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The administrator of the personal data collected via the Internet Shop is BAGSTAR.PL SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ SPÓŁKA KOMANDYTOWA with its registered office in Marki (registered office and delivery address: ul. Okólna 45, 05-270 Marki); entered in the Register of Entrepreneurs of the National Court Register under KRS No. 0000825540; the register court where the company's documentation is kept: District Court for the Capital City of Warsaw in Warsaw, XIV Economic Division of the National Court Register; NIP: 5242897166; REGON: 385424977, e-mail address: [email protected] and [email protected], contact telephone number: /22/ 424 33 93 and fax number: /22/ 266 89 08 - hereinafter referred to as the "Administrator" and being at the same time the Service Provider of the Internet Shop and the Seller.
Personal data in the Online Shop are processed by the Administrator in accordance with the applicable legal provisions, in particular 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 in relation 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 "RODO" or "RODO Regulation". Official text of the RODO Regulation: http://eur-lex.europa.eu
The controller shall take particular care to protect the interests of the persons whose personal data it processes and in particular shall be responsible and ensure that the data it collects are: (1) processed lawfully; (2) collected for specified, legitimate purposes and not subjected to further processing incompatible with those purposes; (3) substantively correct and adequate in relation to the purposes for which they are processed; (4) kept in a form which permits identification of data subjects for no longer than is necessary to achieve the purpose of the processing; and (5) processed in a manner which ensures appropriate security of personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, by means of appropriate technical or organisational measures.
Taking into account the nature, scope, context and purposes of the processing and the risk of violation of the rights or freedoms of natural persons of varying probability and seriousness, the Administrator shall implement appropriate technical and organisational measures to ensure that the processing is carried out in accordance with the RODO Regulation and to be able to demonstrate this. These measures shall be reviewed and updated as necessary. The Administrator shall apply technical measures to prevent the acquisition and modification by unauthorised persons of personal data transmitted electronically.
The controller is entitled to process personal data where, and to the extent that, one or more of the following conditions are met: (1) the data subject has given his or her consent to the processing of his or her personal data for one or more specified purposes; (2) the processing is necessary for the performance of a contract to which the data subject is party or to take steps at the request of the data subject prior to entering into a contract; (3) the processing is necessary for compliance with a legal obligation incumbent on the Controller; or (4) processing is necessary for the purposes of the legitimate interests pursued by the Controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.
In each case, the purpose, basis and period and recipients of the personal data processed by the Administrator result from the activities undertaken by the respective Customer or Client in the Online Shop or by the Administrator. For example, if a Customer decides to make a purchase from the Online Shop and chooses personal collection of the purchased Product instead of courier delivery, his/her personal data will be processed for the purpose of performing the concluded Sales Agreement, but will no longer be made available to the carrier performing the delivery on behalf of the Administrator.
The Administrator may process personal data within the Online Shop for the following purposes, on the grounds and for the periods indicated in the table below:
|Purpose of data processing||Legal basis for data processing||Data retention period|
|Performing a Sales Contract or an agreement for the provision of an Electronic Service or taking action at the request of the data subject prior to entering into the aforementioned contracts||Article 6(1)(b) of the RODO Regulation (performance of a contract) - processing is necessary for the performance of a contract to which the data subject is party or to take steps at the request of the data subject prior to entering into a contract||The data shall be stored for the period of time necessary for the performance, termination or otherwise expiry of the concluded Sales Agreement or Electronic Service Agreement.|
|Direct marketing||Article 6(1)(f) of the RODO Regulation (legitimate interest of the Administrator) - the processing is necessary for purposes deriving from the Administrator's legitimate interests - consisting of looking after the interests and good image of the Administrator, its Online Shop and aiming to sell Products||The data shall be stored for the period of existence of the legitimate interest pursued by the Administrator, but no longer than for the period of limitation of the Administrator's claims against the data subject on account of the Administrator's business activities. The period of limitation shall be determined by the provisions of law, in particular the Civil Code (the basic limitation period for claims related to business activities is three years, and for the Sales Agreement it is two years). The Administrator may not process data for the purpose of direct marketing in the event of an effective objection to this effect by the data subject.|
|Marketing||Article 6(1)(a) of the RODO Regulation (consent) - the data subject has consented to the processing of his/her personal data for marketing purposes by the Controller||The data is stored until the data subject withdraws his or her consent to further processing for this purpose.|
|Bookkeeping||Article 6(1)(c) of the RODO Regulation in conjunction with Article 74(2) of the Accounting Act, i.e. of 30 January 2018. (Journal of Laws of 2018, item 395 as amended) - processing is necessary to fulfil a legal obligation incumbent on the Administrator||The data is retained for the period required by the law requiring the Administrator to keep the accounts (5 years, calculated from the beginning of the year following the financial year to which the data relates).|
|Establishing, asserting or defending claims which the Administrator may assert or which may be asserted against the Administrator||Article 6(1)(f) of the RODO Regulation (legitimate interest of the Administrator) - processing is necessary for the purposes of the Administrator's legitimate interests - consisting of establishing, asserting or defending claims which the Administrator may raise or which may be raised against the Administrator||The data shall be stored for the period of existence of the legitimate interest pursued by the Administrator, but no longer than for the period of limitation of claims that may be raised against the Administrator (the basic limitation period for claims against the Administrator is six years).|
|Use of the website of the Online Shop and ensuring its proper functioning||Article 6(1)(f) of the RODO Regulation (legitimate interest of the Administrator) - processing is necessary for the purposes of the Administrator's legitimate interests - consisting of the operation and maintenance of the Online Shop website||The data shall be stored for the period of existence of the legitimate interest pursued by the Administrator, but no longer than for the period of limitation of the Administrator's claims against the data subject on account of the Administrator's business activities. The period of limitation shall be determined by the provisions of law, in particular the Civil Code (the basic limitation period for claims related to business activities is three years, and for the Sales Agreement it is two years).|
|Keeping statistics and analysing traffic in the Online Shop||Article 6(1)(f) of the RODO Regulation (legitimate interest of the Administrator) - processing is necessary for the purposes deriving from the Administrator's legitimate interests - consisting of conducting statistics and analysis of traffic in the Online Shop in order to improve the functioning of the Online Shop and increase sales of Products||The data shall be stored for the period of existence of the legitimate interest pursued by the Administrator, but no longer than for the period of limitation of the Administrator's claims against the data subject on account of the Administrator's business activities. The period of limitation shall be determined by the provisions of law, in particular the Civil Code (the basic limitation period for claims related to business activities is three years, and for the Sales Agreement it is two years).|
For the proper functioning of the Online Store, including for the performance of concluded Sales Agreements, it is necessary for the Administrator to use the services of external entities (such as a software provider, courier or payment processor). The Administrator shall only use the services of such processors who provide sufficient guarantees of the implementation of appropriate technical and organisational measures so that the processing meets the requirements of the RODO Regulation and protects the rights of the data subjects.
The personal data of Service Recipients and Customers of the Online Shop may be communicated to the following recipients or categories of recipients:
carriers / forwarders / courier brokers / entities handling the warehouse and/or dispatch process - in the case of a Customer who uses the Online Shop's method of Product delivery by post or courier, the Administrator shall make the collected personal data of the Customer available to the selected carrier, forwarder or intermediary performing the shipment on behalf of the Administrator, and if the shipment is made from an external warehouse - to the entity handling the warehouse and/or dispatch process - to the extent necessary to complete the delivery of the Product to the Customer.
entities handling electronic or credit card payments - in the case of a Customer who uses the electronic or credit card payment method in the Internet Shop, the Administrator shall make the collected personal data of the Customer available to a selected entity handling the aforementioned payments in the Internet Shop on the order of the Administrator to the extent necessary to handle the payment made by the Customer.
providers of social plug-ins, scripts and other similar tools placed on the website of the Online Shop which enable the browser of the person visiting the website of the Online Shop to download content from the providers of the said plug-ins (e.g. logging in using the login data of a social network) and to transmit the personal data of the visitor to these providers for this purpose, including:
The Administrator may use profiling on the Online Store for direct marketing purposes, but the decisions made on its basis by the Administrator do not concern the conclusion or refusal of a Sales Agreement or the possibility of using Electronic Services on the Online Store. The effect of the use of profiling in the Online Shop may be, for example, to grant a person a discount, send him/her a discount code, remind him/her of unfinished purchases, send him/her a proposal of a Product that may correspond to the person's interests or preferences or offer better conditions compared to the standard offer of the Online Shop. Despite the profiling, it is up to the individual to decide freely whether they want to take advantage of the discount or better conditions received in this way and make a purchase from the Online Shop.
Profiling in the Online Shop involves the automatic analysis or prediction of a person's behaviour on the website of the Online Shop, e.g. by adding a specific Product to the basket, browsing the page of a specific Product in the Online Shop or by analysing the previous history of purchases made in the Online Shop. The condition for such profiling is that the Administrator is in possession of the person's personal data in order to be able to subsequently send the person, for example, a discount code.
The data subject has the right not to be subject to a decision which is based solely on automated processing, including profiling, and which produces legal effects on the data subject or similarly significantly affects the data subject.
Right of access, rectification, restriction, erasure or portability - The data subject has the right to request from the Controller access to his/her personal data, rectification, erasure ("right to be forgotten") or restriction of processing, and has the right to object to processing, and has the right to portability of his/her data. The detailed conditions for exercising the rights indicated above are indicated in Articles 15-21 of the RODO Regulation.
Right to withdraw consent at any time - a person whose data is processed by the Controller on the basis of expressed consent (pursuant to Article 6(1)(a) or Article 9(2)(a) of the RODO Regulation) has the right to withdraw consent at any time without affecting the lawfulness of the processing carried out on the basis of consent before its withdrawal.
Right to lodge a complaint to the supervisory authority - the person whose data is processed by the Controller has the right to lodge a complaint to the supervisory authority in the manner and mode specified in the provisions of the RODO Regulation and Polish law, in particular the Personal Data Protection Act. The supervisory authority in Poland is the President of the Office for Personal Data Protection.
Right to object - The data subject has the right to object at any time - on grounds relating to his or her particular situation - to the processing of personal data concerning him or her based on Article 6(1)(e) (public interest or tasks) or (f) (legitimate interest of the controller), including profiling on the basis of these provisions. In such a case, the controller shall no longer be allowed to process these personal data unless the controller can demonstrate the existence of compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or grounds for the establishment, exercise or defence of claims.
Right to object to direct marketing - where personal data are processed for the purposes of direct marketing, the data subject has the right to object at any time to the processing of personal data concerning them for such marketing, including profiling, to the extent that the processing is related to such direct marketing.
Cookies are small pieces of information in the form of text files which are sent by a server and stored on the website of the Internet Shop (e.g. on the hard drive of a computer, laptop or smartphone memory card - depending on the device used by the visitor to our Internet Shop). Detailed information on cookies, as well as the history of their creation can be found, inter alia, here: https://pl.wikipedia.org/wiki/HTTP_cookie.
The cookies that may be sent by the website of the Online Shop can be divided into different types, according to the following criteria:
|Because of their supplier:||Due to their storage period on the device of the person visiting the website of the Online Shop:||Due to the purpose of their use:|
|1) their own (created by the Administrator's online shop website) and||1) session (stored until you log out of the Online Shop or switch off your web browser) and||1) necessary (to enable the proper functioning of the Online Shop website),|
|2) belonging to third parties (other than the Administrator)||2) permanent (stored for a specific period of time, defined by the parameters of each file or until manually deleted)||2) functional/preferential (enabling the web page of the Internet Shop to be adapted to the preferences of the site visitor),|
|3) analytical and performance analysis (gathering information on how the website of the Online Shop is used),|
|4) marketing, advertising and social media (collecting information about the person visiting the site of the Internet Shop for the purpose of displaying advertisements to that person, personalising them, measuring their effectiveness and conducting other marketing activities, including on websites separate from the site of the Internet Shop, such as social networks or other sites belonging to the same advertising networks as the Internet Shop)|
The Administrator may process the data contained in Cookies when visitors use the website of the Online Shop for the following specific purposes:
|Purposes of using cookies in the Administrator's Online Shop|
|identify customers as logged in to the Online Shop and show that they are logged in (essential cookies)|
|remembering the Products you have added to your shopping basket for the purpose of placing an Order (cookies required)|
|storing data from completed Order Forms, surveys or login data for the Online Shop (essential and/or functional/preference cookies)|
|adapting the content of the website of the Internet Shop to the individual preferences of the Customer (e.g. as regards colours, font size, page layout) and optimising the use of the pages of the Internet Shop (functional/preference cookies)|
|keep anonymous statistics showing how the website of the Internet Shop is used (analytical and performance cookies)|
|to display and render advertisements, to limit the number of times advertisements are displayed and to ignore advertisements which the Customer does not wish to see, to measure the effectiveness of advertisements, and to personalise advertisements, i.e. to study the behavioural characteristics of visitors to the Online Shop through anonymous analysis of their actions (e.g. repeated visits to specific pages, keywords, etc.) in order to create their profile and provide them with advertisements tailored to their anticipated interests, also when they visit other websites in the advertising network of Google Ireland Ltd. and Meta Platforms Ireland Ltd. (marketing, advertising and social media cookies)|
It is possible to check in the most popular web browsers which cookies (including the duration of the cookies and their provider) are being sent at any given time by the website of the Online Shop 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 "Allowed" or "Blocked" tab, (3) click on the box "Tracking cookies between sites", "Social media tracking elements" or "Content with tracking elements"||In Internet Explorer: (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 the "View Files" box|
|In the Opera browser: (1) in the address bar, click on the padlock icon on the left, (2) go to the "Cookies" tab.||In the Safari browser: (1) click on the "Preferences" menu, (2) go to the "Privacy" tab, (3) click on the "Manage site data" box||Regardless of the browser, using the tools available, for example, at:https://www.cookiemetrix.com/ or: https://www.cookie-checker.com/"|
The Administrator may use Google Analytics, Universal Analytics services provided by Google Ireland Limited (Gordon House, Barrow Street, Dublin 4, Ireland) on the Online Shop. These services help the Administrator keep statistics and analyse traffic on the Online Shop. The data collected is processed by the above services to generate statistics to help administer the Online Shop and analyse traffic on the Online Shop. This data is of an aggregate nature. When using the above services in the Internet Shop, the Administrator collects such data as the source and medium of obtaining visitors to the Internet Shop and their behaviour on the website of the Internet Shop, information on the devices and browsers from which they visit the website, IP and domain, geographical data and demographic data (age, gender) and interests.
It is possible for a person to easily block the release of information to Google Analytics about his or her activity on the website of the Online Shop - for this purpose, you can, for example, install a browser add-on provided by Google Ireland Ltd. available here: https://tools.google.com/dlpage/gaoptout?hl=pl.