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PRIVACY AND DATA PROTECTION POLICY
For purpose of protection of personal data of
our customers and complying with all applicable legislation relating to the
protection of personal data, we implement the following Privacy and Data
Protection Policy (“Policy”), which sets out the main aspects in relation to
which personal data we collect and process on our Website and mobile
application, for what purposes we collect and process such data, how we use
such information, how you can change such information, your preferences for our
communication with you as well as how we ensure the protection of such personal
data and your rights relating to your personal data.
We comply with the applicable legal provisions
and the personal data we receive and/or collect from you, process, store or
keep, are processed according to the applicable legislation and exclusively for
the purposes provided within this Policy.
It is important to mention that this Policy
applies to you irrespective of the manner how you access our website/mobile
application, respectively it covers any device through which our Website and
mobile application is made accessed by you (via phone, tablet, PC etc.).
Before further action on our Website and/or
mobile application , we strongly recommend you to read this Policy carefully.
If you do not agree with this Policy and you do
not want your personal data to be used as it is detailed herein, you should not
continue to use our Website and/or mobile application and not provide us with
your personal data.
We underline that every time you use our Website
and/or mobile application , you are subject to our Policy and by further
accessing, browsing and otherwise using our Website and/or mobile application ,
you confirm that you have read, understood and consented to this Policy.
Joint controllers are:
1.
Tema Retail BA društvo sa ograničenom
odgovornošću za trgovinu, a company registered and functioning under the BiH
laws, with headquarters in Bosnia and Herzegovina, Sarajevo, Fra Anđela
Zvizdovića 1, duly registered with the Municipal Court in Sarajevo under
registration no. 65-01-0348-10, email bosnia@lcwaikiki.info, for all operations related to the conclusion and
execution of the distance sale agreement (orders, shipment, etc.);
2.
LC WAIKIKI MAĞAZACILIK
HIZMETLERI TIC. A.Ş., sole shareholder of Tema Retail BA društvo sa ograničenom odgovornošću za
trgovinu
registered
under Turkish laws, with headquarters in Turkey, 15 Temmuz Mahallesi Gülbahar
Cad. No:41 Bağcılar, 34212 İstanbul, Turkey.
In other words, both Tema Retail BA društvo sa
ograničenom odgovornošću za trgovinu and LC WAIKIKI MAĞAZACILIK HIZMETLERI TIC.
A.Ş., (jointly
“We”, “Company” or “the Joint Controllers”), are Joint Controllers of the data.
This means that we have regulated and are jointly responsible for processing
and protecting your personal data.
When you access or browse our Website and/or
mobile application, as well as when you make online purchases through our
Website and/or mobile application , when you subscribe to our e-bulletins and
website which announce our services and campaigns, we will collect some of your
personal data, including some of sensitive data as defined under the applicable
legislation, to serve you better, such as:
Personal data listed above are processed based on the
Law on Personal Data Protection (Official Gazette of BiH No 12/25) (“Law”)
as explained below.
Please note that; in order for you to be able to create a personal
account on our Website and/or mobile application and to make any online
purchase (even as a Guest), it is mandatory for you to provide us with all the
personal data as follows: name and family name, address, email address, phone
number, billing details and delivery address. If you do not agree to provide to
us such personal data, you will not be able to create your own personal account
and/or to make purchases on our Website and/or mobile application .
Namely, Company collects and process your
personal data for the purpose of conducting of online sale and entering into
agreement on online sale i.e. processing necessary for the purpose of
performance of the agreement entered into data subject or for performance of
the actions, at the request of data subject, before entering into agreement (in
accordance with the Article 8. paragraph 1. point b) of the Law). By filing
specific form for services which are offered on our Website and/or mobile application
, i.e. by creating your private account on our Website and/or mobile application
, You confirm that You are informed on this Policy and that You accept it.
Further, personal data for the purpose of
marketing and sending of e-bulletins, sending of surveys on customer’s
satisfaction, evaluation of the satisfaction of the customer with service of
purchase, are processed solely based on your consent (in accordance with the
Article 8. paragraph 1. point a) of the Law). You can recall the consent given
at any time by sending the statement to the Company at email or mail address as
determined further below. Upon receipt of recall of consent the Company is
committed to destroy all data and not to save it or use it any further. The
recall of consent does not affect the legality of the processing which was
performed based on consent before such recall.
We mention that, beside the personal data
detailed above, we can collect information about your device, as well as other
statistical and technical data and information, as follows: frequency and
duration of your visit of the Website and/or mobile application , times of
ordering and IP address at the time of ordering, statistics about product pages
visited and ordered products.
These data are collected and used by us (1) in
order to analyze your visitor actions and preferences and are collected based
on consent (in accordance with the Article 8. paragraph 1. point a) of the Law),
(2) and to administer the website and mobile application, for statistical
purposes and for security reasons based on our legitimate interest (in
accordance with the Article 8. paragraph 1. point f) of the Law).
The statistical and technical data provided by
your browser and/or device can also be used for marketing and advertising
purposes, with the mention that these data will not be connected with your
personal data and will not be used to identify you.
As part of the processing of any order, and
depending on the payment method selected by you when placing your order, you
will be requested to provide data regarding your bank account, information
regarding your credit card, and such data shall be used both for performing any
payments to us or for our refunds to you, as the case may be.
We mention that in such case, you will offer
your payment data directly to the payment processor and not to us and
therefore, you will be subject to the privacy policy of the payment processor.
We recommend you to read these terms and
conditions before selecting this payment method. The credit card information
used for placing your order shall never be kept or stored in our system.
In the event of a refund to your
account for a purchase for which you paid in cash, we process your data as
follows: your name and family name, address, bank name and account number
and/or IBAN.
Accordingly, we collect your personal data for
the following purposes:
all for the purpose of performing the
actions at your request prior conclusion of the agreement and execution of the
agreement (in accordance with the Article 8. paragraph 1. point b) of the Law),
Please note that; we do not and will not
knowingly collect information from any unsupervised person under the age of 18.
If you are under the age of 18, you must not use this Website and/or
mobile application or submit any
personal data to us.
Moreover, the personal data collected by the us
through Website and/or mobile application shall be used also for the following purposes:
Company stores in a
systematic manner the collected data for the purpose of entering and execution
of sale contract only during commercial relations between Company and you, as determined
under related agreement, provisions and conditions of Company and other related
general acts of the Company, i.e. within the term set out by laws on accounting
and related regulations. Once your personal account on the website of Company
is cancelled or deleted, without obligations or debt towards Company, the
Company shall immediately delete all personal data that you gave and which were
collected in accordance with this Privacy and Data Protection Policy, except
the data which Company is obliged to keep in accordance with and within term
prescribed under accounting regulation and regulation of protection of rights
of consumers.
Company informs you
that in case of deletion or cancellation of your private account on the
website, specific personal data such as: data on pages of products which you
visited and ordered products, browsing, statistical data will be anonymized and
further processed only for statistical purposes and shall not be in any way
related to you, based on legitimate interest of the Company. The Company
provides the implementation of the technical, organizational and personnel
measures, i.e. anonymization of data in a manner that it is unabled identification of person, and with respect of
the principle of minimization of data.
Data collected based on
our legitimate interest, shall be kept until such legitimate interest exists, in accordance with law.
Data collected for the
purpose of marketing based on Your consent, shall be kept until withdrawal of
consent which may be given in any time.
Data collected for the
purpose of evaluation of satisfaction of customers, by surveys on satisfaction
with our services, based on your consent, shall be kept 2 years, and in any
case until withdrawal of consent which may be given in any time.
Data collected for the
purpose of analyse of shopping habits of customers, improvement of customer’s
experience, providing of personalized recommendations, based on your consent,
shall be kept 5 years, and in any case until withdrawal of consent which may be
given in any time. After withdrawal of consent the data processing is not
allowed, but withdrawal does not affect the legality of processing based on
withdrawal before such withdrawal.
For what purpose and
based on which legal ground do we use your personal data?
Your personal data are processed by the Company for
legitimate purposes, according to the legal regulations in force, as follows:
The personal data collected on the website may
be shared with, disclosed to or processed by our personnel or partner companies
that provide related services (such as companies providing cargo and delivery
services, call centres, database services, advertising and marketing agencies,
services of analyse of shopping habits of customers, services of measuring of satisfaction
of the services of our Call Center, etc.).
We can disclose and/or transfer your personal
data to our group companies of LC WAIKIKI Mağazacılık Hizmetleri A.Ş. (only in
the counties that provide adequate level of personal data protection according
to applicable legislation and where personal data are transferred to group
companies in countries for which no adequacy decision exists, we ensure an
appropriate level of protection by implementing appropriate safeguards), but
also to relevant governmental authorities where law so requires, in order to
better serve our customers and fulfil our obligations towards customers. Since
Turkey at the moment is not listed as
the country that ensures adequate level of personal data protection by EU and
BiH did not pass such decision yet (as defined under Article 47 of the Law) and
since at this period there are no appropriate safeguard measures as per Article
48 of the Law, your personal data shall be transferred to Turkey based on
Article 51. paragraph 1. point b) - given that the transfer is necessary for
the performance of the contract between you, as the data subject, and the joint
data controllers, and is supported by your explicit consent (in accordance with
Article 51 paragraph 1 point a) and only to LC WAIKIKI Mağazacılık Hizmetleri
A.Ş that protect and ensure privacy of your personal data at the same level as
prescribed by the Law. For this purpose, we will apply the provisions of the
Standard Contractual Clauses adopted at the level of the European Union.
You can recall the consent given at
any time by sending the statement to the Company at email or mail address as
determined further below.
However, your personal data is in any case
protected by the Company and we also make sure that such companies with which
your personal data is shared to protect and ensure privacy of the same level
for your personal data.
Personal data and other information we collect
from you can be transferred outside Bosnia and Herzegovina to any country which
is member of European Union. By agreeing to the terms and conditions of this
Policy you give your consent for delivery and transfer of data to the relevant
related companies of LC Waikiki in the listed countries only, which provide the
adequate level of personal data protection.
In case of transfer of data to countries or
parts of countries in which there are no determination that provide adequate
level of protection of personal data, Company states and warrants that
collected data will be transferred strictly in accordance with the Law on
Personal Data Protection, i.e. that appropriate measures for protection of
these data are provided and that to data subject are provided the exercising of
its rights and efficient legal protection. For more information on transfers of
personal data outside Bosnia and Herzegovina, you can contact LC WAIKIKI; szlp@lcwaikiki.com.
Other than that, your personal data is never
disclosed to any third parties, whether real persons or legal entities that
have no commercial relationship with us for the purposes of this Website and/or
mobile application , and is not used or sold for any commercial purpose.
As far as the exclusion is and up to the limits
permitted under the applicable legislative, we have no control and assume no
liability for the transfers of your personal data and other information
performed by other partner companies that provide related services on our
website or in connection hereto.
By ordering and purchasing of our product
through our website or mobile application, and by providing consent for
contacting you for marketing purposes, you gave consent that we may send
surveys of satisfaction of our services to your email address.
Such surveys include questions re your ratings,
comments and recommendations re our services. Please note that such provided
data (including gender, age, city of residence) will be processed anonymously
by our internal team and will be shared anonymously (not related to you)
through servers to our parent company in Turkey. Except for the data shared by
the customers via surveys (ratings of service, gender, age, city of residence,
order number, IP address), personal data such as your name and surname and
e-mail will not be shared.
Before you completing the survey and sending the
survey to us, you give the consent for processing and transfer of personal
data, for purposes and in manner as explained in this Policy.
E. Security
and Protection of Data
The Company respects the privacy of its
customers' personal information and uses its best efforts using the latest
technology to ensure the same.
Company implements physical, electronic,
technical, and organizational and personnel measures to ensure the security of
our system and protection of your personal data. Access to data is restricted
only for authorized persons and data is stored and backed up in secure servers.
The data obtained through our website our
transferred via SSL (Secure Socket Layer) technology that ensures secure
transfer of data.
On pages where you provide your payment details
on our website, you will notice that at the far right on the address line
(depending on the browser you use) there appears the image of a lock or key and
the first letters appearing on this address line change from http to https. If
you see this, you can be sure that our website is on secure servers.
Company uses techniques of pseudonymization,
encryption and other available measures of protection, as required in
accordance with the Law .
It is important for us to insure you all your
rights in connection with your personal data, reason for which we would like to
inform you that, according to the applicable regulations, you have the
following rights:
Further processing of the personal data which
processing is restricted, is possible only upon consent of the data subject,
with the exception of their storage or for the purpose of submitting, exercise
or defence of the legal claims or for the protection of the rights of another
physical or legal person or for exercising of the important public interests.
We offer you the right to control whether or not
to receive mentioned during your whole experience on our Website and/or
mobile application .
In this respect, please be informed that, for
the purposes of direct marketing (since we initially collect your personal data
in the context of the sale of our products through our Website and/or mobile
application and for purpose of conclusion of the sale and purchase contract) we
require your consent to further use your personal data, as offered by you, for
our commercial purposes, marketing, sending of newsletters and similar.
In this case, you can always revoke your consent
for the personal information used for marketing purposes (e.g. Sending news
bulletins or sending offers to your e-mail address), including when we
initially collect your personal data or on each of the occasions you receive
one of our messages and unsolicited communication.
If you choose to opt out of e-bulletin
subscription continuously and at any time, you can easily opt out, free of
charge and in an easy manner from the e-bulletin subscription, by clicking on
the link "If you do not wish to receive such emails, please click to
unsubscribe" appearing in e-bulletins which we send to you on a regular
basis.
You can get in touch with us using the following
contact details:
For Joint Data controllers: Tema Retail BA društvo sa ograničenom odgovornošću za
trgovinu
Address: Fra Anđela Zvizdovića 1, Sarajevo
Data protection officer:
Email: szlp@lcwaikiki.com
