changes to the use of cookies

We can change the use of cookies depending on the available technologies and in order to improve user comfort and information, so if you are interested, read this instruction again from time to time.

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10 Rights of the DS

Under the terms of the GDPR and the Act, the DS may exercise the following rights:

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Right of access

Under certain conditions, the DS has the right to access its personal data (including information about their processing), which is available to the Administrator.

The request for the provision of such data must be made in person or in writing and sent to the Administrator's address or by e-mail. If possible, please specify the type of data you are interested in so that our response meets your expectations. The administrator must be able to verify your identity.

Your request must not violate the rights and freedoms of others.

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The right to correct incorrect or incomplete personal data

The DS has the right to object to the inaccuracy or incompleteness of its personal data processed by the Administrator. If it becomes clear that personal data are incorrect, the DS has the right to have these incorrect data removed, corrected or supplemented in an appropriate manner.

We recommend that you notify us immediately of any changes regarding your personal data, especially changes of name, address, etc.

Send the notification to the Administrator's address or by e-mail.

This right only applies to your own personal data.

Please be as specific as possible when exercising this right.

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Right to data portability

Under certain conditions, the DS has the right to receive data that has been provided by it to the Administrator and that is processed automatically, in a common machine-readable format.

The request for the provision of such data must be made in writing and sent to the Administrator's address or by e-mail. If possible, please specify the type of data you are interested in so that our response meets your expectations.

This right applies to cases where the data processing takes place based on your consent or on the basis of a contract signed by you and when the data is processed automatically (e.g. it is not a record in printed form).

It only applies to the personal data you have provided. As a rule, it therefore does not apply to personal data created by the Administrator (created and derived data).

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The right to object to processing

An objection to the processing of personal data must be made in writing and sent to the Administrator's postal address or by e-mail.

You have this right only if your personal data is processed for the legitimate interests of the Administrator. The objection must be based on facts relating to your specific situation so that it can be properly evaluated.

If personal data is processed for direct marketing purposes, DS has the right to object at any time without further ado. In such a case, personal data of DS will not be further processed for marketing purposes;

 

Right to restriction of processing

Under certain conditions, the DS has the right to request that the Administrator limit the processing of personal data.

Send your request in writing or by email.

You have this right, for example, if (i) you challenge the correctness of personal data for a period until their correctness is not verified or (ii) the processing is illegal or (iii) you have raised an objection to their processing, for a period until it is verified, whether the Administrator's legitimate reasons outweigh your interests.

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Right to deletion of personal data

Under certain conditions, the DS has the right to request the erasure of its personal data (this right is also known as the "right to be forgotten"), e.g. when the DS believes that the processed data is inaccurate or that the processing is illegal or has withdrawn its consent.

Send your request in writing or by email.

There are several legal reasons on the basis of which the Administrator may not be able to comply with your request to delete personal data. This may be, for example, situations where (i) the Administrator must comply with his legal obligations, or (ii) the Administrator exercises or defends his legitimate interests, or (iii) the data is necessary for the performance of the concluded contract.

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The right to withdraw consent

The DS has the right to revoke the given consent to any processing of personal data.

Send the request in writing or by e-mail.

If you withdraw your consent, its withdrawal will only be effective for the future.

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The right to file a complaint with a supervisory authority

The DS has the right to file a complaint with the Office for the Protection of Personal Data (ÚOOÚ) if it believes that the Controller is violating its legal obligations when processing personal data.

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Contact details of ÚOOÚ:

Úřad pro ochranu osobních údajů

Pplk. Sochora 727/27

170 00  Praha 7

Czech digital data box ID: qkbaa2n

www: uoou.cz, e-mail: posta@uoou.cz

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10.1 General provisions for exercising the rights of the DS

The administrator will respond to any request from the DS related to the exercise of his rights without undue delay, at most within one month from the delivery of the request. If necessary, this deadline can be extended by another two months, taking into account the complexity and number of applications, about which the DS will be informed. In case of serious requests (e.g. request for data transfer or request for deletion), the Administrator is entitled to request verification of the identity of the DS (e.g. verified signature of the DS on the request, email with an electronic signature or telephone verification).

In the case of repeated or clearly unfounded requests to exercise the right of DS, the Administrator may charge the applicant a reasonable fee. The DS will be informed in advance about the application of this option and the expected amount of the fee.

 

11 Contact

If you wish to exercise your rights or have a question in the area of ​​personal data protection, please contact us:

 

FOUS Spirits s.r.o.

Martinovská 328
250 01  Brandýs nad Labem-Stará Boleslav

kverkova@e-whisky.cz

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12 Document version

Date of last revision – 7 October 2024.