PRIVACY POLICY
ONLINE SHOP 303AVENUE.PL
CONTENTS:
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GENERAL PROVISIONS
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GROUNDS FOR PROCESSING
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PURPOSE, BASIS, DURATION AND SCOPE OF DATA PROCESSING IN THE ONLINE STORE
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DATA RECIPIENTS IN THE WEBSHOP
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PROFILING IN AN ONLINE SHOP
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RIGHTS OF THE DATA SUBJECT
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COOKIES IN THE WEBSHOP, USAGE DATA AND ANALYTICS
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FINAL PROVISIONS
1. GENERAL PROVISIONS
1.1. This Privacy Policy of the Online Store is for informational purposes only, which means that it is not a source of obligations for Service Recipients or Customers of the Online Store. The Privacy Policy primarily contains rules regarding the Administrator's processing of personal data in the Online Store, including the basis, 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 the personal data collected through the Online Store is the company 303 AVENUE SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ based in Warsaw (registered office and mailing address: Krucza 13/6 Street, 00-548 Warsaw); entered in the Register of Entrepreneurs of the National Court Register under the KRS number 0000652807; the register court where the company's records are kept: District Court for the Capital City of Warsaw in Warsaw, XII Economic Department of the National Court Register; share capital of: PLN 5,100.00; NIP 7010641916, REGON 366082974, e-mail address: [email protected] and contact telephone number: (+48) 734 458 777 - hereinafter referred to as the "Administrator" and being at the same time the Internet Shop Service Provider and the Seller.
1.3. Personal data in the Online Store 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 April 27, 2016 on the protection of natural persons in relation to the processing of personal data and on the free flow of such data and repealing Directive 95/46/EC (General Data Protection Regulation) - hereinafter referred to as "RODO" or "RODO Regulation". Official text of the RODO Regulation: http://eur-lex.europa.eu/legal-content/PL/TXT/?uri=CELEX%3A32016R0679
1.4. The use of the Online Store, including making purchases, is voluntary. Likewise, the related provision of personal data by the Customer or Client using the Online Store is voluntary, subject to two exceptions: (1) conclusion of contracts with the Administrator - failure to provide, in the cases and to the extent indicated on the website of the Internet Shop and in the Terms and Conditions of the Internet Shop and this privacy policy, personal data necessary for the conclusion and performance of a Sales Contract or an agreement for the provision of Electronic Services with the Administrator, results in the impossibility of concluding such a contract. The provision of personal data in such a case is a contractual requirement, and if the data subject wishes to conclude a given agreement with the Administrator, he/she is obliged to provide the required data. In each case, the scope of data required to conclude a contract is indicated beforehand on the website of the Online Store and in the Terms and Conditions of the Online Store; (2) statutory obligations of the Administrator - providing personal data is a statutory requirement resulting from generally applicable laws imposing an obligation on the Administrator to process personal data (e.g. processing data for tax or accounting purposes) and failure to provide such data will prevent the Administrator from performing such obligations.
1.5. The controller shall exercise special care to protect the interests of the persons whose personal data it processes, and in particular shall be responsible 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)stored 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.
1.6. Taking into account the nature, scope, context and purposes of the processing and the risk of violation of the rights or freedoms of natural persons with different probability and severity of the threat, the Administrator shall implement appropriate technical and organizational measures to ensure that the processing is carried out in accordance with this Regulation and to be able to demonstrate this. These measures shall be reviewed and updated as necessary. The Administrator shall implement technical measures to prevent the acquisition and modification by unauthorized persons, of personal data sent electronically.
1.7. All words, phrases and acronyms appearing in this privacy policy and beginning with a capital letter (e.g., Seller, Online Store, Electronic Service) shall be understood in accordance with their definition in the Terms and Conditions of the Online Store available on the pages of the Online Store.
2. GROUNDS FOR PROCESSING
2.1. The controller shall be 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 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 action 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.
2.2. The processing of personal data by the Controller requires, in each case, the existence of at least one of the grounds indicated in sec. 2.1 of the 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 section of the privacy policy - with respect to the given purpose of personal data processing by the Administrator.
3. THE PURPOSE, BASIS, DURATION AND SCOPE OF DATA PROCESSING IN THE ONLINE SHOP
3.1. Each time, the purpose, basis, period and scope and recipients of personal data processed by the Administrator results from the activities undertaken by a given Service Recipient or Customer in the Online Store. For example, if a Customer decides to make purchases from the Online Store and chooses personal collection of the purchased Product instead of courier delivery, his/her personal data will be processed for the purpose of executing the concluded Sales Agreement, but will no longer be made available to the carrier performing the 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 grounds, for the following periods and to the following extent:
4. THE RECIPIENTS OF THE DATA IN THE ONLINE SHOP
4.1. For the proper functioning of the Online Store, including the execution of concluded Sales Agreements, it is necessary for the Administrator to use the services of external entities (such as a software provider, courier, or payment processor). 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 the data subjects.
4.2. Personal data may be transferred by the Controller to a third country, in which case the Controller shall ensure that this shall be done with respect to a country providing an adequate level of protection - in accordance with the RODO Regulation, and the data subject shall be able to obtain a copy of his/her data. The Administrator shall transfer the collected personal data only in the case of and to the extent necessary to fulfill the given purpose of data processing in accordance with this Privacy Policy.
4.3. 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 a given purpose of personal data processing and only to the extent necessary for its realization. For example, if the Customer uses personal pickup, his data will not be transferred to the carrier cooperating with the Administrator.
4.4. Personal data of Service Recipients and Customers of the Online Store may be transferred to the following recipients or categories of recipients:
4.4.1. carriers / forwarders / courier brokers - In the case of a Customer who uses the Online Store's method of Product delivery by mail or courier service, the Administrator makes the collected personal data of the Customer available to the selected carrier, forwarder or courier broker executing shipments on behalf of the Administrator to the extent necessary to complete the delivery of the Product to the Customer.
4.4.2. Entities handling electronic or credit card payments - In case of a Customer who uses electronic or credit card payment method in the Internet Shop, the Administrator makes the collected personal data of the Customer available to a selected entity handling the above payments in the Internet Shop on the order of the Administrator to the extent necessary to handle the payment made by the Customer.
4.4.3. Service providers supplying the Administrator with technical, IT and organizational solutions enabling the Administrator to run its business, including the Online Store and Electronic Services provided through it. (in particular, providers of computer software for running the Online Store, providers of e-mail and hosting, services enabling automation of marketing processes, and providers of software for business management and technical assistance to the Administrator) - the Administrator shall make the collected personal data of the Customer available to the selected provider acting on its behalf only in the case and to the extent necessary to realize the given purpose of data processing in accordance with this Privacy Policy.
4.4.4. Accounting, legal and advisory service providers providing accounting, legal or advisory support to the Administrator (in particular, an accounting firm, law firm or debt collection firm) - the Administrator shall make the collected personal data of the Client available to the selected provider acting on its behalf only in the case and to the extent necessary to achieve the given purpose of data processing in accordance with this Privacy Policy.
5. PROFILING IN AN ONLINE SHOP
5.1. The RODO Regulation imposes an obligation on the Controller to provide information on automated decision-making, including profiling, as referred to in Article 22 (1) and (4) of the RODO Regulation, and, at least in 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.
5.2. The Administrator may use profiling on 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 on the Online Store. The effect of the use of profiling in the Online Store may be, for example, to grant a person a discount, send him/her a discount code, remind him/her of unfinished purchases, send him/her a proposal for a Product that may match the person's interests or preferences, or offer better conditions compared to the standard offer of the Online Store. Despite the profiling, it is the person who freely decides whether he or she will want to take advantage of the discount or better conditions received in this way and make a purchase from the Online Store.
5.3. Profiling in the Online Store consists of automatic analysis or prediction of a person's behavior on the Online Store website, e.g. by adding a particular Product to the shopping cart, browsing the page of a particular 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 the person in question in order to be able to then send him/her, for example, a discount code.
5.4. 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 data subject or in a similar manner materially affects the data subject.
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 Controller access to his/her personal data, rectification, erasure ("right to be forgotten") or restriction of processing, and has the right to object to processing, and has the right to portability of his/her data. The detailed conditions for exercising the rights indicated above are indicated in Articles 15-21 of the RODO Regulation.
6.2 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 Ordinance), 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.
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 to a supervisory authority in the manner and mode specified in the provisions of the RODO Regulation and Polish law, in particular the Personal Data Protection Act. The supervisory authority in Poland is the President of the Office for Personal Data Protection.
6.4 Right to object - The data subject has the right to object at any time - for reasons related 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. In such case, the controller 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.
6.5 Right to object to direct marketing - If personal data are 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 him/her for such marketing, including profiling, to the extent that the processing is related to such direct marketing.
6.6. In order to exercise the rights referred to in this section of the Privacy Policy, the Administrator may be contacted 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 website of the Online Store.
7. COOKIES IN THE WEBSHOP, USAGE DATA AND ANALYTICS
7.1. Cookies are small text information in the form of text files, sent by a server and stored on the side of the person visiting the site of the Online Store (e.g. on the hard drive of a computer, laptop, or smartphone memory card - depending on the device used by the visitor to our Online Store). Detailed information about cookies, as well as the history of their creation can be found, among others, here: http://pl.wikipedia.org/wiki/Ciasteczko.
7.2 The Administrator may process data contained in Cookies when visitors use the website of the Online Store for the following purposes:
7.2.1. identifying Service Recipients 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 data to the Online Store;
7.2.4. adjusting the content of the Internet Shop's website to the individual preferences of the Customer (e.g. concerning colors, font size, page layout) and optimizing the use of the Internet Shop's pages;
7.2.5. conducting anonymous statistics showing the manner of use of the Internet Shop website;
7.2.6. remarketing, i.e. studying the behavioral characteristics of visitors to the Online Store through anonymous analysis of their actions (e.g. repeated visits to specific pages, keywords, etc.) in order to create their profile and provide them with advertisements tailored to their anticipated interests, also when they visit other websites in the advertising network of Google Ireland Ltd. and Facebook Ireland Ltd.
7.3. By default, most web browsers available on the market accept the storage of cookies. Everyone has the possibility 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 possibility of storing Cookies - in the latter case, however, this may affect some of the functionality of the Online Store (for example, it may not be possible to pass the path of the Order through the Order Form due to the failure to remember the Products in the shopping cart during the subsequent steps of placing the Order).
7.4. The settings of your Internet browser regarding Cookies are important from the point of view of your consent to the use of Cookies by our Online Store - according to the regulations, such consent may also be expressed through the settings of your Internet browser. In the absence of such consent, the browser settings for Cookies must be changed accordingly.
7.5. 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 Internet Explorer in Opera browser
in Safari browser
in Microsoft Edge browser
7.6. The Administrator may use Google Analytics, Universal Analytics services provided by Google Ireland Limited (Gordon House, Barrow Street, Dublin 4, Ireland) and Facebook Pixel service provided by Facebook Ireland Limited (4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland) on the Online Store. These services help the Administrator analyze traffic on the Online Store. The data collected is processed by the above services in an anonymized manner (this is so-called exploitation data, which prevents identification of the person) to generate statistics to help administer the Online Store. These data are aggregate and anonymous, i.e. they do not contain identifying characteristics(personal data) of visitors to the Online Store website. The Administrator, when using the above services in the Online Store, collects such data as the source and medium of obtaining visitors to the Online Store and the way they behave on the Online Store website, information about the devices and browsers from which they visit the website, IP and domain, geographical data and demographic data (age, gender) and interests.
7.7. It is possible for a person to easily block Google Analytics from sharing information about their activity on the Online Store website - for this purpose you can install a browser add-on provided by Google Ireland Ltd. available here: https://tools.google.com/dlpage/gaoptout?hl=pl.
7.8. You can manage the operation of the Facebook Pixel through the advertising settings in your Facebook.com account: https://www.facebook.com/help/247395082112892/?helpref=uf_share.
8. FINAL PROVISIONS
8.1. The Online Store may contain links to other websites. The Administrator urges that when you go to other sites, you should read the privacy policy established there. This privacy policy applies only to the Administrator's Online Store.
