privacy policy

This Privacy Statement sets out how Merak Advertising SRL ("„Society”" or „"The Operator"”) processes your personal data when you interact with the website https://theelements.ro ("„Website„").

I. Personal data controller

The operator of your personal data is Merak Advertising SRL, based in Târgoviște, str. Lt. Stancu Ion, no. 21, Dâmbovița county, registered with the ORC under no. J2007001060156 and having CUI 22268404.

II. Legal basis

2.1. Your personal data are processed in accordance with the General Data Protection Regulation (EU) 2016/679 ("GDPR").„GDPR„") and Law No. 190/2018 on the measures implementing 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.

2.2. We process your data based on: (i) your consent, (ii) the necessity to conclude and execute the contract concluded with you, (iii) the legitimate interest of the Company, (iv) the necessity to fulfill a legal obligation.

III. The data we collect

3.1. The information collected by the Company through the Site contains: (i) personal data (name, email address, age, gender, phone number), transaction data, account data created on the Site, information regarding the User's profile, other personal data that the User consents to share, (ii) information obtained by automated means (cookies), namely: IP address, advertising and/or technical identifiers regarding the device used (IMEI series, serial numbers, information regarding the time and sections visited on the Site), information regarding the geolocation of the device used on the Site, (iii) information from open sources, including public databases, marketing providers, etc.

IV. Purpose of collecting the User's personal data

4.1. The data provided and/or acquired may be used in any and all of the following ways:

4.1.1. To execute the obligations inherent in the sales contract:

4.1.1.1. To make the Site available;

4.1.1.2. In order to process and/or manage Orders, payments, as well as other requests in connection with Orders;

4.1.2. To improve the services offered:

4.1.2.1. For the presentation of products, services, promotions and/or offers;

4.1.2.2. Product and recipe development, innovation;

4.1.2.3. Fraud prevention, incident resolution, exercise of the Company's rights and all legal and compliance obligations;

4.1.3. Subject to prior consent by the User, sending push notifications, emails, placing cookies.

4.1.4. Consent for marketing communication may be withdrawn at any time by the User and may be communicated to the Company by any means, including by e-mail to the address office@theelements.ro. The User can also change their preferences regarding push notifications at any time.

4.2. The data obtained from and in relation to Users will not be sold to third parties, but will be used only for the purpose and within the limits for which they were acquired by the Company.

4.3. Additionally, the personal data obtained may be shared with third parties as a result of the execution of legal obligations, in order to perfect the commercial activity (e.g. payment processors), to respond to requests from public authorities with authority in Romania, to capitalize on, consolidate or defend our legal rights or interests.

4.4. The Site is intended for persons who have reached the age of 16 at the time of access. Parents or guardians of minors between the ages of 16 and 18 may request the Company to delete the created account and the minor's personal data by e-mail at office@theelements.ro.

V. Use of cookies and similar technologies

5.1. The User's refusal to use cookies may result in the restriction of some functions of the Site, regardless of the Company's will.

5.2. The cookies used may be limited to the duration of the visit to the Site or to another limited duration in time.

5.3. Cookies may be used to identify the User, for statistical purposes, to facilitate and/or enable the use of the Site and its security, as well as to provide the User with targeted advertising.

VI. Duration of storage of personal data

6.1. The personal data obtained are stored limited to the period of time necessary to fulfill the purposes for which they were collected, except in cases where Romanian legislation requires a longer storage period.

VII. User Rights

7.1. With regard to his personal data processed by the Company, the User benefits, free of charge, from the following rights:

7.1.1. The right to information;

7.1.2. Right of access to data;

7.1.3. Right to rectification;

7.1.4. The right to delete personal data;

7.1.5. The right to restriction of processing;

7.1.6. Right to data portability;

7.1.7. Right to opposition;

7.1.8. The right not to be subject to an exclusively automated individual decision;

7.1.9. The right to withdraw your consent;

7.1.10. The right to address the National Supervisory Authority for Personal Data Processing or the competent courts.

VIII. Final provisions

8.1. This Privacy Policy is valid as of May 1, 2025, is governed by Romanian law and is written in Romanian. Any update, modification or replacement will accordingly bear the new date of applicability.