ONLINE SHOP MAKEPLANEASIER.COM
TABLE OF CONTENTS:
1. GENERAL PROVISIONS
2. GROUNDS FOR DATA PROCESSING
3. PURPOSE, LEGAL BASIS AND DURATION OF DATA PROCESSING IN THE ONLINE SHOP
4. DATA RECIPIENTS IN THE ONLINE SHOP
5. PROFILING IN THE ONLINE SHOP
6. RIGHTS OF DATA SUBJECTS
7. COOKIES AND ANALYTICAL TOOLS IN THE ONLINE SHOP
8. FINAL PROVISIONS
1. GENERAL PROVISIONS
1.1. This Privacy Policy of the Online Shop is for informational purposes only, which means that it does not constitute a source of obligations for Service Users or Customers of the Online Shop. The Privacy Policy primarily contains rules regarding the processing of personal data by the Controller in the Online Shop, including the legal grounds, purposes and scope of personal data processing, the rights of data subjects, as well as information on the use of cookies and analytical tools in the Online Shop.
1.2. The controller of personal data collected via the Online Shop is TOMASZ SZAJNIUK, operating under the business name AVAVA TOMASZ SZAJNIUK, entered into the Central Register and Information on Economic Activity of the Republic of Poland maintained by the Minister of Economic Development, with:
- registered office and delivery address: ul. Poniatowskiego 9, 74-505 Mieszkowice, Poland
- Tax Identification Number (NIP): PL7511716884
- Statistical number (REGON): 382140162
- e-mail address: contact@makeplaneasier.com
hereinafter referred to as the “Controller”, who is also the Service Provider and Seller of the Online Shop.
1.3. Personal data in the Online Shop are processed by the Controller in accordance with applicable law, 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”.
The official text of the GDPR is available at:
https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32016R0679
1.4. Using the Online Shop, including making purchases, is voluntary. Likewise, providing personal data by a Service User or Customer is voluntary, subject to two exceptions:
Statutory obligations of the Controller – providing personal data is a legal obligation resulting from generally applicable legal provisions imposing obligations on the Controller to process personal data (e.g. data processing for tax or accounting purposes), and failure to provide such data prevents the Controller from fulfilling these obligations.
Conclusion of a contract with the Controller – failure to provide personal data necessary to conclude and perform a sales contract or a contract for the provision of electronic services, in the cases and to the extent indicated on the Online Shop website, in the Online Shop Terms and Conditions and in this Privacy Policy, results in the inability to conclude such a contract. In this case, providing personal data is a contractual requirement, and if the data subject wishes to conclude a given contract with the Controller, they are obliged to provide the required data. The scope of data required to conclude a contract is indicated each time on the Online Shop website and in the Online Shop Terms and Conditions.
1.5. The Controller makes every effort to protect the interests of data subjects and, in particular, ensures that the data collected by them are:
processed in a manner ensuring 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.
processed lawfully;
collected for specified, legitimate purposes and not further processed in a manner incompatible with those purposes;
factually correct and adequate in relation to the purposes for which they are processed;
kept in a form that permits identification of data subjects for no longer than is necessary for the purposes for which the data are processed; and
1.6. Taking into account the nature, scope, context and purposes of processing, as well as the risk of infringement of the rights or freedoms of natural persons of varying likelihood and severity, the Controller implements appropriate technical and organizational measures to ensure processing in accordance with the GDPR and is able to demonstrate this compliance. These measures are reviewed and updated as necessary. The Controller applies technical measures to prevent unauthorized persons from obtaining or modifying personal data transmitted electronically.
1.7. All words, expressions and abbreviations appearing in this Privacy Policy and beginning with a capital letter (e.g. Seller, Online Shop, Electronic Service) should be understood in accordance with their definitions contained in the Online Shop Terms and Conditions available on the Online Shop website.
2. GROUNDS FOR DATA PROCESSING
2.1. The Controller is entitled to process personal data where — and to the extent that — at least one of the following conditions is met:
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 protection of personal data, in particular where the data subject is a child.
the data subject has given consent to the processing of their personal data for one or more specific purposes;
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;
processing is necessary for compliance with a legal obligation to which the Controller is subject; or
2.2. The processing of personal data by the Controller always requires at least one of the grounds specified in section 2.1 of this Privacy Policy. The specific grounds for processing the personal data of Service Users and Customers of the Online Shop by the Controller are indicated in the next section of the Privacy Policy — in relation to a given purpose of personal data processing by the Controller.
3. PURPOSE, LEGAL BASIS AND DURATION OF DATA PROCESSING IN THE ONLINE SHOP
3.1. The purpose, legal basis, duration and recipients of personal data processed by the Controller result each time from actions taken by a given Service User or Customer in the Online Shop.
3.2. The Controller may process personal data in the Online Shop on the following grounds, for the following purposes and for the following periods:
| Purpose of data processing | Legal basis for data processing | Data retention period |
| Performance of a sales contract or a contract for the provision of electronic services, or taking actions at the request of the data subject prior to concluding the above-mentioned contract. | Article 6(1)(b) GDPR (performance of a contract) – processing is necessary for the performance of a contract to which the data subject is a party or in order to take steps at the request of the data subject prior to entering into a contract. | Data are stored for the period necessary to perform, terminate or otherwise expire the concluded contract. |
| Direct marketing | Article 6(1)(f) GDPR (legitimate interest of the Controller) – processing is necessary for purposes resulting from the legitimate interests pursued by the Controller, consisting in safeguarding the interests and good image of the Controller, the Online Shop and striving to sell products. | Data are stored for the duration of the legitimate interest pursued by the Controller, but no longer than until the limitation period for claims against the data subject arising from the Controller’s business activity expires. The limitation period is determined by applicable law, in particular the Civil Code (the general limitation period for business-related claims is three years, and two years for sales contracts). The Controller may not process data for direct marketing purposes if the data subject raises an effective objection. |
| Marketing | Article 6(1)(a) GDPR (consent) – the data subject has given consent to the processing of their personal data for marketing purposes by the Controller. | Data are stored until the data subject withdraws their consent to further processing for this purpose. |
| Customer reviews regarding a concluded sales contract | Article 6(1)(a) GDPR – the data subject has given consent to the processing of their personal data for the purpose of expressing an opinion. | Data are stored until the data subject withdraws their consent to further processing for this purpose. |
| Keeping accounting records | Article 6(1)(c) GDPR in conjunction with Article 86 §1 of the Polish Tax Ordinance Act of 17 January 2017 (Journal of Laws of 2017, item 201). | Data are stored for the period required by law, during which the Controller is obliged to keep tax records (until the expiry of the tax limitation period, unless tax regulations provide otherwise). |
| Establishing, investigating or defending claims that may be raised by the Controller or against the Controller | Article 6(1)(f) GDPR (legitimate interest of the Controller) – processing is necessary for the purposes of the legitimate interests pursued by the Controller. | Data are stored for the duration of the legitimate interest pursued by the Controller, but no longer than until the limitation period for claims expires. The limitation period is determined by applicable law, in particular the Civil Code (the general limitation period for business-related claims is three years, and two years for sales contracts). |
| Use of the Online Shop website and ensuring its proper functioning | Article 6(1)(f) GDPR (legitimate interests of the Controller) – processing is necessary for purposes resulting from the legitimate interests of the Controller, such as operating and maintaining the Online Shop website. | Data are stored for the duration of the legitimate interests pursued by the Controller, but no longer than until the limitation period for claims expires, in accordance with applicable law, in particular the Polish Civil Code. |
| Keeping statistics and analyzing traffic in the Online Shop | Article 6(1)(f) GDPR (legitimate interests of the Controller) – processing is necessary for purposes resulting from the legitimate interests of the Controller, such as keeping statistics and analyzing traffic in the Online Shop in order to improve its operation and increase product sales. | Data are stored for the duration of the legitimate interests pursued by the Controller, but no longer than until the limitation period for claims expires, in accordance with applicable law, in particular the Polish Civil Code. |
4. DATA RECIPIENTS IN THE ONLINE SHOP
4.1. For the proper functioning of the Online Shop, including the performance of concluded sales contracts, it is necessary for the Controller to use the services of external entities (such as software providers, couriers or payment service providers). The Controller uses only the services of such processors who provide sufficient guarantees for the implementation of appropriate technical and organizational measures, so that processing complies with the requirements of the GDPR and protects the rights of data subjects.
4.2. The transfer of data by the Controller does not take place in every case and not to all recipients or categories of recipients indicated in the Privacy Policy — the Controller provides data only when it is necessary for the processing of personal data and only to the extent required to achieve a given purpose. For example, if a Customer collects the goods in person, their data are not transferred to a delivery provider cooperating with the Controller.
4.3. Personal data of Customers of the Online Shop may be transferred to the following recipients or categories of recipients:
- Carriers / freight forwarders / courier intermediaries / entities operating warehouses and/or the shipping process – in the case of a Customer who uses delivery by post or courier, the Controller provides the collected personal data of the Customer to the selected carrier, freight forwarder or intermediary executing the shipment on behalf of the Controller, and if the shipment is carried out from an external warehouse – to the entity operating the warehouse and/or shipping process, to the extent necessary to deliver the product to the Customer.
- Entities handling electronic payments or payment cards – in the case of a Customer who uses electronic payment methods or payment cards, the Controller provides the collected personal data of the Customer to the selected payment service provider, at the request of the Controller, to the extent necessary to process the Customer’s payment.
- Providers of customer review systems – in the case of a Customer who has agreed to provide an opinion on a concluded sales contract, the Controller provides the Customer’s personal data to the selected entity operating the customer review system, to the extent necessary to enable the Customer to submit such an opinion.
- Service providers supplying technical, IT and organizational solutions enabling the Controller to conduct business activity, including the operation of the Online Shop and electronic services provided through it (in particular software providers, hosting providers, e-mail service providers and management software providers, as well as entities providing technical support to the Controller) – the Controller provides collected personal data to selected providers acting on its behalf only where and to the extent necessary to achieve a specific data processing purpose in accordance with this Privacy Policy.
- Providers of accounting, legal and advisory services providing accounting, legal or advisory support to the Controller (in particular accounting offices, law firms or debt collection companies) – the Controller provides collected personal data to selected providers only to the extent necessary to perform the commissioned service in accordance with this Privacy Policy.
- Providers of social plugins, scripts and similar tools placed on the Online Shop website, enabling the browser of a person visiting the website to download content from the providers of these plugins and to transfer the visitor’s personal data to such providers for this purpose.
5. PROFILING IN THE ONLINE SHOP
5.1. The GDPR obliges the Controller to inform about automated decision-making, including profiling, referred to in Article 22(1) and (4) GDPR, and — at least in such cases — to provide relevant information about the principles of such decision-making as well as the significance and envisaged consequences of such processing for the data subject. In this context, the Controller provides information regarding possible profiling in this section of the Privacy Policy.
5.2. The Controller may use profiling for direct marketing purposes in the Online Shop; however, decisions made on its basis do not concern the conclusion or refusal to conclude a sales contract or the possibility of using electronic services in the Online Shop. Profiling may, for example, involve granting a specific person a discount, sending a discount code, reminding about unfinished purchases, sending product recommendations corresponding to the interests or preferences of a given person, or offering more favorable conditions compared to the standard offer of the Online Shop. Despite profiling, the individual freely decides whether to use the received discount or improved conditions and make a purchase in the Online Shop.
5.3. Profiling in the Online Shop consists of an automated analysis or prediction of the behavior of a given person on the Online Shop website, for example by adding a specific product to the shopping cart, browsing a specific product page, or analyzing the previous purchase history in the Online Shop. A prerequisite for such profiling is that the Controller has personal data of a given person enabling such actions, for example to send 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, rectification, erasure (“the right to be forgotten”) or restriction of processing, as well as the right to data portability. Detailed conditions for exercising these rights are set out in Articles 15–21 GDPR.
6.2. Right to withdraw consent at any time – a person whose data are processed by the Controller on the basis of consent (Article 6(1)(a) or Article 9(2)(a) GDPR) has the right to withdraw consent at any time, without affecting the lawfulness of processing carried out on the basis of consent before its withdrawal.
6.3. Right to lodge a complaint with a supervisory authority – a data subject whose data are processed by the Controller has the right to lodge a complaint with a supervisory authority in accordance with the GDPR and Polish law. 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 to object at any time, on grounds relating to their particular situation, to the processing of their personal data based on Article 6(1)(e) (public interest or official authority) or (f) (legitimate interest of the Controller), including profiling based on these provisions. In such a case, the Controller may no longer process such personal data unless it demonstrates compelling legitimate grounds for processing overriding the interests, rights and freedoms of the data subject or grounds for the establishment, exercise or defense 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 to object at any time to such processing, including profiling, to the extent that it is related to such direct marketing.
6.6. In order to exercise the rights referred to in this section of the Privacy Policy, the data subject may contact the Controller by sending an appropriate request in writing or by e-mail to the address indicated at the beginning of this Privacy Policy, or via the contact form available on the Online Shop website.
7. COOKIES, OPERATIONAL DATA AND ANALYTICS IN THE ONLINE SHOP
7.1. CCookies are small text files sent by a server and stored on the device of a person visiting the Online Shop website (e.g. on the hard drive of a computer, laptop or other device).
7.2. Cookies sent by the Online Shop website may be divided into different types according to the following criteria:
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By provider: 1) first-party cookies (created by the Controller’s Online Shop website) and 2) third-party cookies (created by entities other than the Controller) |
By storage duration on the device of the Online Shop website visitor: session cookies (stored until logging out of the Online Shop or closing the internet browser) and persistent cookies (stored for the period specified in the parameters of each cookie or until manually deleted) |
By purpose of use: 1) necessary cookies (enable the proper functioning of the Online Shop website), 2) functional / preference cookies (enable adjustment of the Online Shop website to the visitor’s preferences), 3) analytics and performance cookies (collect information about how the Online Shop website is used), 4) marketing, advertising and social media cookies (collect information about visitors to the Online Shop website in order to display advertisements tailored to their browsing behavior and to conduct other marketing activities, also on websites independent of the Online Shop website, such as social media platforms). |
7.3. The Controller may process data contained in cookies when users use the Online Shop for the following purposes:
| Purposes of using cookies in the Controller’s Online Shop: | Retaining products added to the shopping cart in order to place an order (necessary cookies) |
| Retaining data entered in order forms, surveys or login data in the Online Shop (necessary cookies and/or functional / preference cookies) | |
| Customizing the content of the Online Shop website to the individual preferences of the Service User (e.g. with regard to colors, font size or page layout) and optimizing the use of the Online Shop website (functional / preference cookies) | |
| Keeping anonymous statistics showing how the Online Shop website is used (statistical cookies) | |
| Remarketing, i.e. analysis of the behavior of Online Shop visitors through anonymous analysis of their activities (e.g. repeated visits to specific pages, search terms, etc.), in order to create a profile and display advertisements tailored to their expected interests on other websites, including those within the advertising networks of Google Ireland Ltd. and Facebook Ireland Ltd. (marketing, advertising and social media cookies) |
7.4. In the most commonly used web browsers, it is possible to check which cookies (including their storage duration and provider) are currently being sent by the Online Shop website as follows:
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In the Chrome browser: (1) Click the padlock icon on the left side of the address bar, (2) select the “Cookies” tab. |
In the Firefox browser: (1) Click the shield icon on the left side of the address bar, (2) select the “Allowed” or “Blocked” tab, (3) click “Cross-site tracking cookies”, “Social media trackers” or “Tracking content”. |
In the Internet Explorer browser: (1) Click the “Tools” menu, (2) select “Internet Options”, (3) go to the “General” tab, (4) click “Settings”, (5) select “View files”. |
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In the Opera browser: (1) Click the padlock icon on the left side of the address bar, (2) select the “Cookies” tab. |
In the Safari browser: (1) Open “Preferences” from the menu, (2) select the “Privacy” tab, (3) click “Manage Website Data”. |
Regardless of the browser, e.g. using tools available online: https://www.cookiemetrix.com/ or https:// |
7.5. By default, most web browsers available on the market accept cookies. Every user has the option to define the conditions for using cookies through their own browser settings. This means that you can, for example, partially restrict the storage of cookies (e.g. temporarily) or disable them entirely. In the latter case, however, some functionalities of the Online Shop may be affected (e.g. the ordering process may not work properly if the browser does not remember products added to the shopping cart during subsequent steps of the order process).
7.6. Browser settings regarding cookies are important in terms of consent to the use of cookies by our Online Shop — in accordance with applicable law, such consent may also be expressed through web browser settings. Detailed information on changing cookie settings and deleting cookies in the most popular web browsers can be found in the help section of the respective browser and on the following pages (simply click the link):
im Chrome-Browser
im Microsoft Edge-Browser
7.7. The Controller may use Google Analytics and Universal Analytics services provided by Google Ireland Limited (Gordon House, Barrow Street, Dublin 4, Ireland) in the Online Shop. These services help the Controller analyze traffic in the Online Shop. The data collected within these services are processed in an anonymized manner (so-called operational data) and are used to generate statistics that make it impossible to identify an individual. These data are aggregated and anonymous, i.e. they do not contain features that allow identification of visitors to the Online Shop.
Within the scope of these services, the Controller collects data such as the source and medium of acquiring visitors to the Online Shop, their behavior on the Online Shop website, information about devices and browsers used to visit the website, IP domain, geographic data, as well as demographic data (age, gender) and interests.
7.8. EIt is possible to easily prevent Google Analytics from sharing information about your activity on the Online Shop website by installing the browser plug-in provided by Google Ireland Limited, available at:
https://tools.google.com/dlpage/gaoptout
7.9. The Controller may use the Facebook Pixel service provided by Facebook Ireland Limited (4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland) in the Online Shop. This service helps the Controller measure the effectiveness of advertisements, determine what actions visitors of the Online Shop take, and display relevant advertisements to such users. Detailed information on how the Facebook Pixel works can be found at: https://www.facebook.com/business/help/742478679120153?id=1205376682832142&helfref=page_content .
7.10. Management of Facebook Pixel settings is possible through ad settings in the user’s Facebook.com account, available at: https://www.facebook.com/ads/preferences/?entry_product=ad_settings_screen.
8. FINAL PROVISIONS
8.1. The Online Shop may contain links to other websites. The Controller informs that after switching to other websites, the privacy policy established there should be read. This Privacy Policy applies only to the Online Shop operated by the Controller.