PRIVACY POLICY OF THE KUNERT.BABY ONLINE STORE
CONTENTS:
- GENERAL PROVISIONS
- BASIS OF 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
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.
The administrator of personal data collected via the Online Store is KUNERT SPÓŁKA KOMANDYTOWA with its registered office in Borowianka (registered office address and correspondence address: ul. Tartakowa 127, 42-125 Borowianka), entered into the register of entrepreneurs of the National Court Register under the KRS number: 0000770838; registry court where the company's documentation is kept: District Court in Częstochowa, 17th Commercial Division of the National Court Register, NIP 5742067315, REGON 382531419, e-mail address: office@kunert.baby and telephone number: (+48) 662565934 - hereinafter referred to as hereinafter referred to as the "Administrator" and being at the same time the Online Store Service Provider and the Seller.
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
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 accounting books) and failure to provide them will prevent the Administrator from performing these obligations.
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.
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.
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
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.
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
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 in order to execute the concluded Sales Agreement, but will no longer be made available to the carrier carrying out the shipment on behalf of the Administrator.
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 the Sales Agreement or the contract for the provision of Electronic Services or taking action at the request of the data subject before concluding the above-mentioned contracts Article 6 sec. 1 letter b) GDPR Regulations (performance of the contract) - processing is necessary to perform the contract to which the data subject is a party, or to take action at the request of the data subject before concluding the contract. Data is stored for the period necessary to perform, terminate or expiration of the otherwise concluded Sales Agreement or Electronic Service Agreement.
Direct marketing Article 6(1) 1 letter f) GDPR Regulations (legitimate interest of the administrator) - processing is necessary for the purposes of the legitimate interests of the Administrator - consisting in taking care of the interests and good image of the Administrator, his Online Store and striving to sell Products
The data is stored for the duration of the legally justified interest pursued by the Administrator, but no longer than the period of limitation of the Administrator's claims against the data subject in connection with the business activity conducted by the Administrator. The limitation period is determined by legal provisions, in particular the Civil Code (the basic limitation period for claims related to running a business is three years, and for the Sales Agreement - two years).
The administrator may not process data for direct marketing purposes if the data subject expresses an effective objection in this respect.
Marketing Article 6(1) 1 letter a) GDPR Regulations (consent) - the data subject has consented to the processing of his or her personal data for marketing purposes by the Administrator. The data is stored until the data subject withdraws his or her consent to further processing of his or her data for this purpose.
Keeping accounting books Article 6 section 1 letter c) GDPR Regulations in connection with joke. 74 section 2 of the Accounting Act, i.e. of January 30, 2018 (Journal of Laws of 2018, item 395, as amended) - processing is necessary to fulfill the legal obligation imposed on the Administrator. The data is stored for the period required by legal provisions requiring the Administrator to storing accounting books (5 years from the beginning of the year following the financial year to which the data relates).
Establishing, pursuing or defending claims that may be raised by the Administrator or that may be raised against the Administrator. Article 6 sec. 1 letter f) GDPR Regulations (legitimate interest of the administrator) - processing is necessary for the purposes arising from the legitimate interests of the Administrator - consisting in determining, pursuing or defending claims that may be raised by the Administrator or that may be raised against the Administrator. Data is stored for the period of legal existence. legitimate interest pursued by the Administrator, but no longer than the limitation period for claims that may be raised against the Administrator (the basic limitation period for claims against the Administrator is six years).
Using the Online Store website and ensuring its proper operation Article 6 section 1 letter f) GDPR Regulations (legitimate interest of the administrator) - processing is necessary for the purposes arising from the legitimate interests of the Administrator - consisting in running and maintaining the website of the Online Store. Data is stored for the period of existence of the legally justified interest pursued by the Administrator, but no longer than for the period limitation of the Administrator's claims against the data subject in connection with the business activity conducted by the Administrator. The limitation period is determined by legal provisions, in particular the Civil Code (the basic limitation period for claims related to running a business is three years, and for the Sales Agreement - two years).
Keeping statistics and analyzing traffic in the Online Store Article 6 section 1 letter f) GDPR Regulations (legitimate interest of the administrator) - processing is necessary for the purposes arising from the legitimate interests of the Administrator - consisting in maintaining statistics and analyzing traffic in the Online Store in order to improve the functioning of the Online Store and increase sales of Products. The data is stored for the period of existence of the legally justified purpose. interest pursued by the Administrator, but no longer than the limitation period for the Administrator's claims against the data subject in connection with the business activity conducted by the Administrator. The limitation period is determined by legal provisions, in particular the Civil Code (the basic limitation period for claims related to running a business is three years, and for the Sales Agreement - two years).
4. RECIPIENTS OF DATA IN THE ONLINE STORE
Personal data of Service Recipients and Customers of the Online Store may be transferred to the following recipients or categories of recipients:
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.
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.
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.
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.
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.
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.
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.
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:
Meta Platforms Ireland Ltd. - The Administrator uses Facebook or Instagram 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 website of the Online Store to Meta Platforms Ireland Ltd. (4 Grand Canal Square, Grand Canal Harbor, Dublin 2 Ireland) to the extent and in accordance with the privacy principles available here: https://www.facebook.com/about/privacy/ (these data include 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 or Instagram account and is logged in to Facebook or Instagram).
5. PROFILING IN THE ONLINE STORE
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.
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.
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.
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.