PRIVACY POLICY
MOTHEREARTH.STORE ONLINE STORE

 

CONTENTS:

  1. GENERAL PROVISIONS

  2. BASICS OF DATA PROCESSING

  3. PURPOSE, BASIS AND PERIOD OF DATA PROCESSING IN THE ONLINE STORE

  4. RECIPIENTS OF DATA IN THE ONLINE STORE

  5. PROFILING IN AN ONLINE STORE

  6. DATA SUBJECT RIGHTS

  7. COOKIES IN THE ONLINE STORE AND ANALYTICS

  8. FINAL PROVISIONS

 

  1. GENERAL PROVISIONS

    1. This privacy policy of the Online Store is of an informative nature, which means that it is not a source of obligations for Service Recipients or Customers of the Online Store. The privacy policy primarily contains the principles regarding the processing of personal data by the Administrator in the Online Store, including the basis, purposes and period of processing personal data and the rights of data subjects, as well as information on the use of Cookies and analytical tools in the Online Store.

    2. The Controller of personal data collected via the Online Store is Jakub Nowicki, conducting business activity under the name of HIDO JAKUB NOWICKI, entered into the Central Register and Information on Economic Activity of the Republic of Poland, kept by the minister responsible for economic affairs, with: business address: ul. Jesienna 17, 05-502 Bobrowiec and correspondence address : "Mother Earth" ul. Szomańskiego 26e, 02-495 Warsaw, NIP 9511522939, REGON 012194176, e-mail address: online@motherearth.store – hereinafter referred to as the " Controller " and being both the Service Provider of the Online Store and the Seller.

    3. Personal data in the Online Store are processed by the Administrator in accordance with applicable legal provisions, in particular in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) - hereinafter referred to as " GDPR " or " GDPR Regulation ". Official text of the GDPR Regulation: http://eur-lex.europa.eu/legal-content/PL/TXT/?uri=CELEX%3A32016R0679 

    4. Using the Online Store, including making purchases, is voluntary. Similarly, providing personal data by the Service User or Customer using the Online Store is voluntary, subject to two exceptions: (1) entering into agreements with the Administrator - failure to provide personal data necessary for the conclusion and performance of the Sales Agreement or the agreement for the provision of Electronic Services with the Administrator in the cases and to the extent indicated on the Online Store website and in the Online Store Regulations and this privacy policy results in the inability to conclude this agreement. Providing personal data is in such a case a contractual requirement and if the data subject wants to enter into a given agreement with the Administrator, they are obliged to provide the required data. Each time, the scope of data required for the conclusion of the agreement is previously indicated on the Online Store website and in the Online Store Regulations; (2) statutory obligations of the Administrator – providing personal data is a statutory requirement resulting from generally applicable legal provisions imposing on the Administrator the obligation to process personal data (e.g. processing data for the purpose of keeping tax or accounting books) and failure to provide them will prevent the Administrator from fulfilling these obligations.

    5. The Administrator takes special care to protect the interests of persons whose personal data he processes, and in particular is responsible and ensures that the data he collects are: (1) processed in accordance with the law; (2) collected for specified, lawful purposes and not subject to further processing incompatible with these purposes; (3) substantively correct and adequate in relation to the purposes for which they are processed; (4) stored in a form which allows identification of persons to whom they relate, 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 accidental loss, destruction or damage, using appropriate technical or organizational measures.

    6. Taking into account the nature, scope, context and purposes of processing and the risk of violation of the rights or freedoms of natural persons with varying probability and severity of threat, the Controller shall implement appropriate technical and organizational measures to ensure that processing is carried out in accordance with this Regulation and to be able to demonstrate this. These measures are reviewed and updated as necessary. The Controller shall apply technical measures to prevent unauthorized persons from obtaining and modifying personal data sent electronically.

    7. All words, expressions and acronyms appearing in this privacy policy and beginning with a capital letter (e.g. Seller , Online Store , Electronic Service ) should be understood in accordance with their definitions contained in the Online Store Regulations available on the Online Store website.

  2. BASICS OF DATA PROCESSING

    1. The Controller is entitled 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 consented to the processing of his or her 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 to fulfil 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 requiring the protection of personal data, in particular where the data subject is a child.

    2. The processing of personal data by the Administrator requires each time the existence of at least one of the bases indicated in point 2.1 of the privacy policy. The specific bases for the processing of personal data of Service Users and Customers of the Online Store by the Administrator are indicated in the next point of the privacy policy - in relation to the given purpose of personal data processing by the Administrator.

  3. PURPOSE, BASIS AND PERIOD OF DATA PROCESSING IN THE ONLINE STORE

    1. Each time, the purpose, basis and period as well as the recipients of personal data processed by the Administrator result from the actions undertaken by a given Service Recipient or Customer in the Online Store or by the Administrator.

    2. The Administrator may process personal data within the Online Store for the following purposes, on the basis and during the periods indicated in the table below:

 

The purpose of data processing

Legal basis for data processing

Data storage period

Execution of the Sales Agreement or the agreement for the provision of Electronic Services or taking action at the request of the data subject before concluding the above-mentioned agreements

Article 6(1)(b) of the GDPR Regulation (performance of a contract) – 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 before entering into a contract

The data is stored for the period necessary to execute, terminate or otherwise expire the concluded Sales Agreement or the agreement for the provision of Electronic Services.

Direct Marketing

Article 6 section 1 letter f) of the GDPR Regulation (legitimate interest of the administrator) – processing is necessary for the purposes resulting from the legitimate interests of the Administrator – consisting in taking care of the interests and good image of the Administrator, its Online Store and striving to sell Products

 

Data is stored for the duration of the legitimate interest pursued by the Administrator, but no longer than the limitation period for the Administrator's claims against the data subject, resulting from the Administrator's business activity. The limitation period is specified by law, in particular the Civil Code (the basic limitation period for claims related to business activity is three years, and for the Sales Agreement two years).

The administrator may not process data for direct marketing purposes in the event of an effective objection in this respect by the data subject.

Marketing

Article 6(1)(a) of the GDPR Regulation (consent) – the data subject has consented to the processing of his or her personal data for marketing purposes by the Controller

The data is stored until the data subject withdraws consent to further processing of his or her data for this purpose.

Tax bookkeeping

Article 6 section 1 letter c) of the GDPR Regulation in connection with Article 86 § 1 of the Tax Ordinance Act of 17 January 2017 (Journal of Laws of 2017, item 201, as amended) – processing is necessary to fulfil the legal obligation of the Controller

The data is stored for the period required by law requiring the Administrator to store tax books (until the expiry of the limitation period for the tax liability, unless tax laws provide otherwise).

Determining, pursuing or defending claims that may be raised by the Administrator or that may be raised against the Administrator

Article 6(1)(f) of the GDPR Regulation (legitimate interest of the administrator) – processing is necessary for the purposes of the legitimate interests of the Administrator – consisting in determining, pursuing or defending claims, which may be raised by the Administrator or which may be raised against the Administrator

The data is stored for the duration of the legitimate interest pursued by the Administrator, but no longer than the limitation period for claims that may be brought against the Administrator (the basic limitation period for claims against the Administrator is six years).

Using the Online Store website and ensuring its proper operation

Article 6 paragraph 1 letter f) of the GDPR Regulation (legitimate interest of the administrator) – processing is necessary for the purposes resulting from the legitimate interests of the Administrator – consisting in running and maintaining the Online Store website

Data is stored for the duration of the legitimate interest pursued by the Administrator, but no longer than the limitation period for the Administrator's claims against the data subject, resulting from the Administrator's business activity. The limitation period is specified by law, in particular the Civil Code (the basic limitation period for claims related to business activity is three years, and for the Sales Agreement two years).

Maintaining statistics and analyzing traffic in the Online Store

Article 6 section 1 letter f) of the GDPR Regulation (legitimate interest of the administrator) – processing is necessary for the purposes resulting from the legitimate interests of the Administrator – consisting in keeping statistics and analyzing traffic in the Online Store in order to improve the functioning of the Online Store and increase sales of Products

Data is stored for the duration of the legitimate interest pursued by the Administrator, but no longer than the limitation period for the Administrator's claims against the data subject, resulting from the Administrator's business activity. The limitation period is specified by law, in particular the Civil Code (the basic limitation period for claims related to business activity is three years, and for the Sales Agreement two years).

  1. RECIPIENTS OF DATA IN THE ONLINE STORE

    1. For the proper functioning of the Online Store, including the implementation of concluded Sales Agreements, it is necessary for the Administrator to use the services of external entities (such as a software provider, courier or payment service provider). The Administrator only uses the services of such processing entities that provide sufficient guarantees for the implementation of appropriate technical and organizational measures so that the processing meets the requirements of the GDPR Regulation and protects the rights of data subjects.

    2. Personal data may be transferred by the Administrator to a third country, whereby the Administrator ensures that in such a case it will take place in relation to a country ensuring an adequate level of protection - in accordance with the GDPR Regulation, and in the case of other countries, that the transfer will take place on the basis of standard data protection clauses. The Administrator ensures that the data subject has the possibility to obtain a copy of their data. The Administrator transfers the collected personal data only in the case and to the extent necessary to achieve a given purpose of data processing in accordance with this privacy policy.

    3. The Controller does not transfer data in every case and not to all recipients or categories of recipients indicated in the privacy policy – ​​the Controller transfers data only when it is necessary to achieve a given purpose of personal data processing and only to the extent necessary to achieve it.

    4. The personal data of Service Users and Customers of the Online Store may be transferred to the following recipients or categories of recipients:

      1. carriers / freight forwarders / courier brokers / entities operating the warehouse and/or the shipping process - in the case of a Customer who uses the Online Store to deliver the Product by post or courier, the Administrator makes the collected personal data of the Customer available to the selected carrier, forwarder or intermediary carrying out shipments on behalf of the Administrator, and if the shipment is made from an external warehouse - to the entity operating the warehouse and/or the shipping process - to the extent necessary to complete the delivery of the Product to the Customer.

      2. entities handling electronic payments or payment cards – in the case of a Customer who uses electronic payments or payment cards in the Online Store, the Administrator makes the collected personal data of the Customer available to the selected entity handling the above payments in the Online Store at the request of the Administrator to the extent necessary to handle the payment made by the Customer.

      3. service providers supplying the Administrator with technical, IT and organizational solutions enabling the Administrator to conduct business activities, including the Online Store and the Electronic Services provided via it (in particular, suppliers of computer software for running the Online Store, e-mail and hosting providers, and suppliers of software for managing the company and providing technical support to the Administrator) – the Administrator makes the collected personal data of the Customer available to a selected supplier acting on its behalf only in the case and to the extent necessary to achieve a given purpose of data processing in accordance with this privacy policy.

      4. providers of accounting, legal and advisory services providing the Administrator with accounting, legal or advisory support (in particular an accounting office, law firm or debt collection company) – the Administrator makes the collected personal data of the Client available to a selected provider acting on its behalf only in the case and to the extent necessary to achieve a given purpose of data processing in accordance with this privacy policy.

      5. providers of social plugins, scripts and other similar tools placed on the Online Store website that enable the browser of the person visiting the Online Store website to download content from the providers of said plugins (e.g. logging in using the login details to a social networking site) and to transfer the visitor's personal data to these providers for this purpose, including:

        1. Facebook Ireland Ltd. – The Administrator uses social plugins from Facebook on the Online Store website (e.g. the Like button, Share button or logging in using Facebook login details) and therefore collects and shares personal data of the Service User using the Online Store website with Facebook Ireland Ltd. (4 Grand Canal Square, Grand Canal Harbour, Dublin 2 Ireland) to the extent and in accordance with the privacy policies available here: https://www.facebook.com/about/privacy/ (this data includes information on activities on the Online Store website – including information on the device, websites visited, purchases, displayed advertisements and the method of using the services – regardless of whether the Service User has a Facebook account and is logged in to Facebook).

  2. PROFILING IN AN ONLINE STORE

    1. The GDPR Regulation imposes on the Controller the obligation to provide information on automated decision-making, including profiling, as referred to in Article 22 paragraphs 1 and 4 of the GDPR Regulation, and – at least in these cases – relevant information on the principles of their making, as well as on the significance and foreseeable consequences of such processing for the data subject. With this in mind, the Controller provides information on possible profiling in this section of the privacy policy.

    2. The Administrator may use profiling in the Online Store for direct marketing purposes, but decisions made on its basis by the Administrator do not concern the conclusion or refusal to conclude a Sales Agreement or the possibility of using Electronic Services in the Online Store. The effect of using profiling in the Online Store may be, for example, granting a given person a discount, sending them a discount code, reminding them about unfinished purchases, sending a proposal for a Product that may meet the interests or preferences of a given person or proposing better conditions compared to the standard offer of the Online Store. Despite profiling, the given person freely decides whether they will want to use the discount received in this way or better conditions and make a purchase in the Online Store.

    3. Profiling in the Online Store consists of automatic analysis or forecasting of a given person's behavior on the Online Store website, e.g. by adding a specific Product to the cart, browsing the page of a specific Product in the Online Store or by analyzing the history of purchases made in the Online Store. The condition for such profiling is that the Administrator has the personal data of a given person in order to be able to send them, e.g. a discount code.

    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 him or her or significantly affects him or her in a similar manner.

  3. DATA SUBJECT RIGHTS

    1. The right to access, rectify, limit, delete or transfer – the data subject has the right to request from the Controller access to their personal data, rectify, delete ("the right to be forgotten") or limit processing and has the right to object to processing, as well as the right to transfer their data. Detailed conditions for exercising the above-mentioned rights are indicated in Articles 15-21 of the GDPR Regulation.

    2. The right to withdraw consent at any time – a person whose data is processed by the Controller on the basis of expressed consent (based on art. 6 sec. 1 letter a) or art. 9 sec. 2 letter a) of the GDPR Regulation) has the right to withdraw consent at any time without affecting the lawfulness of the processing carried out on the basis of consent before its withdrawal.

    3. The right to lodge a complaint with a supervisory authority – a person whose data is processed by the Administrator has the right to lodge a complaint with a supervisory authority in the manner and procedure specified in the provisions of the GDPR Regulation and Polish law, in particular the Personal Data Protection Act. The supervisory authority in Poland is the President of the Personal Data Protection Office.

    4. Right to object – the data subject has the right to object at any time – for reasons relating to his or her particular situation – to the processing of his or her personal data based on Article 6(1)(e) (public interest or tasks) or (f) (legitimate interest of the controller), including profiling based on these provisions. In such a case, the controller is no longer allowed to process the personal data, unless he or she demonstrates compelling legitimate grounds for processing that override the interests, rights and freedoms of the data subject, or grounds for establishing, pursuing or defending claims.

    5. Right to object to direct marketing – if personal data are processed for the purposes of direct marketing, the data subject has the right to object at any time to the processing of his or her personal data for the purposes of such marketing, including profiling, to the extent that the processing is related to such direct marketing.

    6. In order to exercise the rights referred to in this point of the privacy policy, you can contact the Administrator by sending an appropriate message in writing or by e-mail to the Administrator's address indicated at the beginning of the privacy policy or by using the contact form available on the Online Store website.

  4. COOKIES IN THE ONLINE STORE AND ANALYTICS

    1. Cookies are small text information in the form of text files, sent by the server and saved on the side of the person visiting the Online Store website (e.g. on the hard drive of a computer, laptop, or on the memory card of a smartphone - depending on the device used by the visitor to our Online Store). Detailed information on Cookies, as well as the history of their creation can be found here: https://pl.wikipedia.org/wiki/HTTP_cookie.

    2. Cookies that may be sent by the Online Store website can be divided into different types, according to the following criteria:

Due to their supplier :

  1. own (created by the Administrator's Online Store website) and

  2. belonging to third parties/entities (other than the Administrator)

Due to their storage period on the device of the person visiting the Online Store website :

  1. session (stored until you log out of the Online Store or close your web browser) and

  2. persistent (kept for a specified period of time, defined by the parameters of each file or until manually deleted)

Due to the purpose of their use :

  1. necessary (enabling the proper functioning of the Online Store website),

  2. functional/preferential (enabling customization of the Online Store website to the preferences of the website visitor),

  3. analytical and performance (collecting information on how the Online Store website is used),

  4. marketing, advertising and social (collecting information about the person visiting the Online Store website in order to display personalized advertisements to that person and conduct other marketing activities, including on websites separate from the Online Store website, such as social networking sites)

  1. The Administrator may process data contained in Cookies when visitors use the Online Store website for the following specific purposes:

The purposes of using Cookies in the Administrator's Online Store

identifying Service Users as logged in to the Online Store and showing that they are logged in (essential Cookies)

remembering Products added to the basket in order to place an Order (essential Cookies)

remembering data from completed Order Forms, surveys or login data to the Online Store (necessary and/or functional/preference Cookies)

adapting the content of the Online Store website to the individual preferences of the Service Recipient (e.g. regarding colors, font size, page layout) and optimizing the use of the Online Store websites (functional/preference Cookies)

keeping anonymous statistics showing how the Online Store website is used (analytical and performance cookies)

remarketing, i.e. research into the behaviour of visitors to the Online Store through anonymous analysis of their activities (e.g. repeated visits to specific pages, keywords, etc.) in order to create their profile and provide them with advertisements tailored to their expected interests, also when they visit other websites in the advertising network of Google Ireland Ltd. and Facebook Ireland Ltd. (marketing, advertising and social cookies)

  1. You can check in the most popular web browsers which Cookies (including the period of operation of Cookies and their provider) are being sent at a given moment by the Online Store website in the following way:

In Chrome :
(1) in the address bar, click on the lock icon on the left, (2) go to the "Cookies" tab.

In Firefox :
 (1) in the address bar, click the shield icon on the left, (2) go to the "Allowed" or "Blocked" tab, (3) click the "Cross-site tracking cookies", "Social media trackers" or "Content with trackers" box

In Internet Explorer :
 (1) click the "Tools" menu, (2) go to the "Internet Options" tab, (3) go to the "General" tab, (4) go to the "Settings" tab, (5) click the "View files" box

In the Opera browser :
 (1) in the address bar, click on the lock icon on the left, (2) go to the "Cookies" tab.

in Safari browser :
 (1) click on the "Preferences" menu, (2) go to the "Privacy" tab, (3) click on the "Manage website data" box

Regardless of the browser, using the tools available, for example, on the website : https://www.cookiemetrix.com/ or: https://www.cookie-checker.com/

  1. By default, most web browsers available on the market accept the saving of Cookies by default. Everyone has the ability to specify the terms of use of Cookies using the settings of their own web browser. This means that, for example, you can partially limit (e.g. temporarily) or completely disable the ability to save Cookies - in the latter case, however, this may affect some functionalities of the Online Store (for example, it may be impossible to go through the Order path via the Order Form due to the Products not being remembered in the basket during the subsequent steps of placing the Order).

  2. The settings of the web browser regarding Cookies are important from the point of view of consent to the use of Cookies by our Online Store - in accordance with the regulations, such consent may also be expressed through the settings of the web browser. Detailed information on changing the settings for Cookies and their independent removal in the most popular web browsers is available in the help section of the web browser and on the following pages (just click on the given link):

in Chrome 

in Firefox

in Internet Explorer 

in Opera browser 

in Safari browser

in Microsoft Edge browser

  1. The Administrator may use Google Analytics, Universal Analytics services provided by Google Ireland Limited (Gordon House, Barrow Street, Dublin 4, Ireland) in the Online Store. These services help the Administrator to keep statistics and analyze traffic in the Online Store. The collected data is processed as part of the above services to generate statistics that help in administering the Online Store and analyzing traffic in the Online Store. This data is of aggregate nature. By using the above services in the Online Store, the Administrator collects such data as the sources and medium of acquiring visitors to the Online Store and the way they behave on the Online Store website, information on the devices and browsers from which they visit the website, IP and domain, geographic data and demographic data (age, gender) and interests.

  2. It is possible for a given person to easily block the provision of information about their activity on the Online Store website to Google Analytics - for this purpose, you can, for example, install a browser add-on provided by Google Ireland Ltd., available here: https://tools.google.com/dlpage/gaoptout?hl=pl.

  1. FINAL PROVISIONS

    1. The Online Store may contain links to other websites. The Administrator encourages that after going to other websites, you should familiarize yourself with the privacy policy established there. This privacy policy applies only to the Administrator's Online Store.