PRIVACY POLICY

(in force as of 11 November, 2019, last amended 1 August, 2023)

 

The website https://shelly.com/ together with all its sub-domains and sub-pages including but not limited to https://shelly.com/ and any sub-pages dedicated to online sales, marketing and promotional campaigns, contests, surveys ect. („The Website“) The Website constitutes the official Internet page and online shop of the products under the brand Shelly^TM. The Website offers information about the products from the Shelly series, a possibility for online purchasing, as well as technical support regarding Shelly Devices. The interaction with the Website and its features might be related to the processing of various types of data for different purposes:

Personal data controller is Shelly Europe Ltd. (former company name Allterco Robotics EOOD), UIC: 202320104, having its seat and registered address in the city of Sofia, No 103 Cherni Vrah Blvd.

The Data Protection Officer will respond to all your queries regarding the processing and protection of personal data. You can contact him/her via email at the following address: dpo@shelly.com

Data subjects, whose data can be processed – individuals – consumers or representatives of legal entities who are visiting the Website and/or interacting with the Website in any way, including but not limited to placing a purchase order, submitting support requests etc. (“Client”)

Shelly Europe Ltd. in its capacity of administrator of the Website processes personal data mainly for the purposes of offering and promoting the devices branded Shelly, processing and delivering of Orders and assisting the users of the Devices with technical support for the activation, maintenance and service of the Devices and the Website.

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

Submission of an Order through the Website constitutes an offer for conclusion of a distance contract for purchasing of goods. We process personal data for the purposes of conclusion of the Contract and its performance on our part.

1. Types of personal data that we process

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

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1.1. Data concerning the person ordering (the Client):

• Name and family name;
• Delivery address;
• Phone number;
• Email address;
• IP address;
• Account’s data (for registered Clients)

1.2. Payment data (according to the preferred method of payment)

• Payment data via bank (bank transfer or card payment)
• Payment data via Pay Pal account;

On a legal basis, when payment requires an accounting document to be issued:

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1.3. Accounting data pursuant to the Value Added Tax Act:

• Full name of the Client when the latter is an individual or a representative, when the person ordering is a legal entity, with the exception of a statutory representative, registered in the Commercial Register;
• VAT identification number.

Based on legitimate interest, in order to provide you with the necessary administrative and technical support in respect of future or current Orders and use of Devices and Services, as well as to maintain the availability of the Website and its functionalities accessible and uninterrupted:

•  

1.4. Consumer data:

• Contact phone number
• Email address;
• Calls to the call centre;
• Chat conversations with a contact centre;
• Order details;

1.5. Device data:

• Model and serial number of the Shelly Device;
• ID (unique number of the Shelly product)
• Information stored on the Shelly Device (only when the Device is provided to the repair shop without it being deleted by the consumer in advance)

1.6. User data:

• IP address;

Based on explicitly stated consent for the purposes of:

• creation and management of Account, to the extent that registration on the Website is not mandatory for its use and creation of Account is a matter of free choice on the part of the Client for tracking and managing his/her Orders:

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1.7 Account data;

• Name and family name;
• Email address;
• Phone number;
• Password;
• A list of chosen products;
• A list of delivery and invoice addresses entered by the Client;
• Order history;
• History of profile visits;
• Downloaded applications;
• Discount vouchers;
• A list of payments (without stating transaction data);
• A list of reimbursed amounts for returned or cancelled Orders;
• Publishing of feedback/reviews

• Receiving direct marketing messages, including personalised offers, promotional activities and other marketing activities

1.8. User data

• Email address;

• Participating in contests, marketing campaigns and marketing surveys:

1.9. User data

• Email address;
• Name;
• Address (if an award / gift is provided for the purpose of their delivery);
• Phone number (if an award / gift is provided for the purpose of their delivery);
• Any further personal details that might be specifically required for the purposes of the specific contest, campaign or survey;

Shelly Europe Ltd. processes data for business analysis of the sales extrapolated as depersonalized anonymous data (on the basis of legitimate interest):

1.  

1.10. Anonymized data

1. Statistical information for the total number of visits on the Websites and determination fo the incoming traffic to the Websites, effected deliveries, requests for assistance and complaints accepted;
2. Improvement of the services and products provided by Shelly Europe Ltd..

 

2. Purposes of personal data processing:

2.1. Data concerning the Client for the purposes of:

1. Receipt, processing and performance of purchase Orders;
2. Delivery by courier or post services to the delivery address stated in the order or additionally stated by the person ordering via a call centre or order form;
3. Invoicing and payment (including by payment on delivery);
4. Making a contact with the person ordering regarding the order made and subsequent delivery;
5. Sending notifications regarding the status of the order and delivery-related issues;
6. Provision of coupon codes;
7. Sending notifications for direct marketing and advertising upon explicit consent on your part, including provision of information via email or SMS concerning new products and/or services and joint promotions with our partners upon explicit consent on your part;
8. Provision of warranty service;
9. Servicing inquiries related to the Product and Services offered on the Website;
10. Servicing the order process and its resuming in case of technical disruption, as well as for the purposes of ensuring the security of the Website and the services provided through it;
11. Provision of information concerning checks or protection of legal interest in administrative or court proceedings;
12. Improving the service;
13. Provision of information concerning the services and products, including information regarding orders, receiving of signals and complaints via calls to a call centre or a chat channel;
14. Provision of support and warranty services if necessary for removal of technical malfunction, including remotely via a call to a call centre or a chat channel;
15. Email verification or SMS message for ensuring security of access to data concernig your profile and Shelly Device upon provision of repair service;
16. Processing of submitted complaints, pleas, signals and statutory claims;
17. Improvement of servicing;

2.2. Payment data for the purposes of:

1. issuance of accounting document (invoice) containing the requisites required by law in case its issuance is necessitated by law or is explicitly required by the person odering;
2. Certifying incoming payments made by bank, PayPal or payment on delivery;
3. Making payments in relation to exercised right of cancellation, complaint, compensation, etc.

2.3. User data for the purposes of:

1. Direct marketing, including personalised offer upon explicit consent on your part, including provision of information via email or SMS concerning new products and/or services
2. Administration and performance of contests, marketing campaigns and marketing surveys;
3. Direct marketing and administration of joint promotions/marketing campaigns/constests etc. with our partners upon explicit consent on your part;

2.4. Device data for the purposes of:

1. Provision of repair services and maintenance as regards the correct functioning of the products and applications, including remotely. To facilitate our Clients and to the extent that the Devices and Applications allow so, it is possible that technical issues concerning their functioning be removed remotely. Remote diagnostics is not possible without data for the Device in question;
2. Provision of repair services of the Device on the spot in our service centre;
3. Processing of submitted complaints, pleas, signals and legal claims.

2.5. Profile data for the purposes of:

1. Provision of information for tracking and management of Orders;
2. Provision of discount vouchers (coupon codes);
3. Direct marketing, including personalized offers (when the Account owner has consented to receive such marketing notifications);
4. Providing new, better products and services, customized for the individual needs of the Client;

2.6. Anonymized data for the purposes of:

1. Statistical analyses of the total number of website visits, effected deliveries, accepted requests for assistance and complaints;
2. Analysis of consumer experience upon the use of the Devices and Applications in view of their improvement in response to consumer expectations.

3. Third parties to whom we provide your personal data:

Courier companies and post services, effecting the delivery of confirmed orders through the Website and payments made thereto;

Payment services suppliers for the purposes of effecting a payment or reimbursement of amounts upon exercising a right of cancellation of a product purchase, as well as for accounting purposes in accordance with the legal requirements;

Call (contact) centres which help us assist you in cases of issues concerning use, settings and functioning of the Application and Device, as well as for servicing of applications for delivery, responses to queries and notification in cases of orders made;

Consultants in various fields for the purposes of protection of our legitimate interests in the maintenance and improvement of service quality, compliance with statutory requirements, protection of legal rights and interests in court and administrative proceedings; financial and accountancy reporting;

State bodies and authorities in relation to checks performed by them in accordance with statutory requirements and limitations;

Persons affiliated with Shelly Europe Ltd. in connection to the use of shared technical and human resources, transformations and others.

Marketing agencies and suppliers of services concerning sending of messages for marketing and advertising.

Providers of online based technical solutions ensuring the proper functioning and maintenance of the Website.

Subsidiary and affiliated companies within the same economic group to which Shelly Europe Ltd. belongs,, based on the shared technical and administrative resources.

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

 

4. Data is processed within the following time limits:

4.1. Data processed for the purposes of conclusion and performance of the distant sales contract – the limitation periods for asserting legal claims as provided by Bulgarian law;

4.2. Data processed for accounting purposes – as provided by Bulgarian law;

4.3. Data provided on the basis of consent – until its withdrawal by way of written application directed to Shelly Europe Ltd. at support@shelly.cloud. In cases of consent granted for direct marketing and advertising you can withdraw you consent with a click on the link “unsubscribe” in the e-mail or by sending an e-mail to support@shelly.cloud. You can always withdraw your consent also online through the options of your Account (when applicable).

4.4. Data for and in the Account – until the Client deletes its Account;

Following the expiry of the time limits stated above, the data shall be deleted and cannot be restored or used any longer. The data shall not be deleted but continue to be processed only for the purposes of protection of our legal rights and interests or in performance of our legal obligations in the event that as of the date of expiry of the time limit stated above there is pending court, administrative or pre-court proceedings – until its completion by way of a final and non-appealable act depending on the type of proceedings.

 

5. Your rights as regards your personal data:

5.1. Right of access, including right of copy of the data that are being processed:

At any given time you have the right to request information regarding your personal data which we store. You can contact us and based on a written request and proving of your identity your data will be provided to you.

When you have signed up for an Account, you can also exercise this right through the options of the Account.

5.2. Right to correct inaccurate personal data

You have the right to request correction of your personal data if the data is inaccurate, including supplementing incomplete personal data. This you may do through your profile via the mobile application or by referring to us by way of a written request, following due certifying of your identity.

When you have signed up for an Account, you can also exercise this right through the options of the Account.

5.3. Right of erasure („The right to be forgotten“) in the following cases:

1. Removing the need for processing;
2. Withdrawal of consent when processing is on the basis of consent;
3. Illegal processing of data;
4. Statutory obligation for erasure;

The right to be forgotten is not an absolute right and may not be respected in cases provided by law, its exercise is exercised following due certification of your identity.

When you have signed up for an Account, you can also exercise this right through the options of the Account.

5.4. Right to restrict processing when:

1. the veracity of data for the period when their veracity should be checked is being disputed; or
2. processing of data has no legal ground and instead of erasing it you want to restrict their processing; or
3. data is necessary for establishing, exercising or protecting your personal legal claims; or
4. objection for processing of data has been submitted pending a check as to whether the grounds of the controller are legal;

in the event of correction, erasure or restriction of processing we will notify each recipient whose personal data has been disclosed unless this is not possible or requires disproportionate efforts.

​​​​​​​5.5. Right to transfer of machine-readable data

When processing your personal data in an automated manner on the basis of your consent or a contractual ground, you have the right to receive a copy of your data in a structured, widely used and machine-readable format. The data will be provided directly to you or, at your request, it is technically possible to submit it to another controller of your choosing.

When you have signed up for an Account, you can also exercise this right through the options of the Account.

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

You have the right to object to processing of your personal data on the basis of the legitimate inerest of the controller. Shelly Europe Ltd. will not continue to process your personal data unless it is proven that there are convincing legal grounds therefor, which prevail over your interests and rights or due to court disputes and other proceedings-related or non-proceedings-related actions.

​​​​​​​5.7. Right to object to direct marketing:

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

5.8. Right to a complaint befofe 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.

5.9. Right to withdraw the consent granted.

• Consent to direct marketing and advertising – by sending of notification to the address for cancellation stated in the direct marketing and advertising communication or using the options of your Account;
• Consent to access a Profile in the Application – by changing the password to access the Application;
• Consent to sign up for and maintain an Account – by deleting it.

Upon withdrawal of consent processing of the respective type of personal data for the stated purposes shall be terminated. Withdrawal of consent shall not prejudice the legality of processing based on the consent granted prior to its withdrawal.

Unless it is stated otherwise, the above mentioned rights shall be exercised by way of a written request in a format determined by Shelly Europe Ltd. which may accessed at the seat of the controller or electronically following query to the Data Protection Officer at dpo@shelly.com and filling in an electronic form received in response.

A reply to your query shall be sent within a month as of receipt of the written request on our side. In the event when the request presents a factual and/or legal difficulty, as well as in the case of a large number of requests received by the Controller this time limit might be prolonged by two months.

 

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

We do not use automated algorithms and/or profiling.

 

7. Referrals to other websites

The Websites contain referrals to websites of third parties. Shelly Europe Ltd. shall not be liable for the protection of your personal data processed by these websites. Please acquaint yourself with the policies uploaded on these websites in connection to the protection of your personal data and the grounds for processing your personal data applied by them.

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