TABLE OF CONTENTS:
1. GENERAL PROVISIONS
2. LEGAL BASIS FOR DATA PROCESSING
3. PURPOSE, BASIS, PERIOD, AND SCOPE OF DATA PROCESSING IN THE ONLINE STORE
4. DATA RECIPIENTS IN THE ONLINE STORE
5. PROFILING IN THE ONLINE STORE
6. RIGHTS OF THE DATA SUBJECT
7. COOKIES IN THE ONLINE STORE, OPERATIONAL DATA AND ANALYTICS
8. FINAL PROVISIONS
1. GENERAL PROVISIONS
1.1. This privacy policy of the Online Store is for informational purposes only, which means it does not impose obligations on Service Users or Customers of the Online Store. The privacy policy primarily outlines the rules for personal data processing by the Administrator in the Online Store, including the legal bases, purposes, and scope of personal data processing, as well as the rights of data subjects, and information regarding the use of cookies and analytical tools in the Online Store.
1.2. The Administrator of personal data collected via the Online Store is Bäcker Polska Sp. z o.o., entered into the register of entrepreneurs of the National Court Register, registration court: District Court in Częstochowa, XVII Commercial Division, with its registered office and delivery address at: Cichociemnych 32, 42-700 Lubliniec, Poland, KRS: 0000133562, NIP: 575-16-34-877, REGON: 151363576, email address: sklep@backer.pl, phone number: +48 34 353 00 03 - hereinafter referred to as the "Administrator" and simultaneously being the Service Provider of the Online Store and the Seller.
1.3. Contact details of the Data Protection Officer appointed by the Administrator: administrator.danych@backer.pl
1.4. Personal data in the Online Store is processed by the Administrator in accordance with applicable law, particularly 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 Regulation: http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32016R0679
1.5. The use of the Online Store, including making purchases, is voluntary. Similarly, the provision of personal data by the Service User or Customer using the Online Store is voluntary, with two exceptions: (1) Entering into agreements with the Administrator - failure to provide personal data necessary for the conclusion and performance of a Sales Agreement or an Electronic Service Agreement with the Administrator in the cases and scope indicated on the Online Store's website, in the Online Store's Terms and Conditions, and in this privacy policy, will result in the inability to conclude such an agreement. In such a case, the provision of personal data is a contractual requirement, and if the data subject wishes to conclude a given agreement with the Administrator, they are obliged to provide the required data. The scope of data required for concluding an agreement is always indicated beforehand on the Online Store's website and in the Online Store's Terms and Conditions; (2) Administrator's statutory obligations - the provision of personal data is a statutory requirement resulting from generally applicable legal provisions imposing on the Administrator the obligation to process personal data (e.g., processing data for tax or accounting purposes), and failure to provide them will prevent the Administrator from fulfilling these obligations.
1.6. The Administrator exercises particular diligence to protect the interests of persons whose personal data it processes, and in particular is responsible for and ensures that the data it collects are: (1) processed lawfully; (2) collected for specified, legitimate 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) stored in a form enabling identification of data subjects for no longer than is necessary to achieve the purpose of processing, and (5) processed in a manner ensuring appropriate 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.
1.7. Considering the nature, scope, context, and purposes of processing, and the varying likelihood and severity of risks to the rights and freedoms of natural persons, the Administrator implements appropriate technical and organizational measures to ensure and be able to demonstrate that processing is performed in accordance with this Regulation. These measures are, if necessary, reviewed and updated. The Administrator applies technical measures to prevent unauthorized persons from obtaining and modifying personal data transmitted electronically.
1.8. All words, phrases, and acronyms appearing in this privacy policy and beginning with a capital letter (e.g., Seller, Online Store, Electronic Service) should be understood according to their definition contained in the Online Store Terms and Conditions available on the Online Store's pages.
2. LEGAL BASIS FOR DATA PROCESSING
2.1. The Administrator 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 Administrator is subject; or (4) processing is necessary for the purposes of the legitimate interests pursued by the Administrator 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 Administrator always requires the existence of at least one of the grounds indicated in point 2.1 of the privacy policy. The specific grounds for processing the personal data of Service Users and Customers of the Online Store by the Administrator are indicated in the next point of the privacy policy – with reference to the specific purpose of personal data processing by the Administrator.
3. PURPOSE, BASIS, PERIOD, AND SCOPE OF DATA PROCESSING IN THE ONLINE STORE
3.1. The purpose, legal basis, period, scope, and recipients of personal data processed by the Administrator always result from the actions undertaken by the particular Service User or Customer in the Online Store. For example, if a Customer decides to make purchases in the Online Store and chooses personal pickup of the purchased Product instead of courier delivery, their personal data will be processed for the purpose of fulfilling the concluded Sales Agreement, but will no longer be shared with the carrier performing deliveries on behalf of the Administrator.
3.2. The Administrator may process personal data in the Online Store for the following purposes, on the following legal bases, for the following periods, and to the following extent:
|
Purpose of data processing |
Legal basis for processing and data retention period |
Scope of processed data |
|
Performance of a Sales Agreement or an Electronic Service Agreement or taking steps at the request of the data subject prior to concluding the aforementioned agreements |
Article 6(1)(b) of the GDPR Regulation (performance of a contract). Data is stored for the period necessary for the performance, termination, or other expiry of the concluded agreement. |
Maximum scope: first name and last name; email address; contact phone number; delivery address (street, house number, apartment number, postal code, city, country), residence/business/registered office address (if different from delivery address). In the case of Service Users or Customers who are not consumers, the Administrator may additionally process the company name and tax identification number (NIP) of the Service User or Customer. The specified scope is maximum – for example, in the case of personal pickup, it is not necessary to provide a delivery address. |
|
Direct marketing |
Article 6(1)(f) of the GDPR Regulation (legitimate interest of the administrator). Data is stored for the period of the Administrator's legitimate interest, but no longer than the statute of limitations for claims against the data subject arising from the Administrator's business activity. The statute of limitations is determined by law, particularly the Civil Code (the basic statute of limitations for claims related to business activity is three years, and for a sales agreement, two years). The Administrator may not process data for direct marketing purposes if the data subject has effectively objected to this. |
Email address |
|
Marketing |
Article 6(1)(a) of the GDPR Regulation (consent) Data is stored until the data subject withdraws consent for further processing of their data for this purpose. |
First name, email address |
|
Keeping accounting records |
Article 6(1)(c) of the GDPR Regulation in conjunction with applicable accounting and tax laws (e.g., for Poland, Art. 74(2) of the Accounting Act of January 30, 2018, Dz.U. 2018, item 395). Data is stored for the period required by law, which obliges the Administrator to keep accounting records (5 years, counting from the beginning of the financial year following the year to which the data relates). |
First name and last name; residence/business/registered office address (if different from delivery address), company name and tax identification number (NIP) of the Service User or Customer |
|
Establishing, exercising, or defending claims that the Administrator may raise or that may be raised against the Administrator |
Article 6(1)(f) of the GDPR Regulation Data is stored for the period of the Administrator's legitimate interest, but no longer than the statute of limitations for claims against the data subject arising from the Administrator's business activity. The statute of limitations is determined by law, particularly the Civil Code (the basic statute of limitations for claims related to business activity is three years, and for a sales agreement, two years). |
First name and last name; contact phone number; email address; delivery address (street, house number, apartment number, postal code, city, country), residence/business/registered office address (if different from delivery address). In the case of Service Users or Customers who are not consumers, the Administrator may additionally process the company name and tax identification number (NIP) of the Service User or Customer. |
4. DATA RECIPIENTS IN THE ONLINE STORE
4.1. 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 software providers, couriers, or payment service providers). The Administrator uses only 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 GDPR Regulation and protects the rights of data subjects.
4.2. The transfer of data by the Administrator does not occur 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 to achieve a given purpose of personal data processing and only to the extent necessary to achieve it. For example, if a Customer uses personal pickup, their data will not be transferred to the carrier cooperating with the Administrator.
4.3. Personal data of Service Users and Customers of the Online Store may be transferred to the following recipients or categories of recipients:
4.3.1. Carriers / freight forwarders / courier brokers - in the case of a Customer who uses postal or courier delivery for a Product in the Online Store, the Administrator provides the collected personal data of the Customer to the selected carrier, freight forwarder, or intermediary performing shipments on behalf of the Administrator to the extent necessary to deliver the Product to the Customer.
4.3.2. Electronic payment or credit card payment service providers - in the case of a Customer who uses electronic payment or credit card payment methods in the Online Store, the Administrator provides the collected personal data of the Customer to the selected entity processing these payments in the Online Store on behalf of the Administrator to the extent necessary to process the payment made by the Customer.
4.3.3. Service providers supplying the Administrator with technical, IT, and organizational solutions that enable the Administrator to conduct business, including the Online Store and Electronic Services provided through it (in particular, suppliers of computer software for operating the Online Store, email and hosting providers, and suppliers of business management software and technical support for the Administrator) - The Administrator provides the collected personal data of the Customer to the selected supplier acting on its behalf only if and to the extent necessary to achieve the specific purpose of data processing in accordance with this privacy policy.
4.3.4. Providers of accounting, legal, and advisory services providing the Administrator with accounting, legal, or advisory support (in particular, accounting firms, law firms, or debt collection agencies) - The Administrator provides the collected personal data of the Customer to the selected provider acting on its behalf only if and to the extent necessary to achieve the specific purpose of data processing in accordance with this privacy policy.
4.3.5. Facebook Ireland Ltd. – The Administrator uses social plugins from Facebook (e.g., "Like" button, "Share" button, or login using Facebook login details) on the Online Store's website and, in this regard, collects and shares personal data of the Service User using the Online Store's website with Facebook Ireland Ltd. (4 Grand Canal Square, Grand Canal Harbour, Dublin 2 Ireland) to the extent and in accordance with the privacy principles available here: https://www.facebook.com/about/privacy/ (this data includes information about activities on the Online Store's website – including information about the device, visited websites, purchases, displayed ads, and how services are used – regardless of whether the Service User has a Facebook account and is logged into Facebook).
5. PROFILING IN THE ONLINE STORE
5.1. The GDPR Regulation imposes on the Administrator the obligation to provide information on automated decision-making, including profiling, as referred to in Art. 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. Bearing this in mind, the Administrator provides information regarding possible profiling in this point of the privacy policy.
5.2. The Administrator may use profiling in the Online Store for direct marketing purposes, but decisions made by the Administrator based on profiling do not concern the conclusion or refusal to conclude a Sales Agreement, or the ability to use Electronic Services in the Online Store. The effect of using profiling in the Online Store may be, for example, granting a discount to a given person, sending them a discount code, reminding them about unfinished purchases, sending product suggestions that may match their interests or preferences, or offering better conditions compared to the standard offer of the Online Store. Despite profiling, the person freely decides whether they want to use the discount or better conditions received in this way and make a purchase in the Online Store.
5.3. Profiling in the Online Store involves the automatic analysis or prediction of a person's behavior on the Online Store's website, for example, by adding a specific Product to the cart, Browse the page of a specific Product in the Online Store, or by analyzing 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 given person in order to be able to then send them, for example, a discount code.
5.4. The data subject shall have 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 to access, rectification, restriction, erasure, or data portability - the data subject has the right to request from the Administrator access to their personal data, their rectification, erasure ("right to be forgotten") or restriction of processing, and has the right to object to processing, and also has the right to data portability. Detailed conditions for exercising the aforementioned rights are indicated in Art. 15-21 of the GDPR Regulation.
6.2. Right to withdraw consent at any time – if the data of a person is processed by the Administrator based on expressed consent (pursuant to Article 6(1)(a) or Article 9(2)(a) of the GDPR Regulation), then that person has the right to withdraw consent at any time without affecting the lawfulness of processing carried out on the basis of consent before its withdrawal.
6.3. 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 Regulation and Polish law, in particular the Personal Data Protection Act. 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 shall have the right to object, on grounds relating to his or her particular situation, at any time to processing of personal data concerning him or her which is based on Article 6(1)(e) (public interest or official authority) or (f) (legitimate interest of the controller), including profiling based on those provisions. The Administrator shall no longer process the personal data unless the Administrator 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.
6.5. Right to object to direct marketing - where personal data are processed for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing, which includes profiling to the extent that it is related to such direct marketing.
6.6. To exercise the rights referred to in this point of the privacy policy, you can contact the Administrator by sending an appropriate message in writing or by email to the Administrator's address indicated at the beginning of the privacy policy or by using the contact form available on the Online Store's website.
7. COOKIES IN THE ONLINE STORE, OPERATIONAL DATA AND ANALYTICS
7.1. Cookies are small text information in the form of text files, sent by the server and stored on the side of the person visiting the Online Store's website (e.g., on the hard drive of a computer, laptop, or on a smartphone's memory card – depending on the device used by the visitor of our Online Store). Detailed information regarding Cookies, as well as their history, can be found, among others, here: https://en.wikipedia.org/wiki/HTTP_cookie.
7.2. The Administrator may process data contained in Cookies when visitors use the Online Store's website for the following purposes:
7.2.1. Identifying Service Users as logged in to the Online Store and showing that they are logged in;
7.2.2. Remembering Products added to the cart for placing an Order;
7.2.3. Remembering data from completed Order Forms, surveys, or login data to the Online Store;
7.2.4. Conducting anonymous statistics showing how the Online Store's website is used;
7.2.5. Remarketing, i.e., examining the behavioral characteristics of Online Store visitors through anonymous analysis of their actions (e.g., repeated visits to specific pages, keywords, etc.) to create their profile and deliver advertisements tailored to their anticipated interests, even when they visit other websites in the advertising network of Google Inc. and Facebook Ireland Ltd.;
7.3. By default, most web browsers available on the market automatically accept the saving of Cookies. Everyone has the option to define the conditions for using Cookies through their own web browser settings. This means that you can, for example, partially restrict (e.g., temporarily) or completely disable the ability to save Cookies – however, in the latter case, this may affect some functionalities of the Online Store (for example, it may be impossible to complete the Order process via the Order Form due to Products not being remembered in the cart during subsequent steps of placing the Order).
7.4. Browser settings regarding Cookies are significant from the perspective of consenting to the use of Cookies by our Online Store – in accordance with the regulations, such consent can also be expressed through browser settings. In the absence of such consent, you should adjust your browser settings regarding Cookies accordingly.
7.5. Detailed information on changing settings for cookies and deleting them independently in the most popular web browsers is available in the browser's help section and on the following pages (just click the link):
in Chrome browser
in Firefox browser
in Internet Explorer browser
in Opera browser
in Safari browser
in Microsoft Edge browser
7.6. The Administrator may use Google Analytics and Universal Analytics services provided by Google Inc. (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA) in the Online Store. These services help the Administrator analyze traffic in the Online Store. The collected data is processed anonymously within the scope of the above services (these are so-called operational data that prevent the identification of a person) to generate statistics useful for administering the Online Store. This data is aggregate and anonymous, i.e., it does not contain identifying characteristics (personal data) of persons visiting the Online Store's website. When using the above services in the Online Store, the Administrator collects data such as the sources and medium of acquisition of Online Store visitors and their behavior on the Online Store's 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.
7.7. It is possible for a given person to easily block Google Analytics from sharing information about their activity on the Online Store's website – to do this, you can install a browser add-on provided by Google Inc. available here: https://tools.google.com/dlpage/gaoptout?hl=en.
8. FINAL PROVISIONS
8.1. The Online Store may contain links to other websites. The Administrator encourages you to familiarize yourself with the privacy policy established there after navigating to other websites. This privacy policy applies only to the Administrator's Online Store.