Notice on the processing of personal data

This notice on the processing of personal data (hereinafter referred to as the “Notice”) was prepared by Merch s.r.o., with its registered office at Slávičia 10, 903 01 Senec, Company ID No.: 47 608 803, entered in the Commercial Register of the Municipal Court Bratislava III, Section: Sro, Insert No.: 95409/B (hereinafter referred to as the “Company”) for the purpose of providing brief, transparent, intelligible and easily accessible information regarding the processing of your personal data.

 

  1. Definitions of terms used

 

In accordance with the principle of transparency and intelligibility, for the purposes of providing information within this Notice, the Company uses the following terms:

 

  • Data subject is you, if the Company processes your personal data in the manner stated in this Notice;

 

  • GDPR means 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);

 

  • Portal means the web portal https://merch.sk/, including all subdomains, subpages and components;

 

  • Act means Act No. 18/2018 Coll. on the protection of personal data and on the amendment and supplementing of certain acts, as amended;

 

  1. General introduction

 

This Notice is prepared in accordance with Art. 13 and Art. 14 GDPR, § 19 and § 20 of the Act and other generally binding legal regulations.

 

Given that the Company is the controller processing your personal data, it wishes to provide you with all necessary information regarding this processing.

 

The Company also uses cookies on the Portal. Some cookies may, among other functions, also obtain your personal data. In such cases, the Company is also the controller within the meaning of Art. 4(7) GDPR, or § 5(l) of the Act. More information about cookies is available on the Portal.

 

The Company has also designed and implemented standard and specific personal data protection, including appropriate technical and organisational measures, in order to ensure a high level of security of your personal data in connection with the processing of your personal data.

 

If you have any questions in connection with this Notice or the processing of your personal data or in connection with exercising your rights under the GDPR and the Act, you may contact the Company at any time:

  1. by post to the address: Merch s.r.o., Slávičia 10, 903 01 Senec;
  2. by e-mail to: [email protected];
  3. by phone: +421 220 924 420.

 

  1. Information on the processing of personal data

 

Below, the Company provides an overview of individual processing activities, as well as the personal data processed, the purpose of processing, the legal basis for processing, the retention period and other information.

 

Processed personal data

Purpose of processing personal data

 

Legal basis for processing personal data

Retention period of personal data

 

Legal or contractual requirement and possible consequences of not providing personal data

 

Personal data necessary to ensure mutual communication - first name, last name, e-mail, phone contact and the content of communication.

 

Such communication may take place online (e-mail, contact form, etc.), by phone or by postal mail.

Ensuring communication (including sending, receiving and registering physical and electronic mail) between the Company and the Data subject.

Legitimate interest of the Company.

 

The legitimate interest of the Company is the efficient and smooth provision of communication with the Data subject.

For a period of 3 years from the last communication between the Company and the Data subject.

 

For a period of 10 yearsfrom the date of receipt or sending of paper mail.

Voluntary provision of data.

 

The data subject may exercise with the Company their right to object to the processing of personal data pursuant to Art. 21 GDPR and § 27 of the Act.

Personal data necessary for keeping a list of Data subjects (blacklist) with whom the Company does not want to enter into a contractual relationship – first name, last name, address of permanent or temporary residence.

Keeping a list of Data subjects (blacklist) with whom the Company does not want to enter into a contractual relationship.

Legitimate interest of the Company.

 

The legitimate interest of the Company is the protection of its business against Data subjects who breached their contractual obligations, for which reason the Company does not want to enter into another contractual relationship with them.

For a period of 10 yearsfrom the date of including the Data subject in the list of Data subjects (blacklist) with whom the Company does not want to enter into a contractual relationship.

The Company processes personal data on the basis of legitimate interests because it carried out a purpose compatibility test, whereby the original purpose for which it processed personal data is compatible with this purpose.

Personal data necessary to ensure the “watchdog” function – e-mail or phone contact.

 

The “watchdog” function is a voluntary feature that the user of the Portal may choose for individual products, about which the Company will send information regarding availability.

Ensuring the “watchdog” function, i.e. informing the Data subject about product availability.

Legitimate interest of the Company.

 

The legitimate interest of the Company is the efficient and smooth provision of the “watchdog” function.

For a period of 1 year from the moment the Data subject chooses the “watchdog” function for a specific product.

Voluntary provision of data.

 

The data subject may exercise with the Company their right to object to the processing of personal data pursuant to Art. 21 GDPR and § 27 of the Act.

Personal data contained in documentation that is part of the registry -  first name, last name, signature, address of permanent or temporary residence, e-mail, phone number and other data according to a special regulation or data contained in the documentation in question.

Records management.

Legal obligation of the Company.

 

The Company fulfils its legal obligations pursuant to Act No. 395/2002 Coll. and Decree No. 410/2015 Coll.

For a period of 10 yearsfrom the date of filing the document in the registry.

Providing personal data is a legal requirement.

 

Failure to provide personal data results in a breach of obligations arising from legal regulations.

Personal data necessary for asserting the Company’s rights - first name, last name, address of permanent or temporary residence, date of birth and other personal data processed within individual proceedings.

 

The Company may assert these rights both in and out of court.

Assertion of claims through courts, arbitration courts, enforcement offices, law firms, notarial offices or out of court.

Legal obligation of the Company.

 

The legal obligation consists in identifying the Data subject and the Company’s claim when asserting and enforcing rights.

 

Legal obligations arise from the following generally binding legal regulations: Act No. 40/1964 Coll., Act No. 513/1991 Coll., Act No. 160/2015 Coll., Act No. 233/1995 Coll., Act No. 244/2002 Coll., Act No. 162/2015 Coll. and Act No. 563/2009 Coll.

 

Legitimate interest of the Company.

 

Where there is no legal obligation to process the Data subject’s personal data, but such personal data are necessary to assert or enforce the Company’s rights, the Company processes personal data on the basis of legitimate interest.

 

The legitimate interest of the Company is the assertion of rights and their subsequent enforcement through lawful means.

For the duration of the limitation or forfeiture period or for a period of 10 years from the final conclusion of the proceedings.

The Company processes the Data subject’s personal data on the basis of its legal obligation.

 

Failure to provide personal data results in the Company being unable to fulfil its legal obligations and therefore its rights are limited when asserting claims.

 

The Company processes personal data on the basis of legitimate interests because it carried out a purpose compatibility test, whereby the original purpose for which it processed personal data is compatible with the purpose of asserting claims.

Personal data necessary to enter into a contractual relationship, ensure communication between the contracting parties and proper performance of contractual obligations - first name, last name, e-mail, phone contact, job position and signature.

Entering into a contract, ensuring communication between the contracting parties and proper performance of contractual obligations.

 

The Company processes the personal data of a Data subject who acts as the representative or contact person of the other contracting party (e.g. statutory representative, member of a statutory body, procurist, authorised representative, contact person, etc.)

Legitimate interest of the Company.

 

The legitimate interest of the Company is entering into a contractual relationship, ensuring performance of its contractual obligations arising from the contractual relationship in question and ensuring communication between the contracting parties.

For the limitation period or forfeiture period applicable to the Company’s claims arising from the contractual relationship.

Voluntary provision of data.

The data subject may exercise with the Company their right to object to the processing of personal data pursuant to Art. 21 GDPR and § 27 of the Act.

 

If the Data subject’s employer provides their personal data within the contractual relationship, § 78(3) of the Act applies, pursuant to which the employer may provide such data.

Personal data necessary to contact the other contracting party who is the Data subject - first name, last name, e-mail, phone number and other personal data stated in the contract or processed on the basis of the contract.

Entering into and performing a contract to which the Data subject is a contracting party (except for a consumer contract).

Pre-contractual negotiations and a contractual obligation of the Company.

 

The contractual obligation arises from the Contract concluded with the Data subject.

For the limitation period or forfeiture period applicable to the Company’s claims arising from the contractual relationship.

Providing personal data is a contractual requirement.

 

Failure to provide personal data results in the Company being unable to enter into a contractual relationship with the Data subject.

Personal data necessary to conclude a consumer contract - first name, last name, delivery address, e-mail, phone contact and order content.

Conclusion of a consumer contract.

 

If the Data subject wants to purchase a product or service through the Portal, they conclude a consumer contract with the Company. To conclude this contract, the Company is obliged to process personal data.

Pre-contractual negotiations and a contractual obligation of the Company.

 

The contractual obligation arises from the Contract concluded with the Data subject.

For the limitation period or forfeiture period applicable to the Company’s claims arising from the contractual relationship.

Providing personal data is a contractual requirement.

 

Failure to provide personal data results in the Company being unable to enter into a consumer contractual relationship with the Data subject.

Personal data necessary for sending a newsletter -e-mail, first name and last name.

Sending general advertising notices about the Company’s activities, products and services to Data subjects who requested them.

Consent of the Data subject to the processing of their personal data.

 

Consent may be withdrawn at any time.

For a period of 5 years from the granting of consent, or. until the withdrawal of consent to the processing of personal data.

Voluntary provision of data.

 

Failure to grant consent results in commercial offers for products and services not being sent. 

Personal data necessary for sending a newsletter - e-mail, first name and last name.

Sending advertising notices about the Company’s products and services to Data subjects with whom the Company has a previous business relationship.

Legitimate interest of the Company.

 

The legitimate interest of the Company is the promotion of the Company’s products and services.

For a period of 5 years from the conclusion of the last business relationship.

Voluntary provision of data.

 

The data subject may unsubscribe from newsletters at any time.

The Company processes personal data for this purpose on the basis of a statutory exemption pursuant to § 116(15) of Act No. 452/2021 Coll.

Personal data necessary for exercising the rights of the Data subject -first name, last name, e-mail, phone contact, the personal data concerned, the right being exercised and other information.

Exercise of the rights of Data subjects by means of a request.

Legal obligation of the Company.

 

The legal obligation consists in enabling the Data subject to exercise their rights by means of a request and subsequently dealing with the request.

 

Legal obligations arise from the following generally binding legal regulations: the GDPR and the Act.

For a period of 5 years following the year in which the Data subject’s request was handled.

The Company processes the Data subject’s personal data on the basis of its legal obligation.

 

Failure to provide personal data results in the Company being unable to fulfil its legal obligations and therefore unable to handle the Data subject’s request.

Personal data necessary for maintaining accounting and tax records - first name, last name, e-mail and phone contact and other data stated on the invoice.

Maintaining accounting and tax records.

Legal obligation of the Company.

 

The Company fulfils its legal obligations arising in particular under Act No. 431/2002 Coll., Act No. 222/2004 Coll., Act No. 40/1964 Coll., Act No. 311/2001 Coll., Act No. 595/2003 Coll., Act No. 582/2004 Coll., Act No. 283/2002 Coll. and Act No. 563/2009 Coll.

For a period of 10 years following the year in which the personal data were first processed.

Providing personal data is a legal requirement.

 

Failure to provide personal data results in a breach of obligations arising from legal regulations.

Personal data necessary to achieve the Company’s legitimate interest - first name, last name, phone contact, e-mail, call recording and other personal data provided in the course of communication.

Improving calls and services provided via the call centre.

Legitimate interest of the Company.

 

The legitimate interest of the Company is to ensure an effective way of providing help and assistance as well as improving the provision of services.

For a period of 1 month from the creation of the audio recording.

Voluntary provision of data.

 

The data subject may exercise with the Company their right to object to the processing of personal data pursuant to Art. 21 GDPR and § 27 of the Act.

 

Personal data necessary to obtain a review or other feedback - first name, last name, e-mail, phone contact and the content of the review or other feedback.

Obtaining a review or other feedback.

 

If a product or service is purchased, the Data subject may rate the product or service by leaving a review. If the Data subject has not purchased a product or service, they may provide other feedback to the Company.

Legitimate interest of the Company.

 

The legitimate interest of the Company is to obtain a review (rating) of the purchased product or provided service from the Data subject in order to improve the assortment of products sold or services provided, and also to obtain other feedback in order to increase the quality of the Company’s individual business activities.

For the duration of the sale of the product or provision of the service by the Company or until the review or other feedback is deleted.

Voluntary provision of data.

 

The data subject may exercise with the Company their right to object to the processing of personal data pursuant to Art. 21 GDPR and § 27 of the Act.

Personal data necessary to complete the satisfaction questionnaire - first name, last name, e-mail, purchased product or services and the content of the satisfaction questionnaire.

Sending a satisfaction questionnaire.

 

The Company sends a satisfaction questionnaire regarding the e-shop purchase in bulk to all Data subjects who purchased a product or service from it.

Legitimate interest of the Company.

 

The legitimate interest of the Company is to improve the services provided in the sale of products or services through the customer’s expression of satisfaction in the questionnaire.

For a period of 3 years from completion of the satisfaction questionnaire.

 

Voluntary provision of data.

 

The data subject may exercise with the Company their right to object to the processing of personal data pursuant to Art. 21 GDPR and § 27 of the Act.

Personal data necessary to operate the "abandoned cart" service - e-mail and the content of the unfinished order.

Notification about an unfinished order

("abandoned cart").

 

If the Data subject is interested in purchasing products or services through the Portal, but after adding items to the electronic cart does not complete the order, they have the option, after entering an e-mail address, to activate the abandoned cart feature. In such a case, the Company will send the Data subject (to the e-mail they provided) a reminder regarding the unfinished order and its content.

Legitimate interest of the Company.

 

The legitimate interest of the Company is to improve the Company’s services by reminding the Data subject that the draft order has not been bindingly concluded, and the Data subject may return to it at any time and complete it.

For a period of 7 days from the date of entering the e-mail on the Portal for the purpose of access to the "abandoned cart" feature.

Voluntary provision of data.

 

The data subject may exercise with the Company their right to object to the processing of personal data pursuant to Art. 21 GDPR and § 27 of the Act.

Personal data necessary to ensure participation in a contest and other activities related to the contest based on the contest rules (statute), such as publication of personal data, involvement in advertising or marketing activities as a winner or participant of the contest, etc. – personal data processed within a specific contest such as first name, last name, social network profile, delivery address, information about the order,  information about the drawing and the content of the comment on the social network (photograph, text or audiovisual recording).

Organisation of a contest, drawing among participants, publication of winners and other purposes arising from the contest rules (statute).

 

If the Data subject actively participates in a contest, they enter into a contractual relationship with the Company, the subject of which is participation in the contest, handing over the prize and other activities arising from the contest rules (statute).

 

In some cases, the Data subject may automatically participate in a contest based on an order of products or services with the Company

Pre-contractual negotiations and a contractual obligation of the Company.

 

If the Data subject actively participates in a contest, they enter into a contractual relationship with the Company, the subject of which is participation in the contest, handing over the prize and other activities arising from the contest rules (statute).

 

 

Legitimate interest of the Company.

 

In some cases, the Data subject may automatically (passively) participate in a contest based on an order of products or services with the Company or based on another activity towards the Company, and in such a case the Company includes them in the contest or prize drawing. In this case, it is the Company’s legitimate interest to promote its activities, services or products.

For the limitation period or forfeiture period applicable to the Company’s claims arising from the contractual relationship, if the legal basis is pre-contractual negotiations or a contractual obligation.

 

For a period of 5 years from handing over the prize to the winner within the contest, if the legal basis is the Company’s legitimate interest.

Providing personal data is a contractual requirement.

 

Failure to provide personal data results in the Data subject being unable to participate in the contest.

 

By purchasing a product or service or other activity, the Data subject is automatically included in the contest.

 

The data subject may exercise with the Company their right to object to the processing of personal data pursuant to Art. 21 GDPR and § 27 of the Act.

Personal data necessary for promoting the Company’s activities, services or products on social networks - first name, last name, reaction, comment and the Data subject’s profile.

Operating fan pages or other profiles on social networks for the purpose of promoting the Company’s activities, services and products.

 

The Company has created various profiles on social networks (Facebook and Instagram) and, as the operator of these profiles, also processes the personal data of social network users who visit these profiles. It operates these profiles for the purpose of promoting activities, services and products, and as part of this activity it interacts with individual social network users.

Legitimate interest of the Company.

 

The legitimate interest of the Company is the promotion of the Company’s activities, services and products

For the duration of operating the social network profile.

Voluntary provision of data.

 

The data subject may exercise with the Company their right to object to the processing of personal data pursuant to Art. 21 GDPR and § 27 of the Act.

Personal data necessary for promoting the Company’s activities, services or products -photograph and audiovisual recording.

 

The Company may also associate other personal data with photographs or audiovisual recordings, such as - first name, last name, e-mail, phone number and position.

Promotion of the Company’s activities, services or products.

 

For the purpose of promoting its activities, services or products, the Company takes photographs or makes audiovisual recordings, the subject matter of which may also include the personal data of Data subjects in the form of their likeness. The Company takes these photographs or makes these audiovisual recordings e.g. as part of organising activities - conferences, seminars, press conferences, gatherings, etc.

 

The Company processes these personal data on the basis of its legitimate interests in the following cases:

a) if the main purpose of taking the photograph or making the audiovisual recording is not the Data subject (i.e. it is not a presentation of a specific Data subject);

b) if the main purpose of taking the photograph or making the audiovisual recording is the Data subject, but the Data subject may reasonably expect this (e.g. it follows from their relationship with the Company or from the specific context of the situation);

c) if the main purpose of taking the photograph or making the audiovisual recording is the Data subject, but these will not be further published to the unspecified public;

d) if the main purpose of taking the photograph or making the audiovisual recording is the Data subject, but their right to protection of personality is not unlawfully interfered with.

Legitimate interest of the Company.

 

The legitimate interest of the Company is the promotion of the Company’s activities, services or products by taking photographs or making audiovisual recordings.

For a period of 5 years from the start of processing personal data.

Voluntary provision of data.

 

The data subject may exercise with the Company their right to object to the processing of personal data pursuant to Art. 21 GDPR and § 27 of the Act.

Personal data necessary for promoting the Company’s activities, services or products -photograph and audiovisual recording.

 

The Company may also associate other personal data with photographs or audiovisual recordings, such as - first name, last name, e-mail, phone number and position.

Promotion of the Company’s activities, services or products.

 

For the purpose of promoting its activities, services or products, the Company takes photographs or makes audiovisual recordings, the subject matter of which may also include the personal data of Data subjects in the form of their likeness. The Company takes these photographs or makes these audiovisual recordings e.g. as part of organising activities - conferences, seminars, press conferences, gatherings, etc.

 

The Company processes these personal data on the basis of the Data subject’s consent, in cases where the legal basis of its legitimate interests is not sufficient for processing.

Consent of the Data subject to the processing of their personal data.

 

Consent may be withdrawn at any time.

For a period of 5 years from granting consent, or until withdrawal of consent to the processing of personal data.

Voluntary provision of data.

 

Failure to grant consent results in the Company not taking a photograph or making an audiovisual recording.

Personal data necessary for receiving and handling a complaint - first name, last name, address of permanent or temporary residence, the complained-about product or service and other data stated in the complaint.

Receiving and handling complaints.

 

The Company is obliged to receive, process, handle and keep records of complaints.

Legal obligation of the Company.

 

Legal obligations arise from the following generally binding legal regulations: Act No. 40/1964 Coll., Act No. 108/2024 Coll.

For the limitation period or forfeiture period applicable to the Company’s claims arising from the contractual relationship.

Providing personal data is a legal requirement.

 

Failure to provide personal data results in a breach of obligations arising from legal regulations.

 

  1. Rights of Data subjects

 

In connection with the processing of personal data, you, as a Data subject, have the rights set out below, which you may exercise with the Company at any time in the form of a request. In such a case, the Company is obliged to provide the Data subject with information on the measures taken on the basis of their request without undue delay, but no later than within 1 month. The Company may extend this period by a further 2 months, and in such a case it shall inform the Data subject of each such extension within 1 month of receiving the request, together with the reasons for the delay.

 

The rights of the Data subject listed below are not in every case absolute and statutory exemptions may apply to their exercise within the meaning of the GDPR or the Act. It also applies that different rights apply to different processing activities.

 

  • Right of access (Art. 15 GDPR or § 21 of the Act)

 

The Data subject has the right to obtain confirmation as to whether the Company processes their personal data and, if so, has the right to access such personal data. The Data subject also has the right to receive all information within this Notice, and the Company updates this Notice regularly.

 

  • Right to rectification (Art. 16 GDPR or § 22 of the Act)

 

The Data subject has the right to rectification of personal data that the Company processes about them without undue delay. The Data subject also has the right to have incomplete personal data completed.

 

  • Right to erasure/forgetting (Art. 17 GDPR or § 23 of the Act)

 

The Data subject has the right to erasure of personal data that the Company processes about them without undue delay. However, the right to erasure is not absolute and at least one of the reasons under Art. 17(1) GDPR and § 23(2) of the Act must be met, or the Company is not obliged to erase such personal data in the cases set out under Art. 17(3) GDPR and § 23(4) of the Act.

 

  • Right to restriction of processing (Art. 18 GDPR or § 24 of the Act)

 

The Data subject has the right for the Company to restrict the processing of their personal data under the conditions set out under Art. 18 GDPR and § 24 of the Act.

 

  • Right to data portability (Art. 20 GDPR or § 26 of the Act)

 

The Data subject has the right to receive the personal data that they provided to the Company in a structured, commonly used and machine-readable format and has the right to transmit that personal data to another controller where they provided their personal data on the basis of consent and the Company processes such personal data by automated means.

 

  • Right to object (Art. 21 GDPR or § 27 of the Act)

 

The Data subject has the right to object to the processing of personal data that the Company processes about them where such processing is carried out on the legal basis of performing a task carried out in the public interest or for the legitimate purposes of the Company or third parties, including objecting to profiling based on those legal bases. The Data subject also has the right to object to the processing of personal data that the Company processes about them for the purposes of direct marketing, including profiling.

 

  • Rights related to automated individual decision-making, including profiling (Art. 22 GDPR or § 28 of the Act)

 

The Data subject has the right not to be subject to a decision based solely on automated processing, including profiling, which produces effects concerning them or similarly significantly affects them.

 

  • Right to lodge a proposal to initiate proceedings (§ 100 of the Act)

 

The Data subject has the right to lodge a proposal to initiate proceedings on the protection of personal data pursuant to § 100 of the Act with the supervisory authority if they believe that the Company processes their personal data in breach of the GDPR or the Act.

 

The Data subject may lodge a proposal to initiate proceedings with the Office for Personal Data Protection of the Slovak Republic, with its registered office at Hraničná 12, 820 07 Bratislava. More information is available on the web portal of the Office for Personal Data Protection of the Slovak Republic.

 

  • Right to withdraw consent (Art. 7 GDPR or § 14 of the Act)

 

Where personal data are processed on the legal basis of the Data subject’s consent, the Data subject has the right to withdraw their consent at any time without affecting the lawfulness of processing based on consent before its withdrawal.

 

You may withdraw your consent at any time by sending an e-mail to: [email protected]

 

  1. Sources of obtaining personal data

 

The Company primarily obtains personal data directly from Data subjects. In some cases, however, Data subjects are not directly in contact with the Company and in such a case the Company obtains personal data from other sources, which are:

 

  • publicly available sources that contain the personal data of the Data subject;
  • another person who provides the Company with the Data subject’s personal data – in such a case, the providing person is obliged to have the Data subject’s consent pursuant to § 78(6) of the Act;

 

  1. Recipients of personal data

 

The Company may also provide the personal data of Data subjects to other natural or legal persons, public authorities or international organisations.

 

When providing the personal data of Data subjects, the Company ensures the highest possible level of personal data protection; where it provides personal data to its processors or to a joint controller, it has a contractual relationship concluded pursuant to Art. 26 or Art. 28 GDPR, or § 33 or § 34 of the Act.

 

The Company provides the personal data of Data subjects to the following categories of recipients or public authorities:

  • controlling or controlled entities and other entities in the horizontal or vertical hierarchy of the Company’s organisational structure;
  • business partners;
  • providers of legal, accounting, tax, consulting, IT or other services;
  • expert, authorised, notified and accredited person or a person authorised to perform warranty repairs;
  • Slovenská pošta, a.s., courier companies and transport companies;
  • public authorities.

 

  1. Retention period of personal data

 

In addition to the retention period established for individual personal data pursuant to point 3 of this Notice, the Company may retain the personal data of Data subjects for a longer period as well, in the event that it is necessary to retain personal data for longer than the established period due to the Company’s legitimate interests or due to changes in its legal obligations.

 

  1. Transfer of personal data to third countries or international organisations

 

The Company may transfer the personal data of Data subjects to other third countries or international organisations. In the event of any transfer of personal data to third countries or international organisations, the Company always undertakes to ensure an adequate level of protection of the personal data of Data subjects.

 

The Company does not transfer personal data to other third countries or international organisations.

 

  1. Automated individual decision-making, including profiling

 

The Company does not use automated individual decision-making, including profiling, when processing the personal data of Data subjects.