TABLE OF CONTENTS:
- GENERAL PROVISIONS
- LEGAL BASIS FOR DATA PROCESSING
- PURPOSE, LEGAL BASIS, RETENTION PERIOD AND SCOPE OF DATA PROCESSING IN THE ONLINE STORE
- RECIPIENTS OF DATA IN THE ONLINE STORE
- PROFILING IN THE ONLINE STORE
- RIGHTS OF THE DATA SUBJECT
- COOKIES IN THE ONLINE STORE, OPERATIONAL DATA AND ANALYTICS
- FINAL PROVISIONS
1. GENERAL PROVISIONS
1.1. This privacy policy of the Online Store and Website is informational in nature, which means it is not a source of obligations for Users 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 and Website, including the legal bases, 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 through the Online Store and Website is the company:
Volha Shyshkova ul. Puławska nr 77, lok. U5 02-595 Warszawa, Poland VAT No.: 5242959832 E-mail: olga.shyshkova.jdg@gmail.com
— hereinafter referred to as the “Administrator”, who is also the Service Provider of the Online Store and Website and the Seller.
1.3. Personal data in the Online Store and Website is 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 “GDPR” or “GDPR Regulation”. Official text of the GDPR Regulation: http://eur-lex.europa.eu/legal-content/PL/TXT/?uri=CELEX:32016R0679
1.4. Use of the Online Store, including making purchases, is voluntary. Similarly, the provision of personal data by a User or Customer using the Online Store and Website is voluntary, subject to two exceptions: (1) entering into agreements with the Administrator — failure to provide, in the cases and to the extent indicated on the Online Store website and in the Online Store Terms and Conditions and this privacy policy, personal data necessary for the conclusion and performance of a Sales Agreement or an agreement for the provision of an Electronic Service with the Administrator results in the inability to conclude such an agreement. The provision of personal data is in such a case 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. The scope of data required to conclude an agreement is each time indicated in advance on the Online Store website and in the Online Store Terms and Conditions; (2) statutory obligations of the Administrator — the provision of personal data is a statutory requirement arising from generally applicable laws imposing on the Administrator the obligation to process personal data (e.g. processing data for the purpose of maintaining tax or accounting books) and failure to provide it will prevent the Administrator from fulfilling those obligations.
1.5. The Administrator takes special care to protect the interests of the persons whose personal data is processed by them, and in particular is responsible for and ensures that the data collected by them is: (1) processed in accordance with the law; (2) collected for specified, lawful purposes and not subjected to further processing incompatible with those purposes; (3) substantively correct and adequate in relation to the purposes for which it is processed; (4) stored in a form which permits identification of data subjects for no longer than is necessary to achieve the purpose of processing; (5) processed in a manner that ensures appropriate security of personal data, including protection against unauthorised or unlawful processing and accidental loss, destruction or damage, using appropriate technical or organisational 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 probability and severity, the Administrator implements appropriate technical and organisational measures to ensure that processing is carried out in accordance with this Regulation and to be able to demonstrate this. These measures are reviewed and updated where necessary. The Administrator applies technical measures to prevent unauthorised persons from acquiring 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, Website, Electronic Service) shall be understood in accordance with their definition contained in the Online Store Terms and Conditions available on the Online Store pages.
2. LEGAL BASIS FOR DATA PROCESSING
2.1. The Administrator is authorised 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 given consent 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; (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 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 Users and Customers of the Online Store by the Administrator are indicated in the next section of the privacy policy — in relation to the given purpose of processing of personal data by the Administrator.
3. PURPOSE, LEGAL BASIS, RETENTION PERIOD AND SCOPE OF DATA PROCESSING IN THE ONLINE STORE
3.1. Each time the purpose, legal basis, retention period and scope, as well as the recipients of personal data processed by the Administrator, arise from the actions taken by a given User or Customer in the Online Store. For example, if a Customer decides to make a purchase in the Online Store and chooses personal collection 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 shared with the carrier carrying out shipments on behalf of the Administrator.
3.2. The Administrator may process personal data in the Online Store for the following purposes, on the following legal bases, for the following periods and to the following extent: — purpose of data processing: fulfilment of orders and handling of the purchase process of digital Products offered in the Online Store. — legal basis: Article 6(1)(b) GDPR (necessity for the performance of a contract) and Article 6(1)(f) GDPR (legitimate interest of the Administrator). — retention period: for the time necessary to perform the contract and for the period required by accounting and tax regulations. — scope of processing: first name, last name, e-mail address, IP address, data necessary for payment processing and access to digital content.
Personal data is processed solely for the purpose of completing the purchase of digital products. The products offered by the Seller are informational in nature and do not constitute specialist advice.
When using the BriefBot tool, only the user’s e-mail address and credit balance are stored by the Administrator. Message content is not retained.
4. RECIPIENTS OF DATA 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, for example, a software provider, courier, or payment processing entity). The Administrator uses only the services of such processors who provide sufficient guarantees of implementing appropriate technical and organisational measures so that the processing meets the requirements of the GDPR Regulation and protects the rights of the 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 for the realisation of a given purpose of personal data processing and only to the extent necessary for its realisation. For example, if a Customer uses personal collection, their data will not be transferred to the carrier cooperating with the Administrator.
4.3. Personal data of Users and Customers of the Online Store may be transferred to the following recipients or categories of recipients:
4.3.1. carriers / freight forwarders / courier brokers — in the case of a Customer who uses delivery of the Product by postal shipment or courier shipment in the Online Store, the Administrator shares the collected personal data of the Customer with the selected carrier, freight forwarder or intermediary carrying out shipments on behalf of the Administrator to the extent necessary to carry out the delivery of the Product to the Customer.
4.3.2. electronic payment or payment card processing entities — in the case of a Customer who uses electronic payments or payment card payments in the Online Store, the Administrator shares the collected personal data of the Customer with the selected entity handling the above payments in the Online Store on behalf of the Administrator to the extent necessary to handle the payment made by the Customer.
4.3.3. service providers supplying the Administrator with technical, IT and organisational 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 running the Online Store, e-mail and hosting providers, and providers of software for company management and technical support for the Administrator) — the Administrator shares the collected personal data of the Customer with the selected provider acting on their behalf only in the case and to the extent necessary to realise the given purpose of data processing consistent with this privacy policy.
4.3.4. 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 shares the collected personal data of the Customer with the selected provider acting on their behalf only in the case and to the extent necessary to realise the given purpose of data processing consistent with this privacy policy.
4.3.5. AI processing service providers — when a User submits a message through the BriefBot tool available at the Online Store, the content of that message is transmitted to OpenAI, L.L.C. (San Francisco, CA, USA) solely for the purpose of generating a response. The Administrator does not store the content of submitted messages. OpenAI processes this data in accordance with its own privacy policy, available at: https://openai.com/policies/privacy-policy
5. PROFILING IN THE ONLINE STORE
5.1. The GDPR Regulation imposes on the Administrator the obligation to provide information on 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 the envisaged consequences of such processing for the data subject. With this in mind, the Administrator provides in this section of the privacy policy information concerning possible profiling.
5.2. The Administrator may use profiling in the Online Store and Website for the purposes of direct marketing, 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, a reminder about unfinished purchases, sending a Product proposal that may correspond to 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 wish to take advantage of the discount or better conditions received in this way and make a purchase in the Online Store.
5.3. Profiling in the Online Store and Website consists of automatic analysis or prediction of the behaviour of a given person on the Online Store website, e.g. by adding a specific Product to the shopping cart, browsing the page of a specific Product in the Online Store, or by analysing the history of purchases made in the Online Store. A condition for such profiling is that the Administrator holds the personal data of the given person in order to subsequently 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 them or similarly significantly affects them.
6. 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 Administrator access to their personal data, its rectification, erasure (“right to be forgotten”) or restriction of processing, and has the right to object to processing, as well as the right to data portability. The detailed conditions for exercising the rights indicated above are set out in Articles 15–21 of the GDPR Regulation.
6.2. Right to withdraw consent at any time — a person whose data is 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 prior to its withdrawal.
6.3. Right to lodge a complaint with a supervisory authority — a person whose data is 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 to object at any time — on grounds relating to their particular situation — to the processing of personal data concerning them which is based on Article 6(1)(e) (public interest or official authority) or (f) (legitimate interest of the controller), including profiling based on those provisions. In such a case, the Administrator may no longer process that personal data unless the Administrator demonstrates 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 legal claims.
6.5. Right to object to direct marketing — if personal data is processed for the purposes of direct marketing, the data subject has the right to object at any time to the 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 section 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, OPERATIONAL DATA AND ANALYTICS
7.1. Cookies are small textual 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 which device the visitor to our Online Store is using). Detailed information about cookies, as well as the history of their creation, can be found, among other places, here: http://pl.wikipedia.org/wiki/Ciasteczko.
7.2. The Administrator may process data contained in cookies when visitors use the Online Store website for the following purposes: 7.2.1. identifying Users as logged in to the Online Store and showing that they are logged in; 7.2.2. remembering Products added to the shopping cart for the purpose of placing an Order; 7.2.3. remembering data from completed Order Forms, surveys or login details for the Online Store; 7.2.4. customising the content of the Online Store website to the individual preferences of the User (e.g. regarding colours, font size, page layout) and optimising the use of the Online Store pages; 7.2.5. producing anonymous statistics showing how the Online Store website is used; 7.2.6. remarketing, i.e. studying the behavioural characteristics 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 deliver advertisements tailored to their predicted interests, also when they visit other websites in the advertising network of Google Inc. and Facebook Ireland Ltd.
7.3. By default, most web browsers available on the market accept the saving of cookies. Everyone has the ability to specify the conditions for the use of cookies through the settings of their own web browser. This means that it is possible, for example, to partially restrict (e.g. temporarily) or completely disable the ability to save cookies — in the latter case, however, this may affect some functionalities of the Online Store (for example, it may prove impossible to complete the Order process through the Order Form due to the non-retention of Products in the shopping cart during subsequent steps of placing an Order).
7.4. The web browser settings regarding cookies are important from the perspective of consent to the use of cookies by our Online Store — in accordance with the regulations, such consent may also be expressed through web browser settings. In the absence of such consent, the web browser settings regarding cookies should be changed accordingly.
7.5. Detailed information on changing cookie settings and deleting them independently in the most popular web browsers is available in the browser’s help section and on the following pages (simply click on the given link):
in the Chrome browser
in the Firefox browser
in the Internet Explorer browser
in the Opera browser
in the Safari browser
in the Microsoft Edge browser
7.6. The Administrator may use in the Online Store and Website the services of Google Analytics, Universal Analytics provided by Google Inc. (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA). These services help the Administrator to analyse traffic in the Online Store. The data collected is processed within the above services in an anonymised manner (these are so-called operational data, which make it impossible to identify a person) to generate statistics helpful in administering the Online Store. This data is aggregated and anonymous in nature, i.e. it does not contain identifying features (personal data) of persons visiting the Online Store website. By using the above services in the Online Store, the Administrator collects data such as the sources and medium of acquisition of visitors to the Online Store and the manner of their behaviour on the Online Store website, information about the devices and browsers from which they visit the website, IP address and domain, geographic data, and demographic data (age, gender) and interests.
7.7. It is possible for a given person to easily block Google Analytics from sharing information about their activity on the Online Store website — for this purpose, one can install the browser add-on provided by Google Inc., available here: https://tools.google.com/dlpage/gaoptout?hl=pl.
7.8. The Administrator may use in the Online Store the Facebook Pixel service provided by Facebook Ireland Limited (4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland). This service helps the Administrator to measure the effectiveness of advertisements and to find out what actions visitors to the online store take, as well as to display tailored advertisements to those persons. Detailed information about the operation of Facebook Pixel can be found at the following internet address: https://www.facebook.com/business/help/742478679120153?helpref=page_content.
7.9. Management of the Facebook Pixel operation is possible through the advertising settings in one’s account on the Facebook.com portal: 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, after following links to other websites, to familiarise yourself with the privacy policy established there. This privacy policy applies only to the Administrator’s Online Store.