Privacy Policy

PRIVACY POLICY OF THE ONLINE STORE WWW.MALUA.PL

§1

GENERAL PROVISIONS

  1. The controller of personal data collected via the online store www.malua.pl is DOUBLE M SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ entered into the Register of Entrepreneurs by the District Court in Gliwice, 10th Commercial Division of the National Court Register under the KRS number: 0001009002, registered office: ul. Tadeusza Kościuszki 38/4, 44-100 Gliwice, place of business and address for correspondence: ul. Kościuszki 38/4, 44-100 Gliwice NIP: 6312709651, REGON: 523961476, e-mail address: malgosia@malua.pl, telephone number: +48 506 855 877, hereinafter referred to as the "Controller" and being at the same time the "Service Provider".
  2. Personal data collected by the Administrator via the website are processed in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), hereinafter referred to as GDPR.
  3. Any words or expressions written in the content of this Privacy Policy with a capital letter should be understood in accordance with their definition contained in the Regulations of the Online Store www.malua.pl

§2

TYPE OF PERSONAL DATA PROCESSED, PURPOSE AND SCOPE OF DATA COLLECTION

  1. PURPOSE OF PROCESSING AND LEGAL BASIS. The Administrator processes the personal data of Service Recipients of the www.malua.pl Store in the case of:
    1.1. registering an Account in the Store in order to create an individual account and manage this Account based on art. 6 sec. 1 letter b) of the GDPR (performance of the agreement on the provision of services by electronic means in accordance with the Store Regulations),
    1.2. placing an Order in the Store in order to perform the Sales Agreement based on art. 6 sec. 1 letter b) of the GDPR (performance of the sales agreement),
    1.3. subscribing to the Newsletter in order to send commercial information electronically. Personal data are processed after expressing separate consent, on the basis of art. 6 sec. 1 letter a) of the GDPR,
    1.4. using the Opinion System in order to enable the Customer to express their opinion on the Product purchased in the Store and the Sales Agreement concluded with the Seller on the basis of art. 6 sec. 1 letter f) GDPR (legitimate interest of the entrepreneur),
    1.5. using the Contact Form to send a message to the Administrator based on art. 6 sec. 1 letter f) GDPR (legitimate interest of the entrepreneur).
    1.6 receiving marketing content using Klaviyo is based on your consent (art. 6 sec. 1 letter a GDPR), which you can withdraw at any time.
  2. TYPE OF PERSONAL DATA PROCESSED. The Service Recipient provides in the case of:
    2.1. Accounts: e-mail address,
    2.2. Orders: first name and last name, address, Tax Identification Number, e-mail address, telephone number, 2.3. Newsletter: first name and last name, e-mail address,
    2.4. Opinion System: first name and last name, e-mail address,
    2.5. Contact Form: first name and last name, e-mail address, telephone number. 2.6. Klaviyo marketing content: e-mail, first name, last name.
  3. PERSONAL DATA ARCHIVING PERIOD. The personal data of Service Recipients are stored by the Administrator:
    3.1. in the event that the basis for data processing is the performance of the contract, for as long as it is necessary to perform the contract, and after that time for a period corresponding to the limitation period for claims. Unless a special provision provides otherwise, the limitation period is six years, and for claims for periodic benefits and claims related to running a business - three years,
    3.2. in the event that the basis for data processing is consent, as long as the consent is not withdrawn, and after the consent is withdrawn for a period corresponding to the limitation period for claims that may be raised by the Administrator and which may be raised against him.

    If the provision Unless otherwise provided for in special regulations, the limitation period is six years, and for claims for periodic benefits and claims related to running a business – three years.
  4. When using the Store, additional information may be collected, in particular: the IP address assigned to the Service Recipient's computer or the external IP address of the Internet provider, domain name, browser type, access time, operating system type.
  5. After expressing separate consent under art. 6 sec. 1 letter a) of the GDPR, data may also be processed for the purpose of sending commercial information by electronic means or making telephone calls for direct marketing purposes – respectively in connection with art. 10 sec. 2 of the Act of 18 July 2002 on the provision of services by electronic means or art. 172 sec. 1 of the Act of 16 July 2004 – Telecommunications Law, including those directed as a result of profiling, provided that the Service Recipient has expressed appropriate consent.
  6. Navigation data may also be collected from Service Recipients, including information about links and references they decide to click on or other actions taken in the Store. The legal basis for such actions is the legitimate interest of the Administrator (Article 6, paragraph 1, letter f of the GDPR) consisting in facilitating the use of services provided electronically and improving the functionality of these services.
  7. Providing personal data by the Service Recipient is voluntary.
  8. The Administrator exercises special care to protect the interests of data subjects and in particular ensures that the data collected by him/her is:
    8.1. processed in accordance with the law,
    8.2. collected for specified, lawful purposes and not subject to further processing incompatible with these purposes,
    8.3. substantively correct and adequate in relation to the purposes for which they are processed and stored in a form enabling identification of data subjects, no longer than is necessary to achieve the purpose of processing.

§3

SHARING PERSONAL DATA

  1. The personal data of Service Users are transferred to service providers used by the Administrator to run the Store, in particular to:
    1.1 entities delivering Products, 1.2 payment system providers,
    1.3 opinion survey system providers, 1.4 accounting office,
    1.5 hosting provider,
    1.6 software provider enabling business operations,
    1.7 entities providing the mailing system,
    1.8 software provider needed to run an online store.
  2. Service providers (referred to in point 1 of this paragraph) to whom personal data are transferred – depending on contractual arrangements and circumstances – are either subject to the Administrator's instructions as to the purposes and methods of processing such data (processors) or independently determine the purposes and methods of their processing (controllers).
  3. The personal data of Service Users are stored exclusively within the European Economic Area (EEA), subject to § 5 point 5 and § 6 of the Privacy Policy.

§4

RIGHT TO CONTROL, ACCESS AND CORRECT YOUR OWN DATA

  1. The data subject has the right to access the content of their personal data and the right to rectify, delete, limit processing, the right to transfer data, the right to object, the right to withdraw consent at any time without affecting the lawfulness of processing based on consent before its withdrawal.
  2. Legal basis for the Service Recipient's request:
    2.1. access to data - Art. 15 GDPR,
    2.2. rectification of data - Art. 16 GDPR,
    2.3. deletion of data (the so-called right to be forgotten) - Art. 17 GDPR, 2.4. restriction of processing - Art. 18 GDPR,
    2.5. data transfer – art. 20 of the GDPR, 2.6. objection – art. 21 of the GDPR,
    2.7. withdrawal of consent – art. 7 sec. 3 of the GDPR.
  3. In order to exercise the rights referred to in point 2, an appropriate e-mail message may be sent to the following address: malgosia@malua.pl
  4. In the event that the Service Recipient exercises the right resulting from the above rights, the Administrator shall comply with the request or refuse to comply with it immediately, but no later than within one month of its receipt. However, if – due to the complex nature of the request or the number of requests – the Administrator is unable to comply with the request within a month, it shall comply with it within the next two months, informing the Service Recipient in advance within one month of receiving the request – of the intended extension of the deadline and the reasons for it.
  5. In the event that it is found that the processing of personal data violates the provisions of the GDPR, the data subject has the right to lodge a complaint with the President of the Personal Data Protection Office.

§5

COOKIES

  1. The Administrator's website uses "cookies".
  2. The installation of "cookies" is necessary for the proper provision of services on the Store's website. "Cookies" files contain information necessary for the proper functioning of the website, and they also provide the ability to develop general statistics of website visits.
  3. Two types of "cookies" are used within the website: "session" and "permanent".
    3.1. "Session" cookies are temporary files that are stored on the Service Recipient's end device until logging out (leaving the website),
    3.2. "Permanent" "cookies" are stored on the Service Recipient's end device for the time specified in the "cookies" file parameters or until they are deleted by the Service Recipient.
  4. The Administrator uses its own cookies in order to better understand how Service Recipients interact with the content of the website. The files collect information on how the Service Recipient uses the website, the type of the page from which the Service User was redirected and the number of visits and the time of the Service User's visit to the website. This information does not record specific personal data of the Service User, but is used to develop statistics on the use of the website.
  5. The Administrator also uses external cookies to collect general and anonymous static data via Google Analytics analytical tools (external cookie administrator: Google LLC. based in the USA).
  6. Cookies may also be used by advertising networks (in particular the Google network) to display advertisements tailored to the way in which the Service User uses the Store. For this purpose, they may save information about the Service User's navigation path or the time spent on a given page.
  7. The Service User has the right to decide on the access of "cookies" to their computer by:
    7.1. selecting the types of cookies to the collection of which they agree immediately after entering the Store's website and the message regarding cookies appears,
    7.2. changing the settings in their browser window. Detailed information about the possibilities and ways of handling "cookies" are also available in the software (internet browser) settings.

§6

ADDITIONAL SERVICES RELATED TO USER ACTIVITY IN THE STORE

  1. The Store uses so-called social plugins ("plugins") of social networking sites. When displaying the website www.malua.pl, containing such a plugin, the Service Recipient's browser will establish a direct connection with the Instagram, Google and YouTube servers.
  2. The content of the plugin is transferred by the given service provider directly to the Service Recipient's browser and integrated with the site. Thanks to this integration, service providers receive information that the Service Recipient's browser has displayed the www.malua.pl site, even if the Service Recipient does not have a profile with the given service provider or is not currently logged in to it. Such information (along with the Service Recipient's IP address) is sent by the browser directly to the server of the given service provider (some servers are located in the USA) and stored there.
  3. If the Service Recipient logs in to one of the above social networking sites, the service provider will be able to directly assign visit to the website www.malua.pl to the Service Recipient's profile on a given social networking site.
  4. If the Service Recipient uses a given plug-in, e.g. by clicking the "Like" button or the "Share" button, the appropriate information will also be sent directly to the server of the given service provider and stored there.
  5. The purpose and scope of data collection and their further processing and use by service providers, as well as the possibility of contact and the Service Recipient's rights in this respect and the possibility of making settings to protect the Service Recipient's privacy are described in the privacy policy of the service providers:
    5.1.https://help.instagram.com/519522125107875?helpref=page_content
    5.2. https://policies.google.com/privacy?hl=pl&gl=ZZ.
  6. If the Service Recipient does not want social networking sites to assign data collected during visits to the www.malua.pl website directly to their profile on a given website, they must log out of that website before visiting the www.malua.pl website. The Service Recipient may also completely prevent plugins from loading on the website by using appropriate browser extensions, e.g. blocking scripts using "NoScript".
  7. The Administrator uses remarketing tools on its website, i.e. Google Ads. Their use involves the use of Google LLC cookies regarding the Google Ads service. As part of the mechanism for managing cookie settings, the Service Recipient has the option to decide whether the Service Provider will be able to use Google Ads (external cookie administrator: Google LLC. based in the USA) in relation to them.
  8. The Administrator uses the Klaviyo tool, provided by Klaviyo Inc., based in the USA, to analyze the behavior of Service Recipients and personalize marketing content, such as personalized emails. As part of this process, personal data such as email address, first name, last name and information about your activity on our website are collected. In connection with the use of Klaviyo, your personal data may be transferred to the USA. Klaviyo Inc. is certified in accordance with the "Data Privacy Framework" (DPF), which ensures an adequate level of protection of personal data in accordance with the requirements of the GDPR.

§7

FINAL PROVISIONS

  1. The Administrator applies technical and organizational measures to ensure the protection of processed personal data appropriate to the threats and categories of data subject to protection, and in particular protects data against unauthorized access, removal by an unauthorized person, processing in violation of applicable regulations and change, loss, damage or destruction.
  2. The Administrator provides appropriate technical measures to prevent unauthorized persons from obtaining and modifying personal data sent electronically.
  3. In matters not regulated by this Privacy Policy, the provisions of the GDPR and other relevant provisions of Polish law shall apply accordingly.

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