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MEGA MAX MEDIA s.r.o. Information on data processing

provided in order to explain the detailed rules of data processing with regard to the personal data of natural persons in accordance with the provisions of the 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 (General Data Protection Regulation, hereinafter referred to as: ‘GDPR’) in the course of using services available at the informative homepage https://www.ducktv.tv/ of MEGA MAX MEDIA s.r.o. (Sevenkova 34, 851 01, Bratislava, Slovak Republic, a hereinafter referred to as: ‘Controller’) and in the course of visiting the web store on this homepage and purchasing products in this web store.

The present information leaflet shall be displayed by the Controller on the above homepage visited by the consumers of the Controller in a place clearly visible. The information leaflet enters into force on the day of the disclosure and shall remain in force until the day when the Controller discloses new Information on data processing. The Controller reserves the right to unilaterally amend the present Information on data processing. In the case of unilateral amendment of the present Information on data processing the former information leaflet shall prevail regarding web browsing, purchasing and processing data in the course of such activities commenced but not finished before the disclosure of the amended information leaflet. In the interest of transparency and customer-orientation the Controller shall display separate notification on its homepage on the eventual amendments of the present information leaflet.

 

I. Definitions:

personal data means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person;

processing means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means (i.e. manually), such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction;

controller means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data;

processor means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller; and executes tasks of a purely technical nature related to the processing operations (e.g. data recording);

personal data breach means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data transmitted or otherwise processed;

recipient means a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not;

third party means a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data;

child's consent According to Article 8 of the GDPR in relation to the offer of information society services directly to a child, the processing of the personal data of a child shall be lawful where the child is at least 16 years old. Where the child is below the age of 16 years, such processing shall be lawful only if and to the extent that consent is given or authorised by the holder of parental responsibility over the child. 

 

II. Principles of processing data

It is a particularly important aspect to the Controller to process, safely use and record the personal data provided by the users of its services and buyers of its products pursuant to the applicable laws and other regulations, to fully secure the right of informational self-determination of the visitors and to provide detailed information about the processing of personal data.

The Controller processes your data in accordance with the principles of lawful, fair and transparent processing, purpose limitation, data minimisation, accuracy, storage limitation, integrity and confidentiality and accountability. The Controller ensures that its employees and personnel observe these principles.

The principle of purpose limitation is observed in the course of the processing data for clear and defined purposes set forth below, whereas data minimisation means that the Controller only processes data that are absolutely necessary in order to achieve the purpose in accordance with the principle of storage limitation, i.e. personal data may not be stored longer than it is absolutely necessary.

The Controller informs you that your personal data will be irrevocable erased after the expiry of term defined below or when the aspects of the determination of the term are no longer valid and - only for the purpose of statistical analyses and calculation and development efforts - such data will be kept which cannot be associated with you and which cannot identify you in any form.

 

III. The lawfulness of our processing - the legal basis for the processing in accordance with Article 6 of the GDPR:

1./ Processing based on consent: The consent of the Visitor/Buyer establishing a freely given, specific, informed and unambiguous indication of his or her agreement to the processing of personal data by the Controller relating to him or her;

2./ processing for the purpose of the performance of a contract: the performance of a contract to which the Visitor/Buyer is party;

3./ processing for the compliance with a legal obligation: processing is necessary for compliance with a legal obligation to which the Controller is subject (e.g. fulfilment of accounting obligations);

4./ Processing for legitimate interest: processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party; The conditions of this legal basis are laid down in the data privacy code of the Controller which contains the circumstances taken into account when using the Balancing test and the used procedure.

 

IV. Information map

We inform you about your personal data processed by us and the lawfulness and purpose limitation of the processing as follows:

The data subjects - classified in two categories - may visit our homepage and use the services of the web store. These categories of the processed and recorded personal data are as follows:

1. Users’ category - visitors:

In case you browse on our homepage and collect information, you use our homepage service as a visitor (hereinafter referred to as “Visitor”) until you do not register on our homepage. If you use our homepage service as a visitor, we do not obtain any personal data based on which you can be identified and we do not store any data related to you in such case.

a) use of cookies:

When you visit our homepage, we create a small piece of data, a so called cookie, which does not collect information related to you but transmits information to us about usage patterns regarding the computer on which you are logged in. That means that we receive information about the pages opened, the browser used on such computer and the visits made with the help of such computer,  however, these pieces of information are linked not to you but only to the computer used by you at a particular moment. The cookie is meant to make the use of our homepage more comfortable, effective and enjoyable and to send you special offers and advertisements. You do not give us the data necessary for the creation of the technical identifier but - in the light of the foregoing - we gather these data in the course of the usage of the homepage. Indeed, the data is automatically exchanged on the basis of the communication between the computers.

The legal basis of the use of the cookie is your consent, as when visiting the homepage - by clicking on the ‘accept’ button on the popup page - you grant your consent to the lawful use of the above. However, you can also delete the cookie from your computer or you can block the use of cookies in your browser. Generally, you can manage cookies in the Tools/Settings page of the browsers under Data protection by naming the cookie. We consider the blocking of the cookies as the withdrawal of you your consent.

B) mobile application:

As controller, we have a mobile application service which you can download to your mobile device.  With the help of this application you can use our TV service and we also offer several games which you can play on your mobile phone. We kindly inform you that we do not collect any personal data related to you in the course of the download and use of the application. In accordance with the principle indicated in clause a) we only receive and record data which are not related to you (thus these data do not constitute personal data). These data are ID identifiers related to your telephone.

2. Users’ category - buyers:

In case you intend to purchase items in the web store on our homepage, you can do it by registering on the homepage and providing your personal data.

You are kindly requested to thoroughly review the detailed information, table regarding the data processed pursuant to the present clause:

Categories of data

Source of data

Purpose of processing

 

The lawfulness of processing

(Legal grounds)

period for which the personal data will be processed

 

1. email address

Given by the Buyer

Registration and identification of the Buyer

Performance of the Contract (Clause III/2)

Termination of the contract, until the deletion of accounts

Conclusion, determination of the content, amendment of the contract and monitoring the performance thereof

 

Performance of the Contract (Clause III/2)

Until the termination of the contract

For communication purposes

Performance of the Contract (Clause III/2)

Termination of the contract, until the deletion of accounts

2. password

Given by the Buyer

Registration and identification of the Buyer

Performance of the contract (Clause III/2) in both cases

Termination of the contract and until the deletion of accounts

For communication purposes

2. Billing name and address

Given by the Buyer

Conclusion, determination of the content, amendment of the contract and monitoring the performance thereof

 

Performance of the contract (Clause III/2)

 

Until the termination of the contract

Eventual claim and fraud prevention

legitimate interest (III.4./)

 

Until the expiry of the limitation period

 

In case the contractual relationship is created, the invoicing the fees (e.g. purchase price) arising from such relationship

 

Fulfilment of legal obligation (III.3./)

for the term defined under law

4. Amount of the purchase and the indication and quantity of the purchased products

given by the Buyer and the amount automatically calculated on the homepage

Conclusion, determination of the content, amendment of the contract and monitoring the performance thereof

 

Performance of the contract (Clause III/2)

 

Until the termination of the contract

In case the contractual relationship is created, the invoicing the fees (e.g. purchase price) arising from such relationship

 

Performance of the contract (Clause III/2) and the fulfilment of legal obligation (III.3./)

 

for the term defined under law

Eventual claim and fraud prevention

legitimate interest (III.4./)

Until the expiry of the limitation period

5. Bank data (bank, number, expiry date, security code of the bank card and the name on the bank card)

Given by the Buyer

Conclusion, determination of the content, amendment of the contract and monitoring the performance thereof

 

Performance of the contract (Clause III/2)

 

Until the termination of the contract

In case the contractual relationship is created, the invoicing the fees (e.g. purchase price) arising from such relationship

 

Performance of the contract (Clause III/2) and the fulfilment of legal obligation (III.3./)

 

for the term defined under law

Eventual claim and fraud prevention

legitimate interest (III.4./)

Until the expiry of the limitation period

We kindly inform our Buyers that - in order to purchase items in our web store - it is strictly necessary for the conclusion of the contract to provide the data in the above table, these data are the preconditions of the conclusion of the contract, therefore, the provision thereof is obligatory. In the absence of the above personal data, we cannot conclude any contract with you.


V. Controller and processors

A.) Controller

Your personal data indicated in clause IV are processed by our company as controller:

MEGA MAX MEDIA s.r.o.

Company data: registration number: 35938684,
registered seat: Sevcenkova 34, 851 01 Bratislava, Slovakia The Innovation Centre)

Contact information of the central customer service of our company:
Contact person: Ivana Polakova, sales support
Email address: ivana.polakova@ducktv.tv
phone no.: +421 911 665 536

We have separate customer services dedicated to each country listed on our homepage. You can check these customer services on our homepage. For faster and better administration, investigation of complaints and in case of any requests or enquires, we recommend you to contact the customer service of the country of your habitual residence. In case you contact customer services operated in other countries, you will be redirected to the customer service which can act faster and is dedicated to your country.

We kindly inform you that the Controller and its employees have access to your data indicated in clause IV and such processing is governed by inner data protection regulations and all the employees of our company are obliged to comply with these regulations.

In accordance with the GDPR no data protection officer is designed in our company.

B.) Processors:

Your personal data indicated in clause IV are transferred by our company to the following undertakings and these undertakings have access to the data recorded by us and necessary to achieve the following purposes:

Mimóza Kommunikációs Kft. (registration number: 01-09-465357, registered seat:
1053 Budapest, Ferenciek tere 2. 1. floor., tax number:12096530-2-41), which company fully operates our homepage, carries out development activities and maintenance works and sends out newsletter on our behalf.

We have concluded data processing contracts with all of the above listed service providers in which they guarantee the safety of your personal data, however, our company does not warrant and specifically limits its liable for the existence of, compliance with and enforcement of the data protection regulations of the data processors being in compliance with the law.

 

VI. Email marketing - newsletters 

We kindly inform you that you can subscribe to our newsletters occasionally sent by us by giving your first name, family name and email address on our homepage. These newsletters contain ads, offers and other information ensuring thereby that You will be promptly notified about our products and services provided by us. The legal ground for processing your personal data indicated in the present clause is the legitimate interest of the Controller bearing in mind that for direct marketing purposes we have the right to send marketing materials based on the above. The newsletters can be requested by giving the above data and clicking on the ‘send’ button. Your data given in such manner are processed for the operation of the newsletter service used by the Controller, however, in case you protest against it and the conditions set out in the GDPR exist, we will erase the personal data indicated in the present clause and we will not send you newsletters to you in the future.  We kindly inform you that - in order to use our newsletter service - the provisions of all the personal data indicated in the present clause is obligatory, in the absence of these data we cannot send you newsletters.

We hereby inform you that the content of the newsletter is for children, however, in order to comply with our obligations under law and in accordance with the GDPR, minor children can subscribe to these newsletters only through the holder of parental responsibility over the child by registering the name and email address of the holder of parental responsibility over the child.

 

VII. Your rights in connection with the processing of your personal data 

Right to access: You have the right to request information about the purpose of the data processing, in which category is the data classified, about the categories of the recipients, i.e. about the persons to whom your personal data is or will be disclosed - including in particular the recipients from third countries or international organisation, the period for which the personal data will be stored or the criteria used to determine that period. You can request copy of your data processed by us free of charge in one occasion, we charge fee for requesting further copies.

Rights to rectification, to erasure (to be forgotten): You are entitled to request from the Controller the rectification, modification, supplement of personal data related to you in case you  become aware that the recording thereof is not appropriate or these data are changed. Your company shall be obliged to comply with this request without any delay. Th erasure of the data can be requested in cases defined under law which will be performed by us if the conditions set out in article 17 of the GDPR exist. In such case your data will be permanently and irrevocable erased from our records.

Right to restriction of processing: n the cases set out in article 18 of the GDPR you have the right to obtain from us restriction of processing.
Furthermore, we kindly inform you in connection with the aforementioned rights that, in case of such requests, all the recipients with whom your personal data has been disclosed has to be informed about such acts, in case it is not disproportionately costly.

Right to data portability: According to Article 20 of the GDPR you have the right to request the personal data concerning you which you have provided to us based on your consent or the performance of any contract or to request from us to directly transmit those data to another controller.

Right to object: You have the right to object, on grounds of legitimate interest, at any time to processing of personal data concerning you.

Withdrawal of consent: If our data processing is based on your consent, you are entitled to withdraw such consent at any time. Please also note that the withdrawal has no retroactive effect, thus it does not affect the lawfulness of our prior data processing. Right to complain: If you notice that the processing of your data does not comply with the law or your rights have been prejudiced in connection with our processing, you are entitled to file a complaint to the supervisory authority or take legal actions before the competent court.

Contact information of the supervisory authority:
Office for Personal Data Protection of the Slovak Republic
Address: Hrani─Źná 12
820 07 Bratislava 27
Slovak Republic
Tel.: +421/2/32313214
fax number: +421/2/32313234
email address: statny.dozor@pdp.gov.sk
homepage: https://dataprotection.gov.sk

 

VIII. Ensuring data security 

 If we notice any personal data breach, we, without undue delay and not later than 72 hours after having become aware of it, notify the personal data breach to the supervisory authority indicated in clause VII. If we conclude that the personal data breach is likely to result in a high risk to your rights and freedoms, we communicate the personal data breach to you within not later than 72 hours.

We kindly inform you that we have data protection regulations complying with the applicable laws and take measures which -according to the above - ensure the safe processing of your personal data in our organisational and technical systems.

 

The Privacy Policy in effect until 25. May 2018 is available here.