Privacy Policy
Last update: may, 24th of 2018.
The following Privacy Policy regulates the protection of personal data on the
"www.faerlyn.com" website (hereafter "Website").
Faerlyn (hereafter "Faerlyn") has adopted a Privacy Policy to guarantee that the
collection, storing and use of the personal data provided by the users that
access the Website (hereafter "Users") are made in compliance with the irish and
european regulations on personal data protection in force.
For this reason the processing of personal data will be based on principles of
correctness, lawfulness and transparency for the protection of the User's
privacy and of his rights.
The following information, in pursuance of article 13 of the Regulation (EU)
2016/679 "General Data Protection Regulation" (GDPR), is provided by Faerlyn to
enable the User to be fully informed about the Privacy Policy adopted and
applies each time he visits the Website, surf through its pages or use its
services.
This information applies only to the "www.faerlyn.com" website, so it does not
concern any other website that may be visited via deep links present in the
"www.faerlyn.com" website.
1. Data controller
The data controller of the personal data collected through this website is
Faerlyn, 278 Glasnevin Avenue, Glasnevin, Dublin 11, Ireland, email address
info@faerlyn.com.
2. Optional or compulsory communication of personal data
Communicating personal data to Faerlyn when requested in any of the many
instances where personal data is collected through the Website may be essential
in order to achieve the purposes set down by the communication itself, or not
prejudicial in this regard.
The compulsory or optional nature of the data provision is specified each time,
with reference to the specific data requested, at the point of input for each
data collection, by marking compulsory information with an asterisk (*).
If the User refuses to communicate the information marked as compulsory to
Faerlyn, it will be impossible to achieve the main purpose of the specific data
collection: such a refusal might, for example, make it impossible for Faerlyn to
provide the services available (answer the User's requests, etc.).
Communicating additional data to Faerlyn, other than those marked as compulsory,
is optional and will not produce any consequences with regard to the main
purposes of the collection (such as using the Website and its services, for
example).
3. Personal data collected
3.1 Navigation Data
The information systems and software procedures relied upon to operate the
Website acquire personal data as part of their standard functioning; the
transmission of such data is an inherent feature of Internet communication
protocols.
Such information is not collected in order to relate it to identified data
subjects, however it might allow user identification per se after being
processed and matched with data held by third parties.
This data category includes IP addresses and/or the domain names of the
computers used by any user connecting with this Website, the URI (Uniform
Resource Identifier) addresses of the requested resources, the time of such
requests, the method used for submitting a given request to the server, returned
file size, a numerical code relating to server response status (successfully
performed, error, etc.), and other parameters related to the User's operating
system and computer environment.
These data are only used to extract anonymous statistical information on Website
use as well as to check its functioning; they are erased immediately after being
processed. The data might be used to establish liability in case computer crimes
are committed against the Website; except for this circumstance, any data on web
contacts is currently retained for no longer than seven days.
3.2 Cookies
Cookies are small text files that are sent to the User's device (usually to his
browser) by the websites you visit. Cookies are stored in the device to be
recognised by those websites on the User's subsequent visits. For more
information on cookies, on the types of cookies used on this Website, on how to
disable them and on how the User can revoke his consent, see the Website's Cookie Policy.
3.3 Data provided voluntarily by Users
The personal data requested and processed to use the available services offered
by the Website (ex. contact form, etc.) is limited to the minimum necessary to
provide the requested service (see "4. Methods of processing" and "5. Purposes
of data processing and legal bases of processing").
Sending email messages to the addresses mentioned on this Website, which is done
on the basis of a freely chosen, explicit, and voluntary option, entails
acquisition of the sender's address, which is necessary in order to reply to any
request, as well as of such additional personal data as is contained in the
messages.
4. Methods of processing
Personal data processing is conducted primarily by means of information systems
and electronic devices by Faerlyn and other parties who, selected with care for
their reliability and competence, conduct operations that are essential in order
to achieve the purposes strictly related or necessary for the use of the Website
and its services (see "6. Categories of recipients, comunication and
dissemination of personal data").
In processing personal data that may, directly or indirectly, identify the User,
Faerlyn aims to apply the principle of strict necessity.
For this reason the Website is setup to reduce use of personal data to the
absolute minimum: therefore, the User's personal data is not processed when the
purpose of the specific activity can be achieved by using anonymous data (such
as market surveys intended to improve services) or by means of other methods
that make it possible to identify the person involved only if strictly necessary
or at the request of authorities or the police (such as site traffic data, the
time spent visiting the Website or the IP address).
5. Purposes of data processing and legal bases of processing
Faerlyn will process the User's personal data for very specific purposes and only if there has been met the requeirements of one of the following legal basis, as provided from the personal data protection and privacy legislation:
- the User has freely given his specific, informed, unambiguous and affirmative consent to the processing of said data;
- the processing is necessary to the performance of a contract to which the User is a party or to take pre-contractual measures at his request;
- for the purposes of the pursuit of Faerlyn’s legitimate interests;
- Faerlyn has a legal obligation to process said personal data.
The following lists the purposes for which the User's personal data can be processed by the Controller and the legal bases for said processing:
-
To answer to a query or a request from the Data Subject
Legal basis: Implementation of pre-contractual measures adopted at the request of the Data Subject.
Example: handling of User's technical or commercial requests, concerning any form of information request from email or online form; contacting the managers of the Website's services (User Care, Buying Office, Press Office, etc.); evaluating requests on the behalf of the User to be included in the Faerlyn personnel by submitting his CV. -
To maintain the Website correctly functioning
Legal basis: Performance of a contract.
Example: cookie management. -
To comply with laws and regulations relevant to the activities of
Faerlyn and to exercise and defend legal claims
Legal basis: Legitimate interest.
Examples: to establish responsibility in the case of cyber crime that has caused damage to the Website; the detection, prevention, mitigation or verification of fraudulent or illegal activities relating to the services provided on the Website; the performance of security controls required under law.
Furthermore, and always subject to the User's prior consent, the personal data may be included in the Faerlyn's customer data base, managed and processed for the following purposes:
-
For profiling purposes
Legal basis: Performance of a contract.
Example: the performance of studies, analyses and statistical and/or market research, with relation to preferences on products, so that a personalized service may be offered, and to promote cultural and recreational activities that may be of the User's interest. -
For marketing purposes
Legal basis: Performance of a contract.
Example: sending and/or contacting the User (by post, telephone, email and other forms of electronic communication) regarding information and promotions, including of a commercial nature, advertising material, catalogues and invitations to events, related to Faerlyn products and services.
In any case, specific summary notices will be shown and/or displayed on the
pages that are used for providing services on demand.
The provision of the User's personal data is necessary in all instances in which
processing is a legal requirement or necessary to the performance of a contract
to which he is a party or to the implementation of pre-contractual measures
adopted at his request. Any refusal on the User's behalf may make it impossible
for Faerlyn to perform the task for which the personal data has been collected.
The provision of the User's personal data, however, is voluntary for any further
purposes and failure to give his consent in such cases will have no effect on
the completion of the contract. The obligatory or optional nature of the
provision of data will be specified at the moment of its collection.
Faerlyn may find itself processing personal data of third parties, communicated
directly to Faerlyn by its own Users, such as when a User wishes to inform a
friend about a service present on the Website.
In these circumstances, Faerlyn will deliver the notice pursuant to articles 13
and 14 of the Regulation (EU) 2016/679 "General Data Protection Regulation"
(GDPR) to the third party, when the personal data of the same is registered in
its archives, it is however the User's own responsibility to obtain consent from
this person before communicating his/her personal data to Faerlyn and to inform
him about this Privacy Policy, because the User will be the sole person
responsible for communication of information and data about third parties
without them having granted their consent or in the event that such data be used
in an illicit or improper way.
Faerlyn wishes to inform the User that the consent of these persons is not
required when their data is communicated to Faerlyn in order to conclude a
contract with Faerlyn in their favour.
6. Categories of recipients, comunication and dissemination of personal data
The User's personal data may be made accessible for the abovementioned purposes, to:
- Employees and staff of the Controller who, for that purpose, have been tasked with data processing, for the implementation of organisational, administrative, financial and accounting activities.
- Third party service providers which perform activities on behalf of Faerlyn or which are entrusted by Faerlyn with certain task or parts thereof, that are required for supplying or distributing the services offered through the Website (for example: hosting companies, project managers, programmers, system esxperts and database administrators), or whose activity is connected, instrumental or supportive of that performed by Faerlyn (for example, subjects to whom Faerlyn can assign customer care activities; subjects who carry out technical or organizational type of activities, such as press services, mailing, transmission, transport, and sorting of communications; consultants). In such case, these subjects will be appointed as personal Data Processor. The full list of Data Processors is available upon request by writing to Faerlyn, or sending an email to info@faerlyn.com.
- Any entity (Public Authorities includes) which may access to the personal data based on statutory and administrative provisions.
- Any public and/or private subject, individuals and/or entities (legal, administrative and tax consultancy firms, Judicial Authorities, Chamber of Commerce, Labour Authorities, etc.), if the disclosure is required or functional for the correct performance of the contractual obligations, and also of the statutory obligations.
The User's personal data will be communicated to third parties only with his
express consent, except for the cases when such communication is obligatory by
law or is required for purposes envisaged by the law, for which the person’s
consent is not required; in these cases the personal data may be made available
to third parties who will process the data autonomously and exclusively for such
purposes (for example, in reply to a request from police or the courts or other
competent authorities.
The User's personal data will not be used for promotional purposes by third
parties not arising from Faerlyn and shall not under any circumstances be
disseminated to unknown persons.
The User's personal data will be processed within the European Union and stored
on servers located within the European Union.
Faerlyn wishes to inform the User that his personal data will not be transferred
abroad to countries that do not belong to the European Union that do not provide
a sufficient level of privacy protection.
If such a transfer should be necessary to provide him with the services of the
Website or to conclude a contract with Faerlyn for purchasing products or
services, the User's personal data will not be transferred to countries that do
not belong to the European Union and do not provide a sufficient level of
privacy protection unless specific agreements are concluded by Faerlyn with such
parties, in accordance with applicable laws and regulations.
7. Period of retention of personal data
Personal data processed for the purposes described above will be held in
compliance with the principles of proportionality and necessity, and, in all
cases, until the purposes of the processing have been completed.
Data processed for marketing and profiling purposes will be kept from the moment
the User gives consent until the moment it withdraws the consent. Once consent
is withdrawn, data will no longer be used for these purposes, although they may
still be kept by Faerlyn, in particular as may be necessary to protect its
interests related to potential liability related to this processing unless
further clarification are provided by the competent Supervisory Authority in
this regard.
The Data processing to improve the user experience on the Faerlyn's Website will
be kept for the periods indicated in the Website's Cookie
Policy.
8. Privacy rights of Minors
With regards to the functionalities of the Website, Faerlyn does not
intentionally collect personal data of Minors. According to the applicable Laws,
the Parent must grant his consent to the collection of the personal data of the
Minor; the comunication of personal data by the Minor shall be therefore be
authorised by the Parent and carried out under the supervision of the Parent
himself, for that reason, the e-mail address supplied must be the e-mail address
of the Parent. The parent has the right to review and to request the removal of
the personal data of the Minor.
9. Security measures
Faerlyn adopts security measures that are sufficient to reduce the risks of
destruction or loss of data, even if accidental, to a minimum, to impede
unauthorised access, illicit types of processing and processing that is not in
accordance with the purposes of collection as indicated in our Privacy Policy.
However, Faerlyn cannot guarantee its Users that the security measures adopted
to protect the Website, data transmission and information on the Website, limit
or exclude any risk whatsoever of unauthorised access or dispersion of data via
user devices: Faerlyn advises the Users to ensure that their computer is
equipped with appropriate software to protect data transmission on the network,
both incoming and outgoing (such as up to date antivirus systems) and that their
Internet service providers have also adopted adequate security measures to
protect network data transmission (such as a firewall and antispamming filters).
10. Deep links to other websites
The Website may include deep links to other websites that may have no relation
to Faerlyn.
Faerlyn does not control or monitor such websites or their contents. Faerlyn may
not be held responsible for the contents of such websites and the rules they
apply, even with regard to the User's privacy and processing of their personal
data during their navigation on their pages. Faerlyn therefore invites the User
to be careful when he enters these sites via links on the Website and to read
their privacy policy and conditions of use very carefully. Faerlyn's Privacy
Policy does not apply to the websites of other companies.
The Website provides links to these websites exclusively to facilitate the Users
in their research and navigation and to facilitate hypertextual links to other
websites on the Internet. Such links do not represent any sort of recommendation
or promotion of access or navigation by Faerlyn, or any guarantee of their
contents, or the services and goods they may offer or sell to Internet users.
11. Data subject's rights
Under articles 15 – 21 of Regulation (EU) 2016/679 (GDPR), the User has the following rights, in relation to the Personal Data he provides:
-
To access and request a copy
The data subject shall have the right to obtain from the controller confirmation as to whether or not personal data concerning him or her are being processed, and, where that is the case, access to the personal data and the following information:- the purposes of the processing;
- the categories of personal data concerned;
- the recipients or categories of recipient to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations;
- where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
- the existence of the right to request from the controller rectification or erasure of personal data or restriction of processing of personal data concerning the data subject or to object to such processing;
- the right to lodge a complaint with a supervisory authority;
- where the personal data are not collected from the data subject, any available information as to their source;
- the existence of automated decision-making, including profiling.
-
To request rectification
The data subject shall have the right to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement. -
To request erasure
The data subject shall have the right to obtain from the controller the erasure of personal data concerning him or her without undue delay and the controller shall have the obligation to erase personal data without undue delay within the limits and under the conditions established by the current legislation.
The controller shall take reasonable steps to inform controllers which are processing the personal data that the data subject has requested the erasure by such controllers of any links to, or copy or replication of, those personal data within the limits and under the conditions established by the current legislation. -
To obtain restriction of data processing
The data subject shall have the right to obtain from the controller restriction of processing within the limits and under the conditions established by the current legislation. -
To object to the processing
The data subject shall have the right to object at any time to the processing of personal data relating to him that is carried out in the pursuit of Faerlyn's legitimate interests.
When the data subject object to the processing of his personal data, the Controller will refrain from further processing his personal data, except where convincing legitimate reasons for continuing with the processing have been established or for the verification, exercising or defence of a right in a court of law. -
To withdraw consent at any time
The User has the right to withdraw consent at any time, without affecting the lawfulness of processing based on consent before its withdrawal, if the processing is based on point (a) of Article 6 (1) or point (a) of Article 9 (2), of the Regulation (EU) 2016/679 "General Data Protection Regulation" (GDPR). - To receive in a commonly-used structured form readable on an automatic device and to transmit without impediment said data to another Data Controller in the case that this is technically feasible
-
To make a complaint to the relevant Data Protection
Authority
The User has the right to make a complaint to the irish Data Protection Commission, Canal House, Station Road, Portarlington, Co. Laois, R32 AP23, Ireland, email info@dataprotection.ie.
The User may freely exercise his rights at any time by sending a written request
to Faerlyn, to the mailing address or to the email info@faerlyn.com, and Faerlyn
will reply promptly.
To ensure that his personal data is always exact, up to date, pertinent and
complete, the User is asked to advise Faerlyn of any variations by writing to
info@faerlyn.com.
12. Applicable law
This Privacy Policy is regulated by the irish law and, in particular, by the
Regulation (EU) 2016/679 "General Data Protection Regulation" (GDPR), which
regulates the processing of personal data, including data stored abroad,
effected by anyone who resides or has a business office in the European Union
and the European Economic Area.
The Regulation guarantees that the processing of personal data must be conducted
in accordance with the fundamental rights and liberties as well as the dignity
of the person, with particular reference to confidentiality, personal identity
and the right to protection of personal data.
13. Variations and updates of the Faerlyn Privacy Policy
Faerlyn may modify or simply update this Website's Privacy Policy, in part or
completely, even owing to variations of the laws and regulations that govern
this matter and protect the User's rights.
Such variations and updates of the Privacy Policy will be notified to Users on
the Home Page as soon as they are introduced and will be binding as soon as
published on the Website. Faerlyn therefore invites the User to visit this
section often to read the most recent and updated version of this Privacy
Policy.
14. Contacts
If the User wishes to receive more information about how Faerlyn processes his
personal data, he can write an email to info@faerlyn.com.
