Privacy Policy

Privacy Policy regarding the processing of personal data

BOGAS ensures the right to personal data protection as a fundamental commitment, therefore we will dedicate all resources to process your data in full compliance with Regulation (EU) 2016/679 (“General Data Protection Regulation” or “GDPR”), as well as any other applicable legislation in Romania. Since one of the essential principles of this legal framework is transparency, we have prepared this document to inform you about how we collect, use, transfer, and protect your personal data when you interact with us regarding our products and services, including through our website or mobile applications.

We reserve the right to periodically update and modify this Privacy Policy to reflect any changes in how we process your personal data or any changes in legal requirements. In the event of any such changes, we will display the modified version of the Privacy Policy on our website, which is why we kindly ask you to periodically check the content of this Privacy Policy.

Who we are and how you can contact us

BOGAS is the trade name of BOGAS SHOP SA., a legal entity of Romanian nationality, with its registered office in Ilfov, Voluntari, Bd-ul Pipera no. 1/VI, Hyperion Towers, Tower 1, 3rd floor, office 3, room 2, with registration number in the Trade Register J2015002145408, unique tax registration code RO34142212 (hereinafter referred to as “BOGAS” or “we“). For the purposes of data protection legislation, we are the controller when processing your personal data.

Since we are always open to hearing your opinions, as well as providing you with any additional information you may need regarding the processing of your data, we encourage you to contact our Data Protection Officer at the email address data.protection@bogas.ro

What categories of personal data we process

In general, we collect your personal data directly from you, so you have control over the type of information you provide us. For example, we receive information from you as follows:

When you create a BOGAS account, you provide us with: email address, first and last name;

When you place an order/exchange products, you provide us with information such as: the desired product, your first and last name, delivery address, billing details, payment method, phone number, bank card details, etc.

When you make a return request, you provide us with information such as: your first and last name, the pickup address of the package, refund details, phone number, bank account

We may also collect and subsequently process certain information regarding your behavior during your visit to our website or use of the smartphone app, to personalize your online experience and provide you with offers tailored to your profile. We invite you to find out more details in this regard by consulting the section on processing purposes below.

On our website and in the smartphone app, we can store and collect information in cookies and similar technologies, according to the Cookie Policy.

We do not collect or otherwise process sensitive data, included by the General Data Protection Regulation in special categories of personal data. Also, we do not wish to collect or process data of minors under the age of 16.

What are the purposes and grounds for processing

We will use your personal data for the following purposes:

1. For providing BOGAS services for your benefit.

This general purpose may include, as applicable, the following:

a) Creating and managing the account within the BOGAS platform;

b) Processing orders, including receiving, validating, shipping, and invoicing them;

c) Resolving cancellations or any issues related to an order, the goods, or services purchased;

d) Returning products according to legal provisions;

e) Refunding the value of products according to legal provisions;

f) Providing support services, including responding to your questions regarding your orders or the goods and services of BOGAS or partners in the BOGAS Marketplace.

Processing your data for these purposes is in most cases necessary for the conclusion and execution of a contract between BOGAS and you. Additionally, certain processes related to these purposes are imposed by applicable legislation, including tax and accounting legislation.

2. For improving our services

We constantly strive to offer you the best online shopping experience. For this, we may collect and use certain information related to your Buyer behavior, invite you to complete satisfaction surveys following the completion of an order, or conduct, directly or with the help of partners, market studies and research.

We base these activities on our legitimate interest in conducting commercial activities, always ensuring that your fundamental rights and freedoms are not affected.

3. For marketing

We want to keep you updated on the best offers for the products/services that interest you. In this regard, we can send you any type of message (such as: email/SMS/phone/mobile push/web push/etc.) containing general and thematic information, information about similar or complementary products to those you have purchased, information about offers or promotions, information regarding products added to the "Account/My Cart" section or the "Account/Favorites" section or that you have shown interest in purchasing, as well as other commercial communications such as market research and opinion surveys, and we can display personalized recommendations on the website and in the smartphone app. To provide you with information of interest to you, we may use certain data regarding your shopping behavior (e.g., products viewed/added to wishlist/purchased) to create a profile for you. We always ensure that these processes are carried out respecting your rights and freedoms and that the decisions made based on them do not have legal effects on you and do not similarly affect you in a significant way.

In most cases, we base our marketing communications on your prior consent. You can change your mind and withdraw your consent at any time by:

– Accessing the unsubscribe link displayed in the messages you receive from us; or by

– Contacting BOGAS using the contact details described above.

In certain situations, we may base our marketing activities on our legitimate interest in promoting and developing our business activity. In any situation where we use information about you for our legitimate interest, we take care and take all necessary measures to ensure that your fundamental rights and freedoms are not affected. However, you can request at any time, through the means described above, to stop processing your personal data for marketing purposes, and we will comply with your request.

4. For defending our legitimate interests

There may be situations where we will use or transmit information to protect our rights and business activity. These may include:

– Measures for protecting the website and BOGAS platform users from cyber attacks:

– Measures for preventing and detecting fraud attempts, including transmitting information to competent public authorities;

– Measures for managing various other risks.

The general basis for these types of processing is our legitimate interest in defending our business activity, ensuring that all measures we take guarantee a balance between our interests and your fundamental rights and freedoms.

Also, in certain cases, we base our processing on legal provisions such as the obligation to ensure the security of goods and values as provided by the applicable legislation in this matter.

How long we keep your personal data

As a general rule, we will store your personal data as long as you have an account on the BOGAS platform. You can request at any time the deletion of certain information or the closure of the account, and we will comply with these requests, subject to retaining certain information even after the account is closed, in situations where applicable legislation or our legitimate interests require it.

To whom we transmit your personal data

Where applicable, we may transmit or provide access to certain personal data of yours to the following categories of recipients:

– to companies within the same group of companies as BOGAS;

– to BOGAS Marketplace partners;

– to courier service providers;

– to payment/banking service providers;

– to marketing/telemarketing service providers;

– to other companies with which we may develop joint programs for offering our goods and services on the market.

If we have a legal obligation or if it is necessary to defend a legitimate interest, we may also disclose certain personal data to public authorities.

We ensure that access to your data by third-party private legal entities is carried out in accordance with legal provisions regarding data protection and information confidentiality, based on contracts concluded with them.

To which countries do we transfer your personal data

Currently, we store and process your personal data on the territory of Romania.

However, we may transfer certain personal data of yours to entities located within the European Union or outside the Union, including to countries that the European Commission has not recognized as having an adequate level of personal data protection.

We will always take steps to ensure that any international transfer of personal data is managed carefully to protect your rights and interests. Transfers to service providers and other third parties will always be protected by contractual commitments and, where applicable, by other safeguards, such as the standard contractual clauses issued by the European Commission or certification schemes like the Privacy Shield for the protection of personal data transferred from within the EU to the United States of America.

You can contact us at any time, using the contact details provided above, to find out more information about the countries to which we transfer your data, as well as the safeguards we have implemented regarding these transfers.

How we protect the security of your personal data

We are committed to ensuring the security of personal data by implementing appropriate technical and organizational measures, in accordance with industry standards.

The transmission of your personal data is done using state-of-the-art encryption algorithms and we store them on secure servers, ensuring data redundancy at the same time.

For payments, we use the services of the payment processor Shopify Payments. Any payment information is encrypted using HTTPS technology with TSL 1.2 encryption.

Despite the measures taken to protect your personal data, we draw your attention to the fact that the transmission of information over the Internet, in general, or through other public networks, is not completely secure, and there is a risk that data may be seen and used by unauthorized third parties. We cannot be responsible for such vulnerabilities of systems that are not under our control.

What rights do you have

The General Data Protection Regulation recognizes a number of rights regarding your personal data. You can request access to your data, correct any mistakes in our files, and/or object to the processing of your personal data. You can also exercise your right to complain to the competent supervisory authority or to take legal action. Where applicable, you may also benefit from the right to request the deletion of your personal data, the right to restrict the processing of your data, and the right to data portability.

More information about each of these rights can be obtained by consulting the table presented below.

To exercise your rights, you can contact us using the contact details provided above. Please note the following if you wish to exercise these rights:

Identity. We take the privacy of all records containing personal data seriously. For this reason, please send us your requests regarding such records using the email address associated with your BOGAS account. Otherwise, we reserve the right to verify your identity by requesting additional information aimed at confirming your identity.

Fees. We will not charge a fee for you to exercise any right regarding your personal data, unless your request for information access is unfounded, repetitive, or excessive, in which case we will charge a reasonable amount under such circumstances. We will inform you of any applicable fees before processing your request.

Response time. We aim to respond to any valid requests within a maximum of one month, unless this is particularly complicated or if you have made multiple requests, in which case we will respond within a maximum of two months. We will notify you if we need more than a month. We may ask you to specify exactly what you want to receive or what concerns you. This will help us act faster and shorten the response time to your request.

Third-party rights. We are not required to comply with a request if it would adversely affect the rights and freedoms of other data subjects.

Targeted rights	Description
Access	You can ask us: · to confirm whether we are processing your personal data; · to provide you with a copy of these data; · to provide you with other information about your personal data, such as the data we have, what we use it for, to whom we disclose it, if we transfer it abroad and how we protect it, how long we keep it, what rights you have, how you can make a complaint, where we obtained your data from, to the extent that the information has not already been provided to you through this notice.
Rectification	You can ask us to rectify or complete your inaccurate or incomplete personal data. It is possible that we may try to verify the accuracy of the data before rectifying it.
Data deletion	You can ask us to delete your personal data, but only if: · they are no longer necessary for the purposes for which they were collected; or · you have withdrawn consent (where the processing was based on consent); or · you are exercising a legal right to object; or · they have been processed unlawfully; or · we have a legal obligation to do so. We are not obliged to comply with your request to delete your personal data if the processing of your personal data is necessary: · for compliance with a legal obligation; or · for the establishment, exercise, or defense of a legal claim. There are certain other circumstances where we are not obliged to comply with your request to delete data, although these two are the most likely circumstances in which we might refuse this request Please note that, before exercising this right, you should download from your BOGAS account and save all documents related to orders made from BOGAS, regardless of whether the billing was done to you or to another individual or legal entity (such as: invoices, warranty certificates). If you do not take this step before exercising your right to deletion, you will lose all these documents and BOGAS will be unable to provide them to you, if applicable, because the process of data deletion, including the BOGAS account with all its data and documents, is irreversible.
Restriction of data processing	You can ask us to restrict the processing of personal data, but only if: · their accuracy is contested (see the rectification section), to allow us to verify their accuracy; or · processing is unlawful, but you do not want the data to be erased; or · they are no longer necessary for the purposes for which they were collected, but you need them to establish, exercise, or defend a legal claim; or · you have exercised your right to object, and verification of whether our rights prevail is ongoing. We can continue to use your personal data following a restriction request if: · we have your consent; or · to establish, exercise, or defend a right in court; or · to protect the rights of BOGAS or another natural or legal person.
Data Portability	You can ask us to provide your personal data in a structured, commonly used, and machine-readable format, or you can request that it be "ported" directly to another data controller, but in each case only if: · processing is based on your consent or the conclusion or performance of a contract with you; and · processing is carried out by automated means.
Objection	You can object at any time, for reasons related to your particular situation, to the processing of your personal data based on our legitimate interest, if you believe that your fundamental rights and freedoms outweigh this interest. You can also object at any time to the processing of your data for direct marketing purposes (including profiling), without providing any reason, in which case we will cease this processing as soon as possible.
Automated Decision-Making	You can request not to be subject to a decision based solely on automated processing, but only when that decision: produces legal effects concerning you; or affects you in a similar and significant way. This right does not apply if the decision reached as a result of automated decision-making: is necessary for entering into or performing a contract with you; is authorized by law and there are adequate safeguards for your rights and freedoms; or is based on your explicit consent.
Complaints	You have the right to file a complaint with the supervisory authority regarding the processing of your personal data. In Romania, the contact details of the data protection supervisory authority are as follows: The National Authority for the Supervision of Personal Data Processing B-dul G-ral. Gheorghe Magheru no. 28-30, Sector 1, postal code 010336, Bucharest, Romania Phone: +40.318.059.211 or +40.318.059.212; E-mail:anspdcp@dataprotection.ro Without affecting your right to contact the supervisory authority at any time, please contact us first, and we promise to make every effort to resolve any issue amicably.

- We remind you that you can contact the BOGAS Data Protection Officer at any time by sending your request through any of the following methods:

– via email at the address: data.protection@bogas.ro BOGAS