2. The Website is owned by Kacper Kuczyński who runs economic activity under name BERKE Kacper Kuczyński seated in Działosza 4B, Polska (56-500), Syców, entered into the Business Activity Central Register and Information Record kept by the Minister of Economy, NIP (tax identification number): 9111941294, Regon (national business registry number): 366594697, hereinafter referred to as BERKE Kacper Kuczyński. Kacper Kuczyński is also the Personal Information Administrator.
3. Personal data collected by BERKE Kacper Kuczyński via the Online Store are processed in compliance 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 also referred to as GDPR.
4. BERKE Kacper Kuczyński acts with utmost care in order to ensure privacy of Users who visit the Website.
Article 1 - Type of processed data, objectives and legal ground
1. BERKE Kacper Kuczyński collects data on individuals who run economic or professional activity on their own behalf (hereinafter referred to as the Entrepreneurs), and data on individuals who perform legal actions that are not directly related to their activity, hereinafter referred to as Customers.
2. Customer personal data are collected for:
a. registration of an account in the Online Store for the purpose of establishment and management of an individual account.Legal grounds: processing is necessary for the performance of a contract on establishment and management of an Account service (article 6 sec. 1 letter b of GDPR)
b. placement of an order in the Online Store for the purpose of the performance of a sales contract.Legal grounds: processing is necessary for the performance of a sales contract (article 6 sec. 1 letter b of GDPR)
c. subscription of the Newsletter for the purpose of the performance of a contract concerning a service rendered by electronic means.Legal grounds: consent of a data subject for the performance of a contract concerning Newsletter service (article 6 sec. 1 letter a of GDPR)
d. use of the contact form service for the purpose of the performance of a contract executed by electronic means.Legal grounds: processing is necessary for the performance of a contract on contact form services (article 6 sec. 1 letter b of GDPR)
e. use of the publish opinion service for the purpose of the performance of a contract on a service executed by electronic means.Legal grounds: processing is necessary for the performance of a contract on the publish opinion service (article 6 sec. 1 letter b of GDPR)
3. In case of a registration of an Account in the Website, a User shall provide following data:
4. During registration of an account in the Online Store, the Customer defines an individual access password to their account. The Customer may change an account later in compliance with principles defined in Article 5.
5. In the case of ordering in the Online Shop, Customer provides the following information:
b. address data:
i. postal code and place of residence
iii. street and house/flat number
c. name and surname
d. phone number;
6. In the case of Entrepreneurs above the data range is further extended by:
a. the company name
b. Business Tax Number
7. In case of subscription of the newsletter, User specifies only e-mail address.
8. When using the contact form service, the Customer shall provide the following data:
c. phone number;
9. When using the publish opinion service, the Customer shall provide the following data:
a. name and surname
10. During the Website browsing additional information may be collected such as IP address assigned to User's computer or external IP address of your ISP's, domain name, browser type, time of access, the type of operating system.
11. Also navigation data may be collected from the Customers, including information on links and references they click or other activities undertaken by them in our Online Store.Legal grounds- legitimate interests (article 6 sec. 1 letter f of GDPR) in form of facilitation of use of services rendered by electronic means and improvement of functionality of such services.
12. To determine, exercise and enforce claims, come personal data provided by the Customer when using functionalities of the Online Store may be provided, such as: name, surname, information about use of services, if claims result from the manner of user of services by the Customer, other data necessary to prove existence of claim, including the volume of suffered losses.Legal grounds- legitimate interests (article 6 sec. 1 letter f of GDPR) in form of determination, exercising and enforcement of claims and defence against claims in litigation and proceeding in front of other public authorities.
13. Personal data are provided to BERKE Kacper Kuczyński on voluntary basis in relation to concluded sales contracts or services rendered via the Online Store Website, provided that, however, without data specified in the data forms in the Registration process, Registration and establishment of a Customer Account is not possible, and if orders are placed without Registration of Customer Account, placement and fulfilment of Customer order will be impossible.
Article 2 - To whom are data disclosed or provided and how long are they stored?
1. Customer’s personal data are provided to providers of services used by BERKE Kacper Kuczyński when operating the Online Store depending on contractual arrangements and circumstances, they are either subject to BERKE Kacper Kuczyński’s instructions about manners and ways of data processing (processors) or they define purposes and manners of processing on their own (data controllers).
a. Processors. BERKE Kacper Kuczyński uses services of providers processing data on BERKE Kacper Kuczyński’s request only. They include for instance hosting providers, accounting services, providers of marketing systems, systems of traffic analysis in the Online Store, systems for analysis of marketing campaign efficiency
b. Controllers. BERKE Kacper Kuczyński uses services of providers that do not act on request only, but they define the objectives and manners of use of Customers’ personal data. They render electronic payment and banking services.
2. Location. Providers of services have their registered offices mainly in Poland and other countries of the European Economic Area (EEA).
3. Customers’ personal data are stored:
a. If Customer’s personal data are processed on the basis of a consent, they shall be processed by BERKE Kacper Kuczyński until the consent is not cancelled, and after cancellation of the consent – for a period of time corresponding to the period of limitation of claims that may be raised by or against BERKE Kacper Kuczyński. If it is not provided otherwise in a specific provision, period of limitation amounts to six years, and in case of claims concerning periodical services or claims related to business activity – three years
b. If personal data are processed on the basis of execution of the contract, then the Customers’ personal data shall be processed by BERKE Kacper Kuczyński as long, as it is necessary for execution of the contract, and afterwards – for a period of time corresponding to the period of limitation of claims. If it is not provided otherwise in a specific provision, period of limitation amounts to six years, and in case of claims concerning periodical services or claims related to business activity – three years
4. In case of purchase in the store personal data may be transferred to the courier company, to deliver the ordered goods.
5. Navigational Data may be used to provide better services for Users, perform analyses of statistical data and adjust the Website to Users’ preferences and to administer with the Website.
6. In case of subscription of the newsletter, BERKE Kacper Kuczyński will send emails with commercial information about promotions and new products available in the store to customer's e-mail.
7. In case of a respective request, BERKE Kacper Kuczyński discloses personal data to authorised state authorities, in particular to organisational units of the prosecutor’s office, the Police, the Chairperson of the Personal Data Protection Office, the Chairperson of the Office of Competition and Consumer Protection or the Chairperson of the Office of Electronic Communications.
Article 3 - Cookies mechanism, IP address
1. The Website uses small files called cookies. They are recorded by BERKE Kacper Kuczyński Website on a computer of a visitor to the Website, if a web browser allows so. Cookie file usually contains a name of domain, where it comes from, its expiry time and an individual random number that identifies such file. Information collected by means of such type of files allow to adjust services offered by BERKE Kacper Kuczyński to individual preferences and actual needs of visitors at the Website. It gives also an opportunity to work out general statistics of hits into information presented at the Website.
2. BERKE Kacper Kuczyński uses two types of cookie files:
a. Session cookie: recorded information is deleted from memory of a device after an end of a session of a given web browser or after a computer is turned off. Session cookie mechanism does not allow for collection of any personal data and other confidential information from User’s computer.
b. Persistent cookie: they are kept on User’s hard disk drive until they are deleted. Persistent cookie mechanism does not allow to collect any personal information or any confidential information from users computer.
3. BERKE Kacper Kuczyński uses its own cookies for:
a. authentication in the Website and to ensure the User session in the Website (after logging in), through which the user does not have on every page to retype your login and password
b. analyzes and surveys and audits audience, and in particular to create anonymous statistics that help to understand how customers use the Website, which allows improvement of its structure and content.
4. BERKE Kacper Kuczyński uses external cookies to:
a. collect general and anonymous statistical data through Google Analytics (administrator of external cookies: Google Inc seated in the USA)
b. to present the Certificate Trusted Regulations through the Service rzetelnyregulamin.pl (external cookies administrator Rzetelna Grupa Sp. z o.o. with its registered office in Warsaw, Poland)
5. The cookie mechanism is safe for computers of the Website’s Users. In particular this way does not give a possibility for viruses or other unwanted or malicious software to enter your computers. Still, Users have an option in their web browsers to limit or switch off the access of cookie files to their computers. If you use this option, you may still use the Website except functions that due to their nature require cookies.
b. Facebook in-app Browser
c. Internet Explorer
d. Microsoft EDGE
e. Mozilla Firefox
h. Samsung Browser
7. BERKE Kacper Kuczyński may collect your IP address. IP address is a number assigned to the computer of a website visitor by your ISP. IP number allows you to access the Internet. In most cases, the computer is assigned dynamically, ie it changes every time you connect to the Internet and therefore is widely regarded as a non-personally identifying information. The IP address is used by BERKE Kacper Kuczyński in diagnosing technical problems with the server, creating a statistical analysis (eg determining regions from which we note the most visits), as information useful in administering and improving the Website, as well as for security purposes and the possible identification of aggravating server unwanted automatic programs for viewing Website content.
8. The Website contains links and hyperlinks to other web pages. BERKE Kacper Kuczyński shall not be responsible for privacy policies in force therein.
Article 4 - Rights of data subjects
1. The right to withdraw consent –legal ground: article 7 sec. 3 of GDPR.
a. The Customer has a right to withdraw consent granted to BERKE Kacper Kuczyński.
b. Withdrawal of consent shall be effective as the time of withdrawal.
c. Withdrawal of consent shall not affect the lawfulness of processing before its withdrawal.
d. Withdrawal of consent shall not entail any negative consequences for the Customer, but may prevent them from further use of services of functionalities, which may be lawfully provided by BERKE Kacper Kuczyński only upon consent of the Customer.
2. Right to object to personal data processing -legal ground: article 21 of GDPR.
a. The Customer shall have the right to object, on grounds relating to their particular situation, at any time to processing of personal data concerning them, including profiling, if BERKE Kacper Kuczyński processes their data on the basis of a legitimate interest, such e.g. marketing of BERKE Kacper Kuczyński’s products and services, statistic concerning use of individual functionalities of the Online Store and facilitation of use of the Online Store, and Customer satisfaction surveys
b. An e-mail resignation from marketing communications on products or services will mean the Customer’s objection to processing of their personal data, including profiling for those purposes
c. If the Customer’s objection is reasonable and BERKE Kacper Kuczyński has no other legal grounds to process personal data, the Customer’s personal data, whose processing has been objected by the Customer, will be deleted
3. Right to erasure (“right to be forgotten” ) -legal ground: article 17 of GDPR.
a. The Customer has the right to demand erasure of all or some personal data
b. The Customer has the right to demand the erasure of some personal data, if:
i. the personal data are no longer necessary in relation to the purposes for which they were collected or processed
ii. the Customer has withdrawn consent in the scope in which personal data have been processed on the basis of their consent
iii. the Customer has objected to use of their data for marketing purposes
iv. the personal data are unlawfully processed
v. the personal data have to be erased for compliance with a legal obligation in Union or Member State law to which BERKE Kacper Kuczyński is subject
vi. the personal data have been collected in relation to the offer of information society services
c. Despite of demand of erasure of personal data in relation to an objection or withdrawal of consent, BERKE Kacper Kuczyński may retain some full personal data in the scope, in which processing is necessary for determination, claiming or defence against claims, and for fulfilment of the legal obligation requiring data processing under the legislation of the European Union or a Member State to which BERKE Kacper Kuczyński is subject. It refers in particular to: name, surname, e-mail address, which are retained for the purpose of examination of complaints and claims related to use of BERKE Kacper Kuczyński services, or additionally an address of residence/ correspondences, order number, which are retained for the purpose of examination of complaints and claims related to concluded sales agreements or service agreements.
4. Right to restriction of processing-legal ground: article 18 of GDPR.
a. The Customer shall have the right to obtain from the controller restriction of their personal data processing. Submission of such demand, until its examination, prevents the use of specified functionalities or services, the use of which would be related with processing of personal data subject to such demand. Moreover, BERKE Kacper Kuczyński will not send any message, including marketing communications.
b. The Customer shall have the right to demand restriction of their personal data processing in the following cases:
i. When they contest the acccuracy of their personal data; then BERKE Kacper Kuczyński shall restrict their use for a period enabling verification of the accuracy of the personal data, but no longer than for 7 days
ii. When data processing is unlawful and the Customer demands restriction of their use instead of their erasure
iii. When personal data are no longer necessary for the purposes of their collection or use, but they are needed by the Customer in order to determine, exercise or defend claims
iv. When the Customer objected to proceeding of their data- then the restriction is introduced for a period necessary to consider whether, due to exceptional circumstances – protection of the Customer’s interests, rights and freedoms prevails over the interests, which are exercise by the Controller when proceeding Customer’s personal data
5. Right of access to data -legal ground: article 15 of GDPR.
a. The Customer shall have the right to obtain a confirmation from the Controller, whether or not it processes personal data, and if yes, the Customer shall have the right to:
i. obtain access to their personal data
ii. obtain information on the purposes of the processing, the categories of processes personal data, the recipients or categories of recipients of such data, the envisaged period for which the personal data will be stored or the criteria used to determine that period (if determination of the planned period of data processing is not possible), on Customer’s rights under the GDPR and the right to lodge a complaint with a supervisory authority, on the source of such data, automated decision-making, including profiling and security devices applied due to the transfer of such data outside the European Union
iii. obtain copies of their personal data
6. Right to rectification -legal ground: article 16 of GDPR
7. Right to data portability-legal ground: article 20 of GDPR.
a. The Customer shall have the right to obtain their personal data, which were provided to the Controller, and then to send them to another data controller selected by the Customer. The Customer shall have the right to demand that such personal data are sent directly by us to another data controller, if this is technically feasible. In such case the Controller shall sent the Customer’s personal data in a csv file, which is a commonly used machine-readable format, allowing transfer of processed data to another data controller
8. If the Customer wishes to exercise any of the foregoing rights, BERKE Kacper Kuczyński fulfils a request or refuses to fulfil it promptly, but no later than within a month of its receipt. If, however, due to a complex nature of a demand or a number of demands BERKE Kacper Kuczyński is not able to fulfil demand within one month, it shall fulfil it during the following two months, notifying the Customer earlier within a month from receipt of the demand on the intended prolongation of the period and about own activities.
9. The Customer may file complaints, questions or requests concerning processing of their personal data and execution of this right.
11. The Customer shall have the right to file a complaint to the Chairperson of the Office of Personal Data Protection in respect to violation of their rights for personal data processing or other rights granted under the GDPR.
Article 5 - Security management – the password
1. BERKE Kacper Kuczyński ensures safe and encrypted connection to the Customers during transfer of personal data and logging to the Customer Account on the Portal. BERKE Kacper Kuczyński uses SSL certificate issued by one of the world leaders in respect to security and encryption of data sent via the Internet.
2. In any case of loss of the password to the Customer’s account in the Online Shop, generating a new password shall be available. The BERKE Kacper Kuczyński shall not send any password reminder. The Customer’s encrypted password is stored in database in non-readable form. In order to generate a new password, e-mail address shall be entered to the form available at „Forget your password?”, given in log-in form in the Online Shop. BERKE Kacper Kuczyński will be sent an e-mail with a unique redirecting to the Online Shop, after selecting the user will be able to choose a new password.
3. BERKE Kacper Kuczyński shall never ask the Customer to provide him with access to the login or password in any form.
3. Date of the last amendment: 09.08.2022.