Terms & Conditions

Privacy Policy

Introduction

Welcome to brand-activator.eu, based and headquartered in Plovdiv, Bulgaria. For privacy questions, please contact us at: contact@brand-activator.eu.

Privacy is important to us. We are well aware that privacy has become a major challenge, and our sincere desire is that you are happy with your communication with us. It is important to know that we value your personal data and make every effort to protect it.

This document will acquaint you with the ways in which we treat personal information, the purpose of this treatment, and its benefits for you. We will inform you of your rights and the ways you can contact us. By using this website, you agree to the collection and processing of your personal data in compliance with this privacy policy.

Please read this privacy policy carefully before using this website, and if you have any questions about this privacy policy, please contact us at: contact@brand-activator.eu. If you do not agree to any of the conditions contained in this privacy policy, you should not use this website.

Updates to the Privacy Policy

Along with the development of business and technology, we may need to make changes to this Privacy Policy. We recommend that you regularly review its content to make sure you are familiar with the latest updates we have introduced in connection with the use of your personal information.

If you are under 14 years, please wait a little longer before contacting us or seek help from a parent or guardian! Without their consent, we cannot collect and use your personal data.

Supervisory Authority

Commission for Personal Data Protection
Address: Republic of Bulgaria, Sofia 1592, 2 Prof. Tsvetan Lazarov Blvd.
Telephone: +3592/91-53-518; +3592/91-53-515; +3592/91-53-519
Fax: +3592/91-53-525
E-mail: kzld@cpdp.bg
Website: www.cpdp.bg

Purpose and Scope of the Privacy Policy

1.1 The Controller understands the privacy concerns of the visitors to this Website (hereinafter referred to as “individuals”) regarding the protection of personal data and is committed to protecting their personal data by applying all the standards for the protection of personal data in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (hereinafter referred to as “GDPR”). With this Privacy Policy, the Controller respects the privacy of individuals and undertakes every effort to protect the personal data of individuals against unlawful processing by applying technical and organizational measures, which measures are entirely consistent with state-of-the-art technological developments and provide a level of protection that corresponds to the risks associated with the processing and the nature of the data that should be protected.

1.2 With this Privacy Policy and in compliance with the requirements of the GDPR, the Controller provides information on:

• The purpose and scope of this Privacy Policy;
• Personal data collected and processed by the Controller;
• Purposes of personal data processing;
• Period for which the personal data will be stored;
• Mandatory and voluntary nature of the provision of personal data;
• Processing of personal data;
• Protection of personal data;
• Recipients of personal data;
• Rights of individuals;
• A procedure to exercise the rights.

Definitions

2.1 For the purposes of the GDPR and this Privacy Policy, the following terms shall have the following meaning:

• Personal data means any information relating to an identified or identifiable natural person (‘individual’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier, or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person;
• Processing of personal data means any operation or set of operations that is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination, or otherwise making available, alignment or combination, restriction, erasure, or destruction;
• Restriction of processing means the marking of stored personal data with the aim of limiting their processing in the future;
• Profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular, to analyze or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location, or movements;
• Controller means the natural or legal person, public authority, agency, or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data;
• Processor means a natural or legal person, public authority, agency, or other body that processes personal data on behalf of the controller;
• Recipient means a natural or legal person, public authority, agency, or another body, to which the personal data are disclosed, whether a third party or not;
• Third-party means a natural or legal person, public authority, agency, or body other than the individual, controller, processor, and persons who, under the direct authority of the controller or processor, are authorized to process personal data;
• Consent of the individual means any freely given, specific, informed, and unambiguous indication of the individual's wishes by which he or she, by a statement or by clear affirmative action, signifies agreement to the processing of personal data relating to him or her;
• Personal data breach means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, personal data transmitted, stored, or otherwise processed.

Principles Relating to Processing of Personal Data

3.1 The Controller observes the following principles relating to the processing of personal data:

• The personal data are processed lawfully, fairly, and in a transparent manner in relation to the individual (‘lawfulness, fairness, and transparency’);
• The personal data are collected for specified, explicit, and legitimate purposes and not further processed in a manner that is incompatible with those purposes;
• The personal data are adequate, relevant, and limited to what is necessary in relation to the purposes for which they are processed (‘data minimization’);
• The personal data are accurate and, where necessary, kept up to date (‘accuracy’);
• The personal data are kept in a form that permits identification of individuals for no longer than is necessary for the purposes for which the personal data are processed (‘storage limitation’);
• The personal data are processed in a manner that ensures appropriate security of the personal data, including protection against unauthorized or unlawful processing and against accidental loss, destruction, or damage, using appropriate technical or organizational measures (‘integrity and confidentiality’).

Personal Data Collected and Processed by the Controller

Processing of Special Categories of Personal Data (“Sensitive Data”)

4.1 The Controller does not collect and record special categories of personal data, such as: personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, as well as genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health, or data concerning a natural person’s sex life or sexual orientation. Individuals shall not provide such sensitive data to the Controller. If the individual negligently or intentionally provides sensitive data to the Controller, the Controller undertakes to immediately delete such data.

Personal Data Collected Directly from Individuals

Personal Data Collected Directly from Individuals When Individuals Contact the Controller Using the Contact Form of the Website

5.1 Individuals provide personal data to the Controller when they contact the Controller by sending a message using the contact form on the Controller’s website at: contact@brand-activator.eu. When the individual sends a message to the Controller using the contact form to contact the Controller, the Controller collects and processes the name of the individual, the e-mail address, telephone number which is not a mandatory field, and the other information that the individual provides in the sent message, such as the address. These personal data are processed for the purpose of communication with the individual and record keeping. The processing of these personal data is necessary:

• for the realization of the legitimate interests of the Controller, whose legitimate interests are sending the received messages, as well as saving the received messages;
• for actions preceding the conclusion of a contract and undertaken at the request of the individual, namely providing more information on the services offered by the Controller in connection with a possible conclusion of a contract with the individual.

The Controller uses the services of an email service provider to store received emails on a server that is located in the Republic of Bulgaria.

Personal Data Collected Directly from Individuals When Individuals Contact the Controller by Sending a Message Using the Facebook Platform

5.2 Individuals provide personal data to the Controller when they contact the Controller by sending a message using the Facebook platform via the Facebook messaging service available through the Facebook administrator page at: https://www.facebook.com/BrandActivator. When the individual sends a message to the Controller using the Facebook platform via the Facebook messaging service, the Controller collects and processes the individual’s name, as well as the other information the individual provides in the sent message. This data is processed for the purpose of communication with the individual and record keeping. The processing of such personal data is necessary for the realization of the legitimate interests of the Controller, whose legitimate interests are to reply to the received messages, as well as to keep the received messages.

The Controller uses the Facebook services, an independent US service provider, to receive messages via the Facebook platform. This means that the personal data provided will be stored on Facebook servers in the United States. For the transmission of such personal data outside the European Economic Area, appropriate safeguards should be provided in accordance with Article 46 of Regulation (EC) 2016/679. Facebook confirms that it adheres to the principles of the “EU-US Privacy Shield”. Facebook has its own Privacy Policy, and individuals are advised to get acquainted with it in order to get more information. The Facebook Privacy Policy is posted at https://www.facebook.com/policy.php.

Personal Data Collected Directly from Individuals When Individuals Contact the Controller by Sending a Message Using the Instagram Platform

5.3 Individuals provide personal data to the Controller when they contact the Controller by sending a message using the Instagram platform via the Instagram messaging service available through the Instagram page of the Controller. When the individual sends a message to the Controller using the Instagram platform via the Instagram messaging service, the Controller collects and processes the individual’s name, as well as the other information the individual provides in the sent message. This data is processed for the purpose of communication with the individual and record keeping. The processing of such personal data is necessary for the realization of the legitimate interests of the Controller, whose legitimate interests are to reply to the received messages, as well as to keep the received messages. The Controller uses the Instagram services, an independent US service provider, to receive messages via the Instagram platform. This means that the personal data provided will be stored on Instagram servers in the United States. For the transmission of such personal data outside the European Economic Area, appropriate safeguards should be provided in accordance with Article 46 of Regulation (EC) 2016/679. Instagram provides such safeguards and describes them in detail in its Privacy Policy. The Instagram Privacy Policy is posted at https://help.instagram.com/519522125107875.

Personal Data Collected Directly from Individuals When Individuals Register on the Website

5.4 Individuals provide personal data to the Controller when they register on the Controller’s website. When making a registration, the individual provides the following personal data that the Controller collects and processes, namely: name and surname of the individual, e-mail address, telephone number, and address. The collection and processing of these personal data are necessary:

• for the realization of the legitimate interests of the Controller, which legitimate interests are enabling the individual to maintain a registered profile on the Controller’s website in order to retain products preferred by the individual or the individual to purchase the preferred goods;
• for concluding or executing a contract for the purchase of goods.

The data of the individuals are stored on a server of a hosting provider, and the server is located in the Republic of Bulgaria.

Personal Data Collected Directly from Individuals When Individuals Purchase Goods from the Website

5.5 Individuals provide personal data to the Controller when they purchase goods from the Controller’s website. The individual provides the following personal data that the Controller collects and processes, namely: name and surname of the individual, e-mail address, telephone, and address. The collection and processing of this personal data are necessary:

• for concluding or executing a contract for the purchase of goods;
• for fulfilling legal obligations for the purpose of issuing invoices

The data of the individuals are stored on a server of a hosting provider, and the server is located in the Republic of Bulgaria.

Personal Data Collected from Third Parties

6.1 The Controller usually does not obtain personal data for individuals from third parties. However, in some cases, if the Controller has reasonable grounds to suspect any individual of infringing the Controller’s legal or intellectual property rights, then the Controller will obtain personal data of the suspected individual from public registers or private sources. This data may be processed for the purposes of investigating the infringement and taking legal actions against the infringement. The lawful grounds for processing of the personal data are the legitimate interests pursued by the Controller, which legitimate interests are investigating the infringement and taking legal actions against the infringement.

Data Collected Automatically

7.1 When an individual visits the website, the Controller automatically collects the following data, namely:

• The type of device from which the individual accesses the platform (for example, a computer, a mobile phone, a tablet, etc.);
• Type of operating system;
• Type of the browser;
• Concrete actions undertaken, including the pages visited, frequency and duration of visits to the website;
• Date and time of visits.

Purposes of Personal Data Processing

9.1 The Controller collects and processes the personal data of individuals who are provided directly by them solely for the following purposes, namely:

• to provide the services that the Controller offers, namely the sale of goods and identify individuals (future and current clients);
• to contact the individual via e-mail in order to respond to the received inquiries;
• for the execution of obligations of a contract to which the individual to whom such data refer is a party, and for actions at the individual’s request and preceding the execution of a contract;
• for the execution of an obligation of the Controller, stipulated by law;
• for sending the goods purchased by the individual;
• for sending newsletters containing information about new collections, discounts, etc. Newsletters are sent only after the Controller has received the explicit consent of the individual;
• accounting purposes;
• statistical purposes.

9.2 The Controller collects and processes the personal data of individuals who are automatically collected for the following purposes, namely:

• improving the efficiency and functionality of the website;
• preparing anonymous statistics on how the website has been used.

The Controller may not use the personal data of individuals for purposes other than those specified in this section of this Privacy Policy.

Period for Which the Personal Data Will Be Stored

10.1 Inquiries and correspondence by email, Facebook: The Controller stores the personal data and the communication received by e-mail and messages sent by Facebook for a period necessary to answer to the received message and to satisfy individual’s request, as well as for one calendar year after the Controller has answered to the received message and satisfied individual’s request.

10.2 Personal data of individuals who have purchased goods: The Controller stores personal data of the individuals who have purchased goods for a period of ten years, which is the term stipulated by law for storing invoices for clients.

10.3 Newsletter mailing list: The Controller stores the personal data provided for newsletter subscription, which is the e-mail of the individual, until the individual remains subscribed for receiving of newsletters or until the Provider ceases sending newsletters, whichever of the two circumstances comes first.

Criteria for Determining the Period for Which the Personal Data Will Be Stored

7.3 In other situations, not specified above, the Controller will store the personal data of the individual for no longer than needed considering the following criteria, namely:

• if the Controller is obliged by a legal norm to continue with the processing of the personal data of the individual;
• if appropriate industry rules exist on the period for which the personal data shall be stored;
• the purpose for storing of the personal data both currently and in the future;
• if the Controller and the individual have concluded an agreement and the Controller is obliged to continue to process the personal data in order to comply with the obligations under the agreement;
• purposes for using of the personal data currently and in the future;
• if it is necessary to contact the individual in the future;
• if the Controller has any legal ground to continue to process the personal data of the individual;
• any other sufficient grounds, like the character of the relationship with the individual.

Mandatory and Voluntary Nature of Provision of Personal Data

11.1 The personal data required to be provided by the individuals are in accordance with the services offered by the Controller. The provision of personal data by individuals is voluntary. In the event that the individual refuses to provide personal data:

• the Controller will not be able to deliver the goods purchased by the individual;
• the Controller will not receive the e-mail if the individual does not fill the necessary data in the contact form;
• The individual will not be able to create a profile on the website.

Processing of Personal Data

12.1 The Controller processes the personal data of individuals by means of a set of actions that can be performed by automatic or non-automatic means.

Protection of Personal Data

13.1 The Controller undertakes the appropriate technical and organizational measures to protect the personal data against accidental or unlawful destruction, or against accidental loss, unauthorized access, alteration or dissemination, as well as against other unlawful forms of processing, including the following:

• using only secure and protected servers and folders for storing personal data;
• verifying and confirming the identification of the individual inquiring access to his/her personal data before granting access to such personal data.

13.2 More information on the technical and organizational measures undertaken by the Controller is available in the Instruction on the Mechanism of Personal Data Processing and their protection in the maintained registers containing personal data with the Controller. In case you would like to receive detailed information about the technical and organizational measures, please do not hesitate to contact us at: contact@brand-activator.eu.

Recipients of Personal Data

14.1 The Controller has the right to disclose the personal data processed to the following categories of persons, namely:

• Individuals to whom the data relate when they exercise the right of access to the personal data relating to him/her;
• to state bodies, if provided for in a legal act, for example, state bodies (NRA, Patent Office, Commercial Register, etc.);
• to data processors providing services in favor of the Controller’s business activities, such as accountant of the Controller and courier organizations, which are subject to a confidentiality obligation, and they have provided sufficient assurance of enforcement of appropriate technical and organizational measures in such a way that the processing proceeds in accordance with the requirements of the Regulation and ensures the protection of the rights of individuals.

14.2 The Controller does not sell personal data provided by the individual to third parties.

Rights of Individuals

Right of Access by the Individual

15.1 The individual has the right to obtain from the Controller confirmation as to whether or not personal data concerning him or her are being processed. If the Controller processes personal data of the individual, the Controller shall provide a copy of the personal data undergoing processing.

Right to Rectification

15.2 The individual has the right to obtain from the Controller without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the individual has the right to have incomplete personal data completed, including by means of providing a supplementary statement.

Right to Erasure (‘Right to Be Forgotten’)

15.3 The individual has the right to obtain from the Controller the erasure of personal data concerning him or her without undue delay, and the Controller has the obligation to erase personal data without undue delay where one of the grounds stated in article 17 of the GDPR applies.

Right to Restriction of Processing

15.4 The individual has the right to obtain from the Controller restriction of processing where one of the grounds stated in article 18 of the GDPR applies. If the processing has been restricted, such personal data shall, with the exception of storage, only be processed with the individual’s consent or for the establishment, exercise, or defense of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or of a Member State. The Controller informs the individual who has obtained restriction of processing before the restriction of processing is lifted.

Right to Data Portability

15.5 The individual has the right to receive the personal data concerning him or her, which he or she has provided to the Controller, in a structured, commonly used and machine-readable format and has the right to transmit those data to another controller without hindrance from the Controller to which the personal data have been provided, if the processing is based on consent or on a contract.

Right to Object

15.6 The individual has the right to object on grounds relating to his or her particular situation, at any time to processing of personal data concerning him or her. According to Article 21, Paragraph 4 of the GDPR, the right to object shall be explicitly brought to the attention of the individual and shall be presented clearly and separately from any other information. For compliance with this obligation, more information about the right to object can be found in the section below titled “Right to object to the processing of personal data”.

Right of Withdrawal of Consent

15.7 The individual has the right at any time to withdraw the consent he has given. Withdrawal of consent does not affect the lawfulness of processing based on consent before its withdrawal. The order for a withdrawal of the consent is specified in Section XIV of this privacy policy. The individual may either withdraw the given consent by choosing the “unsubscribe” option when receiving a newsletter.

Profiling Rights

15.8 The individual has the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her.

Right to Be Informed About the Personal Data Breach

15.9 The individual has the right to be informed without undue delay about the personal data breach when the personal data breach is likely to result in a high risk to the rights and freedoms of the individual.

Right to Judicial and Administrative Protection

Right to Lodge a Complaint with a Supervisory Authority

15.10 Without prejudice to any other administrative or judicial remedy, the individual has the right to lodge a complaint with the supervisory authority, in particular in the Member State of his or her habitual residence, place of work, or place of the alleged infringement if the individual considers that the processing of personal data relating to him or her infringes the GDPR.

Right to an Effective Judicial Remedy Against a Supervisory Authority

15.11 Without prejudice to any other administrative or non-judicial remedy, the individual or legal person has the right to an effective judicial remedy against a legally binding decision of a supervisory authority concerning them. Proceedings against a supervisory authority shall be brought before the courts of the Member State where the supervisory authority is established.

Right to an Effective Judicial Remedy Against the Controller or Processor

15.12 Without prejudice to any available administrative or non-judicial remedy, including the right to lodge a complaint with a supervisory authority, the individual has the right to an effective judicial remedy where he or she considers that his or her rights under the GDPR have been infringed as a result of the processing of his or her personal data in non-compliance with the GDPR. Proceedings against the Controller or a processor shall be brought before the courts of the Member State where the Controller or processor has an establishment. Alternatively, such proceedings may be brought before the courts of the Member State where the individual has his or her habitual residence.

Right to Compensation and Liability

15.13 An individual who has suffered material or non-material damage as a result of an infringement of the GDPR has the right to receive compensation from the Controller or processor for the damage suffered. Court proceedings for exercising the right to receive compensation shall be brought before the courts of the Member State where the Controller or processor has an establishment. Alternatively, such proceedings may be brought before the courts of the Member State where the individual has his or her habitual residence.

Procedure to Exercise the Rights

16.1 The individual exercises his or her right to withdraw the given consent, right of access, right to rectification, right to erasure, right to restriction of processing, right to data portability, right to object, and profiling rights, by submitting a written request to the Controller (either by post at the address specified in the identification of the Controller above or by e-mail), which should contain the following information:

• the name, address, and other data necessary for identifying the respective individual;
• a description of the request;
• a signature, date of submission of the request, and e-mail address.

16.2 The request shall be filed personally by the individual. The Controller keeps the requests filed by the individuals in a separate register.

16.3 When the individual exercises the right of access to the personal data relating to him or her, the Controller shall verify the identity of the individual before responding to the request. This is necessary to minimize the risk of unauthorized access and identity theft. If the Controller cannot identify the individual from the collected information, then the Controller has the right to require a copy of the individual’s documentation (such as ID card, driving license, or other documents containing personal data that identify the individual) in order to verify the individual’s identity.

16.4 The Controller considers the request and provides the information on action taken on the request of the individual within two months of receipt of the request. This period may be extended by one further month where necessary, taking into account the complexity and number of the requests.

16.5 The Controller informs the individual of any such extension within one month of receipt of the request, together with the reasons for the delay. Where the individual makes the request by electronic form means, the information shall be provided by electronic means where possible, unless otherwise requested by the individual.

16.6 In case the Controller does not take action on the request of the individual, the Controller informs the individual without delay and at the latest within one month of receipt of the request of the reasons for not taking action and on the possibility of lodging a complaint with a supervisory authority and seeking a judicial remedy.

16.7 The Controller shall communicate any rectification or erasure of personal data or restriction of processing to each recipient to whom the personal data have been disclosed unless this proves impossible or involves disproportionate effort. The Controller informs the individual about those recipients if the individual requests it.

Right to Object to Processing of Personal Data

17.1 The individual has the right to object on grounds relating to his or her particular situation, at any time to processing of personal data concerning him or her. According to Article 21, Paragraph 4 of the GDPR, the right to object shall be explicitly brought to the attention of the individual and shall be presented clearly and separately from any other information. For compliance with this obligation, more information about the right to object will be provided in this section of the Privacy Policy.

17.2 The individual has the right to object on grounds relating to his or her particular situation, at any time to processing of personal data concerning him or her which is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the Controller or processing is necessary for the purposes of the legitimate interests pursued by the Controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the individual which require protection of personal data, in particular where the individual is a child, including profiling based on any of these provisions. The Controller shall no longer process the personal data unless the Controller demonstrates compelling legitimate grounds for the processing which override the interests, rights, and freedoms of the individual or for the establishment, exercise, or defense of legal claims. The individual can exercise this right by submitting a written request to the Controller, either by post at the address specified in the identification of the Controller above or by e-mail.

17.3 Where personal data are processed for direct marketing purposes, the individual has the right to object at any time to the processing of personal data concerning him or her for such marketing, which includes profiling to the extent that it is related to such direct marketing. Where the individual objects to processing for direct marketing purposes, the personal data shall no longer be processed for such purposes. The individual can exercise this right by submitting a written request to the Controller, either by post at the address specified in the identification of the Controller above or by e-mail requiring to stop sending him or her marketing information or by clicking the unsubscribe link contained at the bottom of the e-mail the Controller sends to the individual.

Buttons, Tools, and Content from Other Companies

18.1 The Website contains buttons that connect to other third-party websites such as the “Facebook” button, “Twitter” button, “Instagram” button, and a link to the website of the developer of the Controller’s website. All websites of such companies that can be accessed through this website are independent, and the Controller assumes no responsibility for any damages and losses incurred as a result of the use of these sites. Individuals use these sites at their own responsibility, and it is recommended that they familiarize themselves with the relevant Privacy Policy of the respective company for more information.

Changes to the Privacy Policy

19.1 This Privacy Policy may be updated at any time in the future. When this happens, the revised Privacy Policy will be posted on this Website with a new “Last Updated” date at the top of this Privacy Policy and will be in force from the date of publication. It is therefore advisable to periodically check this Privacy Policy to make sure that you are familiar with any changes. Using the Website after publishing the updated Privacy Policy, you will be deemed to agree with the changes made.

Contacts

20.1 If you have additional questions about this Privacy Policy, please do not hesitate to contact the Controller at: contact@brand-activator.eu.