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Privacy Policy

Fulfilling the information obligation imposed by Article 13. of the Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 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), the Data Controller hereby informs that:

  1. This Privacy Policy (hereinafter referred to as "Politics") is aimed at people using an online store available on the domain https://porcelann.com/ (hereinafter referred to as "Online store".) and specifies the type, scope, uses and security of personal data. The Policy is for informational purposes and is an integral part of the Regulations of the Online Store. Any capitalized terms used in the Policy have the same meaning as assigned to them in the Regulations of the Online Store, unless otherwise stated in this Policy.
  2. The administrator of the personal data obtained from persons using the Online Store is the Seller, i.e. Mr. Paweł Balawender conducting a sole proprietorship under the business name Amper Technic Paweł Balawender at the address: ul. Pachońskiego 5c/53, 31-223 Kraków, in accordance with the entry in the Central Register and Information on Business Activity of the Republic of Poland supervised by the Minister of Development and Technology, NIP: 8652530478, REGON 181153789, email: kontakt@porcelann.pl, contact phone +48 504 267 195, every day on Working Days from 10:00 a.m. to 5:00 p.m. (call charge according to the tariff of the operator, the services of which are used by the User, (hereinafter also referred to as the "Administrator").
  3. A user making an Order in the Online Store without registering an Account, and/or registering an Account, and/or contacting the Seller (by e-mail, telephone or through the contact form available in the Online Store under the tab CONTACT), and/or using other services provided by the Seller electronically available at the Online Store, described in detail in Chapter III of the Rules and Regulations of the Online Store - provides the Administrator with his/her personal data (name, surname, e-mail address, telephone number, delivery address, possibly company name, business address, VAT ID, IP address of the computer used by the User while using the Online Store).
  4. Purposes and activities of personal data processing:
    • placing an Order without registering an Account - Providing the data is voluntary, but necessary for the execution of the Sales Agreement and delivery of the Order to the address indicated by the Ordering Party. The data provided during the placing of the Order is used for the purpose of execution of the Contract of Sale concluded with the User, while the legal basis for their processing is from Article 6(1)(b) of the Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of individuals 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 "Regulation"). "RODO Regulation."). The data will be processed by the Administrator for the period necessary for the execution of the Sales Agreement, however, the Administrator will continue to store the User's data for the purpose of defense against possible claims related to a possible withdrawal from the Sales Agreement, consideration of complaints, for tax settlement purposes, which is the Administrator's legitimate interest referred to in Article 6(1)(f) of the RODO Regulation;
    • account registration - In order not to provide personal data for subsequent purchases, the user may register an Account. Providing data is voluntary, but necessary for the purpose of registering an Account. The data provided during the registration (name and surname, email address) are used in order to run the Account and to execute the Sales Agreements concluded by the Ordering Party by the Seller, while the legal basis for their processing is the consent given by the User during the registration of the Account (according to Article 6(1)(a) of the RODO Regulation). The data will be processed by the Seller for the duration of the Account, unless earlier the User of the Online Store resigns from having an Account. However, resignation from the Account does not lead to deletion of data from the database. The Administrator will continue to store the User's data for the purpose of defending against possible claims related to the maintenance of the Account, in particular for the purpose of proving the User's consent to registration, which constitutes the Administrator's legitimate interest referred to in Article 6(1)(f) of the RODO Regulation;
    • Contact of the Online Store user with the Administrator - When contacting by e-mail, telephone, or through the contact form available in the Online Store, the User provides the Administrator with his e-mail address as the address of the sender of the message, possibly his name and surname, contact telephone number. Providing the data is voluntary, but necessary for the Administrator to contact the User of the Online Store. In this case, the User's data is processed for the purpose of contact on the basis of activities requested and initiated by the User, and the legal basis for processing is Article 6(1)(b) of the RODO Regulation. The legal basis for the processing of data after contact is terminated is the legitimate purpose of archiving the correspondence for future demonstration (Article 6(1)(f) of the RODO Regulation). The content of the correspondence may be subject to archiving, the Administrator is not able to clearly determine when the correspondence will be deleted. A User of the Online Store has the right to request the history of the correspondence he or she has had with the Administrator (if it was subject to archiving), as well as to request its deletion, unless archiving is justified due to an overriding interest of the Administrator, such as defense against potential claims by the User of the Online Store;
    • use of the Account Password reminder service - The provision of data is voluntary, but necessary for the performance of the contract for electronic provision by the Seller. The data provided by the User is used to remind the User of the Account Password by e-mail, and the legal basis for its processing is the performance of the agreement concluded with the User, in accordance with Article 6(1)(b) of the RODO Regulation. The data will be processed by the Administrator for the period necessary for the performance of the contract for the provision of electronic services. After the execution of the agreement, the Administrator will continue to store the User's data for the purpose of defending against possible claims regarding the services provided by the Seller electronically, processing complaints, which constitutes the Administrator's legitimate interest referred to in Article 6(1)(f) of the RODO Regulation;
    • using the service of adding an opinion about the Product - When sending an opinion about the Product for the Seller's approval, the user provides his name or nickname. Providing the data is voluntary, but necessary for the purpose of execution of the contract for electronic provision by the Seller, including verification of the person giving an opinion about the Product whether he or she was a customer of the Seller. The data provided by the User is used for the purpose of posting on the Product Page a subjective opinion about the Product expressed by the User, together with a rating on a five-star rating scale, and the legal basis for their processing is the performance of the agreement concluded with the User, in accordance with Article 6(1)(b) of the RODO Regulation. Neither the name nor the pseudonym of the User is disclosed on the Product Page under the review. The data will be processed by the Personal Data Administrator for the period necessary for the performance of the contract for the provision of electronic services, for the period of posting the opinion on the Product Site. After the execution of the contract, the Personal Data Administrator will continue to store the User's data for the purpose of defending against possible claims regarding the services provided by the Seller electronically, handling complaints, which is the legitimate interest of the Personal Data Administrator referred to in Article 6(1)(f) of the RODO Regulation.
  5. The Administrator may also use the personal data of the Online Store User in order for others to carry out their obligations as a personal data controller, e.g. to assert claims arising from Sales Agreements concluded through the Online Store, to issue an invoice or other accounting document, to make tax settlements, based on Article 6(1)(f) and Article 9(2)(h) of the RODO Regulation - for the periods of limitation of claims, as defined by law.
  6. The Administrator informs that the User of the Online Store has, at any time, the right of data portability, the right of access to the content of personal data and the possibility of correcting, rectifying, objecting to data processing, and the consent granted for data processing may be withdrawn by the user at any time. Withdrawal of consent does not affect the lawfulness of processing carried out on the basis of consent before its withdrawal. The Administrator may refuse to delete the user's personal data if there are grounds under the law. The user also has the right to lodge a complaint about the processing of personal data to the President of the Office for Personal Data Protection. The rules related to the exercise of the indicated rights are described in detail in Article 15 - 21 of the RODO Regulation, the rights of the User of the Online Store indicated in this section are not absolute and will not be available to the User in relation to all processing of his/her personal data. Data of Users and Orderers will not be subject to automated decision-making, including profiling. Data will not be transferred outside the European Economic Area.
  7. The rules related to the exercise of the indicated rights of the User are described in detail in Articles 15 - 21 of the RODO Regulation:
    • The right to delete data - the so-called "right to be forgotten" (Article 17 of the RODO Regulation):

You have the right to request the deletion of all or some of your personal data if:
(a) personal data are no longer necessary for the purposes for which they were collected or for which they were processed,           
(b) personal data is processed unlawfully,          
(c) personal data must be deleted in order to comply with a legal obligation under European Union law or the law of a Member State to which the Administrator is subject,          
(d) the personal data was collected in connection with the offering of information society services. Despite the request for deletion of personal data, in connection with the filing of an objection, the Administrator may retain certain personal data to the extent that the processing is necessary to establish, assert or defend claims, as well as to comply with a legal obligation requiring processing under the law. This applies in particular to personal data including: name, surname, e-mail address, which data are retained for the purpose of investigating complaints and claims related to the use of the services of the Personal Data Controller.

  • The right to restrict data processing (Article 18 of the RODO Regulation):
    The user has the right to request restriction of the processing of his/her personal data. Submitting a request, until it is processed, prevents the use of certain functionalities or services, the use of which will involve the processing of data covered by the request. The user has the right to request restriction of the use of personal data in the following cases:  
    a) when he or she questions the accuracy of his or her personal data, in which case the Administrator restricts its use for the time needed to verify the accuracy of the data, but no longer than for 7 days,
  1. (b) when the processing is unlawful, and instead of deleting the data, the user requests a restriction on its use,
    (c) when the personal data is no longer necessary for the purposes for which it was collected or used but is needed by the user to establish, assert or defend claims,
    d) when he or she has objected to the use of his or her data, in which case the restriction shall be for the time necessary to consider whether, due to the particular situation, the protection of the User's interests, rights and freedoms outweighs the interests pursued by the Administrator in processing the User's personal data.
  • right of access to data (Article 15 of the RODO Regulation):
    You have the right to obtain confirmation from the Administrator as to whether it is processing personal data, and if it is, you have the right:      
    (a) gain access to your personal data,
  1. b) obtain information about the purposes of processing, the categories of personal data processed, the recipients or categories of recipients of such data, the planned period of storage of the User's data or the criteria for determining this period (when it is not possible to determine the planned period of data processing), the User's rights under the RODO Regulation and the right to lodge a complaint with a supervisory authority, the source of such data, automated decision-making, including profiling, and the safeguards applied in connection with the transfer of such data outside the European Union;
    (c) obtain a copy of your personal data.
  • right to rectification (Article 16 of the RODO Regulation):
    The User has the right to request the Administrator to promptly rectify personal data concerning him/her that is incorrect. Taking into account the purposes of processing, the User to whom the data pertains has the right to request the completion of incomplete personal data, including by providing an additional statement, by addressing a request to the Administrator.              
  1. The Administrator hereby also informs that he never transfers, sells or lends the collected personal data of Users and Orderers to third parties other than those indicated in the regulations of the Online Store (e.g. companies handling electronic payments, companies delivering Orders, bank handling payments made by Orderers) or in this Policy, except with the express consent or at the request of the User, or at the request of state authorities authorized by law in connection with ongoing proceedings (e.g. courts, law enforcement agencies, Trade Inspection).
  2. The Administrator processes personal data provided by the User of the Online Store in a manner consistent with the scope of the permission granted by the User and the requirements of the law, including the provisions of the RODO Regulation, in particular, protects the Users' personal data from being made available to unauthorized persons, loss, or damage, also guaranteeing the confidentiality of any personal data provided to it.
  3. The Online Store also contains links to other websites not administered by the Personal Data Administrator (e.g. Facebook, Instagram, Google+, Pinterest) so the Administrator cannot be held responsible, either for the content of those sites or for the degree of privacy protection implemented by the administrators of those sites. The Administrator also informs that this Policy applies only to the Online Store, and that when switching to other sites, it is recommended that the User reads the privacy policy appropriate to the site in question before providing personal information there. When deciding to go to such sites and visit them, the User does so at his/her own risk.
  4. The Administrator is entitled to make changes to this Policy for important reasons (e.g. change in the law, change in the rules of operation of the Online Store). If changes are made, the User will be notified at least 14 days in advance of the effective date of the changes - the relevant information about the changes to the Policy will be posted in the Online Store, and the User with an account - will also receive information about the change in the Policy by email. If you do not accept the amended Policy, you have the right to terminate the Policy and thus refuse to further leave your personal data.
  5. The User is requested to immediately notify the Administrator of any violations of security rules found by him/her related to the use of the Online Store. In case of any questions, remarks and requests or suggestions regarding this Policy, requesting information about the User - the User is asked to contact the Administrator via e-mail kontakt@porcelann.pl or by phone: +48 504 267 195.

Krakow, June 7, 2022