PRIVACY POLICY
BOSKIENASIONA.PL ONLINE STORE
CONTENTS:
1. GENERAL PROVISIONS
2. GROUNDS FOR DATA PROCESSING
3. PURPOSE, BASIS AND PERIOD OF DATA PROCESSING IN THE ONLINE STORE
4. RECIPIENTS OF DATA IN THE ONLINE STORE
5. PROFILING IN AN ONLINE STORE
6. RIGHTS OF THE DATA SUBJECT
7. ONLINE STORE COOKIES AND ANALYTICS
8. FINAL PROVISIONS
1. GENERAL PROVISIONS
1.1. This privacy policy of the Online Store is for informational purposes, which means that it is not a source of obligations for Service Recipients or Customers of the Online Store. The privacy policy primarily contains rules regarding the Administrator’s processing of personal data in the Online Store, including the basis, purposes and duration of personal data processing and the rights of data subjects, as well as information on
Use of cookies and analytical tools on the Online Store.
1.2 The administrator of the personal data collected through the Online Store is RAFAŁ ZDZIARSKI conducting business under the name FIRMA HANDLOWO USŁUGOWA RAFAŁ ZDZIARSKI entered in the Central Register and Information on Business Activity of the Republic of Poland conducted by the minister responsible for the economy, having: business address and address for delivery: Brzeźnica 35, 32-700 Bochnia, NIP 8681979991, REGON 387991261, e-mail address: boskie.nasiona@gmail.com, telephone number: 508-776-266 – hereinafter referred to as the “Administrator” and being at the same time the Internet Shop Service Provider and the Seller.
1.3. Personal data in the Online Store are processed by the Administrator in accordance with 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 “RODO” or “RODO Regulation“. Official text of the RODO Ordinance: http://eur
lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32016R0679
1.4. The use of the Online Store, including making purchases, is voluntary. Similarly, the related provision of personal data by the Customer or Client using the Online Store is voluntary, subject to two exceptions: (1) conclusion of contracts with the Administrator – failure to provide, in the cases and to the extent indicated on the website of the Internet Shop and in the Terms and Conditions of the Internet Shop and this privacy policy, personal data necessary for the conclusion and performance of a Sales Contract or an agreement for the provision of Electronic Services with the Administrator, results in the impossibility of concluding such a contract. The provision of personal data in such a case is a contractual requirement, and if the data subject wishes to conclude a given agreement with the Administrator, he/she is obliged to provide the required data. Each time the scope of data required to conclude a contract is indicated in advance on the website of the Online Store and in the Terms and Conditions of the Online Store; (2) the Administrator’s statutory obligations – providing personal data is a statutory requirement resulting from generally applicable laws imposing an obligation on the Administrator to process personal data (e.g. processing of data for tax or accounting purposes) and failure to provide such data will prevent the Administrator from performing such obligations.
1.5 The controller shall exercise 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 are: (1) processed in accordance with the law; (2) collected for specified, legitimate purposes and not subjected to further processing incompatible with those purposes; (3) substantively correct and adequate in relation to the purposes for which they are processed; (4) stored in a form that allows identification of the persons to whom they relate for no longer than it is Page 1 of 8
necessary to achieve the purpose of processing, and (5) processed in a manner that ensures adequate security of personal data, including protection against unauthorized or unlawful processing and accidental loss, destruction or damage, by means of appropriate technical or organizational measures.
1.6. Taking into account the nature, scope, context and purposes of the processing, and the risk of violation of the rights or freedoms of natural persons of different probability and severity, the Administrator shall implement appropriate technical and organizational measures for the processing to be carried out in accordance with this Regulation and to be able to demonstrate this. These measures shall be reviewed and updated as necessary. The Administrator shall use technical measures to prevent unauthorized persons from obtaining and modifying, personal data sent electronically.
1.7 All words, phrases 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 in the Rules of the Online Store available on the pages of the Online Store.
2. GROUNDS FOR DATA PROCESSING
2.1. The controller is authorized 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 his or her consent to the processing of his or her personal data for one or more specified purposes; (2) the processing is necessary for the performance of a contract to which the data subject is a party or to take steps at the request of the data subject prior to entering into a contract; (3) the processing is necessary for the fulfillment of a legal obligation incumbent on the Controller; or (4) processing is necessary for the purposes of 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. Processing of personal data by the Administrator requires each time at least one of the grounds indicated in Section. 2.1 of the privacy policy. The specific grounds for the processing of personal data of Service Recipients and Customers of the Online Store by the Administrator are indicated in the next section of the privacy policy – with regard to the given purpose of personal data processing by the Administrator.
3. PURPOSE, BASIS AND PERIOD OF DATA PROCESSING IN THE ONLINE STORE
3.1. In each case, the purpose, basis and period, and recipients of the personal data processed by the Administrator result from the activities undertaken by a given Service Recipient or Customer in the Online Store or by the Administrator. 3.2. The Administrator may process personal data within the Online Store for the following purposes, on the grounds and for the periods indicated in the table below:
| Purpose of data processing | Legal basis for data processing | Data retention period |
| Execution of a Sales Agreement or an agreement for the provision of Electronic Services, or taking action at the request of the data subject prior to the conclusion of the aforementioned agreements | Article 6(1)(b) of the RODO Regulation (performance of a contract) – processing is necessary for the performance of a contract to which the data subject is a party, or to take action at the request of the data subject prior to entering into a contract | The data are stored for the period necessary to execute, terminate or otherwise expire the concluded Sales Agreement or Electronic Service Agreement. |
| Direct marketing | Article 6(1)(f) of the RODO Regulation (legitimate interest of the Administrator) – the processing is necessary for the purposes of the Administrator’s legitimate interests – consisting of taking care of the interests and good image of the Administrator, its Online Store and striving to sell Products | The data shall be stored for the period of existence of the legitimate interest pursued by the Administrator, but no longer than the statute of limitations for the Administrator’s claims against the data subject on account of the Administrator’s business activities. The period of limitation is determined by the provisions of law, in particular the Civil Code (the basic limitation period for claims related to the conduct of business activities is three years, and for the Sales Agreement it is two years). |
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| The controller may not process data for direct marketing purposes in the event of an effective objection in this regard by the data subject. | ||
| Marketing | Article 6(1)(a) of the RODO Regulation (consent) – the data subject has consented to the processing of his/her personal data for marketing purposes by the Controller | The data is stored until the data subject withdraws his consent to further processing of his data for this purpose. |
| Customer’s expression of opinion about the concluded Sales Agreement | Article 6(1)(a) of the RODO Regulation – the data subject has consented to the processing of his/her personal data for the purpose of expressing an opinion | The data is stored until the data subject withdraws his consent to further processing of his data for this purpose. |
| Keeping the tax books | Article 6(1)(c) of the RODO Regulation in conjunction with Article 86 § 1 of the Tax Ordinance, i.e. of January 17, 2017. (Journal of Laws of 2017, item 201 as amended) – processing is necessary to fulfill a legal obligation incumbent on the Administrator | The data are kept for the period required by law mandating the Administrator to keep tax books (until the expiration of the statute of limitations on tax liability, unless otherwise provided by tax laws). |
| Determining, asserting or defending claims that the Administrator may assert or that may be asserted against the Administrator | Article 6(1)(f) of the RODO Regulation (legitimate interest of the Administrator) – processing is necessary for the purposes of the Administrator’s legitimate interests – consisting of establishing, asserting or defending claims that the Administrator may raise or that may be raised against the Administrator | The data are kept for the period of existence 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). |
| Using the website of the Online Store and ensuring its proper operation | Article 6(1)(f) of the RODO Regulation (legitimate interest of the Administrator) – processing is necessary for the purposes of the Administrator’s legitimate interests – consisting of running and maintaining the Online Store website | The data shall be stored for the period of existence of the legitimate interest pursued by the Administrator, but no longer than the statute of limitations for the Administrator’s claims against the data subject on account of the Administrator’s business activities. The period of limitation is determined by the provisions of law, in particular the Civil Code (the basic limitation period for claims related to the conduct of business activities is three years, and for the Sales Agreement it is two years). |
| Keeping statistics and analyzing traffic on the Online Store | Article 6(1)(f) of the RODO Regulation (legitimate interest of the Administrator) – processing is necessary for the purposes of the Administrator’s legitimate interests – consisting of statistics and analysis of traffic in the Online Store to improve the functioning of the Online Store and increase the | The data shall be stored for the period of existence of the legitimate interest pursued by the Administrator, but no longer than the statute of limitations of the Administrator’s claims against the data subject on account of the Administrator’s business activities. The period of limitation is determined by the provisions of law, in particular the Code. |
| sales of Products | Civil Code (the basic statute of limitations for claims related to the conduct of business is three years, and for the Sales Contract is two years). |
4. RECIPIENTS OF DATA IN THE ONLINE STORE
4.1. For the proper functioning of the Online Store, including the execution 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 only uses the services of such processors who provide sufficient guarantees for the implementation of appropriate technical and organizational measures so that the processing meets the requirements of the RODO Regulation and protects the rights of data subjects.
4.2. Personal data may be transferred by the Administrator to a third country, in which case the Administrator ensures that this will be done with respect to a country providing an adequate level of protection – in accordance with the RODO Regulation, and in the case of other countries, that the transfer will take place on the basis of standard data protection clauses. The controller shall ensure that the data subject has the opportunity to obtain a copy of his/her data. The Administrator shall transfer the collected personal data only in the case and to the extent necessary to fulfill the given purpose of data processing in accordance with this Privacy Policy.
4.3. 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 realization of the given purpose of personal data processing and only to the extent necessary for its realization.
4.4. Personal data of Service Recipients and Customers of the Online Store may be transferred to the following recipients or categories of recipients:
4.4.1. carriers / forwarders / courier brokers / entities handling the warehouse and/or shipping process – in the case of a Customer who uses the method of delivery of a Product by mail or courier in the Online Store, the Administrator shall make the collected personal data of the Customer available to the selected carrier, forwarder or broker performing shipments on behalf of the Administrator, and if the shipment is made from a warehouse
external – to the entity handling the warehouse and/or shipping process – to the extent necessary to complete the delivery of the Product to the Customer.
4.4.2. entities handling electronic or credit card payments – in the case of a Customer who uses the method of electronic or credit card payments in the Internet Shop, the Administrator shall make the collected personal data of the Customer available to a selected entity handling the above payments in the Internet Shop on behalf of the Administrator to the extent necessary to handle the payment made by the Customer.
4.4.3. service providers supplying the Administrator with technical, IT and organizational solutions that enable the Administrator to conduct its business, including the Online Store and Electronic Services provided through it (in particular, providers of computer software to run the Online Store, e-mail and hosting providers, and providers of business management and technical support software to the Administrator) – the Administrator shall make the collected personal data of the Customer available to the selected provider acting on its behalf only in the case and to the extent necessary to achieve the given purpose of data processing in accordance with this Privacy Policy.
4.4.4. accounting, legal and advisory service providers providing accounting, legal or advisory support to the Administrator (in particular, an accounting office, law firm or debt collection company) – the Administrator shall make the collected personal data of the Client available to the selected provider acting on its behalf only in the case and to the extent necessary to realize 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 website of the Internet Store that allow the browser of the person visiting the website of the Internet Store to download content from the providers of the said plug-ins (e.g., logging in using the login data of a social network) and transfer to these providers personal data of the visitor for this purpose, including
also:
4.4.5.1. Meta Platforms Ireland Ltd. – The Administrator uses Facebook social plug-ins (e.g. Like button, Share button or login using Facebook login details) on the website of the Online Store and therefore collects and shares the personal data of the Customer using the website of the Online Store with Meta Platforms 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, sites visited, purchases, ads displayed, and use of services – regardless of whether the Service Recipient has a Facebook account and is logged into Facebook).
With comments from [Prawnik1]: Important! The RODO imposes an obligation to enter into a data processing entrustment agreement with each entity processing personal data of customers on our behalf. Among other things, this agreement should specify the subject and duration of processing, the nature and purpose of processing, the type of personal data and categories of data subjects, the obligations and rights of the controller. The RODO also provides a number of additional provisions that such an agreement should contain. The absence of such an agreement constitutes a violation of the RODO. It is also in your interest to conclude such an agreement – in the event of an audit based on it, you will be able to demonstrate the provision of adequate data protection.
If you need assistance in preparing such an agreement or reviewing the current one for compliance with RODO, please let me know and I will prepare a separate quote in this regard.
With comments from [Prawnik2]: If you have a fanpage on Facebook or Instagram, please note that the fanpage administrator is also the personal data controller. In this case, there is an information obligation under the RODO, which can be fulfilled, for example, by posting the relevant information on the fanpage (e.g. in the “Information” section or by providing a dedicated page).
If you need assistance in preparing such an information clause, please contact me and I will prepare a separate quote in this regard.
5. PROFILING IN THE ONLINE STORE
5.1. The RODO Regulation imposes an obligation on the Controller to provide information on automated decision-making, including profiling, as referred to in Article 22 (1) and (4) of the RODO Regulation, and, at least in those cases, relevant information on the modalities of such decision-making, as well as the significance and anticipated consequences of such processing for the data subject. With this in mind, the Administrator provides information on possible profiling in this section of the privacy policy.
5.2. The Administrator may use profiling on the Online Store for direct marketing purposes, but the decisions made on its basis by the Administrator do not concern the conclusion or refusal of a Sales Agreement or the possibility of using Electronic Services on the Online Store. The effect of the use of profiling in the Online Store may be, for example, to grant a person a discount, send him/her a discount code, remind him/her of unfinished purchases, send him/her a proposal for a Product that may match the person’s interests or preferences, or offer better conditions compared to the standard offer of the Online Store. Despite the profiling, it is the individual who freely decides whether to take advantage of the discount or better terms received in this way and make a purchase from the Online Store.
5.3 Profiling in the Online Store consists in automatic analysis or prediction of a person’s behavior on the Online Store website, e.g. by adding a particular Product to the shopping cart, browsing the page of a particular 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 the person,
so that you can then send her, for example, a discount code.
5.4. The data subject has the right not to be subject to a decision that is based solely on automated processing, including profiling, and that produces legal effects on the person or similarly significantly affects the person.
6. RIGHTS OF THE DATA SUBJECT
6.1 Right of access, rectification, restriction, deletion or portability – The data subject has the right to demand from the Controller access to his/her personal data, rectification, erasure (“right to be forgotten”) or restriction of processing, and has the right to object to processing, and has the right to portability of his/her data. The detailed conditions for exercising the rights indicated above are indicated in Articles 15-21 of the RODO Regulation.
6.2 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 Article 6(1)(a) or Article 9(2)(a) of the RODO Regulation), that person 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.
6.3 The right to lodge a complaint with a supervisory authority – The person whose data is processed by the Administrator has the right to lodge a complaint to the supervisory authority in the manner and mode specified in the provisions of the RODO Regulation and Polish law, in particular the Personal Data Protection Act. The supervisory authority in Poland is the President of the Office for Personal Data Protection.
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 based on Article 6(1)(e) (public interest or tasks) or (f) (legitimate interest of the controller), including profiling under these provisions. In such a case, the controller shall no longer be allowed to process such personal data, unless the controller demonstrates the existence of compelling legitimate grounds for the processing overriding the interests, rights and freedoms of the data subject, or grounds for establishing, asserting or defending claims.
6.5 Right to object to direct marketing – if personal data is 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 the processing is related to such direct marketing.
6.6. In order to exercise the rights referred to in this section of the privacy policy, you may contact the Administrator by sending an appropriate message in writing or by e-mail to the Administrator’s address indicated at the beginning of the privacy policy or by using the contact form available on the website of the Online Store.
7. ONLINE STORE COOKIES AND ANALYTICS
7.1. Cookies are small text information in the form of text files, sent by a server and stored on the side of the person visiting the site of the Online Store (e.g. on the hard disk of a computer, laptop, or on the memory card of a smartphone – depending on the device used by the visitor to our Online Store). Detailed information about cookies, as well as the history of their creation can be found, among others, here: https://pl.wikipedia.org/wiki/HTTP_cookie.
With a comment from [Prawnik3]: RODO requires information about profiling, and the definition of profiling in RODO is so unspecific that I recommend that provisions with the content indicated here be included in the terms and conditions, just in case.
7.2. Cookies that can be sent by the Web Store site can be divided into different types, according to the following criteria:
| By their provider: 1) their own (created by the Administrator’s Online Store site) and 2) owned by third parties/entities (other than the Administrator) | Due to their period of stored on the device of a person visiting the website of the Online Store: 1) session files (stored until you log out of the Online Store or turn off your web browser) and 2) permanent files (stored for a specific period of time, defined by the parameters of each file or until they are manually deleted) | Due to the purpose of their use: 1) indispensable (enabling proper functioning of the Internet Store website), 2) functional/preferential (enabling adaptation of the Internet Store website to the visitor’s preferences), 3) analytical and performance (collecting information on the manner of use of the Internet Store website), 4) marketing, advertising and social networking (collecting information about the person visiting the site of the Internet Shop for the purpose of displaying advertisements to that person, their personalization, measuring their effectiveness and conducting other marketing activities, including on websites separate from the site of the Internet Shop, such as social networking sites or other sites belonging to the same advertising networks as the Internet Shop) |
7.3. The Administrator may process the data contained in cookies when visitors use the website of the Online Store for the following specific purposes:
| Purposes of using cookies in the Online Store Administrator | Identify Service Recipients as logged in to the Online Store and show that they are logged in (essential cookies) |
| remembering the Products added to the shopping cart in order to place an Order (cookies necessary) | |
| storing data from completed Order Forms, surveys or login data to the Online Store (essential and/or functional/preference cookies) | |
| adapting the content of the Internet Shop’s website to the individual preferences of the Customer (e.g. concerning colors, font size, page layout) and optimizing the use of the pages of the Internet Shop (functional/preference cookies) | |
| keep anonymous statistics showing how the website of the Internet Shop is used (analytical and performance cookies) |
7.4. Checking in the most popular web browsers what cookies (including the duration of cookies and their provider) are sent at any given time by the website of the Online Store is possible as follows:
| In the Chrome browser: (1) in the address bar, click on the padlock icon on the left, (2) go to the “Cookies” tab. | In Firefox browser: (1) in the address bar, click on the shield icon on the left, (2) go to the “Allowed” or “Blocked” tab, (3) click on the “Tracking cookies between sites” box, “Tracking elements | In Internet Explorer: (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 “Display |
| Social networks” or “Content with tracking elements” | files” | |
| In the Opera browser: (1) in the address bar, click on 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 in the “Manage site data” box | Regardless of the browser, with using tools available , for example, at website: https://www.cookiemetrix.com/ or: https://www.cookie-checker.com/ |
7.5. By default, most web browsers on the market accept the storage of Cookies by default. Everyone has the ability to determine the conditions for the use of Cookies through the settings of their own web browser. This means that you can, for example, partially restrict (e.g. temporarily) or completely disable the ability to save Cookies – in the latter case, however, this may affect some of the functionality of the Online Store (for example, it may not be possible to pass the Order path through the Order Form due to the failure to remember the Products in the shopping cart during the subsequent steps of placing the Order).
7.6. The settings of your Internet browser regarding cookies are important in terms of your consent to the use of cookies by our Online Store – in accordance with the regulations, such consent can also be expressed through the settings of your Internet browser. Detailed information on how to change the settings for Cookies and how to delete them yourself 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):
in Chrome browser
in Firefox
in Internet Explorer
in Opera browser
in Safari browser
in the Microsoft Edge browser
7.7. The Administrator may use services in the Online Store:
7.7.1. Google Analytics, Universal Analytics provided by Google Ireland Limited (Gordon House, Barrow Street, Dublin 4, Ireland).
7.7.1.1 These services help the Administrator to keep statistics and analyze traffic on the Online Store. The data collected is processed as part of the above services to generate statistics to help administer the Online Store and analyze traffic in the Online Store. These data are of an aggregate nature. When using the above services on the Online Store, the Administrator collects such data as the sources and medium of acquisition of visitors to the Online Store and the way they behave on the Online Store website, information on the devices and browsers from which they visit the site, IP and domain, geographical data and demographic data (age, gender) and interests.
7.7.1.2 It is possible for a person to easily block the sharing of information about his/her activity on the website of the Online Store with Google Analytics – for this purpose, for example, you can install a browser add-on provided by Google Ireland Ltd. available here: https://tools.google.com/dlpage/gaoptout?hl=pl.
7.7.1.3 In connection with the Administrator’s ability to use advertising and analytical services provided by Google Ireland Ltd. in the Online Store, the Administrator indicates that full information about the principles of processing of data of visitors to the Online Store (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.
7.7.2 Hotjar Limited (Dragonara Business Centre, 5th Floor, Dragonara Road, Paceville St Julian’s STJ 3141, Malta). 7.7.2.1 This service helps the Administrator to find out what actions visitors to the online store take, and to perform optimization of the purchase path.
7.7.2.2 In connection with the Administrator’s ability to use advertising and analytical services provided by Hotjar Limited in the Online Store, the Administrator indicates that full information about the principles of processing of data of visitors to the Online Store (including information stored in cookies) by Hotjar Limited can be found in the privacy policy available at https://www.hotjar.com/tour.
8. FINAL PROVISIONS
8.1. The online store may contain links to other websites. The Administrator urges you, when you go to other sites, to read the privacy policy established there. This privacy policy applies only to the Administrator’s Online Store.
