Terms and Conditions
We, The Optics Expert, have developed this Personal Data Protection Policy in pursuance of our responsibility concerning the processing of the personal data, which we collect from you or about you. For example, we collect your personal data upon conclusion of remote sale contract, as well as upon delivery of ordered goods or when you register and use our website for marketing and advertising purposes, profiling, participation in games, promotions and lotteries organized by us as well as for any other purposes, which are not forbidden by the law. As we are located within the European Union, we process your personal data in accordance with the effective European law and other data protection regulations.
This Personal data protection policy refers to the General Terms and Conditions of The Optics Expert but is not a part thereof. It aims to explain to users what kind of personal data we process in compliance with the Regulation and in connection with the performance of our mutual obligations, and why and how we process them including when we have to disclose personal data to third persons. Also, it provides information about the rights, which you, our clients and users, have in connection with the personal data processing by The Optics Expert.
This personal data protection policy applies to the personal data, which The Optics Expert collects and processes in connection with the products provided by the company. It does not apply when the users visit the website of The Optics Expert without registration. In such a case personal data processing and collection shall be carried out according to the policy for cookies.
Regulation – General Data Protection Regulation 2016/679 of 27 April 2016, replacing Directive 95/46 / EC on data protection. It has direct action and requires amendment of the law of the member states in the field of personal data protection. Its purpose is to protect the “rights and freedoms” of the natural persons and to guarantee that the personal data are not processed without their knowledge and, if possible, are processed with their consent.
Personal data means any information related 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. Special categories of personal data include personal data disclosing racial or ethnic origin, political views, religious or philosophic beliefs or membership to trade unions data, processing of genetic data, biometric data for the only purpose of identification of a natural person, data about health status or data regarding sexual life or sexual orientation of the natural person.
Personal data 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, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction;
Data controller means any 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; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member ally law.
Data subject – any natural person who is subject of the personal data stored by the Controller.
Consent of the data subject means any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her;
Child – the General Regulation determines as a child every person less than 16 years old although it may be reduced to 13 years by the law of the member state. The personal data processing of a child is lawful only if a parent or a custodian has given his/her consent. In such cases the controller shall make reasonable efforts to check whether or not the holder of the parental responsibility about the child has given or is authorized to give consent.
Profiling – any form of automated personal data processing, expressed in using personal data to evaluate certain personal aspects related to the natural person and, more specifically analyzing and predicting aspects regarding the completion of professional tasks of this natural person, his/her economic standing, health, personal preferences, interests, reliability, behavior, location or movement;
Breach of personal data security means a breach of security, which leads to accidental or unlawful destruction, loss, change, unauthorized disclosure or access to personal data, which are transferred, stored or otherwise processed;
Permanent establishment – the head office of the controller in the EU will be the place where it shall make key decisions for the purpose and the means of its activities for data processing. With regard to personal data processor, its permanent establishment in the EU will be its administrative centre.
Recipient means a natural or legal person, public authority, agency, or other structure to which personal data is disclosed, regardless of whether it is a third party or not. At the same time, public authorities that can receive personal data in the frames of specific investigation in accordance with the right of the Union or the right of a member state, are not recipients; the processing of such data from the public authorities corresponds to the applicable rules for data protection according to the aims of processing;
Third party means a physical or legal person, public authority, agency or other authority different from the data subject, controller, personal data processors and individuals who under the direct management of the controller or the personal data processor have the right to process personal data;
WHAT PERSONAL DATA DO WE PROCESS
Identification data (full name, permanent address)
Traffic data or summarized data for use;
Data provided upon conclusion of a contract;
Data about orders, their performance, contractual obligations;
Data about communication with clients or users (email, telephone number)
When we process your basic personal data and the specified other data for the purpose of provision of products, their payment, completing your orders for purchase of goods as well as for the purpose of performing our statutory obligations, such processing is mandatory in pursuance of these objectives. We will not be able to provide the relevant services without this data.
If you don’t provide identity data, we could not conclude with you contract for our products.
HOW DO WE PROCESS YOUR PERSONAL DATA
Subject to your consent
In some cases we process your personal data only subject to your consent in writing. The consent is a separate ground for personal data processing and its purpose is indicated therein.
The provided consent can be withdrawn at any time. Withdrawal of your consent will not affect the performance of the contractual obligations of The Optics Expert. If you withdraw your consent for personal data processing regarding any and all methods laid down therein, The Optics Expert will not use your personal data and information for the above purpose. Withdrawal of the consent does not affect the lawfulness of processing based on the consent given before the withdrawal.
We have a big portfolio of products we offer. When you give your consent for data processing, such consent refers to all products that you have purchased. To withdraw this consent, you have to use our website or simply our contact details.
With a view to our legitimate interest
These are the objectives related to the legal interests of The Optics Expert and/or third persons. These objectives include:
Ensuring the normal operation and use of the Website by you and by other users, maintenance and administration of the Services, resolution of disputes, identification and prevention of malicious actions;
Identification and resolution of technical issues related to functionality, development and improvement of the Services.
Communication with you, including by electronic means on important issues connected with the Services.
Acceptance and processing of received warnings, complaints, requests and other communications; Exercising and protection of the rights and the legal interests of The Optics Expert, including through the court, and providing assistance for the exercise and protection of the rights and the legal interests of other users of the website and/or the affected third parties.
For that purpose we need to process a part of or all of the above specified categories.
LETTER OF CONSENT
The Optics Expert considers that ‘Consent’ of the data subject means any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her; The data subject may withdraw its consent at any time.
The Optics Expert considers consent only the case when the data subject has been informed about the scheduled processing and has given his/her free consent without coercion. The consent given under pressure or on the basis of misleading information will not be a valid ground for personal data processing.
As regards any special categories of data The Optics Expert will ask for data subjects’ explicit consent in writing unless there is alternative legal ground for such processing. In most cases the consent for processing of personal and special categories of data is obtained by The Optics Expert on a routine basis by using standard consent documents – for example in case of new contract with a customer, in the course of recruitment of new staff, etc.
The Optics Expert does not collect or process personal data for children under the age of 16 except with the consent of a parent according to the applicable local legislation. If we are aware that personal data of a child have been collected accidentally, we will promptly delete such data.
RIGHTS OF DATA SUBJECTS
You, as a data subject, will have the following rights regarding data processing, as well as regarding data recorded in that respect:
To make requests for confirmation whether or not personal data related to you are processed and if so, to get access to the data, as well as information who are the recipients of these data.
To request from the controller copies of your personal data;
To request from the controller rectification of personal data which are incorrect or out-of-date;
To request from the controller to delete your personal data (the right to “be forgotten”);
To request from the controller to restrict data processing and in such case data will only be stored but will not be processed;
To object to your personal data processing;
To object to personal data processing referring to your goals for the purpose of the direct marketing. To file a complaint to a supervisory authority if you consider that any provisions of the GDPR are violated;
To request that the personal data are provided to you in a structured, widely used and machine readable format;
To withdraw your consent for personal data processing at any time with a separate request submitted to the controller;
Not to be subject to automated decisions, which concern you significantly, without opportunity for human intervention;
To object to automated profiling which happens without your consent;
The Optics Expert ensures all conditions that guarantee the exercise of the data subject’s rights. Data subjects may submit requests for access to data, are entitled to file complaints to The Optics Expert connected with personal data processing, processing of requests from the data subject and filing complaints by the data subjects concerning the method of complaint processing.
The request to exercise the rights of the data subjects may be submitted in the following way:
By electronic means to the following email address firstname.lastname@example.org:
The request to exercise your personal data must contain correct information about:
Full name – in order to be able to identify you;
Address, telephone number, email – in order to be able to contact you and to provide you with high quality service;
Request description – in order to know which right are you willing to exercise;
The Optics Expert provides information on the measures undertaken as to to the request to exercise the data subjects’ rights within one month upon receipt of the request. This term may be extended by two months, if need be, considering the complexity and the number of the requests by a specific person. The Optics Expert will inform you about such extension within one month upon receipt of the request and will specify the reasons for the delay.
The Optics Expert is not required to reply to a request if it is not able to identify the data subject, the description of the request is not specified or it is not sent as laid down in this Policy.
The Optics Expert may request the provision of additional information required for confirmation of the identity of the data subject, if there are reasonable suspicions as to the identity of the natural person that sends the request.
When the request is send by electronic means, the information is provided electronically as far as possible, unless the data subject has required otherwise.
The Optics Expert is responsible for data security. We apply the appropriate and required level of protection and therefore we have developed efficient physical, electronic and administrative procedures to protect the data, which we collect, from accidental or unlawful destruction, loss, change, unauthorized disclosure or access to delivered, stored or otherwise processed personal data. Our policy and the related data security procedures meet the international standards and are duly reviewed and updated as necessary in order to meet our business needs, technological changes and regulatory requirements. Access to your personal data is authorized only to those employees, service providers or persons related to The Optics Expert on an as-need basis for official purpose or to those who need it to perform their job duties.
It is a principle of our organization that all employees are responsible to guarantee the security of data storage they are in charge of and which The Optics Expert keeps, as well as that the data are stored securely and are not disclosed under any circumstances to third parties unless The Optics Expert has granted such rights to such third party based on execution of confidentiality agreement/clause. In this regard all personal data are accessible only to those who need them and the access may be granted only in compliance with the established access control rules. All personal data are treated with the highest security and are stored:
In individual room with access control; and/ or
In a closed cabinet, which is accessible only to the authorized persons; and/or
On a computerized system protected with password in compliance with the internal requirements, specified in the organizational and technical measures for access control; and or
Electronic media, which are protected in compliance with the organizational and technical measures for control of access to information.
The Optics Expert has implemented measures to guarantee that the computer screens and terminals are not seen by any person except by the authorized employees of The Optics Expert. All employees must be trained and must agree with the relevant contractual clauses/declarations/rules for observance of the organizational and technical measures for access before they are granted access to any kind of information. Personal data shall be deleted or destructed only in compliance with the internal procedures for data storage and destruction.
In case of leakage containing personal data, The Optics Expert will follow and observe all applicable rules for notification in such cases.
PERSONAL DATA RETENTION
Generally, The Optics Expert retains your personal data as long as it is necessary to achieve the objectives laid down in this Personal data protection policy or to abide by the requirements of the law. We will delete the personal data that we have collected for you if they are not required any more for the objectives for which they were initially collected. However, we may need to retain your personal data for a longer period due to statutory provisions, for example:
1 (one) year after contract termination or until final settlement of all financial issues and expiration of the statutory obligations for data retention such as obligations under the Electronic Communications Act and the Electronic Documents and Electronic Certification Services Act;
11 (eleven) years under the Accounting Act for retention and processing of accounting data;
5 (five) years according to the Contracts and Obligations Act (periods of limitation for filing claims); 5 (five) years for obligations to provide information to a court, competent government authorities and other grounds set forth in the effective law.
Please note that we will not delete or anonymize your personal data if they are needed for any pending court, administrative, arbitration, execution proceedings or proceedings for consideration of your complaint.
PROVISION OF INFORMATION
The Optics Expert shall not provide your personal data to third persons in any way whatsoever other than that described in this Policy and the provisions of the law. In specific cases, however, if need be, specific data will be sent to persons outside EU/EEC in compliance with the requirements of the effective law and the provisions of this Personal data policy, for example:
When a competent public or court authority requests disclosure of your personal data in due course; When there is a decision of the Personal Data Protection Commission or the European Commission stating that the relevant country provides adequate level of personal data protection;
When an agreement is made with the organization to which personal data are sent, containing the standard data protection clauses approved by the European Commission by Decision No 2010/87/EU;
When data need to be transferred to a US organization, the transfer will be effectuated subject to an executed Privacy Shield Framework Agreement with the US Department of Commerce. The US Department of Commerce is responsible for the management and the administration of Privacy Shield and guarantees that the companies respect their commitments.
If need be, we engage, within data processing agreements, other companies and persons to carry out on our behalf specific tasks in addition to our services.
Change of ownership of – in case of merger, acquisition or sale of assets affecting the personal data processing, you will be notified in advance;
When we have obtained your explicit consent for transfer.
Policy of Cookies
This policy of cookies refers to the General Terms and Conditions of The Optics Expert but is not a part thereof. It does not stipulate rights and obligations but aims to explain to the users the types of technologies, which we use, their function and your choice with regard to their use.
What are the cookies?
To identify you when you enter your online shop and to guarantee that this is valid and optimized for you and that the safety standards are observed.
Not to forget products that you have added to your cart.
To allow the website to display correctly the product availabilities, which you may add to the list of purchases in the cart;
For data analysis, for example analysis of the visits to our website.
We use the following types of cookies:
These cookies are strictly necessary for the website to carry out its functions and are stored as a file on your computer or mobile device for a long period of time. We use these cookies to establish the authenticity of our users when they use the website so that we may provide our services or may observe our Conditions of use and maintain the security of our services.
These cookies are stored temporarily on your computer or device within your visit in our website and then are deleted. We may use session cookies, for example:
To allow you navigate between individual pages of our website without need to log-in again;
To identify you, when you come back on our site to use our services;
We use some third party cookies as a part of our services. These cookies are managed by the relevant websites and are out of our control. Please find below the third party cookies, which we use; some of them can be disabled from the general settings of your browser. For others, you have to visit the relevant websites and follow the relevant instructions.
We use Doubleclick.net – for remarketing and display advertisements of Google;
We use Facebook – it helps us tracing users’ activities once they see and open an advertisement in Facebook. This allows tracking the efficiency of the advertisements in Facebook and collecting data for statistical purposes. Data collected in this way are anonymous for us, we do not receive information about user’s identity. Nevertheless, data from Facebook are stored and processed so that we are able to make a connection with the relevant user profile and Facebook may use the information for its own advertising purposes in compliance with the data use policy of Facebook.
We use Google Analytics of Google – to generate statistics about traffic on the website and sources of traffic.
We use MailerLite of mailerlite.com – to provide an opportunity to unregistered users to subscribe to our free-of-charge newsletters.
We use Yandex.ru – to generate information about orders, visits, showing advertisements.
We use moseflow and hotjar – for anonymous tracking of client’s behavior.
We use contactpigeon – for subscription for newsletter , remarketing and retargeting of clients
If you are concerned about advertising cookies to third parties generated by advertisers, you may disable them from here:
The Optics Expert guarantees the protection of your personal data against loss, destruction, falsification, manipulation, unauthorized access and unauthorized disclosure.
You can choose on your own whether or not to accept cookies. If you want to know when your computer gets a cookie, you may set your browser so that it notifies you about that. Thus you can accept or refuse a cookie. Your computer can be set to reject all cookies.
Please note that changes in your browser which disable the cookies will prevent the correct operation of a part of our website, including the log-in functions.