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Privacy Policy

CONTENTS:

  1. GENERAL PROVISIONS

  2. BASICS OF DATA PROCESSING

  3. PURPOSE, BASIS AND PERIOD OF DATA PROCESSING IN THE ONLINE STORE

  4. RECIPIENTS OF DATA IN THE ONLINE STORE

  5. PROFILING IN AN ONLINE STORE

  6. RIGHTS OF THE DATA SUBJECT

  7. COOKIES IN THE ONLINE STORE AND ANALYTICS

  8. FINAL PROVISIONS

  1. GENERAL PROVISIONS

1.1. This Online Store Privacy Policy is for informational purposes only, meaning it does not constitute a source of obligations for Service Users or Customers of the Online Store. The Privacy Policy primarily contains rules regarding the processing of personal data by the Administrator in the Online Store, including the basis, purposes, and scope 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.

The controller of personal data collected via the Online Store is Marcin Słomiany, running a business under the name MS Business Consulting Marcin Słomiany, entered into the Central Register and Information on Economic Activity of the Republic of Poland, kept by the minister responsible for economic affairs, with: business address and correspondence address: ul. Sienkiewicza 34a, 50-335 Wrocław, NIP 8982140763, REGON 3834340 10, e-mail address: contactmswatches@gmail.com, contact telephone number: +48 533 268 078 – hereinafter referred to as the “Administrator” and being both the Online Store Service Provider and the Seller.

1.2. Personal data in the Online Store are processed by the Controller in accordance with applicable law, in particular 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 the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) – hereinafter referred to as “GDPR” or “GDPR Regulation”. Official text of the GDPR: http://eur-lex.europa.eu/legal-content/PL/TXT/?uri=CELEX%3A32016R0679

Using the Online Store, including making purchases, is voluntary. Similarly, providing personal data by the Service User or Customer using the Online Store is voluntary, subject to two exceptions: (1) entering into contracts with the Controller – failure to provide the personal data required for the conclusion and performance of the Sales Agreement or contract for the provision of Electronic Services with the Controller in the cases and to the extent indicated on the Online Store website and in the Online Store Terms and Conditions and this Privacy Policy will result in the inability to enter into the contract. Providing personal data is a contractual requirement in such a case, and if the data subject wishes to enter into a contract with the Controller, they are obligated to provide the required data. In each case, the scope of data required to conclude the contract is previously indicated on the Online Store website and in the Online Store Terms and Conditions; (2) statutory obligations of the Administrator – providing personal data is a statutory requirement resulting from generally applicable legal provisions imposing on the Administrator the obligation to process personal data (e.g. processing data for the purpose of keeping tax or accounting books) and failure to provide them will prevent the Administrator from fulfilling these obligations.

1.3. The Controller takes special care to protect the interests of the persons whose personal data it processes, and in particular is responsible for and ensures that the data it collects are: (1) processed in accordance with the law; (2) collected for specified, lawful purposes and not subject to further processing incompatible with these purposes; (3) factually correct and adequate in relation to the purposes for which they are processed; (4) stored in a form which allows identification of the persons to whom they relate, no longer than is necessary to achieve the purpose of processing, and (5) processed in a manner that ensures appropriate security of personal data, including protection against unauthorised or unlawful processing and accidental loss, destruction or damage, using appropriate technical or organisational measures.

Taking into account the nature, scope, context, and purposes of processing, as well as the risk of varying likelihood and severity of violations of the rights and freedoms of natural persons, the Controller implements appropriate technical and organizational measures to ensure that processing is carried out in accordance with this Regulation and to be able to demonstrate this. These measures are reviewed and updated as necessary. The Controller implements technical measures to prevent unauthorized access and modification of personal data transmitted electronically.

1.4. All words, phrases 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 definitions contained in the Online Store Regulations available on the Online Store website.

  1. BASICS OF DATA PROCESSING

2.1. The Controller 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 a party or in order to take steps at the request of the data subject prior to entering into a contract; (3) processing is necessary for compliance with a legal obligation to which the Controller is subject; or (4) processing is necessary for the purposes of the 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 the protection of personal data, in particular where the data subject is a child.

The processing of personal data by the Administrator always requires the existence of at least one of the grounds indicated in point 2.1 of the privacy policy. The specific grounds for processing the personal data of Service Users and Customers of the Online Store by the Administrator are indicated in the next point of the privacy policy – ​​in relation to the given purpose of personal data processing by the Administrator.

  1. PURPOSE, BASIS AND PERIOD OF DATA PROCESSING IN THE ONLINE STORE

3.1. Each time, the purpose, basis, period, and recipient of personal data processed by the Controller result from actions taken by a given Service User or Customer in the Online Store or by the Controller. For example, if a Customer decides to make a purchase in the Online Store and chooses personal pickup of the purchased Product instead of courier delivery, their personal data will be processed for the purpose of fulfilling the concluded Sales Agreement, but will no longer be shared with the carrier carrying out shipments on behalf of the Controller.

The Administrator may process personal data within the Online Store for the following purposes, on the basis and during the periods indicated in the table below:

Purpose of data processing

Legal basis for data processing

Data storage period

Execution of a Sales Agreement or an agreement for the provision of Electronic Services or taking action at the request of the data subject before concluding the above-mentioned agreements

Artykuł 6 ust. 1 lit. b) Rozporządzenia RODO (wykonanie umowy) – przetwarzanie jest niezbędne do wykonania umowy, której stroną jest osoba, której dane dotyczą, lub do podjęcia działań na żądanie osoby, której dane dotyczą, przed zawarciem umowy

The data is stored for the period necessary to execute, terminate or otherwise expire the concluded Sales Agreement or contract for the provision of Electronic Services.

Direct marketing

Article 6(1)(f) of the GDPR Regulation (legitimate interest of the controller) – processing is necessary for the purposes arising from the legitimate interests of the Controller – consisting in taking care of the interests and good image of the Controller, its Online Store and striving to sell Products

Data is stored for the duration of the legitimate interest pursued by the Controller, but no longer than the limitation period for the Controller’s claims against the data subject arising from the Controller’s business activities. The limitation period is specified by law, in particular the Civil Code (the basic limitation period for claims related to business activities is three years, and for sales contracts, two years).

The controller may not process data for direct marketing purposes in the event of an effective objection in this respect by the data subject.

Expression of opinion by the Customer on the concluded Sales Agreement

Artykuł 6 ust. 1 lit. a) Rozporządzenia RODO- osoba, której dane dotyczą wyraziła zgodę na przetwarzanie swoich danych osobowych w celu wyrażenia opinii

The data is stored until the data subject withdraws consent to further processing of his or her data for this purpose.

Determining, pursuing or defending claims that may be raised by the Administrator or that may be raised against the Administrator

Article 6(1)(f) of the GDPR Regulation (legitimate interest of the controller) – processing is necessary for the purposes of the legitimate interests of the Controller – consisting in the establishment, exercise or defense of legal claims which may be raised by the Administrator or which may be raised against the Administrator

The data is stored for the duration of the legitimate interest pursued by the Controller, but no longer than the limitation period for claims that may be brought against the Controller (the basic limitation period for claims against the Controller is six years).

Using the Online Store website and ensuring its proper functioning

Article 6(1)(f) of the GDPR Regulation (legitimate interest of the controller) – processing is necessary for the purposes of the legitimate interests of the Controller – consisting in running and maintaining the Online Store website

Data is stored for the duration of the legitimate interest pursued by the Controller, but no longer than the limitation period for the Controller’s claims against the data subject arising from the Controller’s business activities. The limitation period is specified by law, in particular the Civil Code (the basic limitation period for claims related to business activities is three years, and for sales contracts, two years).

Maintaining statistics and analyzing traffic in the Online Store

Article 6(1)(f) of the GDPR Regulation (legitimate interest of the Controller) – processing is necessary for the purposes of the legitimate interests of the Controller – consisting in keeping statistics and analysing traffic in the Online Store in order to improve the functioning of the Online Store and increase sales of Products

Data is stored for the duration of the legitimate interest pursued by the Controller, but no longer than the limitation period for the Controller’s claims against the data subject arising from the Controller’s business activities. The limitation period is specified by law, in particular the Civil Code (the basic limitation period for claims related to business activities is three years, and for sales contracts, two years).

  1. RECIPIENTS OF DATA IN THE ONLINE STORE

4.1. For the proper functioning of the Online Store, including the execution of concluded Sales Agreements, the Controller must use the services of external entities (such as a software provider, courier, or payment processor). The Controller only uses the services of processors who provide sufficient guarantees to implement appropriate technical and organizational measures so that the processing meets the requirements of the GDPR and protects the rights of data subjects.

The Controller does not transfer data in every case, and not to all recipients or categories of recipients indicated in the privacy policy. The Controller transfers data only when it is necessary to fulfill a given personal data processing purpose and only to the extent necessary to fulfill that purpose. For example, if the Customer uses personal pickup, their data will not be transferred to a carrier cooperating with the Controller.

4.2. The personal data of Service Users and Customers of the Online Store may be transferred to the following recipients or categories of recipients:

      1. carriers / forwarders / courier brokers / entities operating 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 Controller makes the collected personal data of the Customer available to the selected carrier, forwarder or intermediary carrying out shipments on behalf of the Controller, and if the shipment is from an external warehouse – to the entity operating the warehouse and/or the shipping process – to the extent necessary to complete the delivery of the Product to the Customer.

      2. entities handling electronic payments or payment cards – in the case of a Customer who uses electronic payments or payment cards in the Online Store, the Administrator makes the collected personal data of the Customer available to the selected entity handling the above payments in the Online Store at the request of the Administrator to the extent necessary to process the payment made by the Customer.

      3. opinion survey system providers – in the case of a Customer who has agreed to express an opinion on the concluded Sales Agreement, the Administrator makes the collected personal data of the Customer available to the selected entity providing the opinion survey system for concluded Sales Agreements in the Online Store at the request of the Administrator to the extent necessary for the Customer to express an opinion using the opinion survey system.

      4. service providers supplying the Controller with technical, IT and organizational solutions enabling the Controller to conduct business activities, including the Online Store and the Electronic Services provided via it (in particular, suppliers of computer software for running the Online Store, e-mail and hosting providers, and suppliers of software for managing the company and providing technical support to the Controller) – the Controller 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.

      5. providers of accounting, legal and advisory services providing the Controller with accounting, legal or advisory support (in particular an accounting office, law firm or debt collection company) – the Controller makes the collected personal data of the Client available to a selected provider 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. RIGHTS OF THE DATA SUBJECT

5.1. The right to access, rectify, restrict, delete or transfer data – the data subject has the right to request from the Controller access to their personal data, rectification, erasure (“the right to be forgotten”), or restriction of processing, and has the right to object to processing, as well as the right to transfer their data. Detailed conditions for exercising the above-mentioned rights are set out in Articles 15-21 of the GDPR.

The right to withdraw consent at any time – osoba, której dane przetwarzane są przez Administratora na podstawie wyrażonej zgody (na podstawie art. 6 ust. 1 lit. a) lub art. 9 ust. 2 lit. a) Rozporządzenia RODO), to ma ona prawo do cofnięcia zgody w dowolnym momencie bez wpływu na zgodność z prawem przetwarzania, którego dokonano na podstawie zgody przed jej cofnięciem.

5.2. The right to lodge a complaint with the supervisory authority – Any person whose data is processed by the Controller has the right to lodge a complaint with a supervisory authority in the manner and procedure 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.

The right to object – the data subject has the right to object at any time – on grounds related to his 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 on the basis of these provisions. In such a case, the Controller is no longer allowed to process this personal data, unless the Controller demonstrates the existence of compelling legitimate grounds for the processing, which override the interests, rights and freedoms of the data subject, or grounds for establishing, exercising or defending claims.

5.3. 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 personal data concerning him or her for the purposes of such marketing, including profiling, to the extent that the processing is related to such direct marketing.

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.

  1. COOKIES IN THE ONLINE STORE AND ANALYTICS

6.1. Cookies are small pieces of information in the form of text files, sent by the server and stored on the website visitor’s side (e.g., on the hard drive of a computer, laptop, or smartphone’s memory card – depending on the device the visitor uses to visit our Online Store). Detailed information about cookies, as well as the history of their creation, can be found here: https://pl.wikipedia.org/wiki/HTTP_cookie.

Cookies that may be sent by the Online Store website can be divided into different types, according to the following criteria:

Due to their supplier:

  1. own (created by the Administrator’s Online Store website) and

  2. belonging to third parties/entities (other than the Administrator)

Due to their storage period on the device of the person visiting the Online Store website:

  1. session (stored until you log out of the Online Store or close your web browser) and

  2. persistent (stored for a specified period of time, defined by the parameters of each file or until manually deleted)

Due to the purpose of their use:

  1. necessary (enabling the proper functioning of the Online Store website),

  2. functional/preferential (enabling customization of the Online Store website to the preferences of the website visitor),

  3. analytical and performance (collecting information on how the Online Store website is used),

  4. marketing, advertising and social media (collecting information about the person visiting the Online Store website in order to display personalized advertisements to that person and conduct other marketing activities, including on websites separate from the Online Store website, such as social networking sites)

6.2. The Administrator may use Google Analytics and Universal Analytics services in the Online Store, provided by Google Ireland Limited (Gordon House, Barrow Street, Dublin 4, Ireland). These services help the Administrator compile statistics and analyze traffic on the Online Store. The collected data is processed as part of the above services to generate statistics that help administer the Online Store and analyze traffic on the Online Store. This data is aggregated. By using the above services in the Online Store, the Administrator collects data such as the sources and means of acquiring visitors to the Online Store, their behavior on the Online Store website, information about the devices and browsers they use to visit the site, IP address and domain, geographic data, demographic data (age, gender), and interests.

  1. FINAL PROVISIONS

7.1. The Online Store may contain links to other websites. The Administrator encourages users to review the privacy policies posted there after visiting other websites. This privacy policy applies only to the Administrator’s Online Store.