1. GENERAL PROVISIONS
1.1. This Online Store Privacy Policy is for informational purposes only, meaning it does not constitute a source of obligations for Service Users or Customers of the Online Store. The Privacy Policy primarily contains rules regarding the processing of personal data by the Administrator in the Online Store, including the basis, purposes, and duration of personal data processing and the rights of data subjects, as well as information regarding the use of cookies and analytical tools in the Online Store.
1.2. The controller of personal data collected via the Online Store is ZaQanna with its registered office at ul. Rakietowa 29a, 54-615 Wrocław, entered into the Register of Entrepreneurs under the KRS number NIP 9291619848, hereinafter referred to as the "Controller" and being both the Service Provider of the Online Store and the Seller.
1.3. Personal data in the Online Store 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 "GDPR Regulation". Official text of the GDPR: http://eur-lex.europa.eu/legal-content/PL/TXT/?uri=CELEX%3A32016R0679
1.4. Using the Online Store, including making purchases, is voluntary. Similarly, providing personal data by the Service User or Customer using the Online Store is voluntary, subject to two exceptions: (1) entering into contracts with the Controller – failure to provide the personal data required for the conclusion and performance of the Sales Agreement or contract for the provision of Electronic Services with the Controller in the cases and to the extent indicated on the Online Store website and in the Online Store Terms and Conditions and this Privacy Policy will result in the inability to enter into the contract. Providing personal data is a contractual requirement in such a case, and if the data subject wishes to enter into a contract with the Controller, they are obligated to provide the required data. In each case, the scope of data required to conclude the contract is previously specified on the Online Store website and in the Online Store Terms and Conditions; (2) statutory obligations of the Administrator – providing personal data is a statutory requirement resulting from generally applicable legal provisions 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 fulfilling these obligations.
1.5. The Controller takes special care to protect the interests of the persons whose personal data it processes, and in particular is responsible for and ensures that the data it collects are: (1) processed in accordance with the law; (2) collected for specified, legitimate purposes and not subject to further processing incompatible with these purposes; (3) factually correct and adequate in relation to the purposes for which they are processed; (4) stored in a form which allows identification of the persons to whom they relate, no longer than is necessary to achieve the purpose of processing, and (5) processed in a way that ensures appropriate security of personal data, including protection against unauthorized or unlawful processing and accidental loss, destruction or damage, using appropriate technical or organizational measures.
1.6. Taking into account the nature, scope, context, and purposes of processing, as well as the risk of varying likelihood and severity of violations of the rights and freedoms of natural persons, the Controller implements appropriate technical and organizational measures to ensure that processing is carried out in accordance with this Regulation and to be able to demonstrate this. These measures are reviewed and updated as necessary. The Controller implements technical measures to prevent unauthorized access and modification of personal data transmitted electronically.
1.7. All words, expressions 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 definitions contained in the Online Store Regulations available on the Online Store website.
2. BASICS OF DATA PROCESSING
2.1. The Controller is authorized 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 a 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 such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require the protection of personal data, in particular when the data subject is a child. 2.2. The processing of personal data by the Controller shall always require the existence of at least one of the grounds indicated in point
2.1. Privacy Policy. The specific basis for processing the personal data of Service Users and Customers of the Online Store by the Administrator is indicated in the next section of the privacy policy – in relation to the specific 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, period, and recipient of personal data processed by the Controller result from actions taken by a given Service User or Customer in the Online Store or by the Controller. For example, if a Customer decides to make a purchase in the Online Store and chooses personal pickup of the purchased Product instead of courier delivery, their personal data will be processed for the purpose of fulfilling the concluded Sales Agreement, but will no longer be shared with the carrier carrying out shipments on behalf of the Controller.
3.2. The Administrator may process personal data within the Online Store for the following purposes, on the basis and during the periods indicated in the table below:
Purpose of data processing Legal basis for data processing Data storage period Execution of the Sales Agreement or the contract for the provision of Electronic Services or taking action at the request of the data subject before concluding the above-mentioned contracts.
Article 6(1)(b) of the 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. Data is stored for the period necessary for the performance, termination, or otherwise expiration of the concluded Sales Agreement or contract for the provision of Electronic Services. Direct marketing
Article 6(1)(f) of the GDPR Regulation (legitimate interest of the controller) – processing is necessary for the purposes of the Controller's legitimate interests – which consist in protecting the interests and good image of the Controller, its Online Store, and striving to sell Products. Data is stored for the duration of the legitimate interest pursued by the Controller, but no longer than the limitation period for the Controller's claims against the data subject arising from the Controller's business activities. The limitation period is specified by law, in particular the Civil Code (the basic limitation period for claims related to business activities is three years, and for sales contracts – two years). The Controller may not process data for direct marketing purposes if the data subject effectively objects to this. Marketing
Article 6(1)(a) of the GDPR Regulation (consent) – the data subject has consented to the processing of their personal data for marketing purposes by the Controller. The data is stored until the data subject withdraws consent to further processing of their data for this purpose. Customer's expression of opinion on the concluded Sales Agreement
Article 6(1)(a) of the GDPR Regulation - the data subject has consented to the processing of their personal data for the purpose of expressing an opinion. The data is stored until the data subject withdraws consent to further processing of their data for this purpose. Tax bookkeeping
Article 6 paragraph 1 letter c) of the GDPR Regulation in connection with Article 86 § 1 of the Tax Ordinance Act, i.e. of 17 January 2017 (Journal of Laws of 2017, item 201) – processing is necessary to fulfil a legal obligation incumbent on the Controller. The data is stored for the period required by law requiring the Controller to store tax books (until the expiry of the limitation period for the tax liability, unless tax laws provide otherwise). Establishing, pursuing or defending claims that the Controller may raise or that may be raised against the Controller.
Article 6(1)(f) of the GDPR Regulation (legitimate interest of the controller) – processing is necessary for the purposes of the Controller's legitimate interests, which consist in establishing, pursuing, or defending claims that may be raised by the Controller or that may be raised against the Controller. Data is stored for the duration of the legitimate interest pursued by the Controller, but no longer than the limitation period for claims that may be raised against the Controller (the basic limitation period for claims against the Controller is six years). Using the Online Store website and ensuring its proper functioning
Article 6(1)(f) of the GDPR Regulation (legitimate interest of the controller) – processing is necessary for the purposes of the Controller's legitimate interests, which consist in operating and maintaining the Online Store website. Data is stored for the duration of the legitimate interest pursued by the Controller, but no longer than the limitation period for the Controller's claims against the data subject arising from the Controller's business activities. The limitation period is specified by law, in particular the Civil Code (the basic limitation period for claims related to business activities is three years, and for sales contracts, two years). Maintaining statistics and analyzing traffic in the Online Store
Article 6(1)(f) of the GDPR (legitimate interest of the controller) – processing is necessary for purposes arising from the Controller's legitimate interests, which consist in maintaining statistics and analyzing traffic in the Online Store in order to improve the operation of the Online Store and increase Product sales. Data is stored for the duration of the legitimate interest pursued by the Controller, but no longer than the limitation period for the Controller's claims against the data subject arising from the Controller's business activities. The limitation period is specified by law, in particular the Civil Code (the basic limitation period for claims related to business activities is three years, and for sales contracts – two years).
4. RECIPIENTS OF DATA IN THE ONLINE STORE
4.1. For the proper functioning of the Online Store, including the execution of concluded Sales Agreements, the Controller must use the services of external entities (such as a software provider, courier, or payment processor). The Controller only uses the services of processors who provide sufficient guarantees to implement appropriate technical and organizational measures so that the processing meets the requirements of the GDPR and protects the rights of data subjects.
4.2. Personal data may be transferred by the Controller to a third country. The Controller ensures that in such a case, it will be transferred to a country that ensures an adequate level of protection – consistent with the GDPR Regulation – and that the data subject has the ability to obtain a copy of their data. The Controller transfers collected personal data only when and to the extent necessary to achieve the given data processing purpose, consistent with this privacy policy.
4.3. The Controller does not transfer data 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 fulfill a given personal data processing purpose and only to the extent necessary to fulfill that purpose. For example, if the Customer uses personal pickup, their data will not be transferred to a carrier cooperating with the Controller.
4.4. The personal data of Service Users and Customers of the Online Store may be transferred to the following recipients or categories of recipients: 4.4.1. carriers / forwarders / courier brokers / entities operating the warehouse and/or the shipping process – in the case of a Customer who uses the Online Store to deliver the Product by post or courier, the Controller makes the collected personal data of the Customer available to the selected carrier, forwarder or intermediary carrying out shipments on behalf of the Controller, and if the shipment is from an external warehouse – to the entity operating the warehouse and/or the shipping process – to the extent necessary to complete the delivery of the Product to the Customer.
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 Store, the Administrator makes the collected personal data of the Customer available to the selected entity handling the above payments in the Online Store at the request of the Administrator to the extent necessary to process the payment made by the Customer.
4.4.3. lending entities/lessors – in the case of a Customer who uses the installment payment or leasing payment method in the Online Store, the Administrator makes the collected personal data of the Customer available to the selected lender or lessor handling the above payments in the Online Store at the request of the Administrator to the extent necessary to process the payment made by the Customer.
4.4.4. opinion survey system providers – in the case of a Customer who has agreed to express an opinion on the concluded Sales Agreement, the Administrator makes the collected personal data of the Customer available to the selected entity providing the opinion survey system for concluded Sales Agreements in the Online Store at the request of the Administrator to the extent necessary for the Customer to express an opinion using the opinion survey system.
4.4.5. service providers supplying the Controller with technical, IT and organizational solutions enabling the Controller to conduct business activities, including the Online Store and the Electronic Services provided via it (in particular, suppliers of computer software for running the Online Store, e-mail and hosting providers, and suppliers of software for managing the company and providing technical support to the Controller) – the Controller makes the collected personal data of the Customer available to a selected supplier acting on its behalf only in the case and to the extent necessary to achieve a given purpose of data processing in accordance with this privacy policy.
4.4.6. providers of accounting, legal and advisory 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 a selected provider acting on its behalf only in the case and to the extent necessary to achieve a given purpose of data processing in accordance with this privacy policy.
5. PROFILING IN THE ONLINE STORE
5.1. The GDPR imposes on the Controller an obligation to provide information about automated decision-making, including profiling, as referred to in Article 22(1) and (4) of the GDPR, and – at least in these cases – meaningful information about the principles underlying such decision-making, as well as the significance and anticipated consequences of such processing for the data subject. With this in mind, the Controller provides information regarding possible profiling in this section of the privacy policy.
5.2. The Administrator may use profiling in the Online Store for direct marketing purposes, but the decisions made based on it by the Administrator do not concern the conclusion or refusal to conclude a Sales Agreement or the ability to use Electronic Services in the Online Store. The effect of using profiling in the Online Store may be, for example, granting a discount, sending a discount code, reminding about unfinished purchases, sending a Product suggestion that may suit the individual's interests or preferences, or offering better terms compared to the Online Store's standard offer. Despite profiling, the individual freely decides whether to use the discount or better terms received and make a purchase in the Online Store.
5.3. Profiling in the Online Store involves the automatic analysis or prediction of a person's behavior on the Online Store website, for example, by adding a specific Product to the shopping cart, viewing a specific Product page in the Online Store, or by analyzing previous purchase history in the Online Store. The condition for such profiling is that the Administrator has the personal data of the individual in question so that it can then send them, 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 significantly affects him or her in a similar manner.
6. RIGHTS OF THE DATA SUBJECT
6.1. Right of access, rectification, restriction, erasure, or portability – the data subject has the right to request from the Controller access to their personal data, rectification, erasure ("right to be forgotten"), or restriction of processing, and has the right to object to 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.
6.2. The 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 paragraph 1 letter a) or Article 9 paragraph 2 letter a) of the GDPR Regulation) has the right to withdraw consent at any time without affecting the lawfulness of processing based on consent before its withdrawal.
6.3. The right to lodge a complaint with a supervisory authority – an individual whose data is processed by the Controller has the right to lodge a complaint with a supervisory authority in the manner and procedure specified in the provisions of the GDPR and Polish law, in particular the Personal Data Protection Act. The supervisory authority in Poland is the President of the Personal Data Protection Office.
6.4. Right to object – the data subject has the right to object at any time, on grounds relating to their particular situation, to the processing of personal data concerning them based on Article 6(1)(e) (public interest or task) or (f) (legitimate interest of the controller), including profiling based on these provisions. In such a case, the controller is no longer permitted to process the personal data unless they demonstrate compelling legitimate grounds for the processing that override the interests, rights and freedoms of the data subject, or for the establishment, exercise or defense of legal claims. 6.5. Right to object to direct marketing – where personal data are processed for direct marketing purposes, 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.
6.6. In order to exercise the rights referred to in this point of the privacy policy, you can contact the Administrator by sending an appropriate message 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 website.
7. COOKIES IN THE ONLINE STORE AND ANALYTICS
7.1. Cookies are small pieces of information in the form of text files, sent by the server and stored on the website visitor's side (e.g., on the hard drive of a computer, laptop, or smartphone's memory card – depending on the device the visitor uses to visit our Online Store). Detailed information about cookies, as well as the history of their creation, can be found here: http://pl.wikipedia.org/wiki/Ciasteczko.
7.2. The Administrator may process data contained in Cookies when visitors use the Online Store website for the following purposes:
7.2.1. identifying Service Users as logged in to the Online Store and showing that they are logged in;
7.2.2. remembering Products added to the cart in order to place an Order;
7.2.3. remembering data from completed Order Forms, surveys or login details to the Online Store;
7.2.4. adapting the content of the Online Store website to the individual preferences of the Service User (e.g. regarding colors, font size, page layout) and optimizing the use of the Online Store websites;
7.2.5. keeping anonymous statistics showing how the Online Store website is used;
7.2.6. Remarketing, i.e. researching the behavior of visitors to the Online Store by anonymously analyzing their activities (e.g., repeated visits to specific pages, keywords, etc.) in order to create a 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, Facebook Ireland Ltd and Instagram LLC. Remarketing services are also provided by Criteo GmbH (Gewurzmuhlstr. 11, 80538 Munich, Germany).
7.3. By default, most web browsers accept cookies by default. Everyone can specify the terms of use of cookies through their own web browser settings. This means, for example, that you can partially restrict (e.g., temporarily) or completely disable the ability to save cookies. However, this may affect some of the Online Store's functionalities (for example, it may be impossible to complete the ordering process via the Order Form due to the Products not being saved in the shopping cart during subsequent steps of the ordering process).
7.4. Your web browser's cookie settings are important for consenting to the use of cookies by our Online Store. In accordance with the regulations, such consent can also be expressed through your web browser settings. If you do not consent, you must change your web browser's cookie settings accordingly.
7.5. Detailed information on changing cookie settings and deleting them yourself in the most popular web browsers is available in the help section of your web browser and on the following websites (just click on the link): in the Chrome browser in the Firefox browser in the Internet Explorer browser in the Opera browser in the Safari browser in the Microsoft Edge browser
7.6. The Administrator may use Google Analytics and Universal Analytics services in the Online Store, provided by Google Ireland Limited (Gordon House, Barrow Street, Dublin 4, Ireland). These services help the Administrator compile statistics and analyze traffic on the Online Store. The collected data is processed as part of the above services to generate statistics that help administer the Online Store and analyze traffic on the Online Store. This data is aggregated. By using the above services in the Online Store, the Administrator collects data such as the sources and means of acquiring visitors to the Online Store, their behavior on the Online Store website, information about the devices and browsers they use to visit the site, IP address and domain, geographic data, demographic data (age, gender), and interests.
7.7. It is possible for a given person to easily block the provision of information about their activity on the Online Store website to Google Analytics – 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 .
8. PERSONAL DATA INSPECTOR
8.1. ZaQanna has appointed a Personal Data Protection Officer. This is the person you can contact regarding all matters concerning the processing of personal data and the exercise of rights related to such processing. If you wish to contact the Data Protection Officer, please contact us at the email address provided on the Online Store's homepage.
9. FINAL PROVISIONS
9.1. The Online Store may contain links to other websites. The Administrator encourages users to review the privacy policies posted there after visiting other websites. This privacy policy applies only to the Administrator's Online Store.
