Privacy Policy

This English version is provided for convenience. If it differs from the Slovak version, the Slovak version prevails.Note: This document is for information purposes only. The controller recommends having it legally reviewed before publication and keeping it up to date with the tools and processors actually in use.

1. Controller and contact

The controller, which determines the purposes and means of processing your personal data (and is also the seller in the SMOUKS online shop), is TMB CAPITAL s. r. o., Company ID (IČO): 57 256 730, Tax ID (DIČ): 2122632160, VAT ID (IČ DPH): SK2122632160 (VAT payer), with its registered office at Lermontovova 911/3, 811 05 Bratislava – mestská časť Staré Mesto, registered in the Business Register of the Municipal Court Bratislava III, Section: Sro, Insert No. 192467/B (the “controller”).

We process personal data in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data (the “GDPR”) and Act No. 18/2018 Coll. on the protection of personal data, as amended.

You can contact us on personal data protection matters:

• by email: info@smouks.sk,
• by phone: +421 951 981 839,
• in writing at the controller’s registered office stated above.

Further contact options can be found on our Contact page.

2. What personal data we process

We process only the personal data that you provide to us yourself, or that is necessary to fulfil your order and provide our services:

• identification data — first name and surname and, where applicable, business name and Company ID/Tax ID (IČO/DIČ) when purchasing as a company;
• contact data — email address, phone number, delivery and billing address;
• order data — goods ordered, order value and history, the chosen shipping and payment method, communication relating to the order;
• payment data — information needed to match and record the payment. Payment card data is processed exclusively by the payment gateway provider; the controller does not store card numbers or security codes and has no access to them;
• technical data obtained through cookies and similar technologies (see section 8).

As our range is intended exclusively for persons over 18, we may also process confirmation that you meet the age limit; purchases in the SMOUKS shop are only possible for persons over 18.

3. Purposes and legal bases of processing

• Fulfilling and delivering orders — processing is necessary for the performance of the purchase contract to which you are a party (Art. 6(1)(b) GDPR).
• Accounting and tax obligations — issuing and archiving tax documents is necessary for compliance with the controller’s legal obligations (Art. 6(1)(c) GDPR).
• Sending the newsletter and marketing communications — we process data on the basis of your consent (Art. 6(1)(a) GDPR), which you can withdraw at any time.
• Customer support and protection of legal claims — we process data on the basis of the controller’s legitimate interest in providing its services smoothly, handling enquiries and defending legal claims (Art. 6(1)(f) GDPR).

4. Recipients and processors

We may share your personal data, to the extent necessary, with processors and recipients who help us run the shop. All of them are bound by a duty of confidentiality and process the data only on our instructions:

• carriers — Packeta (Zásielkovňa) and courier services, to deliver the parcel;
• email service provider — Resend, to send transactional and marketing emails;
• payment gateway provider, to process online payments;
• hosting and database provider — Vercel (web application hosting) and Supabase (database);
• in justified cases, public authorities, where required by a specific legal regulation.

5. Transfers to third countries

Some of the service providers listed above may have their registered office or servers outside the European Economic Area (in particular in the United States of America). In such cases, the transfer of personal data is secured by appropriate safeguards within the meaning of Art. 44 et seq. GDPR — in particular standard contractual clauses approved by the European Commission, or an adequacy decision.

6. Data retention period

We keep personal data only for as long as necessary to achieve the purpose for which it is processed:

• accounting and tax documents — for the period laid down by specific regulations, usually 10 years;
• order data — for as long as necessary to fulfil the order and to exercise any rights under the contract (including complaints and warranty);
• marketing data processed on the basis of consent — until consent is withdrawn.

7. Rights of the data subject

In connection with the processing of your personal data, you have the following rights under the GDPR:

• the right of access to your personal data,
• the right to rectification of inaccurate or incomplete data,
• the right to erasure (the “right to be forgotten”),
• the right to restriction of processing,
• the right to data portability,
• the right to object to processing,
• the right to withdraw your consent at any time, without affecting the lawfulness of processing before its withdrawal,
• the right to lodge a complaint with the supervisory authority, which is the Office for Personal Data Protection of the Slovak Republic, Hraničná 12, 820 07 Bratislava 27.

You can exercise your rights using the contact details given in section 1. We will respond to your request without undue delay and within one month at the latest.

8. Cookies

Our website uses cookies and similar technologies. Detailed information on their type, purpose and period of validity, and on how to manage them and withdraw consent, can be found in our Cookie Policy.

9. Final provisions

This privacy policy takes effect on the date of its publication. The controller reserves the right to update it at any time; it will inform you of material changes in an appropriate manner on this website.

Data processing in connection with purchases is further governed by the Terms & Conditions, Withdrawal from contract and the Complaints Policy. If you have any questions, contact us at info@smouks.sk or via our Contact page.