PRIVACY NOTICE

INTRODUCTION

BODYART School Hungary Kft. (tax number: 26732730-2-41, company registration number: 01-09-356152, registered office: 1027 Budapest, Bem József utca 9. fszt.) (hereinafter referred to as: Service Provider, data controller) hereby submits itself to the following information.

In accordance with REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL (27 April 2016) on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Regulation 95/46/EC (General Data Protection Regulation), we hereby provide the following information.

This data protection notice regulates the data processing of the following site: https://bodyart-training.hu

The amendments to the notice will enter into force upon publication at the above address.

DATA CONTROLLER AND CONTACT DETAILS

• Name: BODYART School Hungary Kft.

• Registered office: 1027 Budapest, Bem József utca 9. fszt.

• Email: info@bodyart-training.hu

TERM DEFINITIONS

• „personal data”: any information relating to an identified or identifiable natural person (“data subject”); an identifiable natural person who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, number, location data, online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person;

• „processing”: means any operation or set of operations which is performed upon personal data or upon sets of 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;

• „controller”: means the natural or legal person, public authority, agency or any 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 the processing are determined by Union or Member State law, the controller or the specific criteria for the designation of the controller may also be determined by Union or Member State law;

• „processor”: means the natural or legal person, public authority, agency or any other body which processes personal data on behalf of the controller;

• „recipient”: means the natural or legal person, public authority, agency or any other body to which personal data are disclosed, whether or not it is a third party. Public authorities which may have access to personal data in the context of an individual investigation in accordance with Union or Member State law shall not be considered recipients; the processing of such data by such public authorities shall be in accordance with the applicable data protection rules in relation to the purposes of the processing;

• „consent of the data subject”: means any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which the data subject, by a statement or by a clear affirmative action, signifies agreement to personal data relating to him or her being processed;

• „data breach”: means any 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.

PRINCIPLES FOR THE PROCESSING OF PERSONAL DATA

Personal data:

1. Must be processed lawfully and fairly and in a manner that is transparent to the data subject (“lawfulness, fairness and transparency”);

2. Collected only 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 and historical research purposes or statistical purposes shall not be considered incompatible with the initial purpose in accordance with Article 89(1) (“purpose limitation”);

3. Adequate and relevant in relation to the purposes for which the processing is carried out and limited to what is necessary (“data economy”);

4. Accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data which are inaccurate, having regard to the purposes of the processing, are erased or rectified without delay (“accuracy”);

5. They must be stored 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 a longer period only if the personal data are processed for archiving purposes in the public interest, scientific and historical research purposes or statistical purposes in accordance with Article 89(1), subject to the implementation of appropriate technical and organizational measures required by the regulation to protect the rights and freedoms of the data subjects (“limited storage”);

6. Processing must be carried out in such a way that appropriate technical or organizational measures ensure the appropriate security of personal data, including protection against unauthorized or unlawful processing, accidental loss, destruction or damage (“integrity and confidentiality”).

The data controller is responsible for compliance with the above and must be able to demonstrate such compliance (“accountability”).

DATA PROCESSING & THE DATA PROCESSORS USED

1. Hosting Service Provider

• Activity provided by the data processor: Hosting service

• Name and contact details of the data processor: MAXER Hosting Kft. 9024 Győr, Répce utca 24. 1. em. 3. Tel.: +3612579913

• The fact of data processing, the scope of data processed: All personal data provided by the data subject.

• The scope of data subjects: All data subjects using the website.

• The purpose of data processing: Making the website accessible and operating it properly.

• The duration of data processing, deadline for data deletion: Immediately upon cancellation of registration.

• The legal basis for data processing: User’s consent, Section 5 (1), Article 6 (1) a) of the Infotv., and Section 13/A (3) of Act CVIII of 2001 on certain issues of electronic commerce services and services related to the information society.

2. Cookie Management

• The fact of data processing, the scope of data processed: Unique identification number, dates, times.

• The scope of data subjects: All data subjects visiting the website.

• Purpose of data processing: Identification of users and tracking of visitors.

• Persons of potential data controllers authorized to view the data: The data controller does not process personal data using cookies.

• Description of the rights of data subjects related to data processing: The data subject has the option to delete cookies in the Tools/Settings menu of browsers, usually under the settings of the Data Protection menu item.

• Legal basis for data processing: Consent from the data subject is not required if the sole purpose of using cookies is to transmit communications via an electronic communications network or if the service provider absolutely needs it to provide an information society-related service explicitly requested by the subscriber or user.

3. Use of Google Analytics

This website uses Google Analytics, a web analytics service provided by Google Inc. (“Google”). Google Analytics uses so-called “cookies”, text files that are stored on your computer to help the website operator analyze how you use the website.

The information generated by the cookies about your use of the website is usually transmitted to and stored by Google on a server in the USA. If IP anonymization is activated on the website, Google will first shorten your IP address within the member states of the European Union or in other states party to the Agreement on the European Economic Area.

The full IP address will only be transmitted to a Google server in the USA and shortened there in exceptional cases. On behalf of the operator of this website, Google will use this information to evaluate how the User uses the website, to compile reports on website activity for the website operator and to provide other services relating to website and internet usage.

The IP address transmitted by the User’s browser within the framework of Google Analytics will not be merged with other data held by Google. The User can prevent the storage of cookies by setting their browser accordingly; however, please note that in this case not all functions of this website may be fully usable. You can also prevent Google from collecting and processing the data generated by cookies and relating to your use of the website (including your IP address) by downloading and installing the browser plug-in available at the following link: https://tools.google.com/dlpage/gaoptout?hl=hu.

4. Completing Newsletter, DM Activity, Test, Questionnaire

Pursuant to Section 6 of Act XLVIII of 2008 on the Basic Conditions and Certain Limitations of Economic Advertising Activity, the User may give prior and express consent to the Service Provider contacting him/her with advertising offers and other mailings at the contact details provided upon registration.

Furthermore, the Customer, keeping in mind the provisions of this information – by completing the test, questionnaire – may consent to the Service Provider processing his/her personal data necessary for sending advertising offers.

The Service Provider does not send unsolicited advertising messages, and the User may unsubscribe from sending offers free of charge without restriction or justification. In this case, the Service Provider will delete all personal data necessary for sending advertising messages from its records and will not contact the User with further advertising offers. The User may unsubscribe from advertisements by clicking on the link in the message.

• The scope of data subjects: All data subjects who complete the test and subscribe to the newsletter.

• The purpose of data processing: Completing the test and sending electronic messages containing advertising to the data subject, providing information about current information, products, promotions, new features, etc.

• Duration of data processing, deadline for data deletion: Data processing continues until the consent is withdrawn, i.e. until the user unsubscribes.

• Potential data controllers authorized to access the data, recipients of personal data: Personal data may be processed by the data controller’s sales and marketing staff, in compliance with the above principles.

Description of the rights of data subjects in relation to data processing: The data subject may request access to, rectification, erasure or restriction of processing of personal data concerning him or her from the data controller, and may object to the processing of such personal data, and the data subject has the right to data portability and to withdraw consent at any time.

The data subject may initiate access to, deletion, modification or restriction of processing of personal data, data portability, and objection to data processing in the following ways:

• By post: 1027 Budapest, Bem József utca 9. fszt.

• By e-mail: info@bodyart-training.hu

The data subject may unsubscribe from the newsletter at any time, free of charge.

Legal basis for data processing: The data subject’s consent, Article 6 (1) a), Section 5 (1) of the Infotv., and Section 6 (5) of Act XLVIII of 2008 on the basic conditions and certain limitations of economic advertising activity:

The advertiser, the advertising service provider, or the publisher of the advertisement – within the scope specified in the consent – keeps a register of the personal data of the persons who have made a declaration of consent with them. The data recorded in this register – concerning the recipient of the advertisement – may only be processed in accordance with the provisions of the declaration of consent, until its withdrawal, and may only be transferred to a third party with the prior consent of the data subject.

We would like to inform you that:

• Data processing is based on your consent.

• You are obliged to provide personal data if you wish to receive a newsletter from us.

• Failure to provide data will result in us not being able to send you a newsletter.

5. Social Sites

• The fact of data collection, the scope of data processed: Facebook/Google+/Twitter/Pinterest/Youtube/Instagram etc. registered name and the user’s public profile picture on social sites.

• Scope of data subjects: All data subjects who have registered on Facebook/Google+/Twitter/Pinterest/Youtube/Instagram etc. and have „liked” the website.

• Purpose of data collection: To share or „like” certain content elements, products, promotions or the website itself on social sites.

• Duration of data processing, deadline for data deletion, identity of potential data controllers authorized to access the data: The data subject can find out about the source of the data, its management, the method of transfer and its legal basis on the given social media site. Data processing is carried out on social media sites, so the duration, method of data processing and the possibilities of data deletion and modification are subject to the regulations of the given social media site.

• Legal basis for data processing: The data subject’s voluntary consent to the processing of his/her personal data on social media sites.

6. Customer Contacts and Other Data Processing

If the data controller has any questions or problems while using our services, the data subject may contact the data controller via the methods provided on the website (telephone, e-mail, social media sites, etc.).

The data controller will respond to received e-mails, messages, telephone, Facebook, etc. The data provided, together with the name and e-mail address of the interested party and other voluntarily provided personal data, will be deleted no later than 2 years after the data was provided.

We will provide information on data processing not listed in this information when the data is collected.

In exceptional cases, upon request by authorities or other bodies authorized by law, the Service Provider is obliged to provide information, communicate data, transfer data, or make documents available. In these cases, the Service Provider will disclose personal data only to the extent and insofar as is strictly necessary to fulfil the purpose of the request.

RIGHTS OF THE DATA SUBJECT

Right of Access

You have the right to obtain from the controller information as to whether or not your personal data are being processed and, where such processing is taking place, access to the personal data and the information listed in the Regulation.

Right to Rectification

You have the right to obtain from the controller, upon request, the rectification of inaccurate personal data concerning you without undue delay. Taking into account the purpose of the processing, you have the right to request the completion of incomplete personal data, including by means of a supplementary statement.

Right to Deletion

You have the right to obtain from the controller the erasure of personal data concerning you without undue delay, and the controller is obliged to erase personal data concerning you without undue delay under certain circumstances.

Right to be Forgotten

Where the controller has made the personal data public and is obliged to erase them, the controller, taking into account available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform the controllers processing the data that you have requested the erasure of links to the personal data or of any copy or replication of those personal data.

Right to Restrict Data Processing

You have the right to obtain from the controller restriction of processing where one of the following conditions applies:

• You contest the accuracy of the personal data, in which case the restriction shall apply for a period enabling the controller to verify the accuracy of the personal data;

• The processing is unlawful and you oppose the erasure of the data and request the restriction of their use instead;

• The controller no longer needs the personal data for the purposes of the processing, but you require them for the establishment, exercise or defence of legal claims;

• You have objected to the processing; in which case the restriction shall apply for a period of time until it is determined whether the legitimate grounds of the controller override your legitimate grounds.

Right to Data Portability

You have the right to receive the personal data concerning you, which you have 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 whom the personal data have been provided.

Right to Object

You have the right to object at any time, on grounds relating to your particular situation, to the processing of your personal data concerning you, including profiling based on those provisions.

Objection in the Event of Direct Marketing

If the processing of personal data is carried out for direct marketing purposes, you have the right to object at any time to the processing of personal data concerning you for such purposes, including profiling insofar as it is related to direct marketing. If you object to the processing of personal data for direct marketing purposes, the personal data will no longer be processed for such purposes.

Automatic Decision-Making in Individual Cases, Including Profiling

You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you.

The previous paragraph shall not apply where the decision:

• Is necessary for entering into, or the performance of, a contract between you and the controller;

• Is permitted by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard your rights and freedoms and legitimate interests; or

• Is based on your explicit consent.

Time-Limit for Action

The controller shall inform you of the action taken on your request without undue delay and in any event not later than 1 month from the date of receipt of the request.

This may be extended by 2 months if necessary. The controller shall inform you of the extension of the deadline within 1 month of receipt of the request, indicating the reasons for the delay.

If the controller does not take action on your request, it shall inform you without delay, but at the latest within one month of receipt of the request, of the reasons for the failure to take action and of the possibility of lodging a complaint with a supervisory authority and of exercising your right to a judicial remedy.

SECURITY OF DATA PROCESSING

The controller and the processor shall keep abreast of the state of science and technology and of the implementation costs of processing, as well as the nature, scope, circumstances and purposes of the processing and the varying likelihood and severity of the risk to the rights and freedoms of natural persons, implement appropriate technical and organisational measures to ensure a level of data security appropriate to the risk, including, inter alia, where applicable:

• Pseudonymisation and encryption of personal data;

• Ensuring the continued confidentiality, integrity, availability and resilience of systems and services used to process personal data;

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

• A procedure for regularly testing, assessing and evaluating the effectiveness of the technical and organisational measures taken to ensure the security of data processing.

NOTIFICATION OF A DATA PROTECTION INCIDENT

Notification to the Data Subject

Where the data breach is likely to result in a high risk to the rights and freedoms of natural persons, the controller shall notify the data subject of the data breach without undue delay.

The notification to the data subject shall clearly and intelligibly state the nature of the data breach and the name and contact details of the data protection officer or other contact person; describe the likely consequences; and describe the measures taken or planned by the controller to remedy the breach.

The data subject does not need to be informed if any of the following conditions are met:

• The controller has implemented appropriate technical and organisational protection measures (such as encryption) that make the data unintelligible to unauthorized persons;

• The controller has taken additional measures to ensure that the high risk is unlikely to materialise;

• The provision of information would involve a disproportionate effort (in such cases, public information shall be used).

If the controller has not yet notified the data subject, the supervisory authority may order the notification.

Notification of a Breach to the Authority

The controller shall notify the personal data breach to the competent supervisory authority without undue delay and, where feasible, not later than 72 hours after having become aware of it, unless the personal data breach is unlikely to result in a risk to the rights and freedoms of natural persons.

COMPLAINT POSSIBILITY

A complaint against a possible violation by the data controller can be filed with the National Data Protection and Freedom of Information Authority:

National Data Protection and Freedom of Information Authority

• Address: 1125 Budapest, Szilágyi Erzsébet fasor 22/C.

• Mailing address: 1530 Budapest, PO Box: 5.

• Telephone: +36-1-391-1400

• Fax: +36-1-391-1410

• E-mail: ugyfelszolgalat@naih.hu

CLOSING

When preparing this information, we took into account the following legal provisions:

• REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation)

• Act CXII of 2011 on the right to informational self-determination and freedom of information (Infotv.)

• Act CVIII of 2001 on certain issues of electronic commerce services and information society services (especially Section 13/A)

• Act XLVII of 2008 on the prohibition of unfair commercial practices towards consumers

• Act XLVIII of 2008 on the basic conditions and certain limitations of economic advertising activities (especially Section 6)

• Act XC of 2005 on electronic freedom of information

• Act C of 2003 on electronic communications (specifically Section 155)

• Opinion No. 16/2011 on behavioral online advertising on the EASA/IAB Recommendation on good practice

• Recommendation of the National Data Protection and Freedom of Information Authority on data protection requirements for prior information