- This Privacy Policy sets out the rules for the processing of personal data obtained through the online store maciekkondera.com (hereinafter referred to as: the „Online Store”).
- The owner of the Online Store and at the same time the data administrator is Maciej Kondera based in Krakow (31-910), os. Na Skarpie 35/3, NIP: 6842383364, hereinafter referred to as Maciej Kondera.
- Personal data collected by Maciej Kondera via the Online Store are processed in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals 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), also known as GDPR.
- Maciej Kondera takes special care to respect the privacy of customers visiting the Online Store.
§ 1 Type of data processed, purposes and legal basis
- Maciej Kondera collects information on natural persons who perform legal transactions not directly related to their business, natural persons conducting business or professional activity on their own behalf and natural persons representing legal persons or organizational units that are not legal persons, to which the law grants legal capacity, hereinafter jointly referred to as Clients.
- Customers’ personal data is collected in the case of:
- account registration in the Online Store in order to create an individual account and manage this account. Legal basis: necessity to perform the contract for the provision of the Account service (Article 6 (1) (b) of the GDPR);
- placing an order in the Online Store in order to perform the sales contract. Legal basis: necessity to perform the sales contract (Article 6 (1) (b) of the GDPR);
- subscribing to the newsletter (Newsletter) in order to perform the contract the subject of which is the service provided electronically. Legal basis – consent of the data subject to perform the contract for the provision of the Newsletter service (Article 6 (1) (a) of the GDPR);
- using the contact form service in the Online Store to perform the contract provided electronically. Legal basis: necessity to perform the contract for the provision of the contact form service (Article 6 (1) (b) of the GDPR);
- using the service, post an opinion in order to perform the contract the subject of which is a service provided electronically. Legal basis – necessity to perform the service contract, submit your opinion (Article 6 (1) (b) of the GDPR).
- When placing an order in the Online Store, the Customer provides the following data:
- e-mail adress;
- address data:
- post code and city;
- country (state);
- street with house / flat number;
- voivodeship.
- first name and last name;
- Phone number.
- In the case of Entrepreneurs, the above scope of data is additionally extended by:
- Entrepreneurs company;
- number nip.
- In the case of using the Newsletter service, the Customer only provides his e-mail address
- 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, type of operating system.
- Navigational data may also be collected from customers, including information about links and references in which they decide to click or other activities undertaken in the Online Store. Legal basis – a legitimate interest (Article 6 (1) (f) of the GDPR), consisting in facilitating the use of electronic services and improving the functionality of these services.
- In order to determine, investigate and enforce claims, some personal data provided by the Customer may be processed as part of using the functionality in the Online Store, such as: name, surname, data regarding the use of services, if the claims result from the manner in which the Customer uses the services , other data necessary to prove the existence of the claim, including the extent of the damage suffered. Legal basis – a legitimate interest (Article 6 (1) (f) of the GDPR), consisting in establishing, pursuing and enforcing claims and defending against claims in proceedings before courts and other state authorities.
- The transfer of personal data to Maciej Kondera is voluntary, in connection with the concluded sales contracts or the provision of services via the Store’s Website, with the proviso that failure to provide the data specified in the forms in the Registration process prevents Registration and setting up a Customer Account, and in the case of placing an order without registering the Customer Account will prevent the submission and implementation of the Customer’s order.
§ 2 Who is the data shared or entrusted to and how long it is stored
- The Customer’s personal data is provided to service providers used by Maciej Kondera when running the Online Store. Service providers to whom personal data are transferred, depending on contractual arrangements and circumstances, or are subject to the instructions of Maciej Keder as to the purposes and methods of data processing (processors) or independently define the purposes and methods of their processing (administrators).
- Processors. Maciej Kondera uses suppliers who process personal data only at the request of Maciej Kondera. They include, among others providers providing hosting services, accounting services, providing marketing systems, systems for analyzing traffic in the Online Store, systems for analyzing the effectiveness of marketing campaigns;
- Administrators. Maciej Kondera uses suppliers who do not act solely on the instructions and set the goals and methods of using customers’ personal data on their own. They provide electronic payment and banking services.
- Location. Service providers are based in Poland and other countries of the European Economic Area (EEA).
- Customers’ personal data is stored:
- If the basis for the processing of personal data is consent, the Customer’s personal data are processed by Maciej Kondera until the consent is revoked, and after the consent is revoked for a period of time corresponding to the period of limitation of claims that may be raised by Maciej Kondera and which may be raised against him. Unless a special provision provides otherwise, the limitation period is six years, and for claims for periodic benefits and claims related to running a business – three years.
- If the basis for data processing is the performance of the contract, then the Customer’s personal data is processed by Maciej Kondera as long as it is necessary to perform the contract, and after that time for a period corresponding to the period of limitation of claims. Unless a special provision provides otherwise, the limitation period is six years, and for claims for periodic benefits and claims related to running a business – three years.
- In the event of 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 courier company;
- the company InPost Paczkomaty Sp. z o.o. based in Krakow, providing delivery and service of the post office box system (Paczkomaty).
- If the Customer selects payment via the tPay system, his personal data is transferred to the extent necessary for the payment to be made to Krajowy Integrator Płatności S.A. with headquarters in Poznań (61-808), at ul. St. Marcina 73/6, entered into the Register of Entrepreneurs kept by the District Court Poznań – Nowe Miasto and Wilda in Poznań, IX Commercial Division of the National Court Register under the number KRS 0000412357.
- The navigation data may be used to provide customers with better service, statistical data analysis and adaptation of the Online Store to Customer preferences, as well as to administer the Online Store.
- If the Customer subscribes to the newsletter (Newsletter), Maciej Kondera will send electronic messages to his e-mail address containing commercial information about promotions and new products available in the Online Store.
- In the event of a request, Maciej Kondera provides personal data to authorized state authorities, in particular to organizational units of the prosecutor’s office, the Police, the President of the Office for Personal Data Protection, the President of the Office of Competition and Consumer Protection or the President of the Office of Electronic Communications.
§ 3 Cookie mechanism, IP address
- The Online Store uses small files called cookies. They are saved by Maciej Kondera 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 it comes from, its „expiry time” and an individual, randomly selected number identifying this file. Information collected using this type of files helps to adjust the products offered by Maciej Kondera to the individual preferences and real needs of visitors to the Online Store. They also enable the development of general statistics of visits to the presented products in the Online Store.
- Maciej Kondera uses two types of cookies:
- Session cookies: after the browser session ends or the computer is turned off, the saved information is deleted from the device’s memory. The mechanism of session cookies does not allow the collection of any personal data or any confidential information from clients’ computers.
- Persistent cookies: they are stored in the memory of the Customer’s end device and remain there until they are deleted or expired. The persistent cookies mechanism does not allow the collection of any personal data or any confidential information from the clients’ computer.
- Maciej Kondera uses his own cookies for the purpose of:
- Customer authentication 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 each subpage of the Online Store;
- analysis and research as well as audience audit, and in particular to create anonymous statistics that help to understand how Customers use the Store’s Website, which allows improving its structure and content.
- Maciej Kondera uses external cookies for the purpose of:
- popularizing the Online Store using the facebook.com social network (external cookie administrator: Facebook Inc. based in the USA or Facebook Ireland based in Ireland);
- collecting general and anonymous static data via Google Analytics analytical tools (external cookie administrator: Google Inc., based in the USA);
- presenting advertisements tailored to the Customer’s preferences using the Google AdSense online advertising tool (external cookie administrator: Google Inc based in the USA);
- 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 malicious software to enter the Customers’ computers in this way. However, in their browsers, customers have the option to limit or disable the access of cookies to computers. If you use this option, the use of the Online Store will be possible, except for functions that, by their nature, require cookies.
- Below we present how you can change the settings of popular web browsers in the use of cookies:
- in the Chrome browser
- in the Firefox browser
- in the Internet Explorer browser
- in the Opera browser
- in the Safari browser
- Maciej Kondera may collect IP addresses of clients. An IP address is a number assigned to the computer of a visitor to the Online Store by an internet service provider. The IP number allows access to the Internet. In most cases, it is assigned dynamically to the computer, i.e. it changes every time you connect to the Internet. The IP address is used by Maciej Kondera when diagnosing technical problems with the server, creating statistical analyzes (e.g. determining from which regions we receive the most visits), as information useful in administering and improving the Online Store, as well as for security purposes and possible identification of server loads , unwanted automatic programs for browsing the content of the Online Store.
- The Online Store contains links and references to other websites. Maciej Kondera is not responsible for the privacy protection rules applicable to them.
§ 4 Rights of data subjects
- The right to withdraw consent – legal basis: art. 7 sec. 3 GDPR:
- The customer has the right to withdraw any consent given by Maciej Kondera;
- withdrawal of consent takes effect from the moment of withdrawal of consent;
- withdrawal of consent does not affect the processing carried out by Maciej Kondera in accordance with the law before its withdrawal;
- withdrawal of consent does not entail any negative consequences for the Customer, but may prevent further use of services or functionalities that, in accordance with the law, Maciej Kondera may only provide with consent.
- The right to object to data processing – legal basis: art. 21 GDPR:
- The customer has the right to object at any time – for reasons related to his particular situation – to the processing of his personal data, including profiling, if Maciej Kondera processes his data based on a legitimate interest, e.g. marketing of Maciej Kondera products and services, statistics on the use of individual functionalities of the Online Store and facilitating the use of the Online Store, as well as a satisfaction survey;
- resignation in the form of an e-mail from receiving marketing messages regarding products or services will mean the Customer’s objection to the processing of his personal data, including profiling for these purposes;
- if the Customer’s objection turns out to be justified and Maciej Kondera has no other legal basis to process personal data, the Customer’s personal data will be deleted, the processing of which has been objected by the Customer.
- The right to delete data („the right to be forgotten”) – legal basis: art. 17 GDPR:
- The customer has the right to request the deletion of all or some personal data;
- The customer has the right to request the deletion of personal data if:
- personal data are no longer necessary for the purposes for which they were collected or processed;
- he withdrew his specific consent to the extent to which personal data were processed based on his consent;
- he objected to the use of his data for marketing purposes;
- personal data is processed unlawfully;
- personal data must be removed in order to comply with the legal obligation provided for in EU law or the law of the Member State to which Maciej Kondera is subject;
- the personal data has been collected in relation to the offering of information society services;
- despite the request to delete personal data, in connection with the objection or withdrawal of consent, Maciej Kondera may retain certain personal data to the extent that processing is necessary to establish, assert or defend claims, as well as to fulfill a legal obligation requiring processing pursuant to EU law or the law of a Member State to which Maciej Kondera is subject. This applies in particular to personal data including: name, surname, e-mail address, which data are kept for the purpose of considering complaints and claims related to the use of Maciej Kondera services, or additionally the address of residence / correspondence address, order number, which is the data is stored for the purpose of considering complaints and claims related to concluded sales contracts or the provision of services.
- The right to limit data processing – legal basis: art. 18 GDPR:
- The customer has the right to demand that the processing of his personal data be restricted. Submitting a request, pending its consideration, prevents the use of certain functionalities or services, the use of which will involve the processing of data covered by the request. Maciej Kondera will not send any messages, including marketing ones;
- The customer has the right to request the restriction of the use of personal data in the following cases:
- when he questions the correctness of his personal data – then Maciej Kondera limits their use for the time needed to verify the correctness of the data, but no longer than for 7 days;
- when the processing of data is unlawful, and instead of deleting the data, the Customer will request the restriction of their use;
- when personal data are no longer necessary for the purposes for which they were collected or used, but they are needed by the Customer to establish, assert or defend claims;
- when he has objected to the use of his data – then the restriction takes place for the time needed to consider whether – due to the special situation – the protection of the interests, rights and freedoms of the client outweighs the interests that the Administrator performs when processing the client’s personal data.
- The right to access data – legal basis: art. 15 GDPR:
- The Customer has the right to obtain confirmation from the Administrator whether he processes personal data, and if this is the case, the Customer has the right to:
- access your personal data;
- obtain information about the purposes of processing, categories of personal data processed, recipients or categories of recipients of these data, the planned period of storage of the Customer’s data or the criteria for determining this period (when it is not possible to determine the planned period of data processing), about the rights of the Customer under the GDPR and about the right to lodge a complaint with the supervisory authority, about the source of this data, about automated decision-making, including profiling, and about the security measures applied in connection with the transfer of this data outside the European Union;
- obtain a copy of your personal data.
- The right to rectify data – legal basis: art. 16 GDPR. The customer has the right to request the Administrator to immediately correct his personal data that is incorrect. Taking into account the purposes of processing, the data subject has the right to request supplementing incomplete personal data, including by submitting an additional statement, directing the request to the e-mail address in accordance with §6 of the Privacy Policy.
- The right to data portability – legal basis: art. 20 GDPR. The customer has the right to receive his personal data, which he provided to the Administrator, and then send them to another personal data administrator of his choice. The customer also has the right to request that personal data be sent by the Administrator directly to such an administrator, if technically possible. In this 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 administrator.
- In the event of the Customer having the right resulting from the above rights, Maciej Kondera fulfills the request or refuses to comply with it immediately, but not later than within one month after receiving it. However, if – due to the complexity of the request or the number of requests – Maciej Kondera will not be able to meet the request within a month, he will meet it within the next two months, informing the Customer within one month of receiving the request – about the intended extension and its reasons.
- The customer may submit complaints, inquiries and requests to the Administrator regarding the processing of his personal data and the exercise of his rights.
- The customer has the right to request Maciej Keder to provide copies of standard contractual clauses by directing the inquiry in the manner indicated in §6 of the Privacy Policy.
- The customer has the right to lodge a complaint with the President of the Personal Data Protection Office regarding the violation of his rights to the protection of personal data or other rights granted under the GDPR.
§ 5 Changes to the Privacy Policy
- The Privacy Policy may change, about which Maciej Kondera will inform customers 7 days in advance.
- Please send any questions related to the Privacy Policy via the contact form on the Website.
- Date of the last modification: 02/09/2022