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Privacy Policy

Effective: March 13, 2018


The Privacy Policy includes rules regarding the processing of the personal data, which is given to the Controller, of the person (hereinafter: ‘Data Subject’) having resort to the services of the website nilsay.hu (hereinafter: Website) operated by NILS ID Korlátolt Felelősségű Társaság (seat: 2141 Csömör, Tinódi utca 32/D, company registration number: 13-09181314, tax number: 25560927-2-13), hereinafter: Controller). Beside this Privacy Policy, the Conditions of Use includes data protection rules as well.


The processing falls within the scope of the Regulation (EU) 2016/679 of the European Parliament and of the Council (hereinafter: Regulation).


The Controller reserves the right to amend the Privacy Policy unilaterally. The amendment shall enter into force by publishing it on the Website. By having resort to the services of the Website after the amendment, the Data Subject takes notices of the amendment of the Privacy Policy.

The Data Subject may contact the Controller by way of the contacts given in the Conditions of Use in the cases falling within the scope of data protection.

Contact details of the Controller:

NILS ID Korláltolt Felelősségű Társaság

address: 2141 Csömör, Tinódi utca 32/D.

e-mail: company@nilsay.com

phone: 06 70 600 5891


How long does the processing take (duration of the processing)? In which cases may the Data Subject withdraw its consent?

The processing – with the exceptions set out in the privacy policy – lasts until the purpose of the processing is achieved. The data necessary for the billing is processed in the period determined in Act C of 2000 on accounting (act on accounting). According to the act on accounting, the Controller shall preserve the vouchers for 8 years. The processing for the purposes of sending newsletters, direct marketing and providing the services of the website (Dating agency) shall last until the consent of the Data Subject is withdrawn.


The Data Subject shall be entitled to withdraw its consent given to processing regarding all legal titles for data processing at any time. The request for withdrawal shall be sent to the above contacts of the Controller. In this case the Controller shall terminate the processing. The withdrawal of the consent shall not affect the lawfulness of processing made previously.

The record of the processing in the register of the National Agency for Data Protection:

The identifier of the registration on the Website and of processing for the purposes of providing the services of the Website: NAIH-141579/2018

The identifier of the processing for the purposes of customer relations:

NAIH-108729/2016

The identifier of the processing for the purposes of sending newsletters:

NAIH-108513/2016.

The identifier of the processing for the purposes of Direct Marketing: NAIH-140749/2018.


The identification numbers of the processings for the purposes of sweepstakes are included in the rules for participation of the certain sweepstakes.

What is the processing based on (the legal grounds for processing)?

The processing shall be based on the consent of the Data Subject. The processing shall be based on the voluntary consent of the Data Subject, it shall not be enforced by the Controller; however, the Controller shall draw the attention of the data subject to the fact that in case of not giving or not giving fully the personal data, all services of the Website/certain services of the Website will not be available for the User/ is not possible between the Controller and the Data Subject.

What kind of data of the Data Subject is processed by the Controller?

The Controller processes the following data of the Data Subject:

Registration on the Website and ensuring the services of the Website:

The Controller processes the data given by the Data Subject and the IP address of the Data Subject, and the system of the Website saves the starting and the ending date of the visit automatically and in certain cases - depending on the settings of the user’s computer - the type of the browser and the operating system.


The Data Subject may give especially the following personal data on the Website:

  • Name, nickname, country, city, sex, sex of the person looked for, date of birth, height, hair colour, eye colour, appearance, password (obligatory)

  • educational level, characteristics, sphere of interest, photo, individual activities, leisure activities, whether the data subject smokes and drinks alcohol, having a child, billing data (optional).

Customer relations

  • name, email address


For purposes of sending newsletters:

  • Surname;

  • First name;

  • E-mail address.


For purposes of transaction of sweepstake:

  • Name,

  • Nickname,

  • Address,

  • E-mail address


For purposes of direct marketing:

  • name

  • year of birth,

  • postcode,

  • e-mail address

  • address

  • telephone number


What is the purpose of the processing?

The Controller processes the data of the Data Subject for the following purposes:


The purposes of the processing for the registration to the Website and ensuring the services available on the Website in detail:

  • registration on the Website and hereby ensuring the resort of the services of the Website;

  • identification of the Data Subject;

  • ensuring the communication between the Data Subject and the Controller;

  • performing the tasks of customer service by the Controller, complaint handling;

  • passing system messages to the Data Subject;

  • using the Data for occurent statistical purposes anonimuously;

  • transacting the billing and payment in case of having resort to the occurent pay services of the Website;

For purposes of customer relation:

a) ensuring the communication between the Data Subject and the Controller;

Purposes of processing in order to send newsletters in detail:

  • in case of expressed consent of the Data Subejct sending him or her newsletters, which may qualify as marketing or direct marketing consignment where applicable;


Purposes of processing in order to transact sweepstakes in detail:

  • The Controller organises, at its discretion, sweepstakes for the data subjects, in the course of which the Data Subject may acquire entitlement to receive definite prizes.


Purposes of processing for the purposes of direct marketing in detail:

In case the Data Subject gave its expressed consent on the Website, the Controller, and in case the Data Subject gave its expressed consent to the data transmission to a contractual partner, the given contractual partner of the Controller send consignments to the Data Subject, which qualifies as advertising under the Act XLVIII of 2008 on Basic Requirements and Certain Restrictions of Commercial Advertising Activities and which may contain information on the products marketed and the services provided by the Controller and by its contractual partners, by means of electronic mail or other direct contact.


Does the Controller process ‘sensitive data’?

When using the Website, the Data Subject may provide such data which may qualify as sensitive data under Article 9 of the Regulation (personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person's sex life or sexual orientation), including the case when such data is given from which sensitive data may be concluded. The Data Subject shall give its expressed consent to the processing of sensitive data to the Controller, if it gives such data to the Controller. The content of the declaration of consent shall be recited in an unaltered form, the date of the declaration and the person making the declaration shall be identifiable.

Who are entitled to get acquainted with personal data?

The personal data provided by the data subject may be known by the executive officers and employees of the Controller as well as the executive officers and employees of the persons named as processors or addressees of the data transfer in the Privacy Policy.

Which persons take part as processor in the processing of personal data, in which way is the data processed?

The Controller shall qualify as processor at the same time i. e. it executes technical actions connected to processing. The data is processed by way of an information system.

During the processing the Controller has resort to the services of other processors:

Google Ireland Limited (seat: Gordon House, Barrow Street, Dublin 4, Ireland), as host provider (Google Clouds Platform) performs the storage of the data. The data are storaged at a cloud-based hosting. More information is available here: https://cloud.google.com/.

OTP Bank Nyrt. (seat: 1051 Budapest, Nádor utca 16., 01-10-041585) participates in the transactions of bank card payments.



Are data transferred to any other person than the Controller?

In order to provide services as high-standard as possible to the Data Subject, the Processor engages other persons to operate the Website. The Controller transfers the personal data of the Data Subject to these persons.

Data are transferred to the following persons:

  • First Voice and Media Ltd. (Address: 20 – 22 Wenlock Road, London, N1 7GU), which operates the Website generally and hereby contributes to the providing of the ‘Certification service’ named in the Conditrions of Use. In this case, the transmission of data may affect all the data of the Data Subject given on the Website.

  • SMUZVIRAGNEKED Vendéglátó és Kereskedelmi Korlátolt Felelősségű Társaság. (seat: 1055 Budapest, Kossuth Lajos Tér 18., Company registration number: 01-09-199292, Tax number: 25092309-2-41), as the operator of the site viragneked.hu. The Data Subject may have resort to the services of the site viragneked.hu via the Website, so its data given on the platform provided for that purpose (name, e-mail address are mandatory) are transferred to SMUZVIRAGNEKED Kft.

If the Data Subject gives its consent to the processing of its personal data for the purposes of marketing and/or direct marketing, data may be transferred to the following persons as contractual partners of the Controller:


  • Kettő Vállalkozási Tanácsadó és Szolgáltató Kft., address: 1119 Budapest, Andor u. 54. sz.

  • Fyrklövern Magyarország Kft., address: 1063 Budapest, Bajnok u. 13. sz.

  • Nyugtalotto Kft., address: 1133 Budapest, Dráva u. 5/A.

    • Frog Media Kft., address: 1097 Budapest, Tóth Kálmán utca 33/B. 6/3.


    There shall be no transfer to third countries.

    What are the pricnciples of processing?

    The Controller shall process the personal data of the Data Subject by taking into consideration the following principles:

    The personal data shall be processed lawfully, fairly and in a transparent manner in relation to the Data Subject (‘lawfulness, fairness and transparency’);


    Personal data shall be collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes; further processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes shall, in accordance with Article 89(1) of the Regulation, not be considered to be incompatible with the initial purposes (‘purpose limitation’);


    Personal data shall be adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed (‘data minimisation’);


    Personal data shall be accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay (‘accuracy’);


    Personal data shall be kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed; personal data may be stored for longer periods insofar as the personal data will be processed solely for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89 (1) of the Regulation subject to implementation of the appropriate technical and organisational measures required by this Regulation in order to safeguard the rights and freedoms of the data subject (‘storage limitation’);


    Personal data shall be processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures (‘integrity and confidentiality’).


    The Controller shall be responsible for, and be able to demonstrate compliance with, these principles of processing (‘accountability’).


    Which measures shall be taken by the Controller for the sake of the security of the data?

    Taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons, the Controller and the processor shall implement appropriate technical and organisational measures to ensure a level of security appropriate to the risk.


    Within the framework of the above, it takes the following measures:


    - the pseudonymisation and encryption of personal data;

    - the ability to ensure the ongoing confidentiality, integrity, availability and resilience of processing systems and services;


    - the ability to restore the availability and access to personal data in a timely manner in the event of a physical or technical incident;


    - a process for regularly testing, assessing and evaluating the effectiveness of technical and organisational measures for ensuring the security of the processing.


    - In assessing the appropriate level of security account shall be taken in particular of the risks that are presented by processing, in particular from accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to personal data transmitted, stored or otherwise processed.


    The Controller and processor shall take steps to ensure that any natural person acting under the authority of the Controller or the processor who has access to personal data does not process them except on instructions from the Controller unless he or she is required to do so by Union or Member State law.


    In which cases and with what content shall communicate a personal data breach?

    The Controller shall communicate to the data subject the personal data breach, without undue delay, where that personal data breach is likely to result in a high risk to the rights and freedoms of the natural person.


    The communication shall describe using clear and plain language:


    • the nature of the personal data breach,

    • the name and contact details of the data protection officer or other contact point,

    • the likely consequences of the personal data breach,

    • the measures taken or proposed to be taken by the Controller to address the personal data breach, including, where appropriate, measures to mitigate its possible adverse effects.


    The communication shall not be required if any of the following conditions are met:


    • the Controller has implemented appropriate technical and organisational protection measures, and those measures were applied to the data affected by the personal data breach, in particular those that render the personal data unintelligible to any person who is not authorised to access it, such as encryption.

    • the Controller has taken subsequent measures after the data breach which ensure that the high risk to the rights and freedoms of data subjects mentioned above is no longer likely to materialise;

    • the communication would involve disproportionate effort. In such a case, there shall instead be a public communication or similar measure whereby the data subjects are informed in an equally effective manner.


    Which rights does the Data Subject have in connection with the processing and how can he or she enforce them?

    a) Right of access

    The data subject shall have the right to obtain from the Controller confirmation as to whether or not personal data concerning him or her are being processed, and, where that is the case, access to the personal data and the following information:

    - the purposes of the processing;

    - the categories of personal data concerned;

    - the recipients or categories of recipient to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations;

    - where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;

    - the existence of the right to request from the Controller rectification or erasure of personal data or restriction of processing of personal data concerning the data subject or to object to such processing;

    - the right to lodge a complaint with a supervisory authority;

    - where the personal data are not collected from the data subject, any available information as to their source;


    The Controller shall provide a copy of the personal data undergoing processing on the understanding that this right of the data subject, the right to obtain a copy shall not adversely affect the rights and freedoms of others. For any further copies requested by the data subject, the Controller may charge a reasonable fee based on administrative costs. If the data subject submitted the request by electronic means, and unless otherwise requested by the data subject, the information shall be provided in a commonly used electronic form.

    b) Right to rectification and erasure (‘right to be forgotten’)

    The data subject shall have the right to obtain from the Controller without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including among others by means of providing a supplementary statement.

    c) Right to erasure (‘right to be forgotten’)

    The data subject shall have the right to obtain from the Controller the erasure of personal data concerning him or her without undue delay and the Controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies:

    - the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed;

    - the data subject withdraws its consent on which the processing is based, and where there is no other legal ground for the processing;

    - the data subject objects to the processing and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing for the purposes of direct marketing;

    - the personal data have been unlawfully processed;

    - the personal data have to be erased for compliance with a legal obligation in Union or Member State law to which the Controller is subject;


    If the Controller has made the personal data public and is obliged to erase the personal data pursuant to the relevant provisions of the Regulation, the Controller, taking into consideration the available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform Controllers which are processing the personal data that the data subject has requested the erasure by such controllers of any links to, or copy or replication of, those personal data.

    The Controller is not obliged to erase personal data if the processing is necessary:

    for exercising the right of freedom of expression and information;

    - for compliance with a legal obligation which requires processing by Union or Member State law to which the Controller is subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the Controller;

    - for reasons of public interest in the area of public health in accordance with points (h) and (i) of Article 9(2) as well as Article 9(3) of the Regulation;

    - for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89(1) of the Regulation in so far as the right to erasure is likely to render impossible or seriously impair the achievement of the objectives of that processing; or

    - for the establishment, exercise or defence of legal claims.

    d) Right to restriction of processing

    The data subject shall have the right to obtain from the Controller restriction of processing where one of the following applies:

    - the accuracy of the personal data is contested by the data subject, for a period enabling the Controller to verify the accuracy of the personal data;

    - the processing is unlawful and the data subject opposes the erasure of the personal data and requests the restriction of their use instead;

    - the Controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims; or

    - the data subject has objected to processing – except the case of processing for the purposes of direct marketing - in this case the restriction applies to the period until the verification whether the legitimate grounds of the Controller override those of the data subject.


    Where processing has been restricted in accordance with the above, such personal data shall, with the exception of storage, only be processed with the data subject's consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or of a Member State.

    The Controller shall inform the Data Subject before the restriction of processing is lifted.

    What kind of notification obligation shall the Controller have in case of rectification or erasure of personal data or restriction of processing:

    The Controller shall communicate any rectification or erasure of personal data or restriction of processing to each recipient to whom the personal data have been disclosed, unless this proves impossible or involves disproportionate effort. The Controller shall inform the data subject about those recipients if the data subject requests it.

    e) Right to data portability

    The data subject shall have the right to receive the personal data concerning him or her, which he or she has provided to a Controller, in a structured, commonly used and machine-readable format and have the right to transmit those data to another Controller without hindrance from the controller to which the personal data have been provided, where:

    - the processing is based on the consent of the Data Subject, including the processing of the special categories of personal data under Article 9 of the Regulation.

    - the processing is carried out by automated means.

    In exercising his or her right to data portability, the Data Subject shall have the right to have the personal data transmitted directly from one Controller to another, where technically feasible.

    The exercise of the right to data portability shall be without prejudice to right to erasure.

    The right to data portability shall not adversely affect the rights and freedoms of others.

    f) Right to object and automated individual decision-making

    Where personal data are processed for the purposes of direct marketing, the data subject shall have the right to object to such processing at any time, including profiling to the extent that it is related to direct marketing.

    Where the data subject objects to processing for direct marketing purposes, the personal data shall no longer be processed for such purposes.

    Definitions important regarding the Processing:

    1. ‘personal data’: means any information relating to an identified or identifiable natural person (‘data subject’); 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;

    2. ‘processing’ means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction;

    3. ‘restriction of processing’ means the marking of stored personal data with the aim of limiting their processing in the future;

    4. ‘profiling’ means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements

    5. ‘pseudonymisation’ means the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person;

    6. ‘filing system’ means any structured set of personal data which are accessible according to specific criteria, whether centralised, decentralised or dispersed on a functional or geographical basis;

    7. ‘Controller’ means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law;

    8. ‘processor’ means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the Controller;

    9. ‘recipient’ means a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing;

    10. ‘third party’ means a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data;

    11. ‘consent’ of the data subject means any freely given, specific, informed and unambiguous indication of the data subject's wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her;

    12. ‘personal data breach’ means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data transmitted, stored or otherwise processed;

    13. ‘genetic data’ means personal data relating to the inherited or acquired genetic characteristics of a natural person which give unique information about the physiology or the health of that natural person and which result, in particular, from an analysis of a biological sample from the natural person in question;

    14. ‘biometric data’ means personal data resulting from specific technical processing relating to the physical, physiological or behavioural characteristics of a natural person, which allow or confirm the unique identification of that natural person, such as facial images or dactyloscopic data;

    15. ‘data concerning health’ means personal data related to the physical or mental health of a natural person, including the provision of health care services, which reveal information about his or her health status;

    16. ‘main establishment’

    a)

    as regards a Controller with establishments in more than one Member State, the place of its central administration in the Union, unless the decisions on the purposes and means of the processing of personal data are taken in another establishment of the Controller in the Union and the latter establishment has the power to have such decisions implemented, in which case the establishment having taken such decisions is to be considered to be the main establishment;


    b)

    as regards a processor with establishments in more than one Member State, the place of its central administration in the Union, or, if the processor has no central administration in the Union, the establishment of the processor in the Union where the main processing activities in the context of the activities of an establishment of the processor take place to the extent that the processor is subject to specific obligations under this Regulation;

    17. ‘representative’ means a natural or legal person established in the Union who, designated by the Controller or processor in writing pursuant to Article 27, represents the Controller or processor with regard to their respective obligations under this Regulation;

    18. ‘enterprise’ means a natural or legal person engaged in an economic activity, irrespective of its legal form, including partnerships or associations regularly engaged in an economic activity;

    19. ‘group of undertakings’ means a controlling undertaking and its controlled undertakings;

    20. ‘binding corporate rules’ means personal data protection policies which are adhered to by a Controller or processor established on the territory of a Member State for transfers or a set of transfers of personal data to a Controller or processor in one or more third countries within a group of undertakings, or group of enterprises engaged in a joint economic activity;

    21. ‘supervisory authority’ means an independent public authority which is established by a Member State pursuant to Article 51;

    22. ‘supervisory authority concerned’ means a supervisory authority which is concerned by the processing of personal data because:

    a)

    the Controller or processor is established on the territory of the Member State of that supervisory authority;


    b)

    vagy data subjects residing in the Member State of that supervisory authority are substantially affected or likely to be substantially affected by the processing; or


    c)

    a complaint has been lodged with that supervisory authority;

    23. ‘cross-border processing’ means:

    a)

    processing of personal data which takes place in the context of the activities of establishments in more than one Member State of a controller or processor in the Union where the controller or processor is established in more than one Member State; or

    b)

    processing of personal data which takes place in the context of the activities of a single establishment of a controller or processor in the Union but which substantially affects or is likely to substantially affect data subjects in more than one Member State;

    24. ‘relevant and reasoned objection’ means an objection to a draft decision as to whether there is an infringement of this Regulation, or whether envisaged action in relation to the Controller or processor complies with this Regulation, which clearly demonstrates the significance of the risks posed by the draft decision as regards the fundamental rights and freedoms of data subjects and, where applicable, the free flow of personal data within the Union;

    25. ‘information society service’ means a service as defined in point (b) of Article 1(1) of Directive (EU) 2015/1535 of the European Parliament and of the Council (19);

    26. ‘international organisation’ means an organisation and its subordinate bodies governed by public international law, or any other body which is set up by, or on the basis of, an agreement between two or more countries.


    The terms which are not defined in this Privacy Policy shall have the same meaning as set out in the Conditions of Use of the Website.


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