Privacy policy
The company Freefashion S.R.L., hereinafter referred to as MADE BY SOCIETY or more simply the "Company", with its registered office in Romania, Botosani county, Rachiti, Strada 29, Nr. 247B, registered with the National Office of the Trade Register - the Trade Register Office attached to the Botosani Tribunal under no. J7/767/2018, having the sole registration code 327 156 40, fiscal attribute RO, established and operating in accordance with the legislation of Romania, operator of the online store www.madebysociety.ro, in accordance with EU Regulation no. 679 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, adopted by the European Parliament, in its capacity as Operator processes personal data in a confidential, secure and transparent manner, assuring its customers that they can trust the way the personal data provided to the Operator is managed.
Persons who provide us with personal data have the possibility to send us, free of charge and unconditionally, requests for the purpose of exercising the legal or, as the case may be, contractual rights to which they are entitled or, where applicable, questions concerning any aspects regarding the confidentiality and processing of this information at the e-mail address dataprotection@madebysociety.com.
Likewise, any requests concerning personal data may also be sent by postal services or express courier with acknowledgement of receipt to the address: Freefashion Srl - Made By Society, Legal Department located in Romania, Botosani county, Rachiti, Strada 29 nr. 247B. All requests will receive a response in accordance with the legal provisions within a reasonable period that will not exceed 30 days from the date of receipt. Nevertheless, you should bear in mind that, for technical reasons, in order to implement some of your requests or options in relation to the applicable legal provisions, it is possible that, by way of exception, a few additional days may be necessary, during which period the Operator will continue to process the personal data that belongs to you on the basis of the previously expressed options.
Obtaining personal data
We collect the personal data that you send us voluntarily, in relation to the necessity of such data for the purpose of fulfilling your request.
Depending on the online relationships we have with our Customers, we process, when necessary, certain personal data of theirs through the online store, in accordance with one or more of the provisions of art. 6 para. (1) lit. a), b), c) and f) of EU Regulation no. 679/2016.
The reason for processing personal data is compliance with the legislation in force, the defence of our legitimate interests, the fulfilment of customer requests, the confirmation and carrying out of commercial operations such as the sale-purchase of products and their delivery through partner transport companies, the return of a previously purchased product, the carrying out of a banking transaction related to the purchase of a product, informing customers and resolving any complaints on their part or communicating with them under legal and contractual conditions, subscribing to the newsletter of the online store or creating a user account within the online store, including for obtaining information related to the online store, and at the same time the preparation and archiving, on the basis of the law or, as the case may be, of a contract, of the specific documentation such as fiscal invoices, invoices and return forms, minutes related to a transaction or sale-purchase contracts where applicable, but also the preservation/defence of the legitimate rights of our company. With the prior consent of the customer, the processed data may also be used for other specific, justified and legal purposes, such as but not limited to use for marketing, information and advertising purposes, in which sense we have the possibility to undertake such actions ourselves or through our associated Operator or through authorised persons.
In the case of accounting management documents, the personal data thus obtained is processed on the basis of art. 319 para. (20) of Law 227/2015 on the Fiscal Code of Romania and is stored on the basis of art. 25 para. (1) of Accounting Law no. 82/1991 of Romania, for a period of 10 years to which is added the additional term (if we consider it necessary for the defence of our legitimate interest) and the general limitation period of 3 years provided in the Civil Code of Romania, which runs starting from the date of closing the financial year for the year during which these records were prepared or, in the event that the preparation of accounting management documents is not required, they will be stored for a reasonable period of time necessary for their processing, including in relation to the legal provisions in force or, as the case may be, in accordance with the contractual provisions applicable in the respective case, and will be deleted in an efficient, secure and definitive manner at the moment when their storage is no longer necessary in relation to the purpose and basis of provision, taking into account an auxiliary term (if we consider it necessary for the defence of our legitimate interest) of 3 years representing the general limitation period provided in the Civil Code of Romania.
Personal data may be used even in pre-commercial relationships, which do not concern a product. By way of example, if you opt to create a user account, your personal data will be stored throughout the entire duration of existence of the account thus created, and will be deleted or anonymised in an efficient, secure and definitive manner upon the expiry of the additional term (if we consider it necessary for the defence of our legitimate interest) and general limitation period of 3 years stipulated in the Civil Code of Romania, which begins from the moment you proceed to delete the respective account, provided that their storage is no longer necessary in relation to the purpose and basis of provision. Once the account is deleted, you can create a new user account at any time under the same conditions.
Users of the online store are responsible for ensuring the confidentiality of the data concerning their own access account, such as the username and password, being responsible for the operations carried out within the online store. In the event that there are indications that, for various reasons attributable or not attributable to the User in question, the confidentiality of these access data has been compromised, we recommend that the User immediately notify the Operator in order to block access to the account, and a new set of data will be generated promptly for accessing the account by its holder.
Similarly, if you opt to subscribe to the newsletter made available to our customers, your personal data will be stored throughout the entire duration of existence of the subscription, and will be deleted or anonymised in an efficient, secure and definitive manner upon the expiry of the additional term (if we consider it necessary for the defence of our legitimate interest) and general limitation period of 3 years stipulated in the Civil Code of Romania, which begins from the moment you proceed to cancel the respective subscription, provided that their storage is no longer necessary in relation to the purpose and basis of provision.
At the same time, if you order products within the online store, in relation to our legitimate interest in the good administration of our business, we also need your telephone number and a correspondence e-mail address belonging to you, in order to be able to contact you for the purpose of confirming the order we receive, prior to attempting its delivery or, as the case may be, to communicate to you certain essential information related to the order/service requested by you. Likewise, in order to take possession of the products ordered and delivered to you, there is also the possibility that you may be contacted/notified by telephone or by correspondence by the representatives of the transport company partnered with our company, such as but not limited to Fan Courier Express Srl or DYNAMIC PARCEL DISTRIBUTION S.A. – DPD or other transport companies that we may contract subsequently in accordance with our legitimate business interest and without notifying you.
The telephone number and e-mail address belonging to you will be deleted or anonymised in a secure, efficient and definitive manner from our company's database at the moment when the delivery formalities have been successfully completed, insofar as you do not request us otherwise by contracting other services and/or there is no incident related to the finalisation of the respective order, an event attributable to you and contrary to our legitimate interest. In the event of such an occurrence (for example, you refuse without justification to take the goods with respect to which we carry out delivery on the basis of the order you previously sent us), for the purpose of defending the legitimate interests of our company, we reserve the right, for a period of 3 years (representing the general limitation period provided in the Civil Code of Romania) starting from the date of the respective incident, to also proceed with archiving the telephone number and e-mail address belonging to you. In the event that you send us new commercial orders within this term by using the same e-mail address or telephone number, we reserve the legitimate right to proceed to reject them in the sense of not honouring new orders you send us if, within the previous term, you have caused harm or attempted to cause us harm.
The personal data of minors is processed with care by implementing specific safety measures. Thus, our company does not request and does not collect the personal data of minors under the age of 18 except with the consent of the minor's legal representative and only insofar as we unilaterally decide to process such data knowingly. In this respect, the Operator has introduced within the online store mentions or, as the case may be, specific fields in which the Customer undertakes to truthfully declare on their own responsibility whether they have reached the age of 18. Our company is not responsible for declarations made untruthfully by our Customers if we were not aware of the real situation. Indeed, our source of documentation is precisely the personal information transmitted by our Customers, which is why we strongly ask you to demonstrate good faith and correctness in this regard.
Please note that, in relation to the legislator's requirements regarding the security and limitation of processing of the personal data of the data subjects, we will not request copies of the identity documents belonging to the data subjects/consumers unless we consider that such a measure is necessary in certain exceptional situations and we have the consent of the data subject.
When we request the personal data of our Customers, we inform you in a clear and explicit manner about the necessary data, as well as about the consequences of not providing it, indicating at the same time the purpose and basis of its processing. When it is not otherwise possible, in the event of not providing the necessary personal data, our company is unable to register and, respectively, to honour the orders of its Customers. Moreover, insofar as a user of the online store formulates legitimate requests that have as their object the deletion and/or restitution of information or documents, as the case may be, as well as the limitation of the use of certain personal data, these situations may affect the quality of the services provided by the Operator, may hinder the exercise of the object of the contract or may cause harm to the users in question or may lead to the impossibility of honouring the order/service requested by the customer, as a result of the Operator not undertaking certain steps in accordance with the operating methodology of the online store. Under these conditions, the respective Users fully assume the consequences of such decisions materialised through requests addressed to the Operator or through the limitation or non-granting of consent to the processing of personal data.
The personal data that we may request from you depending on the case, are as follows:
- First and last name;
- Complete home address;
- Postal address for the delivery of the ordered products;
- Correspondence e-mail address (e-mail);
- Telephone number;
- Data necessary for a transaction such as the bank account or the name of the holder of this account, as well as the banking institution at which the respective account is opened;
- Body measurements;
- Signature (limited to specific purposes, such as for example signing the return form, signing the warranty form, signing, as the case may be, the form for exercising data subject rights);
- Other personal data (only and only if it is necessary and justified in terms of the law and of the fulfilment of your request).
For the purposes previously declared, we will carefully and legally process the personal data belonging to you, there being the possibility that, in terms of the necessity or the good functioning and management of the online store, depending on the case and in relation to the nature of your order, we transmit, in whole or in part, this data to the partner transport companies in the case of delivery of products to the address you indicate to us or to the competent banking institutions or online payment processors in the case of payment for products by bank transfer. In the same way, in terms of the functioning and management of the online store in an appropriate, optimal, useful and efficient manner, some of your personal data may be transmitted to the companies affiliated with Made by Society which are involved in the functioning of this online store or received from them under conditions that are efficient and secure for you, to partner IT companies or to other persons involved in the development, functioning and maintenance of the online store, of the financial-accounting management software with the related licence, the holder of the archive.
At the same time, following the placing of an order within the respective online store, for the purpose of issuing the related invoice, your personal data, to the extent necessary, is transmitted and processed through the licensed financial-accounting management software and will be archived in writing and/or electronically on a secured server located within the territory of the European Union, the geographical area within which our company is located.
For the good functioning and management of the Made by Society online store, some of the above activities may also be carried out through the associated operator Vicol Generation Business – Romania Srl, having CUI 37295920 and its registered office in Romania, Botosani county, Rachiti, Strada 29 nr. 247B, 1st floor, office no.1, in which sense, through your acceptance of the present document, in your capacity as consumer/user you express your express consent to the processing of the personal data that you provide within this online store. We inform you that we have implemented adequate technical and organisational measures for the purpose of processing personal data and there are no obvious risks that could affect the security of such data.
When the ordered product is delivered to the Customer through express courier services, we will transmit to the partner transport company (third-party recipient), in a confidential manner, the necessary personal data of the Customer for the purpose of dispatching the respective product. In order to be involved in creating a secure transmission of this data, we will have the possibility to order, within legal limits, any measures we consider necessary in this respect and we will firmly request the partner transport companies to strictly observe the protection of personal data thus received, including by observing the legal provisions that regulate the processing of this information.
We assure you that the transmission of this data to third parties is carried out in accordance with the legal provisions regarding the protection of personal data and the confidentiality of information, on the basis of contracts concluded with our partners which also include guarantees in the processing of personal data within legal limits. However, these third parties are unilaterally responsible for the way in which they process personal data, which is why, prior to placing an order within our online store, we recommend that you read the policy for the processing of personal data of the legitimately involved third parties, presented within the following websites:
- https://nexy.ro/page/rgpd
- https://www.fancourier.ro/politica-de-prelucrare-a-datelor-cu-caracter-personal/
- https://www.dpd.com/ro/ro/suport-dpd/tips-tricks/dpd-gdpr/
Our company may also process the personal data of its Customers due to a legal, contractual obligation or a public interest. We assure you that we comply with the contracts to which we are a party and the applicable laws which, in certain cases, may require the processing of data belonging to our Customers. By way of example, the commission of an offence may be reported or there may be another reporting obligation, and this aspect may require the transmission of the Customer's personal data to the competent authorities. In any case, we will transmit to the competent authority or institution the data of a customer only and only after we ensure that this entity fulfils all the necessary and legal conditions for obtaining the respective information.
The customer's rights with regard to the processing of personal data
Our Customers have all the specific legal rights in the matter of processing personal data, and our company will ensure an environment that facilitates the exercise of these rights in a transparent, correct and easily accessible manner at any time.
We guarantee that at any time you may also avail yourself of the legal rights provided below:
- Obtaining information regarding the personal data that belongs to you and has been provided to our company;
- Accessing personal data and requesting the modification thereof;
- Restricting the processing of personal data or objecting to the processing thereof;
- Requesting the deletion of personal data;
- Requesting to receive the personal data that you have provided to us and the right to request us to send it to another company;
- Withdrawing consent regarding the processing of personal data;
- Requesting compensation in the cases provided by law;
- The possibility to lodge a complaint with the National Supervisory Authority for the Processing of Personal Data.
Our Customers also have the possibility to request access to the personal data which, through our company, has been transmitted to third-party recipients/associated operators/authorised persons for the purposes presented. By way of example, you may request us, and we undertake to order the necessary and possible measures to ensure your access to the personal data processed by the partner transport companies (such as could be Fan Courier Express S.R.L., DYNAMIC PARCEL DISTRIBUTION S.A., but also other companies that we may contract subsequently in our legitimate business interest), for the purpose of delivering products or parcels to data subjects.
Adequate safety measures for the purpose of processing personal data
Made by Society has implemented adequate technical and organisational measures in order to guarantee the safety of the personal data provided to it by its Customers. These protection measures do not cover that personal data which you choose to communicate in non-confidential public spaces online or offline. Made by Society will keep your personal data for as long as is necessary for the declared purpose, taking into account the need to respond to the requests, inquiries and questions that you address to us within the storage term of the information provided.
We store the personal data belonging to you in a secured platform with regard to which we hold all the licence rights, this being archived in an encrypted and secured backup server, intended for this purpose. We use dedicated servers, established technologies, always kept up to date, and secured data traffic. We assure our customers that there are no obvious risks of theft, deletion, modification, counterfeiting, alteration or accidental destruction of the personal data that is provided to us.
In the event that vulnerabilities are detected with regard to the personal data that you provide to us, we undertake to order adequate measures in order to eliminate risks of this nature. In relation to the legal provisions, within a term of 24 hours from the detection of a possible obvious risk, we will announce this incident to the Customer and/or, as the case may be, to the National Supervisory Authority for the Processing of Personal Data, ordering at the same time the necessary and possible measures in order to combat or, as the case may be, diminish the effects of a possible risk.
When the personal data belonging to you is no longer necessary for the purpose for which it was collected or which was agreed, and there is no legal or contractual obligation to keep it further, we will proceed to delete it in an efficient, secure and definitive manner.
Confidentiality of other information concerning you
Our Customers come first, and for this reason Made by Society, within the limits of the legal and/or contractual provisions, keeps confidential the information concerning you that you provide to us at our request or on the basis of a legal or contractual obligation concerning us. For the purpose of maintaining the confidentiality and security of this information, we periodically order adequate technical and organisational measures, and the staff of our company is periodically trained for this purpose.
By placing product orders, requests or carrying out operations through the online store such as for example, but not limited to, the creation of a user account or the creation of a newsletter subscription, you agree that the processing and storage of your personal data is carried out by our company directly and/or through the associated Operator Vicol Generation Business – Romania Srl or through an authorised person whom we will appoint under our responsibility in accordance with this privacy policy, the simplified information note regarding the processing of personal data, as well as in accordance with the applicable normative acts, including such as but not limited to EU Regulation no. 679 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, adopted by the European Parliament, also implemented through national legislation.
Likewise, you agree that in the case of placing an order online, your data necessary for the purpose of the related invoicing is processed through the licensed financial-accounting management system used by our company in a secure manner. At the same time, for the purpose of delivering the order placed by you, you agree that your personal data necessary for carrying out the delivery is processed by the partner transport companies, also accepting that you may be contacted or notified by them in terms of the fulfilment of the declared purpose.
By continuing to browse within the online store you understand and also agree that, for the best possible functioning and security of the online store and, implicitly, of the personal data thus processed, whenever we consider it useful or necessary we will carry out maintenance works through authorised third parties whom we may contract for this purpose in accordance with our legitimate assessment.
Newsletter
In order to improve the activity of our customers in relation to the online store, the web domain of which we reserve the right to update or modify in order to coincide with our legitimate, commercial and marketing interests, on the basis of your consent and choice, you have the possibility to subscribe to the newsletter organised by our company and carried out by electronic and/or telephone correspondence depending on the option you express, using for this purpose an e-mail address and/or telephone number belonging to you.
The newsletter is an e-mail or telephone text message that Made By Society may send to a list of subscribers, in order to communicate to them commercial and marketing information which we consider may be useful for the subscribers. Such information may refer, by way of example, to new products, discounts, events, or contests organised by our company, as well as other information that we consider relevant in relation to the online store.
The information and marketing campaigns to which you have the possibility to subscribe and which we carry out under the registered trademarks Made by Society® (see the section "copyright and intellectual property" in the Terms and Conditions) are carried out responsibly and with a character of originality only by the companies affiliated with Made by Society.
Both the creation of the newsletter subscription, as well as the unsubscription from this electronic channel of communication represent the personal choice of our customers, in which sense the processing of personal data operates in terms of the validly expressed consent online. Apart from unsubscribing by accessing the link/section online dedicated to this operation, unsubscription may be requested by the Subscriber also by transmitting in this respect an e-mail (unequivocal declaration) with clear content to the e-mail address online@madebysociety.com, in which sense the e-mail address of the sender must coincide with the e-mail address of the Subscriber.
In this respect, it is possible that you may also receive an e-mail/text message for the confirmation of the creation of the subscription or, as the case may be, of the unsubscription, operations which each Subscriber has the possibility to carry out according to their assessment. The information and marketing campaigns that are the object of this type of free subscription are carried out responsibly and with a character of originality only by the companies affiliated with Made by Society. Both the creation of the newsletter subscription, as well as the unsubscription from this electronic channel of communication represent the personal choice of each Subscriber, in which sense the processing of personal data operates in terms of the validly expressed consent online.
We are not responsible for any events that are not under our direct control such as, by way of example, but not limited to, errors in the functioning of the internet, the hosting domain, cases of force majeure or other similar incidents. At the same time, after unsubscribing, you always have the possibility to create a newsletter subscription again.
This document represents the property of our company, having the sole purpose of justifying the commercial relationship held with our customers. It is prohibited to copy, distribute or appropriate the document.
Made By Society is promptly involved in observing the legitimate rights of its Customers, having a primary concern, including for observing the legal provisions that govern the activity of our company.
Date of update, 28.07.2024. Enters into force on the date of publication.