Privacy policy
PRIVACY POLICY
OF THE MIETA.EU ONLINE STORE
TABLE OF CONTENTS:
- GENERAL PROVISIONS
- BASIS FOR DATA PROCESSING
- PURPOSE, BASIS AND PERIOD OF DATA PROCESSING IN THE ONLINE STORE
- DATA RECIPIENTS IN THE ONLINE STORE
- PROFILING IN THE ONLINE STORE
- RIGHTS OF THE DATA SUBJECT
- COOKIES IN THE ONLINE STORE AND ANALYTICS
GENERAL PROVISIONS
- This privacy policy of the Online Store is for informational purposes only and does not impose any obligations on the 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 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 Piotr Iskra, conducting business activity under the name PIOTR ISKRA BASIL, entered in the Central Register and Information on Economic Activity of the Republic of Poland kept by the minister competent for economy, with the following address of the place of business and address for service: ul. Szlak 32/1, 31-153 Kraków, NIP 8212012785, REGON 711692223, email address: shop@mieta.eu, telephone number: (+48) 533 537 273 – 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 is 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 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
- The use of the Online Store, including making purchases, is voluntary. Similarly, the provision of personal data by the Service Recipient or Customer using the Online Store is voluntary, with two exceptions: (1) concluding contracts with the Administrator – failure to provide personal data necessary for the conclusion and performance of a Sales Contract or an Electronic Service Contract with the Administrator in the cases and to the extent specified on the Online Store website, in the Online Store Terms and Conditions and in this privacy policy will result in the inability to conclude such a contract. In such a case, the provision of personal data is a contractual requirement and if the data subject wishes to conclude a given contract with the Administrator, they are obliged to provide the required data. Each time, the scope of data required to conclude a contract is indicated in advance 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 laws imposing on the Administrator the obligation to process personal data (e.g. processing data for the purpose of keeping tax records) and failure to provide such data will prevent the Administrator from performing these obligations.
- The Administrator shall take special care to protect the interests of the persons whose personal data it processes, and in particular shall be responsible for and ensure that the data it collects is: (1) processed lawfully; (2) collected for specified, lawful purposes and not further processed in a manner incompatible with those purposes; (3) factually correct and adequate for the purposes for which they are processed; (4) kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed; and (5) processed in a manner that ensures appropriate security of personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures.
- Taking into account the nature, scope, context and purposes of the processing and the risk of varying likelihood and severity of the rights and freedoms of natural persons, the Controller shall implement appropriate technical and organisational measures to ensure that the processing is performed in accordance with the GDPR and to be able to demonstrate this. These measures shall be reviewed and updated as necessary. The Controller shall implement technical measures to prevent unauthorised persons from obtaining and modifying personal data transmitted electronically.
- All words, expressions 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 contained in the Online Store Regulations available on the Online Store's website.
BASIS FOR DATA PROCESSING
- The Controller is authorised 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 consent to the processing of their 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 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 protection of personal data, in particular where the data subject is a child.
- The processing of personal data by the Administrator requires at least one of the grounds specified in point 2.1 of the privacy policy to be present in each case. The specific grounds for the processing of personal data of Service Users and Customers of the Online Store by the Administrator are specified in the next point of the privacy policy – in relation to the specific purpose of the processing of personal data by the Administrator.
PURPOSE, BASIS AND PERIOD OF DATA PROCESSING IN THE ONLINE STORE
- In each case, the purpose, basis and period of processing of personal data processed by the Administrator results from the actions taken by a given Service Recipient or Customer in the Online Store or by the Administrator. For example, if a Customer decides to make a purchase in the Online Store and chooses to collect the purchased Product in person instead of by courier, their personal data will be processed for the purpose of performing the concluded Sales Agreement, but will not be made available to the carrier performing the delivery on behalf of the Administrator.
- The Administrator may process personal data within the Online Store for the following purposes, on the grounds and for the periods specified in the table below:
Purpose of data processing
Legal basis for data processing
Data retention period
Performance of the Sales Agreement or the agreement for the provision of Electronic Services or taking action at the request of the data subject prior to the conclusion of the above-mentioned agreements
Article 6(1)(b) of the GDPR (performance of a contract) – processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract
The data is stored for the period necessary to perform, terminate or otherwise expire the concluded Sales Agreement or agreement for the provision of Electronic Services.
Direct marketing
Article 6(1)(f) of the GDPR (legitimate interest of the controller) – processing is necessary for the purposes of the legitimate interests pursued by the Controller – consisting in caring for the interests and good image of the Controller, its Online Store and striving to sell Products
The data is stored for the duration of the legitimate interest pursued by the Controller, but no longer than for the period of limitation of the Controller's claims against the data subject in relation to the Controller's business activity. The limitation period is determined by law, in particular by the Civil Code (the basic limitation period for claims related to business activities is three years, and for Sales Agreements it is two years).
The Administrator may not process data for direct marketing purposes if the data subject has effectively objected to this.
Marketing
Article 6(1)(a) of the GDPR (consent) – the data subject has given consent to the processing of their personal data for marketing purposes by the Administrator
The data is stored until the data subject withdraws their consent to the further processing of their data for this purpose.
Keeping tax records
Article 6(1)(c) of the GDPR in conjunction with Article 86(1) of the Tax Ordinance of 17 January 2017 (Journal of Laws of 2017, item 201, as amended) – processing is necessary for compliance with a legal obligation to which the Controller is subject
The data are stored for the period required by law requiring the Controller to keep tax records (until the expiry of the limitation period for tax liabilities, unless tax laws provide otherwise).
Establishing, pursuing or defending claims that may be raised by the Controller or against the Controller
Article 6(1)(f) of the GDPR (legitimate interest of the controller) – processing is necessary for the purposes of the legitimate interests pursued by the Controller – consisting in the establishment, exercise or defence of legal claims by the Controller or against the Controller
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 that may be raised against the Administrator (the basic limitation period for claims against the Administrator is six years).
Use of the Online Store website and ensuring its proper functioning
Article 6(1)(f) of the GDPR (legitimate interest of the controller) – processing is necessary for the purposes of the legitimate interests pursued by the Controller – consisting in the operation and maintenance of the Online Store website
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 the Administrator's claims against the data subject in connection with the Administrator's business activity. The limitation period is determined by law, in particular by the Civil Code (the basic limitation period for claims related to business activities is three years, and for Sales Agreements it is two years).
Keeping statistics and analysing traffic in the Online Store
Article 6(1)(f) of the GDPR (legitimate interest of the controller) – processing is necessary for the purposes of the legitimate interests pursued by 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
The data is stored for the duration of the legitimate interest pursued by the Controller, but no longer than for the period of limitation of the Controller's claims against the data subject in relation to the Controller's business activity. The limitation period is determined by law, in particular by the Civil Code (the basic limitation period for claims related to business activities is three years, and for Sales Agreements it is two years).
DATA RECIPIENTS IN THE ONLINE STORE
- For the proper functioning of the Online Store, including the performance 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 uses only the services of such processing entities that provide sufficient guarantees to implement appropriate technical and organisational measures so that the processing meets the requirements of the GDPR and protects the rights of data subjects.
- 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 purpose of personal data processing and only to the extent necessary to achieve it. For example, if a Customer uses personal collection, their data will not be transferred to a carrier cooperating with the Controller.
- Personal data of Service Users and Customers of the Online Store may be transferred to the following recipients or categories of recipients:
- carriers / forwarders / courier brokers / entities handling the warehouse and/or shipping process – in the case of a Customer who uses the Online Store to deliver the Product by post or courier, The Administrator shall make the collected personal data of the Customer available to the selected carrier, forwarder or intermediary performing the shipment 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 deliver the Product to the Customer.
- entities handling electronic or card payments – in the case of a Customer who uses electronic or card payment methods in the Online Store, the Administrator shall make the collected personal data of the Customer available to the selected entity handling the above payments in the Online Store on behalf of the Administrator to the extent necessary to process the payment made by the Customer.
- credit providers/lessors – in the case of a Customer who uses the instalment payment method or lease payment in the Online Store, the Administrator makes the collected personal data of the Customer available to the selected credit provider or lessor 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.
- service providers supplying the Administrator with technical, IT and organisational 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, e-mail and hosting providers, and providers of business management and technical support software for the Administrator) – the Administrator shall make the collected personal data of the Customer available to a selected provider acting on its behalf only in the case and to the extent necessary to achieve the specific purpose of data processing in accordance with this privacy policy.
- accounting, legal and advisory service providers providing the Administrator with accounting, legal or advisory support (in particular an accounting office, law firm or debt collection company) – The Controller shall disclose the collected personal data of the Customer to a selected supplier acting on its behalf only in the case and to the extent necessary to achieve the specific purpose of data processing in accordance with this privacy policy.
- suppliers of social plugins, scripts and other similar tools placed on the Online Store website that enable the browser of a person visiting the Online Store website to download content from the suppliers of the aforementioned plugins and to transfer the personal data of the visitor to these suppliers for this purpose, including:
Facebook Ireland Ltd. – The Controller uses Facebook social plugins (e.g. the Like button, Share button) on the Online Store website and, in connection with this, collects and transfers the personal data of the Service User using the Online Store website to 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, websites visited, purchases, advertisements displayed and how the services are used, regardless of whether the Service Recipient has a Facebook account and is logged in to Facebook).
PROFILING IN THE ONLINE STORE
- The GDPR Regulation imposes on the Administrator the obligation to inform about automated decision-making, including profiling referred to in Article 22(1) and (4) of the GDPR, and – at least in those cases – relevant information about the rules for making such decisions, as well as the significance and expected consequences of such processing for the data subject. 1 and 4 of the GDPR, and, at least in those cases, meaningful information about the logic involved, as well as the significance and the expected 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.
- The Controller may use profiling in the Online Store for direct marketing purposes, but the decisions made by the Controller on this basis do not concern the conclusion or refusal to conclude a Sales Agreement or the possibility of using Electronic Services in the Online Store. The use of profiling in the Online Store may result, for example, in granting a discount to a given person, sending them a discount code, reminding them about unfinished purchases, sending a proposal for a Product that may correspond to the interests or preferences of a given person, or offering better conditions compared to the standard offer of the Online Store. Despite profiling, the person concerned is free to decide whether to take advantage of the discount or better terms and conditions received in this way and make a purchase in the Online Store.
- Profiling in the Online Store consists of the automatic analysis or prediction of a person's behaviour on the Online Store website, e.g. by adding a specific Product to the basket, viewing a specific Product page in the Online Store or by analysing the history of previous purchases made in the Online Store. The condition for such profiling is that the Administrator has the personal data of the person concerned in order to be able to send them, for example, a discount code.
- The data subject has the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning them or similarly significantly affects them.
RIGHTS OF THE DATA SUBJECT
- Right of access, rectification, restriction, erasure or portability – the data subject has the right to request from the Controller access to their personal data, rectification, erasure (‘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. The detailed conditions for exercising the above rights are set out in Articles 15-21 of the GDPR.
- Right to withdraw consent at any time – a person whose data is processed by the Controller on the basis of consent (pursuant to Article 6(1)(a) or Article 9(2)(a) of the GDPR) has the right to withdraw consent at any time without prejudice to the lawfulness of processing based on consent before its withdrawal. 2(a) of the GDPR) has the right to withdraw consent at any time without affecting the lawfulness of the processing carried out on the basis of consent before its withdrawal.
- Right to lodge a complaint with a supervisory authority – a person whose data is processed by the Administrator has the right to lodge a complaint with a supervisory authority in the manner and procedure specified in the provisions of the GDPR and Polish law, in particular the Personal Data Protection Act. The supervisory authority 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, on grounds relating 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 public tasks) or (f) (legitimate interests of the controller), including profiling based on those provisions. In such a case, the controller shall no longer process the personal data unless the controller demonstrates compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject or for the establishment, exercise or defence of legal claims.
- Right to object to direct marketing – where 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 such marketing, including profiling to the extent that it is related to such direct marketing.
- In order to exercise the rights referred to in this section 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.
COOKIES IN THE ONLINE STORE AND ANALYTICS
- Cookies are small pieces of text information in the form of text files sent by the server and stored on the side of the person visiting the Online Store (e.g. on the hard drive of a computer, laptop or on a smartphone memory card, depending on the device used by the visitor to our Online Store). Detailed information on cookies and their history can be found, among others, 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:
Depending on their provider:
- own (created by the Administrator's Online Store website) and
- belonging to third parties (other than the Administrator)
Depending on their storage period on the device of the person visiting the Online Store:
- session cookies (stored until you log out of the Online Store or close your web browser) and
- persistent cookies (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:
- necessary (enabling the proper functioning of the Online Store website),
- functional/preferential (enabling the adaptation of the Online Store website to the preferences of the person visiting the website),
- analytical and performance (collecting information about how the Online Store website is used),
- marketing, advertising and social media (collecting information about the person visiting the Online Store website in order to display personalised advertisements to that person and to conduct other marketing activities, including on websites separate from the Online Store website, such as social media portals)
3. The Administrator may process data contained in Cookies when visitors use the Online Store website for the following specific purposes:
Purposes of using Cookies in the Administrator's Online Store
identifying Service Users as logged in to the Online Store and showing that they are logged in (necessary Cookies)
remembering Products added to the basket in order to place an Order (necessary Cookies)
remembering data from completed Order Forms, surveys or login details for the Online Store (necessary and/or functional/preference Cookies)
customising the content of the Online Store website to the individual preferences of the Service Recipient (e.g. regarding colours, font size, page layout) and optimising the use of the Online Store website (functional/preference cookies)
conducting anonymous statistics on the use of the Online Store website (analytical and performance cookies)
remarketing, i.e. studying the behaviour of visitors to the Online Store through anonymous analysis of their actions (e.g. repeated visits to specific 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 media cookies)
4. You can check which cookies (including their lifetime and provider) are currently being sent by the Online Store website in the most popular web browsers as follows:
In Chrome:
(1) in the address bar, click on the padlock icon on the left, (2) go to the ‘Cookies’ tab.
In Firefox:
(1) in the address bar, click on the shield icon on the left, (2) go to the ‘Allowed’ or “Blocked” tab, (3) click on ‘Cookies that track you across sites’, ‘Social media tracking elements’ or ‘Content with tracking elements’
In Internet Explorer:
(1) click on the ‘Tools’ menu, (2) go to the ‘Internet Options’ tab, (3) go to the ‘General’ tab, (4) go to the “Settings” tab, (5) click on the ‘View files’ field
In Opera:
(1) in the address bar, click on the padlock icon on the left, (2) go to the ‘Cookies’ tab.
in Safari:
(1) click on the ‘Preferences’ menu, (2) go to the “Privacy” tab, (3) click on the ‘Manage website data’ field
Regardless of the browser, using tools available, for example, on the website: https://www.cookiemetrix.com/ or: https://www.cookie-checker.com/
5. By default, most web browsers available on the market accept cookies. Everyone has the option to specify the conditions for using cookies through their web browser settings. This means that you can, for example partially restrict (e.g. temporarily) or completely disable the saving of cookies – in the latter case, however, this may affect some of the functionalities of the Online Store (for example, it may not be possible to complete the Order process via the Order Form because the Products in the basket are not remembered during the subsequent steps of the Order process).
6. Your web browser settings regarding cookies are important for consenting to the use of cookies by our Online Store – in accordance with the regulations, such consent may also be expressed through your web browser settings. Detailed information on changing cookie settings and deleting cookies 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):
7. The Administrator may use Google Analytics and Universal Analytics services provided by Google Ireland Limited (Gordon House, Barrow Street, Dublin 4, Ireland) in the Online Store. These services help the Administrator to compile statistics and analyse traffic in the Online Store. The data collected is processed within the above services to generate statistics that are helpful in administering the Online Store and analysing traffic in 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 medium of acquisition of visitors to the Online Store and their behaviour on the Online Store website, information about the devices and browsers they use to visit the website, IP and domain, geographical data and demographic data (age, gender) and interests.
8. It is possible for a person to easily block the sharing of information about their activity on the Online Store website with Google Analytics – 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.
FINAL PROVISIONS
- The Online Store may contain links to other websites. The Administrator urges you to read the privacy policy set out on those websites after you move to them. This privacy policy applies only to the Administrator's Online Store.