PRIVACY POLICY
ONLINE STORE DOROTAFERENS.COM
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
- COOKIES IN THE ONLINE STORE AND ANALYTICS
- FINAL PROVISIONS
- GENERALPROVISIONS
1.1.
1.2.
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.
The administrator of personal data collected via the Online Store is Dorota Ferens running a business under the name BYFERENS DOROTA FERENS 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 delivery address: ul. . Romana Maciejewskiego 3/33, 03-187 Warsaw, NIP 6010047526, REGON 523346660, e-mail address: dorota.ferens12@gmail.com, telephone number: +48 530 296 680 – hereinafter referred to as the “Administrator” and being
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 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) concludingcontractswiththeAdministrator– 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 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) kept in a form that allows identification of the persons to whom they refer,
no longer than this
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.
1.7.
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.
All words, phrases and acronyms that appear in this privacy policy and begin with a capital letter
(e.g. Seller,OnlineStore,ElectronicService)should be understood in accordance with their definition contained in the Online Store Regulations available on the Online Store website.
- 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.
- PURPOSE, BASIS AND PERIOD OF DATA PROCESSING IN THE ONLINE STORE
3.1.
3.2.
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 or by the Administrator.
The Administrator may process personal data as part of the Online Store for the following purposes: on the basis and in the periods indicated in the table below:
Purposeofdataprocessing
Legalbasisforprocessing
data
Dataretentionperiod
Execution of the Sales Agreement or the Service Agreement
Electronic or taking action at the request of the data subject
before concluding the above- mentioned contracts
Article 6 para. 1 lit. b) GDPR Regulations (performance of the contract) – processing is necessary for the performance of a contract to which the data subject is a party or to take
action at the request of the person,
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 period of legally justified existence
interest pursued by the Administrator, but 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 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.
Keeping tax books
Article 6 para. 1 lit. c) of the GDPR (legal obligation) in connection with joke. 86 § 1 of the Tax Code, i.e. of January 17, 2017 (Journal of Laws of 2017, item 201, as amended) – the processing is necessary to comply with a 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 administrator
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 determining, pursuing or defending claims that may be raised
Administrator or which 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 Store’s website website and ensuring its proper operation
Article 6 para. 1 lit. f) GDPR Regulations (legitimate interest of the administrator)
– processing is
necessary for the purposes of the legitimate interests of the Administrator – consisting in running and maintaining the Online Store website
The data is stored for the period of legally justified existence
interest pursued by the Administrator, but 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 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).
Statistics and analysis traffic in the Online Store
Article 6 para. 1 lit. f) GDPR Regulations (legitimate interest of the administrator)
- processing is
necessary for the purposes of the Administrator’s legitimate interests
- 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 period of legally justified existence
interest pursued by the Administrator, but no longer than for the period of limitation of claims
the Administrator in relation to the data subject due to 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).
- DATA RECIPIENTS IN THE ONLINE STORE
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 entities
processors who provide sufficient guarantees for the implementation of appropriate technical measures and
organizational units, so that the processing meets the requirements of the GDPR Regulation and protects the rights of data subjects.
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.
- 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 servicing the warehouse and / or shipping process – in the case of a Customer who uses the Online Store to deliver the Product by post or courier, the Administrator provides the Customer’s collected personal data to the selected carrier, forwarder or intermediary performing shipments on Administrator’s order, and if the shipment is made from an external warehouse – to the entity servicing the warehouse and / or shipping process – to the extent necessary to complete the delivery of the Product to the Customer.
4.3.2. 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 customer. 4.3.3. 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.
4.3.4. providersofaccounting,legalandadvisoryservicesprovidingtheAdministratorwithaccounting,legaloradvisory support (in particular an accounting office, law firm or debt collection company) – Administrator
provides the Customer’s collected personal data 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.
- 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 in the Online Store for direct marketing purposes, but the 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.
5.4.
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,
to be able to send her, for example, a discount code.
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.
- RIGHTS OF THE DATA SUBJECT
Therighttoaccess,rectify,limit,deleteortransfer– 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.
Therighttowithdrawconsentatanytime– 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), has the right
to withdraw consent at any time without affecting the lawfulness of processing based on consent before its withdrawal.
Therighttolodgeacomplaintwiththesupervisorybody– the person whose data is processed by the Administrator has the right to lodge a complaint with the supervisory authority in the manner and manner 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.
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.
Therighttoobjecttodirectmarketing– 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.
- 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 by using the contact form available on the Online Store website.
- COOKIES IN THE ONLINE STORE AND ANALYTICS
7.1.
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.
7.2.
Cookies that may be sent by the Online Store website can be divided into different types, according to the following criteria:
Due to their provider:
- own (created by the website online store
administrator) and
- belonging to persons/entities third party (other than Administrator)
Because of their period storage on the device website visitor
onlinestore:
- session cookies (stored until leaving the Store
Internet or disabling the web browser) and
- permanent (stored for a specific time, defined by the parameters of each file
or until manually removed)
Due to the purpose of their use:
- necessary (enabling
proper functioning of the website online store),
- functional/preferential (allowing customization
the website of the Online Store to the preferences of the person visiting the website),
- analytical and performance cookies (collecting
information about how the website is used
online store)
7.3.
The administrator may process the data contained in cookies when visitors use the website Online Store for the following specific purposes:
Purposes of using cookies in the Online Store administrator
remembering Products added to the basket in order to place an Order (essential cookies)
remembering data from completed Order Forms or surveys websites of 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)
7.4.
keeping anonymous statistics showing how the Online Store website is used (analytical and performance 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:
InFirefox:(1) in the
InInternetExplorer:(1) click the
(1) in the address bar, click on the icon address bar, click on the shield “Tools” menu, (2) go to the
padlocks on the left, (2) go to the “Cookies” tab.
icon on the left, (2) go to the “Allowed” tab, or
“Blocked”, (3) click on the box “Cross-site tracking cookies”, “Social network trackers” or
“Internet Options” tab, (3)
go to the “Internet Options” tab “General”, (4) go to the tab “Settings”, (5) click on the “View files” field
In the Opera browser:
(1) in the address bar, click on the padlock icon on the left, (2) go to the “Cookies” tab.
“Tracking content”
in the Safari browser:
(1) click on the “Preferences”
menu, (2) go to the “Privacy” tab, (3) click on the “Manage website
data” field
Regardless of the browser, using the tools available, e.g. at: https://
www.cookiemetrix.com/ or: https:// www.cookie-checker.com/
7.5.
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 ability to save Cookies – in the latter case, however, it may affect some functionalities of the Online Store (for example, it may not be possible to follow the Order path
7.6.
via the Order Form due to the fact that the Products in the basket are not remembered during the subsequent 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 cookie settings
and their self-removal in the most popular web browsers are available in the help section of the web browser and on the following pages (just click on the link):
in the Chrome browser in Firefox
in Internet Explorer in the Opera browser in Safari
- FINALPROVISIONS
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 Store
Internet Administrator.