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Privacy policy

Privacy policy

Fundamentals of data processing

CONTENTS:

  1. GENERAL PROVISIONS

  2. Fundamentals of data processing

  3. Goal, basis and period of data processing in the online store

  4. Data recipients in the online store

  5. Profiling in the online store

  6. The rights of the data subject

  7. Cookies in the online store and analytics

  8. FINAL PROVISIONS

This document was prepared by lawyers of the Prokonsumencki.pl .

1. GENERAL PROVISIONS

1.1. This online store privacy policy is informative, which means that it is not a source of obligations for customers or online store customers. The Privacy Policy contains primarily the rules for the processing of personal data by the Administrator in the Online Store, including basics, goals and scope of personal data processing and the rights of data subjects, as well as information in the field of use in the online store of cookies and analytical tools.

1.2. The administrator of personal data collected through the Online Store is Emil Czopiński conducting business activity under Breathe Emil Czopiński entered in the Central Register and Information on Economic Activity of the Republic of Poland kept by the Minister competent for economy, having: address of the place of performance and address for service: ul . Janinówka 9/198, 03-562 Warsaw, NIP 537-220-49-19, REGON 060503326, e-mail address: kontakt@breathemejewelry.com Contact telephone number: 500789204 and a number hereinafter referred to Seller.

1.3. Personal data in the Online Store is processed by the Administrator in accordance with applicable law, in particular in accordance with the Regulation of the European Parliament and of the Council (EU) 2016/679 of 27 April 2016 on the protection of natural persons in connection with the processing of personal data and in case free flow 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%3A32016r0679

1.4. Using the online store, including shopping, is voluntary. Similarly related to this provision of personal data by the using the Online Store, the Service Recipient or Customer is voluntary, subject to two exceptions: (1) concluding contracts with the Administrator - failure to be in cases and in cases indicated on the website of the Online Store and in the regulations of the Online Store and this Privacy Policy personal data necessary to conclude and perform the sales contract or contract for the provision of electronic services with the administrator results in the inability to conclude that contract. In this case, providing personal data is a contractual requirement and if the person who relates to the data wants to conclude a given contract with the Administrator, he is obliged to provide the required data. Each time the scope of data required to conclude the contract is previously indicated on the online store's website and in the Online Store Regulations; (2) statutory obligations of the Administrator - providing personal data is a statutory requirement arising from the generally applicable law imposing on the Administrator the obligation to process personal data (e.g. data processing in order to keep tax or accounting books) and the lack of providing them will prevent the administrator from performing these obligations.

1.5. The administrator makes special care to protect the interests of the persons to whom the personal data he processes, and in particular is responsible and ensures that the data he collects is: (1) processed in accordance with the law; (2) collected for marked, lawful goals and not subject to further processing incompatible with these purposes; (3) substantively correct and adequate in relation to the goals for which they are processed; (4) stored in a form enabling the identification of the persons they relate to, no longer than it is necessary to achieve the purpose of processing and (5) processed in a way that ensures adequate security of personal data, including protection against unauthorized or unlawful processing and accidental loss, destruction or damage, using appropriate technical or organizational means.

1.6. Taking into account the nature, scope, context and goals of processing, as well as the risk of violating the rights or freedoms of natural persons with varying probability and weight of danger, the administrator implements appropriate technical and organizational measures so that the processing takes place in accordance with this ordinance and to be able to show it. These funds are subjected to inspection and updated if necessary. The administrator uses technical means to prevent the acquisition and modification by unauthorized persons, personal data sent electronically.

1.7. All words, expressions and acronyts occurring in this Privacy Policy and starting with a capital letter (e.g. Seller, Online Store, Electronic Service) should be understood in accordance with their definition contained in the Online Store Regulations available on the online store's website.

2. Basics of data processing

2.1. The Administrator is entitled to process personal data in cases where - in the extent in which at least one of the following conditions is met: (1) the data subject has agreed to the processing of their personal data in one or more specific purposes ; (2) The processing is necessary to perform the contract to which the data subject is a party, or to take action at the request of the data subject, before the conclusion of the contract; (3) processing is necessary to fulfill the legal obligation incumbent on the administrator; or (4) Processing is necessary for the purposes arising from legitimate interests pursued by the Administrator or by the third party, except for situations in which the interests or basic rights and freedoms of the data subject, requiring the protection of personal data have the superior nature or the basic rights and freedoms of these interests , in particular when the data subject is a child.

2.2. The processing of personal data by the Administrator requires each time at least one of the foundations indicated in point 2.1 Privacy Policy. Specific foundations for the processing of personal data of the Service Recipients and clients of the Online Store by the Administrator are indicated in the next point of the Privacy Policy - in relation to the purpose of the purpose of processing personal data by the Administrator.

3. Target, basis and period of data processing in the online store

3.1. Each time the purpose, basis and period and the recipient of personal data processed by the Administrator results from the actions taken by a given recipient or client in the online store or by the Administrator. For example, if the customer decides to make purchases in the online store and select the personal pickup of the purchased product instead of courier, his personal data will be processed for the purpose of the concluded sales contract, but they will no longer be made available to the carrier performing the shipment at the request of the Administrator. 

3.2. The administrator may process personal data as part of the Online Store for the following purposes, on the basics, and in the periods indicated in the table below:

Data processing purpose

Legal basis for data processing

Data storage period

Performance of a sales contract or contract for the provision of electronic services or taking action at the request of the data subject, before concluding the aforementioned contracts

Article 6 para. 1 lit. b) of the GDPR Regulation (performance of the contract) - the processing is necessary to perform the contract to which the data subject is, or to take actions at the request of the data subject, before the conclusion of the contract

The data is stored for the period necessary for the performance, termination or expiry of the concluded sales contract or contract for the provision of electronic services.

Direct marketing

Article 6 para. 1 lit. f) Regulation of the GDPR (legitimate interest of the Administrator) - processing is necessary for the purposes arising from the legitimate interests of the Administrator - consisting in taking care of the interests and good image of the administrator, his online store and the pursuit of the sale of products

The data is stored for the period of existence of a legitimate interest pursued by the Administrator, but no longer than over the limitation period for the administrator's claims in relation to the data subject, due to the administrator of business activity. The limitation period is determined by law, in particular the Civil Code (the basic limitation period for claims related to conducting business activity is three years, and for the sales contract two years).

The administrator may not process data for direct marketing in the event of an effective opposition in this respect by the data subject.

Marketing

Article 6 para. 1 lit. a) Regulation of the GDPR (consent) - the data subject has agreed to the processing of their personal data for marketing purposes by the Administrator

The data is stored until the consent is withdrawn by the data subject for further processing of his data for this purpose.

Expressing an opinion by the customer about the concluded sales contract

Article 6 para. 1 lit. a) the regulation of the data subject to the processing of their personal data in order to express the opinion

The data is stored until the consent is withdrawn by the data subject for further processing of his data for this purpose.

Keeping accounting books

Article 6 para. 1 lit. c) Regulation of the GDPR in joke. 86 § 1 of the Tax Code, i.e. of 17 January 2017 (Journal of Laws of 2017, item 201) or art. 74 para. 2 of the Accounting Act, i.e. of 30 January 2018 (Journal of Laws of 2018, item 395) - the processing is necessary to fulfill the legal obligation on the administrator;

The data is stored for the period required by law ordering the Administrator to store tax books (until the limitation period for the tax liability expires, unless tax laws provide otherwise) or accounting (5 years from the beginning of the year following the financial year to which the data relate).

Determining, pursuing or defending claims that the administrator may raise or what may be raised against the administrator

Article 6 para. 1 lit. f) Regulation of the GDPR (legitimate interest of the Administrator) - the processing is necessary for the purposes arising from the legitimate interests of the Administrator - consisting in determining, investigating or defending claims may be raised by the administrator or what may be raised against the administrator

The data is stored for the period of the legitimate interest pursued by the Administrator, but no longer than for the limitation period for claims that may be raised against the administrator (the basic limitation period for claims against the administrator is six years).

Using the online store website and ensuring its proper operation

Article 6 para. 1 lit. f) Regulation of the GDPR (legitimate interest of the Administrator) - processing is necessary for the purposes arising from the legitimate interests of the Administrator - consisting in running and maintaining the website of the Online Store

The data is stored for the period of existence of a legitimate interest pursued by the Administrator, but no longer than over the limitation period for the administrator's claims in relation to the data subject, due to the administrator of business activity. The limitation period is determined by law, in particular the Civil Code (the basic limitation period for claims related to conducting business activity is three years, and for the sales contract two years).

Statistics and traffic analysis in the online store

Article 6 para. 1 lit. f) Regulation of the GDPR (legitimate interest of the Administrator) - processing is necessary for the purposes arising from the legitimate interests of the Administrator - consisting in conducting statistics and analysis of traffic in the online store to improve the functioning of the online store and increase the sale of products

The data is stored for the period of existence of a legitimate interest pursued by the Administrator, but no longer than over the limitation period for the administrator's claims in relation to the data subject, due to the administrator of business activity. The limitation period is determined by law, in particular the Civil Code (the basic limitation period for claims related to conducting business activity is three years, and for the sales contract two years).

4. Data recipients in the online store

4.1. For the proper functioning of the Online Store, including for the implementation of concluded sales contracts, it is necessary for the Administrator to use the services of external entities (such as a software supplier, courier or payment service). The administrator only uses the services of such processing entities who provide sufficient guarantees of implementing appropriate technical and organizational measures, so that the processing meets the requirements of the regulation of the GDPR and protects the rights of data subjects.

4.2. Data transfer by the Administrator does not take place in any case and not to all recipients or categories indicated in the Privacy Policy - the Administrator only transfers data if it is necessary to achieve the purpose of the processing of personal data and only to the extent necessary for its implementation. For example, if the customer uses personal acceptance, his data will not be transferred to the carrier cooperating with the administrator.

4.3. Personal data of the Service Recipients and Online Store customers may be transferred to the following recipients or categories of recipients:

4.3.1. Carriers / forwarders / Kurierscy brokers / entities serving the warehouse and / or shipping process - in the case of a customer who uses in the online store with the method of delivery by postal or courier, the administrator provides the collected personal data of the customer to the customer, a freight forwarder or an intermediary who performs shipments. Administrator's order, and if the shipment takes place from an external warehouse - the entity serving the warehouse and/or the shipping process - to the extent necessary to complete the product delivery to the customer ..

4.3.2. Entities serving electronic payments or a payment card - in the case of a customer who uses in the online store with the method of electronic payment or by payment card, the Administrator provides the collected personal data of the Customer to the selected entity serving the above payments in the online store commissioned by the Administrator to the extent necessary to serve the payment made by the Customer .

4.3.3. Entities loaning / lessor - in the case of a customer who uses in the online store with the method of payment in the installment system or leasing payment, the Administrator provides the collected personal data of the Customer with a selected lender or lessor serving the above payments in the online store on request to the Administrator to serve the payment made by the payment made by Client.

4.3.4. suppliers of the survey system - in the case of a customer who agreed to express an opinion on the concluded sales contract, the Administrator provides the collected personal data of the Customer to the selected entity providing the system of surveys surveys. help the system of opinions.

4.3.5. Service providers supplying the Administrator with technical, IT and organizational solutions, enabling the administrator to conduct business activity, including the Online Store and the electronic services provided through him (in particular the computer software provider to run the online store, e -mail and hosting provider, and management software provider Company and providing technical support to the Administrator) - the Administrator provides the collected personal data of the Customer to the selected supplier operating on his behalf only in the case and to the extent necessary to achieve a given purpose of data processing in accordance with this Privacy Policy.

4.3.6. providers of accounting, legal and advisory service providing the administrator with accounting, legal or advisory support (in particular the accounting office, law firm or debt collection company) - the administrator provides the collected personal data of the customer's personal data to the selected supplier acting on his order only in the case and to the extent necessary to implement the given the purpose of data processing in accordance with this Privacy Policy.

4.3.7. Suppliers placed on the website of the online store of social plugins, scripts and other similar tools enabling a browser of the person visiting the Online Store website downloading from suppliers of the above -mentioned plugins (e.g. logging in using the login data to the social network) and to provide personal data of the visitor , including:

4.3.7.1. Facebook Ireland Ltd. - The Administrator uses on the Online Store's website from social networks Facebook (e.g. the Like!, Share button to Facebook Ireland Ltd. (4 Grand Canal Square, Grand Canal Harbor, Dublin 2 Ireland) in the scope and in accordance with the privacy rules available here: https://www.facebook.com/about/privacy/ (these data include information about activities On the online store's website - including information about the device, visited sites, shopping, displayed ads and how to use services - regardless of whether the recipient has a Facebook account and whether he is logged in to Facebook).

5. Profiling in the online store

5.1. The GDPR Regulation imposes on the Administrator the obligation to inform about automated decision making, including the profiling referred to in art. 22 para. 1 and 4 of the Regulation of the GDPR, and - at least in these cases - important information about the principles of their undertaking, as well as the importance and expected consequences of such processing for the data subject. With this in mind, the Administrator provides the Privacy Policy in this point. Information on possible profiling.

5.2. The administrator may use in the online store to profile for direct marketing purposes, but decisions made on its basis by the Administrator do not apply to the conclusion or refusal to conclude a sales contract 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 discount to a person, sending his discount code, reminding of unfinished purchases, sending a product proposal that may correspond to the interests or preferences of a person, or to propose better conditions compared to the standard offer of the online store . Despite the profiling, the person makes the decision freely whether he will want to take advantage of the discount received in this way or better conditions and make a purchase in the online store.

5.3. Profiling in the online store consists of automatic analysis or forecast of the person's behavior on the online store website, e.g. by adding a specific product to the basket, browsing the website of a specific product in the online store, or by analyzing the current history of purchases made in the online store. The condition for such profiling is the administrator's personal data to have a person in order to then be able to send them, e.g. a rebate 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 has legal effects to that person or in a similar way significantly affects it.

6. The rights of the data subject

6.1. The right to access, rectify, limit, delete or transfer - the data subject has the right to request access to his personal data, rectifying them, deleting them ("right to be forgotten") or restrictions on processing and has the right to object to an objection to processing, and also has the right to transfer his data. Detailed conditions for exercising the above -mentioned rights are indicated in art. 15-21 of the GDPR Regulation.

6.2. The right to withdraw consent at any time - a person whose data is processed by the Administrator on the basis of the consent (pursuant to Article 6 (1) letter a) or art. 9 para. 2 lit. a) regulation of the GDPR), it has the right to withdraw consent at any time without affecting the lawfulness of the processing, which was carried out on the basis of consent before its withdrawal.

6.3. The right to lodge a complaint to the supervisory authority - a person whose data is processed by the Administrator has the right to lodge a complaint to the supervisory authority in the manner and procedure specified in the provisions of the Regulation of the GDPR and Polish law, in particular the Act on the protection of personal data. The supervisory body in Poland is the President of the Office for Personal Data Protection.

6.4. The right to objection - the data subject has the right to object at any time - for reasons related to his special situation - in the face of processing regarding his personal data based on art. 6 para. 1 lit. e) (interest or public tasks) or f) (legitimate interest of the administrator), including profiling on the basis of these provisions. In this case, the administrator must no longer be processed by this personal data, unless he demonstrates the existence of valid legitimate grounds for processing, superior to the interests, rights and freedoms of the data subject, or grounds for determining, investigating or defending claims.

6.5. The right to opposition regarding direct marketing - if personal data is processed for the purposes of direct marketing, the data subject has the right to object to the processing regarding his personal data for the purposes of such marketing, including profiling, in the scope, in any time. which processing is associated with such direct marketing.

6.6. In order to exercise the rights referred to in this Privacy Policy point, you can contact the Administrator by sending an appropriate message by in writing or by e -mail to the Administrator's address indicated at the beginning of the Privacy Policy or using the contact form available on the online store's website.

7. Cookies in the online store and analytics

7.1. Cookies (cookies) are small text 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 disk of the computer, laptop, or on the smartphone memory card - depending on which device it uses Visitors to our online store). Detailed information on cookies, as well as the history of their creation can be found, among others Here: https://pl.wikipedia.org/wiki/http_cookie.

7.2. Cookies that can be sent by the online store website can be divided into different types, according to the following criteria:

Due to their supplier:

1) own (created by the Administrator's online store website) and

2) belonging to persons/third parties (other than the Administrator)

Due to their storage period on the device visiting the online store website:

1) session (stored until you log out from the online store or exclude a web browser) and

2) fixed (stored for a specified time, defined by the parameters of each file or until manual removal)

Due to the purpose of their use:

1) necessary (enabling the proper functioning of the online store website),

2) functional/preferential (enabling the adaptation of the online store's website to the preferences of the person visiting the website),

3) analytical and performance (gathering information on how to use the online store website),

4) marketing, advertising and social (collecting information about the person visiting the online store website to display this person personalized ads and conduct other marketing activities, including on websites separate from the online store's website, such as social networks

7.3. The administrator may process the data contained in cookies when using visitors from the Online Store website for the following specific purposes:

Objectives using cookies in the Administrator's online store

Identification of Service Recipients as logged in to the online store and showing that they are logged in (necessary cookies)

remembering products added to the basket to place an order (necessary cookies)

remembering data from completed order forms, surveys or login data to the Online Store (Cookies necessary and/or functional/preferential)

adapting the content of the online store's website to the individual preferences of the Service Recipient (e.g. regarding colors, font size, page layout) and optimization of the use of the online store (functional/preferential cookies)

conducting anonymous statistics showing how the online store is used (statistical cookies)

remarketing, this is, researching the behavior of visitors to the online store by anonymous analysis of their actions (e.g. repeated visits to specific pages, keywords, etc.) in order to create their profile and provide them with ads tailored to their predicted interests, also when they visit them Other websites in the Google Ireland Ltd. and Facebook Ireland Ltd. advertising network (cookies marketing, advertising and social)

7.4. Checking in the most popular web browsers, what cookies (including the period of functioning of cookies and their supplier) are sent at a given moment by the online store website is possible as follows:

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 "Admitted" or "blocked" tab, (3) Click the field "Tracking cookies between websites", "Elements tracking social networking sites" or "content with tracking elements"

In Internet Explorer browser:
(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 Pole "View files"

In the Opera browser:
(1) In the address bar, click on the padlock icon on the left, (2) Go to the "Cookies" tab.

In Safari browser:
(1) Click the "Preferences" menu, (2) Go to the "Privacy" tab, (3) Click on the "Manage Site" field

Regardless of the browser, using the tools available e.g. at: https://www.cookemetrix.com/ or: https://www.cookie-checker.com/

7.5. By default, most of the browsers available on the market by default accept saving cookies. Everyone has the ability to determine the conditions for using cookies using your own browser settings. This means that you can, for example, partially limit (e.g. temporarily) or completely disable the possibility of saving cookies - in the latter case, however, this may affect some of the online store functionalities (for example, it may be impossible to pass the order path via the order form due to the order form due to the order form for non -memory of products in the basket during the next steps to place the order).

7.6. Web browser settings in the field of cookies are relevant from the point of view of consent to the use of cookies by our online store - in accordance with the regulations, such consent can also be expressed by setting a web browser. Detailed information on changing the settings for cookies and their independent deletion in the most popular web browsers is available in the web aid department and on the following pages (just click on a given link):

in the Chrome browser

in the Firefox browser

in the Internet Explorer browser

in the Opera browser

in Safari browser

in the Microsoft Edge browser

7.7. The administrator can use in the online store from Google Analytics, Universal Analytics provided by Google Ireland Limited (Gordon House, Barrow Street, Dublin 4, Ireland). These services help the administrator to conduct statistics and analyze traffic in the online store. The collected data are processed as part of the above services to generate statistics helpful in administering the online store and analyzing traffic in the online store. These data are collective. The administrator, using the above services in the online store, collects data such as sources and medium of acquiring visitors to the online store and the way they are preserved on the online store's website, information on devices and browsers from which they visit the website, IP and domain, geographical data and demographic data (age , gender) and interests.

7.8. It is possible to easily block by a given person to provide Google Analytics information about his activity on the online store's website - for this purpose, for example, you can install a browser supplement made available by Google Ireland Ltd. Available here: https://tools.google. com/dlpage/gaoptout? Hl = pl.

7.9. The administrator can use in the online store from the Facebook pixel service provided by Facebook Ireland Limited (4 Grand Canal Square, Grand Canal Harbor, Dublin 2, Ireland). This service helps the administrator measure the effectiveness of advertising and find out what actions visitors to the online store take, as well as display adapted ads to these people. Detailed information about the operation of the Facebook pixel can be found at the following internet address: https://www.facebook.com/business/help/742478679120153?helpref=page_content.

7.10. Managing the operation of a Facebook pixel is possible by setting advertisements in your account on Facebook.com: https://www.facebook.com/ads/preeferenties/?entry_product=AD_Settings_screen.

8. Final provisions

8.1. The online store may contain links to other websites. The administrator urges you to read the privacy policy set up there after switching to other sites. This privacy policy applies only to the Administrator's online store.

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