Privacy policy
This document sets out the terms for the processing of personal data (hereinafter also referred to as “data”) and cookies in the online store store.modecom.com, operated through the website available at the URL: store.modecom.com, hereinafter referred to as the “Store”.
TABLE OF CONTENTS
§1. HOW TO CONTACT THE DATA CONTROLLER
§2. ON WHAT BASIS WE PROCESS YOUR DATA
§3. INFORMATION ON THE PROCESSING OF DATA FOR THE PURPOSE OF CONCLUDING AND PERFORMING CONTRACTS, ASSERTING ANY CLAIMS AND DEFENDING AGAINST THEM
§4. INFORMATION ON THE PROCESSING OF DATA FOR THE PURPOSE OF SENDING THE NEWSLETTER
§5. INFORMATION ON THE PROCESSING OF DATA FOR THE PURPOSE OF SENDING NOTIFICATIONS
§6. INFORMATION ON THE PROCESSING OF DATA FOR THE PURPOSE OF DIRECT MARKETING AND ON PROFILING
§7. INFORMATION ON THE PROCESSING OF DATA FOR THE PURPOSE OF ENSURING SECURITY
§8. INFORMATION ON DATA RECIPIENTS
§9. UNCONDITIONAL RIGHTS OF DATA SUBJECTS
§10. CONDITIONAL RIGHTS OF DATA SUBJECTS
§11. COOKIES - INTRODUCTION
§12. THE DATA CONTROLLER’S COOKIES
§13. THIRD-PARTY COOKIES
§14. CONSENT TO THE USE OF COOKIES AND MANAGING THEM
§15. CACHE
§16. LINKS TO OTHER WEBSITES OR SOFTWARE
§17. CHANGES TO THE PRIVACY AND COOKIES POLICY
§1. HOW TO CONTACT THE DATA CONTROLLER
The controller of personal data processed within the Store is MODECOM POLSKA Sp. z o.o., with its registered office in Warsaw (02-715) at ul. Puławska 145, entered in the Register of Entrepreneurs of the National Court Register under KRS number: 0000643267, tax identification number (NIP): 1231326759 and statistical number (REGON): 365706668.
The Data Controller can be contacted by telephone on: 22 102 52 13 and by email at: sklep@modecom.eu.
§2. ON WHAT BASIS WE PROCESS YOUR DATA
When collecting personal data, we always inform you of the legal basis for processing it. This basis derives from the provisions of the GDPR (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). When we refer to:
• Article 6(1)(a) GDPR – this means that we process personal data on the basis of consent received,
• Article 6(1)(b) GDPR – this means that we process personal data because it is necessary for the performance of a contract or in order to take steps prior to entering into a contract, at your request,
• Article 6(1)(c) GDPR – this means that we process personal data in order to comply with a legal obligation,
• Article 6(1)(f) GDPR – this means that we process personal data for the purposes of legitimate interests.
§3. INFORMATION ON THE PROCESSING OF DATA FOR THE PURPOSE OF CONCLUDING AND PERFORMING CONTRACTS, ASSERTING ANY CLAIMS AND DEFENDING AGAINST THEM
1. We may process personal data necessary to perform a contract concluded with you. Before it is concluded, we may also process personal data necessary to take steps at your request. This data is processed on the basis of Article 6(1)(b) GDPR.
2. During the performance of a contract and after its completion, we process the personal data of the party to it for the purpose of handling and asserting any claims. Our legitimate interest is, for example, the ability to respond to any complaint, which we are required to do under separate provisions of civil law. In such a case, we will process personal data on the basis of our legitimate interest in defending against or asserting possible claims. This data is processed on the basis of Article 6(1)(f) GDPR.
3. We will store this data for the period necessary to achieve the stated purposes, and no longer than until claims become time-barred under separate provisions of law.
4. You have the right to access your data, to have it rectified or erased, to restrict its processing, the right to data portability and the right to lodge a complaint with a supervisory authority. Where data is processed for the purpose specified in point 2, you also have the right to object to its processing.
5. Providing this data is voluntary, but failure to provide it will prevent the conclusion or performance of the contract.
6. The recipients of this data are: our hosting provider, email service provider, IT service provider, carriers, invoicing software provider, electronic payment service provider, provider of legal, advisory and debt collection services, and other service providers that we use for the stated purpose.
§4. INFORMATION ON THE PROCESSING OF DATA FOR THE PURPOSE OF SENDING THE NEWSLETTER
1. We enable you to sign up to the mailing list for our newsletter. If you have used this feature, we process your personal data for the purpose of sending it. The newsletter may contain advertising, commercial or marketing content.
2. This data is processed on the basis of Article 6(1)(f) GDPR.
3. You have the right to unsubscribe from the newsletter at any time.
4. We will store your data until you unsubscribe from the subscriber list or until we stop sending the newsletter.
5. You have the right to access your data, to have it rectified or erased, to restrict its processing, the right to data portability, the right to object to its processing and the right to lodge a complaint with a supervisory authority.
6. Providing this data is voluntary, but failure to provide it will prevent the newsletter from being sent.
7. The recipients of this data are: our hosting provider, IT service provider, email service provider and newsletter service provider.
§5. INFORMATION ON THE PROCESSING OF DATA FOR THE PURPOSE OF SENDING NOTIFICATIONS
1. We enable you to sign up to receive our notifications, displayed through your web browser. If you have used this feature, we process your personal data for the purpose of sending them. Notifications may contain advertising, commercial or marketing content.
2. This data is processed on the basis of your consent and therefore Article 6(1)(a) GDPR.
3. You have the right to withdraw your consent at any time. However, withdrawing consent does not affect the lawfulness of processing carried out before its withdrawal.
4. We will store your data until you withdraw your consent. If you never withdraw it, we will process your data until we stop sending notifications.
5. You can withdraw your consent to data processing in your web browser.
6. You have the right to access your data, to have it rectified or erased, to restrict its processing, the right to data portability and the right to lodge a complaint with a supervisory authority.
7. Providing this data is voluntary, but failure to provide it will prevent notifications from being sent.
8. The recipients of this data are: our hosting provider and notification service provider.
§6. INFORMATION ON THE PROCESSING OF DATA FOR THE PURPOSE OF DIRECT MARKETING AND ON PROFILING
1. We may process your personal data for the purpose of direct marketing. This happens, for example, when we reply to your message with details of our offer.
2. For the purpose of direct marketing, we may use profiling, which consists of automated decision-making on displaying advertisements to you. This decision is made on the basis of the actions you take in the Store, in particular the contracts you have concluded or the pages you have viewed. In practice, profiling supports the usability of our Store by allowing us to present content that may be of interest to you.
3. This data is processed on the basis of Article 6(1)(f) GDPR.
4. We will store your data for the time necessary to achieve this purpose.
5. You have the right to access your data, to have it rectified or erased, to restrict its processing, the right to data portability, the right to object to data processing and the right to lodge a complaint with a supervisory authority.
6. You have the right not to be subject to profiling unless you have consented to it. In that case, however, the basis for processing your data will be the consent given (Article 6(1)(a) GDPR), which you may withdraw at any time. In that case too, your data will be processed until you withdraw your consent.
7. Providing this data is voluntary, and failure to provide it will prevent direct marketing activities from being carried out.
8. The recipients of this data are: our hosting provider, IT service provider, email service provider and the provider of the messaging service available on the Store website.
§7. INFORMATION ON THE PROCESSING OF DATA FOR THE PURPOSE OF ENSURING SECURITY
1. From the moment you open our website, in order to ensure the security of our services we process data such as:
• the public IP address of the device from which the request was sent,
• the browser type and language,
• the date and time of the request,
• the number of bytes sent by the server,
• the URL of the previously visited page, if the visit was made using that link,
• information on errors that occurred while the request was being carried out.
2. Our legitimate interest in this processing is keeping server logs and protecting the Store against potential hacking attacks and other abuse. This includes the ability to establish the IP address of a person carrying out a prohibited activity within the Store, such as an attempt to breach security, the publication of prohibited content, or attempts at unauthorised activity using our servers.
3. This data is processed on the basis of Article 6(1)(f) GDPR.
4. We will store this data for the period necessary to achieve the stated purposes, and no longer than until claims become time-barred under separate provisions of law.
5. You have the right to access your data, to have it rectified or erased, to restrict its processing, to object to its processing and to lodge a complaint with a supervisory authority.
6. Providing this data is a condition of using the Store. Failure to provide it will prevent you from using the Store.
7. The recipients of this data are our hosting provider and IT service provider.
§8. INFORMATION ON DATA RECIPIENTS
When processing personal data, we use external services. As a result, the recipients of your personal data may be third parties. When collecting personal data, we always inform you of these recipients, but for the sake of clarity we do so in brief. We therefore explain here that when we refer to individual categories of recipients, they are the following entities:
• Carrier / couriers: InPost S.A, ul. Wielicka 28, 30-552 Kraków; DPD Polska Sp. z o.o., ul. Mineralna 15, 02-274 Warsaw.
• IT service provider: Shopify International Ltd., Attn: Data Protection Officer, c/o Intertrust Ireland, 2nd Floor 1-2 Victoria.
• Hosting provider: Shopify International Ltd., Attn: Data Protection Officer, c/o Intertrust Ireland, 2nd Floor 1-2 Victoria.
• Email service provider: Microsoft Ireland Operations Limited, Attn: Data Protection Officer, One Microsoft Place, South County.
• Messaging service provider: Meta Platforms Inc. 1 Hacker Way, Menlo Park, CA 94025, United States.
• Invoicing software provider: Comarch S.A. Al. Jana Pawła II 39A, 31-864 Kraków.
• Provider of legal / advisory / debt collection services – these service providers are appointed individually, whenever the need arises.
• Newsletter service provider: The Rocket Science Group, LLC, 675 Ponce de Leon Ave NE, Suite 5000, Atlanta, GA 30308 United States.
• Electronic payment service provider: PayU S.A, ul. Grunwaldzka 182, 60-166 Poznań; Stripe Payments Europe, Ltd., Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland.
§9. UNCONDITIONAL RIGHTS OF DATA SUBJECTS
When we write about rights relating to the processing of your personal data, we refer to the rights described below. The ability to exercise the following rights does not depend on the legal basis for processing personal data.
Right of access
You have the right to obtain from us confirmation as to whether we process personal data concerning you. If we do, you have the right to access that data and to receive additional information on:
• the purposes of processing,
• the categories of data concerned,
• the recipients or categories of recipients to whom the data has been or will be disclosed, in particular recipients in third countries or international organisations,
• where possible, the planned storage period for the data or, where this is not possible, the criteria used to determine that period,
• the right to request that we rectify, erase or restrict the processing of the data, to object to such processing, and the right to lodge a complaint with a supervisory authority,
• the source of the data, if your data was not collected from you,
• automated decision-making, including profiling, the rules for such decisions, and the significance and envisaged consequences of such processing for you.
On receiving such a request, we are required to provide a copy of the personal data undergoing processing. If such a request is made electronically and we do not receive any other instruction, we will also provide the information electronically.
Right to rectification
You have the right to request that we rectify without delay any inaccurate personal data concerning you. Taking into account the purposes of processing, you have the right to request that incomplete personal data be completed, including by providing a supplementary statement.
Right to erasure (to be forgotten)
You have the right to request that we erase without delay personal data concerning you. We are then required to erase personal data without undue delay if one of the following applies:
• you have withdrawn your consent to the processing of your personal data and we have no other basis for processing it,
• you have successfully objected to the processing of data concerning you,
• your personal data has been processed unlawfully,
• your personal data must be erased in order to comply with a legal obligation,
• your data was collected in connection with the offering of information society services.
Right to restriction of processing
You have the right to request that we restrict processing in the following cases:
• where you contest the accuracy of the data – for a period enabling us to verify its accuracy,
• the processing is unlawful and you oppose the erasure of the data, requesting the restriction of its use instead,
• we no longer need the personal data for the purposes of processing, but you need it to establish, assert or defend claims,
• you have objected to the processing of your data – pending verification of whether our legitimate grounds override the grounds for your objection.
Automated decisions, including profiling
You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you.
This right does not apply if the decision:
• is necessary for entering into or performing a contract between you and us,
• is authorised by European Union law or the law of the Republic of Poland, which lays down suitable measures to safeguard your rights, freedoms and legitimate interests, or
• is based on your explicit consent.
Right to lodge a complaint
You have the right to lodge a complaint concerning the processing of your personal data with the supervisory authority: President of the Personal Data Protection Office (Prezes Urzędu Ochrony Danych Osobowych), ul. Stawki 2, 00-193 Warsaw, tel. 22 531 03 00, fax 22 531 03 01, email: kancelaria@uodo.gov.pl.
§10. CONDITIONAL RIGHTS OF DATA SUBJECTS
When we write about rights relating to the processing of your personal data, we refer to the rights described below. The ability to exercise them depends in each case on the legal basis for processing personal data.
Right to withdraw consent to processing
Where we process your personal data on the basis of consent, you have the right to withdraw that consent at any time. Withdrawing consent does not, of course, affect the lawfulness of processing personal data carried out before its withdrawal.
Right to data portability
You have the right to receive the personal data you have provided to us in a structured, commonly used and machine-readable format. You also have the right to transmit this personal data to another controller without hindrance from us, where the processing is carried out:
• on the basis of consent or a contract, and
• by automated means.
When exercising the right to data portability, you have the right to request that we transmit the personal data directly to another controller, where technically feasible. This right must not adversely affect the rights and freedoms of others.
Right to object
Where we process your personal data on the basis of Article 6(1)(f) GDPR, you have the right to object to the processing of this data on grounds relating to your particular situation.
We may then no longer process this personal data unless we demonstrate:
• compelling legitimate grounds for the processing, which must override your interests, rights and freedoms, or
• grounds for establishing, asserting or defending claims.
Likewise, if you object to the processing of your personal data for direct marketing purposes, we will no longer be able to process it for those purposes.
§11. COOKIES - INTRODUCTION
The Store website uses cookies. These are commonly used small files containing a string of characters, which are sent to and stored on the terminal device (e.g. computer, laptop, tablet, smartphone) used when visiting the Store. This information is sent to the memory of the browser in use, which sends it back on subsequent visits to the website. Cookies can be categorised in three ways.
In terms of the purposes of using cookies, we distinguish four categories:
• Necessary cookies – these enable the website and its features to function properly, e.g. authentication or security cookies. Without storing them on your device, it will not be possible to use the website.
• Analytical cookies – these make it possible to monitor the web pages opened, traffic sources and the time spent on the website. Not storing them will not limit the use of the website’s features.
• Advertising cookies – these make it possible to display personalised advertisements on or off the website. Not storing them will not limit the use of the website’s features.
• Social media cookies – these make it possible to display a fan page on the website and to like it. Not storing them will not limit the use of the website’s features.
In terms of their validity period, we distinguish two categories of cookies:
• session cookies – which exist until the end of a given session,
• persistent cookies – which continue to exist after the session ends.
In terms of the entity administering the cookies, we distinguish:
• our cookies,
• third-party cookies.
§12. THE DATA CONTROLLER’S COOKIES
The cookies administered by us allow for:
• access authentication,
• maintaining a session after logging in,
• protecting the Store against hacking attacks,
• the browser “remembering” the contents of completed form fields (optional),
• the browser “remembering” items added to the cart.
This makes using the Store’s features easier and more pleasant.
§13. THIRD-PARTY COOKIES
The use of third-party cookies is subject to the privacy and cookies policies applied by those entities.
We use cookies administered by Google Inc. 1600 Amphitheatre Pkwy, Mountain View, CA 94043, United States as part of the following services:
• Google Ads – advertising cookies used to run and assess the quality of advertising campaigns carried out using the Google Ads service,
• Google Analytics – analytical cookies used to study user behaviour and traffic and to compile traffic statistics,
The data collected by Google Inc is anonymous and aggregated. In particular, it does not contain identifying features (understood as personal data) of Store users. Using these services, we collect data such as the sources from which users visiting the Store were acquired, as well as how they behave on the Store website, information on the devices and browsers they use, IP address, domain, demographic data (age, gender), interests and geographical data.
You can find more information on this here: https://policies.google.com/technologies/cookies?hl=en
We use cookies administered by Facebook Inc. 1 Hacker Way, Menlo Park, CA 94025, United States:
• Functional cookies used by Facebook Inc. 1 Hacker Way, Menlo Park, CA 94025, United States. These cookies may be used to link your account on the external social networking site Facebook with your account in the Store. They may also be used to process, on Facebook, actions you take using the “Share” or “Like” buttons. The processing of these actions may be public.
• Advertising pixel tags used by Facebook Inc. 1 Hacker Way, Menlo Park, CA 94025, United States. These are elements published in digital content that make it possible to record information, e.g. on activity on the website, and to assess the effectiveness of advertisements. The Facebook Inc. pixel tag can be managed through the Facebook site, in its user panel
You can find more information on this here: https://www.facebook.com/policies/cookies/
The use of third-party cookies is subject to the privacy and cookies policies applied by those entities. The current rules of third parties in this respect can be found on the websites listed and here: https://www.e-regulaminy.pl/biuletyn/polityki-prywatnosci-i-plikow-cookies/.
§14. CONSENT TO THE USE OF COOKIES AND MANAGING THEM
With the exception of necessary cookies, they are processed on the basis of the user’s consent.
Consent to the processing of cookies is voluntary and may be withdrawn at any time. However, please bear in mind that refusing consent to the use of certain cookies may result in limitations on the use of the Store and its features, or even make such use impossible.
Consent to the processing of cookies may be given:
• through the settings of the software installed on the telecommunications terminal device used by the user,
• by using a button containing a declaration of consent to the processing of cookies or confirmation of having read its terms,
• through the settings available on the website.
§15. CACHE
When you use the Store website, we may automatically use the cache installed on your device. Local storage makes it possible to store data between sessions, i.e. between successive visits to the Store website. The purpose of using the cache is to speed up the use of the Store by avoiding situations in which the same data would be downloaded from the Store repeatedly, thus putting a load on the user’s internet connection. The cache may also store data such as a login password.
§16. LINKS TO OTHER WEBSITES OR SOFTWARE
The Store may contain links to other websites or software. We are not responsible for the privacy and cookie processing rules applicable on those websites or in that software. We recommend that you read the privacy and cookies policies of those websites or software after visiting them or before installing them.
§17. CHANGES TO THE PRIVACY AND COOKIES POLICY
1. The Privacy and Cookies Policy enters into force on the date of its publication on the Store website.
2. The Privacy and Cookies Policy is changed by publishing its new content on the Store website.
3. We publish information about changes to the Privacy and Cookies Policy on the Store website no later than 3 days before the date on which its new wording takes effect.