1. GENERAL PROVISIONS
1.1. This Online Store Privacy Policy is for informational purposes only, which means that it does not impose any obligations on the Online Store’s Service Users or Customers. The Privacy Policy primarily sets forth the rules governing the processing of personal data by the Controller in the Online Store, including the legal basis, purposes, and duration of personal data processing, as well as the rights of data subjects, and information regarding the use of cookies and analytical tools in the Online Store.
1.2. The controller of personal data collected through the Online Store is 1240.DESIGN SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, with its registered office in Warsaw (registered office address: Al. Wyścigowa 14a/204, 02-681 Warsaw, and address for service: ul. Kolneńska 4, 02-242 Warsaw); entered in the Register of Entrepreneurs of the National Court Register under KRS number 0000937609; the registry court where the company’s records are kept: District Court for the Capital City of Warsaw in Warsaw, 13th Commercial Division of the National Court Register; share capital: PLN 5,000; Tax ID (NIP): 5213948702; REGON: 520643860; email address: b2b@1240.design – hereinafter referred to as the “Administrator” and acting simultaneously as the Online Store Service Provider and Seller.
1.3. Personal data in the Online Store is processed by the Administrator in accordance with applicable laws, in particular in accordance with Regulation (EU) 2016/679 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)—hereinafter referred to as “GDPR” or “the GDPR Regulation.” Official text of the GDPR: http://eur-lex.europa.eu/legal-content/PL/TXT/?uri=CELEX%3A32016R0679
1.4. Use of the Online Store, including making purchases, is voluntary. Similarly, the provision of personal data by the Service Recipient or Customer using the Online Store is voluntary, subject to two exceptions: (1) Entering into contracts with the Controller – failure to provide, in the cases and to the extent specified on the Online Store’s website, in the Online Store Terms and Conditions, and in this Privacy Policy, the personal data necessary to enter into and perform a Sales Contract or a contract for the provision of Electronic Services with the Controller results in the inability to enter into such a contract. In such cases, providing personal data is a contractual requirement, and if the data subject wishes to enter into a given contract with the Controller, they are obligated to provide the required data. The scope of data required to enter into a contract is always specified in advance on the Online Store’s website and in the Online Store Terms and Conditions; (2) the Controller’s statutory obligations – providing personal data is a statutory requirement arising from generally applicable laws imposing an obligation on the Controller to process personal data (e.g., processing data for the purpose of maintaining tax or accounting records), and failure to provide such data will prevent the Controller from fulfilling these obligations.
1.5. The Administrator exercises due diligence to protect the interests of the data subjects whose personal data it processes, and in particular is responsible for and ensures that the data it collects is: (1) processed lawfully; (2) collected for specified, legitimate purposes and not further processed in a manner incompatible with those purposes; (3) factually accurate and relevant to the purposes for which they are processed; (4) stored in a form that allows for the identification of the data subjects for no longer than is necessary to achieve the purpose of processing; and (5) processed in a manner that ensures appropriate security of personal data, including protection against unauthorized or unlawful processing and against accidental loss, destruction, or damage, using appropriate technical or organizational measures.
1.6. Taking into account the nature, scope, context, and purposes of the processing, as well as the risk of varying likelihood and severity of harm to the rights and freedoms of natural persons, the Controller implements appropriate technical and organizational measures to ensure that processing is carried out in accordance with the GDPR and to be able to demonstrate this. These measures are reviewed and updated as necessary. The Controller uses technical measures to prevent unauthorized persons from obtaining or modifying personal data transmitted electronically.
1.7. All words, phrases, and acronyms appearing in this Privacy Policy and beginning with a capital letter (e.g., Seller, Online Store, Electronic Service) shall be understood in accordance with their definitions contained in the Online Store Terms and Conditions available on the Online Store’s website.
2. LEGAL BASIS FOR DATA PROCESSING
2.1. The controller is authorized to process personal data in cases 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 their personal data for one or more specific purposes; (2) processing is necessary for the performance of a contract to which the data subject is a party, or 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.
2.2. The processing of personal data by the Administrator requires, in each case, the existence of at least one of the grounds specified in Section 2.1 of the Privacy Policy. The specific grounds for the processing of personal data of Service Users and Online Store Customers by the Administrator are specified in the following section of the Privacy Policy—in relation to the specific purpose of the processing of personal data by the Administrator.
3. PURPOSE, LEGAL BASIS AND DURATION OF DATA PROCESSING IN THE ONLINE STORE
3.1. In each case, the purpose, legal basis, retention period, and recipients of the personal data processed by the Controller are determined by the actions taken by the relevant Service User 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 to pick up the purchased Product in person instead of having it delivered by courier, their personal data will be processed for the purpose of fulfilling the concluded Sales Agreement, but will no longer be shared with the carrier handling deliveries on behalf of the Administrator.
3.2. The Administrator 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
The performance of a Sales Contract or an Electronic Services Agreement, or the taking of action at the request of the data subject prior to the conclusion of the aforementioned contracts
Article 6(1)(b) of the GDPR (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 is retained for the period necessary to perform, terminate or otherwise bring to an end the concluded Sales Agreement or the agreement for the provision of Electronic Services.
The sending of commercial communications, including direct marketing, via telecommunications terminal equipment (e.g. email, telephone) or automated calling systems
Article 6(1)(f) of the GDPR (the controller’s legitimate interests) – processing is necessary for the purposes of the Controller’s legitimate interests, which include direct marketing – consisting of safeguarding the interests and good reputation of the Controller and its Online Shop, and promoting the sale of Products – for example, in connection with the prior consent given by the data subject (e.g. when subscribing to the Newsletter), to the sending of commercial communications using telecommunications terminal equipment, such as email or telephone, depending on the scope of the consent given
Data is retained for as long as 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 Controller’s business activities. The limitation period is determined by law, in particular the Civil Code (the basic limitation period for claims relating to business activities is three years, and for a Sales Contract two years). The Controller may not process data for direct marketing purposes if the data subject has effectively objected to such processing. Furthermore, where the basis for processing is consent, the data is retained until the data subject withdraws their consent to the further processing of their data for the purpose specified in that consent, without affecting the lawfulness of the processing carried out on the basis of consent prior to its withdrawal.
Bookkeeping
Article 6(1)(c) of the GDPR in conjunction with Article 74(2) of the Accounting Act of 30 January 2018 (Journal of Laws of 2018, item 395, as amended) – processing is necessary for compliance with a legal obligation to which the Controller is subject
The data is retained for the period required by the legal provisions obliging the Controller to retain accounting records (5 years from the start of the year following the financial year to which the data relates).
The establishment, pursuit or defence of claims that may be brought by the Controller or against the Controller
Article 6(1)(f) of the GDPR (the controller’s legitimate interests) – processing is necessary for the purposes of the controller’s legitimate interests – consisting in the establishment, exercise or defence of legal claims which the controller may bring or which may be brought against the controller
The data is retained for as long as the legitimate interest pursued by the Controller persists, but for no longer than the limitation period for claims that may be brought against the Controller (the standard limitation period for claims against the Controller is six years).
Using the Online Shop website and ensuring it functions properly
Article 6(1)(f) of the GDPR (the controller’s legitimate interests) – processing is necessary for the purposes of the controller’s legitimate interests – namely, the operation and maintenance of the Online Shop website
Data is retained for as long as 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 Controller’s business activities. The limitation period is determined by law, in particular the Civil Code (the basic limitation period for claims relating to business activities is three years, and for a Sales Contract it is two years).
Tracking statistics and analysing traffic on the online shop
Article 6(1)(f) of the GDPR (the controller’s legitimate interests) – processing is necessary for the purposes of the controller’s legitimate interests – namely, compiling statistics and analysing traffic on the Online Store in order to improve the functioning of the Online Store and increase sales of Products
Data is retained for as long as 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 Controller’s business activities. The limitation period is determined by law, in particular the Civil Code (the basic limitation period for claims relating to business activities is three years, and for a Sales Contract it is two years).
4. RECIPIENTS OF DATA IN THE ONLINE STORE
4.1. For the Online Shop to function properly, including the fulfilment of Sales Agreements, the Administrator must use the services of third parties (such as software providers, couriers or payment service providers). The Controller uses only the services of such processors who provide sufficient guarantees that they have implemented appropriate technical and organisational measures to ensure that the processing meets the requirements of the GDPR and protects the rights of data subjects.
4.2. Personal data may be transferred by the Controller to a third country; however, the Controller ensures that, in such cases, this will take place to a country providing an adequate level of protection – in accordance with the GDPR – and, in the case of other countries, that the transfer will be based on standard data protection clauses. The Controller ensures that the data subject has the opportunity to obtain a copy of their data. The Controller transfers the collected personal data only where and to the extent necessary to fulfil the specific purpose of data processing in accordance with this privacy policy.
4.3. The Controller does not transfer data in every instance, nor to all recipients or categories of recipients specified in the privacy policy – the Controller transfers data only when it is necessary to achieve the specific purpose of personal data processing and only to the extent necessary to achieve that purpose. For example, if a Customer opts for collection in person, their data will not be transferred to a carrier cooperating with the Controller.
4.4. The personal data of Service Users and Customers of the Online Store may be transferred to the following recipients or categories of recipients:
4.4.1. carriers / freight forwarders / courier brokers / entities managing the warehouse and/or the dispatch process – in the case of a Customer who, when using the Online Shop, chooses to have the Product delivered by post or courier, The Controller shall make the Customer’s personal data available to the selected carrier, freight forwarder or intermediary handling the shipment on the Controller’s behalf, and if the shipment is dispatched from an external warehouse – to the entity managing the warehouse and/or the dispatch process – to the extent necessary to deliver the Product to the Customer.
4.4.2. entities processing electronic or card payments – in the case of a Customer who uses electronic or card payment methods in the Online Shop, the Controller discloses the collected personal data of the Customer to the selected entity processing such payments in the Online Shop on behalf of the Controller to the extent necessary to process the payment made by the Customer.
4.4.3. service providers supplying the Controller with technical, IT and organisational solutions enabling the Controller to conduct business activities, including the Online Shop and the Electronic Services provided through it (in particular, suppliers of computer software for operating the Online Shop, email and hosting providers, and providers of business management software and technical support to the Administrator) – the Administrator shall make the collected personal data of the Customer available to a selected provider acting on its behalf only where and to the extent necessary to achieve the specific purpose of data processing in accordance with this privacy policy.
4.4.4. accounting, legal and advisory service providers providing the Controller with accounting, legal or advisory support (in particular an accounting firm, a law firm or a debt collection agency) – The Controller discloses the collected personal data of the Customer to a selected service provider acting on its behalf only where and to the extent necessary to achieve the relevant purpose of data processing in accordance with this privacy policy.
5. PROFILING ON THE ONLINE STORE
5.1. The GDPR requires the Controller to provide information on automated decision-making, including profiling, as referred to in Article 22(1) and (4) of the GDPR, and – at least in such cases – relevant information on the principles governing such decision-making, as well as on the significance and anticipated consequences of such processing for the data subject. With this in mind, the Controller provides information regarding possible profiling in this section of the privacy policy.
5.2. The Controller may use profiling in the Online Shop for direct marketing purposes, but decisions made by the Controller on this basis do not concern the conclusion or refusal to conclude a Sales Agreement or the possibility of using Electronic Services in the Online Shop. Despite profiling, the individual is free to decide whether they wish to take advantage of the discount or better terms obtained in this way and make a purchase in the Online Shop.
5.3. Profiling in the Online Shop may involve the automatic analysis or prediction of a person’s behaviour on the Online Shop website, e.g. by adding a specific Product to the basket, viewing the page of a specific Product in the Online Shop, or by analysing the history of previous purchases made in the Online Shop. A prerequisite for such profiling is that the Controller holds the data subject’s personal data in order to subsequently send them, for example, a discount code.
5.4. 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 them or similarly significantly affects them.
6. RIGHTS OF THE DATA SUBJECT
6.1. Right of access, rectification, restriction, erasure or data portability – the data subject has the right to request from the Controller access to their personal data, its rectification, erasure (‘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.
6.2. Right to withdraw consent at any time – a data subject whose data is processed by the Controller on the basis of consent (pursuant to Article 6(1)(a) or Article 9(2)(a) of the GDPR) has the right to withdraw consent at any time without affecting the lawfulness of processing carried out on the basis of consent prior to its withdrawal.
6.3. Right to lodge a complaint with a supervisory authority – a data subject whose data is processed by the Controller has the right to lodge a complaint with a supervisory authority in the manner and procedure set out in the provisions of the GDPR and Polish law, in particular the Personal Data Protection Act. The supervisory authority in Poland is the President of the Personal Data Protection Office.
6.4. Right to object – the data subject has the right at any time to object – on grounds relating to their particular situation – to the processing of their personal data based on Article 6(1)(e) (public interest or public tasks) or (f) (legitimate interest of the controller), including profiling based on those provisions. In such a case, the controller may no longer process that personal data unless it demonstrates compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or for the establishment, exercise or defence of legal claims.
6.5. Right to object to direct marketing – where personal data are processed for direct marketing purposes, the data subject has the right at any time to object to the processing of their personal data for such marketing purposes, including profiling, to the extent that the processing is related to such direct marketing.
6.6. To exercise the rights referred to in this section of the privacy policy, you may contact the Controller by sending a written message or an email to the Controller’s address indicated at the beginning of the privacy policy, or by using the contact form available on the Online Store’s website.
7. COOKIES IN THE ONLINE STORE AND ANALYTICS
7.1. Cookies are small pieces of text information in the form of text files, sent by the server and stored on the device of the person visiting the Online Shop (e.g. on the hard drive of a computer or laptop, or on a smartphone’s memory card – depending on the device used by the visitor to our Online Shop). Detailed information regarding cookies, as well as their history, can be found, amongst other places, here: https://pl.wikipedia.org/wiki/HTTP_cookie.
7.2. The Controller may provide a tool on the Online Shop website for the easy and active management of cookies – available upon first visiting the Online Shop website, and subsequently accessible in the footer of the Online Shop website. Active management allows, amongst other things, for checking which cookies are or may be stored whilst using the Online Shop website, as well as for selecting and subsequently changing the scope and purposes of cookie use in relation to the device and the person visiting the Online Shop website. When starting to use the Online Store website, the visitor will be asked to select their cookie settings. It is possible to change these settings later by adjusting the settings within this tool available on the website.
7.3. In the privacy policy, the Controller provides a range of information regarding the use of cookies on the Online Store website, their types and purposes, and how to manage them using, for example, web browser settings and/or the cookie management tool available on the Online Store website. The Controller encourages you to use the cookie management tool available on the Online Store website, which allows you to easily and actively manage cookies whilst using the Online Store website; if this tool is unavailable, please refer to the information below regarding, amongst other things, managing cookies via your browser.
7.4. Cookies that may be sent by the Online Store website can be divided into different types, according to the following criteria:
Depending on their source:
1) proprietary (created by the Administrator’s Online Shop website) and
2) belonging to third parties (other than the Administrator)
Depending on how long they are stored on the device of a visitor to the Online Shop:
1) session cookies (stored until the user logs out of the Online Shop or closes their web browser) and
2) persistent cookies (stored for a specific period, as defined by the parameters of each file, or until they are manually deleted)
Depending on their purpose:
1) essential (enabling the Online Shop website to function properly),
2) functional/preference-based (enabling the Online Shop website to be tailored to the visitor’s preferences),
3) analytical and performance-related (collecting information on how the Online Shop website is used),
4) marketing, advertising and social media (collecting information about the visitor to the Online Shop website in order to display advertisements to that person, personalise them, measure effectiveness and carry out other marketing activities, including on websites separate from the Online Shop website, such as social media platforms or other websites belonging to the same advertising networks as the Online Shop)
7.5. The Controller may process data contained in cookies when visitors use the Online Shop website for the following specific purposes:
The purposes of using cookies on the Administrator’s Online Shop
- to identify customers as logged in to the Online Shop and to indicate that they are logged in (necessary cookies)
- to remember Products added to the basket for the purpose of placing an Order (necessary cookies)
- to remember data from completed Order Forms, surveys or login details for the Online Shop (necessary and/or functional/preference cookies)
- to tailor the content of the Online Shop website to the Service User’s individual preferences (e.g. regarding colours, font size, page layout) and to optimise the use of the Online Shop website (functional/preference cookies)
- to compile anonymous statistics showing how the Online Shop website is used (analytical and performance cookies)
- displaying and rendering advertisements, limiting the number of ad impressions and ignoring advertisements that the User does not wish to view, measuring the effectiveness of advertisements, as well as personalising advertisements, i.e. analysing the behavioural characteristics of visitors to the Online Shop through anonymous analysis of their activities (e.g. repeated visits to specific pages, keywords, etc.) in order to create a profile of them and deliver advertisements tailored to their anticipated interests, including when they visit other websites within the advertising networks of Google Ireland Ltd. and Facebook, i.e. Meta Platforms Ireland Ltd. (marketing, advertising and social media cookies)
7.6. You can check which cookies are currently being sent by the Online Shop’s website, regardless of your web browser, using tools available, for example, at: https://www.cookiemetrix.com or https://www.cookie-checker.com.
7.7. By default, most web browsers available on the market accept the storage of cookies. Everyone has the option to specify the conditions for the use of cookies via their own web browser settings. This means that you can, for example, partially restrict (e.g. temporarily) or completely disable the ability to store cookies – in the latter case, however, this may affect certain functionalities of the Online Shop (for example, it may not be possible to complete the Order process via the Order Form because the Products in the basket are not retained during the subsequent steps of placing the Order).
7.8. Your web browser settings regarding cookies are important in terms of consenting to the use of cookies by our Online Store – in accordance with the regulations, such consent may also be given via your web browser settings. Detailed information on changing cookie settings and deleting cookies yourself in the most popular web browsers is available in the browser’s help section and on the following pages:
- in Chrome
- in Firefox
- in Opera
- in Safari
- in Microsoft Edge
7.9. The Controller may use the Google Analytics and GA4 services provided by Google Ireland Limited (Gordon House, Barrow Street, Dublin 4, Ireland) on the Online Store. These services help the Controller to compile statistics and analyse traffic on the Online Store. The data collected is processed within the framework of the above services to generate statistics that assist in the administration of the Online Store and the analysis of traffic on the Online Store. This data is of an aggregated nature. By using the above services on the Online Shop, the Controller collects data such as the sources and channels through which visitors to the Online Shop are acquired, as well as their behaviour on the Online Shop website; information about the devices and browsers they use to visit the site; IP addresses and domains; geographical data; and demographic data (age, gender) and interests.
7.10. It is possible for a person to easily block the sharing of information about their activity on the Online Shop website with Google Analytics – for this purpose, for example, you can install a browser add-on provided by Google Ireland Ltd., available here: https://tools.google.com/dlpage/gaoptout?hl=pl.
7.11. In connection with the Controller’s use of advertising and analytics services provided by Google Ireland Ltd. on the Online Store, the Administrator notes that full information regarding the rules for the processing of data relating to visitors to the Online Store (including information stored in cookies) by Google Ireland Ltd. can be found in Google’s privacy policy, available at: https://policies.google.com/technologies/partner-sites.
8. FINAL PROVISIONS
8.1. The Online Shop may contain links to other websites. The Administrator urges you to familiarise yourself with the privacy policy of those websites once you have visited them. This privacy policy applies only to the Administrator’s Online Shop.