Privacy Policy

I. Basic Provisions

  • 1. The controller of personal data pursuant to Article 4(7) of Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (hereinafter: "GDPR") is New Creative, s.r.o., Kamenice 155, 547 01 Náchod, Company ID: 48154555 (hereinafter: "the controller").

  • 2. The controller's contact details are

address: Kamenice 155, 547 01 Náchod, Czech Republic
e-mail: info (at) emesta.com
  • 3. Personal data means any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

  • 4. The controller has not appointed a Data Protection Officer.

II. Sources and Categories of Processed Personal Data

  • 1. The controller processes personal data that you have provided or personal data that the controller has obtained on the basis of fulfilling your order.

  • 2. The controller processes your identification and contact data and data necessary for the performance of the contract.

III. Legal Basis and Purpose of Processing Personal Data

  • 1. The legal basis for processing personal data is

  • the performance of the contract between you and the controller pursuant to Article 6(1)(b) of the GDPR,
  • the legitimate interest of the controller in providing direct marketing (in particular for sending commercial communications and newsletters) pursuant to Article 6(1)(f) of the GDPR,
  • your consent to processing for the purposes of providing direct marketing (in particular for sending commercial communications and newsletters) pursuant to Article 6(1)(a) of the GDPR in conjunction with Section 7(2) of Act No. 480/2004 Coll., on certain information society services, in the event that no goods or services have been ordered.
  • 2. The purpose of processing personal data is

  • performance of the contract between you and the controller pursuant to Article 6(1)(b) of the GDPR,
  • handling your order and exercising the rights and obligations arising from the contractual relationship between you and the controller; when placing an order, personal data are required that are necessary for successful order processing (name and address, contact), the provision of personal data is a necessary requirement for concluding and performing the contract, without the provision of personal data it is not possible to conclude the contract or perform it on the part of the controller,
  • sending commercial communications and carrying out other marketing activities.
  • 3. There is no automated individual decision-making by the controller within the meaning of Article 22 of the GDPR.

IV. Data Retention Period

  • 1. The controller retains personal data

  • for the period necessary to exercise the rights and obligations arising from the contractual relationship between you and the controller and to assert claims from these contractual relationships (for a period of 15 years from the end of the contractual relationship).
  • until the consent to the processing of personal data for marketing purposes is withdrawn, no longer than 3 years if personal data are processed on the basis of consent.
  • 2. After the data retention period expires, the controller will delete the personal data.

V. Recipients of Personal Data (Controller's Sub-processors)

  • 1. Recipients of personal data are persons

  • participating in the delivery of goods / services / processing payments under the contract,
  • providing e-shop operation services and other services related to e-shop operation,
  • providing marketing services
  • 2. The controller does not intend to transfer personal data to a third country (a country outside the EU) or to an international organisation.

VI. Your Rights

  • 1. Under the conditions set out in the GDPR you have

  • the right of access to your personal data under Article 15 of the GDPR,
  • the right to rectification of personal data under Article 16 of the GDPR, or restriction of processing under Article 18 of the GDPR.
  • the right to erasure of personal data under Article 17 of the GDPR.
  • the right to object to processing under Article 21 of the GDPR, and
  • the right to data portability under Article 20 of the GDPR.
  • the right to withdraw consent to processing in writing or electronically to the address or e-mail of the controller stated in Article III of these terms.
  • 2. You also have the right to lodge a complaint with the Personal Data Protection Authority if you believe that your right to the protection of personal data has been violated.

VII. Conditions for Securing Personal Data

  • 1. The controller declares that it has taken all appropriate technical and organisational measures to secure personal data.

  • 2. The controller has taken technical measures to secure data storage and storage of personal data in paper form.

  • 3. The controller declares that only persons authorised by it have access to personal data.

VIII. Final Provisions

  • 1. By submitting an order from the online order form, you confirm that you are familiar with the privacy policy and that you accept it in its entirety.

  • 2. You agree to these terms by ticking the consent box in the online form. By ticking the consent box, you confirm that you are familiar with the privacy policy and that you accept it in its entirety.

  • 3. The controller is entitled to change these terms. The new version of the privacy policy will be published on its website, and at the same time it will send you the new version of these terms to your e-mail address that you have provided to the controller.

These terms become effective on 1 January 2023.