2. The owner of the Online Store and at the same time the data Controller is AMOCARAT Sp. z o.o. with its registered office in Czaniec (43-354), Królewska 1 Street, entered into the register of entrepreneurs of the National Court Register kept by the District Court in Bielsko-Biała, VIII Commercial Division of the National Court Register under KRS number 0000754374,with a share capital of PLN 505,000.00, paid in full, NIP: 9372717816, REGON: 381622700, hereinafter referred to as Amocarat Sp. z o.o. orController.
3. Personal data are collected by Amocarat Sp. z o.o. through the Online Store 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), also referred to as GDPR.
4. Amocarat Sp. z o.o. makes every effort to respect the privacy of Customers visiting the Online Store.
§ 1 Type of data processed, purposes and legal basis
1. Amocarat Sp. z o.o. collects information on natural persons conducting business or professional activity on their ownbehalf, performing a legal transaction directly related to their activity and natural persons representing legal entities or business units, who are not legal entities but the legislation gives them the capacity for legal rights and who carry on business on their behalf, hereinafter collectively referred to as Customers.
2. Customers' personal data are collected in the case of:
a) registering an account in the Online Store, in order to create an individual account and manage this account. Legal basis: necessity to perform the contract for the provision of the Account service (Article 6 (1) (.b GDPR);
b) placing an order in the Online Store in order to fulfill the sales contract. Legal basis: necessity for the performance of the sales contract (Article 6(1)(.b) of the GDPR);
c) subscription to the newsletter (Newsletter), in order to perform the contract, the subject of which is a service provided electronically. Legal basis: consent of the data subject to the performance ofthe contract for the provision of the Newsletter service (Article 6(1)(a) of the GDPR);
3. In the case of registering an account in the Online Store, the Customer is supposed to provide/ send:
(a) e-mail address;
(b) address details:
i. postal code and city;
ii. country (country);
iii. street with house/apartment number;
c) name and surname or, in the case of legal entities, the name and surname of the person acting on behalf of the Client;
(d) phone number;
(e) the company under which it carries out its economic activity;
f) Tax Identification Number and REGON numbers;
(g) registration documents.
4. During the online store account registration the Customer independently sets his or her individual password to the account. The Customer may change the password at a later time, on the terms described in §6.
5. In the case of placing an order in the Online Store, the Customer provides the following data:
(a) e-mail address;
(b) address details:
i. postal code and city;
ii. country (country);
iii. street with house/apartment number;
(c) name and surname (optional);
(d) telephone number.
f ) the company under which it conducts business activity;
(g) Tax Identification Number.
6. In the case of using the Newsletter service, the Customer provides the following data:
(a) e-mail address;
(b) first name.
7. While using the Store Website, additional information may be collected, in particular: the IP address assigned to the Customer's computer or the external IP address of the Internet provider, domain name, browser type, access time, type of operating system.
8. Controller may also collect navigational data from Customers including data about links and hyperlinks and references which Consumers decide to click on or other actions, activities taken in our Online Store. Legal basis: legitimate interest (Article 6(1)(f) of the GDPR), consisting in facilitating the use of services provided electronically and improving the functionality of these services.
9. In order to establish, investigate and execute claims or defend against claims, some personal data provided by the Customer as part of the use of functionalities in the Online Store may be processed, such as: name, surname, data on the use of services, if the claims result from the way in which the Customer uses the services, other data necessary to prove the existence of the claim, including the extent of the damage suffered or to enable the recovery of receivables.Legal basis: legitimate interest (Article 6(1)(f) of the GDPR), consisting in establishing, pursuing and enforsing claims and defending against claims, including in proceedings in courts and other public authorities.
10. All personal data are given to Amocarat Sp. z o.o. voluntarily, in connection with the concluded sales contracts or the provision of services via the Online Store, with the proviso, however, that failure to provide the data specified in the forms in the Registration process makes Registration impossible and setting up a Customer Account and makes impossible the submission and implementation of the Customer's order.
§ 2 To whom are the data made available or entrusted and for how long are they stored?
1. The Customer's personal data are transferred to service providers used by Amocarat Sp. z o.o. when running the Online Store. Service providers to whom personal data are transferred, depending on contractual arrangements and circumstances, are either subject to the instructions of Amocarat Sp. z o.o. as to the purposes and methods of processing these data (processors) or independently determine the purposes and methods of their processing(separate Controllers).
a) Processors. Amocarat Sp. z o.o. uses suppliers who process personal data only at the request of Amocarat Sp. z o.o. These include, m.in, hosting service providers, it systems and support service providers, including e-mail archiving, telecommunications service providers, backup and recovery services and cyber security services, providers providing accounting and legalservices, providing marketing systems, systems for traffic analysis in the Online Store, systems for analyzing the effectiveness of marketing campaigns;
b) Controllers. Amocarat Sp. z o.o. uses suppliers who do not act solely on instructions and determine the purposes and methods of using Customers' personal data themselves. They provide electronic and banking payment services.
2. Location. The service providers are based in Poland and other countries of the European Economic Area (EEA).
3. Customers' personal data are stored:
a) If the basis for the processing of personal data is consent, then the Customer's personal data are processed by Amocarat Sp. z o.o. until the consent is revoked, and after the consent is revoked for a period of time corresponding to the period of limitation of claims that may be raised by Amocarat Sp. z o.o. and that may be raised against it. 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.
b) If the basis for data processing is the performance of the contract, then the Customer's personal data are processed by Amocarat Sp. z o.o. as long as it is necessary for the performance of the contract, and after that time for a period corresponding to the limitation period for claims or Amocarat sp.z.o.o. tax obligations. 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, while the period resulting from tax obligations is 6 years.
4. In the case of making a purchase in the Online Store, personal data may be transferred, depending on the Customer's choice, to the following entities in order to deliver the ordered goods:
(a) a courier company;
b) InPost Paczkomaty Sp. z o.o. with its registered office in Krakow, providing delivery services and operation of the POST Office Box System (Paczkomaty);
c) Poczta Polska S.A. with its registered office in Warsaw.
5. Navigation data may be used to provide Customers with better service, analysis of statistical data and adaptation of the Online Store to the preferences of Customers, as well as administration of the Online Store.
6. In the event that the Customer subscribes to the newsletter to his e-mail address, Amocarat Sp. z o.o. will send electronic messages containing commercial information about promotions and new products available in the Online Store.
7. In the event of a request, Amocarat Sp. z o.o. provides personal data to authorized state authorities, in particular organizational units of the Prosecutor's Office, the Police, the President of the Office for Personal Data Protection, the President of the Office of Competition and Consumer Protection or the President of the Office of Electronic Communications.
§ 3 Cookie mechanism, IP address
1. The Online Store uses small files, called cookies. They are saved by Amocarat Sp. z o.o. on the end device of a person visiting the Online Store, if the web browser allows it. A cookie usually contains the name of the domain from which it originates, its "expiration time" and an individual, randomly selected number identifying this cookie. The information collected by means of files of this type helps to adapt the products offered by Amocarat Sp. z o.o. to the individual preferences and real needs of people visiting the Online Store. They also give the opportunity to develop general statistics of visits to the presented products in the Online Store.
2. Amocarat Sp. z o.o. uses two types of cookies:
a) Session cookies: after the end of the browser session or turning off the computer, the saved information is deleted from the device's memory. The mechanism of session cookies does not allow to download any personal data or any confidential information from customers' computers.
b) Persistent cookies: they are stored in the memory of the Customer's end device and remain there until they are deleted or expire. The mechanism of persistent cookies does not allow to download any personal data or any confidential information from the Customers' computer.
3. Amocarat Sp. z o.o. uses its own cookies in order to:
a) authenticate the Customer in the Online Store and ensure the Customer's session in the Online Store (after logging in), thanks to which the Customer does not have to re-enter the login and password on each subpage of the Online Store;
b) analysis and research as well as audience audit, and in particular to create anonymous statistics that help to understand how Customers use the Store's Website, which allows improving its structure and content.
4. Amocarat Sp. z o.o. uses external cookies in order to:
a) popularization of the Online Store using the social network facebook.com (Controller of external cookies: Facebook Inc with its registered office in the USA or Facebook Ireland with its registered office in Ireland);
b) presenting on the Store's information pages, a map indicating the location of the Amocarat Sp. z o.o. office, using the maps.google.com website (external cookies Controller: Google Inc with its registered office in the USA);
c) collecting general and anonymous static data via Google Analytics analytical tools (third-party cookie Controller: Google Inc with its registered office in the USA);
d) presentation of the Reliable Regulations Certificate via the rzetelnyregulamin.pl website (Controller of external cookies: Rzetelna Grupa sp. z o.o. with its registered office in Warsaw).
5. The cookie mechanism is safe for the computers of the Online Store Customers. In particular, this way it is not possible to get viruses or other unwanted software or malware to the Customers' computers.
However, in their browsers, Customers have the option of limiting or disabling the access of cookies to computers. If you use this option, the use of the Online Store will be possible, except for functions that by their nature require cookies.
Cookie settings in Internet Explorer
Cookie settings in the EDGEbrowser;
Cookie settings in Firefox
Cookie settings in Chrome
Cookie settings in Safari and iOS.
7. Amocarat Sp. z o.o. may collect IP addresses of Customers. The IP address is the number assigned to the computer of the person visiting the Online Store by the Internet service provider. The IP number allows you to access the Internet. In most cases, it is assigned to the computer dynamically, i.e. it changes with each Connection to the Internet and for this reason it is commonly treated as non-impodent identification information. The IP address is used by Amocarat Sp. z o.o. when diagnosing technical problems with the server, creating statistical analyzes (e.g. determining from which regions we record the most visits), as information useful in administering and improving the Online Store, as well as for security purposes and possible identification of undesirable automatic programs for viewing the content of the Online Store that burden the server.
8. The Online Store contains links and references to other websites. Amocarat Sp. z o.o. is not responsible for the privacy protection rules applicable to them.
§ 4 Rights of data subjects
1. Right to withdraw consent - legal basis: Article 7 (3) of the GDPR.
a) The Customer has the right to withdraw any consent given to Amocarat Sp. z o.o.
b) Withdrawal of consent has effect from the moment of withdrawal of consent.
c) Withdrawal of consent does not affect the processing carried out by Amocarat Sp. z o.o. in accordance with the law before its withdrawal.
d) Withdrawal of consent does not entail any negative consequences for the Customer, but may prevent further use of services or functionalities that, in accordance with the law, Amocarat Sp. z o.o. can only provide with consent.
2. Right to object to data processing - legal basis: Art. 21 GDPR.
a) The Customer has the right to object at any time - for reasons related to his particular situation - to the processing of his personal data, including profiling, if Amocarat Sp. z o.o. processes his data based on a legitimate interest, e.g. marketing of products and services of Amocarat Sp. z o.o., keeping statistics on the use of individual functionalities of the Online Store and facilitating the use of the Online Store, as well as a satisfaction survey.
b) Resignation in the form of an e-mail from receiving marketing communications regarding products or services will mean the Customer's objection to the processing of his personal data, including profiling for these purposes.
c) If the Customer's objection turns out to be justified and Amocarat Sp. z o.o. has no other legal basis for the processing of personal data, the Customer's personal data will be deleted, to the processing of which the Customer has objected.
3. Right to erasure ("right to be forgotten") - legal basis: Art. 17 GDPR.
a) The customer has the right to request the deletion of all or some of the personal data.
b) The Customer has the right to request the deletion of personal data if:
a. the personal data are no longer necessary for the purposes for which they were collected or processed;
b. withdrew a specific consent, to the extent that personal data were processed on the basis of his consent;
c. objected to the use of his data for marketing purposes;
d. personal data are processed unlawfully;
e. personal data must be deleted in order to comply with a legal obligation provided for in Union law or the law of a Member State to which Amocarat Sp. z o.o. is subject;
f. the personal data have been collected in connection with the provision of information society services.
c) Despite the request to delete personal data, in connection with the objection or withdrawal of consent, Amocarat Sp. z o.o. may retain certain personal data to the extent that the processing is necessary to establish, exercise or defend claims, as well as to comply with a legal obligation requiring processing under Union law or the law of the Member State to which Amocarat Sp. z o.o. is subject. This applies in particular to personal data including:
name, surname, e-mail address, which data are stored for the purpose of considering complaints and claims related to the use of the services of Amocarat Sp. z o.o. or additionally the address of residence / correspondence address, order number, NIP number,business name, which data are stored for the purpose of considering complaints and claims related to concluded sales contracts or the provision of services.
4. Right to restriction of data processing – legal basis: Art. 18 GDPR.
a) The customer has the right to request the restriction of the processing of his personal data. Submitting a request, until it is considered, prevents the use of specific functionalities or services, the use of which will involve the processing of data covered by the request. Amocarat Sp. z o.o. will also not send any messages, including marketing ones.
b) The customer has the right to request the restriction of the use of personal data in the following cases:
a. when he questions the correctness of his personal data – then Amocarat Sp. z o.o. limits their use for the time needed to check the correctness of the data, but not longer than for 7 days;
b. when the processing of data is unlawful, and instead of deleting the data, the Customer requests the restriction of their use;
c. when personal data are no longer necessary for the purposes for which they were collected or used, but they are needed by the Customer to establish, pursue or defend claims;
d. when he has objected to the use of his data – then the limitation takes place for the time necessary to consider whether – due to a special situation – the protection of the interests, rights and freedoms of the Customer outweighs the interests pursued by the Controller when processing the Customer's personal data.
5. Right of access to data - legal basis: Art. 15 GDPR.
a) The Customer has the right to obtain confirmation from the Controller whether he processes personal data, and if this is the case, the Customer has the right to:
a. access your personal data;
b. obtain information about the purposes of processing, categories of personal data processed, recipients or categories of recipients of this data, the planned period of storage of the Customer's data or the criteria for determining this period (when it is not possible to determine the planned period of data processing), about the rights of the Customer under the GDPR and about the right to lodge a complaint with the supervisory authority, about the source of this data, automated decision-making, including profiling, and the safeguards applied in connection with the transfer of this data outside the European Union;
c. obtain a copy of your personal data.
6. Right to rectification of data - legal basis: Art. 16 GDPR.
7. Right to data portability - legal basis: Art. 20 GDPR.
a) The Customer has the right to receive his personal data that he has provided to the Controller, and then send them to another, chosen by him, personal data Controller. The Customer also has the right to request that personal data be sent by the Controller directly to such Controller, if it is technically possible. In this case, the Controller will send the Customer's personal data in the form of a file in csv format, which is a commonly used, machine-readable format and allowing the received data to be sent to another personal data Controller.
8. In the event that the Customer withdraws the right resulting from the above rights, Amocarat Sp. z o.o. meets the request or refuses to comply with it immediately, but no later than within a month after its receipt. However, if - due to the complicated nature of the request or the number of requests - Amocarat Sp. z o.o. will not be able to meet the request within a month, it will fulfill it within the next two months, informing the Customer in advance within one month of receiving the request - about the intended extension of the deadline and its reasons.
9. The Customer may submit complaints, inquiries and requests to the Controller regarding the processing of his personal data and the exercise of his rights.
11. The Customer has the right to lodge a complaint with the President of the Office for Personal Data Protection,Stawki 2, 00-193 Warsaw, regarding the violation of his rights to the protection of personal data or other rights granted under the GDPR.
§ 5 Services tailored to preferences and interests (profiling)
1. Profiling means any form of automated processing of personal data which consists in the use of personal data to evaluate certain personal factors of a natural person, in particular to analyse or forecast aspects relating to the performance of that natural person's work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movement.
2. Customers' personal data may be processed in an automated manner (profiling), however, this will not have any legal effects on them or similarly significantly affect the situation of Customers.
3. Profiling of personal data by Amocarat Sp. z o.o. consists in processing Customers' data in an automated and manual manner, by using them to evaluate certain information about the Customer, in particular to analyze or forecast his personal preferences and interests.
4. In order to reach the Customer with marketing messages via the Online Store Website, Amocarat Sp. z o.o. uses the services of external suppliers. These services consist in displaying marketing messages on the Online Store Websites. For this purpose, external suppliers install, for example, an appropriate code or pixel to download information about the Customer's activity on the Online Store Website. Details of the cookies used can be found in §3. Legal basis: legitimate interest (Article 6 (1) (f) of the GDPR), consisting in matching marketing messages to preferences and interests.
§ 6 Security management - password
1. Amocarat Sp. z o.o. provides Customers with a secure and encrypted connection when transferring personal data and when logging in to the Customer Account on the Website. Amocarat Sp. z o.o. uses an SSL certificate issued by one of the world's leading companies in the field of security and encryption of data sent over the Internet.
2. In the event that the Customer who has an account in the Online Store has lost the access password in any way, the Online Store allows you to generate a new password. Amocarat Sp. z o.o. does not send a password reminder. The password is stored in encrypted form, in a way that makes it impossible to read. In order to generate a new password, you must provide an e-mail address in the form available under the link "Forgot your password", provided next to the account login form in the Online Store. The Customer will receive an e-mail message to the e-mail address provided during registration or saved in the last change of the account profile containing a redirection to a dedicated form available on the Store's Website, where the Customer will have the opportunity to set a new password.
3. Amocarat Sp. z o.o. never sends any correspondence, including electronic correspondence with a request to provide login details, in particular the access password to the Customer's account.
3. Date of last modification: 31.08.2021