PRIVACY POLICY

(In force as of 25.05.2018)

 

The website shelly.cloud („the Website“) constitute official Internet webpages and electronic shops for the products bearing the commercial name Shelly. The Website offers information for the products of the Shelly series, a possibility for online purchase directly from the producer, as well as provision of technical assistance and maintenance upon use of the Devices and the Services bearing the commercial name Shelly. These services are related to the processing of various types of data for different purposes:  

Controller of the personal data is ALLTERCO ROBOTICS EOOD, UIC: 202320104, having its seat and registered address in the city of Sofia, 103 Cherni vrah Blvd.

The Data protection officer will answer all your queries concerning the processing and protection of your personal data. You can contact him/her via email on the following address: dpo@allterco.com 

Data subjects whose data may be processed – natural persons – consumers or representatives of legal entities for the purposes of an order or purchase of products from the Website. 

ALLTERCO ROBOTICS EOOD in its capacity of producer of the Devices bearing the commercial name Shelly processes personal data mainly in view of ensuring the factory functionalities of the Shelly Devices. When the Devices are purchased from the Website of ALLTERCO ROBOTICS EOOD, the personal data will be processed mainly for the purposes of the purchase and for the provision of their factory functionalities. 

For more information on the types of data, the purposes and means of their processing, please read below.

Submitting an order via the Website constitutes an offer for conclusion of a distance sales contract within the meaning of the Consumer Protection Act of 9. December 2005. The contract will be deemed concluded upon confirmation of the order on the part of ALLTERCO ROBOTICS EOOD. We process your personal data for the purposes of conclusion of the contract and its performance on our part. 

  1. The type of personal data that we process

On a contractual and pre-contractual basis for the purposes of processing of an order and its delivery:

    1. Data concerning the person ordering:
  • Name and Family name;
  • Delivery address;
  • Telephone;
  • Email address;
  • IP address;
    1. Payment data (according to the chosen payment method)
  • Payment data via bank (bank transfer or card payment)
  • Payment data via Pay Pal account;

On the basis of legal obligations, when payment requires an accounting document to be issued:

    1. Accounting data under the Value Added Tax Act of 4. August 2006:
  • The full name of the person ordering when he/she is a natural person or a representative of a legal entity, with the exception of a statutory representative registered in the Commercial Register.
  • VAT identification number which may include personal identification number.

Based on a legitimate interest, in order to provide to you the requisite technical assistance in case of difficulties concerning the use of our Services and Shelly Devices and to the extent it is applicable to the concrete Shelly Devices:

    1. Consumer data:
  • Chat conversations with contact (call) centre;
  • Telephone number;
  • Email;
  • Calls to the call centre;
    1. Device data:
  • Model and serial number of the Shelly Device;
  • Name of the Shelly Device
  • IMEI (unique number of the Shelly product)
  • MSISDN (telephone number) of the Shelly Device
  • Information kept on the Shelly Device (when the Device is provided to the repairs shop but without it being deleted in advance by the consumer). 

ALLTERCO ROBOTICS EOOD processes personal data for business analysis of sales extrapolated from depersonalized anonymous data (on the basis of legitimate interest):

 

    1. Anonymised data 
  1. Statistical information regarding the total number of visits on the Website and determination of the incoming traffic to the Website, deliveries made, assistance and complaint queries accepted;
  2. Improvement of the services and products provided by ALTERCO ROBOTICS EOOD;

 

  1. Purposes of personal data processing:
    1. Data concerning the person ordering for the purposes of:
  1. Processing of applications and accepting orders;
  2. Performance of a distance sales contract;
  3. Delivery by courier or post services to the delivery address stated in the order or additionally pointed out by the person ordering via call centre or in an order form;
  4. Invoicing and payment (including through payment on delivery);
  5. Making a contact with the person ordering concerning the order made and subsequent order;
  6. Sending notices concerning the status of an order and issues arisen in connection to the delivery;
  7. Sending messages for the purposes of direct marketing and advertising upon explicit consent on your part, including by provision of information via email or SMS for new products and/or services and joint promotions with our partners upon explicit consent provided by you. 
  8. Provision of services under guarantee repair works;
  9. Servicing the order process and its resuming in case of technical disruption, as well as for the purposes of guaranteeing the security of the Website and the services provided through it;
  10. Provision of information concerning checks or protection of a private interest in administrative or court proceedings;
    1. 10.2.Payment data for the purposes of:
  11. Issuance of accounting document (invoice) containing the requisites required by law in case that its issuance is required by law or explicitly required by the person ordering; 
  12. Certification of payments made via bank transfer, PayPal or payment on delivery;
  13. Making payments in connection to rights exercised by you under the Consumer Protection Act, such as right of refusal, complaint, compensation, etc.;
    1. Consumer data for the purposes of:
  14. Provision of information on the services and products, including information on orders, receipt of complaints via a call to a call centre or chat channel;
  15. Provision of service and maintenance in case of technical irregularities, restriction of access to the Service and others, including remotely via a call to a call centre or chat channel;
  16. Email verification or SMS for ensuring the security of access to data for your profile and Shelly Device upon provision of service;
  17. Processing of submitted complaints, pleas, legal claims;
  18. Improvement of service;
    1. Device data for the purposes of:
  19. Provision of services for the servicing and maintenance in view of the correct functioning of the products and applications, including remotely. To facilitate our clients and to the extent the Devices and the Applications allow so, it is possible that technical issues relating to their functioning be removed remotely. Remote diagnostic is not possible without data for the respective Device;
  20. Servicing the Device on the spot in our service centre;
  21. Processing of submitted complaints, pleas and legal claims;
    1. Anonymised data for the purposes of:
  22. Statistical analysis of the total number of visits to the Website, deliveries made, assistance and complaints queries accepted;
  23. Analysis of the consumer experience in the use of the Devices and the Applications in view of their improving and as a response to consumer expectations. 
  1. Third parties to whom we provide your personal data:
    1. Courier companies and post services, making deliveries of confirmed orders via the Website and the payments associated with them;
    2. Payment services suppliers for the purposes of making payments or reimbursement of amount upon exercise of the right of refusal from the sale and purchase of a product, as well as for accounting purposes, in accordance with the statutory requirements;
    3. Call (contact) centres which help us assist you in case of issues in the use, settings and functioning of the Application and the Device, as well as for servicing applications for delivery, replies to queries and notification in case of an order made;
    4. Consultants in various fields for the purposes of protection of our legitimate interests in the maintenance and improvement the quality of the service, compliance with statutory requirements, protection of legal rights and interests in court and administrative proceedings; 
    5. State bodies and authorities in connection with checks performed by them in compliance with the statutory requirements and limitations; 
    6. Persons associated with ALTERCO ROBOTICS EOOD in connection to the use of shared technical and human resources, transformations, etc. 
    7. Marketing agencies and suppliers of services for sending of messages for marketing and advertisement. 

As regards private individuals, we require from and monitor the above stated third parties so that they apply all technical and organizational measures for the protection of data. 

 

  1. The data is processed within the following time limits:
    1. Data processed for the purposes of conclusion and implementation of a distance sales contract – the limitation periods concerning assertion of legal claims provided by Bulgarian law;
    2. Data processed for accounting purposes – those provided by Bulgarian law;
    3. Data provided on the basis of consent – until its withdrawal by written notice sent to ALTERCO ROBOTICS EOOD at the management address of the company or in cases of consent provided for the purposes of direct marketing and advertising – at the address for refusal set out in the notice in accordance with law;

After expiration of the above stated time limit the data will be deleted and may not be restored and used any more. The data will not be deleted but will continue to be processed only for the purposes of protection of our legal rights and interests or in compliance with our legal obligations in case that as of the date of expiration of the above stated time limit there is pending court, administrative or pre-court proceedings – until its completion with a final, non-appealable act depending on the proceedings.

  1. Your rights in connection with your personal data:
    1. Right to access, including right to a copy of the data that are under processing:

You have, at any time, the right to request information concerning your personal data, which we keep. You can contact is and based on a written request and certification of your identity, your data will be provided;

    1. Right to correct inaccurate personal data:

You have the right to request your personal data if they are incorrect, including supplementing incomplete personal data. This you may do through your profile via the mobile application or by referring to us with a written request, after your identity has been certified;

    1. Right of erasure („Right to be forgotten“) in the following cases:
  1. Removal of the need for processing;
  2. Withdrawal of consent when processing is on the basis of consent;
  3. Illegal data processing;
  4. Statutory obligation for erasure;

The right to be forgotten is not an absolute right and might not be respected in cases provided for by law, and its exercise is carried out only after due certification of your identity. 

    1. Right to restrict processing, when:
  1. the veracity of the data is being disputed for the period within which their veracity should be checked; or
  2. the processing of data has no legal ground, but instead of erasing it, you want their limited processing; or 
  3. the data is necessary for establishing, exercising or protecting your legal claims; or 
  4. objection has been filed to processing of data, pending a check whether the grounds of the administrator are legal.

In case of correction, erasure or restriction for processing, we will notify each recipient whose personal data has been disclosed unless this is not possible or requires disproportionate effort. 

 

    1. Right to transfer of machine-readable data

When we process your personal data in an automated manner based on your consent or on a contractual ground, you have the right to receive a copy from your personal data in a structured, widely used and adapted for a machine reading format. The data will be provided directly to you or at a request on your part and a technical possibility for the data to be provided to another administrator at your choice.

    1. Right to object to processing on the basis of a legitimate interest:

You have the right to object to processing of your personal data based on the legitimate interest of the Administrator. ALTERCO ROBOTICS EOOD will not continue to process your personal data unless it is proven that there are convincing legal grounds therefor, which take precedence over your interests and rights or due to court disputes and other procedural or extra procedural actions. 

    1. Right to object to direct marketing:

You have the right to object to receiving marketing notices, including to profiling and analysis for the purposes of direct marketing. 

    1. 4.8.Right to a complaint before the Personal Data Protection Commission or before a regulatory body in a Member State of the EU at the place of habitual residence, workplace or place of the alleged violation. 
    2. Right to withdraw the provided consent 
  • Consent to direct marketing and advertising – by sending a notice at the address for refusal set out in the direct marketing or advertising notice;
  • Consent to access to Profile in the Application – by changing the password to access the Application;

Upon withdrawal of consent, processing of the respective type of personal data for the stated purposes will be terminated. Withdrawal of consent will not affect the legality of processing based on a given consent prior to its withdrawal. 

The above described rights are exercised in a written request in a form determined by ALTERCO ROBOTICS EOOD which you may receive at the seat of the administrator or electronically following query to the Data Protection Officer and filling in electronic form received as a response. 

You will receive a response to your query within a month as of receipt of the written request. In case of factual and/or legal complexity, as well as in case of a big number of requests received by the Administrator, this time limit may be extended by two more months.

 

  1. Methods used for automated taking of individual decisions, including profiling 

We do not use automated algorithms and/or profiling. 

 

  1. Referrals to other websites 

The Website contains referrals to websites of third parties. ALTERCO ROBOTICS EOOD does not bear responsibility for the protection of your data processed by these websites. Please get acquainted with the policies uploaded on these websites in connection with your personal data protection and the grounds on which your personal data is being processed by them.