Privacy policy
PRIVACY POLICY
1. This Privacy Policy sets out the provisions for the processing of personal data obtained through the Kucharekszesc.pl online store (hereinafter referred to as the "Online Store").
2. The owner of the Store and at the same the administrator of data is KUCHAREK SZEŚĆ CIVIL LAW PARTNERSHIP with its registered office in Warszawa (02-778), ul. Filipiny Płykowickiej 46/37, NIP: 9512355142, REGON: 146067206, hereinafter referred to as KUCHAREK SZEŚĆ civil law partnership.
3. Personal data collected by KUCHAREK SZEŚĆ civil law partnership are processed via the Online Store in accordance with the Regulation of the European Parliament and of the Council (EU) 2016/679 of April 27, 2016, on the protection of individuals with regard to the processing of personal data and the free movement of such data and the repeal of Directive 95/46/EC (General Data Protection Regulation), also known as GDPR.
4. KUCHAREK SZEŚĆ civil law partnership exercises due diligence to respect the privacy of customers visiting the Online Store.
§ 2 Type of data processed, purposes, and legal basis
1. KUCHAREK SZEŚĆ civil law partnership collects information of natural persons making legal transactions not directly related to their business activities, natural persons conducting business or professional activity on their own behalf, and natural persons representing legal persons or organizations that are not legal persons, to which the law grants legal capacity, hereinafter jointly referred to as Customers.
2. Personal data of customers is collected in the event of:
a) account registration in the Online Store in order to create an individual account and manage this account and place orders. Legal basis: necessity to perform the contract (Article 6 (1)(b) of the GDPR);
b) placing an order in the Online Store in order to perform the sales contract. Legal basis: necessity to perform the sales contract (Article 6 (1)(b) of the GDPR);
c) subscribing to the newsletter in order to perform the contract the subject of which is the service provided by electronic means. Legal basis - consent of the data subject to perform the contract for the provision of the Newsletter service (Article 6 (1)(a) of the GDPR).
3. In the case of registering an account in the Online Store, the Customer shall provide:
a) e-mail address;
b) address data:
a. postcode and city;
b. street with house/flat number.
c) first and last name;
d) phone number.
4. When registering an account in the Online Store, the Customer shall independently set an individual password to access the account. The Customer may change the password at any time on the terms described in §6.
5. When placing an order in the Online Store, the Customer shall provide the following data:
a) address data:
a. postcode and city;
b. street with house/flat number.
b) phone number.
6. When it comes to Entrepreneurs, the above scope of data is additionally extended by:
a) Entrepreneur’s company name;
b) NIP (tax identification number).
7. In the case of using the Newsletter service, the Customer shall also provide an e-mail address.
8. When using the Store's Website, additional information may be downloaded including the IP address assigned to the Customer's computer or the external IP address of the Internet provider, domain name, browser type, access time, type of operating system.
9. Navigational data may also be collected from Customers, including information about links and references in which they decide to click or other activities undertaken in the Online Store. Legal basis - a legitimate interest (Article 6 (1)(f) of the GDPR), consisting of making use of services provided by electronic means easier and improving the functionality of these services.
10. In order to determine, investigate, and carrying out claims, some personal data provided by the Customer may be processed as part of using the functionality in the Online Store, such as first and last name, data regarding the use of provided services, if the claims result from the manner in which the Customer uses the services, other data necessary to prove the existence of the claim, including the extent of the damage suffered. Legal basis - a legitimate interest (Article 6 (1)(F) of the GDPR), consisting of establishing, pursuing, and carrying out claims and defending against claims in proceedings before courts and other state authorities.
11. Transfer of personal data to KUCHAREK SZEŚĆ civil law partnership is voluntary when it comes to concluded sales contracts or the provision of services via the Store's Website, with the proviso that failure to provide the data specified in the forms in the Registration process prevents Registration and creating a Customer Account, and in when it comes to placing an order without Registering a Customer Account will prevent the submission and implementation of the customer's order.
§ 3 Who is the data shared or entrusted to and how long is it stored?
1. Personal data of the Customer is transferred to service providers of KUCHAREK SZEŚĆ civil law partnership when running the Online Store. Service providers to whom personal data is transferred, depending on contractual arrangements and circumstances, or are subject to the instructions of KUCHAREK SZEŚĆ civil law partnership as to the purposes and methods of processing these data (processing entities) or they independently define the purposes and methods of their processing (administrators).
a) Processing entities. KUCHAREK SZEŚĆ civil law partnership uses services of providers who process personal data only at the request of KUCHAREK SZEŚĆ civil law partnership including providers providing hosting services, accounting services, providing marketing systems, systems for analyzing traffic in the Online Store or systems for analyzing the effectiveness of marketing campaigns;
b) Administrators. KUCHAREK SZEŚĆ civil law partnership uses services of providers who do not act solely on the instructions and set the goals and methods of using Customers' personal data themselves. They provide electronic payment and banking services.
2Location. Service providers are based in Poland and other countries of the European Economic Area (EEA).
3. Personal data of Customers is stored:
a) If the basis for the processing of personal data is consent, then the personal data of the Customer is processed by KUCHAREK SZEŚĆ civil law partnership as long as the consent is not revoked, and after revoking the consent for a period of time corresponding to the period of limitation of claims that may be raised by KUCHAREK SZEŚĆ civil law partnership and claims may be raised against KUCHAREK SZEŚĆ civil law partnership. Unless provided otherwise, the limitation period is six years, and for claims for periodic benefits and claims related to running a business - three years.
b) If the basis for data processing is the performance of the contract, then the personal data of the Customer is processed by KUCHAREK SZEŚĆ civil law partnership for as long as it is necessary to perform the contract, and after that time for a period corresponding to the period of limitation of claims. Unless provided otherwise, the limitation period is six years, and for claims for periodic benefits and claims related to running a business - three years.
4. If the Customer selects payment via the polcard.pl system, his personal data is transferred to the extent necessary for the payment to First Data Polska S.A. with its registered office in Warszawa (00-807 Warszawa, Al. Jerozolimskie 100), entered into the register of entrepreneurs kept by the District Court for the Capital City of Warszawa in Warszawa XIII Commercial Division of the National Court Register under the number KRS 0000061293.
5. The navigation data may be used to provide Customers with better service, analyze statistical data and adjust the Online Store to the preferences of the Customers, as well as administer the Online Store.
6. In the event that the Customer subscribes to the newsletter, KUCHAREK SZEŚĆ civil law partnership will send electronic messages containing commercial information about promotions and new products available in the Online Store to the Customer's e-mail address.
7. In the event of a request from KUCHAREK SZEŚĆ civil law partnership will provide personal data to authorized state authorities, in particular to organizational units of the prosecutor's office, the police, the President of the Office for Personal Data Protection, the President of the Office of Competition and Consumer Protection or the President of the Office of Electronic Communications.
§ 4 Cookie mechanism, IP address
1. The Online Store uses small files known as cookies. They are saved by KUCHAREK SZEŚĆ civil law partnership on the end device of the person visiting the Online Store if the web browser allows for it. The cookie file usually contains the name of the domain it comes from, its "expiry time" and an individual, randomly selected number identifying this file. Information collected using this type of file helps to adjust the products offered by the KUCHAREK SZEŚĆ civil law partnership to the individual preferences and real needs of people visiting the Online Store. Cookie files also enable the development of general statistics of visits to the presented products in the Online Store.
2. KUCHAREK SZEŚĆ civil law partnership uses two types of cookies:
a) Session cookies: after the end of a browser session or turning off the computer, the saved information is deleted from the memory of the device. The mechanism of session cookies does not allow the collection of any personal data or any confidential information from Customers' computers.
b) Persistent cookies: they are stored in the memory of the Customer's end device and remain there until they are deleted or expired. The persistent cookie mechanism does not allow the collection of any personal data or any confidential information from the Customers' computers.
3. KUCHAREK SZEŚĆ civil law partnership uses own cookies for the purpose uses own cookies for the purpose of:
a) Customer authentication in the Online Store and ensuring the Customer's session in the Online Store (after logging in), thanks to which the Customer does not have to re-enter the login and password on each subpage of the Online Store;
b) analysis and research as well as audience audit, and in particular to create anonymous statistics that help to understand how Customers use the Store Website, which allows improving its structure and content.
4. KUCHAREK SZEŚĆ civil law partnership uses own cookies for the purpose uses external cookies for the purpose of:
a) presenting a map showing the location of the KUCHAREK SZEŚĆ civil law partnership office on the Store's information pages using the maps.google.com website (administrator of external cookies: Google Inc. based in the United States);
b) presenting the Reliable Certificate Regulations via the website archiwnyregulamin.pl (administrator of external cookies: Rzetelna Grupa sp.z o.o. based in Warszawa, Poland).
5. The cookie mechanism is safe for the computers of the Online Store Customers. In particular, it is not possible for viruses or other unwanted software or malicious software to get to the Customers' computers. However, in their browsers, Customers have the option to limit or disable the access of cookies to computers. If you use this option, the use of the Online Store will be possible, except for functions that, by their nature, require cookie files.
6. Below we explain how you can change the settings of popular web browsers in the use scope of use of cookie files:
a) Internet Explorer browser;
b) Microsoft EDGE browser;
c) Mozilla Firefox browser;
d) Chrome browser;
e) Safari browser;
f) Opera browser.
7. KUCHAREK SZEŚĆ civil law partnership may collect IP addresses of Customers. An IP address is a number assigned to the computer of a person visiting the Online Store by an internet service provider. The IP number allows access to the Internet. In most cases, it is assigned dynamically to the computer, that is, it changes every time you connect to the Internet. The IP address is used by KUCHAREK SZEŚĆ civil law partnership when diagnosing technical problems with the server, creating statistical analyzes (for example, determining from which regions we have the most visits), as information useful in administering and improving the Online Store, as well as for security purposes and possible identification of unwanted, server overloading automatic programs for content browsing of Online Store.
8. The Online Store contains links and references to other websites. KUCHAREK SZEŚĆ civil law partnership is not responsible for the privacy protection rules that apply to them.
§ 5 Rights of data subjects
1. The right to withdraw consent - legal basis: Article 7 (3) of the GDPR.
a) The Customer has the right to withdraw any consent given to KUCHAREK SZEŚĆ civil law partnership
b) Withdrawal of consent takes effect from the moment the consent is withdrawn.
c) Withdrawal of consent does not affect the processing carried out by KUCHAREK SZEŚĆ civil law partnership in accordance with the law before its withdrawal.
d) Withdrawal of consent does not entail any negative consequences for the Customer, but it may prevent further use of services or functionalities that are legally permitted by KUCHAREK SZEŚĆ civil law partnership can only testify with consent.
2. The right to object to data processing - legal basis: Article 21 of the GDPR.
a) The Customer has the right to object at any time - for reasons related to his particular situation - to the processing of his personal data, including profiling, if KUCHAREK SZEŚĆ civil law partnership processes its data based on a legitimate interest, for example, marketing of KUCHAREK SZEŚĆ civil law partnership's products and services, keeping statistics on the use of individual functionalities of the Online Store and facilitating the use of the Online Store, as well as satisfaction surveys.
b) Withdrawal in the form of an e-mail from receiving marketing messages regarding products or services will mean the Customer's objection to the processing of his personal data, including profiling for these purposes.
c) If the objection of the Customer turns out to be reasonable and justified and KUCHAREK SZEŚĆ civil law partnership will not have any other legal basis for the processing of personal data, the personal data of the Customer will be deleted, the processing of which has been objected to by the Customer.
3. The right to delete data ("the right to be forgotten") - legal basis: Article 17 of the GDPR.
a) The Customer has the right to request the deletion of all or some personal data.
b) The Customer has the right to request the deletion of personal data if:
a. personal data are no longer necessary for the purposes for which they were collected or processed;
b. the Customer withdrew the specific consent to the extent to which personal data were processed based on that consent;
c. the Customer objected to the use of his data for marketing purposes;
d. personal data is processed unlawfully;
e. personal data must be deleted in order to comply with the legal obligation provided for in the European Union law or the law of the Member State to which KUCHAREK SZEŚĆ civil law partnership is subject to;
f. the personal data has been collected in relation to the offering of information society services.
c) Despite the request to delete personal data in connection with the objection or withdrawal of consent, KUCHAREK SZEŚĆ civil law partnership may retain certain personal data to the extent that the processing is necessary to establish, assert or defend claims, as well as to fulfill a legal obligation requiring processing under European Union law or the law of the Member State to which KUCHAREK SZEŚĆ civil law partnership is subject. This particularly applies to personal data including first and last name, e-mail address, which data are kept for the purpose of considering complaints and claims related to the use of services of KUCHAREK SIEŚĆ civil law partnership or additionally the residence/correspondence address, order number, which data are kept for the purpose of considering complaints and claims related to concluded sales contracts or the provision of services.
4. The right to limit data processing - legal basis: Article 18 of the GDPR.
a) The Customer has the right to demand that the processing of his personal data be limited. Submitting a request, until considered, prevents the use of certain functionalities or services, the use of which will involve the processing of data covered by the request. KUCHAREK SZEŚĆ civil law partnership will not send any messages, including marketing ones.
b) The Customer has the right to request the limitation of the use of personal data in the following cases:
a. when he questions the correctness of his personal data - then KUCHAREK SZEŚĆ civil law partnership shall limit their use for the time needed to verify the correctness of data, but not longer than for 7 days;
b. when the processing of data is unlawful, and instead of deleting the data, the Customer will request the restriction of their use;
c. when personal data are no longer necessary for the purposes for which they were collected or used, but they are needed by the Customer to establish, assert or defend claims;
d. when the Customer objected to the use of his data - then the limitation takes place for the time needed to consider whether - due to the special situation - the protection of the Customer's interests, rights, and freedoms outweighs the interests that the Administrator performs when processing the Customer's personal data.
5. The right to access data - legal basis: Article 15 of the GDPR.
a) The Customer has the right to obtain confirmation from the Administrator whether he processes personal data, and if this is the case, the Customer has the right to:
a. get access to his personal data;
b. obtain information about the purposes of the processing, categories of personal data processed, recipients or categories of recipients of these data, the planned period of storage of the personal data of the Customer or the criteria for determining this period (when it is not possible to determine the planned period of data processing), about the rights of the Customer under the GDPR and about the right to file a complaint to the supervisory authority, about the source of this data, about automated decision-making, including profiling, and about the security measures applied in connection with the transfer of this data outside the European Union;
c. obtain a copy of his personal data.
6. The right to rectify data - legal basis: Article 16 of the GDPR.
a) The Customer has the right to request the Administrator to immediately correct his personal data that is incorrect. Taking into account the purposes of the processing, the Customer who is the data subject has the right to request supplementing incomplete personal data, including by submitting an additional statement, directing the request to the e-mail address in accordance with §7 of the Privacy Policy.
7. The right to transfer data - legal basis: Article 20 of the GDPR.
a) The Customer has the right to receive his personal data, which he provided to the Administrator, and then send the data to another personal data administrator of his choice. The Customer also has the right to request that personal data be sent by the Administrator directly to such an administrator, if technically possible. In this case, the Administrator shall send the personal data of the Customer in the form of a CSV file, which is a commonly used, machine-readable format that allows the received data to be sent to another personal data administrator.
8. In the event of the Customer using the right resulting from the above rights, KUCHAREK SZEŚĆ civil law partnership shall meet the request or refuse to meet the request immediately, but not later than within one month after receiving it. However, if - due to the complexity of the request or the number of requests - KUCHAREK SZEŚĆ civil law partnership will not be able to meet the request within a month, it shall meet the request within the next two months, informing the Customer in advance within one month of receiving the request - about the intended extension of the deadline and its reasons.
9. The Customer may submit complaints, inquiries, and requests to the Administrator regarding the processing of his personal data and the exercise of his rights.
10. The Customer has the right to demand KUCHAREK SZEŚĆ civil law partnership to provide copies of standard contractual clauses by directing the inquiry in the manner indicated in §7 of the Privacy Policy.
11. The Customer has the right to file a complaint to the President of the Personal Data Protection Office regarding the violation of his rights to the protection of personal data or other rights granted under the GDPR.
§ 6 Security management - password
1. KUCHAREK SZEŚĆ civil law partnership shall provide the Customers with a secure and encrypted connection when transferring personal data and when logging in to the Customer Account on the Website. KUCHAREK SZEŚĆ civil law partnership uses an SSL certificate issued by one of the world's leading companies in the field of security and encryption of data sent over the Internet.
2. In the event that the Customer who has an account in the Online Store has lost the access password in any way, the Online Store shall allow generating a new password. KUCHAREK SZEŚĆ civil law partnership does not send password reminders. The password is stored in an encrypted form in a way that prevents its reading. In order to generate a new password, please provide your e-mail address in the form available under the link "Forgot your password?", Provided next to the account login form in the Online Store. To the e-mail address provided during registration or saved in the last change of the account profile, the Customer will receive an e-mail containing a redirection to a dedicated form available on the Store's Website, where the Customer will be able to set a new password.
3. KUCHAREK SZEŚĆ civil law partnership never sends any correspondence, including electronic correspondence with a request to provide login details, in particular, the access password to the Customer's account.
§ 7 Changes to the Privacy Policy
1. The Privacy Policy may change as of KUCHAREK SZEŚĆ civil law partnership will inform Customers 7 days in advance.
2. Please send any questions related to the Privacy Policy to the following address: biuro@kucharekszesc.pl
3. Date of the last modification: March 26, 2021.