GENERAL PROVISIONS
This Website privacy policy is for informational purposes, which means that it does not impose obligations on persons using the Website. The Privacy Policy primarily contains rules regarding the processing of personal data collected by the Administrator on the Website, including the basis, purposes and period of processing of personal data and the rights of data subjects, as well as information regarding the use of cookies and similar technologies and analytical tools on the Website.
The administrator of the personal data collected through the Website is EWNAR SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office in Nowe Racibory (registered office address: 113 Mazowiecka Street, 05-555 Nowe Racibory and delivery address: 16 Usługowa Street, 05-552 Łazy); entered in the Register of Entrepreneurs of the National Court Register under the number KRS 0000943787; register court where the company’s records are kept: District Court Lublin Wschód in Lublin with its seat in Świdnik, VI Economic Department of the National Court Register; share capital in the amount of: PLN 200,000; NIP: 1231505870; REGON: 520890623, e-mail address: sklep@ewnarstore.pl and contact telephone number: + 48 885 880 060 – hereinafter referred to as the “Administrator” and which is also the Owner of the Website.
Personal data on the Website are 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 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 “RODO” or “RODO Regulation”. The official text of the RODO Regulation: http://eur-lex.europa.eu/legal-content/PL/TXT/?uri=CELEX%3A32016R0679.
The use of the Website is voluntary. Likewise, the related provision of personal data by the user using the Website is voluntary, with the proviso that failure by the user to provide certain data required to use a specific functionality of the Website – may result in the inability to use that functionality (e.g. contact form). The provision of personal data in such a case is a contractual requirement, and if the data subject wishes to use a specific functionality provided on the Site by the Administrator, he/she is obliged to provide the required data. Each time the scope of data required to use a functionality of the Site is indicated by the Administrator on the Website (e.g. before filling out the contact form).
The controller shall exercise special care to protect the interests of persons whose personal data it processes, and in particular shall be responsible for and ensure that the data it collects are: (1) processed in accordance with the law; (2) collected for designated legitimate purposes and not subjected to further processing incompatible with those purposes; (3) substantively correct and adequate in relation to the purposes for which they are processed; (4) kept in a form that allows identification of the subjects for no longer than necessary to achieve the purpose of the 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, by means of appropriate technical or organizational measures.
Taking into account the nature, scope, context and purposes of the processing, as well as the risk of violation of the rights or freedoms of natural persons of varying probability and severity, the Administrator implements appropriate technical and organizational measures to ensure that the processing is carried out in accordance with the RODO Regulation and to be able to demonstrate this. These measures are reviewed and updated as necessary. The Administrator shall apply technical measures to prevent unauthorized persons from obtaining and modifying personal data sent electronically.
All words, phrases and acronyms appearing in this privacy policy and beginning with a capital letter shall be understood in accordance with their meaning herein.
GROUNDS FOR DATA PROCESSING
The controller is authorized 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 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 a party or to take steps at the request of the data subject prior to entering into a contract; (3) the processing is necessary for the fulfillment of a legal obligation incumbent on the Controller; or (4) processing is necessary for the purposes of 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.
The processing of personal data by the Administrator requires the existence of at least one of the following grounds each time
of the grounds indicated above. The specific grounds for the Administrator’s processing of personal data of the Website’s users are indicated in the next section of the privacy policy – with respect to the particular purpose of the Administrator’s processing of personal data.
PURPOSE, BASIS AND DURATION OF DATA PROCESSING ON THE WEBSITE
Each time, the purpose, basis and period and recipients of the personal data processed by the Administrator results from
from the activities undertaken by the respective user on the Website.
The Administrator may process personal data on the Website for the following purposes, on the following grounds, and for the period in accordance with the table below:
|
Purpose of data processing |
Legal basis for data processing |
Data retention period |
|
Use of electronic services provided by the Administrator on the Website |
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 action at the request of the data subject prior to entering into a contract, such as responding to an inquiry sent by the user via a contact form |
The data are kept for the period necessary to execute, terminate or otherwise expire the contract concluded with the Administrator, e.g. for the time necessary to respond to the user’s inquiry sent via the contact form. |
|
Direct marketing |
Article 6(1)(f) of the RODO Regulation (legitimate interest of the Administrator) – the processing is necessary for the purposes of the Administrator’s legitimate interests – consisting of taking care of the Administrator’s interests and good image and striving to provide services
|
The data shall be kept for the period of existence of the legitimate interest pursued by the Administrator, but no longer than the statute of limitations for claims against the data subject for the Administrator’s business activities. The period of limitation is 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). The Administrator may not process data for direct marketing purposes in the event of an effective objection in this regard 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 withdraws his consent to further processing of his data for this purpose. |
|
Determining, asserting or defending claims that the Administrator may assert or that may be asserted against the Administrator |
Article 6(1)(f) of the RODO Regulation – processing is necessary for the purposes of the Administrator’s legitimate interests – consisting of establishing, asserting or defending claims that the Administrator may raise or that may be raised against the Administrator |
The data shall be stored for the period of existence of the legitimate interest pursued by the Administrator, but no longer than the statute of limitations for claims against the data subject arising from the Administrator’s business activities. The period of limitation is determined by the provisions of law, in particular the Civil Code (the basic limitation period for claims that may be raised against the Administrator is six years). |
|
Use of the Website 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 operating and maintaining the Website |
The data shall be kept for the period of existence of the legitimate interest pursued by the Administrator, but no longer than the statute of limitations for the Administrator’s claims against the data subject on account of the Administrator’s business activities. The period of limitation is 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). |
|
Keeping statistics and analyzing traffic on the Website |
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 statistics and analysis of traffic on the Website in order to improve the functioning of the Website |
The data shall be kept for the period of existence of the legitimate interest pursued by the Administrator, but no longer than the statute of limitations for the Administrator’s claims against the data subject on account of the Administrator’s business activities. The period of limitation is 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). |
RECIPIENTS OF DATA ON THE WEBSITE
For the proper functioning of the Website, it is necessary for the Administrator to use the services of third parties (such as a software provider). The Administrator shall only use the services of such processors who provide sufficient guarantees for the implementation of appropriate technical and organizational measures so that the processing meets the requirements of the RODO Regulation and protects the rights of data subjects.
Personal data may be transferred by the Administrator to a third country, in which case the Administrator shall ensure that this will be done in relation to a country providing an adequate level of protection – in accordance with the RODO Regulation, and in the case of other countries, that the transfer will take place on the basis of standard data protection clauses. The controller shall ensure that the data subject has the opportunity to obtain a copy of his/her data. The Administrator shall transfer the collected personal data only in the case and to the extent necessary to fulfill the given purpose of data processing in accordance with this Privacy Policy.
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 transfers data only when it is necessary for the realization of the given purpose of personal data processing and only to the extent necessary for its realization.
Personal data of Website users may be transferred to the following recipients or categories of recipients:
PROFILING
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 those cases, relevant information on the modalities of such decision-making, as well as the significance and anticipated 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.
The Administrator may use profiling on the Website for direct marketing purposes, but the decisions made by the Administrator based on it do not relate to the conclusion or refusal of a contract or the possibility of using electronic services on the Website. Despite the profiling, it is the individual who freely decides whether or not to take advantage of a discount or offer of the Administrator received in this manner.
Profiling on the Website may consist in automatic analysis or prediction of a person’s behavior on the Website, e.g. by analyzing the person’s past history of activity on the Website. 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, for example, a discount code or an offer.
The data subject has the right not to be subject to a decision that is based solely on automated processing, including profiling, and that produces legal effects with respect to the person or similarly significantly affects the person.
RIGHTS OF THE DATA SUBJECT
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.
Right to withdraw consent at any time – a person whose data is processed by the Administrator 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 legality of the processing performed on the basis of consent before its withdrawal.
Right to lodge a complaint to a supervisory authority – a person whose data is processed by the Administrator 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.
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 under these provisions.
The controller in such a case shall no longer be allowed to process such personal data, unless the controller demonstrates the existence of compelling legitimate grounds for the processing overriding the interests, rights and freedoms of the data subject, or grounds for establishing, asserting or defending claims.
Right to object to direct marketing – if personal data are 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 such marketing, including profiling, to the extent that the processing is related to such direct marketing.
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.
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 Website (e.g. on the hard drive of a computer, laptop, or smartphone memory card – depending on the device used by the visitor to our Website). Detailed information about cookies, as well as the history of their creation can be found, among other things, here: https://pl.wikipedia.org/wiki/HTTP_cookie.
Cookies that can be sent by the Website can be divided into different types, according to the following criteria:
Because of their supplier:
Due to their storage period on the device of the person visiting the Website:
Due to the purpose of their use:
The Administrator may process data contained in Cookies when visitors use the Website for the following specific purposes:
Purposes of using cookies on the Administrator’s Website
Checking in the most popular web browsers which cookies (including the duration of cookies and their provider) are sent at the moment by the 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 the Firefox browser:
(1) in the address bar, click on the shield icon on the left,
(2) go to the “Allowed” or “Blocked” tab,
(3) click the box “Tracking cookies between sites”, “Social network tracking elements” or “Content with tracking elements”
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 Opera:
(1) in the address bar, click on the padlock icon on the left,
(2) go to the “Cookies” tab.
In Safari:
(1) click the “Preferences” menu,
(2) go to the “Privacy” tab,
(3) click in the box “Manage site data”
Regardless of the browser, using tools available, for example, on the site: https://www.cookiemetrix.com/ or: https://www.cookie-checker.com/
By default, most web browsers on the market accept the storage of Cookies by default. Everyone has the ability to determine the conditions for the use of Cookies through the settings of their own web browser. This means that you can, for example, partially restrict (e.g. temporarily) or completely disable the ability to save Cookies – in the latter case, however, this may affect some of the functionality of the Website.
Your browser’s settings regarding Cookies are relevant to your consent to the use of Cookies by our Website – in accordance with the regulations, such consent can also be given through your browser settings. Detailed information on how to change the settings for 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 link):
in Chrome
in Firefox
in Explorer
in Opera
in Safari
in Microsoft Edge
The Administrator may use Google Analytics services provided by Google Ireland Limited (Gordon House, Barrow Street, Dublin 4, Ireland) on the Website. These services help the Administrator keep statistics and analyze traffic on the Website. The data collected is processed by the above services to generate statistics to help administer the Website and analyze traffic on the Website. These data are of an aggregate nature. When using the above services on the Website, the Administrator collects such data as the source and medium of acquisition of visitors to the Website and their behavior on the Website, information on the devices and browsers from which they visit the Website, IP and domain, geographic data, and demographic data (age, gender) and interests.
It is possible for a person to easily block information about his or her activity on the Website from being made available to Google Analytics – for this purpose, for example, you can install a browser add-on provided by Google Ireland Ltd. available here: https://tools.google.com/dlpage/gaoptout?hl=en.
In connection with the Administrator’s ability to use advertising and analytical services provided by Google Ireland Ltd. on the Website, the Administrator indicates that full information about the principles of processing of data of visitors to the Website (including information stored in cookies) by Google Ireland Ltd. can be found in the privacy policy of Google services available at the following web address: https://policies.google.com/technologies/partner-sites.
