Privacy policy
PRIVACY POLICY
PRIVACY POLICY OF LASPLUMAS.EU ONLINE STORE
TABLE OF 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
1. GENERAL PROVISIONS
1.1 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 duration 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.
1.2 The Administrator of the personal data collected through the Internet Shop is PIOTR KANIA conducting business under the name BASKAN PIOTR KANIA entered in the Central Register and Information on Business Activity of the Republic of Poland conducted by the Minister competent for economy, having: address of place of business and address for delivery: ul. Leśna 34, 05-532 Pilawa, NIP 9512181630, REGON 146735754, e-mail address: office@lasplumas.eu, telephone number: 505 893 363 - hereinafter referred to as the "Administrator" and being both the Service Provider of the Online Store and the Seller.
1.3 Personal data in the Online Store is 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 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 Ordinance: http://eur-lex.europa.eu/legal-content/PL/TXT/?uri=CELEX%3A32016R0679
1.4 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) conclusion of 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 Contract or an agreement for the provision of Electronic Services with the Administrator results in the impossibility of concluding such a contract. The provision of 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 is obliged to provide the required data. Each time the scope of data required to conclude a contract is indicated beforehand on the website of the Online Store and in the Terms and Conditions of the Online Store; (2) the Administrator's statutory obligations - providing personal data is a statutory requirement resulting from generally applicable laws imposing an obligation on the Administrator to process personal data (e.g. processing of data for tax or accounting purposes), and failure to provide such data will prevent the Administrator from fulfilling these obligations.
1.5 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 specified, 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 persons to whom they relate for no longer than necessary to achieve the purpose of 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.
1.6 Taking into account the nature, scope, context and purposes of the processing and the risk of violation of the rights or freedoms of natural persons of different probability and severity, the Administrator shall implement appropriate technical and organizational measures for the processing to be 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 unauthorized persons from obtaining and modifying, personal data sent electronically.
1.7 All words, phrases and acronyms appearing in this privacy policy and beginning with a capital letter (e.g., Seller, Online Store, Electronic Service) shall be understood in accordance with their definition in the Terms and Conditions of the Online Store available on the pages of the Online Store.
2. GROUNDS FOR DATA PROCESSING
2.1 The Administrator shall be 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 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 action 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.
2.2 The processing of personal data by the Controller shall require 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.
3. PURPOSE, BASIS AND PERIOD OF DATA PROCESSING IN THE ONLINE STORE
3.1 In each case, the purpose, basis and period and recipients of personal data processed by the Administrator shall result from the activities undertaken by a given Service Recipient or Customer 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.
3.2 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:
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Purpose of data processing |
Legal basis for data processing |
Data retention period |
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Execution of a Sales Contract or an agreement for the provision of an Electronic Service, or to take action at the request of the data subject prior to the conclusion of the aforementioned contracts |
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 contracts |
The data are stored for the period necessary to execute, terminate or otherwise expire the concluded Sales Agreement or Electronic Service Agreement. |
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Direct marketing |
Article 6(1)(f) of the RODO Regulation (legitimate interest of the Administrator) - the processing is necessary for the purposes of the Administrator's legitimate interests - consisting of taking care of the interests and good image of the Administrator, its Online Store and striving to sell Products |
The data shall be stored for the period of existence of the legitimate interest pursued by the Administrator, but no longer than the statute of limitations for the Administrator's claims against the data subject on account of 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). The Administrator may not process data for direct marketing purposes in the event of an effective objection in this regard by the data subject. |
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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 Controller |
The data is stored until the data subject withdraws his consent to further processing of his data for this purpose. |
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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/her personal data for the purpose of expressing an opinion |
The data is stored until the data subject withdraws his consent to further processing of his data for this purpose. |
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Keeping the tax books |
Article 6(1)(c) of the RODO Regulation in connection with Article 86 § 1 of the Tax Ordinance, i.e. of January 17, 2017. (Journal of Laws of 2017, item 201 as amended) - processing is necessary to fulfill a legal obligation of the Administrator |
The data are kept for the period required by law mandating the Administrator to keep tax books (until the expiration of the statute of limitations on tax liability, unless otherwise provided by tax laws). |
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Determining, asserting or defending claims that the Administrator may assert or that may be asserted against the Administrator |
Article 6(1)(f) of the RODO Regulation (legitimate interest of the Administrator) - processing is necessary for the purposes of the Administrator's legitimate interests - consisting of establishing, asserting or defending claims that the Administrator may raise or that may be raised against the Administrator |
The data are kept for the period of existence of the legitimate interest pursued by the Administrator, but no longer than for the period of limitation of claims that may be raised against the Administrator (the basic limitation period for claims against the Administrator is six years). |
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Using the website of the Online Store and ensuring its proper operation |
Article 6(1)(f) of the RODO Regulation (legitimate interest of the Administrator) - processing is necessary for the purposes of the Administrator's legitimate interests - consisting of running and maintaining the Online Store website |
The data shall be stored for the period of existence of the legitimate interest pursued by the Administrator, but no longer than the statute of limitations for the Administrator's claims against the data subject on account of 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 the Sales Agreement it is two years). |
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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 of the Administrator's legitimate interests - consisting of 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 shall be stored for the period of existence of the legitimate interest pursued by the Administrator, but no longer than the statute of limitations for the Administrator's claims against the data subject on account of 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 two years for the Sales Agreement). |
4. RECIPIENTS OF DATA IN THE ONLINE STORE
4.1 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.
4.2 The 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 a 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 data will not be transferred to the carrier cooperating with the Administrator.
4.3 Personal data of Service Recipients and Customers of the Online Store may be transferred to the following recipients or categories of recipients:
4.3.1. carriers / forwarders / courier brokers / entities handling the warehouse and/or shipping process - in the case of a Customer who uses the method of delivery of a Product by mail or courier in the Online Store, the Administrator makes the collected personal data of the Customer available to the selected carrier, forwarder or broker performing shipments on behalf of the Administrator, and if the shipment is made from an external warehouse - to the entity handling the warehouse and/or shipping process - to the extent necessary to complete the delivery of the Product to the Customer.
4.3.2. entities handling electronic or credit card payments - in the case of a Customer who uses the method of electronic or credit card payments 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.
4.3.3. providers of accounting, legal and advisory services providing accounting, legal or advisory support to the Administrator (in particular, an accounting office, law firm or debt collection company) - the Administrator shall make the collected personal data of the Customer available to a selected provider acting on the Administrator's order only in the case and to the extent necessary to realize the given purpose of data processing in accordance with this Privacy Policy.
4.3.4. providers of social plug-ins, scripts and other similar tools placed on the website of the Online Store that allow the browser of the visitor to the website of the Online Store to retrieve content from the providers of the said plug-ins (e.g., logging in using the login data of a social network) and transfer the personal data of the visitor to these providers for this purpose, including:
4.3.4.1 Facebook Ireland Ltd. - The Administrator uses Facebook social plug-ins on the website of the Online Store (e.g. Like button, Share or logging in 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 Customer has a Facebook account and is logged into Facebook).
5. PROFILING IN THE ONLINE STORE
5.1 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 Controller provides information on possible profiling in this section of the privacy policy.
5.2 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 person who freely decides whether he/she will want to take advantage of the discount received in this way or better terms and conditions and make a purchase from the Online Store.
5.3 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 particular Product to the shopping cart, browsing the page of a particular 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.
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 with respect to that person or in a similar manner materially affects that person.
6. RIGHTS OF THE DATA SUBJECT
6.1 Right of access, rectification, restriction, erasure or portability - the data subject has the right to demand 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.
6.2 Right to withdraw consent at any time - a person whose data is processed by the Controller 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.
6.3 Right to lodge a complaint to 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 Ordinance 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.
6.4 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.
6.5 Right to object to direct marketing - If personal data are processed for direct marketing purposes, the data subject shall have the right to object at any time to the processing of personal data concerning him/her for such marketing, including profiling, to the extent that the processing is related to such direct marketing.
6.6 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.
7. ONLINE STORE COOKIES AND ANALYTICS
7.1 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.
7.2 Cookies that can be sent by the Online Store website can be divided into different types, according to the following criteria:
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Due to their storage period on the device of the person visiting the website of the Internet Shop: session files (stored until logging out of the Internet Shop or switching 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 (allowing to adjust the page of the Internet Shop to the preferences of the person visiting the site), analytical and performance (gathering information about the 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 |
7.3 The Administrator may process the data contained in cookies when visitors use the website of the Online Store for the following specific purposes:
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Purposes of using cookies on 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) |
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remembering Products added to the shopping cart in order to place an Order (cookies necessary) |
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storing data from completed Order Forms, surveys or login data to the Online Store (essential and/or functional/preference cookies) |
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adapting the content of the Internet Shop's website to the 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) |
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keeping anonymous statistics showing how the website of the Internet Shop is used (statistical cookies) |
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remarketing, that is, studying the behavioral characteristics of visitors to the Online Store through anonymous analysis of their activities (e.g., repeated visits to certain pages, keywords, etc.) in order to create their profile and provide them with advertisements tailored to their anticipated interests, including when they visit other websites in the advertising network of Google Ireland Ltd. and Facebook Ireland Ltd. (marketing, advertising and social networking cookies) |
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7.4 It is possible to check in the most popular web browsers which cookies (including the period of cookies and their provider) are sent at a given time by the website of the Online Store as follows:
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In Chrome browser:
In the Opera browser:
In Internet Explorer: |
In Firefox browser:
In Safari browser:
Regardless of the browser, using tools available, for example, at: https://www.cookiemetrix.com/ or: https://www.cookie-checker.com/ |
7.5 By default, most web browsers available on the market accept the storage of Cookies by default. Everyone has the ability to determine the conditions of 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 path of the Order through the Order Form due to not remembering the Products in the shopping cart during the subsequent steps of placing the Order).
7.6 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 Chrome
in Firefox
in Internet Explorer
in Opera
in Safari browser
in Microsoft Edge browser
7.7 The Administrator may use Google Analytics, Universal Analytics services provided by Google Ireland Limited (Gordon House, Barrow Street, Dublin 4, Ireland) on the Online Store. 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. When using the above services on the Online Store, the Administrator 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.
7.8 It is possible for a person to easily block the sharing of information to Google Analytics about his/her activity on the website of the Online Store - 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 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 take, 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.
7.10. You can manage the operation of the Facebook Pixel through the advertising settings in your Facebook.com account: https://www.facebook.com/ads/preferences/?entry_product=ad_settings_screen.
8. FINAL PROVISIONS
8.1 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.