Privacy policy
TABLE OF CONTENTS:
- GENERAL PROVISIONS
- GROUNDS FOR DATA PROCESSING
- PURPOSE, BASIS AND DURATION OF DATA PROCESSING IN THE ONLINE SHOP
- RECIPIENTS OF DATA IN THE ONLINE SHOP
- PROFILING ON THE WEB SHOP
- DATA SUBJECT'S RIGHTS
- COOKIES IN THE WEB SHOP AND ANALYTICS
- FINAL PROVISIONS
- GENERAL PROVISIONS
1.1.This privacy policy of the Online Shop is for information purposes only, which means that it is not a source of obligations for the Service Recipients or Customers of the Online Shop. The privacy policy primarily contains rules regarding the processing of personal data by the Administrator in the Internet Shop, including the grounds, purposes and duration of personal data processing and the rights of data subjects, as well as information on the use of cookies and analytical tools in the Internet Shop.
1.2.The Administrator of the personal data collected via the Internet Shop is the company Plaridum Maciej Grześkowiak seated in Poznań (registered office and address for delivery: ul.Sokoła 2b/1 60-644 Poznań); registered in CEDIG. NIP: 7811616201; REGON: 302184874, e-mail address: hi@noissstyka.com - hereinafter referred to as the ‘Administrator’ and being at the same time the Service Provider of the Internet Shop and the Seller.
1.3.Personal data in the Online Shop is processed by the Administrator in accordance with applicable laws, 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 in relation 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 ‘RODO’ or ‘RODO Regulation’. Official text of the RODO Regulation: http://eur-lex.europa.eu/legal-content/PL/TXT/?uri=CELEX%3A32016R0679.
1.4.The use of the Online Shop, including making purchases, is voluntary. Likewise, the related provision of personal data by the Customer or Client using the Online Shop is voluntary, subject to two exceptions: (1) conclusion of agreements with the Administrator - failure to provide, in the cases and to the extent indicated on the website of the Internet Shop and in the Regulations of the Internet Shop and this privacy policy, personal data necessary for the conclusion and performance of a Sales Agreement or an agreement for the provision of Electronic Services with the Administrator results in the impossibility of concluding such an agreement. The provision of personal data in such a case is a contractual requirement and if the data subject wishes to conclude a given agreement with the Administrator, he/she is obliged to provide the required data. Each time the scope of data required to conclude a contract is indicated beforehand on the website of the Internet Shop and in the Terms and Conditions of the Internet Shop; (2) statutory obligations of the Administrator - providing personal data is a statutory requirement resulting from generally applicable laws imposing an obligation to process personal data on the Administrator (e.g. processing of data for tax or accounting purposes), and failing to provide such data will make it impossible for the Administrator to fulfil those obligations.
1.5.The controller shall take particular care to protect the interests of the persons whose personal data it processes, and in particular shall be responsible for and ensure that the data it collects are:
(1) processed lawfully;
(2) collected for specified, legitimate purposes and not subjected to further processing incompatible with those purposes;
(3) Substantially correct and adequate in relation to the purposes for which they are processed;
(4)kept in a form which permits the identification of data subjects for no longer than is necessary to achieve the purpose of the processing; and
(5)processed in a manner that ensures adequate security of personal data, including protection against unauthorised or unlawful processing and accidental loss, destruction or damage, by appropriate technical or organisational means.
1.6.Having regard to the nature, scope, context and purposes of the processing and the risk of interference with the rights or freedoms of natural persons of varying likelihood and seriousness, the Controller shall implement appropriate technical and organisational measures to ensure that the processing is carried out in accordance with this Regulation and to be able to demonstrate this. These measures shall be reviewed and updated as necessary. The Administrator shall implement technical measures to prevent the acquisition and modification by unauthorised persons, of personal data transmitted electronically.
1.7.Any words, expressions and acronyms appearing in this privacy policy and beginning with a capital letter (e.g. Seller, Online Shop, Electronic Service) shall be understood in accordance with their definition contained in the Rules of the Online Shop available on the pages of the Online Shop.
- GROUNDS FOR DATA PROCESSING
2.1.The Controller shall be entitled to process personal data where, and to the extent that, one or more of the following conditions are met:
(1) the data subject has given his or her consent to the processing of his or her personal data for one or more specified purposes;
(2) the 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 incumbent on the Controller; or
(4) processing is necessary for the purposes of the legitimate interests pursued by the Controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.
2.2.The processing of personal data by the Controller requires in each case the existence of at least one of the grounds indicated in point. 2.1 of the Privacy Policy. The specific grounds for the processing of personal data of the Customers and Clients of the Internet Shop by the Administrator are indicated in the next point of the privacy policy - with reference to the given purpose of personal data processing by the Administrator.
- PURPOSE, BASIS AND DURATION OF DATA PROCESSING IN THE ONLINE SHOP
3.1.In each case, the purpose, basis and period and recipients of the personal data processed by the Administrator result from the activities undertaken by the respective Customer or Client in the Online Shop or by the Administrator. For example, if a Customer decides to purchase from the Online Shop and chooses personal collection of the purchased Product instead of courier delivery, his/her 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 the delivery on behalf of the Administrator.
3.2.The Administrator may process personal data within the framework of the Online Shop for the following purposes, on the grounds and for the periods indicated in the table below:
Purpose of data processing &Legal basis for data processing& Data retention period
Performance of a Sales Contract or an agreement for the provision of an Electronic Service or to take steps at the request of the data subject prior to entering into the aforementioned agreements Article 6(1)(b) of the RODO Regulation (performance of a contract) - processing is necessary for the performance of a contract to which the data subject is a party or to take steps at the request of the data subject prior to entering into a contract The data shall be stored for the period necessary for the performance, termination or otherwise expiry of the concluded Sales Contract or agreement for the provision of an Electronic Service.
Direct marketing Article 6(1)(f) of the RODO Regulation (legitimate interest of the Administrator) - processing is necessary for the purposes resulting from the Administrator's legitimate interests - consisting of caring for the interests and good image of the Administrator, its Internet Shop and striving to sell the Products The data are stored for the period of existence of the legitimate interest pursued by the Administrator, however, no longer than for the period of limitation of the Administrator's claims against the data subject by virtue of the Administrator's business activity. The period of limitation shall be determined by the provisions of law, in particular the Civil Code (the basic limitation period for claims related to the conduct of business activities is three years, and for the Sales Agreement it is two years).The Administrator may not process data for the purpose of direct marketing in the event of an effective objection to this effect by the data subject.
Marketing Article 6(1)(a) of the RODO Regulation (consent) - the data subject has consented to the processing of his/her personal data for marketing purposes by the Controller The data is stored until the data subject has withdrawn his/her consent to further processing of his/her data for this purpose.
Keeping of accounts Article 6(1)(c) of the RODO Regulation in conjunction with Article 74(2) of the Accounting Act, i.e. of 30 January 2018. (Journal of Laws of 2018, item 395) - the processing is necessary for the fulfilment of a legal obligation incumbent on the Administrator The data are kept for the period required by the law requiring the Administrator to keep accounting books (5 years, counting from the beginning of the year following the financial year to which the data refer).
Establishing, asserting or defending claims which the Administrator may raise or which may be raised against the Administrator Article 6(1) lit. f) of the RODO Regulation (legitimate interest of the Administrator) - processing is necessary for the purposes deriving from the Administrator's legitimate interests - consisting in determining, asserting or defending claims which may be raised by the Administrator or which may be raised against the Administrator The data are stored for the period of existence of the legitimate interest pursued by the Administrator, however, no longer than for the period of limitation of claims which may be raised against the Administrator (the basic limitation period for claims against the Administrator is six years).
Using the website of the Online Shop and ensuring its proper operation Article 6(1)(f) of the RODO Regulation (legitimate interest of the Administrator) - processing is necessary for the purposes of the Administrator's legitimate interests - consisting of running and maintaining the website of the Online Shop Data is stored for the period of existence of the legitimate interest pursued by the Administrator, but no longer than the period of limitation of the Administrator's claims against the data subject by virtue of the Administrator's business activity. The period of limitation shall be determined by the provisions of law, in particular the Civil Code (the basic limitation period for claims related to the conduct of business activities is three years, and for the Sales Agreement it is two years).
Keeping statistics and analysing traffic
in the Internet Shop Article 6(1)(f) of the RODO Regulation (legitimate interest of the Administrator) - processing is necessary for the purposes deriving from the Administrator's legitimate interests - consisting of conducting statistics and analysis of traffic in the Internet Shop in order to improve the functioning of the Internet Shop and increase sales of Products. The data are stored for the period of existence of the legitimate interest pursued by the Administrator, however, no longer than for the period of limitation of the Administrator's claims against the data subject on account of the Administrator's business activity. The period of limitation shall be determined by the provisions of law, in particular the Civil Code (the basic limitation period for claims related to the conduct of business activities is three years, and for the Sales Agreement it is two years).
- RECIPIENTS OF DATA IN THE ONLINE SHOP
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 processor). The Controller shall only use the services of such processors who provide sufficient guarantees to implement appropriate technical and organisational measures so that the processing meets the requirements of the RODO Regulation and protects the rights of the data subjects.
4.2.The transfer of data by the Controller does not take place in every case and not to all the recipients or categories of recipients indicated in the Privacy Policy - the Controller transfers data only when it is necessary for the fulfilment of a given purpose of personal data processing and only to the extent necessary for its fulfilment. For example, if the Customer uses personal collection, his/her data will not be transferred to the carrier cooperating with the Administrator.
4.3.Personal data of Service Recipients and Customers of the Online Shop may be transferred to the following recipients or categories of recipients:
- carriers/forwarders/courier brokers/entities handling the warehouse and/or dispatch process - in case of a Customer who uses the Online Store's method of Product delivery by mail or courier, the Administrator makes the collected personal data of the Customer available to a selected carrier, forwarder or intermediary performing the shipment on the order of the Administrator, and if the shipment is made from an external warehouse - to an entity handling the warehouse and/or dispatch process - to the extent necessary to complete the delivery of the Product to the Customer.
- entities handling electronic or credit card payments - in the case of a Customer who uses the electronic or credit card payment method in the Internet Shop, the Administrator shall make the collected personal data of the Customer available to a selected entity handling the aforementioned payments in the Internet Shop on the order of the Administrator to the extent necessary to handle the payment made by the Customer.
- service providers supplying the Administrator with technical, IT and organisational solutions enabling the Administrator to conduct his/her business activity, including the Internet Shop and the Electronic Services provided by means of it (in particular, providers of computer software for running the Internet Shop, e-mail and hosting providers, as well as providers of business management software and technical assistance to the Administrator) - the Administrator shall make the collected personal data of the Customer available to a selected service provider acting on his/her order only in the case of and to the extent necessary for the performance of the given purpose of data processing in accordance with this Privacy Policy.
- providers of accounting, legal and advisory services providing accounting, legal or advisory support to the Administrator (in particular an accounting office, a law firm or a debt collection agency) - the Administrator shall make the Customer's personal data available to the selected provider acting on the Administrator's behalf only if and to the extent necessary to achieve the given purpose of the data processing in accordance with this Privacy Policy.
PROFILING IN THE ONLINE SHOP
5.1.The RODO Regulation imposes an obligation on the Controller to provide information on automated decision-making, including profiling as referred to in Article 22(1) and (4) of the RODO Regulation, and, at least in these cases, relevant information on the modalities of such decision-making, as well as on the significance and foreseeable consequences of such processing for the data subject. With this in mind, the Controller provides information on possible profiling in this section of the privacy policy.
5.2.The Controller may use profiling on the Online Shop for direct marketing purposes, but the decisions taken by the Controller on its basis do not concern the conclusion or refusal of a Sales Contract or the possibility of using Electronic Services on the Online Shop. The effect of the use of profiling in the Online Shop may be, for example, to grant a person a discount, send him/her a discount code, remind him/her of unfinished purchases, send him/her a proposal of a Product that may correspond to the person's interests or preferences or offer better conditions compared to the standard offer of the Online Shop. Despite the profiling, it is up to the individual to decide freely whether they want to take advantage of the discount or better conditions received in this way and make a purchase from the Online Shop.
5.3.Profiling in the Online Shop consists of automatic analysis or prediction of a person's behaviour on the website of the Online Shop, e.g. by adding a particular Product to the shopping cart, browsing the page of a particular Product in the Online Shop or by analysing the previous history of purchases made in the Online Shop. The condition for such profiling is that the Administrator has the personal data of the person in question in order to be able to subsequently send him/her e.g. a discount code.
5.4.The data subject has the right not to be subject to a decision which is based solely on automated processing, including profiling, and which produces legal effects with regard to the data subject or in a similar manner significantly affects the data subject.
- RIGHTS OF THE DATA SUBJECT
6.1.Right of access, rectification, restriction, erasure or portability - The data subject has the right to request from the Controller access to his/her personal data, rectification, erasure (‘right to be forgotten’) or restriction of processing and has the right to object to processing, and has the right to portability of his/her data. The detailed conditions for exercising the rights indicated above are indicated in Articles 15-21 of the RODO Regulation.
6.2.The right to withdraw consent at any time - a person whose data is processed by the Controller on the basis of expressed consent (pursuant to Article 6(1)(a) or Article 9(2)(a) of the RODO Regulation), then he/she has the right to withdraw consent at any time without affecting the lawfulness of the processing performed on the basis of consent before its withdrawal.
6.3.The right to lodge a complaint to a supervisory authority - the person whose data is processed by the Controller has the right to lodge a complaint to a supervisory authority in the manner and mode specified in the provisions of the RODO Regulation and Polish law, in particular the Personal Data Protection Act. The supervisory authority in Poland is the President of the Office for Personal Data Protection.
6.4.Right to object - The data subject has the right to object at any time, on grounds relating to his or her particular situation, to the processing of personal data concerning him or her based on Article 6(1)(e) (public interest or tasks) or (f) (legitimate interest of the controller), including profiling on the basis of these provisions. In such a case, the controller shall no longer be allowed to process these personal data, unless the controller demonstrates the existence of compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or grounds for the establishment, exercise or defence of claims.
6.5.Right to object to direct marketing - where personal data are processed for the purposes of direct marketing, the data subject shall have the right to object at any time to the processing of personal data concerning them for 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 section of the privacy policy, you may contact the Controller by sending an appropriate message in writing or by e-mail to the Controller's address indicated at the beginning of the privacy policy or by using the contact form available on the website of the Online Shop.
7.COOKIES IN THE INTERNET SHOP AND ANALYTICS
7.1.Cookies are small text information in the form of text files sent by a server and stored on the side of the person visiting the site of the Online Shop (e.g. on the hard drive of a computer, laptop or smartphone memory card - depending on the device used by the visitor to our Online Shop).
7.2.Cookies that can be sent by the Online Shop website can be divided into different types, according to the following criteria:
By their provider:
1) their own (created by the Administrator's online shop website) and
2) owned by third parties (other than the Administrator)
With regard to their storage period on the device of the person visiting the website of the Internet Shop:
1) session (stored until you log out of the Internet Shop or switch off the Internet browser) and
2) permanent (stored for a specific period of time, defined by the parameters of each file or until they are manually deleted)
Due to the purpose of their use:
1) indispensable (enabling proper functioning of the Internet Shop website),
2) functional/preferential (enabling adaptation of the Internet Shop website to the preferences of the site visitor),
3) analytical and performance (gathering information on the manner of use of the Internet Shop website),
4) marketing, advertising and social (gathering information about the person visiting the Internet Shop website in order to display personalized advertisements to that person and conduct other marketing activities, including on websites separate from the Internet Shop website, such as social networking sites
7.3 The Administrator may process the data contained in cookies when visitors use the website of the Online Shop for the following specific purposes:
Purposes of using Cookies in the Administrator's Internet Shop
- identifying Visitors as logged in to the Online Shop and showing that they are logged in (essential Cookies)
- remembering Products added to a shopping cart for the purpose of placing an Order (cookies necessary)
- remembering data from completed Order Forms, surveys or login data to the Online Shop (essential and/or functional/preference cookies)
- adjusting the content of the website of the Internet Shop to individual preferences of the Customer (e.g. as regards colours, font size, page layout) and optimising the use of the pages of the Internet Shop (functional/preference cookies)
- keep anonymous statistics showing how the pages of the Internet Shop are used (statistical cookies)
- remarketing, i.e. researching the behavioural characteristics of visitors to the Internet Shop through anonymous analysis of their actions (e.g. repeated visits to specific pages, keywords etc.) in order to create their profile and provide them with advertising tailored to their anticipated interests, also when they visit other websites in the advertising network of Google Ireland Ltd. and Facebook Ireland Ltd. (marketing, advertising and social media cookies)
7.4.It is possible to check in the most popular web browsers which cookies (including the duration of cookies and their provider) are being sent at any given time by the website of the Online Shop as follows: <td‘>In the Chrome browser:(1) in the address bar, click on the padlock icon on the left, (2) go to the “Cookies” tab.<td’>Independently of the browser, using the tools available, for example, at: https://www.cookiemetrix.com/ or: https://www.cookie-checker.com/
In the Firefox browser: (1) in the address bar, click on the shield icon on the left-hand side, (2) go to the ‘Allowed’ or ‘Blocked’ tab, (3) click on the box ‘Inter-site tracking cookies’, ‘Social media tracking elements’ or ‘Content with tracking elements’
In the Opera browser: (1) in the address bar, click on the padlock icon on the left, (2) go to the ‘Cookies’ tab.
In Internet Explorer: (1) click the ‘Tools’ menu, (2) go to the ‘Internet Options’ tab, (3) go to the ‘General’ tab, (4) go to the ‘Settings’ tab, (5) click the ‘View Files’ box
in the Safari browser: (1) click on the ‘Preferences’ menu, (2) go to the ‘Privacy’ tab, (3) click on the ‘Manage site data’ box.
7.5.By default, most web browsers available on the market accept the storage of cookies. You can determine the conditions for the use of cookies via the settings of your own browser. This means that you can, for example, partially restrict (e.g. temporarily) or completely disable the possibility of storing Cookies - in the latter case, however, this may affect some of the functionality of the Online Shop (for example, it may not be possible to follow the path of the Order through the Order Form due to the Products not being remembered in the shopping cart during the consecutive steps of placing the Order).
7.6.Your browser settings regarding Cookies are important in terms of your consent to the use of Cookies by our Online Shop - in accordance with the law, such consent may also be expressed through your browser settings. Detailed information on how to change the settings regarding cookies and how to delete them yourself in the most popular web browsers is available in the help section of your web browser and on the following pages (just click on the respective link):
7.7.The Administrator may use Google Analytics, Universal Analytics services provided by Google Ireland Limited (Gordon House, Barrow Street, Dublin 4, Ireland) on the Online Shop. These services help the Administrator to keep statistics and analyse traffic on the Online Shop. The data collected is processed by the above services to generate statistics to help administer the Online Shop and analyse traffic on the Online Shop. These data are of an aggregate nature. When using the above services in the Internet Shop, the Administrator collects such data as the source and medium of obtaining visitors to the Internet Shop and the manner of their behaviour on the website of the Internet Shop, information on the devices and browsers from which they visit the site, IP and domain, geographical data and demographic data (age, gender) and interests.
7.8.It is possible for a person to easily block the provision of information to Google Analytics about their activity on the website of the Online Shop - for this purpose, you can, for example, install a browser add-on provided by Google Ireland Ltd. available here: https://tools.google.com/dlpage/gaoptout?hl=pl.
- FINAL PROVISIONS
8.1.The Internet Shop may contain links to other websites. The Administrator encourages to read the privacy policy established there after visiting other websites. This privacy policy applies only to the Administrator's Internet Shop