PRIVACY POLICY
TUHE.PL ONLINE STORE PRIVACY POLICY
TABLE OF CONTENTS:
1. GENERAL PROVISIONS
2. BASICS OF DATA PROCESSING
3. PURPOSE, BASIS, AND PERIOD 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 AND ANALYTICS
8. FINAL PROVISIONS
1. GENERAL PROVISIONS
1.1. This Online Store Privacy Policy is for informational purposes only, which means that it does not constitute a source of obligations for Service Users or Customers of the Online Store. The privacy policy primarily contains the principles governing the processing of personal data by the Administrator in the Online Store, including the basis, 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 administrator of personal data collected via the Online Store is Alena Savitskaya, conducting business under the name TUHE SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, entered into the Central Register and Information on Business Activity of the Republic of Poland, maintained by the minister responsible for economic affairs, with the following business address and mailing address: ul. Łąkowa 3/5, 90-562 Łódź, NIP: 7272865858, REGON: 524160790, KRS: 0001013062, email address: biurotuhe@gmail.com – hereinafter referred to as the "Controller" and simultaneously the Online Store Service Provider and Seller.
1.2. Personal data in the Online Store are processed by the Controller in accordance with applicable law, in particular 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" or "GDPR Regulation." Official text of the GDPR Regulation: http://eur-lex.europa.eu/legal-content/PL/TXT/?uri=CELEX%3A32016R0679
1.3. Using 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, subject to two exceptions: (1) entering into contracts with the Controller – failure to provide the personal data required for the conclusion and performance of the Sales Agreement or the contract for the provision of Electronic Services with the Controller in the cases and to the extent indicated on the Online Store website and in the Online Store Terms and Conditions and this Privacy Policy will result in the inability to enter into the contract. In such a case, providing personal data is a contractual requirement, and if the data subject wishes to enter into a contract with the Controller, they are obligated to provide the required data. The scope of data required for the conclusion of the contract is always specified in advance on the Online Store website and in the Online Store Terms and Conditions; (2) the Administrator´s statutory obligations – providing personal data is a statutory requirement resulting from generally applicable legal provisions imposing on the Administrator an obligation to process personal data (e.g., processing data for the purpose of maintaining tax or accounting records), and failure to provide such data will prevent the Administrator from fulfilling these obligations.
1.4. The Administrator exercises due diligence to protect the interests of the individuals whose personal data it processes, and in particular is responsible for and ensures that the data it collects are: (1) processed in accordance with the law; (2) collected for specified, lawful purposes and not subject 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 which permits identification of data subjects for no longer than necessary to achieve the purpose of processing; and (5) processed in a manner that ensures appropriate security of personal data, including protection against unauthorised or unlawful processing and accidental loss, destruction, or damage, using appropriate technical and organisational measures.
1.5. Taking into account the nature, scope, context, and purposes of processing as well as the risk of varying likelihood and severity of violations of the rights and freedoms of natural persons, the Controller shall implement appropriate technical and organisational measures to ensure that processing is carried out in accordance with this Regulation and to be able to demonstrate this. These measures shall be reviewed and updated as necessary. The Controller shall apply technical measures to prevent unauthorized access and modification of personal data transmitted electronically.
1.6. 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 in accordance with their definitions contained in the Online Store Terms and Conditions available on the Online Store website.
2. BASICS OF 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 consented 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 a party or to take steps at the request of the data subject prior to entering into a contract; (3) processing is necessary to comply with a legal obligation to which the Controller is subject; or (4) processing is necessary for the purposes of legitimate interests pursued by the Controller or a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject, which require the protection of personal data, in particular when the data subject is a child.
2.2. The processing of personal data by the Controller requires the existence of at least one of the grounds indicated in section 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 Controller are indicated in the next section of the privacy policy – in relation to the given purpose of personal data processing by the Controller.
3. PURPOSE, BASIS, AND PERIOD OF DATA PROCESSING IN THE ONLINE STORE
3.1. In each case, the purpose, basis, period, and recipients of personal data processed by the Controller result from the actions taken by the given Service User or Customer in the Online Store or by the Controller. For example, if a Customer decides to make a purchase in the Online Store and chooses personal collection 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 handling shipments on behalf of the Controller.
3.2. The Controller may process personal data within the Online Store for the following purposes:
1. Purpose of data processing: Performance of the Sales Agreement or contract for the provision of Electronic Services, or taking steps at the request of the data subject before entering into the aforementioned contracts.
Legal basis for data processing: Article 6(1)(b) of the GDPR (performance of a contract) – 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 before entering into a contract.
Data storage period: Data are stored for the period necessary for the performance, termination, or other expiration of the concluded Sales Agreement or contract for the provision of Electronic Services.
2. Purpose of data processing: Direct marketing. Legal basis for data processing: Article 6(1)(f) of the GDPR (legitimate interest of the controller) – processing is necessary for the purposes of the Controller´s legitimate interests – which consist in safeguarding the interests and good image of the Controller, its Online Store, and in promoting the sale of Products.
Data storage period: Data is stored for the duration of the legitimate interest pursued by the Controller, but no longer than the limitation period for the Controller´s claims against the data subject arising from the Controller´s business activities. The limitation period is specified by law, in particular the Civil Code (the basic limitation period for claims related to business activities is three years, and for sales contracts, two years). The Controller may not process data for direct marketing purposes if the data subject effectively objects to this.
3. Purpose of data processing: Marketing.
Legal basis for data processing: Article 6(1)(f) of the GDPR a) GDPR Regulation (consent) – the data subject has consented to the processing of their personal data for marketing purposes by the Controller.
Data storage period: Data is stored until the data subject withdraws consent to further processing of their data for this purpose.
4. Purpose of data processing: Expressing the Customer´s opinion on the concluded Sales Agreement.
Legal basis for data processing: Article 6(1)(a) GDPR Regulation – the data subject has consented to the processing of their personal data.
ch for the purpose of expressing an opinion.
Data storage period: Data is stored until the data subject withdraws consent to further processing of their data for this purpose.
5. Purpose of data processing: Maintaining tax or accounting records.
Legal basis for data processing: Article 6 paragraph 1 letter c) of the GDPR Regulation in conjunction with Article 86 § 1 of the Tax Ordinance Act of 17 January 2017 (Journal of Laws of 2017, item 201) or Article 74 paragraph 2 of the Accounting Act of 30 January 2018 (Journal of Laws of 2018, item 395) – processing is necessary to fulfill a legal obligation to which the Controller is subject. Data storage period: Data is stored for the period required by law requiring the Controller to keep tax records (until the expiry of the limitation period for tax liabilities, unless tax laws provide otherwise) or accounting records (5 years from the beginning of the year following the financial year to which the data relate).
6. Purpose of data processing: Establishing, pursuing, or defending claims that the Controller may raise or that may be raised against the Controller.
Legal basis for data processing: Article 6(1)(f) of the GDPR (legitimate interest of the Controller) – processing is necessary for the purposes of the Controller´s legitimate interests – consisting in establishing, pursuing, or defending claims that the Controller may raise or that may be raised against the Controller.
Data storage period: Data is stored for the duration of the Controller´s legitimate interest, but no longer than the limitation period for claims that may be raised against the Controller (the basic limitation period for claims against the Controller is six years).
7. Purpose of data processing: Using the Online Store website and ensuring its proper functioning.
Legal basis for data processing: Article 6(1)(f) of the GDPR (legitimate interest of the controller) – processing is necessary for the purposes of the Controller´s legitimate interests in operating and maintaining the Online Store website.
Data storage period: Data are stored for the duration of the legitimate interest pursued by the Controller, but no longer than the limitation period for the Controller´s claims against the data subject arising from the Controller´s business activities. The limitation period is specified by law, in particular the Civil Code (the basic limitation period for claims related to business activities is three years, and for sales contracts, two years).
8. Purpose of data processing: Maintaining statistics and analyzing traffic in the Online Store.
Legal basis for data processing: Article 6(1)(f) of the GDPR (legitimate interest of the controller) f) GDPR Regulation (legitimate interest of the controller) – processing is necessary for the purposes of the Controller´s legitimate interests – consisting in maintaining statistics and analyzing traffic in the Online Store to improve the operation of the Online Store and increase Product sales.
Data storage period: Data is stored for the duration of the Controller´s legitimate interest, but no longer than the limitation period for the Controller´s claims against the data subject arising from the Controller´s business activities. The limitation period is specified by law, in particular the Civil Code (the basic limitation period for claims related to business activities is three years, and for sales contracts, two years).
4. DATA RECIPIENTS IN THE ONLINE STORE
4.1. For the proper functioning of the Online Store, including the execution of concluded Sales Agreements, the Controller must use the services of external entities (such as a software provider, courier, or payment processor). The Controller only uses the services of processors who provide sufficient guarantees for the implementation of appropriate technical and organizational measures to ensure that the processing meets the requirements of the GDPR and protects the rights of data subjects.
4.2. The Controller does not transfer data in every case and not to all recipients or categories of recipients indicated in the privacy policy – the Controller transfers data only when it is necessary to fulfill the given purpose of personal data processing and only to the extent necessary to fulfill that purpose. For example, if the Customer uses personal pickup, their data will not be transferred to a carrier cooperating with the Controller.
4.3. Personal Data Services
Recipients and Customers of the Online Store may be transferred to the following recipients or categories of recipients:
4.3.1. carriers / forwarders / courier brokers / entities operating the warehouse and/or shipping process – in the case of a Customer who uses the Online Store to deliver the Product by post or courier, the Controller makes the collected Customer´s personal data available to the selected carrier, forwarder, or intermediary handling shipments on behalf of the Controller, and if shipment is 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.
4.3.2. entities handling electronic or payment card payments – in the case of a Customer who uses the Online Store to pay electronically or by payment card, the Controller makes the collected Customer´s personal data available to the selected entity handling the above payments in the Online Store on behalf of the Controller, to the extent necessary to process the payment made by the Customer.
4.3.3. Lending entities/lessors – in the case of a Customer who uses the installment or leasing payment method in the Online Store, the Controller shares the Customer´s collected personal data with the selected lender or lessor handling these payments in the Online Store at the Controller´s request, to the extent necessary to process the payment made by the Customer.
4.3.4. Opinion survey system providers – in the case of a Customer who has agreed to express an opinion on the concluded Sales Agreement, the Controller shares the Customer´s collected personal data with the selected entity providing an opinion survey system for concluded Sales Agreements in the Online Store at the Controller´s request, to the extent necessary for the Customer to express an opinion through the opinion survey system.
4.3.5. Service providers supplying the Controller with technical, IT, and organizational solutions enabling the Controller to conduct business activities, including the Online Store and the Electronic Services provided through it (in particular, computer software providers for operating the Online Store, email and hosting providers, and software providers for managing the company and providing technical support to the Controller) – the Controller shares the collected personal data of the Customer with a selected provider acting on its behalf only in the event and to the extent necessary to achieve a given data processing purpose consistent with this privacy policy.
4.3.6. Accounting, legal, and advisory service providers providing the Controller with accounting, legal, or advisory support (in particular, an accounting office, law firm, or debt collection agency) – the Controller shares the collected personal data of the Customer with a selected provider acting on its behalf only in the event and to the extent necessary to achieve a given data processing purpose consistent with this privacy policy.
4.3.7. providers of social plugins, scripts, and other similar tools placed on the Online Store website that enable the browser of a visitor to the Online Store website to download content from the providers of said plugins (e.g., logging in using social media login details) and to transmit the visitor´s personal data to these providers for this purpose, including:
4.3.7.1. Facebook Ireland Ltd. – The Controller uses Facebook social plugins on the Online Store website (e.g., the Like button, Share button, or logging in using Facebook login details) and therefore collects and shares personal data of the Service User using the Online Store website with Facebook Ireland Ltd. (4 Grand Canal Square, Grand Canal Harbor, Dublin 2 Ireland) to the extent and in accordance with the privacy policies available here: https://www.facebook.com/about/privacy/ (this data includes information about activities on the Online Store website – including information about the device, websites visited, purchases, displayed advertisements, and how the services are used – regardless of whether the Service User has a Facebook account or is logged in to Facebook).
5. PROFILING IN THE ONLINE STORE
5.1. The GDPR imposes on the Controller an obligation to provide information about automated decision-making, including profiling, referred to in Article 22, paragraph 1 of the GDPR. 1 and 4 of the GDPR, and—at least in these cases—significant information about the principles of their adoption, as well as the significance and anticipated consequences of such processing for the data subject. With this in mind, the Controller provides information regarding possible profiling in this section of the privacy policy.
5.2. The Controller may use The Online Store does not use profiling for direct marketing purposes, but the decisions made on its basis by the Controller do not concern the conclusion or refusal to conclude a Sales Agreement or the ability to use Electronic Services in the Online Store. The use of profiling in the Online Store may result in, for example, granting a discount, sending a discount code, reminding about unfinished purchases, sending a Product proposal that may suit the individual´s interests or preferences, or offering better terms compared to the standard Online Store offer. Despite profiling, the individual freely decides whether to use the discount or better terms and make a purchase in the Online Store.
5.3. Profiling in the Online Store involves the automatic analysis or forecasting of a given individual´s behavior on the Online Store website, e.g., by adding a specific Product to the cart, viewing a specific Product page in the Online Store, or by analyzing the previous purchase history in the Online Store. The condition for such profiling is that the Controller has the personal data of the individual in question so that it can then send them, for example, a discount code.
5.4. The data subject has the right not to be subject to a decision based solely on automated processing, including profiling, that produces legal effects for them or significantly affects them in a similar manner.
6. RIGHTS OF THE DATA SUBJECT
6.1. Right of access, rectification, restriction, erasure, or portability – the data subject has the right to request from the Controller access to their personal data, 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 above-mentioned rights are set out in Articles 15-21 of the GDPR.
6.2. Right to withdraw consent at any time – a data subject whose data is processed by the Controller based on consent (pursuant to Article 6(1)(a) or Article 9(2)(a) of the GDPR) has the right to withdraw consent at any time, without affecting the lawfulness of processing based on consent before its withdrawal.
6.3. Right to lodge a complaint with a supervisory authority – a data subject whose data is processed by the Controller has the right to lodge a complaint with a supervisory authority in the manner and procedure specified in the provisions of the GDPR and Polish law, in particular the Personal Data Protection Act. The supervisory authority in Poland is the President of the Personal Data Protection Office.
6.4. Right to object – a data subject has the right to object at any time – for reasons relating to their particular situation – to the processing of their personal data based on Article 6(1)(a) of the GDPR. e) (public interest or tasks) or f) (legitimate interest of the controller), including profiling based on these provisions. In such a case, the Controller is no longer permitted to process such personal data unless it demonstrates compelling legitimate grounds for processing that override the interests, rights, and freedoms of the data subject, or grounds for establishing, pursuing, or defending legal claims.
6.5. Right to object to direct marketing – If personal data are processed for direct marketing purposes, the data subject has the right to object at any time to the processing of their personal data for such marketing purposes, 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 can contact the Controller by sending a relevant message in writing or by email to the Controller´s address indicated at the beginning of the privacy policy or by using the contact form available on the Online Store website.
7. COOKIES IN THE ONLINE STORE AND ANALYTICS
7.1. Cookies are small pieces of information in the form of text files, sent by the server and stored on the visitor´s side of the Online Store website (e.g., on the hard drive of a computer, laptop, or smartphone´s memory card – depending on the device the visitor uses to visit our Online Store). Detailed information about cookies, as well as their history, can be found here: https://pl.wikipedia.org/wiki/HTTP_cookie. (https://pl.wikipedia.org/wiki/HTTP_cookie)
7.2. Cookies that can be sent by the Online Store website can be divided into various types, according to the following criteria:
7.2.1. Based on their provider: 1) first-party cookies (created by the Administrator´s Online Store website) and 2) cookies belonging to third parties (other than the Administrator);
7.2.2. Based on their storage period on the device of a visitor to the Online Store website: 1) session cookies (stored until logging out of the Online Store or closing the web browser) and 2) persistent cookies (stored for a specified period of time, defined by the parameters of each file or until manually deleted);
7.2.3. Due to the purpose of their use: 1) necessary (enabling the proper functioning of the Online Store website), 2) functional/preferential (enabling the Online Store website to be tailored to the visitor´s preferences), 3) analytical and performance (collecting information about how the Online Store website is used), 4) marketing, advertising, and social media (collecting information about visitors to the Online Store website in order to display personalized advertisements and conduct other marketing activities, including on websites separate from the Online Store website, such as social networking sites.
7.3. The Administrator may process data contained in Cookies when visitors use the Online Store website for the following specific purposes:
7.3.1. identifying Service Users as logged in to the Online Store and showing that they are logged in (essential Cookies);
7.3.2. remembering Products added to the cart for the purpose of placing an Order (essential Cookies); 7.3.3. remembering data from completed Order Forms, surveys, or login details to the Online Store (essential and/or functional/preference Cookies);
7.3.4. customizing the content of the Online Store to the individual preferences of the Service User (e.g., regarding colors, font size, page layout) and optimizing the use of the Online Store (functional/preference Cookies);
7.3.5. maintaining anonymous statistics showing how the Online Store is used (statistical Cookies);
7.3.6. remarketing, i.e., researching the behavior of visitors to the Online Store through anonymous analysis of their activities (e.g., repeated visits to specific pages, keywords, etc.) in order to create their profile and provide them with advertisements tailored to their anticipated interests, including when they visit other websites in the Google Ireland Ltd. and Facebook Ireland Ltd. advertising networks (marketing, advertising, and social media Cookies).
8. PROVISIONS FINAL
8.1. The Online Store may contain links to other websites. The Administrator encourages users to review the privacy policies posted on other websites after visiting them. This privacy policy applies only to the Administrator´s Online Store.