PRIVACY POLICY
OF THE INSTALPV.PL ONLINE STORE
TABLE OF CONTENTS:
- GENERAL PROVISIONS
- LEGAL BASIS FOR DATA PROCESSING
- PURPOSE, LEGAL BASIS AND PERIOD OF DATA PROCESSING IN THE ONLINE STORE
- DATA RECIPIENTS IN THE ONLINE STORE
- PROFILING IN THE ONLINE STORE
- RIGHTS OF THE DATA SUBJECT
- COOKIES IN THE ONLINE STORE AND ANALYTICS
- FINAL PROVISIONS
This document has been prepared by the lawyers of Prokonsumencki.pl.
1. GENERAL PROVISIONS
1.1. This privacy policy of the Online Store is for information purposes only, which means that it is not a source of obligations for Service Recipients or Customers of the Online Store. The privacy policy contains primarily the rules concerning the processing of personal data by the Administrator in the Online Store, including the legal basis, purposes and scope of personal data processing and the rights of data subjects, as well as information regarding the use of cookies and analytical tools in the Online Store.
1.2. The administrator of personal data collected via the Online Store is Krzysztof Mokrowiecki conducting business activity under the company name ZOGO-NET KRZYSZTOF MOKROWIECKI entered into the Central Registration and Information on Business of the Republic of Poland kept by the minister competent for economy, having: business address and address for service: Ogonowice 51, 26-300 Opoczno, NIP PL7681484823, REGON 101080080, e-mail address: [email protected], telephone number: +48510709385 – hereinafter referred to as the “Administrator”, who is at the same time the Service Provider of the Online Store and the Seller.
1.3. Personal data in the Online Store are processed by the Administrator in accordance with applicable law, in particular in accordance with 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) – hereinafter referred to as the “GDPR” or the “GDPR Regulation”. Official text of the GDPR Regulation: http://eur-lex.europa.eu/legal-content/PL/TXT/?uri=CELEX%3A32016R0679
1.4. Using the Online Store, including making purchases, is voluntary. Likewise, the provision of personal data by the Service Recipient or Customer using the Online Store is voluntary, subject to two exceptions: (1) concluding agreements with the Administrator – failure to provide, in the cases and to the extent indicated on the Online Store website and in the Terms and Conditions of the Online Store and this privacy policy, the personal data necessary to conclude and perform the Sales Agreement or the agreement for the provision of Electronic Services with the Administrator results in the inability to conclude that agreement. In such a case, providing personal data is a contractual requirement, and if the data subject wishes to conclude a given agreement with the Administrator, they are obliged to provide the required data. Each time, the scope of data required to conclude the agreement is indicated beforehand on the Online Store website and in the Terms and Conditions of the Online Store; (2) statutory obligations of the Administrator – providing personal data is a statutory requirement resulting from generally applicable provisions of law imposing on the Administrator the obligation to process personal data (e.g. processing data for the purpose of keeping tax or accounting books), and failure to provide them will make it impossible for the Administrator to fulfill these obligations.
1.5. The Administrator takes special care to protect the interests of persons whose personal data are processed by him, and in particular is responsible for and ensures that the data collected by him are: (1) processed lawfully; (2) collected for specified, lawful purposes and not further processed in a manner incompatible with those purposes; (3) substantively correct and adequate in relation to the purposes for which they are processed; (4) stored in a form permitting identification of the persons concerned for no longer than is necessary for the purposes of processing, and (5) processed in a manner ensuring appropriate security of personal data, including protection against unauthorized or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organizational measures.
1.6. Taking into account the nature, scope, context and purposes of processing and the risk of violation of the rights or freedoms of natural persons of varying likelihood and severity, the Administrator implements appropriate technical and organizational measures so that the processing takes place in accordance with this Regulation and so that this can be demonstrated. These measures are reviewed and updated where necessary. The Administrator uses technical measures preventing unauthorized persons from obtaining and modifying personal data transmitted electronically.
1.7. All words, expressions and acronyms appearing in this privacy policy and beginning with a capital letter (e.g. Seller, Online Store, Electronic Service) should be understood in accordance with their definitions contained in the Terms and Conditions of the Online Store available on the pages of the Online Store.
2. LEGAL BASIS FOR DATA PROCESSING
2.1. The Administrator is entitled to process personal data in cases where – and to the extent that – at least one of the following conditions is met: (1) the data subject has consented to the processing of their personal data for one or more specific purposes; (2) processing is necessary for the performance of a contract to which the data subject is party, or in order to take steps at the request of the data subject prior to entering into a contract; (3) processing is necessary for compliance with a legal obligation to which the Administrator is subject; or (4) processing is necessary for the purposes of the legitimate interests pursued by the Administrator or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject requiring protection of personal data, in particular where the data subject is a child.
2.2. The processing of personal data by the Administrator requires in each case the existence of at least one of the legal bases indicated in point 2.1 of the privacy policy. The specific legal bases for the processing of personal data of Service Recipients and Customers of the Online Store by the Administrator are indicated in the next point of the privacy policy – in relation to the given purpose of personal data processing by the Administrator.
3. PURPOSE, LEGAL BASIS AND PERIOD OF DATA PROCESSING IN THE ONLINE STORE
3.1. Each time, the purpose, legal basis, period and recipients of personal data processed by the Administrator result from the actions taken by the given Service Recipient or Customer in the Online Store or by the Administrator. For example, if a Customer decides to make purchases in the Online Store and chooses personal pickup of the purchased Product instead of courier delivery, their personal data will be processed for the purpose of performing the concluded Sales Agreement, but will no longer be made available to the carrier carrying out shipments on behalf of the Administrator.
3.2. The Administrator may process personal data within the Online Store for the following purposes, on the legal bases and for the periods indicated in the table below:
Purpose of data processing | Legal basis for data processing | Data retention period |
| Performance of the Sales Agreement or agreement for the provision of an Electronic Service or taking action at the request of the data subject before concluding the above agreements | Article 6(1)(b) GDPR Regulation (performance of a contract) – processing is necessary for the performance of a contract to which the data subject is party or to take action at the request of the data subject before entering into a contract
| The data are stored for the period necessary to perform, terminate or otherwise expire the concluded Sales Agreement or agreement for the provision of an Electronic Service. |
| Direct marketing | Article 6(1)(f) GDPR Regulation (legitimate interest of the controller) – processing is necessary for purposes arising from the legitimate interests pursued by the Administrator – consisting in safeguarding the interests and good image of the Administrator, its Online Store and striving to sell Products
| The data are stored for the period of existence of the legitimate interest pursued by the Administrator, but no longer than the limitation period for claims of the Administrator against the data subject arising from the business activity conducted by the Administrator. The limitation period is specified by law, in particular the Civil Code (the basic limitation period for claims related to business activity is three years, and for a Sales Agreement two years).The Administrator may not process data for the purpose of direct marketing in the event of an effective objection in this regard by the data subject. |
Marketing | Article 6(1)(a) GDPR Regulation (consent) – the data subject has consented to the processing of their personal data for marketing purposes by the Administrator
| The data are stored until the data subject withdraws consent to further processing of their data for this purpose. |
| Keeping tax or accounting books | Article 6(1)(c) GDPR Regulation in conjunction with Article 86 § 1 of the Tax Ordinance Act, i.e. of 17 January 2017 (Journal of Laws of 2017, item 201 as amended) or Article 74(2) of the Accounting Act, i.e. of 30 January 2018 (Journal of Laws of 2018, item 395 as amended) – processing is necessary to comply with a legal obligation incumbent on the Administrator
| The data are stored for the period required by legal provisions obliging the Administrator to keep tax books (until the expiry of the limitation period for the tax liability, unless tax laws provide otherwise) or accounting books (5 years, counting from the beginning of the year following the financial year to which the data relate). |
| Establishing, pursuing or defending claims that may be raised by the Administrator or that may be raised against the Administrator | Article 6(1)(f) GDPR Regulation (legitimate interest of the controller) – processing is necessary for purposes arising from the legitimate interests pursued by the Administrator – consisting in establishing, pursuing or defending claims that may be raised by the Administrator or that may be raised against the Administrator
| The data are stored for the period of existence of the legitimate interest pursued by the Administrator, but no longer than the limitation period for claims that may be raised against the Administrator (the basic limitation period for claims against the Administrator is six years). |
| Use of the Online Store website and ensuring its proper functioning | Article 6(1)(f) GDPR Regulation (legitimate interest of the controller) – processing is necessary for purposes arising from the legitimate interests pursued by the Administrator – consisting in operating and maintaining the Online Store website | The data are stored for the period of existence of the legitimate interest pursued by the Administrator, but no longer than the limitation period for claims of the Administrator against the data subject arising from the business activity conducted by the Administrator. The limitation period is specified by law, in particular the Civil Code (the basic limitation period for claims related to business activity is three years, and for a Sales Agreement two years). |
| Keeping statistics and analyzing traffic in the Online Store | Article 6(1)(f) GDPR Regulation (legitimate interest of the controller) – processing is necessary for purposes arising from the legitimate interests pursued by the Administrator – consisting in keeping statistics and analyzing traffic in the Online Store in order to improve the functioning of the Online Store and increase the sale of Products | The data are stored for the period of existence of the legitimate interest pursued by the Administrator, but no longer than the limitation period for claims of the Administrator against the data subject arising from the business activity conducted by the Administrator. The limitation period is specified by law, in particular the Civil Code (the basic limitation period for claims related to business activity is three years, and for a Sales Agreement two years). |
4. DATA RECIPIENTS IN THE ONLINE STORE
4.1. For the proper functioning of the Online Store, including for the performance of concluded Sales Agreements, it is necessary for the Administrator to use the services of external entities (such as e.g. software provider, courier or payment service provider). The Administrator uses only the services of such processors that provide sufficient guarantees for the implementation of appropriate technical and organizational measures so that the processing meets the requirements of the GDPR Regulation and protects the rights of data subjects.
4.2. The transfer of data by the Administrator does not occur in every case and not to all recipients or categories of recipients indicated in the privacy policy – the Administrator transfers data only when it is necessary to achieve the given purpose of personal data processing and only to the extent necessary to achieve it. For example, if the Customer uses personal pickup, their data will not be transferred to a carrier cooperating with the Administrator.
4.3. Personal data of Service Recipients and Customers of the Online Store may be transferred to the following recipients or categories of recipients:
4.3.1. carriers / forwarders / courier brokers / entities handling the warehouse and/or shipping process – in the case of a Customer who uses delivery of the Product by postal shipment or courier shipment in the Online Store, the Administrator makes the collected personal data of the Customer available to the selected carrier, forwarder or intermediary carrying out shipments on behalf of the Administrator, and if the shipment takes place from an external warehouse – to the entity handling the warehouse and/or shipping process – to the extent necessary to deliver the Product to the Customer.
4.3.2. service providers supplying the Administrator with technical, IT and organizational solutions enabling the Administrator to conduct business activity, including the Online Store and Electronic Services provided through it (in particular providers of computer software for operating the Online Store, e-mail and hosting providers, and providers of software for company management and technical support to the Administrator) – the Administrator makes the collected personal data of the Customer available to a selected provider acting on its behalf only in the case and to the extent necessary to achieve the given purpose of data processing consistent with this privacy policy.
4.3.3. providers of accounting, legal and advisory services providing the Administrator with accounting, legal or advisory support (in particular an accounting office, law firm or debt collection company) – the Administrator makes the collected personal data of the Customer available to a selected provider acting on its behalf only in the case and to the extent necessary to achieve the given purpose of data processing consistent with this privacy policy.
5. PROFILING IN THE ONLINE STORE
5.1. The GDPR Regulation imposes on the Administrator the obligation to inform about automated decision-making, including profiling referred to in Article 22(1) and (4) of the GDPR Regulation, and – at least in those cases – meaningful information about the logic involved, as well as the significance and expected consequences of such processing for the data subject. With this in mind, the Administrator provides in this point of the privacy policy information regarding possible profiling.
5.2. The Administrator may use profiling in the Online Store for direct marketing purposes, but decisions made on its basis by the Administrator do not concern the conclusion or refusal to conclude a Sales Agreement or the possibility of using Electronic Services in the Online Store. The effect of using profiling in the Online Store may be, for example, granting a given person a discount, sending them a discount code, reminding them about incomplete purchases, sending a Product proposal that may match the interests or preferences of a given person, or proposing better conditions compared to the standard offer of the Online Store. Despite profiling, the given person freely decides whether they want to use the discount or better conditions received in this way and make a purchase in the Online Store.
5.3. Profiling in the Online Store consists in the automatic analysis or forecast of a given person’s behavior on the Online Store website, e.g. by adding a specific Product to the cart, browsing the page of a specific Product in the Online Store, or by analyzing the previous purchase history in the Online Store. The condition for such profiling is that the Administrator has the personal data of a given person so that it can then send them, for example, a discount code.
5.4. The data subject has the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning that person or similarly significantly affects that person.
6. RIGHTS OF THE DATA SUBJECT
6.1. Right of access, rectification, restriction, deletion or portability – the data subject has the right to request from the Administrator access to their personal data, rectification, deletion (“right to be forgotten”) or restriction of processing, and has the right to object to processing, as well as the right to data portability. Detailed conditions for exercising the above rights are indicated in Articles 15-21 of the GDPR Regulation.
6.2. Right to withdraw consent at any time – a person whose data are processed by the Administrator on the basis of consent given (on the basis of Article 6(1)(a) or Article 9(2)(a) of the GDPR Regulation) has the right to withdraw consent at any time without affecting the lawfulness of processing carried out on the basis of consent before its withdrawal.
6.3. Right to lodge a complaint with a supervisory authority – the data subject whose data are processed by the Administrator has the right to lodge a complaint with a supervisory authority in the manner and procedure specified in the provisions of the GDPR Regulation and Polish law, in particular the Personal Data Protection Act. The supervisory authority in Poland is the President of the Personal Data Protection Office.
6.4. Right to object – the data subject has the right at any time to object – for reasons related to their particular situation – to the processing of personal data concerning them based on Article 6(1)(e) (public interest or tasks) or (f) (legitimate interest of the controller), including profiling based on these provisions. In such a case, the Administrator may no longer process those personal data unless it demonstrates compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or grounds for establishing, pursuing or defending claims.
6.5. Right to object to direct marketing – if personal data are processed for direct marketing purposes, the data subject has the right at any time to object to processing of personal data concerning them for the purposes of such marketing, including profiling, to the extent that the processing is related to such direct marketing.
6.6. In order to exercise the rights referred to in this point of the privacy policy, you may contact the Administrator by sending an appropriate message in writing or by e-mail to the Administrator’s address indicated at the beginning of the privacy policy or by using the contact form available on the Online Store website.
7. COOKIES IN THE ONLINE STORE AND ANALYTICS
7.1. Cookies are small text information in the form of text files, sent by the server and stored on the side of the person visiting the Online Store website (e.g. on the hard drive of a computer, laptop or on the memory card of a smartphone – depending on what device the visitor to our Online Store uses). Detailed information on Cookies, as well as the history of their creation, can be found, among others, here: https://pl.wikipedia.org/wiki/HTTP_cookie.
7.2. Cookies that may be sent by the Online Store website can be divided into various types according to the following criteria:
| According to their provider:1) first-party (created by the Administrator’s Online Store website) and2) third-party cookies (belonging to persons/entities other than the Administrator) | According to their storage period on the device of the person visiting the Online Store website:1) session cookies (stored until logging out of the Online Store or closing the browser) and2) persistent cookies (stored for a specified time defined by the parameters of each file or until manually deleted) | According to the purpose of their use:1) necessary (enabling the proper functioning of the Online Store website),2) functional/preference cookies (enabling the Online Store website to be adjusted to the preferences of the visitor),3) analytical and performance cookies (collecting information on the use of the Online Store website),4) marketing, advertising and social media cookies (collecting information about the person visiting the Online Store website in order to display personalized ads to that person and to carry out other marketing activities, including on websites separate from the Online Store website, such as social networks)
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