Information in Compliance with EU Regulation no. 2016/679 of April 27, 2016
Smart Motor Devices OÜ (hereinafter referred to as "Smart Motor Devices OÜ" or "Data Controller") prioritizes customer privacy and ensures that data is processed in accordance with the prevailing privacy regulations.
In particular, EU Regulation no. 2016/679 of April 27, 2016, titled "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 no. 95/46/EC," introduced the "General Data Protection Regulation" (referred to as "GDPR"). This regulation safeguards individuals by requiring them to be adequately informed about the processing of their personal data.
This regulation, in conjunction with Legislative Decree no. 196/2003 of June 30, 2003, known as the “Code on the protection of personal data” (hereinafter “Privacy Code”) is aimed at ensuring that personal data is processed while fully respecting fundamental rights, freedoms, and the dignity of the data subject. This includes a strong emphasis on confidentiality, personal identity, and the right to safeguard personal data, guided by principles of simplification, harmonization, and effectiveness.
To comply with legal requirements, we are providing you with the following information about the personal data our company processes. This is in line with the GDPR's Article 5, which underscores principles of accuracy, lawfulness, proportionality, transparency, clarity, awareness, and the protection of your privacy and rights. It also underscores the principles of confidentiality that underpin Smart Motor Devices OÜ business operations.
1) Categories of Personal Data
As an illustrative example, the personal data provided by customers and processed by Smart Motor Devices OÜ includes:
- Master data: Company name, VAT number, tax code, addresses, street numbers, postal code, province, country, master data of the legal representative, email address, and phone number.
- Data obtained through customer payment orders or bank information for payments shared by customers.
- Various data possibly provided during the fulfillment of the contract.
- Data obtained from public data banks.
2) Purpose and Legal Basis of Processing, and Recipients of Data
In accordance with the provisions outlined in Article 7, Paragraph 2, Letter b, and Article 13, Paragraph 1, Letter a of Legislative Decree no. 196/2003, and in Article 13, Paragraph 1, Letter c, and Article 15, Paragraph 1, Letter a of the GDPR, we hereby provide you with information on the processing of personal data you have supplied. This data will be processed for the following purposes:
a) Fulfilling all legal obligations related to statutory, fiscal, accounting, or other regulations, as well as EU rules and standards, including public tenders. In such cases, processing is mandatory, and therefore, your consent is not required.
b) Exercising rights and legal actions, both in and out of court, in accordance with Article 6, Paragraph 1, Letter f of the GDPR. In such cases, your consent is not required.
c) Carrying out contractual obligations, administratively managing the contractual relationship, conducting checks and certifications, providing technical support and information, offering post-sales service, managing product warranties, handling orders, delivering the necessary services, and managing payments as required. In such cases, your consent is not required.
d) Informing you about future commercial initiatives, announcing new products, services, and offers, delivering promotional materials, conducting direct sales, and providing commercial communications. This may involve automated calling systems, electronic or paper communications, including letters, phone calls, the internet, text messages, MMS, and other communication methods. In these cases, processing is optional, and your consent is required.
Smart Motor Devices OÜ may process personal data without consent if there is a legitimate interest, provided that the interests, rights, or fundamental freedoms of the data subject do not take precedence, necessitating the protection of personal data.
3) Recipients: Categories of Parties Who May Receive Data
In compliance with the stipulations set forth in Article 7, Paragraph 2, Letter e, and Article 13, Paragraph 1, Letter d of Legislative Decree no. 196/2003, and Article 13, Paragraph 1, Letter e, and Article 15, Paragraph 1, Letter c of the GDPR, Smart Motor Devices OÜ is committed to treating the data and information provided by the Buyer as confidential and not disclosing them to unauthorized parties. This information will not be used for purposes other than those for which it was originally collected and will not be shared with third parties. Access to such data will be granted exclusively to individuals within Smart Motor Devices OÜ who require it in the course of their duties, hierarchical position, or specific activities related to the execution of the contractual or commercial relationship (company personnel, employees, collaborators). Data will also be accessible to data processors appointed by the Data Controller, and a complete list of them is available at the registered office. These parties, in accordance with the principle of data minimization, will be appropriately instructed to prevent data loss, destruction, unauthorized access, or unauthorized processing.
Personal data will also be shared, as required by law, with entities and third-party companies (for instance: professional practices, freelancers, consultants, insurance companies providing insurance services, auditing firms, etc.) that perform activities on behalf of Smart Motor Devices OÜ. Personal data will be accessible to public authorities as stipulated by legal provisions.
4) Purpose of Data Dissemination
In accordance with Article 13, Paragraph 1, Letter a of Legislative Decree no. 196/2003, and Article 13, Paragraph 1, Letter f, and Article 15, Paragraph 1, Letter c of the GDPR, we hereby inform you that the personal data you have provided may be disseminated within the national territory and in the territories of the European Union member countries to the entities specified in item 3) above.
If, for any technical, organizational, or operational reasons, it becomes necessary, Smart Motor Devices OÜ may consider transferring your personal data to countries outside the European Union or to international organizations deemed suitable by the European Commission. However, appropriate guarantees must be provided by the recipient country, or special derogations must be outlined in the GDPR.
5) Data Retention Period
In compliance with the provisions of Article 13, Paragraph 2, Letter a and Article 15, Paragraph 1, Letter d of the GDPR, we hereby inform you that the personal data of each customer will be retained by the Data Controller for the entire duration of the contractual and/or commercial relationship, as well as for any potential retention period stipulated by commercial and fiscal laws and various applicable standards. Nevertheless, data retention will never extend beyond what is necessary for the purposes that led to their collection or processing in accordance with legal obligations.
Personal data may be processed for a longer duration if any interruptions or suspensions occur due to statutory limitations, which may justify an extension of the data retention period.
6) Rights of the Data Subject
In accordance with Article 13, Paragraph 1, Letter e of Legislative Decree no. 196/2003 and Articles 13, Paragraph 2, and 15-22 of the GDPR, the customer has the following rights:
a) The right to obtain from Smart Motor Devices OÜ confirmation of whether or not personal data concerning them exist, even if not yet registered, and their communication in an intelligible form.
b) The right to obtain information about the logic involved when data processing is carried out by electronic means.
c) The right to know the recipients or categories of recipients to whom personal data may be disclosed or who may become aware of it, whether as designated representatives in the territory of the State, data controllers, or processors.
d) The right to request the updating, correction, or integration of data or the restriction of data processing by Smart Motor Devices OÜ
e) The right to request the erasure, anonymization, or blocking of data processed unlawfully, including data whose retention is not required for the purposes for which it was collected or subsequently processed. This includes the right to object to any unlawful processing.
f) The right to receive confirmation that the operations described in letters d) and e) have been communicated to those to whom the data was disclosed or disseminated, except where this proves impossible or involves a disproportionate effort.
g) The right to object, in whole or in part, i) to the processing of personal data concerning them for legitimate reasons, and ii) to the processing of personal data for sending advertising materials or direct sales, or for conducting market or commercial communication research through automated means, such as automated calling systems, without the intervention of an operator, by email, and/or traditional marketing methods by phone and/or postal mail. It is important to note that the data subject's right to object to direct marketing using automated methods extends to traditional methods as well. The data subject has the right to object in whole or in part, allowing them to grant consent for receiving communications through traditional methods, automated methods, or none.
h) The right to lodge a complaint with the supervisory authorities in accordance with Article 77 of the GDPR.
i) The right to data portability.
l) The right to receive a copy of the processed personal data, with the caveat that Smart Motor Devices OÜ may charge a reasonable fee based on administrative costs if the data subject requests additional copies. If the Buyer makes the request electronically, and unless otherwise specified by the data subject, the information will be provided in a common electronic format.
7) Nature of Data Provision
In accordance with Article 13, Paragraph 1, Letter b and c of Legislative Decree no. 196/2003, we inform you that the disclosure and processing of the customer's personal data is necessary for the proper and timely execution of the existing contract between the customer and Smart Motor Devices OÜ. Without this provision, the customer's requests may not be fulfilled. In accordance with Article 13, Paragraph 1, Letter f of Legislative Decree no. 196/2003 and Article 13, Paragraph 1, Letter a of the GDPR, the data controller for the collection and processing of personal data is Smart Motor Devices OÜ, to which the customer can address any requests at the company's registered office.
8) Data Processor
The Data Processor is Smart Motor Devices OÜ (Tax Code/VAT no.EE101466213), with its registered office in Akadeemia tee 21/6, 12618, Tallinn, Estonia. Any correspondence received at Smart Motor Devices OÜ's postal address (including emails) (such as requests, suggestions, ideas, information, materials, etc.) shall not be considered confidential information or data, must not violate the rights of others, and must contain accurate and valid information that does not infringe upon the rights of others. In any case, Smart Motor Devices OÜ shall not be held liable for the content of such messages.
9) Final Clauses
You may exercise your rights at any time as outlined in this information by sending a notice to Smart Motor Devices OÜ, (Tax Code/VAT no.EE101466213), at the registered office located in Akadeemia tee 21/6, 12618, Tallinn, Estonia, by email at sales@smd.ee, or by registered letter.