GDPR
1. GENERAL PROVISIONS
1.1. This privacy policy of the Online Store is for informational purposes, which means that it does not constitute a source of obligations for Service Recipients or Customers of the Online Store. The privacy policy primarily contains the rules regarding the processing of personal data by the Administrator in the Online Store, including the basis, purposes and period of personal data processing and the rights of data subjects, as well as information on the use of cookies and analytical tools in the Online Store.
1.2. The administrator of personal data collected via the Online Store is UPTREND POLAND SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office in Łazy (registered office and delivery address: ul. Przyszłości 21, 05-552 Łazy); entered into the Register of Entrepreneurs of the National Court Register under KRS number 0000798065; registry court where the company’s documentation is kept: District Court for the Capital City of Warsaw Warsaw in Warsaw, 14th Commercial Division of the National Court Register; share capital in the amount of: PLN 10,000; NIP: 1231446156; REGON: 384063550, e-mail address: info@uptrend.pl and contact telephone number: 783642091 – hereinafter referred to as the “Administrator” and being at the same time the Online Store Service Provider and the Seller.
1.3. Personal data in the Online Store are processed by the Administrator 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 free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation) – 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. Using the Online Store, including making purchases, is voluntary. Similarly, the provision of personal data by the Service User or Customer using the Online Store is voluntary, subject to two exceptions: (1) concluding contracts with the Administrator – failure to provide it in the cases and to the extent indicated on the Online Store website and in the Online Store Regulations and this privacy policy personal data necessary to conclude and perform the Sales Agreement or the contract for the provision of Electronic Services with the Administrator results in the inability to conclude this contract. In such a case, providing personal data is a contractual requirement and if the data subject wants to conclude a contract with the Administrator, he or she is obliged to provide the required data. Each time, the scope of data required to conclude a contract is previously indicated on the Online Store website and in the Online Store Regulations; (2) statutory obligations of the Administrator – providing personal data is a statutory requirement resulting from generally applicable legal provisions imposing an obligation on the Administrator to process personal data (e.g. data processing 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 Administrator takes special care to protect the interests of persons whose personal data he processes, and in particular he is responsible and ensures that the data collected by him are: (1) processed in accordance with the law; (2) collected for specified lawful purposes and not subjected to further processing that is incompatible with those purposes; (3) substantively correct and adequate in relation to the purposes for which they are processed; (4) stored in a form enabling identification of data subjects for 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 means.
1.6. Taking into account the nature, scope, context and purposes of processing as well as the risk of violating the rights and freedoms of natural persons with varying probability and severity of threat, the Administrator implements appropriate technical and organizational measures to ensure that processing takes place in accordance with the GDPR Regulation and to be able to demonstrate this. These measures are reviewed and updated as necessary. The Administrator uses technical measures to prevent unauthorized persons from obtaining and modifying personal data sent 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 definition contained in the Online Store Regulations available on the Online Store website.
2. BASIS OF DATA PROCESSING
2.1. The administrator is entitled to process personal data in cases where and to the extent that at least one of the following conditions is met: (1) the data subject has consented to the processing of his or her personal data for one or more specific purposes. ; (2) processing is necessary for the performance of a contract to which the data subject is party or to take steps at the request of the data subject before concluding the contract; (3) processing is necessary to fulfill the legal obligation imposed 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 such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data , in particular when the data subject is a child.
2.2. The processing of personal data by the Administrator requires each time at least one of the grounds indicated in point. 2.1 privacy policy. The specific basis for the processing of personal data of Service Recipients and Online Store Customers by the Administrator is indicated in the next point of the privacy policy – in relation to the given purpose of processing personal data by the Administrator.
3. PURPOSE, BASIS AND PERIOD OF DATA PROCESSING IN THE ONLINE STORE
3.1. Each time, the purpose, basis and period as well as the recipients of personal data processed by the Administrator result from the actions taken by a given Service Recipient or Customer in the Online Store or by the Administrator. For example, if the Customer decides to make purchases in the Online Store and chooses personal collection of the purchased Product instead of a courier shipment, his or 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 carrying out the shipment on behalf of the Administrator.
4. RECIPIENTS OF DATA IN THE ONLINE STORE
4.1. For the proper functioning of the 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. software supplier, courier or payment processor). The Administrator only uses the services of such processors who provide sufficient guarantees of implementing 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 Administrator to a third country, and the Administrator ensures that in such a case it will be done in relation to a country ensuring an adequate level of protection – in accordance with the GDPR Regulation, and in the case of other countries that the transfer will take place on the basis of standard data protection clauses. The administrator ensures that the data subject has the opportunity to obtain a copy of his or her data. The Administrator transfers the collected personal data only in the case and to the extent necessary to achieve the given purpose of data processing in accordance with this privacy policy.
4.3. Data is not transferred by the Administrator 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 to achieve a given purpose of personal data processing and only to the extent necessary to achieve it. For example, if the Customer uses personal collection, his data will not be transferred to the carrier cooperating with the Administrator.
4.4. Personal data of Service Recipients and Customers of the Online Store may be transferred to the following recipients or categories of recipients:
1.1.1. carriers / forwarders / courier brokers / entities handling 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 Administrator makes the Customer’s collected personal data available to the selected carrier, forwarder or intermediary carrying out the shipment on the Administrator’s order, and if the shipment takes place from an external warehouse – to the entity handling the warehouse and/or the shipping process – to the extent necessary to deliver the Product to the Customer.
1.1.2. entities handling electronic or payment card payments – in the case of a Customer who uses the electronic or payment card payment method in the Online Store, the Administrator provides the Customer’s collected personal data to the selected entity handling the above payments in the Online Store at the request of the Administrator to the extent necessary to handle payments made by Customer.
1.1.3. providers of the opinion survey system – in the case of a Customer who has agreed to express an opinion on the concluded Sales Agreement, the Administrator makes the Customer’s collected personal data available to the selected entity providing the system of opinion surveys on the concluded Sales Agreements in the Online Store at the request of the Administrator to the extent necessary for the Customer to express an opinion on the concluded Sales Agreement. using the opinion survey system.
1.1.4. service providers supplying the Administrator with technical, IT and organizational solutions enabling the Administrator to conduct business activities, including the Online Store and the Electronic Services provided through it (in particular suppliers of computer software for running the Online Store, providers of e-mail and hosting and providers of management software company and providing technical assistance to the Administrator) – the Administrator 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.
1.1.5. providers of accounting, legal and advisory services providing the Administrator with accounting, legal or advisory support (in particular an accounting office, law firm or debt collection company) – the Administrator 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 complete a given task. the purpose of data processing in accordance with this privacy policy.
1.1.6. providers of social plug-ins, scripts and other similar tools placed on the Online Store’s website that enable the browser of a person visiting the Online Store’s website to download content from the providers of the mentioned plug-ins (e.g. logging in using login details to a social networking site) and transmitting the visitor’s personal data to these providers for this purpose , including:
1.1.6.1. Meta Platforms Ireland Ltd. – The Administrator uses Facebook social plug-ins on the Online Store website (e.g. Like button, Share or logging in using Facebook login details) and therefore collects and shares personal data of the Service User using the Store website Internet to Meta Platforms Ireland Ltd. (4 Grand Canal Square, Grand Canal Harbour, Dublin 2 Ireland) to the extent and in accordance with the privacy principles available here: https://www.facebook.com/about/privacy/ (this data includes information about activities on the Online Store website – including information about the device, visited websites, purchases, displayed advertisements and how to use the services – regardless of whether the Service User has a Facebook account and is logged in to Facebook).
5. PROFILING IN THE ONLINE STORE
5.1. The GDPR requires the Administrator to provide information about automated decision-making, including profiling, as referred to in Art. 22 section 1 and 4 of the GDPR, and – at least in these cases – important information about the principles of their implementation, as well as the importance and expected consequences of such processing for the data subject. With this in mind, the Administrator provides information regarding possible profiling in this point of the privacy policy.
5.2. The Administrator may use profiling in the Online Store for direct marketing purposes, but 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 in the Online Store. The effect of using profiling in the Online Store may be, for example, granting a given person a discount, sending him a discount code, reminding him about unfinished purchases, sending a Product proposal that may correspond to the interests or preferences of a given person or proposing better conditions compared to the standard offer of the Online Store. . Despite profiling, a given person can freely decide whether he or she wants to take advantage of the discount obtained in this way or better conditions and make a purchase in the Online Store.
5.3. Profiling in the Online Store involves the automatic analysis or forecast of a person’s behavior on the Online Store’s website, e.g. by adding a specific Product to the 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 a given person in order to be able to send him, for example, a discount code.
5.4. 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 concerning him or her or similarly significantly affects him or her.
6. RIGHTS OF THE DATA SUBJECT
6.1. The right of access, rectification, restriction, deletion or transfer – the data subject has the right to request from the Administrator access to his or her personal data, rectification, deletion (“right to be forgotten”) or limitation of processing and the right to object to processing, and also has the right to transfer his data. Detailed conditions for exercising the above-mentioned rights are indicated in Art. 15-21 of the GDPR Regulations.
6.2. The right to withdraw consent at any time – a person whose data is processed by the Administrator on the basis of consent (pursuant to Article 6(1)(a) or Art. 9 section 2 letter a) of the GDPR), has the right to withdraw consent at any time without affecting the lawfulness of the processing carried out on the basis of consent before its withdrawal.
6.3. The right to lodge a complaint with the supervisory authority – the person whose data is processed by the Administrator has the right to lodge a complaint with the supervisory authority in the manner and manner specified in the provisions of the GDPR Regulation 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. The 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 his or her personal data based on Art. 6 section 1 letter 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 legally justified grounds for processing, overriding the interests, rights and freedoms of the data subject, or grounds for establishing, pursuing or defending claims.
6.5. The right to object to direct marketing – if 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 his or her personal data for the purposes of such marketing, including profiling, to the extent that what 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 text information in the form of text files, sent by the server and saved on the side of the person visiting the Online Store website (e.g. on the hard drive of a computer, laptop or on the memory card of a smartphone – depending on the device used). visitors to our Online Store). Detailed information on cookies, as well as the history of their creation, can be found, among others, at: here: https://pl.wikipedia.org/wiki/HTTP_cookie.
7.2. Cookies that can be sent by the Online Store website can be divided into different types.
7.3. The Administrator may process data contained in Cookies when visitors use the Online Store website.
7.4. Checking in the most popular web browsers what Cookies (including the period of operation of Cookies and their provider) are currently being sent by the Online Store website.
7.5. By default, most web browsers available on the market accept cookies. Everyone can define the conditions for the use of cookies using the settings of their own web browser. This means that you can, for example, partially limit (e.g. temporarily) or completely disable the ability to save Cookies – in the latter case, however, it may affect some functionalities of the Online Store (for example, it may be impossible to complete the Order path through the Order Form due to not remembering the Products in the basket during subsequent steps of placing an Order).
7.6. 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 regulations, such consent may also be expressed through the Internet browser settings. Detailed information on changing Cookie settings and deleting them yourself in the most popular web browsers is available in the browser’s help section and on the following websites (just click on the link):in Chrome
in Firefox
in Internet Explorer
in the Opera browser
in Safari browser
in Microsoft Edge browser
7.7. The Administrator may use the Google Analytics and Universal Analytics services provided by Google Ireland Limited (Gordon House, Barrow Street, Dublin 4, Ireland) in the Online Store. These services help the Administrator keep statistics and analyze traffic in the Online Store. The collected data is processed as part of the above services to generate statistics helpful in administering the Online Store and analyzing traffic in the Online Store. This data is aggregated. Using the above services in the Online Store, the Administrator collects data such as the sources and medium of obtaining people visiting the Online Store and how they behave on the Online Store’s website, information about the devices and browsers from which they visit the website, IP and domain, geographical data and demographic data ( age, gender) and interests.
7.8. It is possible for a given person to easily block information about their activity on the Online Store’s website from being made available 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.
7.9. Due to the possibility for the Administrator to use advertising and analytical services provided by Google Ireland Ltd. in the Online Store, the Administrator indicates that full information on the principles of processing data of persons visiting the Online Store (including information saved in Cookies) by Google Ireland Ltd. can be found in the privacy policy of Google services available at: https://policies.google.com/technologies/partner-sites.
8. FINAL PROVISIONS
8.1. The Online Store may contain links to other websites. The Administrator encourages you to read the privacy policy established there after going to other websites. This privacy policy applies only to the Administrator’s Online Store.
