Data Subject Rights Statement

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Pursuant to Act no. 18/2018 Coll. on the personal data protection (the “Act”) and pursuant to Regulation (EU) 2016/679 of 27 April 2016 of the European Parliament and of the Council 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 (the General Data Protection Regulation) (the “Regulation”)

Right to information (Section 19 of the Act; Article 13 of the Regulation)

For the purpose of fulfilling the controller’s information obligation corresponding to the data subject’s right to information, the controller, in accordance with the provisions of Section 19 of the Act and Article 13 of the Regulation provides the data subject with the following information:

I. Identification and contact details of the controller:

Business name:HERRYS s.r.o.
Registered office:Žilinská 7-9, 811 05 Bratislava
Corporate ID:45 280 436
Registered in:in the Commercial Register of the District Court Bratislava I, Section: Sro, 
entry no. 61514/B
Statutory body:JUDr. Martin Bečár – executive, 
Ing. Filip Žoldák – executive
Phone:02/20868866
e-mail:info@herrys.sk
Reservation a/c:SK40 1100 0000 0029 2987 7994
Regular a/c:SK59 1100 0000 0029 2685 5132

II. Cookies

We do not track you on our website, so we will know only the personal data that you consent to provide us. Cookies are small text files that are stored on your device (computer, tablet, smartphone) when you visit our website and contain the information needed for your device to communicate with our website. These files are stored on your device temporarily or permanently. Most internet browsers are set to automatically accept cookies by default. Cookies do not harm your device.

We process cookies on the basis of your consent, in addition to the necessary cookies we can process without your consent on the basis of the Electronic Communications Act. Providing your consent for the purpose of cookies is voluntary and you are not obliged to grant it. Browsing our website is not conditional upon your providing consent to cookies. Provision of cookies, especially marketing and analytical ones, is not a legal or contractual requirement.

We do not use automated decision-making or profiling when processing cookies.

More information about cookies


III. Purposes of the controller processing the data subject’s personal data:

A. Conclusion of a contract with the data subject

Purpose of personal data processing 
Performance of the contract concluded with you as the data subject.  
We necessarily need your personal data from you, because no contract can be created between us without it, since your personal data is an essential part of contracts concluded between you and our company pursuant to Act no. 40/1964 Coll. The Civil Code, as amended, and Act no. 513/1991 Coll. the Commercial Code, as amended. Consequently, we could not provide you with the real estate services we offer. However, if you choose not to provide us with your telephone number or e-mail address, this does not prevent the creation of a contractual relationship between us, nor the provision of real estate services, though our mutual communication will not be as affected as if you provided them to us.

Legal basis for processing 
In this case, we process your data on the basis of a concluded contract (e.g. brokerage contract, deposit agreement)

Data retention period 
We will retain your personal data throughout the validity of the contract and after its termination for the time necessary to assert liability claims, i.e. for a period of 4 years following the termination of the contract.

Recipient categories 
Depending on our contractual obligations, we may forward your data to a lawyer in order to prepare and assess contractual documentation (e.g. for the preparation of a purchase contract) or to perform contract authorisation, to a notary in order to draw up notarial minutes, or to a bank in order to prepare an account pledge, to an expert in order to prepared an expert opinion or energy certificate for real estate, to a financial broker in order to arrange a loan to finance the purchase price for real estate, or another real estate agency representing the interests of the other party in the business relationship, to the competent district office (land registry department) when filing a petition for entry of assets into the land registry.

B. Accounting

Purpose of personal data processing 
Fulfilment of our obligations under the Accounting Act (bookkeeping and preparation of accounting documents, especially administration and invoicing of services provided on the basis of contracts, processing of accounting, tax documents and invoices). 
We need your personal data to fulfil our legal obligation.

Legal basis for processing 
In this case, we process your data on the basis of Act no. 431/2002 Coll. on accounting as amended, Act no. 595/2003 Coll. on income tax, as amended, Act no. 222/2004 Coll. on value added tax as amended, and other legal regulations.

Data retention period 
We are obliged by law to keep accounting documents for a period of ten years.

Recipient categories 
Statistical Office of the Slovak Republic, executor, trustee of the bankruptcy estate, preliminary administrator, auditor, tax authority, health insurance company, Social Insurance Agency, accountant, tax advisor

C. Prevention of money laundering

Purpose of personal data processing 
In order to fulfil the obligations of the liable person under the Act on protection against money laundering and terrorist financing. 
We need your personal data to fulfil our legal obligation.

Legal basis for processing 
Based on Act no. 297/2008 Coll. on protection against money laundering and terrorist financing and on the amendment of certain acts.

Data retention period 
We are obliged to retain the data for five years from the end of the contractual relationship with the client in accordance with Section 19 of Act no. 297/2008 Coll.

Recipient categories 
NAKA Financial Intelligence Unit, our real estate broker

D. Assertion of legal claims

Purpose of personal data processing 
Assertion of our legal claims under contracts and of non-contractual liability.  
The processing of the personal data of the data subject is necessary in order to achieve the purpose of the processing. Without personal data, we would be unable to assert a legal claim.

Legal basis for processing 
Based on our legitimate interest under Article 6(1)(f) of the General Data Protection Regulation (processing is necessary for the purposes of legitimate interests pursued by the controller).

Data retention period 
Once a claim has been enforced or once the limitation period for asserting a claim has expired.

Recipient categories 
Slovak Trade Inspectorate, court, lawyer or other legal representative, law enforcement authorities.

E. Handling of complaints

Purpose of personal data processing 
Fulfilment of our obligations under the Consumer Protection Act (registration and handling of received complaints).  
We need your personal data in order to be able by law to process your complaint.

Legal basis for processing 
Fulfilment of our legal obligations under Act no. 250/2007 Coll. on consumer protection.

Data retention period 
We will retain your personal data until the expiry of the period when the Slovak Trade Inspection may impose a penalty, i.e. within three years from handling the complaint, or once the period for exercising the right before a court has expired.

Recipient categories 
Slovak Trade Inspection, court, lawyer or other legal representative, mediator, subject of alternative dispute resolution, our real estate broker.

F. Handling the objections of data subjects

Purpose of personal data processing 
For the purpose of handling any objections from data subjects exercising towards us their rights under the General Regulation on Personal Data Protection (GDPR). 
Provision of your data is necessary for processing the objection.

Legal basis for processing 
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 (General Data Protection Regulation), and Act no. 18/2018 Coll. on the protection of personal data and on the amendment of certain acts

Data retention period 
During the period when the Office for Personal Data Protection of the SR may impose a penalty, i.e. once 5 years have passed from asserting a data subject’s right.

Recipient categories 
Office for Personal Data Protection of the Slovak Republic, court, lawyer or other legal representative, real estate broker.

G. Newsletter

Purpose of personal data processing 
Advertising and marketing of the controller’s services and products in the form of sending information newsletters about our products and services and the current offer of real estate, etc.

Legal basis for processing 
We will process your e-mail address on the basis of your consent. You can withdraw your consent at any time, either by unsubscribing from the newsletter (by clicking on the link contained in each message) or by sending a message to one of our contacts. 
Choosing to provide your consent is voluntary and you are not obliged to grant it. However, entering your e-mail address is necessary for receiving our newsletter as we are unable to provide you with the newsletter without having your e-mail address.

Data retention period 
Your e-mail address will be processed throughout the period of your consent, for a maximum of four years from the withdrawal of your consent (Section 116(5) of the Electronic Communications Act).

Recipient categories 
Your email address will not be forwarded to a third party.


H. Request for controller’s services

Purpose of personal data processing 
Processing of personal data for the purpose of registration and processing of requests for the controller’s services, in particular for contacting about a sent request and expressed interest in the controller’s services, preparation of the controller’s service offer and performance of other necessary pre-contractual operations.

Legal basis of processing 
We will process your request on the basis of your consent. You can withdraw your consent at any time by sending a message to one of our contacts. 
Providing your consent is voluntary and you are not obliged to grant it. However, entering your contact details is essential for us to be able to contact you with an answer to your request.

Data retention period 
Your personal data will be processed for the time necessary to process your request, for a maximum of 90 days. After the expiry of this period or if you withdraw your consent, your data will be destroyed. However, if we conclude a contract (e.g. brokerage contract, deposit agreement), the personal data will continue to be processed, but no longer on the basis of the consent, but on the basis of the concluded contract.

Recipient categories 
Our real estate broker.

IV. Automated decision-making and profiling

No automated decision-making or profiling is used in the processing of personal data.

V. Transfer of personal data to third countries

We do not transfer your personal data to third countries. Your personal data is not processed outside the territory in which the common rules set out in the General Data Protection Regulation apply. The free movement of data within the Member States of the European Union is guaranteed by this Regulation.

VI. Other rights of the data subject

Right of access personal data (Article 15 of the Regulation) 
You have the right to obtain confirmation from us as to whether we process your personal data and, if so, you have the right to access this personal data (copies of it) as well as additional information in the extent provided for in Article 15 of the Regulation. 
In most cases, we will provide you with these copies of your personal data and additional information in writing, unless you require that they be provided by another method. If you requires this information by electronic means, it will be provided to you by electronic means, if technically possible.

Right to rectification of personal data (Article 16 of the Regulation) 
We take reasonable steps to ensure the accuracy, completeness and timeliness of the information we have about you. This right, however, allows you to request us to rectify any incorrect personal data we have about you, or to supplement your personal data, if it is inaccurate, incomplete, or out of date. Please note that you are required to provide us personal data that is complete and accurate; you are liable for any falsity of the personal information you provide to us.

Right to withdraw consent 
If we process your personal data also on the basis of consent, you have the right to withdraw this consent to the processing of personal data at any time. Withdrawal of consent does not affect the lawfulness of the personal data processing based on consent prior to its withdrawal, but it prevents us from further processing of your data for the purposes for which we need your consent to personal data processing. You may withdraw your consent in the same way in which the consent was granted or by giving a notice of withdrawal to any of our contacts.

Right to erase personal data (right to be “forgotten”) (Article 17 of the Regulation) 
You have the right to request us to erase your personal data, without undue delay after you have exercised this right, provided any of the following reasons has been met: 

  • you have withdrawn your consent on the basis of which we processed your personal data and at the same time there is no other legal basis for processing your personal data (e.g. fulfilment of our legal obligations); 
  • you have objected to the processing of your personal data on the basis of a legitimate interest, and there are no prevailing legitimate grounds for processing; 
  • the personal data are no longer needed for the purposes for which the data was gathered or processed; 
  • personal data were processed unlawfully; or 
  • personal data must be erased in order to comply with the legal obligation. 

Under the applicable rules we are though unable to comply with your request for erasure of data if we still need your personal data to fulfil our legal obligations or if further processing is necessary to prove, assert or defend legal claims.

Right to restriction of processing of personal data (Article 18 of the Regulation) 
You have the right to require that we restrict the processing of your personal data if: 

  • you at the same time contest the accuracy of the personal data (for a period enabling us to verify the accuracy of the personal data); or 
  • the processing is unlawful and you do not request their erasure; or 
  • we no longer need them, but you need them to assert your claims; or   
  • you have objected to processing of data on grounds of legitimate interest, pending the verification whether the legitimate grounds on our part override those on your part. 

Restriction of processing means that such personal data shall, with the exception of storage, only be processed with the data subject’s consent, or only in the extent necessary for proving, exercising or defending legal claims, or for protecting the rights of another natural or legal person or for reasons of important public interest of the European Union or of a Member State. 
Where we restrict the processing of your data and later the grounds for which the processing was restricted cease to exist, we will notify you thereof before the processing restriction is lifted.

Right to data portability (Article 20 of the Regulation) 
You have the right to obtain from us your personal data that you have previously provided to us in a structured, commonly used and machine-readable format, and you have the right to request that we transfer your personal data to another controller in compliance with legal conditions; the application of this right does not affect your right to erasure of your personal data. However, the right to portability only applies to personal data that we have obtained from you with your consent or under a contract to which you are a party.

Right to object to the processing of personal data (Article 21 of the Regulation) 
If the processing of your personal data is based on our legitimate interest, or if we process your personal data for the purpose of direct marketing, you have the right to object to this processing of your personal data. If you file an objection, and we do not demonstrate any compelling legitimate reason for processing your personal data, or if you object to the processing of your personal data for direct marketing purposes, we will not further process your personal data for these purposes.

Right to deactivation of automated individual decision-making, including profiling (Article 22 of the Regulation) 
There is no automated decision-making or profiling from our side in processing your personal data.

Right to lodge a motion to initiate proceedings on the protection of personal data (Section 100 of the Act; Articles 77 and 79 of the Regulation) 
If you believe that the processing of your personal data is in conflict with the Act or the Regulation, you have the right to file a motion with for the initiation of proceedings on the protection of personal data at the Office for Personal Data Protection of the Slovak Republic, with its registered office at Hraničná 12, 820 07 Bratislava, Slovak Republic, corporate ID: 36 064 220 (“the Office”) or other competent authority, in particular in the Member State of your usual residence, the place of performing work, or the place of the alleged infringement. 
The motion for the initiation of proceedings (hereinafter “the motion”) must contain the first name, last name, correspondence address and signature of the petitioner, identification number, if assigned, the subject matter of the motion, indicating which rights are believed to have been infringed in the personal data processing, evidence in support of the allegations made in the motion, a copy of a document, all other evidence proving the exercise of the right as per the second part of the second chapter of this Act or Regulation, if the data subject exercise this right, or a statement of the reasons worthy of special consideration for not having exercise the right in question when the data subject submitted the motion.

A specimen motion for the initiation of proceedings before the Office is published on the Office’s website ( https://dataprotection.gov.sk/ ).

Without prejudice to your right to seek protection of your rights on the basis of a motion to institute proceedings before the Office, you also have the right to exercise your rights at the competent court of the Slovak Republic if you believe that as a result of processing your personal data in violation of the Regulation, your rights under the Regulation have been infringed.

In the event that you need any explanation, advice, or discussion regarding further processing of your personal data, you can contact us at any time at the e-mail address: info@herrys.sk

This document enters into effect on 27 May 2022