DATA PROCESSING POLICY
IULIUS MALL IASI

 We process the data made available by you in a friendly and benevolent manner

Therefore, we hereby inform you that as of the 25th of May 2018, the Regulation 2016/679/EU on the protection of individuals with regards to the processing of personal data and on the free movement of such data (hereinafter referred to as the “Regulation”) shall be applied by all the European Union member states.

ATTRIUS DEVELOPMENTS SRL, the company that manages the Iulius Project, adheres to and is getting in line with the provisions of the Regulation and notifies you on a series of important aspects.

  1. Data processing
  • Campaigns involving prizes

By their application to participate in the campaigns involving prizes organized by ATTRIUS DEVELOPMENTS S.R.L. in Iulius Mall, the participants expressly represent that they agree to the rules of such campaigns and to the processing of their personal data and registration thereof in the data base belonging to Attrius Developments S.R.L, during the period when such campaign is conducted.

The rights as per the Regulation are guaranteed to all participants. Processing of personal data will be carried out by Attrius Developments S.R.L. in compliance with the Regulation, the notice regarding the processing of such data being registered in the record of personal data processing activities under no. 6568 with the National Supervisory Authority competent in relation to the processing of personal data.

The purposes for which one requests the Participants’ personal data are strictly related to the identification and validation of the winners, such as, for example:

  • Name, Surname: to check and confirm identity in respect of the participant/winner in the campaign, to attest the takeover of the won prize (if applicable) and fulfilment of the financial/fiscal legal obligations.
  • Phone number: to notify the winners and validate the entry in the raffle, by receipt of a SMS message sent to the participant’s phone number.
  • E-mail address: participant must submit the data afferent to this field in order to be informed about the winning. Moreover, such information will be used to convey certain promotional materials related to the campaigns organized by Attrius Developments S.R.L. exclusively after the submittal of the participant’s express consent, upon completion of the campaign; during the campaign, the e-mail address will be used for the transmittal of information related to the conduct of the relevant campaign in which the participant has applied to enter.
  • Date of birth: required in order to confirm that the participant is an adult and is eligible for winning.

The grounds for this processing activity are represented by the consent expressed by you, the rules of the campaign and the applicable legal provisions.

Upon completion of the campaign, each participant will receive an e-mail by means of which such participant has the possibility to confirm his/her willingness to receive informative materials related to the promotional campaigns conducted by Attrius Developments S.R.L. If the participant does not grant his/her express consent, Attrius Developments S.R.L. undertakes to delete the personal data of participants, except for the data supplied by the winners, data that is to be used for the fulfilment of the financial/fiscal obligations, according to the fiscal legislation, and will be archived as per the applicable legal provisions.

For the witnesses attending the raffle draw one collects the name, surname, series and number of the identity card, in order to attest the manner in which the raffle draw is carried out.

For the winners of campaigns one collects the data mentioned below and signatures applied on the prize takeover protocols, in order to confirm that the prize has been took over and the identity of the winner, for the fulfilment of the financial, fiscal obligations incumbent on the Attrius Developments S.R.L. company. The collection of such data is performed by means of the Public Relations Assistants at the Informational Centers, which deliver the prizes, subsequently being submitted to the Accounting department, where same are stored as per the fiscal legislation and will be archived in accordance to the applicable legal provisionswebsite www.iuliusmall.com/iasi and available at the Informational Centers, in hard copy format.

For all the participants in the campaign, the data used by Attrius Developments S.R.L. are represented by the e-mail addresses, for the conveyance of informative newsletters, and the phone number, for the transmittal of the SMS message afferent to the validation of participant’s entry in the campaign.

For the winners of prizes offered through random draw having values of less than 600 RON, the information collected by means of the protocols is as follows: name, surname, the personal numeric code CNP, the state of residence, elements requested by the Fiscal Code as to confirm the takeover of prize by the winners. Furthermore, a copy of the identity document will be requested in order to ensure the deductibility of expenses incurred by Attrius Developments S.R.L. in relation to the distribution of such prizes.

Excerpt from Law no. 227/2015 concerning the Fiscal Code:

“ART. 25 – Expenses

  • In order to determine the fiscal outcome, one will deem as deductible expenses the expenses incurred in order to conduct the economic activity, inclusively those regulated under normative deeds in force, as well as the membership application charges, membership fees and contributions owed to the commerce and industry chambers, entrepreneurs’ associations and labor union organizations.

Methodological norms – SECTION 5 – Expenses

  1. (1) In the application of the provisions in art. 25 paragraph (1) of the Fiscal Code, expenses incurred in order to conduct the economic activity are, without limitation, the following:
  2. a) the advertising and publicity expenses, incurred in order to raise the public awareness in respect of the company, the goods or services, as well as the costs in conjunction with the production of materials required for the conveyance of the advertising messages. Also, the goods that are granted as samples within certain advertising campaigns, for testing of products and demonstrations conducted at the points of sale, and other goods and services granted in view of stimulating sales too, are as well included in the category of advertising and publicity expenses;”

 

For the winners of prizes having values of more than 600 RON, in respect of which an obligation exists to submit a statement for, and pay, the afferent tax (statement 205 – Informative statement concerning the withholding tax, revenues from gambling activities and gains/losses from investments, per beneficiaries of revenues; OPANAF 3695/2016, OPANAF 3726/2017), one collects by means of the protocols the following information: name, personal numeric code CNP, and the state of residence. Moreover, copies of the identity cards are also kept, as per the provisions of law 227/2015, art 132, for an adequate validation of the statement.

Excerpt from Law no. 227/2015 concerning the Fiscal Code:

ART. 132 – Obligations related to submittal of statements incumbent on the payers of withholding tax

(1) The payers of revenues subject to a withholding tax regime are bound to calculate, to withhold, to pay and to declare the withholding tax, until the due payment term thereof, inclusively.

(2) The payers of revenues subject to a withholding tax regime are under the obligation to submit a statement concerning the calculation and withholding of such tax per each beneficiary of revenue, to the competent fiscal body, until on the last day of February, inclusively, in the current year for the ended year, except for the payers of revenues from salaries and amounts assimilated to salaries, from the valorization in any way of the intellectual property rights, from land lease, as well as of the legal persons which are under the obligation to calculate, withhold and pay the tax owed by the legal person as per art. 125 paragraphs (8) and (9), which are bound to submit the Statement concerning the payment obligations related to social contributions, tax on income and the nominal records evidencing the persons insured for each beneficiary of revenue.

 

Excerpt from the ORDER No. 3695/2016 (GUIDANCE concerning form 205 “Informative statement concerning the withholding tax …”)

For each type of revenue paid, within the same form, one will generate a separate table, inscribing therein the corresponding data, per beneficiaries of revenue.

Col. 1 – shall be filled in for each beneficiary of revenue, inscribing therein the name and surname of the natural persons for which the payer of revenue has withheld a tax – and/or has made the payment of revenues.

Col. 2 – shall be filled in, as applicable, with “Resident” or “Nonresident”, according to the situation of each beneficiary of revenue as at the time when such revenue was acquired.

Col. 3 – shall be filled in only in the case of nonresident beneficiaries of revenue, inscribing therein the state where such nonresident person has residence as at the time when such revenue is acquired.

Col. 4 – one shall inscribe the personal numeric code, or the fiscal identification number allotted by the National Fiscal Administration Agency upon the fiscal registration, as applicable.

Col. 5 – one shall inscribe the fiscal identification code of the nonresident beneficiary of revenue, issued by the fiscal authority of the state where the nonresident natural person is a resident

 

  • Informative newsletters, via the website

In case you have opted, by means of the www.iuliusmall.com/iasi website, to register your e-mail address in order to receive informative newsletters about Iulius Mall Iași, please rest assured that we will not use your address for any other purposes than the above-mentioned one.

Furthermore, you have the possibility to cancel at any moment your subscription to the newsletter, by clicking the link “Unsubscribe” present on the lower part of the newsletter.

  • Events organized and hosted by Iulius Mall Iași

We are hereby informing you that for marketing and promotional purposes we capture images with persons present in the attendance at our events and it is possible that such images get displayed on our Facebook page or in the media. In case you do not want to appear in such images, please exercise this right by informing the photographer or by sending us a written request as to remove the relevant photo.

  1. Your rights as data subject

2.1 The right of access means that you are entitled to obtain a confirmation from our part whether we process or not the personal data concerning you and, in the situation where we do process such data, to access the relevant data and information concerning the manner in which such data are processed.

2.2. The right to data portability refers to the right to receive the personal data in a structured format, which is customarily used and that can be automatically read, and the right that such data are conveyed directly to another operator, if this is feasible from a technical perspective.

2.3. The right to object relates to your entitlement to object to the processing at any moment of your data, unless such processing is made for the goal of fulfilling a legal purpose.

2.4. The right to rectification relates to the correction, without undue delay, of the inaccurate personal data.

2.5. The right to data erasure (“right to be forgotten”) or to restrict processing means you are entitled to request the erasure or amendment of the manner in which we use your personal data, without undue delay, in the situation where one of the following reasons is applicable: such data are no longer required for the fulfilment of the purposes for which such data were collected or processed; you withdraw your consent and there is no other legal ground for the processing; you object to the processing and there are no lawful reasons that would prevail; the personal data have been processed illegally; the personal data must be erased in order to comply with a legal obligation;

The participants benefit of the above-mentioned rights and of any other rights granted by the Regulation or other applicable normative deeds and may exercise such rights by submittal of a written request to the address: Iași, Blv. Tudor Vladimirescu, Iulius Mall Iași Administrative Offices, to the attention of the Marketing Department.

  1. Data Storage Period

In case you exercise the right to be forgotten, your data will be stored during the period of fulfilment of the goal for which same have been collected and in order to meet all the afferent legal obligations, and will not be transferred to third parties without an express consent given by you.

Furthermore, as of 25 May 2018, for questions and requirements related to the personal data processing you can contact the Data Protection Officer at the e-mail address marketing.imis@iuliusmall.com.

 

Iulius Mall Iași, by

ATTRIUS DEVELOPMENTS S.R.L.