PRIVACY POLICY, COOKIES AND DIRECT MARKETING

GENERAL INFORMATION

On May 25, 2018, a new regulation called Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 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 the Directive entered into force in the European Union 95/46/EC (hereinafter “GDPR”). It provides strict and specific guidelines, e.g. on how personal data is collected and handled.

We inform you that our company also complies with the GDPR regulation. You can read the entire regulation at the link.

When conducting business, we also process personal data in accordance with the Personal Data Protection Act (ZVOP-2). You can read the entire law at the link.

Who are we?

The controller of personal data is:
Company name: FRUTILU d.o.o.
Company headquarters: Žlebe 78, 1215 Medvode, Slovenia, EU
(hereinafter “FRUTILU” or “Operator”)

Website: www.frutilu.com

(hereinafter “website”)

Email address: [email protected]

Further contact information of the controller is available at https://frutilu.com/kontakt/.

How do we protect your data?

We use a variety of technical and organizational security measures, including encryption and authentication tools, to keep your personal information secure.

COLLECTION AND PROCESSING OF PERSONAL DATA

The administrator uses the customer’s personal data for the purposes of order processing, such as sending the order summary, information about the delivery of the order, creating an invoice and for other necessary communication. The seller can also use the buyer’s email address to inform about benefits, news and for other promotional purposes. When sending promotional messages, the seller does not use automatic profiling, but only general content. If the user of the website does not complete the purchase, the seller can inform him via e-mail about the incomplete purchase. Collected personal information may also be used for other general business purposes, such as maintaining user accounts, conducting internal and market research, and measuring the effectiveness of advertising campaigns. We process data collected on social networks for the purpose of informing consumers about current campaigns and offers.

The seller does not collect or process personal data, except when the user of the website expressly consents to this – i.e. when placing an order, when entering an e-mail address in the box for receiving e-news, when registering on the website, when participating in a prize game and upon agreeing to the use of cookies on the website.

If you do not agree with the collection and processing of personal data, it is not possible to place an order on our website.

The personal data collected and processed by the seller are:

• customer contact information (e-mail address and phone number),
• address for delivery of goods,
• the company, insofar as the buyer enters this information,
• the date and time of the placed order,
• the contents of the basket,
• method of payment and delivery of goods,
• the history of the use of promotional discount codes,
• data on the history of purchases made,
• data of issued invoices,
• data on communication between the seller and the buyer (e-mail messages),
• information about website users (IP address or unique device ID, advertising ID, date, time and duration of website visits, information about the location or entry point of Internet access, type of operating
• system and browser type and version, information about visited subpages, information about settings made),
• data on entries in online forms (e.g. in the context of prize games and subscriptions to e-newsletters),
• other data that users voluntarily provide to the seller when placing an order (e.g. notes, ratings, comments, etc.),
• comments, ratings and shares on our social networks.

Under no circumstances will the user’s data be handed over to unauthorized third parties.

E-newsletter subscribers can cancel their subscription at any time by sending a cancellation request to [email protected], or by clicking on the unsubscribe link at the bottom of the e-newsletter.

Frutilu d.o.o. and the online store www.frutilu.com do not use the function of automated decision-making, including the creation of profiles.

The legality of personal data processing is determined by Article 6 of Regulation (EU) 2016/679, point 1.(a) – consent of the individual to the processing of personal data, 1.(b) – data processing for the performance of the contract and 1.(f) – legitimate interests personal data controller.

SERVICE MY ACCOUNT

Purpose of personal data processing

The purpose of processing personal data provided by the user of My Account (hereinafter “account user”) is to provide services to the account user, such as providing the following information to the account user:

• information about the Account User’s recent orders placed through the Website;
• information about the account user’s name, surname, e-mail address and delivery and invoicing addresses for his orders placed through the website, and
• information about goods marked as Add to Wish List by the account user on the website.

The account user has the option to change their information such as first name, last name, e-mail address and the shipping and billing addresses for their orders.

Legal basis for processing personal data

The legal basis for the processing of personal data provided by the user of My Account is the fulfillment of the Controller’s obligations arising from the concluded user account agreement and from legal regulations (this is, for example, the Controller’s obligation arising from legal regulations on the mandatory archiving of personal data ).

How long do we keep your data?

We keep data only for as long as is necessary to provide the My Account service and, if applicable, for the period of mandatory archiving of personal data.

What rights do you have to your data?

The account user has the right to request from the controller access to personal data, correction or deletion of personal data, restriction of processing in relation to the individual to whom personal data refer, or to object to processing, as well as the right to data portability. These rights are regulated in more detail in Articles 15 – 20 GDPR.

The account user has the right to lodge a complaint with the Information Commissioner of the Republic of Slovenia, at Dunajska cesta 22, 1000 Ljubljana, Slovenia, telephone number: 00 386 (0)1 230 97 30, email address: [email protected], web page https://www.ip-rs.si/.

The User of My Account has the right to cancel the contract, as does the Administrator (e.g. by written notice or email to the User’s email address).

Request to provide personal data

The requirement to provide Personal Information provided by the Account User is based on the Customer Account Agreement and the requirement to be included in the Customer Account Agreement. If the user of the account does not provide the provided personal data to the administrator, the administrator e.g. would not be able to fulfill its obligations under the customer account agreement. The request to provide the e-mail address of the account user is necessary to conclude a customer account contract. If this personal data is not provided, it would not be possible to conclude a user account agreement at all.

CONTRACT OF SALE

Purpose of personal data processing

The purpose of the processing of personal data provided by the buyer is the realization of the purchase of goods.

Legal basis for processing personal data

The legal basis for the processing of personal data provided by the buyer is the fulfillment of the operator’s obligations from the concluded sales contract (i.e., the operator’s obligation to deliver the ordered goods to the buyer) and from legal regulations (i.e., the operator’s obligation arising from legal regulations on the mandatory archiving of personal data) and further the legal interest of the controller, which is represented by the enforcement of any legal claims from the controller. against the customer in connection with the purchase of goods, including the enforcement of any claims of the operator against the customer by extrajudicial means.

How long do we keep your data?

Personal data provided by the buyer will be kept for four years from the conclusion of the sales contract and, if necessary, for a period of mandatory archiving of personal data.

What rights do you have to your data?

The customer has the right to request from the controller access to and correction or deletion of personal data or restriction of processing in relation to the individual to whom the personal data relates, or to object to the processing and the right to data portability. These rights are regulated in more detail in Articles 15 – 20 GDPR.

The customer has the right to file a complaint with the supervisory authority, which is the Information Commissioner, with headquarters at Dunajska 22, 1000 Ljubljana, Slovenia, Europe, website: www.ip-rs.si/en/, email address: gp.ip@ip-rs .si, phone number: +386 (0)1 230 97 30.

Request to provide personal data

The request for transmission of personal data by the Controller is based on the law, the purchase agreement and the requirement that must be contained in the purchase agreement. Assuming that the buyer wants to conclude a sales contract with the Manager, he is obliged to provide personal data to the Manager. If the buyer does not provide the provided personal data to the controller, the controller e.g. would not be able to fulfill its obligations from the sales contract and the legal regulations arising from it. In order to conclude a sales contract, it is also necessary to submit the buyer’s identification data. If these personal data, i.e. the customer’s identification data, are not provided, it would not be possible to conclude a sales contract at all.

DISCLOSURE OR TRANSFER OF INFORMATION TO THIRD PARTIES

Personal data of buyers and users of the website www.frutilu.com may be disclosed by the operator to third parties when required by applicable legislation, when the operator receives a request from a competent authority and in response to a court or other official procedure.

Personal data of customers and users of the website will be processed by employees of the company Frutilu d.o.o., as well as representatives and legal entities with whom the company Frutilu d.o.o. concluded contract (such as Pošta Slovenije, GLS courier service, Packeta, PayPal payment platform, Stripe payment platform for all payments with credit or debit cards and NovaKBM, where the company Frutilu d.o.o. has an open transaction account).

COOKIES

Our website uses so-called cookies.

The list and cookie settings are available at the following link.

Legal basis for processing personal data

The processing of personal data related to technical cookies is necessary for the purposes of legitimate interests pursued by FRUTILU.

The processing of personal data related to the credit card and the PayPal plugin is necessary for the purposes of the legitimate interests pursued by FRUTILU.

The legal basis for the processing of personal data in relation to other non-technical cookies is your consent to the use of non-technical cookies.

Legitimate interests pursued by FRUTILU

The legitimate interest pursued by FRUTILU regarding technical cookies is its right to conduct business.

The legitimate interest pursued by FRUTILU in relation to the credit card and the PayPal plugin ensures that FRUTILU is not a victim of fraud and protects FRUTILU’s legal rights set out in the Terms of Service.

Recipients of personal data

The recipient of your personal data may be the provider of the Google Analytics service or the company Google LLC, with its registered office at 1600 Amphitheater Parkway, Mountain View, CA 94043 United States of America. Additional details about Google Analytics are available at https://marketingplatform.google.com/about/analytics/. Additional company details are available at https://about.google/?utm_source=google-CZ&utm_medium=referral&utm_campaign=hp-footer&fg=1.

The recipient of your personal data may be the provider of the Meta Pixel service, i.e. Meta Platforms, Inc., located at 1 Meta Way, Menlo Park, CA 94025-1453, United States of America. Additional details about the Meta Pixel service are available at www.facebook.com/business/tools/meta-pixel. Additional company details are available at https://about.meta.com/metaverse/?utm_source=about.facebook.com&utm_medium=redirect.

We inform you about the existence of the decision of the European Commission on adequacy.

What rights do you have to your data?

You have the right to request access, correction and deletion of personal data or restriction of processing related to personal data from the controller, as well as the right to data portability. These rights are regulated in more detail in Articles 15 – 20 GDPR.

You have the right to object to the processing. This right is regulated in more detail in Article 21 of the GDPR.

You have the right to file a complaint with the supervisory authority, which is the Information Commissioner, with headquarters at Dunajska 22, 1000 Ljubljana, Slovenia, Europe, website: www.ip-rs.si/en/, email address: gp.ip@ip-rs .si, phone number: +386 (0)1 230 97 30.

You have the right to withdraw consent at any time without affecting the lawfulness of processing based on consent prior to its withdrawal. You can revoke your consent e.g. by sending an email to the email address [email protected] with the text I withdraw my consent to non-technical cookies.

DIRECT MARKETING

Purpose of processing

The purpose of processing the e-mail address provided by the buyer when concluding the sales contract is to send business messages to the buyer in general.

Legal basis for processing

The processing of the email address provided by the customer is necessary for the purposes of legitimate interests pursued by FRUTILU.

Legitimate interests pursued by FRUTILU

The legitimate interest pursued by FRUTILU is conventional direct marketing.

How long do we keep your email address?

We store your e-mail address until you refuse to consent to the use of the e-mail address for FRUTILU direct marketing.

Right to refuse consent to use of email address for direct marketing

You have the option to easily and free of charge refuse to consent to the use of the provided email address for FRUTILU direct marketing in the footer of the email message by clicking on “unsubscribe”.

Žlebe, 06/06/2024