Privacy Policy
Privacy policy of LaVela online shop
TABLE OF CONTENTS:
- GENERAL PROVISIONS
- GROUNDS FOR PROCESSING
- PURPOSE, BASIS AND DURATION OF DATA PROCESSING IN THE ONLINE STORE
- RECIPIENTS OF THE DATA IN THE ONLINE STORE
- PROFILING IN THE WEBSHOP
- RIGHTS OF THE DATA SUBJECT
- COOKIES IN THE WEBSHOP AND ANALYTICS
- FINAL PROVISIONS
1. GENERAL PROVISIONS:
1.This Internet Shop's privacy policy is informative, which means that it does not constitute a source of obligation for the Service Recipients or Customers of the Internet Shop. The Privacy Policy contains, above all, the rules of personal data processing by the Administrator in the Internet Shop, including the basis, purposes and period of personal data processing and the rights of data subjects, as well as information concerning the
use of cookies and analytical tools in the Internet Shop.
1.2nd The administrator of the personal data collected by the Online Store is Karolina Guran NIP: 9731075916 and Paulina Krengowska NIP: 9252085785 entrepreneurs conducting business together in the form of a civil partnership under the name of LaVela spółka cywilna (s.c.) based in Zielona Góra, postcode 65-751 Zielona Góra at the address Foluszowa 108C, NIP: 9292058843, REGON 388200942, e-mail address lavela.onlineshop@gmail.com, phone number: 665-714-769 and 604-417-290; - hereinafter referred to as the "Administrator" and being both the Provider of the Internet Shop and the Seller.
1.(3) 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 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/legal-content/PL/TXT/?uri=CELEX%3A32016R0679
1.4th Use of the Online Store, including making purchases is voluntary. Similarly, the related provision of personal data by the Customer or Client using the Internet Shop is voluntary, subject to two exceptions: (1) conclusion of agreements with the Administrator - failure to provide personal data necessary for the conclusion and performance of a Sales Agreement or an agreement for the provision of an Electronic Service with the Administrator 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 results in the impossibility to conclude that agreement. Providing personal data in such a case is a contractual requirement and if the data subject wishes to conclude a given agreement with the Administrator, he/she shall be obliged to provide the required data. Each time the scope of data required to conclude a contract is indicated previously on the website of the Internet Shop and in the Terms and Conditions of the Internet Shop; (2) statutory obligations of the Administrator - providing personal data is a statutory requirement resulting from universally applicable laws imposing an obligation to process personal data on the Administrator (e.g. processing of data for the purposes of keeping tax or accounting books), and failing to provide such data will prevent the Administrator from fulfilling those obligations.
1.(5) The controller shall exercise due care to protect the interests of persons whose personal data
are processed by him/her, and in particular he/she shall be responsible for
and ensure that the data collected by him/her are: (1) processed lawfully; (2) collected for specified, legitimate purposes and not subject 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 processing; and (5) processed in a manner which ensures adequate 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.
1.(6) Having regard to the nature, scope, context and purposes of the processing and the risk of violation of the rights or freedoms of natural persons of varying degrees of probability and seriousness, the controller shall implement appropriate technical and organisational measures to ensure that processing is carried out in accordance with this Regulation and to provide evidence thereof. Those measures shall be reviewed and updated as necessary. The controller shall implement technical measures to prevent unauthorised persons from acquiring and modifying personal data transmitted electronically.
1.7th Any words, phrases and acronyms appearing in this privacy policy
and beginning with a capital letter (eg Seller, Online Store, Electronic Service) should be understood in accordance with their definitions contained in the Rules of the Online Store available on the pages of the Online Store.
2. GROUNDS FOR PROCESSING:
2.(1) The controller shall be entitled to process personal data 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) 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 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.
2.The processing of personal data by the Administrator requires each time the existence of at least one of the grounds indicated in point. 2.1 of the Privacy Policy. Specific grounds for processing personal data of the Internet Shop's Users and Customers by the Administrator are indicated in the next point of the privacy policy - with reference to a given purpose of personal data processing by the Administrator.
3. PURPOSE, BASIS AND DURATION OF DATA PROCESSING IN THE ONLINE SHOP:
3.Each time, the purpose, basis and period as well as recipients of personal data processed by the Administrator result from actions taken by a given Customer or Client in the Internet Shop or by the Administrator. For example, if a Customer decides to make purchases in the Internet Shop and chooses personal collection of the purchased Product instead of courier delivery, his or her personal data will be processed in order to perform the Sales Agreement concluded, but will no longer be made available to the carrier performing the shipment on behalf of the Administrator.
3.(2) The Administrator may process personal data within 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 |
| Performance of a Sales Agreement 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 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 steps at the request of the data subject prior to entering into a contract. | The data shall be stored for the period necessary for the execution, termination or expiration of otherwise concluded Sales Agreement or agreement for the provision of Electronic Services. |
| Direct marketing. | Article 6(1)(f) of the RODO Regulation (legally justified interests of the Administrator) - processing is necessary for purposes deriving from the Administrator's legally justified interests - consisting in ensuring the Administrator's interests and good image, its Internet Shop and striving to sell the Products | The data shall be stored for the period of existence of the Administrator's legitimate interest pursued by the Administrator, however, not longer than for the period within which the Administrator's claims against the data subject arising out of the Administrator's business activities are time-barred. The period of limitation shall be determined by law, in particular the Civil Code (the basic limitation period for claims related to business activities is three years, and for a Sales Agreement two years). The Administrator may not process data for the purposes of direct marketing in the case of an effective objection to this effect expressed by the data subject. |
| Marketing | Article 6(1)(a) of the RODO Regulation (consent) - the data subject has given consent for his/her personal data to be processed for marketing purposes by the Administrator | The data is stored until the data subject withdraws his/her consent to further processing of his/her data for these purposes. |
| Customer's expression of an opinion about the concluded Sales Agreement | Article 6(1)(a) of the RODO Regulation - the data subject has given consent to the processing of his/her personal data for the purpose of expressing an opinion | The data is stored until the data subject withdraws his/her consent to further processing of his/her data for this purpose. |
| Keeping of tax books or accounts | Article 6(1)(c) of the RODO Regulation in conjunction with Article 86 § 1 of the Tax Ordinance, i.e. of 17 January 2017. (Dz.U. of 2017, item 201) or Article 74(2) of the Accounting Act, i.e. of 30 January 2018. (Journal of Laws of 2018, item 395) - processing is necessary for the fulfilment of a legal obligation incumbent on the Administrator | The data are stored for the period required by legal regulations ordering the Administrator to keep tax books (until the expiry of the limitation period for tax liabilities, unless tax acts provide otherwise) or accounting books (5 years, counting from the beginning of the year following the financial year to which the data refer). |
| Determining, asserting or defending claims which may be raised by the Administrator or which may be raised against the Administrator | Article 6(1)(f) of the RODO Regulation (legitimate interest of the controller) - processing is necessary for purposes deriving from the Administrator's legitimate interests - consisting of determining, asserting or defending claims which may be raised by the Administrator or which may be raised against the Administrator | The data is stored for the period of existence of the Administrator's legally justified interests, however, no longer than for the period of validity of claims that may be raised against the Administrator (the basic validity period for claims against the Administrator is six years) |
| Using the website of the Internet Store and ensuring its proper operation | Article 6 par. 1 letter f) of the RODO Regulation (legally justified interests of the Administrator) - processing is necessary for the purposes stemming from the Administrator's legitimate interests consisting in running and maintaining the Internet Shop's website | The data shall be stored for the period of existence of the legally justified interest pursued by the Administrator, but not longer than the period within which the Administrator's claims against the data subject arising out of the Administrator's business activities are time-barred. The period of limitation shall be determined by law, in particular the Civil Code (the basic limitation period for claims related to business activities is three years, and for a Sales Agreement two years) |
| Keeping statistics and analysing traffic in the Internet Shop | Article 6 par. 1 lit. f) of the RODO Regulation (legally justified interests of the Administrator) - processing is necessary for purposes resulting from the Administrator's legally justified interests - consisting in statistics and traffic analysis in the Internet Shop in order to improve functioning of the Internet Shop and increase sales of the Administrator's Products | Administrator, but not longer than for the period of limitation of the Administrator's claims against the data subject on account of the Administrator's economic activity. The period of limitation shall be determined by law, in particular the Civil Code (the basic limitation period for claims related to business activities is three years, and for a Sales Agreement two years) |
4. DATA RECIPIENTS IN THE ONLINE SHOP:
4.For the proper functioning of the Internet Shop, including the performance of Sales Agreements concluded, it is necessary for the Administrator to use the services of external entities (such as software providers, couriers, or payment processors). The controller shall only use the services of such processors who provide sufficient guarantees to implement appropriate technical
and organizational measures
so that the processing complies with the requirements of the RODO Regulation and protects the rights of data subjects.
4.2. 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 if it is necessary for the realization of a given purpose of personal data processing and only to the extent necessary for its realization
4.(3) Personal data of Service Recipients and Customers of the Online Store may be transferred to the following recipients or categories of recipients in:
4.3.1 Carriers / forwarders / courier brokers / entities operating the warehouse and/or the shipping process - in case of a Customer, who uses the Product delivery method in the Internet Shop by mail or by courier, the Administrator makes the collected personal data of the Customer available to a chosen carrier, forwarder or intermediary performing the shipment on the order of the Administrator, and if the shipment is carried out from an external warehouse - to an entity operating the warehouse and/or the shipping process - to the extent necessary to realize the delivery of the Product to the Customer.
4.3.2 Entities handling electronic or credit card payments - in case of a Customer who uses the electronic or credit card payment method in the Internet Shop, the Administrator makes the collected personal data of the Customer available to a chosen entity handling the aforementioned payments in the Internet Shop at the request of the Administrator to the
extent necessary to handle the payment made by the Customer.
4.3.3 Service providers supplying the Administrator with technical, IT and organizational solutions enabling the Administrator to run his/her business, including the Internet Shop and the Electronic Services provided by means of it (
in particular, providers of computer software for running the Internet Shop, e-mail and hosting providers, as well as providers of software for managing the company and providing technical assistance to the Administrator) - the Administrator shall make the collected personal data of the Client available to a chosen provider acting on his/her behalf only in the case and to the extent necessary to realize a given purpose of data processing in accordance with this Privacy Policy.
4.3.4 Providers of accounting, legal and advisory services providing the Administrator with accounting, legal or advisory support (in particular, an accounting office, a law firm or a debt collection agency) - the Administrator makes the collected personal data of the Client available to the chosen provider acting on his behalf only in the case and to the extent necessary to carry out the given purpose of data processing in accordance with this Privacy Policy.
4.3.5 Facebook Ireland Ltd. - The Administrator uses Facebook social plug-ins on the Internet Shop website (e.g. Like button, Share or login using Facebook login data) and as a result collects and makes available personal data of the Customer using the Internet Shop website to 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 website of the Internet Shop - including information about the device, visited sites, purchases, displayed advertisements and use of services - regardless of whether the Customer has a Facebook account and is logged into Facebook).
5. PROFILING IN AN ONLINE SHOP:
5.(1) The RODO Regulation requires 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 those cases, relevant information on the modalities of
such decision-making, as well as on the significance and the envisaged 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.
5.2nd Administrator can use profiling in the Internet Shop for direct marketing purposes, but decisions made on its basis by the Administrator do not concern conclusion or refusal of Sales Agreement or possibility of using Electronic Services in the Internet Shop. The effect of using profiling in the Internet Shop may be e.g. granting a given person a discount, sending him/her a discount code, reminding him/her about unfinished shopping, sending a proposal of a Product, which may correspond to interests or preferences of a given person or offering better conditions in comparison with the standard offer of the Internet Shop. Despite the profiling, it is the person who freely decides whether he or she wants to use the discount received in this way or better conditions and make a purchase in the Internet Shop.
5.(3) Profiling in the Internet Shop consists in automatic analysis or forecast of a given person's behaviour on the website of the Internet Shop, e.g. by adding a particular Product to the basket, browsing the website of a particular Product in the Internet Shop or by analysing the history of purchases made in the Internet Shop so far. The condition of such profiling is possession by the Administrator of the given person's personal data in order to be able to send him/her e.g. a discount code.
5.(4) The data subject shall have the right not to be subject to a decision which is based solely on automated processing, including profiling, and produces legal effects concerning him or her or significantly affects him or her in a similar manner.
6. THE 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 his/her personal data, their rectification, erasure ("right to be forgotten") or restriction of processing and has the right to object to the processing and has the right to portability of his/her data. Detailed conditions for exercising the aforementioned rights are set out in Articles 15-21 of the RODO Regulation.
6.Right to withdraw consent at any time - the person whose data are processed by the Administrator 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 legality of the processing performed on the basis of consent before its withdrawal.
6.(3) The 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 according to the procedure specified in the provisions of the RODO Regulation and Polish law, in particular the Act on Personal Data Protection. The supervisory authority in Poland is the President of the Office for Personal Data Protection.
6.(4) Right to object - The data subject shall have 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 under these provisions. The controller shall in that case no longer be permitted to process those personal data unless the controller demonstrates 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.
6.5. right to object to direct marketing - where personal data are processed for the purposes of direct marketing, the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing, including profiling, insofar as the processing is related to such direct marketing.
6.6th In order to exercise the rights referred to in this section of the privacy policy, you can contact the Administrator by sending a relevant message in writing or by e-mail to the address of the Administrator indicated at the beginning of the privacy policy or by using the contact form available at the website of the Internet Shop.
7. COOKIES IN THE WEBSHOP AND ANALYTICS:
7.1st Cookies are small information in the form of text files sent by the server and stored on the side of the person visiting the website of the Online Store (e.g. on the hard drive of your computer, laptop or smartphone memory card - depending on the device used by the visitor to our Online Store). 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.The Administrator may process the data contained in cookies when visitors use the website of the Online Store for the following purposes:
7.2.1. identifying Customers as logged in to the Online Shop and showing that they are logged in;
7.2.2. remembering the Products added to the basket in order to place an Order;
7.2.3. saving data from completed Order Forms, surveys or login data to the Online Store;
7.2.4. adaptation of the content of the Internet Shop to the individual preferences of the Customer (e.g. as regards colours, font size, page layout) and optimisation of the use of the Internet Shop pages;
7.2.5. keep anonymous statistics showing the manner of use of the Internet Shop website;
7.2.6. remarketing, i.e. studying 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 Facebook Ireland Ltd.
7.By default, most web browsers available on the market accept the storage of cookies. You can determine the conditions for the use of cookies through the
settings of your web browser. This means that you can, for example, partially restrict (e.g. temporarily) or completely disable the storage of 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 follow the path of the Order through the Order Form due to failure to store the Products in the basket during the subsequent steps of submitting the Order).
7.4th Internet browser settings regarding cookies are important from the point of view of consent to the use of cookies by our Online Store - in accordance with the law, such consent can also be expressed through the browser settings. In the absence of such consent, the settings of the Internet browser concerning
Cookies shall be changed accordingly.
7.Detailed information about changing the settings for cookies and their individual deletion in the most popular web browsers are available
in the help section of your browser and on the following sites (just click
on the link): in Chrome browser in Firefox browser in Internet Explore browser in
Opera browser in Safar browser in Microsoft Edge browser
8. FINAL PROVISIONS:
8.The Internet Shop may contain links to other websites. The Administrator encourages to familiarize with the privacy policy of the other websites. This privacy policy applies only to the Administrator's Internet Shop.