The Controller of the Personal Data processed via the Website or other channels of communication with the Customer is Vershold Poland Sp. z o.o. with its registered office in Warsaw, address: ul. Żwirki i Wigury 16A, 02-092 Warsaw, entered in the register of entrepreneurs kept by the District Court for the Capital City of Warsaw in Warsaw, XIV Division of the National Court Register, under KRS number 0000629221, REGON 142114475; e-mail address: firstname.lastname@example.org, fax +48 22 846 34 17, phone +48 22 376 27 91, +48 603 124 666 (call charge according to the price list of the relevant operator), hereinafter referred to as "Vershold".
CONTACT WITH THE DATA CONTROLLER
The User of the Website may at any time contact Vershold directly via:
(a) e-mail: email@example.com;
b) a written letter sent by post to the address: Vershold Poland Sp. z o.o., address: Żwirki i Wigury 16A Street, 02-092 Warsaw;
c) by telephone on +48 22 376 27 91 (call charge according to the price list of the relevant operator);
d) fanpage of the Online Shop on Facebook.
In the event that the Customer contacts Vershold through one of the means indicated above, Vershold may ask the Customer to provide additional, further, information and Personal Data in order to respond. Provision of information and Personal Data is voluntary, but may be necessary to perform an action or obtain information of interest to the Customer. Where the Customer contacts Vershold using a form, Vershold may request Personal Data from the Customer in order to confirm the Customer's identity and enable contact on the matter.
Vershold will store the correspondence with the Customer for the purpose of processing replies to enquiries, complaint procedures and for statistical purposes. Personal Data processed in this way will not be used to communicate with the Customer for any purpose other than the fulfilment of the request.
Any commercial information related to Vershold's business may be sent only in accordance with the prior consent of the Customer expressed for the purpose of concluding and performing the Newsletter service agreement.
PROCESSING OF PERSONAL DATA
SECURITY OF PERSONAL DATA
Vershold processes Personal Data in accordance with the Act of 10 May 2018 on the protection of personal data (Journal of Laws of 2018, item 1000) and 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 (Official Journal of the European Union L No. 119, p. 1) (hereinafter also referred to as: "GDPR") and having regard to the provisions of the Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws of 2020.344 consolidated text of 2020.03.03).
Vershold uses appropriate technical and organizational measures to ensure the protection of the Personal Data being processed, including safeguards of a programmatic nature (e.g. a data encryption system) adequate to the risks and categories of data being protected. In particular, we protect Personal Data against access of unauthorized persons, processing in violation of applicable regulations, as well as change, loss, damage or destruction. Vershold exercises constant control over the processing of Personal Data and restricts access to Personal Data to the greatest possible extent.
Vershold takes special care to protect the interests of Data Subjects and in particular ensures that the Personal Data collected is:
(a) processed lawfully, fairly and in a transparent manner for the data subject;
(b) collected for specified, explicit and legitimate purposes and not further processed in a way incompatible with those purposes;
(c) adequate, relevant and limited to what is necessary for the purposes for which it is processed;
(d) correct and, where necessary, updated;
(e) kept in a form which permits identification of the data subject for no longer than is necessary for the purposes for which the data is processed;
(f) processed in a manner that ensures adequate security of the Personal Data, including protection against unauthorised or unlawful processing and accidental loss, destruction or damage, by means of appropriate technical or organisational measures.
SCOPE AND PURPOSES OF PERSONAL DATA PROCESSING
Bearing in mind the regulations in force, as well as, above all, the safety of the Customer's Personal Data, in each case of Personal Data processing, the purpose and scope of data processing result from the Customer's consent or legal regulations, and are specified as a result of the Customer's actions on the Website or within other channels of communication with the Customer.
Vershold protects Personal Data of Customers, visitors to the Online Shop and persons who provide Personal Data through other communication channels. In particular, Vershold protects the Personal Data of users of www.facebook.com and any other websites branded or co-branded with Facebook, whose operating principles are based on the provisions of: https://www.facebook.com/legal/terms, provided by Facebook Inc. or Facebook Ireland Limited, respectively, also by means of Facebook Lead Ads for direct marketing of Vershold's own products or services. The rules for the processing of Personal Data by Facebook have been made available at: https://www.facebook.com/policy.php. Vershold has no influence on the content of the rules for the processing of Personal Data by Facebook.
Vershold may process Personal Data provided in the contact form, provided in the course of using the Website, including in the course of using the Account, provided in the course of submitting enquiries and complaints, in the form for sending the Newsletter, when providing feedback, as well as other data obtained based on the Customer's activity on the Website. Vershold may process Personal Data obtained through the Website or other channels of communication with the Customer, including those processed automatically in the course of using the Website, to the extent that the information obtained through the technology used may be considered Personal Data (Website usage data, operating system version data, screen resolution data, data collected using cookies or other technologies used to track Customer activity, device IP data, location data, web browser data).
Vershold may therefore process the following Personal Data of Customers: name, pseudonym, e-mail address, contact telephone number, delivery address (street, house number, apartment number, postal code, city, country), residential/business/company address (if different from delivery address), bank account number. In addition, the following Personal Data may be collected: information contained in the User's profile, confirmation of private User status, Customer Account preferences, IP address, operating system, browser type, browser version, browser configuration, name of Internet provider and other information regarding the type of computer and Internet connection used to identify the type of device, establishing a connection to the Website, enabling data exchange, URL and IP address of the website from which the Customer accessed or was redirected to the Website with date and time, full click history in the form of URLs with date and time, subpages on the Website visited, links opened with date and time, requests for services and orders placed, purchase history, completed and pending transactions, search terms, products, services, cart, favourites list and payment information.
Vershold processes Personal Data only for the following purposes:
1. enabling you to place orders for products and services on the Website and processing your orders;
2. handling complaints and possible other claims,
3. enabling personalised use of the Website (e.g. adapting the content of offers to Customers' preferences);
4. the management, operation, maintenance and improvement of the Website;
5. conducting analysis and research into customer behaviour;
6. presenting customer feedback on products;
7. answering customer questions and handling requests sent to Vershold;
8. enabling customers to receive information about products and services by e-mail, telephone, fax, Newsletter, SMS and MMS messages (direct marketing);
9. presenting you with tailored advertisements and messages and improving the quality of the advertisements and messages presented, and this purpose will be achieved using cookies;
10. sending dedicated messages to customers (e.g. sending reminders, technical information, updates, security alerts, administrative messages and service bulletins);
11. enabling the transfer of prizes, sending surveys, information about sweepstakes, contests or other promotional activities;
12. for the purpose of executing the Newsletter service agreement, Personal Data may also be processed for the purpose of marketing products or services of entities with which Vershold cooperates.
LEGAL BASIS FOR VERSHOLD'S PROCESSING OF PERSONAL DATA
- the need to perform a contract to which the Customer is a party or to take steps at the Customer's request prior to its conclusion (on the basis of Article 6(1)(b) of the GDPR), including, inter alia, execution of orders, settlements, communications related to the provision of services, conclusion of a contract for the provision of electronic services, conclusion of a sales contract, conclusion of a contract for the Newsletter service;
- Vershold’s legitimate interest (pursuant to Article 6(1)(f) of the GDPR) - responding to Customers' questions and handling messages sent to Vershold via the form made available on the Website in the "Contact" tab or via chat and in connection with issuing product reviews, improving the service of ordering goods via the Website; securing vindication of potential claims and defence against claims in connection with the business activity conducted by Vershold; handling complaints; creating analyses and compilations for internal needs; managing, operating, maintaining and improving the operation of the Website; informing the Customer of updates or changes to the services; adapting the content of the Website or the offers to the individual preferences of the Customers; conducting analyses and research into the behaviour of Customers, including conducting marketing research or surveys regarding individual needs of the Customers and their opinions on sales and marketing activities of Vershold, both on an anonymous basis (e.g. marketing activities, both anonymously (e.g. through mass data collection) and individually (through direct correspondence with the Customers - only if the marketing consent was given);
- Customer's consent (pursuant to Article 6(1)(a) of the GDPR) - in so far as the Customer consents to the presentation, creation, granting and execution of advertisements, offers or promotions (discounts) dedicated to the Customer that are based solely on automated processing, including profiling, which may materially affect the Customer's consumer decisions;
- Customer's consent (pursuant to Article 6(1)(a) of the GDPR) - in so far as the Customer consents to the publication of his opinion about the product via the Website and consents to the processing of personal data in connection with such an opinion. The content of the opinion and the pseudonym shall be published. Consent for the processing of personal data in connection with the publication of an opinion may be withdrawn at any time, but does not affect the legality of processing prior to the withdrawal of consent;
-realisation of obligations imposed under tax and accounting legislation (on the basis of Article 6(1)(c) of the DPA and the relevant tax or accounting legislation) to the extent that Vershold processes Personal Data in the performance of tax obligations (keeping of books of account, issuing of accounting documents).
To the extent that Vershold's partners may have direct access to Customers' personal data - the legal basis for such processing is the Customer's freely given consent (Art. 6(1)(a) GDPR).
For other (other) purposes, Customer Personal Data may be processed on the basis of:
- voluntarily given consent (Article 6(1)(a) of the GDPR);
- applicable legislation (Article 6(1)(c) of the GDPR);
- necessity for purposes other than those mentioned above arising from the legitimate interests pursued by Vershold (Article 6(1)(f) of the GDPR).
VOLUNTARY PROVISION OF PERSONAL DATA
Vershold in any case means Personal Data required for the performance of particular services, or for the conclusion of the relevant contract.
Providing personal data by the Customer in the Online Shop is voluntary, with the reservation that its provision is necessary to use certain functionalities of the Online Shop, including the conclusion and performance of a Sales Agreement, Account registration or the conclusion and performance of a Service Agreement.
The consequence of failing to provide Personal Data may be the inability to effectively perform the above actions.
The provision of Personal Data within the scope resulting from the contact form and the chat (name and e-mail address) is voluntary, but necessary in order to contact the Customer and provide an answer. The provision of a contact telephone number is voluntary and not necessary in order to contact the Customer and to respond. Providing other (not required) Personal Data is voluntary.
The provision of Personal Data within the scope of a review about a product (pseudonym) is voluntary, but necessary in order to display the opinion on the Website. The content of the opinion and the pseudonym will be published. Consent for the processing of Personal Data in connection with the publication of opinions can be withdrawn at any time, but does not affect the legality of processing before the withdrawal of consent.
Providing Personal Data in the scope resulting from the Newsletter service (e-mail address) is voluntary, however, it is necessary to provide the Newsletter service.
TRANSFER OF CUSTOMERS' PERSONAL DATA TO THIRD PARTIES
Vershold will not sell, exchange, rent, disclose, transfer or otherwise make available Customer Personal Data, except with the Customer's prior consent and except in the circumstances described below.
Vershold may transfer Customers' Personal Data to the following entities:
- to the selected carrier or agent executing the shipments on Vershold's order - in the case of a Customer who uses the Online Shop's method of delivery by post or courier service;
- to a selected payment processor in the Online Shop - if the Customer uses electronic or credit card payment method in the Internet Shop;
- to providers of hosting or ICT services, software maintenance companies, those supporting Vershold in marketing campaigns, as well as providers of legal and consultancy services;
- to entities using cookies in the Internet Shop;
- to providers of legal services (in particular law firms and debt collection agencies) and audit and advisory services;
- to other entities to whom Vershold has entrusted the processing of Personal Data with full guarantee of the security of Customers' Personal Data.
Each time, the catalogue of recipients of personal data processed by Vershold results primarily from the scope of services used by the Customer and the Customer's consent, or from legal regulations, and is further specified as a result of the Customer's actions in the Online Shop.
Personal Data may be shared by Vershold if necessary to protect the rights or safety of Vershold, other Customers or third parties - in the exercise of the law.
TRANSFER OF CUSTOMERS' PERSONAL DATA TO THIRD COUNTRIES (OUTSIDE THE EUROPEAN ECONOMIC AREA)
The Personal Data collected is stored and processed in the European Economic Area (hereinafter also: EEA), with the reservation that the information obtained through cookies may be stored outside the EEA, and in exceptional cases the full IP address may be transferred outside the EEA and shortened there. Personal Data may be made available to entities located outside the European Union or the European Economic Area. Such entities may be located in countries where applicable data protection laws provide a lower level of protection than in your country of residence. In the case of transfers to countries outside the EEA whose level of data protection has not been deemed adequate by the European Commission, Vershold will provide adequate safeguards for Personal Data in accordance with the law through the use of standard contractual clauses approved by the European Commission and other appropriate measures so that the level of protection for individuals guaranteed under the GDPR is not compromised.
PROFILING OF PERSONAL DATA
Personal Data in the form of data entered into the contact form, chat, feedback, Account registration and order placement will not be profiled. Personal Data collected by means of cookies, with the Customer's consent, may be processed for the purpose of presenting, creating, granting and fulfilling to the Customer advertisements, offers or promotions concerning Vershold products or services, in a manner tailored to the Customer's preferences as a result of automated decision-making, which may produce legal effects or similarly significantly affect the Customer. Such operation is profiling of personal data.
CUSTOMER RIGHTS IN RELATION TO THE PROCESSING OF PERSONAL DATA
Every person has the right to control the processing of data concerning them, including the right to request updates, rectification and erasure, the right to personal data portability and the right to object to the processing of personal data - the implementation and scope of these rights is set out in the provisions of the GDPR. Requests for the exercise of rights can be made using the Data Collector's contact details (above).
Right of access and rectification
Every Customer has the right to access the content of their Personal Data, including in particular the right to information on: what Personal Data is processed by Vershold, the source from which it comes, the purposes for which it is used and information on the identity of persons/entities to which the data has been provided. The Customer also has the right to change the content of his Personal Data - to correct false or incomplete Personal Data.
Right of withdrawal of consent
Each Customer shall have the right to withdraw any consent given to Vershold at any time, whereby the withdrawal of consent shall not affect the processing carried out by the Data Collector in accordance with the law prior to its withdrawal.
Right to data restriction
Each Customer has the right to restrict processing when one of the circumstances provided for in Article 18 of the GDPR applies, including, in particular, the Customer disputes the accuracy of the Personal Data, the processing is unlawful and the Customer objects to the erasure of the Personal Data, requesting instead that its use be restricted, the Customer has objected to processing - until it is determined whether the legitimate grounds override the grounds for the Customer's objection. If processing has been restricted, such Personal Data may only be processed, with the exception of storage, with the Customer's consent, or in order to establish, assert or defend claims, or to protect the rights of another natural or legal person, or for compelling reasons of public interest of the Union or a Member State.
Right to object
Each Customer has the right to object to the processing of Personal Data concerning the Customer carried out for the purposes of the legitimate interests of the Controller or of a third party (if there are no other valid legitimate grounds for processing overriding the interests of the Customer), including profiling on the basis of these provisions. If Personal Data is processed for direct marketing purposes, the Customer has the right to object at any time to the processing of Personal Data concerning the Customer for such marketing, including profiling, to the extent that the processing is related to such direct marketing.
Right of erasure
The Customer may request deletion of its Personal Data when one of the circumstances provided for in Article 17 of the GDPR applies, including, in particular, when the Personal Data is no longer necessary for the purposes for which it was collected and there is no legitimate reason for further processing, or the processing has become unlawful, or the Personal Data had to be deleted in order to comply with a legal obligation binding within the EU or the Republic of Poland.
Right to data portability
Each Customer has the right to portability of Personal Data that Vershold has provided and that is processed by automated means and the processing is based on consent or on contract. The Customer may also request Vershold to transfer the data directly to another data controller, provided that this is technically feasible.
Right to lodge a complaint
Each Customer has the right to lodge a complaint to the President of the Office for Personal Data Protection if they consider that the processing of their Personal Data violates the law. Contact details to the Office: https://uodo.gov.pl/pl/p/kontakt
PERIOD OF RETENTION OF PERSONAL DATA
Personal Data may be processed by Vershold for a period:
a) in the case of the provision of services via the Website, for the entire duration of the agreement for the provision of services by electronic means; in the event that the agreement is terminated, Personal Data will be stored for a period of 3 years from the date of termination of the agreement for the provision of services by electronic means;
c) for the duration of the use of the Website in the case of Personal Data in the form of data about the use of the Website, data about the version of the operating system, data about the screen resolution, data collected using cookies or other technologies used to track Users' activities, device IP data, location data, data about the Internet browser;
d) if the Personal Data is processed for the purpose of asserting claims or defending against claims (e.g. in debt collection proceedings) - for the period of limitation of claims arising from the provisions of the Civil Code;
e) all Personal Data processed for accounting and tax purposes shall be processed for 5 years, calculated from the end of the calendar year in which the tax liability arose;
f) Personal Data will be processed by Vershold to the extent that the basis for processing Personal Data is the Customer's consent until it is withdrawn, unless the period indicated above expires earlier.
After the expiry of the aforementioned periods, the Personal Data is deleted or anonymised.
In order to ensure accountability of obligations under the GDPR, Personal Data may be retained indefinitely, although this will be in exceptional circumstances (for example, if an objection is made, Vershold will retain Personal Data to demonstrate compliance with your request).
The Google Analytics service is provided by Google Inc. (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. The Google Analytics code is placed via the Google Tag Manager. By means of tags, Vershold records the Customer's activity on the Website and additionally in more specific cases such as: steps in checkout, adding a product to the cart, adding a product to a comparison site, clicking on a product, viewing the product page, removing from the cart.
The cookie technology used by Google Analytics collects information about each person who visits the Online Shop, the following provisions of the Policy apply to persons who use the Online Shop regardless of whether they remain customers.
The Facebook pixel is placed on the Website, which makes it possible to register activity: adding to cart, displaying pages, displaying the "success" page (making a purchase).
Google Ads creates groups of users who have left the "Cart" in the Online Shop.
Vershold also conducts retargeting in Google Ads in the form of dynamic ads (advertising products whose pages the customer has already visited), display ads, as well as in Facebook.
Vershold may process Personal Data contained in cookies when visitors use the Online Shop for the following purposes:
- identifying Customers as logged in to the Online Shop and showing that they are logged in;
- remembering the Products you have added to your cart;
- remembering data from completed Order Forms, surveys or login data to the Internet Shop;
- adjust the content of the Online Shop website to individual customer preferences and optimise the use of the Online Shop website;
- to present tailored advertising and news items and improve the quality of the advertising and news items presented;
- to keep anonymous statistics showing how the Online Shop website is used.
The information obtained by cookies is stored on servers used by Google Inc, including those in the United States. If IP anonymisation is activated during use of the online shop, the IP address will still be shortened in member states of the European Union or other parties to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transferred to the USA and shortened there.
If you give your consent, including the presentation, creation, allocation and implementation of dedicated ads, offers or promotions (discounts) tailored to your preferences, it can be withdrawn at any time - however, this will not affect the legality of processing, which was done on the basis of consent before its withdrawal. Opting out of cookies will not result in the complete absence of ads when using the Website or other sites. Advertisements will still be presented, but their quality will not match your current preferences.
It is possible to prevent the transmission of data from the customer's device to Google Analytics using cookies (including transmission of the IP address) in general by downloading and installing the browser plug-in provided by Google Inc available at the following address: https://tools.google.com/dlpage/gaoptout?hl=pl .
Vershold aggregates (combines data from various sources - described above - into a single entity) the Personal Data associated with the Customer's email provided in the Account service, which enables personalization of the Newsletter service.
Detailed information on the principles under which the above services operate, including data collection and processing rules, is available here: www.google.com/intl/pl/policies/privacy/partners/.
Depending on the purposes and legal basis for the processing of Personal Data collected by cookies, they may be stored for the period indicated in this Policy. Personal Data collected through cookies regarding a person who is not a Customer will be stored until an objection is made. Vershold may delete Personal Data if it has not been used for marketing purposes for 3 years, unless laws require Vershold to process Personal Data longer. Some Personal Data may be kept longer in case a visitor to the Online Shop, has any claims against Vershold, or for the purpose of asserting claims by Vershold or protecting against claims (including third parties), for the period of limitation set by law, in particular the Civil Code. In any case, the longer period of storage of Personal Data shall be decisive.
LINKS TO OTHER WEBSITES