General Terms and Conditions for Use of the Website
INDUSTRY TRANSILVAN has opened its website www.transilvan.ro in order to personally inform all its clients, business partners and the media. Use of this website by you is subject to compliance with the general terms and conditions of access and use detailed below (General Terms and Conditions) as well as compliance with the applicable laws. When accessing the website and when you read and use it, you accept by default and unconditionally the General Terms and Conditions, which prevail over any other agreement that you may have with INDUSTRY TRANSILVAN SRL.
Intellectual property rights
Copyright and/or Rights on Industrial Designs and Patterns
INDUSTRY TRANSILVAN ROMANIA is considered to be the author of this website. The photographs, texts, slogans, drawings, images, animated sequences with sound or not, as well as all the work incorporated in this website are the property of INDUSTRY TRANSILVAN ROMANIA or of third parties that have authorized INDUSTRY TRANSILVAN ROMANIA to use them.
The models and works presented on this website are protected in accordance with the legal provisions on copyright and related rights, as well as on the protection of industrial designs.
Reproductions, on paper or digital, of the website mentioned above and the works and models reproduced there are authorized provided that they are intended for strictly personal use, excluding any use for advertising and/or commercial and/or information purposes, so as to comply with the intellectual property legislation.
Except as provided above, any partial or complete reproduction, presentation, use or modification of the website, regardless of the process or media, of the various works and patterns that make up the website, without prior authorization from INDUSTRY TRANSILVAN ROMANIA, is strictly forbidden and constitutes the offense of counterfeiting, which is punishable according to the legislation in force.
Trademarks
The INDUSTRY TRANSILVAN ROMANIA name, the logo (heraldry) INDUSTRY TRANSILVAN ROMANIA as well as the products and services associated with it are trademarks of INDUSTRY TRANSILVAN ROMANIA.
Other brands are also mentioned; they are theoretically identified by a capital letter. These are used by INDUSTRY TRANSILVAN ROMANIA, either with the authorization of the owner, or as a mere indication of some products or services proposed by INDUSTRY TRANSILVAN ROMANIA.
The reproduction, imitation, use or application of these trademarks without prior authorization from INDUSTRY TRANSILVAN ROMANIA or from the respective holders constitutes the offense of counterfeiting punishable by applicable law.
Product and service information
These pages represent a general overview of the INDUSTRY TRANSILVAN ROMANIA range of products and services distributed in Romania.
INDUSTRY TRANSILVAN ROMANIA reserves the right to modify the information contained in this Internet website, especially those relating to technical features and pricing, at any time, without prior notice, taking into account the interactive feature of the website, without the changes meaning the liability of INDUSTRY TRANSILVAN ROMANIA, its network members or its employees.
The INDUSTRY TRANSILVAN ROMANIA network is at your disposal for any information, especially regarding tariffs, the availability of the services presented and their latest developments.
New services
The features of the new services presented on the INDUSTRY TRANSILVAN ROMANIA website are those that exist at the time of writing or updating of the various pages of the website.
The prices presented are those of the INDUSTRY TRANSILVAN ROMANIA tariff in force.
Hyperlinks
Placing a hyperlink to the website www.transilvan.ro requires a prior written authorization from INDUSTRY TRANSILVAN ROMANIA. If you want to place a hyperlink to our website, you should contact the person in charge with the INDUSTRY TRANSILVAN ROMANIA website. INDUSTRY TRANSILVAN ROMANIA cannot in any way be held responsible for the provision of hyperlinked websites starting from the www.transilvan.ro website and is not responsible in any way for content, products, services, etc. available on these websites or going from these websites.
Limitation of liability
The user uses the website at his/her own risk. Under no circumstances will INDUSTRY TRANSILVAN ROMANIA, its subsidiaries or members of its network, either individually or jointly, be liable for any direct or indirect damages, and in particular for material damage, loss of data or program, financial loss, resulting from the access or use of this website or any websites that are linked to it. The content of the website is presented without any warranty of any kind.
Information on their services, features, and pricing corresponds to a definition at the time of their editing or updating of the various pages of the website; they are provided only for information purposes and are therefore not and should not be considered as a contractual offer of products and services offered by INDUSTRY TRANSILVAN ROMANIA, its subsidiaries or members of its network. Errors or omissions may occur.
Applicable legislation
These General Terms and Conditions are subject to Romanian domestic law. The language of the General Terms and Conditions is Romanian. In case of litigation, only the Romanian courts will be considered competent.
Updating the general terms and conditions
INDUSTRY TRANSILVAN ROMANIA reserves the right to modify and update at any time the access to the website as well as the General Terms and Conditions. These changes and updates are required for the user who should therefore regularly consult this section to verify the General Terms and Conditions in force.
In accordance with the new European Regulation on the Protection of Personal Data (GDPR), please give us your consent to the use of cookies for the following purposes: the correct operation of the Transilvan Industry platform, the measurement of the use of the Transilvan Industry platform, advanced features such as recommended products and other functionalities that will allow us to show you the most appropriate offers through different marketing channels.
6. Privacy policy
We make every effort to ensure that we protect and respect the confidentiality of your personal data by implementing the necessary measures provided by current data protection rules and regulations, including the General Data Protection Regulation (EU) 2016/679 ("GDPR") .
This chapter is intended to inform you of the personal data we collect from you or that you communicate to us through this website, and how we process these data.
6.1. According to the data protection rules and regulations ("GDPR") - personal data is defined as any information about an identified or identifiable individual. In principle, it is personal data that TRANSILVAN Company considers: name and surname of the individual, domicile, email address, personal numeric code, phone number, client/attribute codes of registered account, AWB type code for delivery of the ordered product etc.
6.1.1. Your personal data that INDUSTRY TRANSILVAN collects and processes are: the first and last name of the person, home address (mailing address for delivery), email address, personal numeric code, phone number, customer ID/online identifier, billing data (when an order is completed), voice, bank information (in the case of a refund/payment), social media account.
We do not collect or otherwise process sensitive data, as defined in the General Data Protection Regulation (abbreviated GDPR) into special categories of personal data. We also do not want to collect or process data of minors who are under the age of 18.
6.1.2. Therefore, according to the "GDPR" personal data operators ("Operators") are - (i) INDUSTRY TRANSILVAN SRL, having the obligation in accordance with the national regulations and the EU Regulation 679/2016 (GDPR) to manage, safely and only for the purposes specified, your personal data. These data were collected/processed/etc. in the past and/or ongoing business relationship and for which you have validly expressed your consent under the laws in force at the time of collection of your personal data!
6.1.3. The Company informs that the enumeration in Art. 6.1 and the following are purely exemplary and with regard to the service requested by the client, the undersigned only collects the minimum personal data needed to fulfill the purposes/activities of INDUSTRY TRANSILVAN.
6.2. In the process of operating this website, INDUSTRY TRANSILVAN collects certain information ("personal data") relating to identified or identifiable natural persons, data provided by users of this website, through the voluntary expression of consent, directly (e.g. name, surname, postal address, e-mail address, telephone number) or indirectly (e.g. IP address, UUIDS use (unique identifiers provided by social logins).
6.3 The purposes of the processing of personal data provided by a "Member" or a "Transilvan Customer", envisaged and considered by INDUSTRY TRANSILVAN are the following:
• processing orders and returns;
• keeping the relationship with the contractual partners for accounting purposes;
• optimization of marketing activity;
• solving requests for an order;
• marketing communications;
• account administration within the TRANSILVAN platform;
• statistical purposes.
6.4. TRANSILVAN collects, processes and manages your personal data in accordance with GDPR rules and regulations for the following periods of time: (i) in accordance with the provisions of the Civil Code on the legal prescription institution and the contractual terms assumed by accepting the terms and conditions, the personal data collected are archived/retained by the Company for a period of 3 years after the termination of the contract (for delivery and return requests); (ii) the personal data collected are archived/retained by the Company for a period of 3 years and/or the Customer has expressed the last return in the account.
It is also good to know that we can process personal data to inform you about products and services, promotional offers or subscription to the newsletter. As a general rule, this personal data will be processed for direct marketing purposes only with your consent and using the communication channels (email, sms, etc.) that you indicated when giving your consent. Under these circumstances, it is important to know that we will use your consent for marketing purposes until it is withdrawn, so there is the possibility of withdrawing this type of consent at any time.
The TRANSILVAN Customer, by transmitting his/her personal data, unconditionally declares and accepts that his or her personal data is part of it and is archived in the owner's database expressing an unequivocal agreement that his/her personal data are stored, used and processed for the purposes specified in point 6.3.
6.5. TRANSILVAN informs you that processing is: any operation/set of operations on these data (with or without the use of automated means), namely the collection, registration, organization, structuring, storage, adaptation, modification, extraction, availability, aligning, combining, restricting, deleting, destroying, etc. (these operations are exemplified in the Regulation, the notion of processing representing any kind of operation relating to personal data).
6.6. At the territorial level, the provisions of the Regulation apply to the processing of an EU-based operator or person authorized to process personal data of persons in the EU performed by an operator or person not established in the EU if: goods or services are offered to people in the EU or the behavior of people in the EU is being monitored.
INDUSTRY TRANSILVAN is a personal data operator according to the rules and regulations in force, including GDPR.
6.7 The company hereby informs you that in relation to the customer's chosen activity/service and the purpose of collecting personal data, TRANSILVAN may send your data to companies in the group, third parties or authorities for the purposes of the processing activities. According to the "GDPR" Regulation, we hereby notify you that we may transmit or provide access to certain personal data concerning the following categories of recipients:
• group companies for order management;
• commercial partners for the supply of products/services ordered
• courier service providers;
• payment/banking service providers
• accounting service providers, to keep accounting records through external empowerment;
• other companies with whom we can develop joint programs to market our goods and services;
• public authorities.
We would like to assure you that we will make every effort so that the empowered and/or third party provides sufficient safeguards to implement appropriate technical and organizational measures so that the procedures meet the requirements of legal rules and regulations, including GDPR, and ensures the protection of the rights of the data subject (individual customer/TRANSILVAN member).
6.8. The basis for which we process these personal data and manage these collected data may be your consent, in relation to the purpose of processing the data, given on your online account creation and validation, or by requesting to be a customer/member of the TRANSILVAN community. At the same time, the basis is also a legal and/or contractual one, based on the contract/commercial relationship between you, the customer, and the TRANSILVAN company/companies, by placing your order and making payments for the ordered products, by returning non-compliant /or refused products, etc., but also a legitimate, necessary and indispensable basis for carrying out the commercial and economic activities of TRANSILVAN provided by the Regulation. We will process your personal data in order to improve and enforce protection measures, whenever necessary, for the protection of the website and the users of the TRANSILVAN platform against cyber attacks, fraud prevention and detection measures, including the transmission of information to the competent public authorities, measures to manage various other risks.
6.9 We also want you to be fully informed and understand the principles set out in EU Regulation 679/2016 and User Rights on Personal Data.
6.10 The European Personal Data Protection Regulation regulates a number of 6 principles to be observed by the operator (TRANSILVAN company) when processing personal data:
a) the principles of legality, equity (fairness) and transparency. According to this principle, the company must ensure (1) that data processing is performed only in accordance with legal provisions, any other processing will be considered to be unlawful, (2) that it processes the data only in the manner in which the data subject would reasonably expect and (3) that the processing is transparent, i.e. the operator should communicate to the subjects clearly and openly how they intend to use their personal data;
b) the principle of limiting the purpose for which data is collected. Our company complies with this principle by collecting/processing your personal data only for the intended purpose and transmitted to the person in question;
c) the principle of minimizing processed data. Our company adheres to this principle by collecting/processing only those minimum data necessary to carry out operations by adopting rules to ensure that it will not collect unnecessary data in relation to the commercial operation.
d) the principle of accuracy, current data. Our company will collect/process from its clients only accurate and current data.
e) the principle of retaining data for a period of time necessary for the purposes for which it is processed. Our company respects the principle regulated by the European Archiving Regulation/keeping your data only for the time required to meet the goals.
f) the principle of integrity and confidentiality. Our company has implemented all security measures and has at its department level standards designed to ensure security against unauthorized and illicit processing and against accidental loss of data or damage.
6.11 The European regulation stated that individuals (clients/members of TRANSILVAN) enjoy 8 (eight) rights:
a) the right to information (Article 13, Article 14). Please be aware that the introductory part of the document "Terms and Conditions" and this chapter present information about: the identity and contact details of the operator and his/her representative; contact details of the Data Protection Officer; the purpose of the processing and the legal basis; recipients or categories of recipients; information about the transfer of data to a third country; appropriate safeguards; storage period; its rights; the right to file a complaint; the possible consequences of the provision of data; the existence of an automated decision-making process.
b) right of access (art. 15). The right of access of persons is observed by the Company and concerns the following: confirmation regarding data processing; access to processed data; providing a copy of the personal data being processed; obtaining additional information (against a reasonable fee); remote access through a system that allows data to be viewed by the data subject; verifying the identity of the person requesting the information.
c) the right to rectification (Article 16, Article 19). The right of access of persons is observed by the Company and concerns: the rectification of indexed data; completing the data;
d) the right of removal (Article 17, Article 19). The Company observes the right of removal of individuals only in the circumstances in which this right is exercised in a reasoned/substantiated manner:
1. reasons: data is no longer needed; withdrawal of consent; opposition; illegal processing; compliance with the provisions of Law no. 677/2001. Also, by creating the Account, each Member or Client has given his/her consent that INDUSTRY TRANSILVAN will transmit his/her personal data to the contract partners under legal obligations imposed by European Union or domestic law; providing services to a child, unless the legal conditions are met;
2. the right can not be exercised and implicitly observed if the processing is necessary for: the right to free expression and information; compliance with a legal obligation; executing a task in the public interest; in the health sector; archiving; scientific or historical research; statistical purposes; establishing, exercising or defending a right in court.
e) the right to restrict (Article 18, Article 19). The Regulation confers this right on individuals to be exercised thus:
1. cases: accurate data challenge; illegal processing; data is no longer required;
2. the operator can only store the data;
3. any processing with regard to restricted data requires the consent of the data subject;
4. the operator shall communicate to all recipients the rectification, erasure or restriction of the data.
f) the right to portability (Article 20). According to the provisions of the regulation, the Company observes the right of individuals to request the porting of their own data in a simple, easy-to-read format and to transmit it to another operator chosen by the person exercising the right.
g) the right to opposition (to cease processing - Article 21) can only be exercised for the following purposes: direct marketing; research; scientific, historical, statistical purposes; performing a task in the public interest; the exercise of public authorities; the legitimate interests of the operator or a third party.
h) the right not to be evaluated by automatic profiling (art. 22) implies:
1. the illicit nature of the creation of profiles for any purpose: the evaluation of the capacity and quality of the work of the employees; granting a score - credits;
2. exception: existence of the consent of the person.