Guide for personal data protection
20th January 2022
Guide for personal data protection in East Gate Mall – DOOEL import-export Skopje
Purpose of the Guide
The right to privacy and protection of personal data of users is a priority for East Gate Mall DOOEL import-export Skopje
East Gate Mall DOOEL import-export Skopje pays great attention to personal data protection in all its business processes, implementing the standards set by the regulations for privacy and personal data protection in the Republic of Northern Macedonia.
In this sense, an important factor in the functioning of East Gate Mall DOOEL import-export Skopje is the right to privacy and protection of personal data of users of products and services, as personal data subjects. This Guide is a practical tool that clarifies the meaning of the terms used in personal data protection regulations. The Guide also elaborates on the principles of personal data protection that must be taken into account in any processing of personal data of the users of the application, provides the users of the application with a more comprehensive knowledge of their rights and defines the key responsibilities of East Gate Mall D. OOEL import-export Skopje as a controller of personal data collections, arising from the Law on Personal Data Protection and other regulations in this area.
- Meaning and definitions of terms used in the Guide
PERSONAL DATA is any information that refers to an identified natural person or an identifiable natural person (personal data subject), and an identifiable natural person is a person whose identity can be established directly or indirectly, separately on the basis of of an identifier such as name and surname, citizen ID, location data, online identifier, or on the basis of one or more characteristics specific to his or her physical, physiological, genetic, mental, economic, cultural or social identity of that physical face.
In the context of the above, East Gate Mall DOOEL import-export Skopje processes the following personal data for the users of the application: name and surname, electronic address (email) and telephone number.
PERSONAL DATA PROCESSING is any operation or set of operations performed on personal data, or a set of personal data, automatically or otherwise, such as: collection, recording, organizing, structuring, storing, adjusting or changing, withdrawing, consulting, inspecting, using, disclosing, transmitting, disclosing or otherwise making available, reconciling or combining, limiting, deleting or destroying. East Gate Mall DOOEL import-export Skopje performs automatic, but also manual processing of personal data.
SUBJECT OF PERSONAL DATA is a natural person whose personal data are processed in East Gate Mall DOOEL import-export Skopje. The users of the application of East Gate Mall DOOEL import-export Skopje are subjects of personal data.
PERSONAL DATA CONTROLLER is a natural or legal person, body of state authority, state body or legal entity established by the state for exercising public authority, agency or other body, which independently or together with others determines the goals and the manner of processing personal data, and when the purposes and the manner of processing the personal data are determined by law, the same law determines the controller or the special criteria for its determination. East Gate Mall DOOEL import-export Skopje is a controller of the personal data of the users of the application.
A PERSONAL DATA PROCESSER is a natural or legal person, a body of state power, a state body or legal entity established by the state to exercise public authority, an agency or other body that processes personal data on behalf of the controller.
East Gate Mall DOOEL import-export Skopje entrusts the processing of personal data of the users of the application of the processor – marketing department of East Gate Mall DOOEL import-export Skopje ([email protected])
PERSONAL DATA PROTECTION OFFICER is a person authorized by the controller to monitor the implementation of personal data protection regulations and to ensure compliance with the principles of personal data protection.
SPECIAL CATEGORIES OF PERSONAL DATA (sensitive data) are personal data that reveal racial or ethnic origin, political views, religious or philosophical beliefs or membership in trade unions, as well as genetic data, biometric data, health or sexual data life or sexual orientation of the natural person. East Gate Mall DOOEL import-export Skopje does not process special categories of personal data for users.
2.2. Terms used in the field of electronic communications
CONFIDENTIALITY AND CONFIDENTIALITY OF ELECTRONIC COMMUNICATIONS – The Constitution of the SRM guarantees the freedom and inviolability of all forms of and communication. Confidentiality of communications refers to: the content of electronic communications, communications traffic data and location data that are not communications traffic data, and the facts and circumstances of disconnection or unsuccessful attempts to establish a connection. Only on the basis of a court decision, under conditions and in a procedure determined by law, may the secrecy of electronic communications be waived.
LOCATION DATA are data that indicate the geographical position of the terminal equipment of the user of the electronic communication service. Location data relating to the user may only be processed anonymously or, with the prior consent of the user
NOTICES are If you want to opt out of receiving these types of communications (notifications), you can turn them off in your device settings.
The user who has agreed to the processing of location data, has the opportunity in a simple way and free of charge, to cancel further processing of this data.
Principles for personal data protection
The culture of respect for privacy and care for the users of the application are benefits for which East Gate Mall DOOEL import-export Skopje is recognizable on the market of electronic communications. Therefore, during the processing of personal data, East Gate Mall DOOEL import-export Skopje is guided by the following principles for personal data protection:
To be processed in accordance with the law, to a sufficient extent and in a transparent manner in relation to the personal data subject (“legality, fairness and transparency”)
This principle is a basic postulate through which primarily provides control over the processing of personal data, prevention of possible overdrafts and abuses by controllers and ensuring protection of personal data subjects. The principle of legality implies the establishment of the processing of personal data only on the basis of one of the legal assumptions on the basis of which the controller can perform the processing of personal data, which refer to the existence of consent for the processing of personal data given by the entity. of personal data for processing of personal data for one or more purposes, processing for fulfillment of an agreement where the personal data subject is a contracting party, processing for fulfillment of the legal obligation of the controller, processing for protection of the essential interests of the personal data subject or other natural person, the processing is necessary for performing activities of public interest or when performing public authority of the controller determined by law or if the processing is necessary for the purposes of the legitimate interests of the controller or a third party, unless such interests prevail over the interests or fundamental rights and freedoms of the personal data subject seeking protection of personal data, especially when the personal data subject is a child.
At the same time, this principle includes the obligation of the controller to ensure and respect the transparency regarding the processing of personal data, in order to inform the personal data subjects about the processing of their personal data and the rights that arise for them in accordance with the law on protection of personal data. personal data.
The processing of personal data for the users of the application, East Gate Mall DOOEL import-export Skopje is performed exclusively on the basis of obtained consent from the user. The personal data of the users of the application can be used solely and exclusively to ensure the use of the application and its functions.
To be collected for specific, clear and legally determined goals and to be processed in a way that is in accordance with those goals.
East Gate Mall DOOEL import-export Skopje is guided by the goals and the legal basis for data processing. The use of the mobile application is not conditioned by sog the object of personal data is obliged to submit information on the undertaken activities on the basis to the personal data subject the right of access to the personal data subject, the right of correction and deletion, the right of restriction of processing, the right of notification in case of correction or deletion of personal data or restriction of processing, the right of data portability, the right of objection and automatic adoption of individual decisions, without undue delay and in any case in a period of one month from the date of receipt of the request. If this is needed term may be extended for another two months taking into account complexity and number of requirements. The controller informs him the subject of personal data for each extension within one month from the date of receipt of the request, together with the reason for the delay.
Every user has the right to access their personal data. The right of access means that the personal data subject has the right to receive a confirmation from the controller whether his personal data or personal data are processed and if they are processed, to gain access to
personal data and to the following information: 1) purposes of processing; 2) categories of personal data that are processed; 3) users or categories of users to whom personal data have been disclosed or will be disclosed, especially users in third countries or international organizations;
4) the envisaged period for which the personal data will be stored, and if that is not possible, the criteria used to determine that period; related to the subject of personal data, or the right to object against such processing, 6) the right to submit a request to the Agency for Personal Data Protection if it considers that the processing of personal data is contrary to law; 7) when the personal data are not collected from the personal data subject, all available information about their source; and
8) the existence of an automated decision-making process, including and profiling.
The user has the right to request correction, deletion, restriction of processing, transfer of data to another controller and the right to object to the processing of his personal data. At the request of the user, East Gate Mall DOOEL import-export Skopje is obliged to make correction of personal data within 15 days from the date of submission of the request. At the request of the personal data subject, East Gate Mall DOOEL import-export Skopje is obliged to delete his personal data within 30 days from the day of submitting the request if any of the following conditions are met: 1) personal data are no longer needed for the purposes for which they were collected or otherwise processed; 2) the personal data subject withdraws his / her consent on which the data processing is based and if there is no other legal basis for processing; 3) the personal data subject submits an objection to the processing in accordance with Article 25 paragraph (1) of the LPDP, where there are no prevailing legitimate objectives for the processing, or the personal data subject submits an objection to the processing in accordance with Article 25 paragraph (2) of this law; 4) personal data were illegally processed; 5) personal data should be deleted in order to comply with
The personal data subject has the right to request a restriction on processing by the controller, if one of the following is met conditions: a) the accuracy of the personal data is disputed by the personal entity data, for a period that allows the controller to check it accuracy of personal data; b) the processing is illegal and the personal data subject opposes the deletion of personal data, instead requesting a restriction on their use; c) for the purposes of processing, the controller no longer needs personal data, but the personal data subject requests them for the establishment, realization or defense of his legal requirements; d) the personal data subject opposes the processing in accordance with Article 25 paragraph (1) of the LPDP pending verification of whether the legitimate interests of the controller prevail over the interests of the personal data subject.
The personal data subject has the right to receive his personal data, which he has given to the controller in a structured, normally used, machine-readable format where he has the right to transfer that data to another controller (right of portability) without interference from by the controller to whom the personal data are given, if: a) the processing is based on consent or on the basis of a contractual obligation and b) the processing is performed in an automated manner.
The subject of personal data based on a specific situation related to him has the right to file a complaint to the controller (right of complaint) at any time, against the processing of his personal data.
data, which is performed by the controller during the performance of activities of public interest or during the exercise of public authority of the controller determined by law or when the processing is necessary for the purposes of the legitimate interests of the controller or a third party, including profiling. In such a case, the Controller may no longer process the personal data, unless he proves that there are relevant legitimate interests for processing, which prevail over the interests, rights and freedoms of the personal data subject, or for the establishment, realization or defense of his legal requirements. If personal data is processed for direct purposes marketing, the personal data subject has the right at any time to filed a complaint against the processing of his personal data related to this type of marketing, which includes profiling up the extent to which it relates to direct marketing. When the personal data subject objects to the processing of his personal data for the purposes of direct marketing, the controller stops the further processing of the personal data for those purposes.
Liabilities of East Gate Mall DOOEL import-export Skopje
5.1. Obligation of employees / employees to protect personal data and maintain the confidentiality of electronic communications.
The employees / hired persons in East Gate Mall DOOEL import-export Skopje when undertaking their work tasks and responsibilities:
They get acquainted with the regulations for personal data protection, as well as with the adopted documentation for technical and organizational measures for ensuring confidentiality and protection during the processing of personal data.
Sign the Statement of confidentiality and protection in the processing of personal and data, as well as the confidentiality of business information; With this Statement they undertake to respect the principles of personal data protection, to perform their processing in accordance with the instructions received from East Gate Mall DOOEL import-export Skopje, unless otherwise regulated by law and will keep personal data confidential, as well as measures for their protection. This statement is valid even after the termination of their employment / engagement in East Gate Mall DOOEL import-export Skopje
Attend mandatory training for personal data protection.
East Gate Mall DOOEL import-export Skopje continuously informs the employees / engaged persons about the immediate obligations and responsibilities for personal data protection.
5.2. Informing the user about his rights East Gate Mall DOOEL import-export Skopje has the obligation to inform the user about: the identity and contact data of the controller data for his authorized representative in the Republic of Northern Macedonia; contact details of the personal data protection officer; the purposes of the processing for which the personal data are intended, as well as the legal basis for the processing; the legitimate interests pursued by the controller or a third party, when the processing is carried out on the basis of such interests; users or categories of users of personal data, if any; where applicable, the fact that the controller intends to transfer personal data to a third country or international organization ;the right of access, correction, deletion, restriction of processing, transfer of data to another controller and right of objection regarding the processing of personal data.
5.3. Consent of the user for any additional processing of personal data
For each additional data processing, outside the goals of fulfilling the established subscriber relationship, East Gate Mall DOOEL import-export Skopje provides a special consent. Consent is a freely and explicitly stated statement of the user’s will by which he agrees to have his personal data processed for a specific purpose.
Only with the prior consent of the user, the personal data of the user, the traffic data and the location data can be processed for the purposes of direct marketing and profiling (opt-in principle).
5.3.1. What is direct marketing: is any kind of communication realized in any way according to the latest technological achievements, in order to send advertising, marketing or propaganda content that is aimed directly at a certain subject of personal data, as well as processing of personal data which includes profiling to the extent that it is related to this type of communication.
5.3.2. What is profiling
Any form of automatic processing of personal data, which consists of the use of personal data for the assessment of certain personal aspects related to the natural person, and especially for the analysis or prediction of aspects related to the performance of professional duties of that natural person, his economic status, health, personal preferences, interests, confidentiality, behavior, location or movement.
EAST GATE MALL performs profiling related to the processing of personal data of the user and data eyes for realized traffic, in order to be contacted for offers of products and services, appropriate to his habits and needs.
The user has the right to withdraw the given consent at any time, free of charge and using simple means. According to the Law on Electronic Communications, the electronic e-mail addresses of the users of products or services can be used for direct marketing of similar products or services of East Gate Mall DOOEL import-export Skopje, with obligation to enable users at any time, free of charge and by simple means, to prevent the use of those addresses (opt-out principle).
Legal entities and natural persons entering into business relations with East Gate Mall DOOEL import-export Skopje, on the basis of which they have access to documentation and personal data of the users of East Gate Mall DOO. EL import-export Skopje, are committed to confidentiality and protection of personal data with special agreements on confidentiality and data processing.
Who should the user contact in order to exercise their rights?
The user can contact the Personal Data Protection Officer in East Gate Mall DOOEL import-export Skopje. The Personal Data Protection Officer acts in accordance with the internal regulations in order for the user’s rights to be exercised in a simple, fast and efficient way without causing unnecessary delays or costs. The user receives a response to the request within the legally specified deadlines.
6.1. What is the next instance that the user can turn to?
If the user is not satisfied with the answer and the information provided by the Personal Data Protection Officer of East Gate Mall DOOEL import-export Skopje and if he thinks that his rights have been violated, he can submit a request for determination of violation of the right to personal data protection to the Agency for Personal Data Protection. Due to the specificity of this procedure, the Agency may decide not to disclose the personal data of the user as a submitter of the request of East Gate Mall DOOEL import-export Skopje as an opposite party.
For violation of the right to personal data protection, the inspector for personal data protection from the Directorate, conducts a procedure and decides with a decision, which is final, given that no appeal can be filed against it.
Within 30 days from the day of receiving the decision, a lawsuit for initiating an administrative dispute may be submitted to the Administrative Court.