OF STOKMED.PL INTERNET STORE
TABLE OF CONTENTS:
- GENERAL PROVISIONS
- BASIS OF DATA PROCESSING
- PURPOSE, BASIS, PERIOD AND SCOPE OF DATA PROCESSING IN STOKMED’S ONLINE STORE
- DATA RECIPIENTS IN STOKMED’S ONLINE STORE
- PROFILING IN STOKMED’S ONLINE STORE
- RIGHTS OF THE DATA SUBJECT
- COOKIES IN THE ONLINE STORE, PERFORMANCE DATA AND ANALYTICS
- FINAL PROVISIONS
1. General Provisions
1.2. The administrator of personal data collected via the Online Store is PRZEMYSŁAW STOKOWSKI owner of company STOKMED PRZEMYSŁAW STOKOWSKI (“Stokmed”) registered in the National Official Register of Business Entities in the Republic of Poland, under number REGON 300806225, with registered office at ul. Wysogotowska 100, 62-081 Przeźmierowo, Poland and with delivery address at ul. Budowlanych 14, 62-081 Baranowo, Poland; and Tax number NIP PL6652236269 - hereinafter referred to as “the Administrator" and being at the same time Seller and Service Provider of the Online Store.
It is possible to reach Stokmed company under e-mail address: email@example.com and telephone number: 61 650 39 00.
1.3. Personal data in the Online Store are processed by the Administrator in accordance with applicable law, in particular in accordance with ordinance of the European Parliament and of the Council Regulation (EU) 2016/679 from 27 April 2016 - regarding protection of individuals with regard to processing of their personal data and on free movement of such data - and repealing Directive 95/46/EC (General Data Protection Directive) - hereinafter referred to as "GDPR" or "GDPR Regulation”. The official text of the GDPR Regulation: http://eur-lex.europa.eu/legal-content/PL/TXT/?uri=CELEX%3A32016R0679
1.4. Usage of Online Store, including making purchases, is voluntary. Similarly, provision of personal data by the Service User or Customer using the Online Store is voluntary and subject to two exceptions:
(2) statutory obligations of the Administrator - providing personal data is a statutory requirement resulting from generally applicable legal provisions requiring the Administrator to process personal data (e.g. data processing for 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 particular care to protect the interests of persons whose personal data are processed by him and in particular is responsible and ensures that the data collected by him are: (1) Processed in accordance with law; (2) Collected for specified, lawful purposes and not subjected to further processing incompatible with these purposes; (3) Substantially correct and adequate in relation to the purposes for which they are processed; (4) Stored in a form enabling the identification of persons to whom they relate, no longer than it is necessary to achieve the purpose of processing and (5) processed in a manner ensuring adequate security of personal data, including protection against unauthorised or unlawful processing and 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 violating the rights or freedoms of persons with different probability and severity of threat, the Administrator implements appropriate technical and organisational measures so that the processing takes place in accordance with this regulation and is able to demonstrate it. These measures are reviewed and updated when necessary. The administrator uses technical measures to prevent the acquisition and modification by unauthorised persons of personal data sent electronically.
2. Basis of Data Processing
2.1. The Administrator is entitled to process personal data in cases where - and to extent that - at least one of the following conditions is met: (1) the data subject has consented to the processing of his personal data for one or more specific purposes ; (2) processing is necessary for the execution of a contract to which party is the data subject or to take steps at the request of the data subject prior undertaking a contract; (3) processing is necessary to fulfil the legal obligation incumbent on the Administrator; or (4) processing is necessary for the purposes of the legitimate interests pursued by the Administrator or by a third party, except where these interests are overridden by the interests or fundamental rights and freedoms of the data subject, requiring the protection of personal data, in particular when the data subject is a child.
3. Purpose, Basis, Period and Scope of Data Processing in Stokmed’s online store
3.1. Each time the purpose, basis, period, scope and recipients of personal data processed by the Administrator results from actions taken by a given Service User or Customer in Stokmed’s Online Store. For example: if a Customer decides to make purchases in the Online Store and chooses personal collection of the purchased Product instead of courier delivery, his personal data will be processed in order to perform the concluded Sales Agreement, but will no longer be made available to the carrier performing the shipment at the request of the Administrator.
3.2. The Administrator may process personal data in the Stokmed’s Online Store for following purposes, on following grounds and within periods and in the following ranges:
|Purpose of data processing||Legal basis for processing and period of data storage||Scope of processed data|
|Execution of Sales Agreement or Contract for initiate Electronic Services or actions taken at the request of data subject, before agreeing on above-mentioned contracts||Article 6 par.1 letter b) GDPR Regulations (execution of contract) Data is stored for period necessary to perform or terminate concluded contract.||Maximum range: name and surname; e-mail address; contact telephone number; delivery address (street, house number, apartment number, zip code, city, country), address of residence / business / seat (if different from the delivery address).In the case of Service Recipients or Customers who are legal entities, the Administrator may additionally process the company name and tax identification number (NIP) of the Service Recipient or Customer.The specified scope is maximum. In case of e.g. personal collection, it is not necessary to provide the delivery address.|
|Direct Marketing||Article 6, par.1, letter f) of the GDPR Regulation (legitimate interest of the controller)Data are stored for the duration of the legitimate interest pursued by the Administrator, but no longer than for the period of limitation of claims against the data’s subject due to the business activity conducted by the Administrator. The limitation period is determined by law, in particular the Civil Code (basic limitation period for claims related to running a business is three years and for a sales contract - two years).The administrator cannot process data for the purpose of direct marketing in the event of an effective objection in this regard by the data’s subject.||E-mail address|
|Marketing||Article 6, par 1, letter a) of the GDPR Regulation (agreement)Data are stored until data’s subject withdraws his consent for further processing of his data for this purpose.||Name, E-mail address|
|Expressing an opinion by the Customer on conducted Sales Agreement||Article 6, par 1, letter a) of the GDPR RegulationData are stored until data’s subject withdraws his consent for further processing of his data for this purpose.||E-mail address|
|Keeping tax records||Article 6, par.1, letter c) of the GDPR in connection with Art. 86 § 1 of the Tax Ordinance, i.e. of January 17, 2017 (Journal of Laws of 2017, item 201).The data is stored for the period required by law requiring the Administrator to store tax books (until the tax liability period expires, unless tax laws states otherwise).||First and last name; address of residence / business / HQ (if different from the delivery address); company name and tax identification number (NIP) of Service User or Customer|
|Determining, investigating or defending claims that may be raised by Administrator or that may be raised against the Administrator||Article 6, par.1, letter f) of the GDPRData are stored for the duration of the legitimate interest pursued by the Administrator, but no longer than for the period of limitation of claims against the data’s subject due to the business activity conducted by the Administrator. The limitation period is determined by law, in particular the Civil Code (basic limitation period for claims related to running a business is three years and for a sales contract - two years).||First and last name; contact telephone number; e-mail address; delivery address (street, house and apartment number, zip code, city, country), address of residence / business / HQ (if different from the delivery address).In the case of Service Users or Customers who are legal entities the Administrator may additionally process company name and tax identification number (NIP) of the Service User or Customer.|
4. Data Recipients in Stokmed’s online store
4.1. For the proper functioning of Stokmed’s Online Store, including the implementation of concluded Sales Agreements, it is necessary for the Administrator to use the services of external entities (such as, e.g. a software provider, carrier or payment handling). The administrator uses only the services and companies which provide sufficient guarantees to implement appropriate technical and organisational measures, so that the processing meets the requirements of the GDPR Regulation and protects the rights of the data subjects..
4.3. Personal data of the Service Users and Customers of Stokmed’s Online Store may be transferred to the following recipients or categories of recipients:
- Carriers / forwarders / courier brokers - in the case of a Customer who uses Stokmed’s Online Store and chooses the method of delivery of Products by post or carrier, the Administrator provides the Customer's collected personal data to a selected carrier, forwarder or intermediary performing shipments at the request of the Administrator to the extent necessary to deliver the Product to the customer.
- Entities handling electronic payments or card payments - in the case when a Customer who uses Stokmed’s Online Store and chooses method of electronic payments or card payment, Administrator provides the Customer's collected personal data to the selected entity servicing payments in Stokmed’s Online Store at the request of the Administrator to the extent necessary to handle payments made by the Customer .
- Suppliers of the opinion poll systems - in the case of a Customer who has agreed to express an opinion on a concluded Sales Agreement, the Administrator provides the Customer's collected personal data to the selected entity providing the opinion poll system on the concluded Sales Agreements in Stokmed’s Online Store at the request of the Administrator to the extent necessary for the Customer to express an opinion for using the opinion poll system.
5. Profiling in Stokmed’s Online Store
5.2. The Administrator may use online profiling for direct marketing purposes in Stokmed’s Online Store, but the decisions made on its basis by the Administrator do not apply to conclusion or refusal to conclude a Sales Agreement or the possibility of using Electronic Services in Stokmed’s Online Store. The effect of using profiling in Online Store may be, for example, granting a given person a discount, sending him a promotional code, reminding about unfinished purchases, sending a Product proposal that may correspond to the interests or preferences of a given person or give better conditions compared to the standard offer displayed in the Online Store. .
Despite profiling, a given person makes a free decision whether he will want to use the rebate received in this way or better conditions and make a purchase in the Online Store.
5.3. Profiling in Stokmed’s Online Store relies on an automatic analysis or forecast of a given person's behaviour on the Online Store website, e.g. by adding a specific Product to the basket, browsing a specific Product page in Online Store, or by analysing the previous history of purchases made in Stokmed’s Online Store. The condition for such profiling is that the Administrator has personal data of a given person in order to be able to send e.g. a promotional code.
5.4. The data subject has right not to be a subject to decision which is based solely on automated processing, including online profiling, and evokes legal effects or similarly significantly affects the person.
6. Rights of The Data Subject
6.1. The right to access, rectify, limit, delete or transfer - the data subject has right to request the Administrator to access their personal data, rectify it, delete ("the right to be forgotten") or limit processing and has the right to object to processing, and also has the right to transfer their data. Detailed conditions for the exercise of the above-mentioned rights are set out in Art. 15-21 of the GDPR Regulation.
6.2. 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 art.6 sec.1 let.a) or art. 9 sec.2 let.a) of the GDPR Regulation), has right to withdraw consent at any time without affecting the lawfulness of the processing which was carried out on the basis of consent before its withdrawal.
6.3. The right to lodge a complaint to the supervisory body - the person whose data is processed by the Administrator has the right to lodge a complaint with the supervisory body in a manner and mode specified in the provisions of the GDPR Regulation and Polish law, in particular the Act on the Protection of Personal Data. The supervisory body in Poland is the President of the Personal Data Protection Office.
6.4. Right to object - the data subject has right to object at any time - for reasons related to his particular situation - to the processing of his personal data based on art. 6 sec.1 let.e) (public interest or tasks) or f) (legitimate interest of the administrator), including profiling based on these provisions. In such a case, the Administrator is no longer allowed to process this personal data, unless he demonstrates the existence of valid legitimate grounds for processing, overriding the interests, rights and freedoms of the data subject or grounds for establishing, investigating or defending claims.
6.5. Right to object to direct marketing - if personal data are processed for direct marketing purposes, the data subject has the right to object at any time to the processing of his personal data for such marketing purposes, including online profiling, to the extent which processing is related to such direct marketing.
7. Cookies In Internet Store, Performance Data and Analytics
7.1. HTTP Cookie (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 website of the Online Store (e.g. on the hard drive of a computer, laptop or on a smartphone's memory card - depending on a device used by visitors to visit Stokmed’s Online Store). Detailed information on cookies as well as the history of their creation can be found among others here: https://en.wikipedia.org/wiki/HTTP_cookie.
7.2. The administrator may process the data contained in cookies when visitors use the Online Store website for the following purposes:
- identifying the Service Users as logged into the Online Store and showing that they are logged in;
- remembering Products added to the basket in order to place an Order;
- remembering data from completed Order Forms, surveys or login details to the Online Store;
- adjusting content of the Online Store website to individual preferences of the Service Recipient (e.g. regarding colors, font size, page layout) and optimising the use of the Online Store websites;
- keeping anonymous statistics showing how to use the Online Store website;
- remarketing, i.e. research on visitors behaviour of the Online Store 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 expected interests also when they visit other websites in the advertising network of Google Ireland Ltd. and Facebook Ireland Ltd.;
7.3. By default, most web browsers available on the market accept saving cookies. Everyone has an option to define the terms of using cookies using settings of their own web browser. This means that you can, for example, partially limit (e.g. temporarily) or completely disable the option of saving Cookies - in the latter case, however, it may affect some functionalities of the Online Store (for example, it may be impossible to pass the Order path through the Order Form due to for not remembering the Products in the basket during the next steps of placing the Order).
7.4. The web browser settings for HTTP cookies are important from the point of view of consent to cookies usage by our Online Store - in accordance with the law, such consent may also be expressed through the settings of the web browser. In the absence of such consent, the browser settings for cookies should be changed accordingly.
7.5. Detailed information about changing cookie settings and their self-removal are available in the help section in the most popular web browsers and can be found on pages displayed below (just click on the link):
7.6. In the Online Store, the Administrator may use Google Analytics, Universal Analytics - services provided by Google Ireland Limited (Gordon House, Barrow St., Dublin 4, Ireland) and The Facebook Pixel service provided by Facebook Ireland Limited (4 Grand Canal Sq., Grand Canal Harbour, Dublin 2, Ireland). These services help the Administrator analyse traffic in the Online Store. Collected data are processed as part of above services in an anonymised way (these are so-called operational data that prevent identification of a person) to generate statistics helpful in administering the Online Store. These data are aggregate and anonymous, i.e. they do not contain identification features (personal data) of visitors to the Online Store website. The Administrator, using above services in the Online Store, collects such data as sources and medium of acquiring visitors to the Online Store and the manner of their behaviour on the Online Store website, information on devices and browsers from which they visit the website, IP and domain, geographic data and demographic data (age, gender) and interests.
7.7. It is possible to easily block Google Analytics from sharing information about its activity on the Online Store website - for this purpose, you can install the browser add-on provided by Google Ireland Ltd. available here:https://tools.google.com/dlpage/gaoptout?hl=en
7.8. The Administrator may use in the Online Store the Facebook Pixel service provided by Facebook Ireland Limited (4 Grand Canal Sq., Grand Canal Harbor, Dublin 2, Ireland). This service helps the Administrator measure effectiveness of advertisements and find out what actions are taken by visitors in the Online Store as well as display relevant advertisements to these people. Detailed information on the operation of Facebook Pixel can be found at the following internet address: https://www.facebook.com/business/help/742478679120153?helpref=page_content.
7.9. Managing all operations of the Facebook Pixel is possible through the ad settings on your Facebook account: https://www.facebook.com/ads/preferences/?entry_product=ad_settings_screen.
8. Final Provisions
Information regarding online dispute resolution pursuant to Art. 14 Para. 1 of the ODR (Online Dispute Resolution Regulation):
The European Commission gives consumers the opportunity to resolve online disputes pursuant to Art. 14 Para. 1 of the ODR on one of their platforms. The platform (http://ec.europa.eu/consumers/odr) serves as a site where consumers can try to reach out-of-court settlements of disputes arising from online purchases and contracts for services.