Privacy policy

PRIVACY POLICY

OF THE MIUMMASH.COM ONLINE STORE

TABLE OF CONTENTS:

GENERAL PROVISIONS
GROUNDS FOR DATA PROCESSING
PURPOSE, BASIS AND PERIOD OF DATA PROCESSING IN THE ONLINE STORE
DATA RECIPIENTS IN THE ONLINE STORE
PROFILING IN THE ONLINE STORE
RIGHTS OF THE DATA SUBJECT
COOKIES IN THE ONLINE STORE AND ANALYTICS
FINAL PROVISIONS

GENERAL PROVISIONS

This privacy policy of the Online Store is for information purposes only, which means that it is not a source of obligations for Service Recipients or Customers of the Online Store. The privacy policy primarily sets out the rules governing the processing of personal data by the Controller in the Online Store, including the grounds, purposes and scope of the processing of personal data and the rights of data subjects, as well as information on the use of cookies and analytical tools in the Online Store.

The controller of the personal data collected via the Online Store is DAMIAN TOMZIK, conducting business activity under the business name MIUMMASH DAMIAN TOMZIK, entered in the Central Register and Information on Economic Activity of the Republic of Poland kept by the minister competent for economic affairs, having: the address of the place of business and address for service: Zebrzydowice 400, 34-130 Kalwaria Zebrzydowska, NIP (tax identification number): 9491919779, REGON (statistical number): 362827437 and the e-mail address: shop@miummash.com- 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 the applicable provisions of 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”. The 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. Likewise, the related provision of personal data by a Service Recipient or Customer using the Online Store is voluntary, subject to two exceptions: (1) concluding agreements with the Controller - failure to provide, in the cases and to the extent indicated on the Online Store website and in the Terms and Conditions of the Online Store and this privacy policy, the personal data necessary to conclude and perform a Sales Agreement or an agreement for the provision of an Electronic Service with the Controller results in the inability to conclude that agreement. In such a case, the provision of personal data is a contractual requirement and, if the data subject wishes to conclude a given agreement with the Controller, he or she is obliged to provide the required data. In each case, the scope of data required to conclude an agreement is indicated in advance on the Online Store website and in the Terms and Conditions of the Online Store; (2) statutory obligations of the Controller - the provision of personal data is a statutory requirement arising from generally applicable provisions of law which impose on the Controller an obligation to process personal data (e.g. the processing of data for the purpose of keeping tax or accounting books), and failure to provide such data will prevent the Controller from fulfilling those obligations.

The Controller takes particular care to protect the interests of the persons whose personal data it processes, and in particular it is responsible for and ensures that the data it collects are: (1) processed lawfully; (2) collected for specified, legitimate purposes and not further processed in a manner that is incompatible with those purposes; (3) factually correct and adequate in relation to the purposes for which they are processed; (4) kept in a form which permits identification of data subjects for no longer than is necessary to achieve the purpose of the processing; and (5) processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures.

Taking into account the nature, scope, context and purposes of the processing, as well as the risks of varying likelihood and severity for the rights and freedoms of natural persons, the Controller implements appropriate technical and organisational measures to ensure, and to be able to demonstrate, that processing is performed in accordance with this Regulation. Those measures are reviewed and updated where necessary. The Controller applies technical measures to prevent unauthorised persons from obtaining and modifying personal data transmitted by electronic means.

All words, expressions and acronyms appearing in this privacy policy and beginning with a capital letter (e.g. Seller, Online Store, Electronic Service) are to be understood in accordance with their definitions contained in the Terms and Conditions of the Online Store, available on the Online Store website.

GROUNDS FOR DATA PROCESSING

The Controller is entitled to process personal data 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 his or her personal data for one or more specific purposes; (2) processing is necessary 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; (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 which require protection of personal data, in particular where the data subject is a child.

The processing of personal data by the Controller requires, in each case, the existence of at least one of the grounds indicated in point 2.1 of the privacy policy. The specific grounds for the processing of 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 the processing of personal data by the Controller.

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

In each case, the purpose, basis and period of processing, as well as the recipients of the personal data processed by the Controller, result from the actions taken by the given Service Recipient or Customer in the Online Store or by the Controller. For example, if a Customer decides to make a purchase in the Online Store and chooses personal collection of the purchased Product instead of courier delivery, his or her personal data will be processed for the purpose of performing the concluded Sales Agreement, but will not be made available to the carrier handling shipments on behalf of the Controller.

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

Purpose of data processing	Legal basis for data processing	Data retention period
Performance of a Sales Agreement or an agreement for the provision of an Electronic Service, or taking steps at the request of the data subject prior to the conclusion of the above-mentioned agreements	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 party or in order to take steps at the request of the data subject prior to entering into a contract	The data are stored for the period necessary for the performance, termination or expiry by other means of the concluded Sales Agreement or agreement for the provision of an Electronic Service.
Direct marketing	Article 6(1)(f) of the GDPR Regulation (legitimate interest of the controller) – processing is necessary for the purposes of the legitimate interests of the Controller – consisting in safeguarding the interests and good image of the Controller and its Online Store, and in seeking to sell Products	The data are stored for the period during which the legitimate interest pursued by the Controller exists, but for no longer than the limitation period for the Controller's claims against the data subject arising from the business activity conducted by the Controller. The limitation period is laid down by the provisions of law, in particular the Polish Civil Code (the basic limitation period for claims connected with the conduct of business activity is three years, and for a Sales Agreement two years). The Controller may not process data for direct marketing purposes where the data subject has effectively objected to such processing.
Marketing	Article 6(1)(a) of the GDPR Regulation (consent) – the data subject has given consent to the processing of his or her personal data for marketing purposes by the Controller	The data are stored until the data subject withdraws consent to the further processing of his or her data for this purpose.
Keeping tax books	Article 6(1)(c) of the GDPR Regulation in conjunction with Article 86 § 1 of the Polish Tax Ordinance Act, consolidated text of 17 January 2017 (Journal of Laws of 2017, item 201) – processing is necessary for compliance with a legal obligation to which the Controller is subject	The data are stored for the period required by the provisions of law which oblige the Controller to keep tax books (until the limitation period for the tax liability expires, unless tax statutes provide otherwise).
Establishment, exercise or defence of claims which may be raised by the Controller or which 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 of the legitimate interests of the Controller – consisting in the establishment, exercise or defence of claims which may be raised by the Controller or which may be raised against the Controller	The data are stored for the period during which the legitimate interest pursued by the Controller exists, but for no longer than the limitation period for claims which 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 of the legitimate interests of the Controller – consisting in operating and maintaining the Online Store website	The data are stored for the period during which the legitimate interest pursued by the Controller exists, but for no longer than the limitation period for the Controller's claims against the data subject arising from the business activity conducted by the Controller. The limitation period is laid down by the provisions of law, in particular the Polish Civil Code (the basic limitation period for claims connected with the conduct of business activity is three years, and for a Sales Agreement two years).
Keeping statistics and analysing traffic in the Online Store	Article 6(1)(f) of the GDPR Regulation (legitimate interest of the controller) – processing is necessary for the purposes of the legitimate interests of the Controller – consisting in keeping statistics and analysing traffic in the Online Store in order to improve the functioning of the Online Store and increase sales of Products	The data are stored for the period during which the legitimate interest pursued by the Controller exists, but for no longer than the limitation period for the Controller's claims against the data subject arising from the business activity conducted by the Controller. The limitation period is laid down by the provisions of law, in particular the Polish Civil Code (the basic limitation period for claims connected with the conduct of business activity is three years, and for a Sales Agreement two years).

DATA RECIPIENTS IN THE ONLINE STORE

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

Data are not transferred by the Controller in every case, nor to all the recipients or categories of recipients indicated in the privacy policy – the Controller transfers data only where this is necessary to achieve a given purpose of the processing of personal data and only to the extent necessary to achieve it. For example, if a Customer uses personal collection, his or her data will not be transferred to the carrier cooperating with the Controller.

Personal data may be transferred by the Controller to a third country, provided that the Controller ensures that in such a case the transfer will be made to a country ensuring an adequate level of protection – in accordance with the GDPR Regulation – and that the data subject is able to obtain a copy of his or her data. The Controller transfers the personal data collected only where and to the extent necessary to achieve a given purpose of data processing in accordance with this privacy policy.

The personal data of Service Recipients and Customers of the Online Store may be transferred to the following recipients or categories of recipients:

carriers / freight forwarders / courier brokers - in the case of a Customer who uses postal or courier delivery of the Product in the Online Store, the Controller makes the Customer's collected personal data available to the selected carrier, freight forwarder or intermediary handling shipments on behalf of the Controller, to the extent necessary to deliver the Product to the Customer.
entities handling electronic or payment card payments - in the case of a Customer who uses electronic or payment card payment methods in the Online Store, the Controller makes the Customer's collected personal data available to the selected entity handling the above payments in the Online Store on behalf of the Controller, to the extent necessary to handle the payment made by the Customer.
service providers supplying the Controller with technical, IT and organisational solutions enabling the Controller to conduct its business activity, including the Online Store and the 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 business management and for providing technical support to the Controller) - the Controller makes the Customer's collected personal data available to the selected provider acting on its behalf only where and to the extent necessary to achieve a given purpose of data processing in accordance 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, a law firm or a debt collection company) – the Controller makes the Customer's collected personal data available to the selected provider acting on its behalf only where and to the extent necessary to achieve a given purpose of data processing in accordance with this privacy policy.
providers of social plug-ins, scripts and other similar tools placed on the Online Store website which enable the browser of a person visiting the Online Store website to download content from the providers of the said plug-ins (e.g. logging in using social networking site login details) and to transfer the visitor's personal data to those providers for that purpose, including:
1. Facebook Ireland Ltd. – the Controller uses Facebook social plug-ins on the Online Store website (e.g. the Like button, the Share button or logging in using Facebook login details) and therefore collects and makes available the personal data of a Service Recipient using the Online Store website to Facebook 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 activity on the Online Store website – including information about the device, websites visited, purchases, advertisements displayed and the manner of using the services – regardless of whether the Service Recipient has a Facebook account and whether he or she is logged in to Facebook).
first-party (created by the Controller's Online Store website) and
belonging to third parties (persons/entities other than the Controller)
session cookies (stored until the user logs out of the Online Store or closes the web browser) and
persistent cookies (stored for a specified period, defined by the parameters of each file, or until they are manually deleted)
strictly necessary (enabling the Online Store website to function properly),
functional/preference (enabling the Online Store website to be adapted to the preferences of the person visiting the website),
analytical and performance (collecting information on how the Online Store website is used),
marketing, advertising and social media (collecting information about the person visiting the Online Store website in order to display personalised advertisements to that person and to carry out other marketing activities, including on websites separate from the Online Store website, such as social networking sites

PROFILING IN THE ONLINE STORE

The GDPR Regulation imposes on the Controller an obligation to provide information on automated decision-making, including profiling, referred to in Article 22(1) and (4) of the GDPR Regulation, and – at least in those cases – meaningful information about the logic involved, 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 concerning possible profiling.

The Controller may use profiling in the Online Store for direct marketing purposes, but the decisions taken by the Controller on the basis of such profiling do not concern the conclusion of, or refusal to conclude, a Sales Agreement, or the possibility of using Electronic Services in the Online Store. The use of profiling in the Online Store may result, for example, in a given person being granted a discount, being sent a discount code, being reminded of an unfinished purchase, being sent a suggestion of a Product which may match that person's interests or preferences, or being offered better terms compared with the standard offer of the Online Store. Despite the profiling, it is the person concerned who freely decides whether he or she wishes to take advantage of the discount or better terms received in this way and make a purchase in the Online Store.

Profiling in the Online Store consists in the automatic analysis or prediction of a given person's behaviour on the Online Store website, e.g. by adding a specific Product to the basket, browsing the page of a specific Product in the Online Store, or by analysing the history of purchases made so far in the Online Store. Such profiling is conditional on the Controller holding the personal data of the person concerned, so that it can subsequently send that person, for example, a discount code.

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

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 his or her 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. The 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 consent given (pursuant to Article 6(1)(a) or Article 9(2)(a) of the GDPR Regulation) has the right to withdraw that consent at any time, without affecting the lawfulness of processing based on 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 under the procedure laid down in the provisions of the GDPR Regulation and of Polish law, in particular the Polish Personal Data Protection Act. The supervisory authority in Poland is the President of the Personal Data Protection Office (Prezes Urzędu Ochrony Danych Osobowych).

Right to object - the data subject has the right to object at any time – on grounds relating to his or her particular situation – to the processing of personal data concerning him or her which is based on Article 6(1)(e) (public interest or tasks) 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 it demonstrates compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or grounds for the establishment, exercise or defence of claims.

Right to object to direct marketing - where 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 him or her 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.

COOKIES IN THE ONLINE STORE AND ANALYTICS

Cookies are small pieces of text information in the form of text files, sent by a server and saved on the device of the person visiting the Online Store website (e.g. on the hard drive of a computer or laptop, or on the memory card of a smartphone – depending on which device the visitor to our Online Store uses). Detailed information on Cookies, as well as the history of their origin, can be found, among other places, here: https://pl.wikipedia.org/wiki/HTTP_cookie.

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

By their provider:

By the period for which they are stored on the device of the person visiting the Online Store website:

By the purpose for which they are used:

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

Purposes for which Cookies are used in the Controller's Online Store	identifying Service Recipients as logged in to the Online Store and showing that they are logged in (strictly necessary Cookies)
	remembering Products added to the basket for the purpose of placing an Order (strictly necessary Cookies)
	remembering data from completed Order Forms and surveys, or login details for the Online Store (strictly necessary and/or functional/preference Cookies)
	adapting the content of the Online Store website to the individual preferences of the Service Recipient (e.g. regarding colours, font size, page layout) and optimising the use of the Online Store pages (functional/preference Cookies)
	keeping anonymous statistics showing how the Online Store website is used (statistical Cookies)

In the most popular web browsers, it is possible to check which Cookies (including the lifetime of the Cookies and their provider) are being sent at a given moment by the Online Store website in the following way:

In Chrome: (1) in the address bar, click the padlock icon on the left, (2) go to the “Cookies” tab.	In Firefox: (1) in the address bar, click the shield icon on the left, (2) go to the “Allowed” or “Blocked” tab, (3) click the “Cross-Site Tracking Cookies”, “Social Media Trackers” or “Tracking Content” field	In Internet Explorer: (1) click the “Tools” menu, (2) go to the “Internet options” tab, (3) go to the “General” tab, (4) go to the “Settings” tab, (5) click the “View files” field
In Opera: (1) in the address bar, click the padlock icon on the left, (2) go to the “Cookies” tab.	in Safari: (1) click the “Preferences” menu, (2) go to the “Privacy” tab, (3) click the “Manage Website Data” field	Regardless of the browser, using tools available, for example, at: https://www.cookiemetrix.com/ or: https://www.cookie-checker.com/

As a rule, most web browsers available on the market accept the saving of Cookies by default. Everyone is able to determine the conditions for the use of Cookies by means of the settings of their own web browser. This means that it is possible, for example, to partially restrict (e.g. temporarily) or completely disable the saving of Cookies – in the latter case, however, this may affect some functionalities of the Online Store (for example, it may prove impossible to complete the Order path via the Order Form because Products in the basket are not remembered during the successive steps of placing the Order).

The web browser settings relating to Cookies are relevant from the point of view of consent to the use of Cookies by our Online Store – in accordance with the law, such consent may also be expressed through the web browser settings. Detailed information on changing Cookie settings and on deleting Cookies yourself in the most popular web browsers is available in the help section of the web browser and on the following pages (simply click the relevant link):

FINAL PROVISIONS

The Online Store may contain links to other websites. The Controller encourages users, after moving to other websites, to read the privacy policy established there. This privacy policy applies only to the Controller's Online Store.