Privacy Policy
1. This Privacy Policy sets out the principles for processing personal data obtained via the Najlepszeferomony.pl online store (hereinafter referred to as the "Online Store").
Every User, after logging in, has the right to view, correct, and delete their personal data.
2. The owner of the Online Store and simultaneously the data controller is DANCO Daniel Jarek with its registered office in Bielsko-Biała (43-300), ul. Leśna 19d, NIP (Tax ID): 9372219159, hereinafter referred to as DANCO.
3. Personal data collected by DANCO via the Online Store is processed 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 the GDPR.
4. DANCO takes special care to respect the privacy of Customers visiting the Online Store.
§ 1 Type of data processed, purposes, and legal basis
1. DANCO collects information regarding natural persons performing a legal act not directly related to their business activity, natural persons conducting business or professional activity in their own name, and natural persons representing legal persons or organizational units without legal personality that are granted legal capacity by law, conducting business or professional activity in their own name, hereinafter collectively referred to as Customers.
2. Customers' personal data is collected in the case of:
a) account registration in the Online Store, in order to create an individual account and manage this account. Legal basis: necessity for the performance of the Account service agreement (Art. 6(1)(b) GDPR);
b) placing an order in the Online Store, in order to perform the sales agreement. Legal basis: necessity for the performance of the sales agreement (Art. 6(1)(b) GDPR);
c) subscription to the newsletter, in order to perform the agreement the subject of which is the service provided electronically. Legal basis - consent of the data subject for the performance of the Newsletter service agreement (Art. 6(1)(a) GDPR);
d) using the post a review service, in order to perform the agreement the subject of which is the service provided electronically. Legal basis - necessity for the performance of the post a review service agreement (Art. 6(1)(b) GDPR).
3. In the case of account registration in the Online Store, the Customer provides:
a) e-mail address;
b) address data:
a. postal code and city/town;
b. country;
c. street along with house/apartment number;
d. province/region.
c) first and last name;
d) phone number.
4. During account registration in the Online Store, the Customer independently sets an individual access password for their account. The Customer may change the password at a later time, under the rules described in §7.
5. In the case of placing an order in the Online Store, the Customer provides the following data:
a) e-mail address;
b) address data:
a. postal code and city/town;
b. country;
c. street along with house/apartment number;
d. province/region.
c) first and last name;
d) phone number.
6. In the case of Entrepreneurs, the above scope of data is additionally extended by:
a) the Entrepreneur's company name;
b) NIP (Tax Identification Number).
7. In the case of using the Newsletter service, the Customer provides the following data:
a) e-mail address;
b) name;
c) gender.
8. In the case of using the post a review service, the Customer provides only their pseudonym, nickname, or name.
9. When using the Store's Website, additional information may be downloaded, in particular: the IP address assigned to the Customer's computer or the external IP address of the Internet provider, domain name, browser type, access time, operating system type.
10. Navigational data may also be collected from Customers, including information about links and references they decide to click on or other actions taken in our Online Store. Legal basis - legitimate interest (Art. 6(1)(f) GDPR), consisting of facilitating the use of services provided electronically and improving the functionality of these services.
11. In order to establish, investigate, and enforce claims, certain personal data provided by the Customer as part of using the functionality in the Online Store may be processed, such as: first name, last name, data regarding the use of services, if the claims result from the way the Customer uses the services, other data necessary to prove the existence of the claim, including the extent of the damage suffered. Legal basis - legitimate interest (Art. 6(1)(f) GDPR), consisting of the establishment, investigation, and enforcement of claims and defense against claims in proceedings before courts and other state authorities.
12. Provision of personal data to DANCO is voluntary, in connection with the sales agreements concluded or the provision of services via the Store's Website, with the reservation, however, that failure to provide the data specified in the forms during the Registration process prevents Registration and the creation of a Customer Account, and in the case of placing an order without Registering a Customer Account, it will prevent the submission and processing of the Customer's order.
§ 2 To whom data is shared or entrusted and how long it is stored?
1. The Customer's personal data is transferred to service providers used by DANCO in running the Online Store.
Service providers to whom personal data is transferred, depending on contractual arrangements and circumstances, are either subject to DANCO's instructions regarding the purposes and methods of processing this data (processors) or independently determine the purposes and methods of its processing (controllers).
a) Processors. DANCO uses suppliers who process personal data solely at DANCO's instruction. These include, among others, providers of hosting services, accounting services, marketing systems, systems for analyzing traffic in the Online Store, systems for analyzing the effectiveness of marketing campaigns;
b) Controllers. DANCO uses suppliers who do not act solely on instructions and determine the purposes and methods of using Customers' personal data themselves. They provide electronic payment and banking services.
2. Location. Service providers are based mainly in Poland and other countries of the European Economic Area (EEA).
3. Customers' personal data is stored:
a) In the case where the basis for personal data processing is consent, the Customer's personal data is processed by DANCO until the consent is revoked, and after the revocation of consent for a period corresponding to the limitation period for claims that DANCO may raise and that may be raised against it. Unless a specific provision states otherwise, the limitation period is ten years, and for claims for periodic benefits and claims related to conducting business activity - three years.
b) In the case where the basis for data processing is the performance of a contract, the Customer's personal data is processed by DANCO as long as it is necessary for the performance of the contract, and after that time for a period corresponding to the limitation period for claims. Unless a specific provision states otherwise, the limitation period is ten years, and for claims for periodic benefits and claims related to conducting business activity - three years.
4. In the case of making a purchase in the Online Store, personal data may be transferred, depending on the Customer's choice, to the following entities in order to deliver the ordered goods:
a) a courier company;
b) InPost Paczkomaty Sp. z o.o. with its registered office in Kraków, providing delivery services and operating the parcel locker system (Paczkomaty);
c) Poczta Polska S.A. with its registered office in Warsaw.
5. Navigational data may be used to provide Customers with better service, analyze statistical data, and adapt the Online Store to Customer preferences, as well as to administer the Online Store.
6. In the case where the Customer subscribes to the newsletter, DANCO will send electronic messages containing commercial information about promotions and new products available in the Online Store to their e-mail address.
7. In the case of a request, DANCO provides personal data to authorized state authorities, in particular organizational units of 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.
§ 3 Cookies mechanism, IP address
1. The Online Store uses small files called cookies. They are saved by DANCO on the end device of the person visiting the Online Store, if the web browser allows it. A cookie file usually contains the name of the domain from which it comes, its "expiration time," and an individual, randomly selected number identifying this file. Information collected using files of this type helps to adapt the products offered by DANCO to the individual preferences and real needs of people visiting the Online Store. They also provide the opportunity to develop general statistics of visits to the presented products in the Online Store.
2. DANCO uses two types of cookies:
a. Session cookies: after the end of a given browser session or turning off the computer, the saved information is deleted from the device's memory. The session cookies mechanism does not allow the downloading of any personal data or any confidential information from Customers' computers.
b. Persistent cookies: are stored in the memory of the Customer's end device and remain there until they are deleted or expire. The persistent cookies mechanism does not allow the downloading of any personal data or any confidential information from the Customers' computer.
3. DANCO uses its own cookies for the purpose of:
a. authenticating the Customer in the Online Store and ensuring the Customer's session in the Online Store (after logging in), thanks to which the Customer does not have to re-enter the login and password on every subpage of the Online Store;
b. analysis and research as well as viewership audit, and in particular to create anonymous statistics that help to understand how Customers use the Store's Website, which enables the improvement of its structure and content.
4. DANCO uses external cookies for the purpose of:
a. popularizing the Online Store using the social networking site facebook.com (external cookie administrator: Facebook Inc based in the USA or Facebook Ireland based in Ireland);
b. presenting on the Store's information pages a map indicating the location of the DANCO office, using the website maps.google.com (external cookie administrator: Google Inc based in the USA);
c. collecting general and anonymous static data via Google Analytics analytical tools (external cookie administrator: Google Inc based in the USA);
d. participation in the Ceneo Trusted Reviews program (external cookie administrator: Ceneo).
5. The cookie mechanism is safe for the computers of the Online Store Customers. In particular, it is not possible for viruses or other unwanted software or malware to enter Customers' computers this way. Nevertheless, in their browsers, Customers have the option to limit or disable cookie access to computers. If this option is used, use of the Online Store will be possible, except for functions that by their nature require cookies.
6. Below we present how to change the settings of popular web browsers regarding the use of cookies:
a) browser Internet Explorer;
b) browser Microsoft EDGE;
c) browser Mozilla Firefox;
d) browser Chrome;
e) browser Safari;
f) browser Opera.
7. DANCO may collect Customers' IP addresses. An IP address is a number assigned to the computer of a person visiting the Online Store by the internet service provider. The IP number allows access to the Internet. In most cases, it is assigned to the computer dynamically, i.e., it changes with each connection to the Internet and for this reason is commonly treated as non-personal identifying information. The IP address is used by DANCO when diagnosing technical problems with the server, creating statistical analyses (e.g., determining from which regions we record the most visits), as information useful in administering and improving the Online Store, as well as for security purposes and possible identification of unwanted automatic programs for browsing the content of the Online Store that burden the server.
8. The Online Store contains links and references to other websites. DANCO is not responsible for the privacy protection rules applicable to them.
§ 4 Rights of data subjects
1. Right to withdraw consent - legal basis: Art. 7(3) GDPR.
a) The Customer has the right to withdraw any consent granted to DANCO.
b) Withdrawal of consent takes effect from the moment of withdrawal.
c) Withdrawal of consent does not affect the processing carried out by DANCO in accordance with the law before its withdrawal.
d) Withdrawal of consent does not entail any negative consequences for the Customer, but it may prevent further use of services or functionalities that, according to the law, DANCO can only provide with consent.
2. Right to object to data processing - legal basis: Art. 21 GDPR.
a) The Customer has the right to object at any time - for reasons related to their particular situation - to the processing of their personal data, including profiling, if DANCO processes their data based on a legitimate interest, e.g., marketing of DANCO products and services, keeping statistics on the use of individual functionalities of the Online Store and facilitating the use of the Online Store, as well as satisfaction surveys.
b) Resignation in the form of an e-mail from receiving marketing communications regarding products or services will mean the Customer's objection to the processing of their personal data, including profiling for these purposes.
c) If the Customer's objection turns out to be justified and DANCO has no other legal basis for processing personal data, the Customer's personal data against the processing of which the Customer has objected will be deleted.
3. Right to erasure of data ("right to be forgotten") - legal basis: Art. 17 GDPR.
a. The Customer has the right to request the deletion of all or some personal data.
b. The Customer has the right to request the deletion of personal data if:
a) the personal data is no longer necessary for the purposes for which it was collected or processed;
b) they withdrew specific consent, to the extent that personal data was processed based on their consent;
c) they objected to the use of their data for marketing purposes;
d) personal data is processed unlawfully;
e) personal data must be deleted in order to comply with a legal obligation provided for in Union law or the law of the Member State to which DANCO is subject;
f) personal data was collected in connection with offering
information society services.
c. Despite the request to delete personal data, in connection with raising an objection or withdrawing consent, DANCO may retain certain personal data to the extent that processing is necessary to establish, investigate, or defend claims, as well as to comply with a legal obligation requiring processing under Union law or the law of the Member State to which DANCO is subject.
This applies in particular to personal data including: first name, last name, e-mail address, which data is retained for the purposes of handling complaints and claims related to the use of DANCO services, or additionally residence address/correspondence address, order number, which data is retained for the purposes of handling complaints and claims related to concluded sales agreements or the provision of services.
4. Right to restriction of data processing - legal basis: Art. 18 GDPR.
a) The Customer has the right to request the restriction of the processing of their personal data. Submitting a request, until it is considered, prevents the use of specific functionalities or services, the use of which will involve the processing of data covered by the request. DANCO will also not send any messages, including marketing ones.
b. The Customer has the right to request restriction of the use of personal data in the following cases:
a) when they question the correctness of their personal data – then DANCO limits their use for the time needed to check the correctness of the data, but no longer than for 7 days;
b) when data processing is unlawful, and instead of deleting data, the Customer requests restriction of their use;
c) when personal data has ceased to be necessary for the purposes for which it was collected or used but it is needed by the Customer to establish, investigate, or defend claims;
d) when they have objected to the use of their data – then the restriction occurs for the time needed to consider whether – due to the particular situation – the protection of the Customer's interests, rights, and freedoms overrides the interests pursued by the Administrator by processing the Customer's personal data.
5. Right of access to data - legal basis: Art. 15 GDPR.
a. The Customer has the right to obtain confirmation from the Administrator whether it processes personal data, and if this is the case, the Customer has the right to:
a) obtain access to their personal data;
b) obtain information about the purposes of processing, categories of personal data processed, about recipients or categories of recipients of this data, the planned period of storage of Customer data or criteria for determining this period (when determining the planned period of data processing is not possible), about the rights entitled to the Customer under the GDPR and about the right to lodge a complaint with a supervisory authority, about the source of this data, about automated decision-making, including profiling and about the safeguards used in connection with the transfer of this data outside the European Union;
c) obtain a copy of their personal data.
6. Right to rectification of data - legal basis: Art. 16 GDPR.
a) The Customer has the right to request from the Administrator immediate rectification of personal data concerning them that is incorrect. Taking into account the purposes of processing, the Customer whom the data concerns has the right to request the completion of incomplete personal data, including by providing an additional statement, directing the request to the e-mail address in accordance with §8 of the Privacy Policy.
7. Right to data portability - legal basis: Art. 20 GDPR.
a. The Customer has the right to receive their personal data that they provided to the Administrator, and then send it to another personal data controller of their choice. The Customer also has the right to request that personal data be sent by the Administrator directly to such a controller, as long as it is technically possible. In such a case, the Administrator will send the Customer's personal data in the form of a csv file, which is a commonly used, machine-readable format that allows the received data to be sent to another personal data controller.
8. In the event of the Customer exercising the entitlement resulting from the above rights, DANCO fulfills the request or refuses to fulfill it immediately, but no later than within one month of receiving it. However, if - due to the complicated nature of the request or the number of requests - DANCO cannot fulfill the request within a month, it will fulfill it within the next two months informing the Customer in advance within a month of receiving the request - about the intended extension of the deadline and its reasons.
9. The Customer may submit complaints, inquiries, and applications regarding the processing of their personal data and the exercise of their rights to the Administrator.
10. The Customer has the right to request DANCO to provide a copy of standard contractual clauses by directing an inquiry in the manner indicated in §8 of the Privacy Policy.
11. The Customer has the right to lodge a complaint with the President of the Personal Data Protection Office regarding the violation of their rights to personal data protection or other rights granted under the GDPR.
§ 5 Services tailored to preferences - profiling
1. Profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyze or predict aspects concerning that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location, or movements.
2. Customers' personal data may be processed in an automated manner (profiling), however, this will not produce any legal effects concerning them or similarly significantly affect the Customers' situation.
3. Profiling of personal data by DANCO consists of processing Customer data in an automated and manual manner, by using it to evaluate certain information about the Customer, in particular to analyze or predict their personal preferences and interests.
4. In order to reach the Customer with marketing messages via the Online Store Website, DANCO uses the services of external providers. These services consist of displaying marketing messages on the Online Store Websites. For this purpose, external providers install, for example, the appropriate code or pixel to download information about the Customer's activity on the Online Store Website. Details regarding the cookies used can be found in §4. Legal basis - legitimate interest (Art. 6(1)(f) GDPR), consisting of matching marketing messages to preferences and interests.
§ 6 Security management - password
1. DANCO provides Customers with a secure and encrypted connection when transmitting personal data and when logging into the Customer Account on the Website. DANCO uses an SSL certificate issued by one of the world's leading companies in the field of security and encryption of data transmitted over the Internet.
2. In the event that a Customer with an account in the Online Store has lost their access password in any way, the Online Store enables the generation of a new password. DANCO does not send a password reminder. The password is stored in an encrypted form, in a way that prevents it from being read. To generate a new password, please provide your e-mail address in the form available under the link "Forgot your password", provided next to the login form for the account in the Online Store. The Customer will receive an electronic message to the e-mail address provided during registration or saved in the last account profile change containing a redirection to a dedicated form available on the Store's Website, where the Customer will be able to set a new password.
3. DANCO never sends any correspondence, including electronic correspondence, requesting login details, and in particular the access password to the Customer's account.
Please direct questions related to the Privacy Policy to the address sklep@Najlepszeferomony.pl
