PRIVACY POLICY OF THE JANTARSTUDIO.COM ONLINE STORE
GENERAL PROVISIONS
- This privacy policy of the Online Store is informational in nature, which means that it is not a source of obligations for the Service Recipients or Customers of the Online Store. The privacy policy primarily contains rules regarding the processing of personal data by the Data Controller in the Online Store, including the grounds, purposes, and scope of personal data processing and the rights of data subjects, as well as information regarding the use of cookies and analytical tools in the Online Store.
- The Controller of personal data collected via the Online Store is ARTUR MIKLEWSKI, running a business under the name ARTUR MIKLEWSKI JANTAR STUDIO, entered into the Central Register and Information on Economic Activity of the Republic of Poland kept by the minister responsible for economy, possessing: address of the principal place of business and address for service: ul. Ogrodowa 31, 05-092 Kiełpin, NIP (Tax Identification Number): 1180897014, REGON (National Business Registry Number): 012392657, email address: sklep@jantarstudio.com, contact telephone number: +48 501733773 – hereinafter referred to as the “Data Controller”, who is also the Service Provider of the Online Store and the Seller.
- Personal data in the Online Store is processed by the Data Controller in accordance with applicable legal provisions, in particular in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) – hereinafter referred to as “GDPR” or “GDPR Regulation”. Official text of the GDPR Regulation: eur-lex.europa.eu.
- Using the Online Store, including making purchases, is voluntary. Similarly, the provision of personal data by the Service Recipient or Customer using the Online Store is voluntary, subject to two exceptions: (1) concluding contracts with the Data Controller – failure to provide, in cases and to the extent indicated on the Online Store website, in the Terms and Conditions of the Online Store, and in this privacy policy, the personal data necessary to conclude and perform a Sales Agreement or a contract for the provision of Electronic Services with the Data Controller results in the inability to conclude that contract. In such a case, providing personal data is a contractual requirement and if the data subject wishes to conclude a given contract with the Data Controller, they are obliged to provide the required data. Each time, the scope of data required to conclude a contract is indicated in advance on the Online Store website and in the Terms and Conditions of the Online Store; (2) statutory obligations of the Data Controller – providing personal data is a statutory requirement resulting from generally applicable legal provisions imposing an obligation on the Data Controller to process personal data (e.g., processing data for the purpose of keeping tax or accounting records) and failure to provide them will prevent the Data Controller from fulfilling these obligations.
- The Data Controller takes special care to protect the interests of persons whose personal data they process, and in particular is responsible for and ensures that the data collected by them are: (1) processed lawfully; (2) collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes; (3) adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed; (4) kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed; and (5) processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures.
- Taking into account the nature, scope, context and purposes of processing as well as the risks of varying likelihood and severity for the rights and freedoms of natural persons, the Data Controller implements appropriate technical and organisational measures to ensure and to be able to demonstrate that processing is performed in accordance with this regulation. Those measures are reviewed and updated where necessary. The Data Controller uses technical measures to prevent the acquisition and modification of personal data sent electronically by unauthorized persons.
- All words, expressions and acronyms appearing in this privacy policy and starting with a capital letter (e.g., Seller, Online Store, Electronic Service) should be understood in accordance with their definition contained in the Terms and Conditions of the Online Store available on the Online Store’s website.
GROUNDS FOR DATA PROCESSING
- The Data Controller is entitled to process personal data in cases where – and to the extent that – at least one of the following conditions is met: (1) the data subject has given consent to the processing of their personal data for one or more specific purposes; (2) processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract; (3) processing is necessary for compliance with a legal obligation to which the Data Controller is subject; or (4) processing is necessary for the purposes of the legitimate interests pursued by the Data Controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.
- The processing of personal data by the Data Controller requires in each case the existence of 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 Store by the Data Controller are indicated in the next point of the privacy policy – with reference to the given purpose of data processing by the Data Controller.
PURPOSE, BASIS, AND PERIOD OF DATA PROCESSING IN THE ONLINE STORE
- In each case, the purpose, legal basis, period, and recipients of personal data processed by the Data Controller results from the actions taken by the given Service Recipient or Customer in the Online Store or by the Data Controller. For example, if a Customer decides to make purchases in the Online Store and selects personal collection of the purchased Product instead of courier delivery, their personal data will be processed to perform the concluded Sales Agreement but will no longer be disclosed to the carrier carrying out shipments on behalf of the Data Controller.
- The Data Controller may process personal data within the Online Store for the following purposes, on the bases, and for the periods indicated in the table below:
| Purpose of data processing | Legal basis for data processing | Data storage period |
|---|---|---|
| Performance of a Sales Agreement or a contract for the provision of Electronic Services, or taking actions at the request of the data subject prior to entering into 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 | Data is stored for the period necessary to perform, terminate, or otherwise expire the concluded Sales Agreement or the contract for the provision of Electronic Services. |
| 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 pursued by the Data Controller – consisting of caring for the interests and good image of the Data Controller, its Online Store, and striving to sell Products | Data is stored for the duration of the legitimate interest pursued by the Data Controller, but no longer than the limitation period for claims of the Data Controller against the data subject arising from the business activity conducted by the Data Controller. The limitation period is determined by law, in particular the Civil Code (the standard limitation period for claims related to running a business is three years, and for a sales agreement two years). The Data Controller cannot process data for direct marketing purposes in the event of an effective objection expressed in this regard by the data subject. |
| Marketing | Article 6(1)(a) of the GDPR Regulation (consent) – the data subject has given consent to the processing of their personal data for marketing purposes by the Data Controller | Data is stored until the consent is withdrawn by the data subject for further processing of their data for this purpose. |
| Expression of an opinion by the Customer regarding the concluded Sales Agreement | Article 6(1)(a) of the GDPR Regulation – the data subject has given consent to the processing of their personal data for the purpose of expressing an opinion | Data is stored until the consent is withdrawn by the data subject for further processing of their data for this purpose. |
| Keeping tax or accounting records | Article 6(1)(c) of the GDPR Regulation in conjunction with Article 86 § 1 of the Tax Ordinance Act, i.e., of 17 January 2017 (Journal of Laws of 2017, item 201) or Article 74 section 2 of the Accounting Act, 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 Data Controller is subject | Data is stored for the period required by law ordering the Data Controller to store tax books (until the expiration of the limitation period for tax liability, unless tax laws stipulate otherwise) or accounting books (5 years, counting from the beginning of the year following the financial year to which the data relates). |
| Establishing, pursuing or defending claims that the Data Controller may raise or that may be raised against the Data Controller | Article 6(1)(f) of the GDPR Regulation (legitimate interest of the controller) – processing is necessary for the purposes of the legitimate interests pursued by the Data Controller – consisting of establishing, pursuing, or defending claims that the Data Controller may raise or that may be raised against the Data Controller | Data is stored for the duration of the legitimate interest pursued by the Data Controller, but no longer than the limitation period for claims that may be raised against the Data Controller (the standard limitation period for claims against the Data Controller is six years). |
| Using the Online Store website and ensuring its proper operation | Article 6(1)(f) of the GDPR Regulation (legitimate interest of the controller) – processing is necessary for the purposes of the legitimate interests pursued by the Data Controller – consisting of running and maintaining the Online Store website | Data is stored for the duration of the legitimate interest pursued by the Data Controller, but no longer than the limitation period for claims of the Data Controller against the data subject arising from the business activity conducted by the Data Controller. The limitation period is determined by law, in particular the Civil Code (the standard limitation period for claims related to running a business is three years, and for a sales agreement two years). |
| Maintaining statistics and analyzing traffic in the Online Store | Article 6(1)(f) of the GDPR Regulation (legitimate interest of the controller) – processing is necessary for the purposes of the legitimate interests pursued by the Data Controller – consisting of maintaining statistics and analyzing traffic in the Online Store in order to improve the functioning of the Online Store and increase sales of Products | Data is stored for the duration of the legitimate interest pursued by the Data Controller, but no longer than the limitation period for claims of the Data Controller against the data subject arising from the business activity conducted by the Data Controller. The limitation period is determined by law, in particular the Civil Code (the standard limitation period for claims related to running a business is three years, and for a sales agreement two years). |
DATA RECIPIENTS IN THE ONLINE STORE
- For the proper functioning of the Online Store, including the execution of concluded Sales Agreements, it is necessary for the Data Controller to use the services of external entities (such as, e.g., software provider, courier, or payment processing entity). The Data Controller only uses the services of such processors who provide sufficient guarantees to implement appropriate technical and organisational measures so that processing meets the requirements of the GDPR Regulation and protects the rights of data subjects.
- The transfer of data by the Data Controller does not occur in every case and not to all recipients or categories of recipients indicated in the privacy policy – the Data Controller transfers data only when it is necessary to achieve a given purpose of personal data processing and only to the extent necessary for its realization. For example, if the Customer chooses personal collection, their data will not be transferred to the carrier cooperating with the Data Controller.
- Personal data of Service Recipients and Customers of the Online Store may be transferred to the following recipients or categories of recipients:
- carriers / forwarders / courier brokers / entities handling the warehouse and/or shipping process – in the case of a Customer who uses the postal or courier delivery method in the Online Store, the Data Controller provides the collected personal data of the Customer to the selected carrier, forwarder or intermediary executing shipments on behalf of the Data Controller, and if the shipment is dispatched from an external warehouse – to the entity operating the warehouse and/or shipping process – to the extent necessary to complete the delivery of the Product to the Customer.
- entities handling electronic or payment card payments – in the case of a Customer who uses electronic payments or a payment card in the Online Store, the Data Controller provides the collected personal data of the Customer to the selected entity handling the above payments in the Online Store on behalf of the Data Controller to the extent necessary to process the payment made by the Customer.
- lending entities / lessors – in the case of a Customer who uses the installment payment system or leasing payment in the Online Store, the Data Controller provides the collected personal data of the Customer to the selected lender or lessor handling the above payments in the Online Store on behalf of the Data Controller to the extent necessary to process the payment made by the Customer.
- providers of opinion survey systems – in the case of a Customer who has agreed to express an opinion on the concluded Sales Agreement, the Data Controller provides the collected personal data of the Customer to the selected entity providing a system for surveying opinions on concluded Sales Agreements in the Online Store on behalf of the Data Controller to the extent necessary for the Customer to express an opinion via the opinion survey system.
- service providers supplying the Data Controller with technical, IT, and organizational solutions enabling the Data Controller to conduct business activities, including the Online Store and the Electronic Services provided through it (in particular computer software providers for running the Online Store, email and hosting providers, and business management and technical support software providers for the Data Controller) – the Data Controller provides the collected personal data of the Customer to the selected provider acting on their behalf only in the case and to the extent necessary to achieve a given purpose of data processing in accordance with this privacy policy.
- providers of accounting, legal, and advisory services providing accounting, legal, or advisory support to the Data Controller (in particular an accounting office, law firm, or debt collection agency) – the Data Controller provides the collected personal data of the Customer to the selected provider acting on their behalf only in the case and to the extent necessary to achieve a given purpose of data processing in accordance with this privacy policy.
- providers of social plugins, scripts, and other similar tools placed on the Online Store website that enable the browser of a person visiting the Online Store website to download content from the providers of the aforementioned plugins (e.g., logging in using login details from a social networking site) and transferring the visiting person’s personal data to these providers for this purpose, including:
PROFILING IN THE ONLINE STORE
- The GDPR Regulation imposes an obligation on the Data Controller 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. Bearing this in mind, the Data Controller provides information regarding possible profiling in this section of the privacy policy.
- The Data Controller may use profiling for direct marketing purposes in the Online Store, but decisions made on its basis by the Data Controller do not concern the conclusion or refusal to conclude a Sales Agreement, or the possibility of using Electronic Services in the Online Store. The effect of using profiling in the Online Store may be, for example, granting a given person a discount, sending them a discount code, reminding them of unfinished purchases, sending a proposal for a Product that may match the person’s interests or preferences, or proposing better terms compared to the standard offer of the Online Store. Despite profiling, it is the individual who freely decides whether they will want to use the discount received in this way or the better terms and make a purchase in the Online Store.
- Profiling in the Online Store consists in the automatic analysis or forecast of a given person’s behavior on the Online Store website, e.g., by adding a specific Product to the cart, browsing the page of a specific 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 Data Controller possesses the personal data of a given person in order to then be able to send them, e.g., a discount code.
- The data subject has the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning them or similarly significantly affects them.
RIGHTS OF THE DATA SUBJECT
- Right of access, rectification, restriction, erasure or portability – the data subject has the right to request from the Data Controller access to their 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. Detailed conditions for exercising the rights indicated above are indicated in Articles 15-21 of the GDPR Regulation.
- Right to withdraw consent at any time – a person whose data is processed by the Data Controller on the basis of expressed consent (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.
- Right to lodge a complaint with a supervisory authority – the person whose data is processed by the Data Controller has the right to lodge a complaint with a supervisory authority in the manner and mode 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.
- Right to object – the data subject has the right to object, on grounds relating to their particular situation, at any time to processing of personal data concerning them 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 Data Controller shall no longer process these personal data unless the Controller demonstrates compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or for the establishment, exercise or defence of legal claims.
- Right to object to direct marketing – where personal data are processed for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning them for such marketing, which includes profiling to the extent that it is related to such direct marketing.
- In order to exercise the rights referred to in this point of the privacy policy, you can contact the Data Controller by sending an appropriate message in writing or by email to the Data Controller’s address indicated at the beginning of the privacy policy, or by using the contact form available on the Online Store website.
COOKIES IN THE ONLINE STORE AND ANALYTICS
- Cookies are small pieces of textual information in the form of text files, sent by the server and saved on the side of the person visiting the Online Store 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 Store). Detailed information regarding Cookies, as well as the history of their creation, can be found, among others, here: en.wikipedia.org/wiki/HTTP_cookie.
- Cookies that may be sent by the Online Store website can be divided into various types, according to the following criteria:
| Based on their provider | Based on their storage period on the device of the person visiting the Online Store website | Based on the purpose of their use |
|---|---|---|
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- The Data Controller may process data contained in Cookies when visitors use the Online Store website for the following specific purposes:
| Purposes of using Cookies in the Data Controller’s Online Store | identifying Service Recipients as logged in to the Online Store and showing that they are logged in (essential Cookies) |
| remembering Products added to the cart in order to place an Order (essential Cookies) | |
| remembering data from filled out Order Forms, surveys or login details to the Online Store (essential and/or functional/preference Cookies) | |
| adjusting the content of the Online Store website to the individual preferences of the Service Recipient (e.g., concerning colors, font size, page layout) and optimizing the use of the Online Store websites (functional/preference Cookies) | |
| maintaining anonymous statistics presenting how the Online Store website is used (statistical Cookies) | |
| remarketing, i.e., studying the behavioral traits of Online Store visitors through anonymous analysis of their actions (e.g., recurring 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, i.e., Meta Platforms Ireland Ltd. (marketing, advertising and social Cookies) |
- Checking in the most popular web browsers which Cookies (including the period of functioning of Cookies and their provider) are being sent at a given moment by the Online Store website is possible in the following ways:
| In the Chrome browser: (1) in the address bar, click on the padlock icon on the left, (2) go to the “Cookies” tab. |
In the 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 “Cross-site tracking cookies”, “Social media trackers” or “Content with tracking elements” |
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 on “View 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 on “Manage Website Data” |
Regardless of the browser, using tools available e.g., on the website: cookiemetrix.com or cookie-checker.com |
- As standard, most web browsers available on the market default to accepting the saving of Cookies. Everyone has the ability to define the terms of using Cookies via their own web browser settings. This means that you can, for example, partially restrict (e.g., temporarily) or completely disable the option of saving Cookies – in the latter case, however, this may affect some functionalities of the Online Store (for example, it may prove impossible to complete the Order path through the Order Form due to the Products not being remembered in the cart during subsequent steps of placing the Order).
- Web browser settings concerning Cookies are important from the point of view of consent to the use of Cookies by our Online Store – according to the regulations, such consent can also be expressed through web browser settings. Detailed information on changing Cookie settings and deleting them independently in the most popular web browsers is available in the web browser’s help section and on the following pages (just click on the given link):
- The Data Controller may use Google Analytics, Universal Analytics services provided by Google Ireland Limited (Gordon House, Barrow Street, Dublin 4, Ireland) in the Online Store. These services help the Data Controller to maintain statistics and analyze traffic in the Online Store. The collected data is processed within the above services to generate statistics helpful in administering the Online Store and analyzing traffic in the Online Store. This data is aggregate in nature. By using the above services in the Online Store, the Data Controller collects such data as the sources and medium of acquiring visitors to the Online Store and the manner of their behavior on the Online Store website, information on devices and browsers from which they visit the site, IP and domain, geographic data as well as demographic data (age, gender) and interests.
- It is possible for a given person to easily block sharing information about their activity on the Online Store website with Google Analytics – for this purpose, one can, for example, install a browser add-on provided by Google Ireland Ltd. available here: tools.google.com/dlpage/gaoptout.
- In connection with the possibility of the Data Controller using advertising and analytical services provided by Google Ireland Ltd. in the Online Store, the Data Controller indicates that full information on the rules for processing data of persons visiting the Online Store (including information saved in Cookies) by Google Ireland Ltd. can be found in the privacy policy of Google services available at the web address: policies.google.com/technologies/partner-sites.
FINAL PROVISIONS
- The Online Store may contain links to other websites. The Data Controller urges that after navigating to other sites, you should familiarize yourself with the privacy policy established there. This privacy policy applies only to the Data Controller’s Online Store.