PRIVACY POLICY

WEBSHOP IRWAR.PL

CONTENTS

  • GENERAL PROVISIONS
  • GROUNDS FOR DATA PROCESSING
  • PURPOSE, BASIS AND PERIOD OF DATA PROCESSING IN THE ONLINE STORE
  • RECIPIENTS OF DATA IN THE ONLINE STORE
  • PROFILING IN THE ONLINE STORE
  • RIGHTS OF THE DATA SUBJECT
  • COOKIES IN THE ONLINE STORE AND ANALYTICS
  • FINAL PROVISIONS

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

GENERAL PROVISIONS

  • This Privacy Policy of the Online Store is for informational purposes, which means that it is not a source of obligations for Service Recipients or Customers of the Online Store. The privacy policy primarily contains rules regarding the Administrator's processing of personal data in the Online Store, including the basis, purposes and scope 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.
  • The Administrator of the personal data collected via the Online Store is Arkadiusz Górnik conducting business activity under the name of IRWAR Sp. z o.o., registered in the Central Register and Information on Business Activity of the Republic of Poland, maintained by the minister responsible for economy, holding: the address of place of business and address for delivery: Rybnik 44-200, 22 Gen. Hallera St., NIP 642 320 50 43, REGON 368654624, e-mail address: biuro.irwar@gmail.com, contact phone number: +48575786676 - hereinafter referred to as "Administrator" and being at the same time the Service Provider of the Online Store and the Seller.
  • Contact details of the data protection officer appointed by the Administrator: Daniel Musiałek, e-mail address: daniel.irwar@gmail.com, contact phone number: +48531905085
  • Personal data in the Online Store are processed by the Administrator in accordance with applicable laws, in particular in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 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 "RODO" or "RODO Regulation". Official text of the RODO Regulation http://eur-lex.europa.eu/legal-content/PL/TXT/?uri=CELEX%3A32016R0679
  • The use of the Online Store, including making purchases, is voluntary. Likewise, the related provision of personal data by the Customer or Client using the Online Store is voluntary, subject to two exceptions: (1) entering into contracts with the Administrator - failure to provide, in the cases and to the extent indicated on the website of the Internet Shop and in the Terms and Conditions of the Internet Shop and this privacy policy, personal data necessary for the conclusion and performance of a Sales Agreement or an agreement for the provision of Electronic Services with the Administrator results in the impossibility to conclude such an agreement. Providing personal data in such a case is a contractual requirement, and if the data subject wants to conclude a given agreement with the Administrator, he/she is obliged to provide the required data. Each time the scope of data required to conclude a contract is indicated in advance on the website of the Online Store and in the Regulations of the Online Store; (2) statutory obligations of the Administrator - providing personal data is a statutory requirement resulting from universally applicable laws imposing an obligation on the Administrator to process personal data (e.g. processing data for tax or accounting purposes), and failure to provide such data will prevent the Administrator from performing such obligations.
  • The Administrator shall exercise special 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 in accordance with the law; (2) collected for designated 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 that allows identification of the data subjects for no longer than necessary to achieve the purpose of the processing; and (5) processed in a manner that ensures adequate security of personal data, including protection against unauthorized or unlawful processing and accidental loss, destruction or damage, by means of appropriate technical or organizational measures.
  • Taking into account the nature, scope, context and purposes of the processing and the risk of infringement of the rights or freedoms of natural persons of different probability and gravity, the Controller shall implement appropriate technical and organizational measures to ensure that the processing is carried out in accordance with this Regulation and to be able to demonstrate this. These measures shall be reviewed and updated as necessary. The Administrator shall implement technical measures to prevent the acquisition and modification by unauthorized persons, of personal data sent electronically.
  • 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 pages of the Online Store.

GROUNDS FOR DATA PROCESSING

  • 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 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 a party or to take steps at the request of the data subject prior to entering into a contract; (3) the processing is necessary for the fulfillment of a legal obligation incumbent on the Controller; or (4) processing is necessary for the purposes of 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.
  • The processing of personal data by the Controller requires, in each case, the existence of at least one of the grounds indicated in sec. 2.1 of the privacy policy. The 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 - with respect to the given purpose of personal data processing by the Administrator.

PURPOSE, BASIS AND PERIOD OF DATA PROCESSING IN THE ONLINE STORE

  • Each time, the purpose, basis and period and recipients of the personal data processed by the Administrator result from the activities undertaken by a given Customer or Client in the Online Store or by the Administrator. For example, if a Customer decides to make purchases from the Online Store and chooses personal collection of the purchased Product instead of courier delivery, his/her personal data will be processed for the purpose of executing the concluded Sales Agreement, but will no longer be made available to the carrier performing the shipments on behalf of the Administrator.
  • The Administrator may process personal data within the framework of the Online Store for the following purposes, on the grounds, and for the periods indicated in the table below:

Purpose of data processing

Legal basis of data processing

Data storage period

Execution of 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 the conclusion of the aforementioned agreements

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 a party, or to take action at the request of the data subject prior to entering into a contract

The data are stored for the period necessary for the execution, 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 RODO Regulation (legitimate interest of the Administrator) - processing is necessary for the purposes arising from the Administrator's legitimate interests - consisting of caring for the interests and good image of the Administrator, its Online Store and striving to sell Products

The data are kept for the period of existence of the legitimate interest pursued by the Administrator, but not longer than the period of limitation of the Administrator's claims against the data subject by virtue of the Administrator's business activity. The period of limitation is determined by the provisions of law, in particular the Civil Code (the basic limitation period for claims related to the conduct of business activities is three years, and for a sales contract it is two years).

The Administrator may not process data for direct marketing purposes in the event of an effective objection in this regard 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 Administrator

Data is stored until the data subject withdraws consent to further processing of his/her data for this purpose.

Customer's expression of opinion about the concluded Sales Agreement

Article 6(1)(a) of the RODO Regulation- the data subject has consented to the processing of his or her personal data for the purpose of expressing an opinion

Data is stored until the data subject withdraws consent to further processing of his/her data for this purpose.

Keeping of tax or accounting books

Article 6(1)(c) of the RODO Regulation in conjunction with Article 86 § 1 of the Tax Ordinance, i.e. dated January 17, 2017. (Journal of Laws of 2017, item 201) or Article 74(2) of the Accounting Act, i.e. of January 30, 2018. (Journal of Laws of 2018, item 395) - processing is necessary to fulfill a legal obligation of the Administrator;

The data is kept for the period required by the law ordering the Administrator to keep tax books (until the expiration of the statute of limitations on tax liability, unless otherwise provided by tax laws) or accounting books (5 years, counting from the beginning of the year following the fiscal year to which the data refers).

Determination, investigation or defense of claims that the Administrator may raise or that may be raised against the Administrator

Article 6(1)(f) of the RODO Regulation (legitimate interest of the Administrator) - the processing is necessary for the purposes arising from 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 are stored for the period of existence of the legitimate interest pursued by the Administrator, but no longer than for the period of the statute of limitations for claims that may be raised against the Administrator (the basic statute of limitations for claims against the Administrator is six years).

Use of the website of the Online Store and ensuring its proper operation

Article 6(1)(f) of the RODO Ordinance (legitimate interest of the Administrator) - processing is necessary for purposes arising from the Administrator's legitimate interests - consisting of running and maintaining the Online Store website

The data are stored for the period of existence of the legitimate interest pursued by the Administrator, but not longer than the statute of limitations on the Administrator's claims against the data subject from the Administrator's business activities. The statute of limitations is determined by the provisions of law, in particular the Civil Code (the basic statute of limitations for claims related to the conduct of business activities is three years, and for a sales contract it is two years).

Keeping statistics and analyzing traffic on the Online Store

Article 6(1)(f) of the RODO Regulation (legitimate interest of the Administrator) - processing is necessary for the purposes arising from the Administrator's legitimate interests - consisting of conducting statistics and analysis of traffic in the Online Store in order to improve the functioning of the Online Store and increase sales of Products

The data are stored for the period of existence of the legitimate interest pursued by the Administrator, but not longer than the statute of limitations on the Administrator's claims against the data subject from the Administrator's business activities. The period of limitation is determined by the provisions of law, in particular the Civil Code (the basic limitation period for claims related to the conduct of business activities is three years, and for a sales contract it is two years).

RECIPIENTS OF DATA IN THE ONLINE STORE

  • For the proper functioning of the Online Store, including the execution 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 for the implementation of appropriate technical and organizational measures so that the processing meets the requirements of the RODO Regulation and protects the rights of the data subjects.
  • Transfer of data by the Administrator does not take place in every case and not to all recipients or categories of recipients indicated in the privacy policy - the Administrator transfers data only when it is necessary for the realization of the given purpose of personal data processing and only to the extent necessary for its realization. For example, if the Customer uses personal pick-up, his/her data will not be transferred to the carrier cooperating with the Administrator.
  • Personal data of Service Recipients and Customers of the Online Store may be transferred to the following recipients or categories of recipients:
  • carriers / shippers / courier brokers / entities operating the warehouse and/or shipping process - in the case of a Customer who uses the Online Store's method of Product delivery by mail or courier service, the Administrator shall make the collected personal data of the Customer available to the selected carrier, forwarder or courier broker executing shipments on behalf of the Administrator, and if the shipment is made 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.
  • entities handling electronic or credit card payments - in the case of a Customer who uses the method of electronic payment or payment card in the Internet Shop, the Administrator shall make the collected personal data of the Customer available to the selected entity handling the above payments in the Internet Shop on behalf of the Administrator to the extent necessary to handle the payment made by the Customer.
  • crediting entities / lessors - in the case of a Customer who uses an installment or lease payment method in the Online Store, the Administrator shall make the collected personal data of the Customer available to a selected creditor or lessor servicing the above payments in the Online Store on behalf of the Administrator to the extent necessary to service the payment made by the Customer.
  • provider of an opinion survey system - in the case of a Customer who has agreed to express an opinion about a Sales Agreement concluded, the Administrator shall make the collected personal data of the Customer available to a selected provider of an opinion poll system for Sales Agreements concluded in the Online Store on behalf of the Administrator to the extent necessary for the Customer to express his or her opinion by means of the opinion poll system.
  • service providers supplying the Administrator with technical, IT and organizational solutions enabling the Administrator to conduct its business, including the Internet Store and Electronic Services provided through it (in particular, providers of computer software to run the Online Store, providers of e-mail and hosting, and providers of business management and technical support software to the Administrator) - the Administrator shall make the collected personal data of the Customer available to the selected provider acting on its behalf only in the case and to the extent necessary to realize the given purpose of data processing in accordance with this Privacy Policy.
  • accounting, legal and consulting service providers providing accounting, legal or consulting support to the Administrator (in particular, an accounting office, a law firm or a debt collection company) - the Administrator shall make the collected personal data of the Customer available to the selected provider acting on its behalf only in the case and to the extent necessary to achieve the given purpose of data processing in accordance with this privacy policy.
  • providers of social plug-ins, scripts and other similar tools placed on the website of the Online Store that allow the browser of the person visiting the website of the Online Store to download content from the providers of said plug-ins (e.g., logging in with social media login information) and transmitting the visitor's personal information to those providers for that purpose, including:
  • Facebook Ireland Ltd. - The Administrator uses Facebook social plug-ins on the website of the Online Store (e.g. Like button, Share or login with Facebook login data) and therefore collects and shares the personal data of the Customer using the website of the Online Store with Facebook Ireland Ltd. (4 Grand Canal Square, Grand Canal Harbour, Dublin 2 Ireland) to the extent and in accordance with the privacy policy available here https://www.facebook.com/about/privacy/ (This data includes information about activities on the Online Store website - including information about the device, sites visited, purchases, advertisements displayed, and use of services - regardless of whether the Service Recipient has a Facebook account and is logged into Facebook).

PROFILING IN AN ONLINE STORE

  • The RODO Regulation imposes an obligation on the Controller to provide information on automated decision-making, including profiling, as referred to in Article 22 (1) and (4) of the RODO Regulation, and - at least in these cases - relevant information on the modalities of such decision-making, as well as the significance and anticipated consequences of such processing for the data subject. With this in mind, the Administrator provides information on possible profiling in this section of the privacy policy.
  • 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 to conclude a Sales Agreement, or the possibility of using Electronic Services on the Online Store. The effect of the use of profiling in the Online Store 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 for a Product that may match the person's interests or preferences, or offer better conditions compared to the standard offer of the Online Store. Despite the profiling, it is the individual who freely decides whether he or she will want to take advantage of the discount received in this way or the better terms and conditions and make a purchase from the Online Store.
  • Profiling in the Online Store consists of automatic analysis or prediction of a person's behavior on the Online Store website, e.g. by adding a specific Product to the shopping cart, browsing the page of a specific Product in the Online Store, or by analyzing the previous history of purchases made in the Online Store. The condition for such profiling is that the Administrator has the personal data of the person in question in order to be able to subsequently send him/her, 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 with respect to the data subject or similarly significantly affects the data subject.

RIGHTS OF 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.
  • The right to withdraw consent at any time - A person whose data is processed by the Administrator on the basis of expressed consent (pursuant to Article 6(1)(a) or Article 9(2)(a) of the RODO Ordinance), then he/she has the right to withdraw consent at any time without affecting the legality of the processing performed on the basis of consent before its withdrawal.
  • The right to lodge a complaint with a supervisory authority - A person whose data is processed by the Administrator has the right to lodge a complaint to a 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 - for reasons 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 under these provisions. The controller in such a case shall no longer be allowed to process such personal data, unless the controller demonstrates the existence of compelling legitimate grounds for the processing overriding the interests, rights and freedoms of the data subject, or grounds for establishing, asserting or defending claims.
  • Right to object to direct marketing - jhen 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 him or her for such marketing, including profiling, to the extent that the processing is related to such direct marketing.
  • In order to exercise the rights referred to in this section of the privacy policy, the Administrator may be contacted 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 by using the contact form available on the website of the Online Store.

ONLINE STORE COOKIES AND ANALYTICS

  • Cookies are small text information in the form of text files, sent by a server and stored on the side of the person visiting the site of the Online Store (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 Store). Detailed information about cookies, as well as the history of their creation can be found, among others, here https://pl.wikipedia.org/wiki/HTTP_cookie.
  • 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

  • own (created by the Administrator's Online Store website) and

  • owned by third parties (other than the Administrator)

Due to their storage period on the device of the person visiting the site of the Online Store

  • session (stored until you log out of the Internet Shop or switch off the Internet browser) and

  • permanent (stored for a specific period of time, defined by the parameters of each file or until manual removal)

Due to the purpose of their use

  • indispensable (enabling proper functioning of the Internet Store website),

  • functional/preferential (enabling adaptation of the site of the Internet Shop to the preferences of the person visiting the site),

  • analytical and performance (gathering information about the manner of use of the website of the Internet Store),

  • marketing, advertising and social (collecting information about the person visiting the site of the Internet Shop for the purpose of displaying personalized advertising to that person and conducting other marketing activities, including on websites separate from the site of the Internet Shop, such as social networks

  • The Administrator may process the data contained in cookies when visitors use the website of the Online Store for the following specific purposes:

Purposes of using cookies in the Administrator's Online Store

to identify Service Recipients as logged in to the Online Store and show that they are logged in (essential Cookies)

remembering Products added to the shopping cart for the purpose of placing an Order (essential Cookies)

remembering data from completed Order Forms, surveys or login data to the Online Store (essential and/or functional/preference Cookies)

adapting the content of the Internet Shop's website to individual preferences of the Customer (e.g. concerning colors, font size, page layout) and optimizing the use of the pages of the Internet Shop (functional/preference cookies)

keeping anonymous statistics showing how the pages of the Internet Shop are used (statistical Cookies)

remarketing, i.e. studying the behavioral characteristics of visitors to the Online Store 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 Facebook Ireland Ltd. (marketing, advertising and social networking cookies)

  • Checking in the most popular web browsers what cookies (including the duration of cookies and their provider) are sent at any given time by the website of the Online Store is possible as follows:

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

In 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 "Inter-site tracking cookies", "Social network 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 Safari browser: (
1) click on the "Preferences" menu, (2) go to the "Privacy" tab, (3) click on the box "Manage site data"

Regardless of the browser, using the tools available, for example, on the pagehttps://www.cookiemetrix.com/ or https://www.cookie-checker.com/

  • By default, most web browsers on the market accept the storage of Cookies by default. Everyone has the ability to determine the conditions for the use of Cookies through the settings of their own web browser. This means that you can, for example, partially restrict (e.g. temporarily) or completely disable the ability to save Cookies - in the latter case, however, this may affect some of the functionality of the Online Store (for example, it may not be possible to pass the Order path through the Order Form due to the failure to remember the Products in the shopping cart during the subsequent steps of placing the Order).
  • The settings of your Internet browser regarding Cookies are important from the point of view of your consent to the use of Cookies by our Online Store - in accordance with the regulations, such consent may also be expressed through the settings of your Internet browser. Detailed information on how to change the settings for Cookies and how to delete them yourself in the most popular web browsers is available in the help section of your web browser and on the following pages (just click on the link):
  • in the Chrome browser
  • in HYPERLINK browser "http://support.mozilla.org/pl/kb/W%C5%82%C4%85czanie%20i%20wy%C5%82%C4%85czanie%20obs%C5%82ugi%20ciasteczek "Firefox
  • in the Internet Explorer browser
  • in the Opera browser
  • in Safari browser
  • in the Microsoft Edge browser
  • The Administrator may use Google Analytics, Universal Analytics services on the Online Store provided by Google Ireland Limited (Gordon House, Barrow Street, Dublin 4, Ireland). These services help the Administrator keep statistics and analyze traffic on the Online Store. The data collected is processed by the above services to generate statistics to help administer the Online Store and analyze traffic on the Online Store. These data are of an aggregate nature. The Administrator, using the above services on the Online Store, collects such data as the source and medium of acquisition of visitors to the Online Store and the way they behave on the Online Store website, information about the devices and browsers from which they visit the site, IP and domain, geographical data and demographic data (age, gender) and interests.
  • It is possible for a person to easily block the sharing of information about his/her activity on the Online Store website with Google Analytics - for this purpose, for example, you can install a browser add-on provided by Google Ireland Ltd. available here https://tools.google.com/dlpage/gaoptout?hl=en.
  • The Administrator may use on the Online Store the Facebook Pixel service provided by Facebook Ireland Limited (4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland). This service helps the Administrator measure the effectiveness of advertisements and learn what actions visitors to the Online Store are taking, and display tailored advertisements to those visitors. You can find detailed information about the operation of Facebook Pixel at the following web address https://www.facebook.com/business/help/742478679120153?helpref=page_content.
  • You can manage the operation of the Facebook Pixel through the ad settings in your Facebook.com account https://www.facebook.com/ads/preferences/?entry_product=ad_settings_screen.

FINAL PROVISIONS

  • The online store may contain links to other websites. The Administrator urges that when you go to other sites, you should read the privacy policy established there. This privacy policy applies only to the Administrator's Online Store.

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