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General terms and conditions for using the website
INDUSTRY TRANSYLVANIA has opened its website www.transilvan.ro to inform all its clients, business partners, and the media. Your use of this site is conditioned upon compliance with the general terms of access and use detailed below (General Terms) as well as compliance with all applicable laws. By accessing the site and browsing and using it, you implicitly and unconditionally accept the General Terms, which prevail over any other agreement you may have with INDUSTRY TRANSYLVANIA SRL.
1. Intellectual property rights
Copyright and/or Industrial Design Rights
INDUSTRY TRANSYLVANIA ROMANIA is considered the author of this website. The photographs, texts, slogans, drawings, images, sound or non-sound animated sequences, as well as all works integrated into this site, are the property of INDUSTRY TRANSYLVANIA ROMANIA or third parties who have authorised INDUSTRY TRANSYLVANIA ROMANIA to use them.
The models and works presented on this site are protected in accordance with legal provisions regarding copyright and related rights, as well as the protection of industrial designs.
Reproductions, whether on paper or digital, of the aforementioned website and of the works and models reproduced there are authorised on the condition that they are intended strictly for personal use, excluding any use for advertising, commercial, and/or informational purposes, in order to comply with legislative provisions regarding intellectual property.
Except as provided above, any reproduction, presentation, use, or modification, in whole or in part, of the website, regardless of the method or medium, of the various works and models that compose it, without having previously obtained authorisation from INDUSTRY TRANSYLVANIA ROMANIA, is strictly prohibited and constitutes the offense of counterfeiting, punishable under the current legislation.
Trademark rights
The name INDUSTRY TRANSYLVANIA ROMANIA, the logo (coat of arms) INDUSTRY TRANSYLVANIA ROMANIA, as well as the products and services associated with them, are registered trademarks of INDUSTRY TRANSYLVANIA ROMANIA.
Other trademarks are also mentioned; they are theoretically identified by a capital letter. These are used by INDUSTRY TRANSYLVANIA ROMANIA, either with the authorisation of the owner, or as a mere indication of products or services offered by INDUSTRY TRANSYLVANIA ROMANIA.
Reproduction, imitation, use, or application of these trademarks without prior authorisation from INDUSTRY TRANSYLVANIA ROMANIA or the respective owners constitutes the offense of counterfeiting, punishable under the laws in force.
2. Information about products and services
These pages constitute a general presentation of the range of products and services distributed by INDUSTRY TRANSYLVANIA ROMANIA in Romania.
INDUSTRY TRANSYLVANIA ROMANIA reserves the right to modify the information contained in this website, especially those regarding technical characteristics and prices, at any time, without notice, taking into account the interactive nature of the website, without such modifications implying the responsibility of INDUSTRY TRANSYLVANIA ROMANIA, its network members, or its employees.
The INDUSTRY TRANSYLVANIA ROMANIA network is at your disposal for any information, especially regarding tariffs, the availability of presented services, as well as their latest developments.
3. New services
The characteristics of the new services presented on the INDUSTRY TRANSYLVANIA ROMANIA website are those existing at the time of drafting or updating of the various website pages.
The prices presented are those of the current INDUSTRY TRANSYLVANIA ROMANIA tariff.
Hyperlinks
Placing a hyperlink to the website www.transilvan.ro requires prior written authorisation from INDUSTRY TRANSYLVANIA ROMANIA. If you wish to place a hyperlink to our website, you must therefore contact the person in charge of the INDUSTRY TRANSYLVANIA ROMANIA website. INDUSTRY TRANSYLVANIA ROMANIA cannot, under any circumstances, be held responsible for providing websites that are the subject of a hyperlink starting from the website www.transilvan.ro, and is not responsible, in any way, for the content, products, services, etc. available on these websites or starting from these websites.
4. Limitation of liability
The user uses the website at their own risk. In no event shall INDUSTRY TRANSYLVANIA ROMANIA, its subsidiaries, or any members of its network, individually or collectively, be liable for direct or indirect damages, and especially for material damage, loss of data or programs, financial loss, resulting from access to or use of this website or any websites linked to it. The content of the website is provided without any warranty, of any kind.
Information about services, their characteristics, and prices correspond to a definition at the time of drafting or updating of various website pages; they are provided for informational purposes only and therefore should not be considered as a contractual offer for products and services offered by INDUSTRY TRANSYLVANIA ROMANIA, its subsidiaries, or members of its network. Errors or omissions may occur.
5. Applicable law
These General Terms are subject to Romanian law. The language of the General Terms is Romanian. In the event of a dispute, only Romanian courts will be considered competent.
6. Updating the general terms
INDUSTRY TRANSYLVANIA ROMANIA reserves the right to modify and update access to the website as well as the General Terms at any time. These changes and updates are binding on the user, who must therefore regularly refer to this section to check the current General Terms.
In accordance with the new European Union Regulation on Personal Data Protection (GDPR), please give us your consent to the use of cookie files for the following purposes: the correct functioning of the Industry Transylvania platform, measuring the use of the Industry Transylvania platform, advanced functionalities such as recommended products and other types of functionalities that allow us to show you the most suitable offers through various marketing channels.
6. Privacy policy
We make every effort to ensure that we protect and respect the confidentiality of your personal data by implementing the necessary measures provided by the rules and regulations in force regarding data protection, including General Regulation (EU) 2016/679 on data protection ("GDPR").
This chapter aims to inform you about the personal data we collect from you or that you communicate to us through this website, as well as how we will process this data.
6.1. According to the rules and regulations in force regarding data protection ("GDPR") - personal data is defined as any information regarding an identified or identifiable natural person. In principle, they represent personal data, which INDUSTRY TRANSYLVANIA considers: the name and surname of the natural person, address, email address, CNP, telephone number, client codes/account attributes, AWB type identification code for the delivery of the ordered product, etc.
6.1.1. Your personal data collected and processed by INDUSTRY TRANSYLVANIA are: the name and surname of the person, domicile (postal address for delivery), email address, CNP, telephone number, client identification codes/online identifiers, billing data.
We do not collect and process sensitive data, as defined in the General Data Protection Regulation (GDPR), in special categories of personal data. Additionally, we do not intend to collect or process data of minors under the age of 18.
6.1.2. Therefore, according to the GDPR, personal data controllers ("Controllers") - (i) INDUSTRY TRANSILVAN SRL Company having the obligation according to national rules and Regulation EU 679/2016 (GDPR) to safely manage and only for the specified purposes, your personal data. These data have been collected/processed/etc. in the commercial relationship conducted in the past and/or ongoing and for which you have validly consented in accordance with the legislation in force at the time of data acquisition and collection!
6.1.3. The Company informs that the enumeration within article 6.1 and the following is purely illustrative and that depending on the service subscribed by the client, it only collects those minimal personal data necessary to fulfill the purposes/activities carried out by INDUSTRY TRANSILVAN.
6.2. In the operation process of this website, INDUSTRY TRANSILVAN Company collects certain information ("personal data") regarding identified or identifiable individuals, data provided by the users of this website, by voluntarily expressing consent, directly (e.g., name, surname, postal address, email address, phone number) or indirectly (e.g., IP address, use of UUIDS (unique identifiers provided by social logins)).
6.3. The purposes of processing the personal data provided by a "Member" or a "Transilvan Client", considered and pursued by INDUSTRY TRANSILVAN Company are as follows:
- processing orders and returns;
- maintaining relationships with contractual partners for accounting purposes;
- optimizing marketing activities;
- resolving requests regarding order fulfillment;
- marketing communications;
- managing the account within the TRANSILVAN platform;
- statistical purposes.
6.4. TRANSILVAN Company collects, processes, and manages your personal data in accordance with the GDPR regulations for the following periods of time: (i) in accordance with the provisions of the civil code regarding the legal institution of prescription as well as the contractual conditions assumed by accepting terms & conditions, the personal data collected are archived/kept by the Company for a period of 3 years from the termination of the contract (for delivery situations and non-intervention requests for returns); (ii) personal data collected are archived/kept by the Company for a period of 3 years and/or the Client has expressed from the date of the last return related to the account.
Also, it is important to know that we may process personal data to inform you about products and services, promotional offers, or for subscribing to newsletters. As a general rule, these personal data will be processed for direct marketing purposes only with your consent and through the communication channels (email, SMS, etc.) that you have indicated at the time of giving consent. Under these conditions, it is important to know that we will use your consent for marketing purposes until its withdrawal, with the possibility of withdrawing this type of consent at any time.
TRANSILVAN Client, by providing personal data, declares and unconditionally accepts that his/her personal data are part of and will be archived in the database of the owner, thus expressing explicit and unequivocal consent for his/her personal data to be stored, used, and processed according to the purposes specified in point 6.3.
6.5. TRANSILVAN Company informs you that processing represents: any operation/set of operations on this data (with or without the use of automated means), including collection, recording, organization, structuring, storage, adaptation, modification, extraction, consultation, use, disclosure, provision, alignment, combination, restriction, erasure, destruction, etc. (these operations are indicated for illustrative purposes in the Regulation, the notion of processing representing any operation related to personal data).
6.6. At the territorial level, the provisions of the regulation apply to processing carried out by an operator or data processor headquartered in the EU, to the processing of personal data of individuals located in the EU, carried out by an operator or data processor not established in the EU, if: goods or services are offered to individuals in the EU or the behavior of individuals in the EU is monitored.
INDUSTRY TRANSILVAN Company is a personal data controller in accordance with the current rules and regulations, including the GDPR.
6.7. The Company informs that depending on the activity/service chosen by the client, respectively the purpose of collecting personal data, TRANSILVAN may transmit your data to group companies, third parties, or authorities to fulfill the purposes based on the grounds of processing activities. According to the GDPR Regulation, we inform you that we may transmit or provide access to certain personal data concerning you to the following categories of recipients:
- group companies for order management;
- business partners for the provision of ordered products/services;
- courier service providers;
- payment/banking service providers;
- accounting service providers, for external authorized accounting;
- other companies with which we may develop joint marketing programs for our goods and services;
- public authorities.
We assure you that we will make every effort to ensure that the data processor and/or contracting third party provide sufficient guarantees to implement adequate technical and organizational measures, so that the procedures comply with the requirements of legal rules and regulations, including GDPR, and ensure the protection of the rights of the data subject (physical person client/member of TRANSILVAN).
6.8. The basis for processing this personal data and managing the collected data may be in relation to the purpose of processing your consent, given on the occasion of creating the online account and its validation, by requesting to become a client/member in the TRANSILVAN community. Also, the basis is also a legal and/or contractual one, based on the contract/commercial relationship that arose between you, the client, and the TRANSILVAN company/companies, by placing orders and making payments for ordered products, by returning non-compliant products, and/or refused, etc., but also a legitimate basis necessary and indispensable for the conduct of the commercial and economic activities of the TRANSILVAN company provided for by the Regulation. We will process your personal data to improve and take protective measures, whenever necessary, for the protection regarding the use of the website and the users of the TRANSILVAN platform against cyberattacks, prevention measures, and detection of fraud attempts, including the transmission of information to competent public authorities, management measures for various other risks.
6.9. We also want you to be fully informed and understand the Principles established by Regulation (EU) 679/2016 and the User Rights regarding personal data.
6.10. The European Regulation on the protection of personal data regulates a number of 6 principles to be respected by the operator (TRANSILVAN Company) when processing personal data:
a) the principle of lawfulness, fairness (fairness), and transparency. According to this principle, the company must ensure (1) that data processing must be carried out only in compliance with legal provisions, any other processing will be considered illegal, (2) that it processes data only in ways that the data subject would reasonably expect, and (3) that the processing must be transparent, meaning the operator must clearly and openly communicate to the subjects how it intends to use personal data;
b) The principle of purpose limitation. Our company adheres to this principle by committing to collect/process personal data only for the specified and communicated purpose.
c) The principle of data minimization. Our company respects this principle by collecting/processing only the minimum necessary data for conducting operations, adopting norms to ensure that no unnecessary data is collected in relation to the commercial operation.
d) The principle of accuracy, up-to-date data. Our company will only collect/process accurate and up-to-date data from its clients.
e) The principle of data retention for a period necessary for the purposes for which they are processed. Our company adheres to the principle regulated by the European regulation by archiving/retaining your data only for the period necessary to fulfill the purposes.
f) The principle of integrity and confidentiality. Our company has implemented all security measures and established norms within its departments to ensure security against unauthorized or unlawful processing and against accidental loss, destruction, or damage.
6.11 The European Regulation has stipulated that individuals (customers/members of TRANSILVAN) benefit from 8 (eight) rights as follows:
a) The right to information (Article 13, Article 14). It should be noted that in the introductory part of the document "terms and conditions" as well as in this chapter, information is provided about: the identity and contact details of the data controller and its representative; the contact details of the data protection officer; the purpose of processing and the legal basis; the recipients or categories of recipients; information about the transfer of data to a third country; adequate safeguards; storage period; its rights; the right to lodge a complaint; the existence of an automated decision-making process.
b) The right of access (Article 15). The right of access of individuals is respected by the Company and includes: confirmation regarding data processing; access to processed data; provision of a copy of personal data subject to processing; obtaining additional information (for a reasonable fee); remote access through a system that allows the data to be viewed by the data subject; verification of the identity of the person requesting information.
c) The right to rectification (Article 16, Article 19). The right of access of individuals is respected by the Company and concerns: rectification of indexed data; data completion;
d) The right to erasure (Art. 17, Art. 19). The Company respects the right to erasure exercised by individuals only under the following conditions when this right is exercised in a reasoned/founded manner:
1. reasons: data no longer necessary; withdrawal of consent; objection; unlawful processing; compliance with the provisions of Law 677/2001. Also, by creating the Account, each Member or Customer has agreed that INDUSTRY TRANSILVAN may transmit his/her personal data to contractual partners a legal obligation imposed by European Union law or internal law; providing services to a child, if legal conditions are not met;
2. the right cannot be exercised and implicitly respected if processing is necessary for: the right to freedom of expression and information; compliance with a legal obligation; performance of a task carried out in the public interest or in the exercise of official authority; in the field of health; archiving; scientific or historical research; statistical purposes; the establishment, exercise, or defense of legal claims.
e) The right to restriction of processing (Article 18, Article 19). The Regulation grants this right to individuals and can be exercised as follows:
1. cases: challenging accuracy of data; unlawful processing; data no longer necessary;
2. the operator can only store the data;
3. any processing regarding restricted data requires the consent of the data subject;
4. the operator communicates to all recipients the rectification, erasure, or restriction of data.
f) The right to data portability (Article 20). According to the provisions of the regulation, the Company respects the right of individuals to request the porting of their own data, in a simple, easily readable format, and to transmit them to another operator chosen by the person exercising the right.
g) The right to object (to cease processing activity - Article 21) can be exercised only for the following purposes: direct marketing; research, scientific, historical, statistical; performance of a task carried out in the public interest, exercise of official authority; legitimate interests pursued by the controller or by a third party.
h) The right not to be subject to automated decision-making (Article 22) presupposes:
1. the illicit nature of profiling regardless of purpose: evaluating the capacity and quality of employees' work; granting scoring - credits;
2. exception: the existence of the data subject's consent.
