PRIVACY POLICY
1. This Privacy Policy determines the rules of processing of personal data obtained through the online store modecostone.eu (hereinafter referred to as the “Online Store”).
2. The owner of the Store and the controller of personal data is Zbigniew Zaremba, conducting business activity under the company name HART ZBIGNIEW ZAREMBA, with its registered office in Wrocław (51-143), ul. Adama Asnyka 34, entered into the Central Registration And Information On Business kept by the Minister of Economic Development and Technology, Tax Id. No.: 8951004154, REGON Statistical Id. No.: 930426265, hereinafter referred to as HART ZBIGNIEW ZAREMBA.
3. Personal data collected by HART ZBIGNIEW ZAREMBA through the Online Store are processed in line with the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on 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, GDPR).
4. HART ZBIGNIEW ZAREMBA shall exercise due diligence to respect the privacy of Customers visiting the Online Store.
§ 1 Types of processed data, purposes and legal basis for processing
1. HART ZBIGNIEW ZAREMBA collects information concerning natural persons who make a legal transaction not directly related to their business activity, of natural persons who conduct their own business or professional activity, and natural persons representing legal persons or organisational units without legal personality which by law are granted legal capacity, hereinafter referred to jointly as “Customers.”
2. Personal data of Customers are collected in the following instances:
a) registration of an account in the Online Store, for the purpose of creating a personal account and managing the account. Legal basis: processing is necessary for the performance of a contract for the service of creating an account (Art. 6(1)(b) of the GDPR);
b) placing an order at the Online Store, for the purpose of performing a contract of sale. Legal basis: processing is necessary for the performance of a contract of sale (Art. 6(1)(b) of the GDPR);
c) using the Online Store’s contact form, for the purpose of performing an e-service contract. Legal basis: processing is necessary for the performance of a contract for the contact form service (Art. 6(1)(b) of the GDPR);
d) using the service “submit a review,” for the purpose of performing an e-service contract. Legal basis: processing is necessary for the performance of a contract for the service “submit a review” (Art. 6(1)(b) of the GDPR).
3. To register an account in the Online Store, the Customer must provide:
a) their email address.
4. During the process of registering an account in the Online Store, the Customer sets their individual password. The Customer may later change their password in line with §5.
5. To place an order at the Online Store, the Customer must provide:
a) their email address;
b) their mailing address details:
a. post code and town/city;
b. country;
c. street address, with house/building and apartment number;
c) their full name;
d) their telephone number.
6. For legal persons, the required information additionally include:
a) company name;
b) the company’s Tax Id. No.
7. To use the contact form, the Customer must provide:
a) their email address;
b) their full name;
c) their telephone number.
8. To submit a review, the Customer is only required to provide their pseudonym, nick or name.
9. During the use of the Online Store website, additional information may be collected, including in particular: the IP address of the Customer’s computer or the external IP address of their Internet provider, the domain name, type of browser, time and duration of access and the type of their operating system.
10. Navigation data may also be collected from Customers, including information on links and hyperlinks they choose to click on or other actions they take in the Online Store. Legal basis: legitimate interests (Art. 6(1)(f) of the GDPR) consisting in facilitating the use of electronic services and improving the functionality of such services.
11. For the purpose of establishing, pursuing and satisfying claims, certain personal data provided by the Customer in the course of their use of the Online Store’s functions may be processed, including: full name, data concerning the Customer’s use of services if the claims arise out of the Customer’s use of services, other data necessary to substantiate the claim, including the scope of the loss suffered. Legal basis: legitimate interests (Art. 6(1)(f) of the GDPR) consisting in establishing, pursuing and satisfying claims and defence against claims in proceedings before courts or other state authorities.
12. Providing personal data to HART ZBIGNIEW ZAREMBA is voluntary for the conclusion of contracts of sale or for the provision of services through the Online Store’s website, with the reservation that not providing the data required in the respective forms during registration will prevent the registration and the creation of a Customer account, and placing an order without registering a Customer account is not possible.
§ 2 To whom are the data entrusted or made available?
1. Personal data of Customers are transferred to providers of services used by HART ZBIGNIEW ZAREMBA as part of managing the Online Store. The service providers to whom personal data are transferred, depending on contractual arrangements, are either made to comply with instructions of HART ZBIGNIEW ZAREMBA concerning the purposes and means of data processing (processors) or determine the purposes and means of processing of such data independently (data controllers).
a) Processors. HART ZBIGNIEW ZAREMBA uses the services of service providers who process personal data solely at the request of HART ZBIGNIEW ZAREMBA. Such service providers include providers of hosting and accounting services, marketing systems, Online Store traffic analysis tools, marketing campaign effectiveness analysis systems;
b) Controllers. HART ZBIGNIEW ZAREMBA uses the services of service providers who do not solely act on request and determine the purposes and means of Customer data processing independently. Such service providers provide online payment and banking services.
2. Location. Service providers are seated in Poland and in other European Economic Area (EEA) countries.
3. Customers’ personal data are stored:
a) Where personal data processing is based on consent, a Customer’s personal data are processed by HART ZBIGNIEW ZAREMBA until the consent is withdrawn, and after such withdrawal of consent – until the end of the period of limitation of the claims which might be brought against or by HART ZBIGNIEW ZAREMBA. Unless otherwise provided by a specific provision, the limitation period is six years, and three years for claims for periodic benefits and claims relating to business activity.
b) Where personal data are processed in order to perform a contract, a Customer’s personal data are processed by HART ZBIGNIEW ZAREMBA for the period required to perform the contract, and after such a period – until the end of the period of limitation of claims. Unless otherwise provided by a specific provision, the limitation period is six years, and three years for claims for periodic benefits and claims relating to business activity.
4. For orders placed at the Online Store, personal data may be transferred to a courier company for the purpose of delivery of the ordered goods.
5. Navigation data may be used to ensure better service, statistical data analysis, to adjust the Online Store to Customers’ preferences and to manage the Online Store.
6. Pursuant to an order from state authorities, in particular the prosecutor’s office, the police, the President of the Personal Data Protection Office, the President of the Office of Competition and Consumer Protection or the President of the Office of Electronic Communications, HART ZBIGNIEW ZAREMBA may make personal data available to such authorities.
§ 3 Cookies, IP address
1. The Online Store uses small files commonly known as cookies. Cookies are uploaded by HART ZBIGNIEW ZAREMBA on the end device of the users visiting the Online Store, provided that the browser enables it. Cookies typically contain the name of the domain they are from, their expiration date, and a random number identifying the file. Information collected with such files can adjust the products offered by HART ZBIGNIEW ZAREMBA to individual preferences and needs of the visitors of the Online Store. They also enable generating general traffic statistics for individual products offered in the Online Store.
2. HART ZBIGNIEW ZAREMBA uses two types of cookies:
a) Session cookies: the saved information is erased from the device when the browser session ends or the device is turned off. The session cookies mechanism prevents downloading any personal data or any confidential information from the Customers’ computer.
b) Persistent cookies: they are stored in the end Customer’s device memory and remain there until they are deleted or expire. The persistent cookies mechanism prevents downloading any personal data or any confidential information from the Customers’ computer.
3. HART ZBIGNIEW ZAREMBA uses first-party cookies for the following purposes:
a) authentication of the Customer in the Online Store and ensuring continuity of the Customer’s session after logging in, thanks to which the Customer does not have to enter their log in details on each sub-page of the Online Store;
b) analysis and research as well as website traffic audit, in particular generating anonymised statistics facilitating insight into the way Customers use the Online Store website, which enables the improvement of its structure and content.
4. HART ZBIGNIEW ZAREMBA uses third-party cookies for the following purposes:
a) displaying a map indicating the location of HART ZBIGNIEW ZAREMBA’s office on the website’s information pages using the online service maps.google.com (third-party cookie controller: Google Inc. located in the USA);
b) collecting general and anonymised static data using Google Analytics (third-party cookie controller: Google Inc. located in the USA);
c) displaying the Reliable Terms Certificate (Certyfikat Rzetelny Regulamin) using the rzetelnyregulamin.pl online service (third-party cookie controller: Rzetelna Grupa sp. z o.o. located in Warsaw).
5. The cookies mechanism is safe for the computers of the Customers at the Online Store. In particular, it is not possible for viruses or other undesired software or malware to enter the customers’ computers in this way. Nevertheless, Customers can limit or disable installing cookies on their computers. If a Customer decides to take advantage of this option, using the Online Store will be possible, except for functions which require cookies in order to work.
6. Shown below are instructions on how to change the settings of popular Internet browsers with regards to cookies:
a) Chrome and Chrome Mobile;
b) Facebook in-app Browser;
c) Internet Explorer;
d) Microsoft EDGE;
e) Mozilla Firefox;
f) Opera;
g) Safari and Safari Mobile;
h) Samsung Browser.
7. HART ZBIGNIEW ZAREMBA may collect the IP addresses of Customers. An IP address is a number assigned by the Internet provider to the computer of the person visiting the Online Store. The IP number enables access to the Internet. In most instances, it is assigned to a computer as a dynamic IP address, which means that it is changed each time the device connects to the Internet. The IP address is used by HART ZBIGNIEW ZAREMBA for diagnosing technical server issues, generating statistical analyses (e.g. determining the areas where the most visitors are located), as information that is useful for managing and improving the Online Store as well as for safety purposes and for identification of potential undesired automated Online Store content crawler software which puts heavy load on the server.
8. The Online Store contains links and hyperlinks to other websites. HART ZBIGNIEW ZAREMBA is not liable for their privacy policies.
§ 4 Rights of data subjects
1. The right to withdraw consent – legal basis: Art. 7(3) of the GDPR.
a) Customers have the right to withdraw any consent they have given to HART ZBIGNIEW ZAREMBA.
b) Withdrawal of consent is effective as of the moment of withdrawal.
c) Withdrawing consent does not affect the lawfulness of the processing conducted by HART ZBIGNIEW ZAREMBA based on the consent prior to its withdrawal.
d) Withdrawal of consent shall not result in any negative consequences for the Customer, it may however render further use of services or functions provided by HART ZBIGNIEW ZAREMBA based on consent impossible.
2. The right to object to the processing of personal data – legal basis: Art. 21 of the GDPR.
a) Customers have the right to object – at any time and due to reasons arising out of their individual situation – to the processing of their personal data, including profiling, if HART ZBIGNIEW ZAREMBA processes such data based on legitimate interest, for instance to advertise the products and services of HART ZBIGNIEW ZAREMBA, keeping statistics on the use of particular functions of the Online Store, facilitating the use of the Online Store, and conducting customer satisfaction surveys.
b) Opting out, in the form of an email, of receiving marketing communications concerning products or services shall be taken to mean the Customer’s objection to the processing of their personal data, including profiling for such purposes.
c) If the Customer’s objection is deemed justified and HART ZBIGNIEW ZAREMBA has no other legal basis for processing the personal data, the Customer’s personal data against the processing of which the Customer has raised an objection will be erased.
3. The right to erasure (“right to be forgotten”) – legal basis: Art. 17 of the GDPR.
a) Customers have the right to obtain the erasure of all or some of their personal data.
b) Customers have the right to request erasure of personal data if:
a. the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed;
b. they have withdrawn the consent on which the processing is based;
c. they have objected to the processing of their data for marketing purposes;
d. the personal data have been unlawfully processed;
e. the personal data have to be erased for compliance with a legal obligation in Union or Member State law to which HART ZBIGNIEW ZAREMBA is subject;
f. the personal data have been collected in relation to the offer of information society services.
c) HART ZBIGNIEW ZAREMBA may, irrespective of the request for erasure of personal data, objection or withdrawal of consent, retain certain personal data the processing of which is necessary for the establishment, exercise or defence of legal claims or compliance with a legal obligation which requires processing by Union or Member State law to which HART ZBIGNIEW ZAREMBA is subject. This concerns in particular personal data including: full name, address, email address, which are retained for the purpose of processing complaints and claims regarding the use of services provided by HART ZBIGNIEW ZAREMBA, and additionally: residence address/mailing address and order number, which are retained for the purpose of processing complaints and claims regarding the contracts of sale or service contracts concluded.
4. The right to restriction of processing of personal data – legal basis: Art. 18 of the GDPR.
a) Customers have the right to obtain the restriction of processing of their personal data. Requesting restriction of processing will prevent, until the request is resolved, the use of certain functions and services the use of which involves processing the data which the request concerns. HART ZBIGNIEW ZAREMBA will additionally cease sending any communications, including marketing communications.
b) Customers have the right to obtain restriction of processing where one of the following applies:
a. the accuracy of the personal data is contested by the Customer – in such an event, HART ZBIGNIEW ZAREMBA shall restrict processing of such data for a period required to verify the accuracy of the personal data, not longer than 7 days;
b. the processing is unlawful and the Customer requests the restriction of personal data processing instead of their erasure;
c. the personal data ceased being necessary for the purposes for which they were collected or used, but they are required by the Customer for the establishment, exercise or defence of legal claims;
d. the Customer has objected to the use of their data; processing is restricted until it is resolved whether – due to reasons arising out of their individual situation – the protection of the Customer’s interests, rights and freedoms override the Controller’s legitimate interests pursued by processing the Customer’s personal data.
5. The right of access to personal data – legal basis: Art. 15 of the GDPR.
a) Customers have the right to obtain from the Controller confirmation as to whether or not personal data concerning them are being processed, and, where that is the case:
a. be granted access to their personal data;
b. obtain information on the purposes of the processing, categories of personal data concerned, the recipients or categories of recipient to whom the personal data have been or will be disclosed, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period, Customer rights under the GDPR and the right to lodge a complaint with a supervisory authority; on the source of the data, automated decision-making including profiling, and on appropriate safeguards applied if the data are transferred outside the European Union;
c. obtain a copy of their personal data.
6. The right to request rectification of personal data – legal basis: Art. 16 of the GDPR.
a) Customers have the right to obtain from the Controller without undue delay the rectification of inaccurate personal data concerning them. Taking into account the purposes of the processing, the Customer whom the data concern shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement via email to the email address as indicated in §6 of this Privacy Policy.
7. The right to personal data portability – legal basis: Art. 20 of the GDPR.
a) Customers have the right to receive the personal data which they have provided to the Controller and to transmit those data to another personal data controller. Customers additionally have the right to have the personal data transmitted directly from the Controller to another controller, where technically feasible. In such an event, the Controller shall transmit the Customer’s personal data in the form of a csv file, which is a commonly used and machine-readable format which enables transmitting the obtained data to another personal data controller.
8. After a Customer requests the enforcement of any of the above listed rights, HART ZBIGNIEW ZAREMBA shall grant the request or refuse to act on it without undue delay, but not later than within one month of receiving the request. Should HART ZBIGNIEW ZAREMBA be unable to grant the request within one month – taking into account the complexity and number of the requests – that period may be extended by two further months where necessary, of which HART ZBIGNIEW ZAREMBA shall inform the Customer within one month of receipt of the request, together with the reasons for the delay.
9. Customers may lodge complaints, make inquiries and submit requests concerning the processing of their personal data and the enforcement of their rights with the Controller.
10. Customers have the right to request from HART ZBIGNIEW ZAREMBA standard contractual clauses by means of inquiry as indicated in §6 of this Privacy Policy.
11. The Customer has the right to lodge a complaint with the President of the Personal Data Protection Office regarding any infringement of their right to the protection of their personal data or any other rights under GDPR.
§ 5 Security management – passwords
1. HART ZBIGNIEW ZAREMBA ensures secure and encrypted connection during any personal data transmission and logging in to Customer accounts on the website. HART ZBIGNIEW ZAREMBA uses an SSL certificate provided by a leading global Internet-transmitted data security and encryption company.
2. If a Customer who has a Customer account in the Online Store loses their password, the Online Store enables generating a new password. HART ZBIGNIEW ZAREMBA does not offer a password reminder. Each password is encrypted in a way so that it cannot be read. In order to generate a new password, the Customer must provide their email address in the form available under the link “Forgot your password?” displayed with the log in form in the Online Store. The Customer will then receive, to the email address provided during registration or the last saved email address associated with their account, a message containing a hyperlink to a dedicated form on the Online Store’s website, where they will be able to set a new password.
3. HART ZBIGNIEW ZAREMBA does not ever send any communications, including email messages, asking for log in details, in particular for the Customer’s password.
§ 6 Changes to this Privacy Policy
1. This Privacy Policy may be amended, of which HART ZBIGNIEW ZAREMBA shall inform Customers 7 days in advance.
2. Questions regarding this Privacy Policy should be emailed at: info@modecostone.eu.
3. Last updated on: 13.09.2023