The Website has been created by Vershold Poland Sp. z o. o., with the registered office in Warsaw, at: ul. Żwirki i Wigury 16A, 02-092 Warsaw, entered to the register of entrepreneurs held by the District Court for the Capital City of Warsaw, 13th Commercial Division of the National Court Register under no. KRS 0000629221, Statistical Reference Number (REGON): 142114475.
- General provisions
- The Administrator of the personal data collected and processed through the Online Store or other communication channels established with the Client is Vershold Poland Sp. z o. o., with the registered office in Warsaw, at: ul. Żwirki i Wigury 16A, 02-092 Warsaw, entered to the register of entrepreneurs held by the District Court for the Capital City of Warsaw, 13th Commercial Division of the National Court Register under no. KRS 0000629221, Statistical Reference Number (REGON): 142114475, email: firstname.lastname@example.org, fax +48 22 846 34 17, Telephone: +48 22 376 27 91, +48 603 124 666 (fees in accordance with the relevant Operator’s pricelist), hereinafter referred to as “Vershold”.
- Vershold shall process the Client’s personal data in accordance with the Personal Data Protection Act of 10th May 2018 (Journal of Laws(Dz. U.) of 2018, item 1000) and the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (Official Journal of the EU, No. 119, page 1, hereinafter referred to also as “the GPRD), and taking into consideration the provisions of the Act of 18th July 2002 on providing online services (Journal of Laws(Dz. U. ) of 2017, item 1219; consolidated text of 24th June 2017, as amended).
- Vershold shall use technical and organizational measures ensuring the protection of the processed data adequate to the threats and suitable for the categories of the protected data; and shall specifically protect the data against unauthorized access or tampering, theft and processing involving the infringement valid provisions of the law, as well as their change, loss, damage or destruction.
II Scope of data protection and processing
- Vershold protects the personal data of the Clients, Online Store visitors and persons sharing their personal data using other communication channels. We specifically protect the personal data of the users of www.facebook.com and all other websites marked or co-marked with Facebook brand, whose activities are based on the following provisions: https://www.facebook.com/legal/terms, provided by Facebook Inc. or Facebook Ireland Limited, respectively, also through the Facebook Lead Ads function aimed at direct marketing of the products or services of Vershold. The rules of processing personal data used by Facebook have been published at: https://www.facebook.com/policy.php. Vershold has no influence on the personal data protection rules used by Facebook.
- Vershold may process the following personal data of the Clients: name and surname, email address, contact telephone number, delivery address (street, building number, suite number, zip code, town, country), residence/registered office address (if different than the delivery address), bank account number. Other types of personal data that may be collected include: information provided in the user profile, confirmation of the private status of the user, Client Account preferences, IP address, operating system, browser type and version, browser configuration, name of the Internet provider and other information about the type of the computer and Internet connection used for identification of the device type, establishing the connection with the Website, enabling data exchange, URL address and IP address of the website from which the Client has entered to or has been linked to the Website, with the date and time of the access, full history of clicks in the forms of URL addresses, together with dates and times, visited pages on the Website, activated links with dates and times, queries for services and placed orders, history of purchases, finalized and pending transactions, searched phrases, products and services, shopping cart, favorite products lists and payment information.
- Before the collection, processing and use of the personal data of the Client, Vershold shall ask for a relevant consent.
- The purpose and scope of the personal data processing shall result from the Client’s agreement or from generally applicable provisions of law.
- Vershold guarantees that the Client’s personal data collected by Vershold are:
- a) processed lawfully, fairly and in a transparent manner in relation to the data subject,
- b) collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes;
- c) adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed;
- d) accurate and, where necessary, regularly updated;
- e) 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;
- f) processed in a manner that ensures appropriate security of the personal data, including protection against unauthorized or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organizational measures.
- Vershold shall have technical abilities of communication with the Client via electronic mail. The Client may at any time contact Vershold directly by electronic mail, traditional mail, via telephone by calling to Vershold’s telephone number, and via Facebook.
- Vershold stores correspondence with the Clients for the purpose of responding to the their questions, processing complaints, and for statistical purposes. The personal data processed in this way shall not be used for the communication with the Client for other purposes than processing the correspondence. If the Client uses the contact form, Vershold may ask the Client for personal data to confirm the Client’s identity and enable contacting them in relation to the reported issue. The transfer of such personal data is voluntary. However, it may be necessary for the Client to provide them in order to perform particular actions or obtain information of interest.
- All commercial information related to Vershold’s activity may be sent to the Client only after obtaining the Client’s prior consent for the purpose of performance of the contract for the Newsletter service.
III Purposes for which Vershold uses the personal data of the Clients
- Taking into consideration the binding law and, above all, the security of the personal data of the Clients, in every case when the personal data are processed by Vershold, the purpose and scope of such processing shall result from the Client’s consent or the provisions of law and shall be specified as a result of the activities of the Client in the Online Store or through other communication channels.
- Vershold processes personal data only for the following purposes:
– enabling the Clients to order products and services on the Website and managing orders;
– managing complaints and other possible claims,
– enabling personalized use of the Website (e.g. adjusting the content to the Clients’ preferences);
– managing, operating, maintaining and upgrading the Website;
– conducting analyses and studies of the Clients’ behaviors;
– responding to the Client’s questions and managing applications sent to Vershold;
– ensuring the option of receiving information about the products and services by email, telephone and fax by means of the newsletter, SMS and MMS (direct marketing);
– sending -dedicated messages to Clients (e.g. sending reminders, technical information, updates, security warnings, administration messages and service bulletins);
– sending prizes, questionnaires, information about lotteries, contests or other promotion-related activities;
– performing the contract for the Newsletter service; personal data may be processed also for marketing purposes related to products or services of the entities cooperating with Vershold.
- Transferring the personal data of the Clients to third parties
- Vershold shall not sell, barter, lend, disclose, transfer or share the personal data of the Clients in any other way, except for the situations when the Client has previously expressed their consent to
- Vershold may transfer the personal data of the Clients to the following entities:
– a chosen carrier or intermediary performing deliveries at the commission of Vershold – in the case of a Client using a mail or courier mail delivery in the Online Store;
– a chosen entity such an action and except for the situations described below. responsible for payment management in the Online Store – in the case of a Client using electronic payments or credit card payments in the Online Store;
– providers of hosting and telecom & IT services, software servicing companies, companies supporting Vershold in its marketing campaigns, as well as providers of legal and consulting services;
– entities using Cookie files in the Online Store;
– providers of legal services (specifically law firms and debt collection agencies), auditing and consulting services;
– other entities to which Vershold has entrusted the processing of personal data, if the full guarantee of the personal data protection is maintained.
- At any time, the catalogue of the entities receiving the personal data processed by Vershold stems primarily out of the scope of services used by the Client, the Client’s consent or the provisions of law, and is specified as a result of the activities of the Client in the Online Store.
- The personal data may be disclosed by Vershold if such a disclosure is required from the perspective of the protection of the rights or security of Vershold, other Clients or third persons, as a consequence of executing the law.
- Transfer of the personal data of the Clients to third states (outside the European Economic Area)
- The collected personal data are stored and processed within the territory of the European Economic Area, with the reservation of the provisions of the section X hereof.
- Voluntary character of inputting personal data
- The Client inputs their personal data in the Online Store freely, with the reservation that providing such data is necessary for benefiting from particular functionalities of the Online Store, including the execution and performance of the Sales Agreement, Account registration, conclusion and execution of a Service Agreement and subscription to the Newsletter.
- Each time, the scope of data required for execution of a given type of agreement is previously indicated in the Online Store, via other communication channels or in the Terms and Conditions. Failure to provide the personal data may result in the lack of possibility of successful performance of such activities.
VII. Legal basis for personal data processing by Vershold
- The legal basis for processing of the Client’s personal data is the necessity of such processing 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, such as performance of orders, payments, communication related to provided services, communication via the contact form (Art. 6 para. 1 (b) of the GPRD). If during the registration or Account use, the Client has provided data, the provision of which was optional (e.g. by filling an optional field in the form), the legal basis for their processing is the Client’s consent (Art 6. para. 1(a) of the GPRD).
- As far as the management of complaints and other possible claims is concerned, data processing is justified by the legitimate interest of Vershold (Art. 6 para. 1(f) of the GPRD).
- In the case of data processing operations related to marketing purposes, except for those related to the newsletter, the legal basis for such processing is meeting the goals resulting from the legitimate interests of Vershold or its partners (Art. 6 para 1 (f) of the GPRD), with the reservation that Vershold’s partners do not participate in the processing of the Client’s data.
- In the scope in which Vershold’s partners may have direct access to such information, such processing is based on a freely given consent of the Client (Art 6. para. 1(a) of the GPRD).
- For other purposes, the Client’s personal data may be processed on the basis of:
– freely given consents (Art. 6 para. 1(a) of the GPRD);
– binding provisions of law (Art. 6 para. 1(c) of the GPRD);
– necessity for purposes other than listed above, resulting from legitimate interests of Vershold or a third party, and specifically to pursue or defend claims, handle correspondence with the Clients, also via the contact forms (including responding to the Clients’ messages), as well as perform market research and statistical analyses (Art. 6 para. 1 (f) of the GPRD).
VIII. Client’s rights concerning personal data processing
- Each Client has the right of access to their personal data and the right to change their personal data.
- Each person has the right to exercise control of the processing of their personal data, including access to their own personal data, right to request their update, correction or removal, and the right to object in the cases specified in the provisions of the Personal Data Protection Act.
- If the Client proves that their personal data are incomplete, out-of-date, false, collected unlawfully or unnecessary for the purpose for which they have been collected, Vershold shall, without delay, complete, update or correct the data, temporarily or permanently withhold the processing of the data in question, or remove them, unless the applicable data are personal data, where the method of their completion, update and correction is specified by the provisions of law.
- Each Client has the right to file a complaint to the Inspector General for the Protection of Personal Data.
- Each Client shall have the right to transfer the personal data provided by Vershold which are processed in an automatized form, when such processing takes place on the basis of the Client’s consent or an agreement.
- Each Client shall have the right to withdraw any consent given to the Administrator at any time, with the reservation that such a withdrawal shall not impact the data processing performed lawfully by the Administrator before the withdrawal has been made.
- Each Client shall have the right to object to the processing of their personal data for the purposes of legitimate interests of the Administrator or a third party, and specifically to processing for the purposes of marketing, including profiling (if there are no other legitimate and justified bases for such processing superior to the Client’s interests ).
- Personal data storage period
- Personal data may be stored by Vershold for the period:
- a) resulting from tax and accounting regulations which obligate Vershold to keep accounting documents, or
- b) for the purposes of legal security: until the statute of limitations applicable to any possible claims, i.e. for two years from the conclusion of the agreement
– whichever of the above periods (a or b) is longer.
- In the scope, in which the processing of personal data is based on the Client’s consent, the personal data shall be processed until such a consent is withdrawn.
- The personal data may be stored for the period of using the Online Store (and may be deleted after three years from the last activity of the Client in the Online Store).
- As far as marketing activities are concerned, personal data may be stored until the Client makes an objection thereto, and if their storage is related to the Cookies technology or similar ones, depending on technical issues, until the related files are deleted using browser/device settings (with the reservation that the deletion of such files does not always entail the deletion of the personal data obtained using the files; hence the right to object).
- Cookie files
- In the scope of its marketing activity, Vershold uses Google Analytics and Facebook lead Ads, which make use of cookie files. The Google Analytics service is provided by Google Inc. (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA.
- Google Analytics uses Cookie files to analyses the way the Online Store is used. Cookie files are small textual information files in the form of text files, sent by the server and saved on the device of the user of the Online Store (e.g. on the hard drive of a PC, notebook, or in the memory card of a smartphone, depending on the kind of a device from which the Online Store is accessed).
- Vershold may process the data included in the Cookie files when the visitors use the Online Store for the following purposes:
– identifying the Clients as logged-in in the Online Shop and displaying that they are logged-in;
– storing the Products added to the cart;
– remembering the data from filled Order Forms, questionnaires or Online Store log-in data;
– adjusting the content of the Online Store Website to the Client’s individual preferences and optimizing the use of the Online Store pages;
– keeping anonymous statistics about the manners of use of the Online Store website.
- The information obtained using Cookie files are saved on servers used by Google Inc, including on the territory of the United States. In the case of activating IP anonymization while using the Online Store, the IP address shall be shortened still within the Member States of the European Union or other Parties of the European Economic Area Agreement. Only in exceptional cases may the full IP address be sent to the United States and shortened there.
- Web browsers and devices available on the market accept saving Cookie files by default. The conditions for using Cookie files may be configured in the settings of the web browser or the device. This means that it is possible to limit or disable saving Cookie files. However, it should be taken into consideration that such limitations on saving Cookie files may make the use of the Online Store difficult or impossible.
- If the Client gives a consent, including the consent to present, create, grant and perform dedicated advertisements, proposals or promotions (discounts) adjusted to their preferences, such a consent may be withdrawn at any time, but the withdrawal shall not influence the lawfulness of the data processing made on the basis of such a consent before the withdrawal thereof.
- It is possible to disable the transfer of data from the User’s device to Google Analytics using Cookie files (including the transfer of the IP address) by downloading and installing the browser plug-in from Google Inc. available at: https://tools.google.com/dlpage/gaoptout?hl=pl.
- Detailed information about the terms and conditions of aforementioned services, including the rules for data collection and processing, are available at: www.google.com/intl/pl/policies/privacy/partners/.
- Depending on the purpose and the legal basis of the processing of the personal data collected using Cookie files, they may be stored for the period specified in Section IV herein. The personal data collected using Cookie files from a person who is not a Client shall be stored until an objection thereto is made. Vershold may delete the personal data if they have not been used for marketing purposes for the period of three years, unless the law binds Vershold to store them for a longer period. Some personal data may be stored for a longer period in case the visitor of the Online Store has any claims against Vershold or in order for Vershold to pursue claims or defend against claims (also third parties), for a period of prescription specified by the provisions of law, and specifically in the Civil Code. In each case, the longer personal data storage period shall apply.
- Personal data security
Vershold shall use adequate technical and organizational measures ensuring the protection of the processed personal data adequate for the threats and suitable for the categories of the protected data; and shall specifically protect the data against unauthorized access or tampering, theft, processing involving the infringement of the law, as well as their change, loss, damage or destruction. Vershold shall adequately share e.g. the following technical measures preventing the unauthorized access and modification of the personal data transferred electronically.
XII. Final provisions
- The basis for any activity related to personal data processing is the prior freely given consent of the Client or the provisions of law.