Terms of Service

1. PURPOSE OF THE GUIDE

This guide ("Guide") includes the rules to be followed by SOFTWINX S.R.L., based in STR. SALCĀMILOR, NO. 196B, Tărlungeni, Brașov, fiscal identification code 47669258, registered at the Trade Registry Office under no. J08/533/2023 ("SOFTWINX S.R.L.", "we") to manage the processing of personal data in relation to managing an online store. Failure to comply with this procedure may expose us to fines, penalties, damages, publicity negative.

2. APPLICABLE LAW

This Acceptable Use Policy (“AUP”) governs your use of the Services and is incorporated by reference into our Terms of Service. Unless otherwise stated, defined terms in this AUP have the meanings provided to them in the Terms of Service. We may modify this AUP at any time without notice. You shall use the Services only for lawful purposes. Transmission, storage, or display of any information, data, or material in violation of applicable laws or regulations, including without limitation the laws of the Commonwealth of Massachusetts, is prohibited. We reserve the right to terminate the Services for any Customer that exposes the Company to legal liability or threatens its ability to provide services to other customers. You agree to indemnify and hold the Company harmless from any claims resulting from your use of the Services.

3. DEFINITIONS

Personal Data means any information about a natural person identified or identifiable; Data Subject means the natural person whose Personal Data Personal are Processed;

Processing

means any operation or set of operations carried out on Personal Data or on the sets of Personal Data, with or without the use of automated means such as collecting, recording, organizing, structuring, storing, adapting or modifying, extracting, consultation, use, disclosure by transmission, disseminating or making available in any other way, alignment or combination, restriction, deletion or destruction;

The Data Protection Officer

means the person designated by the operator or by authorized person, in accordance with the provisions Art. 37 GDPR, as mentioned in Annex 1;

Responsible person

means the person designated by SOFTWINX S.R.L. with tasks related to the protection of Personal Data, as mentioned in Annex 1;

RGPD

Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on protection natural persons with regard to the Processing Personal Data and regarding free circulation a these data and the repeal of Directive 95/46/EC;

4. INFORMATION TO CUSTOMERS

All Data Subjects (i.e. all online customers) must be informed of the operations of Processing their Personal Data. This is done through the information note on Data Processing with Personal Character (NotaInformareMagazinOnline.docx) that must be displayed on the website. This notice is the so-called "Privacy Policy". The privacy policy must be displayed on the website (online store) so that it is easily accessible from every page. Customers must confirm that they have read and understood this privacy policy. Confirmation can be done by using a box that can be ticked by the customer, according to the following model: I confirm that I have read and understood the Privacy Policy. In the model exemplified above, the phrase "Privacy Policy" is a link to privacy policy.

CAREFUL:

• It is recommended that this confirmation be done at the time of account creation by user. If no user account is created, it is like this confirmation to be made when placing an order.
• Online customers only need to confirm that they have read and understood the policy confidentiality. You do NOT have to agree to this policy by confidentiality (see section 6 of the Guidelines).

5. DIFFERENT ACTIVITIES IN THE ADMINISTRATION OF THE ONLINE STORE

Each processing operation must be based on a legal basis. The choice of basis depends on each individual operation.
- ONLINE ACCOUNT CREATION
For example, when collecting the customer's name, surname, e-mail address to be created the online account, the legal basis can be the execution of the contract.
- ORDER PLACEMENT AND DELIVERY
These may involve several processing operations:
• adding products to the shopping cart;
• placing the order;
• making the payment;
• invoice issuing;
• delivery of the order.
As a rule, for each of these operations, the legal basis that can be used is execution of the contract. However, in the case of issuing the invoice, the legal basis may be legal obligation.
- FEEDBACK REQUEST
Feedback can usually be obtained anonymously by SOFTWINX S.R.L., via filling out anonymous forms by customers If SOFTWINX S.R.L. collects certain personal data of those who fill out a feedback form (such as first and last name, email address), will customer consent must be obtained.

6. CONSENT OF THE PERSONS CONCERNED (CUSTOMERS)

For cases where the legal basis for Processing is the Data Subject's consent, se consent must be taken specifically by ticking some boxes on the website. In this case, the box should be followed by a text relating to the Processing for which the Person The target consents. For example, if it is about receiving marketing messages, consent should be obtained using the following model: I agree to receive marketing messages (newsletter, promotions)

CAREFUL:

The consent must strictly refer to the Processing based on consent, but not to the entire privacy policy. In other words, the customer does not have to tick that they agree to the privacy policy.

7. MINIMUM PERSONAL DATA

SOFTWINX S.R.L. must only collect customer data that is strictly necessary for purchase of products through the online store. For example, if for account creation are sufficient name, first name and email address, then you should not other data are also requested (such as home address).

8. DURATION OF PERSONAL DATA STORAGE

SOFTWINX S.R.L. must keep customers' personal data only for as long as needs this data (eg account data to be kept for as long as the account exists by user). Once it no longer needs customer data, it must be deleted.

9. MARKETING MESSAGES TO CUSTOMERS

If SOFTWINX S.R.L. wants to promote the products sold through the online store by sending messages to a multitude of people (messages from marketing) through different methods (e.g., e-mail, SMS, etc.), SOFTWINX S.R.L. must be ensure that, before sending those messages, those persons have consented to receive them of such messages.
Likewise, if SOFTWINX S.R.L. intends to send marketing messages (e.g., product promotion; existing promotions, etc.), SOFTWINX S.R.L. must be ensure that, before sending those messages, those persons have consented to receive them of such messages.

10. COOKIES POLICY

- INFORMING CUSTOMERS REGARDING THE COOKIES USED
All Data Subjects (i.e. all online customers) must be informed about cookies used on the website. This is done by displaying a cookie policy on the website (PoliticaCookiesMagazinOnline.docx).

- CONSENT REGARDING THE USE OF COOKIES
The use of cookies is generally subject to the condition of taking, in advance, the informed consent of the user (in other words, the customer must be informed regarding the cookies used and his consent to use them must be requested, and consent must be free, express and taken by an action – i.e. the customer ticks that agrees and have the opportunity to say no). Cookies are classified as strictly necessary cookies (in order to provide a service, expressly requested by the subscriber or user) and cookies that are not strictly necessary.
Classification has consequences for the obligation to obtain user consent: consent is required for cookies that are not strictly necessary, while his consent is not required for strictly necessary cookies. As a way of obtaining this consent, the recommendation is to implement a pop up banner (visible on all pages that contain cookies) through which users are informed regarding the cookies used and through which users can choose whether to give them or not consent. Such a banner would have the following structure:
• Text: This website uses cookies to provide a better experience navigation. To find out more details, access the Cookies Policy ("Policy of Cookies" = link to the cookies policy)
• 2 buttons: "Accept" and "Reject".
Important to specify: when the user presses the refuse button, the cookies which are not strictly necessary will no longer be used.
If there are several types of cookies used (analysis, performance, etc.) they should be taken separate consent for each type (there must be several unchecked boxes and the user to tick the cookies he agrees with).
- WITHDRAWAL OF CONSENT
The user (online customer) must have the possibility to withdraw consent to regarding the use of cookies. For example, the cookie policy should include a link to a dashboard (control panel), where the user (online customer) could change the options regarding the use of cookies.