Privacy policy
CONTENTS:
- GENERAL PROVISIONS
- BASIS OF DATA PROCESSING
- PURPOSE, 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
- ONLINE STORE COOKIES AND ANALYTICS
- FINAL PROVISIONS
1. GENERAL PROVISIONSE
1.1. This privacy policy of the Online Store is informative, 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 regarding the processing of personal data by the Administrator in the Online Store, including the grounds, purposes and period of personal data processing and the rights of data subjects, as well as information on the use of cookies and analytical tools in the Online Store.
1.2. The administrator of personal data collected via the Online Store is PAWEŁ JAGUŚ running a business under the name PAWEŁ JAGUŚ KONSULATJE entered into the Central Register and Information on Economic Activity of the Republic of Poland kept by the minister competent for economy, having: address of the place of business and address for service: Aleja Col. Władysława Beliny-Prażmowskiego 22/1, 31-514 Kraków, REGON: 388935632, NIP: 6761257804 , e-mail address: sklep@rarytasky.com - hereinafter referred to as the "Administrator" and being at the same time the Online Store Service Provider 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 individuals with regard to the processing of personal data and on the free movement of such data and the repeal of Directive 95/46/EC (General Data Protection Regulation) - hereinafter referred to as "GDPR" or "GDPR Regulation". The 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. Similarly, providing personal data by the Service Recipient or Customer using the Online Store is voluntary, subject to two exceptions: (1) concluding contracts with the Administrator - failure to provide in cases and to the extent indicated on the Online Store website and in the Regulations of the Online Store and this privacy policy personal data necessary to conclude and perform the Sales Agreement or the contract for the provision of Electronic Services with the Administrator results in the inability to conclude this contract. Providing personal data is in this case a contractual requirement and if the data subject wants to conclude a given contract with the Administrator, he is obliged to provide the required data. Each time, the scope of data required to conclude a contract is previously indicated on the Online Store website and in the Online Store Regulations; (2) statutory obligations of the Administrator - providing personal data is a statutory requirement resulting from generally applicable laws imposing on the Administrator the obligation to process personal data (e.g. data processing for the purpose of keeping tax or accounting books) and failure to provide them will prevent the Administrator from fulfilling these obligations.
1.5. The Administrator takes special care to protect the interests of persons to whom the personal data processed by him relates, and in particular is responsible and ensures that the data collected by him are: (1) processed in accordance with the law; (2) collected for specified, lawful purposes and not subjected to further processing inconsistent with these purposes; (3) factually correct and adequate in relation to the purposes for which they are processed; (4) stored in a form that allows the identification of data subjects for no longer than it is necessary to achieve the purpose of processing, and (5) processed in a manner that ensures adequate security of personal data, including protection against unauthorized or unlawful processing and accidental loss, destruction or damage, using appropriate technical or organizational measures.
1.6. Taking into account the nature, scope, context and purposes of processing as well as the risk of violating the rights or freedoms of natural persons with different probabilities and the severity of the threat, the Administrator implements appropriate technical and organizational measures to ensure that the processing is carried out in accordance with the GDPR Regulation and to be able to demonstrate it. These measures are reviewed and updated as necessary. The administrator uses technical measures to prevent unauthorized persons from obtaining and modifying personal data sent 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 definition contained in the Online Store Regulations available on the Online Store website.
2. BASIS OF 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 his personal data for one or more specific purposes ; (2) processing is necessary for the performance of a contract to which the data subject is a party or in order to take steps at the request of the data subject prior to entering into a contract; (3) processing is necessary to fulfill the legal obligation imposed on the Administrator; 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, which require protection of personal data , in particular when the data subject is a child.
2.2. The processing of personal data by the Administrator requires the occurrence of at least one of the grounds indicated in point 2.1 privacy policy. The specific grounds 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, BASIS AND PERIOD OF DATA PROCESSING IN THE ONLINE STORE
3.1. Each time, the purpose, basis and period as well as the recipient of personal data processed by the Administrator result from the actions taken by a given Service Recipient or Customer in the Online Store. For example, if the Customer decides to make purchases in the Online Store and selects personal collection of the purchased Product instead of courier delivery, his personal data will be processed in order to perform the concluded Sales Agreement, but will no longer be made available to the carrier performing the shipment at the request of the Administrator.
3.2. The Administrator may process personal data in the Online Store for the following purposes, on the following grounds and in the following periods:
Purpose of data processing | Legal basis for data processing | Data retention period |
Execution of the Sales Agreement or contract for the provision of Electronic Services or taking action at the request of the data subject before concluding the above-mentioned contracts | Article 6 para. 1 lit. b) of the GDPR Regulations (performance of the contract) - processing is necessary to perform the contract to which the data subject is a party, or to take action at the request of the data subject before concluding the contract | The data is stored for the period necessary to perform, terminate or otherwise expire the concluded Sales Agreement or contract for the provision of Electronic Services. |
direct marketing | Article 6 para. 1 lit. f) GDPR Regulations (legitimate interest of the administrator) - processing is necessary for purposes arising from the legitimate interests of the Administrator - consisting in taking care of the interests and good image of the Administrator, his Online Store and striving to sell Products | The data is stored for the duration of the legitimate interest pursued by the Administrator, but no longer than for the period of limitation of the Administrator's claims against the data subject in respect of the Administrator's business activity. The limitation period is determined by the law, in particular the Civil Code (the basic limitation period for claims related to running a business is three years, and for the Sales Agreement two years).
The administrator may not process data for direct marketing purposes in the event of an effective objection in this respect by the data subject. |
marketing | Article 6 para. 1 lit. a) of the GDPR Regulations (consent) - the data subject has consented to the processing of his personal data for marketing purposes by the Administrator | The data is stored until the consent of the data subject for further processing of his data for this purpose is withdrawn. |
Expressing an opinion by the Customer about the concluded Sales Agreement | Article 6 para. 1 lit. a) of the GDPR Regulations - the data subject has consented to the processing of his personal data for the purpose of expressing an opinion | The data is stored until the consent of the data subject for further processing of his data for this purpose is withdrawn. |
Keeping tax books | Article 6 para. 1 lit. c) of the GDPR Regulation in connection with joke. 86 § 1 of the Tax Ordinance, i.e. of January 17, 2017 (Journal of Laws of 2017, item 201, as amended) - processing is necessary to fulfill the legal obligation incumbent on the Administrator | The data is stored for the period required by law requiring the Administrator to store tax books (until the expiry of the tax liability limitation period, unless tax laws provide otherwise). |
Determining, investigating or defending claims that the Administrator may raise or that may be raised against the Administrator | Article 6 para. 1 lit. f) Regulations of the GDPR (legitimate interest of the administrator) - processing is necessary for the purposes of the legitimate interests of the Administrator - consisting in determining, investigating or defending claims that may be raised by the Administrator or that may be raised against the Administrator | The data is stored for the duration of the legitimate interest pursued by the Administrator, but no longer than for the period of limitation of claims that may be raised against the Administrator (the basic limitation period for claims against the Administrator is six years). |
Using the Online Store website and ensuring its proper operation | Article 6 para. 1 lit. f) GDPR Regulations (legitimate interest of the administrator) - processing is necessary for purposes arising from the legitimate interests of the Administrator - consisting in running and maintaining the Online Store website | The data is stored for the duration of the legitimate interest pursued by the Administrator, but no longer than for the period of limitation of the Administrator's claims against the data subject in respect of the Administrator's business activity. The limitation period is determined by the law, in particular the Civil Code (the basic limitation period for claims related to running a business is three years, and for the Sales Agreement two years). |
Keeping statistics and analyzing traffic in the Online Store | Article 6 para. 1 lit. f) GDPR Regulations (legitimate interest of the administrator) - processing is necessary for purposes arising from the legitimate interests of 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 is stored for the duration of the legitimate interest pursued by the Administrator, but no longer than for the period of limitation of the Administrator's claims against the data subject in respect of the Administrator's business activity. The limitation period is determined by the law, in particular the Civil Code (the basic limitation period for claims related to running a business is three years, and for the Sales Agreement two years). |
4. DATA RECIPIENTS IN THE ONLINE STORE
4.1. For the proper functioning of the Online Store, including the implementation 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 processing entities 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 take place in every case and not to all recipients or categories of recipients indicated in the privacy policy - the Administrator provides data only when it is necessary to achieve a given purpose of personal data processing and only to the extent necessary to achieve it. For example, if the Customer uses personal collection, his data will not be transferred to the 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:
- carriers / forwarders / courier brokers - in the case of a Customer who uses the Online Store with the method of delivery of the Product by post or courier, the Administrator provides the Customer's collected personal data to the selected carrier, forwarder or intermediary performing shipments at the request of the Administrator to the extent necessary to complete the delivery of the Product to the client.
- entities servicing electronic payments or by payment card - in the case of a Customer who uses the Online Store with the method of electronic payments or by payment card, the Administrator provides the Customer's collected personal data to the selected entity servicing the above payments in the Online Store at the request of the Administrator to the extent necessary to handle payments made by the Customer .
- service providers supplying the Administrator with technical, IT and organizational solutions, enabling the Administrator to run a business, including the Online Store and Electronic Services provided through it (in particular computer software providers to run the Online Store, e-mail and hosting providers and management software providers company and providing technical assistance to the Administrator) - the Administrator provides the collected personal data of the Customer to a selected supplier acting on his behalf only in the case and to the extent necessary to achieve a given purpose of data processing in accordance with this privacy policy.
- 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 provides the collected personal data of the Customer to a selected supplier acting on his behalf only in the case and to the extent necessary to complete the given the purpose of data processing in accordance with this privacy policy.
- providers of social plugins, scripts and other similar tools placed on the Online Store website that enable the browser of the person visiting the Online Store website to download content from the providers of the aforementioned plugins and transfer the personal data of the visitor to these providers, including:
- Facebook Ireland - The Administrator uses Facebook social plugins on the Online Store website (e.g. Messenger chat plugin) and therefore collects and provides personal data of the Service Recipient using the Online Store website to Facebook Ireland Ltd. (4 Grand Canal Square, Grand Canal Harbor , Dublin 2 Ireland) to the extent and in accordance with the privacy rules available here: https://www.facebook.com/about/privacy/ (this data includes information about activities on the Online Store website - including information about the device, visited websites, purchases, displayed advertisements and the manner of using the services - regardless of whether the Service Recipient has a Facebook account and is logged in to Facebook).
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 art. 22 sec. 1 and 4 of the GDPR Regulation, and - at least in these cases - relevant information about the rules for taking them, as well as about the significance and expected consequences of such processing for the data subject. With this in mind, the Administrator provides information on possible profiling in this section of the privacy policy.
5.2. The Administrator may use profiling for direct marketing purposes in the Online Store, 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 unfinished purchases, sending a Product proposal that may match the interests or preferences of a given person, or offering better conditions compared to the standard offer of the Online Store . Despite profiling, it is the person who freely decides whether he or she will want to take advantage of the discount received in this way, or better conditions and make a purchase in the Online Store.
5.3. Profiling in the Online Store consists in the automatic analysis or forecasting of a given person's behavior on the Online Store website, e.g. by adding a specific Product to the basket, browsing the page of a specific Product in the Online Store, or by analyzing the previous history of purchases made in the Online Store. The condition for such profiling is that the Administrator has the personal data of a given person in order to be able to send him, 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 him or her or similarly significantly affects him or her.
6. RIGHTS OF THE DATA SUBJECT
6.1. The right to access, rectify, limit, delete or transfer - the data subject has the right to request the Administrator to access their personal data, rectify it, delete it ("the right to be forgotten") or limit processing and has the right to object to processing, and has the right to transfer his data. Detailed conditions for the exercise of the above-mentioned rights are indicated in art. 15-21 of the GDPR Regulation.
6.2. The right to withdraw consent at any time - a person whose data is processed by the Administrator on the basis of consent (pursuant to art. 6 par. 1 letter a) or art. 9 sec. 2 lit. a) of the GDPR Regulation), it has the right to withdraw consent at any time without affecting the lawfulness of the processing that was carried out on the basis of consent before its withdrawal.
6.3. The right to lodge a complaint to the supervisory body - the person whose data is processed by the Administrator has the right to lodge a complaint to the supervisory body in the manner and mode specified in the provisions of the GDPR Regulation and Polish law, in particular the Act on the Protection of Personal Data. 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 - for reasons related to his particular situation - to the processing of personal data concerning him based on art. 6 sec. 1 lit. e) (public interest or tasks) or f) (legitimate interest of the administrator), including profiling based on these provisions. In this case, the administrator is no longer allowed to process this personal data, unless he demonstrates the existence of valid legally justified grounds for processing, overriding the interests, rights and freedoms of the data subject, or grounds for establishing, investigating or defending claims.
6.5. The right to object to direct marketing - if personal data is processed for direct marketing purposes, the data subject has the right to object at any time to the processing of personal data concerning him or her for the purposes of such marketing, including profiling, to the extent to which 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 can 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 using the contact form available on the Online Store website.
7. COOKIES IN THE ONLINE STORE AND ANALYTICS
- Cookie files (cookies) are small text information in the form of text files, sent by the server and saved 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 it uses visiting our Online Store). 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.
- Cookies that may be sent by the Online Store website can be divided into different types, according to the following criteria:
Due to their supplier:
1) own (created by the Administrator's Online Store website) and 2) belonging to third parties/entities (other than the Administrator) |
Due 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 turning off the web browser) and 2) permanent (stored for a specific time, defined by the parameters of each file or until manually deleted) |
Due to the purpose of their use:
1) necessary (enabling the proper functioning of the Online Store website), 2) functional/preferential (enabling the adaptation of the Online Store website to the preferences of the person visiting the website), 3) analytical and performance cookies (collecting information on how to use the Online Store website), 4) marketing, advertising and social (collecting information about a person visiting the Online Store website in order to display personalized advertisements to that person and conduct other marketing activities, including on websites separate from the Online Store website, such as social networking sites) |
- The Administrator may process the data contained in Cookies when visitors use the Online Store website for the following specific purposes:
Purposes of using cookies in the Administrator's Online Store | identification of Service Recipients as logged in to the Online Store and showing that they are logged in (essential cookies) |
remembering Products added to the basket in order to place an Order (necessary cookies) | |
remembering data from completed Order Forms, surveys or login details to the Online Store (essential and/or functional/preferential cookies) | |
adapting the content of the Online Store website to the individual preferences of the Service Recipient (e.g. regarding colors, font size, page layout) and optimizing the use of the Online Store websites (functional/preference cookies) | |
keeping anonymous statistics showing how the Online Store website is used (analytical and performance cookies) | |
remarketing, i.e. research on the behavior of visitors to the Online Store through anonymous analysis of their activities (e.g. repeated visits to specific pages, keywords, etc.) in order to create their profile and provide them with advertisements tailored to their expected interests, also when they visit other websites in the advertising network of Google Ireland Ltd. and Facebook Ireland Ltd. (marketing, advertising and social cookies) |
- Checking in the most popular web browsers which Cookies (including the period of operation of Cookies and their provider) are currently sent by the Online Store website is possible in the following way:
In the Chrome browser: (1) in the address bar, click on the padlock icon on the left, (2) go to the "Cookies" tab. |
In Firefox: (1) in the address bar, click on the shield icon on the left, (2) go to the "Allowed" or "Blocked" tab, (3) click on the "Cross-site tracking cookies", "Social network trackers" or "Content from trackers” |
In Internet Explorer: (1) click on the "Tools" menu, (2) go to the "Internet Options" tab, (3) go to the "General" tab, (4) go to the "Settings" tab, (5) click on the "View Files" box |
In the Opera browser: (1) in the address bar, click on the padlock icon on the left, (2) go to the "Cookies" tab. |
in Safari: (1) click on the "Preferences" menu, (2) go to the "Privacy" tab, (3) click on the "Manage site data" field |
Regardless of the browser, using the tools available, e.g. at: https://www.cookiemetrix.com/ or: https://www.cookie-checker.com/ |
- By default, most web browsers available on the market accept cookies by default. Everyone has the option of specifying the terms of using cookies using the settings of their own web browser. This means that you can, for example, partially limit (e.g. temporarily) or completely disable the option of saving Cookies - in the latter case, however, it may affect some of the functionalities of the Online Store (for example, it may not be possible to complete the Order path through the Order Form due to for not remembering the Products in the basket during the next steps of placing the Order).
- Web browser settings in the field of Cookies are important from the point of view of consent to the use of Cookies by our Online Store - in accordance with the regulations, such consent may also be expressed through the web browser settings. Detailed information on changing the settings for Cookies and their self-removal in the most popular web browsers is available in the help section of the web browser and on the following websites (just click on the link):
- The Administrator may use Google Analytics and Universal Analytics services in the Online Store provided by Google Ireland Limited (Gordon House, Barrow Street, Dublin 4, Ireland). These services help the Administrator keep statistics and analyze traffic in the Online Store. The collected data is processed as part of the above services to generate statistics helpful in administering the Online Store and analyzing traffic in the Online Store. These data are aggregated. The Administrator, using the above services in the Online Store, collects data such as sources and medium of acquiring visitors to the Online Store and the manner of their behavior on the Online Store website, information on devices and browsers from which they visit the website, IP and domain, geographic data and demographic data (age gender) and interests.
7.8. It is possible for a given person to easily block sharing information with Google Analytics about their activity on the Online Store website - 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=en.
7.9. The Administrator may use the Facebook Pixel service in the Online Store provided by Facebook Ireland Limited (4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland). This service helps the Administrator measure the effectiveness of advertisements and find out what actions visitors to the online store take, as well as display tailored advertisements to these people. Detailed information on the operation of the Facebook Pixel can be found at the following internet address: https://www.facebook.com/business/help/742478679120153?helpref=page_content.
7.10. Managing the operation of the Facebook Pixel is possible by setting ads in your account on Facebook.com: https://www.facebook.com/ads/preferences/?entry_product=ad_settings_screen.
8. FINAL PROVISIONS
8.1. The Online Store may contain links to other websites. The administrator encourages you to read the privacy policy set out there after going to other websites. This privacy policy applies only to the Administrator's Online Store.
Please read the entire content of this comment in detail - it is important in the context of meeting the information obligations regarding the use of cookies on the website.
In accordance with the judgment of the Court of Justice of the EU of October 1, 2019 in the case of Bundesverband der Verbraucherzentralen und Verbraucherverbände - Verbraucherzentrale Bundesverband eV against Planet49 GmbH (C-673/17), the provisions of the above-mentioned legal acts in the field of cookies should be interpreted in this way that the administrator should inform the visitor of the website, among others about: (1) the identity of the data controller (this has not raised any doubts so far) (2) the purposes of using Cookies (this has not raised any doubts so far) (3) the period of operation of Cookies (this information is rarely provided so far, the Court pointed out that this information is nevertheless necessary) and (4) any additional information, such as information about the recipients or categories of data recipients (whether third parties can access Cookies that are sent by the administrator's website - this is rare so far information provided, the Court noted that this information is nevertheless necessary), provided that, taking into account the specific circumstances in which the data are collected, such additional information is necessary to ensure fair processing of data in relation to the data subject.
We discuss this ruling and the related effects in more detail on our blog - link below, please read carefully both this comment and the blog entry:
For technical reasons, it is basically impossible to provide all this information in the privacy policy so that it is up-to-date and corresponds to reality at a given moment: the number and type of cookies most often changes depending on which subpage of the store we go to, as well as from the moment when the website was opened by us. At this point, we provide people using the website with instructions on how to independently check basic information about cookies on your website using the tools of the most popular web browsers.
However, it is worth pointing out that in fact, in accordance with the applicable interpretation indicated above, you should provide visitors to your website with more detailed information about cookies - current at a given moment.
We can enter this type of information into the privacy policy, but this would require you to provide us with a list of all Cookies used on your website, their suppliers, the purpose of use (examples of purposes are indicated in point 7.3) and the storage period on the device of the person visiting the Online Store website. We will then add this information to the privacy policy.
Alternatively, you can use commercial tools that allow website visitors to obtain information about cookies on the website in real time, as well as to vary the consent provided by clicking the button on the cookie banner. This is the solution we recommend.
For example, such a tool is available here: https://www.cookiebot.com/en/ :
As you can see in the screenshot, these types of tools make it possible to grant consent to cookies that meet the requirements referred to in the above judgment, as well as to provide detailed information about cookies in real time without having to modify the privacy policy frequently. We also point out that this is not a website related to us (this also applies to the websites listed in point 7.4.6), but it offers one of the exemplary solutions that facilitate the fulfillment of information obligations regarding cookies and the provision of informed consent.
In addition, the judgment referred to in the introduction indicates that the consent to the use of cookies is not valid if the storage of information or access to information already stored in the end device of the website user, via cookies, has been accepted by means of a pre-selected checkbox , which the user must uncheck to refuse consent. Therefore, consent should be given actively, and no activity should be required when withdrawing consent.