Data protection policy

As of May 25, 2018, the General Data Protection Regulation will begin to take effect throughout the European Union. This regulation represents the biggest change in the field of personal data protection in the last 20 years and has objectives that go far beyond the simple protection of private space.

The protection of your personal data is important to us, therefore, we pay special attention to the protection of the privacy of visitors who access the www.happy-pencil.com website, as well as those whose personal data were provided to us provided by a third party, or who we had access from another source, under Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, on the protection of individuals concerning data processing with a personal character and the free circulation of this data (hereinafter referred to as “GDPR”).

Please pay close attention to reading the following Policy to understand how your information (“personal data”) will be treated.

The policy explains the practices of HAPPY PENCIL A&G S.R.L. regarding the application of the provisions of the GDPR, as well as the rights you enjoy regarding how your information is processed by HAPPY PENCIL A&G S.R.L.

The processing of personal data carried out by HAPPY PENCIL A&G S.R.L. will always be carried out per the provisions of the GDPR, as well as with the regulations regarding the protection of personal data, specific to each country in which HAPPY PENCIL A&G S.R.L. operate.

Through this policy, HAPPY PENCIL A&G S.R.L. wants to inform data subjects about the nature of the personal data we collect and process, as well as about the purposes of the processing. In addition, the data subjects are informed through this policy and about the rights they benefit from.

WHAT IS PERSONAL DATA?

“Personal Data” means any information or information that can identify you directly (for example, your name) or indirectly (for example, through pseudonymous data, such as a unique identification number). This means that personal data includes things like your email address, home address, mobile phone, username, profile photos, personal preferences and shopping habits, user-generated content, financial information and information about your financial situation. It could also include unique numeric identifiers, such as your computer’s IP address or your mobile device’s MAC address, as well as cookies.

WHAT DOES PERSONAL DATA PROCESSING MEAN?

“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 collection, recording, organization, structuring, storage, adaptation or modification, extraction, consult, use, disclose by transmission, disseminate or otherwise make available, align or combine, restrict, delete or destroy.

PERSONAL DATA OPERATOR

The operator of personal data (hereinafter referred to as “the operator”) is HAPPY PENCIL A&G S.R.L.

DATA PROCESSING PRINCIPLES

HAPPY PENCIL A&G S.R.L. undertakes to comply with the personal data protection principles (hereinafter referred to as the “Principles”) provided by the GDPR, to ensure that all data is:

• Processed fairly, legally and transparently;

• Collected for specified, explicit and legitimate purposes;

• Adequate, relevant and limited concerning the purposes for which they are processed;

• Correct and up-to-date;

• Kept in a form that does not allow the identification of the data subjects for longer than is necessary for relation to the purpose of the processing;

• Processed per the rights of the data subject, in a way that ensures adequate security of the processing, so that the data is intact, confidential and available.

BASIS AND PURPOSES OF PERSONAL DATA PROCESSING

To conclude and execute contracts – According to art. 6 para. 1 lit. b) of the GDPR, personal data may be processed to conclude or execute the contract. To be able to offer you our products and services, we need to process your personal data.

To fulfil some legal obligations – According to art. 6 para. 1 lit. c) of the GDPR, personal data may be processed to fulfil legal obligations. We request a range of personal data, including, in certain situations, your personal identification number, to fulfil our obligations imposed by the tax authorities concerning invoicing and reporting to the tax authorities.

For marketing purposes – According to art. 6 para. 1 lit. a) of the GDPR, personal data may be processed if the data subject has given his consent for the processing of his personal data for one or more specific purposes. Thus, in certain situations, your personal data will be used to send you marketing messages, offers, news, future campaigns, and invitations to various events.

To fulfil our object of activity – According to art. 6 para. 1 lit. a) of the GDPR, personal data may be processed if the data subject has given his consent for the processing of his personal data for one or more specific purposes. Thus, we can contact you or transmit your personal data to achieve our objective of the activity. We will contact you to present our services and to establish possible dates for future communications.

PROCESSING THE CONTACT FORM

HAPPY PENCIL A&G S.R.L. will use the information you provide in the appropriate contact section on the website solely to process your request.

By providing any personal data through the HAPPY PENCIL A&G S.R.L. website, you understand and agree that your data will be processed per the provisions of this HAPPY PENCIL A&G S.R.L. policy.

HAPPY PENCIL A&G S.R.L. has adopted appropriate technical and organizational measures to ensure the security of data transfer, as well as the processing per GDPR requirements of your data by the previously mentioned entities.

HAPPY PENCIL A&G S.R.L. undertakes not to process the personal data provided for a purpose other than that for which they were transmitted, except in situations where there is your express consent to use them for other purposes as well.

DISCLOSURE OF PERSONAL DATA TO THIRD PARTIES

Personal data processed by HAPPY PENCIL A&G S.R.L. may be disclosed and/or transferred to third parties only in the situation where there is your express consent to do so, except in situations where there is a legal/contractual obligation for HAPPY PENCIL A&G S.R.L. to proceed in this way.

HAPPY PENCIL A&G S.R.L. will transmit your personal data to third parties such as local authorities in the countries where the contractual activity is carried out, to obtain approvals for the event. Also, HAPPY PENCIL A&G S.R.L. will transmit your personal data to local authorities in Romania, or to church authorities, to fulfil contractual duties.

Please keep in mind that it is possible that, under certain circumstances, we must disclose your personal data to the partners with whom HAPPY PENCIL A&G S.R.L. collaborate and/or other third-party service providers of HAPPY PENCIL A&G S.R.L.

AUTOMATIC DATA PROCESSING. COOKIES

The happy-pencil.com website uses cookies identifiers.

DATA STORAGE PERIOD

HAPPY PENCIL A&G S.R.L. may keep the processed data for different periods, deemed reasonable, per the previously indicated purposes. We keep your data only for the period necessary to achieve the purpose for which we hold the data, to meet your needs or to fulfil our obligations imposed by law.

To know how long your data can be kept, we use the following criteria:

• When you purchase products and services, we retain your personal data for the duration of our contractual relationship;

• If you participate in a promotional offer, we keep your personal data for the duration of the promotional offer;

• If you contact us with a question, we keep your personal data for the time necessary to process your questions, but no longer than 5 years after the last correspondence sent;

• If you create an account, we retain your personal data until you request that we delete it or after a period of inactivity (without active interaction with us). In this sense, we note that the data processed for this purpose will be deleted 5 years after the last interaction with the account user (such as, for example, logging into your account);

• If you have provided your consent for marketing, we retain your personal data until you unsubscribe or ask us to delete it, or after a period of inactivity (without active interaction with our brands) defined per local regulations and rules. In this regard, we note that the data stored in our databases for the purpose of direct marketing communications is deleted from the records of these databases 5 years after the last interaction with you;

• If cookies are stored on your computer, we keep them for as long as necessary for them to achieve their purposes (for example, for the duration of a session for session ID cookies) and for a period defined per local regulations and guidelines. In this sense, we mention that the data processed by the cookie modules used to allow the distribution of our content on social media sites (distribution buttons intended to display the site), will be kept for a maximum period of 5 years from their collection, based on your consent.

THE RIGHTS OF THE PERSONS CONCERNED

Per the GDPR, you have several rights regarding the personal data that HAPPY PENCIL A&G S.R.L. processes them:

• Right of access to data processing – You have the right to access the personal data we hold. The first provision of information will be made free of charge. If you require further copies of the information already provided, we may charge a reasonable fee taking into account the administrative costs of providing the information. Manifestly unfounded, excessive or repeated requests may not receive a response.

• Right to data rectification – You have the right to request that your Data be rectified if it is inaccurate or out of date and/or complete if it is incomplete. If you have an account, it may be easier to correct your own data via the “My Account” function.

• The right to data erasure (“the right to be forgotten”) – In some cases, you have the right to obtain the erasure or destruction of your data. This is not an absolute right as we may sometimes be forced to retain your data for legal or legal reasons.

• The right to restriction of processing – You have the right to request the restriction of the processing of your data. This means that the processing of your data is limited so that we can keep the data but not use or process it. This right applies in specific circumstances provided for by the General Data Protection Regulation, namely:

• the accuracy of the data is contested by the data subject (i.e. you), for a period that allows the operator (i.e. HAPPY PENCIL A&G S.R.L.) to verify the correctness of the data;

• the processing is illegal and the data subject (i.e. you) objects to the deletion of the data and requests the restriction of its use;

• the operator no longer needs the data for processing, but they are requested by the data subject (i.e. you) to establish, exercise or defend legal claims;

• the data subject (i.e. you) has objected to processing based on legitimate grounds by the controller based on the verification that the legitimate grounds of the controller outweigh those of the data subject (i.e. you).

• The right to data portability – You have the right to move, copy or transfer the data you are interested in from our database to another. This only applies to data that you have provided, where the processing is based on your consent or based on a contract and is implemented by automated means.

• Right to object – You can object at any time to the processing of your data when such processing is based on legitimate interest.

• Right to withdraw consent at any time – You may withdraw your consent to the processing of your data where such processing is based on consent. Withdrawal of consent does not affect the lawfulness of processing based on consent before its withdrawal.

• The right to file a complaint with the competent supervisory authority – You have the right to file a complaint with the data protection authority of your country of residence or domicile to challenge the data protection practices offered by HAPPY PENCIL A&G S.R.L.

• The right to object to the processing of your data for direct marketing purposes – You can unsubscribe or opt-out of our direct marketing communication at any time. It’s easier to do this from your account.

• The right to object to the processing of your data by us when we carry out actions in the public interest or in our own or a third party’s legitimate interests – You can object at any time to the processing of your data when such processing is based on a legitimate interest.

• The right to disable Cookies – you have the right to disable cookies. Internet browser settings are usually programmed by default to accept cookies, but you can easily adjust them by changing your browser settings. Many cookies are used to enhance the usability or functionality of websites/applications; therefore, disabling cookies may prevent you from using certain parts of our websites or applications. If you wish to restrict or block all cookies set by our websites/apps (which may prevent you from using certain parts of the website) or any other websites/apps, you can do so through your browser settings. The Help function in your browser will tell you how;

You can exercise any of these rights concerning the personal data that HAPPY PENCIL A&G S.R.L. processes by sending a simple request to office@happy-pencil.ro. In such a situation we may very well ask for proof of your identity.

LEGAL REQUESTS

We access, retain and provide your information to regulatory authorities, law enforcement or other entities:

• In response to a legal request, when we believe in good faith that the law requires us to do so.

• We may also respond to requests of a legal nature when we believe, in good faith, that the response required by the laws of that jurisdiction affects users in that jurisdiction and conforms to internationally recognized standards.

• When we believe, in good faith, that it is necessary to: detect, prevent and respond to acts of fraud, unauthorized use of any material belonging to us, violations of our terms or policies, or other harmful or illegal activity, to protect us (including our rights, property or materials), you and others, including in the context of investigations or inquiries by regulatory authorities or to prevent imminent death or personal injury. For example, if relevant, we provide information to and receive information from third parties about the reliability of your account to prevent fraud, abuse and other harmful activity within and outside of our Materials.

• The information we receive about you may be accessed and stored for a longer period when it is subject to a legal request or legal obligation, a government inquiry, investigations into possible violations of our terms or policies, or in other cases to prevent damages.

RELATIONS WITH OTHER OPERATORS

Depending on the context, we may find ourselves in the situation of the absolute need to provide information at a higher level, both globally and internally or externally, to our partners and those with whom we transfer data in compliance with the GDPR, in the virtue of ensuring the provision of the most professional services possible. Information controlled by HAPPY PENCIL A&G S.R.L. may be transferred, transmitted or stored and processed in the EU or in countries other than your country of residence for the purposes described in this policy. These data transfers are necessary to be able to provide services at the highest level, as well as to continue to provide you with our materials at the best professional level. We use standard contractual clauses approved by the European Commission and rely on country-specific adequacy decisions issued by the European Commission, as appropriate, for transfers of data from the EEA to the United States and other countries.

Also, depending on the location where you want the event to take place, we will make your personal data available to public authorities and suppliers in countries for which there is not yet a decision on the appropriate level of personal data protection, this is being done exclusively with your consent and only to fulfil our obligations under the contract.

PROCESSING SECURITY

HAPPY PENCIL A&G S.R.L. has adopted technical and organizational data processing measures, updated per GDPR requirements, intending to protect your personal data against any actions of unauthorized access, improper use or disclosure, unauthorized modification, destruction or accidental loss. All employees and collaborators of HAPPY PENCIL A&G S.R.L., as well as any third parties acting in the name and on behalf of HAPPY PENCIL A&G S.R.L., are required to comply with the confidentiality of your information and GDPR requirements per the provisions of this policy.

UPDATE OF PERSONAL DATA PROTECTION AND PROCESSING POLICY

Please keep in mind that this Policy may be subject to periodic content changes, by updating the happy-pencil.com website.

How will we notify you of changes to this Policy?

We will notify you before we make any changes to this Policy and allow you to review this revised Policy before choosing to continue using our materials.

Please do not continue to use the happy-pencil.com website if you do not agree with such changes. We also recommend checking this page for any updates.

The terms of this policy shall be interpreted per applicable law.

CONTACT

If you have any questions or concerns about how we treat and use your personal data or wish to exercise any of your rights please contact us at office@happy-pencil.ro.