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Polityka prywatności

PRIVACY POLICY

OF THE KALANTO.PL ONLINE STORE

TABLE OF CONTENTS:

1.GENERAL PROVISIONS

2.LEGAL BASES FOR DATA PROCESSING

3.PURPOSE, LEGAL 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

This privacy policy of the Online Store is for informational purposes, which means that it is not a source of obligations for Service Recipients or Customers of the Online Store. The privacy policy contains primarily the rules regarding the processing of personal data by the Controller in the Online Store, including the legal bases, purposes and period of personal data processing, as well as the rights of persons whose data are concerned, and information regarding the use of Cookies and analytical tools in the Online Store.

The controller of personal data collected via the Online Store is KALANTO SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office in Tarnowskie Góry (registered office and address for service: ul. Ks. Prałata Edwarda Płonki 8, 42-609 Tarnowskie Góry), entered in the register of entrepreneurs of the National Court Register under KRS number 0001167701; the registration court where the company documentation is kept: District Court in Gliwice, 10th Commercial Division of the National Court Register; NIP 6452593013, REGON 541470362; share capital in the amount of: PLN 5,000.00; e-mail address: kontakt@kalanto.pl, phone number: +48 573 830 180 — hereinafter referred to as the “Controller” and being at the same time the Service Provider of the Online Store and the Seller.

Personal data in the Online Store are processed by the Controller in accordance with applicable law, 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 the “GDPR” or the “GDPR Regulation”. Official text of the GDPR Regulation: http://eur-lex.europa.eu/legal-content/PL/TXT/?uri=CELEX%3A32016R0679

Use of 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 Controller — failure to provide personal data necessary to conclude and perform a Sales Contract or a contract for the provision of an Electronic Service 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 results in the inability to conclude such a contract. Providing personal data in such a case is a contractual requirement and if the data subject wishes to conclude a given contract with the 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 Online Store Terms and Conditions; (2) statutory obligations of the Controller — providing personal data is a statutory requirement resulting from generally applicable laws imposing on the Controller the obligation to process personal data (e.g. processing data for the purpose of keeping accounting records) and failure to provide them will prevent the Controller from fulfilling these obligations.

The Controller exercises special care to protect the interests of persons whose personal data are processed by it, and in particular is responsible for and ensures that the data collected by it are: (1) processed lawfully; (2) collected for specified, lawful purposes and not further processed in a manner 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 is necessary for the purposes of processing; and (5) processed in a manner ensuring appropriate security of personal data, including protection against unauthorized or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organizational measures.

Taking into account the nature, scope, context and purposes of processing as well as the risk of violation of the rights or freedoms of natural persons with varying likelihood and severity, the Controller implements appropriate technical and organizational measures to ensure that processing is carried out in accordance with the GDPR Regulation and to be able to demonstrate this. These measures are reviewed and updated where necessary. The Controller uses technical measures to prevent unauthorized persons from obtaining and modifying personal data transmitted electronically.

All words, expressions 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.LEGAL BASES FOR DATA PROCESSING

The 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 a 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 Controller is subject; or (4) processing is necessary for the purposes of the legitimate interests pursued by the Controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject requiring protection of personal data, in particular where the data subject is a child.

Processing of personal data by the Controller each time requires the occurrence of at least one of the legal bases indicated in point 2.1 of the privacy policy. The specific legal bases for processing the personal data of Service Recipients and Customers of the Online Store by the Controller are indicated in the next point of the privacy policy — in relation to the given purpose of processing personal data by the Controller.

3.PURPOSE, LEGAL BASIS AND PERIOD OF DATA PROCESSING IN THE ONLINE STORE

Each time, the purpose, legal basis and period as well as the recipients of personal data processed by the Controller result from the actions taken by a given Service Recipient or Customer in the Online Store or by the Controller. For example, if the Customer decides to make purchases in the Online Store and chooses personal collection of the purchased Product instead of courier delivery, then their personal data will be processed for the purpose of performing the concluded Sales Contract, but will no longer be disclosed to the carrier carrying out shipments on the Controller’s behalf.

The Controller may process personal data within the Online Store for the following purposes, on the legal bases and for the periods indicated in the table below:

 

Purpose of data processing

Legal basis for data processing

Data retention period

Performance of the Sales Contract or a contract for the provision of an Electronic Service, or taking action at the request of the data subject prior to the conclusion of the above-mentioned 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 a party or in order to take steps at the request of the data subject prior to entering into a contract

Data are stored for the period necessary to perform, terminate, or otherwise expire the concluded Sales Contract or the contract for the provision of an Electronic Service.

Marketing of the Controller’s goods and services

(e.g., sending commercial information, including direct marketing, using telecommunications end devices such as e-mail and telephone, or automated calling systems)

Article 6(1)(f) of the GDPR Regulation (legitimate interest of the Controller) – processing is necessary for the purposes resulting from the legitimate interests pursued by the Controller, which include direct marketing – consisting in taking care of the Controller’s interests and good image, its Online Store, and pursuing the sale of Products – for example in connection with prior consent given by the data subject (e.g., when subscribing to the Newsletter) to receive commercial information using telecommunications end devices such as e-mail or telephone, depending on the scope of the consent given

Data are stored for the period during which the legitimate interest pursued by the Controller exists, but no longer than the limitation period for the Controller’s claims against the data subject arising from the Controller’s business activity. The limitation period is defined by provisions of law, in particular the Civil Code (the basic limitation period for claims related to conducting business activity is three years, and for a Sales Contract two years).

 

The Controller may not process data for direct marketing purposes if the data subject has effectively objected in this respect.

 

Additionally, where the legal basis for processing is consent given for the sending of commercial information, including direct marketing, by means of telecommunications end devices or automated calling systems, the data are stored until the consent is withdrawn by the data subject for further processing of their data for this purpose, without affecting the lawfulness of processing carried out on the basis of consent before its withdrawal.

Providing an opinion by the Customer about the concluded Sales Contract

Article 6(1)(a) of the GDPR Regulation (consent) – the data subject has given consent to the processing of their personal data for the purpose of providing an opinion

Data are stored until the data subject withdraws their consent to further processing of their data for this purpose.

Keeping accounting records

Article 6(1)(c) of the GDPR Regulation (legal obligation) in conjunction with Article 74(2) of the Accounting Act of 30 January 2018 (Journal of Laws of 2018, item 395, as amended) – processing is necessary for compliance with a legal obligation to which the Controller is subject

Data are stored for the period required by law obliging the Controller to retain accounting records (5 years, counted from the beginning of the year following the financial year to which the data relate).

Establishing, pursuing, or defending claims that may be raised by the Controller or that may be raised against the Controller

Article 6(1)(f) of the GDPR Regulation (legitimate interest of the Controller) – processing is necessary for the purposes resulting from the legitimate interests pursued by the Controller – consisting in establishing, pursuing, or defending claims that may be raised by the Controller or that may be raised against the Controller

Data are stored for the period during which the legitimate interest pursued by the Controller exists, 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).

Use of 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 resulting from the legitimate interests pursued by the Controller – consisting in operating and maintaining the Online Store website

Data are stored for the period during which the legitimate interest pursued by the Controller exists, but no longer than the limitation period for the Controller’s claims against the data subject arising from the Controller’s business activity. The limitation period is defined by provisions of law, in particular the Civil Code (the basic limitation period for claims related to conducting business activity is three years, and for a Sales Contract 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 resulting from the legitimate interests pursued by the Controller – consisting in maintaining statistics and analyzing traffic in the Online Store in order to improve the functioning of the Online Store and increase the sale of Products

Dane są przechowywane przez okres istnienia prawnie uzasadnionego interesu realizowanego przez Administratora, nie dłużej jednak niż przez okres przedawnienia roszczeń Administratora w stosunku do osoby, której dane dotyczą, z tytułu prowadzonej przez Administratora działalności gospodarczej. Okres przedawnienia określają przepisy prawa, w szczególności Kodeksu Cywilnego (podstawowy termin przedawnienia dla roszczeń związanych z prowadzeniem działalności gospodarczej wynosi trzy lata, a dla Umowy Sprzedaży dwa lata).

4. DATA RECIPIENTS IN THE ONLINE STORE

 

For the proper functioning of the Online Store, including the performance of concluded Sales Contracts, it is necessary for the Controller to use the services of external entities (such as, for example, a software provider, courier or payment service provider). The Controller uses only such processors who provide sufficient guarantees of implementing appropriate technical and organizational measures so that processing meets the requirements of the GDPR Regulation and protects the rights of data subjects.

Personal data may be transferred by the Controller to a third country, whereby the Controller ensures that in such a case the transfer will take place to a country ensuring an adequate level of protection — in accordance with the GDPR Regulation, and in the case of other countries, that the transfer will take place on the basis of standard data protection clauses. The Controller ensures that the data subject has the possibility to obtain a copy of their data. The Controller transfers collected personal data only in cases and to the extent necessary to achieve a given purpose of data processing consistent with this privacy policy.

Transfer of data by the Controller does not take place 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 achieve a given purpose of personal data processing and only to the extent necessary to achieve it. For example, if the Customer uses personal collection, their data will not be transferred to a carrier cooperating with the 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 warehousing and/or the shipping process — in the case of a Customer who uses delivery of a Product by postal shipment or courier shipment in the Online Store, the Controller makes the collected personal data of the Customer available to the selected carrier, forwarder or intermediary carrying out shipments on behalf of the Controller, and if the shipment is made from an external warehouse — to the entity handling the warehouse and/or shipping process — to the extent necessary to deliver the Product to the Customer.

entities handling electronic payments or payment card payments — in the case of a Customer who uses electronic payment or payment card payment methods in the Online Store, the Controller makes the collected personal data of the Customer available to the selected entity handling the above payments in the Online Store on behalf of the Controller to the extent necessary to handle the payment made by the Customer.

credit institutions / leasing providers — in the case of a Customer who uses installment payment or leasing payment methods in the Online Store, the Controller makes the collected personal data of the Customer available to the selected lender or leasing provider handling the above payments in the Online Store on behalf of the Controller to the extent necessary to handle the payment made by the Customer.

providers of opinion survey systems — in the case of a Customer who has agreed to provide an opinion about the concluded Sales Contract, the Controller makes the collected personal data of the Customer available to the selected entity providing a system for surveying opinions about concluded Sales Contracts in the Online Store on behalf of the Controller to the extent necessary for the Customer to provide an opinion using the survey system.

providers of services supplying the Controller with technical, IT and organizational solutions enabling the Controller to conduct business activity, including the Online Store and Electronic Services provided through it (in particular providers of computer software for operating the Online Store, e-mail and hosting providers, and providers of software for company management and providing technical support to the Controller) — the Controller makes the collected personal data of the Customer available to the selected provider acting on its behalf only in cases and to the extent necessary to achieve a given purpose of data processing consistent with this privacy policy.

providers of accounting, legal and advisory services providing the Controller with accounting, legal or advisory support (in particular an accounting office, law firm or debt collection company) — the Controller makes the collected personal data of the Customer available to the selected provider acting on its behalf only in cases and to the extent necessary to achieve a given purpose of data processing consistent with this privacy policy.

providers of social plugins, scripts and other similar tools placed on the Online Store website enabling the browser of a person visiting the Online Store website to download content from the providers of those plugins (e.g., logging in using social network login data) and to transfer personal data of the visitor to those providers for this purpose, including also:

Meta Platforms Ireland Ltd. — the Controller may use social plugins of Facebook and Instagram on the Online Store website (e.g., Like, Share buttons or logging in using Facebook login data) and in connection with this collects and makes available personal data of the Service Recipient using the Online Store website to Meta Platforms Ireland Ltd. (4 Grand Canal Square, Grand Canal Harbour, Dublin 2 Ireland) to the extent and in accordance with the privacy rules available here: https://www.facebook.com/about/privacy/

 (these data include information about activities on the Online Store website — including information about the device, visited websites, purchases, displayed advertisements and how services are used — regardless of whether the Service Recipient has a Facebook or Instagram account and whether they are logged in).

 

Google Ireland Ltd. — the Controller may use Google plugins on the Online Store website (e.g., logging in using Google login data) and in connection with this collects and makes available personal data of the Service Recipient using the Online Store website to Google Ireland Ltd. (Gordon House, Barrow Street, Dublin 4, Ireland) to the extent and in accordance with the privacy rules available here: https://policies.google.com/privacy?hl=pl

 (these data include information about activities on the Online Store website — including information about the device, visited websites, purchases, displayed advertisements and how services are used).

5. PROFILING IN THE ONLINE STORE

 

The GDPR Regulation imposes on the Controller the obligation to inform about automated decision-making, including profiling referred to in Article 22(1) and (4) of the GDPR Regulation, and — at least in those cases — relevant information about the principles of such decision-making, as well as the significance and the envisaged consequences of such processing for the data subject. With this in mind, the Controller provides in this point of the privacy policy information regarding possible profiling.

The Controller may use profiling in the Online Store for direct marketing purposes, but decisions made on its basis by the Controller do not concern the conclusion or refusal to conclude a Sales Contract 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 about unfinished purchases, sending a Product proposal that may correspond to that person’s interests or preferences, or proposing better conditions compared to the standard offer of the Online Store. Despite profiling, the person freely decides whether they want to use the discount or better conditions received in this way and make a purchase in the Online Store.

Profiling in the Online Store consists in automatic analysis or prediction of a given person’s behavior on the Online Store website, for example by adding a specific Product to the cart, browsing 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 that person’s personal data in order to be able to send them, for example, a discount code.

The data subject has the right not to be subject to a decision which is based solely on automated processing, including profiling, and which produces legal effects concerning them or similarly significantly affects them.

6. RIGHTS OF THE DATA SUBJECT

 

Right of access, rectification, restriction, erasure or portability – the data subject has the right to request from the Controller access to their personal data, their rectification, erasure (“the 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 rights are set out in Articles 15–21 of the GDPR Regulation.

Right to withdraw consent at any time – a person whose data are processed by the Controller on the basis of given consent (under 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 carried out on the basis of consent before its withdrawal.

Right to lodge a complaint with a supervisory authority – a person whose data are 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 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 at any time — on grounds relating to their particular situation — to the processing of personal data concerning them based on Article 6(1)(e) (public interest or official authority) or (f) (legitimate interest of the controller), including profiling based on those provisions. In such a case, the Controller may no longer process those personal data unless the Controller demonstrates compelling legitimate grounds for the processing overriding the interests, rights and freedoms of the data subject, or grounds for the establishment, pursuit or defense of claims.

Right to object regarding 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 personal data concerning them for such marketing, including profiling, to the extent that the processing is related to such direct marketing.

In order to exercise the rights referred to in this point of the privacy policy, the Controller may be contacted by sending an appropriate message in writing or by e-mail 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

 

Cookies are small text information in the form of text files, sent by a server and stored on the side of the person visiting the Online Store website (e.g., on the hard drive of a computer or laptop, or on a smartphone memory card — depending on which device is used by the visitor to our Online Store). Detailed information about Cookies, as well as the history of their creation, can be found, among others, here: https://pl.wikipedia.org/wiki/HTTP_cookie.

The Controller may provide on the Online Store website a tool for easy and active management of Cookies — available upon the first visit to the website and then, after closing it, available in the lower corner of the website. Active management allows, among other things, checking which Cookies are or may be stored while using the website, as well as selecting and later changing the scope and purposes of the use of Cookies in relation to the device and the website visitor. When starting to use the website, the visitor will be asked to choose settings regarding Cookies. It is possible to change them later by modifying the settings within this tool available on the website.

Below, the Controller provides a range of information regarding the use of Cookies on the Online Store website, their types and purposes of use, and their management using, for example, web browser settings and/or the Cookie management tool available on the website. The Controller encourages the use of the Cookie management tool available on the website, which allows easy active management of Cookies while using the website, and if it is not available, to review the information below regarding, among other things, managing Cookies from the level of the web browser.

 

Cookies that may be sent by the Online Store website can be divided into different types according to the following criteria:

Due to their provider:

  1. first-party (created by the Controller’s Online Store website) and
  2. third-party (belonging to third persons/entities other than the Controller)

Due to their storage period on the device of the person visiting 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 defined by the parameters of each file or until manually deleted)

Due to their purpose of use:

  1. essential (enabling the proper functioning of the Online Store website),

  2. functional/preference (enabling the Online Store website to be adjusted to the preferences of the person visiting the website),

  3. analytical and performance (collecting information about how the Online Store website is used),

  4. marketing, advertising and social (collecting information about the person visiting the Online Store website in order to display advertisements to that person, personalize them, measure their effectiveness, and carry out other marketing activities, including on websites separate from the Online Store website, such as social networks or other websites belonging to the same advertising networks as the Online Store).

The Controller may process data contained in Cookies when visitors use the Online Store website for the following specific purposes:

Purposes of the use of Cookies in the 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 shopping cart for the purpose of placing an Order (essential Cookies)

remembering data entered in Order Forms, surveys, or login details for the Online Store (essential and/or functional/preference Cookies)

adapting the content of the Online Store website to the individual preferences of the Service Recipient (e.g., colors, font size, page layout) and optimizing the use of the Online Store pages (functional/preference Cookies)

creating anonymous statistics showing how the Online Store website is used (analytical and performance Cookies)

displaying and rendering advertisements, limiting the number of times ads are shown, ignoring ads that the Service Recipient does not wish to see, measuring the effectiveness of advertisements, and personalizing ads — that is, analyzing the behavior characteristics of visitors to the Online Store through anonymous analysis of their activities (e.g., repeated visits to specific pages, keywords, etc.) in order to build their profile and deliver advertisements tailored to their predicted interests, including when they visit other websites within the Facebook and Instagram advertising network, i.e., Meta Platforms Ireland Ltd. (marketing, advertising and social media Cookies)

It is possible to check which Cookies are currently being sent by the Online Store website, regardless of the web browser used, by means of tools available, for example, at: https://www.cookiemetrix.com

 or https://www.cookie-checker.com.

By default, most web browsers available on the market accept the storage of Cookies. Everyone has the possibility to define the conditions for the use of Cookies through the settings of their own web browser. This means that you can, for example, partially restrict (e.g. temporarily) or completely disable the possibility of storing Cookies – however, in the latter case this may affect certain functionalities of the Online Store (for example, it may become impossible to complete the Order process via the Order Form due to Products not being remembered in the cart during subsequent steps of placing the Order).

Web browser settings regarding Cookies are important from the point of view of consent to the use of Cookies by our Online Store – in accordance with regulations, such consent may 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 help section of the browser and on the following pages (just click the relevant link):

in the Chrome browser

in the Firefox browser

in the Internet Explorer browser

in the Opera browser

in the Safari browser

in the Microsoft Edge browser

The Administrator may use Google Analytics and Universal Analytics services in the Online Store, provided by Google Ireland Limited (Gordon House, Barrow Street, Dublin 4, Ireland). These services help the Administrator 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 aggregated in nature. When using the above services in the Online Store, the Administrator collects such data as the sources and mediums of acquiring visitors to the Online Store and the way they behave on the Online Store website, information about devices and browsers from which they visit the website, IP address and domain, geographic data, as well as demographic data (age, gender) and interests.

It is possible for a given person to easily block the sharing of information about their activity on the Online Store website with Google Analytics – for this purpose, for example, a browser add-on provided by Google Ireland Ltd. can be installed, available here: https://tools.google.com/dlpage/gaoptout?hl=pl.

 

In connection with the possibility that the Administrator uses advertising and analytics services provided by Google Ireland Ltd. in the Online Store, the Administrator indicates that full information about the principles of processing data of persons visiting the Online Store (including information stored in Cookies files) by Google Ireland Ltd. is available in the Google services privacy policy at the following address: https://policies.google.com/technologies/partner-sites.

 

The Administrator may use the Meta Pixel service in the Online Store provided by Meta Platforms Ireland Limited (4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland). This service helps the Administrator measure advertising effectiveness and learn what actions visitors to the Online Store take, as well as display tailored advertisements to those persons. Detailed information about how the Meta Pixel works can be found at the following address: https://www.facebook.com/business/help/742478679120153?helpref=page_content.

 

Managing the operation of the Meta Pixel is possible through ad settings in a user account on Facebook.com: https://www.facebook.com/ads/preferences/?entry_product=ad_settings_screen.

8. FINAL PROVISIONS

The Online Store may contain links to other websites. The Administrator encourages users, after navigating to other websites, to review the privacy policy established there. This privacy policy applies only to the Administrator’s Online Store.