| PRIVACY POLICY | ||||||||||
| 1. | This Privacy Policy sets out the rules for processing personal data obtained via the online shop fotech.com.pl (hereinafter: the “Online Shop”). | |||||||||
| 2. | The owner of the Online Shop and the data controller is V-PROTECT SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office in Police (72-010), ul. Usługowa 29, entered in the register of entrepreneurs of the National Court Register kept by the District Court Szczecin-Centrum in Szczecin, 13th Commercial Division of the National Court Register, under KRS number 0000919383, with share capital of PLN 5,000, NIP (tax ID): 8513263565, REGON: 389816906, hereinafter referred to as V-PROTECT SP. Z O.O. | |||||||||
| 3. | Personal data collected by V-PROTECT SP. Z O.O. via the Online Shop are processed 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), also referred to as the GDPR. | |||||||||
| 4. | V-PROTECT SP. Z O.O. takes particular care to respect the privacy of Customers visiting the Online Shop. | |||||||||
| § 1 Type of data processed, purposes and legal basis | ||||||||||
| 1. | V-PROTECT SP. Z O.O. collects information about natural persons performing a legal transaction not directly related to their business, natural persons conducting business or professional activity in their own name, and natural persons representing legal persons or organisational units without legal personality to which the law grants legal capacity, hereinafter jointly referred to as Customers. | |||||||||
| 2. | Customers’ personal data are collected when: | |||||||||
| a) | an account is registered in the Online Shop, in order to create and manage an individual account. Legal basis: necessity for the performance of the Account service agreement (Art. 6(1)(b) GDPR); | |||||||||
| b) | an order is placed in the Online Shop, in order to perform the sales agreement. Legal basis: necessity for the performance of the sales agreement (Art. 6(1)(b) GDPR); | |||||||||
| c) | the newsletter is subscribed to, in order to perform an agreement for a service provided electronically. Legal basis: consent of the data subject to the performance of the Newsletter service agreement (Art. 6(1)(a) GDPR); | |||||||||
| d) | the contact form in the Online Shop is used, in order to perform an agreement provided electronically. Legal basis: necessity for the performance of the contact form service agreement (Art. 6(1)(b) GDPR); | |||||||||
| e) | the “ask about the product” service is used, in order to perform an agreement for a service provided electronically. Legal basis: necessity for the performance of the “ask about the product” service agreement (Art. 6(1)(b) GDPR). | |||||||||
| 3. | When registering an account in the Online Shop, the Customer provides: | |||||||||
| a) | e-mail address; | |||||||||
| b) | first name and surname; | |||||||||
| c) | telephone number. | |||||||||
| 4. | When registering an account in the Online Shop, the Customer sets an individual password to access the account. The Customer may change the password later in accordance with the rules described in §5. | |||||||||
| 5. | When placing an order in the Online Shop, the Customer provides the following data: | |||||||||
| a) | e-mail address; | |||||||||
| b) | address details: | |||||||||
| a. | postcode and town; | |||||||||
| b. | country; | |||||||||
| c. | street with house/flat number. | |||||||||
| c) | first name and surname; | |||||||||
| d) | telephone number. | |||||||||
| 6. | For Entrepreneurs, the above scope of data is additionally extended by: | |||||||||
| a) | the Entrepreneur’s company name; | |||||||||
| b) | tax identification number (NIP/VAT ID). | |||||||||
| 7. | When using the Newsletter service, the Customer provides only their e-mail address. | |||||||||
| 8. | When using the contact form, the Customer provides the following data: | |||||||||
| a) | e-mail address; | |||||||||
| b) | first name. | |||||||||
| 9. | When using the “ask about the product” service, the Customer provides: | |||||||||
| a) | e-mail address; | |||||||||
| b) | first name. | |||||||||
| 10. | While using the Online Shop website, additional information may be collected, in particular: the IP address assigned to the Customer’s computer or the external IP address of the Internet provider, domain name, browser type, access time and operating system type. | |||||||||
| 11. | Navigation data may also be collected from Customers, including information about links they choose to click or other actions taken in the Online Shop. Legal basis: legitimate interest (Art. 6(1)(f) GDPR), consisting in facilitating the use of services provided electronically and improving the functionality of these services. | |||||||||
| 12. | For the purpose of establishing, pursuing and enforcing claims, certain personal data provided by the Customer when using the functions of the Online Shop may be processed, such as: first name, surname, data on the use of services (if the claims result from the way the Customer uses the services), and other data necessary to prove the existence of a claim, including the extent of the damage suffered. Legal basis: legitimate interest (Art. 6(1)(f) GDPR), consisting in establishing, pursuing and enforcing claims and defending against claims in proceedings before courts and other state authorities. | |||||||||
| 13. | Providing personal data to V-PROTECT SP. Z O.O. in connection with sales agreements or the provision of services via the Online Shop website is voluntary; however, failure to provide the data specified in the forms during Registration prevents Registration and the creation of a Customer Account, and when placing an order without registering a Customer Account it prevents the order from being placed and fulfilled. | |||||||||
| § 2 To whom are data disclosed or entrusted and how long are they stored? | ||||||||||
| 1. | Customers’ personal data are transferred to service providers used by V-PROTECT SP. Z O.O. in running the Online Shop. Depending on contractual arrangements and circumstances, service providers to whom personal data are transferred either follow the instructions of V-PROTECT SP. Z O.O. as to the purposes and means of processing (processors) or determine the purposes and means of processing themselves (controllers). | |||||||||
| a) | Processors. V-PROTECT SP. Z O.O. uses providers who process personal data only on the instructions of V-PROTECT SP. Z O.O. These include, among others, providers of hosting, accounting services, marketing systems, Online Shop traffic analysis systems and marketing campaign effectiveness analysis systems; | |||||||||
| b) | Controllers. V-PROTECT SP. Z O.O. uses providers who do not act solely on its instructions and determine the purposes and means of using Customers’ personal data themselves. They provide electronic payment and banking services. | |||||||||
| 2. | Location. The service providers are based in Poland and in other countries of the European Economic Area (EEA). | |||||||||
| 3. | Customers’ personal data are stored: | |||||||||
| a) | Where the processing of personal data is based on consent, the Customer’s personal data are processed by V-PROTECT SP. Z O.O. until the consent is withdrawn and, after withdrawal, for a period corresponding to the limitation period for claims that V-PROTECT SP. Z O.O. may raise or that may be raised against it. Unless a specific provision states otherwise, the limitation period is six years, and three years for claims for periodic payments and claims related to business activity. | |||||||||
| b) | Where the processing of data is based on the performance of an agreement, the Customer’s personal data are processed by V-PROTECT SP. Z O.O. for as long as necessary to perform the agreement and thereafter for a period corresponding to the limitation period for claims. Unless a specific provision states otherwise, the limitation period is six years, and three years for claims for periodic payments and claims related to business activity. | |||||||||
| 4. | When a purchase is made in the Online Shop, personal data may be transferred to a courier company in order to deliver the ordered goods. | |||||||||
| 5. | If the Customer chooses payment via the PayU system, their personal data are transferred, to the extent necessary to process the payment, to PayU S.A. with its registered office in Poznań (60-166), ul. Grunwaldzka 182, entered in the register of entrepreneurs kept by the District Court Poznań – Nowe Miasto i Wilda in Poznań, 8th Commercial Division of the National Court Register, under KRS number 0000274399. | |||||||||
| 6. | If the Customer chooses payment via Google Payment, their personal data are transferred, to the extent necessary to process the payment, to Google Payment Ireland Limited, a company registered in Ireland (under number 598776), with its registered office at 70 Sir John Rogerson’s Quay, Dublin 2, Ireland. | |||||||||
| 7. | Navigation data may be used to provide Customers with better service, to analyse statistical data, to adapt the Online Shop to Customers’ preferences and to administer the Online Shop. | |||||||||
| 8. | If the Customer subscribes to the newsletter, V-PROTECT SP. Z O.O. will send electronic messages to their e-mail address containing commercial information about promotions and new products available in the Online Shop. | |||||||||
| 9. | Upon request, V-PROTECT SP. Z O.O. discloses personal data to authorised state authorities, in particular to the organisational units of the Public Prosecutor’s Office, the Police, the President of the Personal Data Protection Office, the President of the Office of Competition and Consumer Protection or the President of the Office of Electronic Communications. | |||||||||
| § 3 Cookies, IP address | ||||||||||
| 1. | The Online Shop uses small files called cookies. They are saved by V-PROTECT SP. Z O.O. on the end device of the person visiting the Online Shop, if the web browser allows it. A cookie usually contains the name of the domain it comes from, its “expiry time” and an individual, randomly selected number identifying the file. The information collected using such files helps to adapt the products offered by V-PROTECT SP. Z O.O. to the individual preferences and real needs of visitors to the Online Shop. It also makes it possible to compile general statistics of visits to the products presented in the Online Shop. | |||||||||
| 2. | V-PROTECT SP. Z O.O. uses two types of cookies: | |||||||||
| a) | Session cookies: after the browser session ends or the computer is switched off, the saved information is deleted from the device’s memory. The session cookie mechanism does not allow any personal data or confidential information to be collected from Customers’ computers. | |||||||||
| b) | Persistent cookies: they are stored in the memory of the Customer’s end device and remain there until they are deleted or expire. The persistent cookie mechanism does not allow any personal data or confidential information to be collected from Customers’ computers. | |||||||||
| 3. | V-PROTECT SP. Z O.O. uses its own cookies to: | |||||||||
| a) | authenticate the Customer in the Online Shop and maintain the Customer’s session in the Online Shop (after logging in), so that the Customer does not have to re-enter their login and password on every page of the Online Shop; | |||||||||
| b) | carry out analyses, research and audience audits, in particular to create anonymous statistics that help to understand how Customers use the Online Shop website, which makes it possible to improve its structure and content. | |||||||||
| 4. | V-PROTECT SP. Z O.O. uses third-party cookies to: | |||||||||
| a) | promote the Online Shop via the social network facebook.com (third-party cookie controller: Facebook Inc based in the USA or Facebook Ireland based in Ireland); | |||||||||
| b) | collect general and anonymous statistical data via the Google Analytics tools (third-party cookie controller: Google LLC based in the USA); | |||||||||
| c) | present the “Rzetelny Regulamin” certificate via the rzetelnyregulamin.pl website (third-party cookie controller: Rzetelna Grupa sp. z o.o. based in Warsaw). | |||||||||
| 5. | The cookie mechanism is safe for the computers of Online Shop Customers. In particular, it is not possible for viruses or other unwanted or malicious software to enter Customers’ computers in this way. Nevertheless, Customers can restrict or disable cookie access to their computers in their browsers. If this option is used, the Online Shop can still be used, except for functions that by their nature require cookies. | |||||||||
| 6. | Below we explain how to change the cookie settings in popular web browsers: | |||||||||
| a) | Chrome and Chrome Mobile; | |||||||||
| b) | Facebook in-app Browser; | |||||||||
| c) | Internet Explorer; | |||||||||
| d) | Microsoft EDGE; | |||||||||
| e) | Mozilla Firefox; | |||||||||
| f) | Opera; | |||||||||
| g) | Safari and Safari Mobile; | |||||||||
| h) | Samsung Browser. | |||||||||
| 7. | V-PROTECT SP. Z O.O. may collect Customers’ IP addresses. An IP address is a number assigned to the computer of a person visiting the Online Shop by their Internet service provider. The IP number enables access to the Internet. In most cases it is assigned to the computer dynamically, i.e. it changes with each Internet connection. The IP address is used by V-PROTECT SP. Z O.O. to diagnose technical problems with the server, to create statistical analyses (e.g. to determine from which regions we record the most visits), as information useful for administering and improving the Online Shop, and for security purposes and the possible identification of unwanted automated programs browsing the Online Shop content that load the server. | |||||||||
| 8. | The Online Shop contains links to other websites. V-PROTECT SP. Z O.O. is not responsible for the privacy rules applicable on them. | |||||||||
| § 4 Rights of data subjects | ||||||||||
| 1. | Right to withdraw consent – legal basis: Art. 7(3) GDPR. | |||||||||
| a) | The Customer has the right to withdraw any consent given to V-PROTECT SP. Z O.O. | |||||||||
| b) | Withdrawal of consent takes effect from the moment of withdrawal. | |||||||||
| c) | Withdrawal of consent does not affect the lawfulness of processing carried out by V-PROTECT SP. Z O.O. before its withdrawal. | |||||||||
| d) | Withdrawal of consent does not entail any negative consequences for the Customer, but may prevent further use of services or functions which, under the law, V-PROTECT SP. Z O.O. may only provide with consent. | |||||||||
| 2. | Right to object to data processing – legal basis: Art. 21 GDPR. | |||||||||
| a) | The Customer has the right to object at any time – on grounds relating to their particular situation – to the processing of their personal data, including profiling, if V-PROTECT SP. Z O.O. processes their data on the basis of legitimate interest, e.g. marketing of the products and services of V-PROTECT SP. Z O.O., keeping statistics on the use of individual functions of the Online Shop, facilitating the use of the Online Shop and satisfaction surveys. | |||||||||
| b) | Unsubscribing by e-mail from receiving marketing communications concerning products or services will constitute the Customer’s objection to the processing of their personal data, including profiling, for these purposes. | |||||||||
| c) | If the Customer’s objection proves justified and V-PROTECT SP. Z O.O. has no other legal basis for processing the personal data, the Customer’s personal data to whose processing the Customer objected will be deleted. | |||||||||
| 3. | Right to erasure (“right to be forgotten”) – legal basis: Art. 17 GDPR. | |||||||||
| a) | The Customer has the right to request the erasure of all or some of their personal data. | |||||||||
| b) | The Customer has the right to request the erasure of personal data if: | |||||||||
| a. | the personal data are no longer necessary for the purposes for which they were collected or otherwise processed; | |||||||||
| b. | they have withdrawn a specific consent, to the extent that the personal data were processed on the basis of that consent; | |||||||||
| c. | they have objected to the use of their data for marketing purposes; | |||||||||
| d. | the personal data are processed unlawfully; | |||||||||
| e. | the personal data must be erased for compliance with a legal obligation under Union or Member State law to which V-PROTECT SP. Z O.O. is subject; | |||||||||
| f. | the personal data have been collected in relation to the offer of information society services. | |||||||||
| c) | Despite a request for erasure of personal data in connection with an objection or withdrawal of consent, V-PROTECT SP. Z O.O. may retain certain personal data to the extent that processing is necessary for the establishment, exercise or defence of legal claims, as well as for compliance with a legal obligation requiring processing under Union or Member State law to which V-PROTECT SP. Z O.O. is subject. This applies in particular to personal data including first name, surname and e-mail address, which are retained for the purpose of handling complaints and claims related to the use of the services of V-PROTECT SP. Z O.O., and additionally the residential/correspondence address and order number, which are retained for the purpose of handling complaints and claims related to concluded sales agreements or the provision of services. | |||||||||
| 4. | Right to restriction of processing – legal basis: Art. 18 GDPR. | |||||||||
| a) | The Customer has the right to request the restriction of processing of their personal data. Until the request is considered, submitting it prevents the use of certain functions or services whose use would involve processing the data covered by the request. V-PROTECT SP. Z O.O. will also not send any communications, including marketing communications. | |||||||||
| b) | The Customer has the right to request restriction of the use of personal data in the following cases: | |||||||||
| a. | when they contest the accuracy of their personal data – V-PROTECT SP. Z O.O. then restricts their use for the time needed to verify the accuracy of the data, but no longer than 7 days; | |||||||||
| b. | when the processing is unlawful and, instead of erasure, the Customer requests restriction of use; | |||||||||
| c. | when the personal data are no longer necessary for the purposes for which they were collected or used, but the Customer needs them to establish, exercise or defend legal claims; | |||||||||
| d. | when they have objected to the use of their data – the restriction then applies for the time needed to consider whether, due to their particular situation, the protection of the Customer’s interests, rights and freedoms overrides the interests pursued by the Controller in processing the Customer’s personal data. | |||||||||
| 5. | Right of access to data – legal basis: Art. 15 GDPR. | |||||||||
| a) | The Customer has the right to obtain from the Controller confirmation as to whether personal data are being processed and, where that is the case, the Customer has the right to: | |||||||||
| a. | obtain access to their personal data; | |||||||||
| b. | obtain information about the purposes of processing, the categories of personal data processed, the recipients or categories of recipients of the data, the planned period of storage of the Customer’s data or the criteria for determining that period (where it is not possible to specify the planned period), the rights of the Customer under the GDPR and the right to lodge a complaint with a supervisory authority, the source of the data, automated decision-making including profiling, and the safeguards applied in connection with the transfer of the data outside the European Union; | |||||||||
| c. | obtain a copy of their personal data. | |||||||||
| 6. | Right to rectification – legal basis: Art. 16 GDPR. | |||||||||
| a) | The Customer has the right to request from the Controller the rectification without undue delay of inaccurate personal data concerning them. Taking into account the purposes of processing, the data subject has the right to have incomplete personal data completed, including by means of providing a supplementary statement, by sending a request to the e-mail address indicated in §6 of the Privacy Policy. | |||||||||
| 7. | Right to data portability – legal basis: Art. 20 GDPR. | |||||||||
| a) | The Customer has the right to receive the personal data they have provided to the Controller and to transmit them to another controller of their choice. The Customer also has the right to have the personal data transmitted by the Controller directly to such a controller, where technically feasible. In that case the Controller will send the Customer’s personal data as a CSV file, which is a commonly used, machine-readable format that allows the data received to be transmitted to another controller. | |||||||||
| 8. | If the Customer exercises any of the above rights, V-PROTECT SP. Z O.O. will fulfil or refuse the request without undue delay and in any event within one month of receiving it. However, if – due to the complexity or number of requests – V-PROTECT SP. Z O.O. is unable to fulfil the request within one month, it will do so within a further two months, informing the Customer within one month of receiving the request of the intended extension and the reasons for it. | |||||||||
| 9. | The Customer may submit complaints, enquiries and requests to the Controller concerning the processing of their personal data and the exercise of their rights. | |||||||||
| 10. | The Customer has the right to request from V-PROTECT SP. Z O.O. a copy of the standard contractual clauses by sending an enquiry in the manner indicated in §6 of the Privacy Policy. | |||||||||
| 11. | The Customer has the right to lodge a complaint with the President of the Personal Data Protection Office (UODO) regarding a breach of their rights to the protection of personal data or other rights granted under the GDPR. | |||||||||
| § 5 Security management – password | ||||||||||
| 1. | V-PROTECT SP. Z O.O. provides Customers with a secure, encrypted connection when transmitting personal data and when logging in to the Customer Account. V-PROTECT SP. Z O.O. uses an SSL certificate issued by one of the world’s leading companies in the field of security and encryption of data transmitted over the Internet. | |||||||||
| 2. | If a Customer with an account in the Online Shop has lost their access password in any way, the Online Shop makes it possible to generate a new password. V-PROTECT SP. Z O.O. does not send password reminders. The password is stored in encrypted form in a way that makes it impossible to read. To generate a new password, enter your e-mail address in the form available under the “Forgot your password” link next to the account login form in the Online Shop. The Customer will receive an e-mail at the address provided during registration or saved in the last account profile change, containing a link to a dedicated form on the Online Shop website where the Customer can set a new password. | |||||||||
| 3. | V-PROTECT SP. Z O.O. never sends any correspondence, including electronic correspondence, asking for login details, in particular the password to the Customer Account. | |||||||||
| § 6 Changes to the Privacy Policy | ||||||||||
| 1. | The Privacy Policy may change; V-PROTECT SP. Z O.O. will inform Customers about this 7 days in advance. | |||||||||
| 2. | Please send any questions regarding the Privacy Policy to: biuro@v-protect.pl | |||||||||
| 3. | Last modified: 24.07.2023. | |||||||||
