Information on personal data protection

Agitavit Solutions d.o.o. company is aware of the responsibility related to the processing of personal data of its customers, potential customers, site visitors of Agitavit Solutions d.o.o. and all individuals who disclose their personal information when contacting us. We have therefore brought our operations into line with the Personal Data Protection Act (PDPA-1, Official Gazette of the RS, no. 94/2007) and 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 (hereinafter referred to as “General Data Protection Regulation”).

Expressions such as “controller”, “processing”, “restriction of processing”, “processor”, “profiling”, “pseudonymisation”, “third person” and “company” shall have the meaning as defined by the General Data Protection Regulation.

1) Information on the controller and contact addresses

The data controller is company Agitavit Solutions d.o.o., Letališka cesta 33F, 1000 Ljubljana.

Contact addresses for personal data protection:
Personal data protection
Agitavit Solutions d.o.o.
Letališka cesta 33F, 1000 Ljubljana

gdpr@agitavit.si

2) Personal data

Personal data is information that identifies you as an identified or identifiable individual. A user is identifiable when it can be directly or indirectly determined, in particular by specifying identifiers such as name, identification number, location data, online identifier or an indication of one or more factors that are specific to the user’s physical, physiological, genetic, mental, economic, cultural or social identity.

In accordance with the purposes defined below, the controller collects the following personal information:

• Basic user information (e.g. name, surname, title, workplace),
• Contact details and information on the user’s communication with the controller (e.g. e-mail address, telephone number, date, time and content of the postal or e-mail communication),
• Information on participation in events organized by Agitavit Solutions d.o.o. (e.g. information about an event you attended, place and date of the event), channel and campaign – the manner of obtaining the user or the source through which the user has come into contact with the controller (website and advertising campaign or special offer),
• Information about the user’s use of controller’s website (e.g. dates and times of website visits, pages visited and URLs, dwell time per page, number of pages visited, total time on the site, settings made on the Web site) and data on the use of received messages (e-mail, SMS) of the controller,
• Data obtained from forms completed voluntarily by the user, for example in the framework of lottery,
• Other information voluntarily given to the controller upon request for certain services that require this information.

The controller does not collect or process user’s personal information, except where the latter allows it or consents to it, i.e. when ordering products or services, when subscribing to a newsletter, participating in a lottery, etc., where there is a legal basis for the collection of personal data, the processing is necessary for the enforcement of contractual obligations, or where the processing is necessary for legitimate interests pursued by the controller (hereinafter “legitimate interest”).

3) Basis for processing and the purposes of processing personal data

Agitavit Solutions d.o.o. will process your personal data for one of the purposes listed below based on the following legal bases:

• Your consent, or agreement,
• Meeting the legal obligations of the controller,
• On the basis of a legitimate interest,
• Fulfilment of contractual obligations.

Agitavit Solutions d.o.o. will process your personal information only for the purposes for which it has acquired it and will not process it for purposes incompatible with the purposes for which it was collected. Agitavit Solutions d.o.o. collects only those personal data from the user that are necessary to achieve a particular purpose.

3.1 Processing to fulfil contractual obligations

In certain cases, the processing of personal data is necessary for the fulfilment of contractual obligations of the controller. In the event that a user does not provide the necessary information, the controller cannot enter into contracts with the user or perform services.

The controller will process your personal data for the fulfilment of contractual obligations for the following purposes:

• Contractual regulation of business cooperation,
• Implementation of the activities set out in the contract on cooperation (consulting, preparation of marketing and sales strategies, implementation of marketing and sales campaigns, computerization of processes),
• Communication with contractors and other contact persons of the customer for the purpose of carrying out the activities specified in the contract on cooperation,
• Registering a user to an event organized by the controller.

3.2 Processing on the basis of consent or agreement

Based on your written consent, Agitavit Solutions d.o.o. will process your personal information for the following purposes:

• Sending electronic messages for the purpose of information on training, innovation, services and events of the controller,
• Contacting by telephone with a view to presentation of professional system solutions to the user or employer (by prior arrangement also at their address),
• Monitoring the status of sent electronic mail messages, namely whether a message was opened or not, which links were opened or selected (which content you read or viewed), how much time you were reading or viewing individual content,
• Segmenting users on the basis of facts contained in the previous indent and further sending of customized (personalized) e-mail messages, which means that different users can receive e-mail messages with different content in order to obtain better information and achieve a higher degree of responsiveness to the e-mails sent,
• For the purposes of analysing user life path on the site: where the user has arrived at the site from (source of traffic), to monitor dwelling on the website, which website was visited, which content was downloaded or watched,
• To segment users on the basis of facts contained in the previous indent and further sending of customized (personalized) messages through multichannel communication, which means that different users can receive messages with different content in order to provide better information to individuals and achieve a higher degree of user responsiveness,
• All other purposes for which you specifically agree in cooperation with the controller.

In all cases where you give consent for the processing of your personal data, you can cancel this consent at any time via the contact addresses for personal data protection.

The user can manage or cancel the consent given for specific purposes or give consent for other purposes of processing of their personal data via the contact addresses for personal data protection.

3.3 The processing is necessary to meet the legal obligations of Agitavit Solutions

Your personal information is also processed where required by law. For example, the purpose of such processing is the processing of your personal data for the purposes of judicial or administrative procedures.

3.4 Processing on the basis of a legitimate interest pursued by Agitavit Solutions

The controller may process data on the basis of a legitimate interest, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject. In the event of a legitimate interest, the controller always carries out an assessment in accordance with the General Data Protection Regulation.

In certain cases, in order to further process your personal data collected on the basis of one of the abovementioned legal bases (consent, contract) due to a legitimate interest, Agitavit Solutions d.o.o. may adopt certain safeguards to protect your personal information, such as pseudonymisation, encryption, processing in aggregated form and/or deletion of certain types of personal data.

Based on the legitimate interest, Agitavit Solutions d.o.o. will process your personal information for the following purposes:

• Marketing, business and other technical analysis, such as analysing and determining which organizations participants of events come from and which functions they occupy in these organizations, keeping records of how many and which events a user has attended.
• Prevention of abuse, ensuring safety, making claims or defending against claims in administrative and judicial proceedings. In the event of suspected abuse, the controller may, in the appropriate and proportionate extent, process your personal data for the purpose of identification and prevention of potential fraud or abuse and, if appropriate, transmit that information to the police, prosecutor’s office or other competent authorities.
• Direct marketing, including creation of user profiles, based on previously legally acquired personal data. Such processing may at any time be objected to in accordance with your rights.

4) Users of personal data

Your personal data may be accessed only by employees of Agitavit Solutions d.o.o. and by processors of personal data which are directly authorized. Agitavit Solutions d.o.o. will never forward your personal data to unauthorized third parties.

By using Agitavit Solutions d.o.o. web sites and other services, you agree that Agitavit Solutions d.o.o. trusts individual tasks associated with your personal data to processors listed below. These processors may process your personal information solely on behalf of and in accordance with written instructions of Agitavit Solutions d.o.o., within the limits of its powers, as set out in the contract between Agitavit Solutions d.o.o. and processors, and in accordance with the purposes for which it was collected. Processors of your personal data may not in any event use them to pursue any personal interests.

Agitavit Solutions d.o.o. cooperates with the following processors:

• The company Frodx d.o.o., Celovška cesta 280, 1000 Ljubljana for the purpose of storage of personal data in digital form.

5) The retention period of personal data

The controller does not process the data for longer than is necessary to achieve the purposes for which personal data have been collected and further processed. Personal data processed by Agitavit Solutions d.o.o. for the performance of contract are kept by Agitavit Solutions d.o.o. for the period which is necessary for the execution of the contract and 5 years after its termination, except in cases where there is a dispute between you and the controller concerning the contract. In this case, Agitavit Solutions d.o.o. keeps data for 5 years after the final judicial or arbitral decision or settlement, or if there is no litigation, 5 years from the date of an amicable settlement.

Personal data processed by Agitavit Solutions d.o.o. on the basis of the law are kept by Agitavit Solutions d.o.o. for the period prescribed by law. Personal data processed by the controller based on your personal consent or legitimate interest are kept by Agitavit Solutions d.o.o. permanently, until your consent is revoked or until a request is made to discontinue processing. Agitavit Solutions d.o.o. shall delete such data before cancellation only in the event that the purpose of the processing of personal data has already been made or if the law so provides.

After the expiration of the retention period, Agitavit Solutions d.o.o. will effectively and permanently delete or anonymise your personal information so that it will no longer be associated with you.

6) Users’ rights relating to the protection of personal data

In accordance with the General Data Protection Regulation, Agitavit Solutions d.o.o. provides the following rights regarding the protection of personal data, which are discussed in more detail below:

• The right of access to information,
• The right of rectification,
• The right to delete (“right to oblivion”),
• The right to limit processing,
• The right to data portability,
• The right to object.

6.1 The right of access to information

You have the right to obtain confirmation from Agitavit Solutions d.o.o. as to whether your personal data are processed, and if so, you have the right to obtain access to your personal data and the following information concerning the processing of personal data:

• The purpose of processing,
• Type of personal data,
• Users or user categories which have been or will be disclosed your personal information, especially users in third countries or international organizations,
• Where possible, the expected period of retention of personal data or, if this is not possible, the criteria used to determine this period,
• Existence of the right to request from the controller rectification or erasure of personal data or restriction of processing of personal data relating to data subjects, or existence of the right to object to such processing,
• The right to lodge a complaint with the supervisory authority,
• Where personal data are not collected from the user, all available information as to their source,
• Existence of an automated decision-making, including the creation of profiles and meaningful information about the reasons for it, as well as the importance and the anticipated consequences of such processing for the user.

Based on your request, Agitavit Solutions d.o.o. will provide you with one free copy of your personal data being processed. Any additional copies of data that you should require will be charged a reasonable fee by the company to take into account administrative costs.

6.2 Right of rectification

You have the right to request from Agitavit Solutions d.o.o. to correct, without undue delay, any inaccurate personal data relating to you. Considering the purposes of the processing, you are entitled to the completion of incomplete personal data, including the presentation of a supplementary declaration.

6.3 The right to delete (“right to oblivion”)

You have the right to request from Agitavit Solutions d.o.o. to delete your personal information without undue delay; the company shall delete your personal information, without undue delay, in the following cases:

• The data are no longer needed for the purposes for which they were collected or otherwise processed,
• You cancel your consent, which is the basis for the processing of your personal data, and there is no other legal basis for the processing,
• You object to the processing on the basis of a legitimate interest of the controller, and there are no overriding legitimate reasons for the processing,
• You object to processing for the purposes of direct marketing,
• Personal data must be deleted to comply with legal obligations under European Union law or the Slovenian legal order.

Where Agitavit Solutions d.o.o. transmits your personal information, it shall take reasonable steps, including technical, to inform the processors who process your personal information that the data subject requires from the controller to erase any links to these personal data or copies thereof.

6.4 The right to limit processing

You have the right to require that Agitavit Solutions d.o.o. restrict the processing of your personal data subject to one of the following cases:

• You dispute the accuracy of the data for the period which enables the controller to verify the accuracy of your personal data,
• The processing is unlawful, and you oppose the deletion of personal data, and instead ask for restrictions on their use,
• Agitavit Solutions d.o.o. no longer needs personal data for the purposes of the processing, but you need them for the establishment, exercise or defence of legal claims,
• You filed an objection with regard to the processing, until it is checked whether legitimate reasons of the controller outweigh your reasons.

6.5 The right to data portability

You have the right to receive personal data relating to you in possession of Agitavit Solutions d.o.o., in a structured, widely used and machine-readable form, and the right to forward such information to another controller, without Agitavit Solutions d.o.o., for whom the data was provided, hampering you, where:

• Processing is based on your consent or agreement and
• Processing is carried out by automated means.

6.6 The right to object

On grounds related to your particular situation, you have the right, at any time, to object to the processing of personal data if this is based on the legitimate interests pursued by Agitavit Solutions d.o.o. or a third party. Agitavit Solutions d.o.o. will cease to process personal data, unless it proves compelling reasons for processing that outweigh your interests, rights and freedoms, or for the establishment, exercise or defence of legal claims. Where personal data are processed for direct marketing purposes, you have the right, at any time, to object to the processing of your personal data for such marketing purposes, including profiling, if it is associated with such direct marketing. Where direct marketing is based on consent, the right of reply can be made by cancelling the given personal consent.

6.7 Procedure for asserting your rights

All the above-mentioned requirements which relate to the exercise of rights in connection with your personal data may be addressed in writing to the controller by using the contact addresses for personal data protection. If you submit your request in accordance with the above paragraph by electronic means, the information, to the extent possible, will be provided to you by electronic means, unless you request otherwise.

For the purposes of reliable identification in the event of exercising your rights with respect to personal information, the controller may request additional information from you needed to confirm your identity; it may refuse to act in accordance with this chapter only in the event that it proves that you cannot be reliably identified.

The request by which you exercise your rights in relation to your personal data will be responded without undue delay and no later than one month from receipt of the request. Agitavit Solutions d.o.o. may extend the limit for exercising the rights for up to two additional months, considering the complexity and the number of requests. Where Agitavit Solutions d.o.o. extends the deadline, you will be notified of any such extension within one month of receipt of the request together with the reasons for the delay.

Where, in accordance with this chapter, your requests are manifestly unfounded or exaggerated, especially since they are repeated, Agitavit Solutions d.o.o. may:

• Charge a reasonable fee, taking into account administrative costs of the provision of information or messages or performing the required action,
• Dismiss action concerning the request.

6.8 The right to lodge complaints with regard to the processing of personal data

Any complaint with regard to the processing of your personal data may be directed to the contact addresses for personal data protection.

You have the right to lodge a complaint directly with the Information Commissioner if you think that the processing of personal data relating to you violates Slovenian rules or regulations of the European Union in the field of personal data protection.

Validity

Valid from 25 May 2018 onwards and may be amended or supplemented at any time.