Processing and protection of personal data

1. GDPR. The protection of personal data is very important to us. When processing personal data, we proceed in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons in the processing of personal data and on the free movement of such data (hereinafter referred to as „GDPR“) and national legal regulations in the field of personal data protection.

2. Identity and contact details of the operator. Your personal data is processed by the operator:

• Zhiva, j. with. a., with registered office Robotnícka 11591/1J, 036 01 Martin, ID number: 53766148, registered in the Commercial Register of the District Court of Žilina, section: Sja, insert no.: 18/L, email: info@zhiva.sk.

3. Purpose. Your personal data may be processed for the purpose of:

• a) a) processing your inquiry or answering the question you send us via the „Email us“ contact form, or evaluating your feedback and suggestions for improvement;
• b) evaluation of your risk of presence of fatty liver by our virtual health coach Zhivim and sending the results to your e-mail;
• c) during the implementation of our research projects, in which you voluntarily participate;
• d) sending Zhiva’s newsletter;
• e) exercising rights and claims or conducting legal defense, within the framework of out-of-court negotiations, judicial and other proceedings and processes, if they are initiated;
• f) fulfillment of obligations in accordance with the GDPR, in particular handling inquiries, requests, security incidents in the field of personal data protection.

4. Categories of personal data. Depending on the purpose of processing, we process your following personal data:

   Ad 3a Communication with us through the contact form We process your personal data that you enter in the „Write to us“ contact form, in particular your name, surname, e-mail and personal data mentioned in the content of the message you send us.

   Ad 3b Communication with the virtual health coach Zhivim

   We process information to the extent that you have provided it to our virtual health coach Zhivi, in particular age, gender, height, weight, waist circumference and your email. We also process health information, in particular information about whether you have diabetes, high cholesterol, whether you are currently in menopause, whether you are a smoker and information about your physical activity, eating habits and alcohol use.

   Ad 3c Voluntary participation in our research projects

   We process the information that you provided to us as part of a questionnaire or other form of involvement in our studies.

   Ad 3d Newsletter sending

   We process your first name, last name and your e-mail.

   Ad 3e and 3f Exercising rights and claims and fulfilling legal obligations

   We process your personal data that you provide in the „Write to us“ contact form, in particular your name, surname, e-mail address and personal data specified in the content of the message you send us and other information that you have provided to us as part of our mutual client, or business relationship.

    

5. Affected persons. We only process personal data of those natural persons who

– filled in and sent the contact form and voluntarily entered their other personal data on the zhiva.sk website;

– volunteered to engage in a conversation with our virtual health coach Zhivim;

– subscribe to our newsletter;

– voluntarily participated in our research or otherwise voluntarily communicated with us.

6. Legal basis. We need to have a proper legal basis for processing your personal data.   

   In the case of the purposes of personal data processing according to paragraph 3 letter a) to c) is the legal basis for your consent. Since the personal data you provide to us may also relate to your health, we need your consent to be explicit, as otherwise the processing of such a special category of personal data is prohibited.

   You consent to the processing of personal data

   – when processing according to paragraph 3 letter a) when sending the contact form on the zhiva.sk website, by clicking (opt-in) consent to the processing of personal data;

   – when processing according to paragraph 3 letter b) by explicitly expressing consent in your conversation with Zhivim Virtual Health Coach;

   – when processing according to paragraph 3 letter c) by granting consent to the processing of personal data before participating in our research.

You are entitled to withdraw your consent to the processing of personal data at any time by sending a request to the e-mail address of the operator info@zhiva.sk.

Processing for the purpose specified in paragraph 3 letter d) is carried out on the legal basis of our legitimate interest in promoting and maintaining contact with you as our potential or existing clients. You have the option to unsubscribe from the newsletter at any time using the link in every e-mail we send you or by clicking HERE. You can also object to this processing of personal data at any time by contacting us at the e-mail address info@zhiva.sk.

Processing for the purpose specified in paragraph 3 letter e) is performed on the legal basis of the legitimate interest of our company, which will assert its rights and claims in the event of any dispute, or conduct an appropriate defense against claims that we believe are unreasonably asserted against us; mentioned is also allowed according to Art. 9 par. 2 letters f) GDPR.

In the case of processing personal data for the purpose specified in paragraph 3 letter f) this is carried out because it is necessary to fulfill the operator’s legal obligation arising from the GDPR and legislation in the field of personal data protection.

7. Beneficiaries. The following have access to your personal data:
   • our employees and associates who need to have access to your personal data to fulfill our contractual and legal obligations;
   • our suppliers and subcontractors who provide us with services related to our business, for example technical services, hosting services, marketing services, etc.;
   • to our partners with whom we cooperate to offer our products and services;
   • if necessary or required by law, public authority or court.

   Due to the fact that communication with mom is carried out online, we also use the services of external partners who provide cloud services and hosting for us. The cloud servers on which your personal data are stored are located in the European Union, and therefore your personal data is not transferred to third countries or international organizations.

    

8. Retention period. Your personal data will be processed for no longer than is necessary to achieve the purpose of processing, i.e. for the duration of your consent, which has not been revoked by you, but for a maximum period of 5 years from the date of consent. After this period, we may request your consent again, and you are free to decide whether to grant it or not. The retention period begins on January 1 of the calendar year following the year in which you gave us your consent. Personal data processed for purposes according to paragraph 3 letter d) to f) we will process for the period during which it is possible to expect the need for their processing (e.g. until the expiration of the statute of limitations or the possibility of initiating proceedings or imposing a sanction). After the storage period of your personal data has expired, we will anonymize them or ensure their permanent deletion.

    

9. Rights of the data subject. As a data subject, you have several rights under the GDPR, including, in addition to the right to revoke consent to the processing of personal data, the right to access personal data pursuant to Art. 15 GDPR, the right to their correction and/or addition pursuant to Art. 16 GDPR, the right to delete them in the cases specified in Art. 17 GDPR, the right to restrict their processing according to Art. 18 GDPR, the right to their portability according to Art. 20 GDPR, if the processing is based on the legal basis of consent and the right to file a complaint with the supervisory authority – the Office for Personal Data Protection of the Slovak Republic (https://dataprotection.gov.sk/uoou/). In the case of personal data processing on the legal basis of legitimate interest, you have the right to object to the processing of personal data according to Art. 21 GDPR. Individual rights can be exercised by sending a request to the email address of the operator listed above or by sending a written request to the address of the operator’s headquarters, unless otherwise stated in these terms and conditions.

    

10. Provision of personal data. Providing your personal data is voluntary. However, failure to provide your personal data when conversing with the virtual health coach Zhivim may result in the impossibility of using his consultation and individual functionalities of this service. In the case of a legal basis of legitimate interest or the fulfillment of legal obligations, the provision of personal data may be required in accordance with the relevant generally binding legal regulations.

     

11. Anonymization Your personal data that you have provided to us as part of our research activity (the Zhivi virtual trainer, our research projects in which you have voluntarily participated) will be anonymized during the course of our studies and for the purposes of evaluating and publishing their results, as soon as this will be possible from the point of view of research activity. This means that your personal data will be modified in such a form that it will no longer be possible to identify you directly or indirectly. Anonymized data is no longer considered personal data under the GDPR and is not subject to its protection.

    The anonymization of your personal data will be carried out in such a way as to ensure the irreversibility of the process and to prevent the possibility of combining or supplementing the anonymized data with other data that would enable your identification. Anonymized data will be used only for scientific and statistical purposes and will not be provided to any third parties.