I. General provisions
II. Processing and protection of personal data
- Firma Produkcyjno-Handlowo-Usługowa “MOTYL” Mirosław Motyl shall collect and process personal data in accordance with the Act of 10 May 2018 on the Protection of Personal Data (Journal of Laws from 2019, item 1781, consolidated text) and the 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.
- Processing of personal data shall mean any activity or operation performed on personal data provided by the User, such as collection, recording, organization, ordering, storing, adapting or modifying, downloading, viewing, use, disclosure through transmission, dissemination or otherwise making available, adjustment or combination, restriction, deletion or destruction.
- Registration on the Website shall require the User to provide only the personal data necessary to set up an account and correctly identify the User, including the User’s first and last name, login, e-mail address and telephone number (optional). A confirmation by clicking on the activation link sent to the e-mail address provided in the registration form is required to complete the User registration.
- In order to carry out deliveries of goods ordered as part of the use of the Website, the User shall also be obliged to provide the personal data of the recipient of the goods, including; first and last name, delivery address and telephone number.
- For statistical purposes and for security reasons, the following data is collected automatically: ip address, type of device, version of operating system, type of browser.
- Processing of personal data is necessary to carry out the process of User registration and use of the Website’s services by the User. Providing personal data by the User, indicated in sec. 4 and 5 is voluntary. However, if for any reason the User does not provide the personal data indicated in sec. 4, it shall not be possible to complete the registration process, and in case of refusal to provide the data indicated in sec. 5, the User shall not be able to order goods available for sale on the website and, as a consequence, the Controller shall not be able to conclude an agreement with the User for the sale of goods offered for sale on the website.
- The Controller of the User’s personal data provided during the registration process, as well as during the conclusion and execution of sales agreements shall be Firma Produkcyjno-Handlowo-Usługowa “MOTYL” Mirosław Motyl, with its registered office in Końskie 26-200, at ul. Fabryczna 9c. In matters related to the protection of personal data, the User may contact the Controller in writing using traditional mail, using the above-mentioned address or by e-mail — firstname.lastname@example.org.
- Personal data processed by the Controller include the data specified in sec. 4 and 5, as well as other data, to the processing of which the User consents during the registration and course of using the website.
- The legal basis for the Controller’s processing of personal data obtained in the process of registration and use of the Website is:
- 6(1)(a) of GDPR — the processing of personal data is subject to obtaining consent to their processing from the data subject. Under the above-mentioned basis, the Controller shall process the User’s personal data by saving the data in cookies, for the purposes of organizing competitions and promotional actions in which the User may take part and for statistical purposes;
- 6(1)(b) of GDPR — to the extent the processing of personal data is necessary for the performance of the agreement, as well as to take action at the request of the User, before concluding the agreement. Under the above-mentioned basis, the Controller shall process the User’s personal data in order to carry out the process of registration of the User, enable provision of services using electronic means and full use of the Website, including making transactions and payments, provide support for the User’s account and transactions, including solving technical problems, performance of sales agreements by the Controller via the Website, contacting the User, including for purposes related to the provision of services, providing customer support for the User, through available communication channels, in particular e-mail, telephone and social media (e.g. Facebook Messenger, Instagram, Twitter, WhatsApp, WeChat), handling complaints, providing delivery services;
- 6(1)(c) of GDPR — to the extent the processing of personal data is necessary to fulfill the legal obligation of the Controller. Under the above-mentioned basis, the Controller may require the User to provide data other than those indicated in sec. 4 and 5, if so required by law, e.g. for accounting or tax matters;
- 6(1)(f) of GDPR — to the extent the processing of personal data is necessary for the purposes resulting from legally justified interests pursued by the Controller. Under the above-mentioned basis, the Controller shall process the User’s personal data in order to conduct direct marketing of their own services, as part of a free-of-charge newsletter, contact the User, including for the purposes related to permitted marketing activities, through available communication channels, in particular via e-mail and telephone, provide payment and courier services, ensure the security of services provided by electronic means, handle the User’s requests not directly related to the concluded agreements, organization of loyalty programs, competitions and promotional actions in which the User may participate, debt collection, conducting court, arbitration and mediation proceedings, storing data for archiving purposes and ensuring accountability of the data processing.
- The recipients of the User’s personal data shall be persons appointed to contact the User in matters related to the registration and use of the Website and other persons employed by the Controller, as part of their official duties, on the basis of the authorization granted to them.
- Personal data may also be transferred to entities assisting the Controller in the provision of electronic services, providing payment, credit, courier, insurance or other services provided for the Users. The Controller undertakes not to share Users’ data with third parties for marketing and advertising purposes. The data shall be used only to ensure proper functioning of the Website and to provide the possibility of concluding or performing an agreement concluded with the Users, including also the support/improvement of the process of completing orders placed via the Website. Personal data may be provided to the following business entities:
- Przelewy24/ PayPro SA, ul. Kanclerska 15, 60-327 Poznań — to process online payments initiated by the Users.
- Furgonetka sp. z o.o. sp. k. with its registered office in Warsaw, ul. Inżynierska 8, 03-422 Warsaw — to deliver the ordered goods to the address provided by the User.
- FreshMail Sp. z o.o. with its registered office in Kraków at ul. 29 Listopada 155c, NIP (TIN): 6751496393, REGON No.: 123040091 — to send a newsletter to the User’s e-mail address.
13. User’s personal data shall not be transferred to any foreign country or international organization.
14. The storage period of the User’s personal data depends on the purpose for which they were collected and the legal basis of processing, i.e.:
- when the processing concerns the personal data, the processing of which requires the User’s consent — until this consent is withdrawn;
- when the processing of personal data is necessary for the performance of the agreement — personal data is processed for the time necessary for the performance of the agreement, and after its completion — for a period of time corresponding to the statute of limitations on the Controller’s claims against the User or the User’s claims against the Controller, but not longer than 10 years from the date of the fulfillment of the agreement. If special regulations provide for a longer statute of limitations on claims than indicated above, personal data shall be processed by the Controller until the expiry of the statute of limitation of these claims;
- if the processed personal data are necessary for the Controller to fulfill their legal obligations, including in particular tax and accounting, statistical and archiving obligations — until the Controller fulfills these obligations;
- if the processed personal data are necessary for the Controller’s legally justified interest — the data are processed until the purpose of their processing ceases or until a justified objection to the processing of personal data is taken into account. An objection shall not be taken into account if the Controller proves the existence of important legitimate grounds for processing, overriding the interests, rights and freedoms of the data subject or grounds for establishing, pursuing or defending claims.
15. The User shall have the right to:
- access their personal data;
- withdraw the consent to the processing of personal data, for which such consent is required, at any time. Withdrawal of consent shall not affect the lawfulness of the processing carried out on the basis of the consent prior to its withdrawal;
- object to the processing of personal data when the processing of personal data is carried out on the basis of the Controller’s legitimate interest or for statistical purposes, and the objection is justified by the particular situation in which the User is at the given moment. If a justified objection is accepted, the data shall not be processed further;
- demand to correct personal data or supplement personal data if they are incorrect or incomplete;
- request the removal of personal data — if:
- they are not necessary for the purposes for which they were obtained by the Controller;
- the User withdraws their consent to the processing of personal data (when such consent is required to process the data);
- personal data is processed illegally;
- the data should be deleted in order to fulfill a legal obligation;
- demand limitation of data processing — if:
- the data are incorrect, the User may demand a limitation of data processing for a period of time allowing the Controller to verify the correctness of the data;
- the data is being processed illegally, and the User opposes the deletion of the personal data, instead demanding limitation of their use;
- the User objects to the processing of data until it is determined whether legally justified grounds on the part of the Controller take precedence over the grounds for objection.
- the personal data is not needed by the Controller, but may be needed by the User to represent or assert claims;
- data transfer — the User shall have the right to transfer personal data provided to the Controller to another controller, and the Controller shall not interfere in any way with the transfer of such data. The right to transfer data covers only personal data processed using IT systems. Should such a request be made, the Controller shall:
- make the User’s personal data available to the User in a commonly used format, so that computer applications can easily identify, recognize and obtain specific data,
- transfer this data directly to another controller — if technically possible.
- The User shall have the right to lodge a complaint, in connection with the Controller’s processing of personal data, to the supervisory authority — the President of the Office for the Protection of Personal Data (formerly Inspector General for Personal Data Protection).
III. Sending information using electronic means.
- Firma Produkcyjno-Handlowo-Usługowa “MOTYL” Mirosław Motyl sends out a free-of-charge newsletter containing information about promotions on the website. The newsletter is sent to the e-mail address of the User who have consented to this in accordance with the Act of 18 July 2002 on providing services by electronic means (Journal of Laws No. 144 from 2002, item 1204).
- The Newsletter shall not be sent to all registered users. Each User wishing to receive the Newsletter must provide a separate consent by checking the appropriate box in the registration form.
- In order to stop receiving the Newsletter, the box indicating the consent to receive commercial information must be uncheck in the Customer Panel in the “Your account” tab.
IV. Cookies Policy
- The operation of this Website is partially based on using cookies. Cookies are text files created on the User’s computer by a program running on the server. These files allow the recognition of the User’s device and the proper display of the website adjusted to the User’s individual preferences. They make it possible to display the website in the User’s language recorded in these files, as well as to use other website settings as selected by the User. Cookies usually contain the name of the website from which they come from, the time of their storage on the end device and a unique number.
- Cookies are completely safe for both the User and the User’s computer. They are read by the system when switching between the pages of a website and allowing to identify the specific User.
- The Administrator’s right to store and gain access cookies files results from the consent given by the User of the website. Cookies usually contain the name of the website, which they come from, time of their storage on the end device as well as a unique number. This consent is given by the User during the process of configuring the web browser or the selected web page or service. The User shall have the right to access these settings at any time and to determine the conditions of storage or access to this information by the Administrator.
- As a standard, the web browser allows to place cookies on the end device by default. These settings can be changed in the web browser settings to block the automatic acceptance of cookies or ask for the User’s permission each time. Cookies can also be removed from the computer at any time using the web browser. However, this may result in limitations in the use of the moonula.pl Website, and cause other issues including the inability to log into the website.
V. Final provisions
- All comments, suggestions and questions should be sent to the following address: Firma Produkcyjno-Handlowo-Usługowa “MOTYL” Mirosław Motyl, ul. Fabryczna 9c, 26-200 Końskie, Poland: email@example.com