SKYLAND PARK SRL PRIVACY POLICY FOR JUMPING HOUSE

The present document represents the personal data processing policy and it describes the data categories SKYLAND PARK SRL (for the brand”Jumping House”) processes, the way and the purpose for which they are collected, in which situations personal data are transferred and the varied rights and options you have to that effect.

The policy on personal data processing details the way we process personal data while performing our activity.

1. PERSONAL DATA OPERATOR

SKYLAND PARK SRL a company with its registered office in Cluj-Napoca, No. 2-4 Tudor Vladimirescu St., Cluj County, registered with the Trade Register under no. J12/103/2019 and having the Unique Tax Identification Code RO40417679, represented by Neagomir Vasile as manager, email: jump@jumpinghouse.ro, is the personal data operator.  

2. PERSONAL DATA CATEGORIES PROCESSED AND DATA SUBJECT CATEGORIES

The personal data that we process may include:

  • The Operator's customers personal data (adult/represented minor members or guests/visitors), natural persons with whom the Operator has contractual relationships from which one can process the name and forename, including the residence address, phone number, mobile phone number, e-mail address, family relationships, personal identification number, etc.;
  • Customer's personal data (adult/represented minor members or guests/visitors), consisting of the possibility of capturing the photo or video image by using photo-video equipments;
  • Data on the health status of the members (medical data);
  • further information processed on a mandatory basis in order to conclude or perform a contractual relationship or communicated voluntarily by the data subject, such as given instructions, payments made, requests and projects;
  • Other personal data necessary in order to inform the data subject if they prove to be relevant to the activity we perform that are within the legitimate interest of the operator;

In limited situations, when for performing our activity, we have to collect special categories of personal data as they are stipulated in art. 9 of the Regulation on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (“GDPR”) no. 679 from the 27.04.2016, namely the personal identification number, the images of the natural person, personal health data, the processing shall be done solely:

  1. based upon the explicit consent of the data subject or based upon the just proof of the data subject's consent provided by a third party who communicates us these data;
  2. based upon a legal obligation to process these data categories;
  3. based upon an obligation that defends a legitimate right;

3. THE WAY WE COLLECT PERSONAL DATA

Personal data collection by Skyland Park through Jumping House under certain circumstances, including:

  • when the data subject engages in contractual relationships with the Operator;
  • when the data subject provides voluntarily, for any reason, their personal data to the Operator;
  • when the data subject participates in an event organized by the Operator that implies the data subject gives their personal data;

4. LEGAL GROUNDS BASED ON WHICH PERSONAL DATA ARE PROCESSED

Any operation that equates with a processing (collection, storage, registration, structuring, adjustment or alteration, extraction, consultation, use, disclosure by transmitting, destruction) of personal data shall be done based upon one of the legal grounds below:

  • the processing is necessary in order to carry out a contract in which the data subject is a party, or the said processing is necessary in order to conclude a contract with the data subject (for example, in order to allow them to use the trampoline park);
  • the processing is necessary in order to observe a legal obligation;
  • the processing is done based upon the prior and explicit consent of the data subject;
  • the processing is necessary in order to protect the data subject's or another natural person's vital interests;
  • the processing is necessary for the legitimate interests of the Operator or those of a third party, with the exception of the cases when the interests or the fundamental rights and liberties of the data subject prevail upon these interests.

In the cases when the applicable legal provisions require the data subject's prior and explicit consent for the processing of special data categories, we shall process the said data solely based upon the data subject's prior and explicit consent. Concurrently, we shall take additional guarantees that any natural person or entity that communicates the data subject's special personal data has procured beforehand the data subject's consent.

5. WITHDRAWAL OF CONSENT

The data subject may choose to withdraw their consent regarding the marketing materials at any time by simply accessing the link 'unsubscribe' at the bottom of each newsletter or invitation to events, or through a notification sent to the email address: jump@jumpinghouse.ro

The data subject has the right to withdraw their consent at any time.The withdrawal of consent by the data subject shall not affect the lawfulness of processing based on consent before its withdrawal. In order to withdraw the consent for any processing for which a prior consent was given, the data subject is requested to send an e-mail to the address: jumping@jumpinghouse.ro, to contact Skyland Park – Jumping House at the phone no.:0723380343 or to send an explicit letter to the address: no. 2-4 Tudor Vladimirescu St., Cluj-Napoca. In all cases it shall be possible to withdraw the consent in the same manner it was given.

As a general rule, in the cases where the consent is withdrawn, we shall not allow the processing of the data subject's data and the adequate measures shall be taken in order to delete any records with personal data. However, in case the processing is strictly necessary in order to carry out the activity and the processing could be based on other legitimate grounds stipulated in applicable legal provisions, we shall proceed to the said processing and we shall inform you to that effect.

6. MINORS' PERSONAL DATA COLLECTION

The Operator processes personal data of minor children who shall become members of Skyland Park – Jumping House by means of the adult's consent as parent/guardian/custodian/principal or the person who is legally liable for the minor.

The data the Operator processes to that effect are stipulated in pt. 2 in the present Data processing Policy.

7. THE PURPOSES FOR WHICH PERSONAL DATA SHALL BE PROCESSED

We may use your personal data solely for the following purposes (“Allowed Purposes”):

  1. Concluding and carrying out your contract with SKYLAND PARK;
  2. Observing our legal obligations (such as the obligation to keep the records), the obligations to verify the conformity or to register that might include automatic verifications of the contact data or other information which the data subject provides as regards the identity;
  3. Purposes such as advertisments, marketing and advertising, statistics exclusively in the interest of the operator or their representatives, organising courses, events, etc.
  4. The analysis and improvement of our services and communication towards the data subject;
  5. The security protection and management of the access to the Skyland Park – Jumping House facility;
  6. In order to monitor and assess the compliance with our policies and standards;
  7. In order to ensure the health and security inside the trampoline entertainment park;
  8. In order to answer complaints and petitions;
  9. For any purpose that is related and/or auxiliary to any of the above or any other purpose for which the personal data were provided to us.

In case the data subject has given their consent, the personal data processing may be carried out for the following purposes as well:

  • Communicating with the data subject through the channels to which they have consented for being kept up to date as regards events/information on the services, products as well as Jumping House events, competitions and projects;
  • Surveys among the customers/partners/collaborators, marketing campaigns, market analysis, raffles, competitions or other promotional activities or events.

Concerning the communication related to the marketing/information as regards events Skyland Park through Jumping House provides – if it is mandatory – the said information solely after the data subject has selected this option to participate in and they have been offered the possibility  not to participate in anymore at any time, in the cases when receiving communication related to marketing/information as regards the Jumping House events is unwanted.

The data subject's personal data shall not be used when taking automatic decisions that create other profiles than those described above.

8. TRANSFER OF PERSONAL DATA

Personal data obtained from data subjects may be shared in the following circumstances:

  1. Contact data may be communicated confidentially to third parties for the purpose of obtaining a feedback from the data subject concerning the rendering of services by the company, in order to help us measure our performance and improve and promote our services;
  2. Moreover, personal data may be shared to our representatives: PREMIERE M, TRANSILVANIA SOFT & DESIGN, T&F Consulting basically service providers, at internal or international level, i.e. shared service centers, in order to process personal data within the allowed purposes, on behalf of Skyland Park through Jumping House and solely in compliance with their instructions. We shall keep the control of the personal data and we shall use adequate safety measures, in compliance with the applicable law, in order to ensure the integrity and security of personal data at the time of the request from the said service providers;     

With the exception of the above, the disclosure of personal data shall be done solely when there is an instruction or a permission given, when it is mandatory in compliance with the applicable law or regulations or requests of judicial or official bodies to do so, or as it is mandatory in order to investigate fraudulent or criminal activities that are effective or suspected.     

We could transfer your personal data in countries that are within the EU, the EEA or in countries that have been recognized by the European Commission as providing an adequate level of protection for your personal data – if it turns out to be necessary within the allowed purposes as they have been described above.    

These third parties have to use the information that we share with them solely in order to render services on our behalf and to treat your personal information in compliance with all the laws concerning data privacy and protection.    

Skyland Park -Jumping House may share your personal information with third parties when we are confident that the disclosure is necessary: (i) in order to observe a law, regulation, a court order or another legal ground; (ii) for detecting, preventing and the liability for fraud, breach of intellectual property, breach of our contracts or agreements, violation of the law or other misusing of the property of Jumping House;  (iii)  in order to protect the rights of Jumping House or of the property or of you or of the health, safety, well -being, rights or property of others; (iv) under similar circumstances.

Jumping House may share your personal information with third parties in conjunction with the sale, purchase, merge, reorganisation, liquidation or dissolution of Jumping House or under similar circumstances.

Jumping House may share your information with your consent or upon your request.

Jumping House may communicate anonymous or internally collated information with third parties as well for any purpose. Such information shall not identify you individually. 

9. PERSONAL DATA YOU PROVIDE US WITH CONCERNING OTHER NATURAL PERSONS

In case personal data concerning another person are provided (for example the minor whose parent/guardian/custodian/principal you are or for which you are legally liable), the data subject must ascertain that they have the right to disclose these personal data and that, without taking any other measures, we may collect, use and disclose those personal data as it is described in the present Personal Data Processing Policy. 

Essentially, the data subject must ascertain that the natural person in question is aware of the various aspects laid out herein, as these concern the said natural person, including our identity, the way they can contact us, the purposes for which we collect, our personal data disclosure methods (including disclosure to recipients abroad), the right of the natural person to obtain access to personal data and to submit complaints concerning the management of personal data and the consequences of not providing personal data (such as our inability to render services).

10. PERSONAL DATA SAFEGUARDING

In case that any of the provided personal data undergo changes, for example if the forename, name or e-mail address changes or any of the requests to us is called off, or if you learn we hold any incorrect personal data concerning the data subject, please notify Jumping House by sending an e-mail at the address jump@jumpinghouse.ro. We shall not be liable for any loss deriving from incorrect, inauthentic, insufficient or incomplete personal data that you provide us with.             

Concurrently, we shall take just measures for the periodical update of our records regarding personal data, but we shall not be liable for any unforeseen changes to the personal data.

11. ACTUALIZAREA DATELOR CU CARACTER PERSONAL

Personal data processed by Jumping House shall be deleted or eliminated when they are no longer necessary to the Allowed Purposes or when the consent is withdrawn (in the situation it has been given) and there is no further legal obligation to continue the personal data  storage operation.

With the exception of the case you request us expressly to store your personal data in the longer-term, the personal data shall be deleted within a reasonable timeframe, considering the following criteria: (i) any applicable legal requirement for storing personal data for a certain timeframe; (ii) any retainment obligations in conjunction with current or potential litigations or settlement requests, (iii) any retention requirements stipulated in the relevant agreements in which Jumping House is a party, (iv) the sensitivity of the information and (v) the purposes for which the information were collected, respectively:

  • for 3 years from the date of the last access in the Jumping House entertainment trampoline park;
  • for 3 years from the enforcement of a court order against you or the Operator resulting from any dispute in conjunction with the access and use of the Jumping House entertainment trampoline park;
  • during any investigation, enquiry, proceedure started by any public authority concerning the Operator's activity;
  • in case the data are processed based upon a given consent – until the explicit withdrawal of the consent;

After the expiry of the specified periods, provided that there is no other ground to process the data, they shall be anonymized. The Operator may anonymize solely part of the data.

12. PERSONAL DATA STORAGE PERIOD

According to the applicable legal provisions and subject to certain legal conditions, the data subject has the following rights in conjunction with the personal data processing:   

  1. The right to access, that includes the right toknow if we process data on the data subject and the right to learn which one they are, to whom they are transferred, how long they shall be stored, where we obtained them and if they are used for automatic profiling/decisions.
  2. The right to rectification. If the data we have are not correct, we have to correct them (except for the case we process them for someone else. In this case you shall be notified on whom you should send the request to).
  3. The right to erasure (“the right to be forgotten”). We shall delete personal data of the data subject upon request as fast as possible, if 1) they are not necessary anymore to the purpose they were collected for or 2) if the consent is withdrawn for processing these data/if there are objections concerning the processing (except for when these are necessary for a litigation, carrying out a contract or legal obligations). Furthermore, if we find that we have a legal obligation to erase or if the processing is illegal, we shall erase them. If the data are processed by third parties as well, we shall take reasonable measures to inform them about the erasure request.
  4. The right to restriction of processing, if they are illegal, presumed to be incorrect, challenged, or they are not necessary anymore.
  5. The right to be informed. We inform you as clearly as possible about the data subject's rights concerning personal data and about what data we process about them or (where appropriate) share with third parties.
  6. The right to portability. If we process your personal data automatically, you can request us to send them to you in a machine-readable format and we shall answer your request in a reasonable timeframe.
  7. The right to object. You can notify us if you do not wish us to process your personal data. We shall grant your request if we cannot demonstrate adequate legitimate interests. Nevertheless, data processed for direct marketing shall be deleted upon request.
  8. The right not to be subject to a decision based solely on automated processing, including profiling, except for the case when you have given an explicit consent or if they are necessary for carrying out a contract.
  9. The right to submit a complaint at a supervisory authority, in Romania this is ANSPDCP (The National Supervisory Authority For Personal Data Processing - Autoritatea Națională de Supraveghere a Prelucrării Datelor cu Caracter Personal), web: dataprotection.ro, e-mail: anspdcp@dataprotection.ro.

Moreover, you have the following rights as well:

  • the right to request a copy of the personal data concerning the data subject that we hold; in case you exercise this right in a manner that is distinctly abusive or unsubtsantiated, we reserve the right to the reimbursement of the costs necessary borne for the processing of the said copies and for the transfer of the copies within a reasonable timeframe;
  • the right to the rectification of any incorrect personal data and the right to opposition or to restriction of us using the data subject's personal data;
  • you may also file a complaint if you are concerned with the manner in which we manage personal data;
  • the right to erasure of personal data in the situations where the consent has been withdrawn, the processing is not necessary anymore or the said processing is against the law.

If you wish to proceed within the meaning of the above, please send us an e-mail at the address jump@jumpinghouse.ro. It is possible you shall be requested to confirm your identity by sending a copy of a valid identification document in order for us to comply with the security obligations and to prevent the unauthorized disclosure of the data. 

We shall consider any requests or complaints we receive and we shall send you an answer in due time. If you are not satisfied with our answer, you can forward the complaint to the  The National Supervisory Authority For Personal Data Processing – with its headquarters in No. 28-30 Gheorghe Magheru Blvd., Bucharest, Romania.

13. THE DATA SUBJECT'S RIGHTS CONCERNING PERSONAL DATA PROCESSING

If you wish to contact us concerning any questions, observations or requests related to the personal data processing policy, please send us an e-mail at the address jump@jumpinghouse.ro, contact us at phone no. 0723380343 or send us a letter at the address No. 2-4 Tudor Vladimirescu St.

14. CONTACT DATA

If you wish to contact us concerning any questions, observations or requests related to the personal data processing policy, please send us an e-mail at the address jump@jumpinghouse.ro, contact us at phone no. 0723380343 or send us a letter at the address No. 2-4 Tudor Vladimirescu St.

© Nistorescu Law Office

The document is protected by copyright