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PERSONAL DATA PROTECTION POLICY

 

1. GENERALITIES

We take care of your personal data! Their processing strictly complies with your rights and liberties and we notify you in this respect our privacy and personal data protection policy.

As for the purposes of this document, "Magnolia" refers to Comgaby Moln SRL Company, Romanian legal person headquartered in Susenii Bârgăului nr. 261 A, Bistrița-Năsăud County, registered with the Trade Register under number J06 / 251/1997.

Magnolia is a registered as Data Operator with the following registration number assigned by the National Supervisory Authority for Personal Data Processing: 32414.

Remember that by visiting and using www.magnolia.com (shortly the "Website" or the "Platform"), you provide us multiple data about you.

You also provide personal data when visiting our florist’s shops or when you place orders (in florist’s shops or on the website).

In short, Magnolia may hold information about you, information provided directly by you (by filling in the registration forms, by electronic mail, by order, by contracts etc.) or information about you as recipient of orders of other Magnolia’s clients.

This information may include: surname, name, address, telephone numbers, information on how you use our services and products, information on order placement, payment processing and delivery of ordered products and services, technical information collected through so-called Cookies.

In all situations, processing will be limited to what is strictly needed in relation to the legitimate aims for which these data were provided or collected by Magnolia.

The in force legislation on personal data protection enforces a number of different reasons why a company can collect and process your personal data, including:

 

(i) The consent

In certain situations, we can collect and process data only with your consent.

As for example, when you tick an intended box in order to receive newsletters/Magnolia’s newsletters.

 

(ii) Contractual or pre-contractual obligations

Under certain circumstances, we need your personal data to comply with binding contractual obligations.

As for example, if you order a home delivery product, we shall collect your address, your data of identification, and the data needed to perform the contract.

 

(iii) Legal obligations

If the law enforces, we may process your data.

As for example, we can provide details about people involved in criminal activities / frauds and so on.

 

(iv) The legitimate interest

In certain situations, we ask for and process data on our legitimate interest, in a manner that may be reasonably deemed necessary for our activity running or optimizing and / or for the improvement of Magnolia’s products / services.

In all situations, processing will not have a significant impact on your rights, liberties or interests.

As for example, we should be able to use purchases history as to develop and offer new services / products according to your requirements.

In order to get more details on categories of registered data, the aims of processing, legal ground and processing length, please refer to the sections below.

2. WHEN CAN WE COLLECT YOUR DATA?

We can process your data when:

-          you visit Magnolia website or applications (already available or pending for implementing);

-          you purchase a product or service online or in Florist’s shops

-          you open an Account on www.magnolia.ro

-          downloading or installing one of our applications

-          signing up for a loyalty program

-          you contact us by any means for requests / suggestions / complaints / rights exercising / additional information

-          signing up for Magnolia competitions or promotions

-          in certain situations, you partake to surveys / statistics regarding our products / services

-          reviewing our products and services or leaving any comments on chat as available on the website or on Facebook

-          filling in our forms

 

3. WHAT CATEGORIES OF DATA DO WE COLLECT?

Information provided if you choose to open a Magnolia account (surname, name/s, e-mail address, and telephone number).

 

Please note that opening an account on our Website is by no means mandatorily; to the extent that you choose not to become a Magnolia User, you can still place orders on the website, but you will not be able to use the dedicated Magnolia User’s Modules (e.g., orders history, current addresses, etc.).

 

Information needed to process and validate orders and deliveries;

 

Details about your purchases’ history as User;

 

Details provided as to recommend products and services of your interest and to improve your shopping experience. Of course, it is always your choice if you share such information with us;

 

The details of your interactions with us through our contact points, in the florist’s shops, on the Website, or by using one of our applications or Facebook;

 

As for example, we record details of any complaints or comments / inquiries submitted by you, details of your purchases, items displayed or added to your shopping cart;

 

Details about visits to our websites or applications;

 

Technical information collected by means of cookies. Learn more about how do we use cookies and similar technologies in Cookies section.

 

Your comments and reviews about Magnolia’s products and services;

 

Your social media username if you interact with us through these channels, to help us respond to your comments, questions or feedback.

 

When you visit our florist’s shops, yours imagine may be recorded by the security cameras.

 

If you place an order on the website, we shall process the following information:

 

-          As regarding the User: the log-in details, identification data (surname, name/s, telephone number), personal message related to the order or other notes you consider necessary, client’s signature (as for example, it may include a nickname), if applicable.

 

If you place an Order as Visitor and not as a User, the following data shall be processed: surname, name/s, e-mail address, and telephone number, personal message related to the order and client’s signature, if applicable.

 

If you place an Order as Client in Magnolia Florist’s Shops, we shall process the following data related to you: surname, name/s, e-mail address, and telephone number.

 

If you are a deputy of a legal person, we shall strictly process the data provided by the law for the correct adding and registration of the accounting papers.

 

If Magnolia’s Client does not want to sign or the delivery shall be a surprise or anonymous, the processing shall be limited to what it is strictly necessary for order achievement and products delivery to the recipient.

 

In any situation, as Client, you are required to provide correct and accurate data and always act in good faith before or when you place an order on the Website or in the Florist’s Shops.

 

Finally, as you already became aware of, we have to use recipient’s data as to be able to deliver your order to the person you want to pleasantly surprise. Consequently, as regarding to bunch / floral arrangement’s recipient we shall process the data filled in by you in the contents of the dedicated form (as for example, the address, surname, name/s, telephone number, order related message, and if the case also the acknowledgement of receipt). 

 

 

4. IN WHAT PURPOSES DO WE USE THE DATA?

 

The purpose is to answer to your request of opening an Account, as to be able to log-in and identify yourself as User, to put at your disposal User dedicated functions and modules, to improve your experience when navigating throughout the website by displayed content optimization, adapting as supposed to be accessed. Processing is based on our legitimate interest in responding to visitors' requests and providing them with the best possible experience on the Website.

 

In order to take over any orders you place through the Website, the applications or Florist’s Shops, or when you ask for orders refund / cancellation, in respect with our contractual or pre-contractual obligations performance, as applies.

 

Supporting you and complying with the submitted orders, adapt, optimize and customize your interaction with www.magnolia.ro, ensuring delivery is achieved according to your request, pursuant our contractual obligations.

 

As to be able to deliver Magnolia’s products and services and offer you the guarantee of prompt compliance of our contractual obligations following order validation, as well as goods / services customization at your request etc.

 

In order to answer to your questions, complaints, when you send us reviews, comments or when you otherwise get in contact with us; it is our legitimate business interest to answer to you.

 

As to protect our business, Website, domain and the software products integrated against fraud and other illegal activities. This includes also the use of your personal data as to maintain, update and protect user accounts. We shall act like this as part of our legitimate interest.

 

We want to protect our clients and premises against possible illegal activities, based on our business legitimate interests.

 

We want to process payments and prevent fraudulent transactions, based on our business legitimate interests.

 

We act like this as to send to you the required communications / information, pursuant our legal obligations;

 

We act like this as to display adequate and relevant content on the Website or our apps; as for example, we may display a list of items that you have recently viewed or present you recommendations based on your purchase history and on any other data you have chosen to share with us.

 

We shall organize and manage promotions and competitions you sign up for on the basis of the expressly granted consent at the time of signing up.

 

As to develop, test and improve the systems, services and products we offer, on the basis of our legitimate business interests.

 

In certain specific situations, to send you survey requests and / or feedback. These messages will not comprise any ad and do not require prior consent when sent by e-mail or by text messages. We have a legitimate interest in doing so because our products and / or services become more relevant to you.

 

5. HOW LONG LASTS THE PROCESSING?

 

The personal data we collect or process is kept in a way allowing identification as long as it is strictly necessary as to achieve processing purposes.

 

As for example: if you choose to disable Magnolia account, the time of your personal data storage shall not exceed 3 (three) months from the date of your Account enabling.

 

At the end of storage period, your data shall be deleted or completely anonymized, so that it can only be used for internal statistical analysis or for developing our business plans.

 

 

6. HOW DO WE ENSURE DATA SECURITY?

 

6.1. Security measures

 

Magnolia has implemented suitable technical and organizational measures pursuant the provisions of Regulation (EU) 2016/679 of the European Parliament and Council (hereinafter referred to as "the Regulation" or "GDPR").

 

The latter are reviewed and updated in real time as to protect your fundamental rights and liberties, including the right to privacy and the right to personal data protection.

 

We regularly monitor our system for possible vulnerabilities and attacks and perform recurrent testing to identify additional, innovative ways to enhance our security (of the Website, Applications, Florist’s shops, etc.).

 

As to ensure data security (as for example, technical support, hosting, IT, development) and delivery of the products and services you ordered, we can only rely on trustful partners offering enough guarantees for implementing the same technical and organizational measures as ours, as for the processing to be in line with your rights.

 

When interrelating with our partners we take into consideration in every situation the following:

 

-          we provide only the data needed as for them to perform the contracts entered into, as for them to execute their specific services

-          our partners may use your data only to the exact extent stipulated by means of the contract and on our documented instructions basis

-          we closely work with our partners as to ensure you privacy is at any time respected and protected

-          your data shall be totally deleted or anonymized when the aforementioned contracts expire / terminate

 

 

6.2. Details on the online payments

The payment of the services on this Website is made through the online payment solutions offered by PayU.

As to remove the risk of unauthorized / unlawful access to your data and their abusive use by third parties, Magnolia and PayU guarantee the security of the implemented IT systems.

 

We remind you on this occasion that bank card information (card number, expiry date, etc.) is never transferred or stored on Magnolia’s, partners’ or on PayU’s servers.

 

As regarding 3D Secure system for payments made with Visa or MasterCard, the information related to your card are entered directly in Visa or MasterCard systems and if your card had been issued by a bank certified in 3D Secure system, the transaction is authorized only after your log in into this system – you enter a code / password known only by you, similarly to PIN code at ATM transactions.

 

 

6.3. Privacy

 

Please remember that your data is not transferred, communicated, sold nor used in any other way except as needed to comply with the aforementioned processing purposes. Despite it, your personal data may be strictly communicated to:

 

-          the competent authorities on the basis of grounded requests and on some legal obligations in this respect

-          Magnolia’s agreed partners as to strictly ensure needed services performance as related to platform and / or its software products hosting and functionality, as to ensure transactions’ security and for the performance of other support services related to our business.

-          bunch’s / floral arrangement’s recipient to the extent you sign its delivery (Sent by:….)

 

 

After all, it is important to consider that you are also liable to keep confidential the password and / or other information needed to log into Magnolia’s account. Please keep safe this information as to prevent any type of security incidents as such as unauthorized access to your personal data.  

 

Magnolia shall not be held liable if the aforementioned details become available for some third parties following your option / negligence or the aforementioned details are not kept under safe conditions by you. In such circumstances, if security incidents appear or security related risks, you shall solely be held liable for their occurrence.

 

 

6.4. Minor aged persons

If you are not yet 18 years old, you should ask your parent or guardian before submitting us any type of data, before asking us to correspond electronically or by any other means.

 

6.5. Notification

Notwithstanding the foregoing, we shall promptly notify you, in maximum 72 hours, any situation that we become aware of any breach of your data security, which may cause major risks for your rights and liberties.

 

 

7. NEWSLETTER

Subscribing to our Newsletter is optional in all cases and it is strictly based on your free choice and consent.

 

If you subscribe to the Newsletter as a User, we shall process the following information: surname, name/s, denomination of the account, your e-mail address; if you subscribe as Visitor, we shall process only your e-mail address.

 

The purpose of processing strictly refers to the communication to the subscribers of the valid offers, birthday reminders for the people you appreciate (name day, important holidays), recommendations about plants and flowers directly from specialists or other information of your interest.

 

The legal basis for processing is your freely expressed consent by ticking the "Subscription" box. Your consent will be checked again through an email request asking you to approve your subscription option.

 

Processing is limited to the time strictly needed for Newsletters submitting to you. Processing shall immediately stop once you choose to unsubscribe.

 

You may at any time withdraw your consent and object to the disclosure of any information by Magnolia according to the method regulated by this paragraph. In this respect you shall submit your unsubscribing option through an e-mail submitted to the following address of contact: dataprotection@magnolia.ro.

 

8. COOKIES

8.1. General aspects

A cookie is a small size data file which the site relates to visitors. The cookies have nothing to do with spyware, malware, malicious code sequences or general code sequences.

The cookie files cannot run automatically and cannot access you data stored on the hard disk of the electronic device used for Site accessing.

We use cookies and this isto ensure that our Site runs inthe best conditions and the displayed content is interesting and relevant for you, providing you an excellent navigation and shopping experience on www.magnolia.ro.

The cookies offer you a series of facilities as follows:

If you agree with the use of cookies, by reading this policy and ticking the dedicated box, Magnolia.ro may store the details on visited pages, time, frequency and the history of your visits on site, your location, technical data on your device and / or used browser, the connection between the User’s browser and User’s Account, interests and preferences as applies, etc;

It is important to remember that you have at anytime the possibility to change/update the settings of the browser as for the cookie type file to be disabled by default.

The browser offers you the possibility if you want toopt-in or outcookies. Any browser in general offers you the possibility to opt-in, out or delete cookies in any moment.Please find below some instructions to remove cookies, depending on the browser you use.

Browser

Link Instructions

Google Chrome

https://support.google.com/chrome/answer/95647?co=GENIE.Platform%3DDesktop&hl=ro

Internet Explorer

 

https://support.microsoft.com/ro-ro/help/278835/how-to-delete-cookie-files-in-internet-explorer

 

Mozilla Firefox

 

https://support.mozilla.org/ro/kb/sterge-cookies-pentru-elimina-informatiile-stocate-computer

 

Safari

https://support.apple.com/kb/ph21411?locale=ro_RO

 

 

Finally, if you remove / block / delete cookie files it is possible that certain sections of the site to function less proper and / or your preferences saved on the Site to be deleted / disabled.

8.2. Categories

Cookie files used by Magnolia may be divided in the following categories:

8.2.1. First party and third parties Cookies

 

 

In our case, third party cookies are provided by facebook.com, ssl.zoomanalytics.co, capturly.com, doubleclick.net, google-analytics.com, olark. These may vary to a certain extent.

 

By means of third party cookies, as those provided by Google (https://privacy.google.com/businesses/adsservices/),we collect data as browser activity when you access the Site, the way of navigating towards our Site, the time our Site is accessed and its traffic, navigation history on our site, products and services search, magnolia.ro (most) visited pages, purchased products and services. By using the data about Internet navigation, the cookies facilitate customized ads delivery based on visitors’ interests. Without these latter cookies, the content and ads you may meet regarding magnolia.ro would be less relevant for you.

8.2.2. Technical, functional, analytical, advertising cookies

Depending on cookies aim and utility these enter the following categories:

 

For more data on Cookie files used and their providers please consult sections 8.3 and 8.5 available below.

8.3. Social media, Plugings& Widgets

Please note that on Site we use buttons and instruments provided by social media channels (displayed on Homepage, on the right below). These allow you to share content and interrelate with social networks as Facebook, Twitter, Instagram, Pinterest, Youtube, Goog Plus.

These social media platforms use own Cookies. It is important to remember that Magnolia.ro does not control the settings of these latter cookies, consequently we suggest you check social media sites for more data on their cookies and how you can manage them.

for Facebook    http://www.facebook.com/policy.php

for Google Plus            https://policies.google.com/privacy?hl=ro

forYoutube       https://support.google.com/youtube/answer/2801895?hl=ro

for Instagram    https://help.instagram.com/155833707900388

for Pinterest                  https://policy.pinterest.com/ro/privacy-policy

 

8.4. Processing

Your personal data processing and storage is to be performed on your previously expressed consent basis by ticking the corresponding field on magnolia.ro platform.

In any case, processing will never have a significant impact on your rights, liberties or interests and shall always be limited to which is strictly necessary in relation to legitimate purposes for which these data were provided or collected.

8.5. Cookie files and Providers

Please find below some cookie type files, with the below mentioned aims and storage periods:

File name

Provider

Intended purpose

Storage period

Type

Needed for Platform optimum running

 

 

 

 

 

__cfduid

capturly.com

Used for Cloudflase content network as to identify trusted web traffic

 

utmost 1(one)  year

HTTP

PHPSESSID

magnolia.ro

Stores user’s session status depending on web page requirements.

during the session

HTTP

Pop_acord/new

magnolia.ro

Current Cookie bar

Utmost 0.5 hours

HTTP

__utmt

magnolia.ro

Used to control requests speed to the server.

 

during the session

HTTP

CookieConsent

magnolia.ro

Stores user’s cookie agreement for the current domain.

utmost 1(one)  year

HTTP

rating[id produs]

magnolia.ro

As to not allow more voting for a product by the same user

utmost 1year

HTML

AWSELB                                                              

ssl.zoomanalytics.co

Used to share site traffic on more servers for optimizing response times

 

during the session

HTTP

Advertising and Marketing

Popup si popup2

magnolia.ro

 

As to ensure the possibility to present Magnolia offers / promotions on Site

 

Utmost 1 hour

HTTP

IDE

doubleclick.net

As to measure the efficiency of an ad and presentation of more relevant ads for visitors / users.

 

2 years

HTTP

Fr

Facebook.com

Used by Facebook as to deliver a series of advertising products.

 

Utmost 3 months

 

HTTP

NID

Google

As to deliver some ads having relevant content for recurrent visitors / users.

 

Utmost 6 (six) months

HTTP

 

 

 

 

 

ads/ga-audiences

Google

Used to attract visitors possibly future clients.

Utmost 3 (three) months

HTTP

Analytical Cookies  

 

__utm.gif

 

google-analytics.com

 

Stores technical details about the browser and computer and the used electronic device used by magnolia.ro visitor. 

 

During the session

 

Pixel

__utma ;__utmcsi __utmb

google-analytics.com

 

These cookie modules are used by Google Analytics as to allow use monitoring based on site activity. This allows us to analyze technical type of data as browser usage, the time spent on site and the most popular visualized pages.

The data collected by means of the first file are kept for utmost 2 (two)years; the last two files expire at session ending;

 

HTTP

 

 

 

 

 

__utmz

google-analytics.com

Collects data on the location from where site accessing was performed by the user, the used browser, accessed link and the research term employed.

 

Utmost 6 (six) months

HTTP

_ga

google-analytics.com

Used for statistical data generation regarding the way the visitors use the site.

 

Utmost 2 (two) years

HTTP

_gat

google-analytics.com

Used by Google Analytics regarding requests rate.

 

During the session

HTTP

_gid

google-analytics.com

Used for statistical data generation on the way the visitors use the site.

 

During the session

HTTP

collect

google-analytics.com

Used for monitoring on more marketing channels

During the session

Pixel

 

 

 

 

 

Needed for correct running of Site integrated Chat

 

 

 

 

 

_ok

_okac

_okbk

_okck

 

Olark

Chat

During the session

HTTP

_okla; _oklv

Olark

Chat

During the session

HTTP

_okdetect [x2]

Olark

Chat

Persistent

HTML

Hblid; Olfsk

Olark

Chat

Utmost 2 (two) years

HTTP

Wcsid;

 

 

 

 

8.6. Updating

At times, our Cookie policy may be updated. If we shall operate significant changes, we shall notify you. Nevertheless, we ask you to regularly check this section as to ensure that you have its latest version.

 

 

9. THIRD PARTY COUNTRIES

It is possible that some of the Companies we work with to be located outside EU (we refer here as for example, to the situation when you choose to send flowers on the territory of some States which are not part of the European Union).

 

The legislation of non-member States is not always granting the same level of protection as that one implemented at EU level.

 

In this respect Magnolia implements supplementary protection measures and enters into data protection agreements which include the agreed standard clauses at European level.

 

10. WEBSITES / LINKS / SOCIAL PLUGINS

Magnolia may contain links to third-parties websites. Please note that we have no control upon these Websites / Links / etc, and we cannot guarantee that these ones process your data with the same care as we do. We recommend you to read the privacy policies of the websites you visit before submitting your data.

 

11. DATA PROTECTION POLICY AMENDMENT

As to keep you informed about the use of your personal data, we shall occasionally update this data protection policy. Thus, we recommend you to visit this section of the Website on a regular basis.

 

12. WHAT RIGHTS DO YOU HAVE?

Pursuant the specific legislation in personal data matter, you may exercise the following rights:

 

The right of access to the processed personal data – you have the right to obtain the confirmation of the fact that your personal data is processed or not by Magnolia and consequently, if your data is processed you have the right of access to the type of personal data and to be notified on the conditions of data processing by submitting a simple request in this respect.  

 

The right to rectification - you have the right to ask us to correct, supplement or update your data if you consider that they are incorrect, incomplete or are no longer up-to-date.

 

The right to data deletion - you have the right to ask for your personal data deletion to the extent one of the following reasons applies:

 

-          the purpose for which processing was performed no longer exists

-          the legal basis of the processing is your consent, and it has been withdrawn\

-          you object to processing performed on the basis of our legitimate interest and your rights prevails our legitimate interest or

-          when processing aims direct marketing

-          personal data were illegally processed

-          data was collected in relation with the services of information society granted to children (if applies), when specific requirements apply regarding the consent

 

The right to restrict processing – you have the right to demand your personal data processing restriction under the following circumstances, as regulated by the specific legislation:

-          you appreciate that the processed personal data are inaccurate, as such, you allow the operator during some time to check your personal data accuracy

-           the processing is illegal but you do not want to delete your personal data but to restrict their use

-          if Magnolia needs no more you personal data for the aforementioned purposes but you need them to assert, exert and defend a right in Court

-          you object processing on the basis of our legitimate interest, as such, processing shall be restricted when checking is running in relation to your rights prevailing our legitimate interest

 

The right to withdraw your consent for processing, when processing is grounded on your consent, without influencing processing carried out up to that moment. If consent is withdrawn, the collected data may be kept under certain situations and if strictly necessary (i) when a legal storage obligation for a certain time period exists; (ii) under a contractual obligation in our charge; (iii) for legal, judicial and extrajudicial proceedings running related to an order placed online or directly in Magnolia Florist’s Shops.

 

The right to data portability - You have the right to request us to provide your personal data in a structured, commonly used, self-readable format. It is important to note that this right refers only to personal data provided directly by you, either on the basis of the Consent or for the performance of the terms and obligations binding us.

 

The right of objection – you have the right to object processing on the basis of our legitimate interest at any time, if processing is done for the purpose of direct marketing or if processing is necessary for the fulfilment of a task serving public interest or results from exercising public authority.

 

The right to submit complaints – to the extent you consider that your personal data processing is not carried out pursuant specific legislation in the matter, breaking also your rights and liberties, you have the right to submit a complaint to the National Supervisory Authority for Personal Data Processing (ANSPDCP).

 

13. HOW CAN YOU GET IN CONTACT WITH US?

 

As to submit us any type of notification, petition, request, or to exercise the aforementioned rights, please refer to the following data of contact:

 

Comgaby Moln SRL, Susenii Bârgăului nr. 261 A, jud. Bistrița-Năsăud

 

dataprotection@magnolia.ro

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