The Privac Policy provides information with regards to all data controls taking place by data controller (hereinafter as: Data controller or Controller) on website www.dhalifort.com (hereinafter as: Website)
Name of Data controller: PharmaConcept Korlátolt Felelősségű Társaság
seat: 1094 Budapest, Angyal utca 24.
address: 1094 Budapest, Angyal utca 24.
email adress: email@example.com
representative of Data controller: Balogné Rózsa Júlia ügyvezető
The control falls within the scope of the Regulation (EU) 2016/679 of the European Parliament and of the Council (hereinafter: Regulation or GDPR).
What kind of data of the Data Subject is controlled by the Controller?
The Controller controls the following data of the Data Subject:
Data provided by Data subject:
For the purpose of maintaining the relationship with data subject as client:
- E-mail address
- Phone number
- Data of residence (ocountry, postal code, town, street, number)
For the purpose of maintaining a database for the operation of the webshop:
- E-mail address
- Phone number
- Data of residence (ocountry, zip code, town, street, number)
- Data for issuing an invioce (name, country, postal code, town, street, number)
Data collected automatically
The data of the Data Subjects computer or mobile tool entering, which are generated during the use of the Website, and are recorded by the system of Data controller as automatic result of the technical procedures, with special regarfs to Internet Protocol (IP) address, the type of the browser, the language settings, the internet service provider (ISP) and the time stamp.
The data recorded automatically are logged by the Website without the sepearate declaration or activity of Data Subject at the enter and the exit. This adata shall not be – without prejudice to cases prescribed by the law – connected by other personal data. Only Data controller shall have access to such data.
What is the purpose of the data control?
The Controller controls the data of the Data Subject for the following purposes:
- Providing the services of the Website to Data subject;
- Identification of the Data Subject;
- Ensuring the communication between the Data Subject and the Controller;
- Passing system messages to the Data Subject;
- Sending contractual offer to Data subject;
- Establishemnt of contract between Data subject and Controller;
- The promotion of the performance of the contract established between Data subject and Data controller;
- The operation of the Webshop;
- The delivery of products to Data subject
- Issuing invoices
What is the data control based on (the legal grounds for data control)?
The control shall be based on the consent of the Data Subject and the necessasity of the control of data for the performance of the contract to be established between Data controller and Data subject. If the control shall be based on the voluntary consent of the Data Subject, it shall not be enforced by the Controller; however, the Controller shall draw the attention of the data subject to the fact that in case of not giving or not giving fully the personal data, all services of the Website/certain services of the Website will not be available for the Data subject/ is not possible between the Controller and the Data Subject.
In case of an order of the Dhalifort product on behalf of Data subject ont he Website, Data controleller issues an invoice. The control and preservation of the personal data indicated on the invoice (name, country, postal code, town, street, number) is compulsary by the relevant laws in the field of taxation and accountancy. The Data control is ordered by the Act. C. of 200 on accountancy. The time for the data control is 8 years based on the act.
The personal data of Data subject is controlled in some cases due tot he reasons mentioned below:
- the data control is necessary for the protection of the vital interests of the Data subject or another natural person.
- Data controller is obliged to control the data by the provisons of the law.
- the data control is necessary for the enforcement of the righteous interests of the Data controller of a third party except for the case if the interests, basic rights and liberties of Data subject of the Data subject , which require the protection of the personal data.
How long does the data control take (duration of the data control)? In which cases may the Data Subject withdraw its consent?
The data control shall place generally until the revoke of the consent of Data subject or rather until the performance of the contract established between Data subject and Data controller. Data subject is entitled to revoke its consent any time. Data controller informs Data subject that the data control shall take place even after the revoke of the consent, if:
Data controller is obliged to control the data by the provisons of the law.
- the data control is necessary for the performance of a contract, in which one of the parties is involved, or it is required for the steps to be take before the establishment requested by the person involved.
- the data control is necessary for the protection of the vital interests of the Data subject or another natural person.
- the data control is necessary for the enforcement of the righteous interests of the Data controller of a third party except for the case if the interests, basic rights and liberties of Data subject of the Data subject, which require the protection of the personal data.
Does the Controller controls sensitive data’?
When using the Website or any other way, the Data Subject may provide such data which may qualify as sensitive data under Article 9 of the Regulation (personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the control of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person's sex life or sexual orientation), including the case when such data is given from which sensitive data may be concluded. The Data Subject shall give its expressed consent to the control of sensitive data to the Controller, if it gives such data to the Controller. The providing of such data is optional, it is not prescribed by Data controller.
Who are entitled to get acquainted with personal data?
Which persons take part as processor in the processing of personal data, in which way is the data processed?
The Controller shall qualify as processor at the same time i. e. it executes technical actions connected to processing. The data is processed by way of an information system.
During the processing the Controller has resort to the services of other processors:
DiMa.hu Kft. (seat: 4026 Debrecen, Honvéd u. 1/A 1/1., e-mail address: firstname.lastname@example.org), as storage provider takes part at the storage of the data. .
Barion Payment Zrt. (seat: 1117 Budapest, Infopark sétány 1. I. ép. 5. em. 5., e-mail address: email@example.com) takes part at the operation of the carry out of the payments by card.
Federal Express European Services Inc. (seat: Cantersteen/Kantersteen 47
1000 Brussels, Belgium , e-mail address: firstname.lastname@example.org), conducts the delivery of the products to the Users.
Are data transferred to any other person than the Controller?
In order to provide services as high-standard as possible to the Data Subject, the Controller engages other persons to operate the Website. The Controller transfers the personal data of the Data Subject to these persons.
There shall be no transfer to third countries.
What are the pricnciples of data control?
The Controller shall controlthe personal data of the Data Subject by taking into consideration the following principles:
The personal data shall be controlled lawfully, fairly and in a transparent manner in relation to the Data Subject (‘lawfulness, fairness and transparency’);
Personal data shall be collected for specified, explicit and legitimate purposes and not further controlled in a manner that is incompatible with those purposes; further control for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes shall, in accordance with Article 89(1) of the Regulation, not be considered to be incompatible with the initial purposes (‘purpose limitation’);
Personal data shall be adequate, relevant and limited to what is necessary in relation to the purposes for which they are controlled (‘data minimisation’);
Personal data shall be accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are controlled, are erased or rectified without delay (‘accuracy’);
Personal data shall be kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are controlled; personal data may be stored for longer periods insofar as the personal data will be controlled solely for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89 (1) of the Regulation subject to implementation of the appropriate technical and organisational measures required by this Regulation in order to safeguard the rights and freedoms of the data subject (‘storage limitation’);
Personal data shall be controlled in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful control and against accidental loss, destruction or damage, using appropriate technical or organisational measures (‘integrity and confidentiality’).
The Controller shall be responsible for, and be able to demonstrate compliance with, these principles of control (‘accountability’).
Which measures shall be taken by the Controller for the sake of the security of the data?
Taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of control as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons, the Controller and the processor shall implement appropriate technical and organisational measures to ensure a level of security appropriate to the risk.
Within the framework of the above, it takes the following measures:
- the pseudonymisation and encryption of personal data;
- the ability to ensure the ongoing confidentiality, integrity, availability and resilience of controlling systems and services;
- the ability to restore the availability and access to personal data in a timely manner in the event of a physical or technical incident;
- a process for regularly testing, assessing and evaluating the effectiveness of technical and organisational measures for ensuring the security of the processing.
- In assessing the appropriate level of security account shall be taken in particular of the risks that are presented by the control, in particular from accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to personal data transmitted, stored or otherwise controlled.
The Controller and processor shall take steps to ensure that any natural person acting under the authority of the Controller or the processor who has access to personal data does not control them except on instructions from the Controller unless he or she is required to do so by Union or Member State law.
In which cases and with what content shall communicate a personal data breach?
The Controller shall communicate to the data subject the personal data breach, without undue delay, where that personal data breach is likely to result in a high risk to the rights and freedoms of the natural person.
The communication shall describe using clear and plain language:
- the nature of the personal data breach,
- the name and contact details of the data protection officer or other contact point,
- the likely consequences of the personal data breach,
- the measures taken or proposed to be taken by the Controller to address the personal data breach, including, where appropriate, measures to mitigate its possible adverse effects.
The communication shall not be required if any of the following conditions are met:
- the Controller has implemented appropriate technical and organisational protection measures, and those measures were applied to the 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.
- the Controller has taken subsequent measures after the data breach which ensure that the high risk to the rights and freedoms of data subjects mentioned above is no longer likely to materialise;
- the communication would involve disproportionate effort. In such a case, there shall instead be a public communication or similar measure whereby the data subjects are informed in an equally effective manner.
Which rights does the Data Subject have in connection with the control and how can he or she enforce them?
a) Right of access
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 controlled, and, where that is the case, access to the personal data and the following information:
- the purposes of the control;
- the categories of personal data concerned;
- the recipients or categories of recipient to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations;
- where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
- the existence of the right to request from the Controller rectification or erasure of personal data or restriction of control of personal data concerning the data subject or to object to such control;
- the right to lodge a complaint with a supervisory authority;
- where the personal data are not collected from the data subject, any available information as to their source;
The Controller shall provide a copy of the personal data undergoing control on the understanding that this right of the data subject, the right to obtain a copy shall not adversely affect the rights and freedoms of others. For any further copies requested by the data subject, the Controller may charge a reasonable fee based on administrative costs. If the data subject submitted the request by electronic means, and unless otherwise requested by the data subject, the information shall be provided in a commonly used electronic form.
b) Right to rectification and erasure (‘right to be forgotten’)
The data subject shall have the right to obtain from the Controller without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the control, the data subject shall have the right to have incomplete personal data completed, including among others by means of providing a supplementary statement.
c) Right to erasure (‘right to be forgotten’)
The data subject shall have the right to obtain from the 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 where one of the following grounds applies:
- the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise pcontrolled;
- the data subject withdraws its consent on which the control is based, and where there is no other legal ground for the control;
- the data subject objects to the control and there are no overriding legitimate grounds for the control, or the data subject objects to the control for the purposes of direct marketing;
- the personal data have been unlawfully controlled
- the personal data have to be erased for compliance with a legal obligation in Union or Member State law to which the Controller is subject;
If the Controller has made the personal data public and is obliged to erase the personal data pursuant to the relevant provisions of the Regulation, the Controller, taking into consideration the available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform Controllers which are controlling the personal data that the data subject has requested the erasure by such controllers of any links to, or copy or replication of, those personal data.
The Controller is not obliged to erase personal data if the control is necessary:
- for exercising the right of freedom of expression and information;
- for compliance with a legal obligation which requires control by Union or Member State law to which the Controller is subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the Controller;
- for reasons of public interest in the area of public health in accordance with points (h) and (i) of Article 9(2) as well as Article 9(3) of the Regulation;
- for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89(1) of the Regulation in so far as the right to erasure is likely to render impossible or seriously impair the achievement of the objectives of that control; or
- for the establishment, exercise or defence of legal claims.
d) Right to restriction of control
The data subject shall have the right to obtain from the Controller restriction of control where one of the following applies:
- the accuracy of the personal data is contested by the data subject, for a period enabling the Controller to verify the accuracy of the personal data;
- the control is unlawful and the data subject opposes the erasure of the personal data and requests the restriction of their use instead;
- the Controller no longer needs the personal data for the purposes of the control, but they are required by the data subject for the establishment, exercise or defence of legal claims; or
- the data subject has objected to control – except the case of control for the purposes of direct marketing - in this case the restriction applies to the period until the verification whether the legitimate grounds of the Controller override those of the data subject.
Where control has been restricted in accordance with the above, such personal data shall, with the exception of storage, only be controlled with the data subject's consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or of a Member State.
The Controller shall inform the Data Subject before the restriction of control is lifted.
What kind of notification obligation shall the Controller have in case of rectification or erasure of personal data or restriction of control:
The Controller shall communicate any rectification or erasure of personal data or restriction of control to each recipient to whom the personal data have been disclosed, unless this proves impossible or involves disproportionate effort. The Controller shall inform the data subject about those recipients if the data subject requests it.
e) Right to data portability
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:
- the control is based on the consent of the Data Subject, including the control of the special categories of personal data under Article 9 of the Regulation.
- the control is carried out by automated means.
In exercising his or her right to data portability, the Data Subject shall have the right to have the personal data transmitted directly from one Controller to another, where technically feasible.
The exercise of the right to data portability shall be without prejudice to right to erasure.
The right to data portability shall not adversely affect the rights and freedoms of others.
f) Right to object and automated individual decision-making
Where personal data are controlled for the purposes of direct marketing, the data subject shall have the right to object to such control at any time, including profiling to the extent that it is related to direct marketing.
Where the data subject objects to control for direct marketing purposes, the personal data shall no longer be controlled for such purposes.
To which authorities Data subject is entitled to turn to? (the right of legal remedy)
a) The right to submit complaints
If Data subject is concerned that the control of its personal data by Data controller breaches the provisions of the data protection rules in effect, especially the provisions of the GDPR, it is entitled to submit a complaint at the National Data Protection and Information Freedom Authority.
The contact details of the
Address: 1125 Budapest, Szilágyi Erzsébet fasor 22/c.
Postal Address: 1530 Budapest, Pf.: 5.
Data subject is entitled to submit complaint at other supervisory authorities, especially at authorities in other member states of the European Union being the residence and workplace of Data subject or the place of the breach of the legal provision.
b) The right to turn to court (the right of litigation)
Data subject – independent of its right to submit complaints – is entitled to turn to court, if its rights designated by the GDPR are violated in the course of the data control.
Data subject is entitled to Az Adatkezelővel mint belföldi tevékenységi hellyel rendelkező adatkezelővel szemben magyar bíróság előtt indítható per.
Data subject is entitled to commence the litigation before the general court according to Art. 22. sec. (1) of the Infotv. The contact details of the general courts in Hungary available at:: http://birosag.hu/torvenyszekek.
Duie tot he fact that Data controller is not considered to be a public authority in any of the member states, Data subject is entitled to commence the litigation at the competent court according to its residence, if the residence of Data subject is in another member state of the European Union.