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1. General provisions

  1. This document constitutes an appendix to the Terms and Conditions. When you use our services, you entrust us with your information. This Privacy Policy serves only as an aid to understanding what information and data are collected and what purpose and what we use them for. This data is important to us, therefore we ask you to read this document carefully as it sets out the principles and methods of processing and protection of personal data. This document also defines the terms of use of cookie files.
  2. We hereby declare that we comply with the principles of personal data protection and all legal regulations that are provided for by the Personal Data Protection Act and the 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).
  3. The person whose personal data is being processed has the right to request comprehensive information on how we use the person's personal data. We will always endeavor to clearly inform about the data we collect, how we use it, what purpose it serves and to whom we share it, how we ensure the protection of this data when it is shared to other entities, and we will provide information on institutions to contact in case of doubt.
  4. The Seller applies technical measures such as physical measures of protection of personal data, IT and telecommunication infrastructure hardware measures, protection measures within the framework of software tools and databases, as well as organizational measures to ensure adequate protection of the processed personal data, and in particular to protect personal data against their disclosure to unauthorized third parties, acquisition by an unauthorized person and use for unknown purposes, as well as accidental or intentional change, loss, damage or destruction of such data.
  5. Under the Terms and Conditions and this document, we have exclusive access to the data. Access to personal data may also be entrusted to other entities through which payments are made, which collect, process and store personal data in accordance with their Terms and Conditions and to entities tasked with processing an order. Access to personal data is granted to the aforementioned entities only to the extent necessary to ensure the provision of services.
  6. Personal data is processed only for the purposes for which you have given your consent by checking the appropriate fields in the forms provided on the Website or in any other explicit manner. The legal basis for the processing of your personal data is your consent to the processing of your data or the requirement to provide the service (e.g. ordering a Product) that you have ordered from us pursuant to Article 6(1)(a) and (b) of 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 - GDPR).

 

2. Privacy Policy

  1. We take your privacy seriously. We are characterized by respect for your privacy and as much as possible the fullest and guaranteed convenience of using our services.
  2. We value the trust Users place in us by entrusting us with their personal data to execute their orders. We always use personal data fairly and in a way that does not violate this trust, only to the extent necessary to execute your order including its processing.
  3. The User has the right to be clearly and fully informed about how we use the User's personal data and for what purposes. We are always clear about the data we collect, how and to whom we share it and we provide information about who to contact in case of any concerns, questions, or comments.
  4. In case of any concerns about our use of the User's personal data, we will promptly take action to clarify and resolve such concerns and we will respond fully and comprehensively to all questions in this regard.
  5. We will take all reasonable steps to protect the User's data from improper and uncontrolled use and safeguard it comprehensively.
  6. The administrator of your personal data is FASHION DESIGNERS UNION MONIKA NAGIEL, Tax Identification Number (NIP): 5732591859, address: UL FABRYCZNA 10, WRZOSOWA 42-263, phone number: +48 500 137 006, e-mail: kontakt@fashiondesignersunion.com
  7. The legal basis for the processing of your personal data is Article 6(1)(b) of the GDPR. Provision of data is not mandatory, but necessary to take appropriate actions prior to concluding and executing the Contract. We will share your personal data with other recipients who are entrusted to process personal data on our behalf. Your data will be shared on the basis of Article 6(1)(f) of the GDPR, where the legitimate interest is the due performance of contracts/orders. In addition, we will share your personal data with other business partners. We store the collected personal data in the European Economic Area ("EEA"), but it may also be transferred to and processed in a country outside the EEA. Any transfer of personal data is carried out in accordance with applicable law. If data is transferred outside the EEA, we use standard contractual clauses and the Privacy Shield as safeguards for countries where the European Commission has not found an adequate level of data protection.
  8. Your personal data related to the conclusion and performance of contracts will be processed for the period of their execution, and also for a period no longer than provided by law, including the provisions of the Polish Civil Code and the Accounting Act, i.e. no longer than 10 years, counting from the end of the calendar year in which the last contract was executed.
  9. Your personal data processed for the conclusion and performance of future contracts will be processed until you object.
  10. You are entitled to: access your personal data and to receive a copy of the personal data being processed; rectify your inaccurate data; request the deletion of your data (right to be forgotten) in the circumstances provided for in Article 17 of the GDPR; request the restriction of data processing in the cases indicated in Article 18 of the GDPR; object to data processing in the cases indicated in Article 21 of the GDPR; transfer the provided data processed by automated means.
  11. If you believe that your personal data is being processed unlawfully, you can file a complaint with the supervisory authority (Personal Data Protection Office, 2 Stawki Street, Warsaw). Should you need additional information relating to data protection or wish to exercise your rights, please contact us by post at our mailing address.
  12. We make every effort to protect against unauthorized access, unauthorized modification, disclosure and destruction of data in our possession. In particular:
    1. We control the methods we use to collect, store and process data, including physical security measures, to protect against unauthorized access to the system.
    2. We only grant access to personal data to those employees, contractors and agents who need to have access to it. In addition, they are contractually obliged to maintain strict confidentiality and to allow us to inspect and check how they fulfill their duties and may face consequences if they fail to fulfill these obligations.
  13. We will comply with all applicable data protection laws and regulations and will cooperate with data protection authorities and authorized law enforcement agencies. In the absence of data protection provisions, we will act in accordance with generally accepted data protection principles, rules of social coexistence and established conventions.
  14. The exact method of personal data protection is included in the Personal Data Protection Policy (ODO: security policy, personal data protection regulations, IT system management instructions) For security reasons, due to the procedures described therein, it is available for inspection only by state control bodies.
  15. In case of any questions about how we handle personal data, we encourage contacting us using the page from which the User was directed to this Privacy Policy. The request for contact will be promptly forwarded to the appropriate, designated person.
  16. The User always has the right to notify us if:
    1. the User no longer wishes to receive information or messages from us in any form;
    2. the User wishes to receive a copy of the User's personal data in our possession;
    3. the User wishes to correct, update or delete their personal data in our records;
    4. the User wishes to report breaches, misuse or improper processing of the User's personal data.
  17. To assist us in responding to or addressing the provided information, we ask for your name and further details.

 

     
     

3. Scope and purpose of personal data collection

  1. We process necessary personal data only for the purpose of providing the services and for accounting purposes i.e. for:
    1. placing an order;
    2. contract conclusion, complaints and withdrawal from the contract;
    3. issuing a VAT invoice or other receipt;
    4. monitoring traffic on our websites;
    5. collecting anonymous statistics to determine how users use our website;
    6. determining the number of anonymous users of our websites;
    7. controlling how often a particular content is shown to users and what content is shown most often;
    8. controlling how often users choose a particular service or through which service they most often contact;
    9. analyzing newsletter subscriptions and contact options;
    10. using a system of personalized recommendations for e-commerce;
    11. using tools to communicate both by email and by phone;
    12. social networks integration;
    13. online payments, if applicable.
  2. We collect, process and store the following user data:
    1. first and last name,
    2. home address,
    3. delivery address (if different from home address),
    4. tax identification number (NIP),
    5. electronic mail (e-mail) address,
    6. telephone number (mobile, landline),
    7. information about the web browser in use,
    8. other personal data voluntarily provided to us.
  3. Providing the above data is completely voluntary, but also necessary for the full implementation of services.
  4. Purpose of collecting and processing or using data by us:
    1. direct marketing, archival purposes of advertising campaigns;
    2. meeting the obligations imposed by law through the collection of information on adverse reactions.
  5. We may transfer personal data to servers located outside of the User's country of residence or to affiliated entities, third parties based in other countries including the countries of the EEA (European Economic Area, a free trade area and common market comprising the states of the European Union and the European Free Trade Association - EFTA) for the purpose of processing personal data by such entities on our behalf in accordance with the provisions of this Privacy Policy and applicable data protection laws, conventions and regulations.
  6. We keep your personal data for no longer than it is needed for the proper quality of the service and, depending on the mode and purpose of its collection, we keep it for the duration of the service and after its completion for the following purposes:
    1. fulfillment of obligations under the law, tax, and accounting regulations;
    2. prevention of abuse or crime;
    3. statistics and archiving;
    4. marketing activities – for the duration of the Contract, granting of separate consent for processing the data until the completion of activities related to the transaction processing, your objection to such processing or withdrawal of consent;
    5. sales and promotional activities, e.g. contests, promotional actions – for the duration and settlement of such actions;
    6. operational activities – until the obligations imposed by the GDPR and relevant national regulations are time-barred to demonstrate reliability in the processing of personal data;
    7. assert any claims related to the executed Contract.
  7. Given that many of the countries to which personal data is transferred do not have the same level of legal protection for personal data as the User's country, we undertake to require entities who process personal data outside the User's country to take steps to protect it in a manner that is adequate under their national laws, subject to lawful requests for disclosure. The User's personal data stored in another country may be accessed by, for example, courts, law enforcement and national security authorities in accordance with the laws of that country.

 

TABLE:

Person/data categories

Processing purpose

Legal basis

Data retention

 

BUSINESS ENTITY

 

Natural and legal persons

Contract conclusion and execution

Article 6(1)(b) of the GDPR (performance of a contract)

The data will be processed no longer than 6 months after 6 years from the end of cooperation.

 

Pursuing claims, undertaking debt collection actions

 

 

 

 

 

 

Article 6(1)(f) of the GDPR (legitimate interest - pursuing claims)

 

 

 

Until the dispute is resolved, and in the case of settlement of the obligation (repayment) – for 6 years from the end of the year in which the obligation at issue expired.

 

 

 

 

 

 

 

 

Service activities, verification of needs

 

 

 

 

Article 6(1)(a) and (f) of the GDPR (legitimate interest - analytical and statistical activities - possibly consent)

 

 

If consent is given, until it is withdrawn, restricted, or there is any other action on your part that restricts that consent.

 

 

Customer capability and preference data

 

MARKETING

 

Potential customers, contacts of potential customers

Acquiring customers including business customers, contacting to present an offer

Article 6(1)(f) of the GDPR (legitimate interest - direct marketing)

Until the person raises an effective objection to the processing of personal data concerning the person in question.

 

COMPLAINTS

 

Persons filing complaints about services provided by the Administrator

Receiving and processing complaints from service Users and potential customers

Article 6(1)(c) of the GDPR (legal obligation)
Article 6(1)(b) of the GDPR (performance of a contract)

10 years after receipt of the complaint and, in the case of a dispute, until it is resolved, subject to the applicable statutes of limitations.

 

ONLINE SERVICE

 

Service Users

User Registration

Article 6(1)(b) of the GDPR (performance of a contract)

Until cooperation ends or 2 weeks after registration if registration is not accepted.

 

Users subscribing to the newsletter

Sending notifications about new offers

Article 6(1)(a) of the GDPR (consent)

Until the person withdraws consent or 2 weeks after enrollment if subscription is not accepted.

 

Users posting opinions on the website and comments on the forum

Allowing voicing opinions and adding comments to the forum

Article 6(1)(b) of the GDPR (performance of a contract)

Until cooperation ends.

 

  

4. Cookies Policy

  1. We collect the information contained in cookies automatically to collect User data. A cookie is a small piece of text that is sent to the User's browser and that the browser sends back on subsequent visits to the website. They are primarily used to maintain a session e.g. by generating and returning a temporary ID after signing in. We use "session" cookies stored on the User's device until the User signs out or closes the website or the web browser, and "permanent" cookies stored on the User's device for the time specified in the parameters of cookies or until they are deleted by the User.
  2. Cookies adjust and optimize the website and its offerings for Users' needs by means such as generating page view statistics and ensuring security. Cookies are also necessary to maintain the session after leaving the website.
  3. The Administrator processes the data contained in cookies each time the website is visited by visitors for the following purposes:
    1. optimizing the use of the website;
    2. identifying Service Recipients as currently signed in;
    3. customizing graphic design, selection options and any other content on the website to suit the Service Recipient's individual preferences;
    4. remembering automatically and manually filled in data from order forms or login data provided by the visitor;
    5. collecting and analyzing anonymous statistics about the use of the website in the administration panel, Google Analytics and Facebook Pixel;
    6. creating remarketing lists based on information about Users' preferences, behavior, use of the website and demographic data, and then using these lists in Google Ads, AdWords, AdSense and Facebook Ads;
    7. Google Adsense cookies are used to show you relevant ads. Adsense cookies do not contain personal data;
    8. creating data segments based on demographic information, interests, and preferences in the selection of viewed products/services;
    9. using demographic and interest data in Analytics reports;
    10. due to the need to prevent web robots from performing certain functions on our trading platforms, we use Google's reCAPTCHA mechanism to occasionally check whether user behavior bears the hallmarks of robotic behavior. In such a situation, we may disclose your IP address to Google LLC.
  4. The User can block the collection of cookies and delete them at any time via the web browser.
  5. Blocking the collection of cookies by the User on the User's device may hinder or prevent the use of certain functions of the website, which the User is fully entitled to do, but in such a situation should be aware of the limited functionality.
  6. RECAPTCHA V2

Cookie name

Cookie type

Purpose of storing cookies

Cookie validity period

CONSENT

Permanent

To occasionally investigate whether user behavior bears the hallmarks of robotic behavior.

2 years (since last update)

NID

Permanent

To occasionally investigate whether user behavior bears the hallmarks of robotic behavior.

2 years (since last update)

 

  1. GOOGLE ADWORDS

Cookie name

Cookie type

Purpose of storing cookies

Cookie validity period

PREF

Permanent

It helps personalize ads in its services (e.g. in a search engine) – especially when the User is not signed into the User's Google account.

2 years (since last update)

id

Permanent

Used for advertising purposes outside of Google sites from the doubleclick.net domain.

2 years (since last update)

drt_, FLC, NID

Permanent

.googleads.g.doubleclick.net ad server cookie. It collects information about a user's actions after clicking on a Google Adwords ad and reports back on conversions.

12 hours (since last update)

 

  1. GOOGLE ANALYTICS

Cookie name

Cookie type

Purpose of storing cookies

Cookie validity period

_UTMA

Permanent

Used to distinguish users and sessions. The cookie is updated and each time the data is sent to Google Analytics.

2 years (since last update)

_UTMB

Permanent

It is responsible for storing information about a particular visit.

30 min (since last update)

_UMTC

Session

The _utmc cookie works with _utmb and its job is to determine whether to start tracking a new visit or whether the collected data should be included in the old visit. It only contains information about the unique identifier of the site and expires when the browser window is closed.

Until the end of the session

_UMTZ

Permanent

It contains information about the sources of visits. It allows counting visits from search engines and data from marketing campaigns.

6 months (since last update)

_UMTV

Permanent

It stores the session identifier. It is necessary to store information about being signed in on the website.

2 years (since last update)

 

  1. YOUTUBE

Cookie name

Cookie type

Purpose of storing cookies

Cookie validity period

PREF

Permanent

This cookie is used by Google to store preferences and user information relevant to the operation of Google Maps.

10 years (since last update)

Visitor_info1_Live

Permanent

This cookie is used by Youtube to store user preferences on video content pages.

8 months (since last update)

Use_Hitbox

Permanent

This cookie is used by Youtube to store user preferences on video content pages.

Until the end of the session

 

  1. GOOGLE MAPS

Cookie name

Cookie type

Purpose of storing cookies

Cookie validity period

PREF

Permanent

This cookie is used by Google to store preferences and user information relevant to the operation of Google Maps.

2 years (since last update)

 

  1. FACEBOOK

Cookie name

Cookie type

Purpose of storing cookies

Cookie validity period

datr

Permanent

This cookie is stored when your web browser accesses facebook.com. The file is used to recognize suspicious login attempts, thereby providing greater security to users. For example, it is used to signal failed login attempts or the creation of multiple accounts used to send spam.

2 years (since last update)

 

  1. A user who does not wish to use cookies for the purposes described above may delete them manually at any time. For detailed instructions, the User can visit the website of the manufacturer of the web browser currently in use.
  2. More information about cookies is available in the help menu of each web browser. Examples of web browsers that support cookies:
    1. Cookie settings in Internet Explorer
    2. Cookie settings in Chrome
    3. Cookie settings in Firefox
    4. Cookie settings in Opera
    5. Cookie settings in Safari
    6. Cookies in Android
    7. Cookies in Blackberry
    8. Cookies in iOS (Safari)
    9. Cookies in Windows Phone

 

5. Rights and obligations

  1. We have the right and, in cases provided for by law, the statutory obligation to disclose some or all information about personal data to public authorities or third parties who request such information under applicable Polish law.
  2. The User has the right to access the content of the User's personal data which the User shares. The User may correct and supplement the data at any time, and also has the right to request its deletion from databases and that its processing be discontinued, without giving any reason. To exercise the User's rights, the User may, at any time, send an appropriate message by e-mail or other means that will deliver/convey such a request.
  3. The processing of personal data of individuals who are our customers is based on:
    1. legitimate interests of Fashion Designers Union as the data administrator (e.g. for database development, analytical and profiling activities, including product usage analysis, direct marketing of our products, securing documentation to defend against possible claims or to enforce claims);
    2. consent (including, in particular, consent for e-mail marketing or telemarketing).
    3. performance of the concluded Contract;
    4. obligations under the law (e.g. tax law or accounting regulations).
  4. The processing of personal data of individuals who are potential customers is based on:
    1. the legitimate interest of the data administrator (e.g. for the creation of a database or direct marketing of own products);
    2. consent (including, in particular, consent for e-mail marketing or telemarketing).
  5. A request by the User to delete personal data or to discontinue the processing of personal data by Fashion Designers Union may result in the complete inability to provide services by Fashion Designers Union or in their severe limitation.
  6. We pay particular attention to the issue of profiling and point out that:
    1. for profiling purposes, we generally process data that has previously been subject to SSL encryption;
    2. we use typical data for this – e-mail address and IP address or cookies;
    3. we profile users to analyze or predict their personal preferences and interests when they use our website, products or services and to adjust the content on our website or products to these preferences;
    4. we profile users for marketing purposes, i.e. to adjust our marketing offer to the above preferences.
  7. We undertake to act in accordance with applicable laws and rules of social intercourse.
  8. Information about out-of-court consumer dispute resolution: The entity authorized under the Act on Out-of-court Consumer Dispute Resolution is the Financial Ombudsman, website address: www.rf.gov.pl.

 

6. Basic safety principles

  1. Each user should take care of their own data security and the security of their devices that are used to access the Internet. Such a device should necessarily have an antivirus program with an up-to-date, regularly updated database of definitions and types of viruses, a secure version of the Internet browser in use and a firewall enabled. Users should check that the operating system and the programs installed on it have the latest and compatible updates, as attacks exploit bugs found in installed software.
  2. Access data to services offered on the Internet – e.g. logins, passwords, PINs, electronic certificates, etc. – should be secured in a place inaccessible to others and impossible to hack using the Internet. It should not be disclosed or stored on a device in a form that permits unauthorized access and reading by unauthorized persons.
  3. It is advisable to be cautious when opening suspicious attachments or clicking links in unanticipated emails, e.g. from unknown senders or the spam folder.
  4. It is advisable to activate antiphishing filters in your web browser, i.e. tools that check whether the displayed website is authentic and is not used for phishing purposes, e.g. by impersonating a person or institution.
  5. Files should only be downloaded from trusted places, services and websites. We do not recommend installing software from unverified sources especially from unknown publishers with an unproven reputation. This includes mobile devices such as smartphones and tablets.
  6. When using a home Wi-Fi network, you should set a password that is secure and difficult to crack, and it should not consist of any pattern or string that is easy to guess (e.g. street name, host's name, birthday, etc.). It is also recommended to use the highest possible Wi-Fi encryption standards that are possible to activate on your equipment, e.g. WPA2. 

 

7. Using Social Media Plugins

  1. Our website may contain so-called plugins for social networks: Facebook, Twitter and others. The related services are provided by Facebook Inc. and Twitter Inc. respectively.
  2. Facebook is operated by Facebook Inc., 1 Hacker Way, Menlo Park, CA 94025, USA. To see Facebook plugins go to: https://developers.facebook.com/docs/plugins
  3. Twitter is operated by Twitter Inc., 1355 Market Street, Suite 900, San Francisco, CA 94103, USA. To see Twitter plugins go to: https://dev.twitter.com/web/tweet-button
  4. The plugin only tells its provider which of our sites you accessed and at what time. If you are logged into your Facebook or Twitter account while visiting our website, the provider is able to aggregate your interests, information preferences and other data obtained for example by clicking the Like button or leaving a comment. This information will also be transmitted by the browser directly to the provider.
  5. For more detailed information about Facebook's or Twitter's data collection, use and privacy, please visit the following pages:
    1. Data protection/privacy advice from Facebook: http://www.facebook.com/policy.php
    2. Data protection/privacy advice issued by Twitter: https://twitter.com/privacy
  6. To avoid your account being noted on our website by Facebook or Twitter, you need to log out of your account before browsing our website.

 

Copyright notice


The owner of all material copyrights to the template of this Policy is the LEGATO Law Firm, which has granted to Fashion Designers Union a non-exclusive and non-transferable right to use this document for purposes related to its commercial activity on the Internet and extends legal protection to the aforementioned document for the duration of the contract. Copying and distribution of the template of this document without the consent of the LEGATO Law Firm is prohibited and may be subject to criminal and civil liability. Online sellers can learn more about using the template of the Privacy and Cookies Policy at http://www.kancelaria-legato.pl.