Privacy Policy and Personal Data Protection

Updated: December 7, 2020

PRIVACY POLICY

At EKWB d.o.o. (“We”, “EKWB”, or “Controller”) we take privacy seriously.

By using www.ekwb.com, ekfluidgaming.com, b2b.ekwb.com, or ekcoolingsolutions.com (“Site” or collectively, “Sites”) you also agree to our Privacy Policy. If you don’t agree with this Privacy Policy, we may not be able to provide you our Services and Products offered on our Sites.

DEFINITIONS

Our Privacy Policy is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (“GDPR”), the Council of Europe Conventions and terms used in national legislation. Our Privacy Policy should be legible and understandable for the general public, as well as our customers and business partners. To ensure this, we would like to begin by explaining the used terminology.

“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.

“Data Subject” is any identified or identifiable natural person, whose Personal Data is processed by the controller responsible for the processing.

“Processing” is 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.

“Restriction of processing” is the marking of stored Personal Data with the aim of limiting their processing in the future.

“Profiling” means any form of automated processing of Personal Data consisting of the use of Personal Data to evaluate certain personal aspects relating to a natural person, in particular to analyze or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location or movements.

“Automated decision making” is when a decision is made which is based solely on an automated processing (including profiling) which produces legal effects or significantly affects individual.

“Pseudonymization” is the processing of Personal Data in such a manner that the Personal Data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organizational measures to ensure that the Personal Data are not attributed to an identified or identifiable natural person.

“Controller” is responsible for the processing is 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; where the purposes and means of such processing are determined by Union law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.

“Processor” is a natural or legal person, public authority, agency, or other body which processes Personal Data on behalf of the controller.

“Recipient” is a natural or legal person, public authority, agency or another body, to which the Personal Data are disclosed, whether a third party or not. However, public authorities which may receive Personal Data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing.

“Third party” is 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 authorized to process Personal Data.

Consent of the data subject is 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.

NAME AND ADDRESS OF THE CONTROLLER AND PROCESSOR

Controller is EKWB, podjetje za razvoj in proizvodnjo izdelkov za vodno hlajenje računalnikov d.o.o., Pod Lipami 18, 1218 Komenda, Slovenija ID for VAT SI30449383. Additional information about EKWB is available on our Sites. Our authorized Data Protection Officer can be reached at [email protected].

WHAT PERSONAL INFORMATION DOES EKWB COLLECT

We are the sole owner of the information and Personal Data collected on our Sites. We will not sell, share, or rent this data to any outside parties, except as outlined in this Privacy Policy. We collect information from our users at several different points on our Sites, mostly to process orders and better serve you with pertinent information, but also for all the purposes that are listed below in the chapter.

WHY DO WE COLLECT YOUR PERSONAL DATA?

We collect both Personal Data and non-personal information that you provide to us, including Personal Data that may be contained in any video, comment, or other submissions you upload or post to the Services.

We collect Personal Data:

You provide to purchase or pre-order Products and Services;

You provide when you sign up (sign in) to use Products and Services

You provide when you register for contests and prize acceptance;

You provide when you subscribe to our newsletter and other services;

You allow us to connect from other social media services;

You allow us to collect from your use of certain features;

We get from using Products and Services;

We get from communicating directly with you and you voluntarily share; and

We get from cookies and other tools.

We may also ask for “non-personal information,” i.e., information that, alone, cannot be used to identify or contact you. You may be asked to submit non-personal information with personal information or separately.

When you use our Services that are connected to the internet, including when you access the Services via PC, mobile, APPs, we may collect certain information as described in the sections below, for such purposes as improvement of our products and software services, troubleshooting bugs, providing the Services, managing the Services, tracking usage, providing content for referring traffic sources and improving overall performance of the Services. Such information may include profile information, aggregate user data, preferences, technical session information, browser type, information about your computer, hardware, software, or mobile device, including a device identifier, demographic information including gender, zip code and age, and navigational data including log files, server logs, clickstream data, and other data such as your location, where enabled, and language preference. User IP addresses are recorded for security and monitoring purposes. If you arrive at our Site via a link from another webpage, we may receive aggregate or otherwise anonymous statistical information about your visit to the site. We monitor customer traffic patterns and site usage to help develop the design and layout of the site, and to improve the content of our Sites. We may combine this automatically collected and other non-personal information with Personal Data, in which case we will treat the combined information as Personal Data under this Privacy Policy.

WHY DO WE COLLECT YOUR PERSONAL DATA?

In general, the Personal Data you provide helps us to communicate with you. For example, we use Personal Data to contact users in response to questions, solicit feedback from users, provide technical support, deliver Products and Services, and inform users about promotional offers. We collect the data that is needed to conclude the purchase, such as name and surname, shipping address, billing address, telephone numbers, e-mail address, and payment information (such as credit card number, validity of the credit card, name and surname and the address of the credit card owner. To create an Account, we require you to submit a user name and a password of your choice for future access to your Account with your information. We will send you a confirmation email to confirm you have provided us with to verify your username and password. Your user name and password are to remain confidential and you should not share this information with anyone. We will keep the data in accordance with internal acts and the legislation. We furthermore collect your Personal Data in order to analyze the client database, their interest in products that we offer, etc. all in order to provide you with the best user experience possible.

On the basis of individual’s explicit voluntary consent, we also process Personal Data for the purpose of direct marketing, sampling, segmenting, surveying, statistical data processing, market research, for determination of the use of Products and Services, for adapting the range of Products and Services for individuals and for carrying out games awarding prize. For this purpose, we process Personal Data (for example, but not exclusively first and last name, e-mail, address, telephone number) to prepare personalized offers, marketing campaigns and information for individuals and costumers, who explicitly consented to this kind of processing of Personal Data. You have the option to opt out of above-mentioned processing in this paragraph in accordance with our Privacy Policy.

Those who win a prize in our contests may be required to provide their social security number and other identification for tax purposes, which will only be used for prize fulfillment purposes.

If you have entrusted us with your e-mail address for the purpose of receiving notifications about useful information, news or the promotion of Products and Services at any time by 25 May 2018, we are sending a special electronic notification, where we ask you to give us your re-permission to process (use) your e-mail address for the purpose of receiving electronic notifications about useful information, news or the promotion of our Products and Services. Re-permission is required under the General Data Protection Regulation (GDPR), which takes effect on 25 May 2018.

We may also use Personal Data for providing the Products and Services, including:

Orders – If you place an order, we will use your first and last name and email address to send you an order confirmation email, a shipping confirmation email, credit card details (for example without limitation: name and surname of the card holder, address of the card holder, the validity of the card etc.) and customer satisfaction inquiry emails which are not compulsory. If you do not wish to fill in or receive customer satisfaction emails, you may opt-out of such emails upon receipt by clicking “Unsubscribe” link contained in the email. Please take a look at Terms of Use for order process. For this purpose, we use the before-mentioned Personal Data and all other data that you voluntarily share or provide to us.

Customer Service – Based upon the Personal Data you provide at the time of Account registration, purchase or by contacting our customer support. We also communicate with you in response to your inquiries, to provide the Products and Services you request, and to manage your Account if needed. We will communicate with you by email or telephone, in accordance with your preferences. For this purpose, we use the following Personal Data: Full name, Address, Phone number, email and order ID.

Newsletters, Special Offers and Updates – We will occasionally send you information on Products, services, special promotions, contests, events, and opportunities to interact with us and our community. You can sign up to receive these emails from us on our newsletter sign up and/or during checkout while purchasing a Product in/or your Account in/or through our Facebook profile. You have the option NOT to receive these types of communications. Please see “Choice and Opt-out” section below for more details on how to unsubscribe or opt-out of such communications from us. We may use Personal Data that you provide us, to send you updates and for other promotional communications.

Automated Decision Making and Profiling – On the basis of individual’s explicit voluntary consent we process Personal Data for automated decision making and profiling. Automated decision making refers to a decision which is taken solely on the basis of automated processing of your Personal Data. This means processing using, for example, software code or an algorithm, which does not require human intervention. As profiling uses automated processing, it is sometimes connected with automated decision making. Not all profiling results in automated decision making, but it can do. We only collect the minimum amount of data needed and we have a clear retention policy for profiles we create. We have additional checks in place for our profiling/automated decision-making system to protect any vulnerable groups (including children). If a decision is to be solely based on automated processing (including profiling), then we will inform you of your right to object and about the logic involved in automated decision making or profiling, the significance and envisaged consequences. You will have the right to request human intervention and express your point of view or challenge the decision. Suitable measures will be put in place to safeguard your rights and freedoms and legitimate interest.

WITH WHOM DO WE SHARE YOUR PERSONAL DATA WITH?

Information about our customers is important to us and we are not in the business of selling this information to others. We share customer information only as set forth in this Privacy Policy and with subsidiaries and carefully selected business partners that we either control or are our external contractors and that are either subject to this Privacy Policy or that follow practices that are at least as restrictive as those described in this Privacy Policy.

1. Service Providers. We use other third-party service providers to offer or facilitate Services on our behalf. These Services may include, among other things, helping us to provide Services that you request, create or maintain our databases, to research and analyze the people who request Products, services or information from us, taking care of the shipment of Products to you, of communication or helping us respond to inquiries and send out emails on our behalf. When you order Products, we will share your Personal Data as necessary for such third-party Service providers to provide the applicable Service to EKWB or on our behalf.

For this purpose, we share your Personal Data with third parties as follows:

(a)  The processor of your Personal Data for direct marketing, to process (use) your e-mail address (Personal Data) for the purpose of electronically notifying you about useful information, news, and the promotion is the company UAB MailerLite whom we transfer your Personal Data and who processes your Personal Data on our behalf, in accordance with their privacy policy and terms of service. We do not forward the e-mail addresses of our clients in relation to direct marketing to any third parties or outside of the European Union, except to the MailerLite company.

(b)  The processor of your Personal Data who provides payment services are Splitit, Braintree and PayPal who process your Personal Data in accordance with their privacy policy and terms.

(c) The processor of your Personal Data who fulfils workstation Product configuration orders is Xenowulf who processes your Personal Data in accordance with their privacy policy and terms.

These third parties are prohibited from using your Personal Data for promotional purposes or any other purpose but to provide their primary service.

2. Partner Companies. Upon your agreement we will share your Personal Data with the third parties such as:

(a)  Companies so that they can send you offers and promotions about their products and services; and

(b)  Platforms or applications, for example social networking sites, such as Facebook and with websites operated by third parties.

We share the following Personal Data: Full name, order details, address.

3. Law Enforcement. We may report to law enforcement agencies any activities that we reasonably believe to be unlawful, or that we reasonably believe may aid a law enforcement investigation into unlawful activity. In addition, we reserve the right to release your information to law enforcement agencies if we determine, in our sole judgment, that either you have violated our policies, or the release of your information may protect the rights, property, or safety of EKWB or another person. We will disclose information that that law enforcement agencies require in particular case to be disclosed.

4. Legal Process. We may share your Personal Data with others as required by, or permitted by, law. This may include sharing your information with government entities, or third parties in response to subpoenas, court orders, other legal process, or as we believe is necessary to exercise our legal rights, to defend against legal claims that have been brought against us, or to defend against possible legal claims that we determine in our sole discretion might be brought against us. We will share Personal Data with above-mentioned entities based on judgments of courts or tribunals or decisions of administrative authorities or another binding act. We will disclose Personal Data that the above-mentioned to us, the information you submit may be available generally to the public. Personal entities require in particular case to be disclosed.

5. Blogs and other Online Postings. We may decide to allow users to share comments, postings, testimonials, or other information. If you choose to submit such information data that you provide in these areas may be read, collected, and used by others who access them. Exclusive responsibility for credibility of Personal Data and contact information lies in you. 

You may at any time revoke the authorization for the processing of Personal Data.

TRANSFER OF PERSONAL DATA 

Your information, including Personal Data, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.

We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of your Personal Data.

Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

For the purpose of forwarding emails, campaigns, for monitoring performance of campaign and related management of recipient database we use the UAB MailerLite; J. Basanavičiaus g. 15, Vilnius, Lithuania for which we have a data processing contract in accordance with GDPR requirements. In conformity with the service, Personal Data is transferred and stored in the EU.

THIRD COUNTRIES

We do not transmit your Personal Data to third countries. If your Personal Data is, has, or will be transmitted to other third countries we will notify you.

HOW DO WE KEEP YOUR PERSONAL DATA SECURE?

We take appropriate security measures to protect against unauthorized access to or unauthorized alteration, disclosure, or destruction of data. These include internal reviews of data collection, storage and processing practices, and security measures, as well as physical security measures to guard against unauthorized access to systems where we store Personal Data. We restrict access to Personal Data to our employees, service providers, and agents who need to know such information in order to operate, develop, or improve our Products and Services. These individuals are bound by confidentiality obligations and may be subject to discipline, including termination and criminal prosecution, if they fail to meet these obligations. We use secure socket layer (“SSL”) technology to encrypt and protect the security of your Personal Data, including but not limited to your credit card number, when it is sent over the Internet. Therefore, while we strive to protect your Personal Data, we cannot guarantee its absolute security. We are not responsible for the functionality, privacy or security measures of any other organization.

COOKIES AND TRACKING TECHNOLOGY

Our Sites use cookies and other identifiers for various reasons including to personalize content and ads, to provide social media features and to analyze our traffic. We also share information about your use of our site with our social media, advertising and analytics partners. By continuing to use our Sites you agree to our Cookie Policy.

On our Sites we use the Google AdWords remarketing service to advertise on third party websites (including Google) to previous visitors of our Sites. This could be in the form of an advertisement on the Google search results page, or a site in the Google Display Network. Third-party vendors, including Google, use cookies to serve ads based on someone’s past visits to our Sites. Of course, any data collected will be used in accordance with our Privacy Policy and Google’s privacy policy.

You can opt out of Google’s use of cookies by visiting Google’s Ads Settings. Alternatively, you can opt out of a third-party vendor’s use of cookies by visiting the Network Advertising Initiative opt-out page. By using our Sites, you represent that you are eligible to use our Sites and services as our TOU requires.

DATA RETENTION

We will retain your Personal Data only for as long as is necessary to provide you with Products and Services in accordance with applicable law and for the purposes set out in this Privacy Policy. We may store information longer, but only in a way that it cannot be tracked back to you. We will retain and use your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

We will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer time periods.

Traffic information is erased or made anonymous when it is no longer needed for the purpose of the transmission or, in the case of payable services, up to the end of the period during which the bill may lawfully be challenged or payment pursued. Location information is stored to the extent and for the duration necessary for the provision of a VAT. Cookies, direct marketing, and provision of value-added Services information (including traffic information used for these purposes) is stored as long as the same is necessary for the provision of these activities, or up to the time when a user opts out from such use in accordance with this Privacy Policy. This section shall not prevent any technical storage or access to information for the sole purpose of carrying out the transmission of a communication or as strictly necessary in order for us to provide the Products and Services you requested.

When information is no longer needed, we shall delete it using reasonable measures to protect the information from unauthorized access or use.

VIOLATION OF PRIVACY POLICY

You agree to indemnify EKWB, our partners, officers, agents and others related to EKWB for any claim from third party that could arise from your use of our Sites or your violation of this Privacy Policy.

You agree to indemnify, defend, and hold harmless EKWB, our officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use Products and Services, any user postings made by you, your violation of any terms of this Privacy Policy or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations.

We reserve the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you can cooperate with us in asserting any available defenses.

CHILDREN'S PRIVACY

We are committed to protecting the online privacy of children and making the internet safe. We do not provide Products and Services to children, or knowingly collect or solicit Personal Data from children under sixteen (16) years of age. Any communication we get that is identified as being from a child sixteen (16) will not be kept by us. We encourage parents or guardians of children sixteen (16) to regularly check and monitor their children’s use of email and other activities online.

If you are a parent or guardian, and you are aware that your child has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.

PERSONAL DATA PROTECTION

Withdrawal of e-notification consent

At any time, you can withdraw your consent to receive e-notifications for the purpose of notifications about useful information, news and for promotion of Products and Services and consent to direct marketing, free of charge, by:

-    Clicking on “unsubscribe”, which will be in each of the notifications about EKWB d.o.o. news, promotions of Products and Services,

-    Sending a notification about your withdrawal or notification about your objection to the processing of Personal Data for direct marketing to the [email protected].

-    Requesting in person at the registered office of the controller.

Your withdrawal of consent does not affect the legality of the processing of your Personal Data in the period from when you gave consent (when you entered your e-mail address into the form for receiving e-News or when you confirmed your subscription to e-News as our client) to when you withdrew your consent.

After receiving your withdrawal of consent, we will stop processing your Personal Data (e-mail address) and will delete it. We will let you know that your withdrawal was taken into account. On the basis of the filed objection regarding direct marketing we will immediately, and no later than within 15 days, permanently cease processing your e-mail address for the purpose of direct marketing and notify you about this. We will no longer send you notifications about useful information, news and the promotion of Products and Services.

Information on the rights of individuals whose data we process

In relation to your Personal Data that we process, you have the right:

-    To withdraw consent to processing of your Personal Data at any time. If you only wish to update your Personal Data, you can do that in your Account.

-    To obtain confirmation whether we process your Personal Data;

-    To access: to request confirmation whether we process your Personal Data relating to you, and if so, to request a copy of that Personal Data, to ask about purposes of processing, categories of Personal Data concerned, whether Personal Data is transferred to a third country or international organization etc.;

-    To rectification: to request that we rectify or update any Personal Data that is inaccurate, incomplete, or outdated;

-    To erasure (Right to be forgotten): to request that we erase your Personal Data in certain circumstances, such as when the processing of Personal Data is no longer necessary in relation to the purposes for which it was collected or otherwise processed or where we collected Personal Data on the basis of your consent and you withdraw your consent etc.;

-    Of restriction of processing: to request that we restrict the use of your Personal Data in certain circumstances, such as when accuracy of the Personal Data is contested by you;

-    To data portability: to request that we provide a copy of your Personal Data to you in structured, commonly used and machine-readable format in certain circumstances and you have the right to transmit that Personal Data to another controller in certain circumstances;

-    To object at any time to processing of Personal Data for our legitimate interest, to direct marketing and profiling connected with direct marketing;

-    To state that the decision based solely on the automated processing of your Personal Data, including the creating of profiles, that has legal effects relating to you or significantly affects you in a similar way, does not apply to you. If the decision (1) is necessary for entering into, or the performance of, a contract between the you and EKWB, or (2) it is based on your explicit consent, we shall implement suitable measures to safeguard your rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of EKWB, to express his or her point of view and contest the decision;

-    To appeal, independent of the above stated rights, to a supervisory authority if you believe that processing of your Personal Data violates the data protection regulations. You may file a complaint to the competent state authority: Information Commissioner, Dunajska 22, 1000 Ljubljana, e-mail address: [email protected], phone: 00386 1 230 97 30, website: www.ip-rs.si.

For all stated rights, you may, at any time, contact us:

-    at [email protected].

-    by regular post to the address EKWB D.O.O., Poslovna cona Žeje pri Komendi, Pod lipami 18, 1218 Komenda, Slovenia – EU or

-    in person at the registered office of the controller at Poslovna cona Žeje pri Komendi, Pod lipami 18, 1218 Komenda, Slovenia – EU

We shall promptly ensure that the request is complied with immediately, but no later than in one (1) month. You will receive requested Personal Data in a structured, machine-readable and generally applicable way. First copy of your Personal Data in electronic or hard is free of charge, each additional copy we may charge a fee to cover cost of preparing the copy.

UPDATES TO THIS PRIVACY POLICY

We reserve the right to modify this Privacy Policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on our Sites.

If you access Products and Services from a location outside the EU, we are not responsible for compliance with all local laws, restrictions, or regulations.