Privacy & Policy

We consider ensuring the right to personal data protection as a fundamental commitment of Guanako, therefore we will dedicate all necessary resources and efforts to process your data in full compliance with Regulation (EU) 2016/679 (“General Data Protection Regulation” or “GDPR”), as well as with any other legislation applicable on the Romanian territory. As one of the essential principles of this legal framework is transparency, we have prepared this document to inform you about how we collect, use, transfer and protect your personal data when you interact with us about products and services, including our website.

We reserve the right to periodically update and modify this Privacy Policy to reflect any changes to the way we process your personal data or any changes to legal requirements. In the event of any such change, we will display on our website the modified version of the Privacy Policy, for which reason please check the content of this Privacy Policy periodically.

Who we are and how you can contact us

Guanako is the trade name of PG & TY Logistics SRL, a legal entity of Romanian nationality, having its registered office in 40ª Preciziei bld, 2nd floor, 3rd office, Bucharest, Romania, with serial number in the Trade Register J40 / 372 / 23.01.2002, unique registration code RO4111630, no. for registration at the Trade Register J40/7488/06.06.2019 (hereinafter “Guanako” or “us”). For the purposes of data protection legislation, we are the Controller when we process your personal data.

As we are always open to finding out your opinions, as well as providing you with any additional information you may need regarding the processing of your data, we encourage you to contact the us at customer@guanako.com .

What categories of personal data do we process

In general, we collect your personal data directly from you, so you have control over the type of information you provide to us. By way of example, we receive information from you as follows:

  • When you create an account: e-mail address, name and surname.
  • Within your personal page (My Account), you can add additional information, such as: A profile picture, your favourite items, addresses for billing & shipping
  • When you place an order, you provide us with information such as: the desired product, name and surname, delivery address, billing details, payment method, telephone number, bank card details, etc.

We do not collect or otherwise process sensitive data, included by the General Regulation on data protection in special categories of personal data. We also do not want to collect or process data from minors under the age of 18.

What are the purposes and grounds of processing

We will use your personal data for the following purposes:

1. To provide Guanako services for your benefit. This general purpose may include, as appropriate, the following:

  • Creating and managing the account within the Guanako platform;
  • Order processing, including taking over, validating, shipping and invoicing;
  • Solving cancellations or problems of any kind related to an order, the goods or services purchased;
  • Returning the products according to the legal provisions;
  • Reimbursement of the value of the products according to the legal provisions;
  • Providing support services, including providing answers to your questions about your orders or Guanako goods and services.

The processing of your data for these purposes is in most cases necessary for the conclusion and execution of a contract between Guanako and you. Also, certain processing subject to these purposes is required by applicable law, including tax and accounting law.

2. For marketing: we want to keep you informed about the best offers for the products / services that interest you. In this sense, we can send you an email containing general and thematic information, information on similar or complementary products to those that you have purchased them, information on offers or promotions, as well as other commercial communications such as research market and opinion polls.

We base our marketing communications on your prior consent expressed when registering to our newsletter. You can change your mind and withdraw your consent at any time by:

  • Changing the settings from the client account in the “Preferences” section;
  • Accessing the unsubscribe link displayed in the messages you receive from us;
  • or by contacting Guanako using the contact details described in this policy.

In certain situations, we may base our marketing activities on our legitimate interest in promoting and developing our business. In any situation where we use information about you for our legitimate interest, we take care and take all necessary measures to ensure that your fundamental rights and freedoms are not affected. However, you can ask us at any time, by the means described in this policy, to stop the processing of your personal data for marketing purposes, and we will process your request.

3. To defend our legitimate interests: there may be situations in which we use or transmit information to protect our rights and business. These may include: 

  • Measures to protect the website and the users of the Guanako platform against cyber attacks;
  • Measures to prevent and detect fraud attempts, including the transmission of information to the competent public authorities;
  • Measures to manage various other risks.

The general basis of these types of processing is our legitimate interest in defending our commercial activity, being understood that we ensure that all the measures we take guarantee a balance between our interests and your fundamental rights and freedoms.

Also, in certain cases we base our processing on legal provisions such as the obligation to ensure the protection of goods and values provided by the applicable legislation in this matter.

How long do we keep your personal data

As a general rule, we will store your personal data as long as you have an account on the Guanako platform. You may request us to delete certain information or close your account at any time, and we will respond to such requests, subject to the retention of certain information, including after closing your account, in situations where applicable law or our legitimate interests so require. If you do not use your account for more than 36 months, we will close it and delete all data, except those we have to keep due to a legal obligation.

To whom we transmit your personal data

As the case may be, we may transmit or provide access to certain personal data of yours to the following categories of recipients:

  • courier service providers;
  • payment / banking service providers;
  • IT service providers.

If we have a legal obligation, or if it is necessary to defend a legitimate interest, we may also disclose certain personal data to public authorities.

We ensure that access to your data by third parties under private law is made in accordance with the legal provisions on data protection and confidentiality of information, based on contracts concluded with them.

Where do we transfer your personal data

Currently, we store and process your personal data in Romania.

However, we may transfer certain of your personal data to entities located in the European Union or outside the Union, including in countries for which the European Commission has not recognized an adequate level of protection of personal data.

We will always take steps to ensure that any international transfer of personal data is carefully managed in order to protect your rights and interests. Transfers to service providers and other third parties will always be protected by contractual commitments and, where applicable, by other guarantees, such as standard contractual clauses issued by the European Commission or certification schemes for the protection of personal data, transferred from within the EU to the United States.

You can contact us at any time, using the contact details set out in this policy, to find out more information about the countries where we transfer your data, as well as the guarantees we have put in place regarding these transfers.

How we protect the security of your personal data

We are committed to ensuring the security of personal data by implementing appropriate technical and organizational measures, according to industry standards.

The transmission of your personal data is done using state-of-the-art encryption algorithms and we store them on secure servers, while ensuring data redundancy.

Despite the measures taken to protect your personal data, we draw your attention to the fact that the transmission of information via the Internet, in general, or through other public networks, is not completely secure, there is a risk that the data may be seen and used by unauthorized third parties. We cannot be responsible for such vulnerabilities of systems that are not under our control.

What rights do you have?

The General Data Protection Regulation recognizes a number of rights in relation to your personal data. You may request access to your data, the correction of any errors in our files and / or you may object to the processing of your personal data. You can also exercise your right to complain to the competent supervisory authority or to go to court. Depending on the case, you may also have the right to request the deletion of your personal data, the right to restrict the processing of your data and the right to data portability.

Access. You can ask us:

  • to confirm if we process your personal data;
  • to provide you with a copy of this data;
  • to provide you with other information about your personal data, such as the data we have, what we use it for, to whom we disclose it, if we transfer it abroad and how we protect it, how long we keep it, what rights you have, how can you make a complaint, from where we obtained your data, to the extent that the information has not already been provided to you by this information.

Correction. You may ask us to rectify or complete your inaccurate or incomplete personal data. We may try to verify the accuracy of the data before rectifying it.

Deletion. You can ask us to delete your personal data, but only if:

  • they are no longer necessary for the purposes for which they were collected; or
  • you withdrew your consent (if the data processing was based on consent); or
  • exercise a legal right to oppose; or
  • they were processed illegally; or
  • we have a legal obligation in this regard.

We have no obligation to comply with your request to delete your personal data if the processing of your personal data is necessary for the observance of a legal obligation; or for finding, exercising or defending a right in court. There are certain other circumstances in which we are not required to comply with your request to delete data, although these are the two most likely circumstances in which we may deny this request.

Restriction. You can ask us to restrict the processing of personal data, but only if:

  • their accuracy is contested (see rectification section), to allow us to verify their accuracy; or
  • processing is illegal, but you do not want the data to be deleted; or
  • they are no longer necessary for the purposes for which they were collected, but you need them to ascertain, exercise or defend a right in court; or
  • you have exercised your right to object, and the verification of whether our rights prevail is ongoing.

We may continue to use your personal data following a restriction request, if:

  • we have your consent; or
  • to ascertain, exercise or ensure the defense of a right in court; or
  • to protect the rights of Guanako or another natural or legal person.

Portability. You can ask us to provide you with personal data in a structured, commonly used and automatically readable format, or you can request that it be “ported” directly to another data controller, but in each case only if:

  • the processing is based on your consent or on the conclusion or execution of a contract with you; and
  • processing is done by automatic means.

Opposition. You may object at any time, for reasons related to your particular situation, to the processing of your personal data under our legitimate interest, if you consider that your fundamental rights and freedoms prevail over this interest. You may also object at any time to the processing of your data for the purpose of direct marketing (including the creation of profiles), without invoking any reason, in which case we will cease this processing as soon as possible.

Automatic decision making. You may request not to be subject to a decision based solely on automatic processing, but only when that decision:

  • produces legal effects on you; or
  • affects you in a similar way and to a significant extent.

This right does not apply if the decision reached following the automatic decision-making:

  • we are required to conclude or enter into a contract with you;
  • is authorized by law and there are adequate guarantees for your rights and freedoms; or
  • is based on your explicit consent.

In order to exercise your rights, you can contact us using the contact details set out in this policy. Please note the following if you wish to exercise these rights:

Identity. We take seriously the confidentiality of all records that contain personal data. For this reason, please send us your requests regarding such registrations using the e-mail address related to the Guanako account. Otherwise, we reserve the right to verify your identity by requesting additional information aimed at confirming your identity.

Fees. We will not charge you a fee to exercise any rights with respect to your personal data, unless your request for access to information is unfounded, repetitive or excessive, in which case we will charge a reasonable amount. In such circumstances, we will inform you of any fees applied before resolving your request.

Response time. We intend to respond to any valid requests within a maximum of one month, unless this is particularly complicated or if you have made several requests, in which case we will respond within a maximum of two months. We will let you know if we need more than a month. We may ask you if you can tell us exactly what you want to receive or what worries you. This will help us to act faster and shorten the response time to your request.

Third party rights. We must not comply with a request if it would adversely affect the rights and freedoms of other data subjects.

Cookies

We do not collect information about you through cookies. However, we do set cookies if you have an account, but only the necessary ones for site functionality, such as: to retain user preferences (remember me), store information for things like shopping carts or session management.

Usually, cookies will make your browsing experience better. However, you may prefer to disable cookies on websites for privacy matters. The most effective way to do this is to disable cookies in your browser. We suggest consulting the Help section of your browser or taking a look at the About Cookies website which offers guidance for different browsers. Complaints

Complaints

You have the right to file a complaint with the supervisory authority regarding the processing of your personal data. In Romania, the contact details of the data protection supervisory authority are the following: National Authority for the Supervision of Personal Data Processing, with offices at B-dul G-ral. Gheorghe Magheru no. 28-30, Sector 1, postal code 010336, Bucharest, Romania, phone: +40.318.059.211 or +40.318.059.212, e-mail: anspdcp@dataprotection.ro, www.dataprotection.ro.

 

Without prejudice to your right to contact the supervisory authority at any time, please contact us in advance, and we promise that we will make every effort to resolve any issues amicably.

We remind you that you can contact the Guanako privacy responsible at any time by submitting your request in any of the following ways:

  • by e-mail to: customer@guanako.com or
  • by post or courier to the address: 40ª Preciziei bld, 2nd floor, 3rd office, Bucharest, Romania.