Privacy Policy

Information disclosure note regarding the processing of personal data

1. Contact data

OPTIMIZED PERFORMANCE SRL

Bank Account RO36716680, J40/14675/2016

Street. Ion Minulescu number 9, sector 3, Bucharest

How to apply the information note and what does it address

2.1. The information note applies and takes effect starting with the date of its publication 25.05.2018.

2.2. The information note is applied on the optimized.ro website and emails which are owned by Optimized Performance, as a commercial society.

2.3. The information note applies to all used devices which are aimed to access the Optimized Peformance.ro website such as smartphones, tablet.

2.4. The information note could register all personal data which are processed by Optimized Performance when you identify with one or more of the following circumstances:

• Online activity ( accessing and navigating the Site as an unregistered guest)
• A distance contract or an intent to enter into a distance contract ( online shopping, participating in an online giveaway)
• Direct submission of personal data, such as being a member, client, visitor of the website or being someone outside of the contract ( posting product reviews, having a subscription, newsletter, dialing the call center etc.)

3. Which types of personal data do we process and to whom is applied

3.1. Optimized Performance process: general, non invasive personal data

3.2. Categories of people which are identified for the process of collecting their personal data by Optimized Performance:

3.1.1 Clients

3.1.2. Call center callers

3.1.3. Site visitors

3.1.4. Registered members

3.1.5. Subscribers to the newsletter

4. Which are the legal grounds for processing your personal data

4.1. The legal grounds for processing your non-invasive personal data are:

4.1.1. Having your consents

4.1.2. Being part of a contract (distance contract)

4.1.3. Receiving a requests from you in regard to your desire to enter into a contract

4.1.4. The need to comply with the legal obligation

4.1.5. Our legitimate interest or the legitimate interest of a third party.

4.2. Processing personal data on the basis of legitimate interests, real and present, while reasonably protecting your rights and liberties.

Our legitimate interests could be dispelled when your rights and liberties are threatened.

5. From which sources and by which means do we collect your personal data

5.1. Personal data is collected by being provided directly from you

5.2. Optimized Performance collect your personal data by following means:

5.2.1. Electronic, by using the web forms displayed on our Site

5.2.2. Electronic

• By storing the information in regard to your displayed database

• Accessing your emitted information transmitted by your displayed database

• Reading and processing your emitted information transmitted by your displayed database

5.2.3. Telephonic, by using your initiated calls or the Optimized Performance calls emitted at your request

6. Can you decide which type of personal database we process?

6.1. The decision to submit personal data is:

6.1.1 Optional and voluntary for the following submitted data: the content of the messages sent on the web form, the audio content of the phone conversation between you and Optimized Performance, technical information about your device etc.

6.1.1 Compulsory due to the need of respecting the legal obligation for data provision: billing data.

6.1.3. Compulsory so as to enable the emergence and conduct of the distance contract or to allow requests prior signing a contract: name, first name, address and phone number

6.2. Processing personal data is a legal, contractual, compulsory request, necessary for singing a contract (distance contract)

 

7. How does your decision of processing or not processing your personal data can affect you?

7.1 If you do not want to provide us with the optional, voluntary personal data, the progress of conducting the distance contract between you and Optimized Performance does not have any negative consequences by not affecting its progress.

7.2. If you do not want to submit personal data when the obtainment of it is necessary and mandatory, the consequences are detrimental to affect: You are not going to be able to benefit of the products we are selling, due to the fact that the commerce of our goods is made by registering and declaring fiscal details as well as, signing a contract.

8. The aim and means of processing personal data

8.1.1 Optimized Performance process personal data for real, present, legitimate intentions

Optimized Performance intent is to process personal data only for the initial collection purposes. If any other, secondary processes of personal data is necessary, this process is not going to be maintained without your prior consent or without any juridical interest and legal grounds.

Optimized Performance collects your emails and phone in order to register a message on www.optimized.roOptimized Performance collects your emails and phone in order to register a message on www.optimized.ro. Optimized Performance does not send 8.14 SMS. Optimized Performance collect data for: statistical purposes by monitoring the commercial activity and improving the results of the Sites, technical information in regard with user’s type of device- location, IP address, Hardware equipment, information about the time of accessing the site, and other information which results from using Cookies apps; for more details about cookies, please consults the Politics of utilizing cookies on websites.

9. Using the process of automated profiling and automated decisions making

9.1. Optimized Performance utilizes personal, non-invasive data in order to create automated profiling which includes: automated evaluation of personal aspects in order to display the most relevant advertisements of products for you. Automatic profiling and automated decision making is exclusively conducted by technological aids and it contains: possible analysis of your characteristics, possible evaluations of your behavior.

9.2. Optimized Performance utilizes your personal data in order to make automated decisions about you. This process is based on using automated profiling techniques which may include: “ totally automate profiling”, a process which exclusively uses technological means by excluding any human implication.

9.3. The automated decisions collected by Optimized Performance which directly concerns you are decided and applied with the help of an algorithm which can be described from an intention point of view as: If an user/visitor accesses the products from a particular category, we will consider that specific area as being of interests for the customer thus, using the process of personalization by trying to display products based on that analysis ( eg. displaying product lists sorted on your specific needs and preferences).

9.4. Automated decisions do not impact your civil rights and liberals and do not have a significant impact on your decision making process by not being able to affect your life significantly.

9.5. The legal basis of automated processing of personal data is a legitim interest for both Optimized Performance and you.

 

10. Processing minor's personal data

10.1. Optimized Performance does not maintain neither commercial activities nor marketing activities and personal data processing for minors.

11. The retention period of the personal data

11.1. We narrow the period of retention of personal data in regard to our need for the processing activity.

11.2. We revise the necessity of continuing to keep personal data. Each year we conduct an analysis of the data collected and processed in order to properly filter, sort and maintain the processing of data in cases of further, actual need.

11.3. We delete your personal data at your immediate request, excluding the data which is processed and provided by using a legal law, in which case the deletion process is conducted by taking in regard its legal law terms.

If the personal data needs to be preserved for legal laws purposes, we can still be in control of the information provided. Concomitantly, stocking personal data bases for an extended period of time can be used with the aim of conducting statistics, improving services, administering active clients accounts, research/ market research.

12. Disclosure of personal data

12.1. Taking into consideration the circumstances previously mentioned, Optimized Performance can reveal personal data base by redirecting it to other categories of recipients: contractual partners ( on the basis of signing a confidential commitment) or service providers ( Optimized performance processors which are empowered to process personal data by your consent)

12.2. The Optimized Performance commissioners which are empowered to stock personal data on the basis of our legitimate interests are: the e-commerce platform White(1) Software, Orange, Hertzner, GST, Amazon Web Services.

12.3. Taking in regard the eventual situation in which the revealing of a personal data base is necessary, we will inform you of the recipient’s name as well as the moment of disclosure.

13. The process of transferring personal data outside the European Union or European Economic Area.

13.1. Optimized Performance does not transfer personal data outside UE or SEE or any international organization.

14. The safety measures of your personal data

14.1. Optimized Performance takes every possible and reasonable action of security and confidentiality in order to continually maintain the aim of protecting personal data: adequate technical and organizational measures, security measures conducted at a reasonable level, measures which are meant to prevent the unauthorized, illegal processing activity, measures which prevent the accidental or illegal loss , measures which prevent the possibility of accidental or illegal destruction, measures which aims towards preventing accidental or illegal damages.

14.2 If we detect any breach of security in regard with your personal data processing process:

14.1.1 We investigate the possible security incident

14.1.1 We take any reasonable action and measures to mitigate the immediate risks of prejudice

14.1.3. if the breach is likely to lead to a higher risk by possibly affecting the citizen’s rights and freedoms, we notify the Supervisory Authority in regard with the security incident

14.1.4. if the breach is likely to lead to a higher risk by possibly affecting the citizen’s rights and freedoms, we directly inform you about the security breach through appropriate contact channels.

14.1.5. We are not obliged to directly inform you if : we have taken the necessary measures to make personal data incomprehensible to any person who is not authorized to access them, or if the high risk to your rights and freedoms is no longer possible or would involve disproportionate efforts. In this particular case, we will inform you throughout public networks.

15. Your legal rights concerning the process of processing personal data base

15.1. We respect your rights regarding the protection of personal data.

15.1.1 You have the right to access personal data ( there is no anonymous data)

15.1.2. You have the right to obtain confirmation from Optimized Performance in order to constantly know if the agency is processing ( or not ) your personal data.

15.1.3. The right to data portability

15.1.4. You have the right to receive a copy of the personal data collected by Optimized Performance by obtaining a structured, commonly used and machine-readable format. This copy can be downloaded or transmitted to another operator.

If you request supplementary copies of personal data, a reasonable tax will be perceived in order to cover the administrative costs of conducting the request.

15.1.4. The right to rectify personal data.

The controller shall communicate any rectification or erasure of personal data or restriction of processing carried out in accordance to each recipient to whom the personal data have been disclosed ( if it's the case)

The controller shall communicate any rectification carried out in accordance to each recipient to whom the personal data have been disclosed, unless this proves impossible or involves disproportionate effort.

15.1.5 The data subject shall have the right to obtain from the controller the erasure of personal data concerning him or her in situations according to the laws.

The controller shall communicate any erasure of personal data carried out in accordance to each recipient to whom the personal data have been disclosed ( if it's the case)

The controller shall communicate any erasure carried out in accordance to each recipient to whom the personal data have been disclosed, unless this proves impossible or involves disproportionate effort.

15.1.6. The right to obtain, for a period of time, the restriction of the processing of your personal data, in certain situations according to the law.

The controller shall communicate any erasure of personal data carried out in accordance to each recipient to whom the personal data have been disclosed ( if it's the case)

The controller shall communicate any erasure carried out in accordance to each recipient to whom the personal data have been disclosed, unless this proves impossible or involves disproportionate effort.

15.1.7. The right to opposition

You can object to the processing of personal data when they are processed for direct marketing purposes.

For example, you have the right to withdraw your consent, at any time, when using your contact data for the purposes of: sending commercial communications, free of charge, both by using a written request to the e-mail address: contact@dev.xarites.com, as well as by other methods mentioned by Optimized Performance in regard with the already sent communications , as well as by accessing the link dedicated to exercising the right to withdraw this consent, which will be included in every commercial communication sent by e-mail (eg: newsletter).

15.1.8. The right of not being the subject of a decision based exclusively on automatic processing, including the creation of profiles, which may produce legal consequences or similarly affect to a significant extent the targeted subject

Optimized Performance does not perform the profiling process following automated decisions which can create legal or significant effects for visitors, site members or customers.

15.2. We must communicate the rectification of personal data to your personal recipients (if there are any).

15.3. We do not communicate the rectification of personal data to your personal recipients if communication to the recipient is impossible, or involves a disproportionate effort.

15.4. The right to delete personal data, in certain situations according to the law

15.4.1. We must communicate the deletion of personal data to the recipients to whom we have disclosed it (if there are any).

15.4.2. We do not communicate the deletion of personal data to the recipients to whom we have disclosed it, if communication to the recipient is impossible, or involves a disproportionate effort.

15.5. The right to restrict the processing of personal data in certain circumstances according to the laws

15.6. The controller shall communicate any rectification or erasure of personal data or restriction of processing carried out in accordance to each recipient to whom the personal data have been disclosed, unless this proves impossible or involves disproportionate effort.

15.7. The controller shall communicate any rectification carried out in accordance to each recipient to whom the personal data have been disclosed, unless this proves impossible or involves disproportionate effort.

15.8. The right to withdraw your consent, at any time, when using your contact data for the purposes of: sending commercial communications, free of charge, both by using a written request to the e-mail address: contact@dev.xarites.com, as well as by other methods mentioned by Optimized Performance , as well as by accessing the link dedicated to exercising the right to withdraw this consent, which will be included in every commercial communication sent by e-mail (eg: newsletter).

 

16. How can you exercise your rights?

16.1. You can exercise your rights regarding the protection of your personal data trough:

16.1.1. Written requests, because we cannot deal with verbal requests immediately, without first analyzing the content of the request and without first identifying you.

16.1.2.1. Your request must contain a detailed and precise description of the right you wish to exercise.

16.1.2.2. It may be necessary to provide us with a copy of an identification document to confirm your identity, personal data being used in a limited way dedicated for the activity of confirming your identity, stored for a limited period, according to the prior purposes. Other data of the copy of the identification document, which exceeds the data requested by Optimized Performance, such as a photo or any other personal characteristics, can be masked by you or will be anonymized during processing.

16.1.2.3. You will be informed at the time of identification of the documents or personal data necessary for your verification in our reference system. If you do not agree with the proposed solution and want to propose alternatives, we will evaluate them on a case-by-case principal

16.1.2.4. You can send your request regarding the protection of your personal data to the email address contact@dev.xarites.com, from where it will be taken over by a person responsible for handling your requests regarding the protection of your personal data.

16.1.2.5. You will receive our response to your requests regarding the protection of your personal data in your account at the email address provided/authenticated in our system.

16.1.2.6. The term in which we deal with your request (through which you exercise your rights) regarding the protection of your personal data: within 30 days from the date of receipt of the request.

17. The right to address a supervisory authority

17.1. You can submit a complaint in your own name or through the mandate of an organization, to:

The Authority for the Supervision of Personal Data Processing ( Autoritatea de Supraveghere a Prelucrarii Datelor cu Caracter Personal -A.N.S.P.D.C.P.) with headquarters in B-dul G-ral. Gheorghe Magheru 28-30, Sector 1, postal code 010336, Bucharest, in the form of a written address, at the institution's headquarters or by e-mail at anspdcp@dataprotection.ro

17.2. The supervisory authority must inform you within a reasonable period of time regarding the progress and outcome of the complaint.

17.3. You have the right to exercise in your own name through the mandate of an organization, a judicial appeal in the EU and in the SEE against an operator, proxy and a Supervisory Authority.

18. Explanations regarding the terms and expressions used in this information note

18.1. Personal data means any information regarding an identified or identifiable natural person ("data subject"). An identifiable natural person is a person who can be identified, directly or indirectly, in particular by reference to an identification element, such as:

• a name
• an identification number
• location data
• an online identifier
• the physical identity of a person
• the physiological identity of a person
• the genetic identity of a person
• the mental identity of a person
• the economic identity of a person
• the cultural identity of a person
• the social identity of a natural person

18.2. Processing means any operation or set of operations performed on personal data or sets of personal data, with or without the use of automated means, such as:

• collecting
• registering
• organizing
• structuring
• stocking
• adapting
• altering
• extracting
• consulting
• using
• deletion or destruction etc.

18.3. Restriction of processing means marking stored personal data in order to limit their processing in the future.

18.4. The purpose of the processing means the reason for which the processing of personal data is carried out.

18.5. Operator means the natural or legal person, public authority, agency or other body that, alone or together with others, establishes the purposes and means of personal data processing; when the purposes and means of processing are established by Union law or domestic law, the operator or the specific criteria for its designation may be provided for in Union law or domestic law.

18.6. Authorized means the natural or legal person, public authority, agency or other body that processes personal data on behalf and on behalf of the operator.

18.7. Recipient means the natural or legal person, public authority, agency or other body to whom (to whom) the personal data is disclosed, regardless of whether it is a third party or not. However, public authorities to whom personal data may be communicated within a certain investigation in accordance with Union law or internal law are not considered recipients; the processing of this data by the respective public authorities complies with the applicable data protection rules, in accordance with the purposes of the processing.

18.8. Third Party means a natural or legal person, public authority, agency or body other than the data subject, the operator, the person authorized by the operator and the persons who, under the direct authority of the operator or the person authorized by the operator, are authorized to process personal data .

19. Who is responsible for processing your personal data

19.1.Optimized Performance has appointed a person responsible for the protection of your personal data.