Privacy Policy
This is an English translation provided for convenience. In the event of any discrepancy, the Polish version prevails.
1. GENERAL PROVISIONS
1.1. This privacy policy of the Online Shop is informative in nature, which means that it is not a source of obligations for Service Recipients or Customers of the Online Shop. The privacy policy sets out, above all, the rules for the processing of personal data by the Controller in the Online Shop, including the grounds, purposes and scope of the processing of personal data and the rights of data subjects, as well as information on the use of cookies and analytical tools in the Online Shop.
1.2. The controllers of the personal data collected via the Online Shop are Włodzimierz Leszczyński and Adam Król, conducting business activity under the business name Stojan S.C. A. Król W. Leszczyński, entered in the Central Register and Information on Economic Activity of the Republic of Poland (Centralna Ewidencja i Informacja o Działalności Gospodarczej Rzeczypospolitej Polskiej) maintained by the minister competent for the economy, having: business address and address for service: 87-152 Pigża, ul. Wojewódzka 2, NIP (Tax Identification Number) 8790003705, REGON (Statistical Number) 870039184, e-mail address: stojan@silniki-elektryczne.com.pl, contact telephone number: 500385112, hereinafter referred to as the “Controller”, which is at the same time the Service Provider of the Online Shop and the Seller.
1.3. Personal data in the Online Shop are processed by the Controller in accordance with the applicable laws, 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 the “GDPR” (RODO) or the “GDPR Regulation”. Official text of the GDPR Regulation: http://eur-lex.europa.eu/legal-content/PL/TXT/?uri=CELEX%3A32016R0679
1.4. Use of the Online Shop, including making purchases, is voluntary. Likewise, the related provision of personal data by the Service Recipient or Customer using the Online Shop is voluntary, subject to two exceptions:
(1)conclusion of contracts with the Controller – failure to provide, in the cases and to the extent indicated on the Online Shop website, in the Online Shop Terms and Conditions and in this privacy policy, the personal data necessary to conclude and perform a Sales Contract or a contract for the provision of an Electronic Service with the Controller results 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 Controller, he or she is obliged to provide the required data. In each case, the scope of data required to conclude a contract is indicated in advance on the Online Shop website and in the Online Shop Terms and Conditions;
(2) statutory obligations of the Controller – the provision of personal data is a statutory requirement arising from generally applicable laws imposing on the Controller an obligation to process personal data (e.g. processing of data for the purpose of keeping tax or accounting records), and failure to provide them will prevent the Controller from performing those obligations.
1.5. The Controller takes particular care to protect the interests of the persons to whom the personal data processed by it relate and, in particular, is responsible for and ensures that the data it collects are:
(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 in relation to the purposes for which they are processed;
(4) kept in a form which permits identification of the persons to whom they relate for no longer than is necessary to achieve the purpose of the processing; and
(5) processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures.
1.6. Taking into account the nature, scope, context and purposes of the processing, as well as the risks of varying likelihood and severity to the rights or freedoms of natural persons, the Controller implements appropriate technical and organisational measures to ensure that the processing is carried out in accordance with this Regulation and to be able to demonstrate this. Those measures are reviewed and updated where necessary. The Controller applies technical measures to prevent unauthorised persons from obtaining and modifying personal data transmitted by electronic means.
1.7. All words, expressions and acronyms used in this privacy policy and beginning with a capital letter (e.g. Seller, Online Shop, Electronic Service) shall be understood in accordance with their definition contained in the Online Shop Terms and Conditions.
2. GROUNDS FOR DATA PROCESSING
2.1. The Controller is entitled to process personal data 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 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 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.
2.2. The processing of personal data by the Controller requires, in each case, at least one of the grounds indicated in point 2.1 of the privacy policy. The specific grounds for the processing of personal data of Service Recipients and Customers of the Online Shop by the Controller are indicated in the next point of the privacy policy – in relation to the given purpose of the processing of personal data by the Controller.
3. PURPOSE, GROUNDS AND PERIOD OF DATA PROCESSING IN THE ONLINE SHOP
3.1. In each case, the purpose, grounds and period of processing as well as the recipients of the personal data processed by the Controller result from the actions taken by the given Service Recipient or Customer in the Online Shop or by the Controller. For example, if a Customer decides to make purchases in the Online Shop and chooses personal collection of the purchased Product instead of courier delivery, his or her personal data will be processed for the purpose of performing the concluded Sales Contract, but will no longer be made available to the carrier delivering consignments on behalf of the Controller.
3.2. The Controller may process personal data within the Online Shop for the following purposes, on the following grounds and for the periods indicated in the table below:
| Purpose of data processing | Legal basis for data processing | Data retention period |
| Performance of a Sales Contract or a contract for the provision of an Electronic Service, or taking steps at the request of the data subject prior to concluding the aforementioned contracts | Article 6(1)(b) of the GDPR Regulation (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 are stored for the period necessary to perform, terminate or otherwise expire the concluded Sales Contract or contract for the provision of an Electronic Service. |
| Direct marketing | 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 looking after the interests and good image of the Controller and its Online Shop, and in seeking to sell Products | The data are stored for the period during which the legitimate interest pursued by the Controller exists, but not longer than the limitation period for the Controller’s claims against the data subject in connection with the business activity conducted by the Controller. The limitation period is determined by law, in particular by the Civil Code (Kodeks cywilny) (the basic limitation period for claims related to conducting business activity is three years, and for a Sales Contract two years).The Controller may not process data for the purpose of direct marketing if the data subject has effectively objected in this respect. |
| Marketing | Article 6(1)(a) of the GDPR Regulation (consent) – the data subject has given consent to the processing of his or her personal data for marketing purposes by the Controller | The data are stored until the data subject withdraws consent to the further processing of his or her data for this purpose. |
| Keeping accounting records | Article 6(1)(c) of the GDPR Regulation in conjunction with Article 74(2) of the Accounting Act (ustawa o rachunkowości), i.e. of 30 January 2018 (Journal of Laws of 2018, item 395) – processing is necessary for compliance with a legal obligation to which the Controller is subject | The data are stored for the period required by the laws obliging the Controller to keep accounting records (5 years, counted from the beginning of the year following the financial year to which the data relate). |
| Establishment, exercise or defence of claims which may be raised by the Controller or which may be raised against the Controller | 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 defence of claims which may be raised by the Controller or which may be raised against the Controller | The data are stored for the period during which the legitimate interest pursued by the Controller exists, but not longer than the limitation period for claims which may be raised against the Controller (the basic limitation period for claims against the Controller is six years). |
| Use of the Online Shop 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 Shop website | The data are stored for the period during which the legitimate interest pursued by the Controller exists, but not longer than the limitation period for the Controller’s claims against the data subject in connection with the business activity conducted by the Controller. The limitation period is determined by law, in particular by the Civil Code (the basic limitation period for claims related to conducting business activity is three years, and for a Sales Contract two years). |
| Keeping statistics and analysing traffic in the Online Shop | 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 Shop in order to improve the functioning of the Online Shop and increase sales of Products | The data are stored for the period during which the legitimate interest pursued by the Controller exists, but not longer than the limitation period for the Controller’s claims against the data subject in connection with the business activity conducted by the Controller. The limitation period is determined by law, in particular by the Civil Code (the basic limitation period for claims related to conducting business activity is three years, and for a Sales Contract two years). |
4. DATA RECIPIENTS IN THE ONLINE SHOP
4.1. For the proper functioning of the Online Shop, including for the performance of the Sales Contracts concluded, it is necessary for the Controller to use the services of external entities (such as a software provider, a courier or a payment service provider). The Controller uses only the services of such processors as provide sufficient guarantees to implement appropriate technical and organisational measures in such a manner that the processing meets the requirements of the GDPR Regulation and ensures the protection of the rights of data subjects.
4.2. Personal data may be transferred by the Controller to a third country, provided that the Controller ensures that in such a case the transfer will take place 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 Controller ensures that the data subject has the possibility of obtaining a copy of his or her data. The Controller transfers the collected personal data only where and to the extent necessary to achieve the given purpose of data processing in accordance with this privacy policy.
4.3. Data are not transferred by the Controller in every case and not to all recipients or categories of recipients indicated in the privacy policy – the Controller transfers data only when this is necessary to achieve the given purpose of processing personal data and only to the extent necessary to achieve it. For example, if a Customer uses personal collection, his or her data will not be transferred to the carrier cooperating with the Controller.
4.4. Personal data of Service Recipients and Customers of the Online Shop may be transferred to the following recipients or categories of recipients:
4.4.1. carriers / forwarders / courier brokers – in the case of a Customer who uses the method of delivery of the Product by post or by courier in the Online Shop, the Controller makes the collected personal data of the Customer available to the selected carrier, forwarder or intermediary delivering consignments on behalf of the Controller to the extent necessary to deliver the Product to the Customer.
4.4.2. entities handling electronic or payment card payments – in the case of a Customer who uses electronic payment or payment card methods in the Online Shop, the Controller makes the collected personal data of the Customer available to the selected entity handling such payments in the Online Shop on behalf of the Controller to the extent necessary to handle the payment made by the Customer.
4.4.3. service providers supplying the Controller with technical, IT and organisational solutions enabling the Controller to conduct its business activity, including the Online Shop and the Electronic Services provided through it (in particular providers of computer software for running the Online Shop, e-mail and hosting providers, and providers of business management software and technical support to the Controller) – the Controller makes the collected personal data of the Customer available to the selected provider acting on its behalf only where and to the extent necessary to achieve the given purpose of data processing in accordance with this privacy policy.
4.4.4. providers of accounting, legal and advisory services providing the Controller with accounting, legal or advisory support (in particular an accounting office, a law firm or a debt collection company) – the Controller makes the collected personal data of the Customer available to the selected provider acting on its behalf only where and to the extent necessary to achieve the given purpose of data processing in accordance with this privacy policy.
4.4.5. providers of social plug-ins, scripts and other similar tools placed on the Online Shop website which enable the browser of a person visiting the Online Shop website to download content from the providers of those plug-ins (e.g. logging in using social network login credentials) and, for this purpose, to transfer the personal data of the visitor to those providers, including:
4.4.5.1. Meta Platforms Ireland Ltd. – the Controller uses Facebook social plug-ins on the Online Shop website (e.g. the Like!, Share buttons or logging in using Facebook login credentials) and, in this connection, collects and makes available the personal data of the Service Recipient using the Online Shop website to Meta Platforms Ireland Ltd. (4 Grand Canal Square, Grand Canal Harbour, Dublin 2 Ireland) to the extent and in accordance with the privacy rules available here: https://www.facebook.com/about/privacy/ (these data include information about activities on the Online Shop website – including information about the device, websites visited, purchases, advertisements displayed and the manner of using the services – regardless of whether the Service Recipient has a Facebook account and whether he or she is logged in to Facebook).
5. PROFILING IN THE ONLINE SHOP
5.1. The GDPR Regulation imposes on the Controller an obligation to provide information about automated decision-making, including profiling, referred to in Article 22(1) and (4) of the GDPR Regulation, and – at least in those cases – meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject. With this in mind, the Controller provides information on possible profiling in this point of the privacy policy.
5.2. The Controller may use profiling in the Online Shop for direct marketing purposes, but decisions taken by the Controller on its basis do not concern the conclusion of, or refusal to conclude, a Sales Contract, or the possibility of using Electronic Services in the Online Shop. The effect of using profiling in the Online Shop may be, for example, granting a given person a discount, sending him or her a discount code, a reminder about unfinished purchases, sending a proposal of a Product that may match the interests or preferences of that person, or offering better terms compared with the standard offer of the Online Shop. Notwithstanding the profiling, it is the given person who freely decides whether he or she wishes to take advantage of the discount or better terms received in this way and make a purchase in the Online Shop.
5.3. Profiling in the Online Shop consists in the automatic analysis or prediction of the behaviour of a given person on the Online Shop website, e.g. through adding a specific Product to the basket, browsing the page of a specific Product in the Online Shop, or through analysis of the previous history of purchases made in the Online Shop. The condition for such profiling is that the Controller holds the personal data of the given person so that it can subsequently send him or her, for example, a discount code.
5.4. 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 him or her or similarly significantly affects him or her.
6. RIGHTS OF THE DATA SUBJECT
6.1. Right of access, rectification, restriction, erasure or portability – the data subject has the right to request from the Controller access to his or her personal data, their rectification, erasure (“right to be forgotten”) or restriction of processing, and has the right to object to processing, as well as the right to data portability. The detailed conditions for exercising the above rights are set out in Articles 15-21 of the GDPR Regulation.
6.2. Right to withdraw consent at any time – a person whose data are processed by the Controller on the basis of consent given (pursuant to Article 6(1)(a) or Article 9(2)(a) of the GDPR Regulation) has the right to withdraw consent at any time without affecting the lawfulness of processing based on consent before its withdrawal.
6.3. Right to lodge a complaint with a supervisory authority – a person whose data are processed by the Controller has the right to lodge a complaint with a supervisory authority in the manner and under the procedure laid down in the provisions of the GDPR Regulation and Polish law, in particular the Personal Data Protection Act (ustawa o ochronie danych osobowych). The supervisory authority in Poland is the President of the Personal Data Protection Office (Prezes Urzędu Ochrony Danych Osobowych).
6.4. 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 which is based on Article 6(1)(e) (public interest or tasks) or (f) (legitimate interest of the controller), including profiling based on those provisions. In such a case, the Controller may no longer process those personal data unless it demonstrates compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or grounds for the establishment, exercise or defence of claims.
6.5. 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.
6.6. In order to exercise the rights referred to in this point of the privacy policy, the Controller may be contacted by sending an appropriate message in writing or by e-mail to the Controller’s address indicated at the beginning of the privacy policy or by using the contact form available on the Online Shop website.
7. COOKIES IN THE ONLINE SHOP AND ANALYTICS
7.1. Cookies are small pieces of text information in the form of text files, sent by a server and saved on the side of the person visiting the Online Shop website (e.g. on the hard drive of a computer, laptop or on the memory card of a smartphone – depending on the device used by the visitor to our Online Shop). Detailed information on Cookies, as well as the history of their creation, can be found, among others, here: http://pl.wikipedia.org/wiki/Ciasteczko.
7.2. Cookies which may be sent by the Online Shop website can be divided into different types according to the following criteria:
| By their provider: | By their retention period on the device of the person visiting the Online Shop website | By the purpose of their use |
| 1) first-party (created by the Controller’s Online Shop website) and 2) third-party (belonging to persons/entities other than the Controller) | 1) session (stored until logging out of the Online Shop or closing the web browser) and 2) persistent (stored for a specified time, defined by the parameters of each file, or until manually deleted) | 1) necessary (enabling the proper functioning of the Online Shop website), 2) functional/preference (enabling the Online Shop website to be adapted to the preferences of the person visiting the website), 3) analytical and performance (collecting information on how the Online Shop website is used), 4) marketing, advertising and social media (collecting information about the person visiting the Online Shop website in order to display advertisements to that person, personalise them, measure their effectiveness and conduct other marketing activities, including on websites separate from the Online Shop website, such as social networks or other websites belonging to the same advertising networks as the Online Shop) |
7.3. The Controller may process the data contained in Cookies when visitors use the Online Shop website for the following specific purposes:
| Purposes of using Cookies in the Controller’s Online Shop |
| 1) identifying Service Recipients as logged in to the Online Shop and showing that they are logged in (necessary Cookies) 2) remembering Products added to the basket for the purpose of placing an Order (necessary Cookies) 3) remembering data from completed Order Forms, surveys or login data for the Online Shop (necessary and/or functional/preference Cookies) 4) adapting the content of the Online Shop website to the individual preferences of the Service Recipient (e.g. regarding colours, font size, page layout) and optimising the use of the Online Shop pages (functional/preference Cookies) 5) keeping anonymous statistics showing how the Online Shop website is used (analytical and performance Cookies) 6) displaying and rendering advertisements, limiting the number of advertisement impressions and ignoring advertisements which the Service Recipient does not wish to see, measuring the effectiveness of advertisements, as well as personalising advertisements, i.e. examining the behavioural characteristics of persons visiting the Online Shop 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 anticipated interests, also when they visit other websites in the advertising network of Google Ireland Ltd. and Meta Platforms Ireland Ltd. (marketing, advertising and social media Cookies) |
7.3.1. remarketing, i.e. examining the behavioural characteristics of visitors to the Online Shop 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 anticipated interests, also when they visit other websites in the advertising network of Google Ireland Ltd. and Facebook Ireland Ltd.
7.4. In the most popular web browsers, it is possible to check which Cookies (including the lifetime of the Cookies and their provider) are being sent at a given moment by the Online Shop website as follows:
| In the Chrome browser: (1) in the address bar, click the padlock icon on the left, (2) go to the “Cookies” tab. | In the Firefox browser: (1) in the address bar, click the shield icon on the left, (2) go to the “Allowed” or “Blocked” tab, (3) click the “Cross-Site Tracking Cookies”, “Social Media Trackers” or “Tracking Content” field | In the Internet Explorer browser: (1) click the “Tools” menu, (2) go to the “Internet Options” tab, (3) go to the “General” tab, (4) go to the “Settings” tab, (5) click the “View files” field |
| In the Opera browser: (1) in the address bar, click the padlock icon on the left, (2) go to the “Cookies” tab. | In the Safari browser: (1) click the “Preferences” menu, (2) go to the “Privacy” tab, (3) click the “Manage Website Data” field | Regardless of the browser, using the tools available at: https://www.cookiemetrix.com/ or: https://www.cookie-checker.com/ |
7.5. As standard, most web browsers available on the market accept the saving of Cookies by default. Everyone can determine the conditions for the use of Cookies by means of the settings of their own web browser. This means that it is possible, for example, to partially restrict (e.g. temporarily) or completely disable the saving of Cookies – in the latter case, however, this may affect certain functionalities of the Online Shop (for example, it may prove impossible to complete the Order process via the Order Form because Products are not remembered in the basket during the subsequent steps of placing the Order).
7.6. Web browser settings with regard to Cookies are relevant from the point of view of consent to the use of Cookies by our Online Shop – in accordance with the law, such consent may also be expressed through web browser settings. In the absence of such consent, the web browser settings with regard to Cookies should be changed accordingly.
7.7. Detailed information on changing Cookie settings and on deleting Cookies yourself in the most popular web browsers is available in the help section of the web browser and on the following pages (just click the relevant link):
in the Internet Explorer browser
7.8. The Controller may use in the Online Shop the Google Analytics and Universal Analytics services provided by Google Ireland Limited (Gordon House, Barrow Street, Dublin 4, Ireland). These services help the Controller to keep statistics and analyse traffic in the Online Shop. The collected data are processed within the above services to generate statistics helpful in administering the Online Shop and analysing traffic in the Online Shop. These data are aggregated in nature. When using the above services in the Online Shop, the Controller collects such data as the sources and medium through which visitors to the Online Shop were acquired and their behaviour on the Online Shop website, information on the devices and browsers from which they visit the website, IP address and domain, geographical data as well as demographic data (age, gender) and interests.
7.9. A given person can easily block the sharing of information about his or her activity on the Online Shop website with Google Analytics – for this purpose, it is possible, for example, to install a browser add-on provided by Google Ireland Ltd., available here: https://tools.google.com/dlpage/gaoptout?hl=pl.
7.10. In connection with the possibility of the Controller using in the Online Shop the advertising and analytical services provided by Google Ireland Ltd., the Controller indicates that full information on the rules for the processing of the data of persons visiting the Online Shop (including information stored in Cookies) by Google Ireland Ltd. can be found in the privacy policy of Google services available at: https://policies.google.com/technologies/partner-sites.
8. FINAL PROVISIONS
8.1. The Online Shop may contain links to other websites. The Controller encourages users, after moving to other websites, to read the privacy policies established there. This privacy policy applies only to the Controller’s Online Shop.