All about data protection
Privacy Policy
1. About the Privacy Policy
The purpose of the BYERKO Privacy Policy (hereinafter: “Privacy Policy”) is to inform users of BYERKO’s services and other individuals (hereinafter also referred to as: “data subjects”) about the purposes and legal basis for the processing of personal data by BYERKO s.p. (hereinafter: “BYERKO”) and about the rights of individuals in this field.
BYERKO pays special attention to the security of your personal data. All provided personal data are treated as confidential and used solely for the purpose for which they were provided. We handle your personal data with the utmost care, in accordance with applicable legislation and the highest standards of data processing. The security of your personal data is ensured through appropriate organizational measures, work procedures, advanced technological solutions, and external experts, with the aim of providing the most effective protection of your personal data. We use an appropriate level of protection and reasonable physical, electronic, and administrative measures to protect the collected data from accidental or unlawful destruction, loss, alteration, unauthorized disclosure, or unauthorized access to personal data that have been transmitted, stored, or otherwise processed.
This Privacy Policy also explains the consent you have given for the processing of your personal data.
The Privacy Policy, in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 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 (hereinafter: “General Data Protection Regulation” or “GDPR”), includes the following information:
- contact information of BYERKO,
- purposes, legal bases, and types of processing of various types of personal data,
- retention periods for different types of personal data,
- rights of individuals regarding the processing of personal data,
- the right to lodge a complaint concerning the processing of personal data,
- validity of the Privacy Policy.
2. Personal Data Collected by BYERKO
If you are only a visitor to the BYERKO website, we collect your data only through the use of cookies. If you are a user of BYERKO services (e.g., a website, online store, etc.) or a subscriber to BYERKO services, we also collect other personal data required for the performance of the services you have ordered or are using. These personal data include:
- first and last name,
- contact email address,
- contact telephone number,
- IP address,
- billing information (your address, tax number).
3. Controller of Personal Data
The controller of personal data processed in accordance with this Privacy Policy is BYERKO s.p.
4. Categories of Individuals Whose Personal Data Are Processed
This Privacy Policy applies to all individuals who have ordered and/or use our services, as well as those who visit our website.
5. Purposes of Processing and Legal Bases for Data Processing
5.1. Processing Based on a Contract:
If you have ordered services offered by BYERKO (i.e., website development, website maintenance, purchase of various web solutions, etc.), personal data are collected and processed for the purpose of concluding the contract and exercising rights and fulfilling obligations arising from such a contractual relationship.
As part of exercising contractual rights and fulfilling contractual obligations, BYERKO processes your personal data for the following purposes: identification of the individual, preparation of an offer, conclusion of a contract, provision of ordered services, notification about possible changes, additional details, and instructions for using services, resolving possible technical issues, objections, or complaints, invoicing for services, and other purposes necessary for the execution or conclusion of the contractual relationship between BYERKO and the individual.
For invoicing purposes, and in accordance with tax regulations, we also collect and process your address to issue a correct invoice.
5.2. Processing Based on Law:
Based on legitimate interest, we use your personal data to detect and prevent fraudulent use and abuse of services, ensure stable and secure operation of our systems and services, implement information security measures, fulfill quality requirements of services, and detect technical failures of systems and services.
Based on legitimate interest, we also use your personal data for enforcement proceedings, judicial and extrajudicial debt collection.
In accordance with the GDPR, in the event of suspected abuse, BYERKO may, to an appropriate and proportionate extent, process data about individuals for the purpose of identifying and preventing possible fraud or abuse, and may, if appropriate, share such data with other service providers, business partners, the police, public prosecutors, or other competent authorities. To prevent future abuses or fraud, data on the history of identified abuses or fraud related to an individual, such as data on the contractual relationship and, for example, the IP address, may be stored for up to five years after the termination of the business relationship.
5.3. Processing Based on Consent:
Data processing may also be based on your consent given to BYERKO.
Consent may relate, for example, to receiving notifications about offers, benefits, and improvements of services provided by BYERKO. The purpose of such notifications is to tailor the services as closely as possible to your needs and wishes, thereby increasing their value for you. Notifications are sent through the channels you selected in the consent. You may withdraw your consent at any time, as specified in the Privacy Policy.
You may withdraw or change your consent at any time in the same manner you gave it or in another manner specified in the Privacy Policy, whereby BYERKO reserves the right to verify the identity of the customer. You can also change your consent by sending an email to info@byerko.com or by submitting a written request to the BYERKO registered office address.
The withdrawal or change of consent applies only to data processed based on your consent. The valid consent is the last one received by us. The possibility of withdrawing consent does not constitute a right to withdraw from the business relationship with BYERKO.
Data processed based on your consent are processed, in the absence of withdrawal, up to two years after the termination of the business relationship with BYERKO.
6. Limitations on the Disclosure of Personal Data
When necessary for the performance of specific tasks contributing to our services, we may authorize other companies or individuals. In such cases, BYERKO may disclose personal data to carefully selected external processors who will sign a data processing agreement with BYERKO (hereinafter: “Data Processing Agreement”) or an equivalent binding document. External processors will be provided or granted access to such data only to the extent required for the specific purpose. These processors may not use the data for any other purposes and must comply with at least all personal data processing standards required by applicable legislation. External processors are contractually obliged to maintain the confidentiality of your personal data.
BYERKO may also disclose personal data to competent state authorities that have a legal basis for such disclosure. For example, BYERKO may respond to requests from courts, law enforcement agencies, and other government authorities, including authorities from other EU member states.
7. Retention Period of Personal Data
The retention period of data is determined according to the category of each type of data. We retain data only as long as necessary to achieve the purpose for which they were collected or further processed, or until the expiry of limitation periods for the fulfillment of obligations or statutory retention periods.
Billing data and related contact data about individuals may be stored for the fulfillment of contractual obligations until full payment for the service or, at the latest, until the expiry of the statutory limitation periods for the specific claim, which may range from one to five years by law. Invoices are stored for 10 years after the end of the year to which the invoice relates, in accordance with the law governing value-added tax.
Other data obtained based on your consent are stored for the duration of the business relationship and for two years after its termination, unless the law prescribes a longer retention period. If an individual who has given consent for personal data processing has not entered into a business relationship with us, their consent is valid for two years from the date it was given or until its withdrawal.
After the retention period expires, the data are deleted, destroyed, blocked, or anonymized, unless otherwise required by law for specific types of data.
8. Rights of Individuals Regarding the Processing of Personal Data
We ensure the exercise of your rights regarding the processing of your personal data without undue delay. We will decide on your request within one month of receiving it. In the case of complexity or a high number of requests, we may extend this period by up to two additional months. If we extend the period, we will inform you within one month of receiving the request, including the reasons for the delay.
Requests regarding the exercise of your rights can be submitted to the email address info@byerko.com or by mail to BYERKO s.p.
If you submit your request electronically, we will, where possible, provide the information electronically unless you request otherwise.
If there is reasonable doubt about the identity of the individual submitting a request regarding their rights, we may request additional information necessary to verify the identity of the person whose personal data are concerned.
If an individual's requests are manifestly unfounded or excessive, particularly because they are repetitive, BYERKO may:
- charge a reasonable fee considering the administrative costs of providing the information, communication, or performing the requested action, or
- refuse to act on the request.
You have the following rights regarding the processing of your personal data:
- (i) the right of access,
- (ii) the right to rectification,
- (iii) the right to erasure (“right to be forgotten”),
- (iv) the right to restriction of processing,
- (v) the right to data portability,
- (vi) the right to object.
(i) Right of Access
You always have the right to know whether your personal data are being processed and, if so, to access the personal data and the following information:
- purposes of processing,
- types of personal data being processed,
- recipients or categories of recipients to whom personal data have been or will be disclosed,
- the envisaged retention period or, if not possible, the criteria used to determine that period,
- the existence of the right to request rectification or erasure of personal data or restriction of processing, or to object to such processing,
- the right to lodge a complaint with a supervisory authority,
- where personal data are not collected from you, any available information as to their source.
(ii) Right to Rectification
You have the right to obtain without undue delay the rectification of inaccurate personal data concerning you and, considering the purposes of processing, the right to have incomplete personal data completed, including by providing a supplementary statement.
(iii) Right to Erasure (“Right to be Forgotten”)
You have the right to have your personal data erased without undue delay where one of the following grounds applies:
- personal data are no longer necessary for the purposes for which they were collected or otherwise processed,
- you withdraw consent on which the processing is based, and there is no other legal ground for the processing,
- you object to the processing, and there are no overriding legitimate grounds for the processing,
- personal data have been unlawfully processed,
- personal data must be erased to comply with a legal obligation under EU or Slovenian law.
(iv) Right to Restriction of Processing
You have the right to obtain restriction of processing where one of the following applies:
- you contest the accuracy of the data, for a period enabling us to verify the accuracy of the personal data,
- the processing is unlawful, and you oppose the erasure of the personal data and request the restriction of their use instead,
- we no longer need the personal data for processing purposes, but you require them for the establishment, exercise, or defense of legal claims,
- you have objected to processing based on BYERKO’s legitimate interests, pending verification of whether our legitimate grounds override yours.
Where processing has been restricted, such personal data shall, with the exception of storage, only be processed with your consent or for the establishment, exercise, or defense of legal claims or for the protection of the rights of another natural or legal person.
We will inform you before lifting the restriction of processing.
(v) Right to Data Portability
You have the right to receive the personal data concerning you, which you have provided to us, in a structured, commonly used, and machine-readable format, and the right to transmit those data to another controller without hindrance from BYERKO, where processing is based on your consent and carried out by automated means. At your request, and where technically feasible, the personal data may be transmitted directly to another controller.
(vi) Right to Object
Where we process your data based on legitimate interest for direct marketing purposes, you may object to such processing at any time.
We will no longer process your personal data unless we demonstrate compelling legitimate grounds for the processing which override your interests, rights, and freedoms, or for the establishment, exercise, or defense of legal claims.
9. Right to Lodge a Complaint Regarding the Processing of Personal Data
You may submit a complaint regarding the processing of your personal data to the email address info@byerko.com or by post to BYERKO s.p.
If we do not decide on your request within the legal time limit or if we reject your request, you have the right to lodge a complaint with the Information Commissioner.
You also have the right to lodge a complaint directly with the Information Commissioner if you believe that the processing of your personal data violates Slovenian or EU data protection regulations.
If you exercised your right of access to data and, after receiving our decision, believe that the personal data you received are not the data you requested or that you have not received all the requested personal data, you may submit a reasoned complaint to BYERKO within 15 days before filing a complaint with the Information Commissioner. We must decide on your complaint as if it were a new request within five business days.
10. Cookies
BYERKO uses “cookies” on its website – these are small files that are stored on your computer when you visit the site. Cookies can make subsequent visits to the site easier. In your browser settings, you can choose whether to accept or reject “cookies.”
If you do not accept “cookies,” some websites may not display correctly, or you may not have access to all information or website functionalities; however, accepting cookies is not a condition for using BYERKO’s website.
For more information about cookies and their use, please refer to the Cookie Policy published on BYERKO’s website.
11. Final Provisions
For all matters not regulated by this Privacy Policy, the applicable legislation shall apply.
BYERKO reserves the right to amend this Privacy Policy. Any changes will be announced by publication on the official BYERKO website 30 days before they take effect.
If you have any questions regarding the Privacy Policy or the data we hold about you, please contact us at info@byerko.com.
12. Validity of the Privacy Policy
This Privacy Policy is published on BYERKO’s website (www.byerko.com) and takes effect on 1 August 2024.
