Privacy
GABA OPTIFARM SRL, a Romanian legal entity, registered with the Trade Register under no. J08/1072/2018, unique registration code / VAT code RO39309037, as data controller, in accordance with the provisions of Article 4, paragraph 7 of EU Regulation – GDPR 679/2016, we provide this Information Notice to explain how we process and protect personal data collected through our websites.
- What processing is covered by this Information Notice?
This Information Notice applies to the processing of personal data of:
- Our contractual partners such as suppliers, vendors, customers (“Business Partners”);
- balkan.ro Visitors and users of our websites that can be accessed at balkan.ro and all its microsites;
- Users of our Mobile Applications (“Application Users”)
- Persons interested in participating in our loyalty programs (“Participants”.)
If you do not fall into the categories listed above, please contact dpo@balkan.ro and we will provide you with an Information Notice appropriate to your situation.
What information we collect about you:
We collect and process your personal data when you interact with us (for example, the information you provide to us by filling in the forms on our websites listed in Section 1 above (“Websites”) or by corresponding with us by telephone, e-mail or otherwise). This includes information you provide when you register to use our Websites, subscribe to our services, when you wish to purchase a GABA OPTIFARM Company product, participate in discussion forums or other social media activities on one of our Websites, by filling out a registration form or otherwise, and/or its contracting partners, and when you report a problem with our Websites.
The information you provide to us may include your first name, last name, address, e-mail address and telephone number, personal description, age, date of birth and gender, and other information as appropriate.
We will not collect or process personal data relating to you (e.g. information about your racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, health, sex life or sexual orientation).
If you voluntarily provide us with personal data (including special data) through your interaction with our Websites or correspondence with us by telephone, e-mail or any other means, of your own free will and not at our request, we will delete such personal data from our systems if we do not consider that the processing is necessary for a legitimate purpose of GABA OPTIFARM, unless you have made such data public (for example, in a message board that is visible to the public), in which case we will delete such data from our Websites only if required to do so by law or if we do not wish to retain it.
Each time you visit our Websites, we automatically collect the following data:
- technical data, for example this may include the Internet Protocol (IP) address used to connect your computer to the internet, login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform, device type and brand of mobile device; this data may be collected and processed on our behalf through third party cookies and more information about this can be found at https://balkan.ro/despre-cookies/
- data about your visit, for example this may include full Uniform Resource Locators (URLs), sequence of clicks to, through and from our Websites (including date and time), information or products you viewed or searched for (including top articles read, top categories accessed, page response times, download errors, duration of visits to particular pages (including average time spent on particular pages, viewing particular content or videos) the average time spent in an application and the number of views from such applications, the average number of items viewed on our Websites, information regarding interaction with pages (such as scrolling, clicks and mouseovers), the methods used to navigate the page, data about Users’ behavior, and any telephone number used to call or any email address used to contact our customer service representatives.
Where we obtain your personal data from a third party, we will provide you with all relevant information about the processing as soon as possible, but in any event no later than one month after obtaining your personal data, including on the categories of personal data subject to the processing, the purpose of the processing and the legal basis for the processing.
- How we use personal data and the legal basis for processing
General aspects
We may process your personal data in the following situations:
- if we execute a contract that we have with you;
- whether we have to comply with a legal obligation (e.g. applicable laws in labor relations, accounting, auditing, equal opportunities monitoring);
- where necessary for our legitimate interests (or those of a third party) and your interests (e.g. to detect and prevent fraud or to ensure IT and network security), unless your fundamental rights override these interests;
- if it is necessary to protect your vital interests (or the vital interests of others);
- and/or where necessary in the public interest or for official purposes.
We use your personal information for various technical, administrative, and operational reasons, such as to ensure the most effective presentation of content to you and your computer; to improve our Websites, including its functionality; to administer our Websites; for internal operations, including for purposes of troubleshooting, data analysis, testing, research, and statistical and research purposes; for advertising and marketing, including for targeted marketing purposes so that we can provide content, including personalized content, that may be of greater interest to you; and as part of our efforts to keep our Websites secure.
In some cases, we will process your personal data only with your consent. In these cases, we will ask for your consent separately and transparently when you provide your personal data. Thereafter, you will be able to withdraw your consent at any time by emailing office@balkan.ro. However, the withdrawal of consent will not affect the lawfulness of any processing that has taken place before the withdrawal of consent.
Where we require personal data in order to comply with legal or contractual obligations, the provision of such personal data by you is mandatory. This means that if such personal data is not provided, we will not be able to manage the contractual relationship or comply with the obligations imposed on us. In all other cases, the provision of personal data is optional and you are under no obligation to provide it.
We may also process your personal data, such as your identification data, contact data and residence address, for the possible exercise of our rights or claims against you in the future. This processing is based on our legitimate interest and is necessary in order to exercise our rights in the event of possible litigation.
Most commonly, we will use your personal information in the following situations:
- Business partners:
For the purposes of providing services, delivering goods and making payments under the relevant contracts, we may process your personal data, such as identification data, business contact data, bank details and tax identification number, for persons registered for VAT purposes. This processing is based on:
- performance of a contract to which you, as a Trading Partner, are a party, legal obligations imposed on us and our legitimate interest.
In some cases, we process personal data, such as the names and contact details of employees or contractors of Business Partners for the purpose of communications related to the performance of a particular contract with Business Partners. This processing is based on (i) the performance of a contract to which the Business Partners are a party, (ii) legal obligations imposed on us and (iii) our legitimate interest.
As a Trading Partner, we can provide you with communications about our new products and services. If you no longer wish to receive these communications, you can opt-out by emailing us at office@balkan.ro.
- Users and customers:
For the purposes of providing services, delivering goods and making payments under the relevant contracts (including subscriptions), we may process your personal data, such as identification data, contact data, bank details. This processing is based on the performance of a contract to which Users (in particular Subscribers) are a party or a legal obligation imposed on us.
We may process personal data so that we can provide you with information about goods or services that we think may be of interest to you. If you are an existing customer, we will only contact you by email, SMS or push notifications via Mobile Apps (as applicable) with information about goods and services similar to those which have been the subject of a previous sale or negotiation with you for sale, unless you have previously opted otherwise. If you are a new customer, we will only contact you by electronic means if we have your prior consent.
If you don’t want us to use your data in this way, check the appropriate box on the form by which we collect your data the registration form. If you have installed a Mobile App and would like to stop receiving push notifications, you can change your settings on your mobile device or through the Mobile App.
We will not share your personal data with third parties for marketing purposes without your explicit consent.
We may also use your personal data to make suggestions and recommendations to you and other Users of our Websites about products or services that may be of interest to you or them.
- Do we share your personal data?
We do NOT sell your personal data to third parties.
Within the GABA OPTIFARM Company, only a limited number of staff members, such as those in the Sales, Legal, and IT departments have access to your personal data on a need-to-know basis. These staff members are subject to confidentiality obligations with regard to personal data in accordance with EU Regulation – GDPR 679/2016. Thus, appropriate technical and organizational measures are taken to protect personal data. GABA OPTIFARM GABA OPTIFARM Company staff members have the right to handle personal data only on the instructions of GABA OPTIFARM GABA OPTIFARM Company and, if necessary, in connection with their job responsibilities.
Personal data may be disclosed to governmental and/or law enforcement authorities if required by applicable laws or if necessary to exercise our rights, including our terms of use, or to protect our legitimate interests (including the legitimate interests of third parties) under applicable laws.
Your personal data may also be disclosed to third parties, including:
- Service providers who provide administrative, professional and technical support to GABA OPTIFARM for IT support, security and commercial resources;
- business partners, suppliers and subcontractors for the performance of all contracts we enter into with you (including subscriptions to our services);
- analytics and search engine service providers who assist us in improving and optimizing our Websites.
GABA OPTIFARM may also disclose personal data to outside consultants (e.g., lawyers, accountants, auditors) if necessary.
We may share personal data with our Affiliated Companies and other third parties in the context of certain types of transactions, including in the context of transactions involving a change of control of the GABA OPTIFARM Company, the sale of substantially all of its assets, or business restructurings.
- Storing your personal data and transfers abroad
The personal data we collect from you is stored in the European Union (“EU”) and the European Economic Area (“EEA”). However, information collected by third parties via cookie files (e.g., through Google Double Click for Publishers) will generally serve traffic from a data center that is closest to where the traffic originates. This means that such information, including advertising traffic, may be handled by servers located in the EEA and may be transferred outside the EEA. For more information, please see our Cookie Policy https://dev.balkan-pro.md/despre-cookies/
We intend not to transfer your personal data outside the EEA unless adequate protections are in place, including:
- a suitability decision issued by the European Commission on the country or countries of destination;
- a Privacy Shield certification;
- appropriate binding corporate rules;
- an approved code of conduct, together with binding and enforceable commitments by the data controller or processor in the country outside the EU and EEA;
- an approved certification mechanism, together with the binding and enforceable commitment of the data controller or processor in a country outside the EU and the EEA to apply appropriate safeguards; or
- EU standard contractual clauses approved by the European Commission.
- YOUR RIGHTS
You can ask us for the following:
- confirm whether or not your personal data is processed by us,
- provide you with a copy of your personal data and/or correct it.
- In certain circumstances, you have the right to ask us to erase your personal data or, on the basis of the right of portability, to ask us to transfer part of your personal data to you or to other entities.
- You also have the right to object to certain processing of your personal data (e.g. the use of processing for direct marketing purposes or certain decisions taken solely by automated processing (including profiling).
- Where we have asked for your consent to the processing of your personal data, you have the right to withdraw that consent without adverse effects on you.
- Where we process your personal data because we have a legitimate interest in doing so (as explained above), you also have the right to object to such processing.
- You also have the right to restrict the processing of your personal data in certain circumstances.
- Please note that your rights described above may be limited in certain situations and are subject to applicable laws and regulations on the protection of personal data (for example, your right to object to the processing of your personal data may be limited if we can demonstrate compelling legitimate grounds for processing your personal data that override your interests). You will need to prove your identity and provide other details to help us respond to your request. We will not charge a fee for responding to your request unless permitted by law and, if such a fee is charged, it will be reasonable and proportionate to your request. If you wish to exercise these rights, please contact us via our company’s and/or Data Protection Officer’s email addresses, office@balkan.ro and DPO@balkan.ro respectively. We hope that we can answer any questions you may have about how we process your personal data. However, you also have the right to lodge a complaint with data protection supervisory authorities. You can lodge your complaint in the Member State where you live, where you work or where the alleged breach of data protection law took place.
- How long we keep your personal data
We intend to retain your personal data only for as long as necessary, in accordance with our Data Retention Policy, for a period not exceeding the period necessary to fulfill the purposes listed in this Information Notice and/or required by applicable law, in accordance with applicable minimum legal retention periods and/or as necessary to exercise our legitimate rights (and the legitimate rights of others). For example, if you are a Business Partner, we will retain your personal data for the duration of our contractual relationship with you.
If we have an ongoing business relationship with you as a Business Partner (for example, where we may use the same personal data in separate contractual relationships with you), we will continue to retain that personal data until the termination of our business relationship and for the minimum retention period required by law, subject to our Data Retention Policy. If you would like more information about how long we retain your personal data, please contact us at our company’s and/or our Data Protection Officer’s email addresses, respectively, office@balkan.ro and DPO@balkan.ro.
Where we process your personal data on the basis of your consent, such personal data will only be processed for the period set out in your consent, unless you withdraw or limit your consent before the expiry of this period. In such cases, we will cease processing the personal data concerned for the relevant purposes, subject to any legal obligation to process such personal data and/or our need to process such personal data for the purpose of exercising our legitimate rights (including the legitimate rights of others).
- Data security
We store your data on our servers and on servers hosted by third parties (including third party cloud-based services). We use appropriate technical and organizational measures designed to protect your personal data and prevent unauthorized access. We have entered into contractual relationships with third parties that provide hosting services and these contracts include obligations regarding the organizational and technical security of personal data. All payment transactions will be encrypted (e.g. using the TLS protocol). You are responsible for maintaining the confidentiality of all means of authentication (e.g. passwords) used by you to access parts of our Websites. Data transmission over the Internet is not completely secure. While we will do our best to protect your data, we cannot guarantee the security of your data transmitted on our Websites; any transmission is at your own risk. Once we receive your data, we will use strict procedures and security features to try to prevent unauthorized access.
- Privacy of minors’ data
GABA OPTIFARM does not knowingly collect personally identifiable data on its Websites from persons under the age of 16. If a parent or guardian becomes aware that their children have provided the GABA OPTIFARM Company with their personal data, they must immediately notify the GABA OPTIFARM Company. If the GABA OPTIFARM Company discovers that a person under the age of 16 has provided the GABA OPTIFARM Company with personal data, the GABA OPTIFARM Company will destroy such information from its servers immediately, unless the parent or guardian explicitly consents to the company’s processing of the child’s personal data for the specified purposes.
- Cookie files and social widgets
Our Websites use cookie files to distinguish you from other Users of our Websites. This helps us to give you a good experience when you browse our Websites and also allows us to improve our Websites. This processing is based on your consent expressed on our Websites or through your browser settings. For detailed information about the cookies we use, how long we use them and the purposes for which we use them, please see our Cookie Policy.
Our websites may include social media features such as Facebook, Twitter, Instagram, LinkedIn or Youtube buttons. These features may collect information about you, such as your IP address and the websites you visit, and may set a cookie to enable them to function properly. The processing of this information through your interactions with these features is governed by the privacy notice/policy of the GABA OPTIFARM Company providing them (see the section on your rights above).
- Links to other websites
Our website may provide links to websites that GABA OPTIFARM does not control. After clicking on a third party link, you will be directed to the third party website. If you visit any of these linked websites, you should review their privacy policies. We are not responsible for the policies and practices of other companies. The GABA OPTIFARM Company does not control and assumes no responsibility or liability for the content, privacy policies and notices, or practices of third party websites or services.
- Contact
If you have any questions or concerns about the processing of your personal data or if you wish to exercise a right, you can contact the GABA OPTIFARM Company at office@balkan.ro or you can send a letter to the attention of the Company’s Personal Data Processing Officer. You may also contact the Data Protection Officer by e-mail at DPO@balkan.ro .
Please do not disclose sensitive data (e.g. information about racial or ethnic origin, political opinions, religious or other beliefs, health or trade union membership), social insurance numbers or criminal record information when contacting us.
Last update: July 13, 2023.
We may update this Information Notice from time to time and will notify you of any changes by posting the new version on our websites listed in Section 1 above. If you have provided us with your contact information and authorized us to contact you, we will notify you if we materially change this Information Notice.
Please check this Information Notice periodically for any changes.