Privacy Policy

LLC QLEKTA PRIVACY POLICY

This privacy policy (hereinafter - Policy) describes the procedure by which LLC Qlekta, registration number 40203224217 (hereinafter - QLEKTA), processes the personal data of its users (physical persons).

The purpose of this Policy is to provide QLEKTA users with information about types of personal data, procedure, objectives and grounds for their processing, as well as about rights of physical persons as data subjects.

This Policy is drafted in Latvian and translated into other languages for the convenience of the users. In case there are discrepancies of the definitions, or differently written passages, the Latvian text shall have a priority.

1. GENERAL DATA PROTECTION REGULATION ON THE PROTECTION OF INDIVIDUALS WITH REGARDS TO THE PROCESSING OF PERSONAL DATA AND ON THE FREE MOVEMENT OF THESE DATA

QLEKTA carries out processing of personal data according to the provisions of the General Data Protection Regulation on the protection of individuals with regards to the processing of personal data and on the free movement of these data (GDPR) which came into force on May 25, 2018. The Regulation defines principles of the personal data processing (including obtaining, use, storage and destruction) and rights of physical persons as data subjects, i.e. possibility to control the use of their data.

2. WHAT IS PERSONAL DATA

Personal data is any information (written, audio, video, electronic, biometric) that directly or indirectly relates to an identified or identifiable individual (data subject), for example: name, surname, identification number, birth data, telephone number, postal address or e-mail address, photos, one or several economic factors typical of the physical person and other information that makes it possible to identify the latter.

3. WHAT IS PERSONAL DATA PROCESSING

Personal data processing is any operation performed with personal data with or without use of automation means, for example: collection, registration, organization, structuring, storing, customization or modification, obtaining, viewing, use, disclosure by means of sending, distributing or otherwise making them available, matching or combining, restriction, erasing or destruction.

4. WHO IS A PERSONAL DATA SUBJECT WHOSE DATA IS PROCESSED BY QLEKTA

A personal data subject is any physical person who:

• has been registered on QLEKTA homepage, or;
• has required information from QLEKTA about goods offered for sale on QLEKTA homepage or about services provided by QLEKTA, or;
• uses or has used services provided by QLEKTA, or;
• has given its consent for receipt of commercial messages from QLEKTA, including messages about news, sales, events, discounts, contests, lotteries or draws, as well as for tracking (profiling) of shopping habits in order to obtain personally prepared offers, or;
• has expressed its consent for participation in QLEKTA (user) loyalty programs (hereinafter - User).

5. WHAT PERSONAL DATA IS PROCESSED BY QLEKTA

QLEKTA collects personal data from the following sources: from the User itself, from QLEKTA websites on social networks.

This is the information you provide when you:

• register on QLEKTA homepage, platform;
• fill out the forms;
• use the contacts in messengers or social network;
• send us an e-mail or write to us in a different way;
• sign up for our services;
• are looking for products or services on QLEKTA platforms;
• place an order on QLEKTA platform;
• participate in sales promotion or survey;
• send us a request or;
• notify about a problem with our platforms.

The information you provide to QLEKTA can contain the following personal data:

• identification data, for example: name, surname;
• contact information, for example: telephone number, e-mail address, postal address, communication language with the User;
• data necessary for entering the system and the password.

During registration, the personal data specified in the registration application form is processed. The provision of this personal data is mandatory. You can submit other additional information voluntarily while using our platform.

You can supplement and modify all the data specified in the customer's record entry.

5.2. QLEKTA automatically collects data obtained by the customer when visiting QLEKTA homepage and which is to be automatically deleted after 20 weeks.

This information includes:

• information of technical nature;
• information about your visit.

The technical information may include the (IP) address of the Internet Protocol used to connect your computer to the Internet, your login details, browser type and version, time zone settings, types and versions of browser plug-ins, operating system and platform.

Information about your visit may include full unified resource generators (URLs), transition flow to our website, through and from it (including date and time), what items you have viewed, what you have been looking for, page reference time, download errors, the length of time you have visited the page, information about your interaction with the webpage (such as scrolling, clicks and setting the mouse pointer), the methods used for transition from the webpage, and any telephone number used to call our customer support, social network decryptors which are used to communicate with our customer support service.

Processing is carried out in accordance with Article 6(1)(f) of the GDPR based on our legitimate interest in improving the stability and functionality of QLEKTA platform and the investigation of complaints about a possible illegal use of the website.

6. PROCESSING OF CHILDREN'S PERSONAL DATA

QLEKTA does not deliberately collect or process information about users under the age of 16. If we become aware that we possess such information, we will take all reasonable steps to delete that information immediately.

7. QLEKTA GROUNDS AND PURPOSES FOR PROCESSING OF PERSONAL DATA

7.1. QLEKTA processes personal data provided by the users based on one or several purposes specified below:

• it is necessary for ensuring of QLEKTA service provision;
• it is necessary for expressing a commercial offer requested by the User with regard to services provided by QLEKTA;
• it is necessary for fulfilment of requirements of regulatory enactments;
• it is necessary for sending out QLEKTA’s commercial notifications, including those about news, discount campaigns, events, discounts, contests, lotteries or draws, or for tracking (profiling) of User’s shopping habits if it has been preceded by separate and unambiguous consent of the User;
• it is necessary for participation in QLEKTA (user) loyalty programs;
• it is necessary for registration of the user on QLEKTA homepage;
• it is necessary for implementation or protection of legitimate (legal or contractual) interests of QLEKTA;
• it is necessary to provide the content on QLEKTAs page to you and your computer in the most efficient way.

7.2. QLEKTA processes data obtained by a customer visiting a QLEKTA website for the following purposes:

• to ensure continuous communication with QLEKTA;
• to ensure convenient use of QLEKTA and optimization of the platform;
• system monitoring and ensuring stability and security;
• to detect and prevent attacks on our website;
• QLEKTA's administration and internal operations, including troubleshooting, data analysis, testing, research, and other internal statistical and administrative purposes;
• analysis of advertising effectiveness.

QLEKTA processes customer data in accordance with its legitimate interests on the basis of Article 6(1)(f) of the GDPR. Our legitimate interests arise from the data collection objectives set out above.

When you visit our website, we also use cookies and analytical services. Additional information on cookies can be found in Article 11 of this Policy.

8. TO WHOM QLEKTA MAY TRANSFER PERSONAL DATA

8.1. QLEKTA may transfer User’s personal data to the third parties only in cases if:

• you specifically agree to it as per Article 6(1)(f) of the GDPR;
• if it is necessary for implementation legal obligations with regard to QLEKTA, as per Article 6(1)(f) of the GDPR;
• information dissemination is necessary to protect against  claims or legitimate interests, and there is no reason to believe that your legitimate interests in not disseminating your personal data outweigh the interests of the controller under Article 6(1)(f) of the GDPR.

8.2. QLEKTA may transfer User’s personal data in certain cases:

8.2.1. if it is requested by state authorities or institutions authorized by them, courts, sworn advocates and bailiffs.

8.2.2. if it is necessary for ensuring the services provided by QLEKTA, as well as for implementation and protection of legal and contractual interests of QLEKTA, for example:

• to third persons whom QLEKTA has entrusted under the contract to perform certain functions or provide services necessary for provision of services and conducting or ensuring of activity by QLEKTA, including lawyers, accountants, communication, postal and information technology service providers;
• contact information of the seller of specific goods may be transferred to the buyer of these goods and vice versa;
• to debt collectors, administrators of bankruptcy or insolvency proceedings;
• performing audits related to existing interactions and parallel transactions, including performing calculation of ad impressions for unique visitors, checking the positioning and quality of ad serving, as well as checking compliance with a certain specification and other standards;
• detecting incidents related to security, protection against abusive, deceptive, fraudulent or other illegal activities, as well as prosecuting those responsible for these activities.

8.3. In the cases specified in Clause 7.2 of this Policy, QLEKTA provides or obtains from the third parties the User's personal data in the amount necessary for the provision of the respective service or performance of the respective activity.

8.4. Users' personal data specified in the personal profile when registering on QLEKTAs platform is not reviewed with third parties.

8.5. When publishing an advertisement as a seller, the user in accordance with Article 6(1)a. may directly agree to the publication of their contact details by choosing the type of communication for direct interaction with potential buyers (both registered and not registered), QLEKTA users. At any time, the user may revoke his consent to the publication of personal data by making changes to the type of communication in step 4 (fourth) of the sales announcement.

8.6. QLEKTA may also transfer the obtained information to:

• Analytics and search engine service providers who assist QLEKTA in improving and optimizing the operation of the website, provided that you have given your consent in the cookies section of this Policy (it does not identify you as an individual);
• if it were necessary for concluding an agreement with business partners on joint works for the provision of Services, with which QLEKTA entered into an agreement on joint responsibility for the processing of relevant personal data in accordance with Article 26 of the GDPR;
• Braintree, a payment processing service provider that provides secure payment processing services. We draw your attention to the fact that Braintree does not transfer your payment card data to QLEKTA.

9. TRANSFER OF PERSONAL DATA OUTSIDE THE EUROPEAN UNION

9.1. For the processing of electronic payments QLEKTA uses the Braintree payment service platform (www.braintreepayments.com).

If you select the parameter “Debit or credit card” while placing an order, we will pass information on your order to the Braintree to perform the operation. Some of your messages will be stored in Braintree to provide information about your operation in case you need to process return of funds or provide support, as well as to prevent fraud.

Braintree is an American company, where an equivalent level of protection of physical person’s data is applied in the processing of personal data  - the processing of data will be lawful and proportionate, the data will be secure, data subject's right to control his or her data will be respected.

For additional information, see Braintree privacy policy.

9.2. We use Mailgun services (www.mailgun.com) to send messages.

Mailgun is an American company that applies an equivalent level of personal data protection to the processing of personal data - the data processing will be lawful and proportionate, the data will be secure, the subject's right to control his data will be respected.

For additional information, see Mailgun privacy policy.

9.3. For secure mutual payments between customers (between the seller and the buyer), Qlekta offers the use of a secure transaction (escrow) service provided by Escrow.com, Inc.

To sell your goods through an escrow service, you must register your user account as a private seller with Escrow.com. Upon registration, you apply to open an escrow account.

This user account is used to process your costs as part of your escrow account service. Escrow.com, Inc. is required by law to prevent money laundering and terrorist financing to identify each seller based on the required documents and information containing personal data provided by you.

Escrow.com, Inc. is an American company that applies an equivalent level of personal data protection to the processing of personal data - the processing of data will be lawful and proportionate, the data will be secure, and the subject's right to control their data will be respected. With the escrow service, personal information is processed in accordance with Escrow.com, Inc.'s privacy policy. For more information, see Escrow.com privacy policy.

10. HOW LONG QLEKTA KEEPS DATA

QLEKTA stores personal data as long as you have record entry with us to fulfill contractual obligations to you.

In addition, we store the data you voluntarily provide while using QLEKTA website, unless you delete it earlier.

After deleting a record entry, QLEKTA processes the user's personal data for as long as it is necessary for a specific purpose to ensure the fulfillment of its obligations to the user and compliance with regulatory and commercial law, tax and other applicable law.

In addition, if permitted by law and there are no objections from the data subject, QLEKTA may store your personal data for a period of six years after the deletion of the record to detect any problems and resolve legal disputes.

We may also store shared information above a specified time for research purposes and to help develop and improve our Services. Please note that you cannot be identified by the shared information that is stored or used for these purposes.

11. COOKIES

11.1. What are cookies

Cookies are small text files kept by a website on your computer or mobile device when you open the website. It makes it possible for the website to remember your name and settings (for example, language, text sizes and other image settings), which you use to view this website in a way so that you do not have to do it again every time.

11.2. How QLEKTA uses cookies

All cookies are depersonalized to the maximum and used only for improvement of homepage quality or for collection of statistic data.

We use cookies in order to:

• improve homepage functionality;
• customize homepage functionality in accordance with your user habits;
• obtain statistic data about the flow of homepage visitors: number of visitors, time spent on the website etc.;
• to create an advertising strategy and show you more attractive advertising and offers.

11.3. Control over cookies and storage time

Cookies are kept on your computer or mobile device, and you fully control their use.

You can get acquainted with the kinds and types of cookies, their storage time and change the cookie settings by clicking on the "Cookie settings" button at the bottom of the page. You may need to refresh the page for the settings to take effect.

You can also control the use of analytical, functional and marketing cookies by changing your browser settings. Learn how to manage cookies in the most popular browsers:

• Google Chrom 
• Microsoft Edge 
• Mozilla Firefox 
• Microsoft Internet Explorer 
• Opera
• Apple Safari 

For information about cookie control in other browsers, we recommend visiting your browser's website. To opt out of Google Analytics tracking in all browsers, we recommend visiting http://tools.google.com/dlpage/gaoptout

You can delete all cookies on your personal device, you can set it to block the insertion of cookies on your device.

See www.aboutcookies.org for details on control procedures.

11.4. Third-party cookies

Some websites use cookies on behalf of QLEKTA. Social networks like Facebook use cookies so you can easily share with their content. Google Analytics stores anonymized statistical data that is used to improve your interaction experience with this website. We don't manage these cookies directly.

You can get acquainted with an additional information on these websites:

Mac App Store: Apple Privacy Policy

Google Analytics: Google Privacy Policy

Braintree: Braintree Privacy Policy

PayPal: PayPal Privacy Policy

Mailgun: Mailgun Privacy Policy

Facebook: Facebook Privacy Policy

Twitter: Twitter Privacy Policy

Instagram: Instagram Privacy Policy

YouTube: YouTube Privacy Policy

ATTENTION:

If you visit QLEKTA website with turned off cookies, possibly, functionality of our services will be restricted.

12. SUBSCRIPTION TO OUR ADVERTISING NEWS AND ANNOUNCEMENTS

For its own legitimate interests and with your express consent in accordance with Article 6(1)(a) of the GDPR QLEKTA uses your e-mail address for marketing analysis and sending you advertising notices about QLEKTA's services.

If you subscribe to receive newsletters, we will retain your IP address provided by your Internet Service Provider (ISP), as well as the date and time of registration, so that you can later track any illegal use of your email.

You may opt out of using your email address at any time for marketing purposes by reviewing and updating your contact information in your record entry, or by clicking on the "Unsubscribe" link at the end of all our marketing and advertising communications.

13. FEEDBACK AND COMMENTS

When you implement the comment function on QLEKTA website, we publish and store information about the time of publication of the comment and the name of the author of the comment you have chosen. In addition, your IP address will be registered and stored. This repository of IP addresses was created for security purposes and in cases where the author of the comment infringes the rights of third parties or publishes illegal content. Your email address would be required to contact you if a third party considers your published content to be illegal. The legal basis for the storage of such data is the provisions of Article 6(1)(b) and (f) of the GDPR. We reserve the right to delete your comments if third parties dispute the lawfulness of their publication.

For an indefinite period of time we retain all content that you have publicly posted (such as public announcements, seller feedback, comments, etc.) for site management purposes. The provision of site services with full user content is in our legitimate interest based on the provisions of the Article 6 (1)(f) of the GDPR. If you delete your tracking record, your public posts will remain and will be available to all readers, but your tracking record will no longer be available and the rest of the data will be deleted.

14. INFORMATION PROTECTION

QLEKTA confirms that the information and personal data submitted by the User when placing an order or purchasing a product on QLEKTA website will be processed and stored in accordance with the requirements of European Union legislation on personal data protection.

All personal data provided by the User is stored on our secure servers. All information will be encrypted using TSL.

By registering at QLEKTA, you can gain access to your profile after entering a personal password. You are responsible for maintaining the confidentiality of this password. We ask you not to reveal this password to anyone and to close the browser window, having finished working on QLEKTA`s platform.

Unfortunately, information transmission on the Internet is not very secure. While QLEKTA makes every effort to protect your personal data, we cannot guarantee the security of your data transmitted to our platforms; any transfer of data will be at your own risk.

QLEKTA takes technical and organizational security measures to protect your data from unauthorized access, loss, destruction or alteration.

Our website may contain links to external websites. We are not responsible for the content or privacy policies of these websites.

15. WHAT ARE RIGHTS OF QLEKTA USER AS DATA SUBJECT

The User as data subject has the following rights with regard to processing of his or her personal data:

• the right to get an access to his or her personal data - the User has the right to get information, whether or not QLEKTA processes his or her personal data, and if processes data, the User may request an access to his or her personal data as well as full information on when, where, how and why his or her personal data has been stored and used;
• the right to make corrections to his or her personal data - the User has the right to ask to correct his or her personal data if it is inappropriate, incomplete or incorrect;
• the right to object to processing of personal data - the User has the right to submit objections due to processing of his or her personal data if the personal data use is based on marketing purposes;
• the right to withdraw the consent - the user has the right to withdraw his or her consent for processing of personal data;
• the right to be forgotten - the user has the right to ask to delete its personal data if it does not contradict requirements of regulatory enactments;
• the right to lodge a complaint - the user has the right to lodge a complaint against processing of his or her personal data to QLEKTA and State Data Inspection if the user believes that processing of his or her personal data violates the user’s rights stated by regulatory enactments;
• other rights set out in the Regulation.

16. DELETION OF PERSONAL DATA

QLEKTA informs the User on the following: if the User deletes his or her profile from QLEKTA platform, the following data shall continue to be stored about the User:

• the correspondence with the User will be stored in profiles of other Users of QLEKTA; 
• invoices issued to and paid by the User will be stored in accounting within the term specified in the regulatory enactments;
• we retain all content that you publish publicly (such as public announcements, seller reviews, comments, etc.) for website management purposes.

ATTENTION:

After deletion of your profile, you will not be able to get access to it and it will not be able to restore it. Before deleting the profile, save data that is important for you.

17. WHERE QLEKTA USER MAY APPLY DUE TO PROCESSING OF PERSONAL DATA

Controller - Qlekta, SIA

Address: Piestatnes street 11A, Jurmala, LV-2015, Latvia

E-mail: [email protected]

The User may apply to QLEKTA due to processing of personal data (on various issues, granting or withdrawal of the consent, use of its rights or with complaint against the use of its personal data) by sending his or her requests to the above mentioned address or e-mail address, specifying the subject of the message “Processing of personal data”.

18. CHANGES TO THE PRIVACY POLICY

Any subsequent changes to this Policy will be published by QLEKTA on this webpage and QLEKTA will notify its registered users of any material changes by e-mail notifications.

This Policy was last updated on May10, 2020.

PRIVACY POLICY FOR DOWNLOAD

Privacy Policy Qlekta