„To cook without spices is like composing an orchestral opus without a string section.” Stuart Farrimond

Kérdése van? +36-30/653-8274

Terms of purchase

General terms and conditions
Privacy Policy
General terms and conditions
General Terms and Conditions

GENERAL TERMS and CONDITIONS

 

 

These General Terms and Conditions (hereinafter: GTC) include the conditions of using the webshop services available at the websites www.webshop.fuszerkereskedelem.hu , www.fuszerkereskedelem.hu and www.alpaka.hu (hereinafter: website) by the user (hereinafter: User). Any technical information not included in this GTC are available in the information provided on the website. By using this website the User acknowledges and accepts the contents of this GTC and the Privacy Policy.

 

 

1.Service provider details

 

Company name: Alpaka Kft.

Headquarters: 6724 Szeged, Textilgyari ut 4.

Company address: 6724 Szeged, Textilgyari ut 4.

Company shop address: 6724 Szeged, Textilgyari ut 4.

Company contact: dr. Vas Orsolya

Company registration number: 06-09-015657

Name of the registration court: Registration court of Szeged's court of law

Company tax number: 22744564-2-06

Public tax number: HU22744564

Bank account holding institute: Budapest Bank

Company bank account number: 10102842-58388500-01000008

IBAN bank account number: HU64-10102842-58388500-01000008

Company e-mail address: info@fuszerkereskedelem.hu

Company phone number: +36 62 / 469-740

 

 

  1. Conditions of purchase and the range of products offered for purchase

 

Through the website, we only serve businesses and entrepreneurs holding a tax number (operators in the food industry, businesses, producers, private entrepreneurs, catering providers) after registration and following the acceptance of our general terms and conditions and privacy policy. We are unable to serve individuals and consumers not holding a tax number, since our core activity is to assist operators and retailers in the food industry.

 

On the website, we offer spices, tea products and accessories in pre-packed sizes and in bulk, as well as in custom sizes for corporate partners.

 

The images displayed in the product data sheets are our own photos and they belong to the intellectual property of Alpaka Kft.; however, since tea products are agricultural products with characteristics greatly depending on the environmental factors and the weather conditions of the production area, some features of the products shown in the photos may be slightly different from the products in a given year.

 

The prices of products displayed in the category pages - in line with commercial standards - are net prices, while in the detailed product page of a specific product both the gross and the net price, as well as the amount of VAT are displayed, but these do not include the home delivery fee.

 

The prices indicated on the website are valid until the respective stocks are exhausted, or until withdrawal.

 

If the Service Provider - despite reasonable care - displays incorrect price next to the product, and the price differs from the commonly accepted price, then the Service Provider shall not be obliged to sell the product at the price displayed incorrectly, however, in the order confirmation it shall be obliged to offer the User the possibility of purchase at the correct price. If the User does not wish to accept this opportunity, the User shall have the right to unilaterally withdraw from the contract.

 

No separate packaging fee will be charged. The detailed delivery rates are part of these terms and conditions, and are also available in the webshop under the menu Terms and Conditions of Payment and Delivery.

 

3.1. Liability

 

The User may only use the website at its own risk, and accepts that the Service Provider is not liable for pecuniary and non-pecuniary damage arising from use other than damage caused

 

intentionally, by gross negligence or offense, or has liability for breach of contract threating life, physical integrity, or health.

 

The Service Provider excludes all liability for the behavior of the website users, and states that the User is fully and solely responsible for his or her conduct.

 

The User is required to ensure that in the course of using the website, he or she does not directly or indirectly violate the rights of third parties, or legal regulations.

 

The Service Provider is entitled, but not obliged to check any content that may have been made available by the Users when using the website (e.g. comments), and in respect of the published content, the Service Provider is entitled but not obliged to look for signs of illegal activity, and it does not assume responsibility for the same.

 

3.2. Copyrights

 

The whole of the website (texts, images, graphic elements, etc.) are copyrighted, and therefore, it is forbidden to copy, modify, or distribute any parts thereof for commercial purposes!

 

4.1. Order process

 

The website provides product presentation and online ordering options for the Users. The User may browse within the website using the items in the Menu. The products are sorted by categories.

 

The User may browse within the webshop based on 2 criteria:

 

-By product types in the Menu points (base spices, peppers, onions, herbs, teas, etc.)

 

-By product types and sizes (packaging units) after setting the filter criteria (in bulk, and in 1,000-gram or 250-gram bags)

 

Goods in bulk are products sold by and packaged in bags or boxes; in the webshop, the size is not indicated next to the name (hereinafter: “goods in bulk”). Goods in bulk are only sold in quantities over 5 kg; if the User needs smaller amounts, products packed in 1000-gr or 250-gr packages may be placed in the shopping cart.

 

Next to the products listed, the User may view, including but not limited to, a short product description, the price and unit price, and other features. If you would like to receive more information about the product, click on the product image, or on the View icon (eye) below it. Then you are taken to the product page where you can get more detailed information about the product or ask specific questions by filling in the Inquiry form below the photo.

 

Click on the category name to view the list of products in that category. If not all the products in a given category fit in one page, then you can use the numbers on the top and bottom of the products to go to the next or previous page. The product list can be opened by clicking on the name of the product in the product list; there you can get detailed information about the characteristics and the price of the product you wish to order.

 

On the website you can search for items by keyword as well. Similarly, to the categories, the search results of a product that meet the search criteria are displayed in a list.

 

The selected product can be placed in the shopping cart by clicking on the Add to Cart button; next to the button, the required quantity or weight can be set. The User may check the contents of the shopping cart in the Cart menu. Here you can modify the quantity of the product you wish to order and have placed in your shopping cart, or you may delete an item.

 

There is no minimum order quantity; however, goods in bulk require a minimum order of 5 kg.

 

By clicking on the Empty Cart button, you can empty the contents placed in the shopping cart. The User may continue the shopping process by clicking on the Order button. As a second step, there is a possibility of login or registration.

 

In case of registration, the User should provide the following information: e-mail address, name, tax number, telephone number, billing address, and shipping address, if it is different. In addition to the above data, entering a password is also necessary for registration. Once registered, we will check your data, after which the registration will be approved or rejected within 3 working days. Please contact our customer service if 3 working days pass without response from us.

 

The User accepts that for VAT-free sales within the European Community the Service Provider checks the data entered by the User, and VAT-free purchases are only made possible after it is authorized by the managing director of the Service Provider.

 

Information for the User about successful registration is available via e-mail or on the website. The User may request the Service Provider the deletion of its registration via e-mail; in this case, new registration is necessary for later purchases. The User is responsible for keeping the access data confidential. The User is responsible for updating its data, and the User is obliged to notify the Service Provider if the User becomes aware of a third party misusing User data. In case of forgotten password, a new password can be requested to be sent to the registered e-mail address. If a User has previously registered on the website, the order process can be continued by entering the User’s e-mail address and password.

 

The next step of the order process is for the User to select the suitable payment and shipping method. There is a summary page available for the User for checking all the previously entered data, the ordered products, and the quantities thereof. In case of errors during entering the data, use the pencil icon to edit the data entered. When you find everything correct, use the Submit Order button to finalize your order. You will receive confirmation on the website and in e-mail. In case you detect any faulty data after submitting your order (e.g.: in the confirmation e-mail) you should notify the Service Provider immediately, but no later than within 24 hours.

 

Regardless of the intention to order, the User may login through the Customer Login window, or in the Login menu. After login, the menu point Data Change is displayed, where you can change your data entered during registration, or you can track the details and the status of your submitted order.

 

On the website you can also view prices and place products in the shopping cart without registration.

 

Payment by credit card or other online payment method is possible via the payment solution offered by Barion Payment Zrt.; the license number issued by the National Bank is: H-EN-I-1064/2013. The data of the User’s credit card are not forwarded to our webshop.

 

After selecting the payment method, the User should click on the Payment button to start the payment process. If you decide not to use the selected payment method, here you also have the option to select another payment method by clicking on the button Other payment method.

 

4.2. Processing the orders, confirmation

 

The orders are processed on working days from 8:00 a.m. to 4:00 p.m. It is possible to place orders outside the time frame of the processing period, however, if an order is placed outside working ours, the order will be processed on the following working day. The performance deadline for accepted orders of in-stock products is 2-3 working days after confirmation. In case a product is not in stock, the performance deadline shall be 2-3 weeks depending on the place of supply.

 

The Service Provider shall not be responsible for any change in the features of the ordered product without prior notification by the supplier or due to reasons beyond the Service Provider’s control.

 

The Service Provider informs the User about the confirmation within 48 hours. If the User does not receive such confirmation within 48 hours, then the User shall not be bound by the offer and shall not be required to accept the ordered products.

 

The confirmation e-mail contains the information provided during the purchase, the order details, the name and price of the ordered product(s), the selected payment and delivery methods, the order number, and any comments by the User in connection with the order.

 

4.3. Concluding the contract

 

The contract can be concluded in Hungarian, English or German. Submitting the order is considered a contract concluded by electronic means, and therefore, the provisions of Act CVIII of 2001 on certain aspects of electronic commerce and information society services shall be applicable. The contract is subject to Government Decree 45/2014 (II.26.) on the detailed rules governing contracts between consumers and companies and observes the regulations of Directive 2011/83/EU of the European Parliament and of the Council on consumer rights.

 

The contract shall enter into effect when the automatic confirmation is received.

 

4.4. Archiving the contract

 

Contracts concluded through the website do not constitute written contracts, the Service provider shall not archive them, and they are not accessible subsequently.

 

4.5. Invoice

 

The Service Provider issues a paper-based invoice, which is sent in the package together with the ordered product.

 

4.6. Payment

 

4.6.1. Bank transfer

 

In case of bank transfer, the Service Provider sends via e-mail the proforma invoice that contains the necessary data, created by the invoicing software of Kulcs-Soft Zrt., and then the bank transfer is to be initiated within 3 days.

 

Bank account details:

 

-Bank account held in HUF for bank transfers within Hungary:

 

 Budapest Bank, 10102842-58388500-01000008

 

-Bank account data for bank transfers from abroad:

 

 SWIFT code: BUDAHUHB

 

-Bank transfers to our bank account held in EUR for invoices issued for payment in euros:

 

 EUR IBAN: HU10102842-58388500-01003300

 

 

4.6.2. Payment on delivery

 

In case of deliveries within Hungary, payment is made to GLS Csomaglogisztikai Kft. in cash, or by credit card at parcel pick-up lockers.

 

In case of choosing the payment on delivery option, there is an additional charge of HUF 300/invoice.

 

This payment option is not available for international shipments.

 

4.6.3. Online payment with credit card using Barion service

 

Barion is an electronic payment service, allowing you to make payments in our webshop safely and conveniently, using your credit card or your pre-paid balance.

 

The service is provided by Barion Payment Zrt., an institution supervised by the National Bank of Hungary, license number: H-EN-I-1064/2013.

 

This payment option is not available for international shipments.

 

Payment by credit card:

 

Registration is not required in case of payment by credit card, it is sufficient to enter your credit card number, its expiration date, the CVC code on the back of the card, and a valid e-mail address.        

 

Accepted for payment:

 

  • Mastercard or Maestro card
  • Visa or Electron card

 

Payment without credit card through Barion

 

The pre-paid Barion balance can be used for payment; the User can perform the pre-payment by bank transfer of cash deposit.

 

Free:

 

In case of payment by credit card through Barion, there is no extra charge for the customer.

 

4.6.4. Cash payment at the site of the Service Provider

 

Payments can be made by cash at the site of the Service Provider in Szeged, Textilgyári út 4.,

 

where the ordered, prepared and confirmed packages can be paid and picked up during

opening hours.

Opening hours:

Monday through Friday from 8:00 a.m. to 4:00 p.m.

 

This payment option is not available for international shipments.

4.7. Shipping fees and shipping date, option of pick-up in person

 

In case of shipping within Hungary, delivery can be expected on the first working day following dispatch:

  

Gross weight (including the weight of packaging), gross fees:

<9,99 kg       HUF 2.372

10-29,99 kg HUF 2.912

30-49,99 kg HUF 4.459

50-74,99 kg HUF 6.077

75-99,99 kg   HUF 7.644

100-149,99 kg HUF 11.674

150-199,99 kg HUF 13.923

200-299,99 kg HUF 19.362

300-599,99 kg HUF 24.434

600,1 kg <  free delivery

 

 Conditions of free shipping:

 

For shipments within Hungary, our company takes over the shipping fees in case of invoices exceeding the amount of HUF 600,000 or in case of order amounts exceeding 600 kg - in these cases shipping is free.

 

Cost of payment on delivery

 

In case of choosing the payment on delivery option, there is an additional charge of HUF 425+VAT/invoice.

 

Fees and conditions of international shipments:

 

In case of international shipments, the weight of a package can be maximum gross (including the weight of packaging) 32 kg. In case your order exceeds this weight, the shipping fee will be indicated in the proforma invoice issued for the purpose of making the bank transfer.

 

Country name, delivery date and net price/package

COUNTRY                      

  • EU Zone 1: delivery in 2-3 workdays: Austria, Bulgaria, Czech Republik, Croatia, Germany, Romania, Slovakia, Slovenia    

0- 24,99 kg HUF 8.960 or equivalent in EUR

25-49,99 kg HUF 17.920 or equivalent in EUR

50-74,99 kg HUF 26.880 or equivalent in EUR

75-99,99 kg HUF 35.840 or equivalent in EUR

100-149,99 kg HUF 53.760 or equivalent in EUR

150-599,99 kg HUF 73.500 or equivalent in EUR

above 600,1 kg - free delivery

 

  • EU zone 2: delivery in 3-5 workdays: Belgium, Denmark, Estonia, Finland, France, Greece, Ireland, Italy, Latvia, Lithuania, Liechtenstein, Luxembourg,    Netherlands, Norway, Poland, Portugal, Spain, Sweden, Switzerland    

0-24,99 kg HUF 12.400 or equivalent in EUR

25-49,99 kg HUF 24.800 or equivalent in EUR

50-74,99 kg HUF 37.200 or equivalent in EUR

75-99,99 kg HUF 49.600 or equivalent in EUR

100-149,99 kg HUF 74.400 or equivalent in EUR

150-599,99 kg HUF 105.000 or equivalent in EUR

above 600 kg - free delivery

Packages are delivered by GLS courier service, while in case of deliveries packed on pallets, we use other shipping services that are more convenient.

 

4.7.1. GLS courier service - GLS Csomaglogisztikai Kft.

 

Packages are delivered on working days from Monday through Friday between 8:00 a.m. and 5:00 p.m., or in some cases at a time agreed on with the courier.

 

The User may provide a different shipping address as well, if on weekdays he or she is not present at the address provided during registration.

 

GLS notifies you about the current status of your package in SMS or e-mail. At the contact details provided therein, the User may contact the courier service to clarify the exact time of the delivery.

 

GLS Customer service for recipients:

available on working days from 7:00 a.m. to 8:00 p.m.

 

Telephone: +36 1 802 0265*

Mobile: +36 20 890-0660*

 

The GLS courier delivers the package to the hands of the User, who signs to confirm receipt of the package and is handed over the package. A family member can also accept the package on behalf of the User.

 

If the User is not present at the provided shipping address, and there is no authorized person to receive the package, the GLS courier returns the package to the depot (or headquarters) and attempts to deliver it for the second or third time on the next working day.

 

If the GLS courier is unable to deliver the package at the specified address, he will leave a notification about the attempted delivery. The telephone number of the GLS customer service is provided in the notification.

 

Further information

 

Upon receipt of the product, the User is obliged to check the product for damage. If you notice any damage to the packaging or the product, the User may ask the courier to draw up minutes - since taking over the package from the courier, or signing the delivery document means the quantity and quality acceptance of the product, and therefore, after such acceptance, the User will only be entitled to exercise its right of withdrawal, and after the courier had left, the Service Provider will not accept quantity and quality complaints.

It is the responsibility of the Customer to inspect his/her parcel thoroughly upon receipt. If the Customer sees any damage to the parcel, he should immediately ask the courier to take a damage record and take photographs. The Customer should then open the parcel and, if the contents of the parcel are damaged, write the damage in the damage report and take several photographs of the damaged goods. The courier service does not accept complaints about packages received afterwards without a report.

If the packaging or the product is visibly damaged at the time it is delivered, and the damage occurred prior to the receipt of the goods, the Service Provider will ensure that the product can be returned or replaced free of charge. The Service Provider may not be made responsible for any damage detected after delivery!

 

4.7.2. Customer pick-up in person

 

Customer pick-up in person is available at our site in Szeged, Textilgyári út 4., where the ordered and prepared packages can be paid and picked up at a pre-agreed time during opening hours.

Opening hours:

Monday through Friday from 8:00 a.m. to 4:00 p.m.

 

4.7.3. Quality and quantity acceptance

 

The User is required to perform the itemized quantity and quality acceptance of the products and communicate any quantitative or qualitative complaints to the Service Provider within 3 working days. The Parties shall cooperate in resolving any disputes arising in connection with the complaints, and in case the objection is legitimate, the Service Provider and the User shall jointly record it in minutes, on the basis of which the Service Provider will arrange for the crediting of the damaged, defective or missing product.

 

 

5.1. Warranty

 

In case of defective performance by the Service Provider, the User may enforce its warranty claim against the company pursuant to the provisions of Act V of 2013 on the Civil Code.

 

Since spices and teas are food products, warranty shall only apply if the packaging is intact, and the storage instructions indicated in the product description of the webshop has been complied with.

 

The User may enforce its warranty claims until the expiry best-before date of the food product for product defects that already existed at the time of delivery of the product. After the expiry of the best-before date, the User will not be able to enforce any warranty claims.

 

The User - according to its choice - may enforce the following warranty claims: The User may request repair or replacement, unless performing the Customer’s choice of claim is impossible, or additional costs would arise for the company that are disproportionate to the performance of other claims. If the User did not, or could not request repair or replacement, then it may request reducing the compensation proportionally, or the User may also repair the defect or have it repaired by a third party, or - as a last resort - may withdraw from the contract as well.

 

The User may change its choice of remedy for the available warranty right, however, the User must bear the costs of such change, except it was justified, or the company gave rise to it.

 

The User is required to report the defect immediately after it is discovered, but no later than within 8 days after such discovery.

 

The User may enforce its warranty rights directly against the company.

 

5.2. Product guarantee

 

Product guarantee may only arise in the event of a defect in a movable property (product). In such case, the User - considered Consumer in this respect - may, according to its choice, exercise the rights specified in Point 7.1 or the product guarantee rights.

 

Since spices and teas are food products, product guarantee shall only apply if the packaging is intact, and the storage instructions indicated on the bottom of the tea packaging has been complied with.

 

Within the scope of product guarantee, the User may only request the repair or the exchange of the defective product.

 

A product is considered defective if it does not meet the quality requirements effective at the time it is placed on the market, or it does not comply with the description provided by the manufacturer.

 

The User may enforce its rights related to product guarantee until the best-before date of the product. After the expiry of such date, this right is lost.

 

The User may enforce its rights related to product guarantee only against the manufacturer or the distributor of the movable property.

 

In case of product guarantee claims, the User is the party required to prove the defect of the product.

 

The manufacturer (distributor) shall only be relieved of product guarantee obligation if it can prove that:

 

  • the product was not produced or placed on the market within its business activity, or
  • when the product was placed on the market the defect could not be discovered due to the state of scientific and technical knowledge at the time, or
  • the defect of the product is a result of administering any statute or official specification.

 

For exemption it is sufficient if the manufacturer (distributor) presents only one reason.

 

Warranty and product guarantee claim cannot be enforced for the same defect in parallel. However, in case a product guarantee claim is successfully enforced, the User will be entitled to enforce its warranty claim against the manufacturer in respect of the exchanged product or the repaired part.

 

5.3. Enforcement of guarantee claims

 

The User may enforce its guarantee claims at the following contacts:

 

Company name: Alpaka Kft.

Company address: 6724 Szeged, Textilgyari ut 4.

Company phone: +36 62 / 469-740

Company e-mail: info@fuszerkereskedelem.hu

 

6.1. Place, time, and method of submitting a complaint

 

The User may submit its consumer complaints about the product or the activity of the Service Provider at the following contacts:

 

Company name: Alpaka Kft.

Company address: 6724 Szeged, Textilgyari ut 4.

Company phone: +36 62 / 469-740

Company e-mail: info@fuszerkereskedelem.hu

 

The Service Provider shall examine verbal complaints immediately and shall remedy them if necessary. In case it is not possible to remedy a verbal complaint immediately due to the nature of the complaint, or if the User is not satisfied with the handling of the complaint, then the Service Provider shall draw up minutes about the complaint, and store it for five years together with its substantive reply to the complaint.

 

In case of verbal complaint communicated in person (at the business premise), the Service Provider is required to hand over a copy of the minutes to the User, or if this is not possible, then it shall proceed according to the rules applicable to written complaints described below.

 

In case of verbal complaints communicated by phone or with the use of other electronic communication channels, the Service Provider shall send to the User a copy of the minutes together with the substantive reply at the latest.

 

In all other cases, the Service Provider shall proceed in accordance with the rules applicable to written complaints.

 

Complaints recorded with the use of telephone or other communications devices shall be assigned unique identifiers by the Service Provider, which will later simplify retrieval of the complaint.

 

The Service Provider shall provide substantive response to written complaints within 30 days.

In the context of this contract, such measure means the date of sending by post.

 

In case the complaint is rejected, the Service Provider shall also inform the User about the cause of the rejection.

 

6.2. Further options of enforcing rights

 

In the event any dispute between the Service provider and the User is not resolved during the negotiations conducted with the Service provider, the following options of enforcing rights are available for the User:

 

The User may contact the following authority in case of complaints related to the best-before date or the quality of the product:

 

Csongrád County Government Office, Department of Food Chain Safety, Quality Inspection and Supervision

 

6724 Szeged, Vasas-Szent Peter u. 9.

Phone number: 06 62 / 680-800

 

The customer may contact the following authorities in case of consumer complaints or comments:

 

Csongrád County Government Office, Technology Licensing and Consumer Protection Division, Department of Consumer Protection

 

6722 Szeged, Rakoczi ter 1.

 

Phone number: 06 62 / 680-530

 

Csongrad county Conciliation Group / office:

 

6721 Szeged, Parizsi krt. 8-12.

 

Phone number: 06 62 / 554-250/118

 

7.1. Modifying the GTC and the prices

 

Issues not, or not fully regulated in these General Terms and Conditions shall be governed by the provisions of the Civil Code, and by any legal regulations applicable to contracts concluded between businesses. The Service Provider may modify this GTC, the prices of the products distributed through this website, and other indicated prices and other prices without retroactive effect; such modification shall take effect after being published on the website, and shall apply only to transactions performed after such effective date.

 

7.2. Technical limitations

 

Making purchases on the website implies that the User has knowledge of the capabilities and limitations of the Internet, with particular regard to technical performance and any errors occurring. The Service Provider shall not be liable for any malfunction of the Internet network that prevents the operation of the website or making a purchase.

 

7.3. Privacy Policy

 

The Privacy Policy of the Service Provider is available at: https://webshop.fuszerkereskedelem.hu/shop_help.php?tab=privacy_policy

 

The effective date of this General Terms and Conditions: 01.11.2022

Privacy Policy
Privacy Policy - Introduction

DATA PROCESSING / HANDLING INFORMATION (PRIVACY POLICY) ON THE RIGHTS OF THE NATURAL PERSON / INDIVIDUAL COSTUMER REGARDING THE PROCESSING / HANDLING OF YOUR PERSONAL DATA

 

CONTENTS

  

INTRODUCTION

 

CHAPTER I - NAME OF THE DATA CONTROLLER

 

CHAPTER II – NAMES OF DATA PROCESSORS

 

  1. IT services of our company
  2. Postal services, delivery, package sending (parcel delivery)
  3. Billing and newsletter systems, accounting activities

 

CHAPTER III - ENSURING THE LAWFULNESS OF DATA PROTECTION

 

  1. Data processing based on the consent of the data subject
  2. Data processing based on the fulfillment of legal obligations
  3. Facilitating the exercise of data subject rights

 

CHAPTER IV - PROCESSING OF VISITORS’ DATA ON THE WEBSITE OF THE COMPANY - INFORMATION ON THE USE OF COOKIES

 

CHAPTER V - INFORMATION ON THE RIGHTS OF THE DATA SUBJECT

 

  

INTRODUCTION

 

REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 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: Regulation) specifies that the data controller shall take appropriate measures to ensure that the data subjects are provided each information regarding data processing in a concise, transparent, intelligible and easily accessible form, using clear and plain language, and that the Data Controller shall assist the data subjects in exercising their rights.

 

The obligation of providing prior information to the data subject is also required by Act CXII of 2011 on informational self-determination and the freedom of information.

 

By providing the below information, we shall fulfil such statutory obligations.

Names of Data Controllers and Data Processors

CHAPTER I

 

NAME OF THE DATA CONTROLLER

 

Information released and handled (data controlled) by:

 

Company name: Alpaka Kft.

Headquarters: 6724 Szeged, Textilgyari ut 4.

Company register (registry) number: 06-09-015657

Tax number: 22744564-2-06

Representative: dr. Vas Orsolya

Phone number: +36 62/ 469 740

Fax: +36 62/ 469 740

E-mail address: info@fuszerkereskedelem.hu

Website: www.fuszerkereskedelem.hu, www.dobozostea.hu

(in the following: Company)

 

 

CHAPTER II 

 

NAMES OF DATA PROCESSORS

Data processor: means a natural or legal person, public authority, agency or any other body which processes personal data on behalf of the controller; (Article 4 (8) of the Regulation) The use of a data processor does not require the prior consent of the data subject, but requires his or her information. Accordingly, we provide the following information:

 

1. IT services of our company

Our company uses data processors to maintain and manage its website, which provides IT services (hosting services) and, within the framework of our contract with it, manages the personal data provided on the website, the operation is the storage of personal data on the serverThe names of these data processors are as follows:

 

Company name: Introweb Szolgaltato es Kereskedelmi Kft.

Headquarters: 6724 Szeged, Gelei Jozsef u. 5.

Company register (registry) number: 06-09-008564

Tax number: 13037176-2-06

Representative: Ordog Szilard

Phone number: +36 20 414 2574

E-mail address: porta@introweb.hu

Website: www.introweb.hu

 

Company name: Unas Online Kft.

Headquarters: 9400 Sopron, Major koz 2. I./15.

Company register (registry) number: 08-09-015594

Tax number: 14114113208

Representative: Koczan Tamas

E-mail address: unas@unas.hu

Website: www.unas.hu

 

 2. Postal services, delivery, package sending (parcel delivery)

 

The following providers:

 

Company name: Magyar Posta Zrt.

Headquarters: 1138 Budapest, Dunavirag utca 2-6.

Company register (registry) number: 01-10-042463

Tax number: 10901232-2-44

Phone number: +36 1 767 8200

E-mail address: ugyfelszolgalat@posta.hu

Website: www.posta.hu

 

Company name: GLS General Logistics Systems Hungary Csomag-Logisztikai Kft.

Headquarters: 2351 Alsonemedi GLS Europa u. 2.

Company register (registry) number: 13-09-111-755

Tax number: 12369410-2-44

Phone number: +36 1 802 0265*

 

Company name: DPD Hungaria Kft.

Headquarters: 1158 Budapest, Kesmark utca 14. B.ep.

Company register (registry) number: 01-09-888141

Tax number: 13034283-2-42

Representative: Czifrik Szabolcs

Phone number: +36 1 501 6200

 

Company name: Express One Hungary Kft.

Headquarters: 1239 Budapest, Europa utca 12.

Company register (registry) number: 01-09-980899

Tax number: 13947109-2-43

Phone number: +36 70 866 8733

E-mail address: adatvedelem@expressone.hu

  

 3. Billing and newsletter systems, accounting activities

 

The following providers:

 

Company name: Kulcs-Soft Szamitastechnika Nyrt.

Headquarters: 1022 Budapest, Torokvesz ut 30/A.

Company register (registry) number: 01-10-045531

Tax number: 13812203-2-41

Phone number: +36 1 336 5300

 

Company name: KBOSS.hu Kft. – Szamlazz.hu

Headquarters: 1031 Budapest, Zahony u. 7.

Company register (registry) number: 01-09-303201

Tax number: 13421739-2-41

Representative: Stygar-Joo Janos

E-mail address: info@szamlazz.hu

 

 

Company name: Bithuszarok Szamitastechnikai es Szolgaltato Bt. - Listamester.hu

Headquarters: 2051 Biatorbagy, Damjanich utca 8.

Company register (registry) number: 13-06-065996

Tax number: 21158218-2-13

Data protection officer: dr. Kasa-Richlach Monika

Officer’s Phone number: +36 20 222 9856

 

Company name: Del-Thermo Kft.

Headquarters: 6726 Szeged, Andras u. 5.

Company register (registry) number: 06-09-013097

Tax number: 14490758-2-06

Phone number: +36 62 471 896

 

Ensuring the Lawfulness of Data Protection, Use of Cookies

CHAPTER III

 

ENSURING THE LAWFULNESS OF DATA PROTECTION

 

  1. Data processing based on the consent of the data subject

 

  • If the Company wishes to carry out data processing based on consent, then the consent of the data subject to the processing of his personal data must be requested in a data request form with the content and information specified in the privacy policy.

 

  • It is also considered consent, if the data subject checks the appropriate box while viewing the website of the Company, performs relevant technical settings while using services related to the information society, or any other statement or action, which in the given context, clearly indicates the consent of the data subject to the processing of his personal data. Therefore, remaining silent, pre-checking of boxes, or not taking action shall not be considered consent.

 

  • Such consent shall cover all data processing activities performed for the same purpose or purposes. If the data processing serves multiple purposes at the same time, then the consent shall cover all purposes of data processing.

 

  • If the data subject's consent is given in the context of a written declaration which also concerns other matters - e.g. concluding sales or service contracts - the request for consent shall be presented in a manner which is clearly distinguishable from the other matters, in an intelligible and easily accessible form, using clear and plain language. Any part of such a declaration by the data subject which constitutes an infringement of the Regulation shall not be binding.

 

  • The Company shall not stipulate the conclusion or performance of contracts with the provision of giving consent to the processing of personal data that are not necessary for performing the contract.

 

  • The withdrawal of consent must be made possible in the same simple manner as the giving of consent.

 

  • In case the personal data were collected under the consent of the data subject, the data controller - unless required otherwise by law - may process the collected data for the purpose of compliance with the applicable legal requirements without the need to obtain a separate consent, and even after the data subject has withdrawn its consent.

 

  1. Data processing based on the fulfillment of legal obligations

 

  • In case of data processing based on legal obligation, the provisions of the underlying provisions shall be applicable to the scope of data to be processed, the purpose of data processing, the duration of data storage, and the recipients.

 

  • Data processing based on the performance of legal obligations shall be independent of the consent by the data subject, since such data processing is specified by legislation. In this case, prior to the start of the data processing, the data subject must be informed that such data processing is mandatory, and prior to the data processing he must be clearly and in detail informed about any facts related to the processing of his data, in particular about the purpose and legal basis of the data processing, the person entitled to data processing, the duration of the data processing, on the fact that the data controller processes his personal data based on the applicable legal obligation, and about who can have access to the data. The information should include the rights of the data subject and any legal remedies relating to data processing. In case of mandatory data processing, information may be provided by disclosing reference to the legal provision containing the above information.

 

  1. Facilitating the exercise of data subject rights

 

In the course of all data processing, the Company shall facilitate the exercise of data subject rights.

 

CHAPTER IV

 

PROCESSING OF VISITORS’ DATA ON THE WEBSITE OF THE COMPANY - INFORMATION ON THE USE OF COOKIES

 

1.Visitors to the website must be informed on the use of cookies at the website, and the visitors’ consent shall be requested in respect of this - with the exception of technically essential session cookies.

 

2.General information on cookies

 

2.1. Cookies are small data files sent by the visited website to the visitor’s browser (in variable name-value format) to store it, and later to be uploaded by the same website. A cookie may be assigned validity - it can be valid until the browser is closed, or for an indefinite period. At a later stage, it will send these data to the browser server at each HTTP(S) request. In this way, it modifies the data stored on the user’s computer.

 

2.2. The essence of cookies is that due to the nature of web services it is necessary for it to mark a user (e.g. that it entered the site) and to handle it accordingly later. The danger lies in the fact that the user is not always aware of the presence of cookies, and they can be suitable for the website operator or other service providers whose contents are embedded in the site

 

(e.g. Facebook, Google Analytics) - creating a profile of the user, and in this case the contents of the cookie may be considered personal data.

 

2.3. Types of cookies:

 

2.3.1. Technically essential session cookies: cookies without which the site simply would not function as intended; they are necessary for identifying the user, for example, to manage login or what items were placed in the basket, etc. This is typically storing session IDs, since other data are stored on the server, which is safer. It has safety implications - if the session cookie’s value is not generated appropriately, then there is a risk of session hijacking attack, and therefore it is imperative that these values are generated correctly. In other terminologies all cookies that are erased when you exit the browser are called session cookies (a session is a browser use from entry until exit).

 

2.3.2. Cookies assisting the use: these are the cookies that remember the user’s choices, for example the form of the site the user wishes to see it. These types of cookies actually mean the setting data stored in the specific cookie.

 

2.3.3. Performance cookies: even though these cookies do not have much to do with “performance”, these are the cookies that collect information about the user’s behavior within the visited site, the time he spent there, and any clicks. Typically, these third-party applications (e.g. Google Analytics, AdWords, or Yandex.ru cookies). They are suitable for visitor profiling.

 

For more information on Google Analytics cookies please see:

 

https://developers.google.com/analytics/devguides/collection/analyticsjs/cookie-usage

 

For more information on Google AdWords cookies please see:

 

https://support.google.com/adwords/answer/2407785?hl=hu

 

2.4. Accepting the use of cookies is not mandatory. You may reset your browser settings to refuse all cookies or to indicate when the system is sending a cookie. Although most browsers automatically accept cookies as default, but they can usually be changed in order to prevent automatic acceptance, and offers a choice every time.

 

You can find information about the cookie settings of the most popular browsers at the links below:
• Google Chrome: https://support.google.com/accounts/answer/61416?hl=hu
• Firefox: https://support.mozilla.org/hu/kb/sutik-engedelyezese-es-tiltasa-amit-weboldak-haszn
• Microsoft Internet Explorer 11: http://windows.microsoft.com/hu-hu/internet-explorer/delete-manage-cookies#ie=ie-11
• Microsoft Internet Explorer 10: http://windows.microsoft.com/hu-hu/internet-explorer/delete-manage-cookies#ie=ie-10-win-7
• Microsoft Internet Explorer 9: http://windows.microsoft.com/hu-hu/internet-explorer/delete-manage-cookies#ie=ie-9
• Microsoft Internet Explorer 8: http://windows.microsoft.com/hu-hu/internet-explorer/delete-manage-cookies#ie=ie-8
• Microsoft Edge: http://windows.microsoft.com/hu-hu/windows-10/edge-privacy-faq
• Safari: https://support.apple.com/hu-hu/HT201265

 

However, we would like draw your attention to the fact that some website features or services may not function properly without the use of cookies.

 

  1. Information about the cookies used on the Company's website and the data created during visiting the website

 

3.1. Scope of data processed during visiting the website: Our Company’s website may record and process the following data on the visitor, or the device the visitor used for browsing:

  • IP address used by the visitor,

 

  • browser type,
  • characteristics of the operating system of the device used for browsing (the language set),
  • date of the visit,
  • the visited (sub)page, function or service.

 

  • click

 

We retain these data for a period of up to 90 days, and use them primarily for inspecting security incidents.

 

3.2. Cookies used on the website

 

3.2.1. Technically essential session cookies

 

Purpose of data processing: ensuring the appropriate operation of the website. These cookies are necessary for the visitors to browse the website smoothly and make full use of its features as well as the services available through the website, such as - among others - in particular remembering the operations performed by the visitors on the specific pages, or identifying the signed-in user during a visit. These cookies only perform data processing during the actual visit of a visitor, and at the end of the session, or when the browser is closed, these type of cookies are automatically deleted from the visitor’s computer.

 

The legal basis of such data processing is Section 13/A(3) of Act CVIII of 2001 on certain issues of electronic commerce and information society services (Electronic Commerce Act), which stipulates that the service provider may – for the purpose of providing the service – process personal data indispensable for providing the service for technical reasons. Should other conditions be identical, the service provider shall select and operate the means applied in the course of providing information society service at all times, so that personal data be processed only if it is absolutely indispensable for providing the service or achieving other objectives stipulated in this Act, and only to the required extent and duration.

 

3.2.2. Cookies assisting use:

 

These cookies remember the user’s choices, for example the form of the site the user wishes to see it. These types of cookies actually mean the setting data stored in the specific cookie.

 

The legal basis of the data processing is the consent of the visitor.

 

The purpose of data processing: Increasing the efficiency of the service, enhancing user experience, making the use of the site more convenient.

 

These data are stored on the user's computer; the website has simply access to them to recognize its visitors.

 

3.2.3. Performance cookies:

 

These cookies collect information about the user’s behavior within the visited site, the time he spent there, and any clicks. Typically, these are third-party applications (e.g. Google Analytics, AdWords).

 

The basis of data processing: the consent of the data subject.

 

The purpose of data processing: analysis of the website, sending advertising offers.

 

Information on the Rights of the Data Subject

CHAPTER V

 

INFORMATION ON THE RIGHTS OF THE DATA SUBJECT

 

  1. Short summary of the rights of the data subject:

 

  1. Transparent information and communication, as well as assisting the data subjects in exercising their rights
  2. Right to receive prior information - if personal data are collected from the data subject
  3. Informing the data subject, and information to be provided where personal data have not been obtained from the data subject
  4. Right of access by the data subject
  5. Right to rectification
  6. Right to erasure (“right to be forgotten”)
  7. Right to restriction of processing
  8. Notification obligation regarding rectification or erasure of personal data or restriction of processing
  9. Right to data portability
  10. Right to object
  11. Automated individual decision-making, including profiling
  12. Restrictions
  13. Communication of a personal data breach to the data subject
  14. Right to lodge a complaint with a supervisory authority (right to supervisory judicial remedy)
  15. Right to an effective judicial remedy against a supervisory authority
  16. Right to an effective judicial remedy against a controller or processor

 

 1. Rights of the data subject in detail:

 

1.Transparent information and communication, as well as assisting the data subjects in exercising their rights

 

 1.1. The data controller shall provide all information regarding the processing of personal data in a concise, transparent, intelligible and easily accessible form, using clear and plain language, in particular for any information addressed specifically to a child. The information must be provided in writing or otherwise - including electronic means where appropriate. At the request of the data subject, verbal information may also be provided, in case the identity of the data subject is verified.

 

 1.2. The data controller shall facilitate for the data subjects to exercise their rights.

 

 1.3. The data controller shall, without undue delay, but in any event within one month following the receipt of the request, inform the data subject about the measures determined in respect of the request to exercise the rights of the data subject. This period may be extended

 

by two months under the conditions specified in the Regulation, which information must be provided to the data subject.

 

1.4. If the controller does not take action on the request of the data subject, the controller shall inform the data subject 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.

 

1.5. The data controller provides the data and the information on the rights of the data subject free of charge, however, in cases provided for in the Regulation a fee may be charged.

 

The detailed rules can be found in Article 12 of the Regulation.

 

2. Right to receive prior information - if personal data are collected from the data subject

 

 2.1. The data subject is entitled to be informed about any facts and information related to the data processing, prior to the commencement of the data processing. In this context, the data subject must be informed about:

 

  1. a) the identity and contact details of the data controller and his representative,
  2. b) the contact details of the data protection officer (where applicable),
  3. c) the purposes of the processing for which the personal data are intended as well as the legal basis for the processing,
  4. d) the legitimate interests of the data controller or of a third party, where the processing is based on pursuing legitimate interests,
  5. e) the recipients of personal data - to whom the personal data are disclosed -, or categories of recipients of the data, if any;
  6. e) where applicable, the fact that the controller intends to transfer personal data to a third country or international organisation.

 

 2.2. In order to ensure fair and transparent data processing, the data controller shall provide the data subject with the following information:

 

  1. a) the period for which the personal data will be stored, or if that is not possible, the criteria used to determine that period;
  2. b) the existence of the right to request from the controller access to and rectification or erasure of personal data or restriction of processing concerning the data subject or to object to processing as well as the right to data portability;
  3. c)where the processing is based on the consent of the data subject, the existence of the right to withdraw consent at any time, without affecting the lawfulness of processing based on consent before its withdrawal;
  4. d) the right to lodge a complaint with a supervisory authority;
  5. e) whether the provision of personal data is a statutory or contractual requirement, or a requirement necessary to enter into a contract, as well as whether the data subject is obliged to provide the personal data and of the possible consequences of failure to provide such data;
  6. f) the existence of automated decision-making, including profiling, and at least in those cases meaningful information about the logic involved, as well as clear

 

information on the significance and the envisaged consequences of such processing for the data subject.

 

 2.3. Where the data controller intends to further process the personal data for a purpose other than that for which the personal data were collected, the data controller shall provide the data subject prior to that further processing with information on that other purpose and with any relevant further information.

 

The detailed rules for the right to prior information are set out in Article 13 of the Regulation.

 

3. Informing the data subject, and information to be provided where personal data have not been obtained from the data subject

 

 3.1. Where personal data have not been obtained from the data subject, the data controller must inform the data subject within one week after obtaining the personal data; where personal data are used for contacting the data subject, at the time of first contacting the data subject; if a disclosure to another recipient is envisaged, at the latest when the personal data are first disclosed, the data subject must be informed about the facts and information described in the above Point 2, about the affected categories of personal data, from which source the personal data originate, and if applicable, whether it came from publicly accessible sources.

 

 3.2. Further rules shall be governed by the contents of the above Point 2 (Right to receive prior information).

 

The detailed rules for providing information are set out in Article 14 of the Regulation.

 

4. Right of access by the data subject

 

4.1. The data subject shall have the right to obtain from the controller confirmation as to whether or not personal data concerning him or her are being processed, and, where that is the case, access to the personal data and the information contained in the above Points 2-3. (Article 15 of the Regulation).

 

4.2. Where personal data are transferred to a third country or to an international organisation, the data subject shall have the right to be informed of the appropriate safeguards pursuant to Article 46 of the Regulation relating to the transfer.

 

 4.3. The data controller shall provide the data subject with one copy of the processed personal data. The data subject may be charged a reasonable administration fee for any additional copies by the data controller.

 

The detailed rules of the right of access by the data subject can be found in Article 15 of the Regulation.

 

5. Right to rectification

 

5.1. The data subject shall be entitled to have the data controller rectify his or her incorrect personal data without delay.

 

5.2. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement.

 

These rules are set out in Article 16 of the Regulation.

 

6. Right to erasure (“right to be forgotten”)

 

6.1. The data subject shall have the right to obtain from the data controller the erasure of personal data concerning him or her without undue delay and the controller shall have the obligation to erase personal data without undue delay if

 

  1. a) the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed;
  2. b) the data subject has withdrawn his or her consent on which the data processing is based, and there is no other legal ground for the processing;
  3. c) the data subject objects to the data processing, and there is no priority legitimate reason for the data processing,
  4. d) the personal data have been unlawfully processed;
  5. e) the personal data have to be erased for compliance with a legal obligation in Union or Member State law to which the data controller is subject;
  6. f) the personal data have been collected in relation to the offer of information society services.

 

6.2. The right to erasure may not be exercised if the data processing is required

 

  1. a) for exercising the right of freedom of expression and information;
  2. b) for compliance with a legal obligation which requires processing by Union or Member State law or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the data controller;
  3. c) for reasons of public interest in the area of public health;
  4. d) for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes, in so far as the right to erasure is likely to render impossible or seriously impair the achievement of the objectives of that processing; or
  5. e) for the establishment, exercise or defense of legal claims.

 

 

The detailed rules of the right to erasure are set out in Article 17 of the Regulation.

 

7. Right to restriction of processing

 

7.1. Where data processing has been restricted, such personal data shall, with the exception of storage, only be processed with your consent or for the establishment, exercise or defense of your 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.

 

7.2. The data subject shall have the right to obtain from the data controller restriction of data processing where one of the following applies:

 

  1. a) accuracy of the personal data is contested by the data subject, for a period enabling the data controller to verify the accuracy of the personal data;
  2. b) the processing is unlawful and the data subject opposes the erasure of the personal data and requests the restriction of their use instead;
  3. c) the data controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defense of legal claims; or
  4. d) the data subject has objected to data processing; in this case such restriction shall be valid for a period it is determined whether the legitimate grounds of the data controller override those of the data subject.

 

7.3. The data subject shall be informed before the restriction of processing is lifted.

 

These relevant rules are set out in Article 18 of the Regulation.

 

8. Notification obligation regarding rectification or erasure of personal data or restriction of processing

 

The data controller shall inform each recipient of any rectification, erasure or restriction, whom or which the personal data have been disclosed to, unless this proves impossible or involves a disproportionate effort. On request, the data controller shall inform the data subject of these recipients.

 

These rules can be found in Article 19 of the Regulation.

 

9. Right to data portability

 

 9.1. Under the conditions specified in the Regulation, the data subject shall have the right to receive the personal data concerning him or her, which he or she has provided to a controller, in a structured, commonly used and machine-readable format and have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, where

 

  1. a) the processing is based on consent or on a contract; and
  2. b) the processing is carried out by automated means.

 

 9.2. The data subject shall be entitled to request the direct transfer of the personal data between the data controllers.

 

9.3. Exercising the right to data transfer may not infringe Article 17 of the Regulation (Right to erasure (“right to be forgotten”). Right to data portability shall not be exercised if the data processing is required for the performance of a task carried out in the public interest or in the exercise of official authority vested in the data controller. This right shall not adversely affect the rights and freedoms of others.

 

The detailed rules can be found in Article 20 of the Regulation.

 

10. Right to object

 

10.1. The data subject has the right to object, on grounds relating to his or her particular situation, at any time to the processing of personal data concerning him or her for public interest or for exercising public authority (Section (1) e) of Article 6), or for the purposes of legitimate interests (Point f) of Article 6), including profiling. In this case the data controller may not continue to process the personal data, except where the data controller demonstrates compelling legitimate grounds for the processing which override the interests, rights, and freedoms of the data subject, or are needed for the establishment, exercise or defense of legal claims.

 

10.2. Where personal data are processed for direct marketing purposes, the data subject shall have the right to object at any time to 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 data subject objects to processing for direct marketing purposes, the personal data shall no longer be processed for such purposes.

 

10.3. At the latest at the time of the first communication with the data subject, the rights shall be explicitly brought to the attention of the data subject and shall be presented clearly and separately from any other information.

 

10.4. The data subject may exercise his or her right to protest via automated devices based on technical specifications as well.

 

10.5. Where personal data are processed for scientific or historical research purposes or statistical purposes, the data subject, on grounds relating to his or her particular situation, shall have the right to object to the processing of personal data concerning him or her, unless the processing is necessary for the performance of a task carried out for reasons of public interest.

 

The relevant rules are set out in Article 21 of the Regulation.

 

11. Automated individual decision-making, including profiling

 

11.1. The data subject shall have 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.

 

11.2. This right may not be exercised, if the decision:

 

  1. a) is necessary for entering into, or performance of, a contract between the data subject and a data controller;
  2. b) is authorised by Union or Member State law to which the data controller is subject and which also lays down suitable measures to safeguard the data subject's rights and freedoms and legitimate interests; or
  3. c) is based on the data subject's explicit consent.

 

11.3. In the cases referred to in Points a) and c) above, the data controller shall implement suitable measures to safeguard the data subject's rights and freedoms and legitimate interests,

 

at least the right to obtain human intervention on the part of the controller, to express his or her point of view and to contest the decision.

 

Further rules are set out in Article 22 of the Regulation.

12. Restrictions

 

Union or Member State law to which the data controller or data processor is subject may restrict by way of a legislative measure the scope of the obligations and rights (Articles 12 to 22 and Article 34, as well as Article 5), when such a restriction respects the essence of the fundamental rights and freedoms.

 

The conditions of such restrictions are set out in Article 23 of the Regulation.

 

13. Communication of a personal data breach to the data subject

 

13.1. When the personal data breach is likely to result in a high risk to the rights and freedoms of natural persons, the data controller shall communicate the personal data breach to the data subject without undue delay. Such information shall describe in clear and plain language the nature of the personal data breach and contain at least the following:

 

  1. a) the name and contact details of the data protection officer or other contact point where more information can be obtained;

 

  1. b) description of the likely consequences of the personal data breach;
  2. c) description of the measures taken or proposed to be taken by the data controller to            address the personal data breach, including, where appropriate, measures to mitigate its possible adverse effects.

 

13.2. Informing the data subject shall not be required if any of the following conditions are met:

 

  1. a) the data controller has implemented appropriate technical and organisational protection measures, and those measures were applied to the personal data affected by the personal data breach, in particular those that render the personal data unintelligible to any person who is not authorised to access it, such as encryption;
  2. b) the data controller took subsequent measures following the personal data breach which ensure that the high risk to the rights and freedoms of the data subjects is no longer likely to materialise;
  3. c) the information would involve disproportionate effort. In such cases, there shall instead be a public communication or similar measure whereby the data subjects are informed in an equally effective manner.

 

Further rules are set out in Article 34 of the Regulation.

 

14. Right to lodge a complaint with a supervisory authority (right to supervisory judicial remedy)

 

The data subject has the right to lodge a complaint to a supervisory authority - in particular in the European Member State of his or her habitual place of stay, place of work or the place of

 

the alleged infringement - in case the data subject believes that the processing of his or her personal data violates the Regulation. The supervisory authority with which the complaint has been lodged shall inform the complainant on the progress and the outcome of the complaint including the possibility of a judicial remedy.

 

These rules are set out in Article 77 of the Regulation.

15. Right to an effective judicial remedy against a supervisory authority

 

15.1. Without prejudice to any other administrative or non-judicial remedy, each natural or legal person shall have the right to an effective judicial remedy against a legally binding decision of a supervisory authority concerning him or her.

 

15.2. Without prejudice to any other administrative or non-judicial remedy, each data subject shall have the right to a an effective judicial remedy where the supervisory authority which is competent does not handle a complaint or does not inform the data subject within three months on the progress or outcome of the complaint lodged.

 

15.3. Proceedings against a supervisory authority shall be brought before the courts of the Member State where the supervisory authority is established.

 

15.4. Where proceedings are brought against a decision of a supervisory authority which was preceded by an opinion or a decision of the Board in the consistency mechanism, the supervisory authority shall forward that opinion or decision to the court.

 

These rules are set out in Article 78 of the Regulation.

16. Right to an effective judicial remedy against a controller or processor

 

 16.1. Without prejudice to any available administrative or non-judicial remedy, including the right to lodge a complaint with a supervisory authority, each data subject shall have the right to an effective judicial remedy where he or she considers that his or her rights under this Regulation have been infringed as a result of the processing of his or her personal data in non-compliance with this Regulation.

 

 16.2. Proceedings against a data controller or a data processor shall be brought before the courts of the Member State where the data controller or data processor has an establishment. Alternatively, such proceedings may be brought before the courts of the Member State where the data subject has his or her habitual residence, unless the data controller or data processor is a public authority of a Member State acting in the exercise of its public powers.

 

These rules are set out in Article 79 of the Regulation.

 

 

16/05/2018 Szeged

 

Orsolya Vas

Manager

Alpaka Kft.