PRIVACY AND USE OF PERSONAL DATA POLICY

S.C. Prefera Foods S.A. (here in after referred to as“Prefera Foods”), a Romanian legal entity, with its office at DN 1 KM. 392+600, Oiejdea loc., Galda de Jos, Albacounty, hereby submits this Privacy Policy to explain how we process and protect personal data.

1. To whom does this Privacy Notice apply?

This Privacy Notice applies to the processing of personal data that belong to:

o   Our contractual partners, i.e. providers, customers (“Business partners”);

o   Visitors and users of our website: preferafoods.ro (“Users”);

  

2. What data we collect about you?

We collect and process your personal data as follows:

o   based on the information you provide by filling in the forms on our website: the form available on the Contact page, the form available on the Login page, the form in the Careers section.

o  based on your correspondence with us by phone, email or by any other means.

Throughout the activity we carry out on our website, we will not collect or process sensitive personal data related to you (i.e. data on race or ethnicity, political opinions, religion or belief, health, sex life or sexual orientation), unless:

a) we must do so in order to comply with the law; and/or

b) you gave your explicit consent separately.

If you provide personal data voluntarily (including sensitive personal data) throughout your interaction with the preferafoods.ro website or in your correspondence with us by phone, email or by any other means, willingly and not at our request, we will delete these personal data from our systems unless we believe that the processing there of is necessary for a legitimate purpose of Prefera Foods, except if you have made these data public (for example, in a messaging forum which is visible to the public), in which case we will delete these data from the preferafoods.ro website only if so required by law or if we no longer wish to keep them.

Whenever you visit the preferafoods.ro website, we automatically collect the following data:

o  technical data, which may include the Internet Protocol (IP) address used to connect your computer to the internet, connection data, type and version of the browser, time zone setting, types and versions of browser plug-ins, operation system and platform, type of the device and brand of the mobile device used; these data are collected and processed on our behalf, through cookie type files belonging to third parties; please may find additional information on these files by accessing the Cookie Policy

o  data concerning your visit, i.e. data on URL, click sequence to, through and from the preferafoods.ro website (including date and time), information or products viewed or searched on the website

If we obtain your personal data from a third party, we will provide you with all relevant information about the processing thereof as soon as possible, but no later than one month since obtaining your personal data.

   

3. For what purpose and based on what legal grounds do we process personal data?

We are allowed to process your personal data under the following circumstances:

o when we must undertake the necessary measures to conclude a contract with you;

o when we must fulfil a contract concluded with you;

o when we must meet a legal requirement (i.e. applicable laws on labor, accounting, audit);

o when this is necessary in our legitimate interests (or in those of a third party) and in your own interest (i.e. to detect and prevent fraud or to ensure the security of the IT and informational network), unless your fundamental rights prevail over these interests;

o if this is necessary in the public interest or for official purposes.

We process your personal data for various technical, administrative and operational reasons, such as:

o to make sure that the content is displayed to you in the most efficient manner;

o to improve the preferafoods.ro website, including the functionality thereof;

o to manage the preferafoods.ro website;

o for internal activities, including for troubleshooting, data analysis, testing, research, statistical and research purposes;

o to keep the preferafoods.ro website safe;

In some cases, we will process your personal data only with your consent (i.e. for advertising and marketing purposes). In these cases, we will request your consent separately, in a transparent manner, when you provide your personal data. You may withdraw your consent at any given moment, by sending a request to the email dpo@preferafoods.ro. The with drawal of your consent shall not impair the legality of the processing that took place prior to this moment.

When we request personal data to comply with our legal or contractual obligations, the provision of these personal data by you is mandatory. This means that, if such personal data is not provided, we will not be able to manage our contractual relations or comply with the legal obligations set upon us. Otherwise, the provision of the personal data is optional, and you are not obligated to do so.

We may process your personal data, such as identification data, contact information and home address, in order to exercise our rights or submit complaints against you in the future. This processing is based on our legitimate interest, and we should be able to exercise our rights in case of any potential disputes.

Effectively, we will use your personal data as follows:

Users and customers:

In order to provide services, to deliver goods and settle payments under the relevant contracts, we may process personal data, such as identification data, contact information, banking data.

This processing is based on:

o the fulfilment of a Contract to which the Users (particularly customers) are a party;

o the need to address your requests or,

o the need to meet a legal requirement set upon us.

If you are a new customer, we will contact you by electronic means only with your prior consent. If you do not want us to use your data this way, please check the corresponding box in the form used for collecting your data: the contact form in the contact or career section.

We will not send your personal data to third parties, for marketing purposes, unless we have your explicit consent in this sense.

We may also use your personal data to measure or understand the preferred content related to our products; as well as to make suggestions and recommendations to you and other Users of our website about products that may interest you or them.

Business partners:

In order to provide services, to deliver goods and settle payments under the relevant contracts, we may process personal data, such as identification data, business contact information, banking data and identification code for tax purposes, for entities registered for VAT purposes.

This processing is based on:

o the fulfilment of a Contract to which you, as a Business partner, are a party;

o the need to meet the legal requirements set upon us;

o our legitimate interest.

In some cases, we process personal data, such as the names and contact information of the employees or subcontractors of our Business partners in order to convey communications related to the fulfilment of a particular contract with the Business partners.

This processing is based on

As our Business partner, we may submit communications about our latest products and services. If you no longer wish to receive such communications, you must send an email at dpo@preferafoods.ro

Candidates for the jobs advertised byPrefera Foods:

When it comes to your participation in the recruitment and selection process for one or several jobs advertised as vacant within Prefera Foods, we may collect and process your personal data (i.e. data from the resume you submit) in order to make a selection, to assess whether you have the professional skills required for the job/jobs you apply for, as well as to communicate with you throughout the recruitment process.

This processing is based on the legitimate interest of Prefera Foods.

4. To whom we transfer personal data?

Prefera Foods will not transfer (by sale or lease) your personal data to third parties.

Only a limited number of Prefera Foods staff members, i.e. from Sales, Accounting and IT departments, shall have access to your personal data on a need to know basis. These staff members must comply with several confidentiality obligations when it comes to your personal data. The Prefera Foods staff members may only manage your personal data only as instructed by Prefera Foods and in connection with their job duties.

We have technical and organizational measures in place to ensure the protection of the personal data. This website uses security measures againstthe loss, impairment or wrongful use of the information under our control. Nevertheless, Prefera Foods shall not be held liable for the loss of information caused by the software based on which our website has been designed and hosted. We are also not responsible for errors occurring in the security of the server that hosts the website.

Personal data may be conveyed to governmental authorities, fiscal authorities and/or law enforcement bodies, if this is required by the applicable laws or if this is necessary for us to exercise our rights, including the terms of use, or to protect our legitimate interests (including the legitimate interests of third parties) in accordance with the applicable laws.

Your personal data may also be disclosedto third parties, as follows:

o To business partners, providers and subcontractors to fulfil all contracts we conclude with you, with a view to providing the products and services you requested

o To deliver orders, the data shall be sent to companies operating in the delivery sector

o To service providers that provide administrative, professional and technical support to the Company for IT, security support and commercial resources;

o To external consultants (i.e. attorneys, accountants, auditors), for specific purposes, when necessary.

Prefera Foods performs a due diligence when selecting third party service providers and compels these service providers to keep the proper technical and organizational security measures for personal data protection and to process personal data only as specifically instructed by Prefera Foods. The service providers may use subcontractors to provide their services to Prefera Foods, only if each subcontractor abides by the same data protection obligation as them.

5. What is the period of retention of the personal data?

We will retain your personal data for the time needed to fulfil the purposes listed herein or as required by the national applicable laws, pursuant to the applicable minimum legal retention period and/or for as long as necessary to exercise our legitimate rights (and the legitimate rights of other persons).

If you are a Customer or a Business Partner, we will retain your personal data throughout the fulfilment of our contractual relation with you.

If we have a continuous commercial relation with you as Business Partner, we will continue to retain these personal data until such commercial relation ends and for the minimum period of retention set out by law.

If you are a user of the website preferafoods.ro (i.e. you have created a user account on the website), we will preserve your personal data for as long as your user account remains active.

If you apply to one or several jobs advertised in the career section of the preferafoods.ro website, we will retain your personal data throughout the entire duration of the recruitment and selection process, and for an additional 6-month period after the end of the recruitment process (if the candidate was not employed in the company).

If we process your personal data based on your consent, these personal data shall only be processed for the period covered by your consent, unless you choose to withdraw or limit your consent prior to the date of expiration of this period. In such cases, we will stop processing the respective personal data for the relevant purposes, subject to any legal obligation to process these personal data and/or our need to process these personal data in order to exercise our legitimate rights (or the legitimate rights of other persons).

6. Personal data storage and cross-border transfer

The preferafoods.ro website is managed and maintained by Ideologiq and hosted by the INFOGRUP servers, located on the territory of Romania. 

We do not intend to transfer your personal data outside the EEA if there are no appropriate protection measures in place, including:

o  a decision concerning the appropriateness of the measures issued by the European Commission on the intended country or countries;

o  a “privacy shield” certification;

o  corresponding corporate mandatory rules;

o  an approved code of conduct, along with mandatory and enforceable commitment of the data controller or processor in the country outside the EU and EEA;

o  an approved certification mechanism, along with the mandatory and enforceable commitment of the data controller or processor from a country outside the EU and EEA to apply the proper guarantees; or

o  EU standard contractual clauses approved by the European Commission.

  

7. Which are your rights?

As per the applicable legislation you have the following rights:

o The right to request a confirmation on whether your personal data are processed by us or not and a copy of your personal data;

o The right to request the correction or erasure of the personal data processed by Prefera Foods;

o The right to request the limiting of the processing of your personal data by Prefera Foods;

o The right to object to the processing of your personal data by Prefera Foods (i.e. the use of processing for direct marketing purposes);

o The right to request the portability of the personal data;

o The right to withdraw consent, at any given moment, without impairing the legality of the processing based on your consent prior to withdrawal;

o The right to file a complaint with the National supervisory authority on personal data processing.

Please consider that the rights described above may be limited under certain circumstances and are subject to the applicable laws and regulations on personal data protection. For example, the right to object to the processing of your personal data may be limited if we can prove that we have compelling legitimate reasons to process your personal data that prevail over your interests. You must make proof of your identity and provide additional details to help us address your request.

No fee applies in order to address your request, unless this is allowed by law and, if such a fee applies, it will be reasonable and proportionate to your request.

In order to exercise one or more of these rights, please contact us at dpo@preferafoods.ro

8. Personal data security

We store your personal data on the servers of the INFOGRUP company, located on the territory of Romania.

We have the appropriate technical and organizational measures in place, in order to protect your personal data and prevent unauthorized access to them. We have entered into contractual relations with third parties that provide hosting services and these contracts include obligations related to the technical and organizational security of the personal data.

You must ensure the confidentiality of all the means of authentication (i.e. username, passwords etc.) you use to access sections of the preferafoods.ro website. The communication of data through the internet is not fully secure. Although we are making all efforts to protect your data, we cannot 100% guarantee the security of your data communicated on our website; any communication of personal data shall be done at your own risk. Once we receive your data, we will use strict security procedures to prevent unauthorized access.

  

9. The confidentiality of data belonging to minors

The preferafoods.ro website does not knowingly collect personal identification data of persons who are under the age of 16. If the parent or the legal guardian becomes aware that the minor under their care has provided personal data to the preferafoods.ro website, they must inform Prefera Foods at once, at dpo@preferafoods.ro . If we become aware that a person under the age of 16 has provided personal data through the preferafoods.ro website, then we shall destroy this information from our servers at once, unless the parent or the legal guardian express their explicit consent for the processing by the website of the child’s personal data for the purposes specified.

  

10. Cookies

The preferafoods.ro website uses cookies to provide you with a better experience whenever you browse through our website. This processing is based on your consent expressed on the website or through the settings of your browser. Please find additional information about cookies by accessing our Cookie Policy.

  

11. Contact

If you have questions or doubts as to the processing of your personal data by the preferafoods.ro website or if you wish to exercise one or more of your rights, please feel free to contact us at the email address dpo@preferafoods.ro

Please do not disclose sensitive personal data (i.e. information on race or ethnicity, political opinions, religious belief or of any other type, health related information or membership to a trade union), social security numbers when contacting us.

 

Last update: December 6th, 2018.  

Note: We may update this Policy regularly and we will notify you of any change by posting the new version on the preferafoods.ro website.

Please review the webpage dedicated to the Privacy Policy to make sure you are up to date with any new changes.