1. General information:

S.C. DANTE INTERNATIONAL S.A., headquartered in Soseaua Virtuţii nr. 147, sector 6, Bucharest, registered with the Trade Register under no.  J40/372/23.01.2002, having the tax identification code no. 14399840 (“eMAG” and/or the “Company“) are the personal data controller for the processing activities of your personal data described below.

This Privacy Policy is applicable to the processing of Personal Data of the sellers’ representatives (“Seller“) in the context of the sale of products and/or services through the eMAG Marketplace platform (“eMAG Marketplace” and/or the “Platform“).

Regarding the processing of your data in the context of cookies and other similar technologies used, as the case may be, on the eMAG websites and on the Platform, please refer to the Cookies and Similar Technologies Policy, which supplements this document and is available here.

eMAG reserves the right to modify this Privacy Policy, for example, to comply with legal requirements or to meet its business needs. In the event that eMAG decides that it is appropriate or is obliged to notify these changes, it will bring them to your attention. by a pop-up notification, by email or by a statement of changes on the website. Subsequent access to the Platform, after the date indicated as the last version, represents the Data Subject’s express acceptance of the latest version.

For the purposes of this Privacy Policy, words written in capital letters shall have the meanings assigned to them by the Data Protection Legislation and related terms shall be interpreted accordingly, in particular the notions relating to “Personal Data“, “Processing“, “Controller“, “Processor” and “Data Subject“.

“Data Protection Legislation” means the EU General Data Protection Regulation 2016/679 of the European Parliament and of the Council (“GDPR”) and any Data Protection laws in Romania, as well as any secondary acts or legislation adopted at the level of the European Union to supplement or detail the provisions of the GDPR (such as the European Data Protection Board Group Guidelines),  applicable to the Data Processing of the Sellers’ representatives, in the context of the sale of products and/or services through the Platform.

We take your privacy rights seriously. Your personal data will be treated in a secure and confidential manner and only as shown below.

2. Purposes of processing your Personal Data:

eMAG will process your Personal Data for the following purposes:

2.1.         For the provision of eMAG Marketplace services for the benefit of the company of which you are a representative

This general purpose includes activities such as:

·       Creation and administration of the account within eMAG Marketplace – operation that also involves the provision of your Personal Data. as a representative of the legal entity, potential Seller; In addition, this processing activity may also involve verification of the fulfillment of the eligibility criteria to become a Seller on the eMAG Platform as well as cross-check operations to verify the information provided by you. in this process (for example, we can check if you are listed as the legal representative of the company, we can check if there is another Seller account on the Platform based on the contact details provided, we can check if you have been previously suspended or a restriction measure has been applied, we can request additional information, etc.). We draw your attention to the fact that eMAG has no obligation or responsibility regarding the verification of the information provided by you. and/or regarding their veracity. Providing real information and keeping it up to date is your obligation.

·       Performing operations related to the taking, validation and invoicing of online orders of buyers from the Platform;

·       Solving cancellations or problems of any nature related to an order, goods and/or services sold or offered for sale and informing you;

·       Solving any tickets, messages or complaints that you as a Seller representative make in relation to the Platform and informing you;

·       Sending information regarding the contractual relationship between eMAG and you, as a registered Seller representative within the eMAG Marketplace Platform.

·       Making all payments and compensations arising from the use of the Platform and from the contractual framework concluded between the Seller and eMAG; In this context, your Data Personal data may be processed for the purpose of making all payments/collection of commissions and any other financial, accounting or banking operation arising from the applicable contractual framework (where applicable).

Processing of Your Personal Data For this purpose, it is in most cases necessary for the conclusion and execution of a contract between eMAG and the company you represent and/or to take steps before the conclusion of the contract, as well as for eMAG’s compliance with specific legal obligations. Also, the processing may also be based on our legitimate interest that the Sellers operating on the Platform meet the eligibility criteria provided in the eMAG contractual framework as well as the legitimate interest to defend ourselves in court in any disputes, through actions to establish, exercise or defend a right (for example, the situation in which we want to prove that we have solved a request from you or that we have fulfilled our contractual obligations or legal obligations imposed by the regulations governing online intermediation services / marketplace, such as Regulation 2019/1150 on the promotion of fairness and transparency for companies using online intermediation services).

2.2.         Verification of the identity of sellers’ representatives

In order to eliminate any suspicions of fraud as well as to limit and prevent possible fraud attempts, eMAG implements a procedure for verifying the identity of the real beneficiaries / representatives of the Sellers / potential Sellers in the eMAG Marketplace platform, which involves validating the identity of the person concerned, through a photo or a video call together with the authorized representatives from the eMAG departments. eMAG also carries out checks on the identification of customers and business partners in the field of money laundering.

Please note that at the time of creating your account, you. You will also provide a copy of your book. in order to verify your identity and to conclude the contractual relationship with eMAG. In this regard, we inform you that eMAG carries out, based on the legitimate interest, verification activities regarding the identification of customers and business partners, which involve the verification of documents, including the data entered in the identity card as well as the verification of independent additional information, where applicable. Please note that these activities may also be carried out together with partners authorized to carry out such activities in the field of money laundering / identity verification, such as MIH PayU B.V, and the retention period of the copy of your card. is a maximum of 30 days from the moment of its provision, subsequently the copy being deleted from the eMAG systems.

These Processing activities are carried out based on the legitimate interest of eMAG, justified with regard to the interest of fraud prevention, the interest of defending the rights and interests of eMAG in court by the possibility of bringing actions against Sellers whose real identity is known, as well as the interest of carrying out the Marketplace type activitytogether with real economic operators, and to protect eMAG from possible reputational risks that could arise in the event that goods and/or services are offered on the Platform by non-existent legal entities and/or with a history of fraud. Last but not least, eMAG’s legitimate interest in implementing the legal requirements applicable to it is also applicable (whenever the legal requirements do not require the direct processing of Personal Data, but the achievement of the objective involves the processing of your Personal Data, for example in the field of know-your-customer, money laundering and/or cybersecurity regulations).

In addition, these Processing activities are also carried out on the basis of the legitimate interest of third parties such as end customers, regarding their interest in acquiring goods and/or services from real companies in good faith, and of real companies that could be the victim of fraud as well as those that already have the status of eMAG Marketplace partner,  regarding the possible reputational risks that may arise as a result of the association by clients of their image with malicious persons.

In this regard, eMAG informs the data subjects through this Privacy Policy, which is made available to you. in the Platform, as well as at the beginning and during the enrollment process. Also, eMAG processes only those Data that are strictly necessary for the mentioned purpose (verification and identification of the representative of the Potential Seller / Seller, e.g. verification of the data in the copy of the identity card, verification of suspicious transactions or operations, correlation of the image in the identity document with the image of the interlocutor – photo / videocall, etc.). In addition, eMAG has implemented appropriate technical and organizational measures to guarantee the security, integrity and confidentiality of Personal Data.

2.3.         To improve our services

We constantly want to offer Sellers the best experience within eMAG Marketplace and we carry out activities to ensure that the functionalities of the Platform meet your expectations. as well as for the improvement of the existing ones. For this purpose, we may collect and use certain information in connection with your behavior. in the Platform, we may invite you to fill in satisfaction questionnaires or we may conduct, directly or with the help of partners, market studies and research.

Depending on the type of activity performed, the processing may be based on your consent. or on the basis of our legitimate interest in conducting business, always taking care that your rights and freedoms are not met. not to be affected.

2.4.         To carry out marketing activities

For this purpose, eMAG may process your Personal Data to send you personalized messages such as e-mail, SMS, push, webpush or to contact you by phone, to present you with information regarding different promotional campaigns in which you can participate as a Seller, possible partnerships or promotions.

As regards the legal bases, as a general rule, we base our marketing communications on your consent. Advance. In this regard, please keep in mind that you. You can give your consent by performing unequivocal actions such as signing up for a certain campaign, accepting by ticking the specific box or taking specific actions flagged as such (for example, to sign up you need to enter certain products in the indicated campaign).

In most cases, we base our marketing communications on your consent. Advance. You can change your mind and withdraw your consent at any time by:

ð   Changing the settings in the seller account in the “My Subscriptions” section;

ð  Accessing the unsubscribe link displayed in the messages you receive from us; or by

ð  Contacting eMAG using the contact details mentioned below in the 6.

Please note that certain ways to withdraw consent will not be available for any kind of communication, for example, the unsubscribe link will not be found in push communications.

Also, especially in the situation in which you are already a Seller within the Platform, we may base our processing related to marketing and on our legitimate interest to promote and develop our commercial activity in order to carry out commercial communications regarding similar products or services, which eMAG offers to Sellers. In this regard, you can object to the processing of your Personal Data at any time. for marketing purposes (both at the time of collection and subsequently, through the means described above). In the event that you oppose, eMAG will implement your opposition. as soon as technically possible and, in any case, within the deadline established by law, without asking you for additional explanations or giving reasons related to your situation. Private.

Please note that the withdrawal of consent or the exercise of the right to object to the receipt of commercial communications has no effect on the administrative or transactional communications that you will continue to receive (e.g. communications regarding orders, invoices, products displayed by you on the Platform, tickets opened by you,  notifications, notifications about activities in your account. etc.).

2.5.         In order to solve any requests or complaints from the clients of the eMAG Platform

We may process your Personal Data. to solve requests, complaints, requests or any other complaints made by the Platform’s customers regarding various aspects such as: the products and/or services sold and/or offered for sale by the Seller, the functionalities of the Platform, eMAG services. In these cases, the processing of your Data will be carried out, as a general rule, on the basis of the performance of the contract between the Seller and eMAG, but certain processing activities may be based on eMAG’s legitimate interest in fulfilling its obligations as a marketplace and in fulfilling and proving the actions that eMAG undertakes in that capacity, also having an interest in ascertaining,  exercise or defend a right.

2.6.         To comply with specific legal and regulatory requirements, detect fraud, resolve any disputes or disputes, as well as defend the legitimate interests of eMAG

We may process your Personal Data to comply with requirements contained in both national and European law, as well as to protect against fraud, to protect the interests of other beneficiaries of the Platforms, such as other Sellers, customers or service providers as well as our partners, to defend our rights and/or property in the context of potential or existing disputes,  to comply with our obligation to provide information and cooperate in the event of investigations, controls or audits and to ensure compliance on your part. of the contractual framework (including the eMAG Marketplace Terms and Conditions), which regulates the way in which the Platform can be used by sellers / Sellers.

Please note that this purpose also involves establishing technical parameters and processing in order to prevent and detect any risk related to unauthorized or unauthorized access to the Platform, as well as any risk related to the security of systems and/or accounts. In addition, in order to fulfill this purpose, eMAG may communicate Personal Data to third parties such as courts, debt collection companies, authorities, lawyers or may disclose data in order to comply with a legal obligation to respond to requests from these third parties.

This purpose may be based on the legal basis of eMAG’s compliance with specific legal and regulatory obligations, as well as eMAG’s legitimate interest in implementing the legal requirements applicable to it (whenever the legal requirements do not require the direct processing of Personal Data, but the achievement of the objective involves the processing of your Personal Data), as well as to protect against fraud and to settle any disputes or disputes, as well as to defend their rights and interests. In this regard, there may be situations in which we will use or transmit information to protect our rights and commercial activity. These may include:

·       Measures to protect the website, network security, software and users of the eMAG Marketplace platform against cyber attacks;

·       Measures to prevent and detect fraud attempts, including the transmission of information to the competent authorities;

·       Measures to manage various other risks.

The general basis for these types of processing is our legitimate interest to defend our business and comply with applicable obligations, ensuring that all measures we take ensure a balance between our interests and your rights and freedoms. Fundamental.

2.7.         To record the interactions between you. as a representative of the Seller and the representatives of eMAG

Taking into account the contractual framework between the Seller and eMAG as well as the applicable regulations, eMAG as a provider of online intermediation services, eMAG documents and records interactions with you. in order to be able to demonstrate the fulfillment of its own contractual and legal obligations. Thus, based on the legitimate interest regarding the possibility of ascertaining, exercising or defending a right of eMAG, related to the fulfillment of its obligations as a marketplace and the possibility of proving the actions taken in this capacity as well as in order to provide proof of the requests / modifications / agreements / options expressed by you, the interactions and telephone conversations and any data provided by you. in this framework will be documented and recorded by eMAG. Thus, please bear in mind that when you interact by phone with eMAG representatives, these telephone conversations will be recorded in order to prove the fulfillment of eMAG’s obligation to respond to the Sellers’ requests addressed under the concluded contract and to be able to prove the expression of your consent of will. on various aspects of the contractual relationship (for example, the fact that you have asked us to change certain information regarding the products offered by you, that you have asked us to cancel an order, to carry out certain operations related to an invoice, etc.).

Also, the interactions thus documented and/or recorded may be used in the subsidiary to analyze the quality of our services and the level of satisfaction of the Sellers in order to improve them (for example, in the event that there is a complaint from you regarding the quality of the call center service, the call can be listened to to evaluate the way in which the operator has responded to your requests).

Considering that the interactions between you and eMAG are as a representative of the legal entity, contractual partner of eMAG, your information. regarding this processing activity is accepted by you. as sufficient by this Privacy Policy, together with the applicable Terms and Conditions, which mention the possibility of fulfilling contractual obligations by means of tickets, chat-bot, call, etc. Regarding your contact. by eMAG through the telephone call and its recording, given that this activity involves the processing of your voice, you can oppose this processing, and eMAG will respond to your opposition. without asking for the reason related to your situation. on the basis of which you oppose. In this regard, you can exercise your right to object at any time, at the time of the conclusion of the contractual relationship, during the appeal, as well as afterwards by sending a request to the contact details mentioned in the section 6 of this Privacy Policy. In this case, the effective resolution of your requests, requests, complaints. It will not be affected in any way, but it is possible that the settlement period will be longer.

3.  Categories of Personal Data processed by eMAG:

In order to fulfil the purposes mentioned in section 2 above, eMAG processes your Personal Data. as a representative of the Seller, which directly identifies you or makes you identifiable. However, please note that the data mentioned below represent Personal Data, processed in accordance with this Privacy Policy and regulated by the Data Protection Legislation, exclusively in the situation in which they are related to you, representative of the Seller, as a natural person while,  when the data refers to the legal entity, they do not constitute Personal Data and are not subject to this Privacy Policy (for example, the company’s telephone number, tax identification code, the company’s IBAN, billing data, etc.).  Thus, eMAG processes:

3.          

3.1.         Identification data – such as name, surname, copy of the identity card and the data entered in it. Please bear in mind that the processing of Personal Data contained in your book is carried out for the purpose of verifying your identity. as well as for the purpose of preventing and sanctioning identity fraud by eMAG, in line with the purposes described in points 2.1., 2.2. and 2.6. In addition, this category also includes Personal Data provided during the procedure for verifying the identity of the representative, such as image, voice or other Personal Data provided voluntarily in this process.

3.2.         Contact details – such as phone number, email address. This Data may be processed for the fulfillment of any of the purposes mentioned above. In particular, this Data will be used to contact you, to communicate eMAG’s solution or decision regarding any of your requests, to resolve any incidents regarding the products and/or services offered on the Platform, as well as to allow the Platform’s customers to contact you when necessary (for example in relation to an order).

3.3.         Account data – such as username, email address, phone number, password, necessary to create your account and allow you to access it.

3.4.         Technical data – when you access eMAG Marketplace, our servers automatically create records of your visit. These logs usually include your IP address, number of accesses, type of browser you are accessing from, date and time of your activity, preferences selected, operating system used, cookie choices, location data, logs. This Data is processed for the main purpose of providing you with access to the Platform but may also be used by eMAG for purposes such as conducting management and statistical reports, detecting and stopping fraud attempts, improving the quality of the services offered.

3.5.         Financial data – such as debit/credit card data, billing and payment data.

3.6.         Data regarding the contractual relationship, interactions and telephone conversations and any data provided by you in this context – such as notes or recordings of a telephone call with eMAG representatives, your voice, etc. (without carrying out any processing related to identification in relation to it), live chat/e-mail correspondence, details regarding requests, complaints, questions, notifications related to the contractual relationship between you. and eMAG, your requests to exercise your rights and any other records or data you choose to provide in your interactions. with us, regardless of the medium (notes, recordings, etc.).

3.7.         Other Personal Data processed from time to time to solve or prevent various situations in connection with the provision of the service (for example, the position within the company, other Personal Data provided by you voluntarily in the process of enrollment in the Platform or during telephone conversations with eMAG operators, any photos uploaded to the Platform by you,  details of interactions with the dedicated call centre, etc.).

Please note that the provision of certain Personal Data may be mandatory for your registration. in the Platform and for the conclusion and/or execution of the contract between eMAG and the Seller. eMAG will communicate such situations to you (including through the use of symbols/warnings in the interfaces regarding the obligation to provide certain data) and your refusal will not be possible. providing us with this data will make it impossible to create or maintain the Seller account within the eMAG Marketplace Platform.

4. Access to your Personal Data, Recipients of your personal data and general rules regarding retention periods

Within eMAG, your Personal Data may be accessed by eMAG employees involved in activities related to the contract concluded between eMAG and the company of which you are an employee/representative.

Also, for the provision of services through eMAG Marketplace, we share your Personal Data. to Recipients of the type mentioned below:

Customers of the eMAG platform

Considering the specificity of eMAG Marketplace, namely the provision of an online intermediation service, it is possible that certain Personal Data may be made available to customers for the purpose of executing contracts (for example, between Seller and eMAG, between Seller and customer, between customer and eMAG) and all operations related to these contracts.

Third-party support and/or ancillary service providers, such as:

·       electronic communications services (e.g. e-mailing, SMS, etc.);

·       IT services (e.g. maintenance, support, development, cloud);

·       audit services;

·       legal, notary, recovery agencies or other consultancy services;

·       archiving services in physical and/or electronic format;

·       courier services;

·       customer support services such as CRM software or call center service providers;

·       identity verification and payment processing services.

Marketing and/or communication service providers, such as:

·       Marketing agencies;

·       Research agencies, surveys and market studies;

·       Communication and PR agencies;

·       Partners specialized in organizing lotteries and contests.

Law enforcement, regulators and other authorities:

We may disclose your Personal Data to law enforcement, regulators, public government bodies, and other relevant third parties for the purposes of complying with any legal or regulatory requirements.

Affiliates

eMAG may disclose your Personal Data. to its affiliates in the event that this is necessary for operations related to investments, due diligence operations, change of shareholding, change of corporate structure and the like. In addition, in the event that you choose to benefit from or participate in certain services, campaigns, partnerships involving several companies in the eMAG group, your Personal Data will not be subject to any may be disclosed to them, for the purposes made known to you. at the time of these actions. 

Mergers and acquisitions:

In the event that our business or assets (or part thereof) are reorganised, sold, transferred or merged with another business, your Personal Data will be disclosed and transferred to the new owners of the business. In such situations, we will take all measures required by law (including notifying you, where applicable and in accordance with the law).

Retention period for your Personal Data

eMAG will keep your Personal Data for as long as it is reasonably necessary for the purpose mentioned in this Privacy Policy or under applicable legal obligations.

As a general rule, we will store your Personal Data. as long as you have an account on the eMAG Marketplace Platform. In the event that you request the deletion of your Seller account within eMAG Marketplace, eMAG may continue to Process certain Personal Data about you. by virtue of its legal obligations as well as by virtue of its legitimate interest in defending itself against fraud or to defend itself in the event of disputes. Thus, eMAG may keep certain personal data even after the closure of the account / termination of the contractual retaliation, when the applicable legislation (for tax and accounting purposes for example) or our legitimate interests or those of our clients / partners require it. Subsequently, we will remove/delete your Personal Data from our systems and records and/or take steps to anonymize it so that you. as a Seller representative, you can no longer be identified.

If you would like further information regarding the applicable storage periods, please contact us using any of the contact details described in the 6.

5. Your rights as a data subject:

You have several rights in relation to your Personal Data. You can request access to your Data, the correction of any mistakes in the eMAG Marketplace Platform and/or you can raise objections regarding the Processing of your Personal Data. You can also exercise your right to complain to the competent supervisory authority or to go to court. More information about each of these rights can be obtained by consulting the table presented below.

In order to exercise your rights, you can contact us at the contact address mentioned below, section 6. Please take into account the following preliminary aspects:

Identity. In order to ensure the ownership of the data, the ownership of the account, the legitimacy of the request, etc., we reserve the right to verify your identity at the time you make a request related to Personal Data.

Fees. We will not charge you a fee to exercise any rights in relation to your Personal Data, unless your request is unfounded, repetitive or excessive, in which case we will charge a reasonable amount taking into account the administrative costs of providing the information or communication or taking the requested steps. We will inform you of any applicable fees before settling your claim.

Time frames and additional details. We aim to respond to any valid requests without undue delay and in all cases within one month of receiving your request. However, given the complexity of the request and/or the large number of requests within a given period, we may extend the response period up to 3 (three) months from receipt of your request(s), duly informing you of such extension. In addition, there will be situations where, in order to ensure that we interpret your request. In order to ensure a faster processing of your request, we will ask you for details of what you have requested (for example what data/information you want to receive or what you are concerned about). This will help us to act faster or in line with what you want.

Rights of third parties. We do not have to comply with a request if it would adversely affect the rights and freedoms of other data subjects.

Possible “Self-service” mechanisms. The exercise of certain rights can be facilitated by eMAG by implementing self-service mechanisms, i.e. mechanisms that allow you to implement these rights by activating existing functionalities in the Platform. In these cases, eMAG will indicate these mechanisms and provide you with details on how they work and the effects of their use.

6. Contact details and how you can exercise your rights

For any information or requests to exercise your rights regarding the Processing of your personal data, you can contact the eMAG Data Protection Officer using the following methods:

• Email Address: data.protection@emag.ro
• By mail or courier to the address: Bucharest – North road no. 15-23, Swan Office Park, Windsor Building, 5th floor, Voluntari, Ilfov County – with the mention to the attention of the eMAG Data Protection Officer

If you have a complaint, a concern or would like more information about how we use your Personal Data, please contact us and we will try to clarify the situation as soon as possible and in any case within the deadline set by law.