TABLE OF CONTENTS:
- GENERAL PROVISIONS
- BASIS OF DATA PROCESSING
- PURPOSE, BASIS, PERIOD AND SCOPE OF DATA PROCESSING
- DATA RECIPIENTS
- PROFILING IN ONLINE STORE
- RIGHTS OF THE DATA SUBJECT
- COOKIES, PERFORMANCE DATA AND ANALYTICS
- FINAL PROVISIONS
- The administrator of personal data collected via the Website is “Magavena Ltd” with its registered office at: Craven House Ground Floor, 40-44 Uxbridge Road, Ealing, London W5 2BS, United Kingdom - hereinafter referred to as the “Administrator” and being at the same time the Service Provider of the Website 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 individuals with regard to the processing of personal data and on free movement of such data and the repeal of 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
- The administrator takes special care to protect the interests of persons to whom the personal data processed by him relates, and in particular he is responsible and ensures that the data collected by him are: (1) processed lawfully; (2) collected for specified, lawful purposes and not subjected 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 enabling the identification of persons to whom they relate, no longer than it is necessary to achieve the purpose of processing, and (5) processed in a manner ensuring adequate security of personal data, including protection against unauthorized or unlawful processing and accidental loss, destruction or damage, using appropriate technical or organizational measures.
- Considering the nature, scope, context and purposes of processing as well as the risk of violating the rights or freedoms of natural persons with different probability and severity of the threat, the Administrator implements appropriate technical and organizational measures so that the processing takes place in accordance with these Terms and Regulations and to be able to prove it. These measures are reviewed and updated as necessary. The administrator uses technical measures to prevent the acquisition and modification by unauthorized persons of personal data sent electronically.
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 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 prior to entering into a contract; (3) processing is necessary to fulfill the legal obligation incumbent 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 these interests are overridden by the interests or fundamental rights and freedoms of the data subject, requiring the protection of personal data , in particular when the data subject is a child.
PURPOSE, BASIS, PERIOD AND SCOPE OF DATA PROCESSING IN THE ONLINE STORE
- Each time the purpose, basis, period and scope as well as the recipients of personal data processed by the Administrator result from actions taken by a given Service User or Customer in the Online Store. For example, if the Customer decides to make purchases in the Online Store and chooses personal collection of the purchased Product instead of courier delivery, his personal data will be processed in order to perform the concluded Sales Agreement, but will no longer be made available to the carrier performing the shipment at the request of the Administrator.
The Administrator may process personal data in the Online Store for the following purposes, on the following grounds, in the following periods and scope:
Purpose of data processing The legal basis for the processing and the period of data storage Scope od processed data Performance of the Sales Agreement or 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 (1) b) GDPR Regulations (performance of the contract). The data is stored for the period necessary to perform, terminate or otherwise expiration of the concluded contract. Maximum range: name and surname; e-mail address; contact telephone number; delivery address (street, house number, apartment number, zip code, city, country), address of residence / business / seat (if different from the delivery address). In the case of Service Users or Customers who are not consumers, the Administrator may additionally process the company name and tax identification number (NIP) of the Service User or Customer. The specified scope is maximum - in the case of e.g. personal collection, it is not necessary to provide the delivery address. Direct marketing Article 6 (1) f) GDPR Regulations (legitimate interest of the administrator). The data is stored for the duration of the legitimate interest pursued by the Administrator, but no longer than for the period of limitation of claims against the data subject due to the business activity conducted by the Administrator. The limitation period is determined by law, in particular the Civil Code (the basic limitation period for claims related to running a business is three years, and for a sales contract - two years). The administrator cannot process data for direct marketing in the event of an effective objection in this regard by the data subject. E-mail address Marketing Article 6 (1) a) GDPR Regulations (consent). The data is stored until the data subject withdraws the consent for further processing of his data for this purpose. Name, e-mail address Expressing the opinion by the Customer on the concluded Sales Agreement Article 6 (1) a) GDPR Regulations. The data is stored until the data subject withdraws the consent for further processing of his data for this purpose. E-mail address Keeping tax books Article 6 (1) c) Regulations of the GDPR in connection with with art. 86 § 1 of the Tax Ordinance, i.e. of January 17, 2017 (Journal of Laws of 2017, item 201). The data is stored for the period required by law, requiring the Administrator to store tax books (until the tax liability period expires, unless the tax laws provide otherwise) or accounting books (5 years from the beginning of the year following the financial year to which the data relates). First name and last name; address of residence / business / seat (if different from the delivery address), company name and tax identification number (NIP) of the Service Recipient or Customer Determining, investigating or defending claims that may be raised by the Administrator or that may be raised against the Administrator Article 6 (1) f) GDPR Regulations. The data is stored for the duration of the legitimate interest pursued by the Administrator, but no longer than for the period of limitation of claims against the data subject due to the business activity conducted by the Administrator. The limitation period is determined by law, in particular the Civil Code (the basic limitation period for claims related to running a business is three years, and for a sales contract - two years). First name and last name; contact telephone number; e-mail address; delivery address (street, house number, apartment number, zip code, city, country), address of residence / business / seat (if different from the delivery address). In the case of Service Users or Customers who are not consumers, the Administrator may additionally process the company name and tax identification number (NIP) of the Service User or Customer.
DATA RECIPIENTS IN THE ONLINE STORE
- For the proper functioning of the Website, including the implementation of Sales Agreements concluded, it is necessary for the Administrator to use the services of external entities (such as, for example, a software provider, courier or payment processor). The administrator uses only the services of such processors who provide sufficient guarantees to implement appropriate technical and organizational measures, so that the processing meets the requirements of the GDPR Regulation and protects the rights of data subjects.
The personal data of the Service Users and Customers of the Website may be transferred to the following recipients or categories of recipients:
- carriers / forwarders / courier brokers - in the case of a Customer who uses the Online Store with the method of delivery of the Product by post or courier, the Administrator provides the Customer's collected personal data to the selected carrier, forwarder or intermediary performing the shipment at the request of the Administrator to the extent necessary to deliver the Product to the Customer.
- entities handling electronic payments or with a payment card - in the case of a Customer who uses the Online Store with the method of electronic payments or with a payment card, the Administrator provides the Customer's collected personal data to the selected entity servicing the above payments in the Online Store at the request of the Administrator to the extent necessary to handle payments made by the Customer.
- opinion poll system providers - in the case of a Customer who agreed to express an opinion on the concluded Sales Agreement, the Administrator provides the collected personal data of the Customer to the selected entity providing the system of opinion polls on Sales Agreements concluded in the Online Store at the request of the Administrator to the extent necessary for the Customer to express an opinion using the opinion poll system.
PROFILING IN THE ONLINE STORE
- The Administrator may use profiling for direct marketing purposes in the Online Store, but the decisions made on its basis by the Administrator do not apply to 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 rebate code, reminding 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 Website. Despite profiling, a given person makes a free decision whether he will want to take advantage of the rebate received in this way or better conditions and make a purchase on the Website.
- Profiling in the Online Store consists in an automatic analysis or forecast of a given person's behavior on the Online Store website, e.g. by adding a specific Product to the basket, browsing a specific Product page in the Online Store, or by analyzing the history of purchases in the Online Store. The condition for such profiling is the Administrator having personal data of a given person in order to be able to send, e.g. a rebate code.
- The data subject has the right not to be subject to a decision which is based solely on automated processing, including profiling, and produces legal effects or significantly affects the person in a similar way.
RIGHTS OF THE DATA SUBJECT
- Right of access, rectification, restriction, deletion or portability - the data subject has the right to request the Administrator to access his personal data, rectify it, delete it ("the right to be forgotten") or limit processing, and has the right to object to processing, and has the right to transfer his data. Detailed conditions for the exercise of the above-mentioned rights are set out in Art. 15-21 of the GDPR Regulation.
- The right to withdraw consent at any time – a person whose data is processed by the Administrator on the basis of expressed consent (pursuant to art.6 par.1 a) or art. 9 paragraph 2 a) of the GDPR Regulation), has the right to withdraw consent at any time without affecting the lawfulness of the processing which was carried out on the basis of consent before its withdrawal.
- 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 mode specified in the provisions of the GDPR Regulation and Polish law, in particular the Act on the protection of personal data. The supervisory body in Poland is the President of the Personal Data Protection Office.
- Right to object - the data subject has the right to object at any time - for reasons related to his particular situation - to the processing of his personal data based on art. 6 sec. 1 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 legitimate grounds for processing, overriding the interests, rights and freedoms of the data subject, or grounds for establishing, investigating or defending claims.
- 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 his personal data for the purposes of such marketing, including profiling, to the extent that the processing is related to such direct marketing.
COOKIES IN THE ONLINE STORE, PERFORMANCE DATA AND ANALYTICS
- 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 Website (e.g. on the hard drive of the computer, laptop or on the smartphone's memory card - depending on which device is used) visitors to our Online Store). Detailed information on cookies as well as the history of their creation can be found, among others here: http://pl.wikipedia.org/wiki/Ciasteczko.
The Administrator may process the data contained in Cookies when visitors use the Website for the following purposes:
- identifying the Service Users as logged in to the Online Store and showing that they are logged in;
- remembering Products added to the cart in order to place an Order;
- remembering data from completed Order Forms, surveys or login details to the Website;
- adjusting the content of the Website page to the individual preferences of the Customer (e.g. regarding colors, font size, page layout) and optimizing the use of the Website pages;
- keeping anonymous statistics showing how to use the Website;
- remarketing, i.e. researching the behavior of visitors to the Online Store through anonymous analysis of their activities (e.g. repeated visits to specific pages, keywords, etc.) in order to create their profile and provide them with advertisements tailored to their expected interests, also when they visit other websites on the Google Inc. advertising network and Facebook Ireland Ltd.;
- As a standard, most internet browsers available on the market accept cookies by default. Everyone has the option to define the terms of using 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 option of saving Cookies - in the latter case, however, it may affect some functionalities of the Website (for example, it may be impossible to pass the Order path through the Order Form due to for not remembering the Products in the cart during the next steps of placing the Order).
Detailed information on changing cookie settings and their self-removal in the most popular web browsers is available in the help section of the web browser and on the following websites (just click on the link):
- in the Chrome browser
- in the Firefox browser
- In the Internet Explorer browser
- in the Opera browser
- in the Safari browser
- in the Microsoft Edge browser
- The Administrator may use Google Analytics and Universal Analytics services provided by Google Inc. in the Online Store. (1600 Amphitheater Parkway, Mountain View, CA 94043, USA. These services help the Administrator to analyze traffic in the Online Store. The collected data is processed as part of the above services in an anonymized way (these are the so-called operational data that prevent the identification of a person) to generate statistics helpful in administering the Online Store. These data are aggregate and anonymous, i.e. they do not contain identification features (personal data) of visitors to the Website. The Administrator, using the above services in the Online Store, collects such data as the sources and medium of acquiring visitors to the Online Store and the manner of their behavior on the Website, information on devices and browsers from which they visit the website, IP and domain, geographic data and demographic data (age, gender) and interests.
- It is possible for a given person to easily block information about their activity on the Website - for this purpose, you can install a browser add-on provided by Google Inc. available here: https://tools.google.com/dlpage/gaoptout?hl=pl.
- The Administrator may use the Facebook Pixel service provided by Facebook Ireland Limited (4 Grand Canal Square, Grand Canal Harbor, Dublin 2, Ireland) in the Online Store. This service helps the Administrator measure the effectiveness of advertisements and learn what actions are taken by visitors to the online store, as well as display relevant advertisements to these people. Detailed information on the operation of Facebook Pixel can be found at the following internet address: https://www.facebook.com/business/help/742478679120153?helpref=page_content.
- Managing the operation of Facebook Pixel is possible through the ad settings in your account on Facebook.com: https://www.facebook.com/ads/preferences/?entry_product=ad_settings_screen