Privacy policy
PRIVACY
ONLINE STORE UPGR8BOWLING.PL
TABLE OF CONTENTS:
- GENERAL
- BASIS FOR DATA PROCESSING
- PURPOSE, BASIS AND PERIOD OF DATA PROCESSING IN THE ONLINE SHOP
- RECIPIENTS OF DATA IN THE ONLINE SHOP
- PROFILING IN THE ONLINE STORE
- RIGHTS OF THE DATA SUBJECT
- COOKIES IN THE ONLINE STORE AND ANALYTICS
- FINAL PROVISIONS
1. GENERAL PROVISIONS
1.1. This privacy policy of the Online Shop is for informational purposes only, which means that it is not a source of obligations for the Service Recipients or Customers of the Online Shop. The Privacy Policy contains, first of all, the rules regarding the processing of personal data by the Administrator in the Online Store, including the basis, purposes and period of personal data processing and the rights of data subjects, as well as information on the use of Cookies and analytical tools in the Online Store.
1.2. The administrator of personal data collected through the Online Store are partners conducting joint business activity on the basis of the articles of association of a civil partnership under the name of PRO-MILL S.C. (address of the place of business and address for service: Portowa 1f, 85-757 Bydgoszcz), NIP of a civil law partnership 9532640590, REGON of a civil law partnership 341486429, e-mail address: [email protected], i.e.:
TOMASZ GRZECA conducting business activity under the business name PRZEDSIĘBIORSTWO USŁUGOWO - HANDLOWE TOMASZ GRZECA (address of the place of business: 1f Portowa Street, 85-757 Bydgoszcz) entered into the Central Registration and Information on Business of the Republic of Poland kept by the minister competent for economy, NIP 5542739856, REGON 341478973;
PRZEMYSŁAW GAWEŁ conducting business activity under the name of PRZEDSIĘBIORSTWO USŁUGOWO - HANDLOWE PRZEMYSŁAW GAWEŁ (address of the place of business: Portowa 1f, 85-757 Bydgoszcz) entered into the Central Registration and Information on Business of the Republic of Poland kept by the minister competent for economy, NIP 9532481720, REGON 341478915
– hereinafter referred to as the "Administrator" and being at the same time the Service Provider of the Online Store and the Seller.
1.3. Personal data in the Online Shop are processed by the Controller in accordance with applicable law, 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 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 " GDPR " or the " GDPR Regulation ". The official text of the GDPR Regulation: http://eur-lex.europa.eu/legal-content/PL/TXT/?uri=CELEX%3A32016R0679
1.4. The use of the Online Store, including making purchases, is voluntary. Similarly, the provision of personal data by the Service Recipient or Customer using the Online Shop is voluntary, subject to two exceptions: (1) concluding agreements with the Controller – failure to provide, in the cases and to the extent indicated on the Online Shop website and in the Online Shop Terms and Conditions and this privacy policy, personal data necessary to conclude and perform the Sales Contract or the Electronic Service Contract with The Administrator results in the inability to conclude this agreement. In such a case, the provision of personal data is a contractual requirement and if the data subject wants to conclude a given contract with the Administrator, he or she is obliged to provide the required data. Each time, the scope of data required to conclude the agreement is previously indicated on the website of the Online Store and in the Terms and Conditions of the Online Store; (2) statutory obligations of the Controller – providing personal data is a statutory requirement resulting from generally applicable provisions of law imposing on the Administrator the obligation to process personal data (e.g. processing data for the purpose of keeping tax or accounting books) and failure to provide them will prevent the Administrator from performing these obligations.
1.5. The Administrator takes special care to protect the interests of persons to whom the personal data processed by him relates, and in particular is responsible and ensures that the data collected by him are: (1) processed in accordance with the law; (2) collected for specified, lawful purposes and not subjected to further processing incompatible with those purposes; (3) factually correct and adequate in relation to the purposes for which they are processed; (4) stored in a form that allows identification of the data subjects, no longer than it is necessary to achieve the purpose of processing, and (5) processed in a manner that ensures adequate security of personal data , w including protection against unauthorized or unlawful z prawem processing , and przypadkową accidental loss, destruction or damage, by appropriate technical or organisational measures.
1.6. Taking into account the nature, scope, context and purposes of processing as well as the risk of violation of the rights and freedoms of natural persons of varying probability and severity, the Controller implements appropriate technical and organizational measures to ensure that the processing is carried out in accordance with this Regulation and to be able to demonstrate it. These measures are reviewed and updated if necessary. The Administrator uses technical measures to prevent unauthorized persons from obtaining and modifying personal data sent electronically.
1.7. All words, phrases and acronyms appearing in this privacy policy and beginning with a capital letter (e.g. Seller , Online Store , Electronic Service ) should be understood in accordance with their definition contained in the Terms and Conditions of the Online Store available on the Online Store's website.
2. BASIS FOR DATA PROCESSING
2.1. The Controller is entitled to process personal data in cases where – and to the extent that – at least one of the following conditions is met: (1) the data subject has consented to the processing of his or her personal data for one or more specific purposes; (2) processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract; (3) processing is necessary for compliance with a legal obligation to which the Controller is subject; or (4) processing is necessary for the purposes of the legitimate interests pursued by the Controller or by a third party, except where those 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.
2.2. The processing of personal data by the Controller each time requires the occurrence of at least one of the grounds indicated in point 2.1 of the privacy policy. Specific grounds for the processing of personal data of Service Recipients and Customers of the Online Store by the Administrator are indicated in the next section of the privacy policy – in relation to the given purpose of personal data processing by the Administrator.
3. PURPOSE, BASIS AND PERIOD OF DATA PROCESSING IN THE ONLINE STORE
3.1. Each time, the purpose, basis and period as well as the recipients of personal data processed by the Controller result from the actions taken by a given Service Recipient or Customer in the Online Shop or by the Controller.
3.2. The Controller may process personal data within the Online Shop for the following purposes, on the basis and in the periods indicated in the table below:
Purpose of data processing |
Legal basis for data processing |
Data retention period |
Performance of the Sales Agreement or the contract for the provision of Electronic Services or taking action at the request of the data subject prior to the conclusion of the above-mentioned agreements |
Article 6(1)(b) GDPR (performance of a contract) – processing is necessary for the performance of a contract to which the data subject is a party or to take steps at the request of the data subject prior to entering into a contract
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The data is stored for the period necessary to perform, terminate or otherwise expire the concluded Sales Agreement or the Electronic Service Agreement. |
Direct marketing |
Article 6(1)(f) GDPR Regulation (legitimate interest of the Administrator) – processing is necessary for the purposes resulting from the legitimate interests of the Administrator – consisting in taking care of the interests and good image of the Administrator, its Online Store and striving to sell Products
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The data is 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 business activity conducted by the Administrator. The limitation period is determined by the provisions of law, in particular the Civil Code (the basic limitation period for claims related to business activity is three years, and for the Sales Agreement two years). The Administrator may not process data for the purpose of direct marketing in the event of an effective objection in this respect by the data subject. |
Marketing |
Article 6(1)(a) GDPR Regulation (consent) – the data subject has consented to the processing of their personal data for marketing purposes by the Controller
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The data is stored until the data subject withdraws his consent to further processing of his or her data for this purpose. |
Expressing the Client's opinion on the concluded Sales Contract |
Article 6(1)(a) GDPR – the data subject has consented to the processing of their personal data for the purpose of providing an opinion
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The data is stored until the data subject withdraws his consent to further processing of his or her data for this purpose. |
Keeping tax books |
Article 6(1)(c) GDPR Regulation in connection with Article 86 § 1 of the Tax Ordinance, i.e. of 17 January 2017 (Journal of Laws of 2017, item 201, as amended) – processing is necessary to comply with a legal obligation to which the Administrator is subject
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The data is stored for the period required by law requiring the Administrator to keep tax books (until the expiry of the limitation period for the tax liability, unless tax laws provide otherwise). |
Determination, investigation or defence of claims that may be raised by the Administrator or that may be raised against the Administrator |
Article 6(1)(f) GDPR Regulation (legitimate interest of the Administrator) – processing is necessary for the purposes resulting from the legitimate interests of the Administrator – consisting in the determination, investigation or defense of claims that may be raised by the Administrator or that may be raised against the Administrator
|
The data is stored for the period of existence of the legitimate interest pursued by the Administrator, but not 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). |
Using the Online Store's website and ensuring its proper operation |
Article 6(1)(f) GDPR Regulation (legitimate interest of the Administrator) – processing is necessary for the purposes resulting from the legitimate interests of the Administrator – consisting in running and maintaining the Online Store's website |
The data is 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 business activity conducted by the Administrator. The limitation period is determined by the provisions of law, in particular the Civil Code (the basic limitation period for claims related to business activity is three years, and for the Sales Agreement two years). |
Keeping statistics and analysis of traffic in the Online Store |
Article 6(1)(f) GDPR Regulation (legitimate interest of the Administrator) – processing is necessary for the purposes resulting from the legitimate interests of the Administrator – consisting in keeping statistics and analyzing traffic in the Online Store in order to improve the functioning of the Online Store and increase the sales of Products |
The data is 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 business activity conducted by the Administrator. The limitation period is determined by the provisions of law, in particular the Civil Code (the basic limitation period for claims related to business activity is three years, and for the Sales Agreement two years). |
4. RECIPIENTS OF DATA IN THE ONLINE SHOP
4.1. For the proper functioning of the Online Store, including the performance of the concluded Sales Contracts, it is necessary for the Administrator to use the services of external entities (such as e.g. a software provider, courier or payment service provider). The Controller uses only the services of such processors who provide sufficient guarantees for the implementation of appropriate technical and organisational measures so that the processing meets the requirements of the GDPR Regulation and protects the rights of data subjects.
4.2. Personal data may be transferred by the Controller to a third country, whereby the Controller ensures that in such a case it will take place in relation to a country ensuring an adequate level of protection – in accordance with the GDPR Regulation, and in the case of other countries that the transfer will take place on the basis of standard data protection clauses. The Administrator ensures that the data subject has the opportunity to obtain a copy of his or her data. The Administrator transfers the collected personal data 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. The transfer of data by the Controller does not take place in every case and not to all recipients or categories of recipients indicated in the privacy policy – the Controller transfers data only when it is necessary to achieve a given purpose of personal data processing and only to the extent necessary to achieve it.
4.4. Personal data of Service Recipients and Customers of the Online Store may be transferred to the following recipients or categories of recipients:
4.4.2. entities handling electronic payments or payment cards – in the case of a Customer who uses electronic payments or payment cards in the Online Shop, the Controller makes the collected Customer's personal data available to the selected entity handling the above payments in the Online Shop at the request of the Controller to the extent necessary to handle the payment made by the Customer.
4.4.3. service providers supplying the Controller with technical, IT and organisational solutions, enabling the Controller to conduct business activity, including the Online Shop and the Electronic Services provided through it (in particular computer software providers for running the Online Shop, e-mail and hosting providers and software providers for company management and providing assistance technical data to the Administrator) – the Administrator makes the collected personal data of the Customer available to the selected provider operating to their order only in the case and to the extent necessary to achieve a given purpose of data processing in accordance with this privacy policy.
4.4.4. providers of accounting, legal and consulting services providing the Controller with accounting, legal or advisory support (in particular an accounting office, law firm or debt collection company) – the Controller makes the collected personal data of the Client available to the selected provider operating to their order only in the case and to the extent necessary to achieve a given purpose of data processing in accordance with this privacy policy.
4.4.5.1.Meta Platforms Ireland Ltd. – The Controller uses Facebook social plugins on the Online Shop (e.g. the Like button, Share button or logging in using Facebook login details) and therefore collects and makes available the personal data of the Service Recipient using the Online Shop to Meta Platforms Ireland Ltd. (4 Grand Canal Square, Grand Canal Harbour, Dublin 2 Ireland) to the extent and in accordance with the privacy principles available here: https://www.facebook.com/about/privacy/ (this data includes information about activities on the Online Shop website – including information about the device, websites visited, purchases, displayed advertisements and how the services are used – regardless of whether the Service Recipient has a Facebook account and is logged in to Facebook).
5. PROFILING IN THE ONLINE STORE
5.1. The GDPR Regulation imposes on the Controller the obligation to inform about automated decision-making, including profiling, referred to in Article 22(1) and (4) of the GDPR Regulation, and – at least in these cases – material information about the principles of such decision-making, as well as about the significance and expected consequences of such processing for the data subject. With this in mind, the Controller provides information on possible profiling in this section of the privacy policy.
5.2. The Controller may use profiling in the Online Shop for direct marketing purposes, but the decisions made on its basis by the Controller do not concern the conclusion or refusal to conclude a Sales Contract or the possibility of using Electronic Services in the Online Shop. The effect of using profiling in the Online Store may be, for example, granting a given person a discount, sending them a discount code, reminding them of unfinished purchases, sending a Product proposal that may correspond to the interests or preferences of a given person, or proposing better conditions compared to the standard offer of the Online Store. Despite profiling, it is the person who freely decides whether they 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 Shop consists in an automatic analysis or forecast of the behaviour of a given person on the website of the Online Shop, e.g. by adding a specific Product to the cart, browsing the page of a specific Product in the Online Shop or by analysing the history of purchases made in the Online Shop. The condition for such profiling is that the Administrator has personal data of a given person in order to be able to send him/her, for example, a discount code.
5.4.The data subject has the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him/her.
6.DATA SUBJECT RIGHTS
6.1. Right of access, rectification, restriction, deletion or portability – the data subject has the right to request from the Controller access to their personal data, rectification, deletion ("right to be forgotten") or restriction of processing, and has the right to object to the processing, as well as the right to transfer their data. Detailed conditions for exercising the above-mentioned rights are set out in Articles 15-21 of the GDPR Regulation.
6.2. The right to withdraw consent at any time – a person whose data is processed by the Controller on the basis of consent (pursuant to Article 6(1)(a) or Article 9(2)(a) of the GDPR Regulation), has the right to withdraw consent at any time without affecting the lawfulness of the processing that was carried out on the basis of consent before its withdrawal.
6.3. The right to lodge a complaint with the supervisory authority – the person whose data is processed by the Controller has the right to lodge a complaint with the supervisory authority in the manner and mode specified in the provisions of the GDPR Regulation and the Polish law, in particular the Act on the protection of personal data. The supervisory authority in Poland is the President of the Office for Personal Data Protection.
6.4. Right to object – the data subject has the right to object at any time – on grounds related 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 is no longer allowed to process such personal data, unless it demonstrates the existence of compelling legitimate grounds for the processing, overriding the interests, rights and freedoms of the data subject, or grounds for the establishment, exercise or defence of claims.
6.5. Right to object to direct marketing – if personal data is 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 him or her for the purposes of such marketing, including profiling, to the extent that the processing is related to such direct marketing.
6.6. In order to exercise the rights referred to in this section of the privacy policy, the Controller may be contacted by sending an appropriate message in writing or by e-mail to the Controller's address indicated at the beginning of the privacy policy or by using the contact form available on the Online Shop website.
7.COOKIES IN THE ONLINE STORE AND ANALYTICS
7.1. 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 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 Online Shop). 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 may be sent by the Online Store website can be divided into different types, according to the following criteria:
By their supplier :
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Due to their storage period on the device of the person visiting the Online Store :
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By the purpose of their use :
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7.3. The Controller may process the data contained in Cookies when visitors use the Online Shop website for the following specific purposes:
Purposes of using Cookies in the Controller's Online Store |
identification of Service Recipients as logged in to the Online Shop and showing that they are logged in (necessary Cookies) |
remember the Products added to the cart in order to place an Order (necessary Cookies) |
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remembering data from completed Order Forms, surveys or login details to the Online Store (necessary and/or functional/preferential Cookies) |
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adjusting the content of the Online Shop to the individual preferences of the Service Recipient (e.g. regarding colours, font size, page layout) and optimising the use of the Online Shop websites (functional/preference cookies) |
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keeping anonymous statistics showing the manner of using the Online Shop website (analytical and performance cookies) |
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displaying and rendering advertisements, limiting the number of advertisements displayed and ignoring advertisements that the Service Recipient does not want to see, measuring the effectiveness of advertisements, as well as personalization of advertisements, i.e. examining the characteristics of the behaviour of visitors to the Online Shop through anonymous analysis of their activities (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 Facebook, i.e. Meta Platforms Ireland Ltd. (marketing, advertising and social cookies) |
7.4. Checking in the most popular web browsers which Cookies (including the period of Cookies and their provider) are sent at a given time by the Online Shop is possible in the following way:
In Chrome : |
In Firefox : |
In Internet Explorer : |
In Opera Browser : |
in Safari : |
Regardless of the browser, using tools available e.g. on the website : https://www.cookiemetrix.com/ or:https://www.cookie-checker.com/ https://www.cookie-checker.com/ |