Last updated: April 10, 2023

EU Regulation no. 679/2016, i.e. the General Regulation on the Protection of Personal Data, GDPR ("General Data Protection Regulation") applies throughout the European Union as of May 25, 2018.

The protection of your personal data is important to us, therefore, we pay particular attention to protecting the privacy of all those who have made their personal data available to us, of people who send us personal data in order to purchase a product, providing a service or processing a request, as well as those whose personal data were provided to us by a third party, or to which we had access from another source, in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of natural persons with regard to the processing of personal data and the free movement of such data (hereinafter referred to as "GDPR").

Please pay special attention to the following Policy to understand how your personal data ("personal data") will be processed.

This Policy explains the practices of the CLAR AUTO TRADE SRL company regarding the application of the provisions of the GDPR, as well as the rights you enjoy regarding the way in which your information is processed by CLAR AUTO TRADE SRL both in physical format and through its website www .clarauto.ro.

The processing of personal data carried out by CLAR AUTO TRADE SRL will always be carried out in accordance with the provisions of the GDPR, as well as with the national regulations on the protection of personal data.                         

Through this Policy, CLAR AUTO TRADE wishes to inform the data subjects about the nature of the personal data we collect and process, as well as about the purposes of the processing. In addition, the persons concerned are informed through the Policy and about the rights they benefit from.

 

WHO WE ARE?

We are CLAR AUTO TRADE S.R.L., a Romanian legal entity with registered office in the Municipality of Bucharest, Sector 2, Strada Barbu Vacarescu no. 139, ground floor, staircase A, apartment 3, registered at the Trade Registry Office under no. J40/4191/2014, having the unique RO registration code 33020276.

 

DATA PROTECTION OFFICER (DPO)

CLAR AUTO TRADE SRL, as a personal data operator, has appointed a Data Protection Officer (hereinafter referred to as "DPO"), having the obligation to verify compliance with the provisions of the GDPR in the data processing operations carried out by the operator and to represent the operator in relation to the concerned persons and the Supervisory Authority.

The persons concerned have the possibility to address at any time, directly, to the DPO regarding any aspects related to the processing of personal data, by sending an email to the address dpo@clarauto.ro.

 

WHAT IS PERSONAL DATA?

"Personal Data" means any information or information that can identify you directly (for example, your name) or indirectly (for example, through pseudonymous data such as a unique identification number). This means that personal data includes things like your email address, home address, mobile phone, username, profile photos, personal preferences and shopping habits, user-generated content, financial information and financial status information. It could also include unique numeric identifiers, such as your computer's IP address or your mobile device's MAC address, as well as cookies.

 

WHAT DOES PERSONAL DATA PROCESSING MEAN?

"Processing" means any operation or set of operations performed on personal data or sets of personal data, with or without the use of automated means, such as collection, recording, organization, structuring, storage, adaptation or modification, extract, consult, use, disclose by transmission, disseminate or otherwise make available, align or combine, restrict, delete or destroy.

 

WHAT ARE YOUR DATA? PERSONAL THAT WE PROCESS?

The personal data processed by us belong to natural persons, customers or potential customers of the company, in which case we will have the capacity of personal data operator.

For the company's potential customers, we process the following categories of personal data as an operator:

(i) name and surname;

(ii) home address and/or residence;

(iii) contact details (phone number, email address);

(iv) preferences regarding the type of purchase desired;

(v) if you contact us through our website www.clarauto.ro, we will additionally process the IP address from which the communication is made.

For the company's customers, we process the following categories of personal data as an operator:

(i) name and surname;

(ii) home address and/or residence;

(iii) series and number of identity card and personal numerical code;

(iv) contact details (phone number, email address);

(v) data related to the purchase made;

(vi) financial data regarding income, profession and workplace (only for the purchase of a vehicle through leasing or credit).

 

PERSONAL DATA OPERATOR

The operator of personal data (hereinafter referred to as "the operator") is CLAR AUTO TRADE.

 

DATA PROCESSING PRINCIPLES

CLAR AUTO TRADE undertakes to comply with the personal data protection principles (hereinafter referred to as the "Principles") provided by the GDPR, to ensure that all data is:

1. Processed fairly, legally and transparently;

2. Collected for specified, explicit and legitimate purposes;

3. Adequate, relevant and limited in relation to the purposes for which they are processed;

4. Correct and updated;

5. Kept in a form that does not allow the identification of the data subjects for longer than is necessary in relation to the purpose of the processing.

6. Processed in accordance with the rights of the data subject, in a way that ensures adequate security of the processing, so that the data is intact, confidential and available.

 

LEGAL GROUNDS AND PURPOSES OF PERSONAL DATA PROCESSING

1. In order to conclude and execute contracts for the sale of motor vehicles - According to art. 6 para. 1 lit. b) of the GDPR, personal data may be processed for the purpose of concluding or executing the contract. In order to be able to offer you our goods, we need to process personal data belonging to you.

2. In order to fulfill some legal obligations - According to art. 6 para. 1 lit. c) of the GDPR, personal data may be processed for the purpose of fulfilling legal obligations. We request a range of personal data in order to fulfill our obligations imposed by public authorities and institutions (for example, tax authorities in relation to invoicing and reporting to tax authorities, health or labor authorities).

3. For marketing purposes - According to art. 6 para. 1 lit. a) of the GDPR, personal data may be processed if the data subject has given his consent for the processing of his personal data for one or more specific purposes. Thus, subject to your consent, your personal data may be used for the purpose of sending you marketing messages, offers, news, future campaigns, invitations to various events (for example, if you have subscribed to our newsletter) or may be transmitted to other service providers of interest to you (for example, insurance brokers, banking companies, leasing companies, etc.).

4. In order to exercise a legitimate interest of the personal data operator - According to art. 6 para. 1 lit. f) from the GDPR, for the development of the economic activity of the company and the defense of patrimonial and non-patrimonial rights.

5. In order to fulfill a task carried out in the public interest - According to art. 6 para. 1 lit. e) from the GDPR, we have the obligation to comply with the reporting provisions imposed by Law no. 129/2019 on the prevention of money laundering and terrorist financing.

 

PROCESSING OF CONTACT DATA

CLAR AUTO TRADE will use the information you provide us in various ways (by phone, via the electronic contact form on the website www.clarauto.ro, by e-mail or by post) exclusively for the purpose of providing your requests.                                                                                     

By providing any personal data for commercial purposes, you understand and agree that your data will be processed in accordance with the provisions of this CLAR AUTO TRADE policy.

Please note that in order to be able to process your requests sent through any of the contact methods, it is possible that, under certain circumstances, we are obliged to disclose your data to the partners with whom CLAR AUTO TRADE collaborates and/or to other third parties service providers of CLAR AUTO TRADE.

However, CLAR AUTO TRADE has adopted appropriate technical and organizational measures to ensure the security of data transfer, as well as the processing in accordance with GDPR requirements of your data by the previously mentioned entities.

CLAR AUTO TRADE undertakes not to process the personal data provided for a purpose other than that for which it was transmitted, except in situations where there is your express consent to use it for other purposes as well.

It is also possible for CLAR AUTO TRADE to have access to other personal data obtained through your interaction with CLAR AUTO TRADE, for example by processing the data communicated following previous telephone conversations, e-mail conversations, the presentation at our headquarters in order to obtain information, etc.

By contacting CLAR AUTO TRADE in any way stipulated above or any other method that involves mediated or direct communication between you and CLAR AUTO TRADE, you understand and agree that your data will be processed in accordance with the provisions of this CLAR Company Policy AUTO TRADE SRL.

 

DISCLOSURE OF PERSONAL DATA TO THIRD PARTIES

The personal data processed by CLAR AUTO TRADE may be disclosed and/or transferred to third parties only in the situation where there is your express consent to do so, except in situations where there is a legal and/or contractual obligation for CLAR AUTO TRADE to proceed in this way. Currently, your data is disclosed exclusively to the company that ensures the delivery of the goods ordered by you.

Please bear in mind that it is possible that in certain circumstances we may be obliged to disclose your personal data to the state authorities, upon their express request.

 

DURATION OF DATA STORAGE

CLAR AUTO TRADE will keep the data processed for different periods of time, deemed reasonable, in accordance with the purposes previously indicated. We keep your data only for the period necessary to achieve the purpose for which we hold the data, to meet your needs or to fulfill our obligations imposed by law.

To determine how long your data is kept, we use the following criteria:

1. If you contact us with a request, we keep your personal data for the time necessary to process your request.

2. If you are a client of our company, we will keep your data for the entire duration of the contractual relationship, and, subsequently, in order to comply with our legal obligations and to prevent any disputes, for a period of 3 years from to your last interaction with us.

3. If you have given your consent for data processing for marketing purposes, we keep your personal data until you withdraw your consent or ask us to delete it.

 

THE RIGHTS OF THE PERSONS CONCERNED

In accordance with the GDPR, the parties concerned have a number of rights regarding the personal data that CLAR AUTO TRADE processes:

1. Right of access to processed data - You have the right to access the personal data we hold. The first provision of information will be made free of charge. If you require further copies of information already provided, we may charge a reasonable fee taking into account the administrative costs of providing the information. Manifestly unfounded, excessive or repeated requests may not receive a response.

2. The right to rectification of data - You have the right to request that your data be rectified if it is inaccurate or out of date and/or to complete it if it is incomplete.

3. The right to data erasure (“the right to be forgotten”) - In some cases, you have the right to obtain the erasure or destruction of your Data. This is not an absolute right as we may sometimes be forced to retain your Data for legal or legal reasons.

4. The right to restriction of processing - You have the right to request the restriction of processing of your Data. This means that the processing of your Data is limited so that we may retain the Data but not use or process it. This right applies in specific circumstances provided for by the General Data Protection Regulation, namely:

- the accuracy of the Data is disputed by the data subject (i.e. you), for a period that allows the operator (i.e. CLAR AUTO TRADE) to verify the correctness of the Data;

- the processing is illegal and the data subject (i.e. you) opposes the deletion of the Data and requests the restriction of its use;

- the operator (for example, CLAR AUTO TRADE) no longer needs the Data for processing, but it is requested by the data subject (i.e. you) to establish, exercise or defend legal claims;

- the data subject (i.e. you) has objected to processing based on legitimate grounds by the controller (in this case CLAR AUTO TRADE) based on the verification that the legitimate grounds of the operator (CLAR AUTO TRADE) outweigh those of the data subject (i.e. you).

5. Right to data portability - You have the right to move, copy or transfer the data you are interested in from our database to another. This only applies to data that you have provided, where the processing is based on your consent or on the basis of a contract and is implemented by automated means.

6. The right to object - You can object at any time to the processing of your data when such processing is based on a legitimate interest of the operator.

7. The right to withdraw your consent at any time - You may withdraw your consent in relation to the processing of your data where such processing is based on consent. Withdrawal of consent does not affect the lawfulness of processing based on consent prior to its withdrawal.

8. Right to file a complaint with the competent supervisory authority - You have the right to file a complaint with the data protection authority of your country of residence or domicile to challenge the data protection practices provided by CLAR AUTO TRADE.

9. The right to object to the processing of your data for direct marketing purposes - You can opt out of our direct marketing communication at any time.

10. The right not to be subjected to data processing by automatic means and the creation of profiles - You can object at any time to the processing of your data by means of automatic means and/or to the creation of profiles.

CLAR AUTO TRADE does not process your personal data exclusively by automatic means and does not use your data to create profiles.

You can exercise any of these rights with regard to the personal data that CLAR AUTO TRADE processes either by sending a request by email to the CLAR AUTO TRADE DPO, or by sending a request to the company through any of the contact methods indicated on the www.clarauto.ro website in the Contact section. In such a situation, there will be the possibility of requesting proof of your identity.

 

LEGAL REQUESTS

We access, retain and provide your information to regulatory authorities, law enforcement or other entities:

1. In response to a legal request, when we believe, in good faith, that the law requires us to do so. We may also respond to requests of a legal nature when we believe, in good faith, that the response required by the laws of that jurisdiction affects users in that jurisdiction and conforms to internationally recognized standards.

2. When we believe, in good faith, that it is necessary to: detect, prevent and respond to acts of fraud, unauthorized use of any material belonging to us, violations of our terms or policies, or other harmful or illegal activity, to protect us (including our rights, property or materials), you and others, including in the context of legal or regulatory investigations or to prevent imminent death or personal injury. For example, if relevant, we provide information to and receive information from third parties about the reliability of your account to prevent fraud, abuse and other harmful activity within and outside of our Materials.

The information we receive about you may be accessed and stored for a longer period of time when it is subject to a legal request or legal obligation, a government inquiry, or investigations into possible violations of our terms or policies, or in other cases to prevent damages.

 

PROCESSING SECURITY

CLAR AUTO TRADE has adopted technical and organizational data processing measures, updated in accordance with GDPR requirements, with the aim of protecting your personal data against any actions of unauthorized access, improper use or disclosure, unauthorized modification, destruction or accidental loss . All employees and collaborators of CLAR AUTO TRADE, as well as any third parties acting on behalf and on behalf of CLAR AUTO TRADE are obliged to respect the confidentiality of your information and the requirements of the GDPR, in accordance with the provisions of this policy.

 

UPDATE OF PERSONAL DATA PROTECTION AND PROCESSING POLICY

Please note that this Policy may be subject to periodic content changes.

In the event that this Policy will be modified, you will be able to identify the moment of its update according to the date mentioned at its beginning, in the Last modification paragraph; please review the revised Policy before choosing to continue using any of our services and/or materials.

The terms of this Policy are interpreted in accordance with the applicable European and Romanian legislation.

 

CONTACT

If you have any questions or concerns about how we treat and use your personal data or wish to exercise any of your rights, you can contact us using our contact details or by sending an email to our DPO.