Privacy Policy
MARKS.BIZ.PL
GENERAL PROVISIONS
This Website Privacy Policy is for informational purposes, which means that it is not a source of obligation for persons using the Website. The Privacy Policy primarily contains rules regarding the processing of personal data collected by the Controller on the Website, including the grounds, purposes and duration of the processing of personal data and the rights of data subjects, as well as information regarding the use of cookies and similar technologies and analytical tools on the Website.
The Controller of personal data collected via the Website is PRZEDSIĘBIORSTWO PRODUKCYJNO HANDLOWO USŁUGOWE “MARK’S” SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ based in Sokolniki (registered office and delivery address: Prusak 23, 98-420 Sokolniki); entered in the Register of Entrepreneurs of the National Court Register under KRS number: 0000230447; the registry court where the company’s records are kept: District Court for Łódź Śródmieście in Łódź, 20th Commercial Division of the National Court Register; share capital in the amount of: PLN 50,000; NIP: 9970095052; REGON: 100020152, e-mail address: marks@marks.biz.pl and contact telephone number: 627-832-801 – hereinafter referred to as the “Controller” and who is also the Owner of the Website.
Personal data on the Website is processed by the Controller in accordance with applicable laws, in particular in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of individuals in connection with 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: https://uodo.gov.pl/pl/404/224
The use of the Website is voluntary. Likewise, the related provision of personal data by the user using the Website is voluntary, with the proviso that failure by the user to provide certain data required to use a certain functionality of the Website may result in the inability to use that functionality (e.g. contact form). The provision of personal data in this case is a contractual requirement, and if the data subject wishes to use a certain functionality provided on the Website by the Controller, he is obliged to provide the required data. Each time the scope of data required to use the functionality of the Website is indicated by the Controller on the Website (e.g., before filling out the contact form).
The Controller shall take special care to protect the interests of the persons whose personal data it processes, and in particular shall be responsible and ensure that the data it collects are: (1) processed in accordance with the law; (2) collected for designated legitimate purposes and not subjected to further processing incompatible with those purposes; (3) substantially correct and relevant to the purposes for which they are processed; (4) stored in a form that allows identification of the persons to whom they relate for no longer than necessary to achieve the purpose of the processing, and (5) processed in a manner that ensures adequate security of personal data, including protection against unauthorized or unlawful processing and accidental loss, destruction or damage, by means of appropriate technical or organizational measures.
Taking into account the nature, scope, context and purposes of the processing, as well as the risk of violation of the rights or freedoms of natural persons of different probability and severity, the Controller shall implement appropriate technical and organizational measures to ensure that the processing is carried out in accordance with the GDPR Regulation and to be able to demonstrate this. These measures are reviewed and updated as necessary. The Controller uses technical measures to prevent unauthorized persons from obtaining and modifying personal data sent electronically.
All words, phrases and acronyms appearing in this privacy policy and beginning with a capital letter shall be understood in accordance with their meaning herein.
GROUNDS FOR DATA PROCESSING
The Controller is authorized to process personal data in cases where, and to the extent that,
at least one of the following conditions is met: (1) the data subject has consented to the processing of his personal data for one or more specified purposes; (2) processing is necessary for the performance of an agreement to which the data subject is a party or to take action at the request of the data subject prior to entering into an agreement; (3) processing is necessary for the fulfillment of a legal obligation of the Controller; or (4) processing is necessary for the purposes of legitimate interests pursued by the Controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular when the data subject is a child.
Processing of personal data by the Controller requires each time the existence of at least one of the grounds indicated above. The specific bases for the Controller’s processing of personal data of the Website users are indicated in the next section of the privacy policy – with respect to the particular purpose of the Controller’s processing of personal data.
PURPOSE, BASIS AND DURATION OF DATA PROCESSING ON THE WEBSITE
Each time, the purpose, basis and period and recipients of the personal data processed by the Controller result from the activities undertaken by the respective user on the Website.
The Controller may process personal data on the Website for the following purposes, on the following grounds, and for the period in accordance with the table below:
| Purpose of data processing | Legal basis for data processing | Data retention period |
| Use of electronic services provided by the Controller on the Website | 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 to take action at the request of the data subject prior to entering into a contract, such as responding to an inquiry sent by the user via a contact form
|
The data is kept for the period necessary to execute, terminate or otherwise expire the contract concluded with the Controller, e.g. for the time necessary to respond to the user’s inquiry sent via the contact form. |
| Direct marketing | Article 6(1)(f) GDPR (legitimate interest of the Controller) – processing is necessary for the purposes of the Controller’s legitimate interests – consisting of taking care of the Controller’s interests and good image and striving to provide services
|
The data shall be stored for the period of existence of the legitimate interest pursued by the Controller, but no longer than the period of the statute of limitations for claims against the data subject for the Controller’s business activities. The statute of limitations is determined by law, in particular the Civil Code (the basic statute of limitations for business-related claims is three years).
The Controller may not process data for direct marketing purposes in the event of an effective objection in this regard by the data subject. |
| Bookkeeping | Article 6(1)(c) GDPR in conjunction with Article 74(2) of the Accounting Act, i.e., January 30, 2018. (Journal of Laws of 2018, item 395, as amended) – processing is necessary for the fulfillment of a legal obligation incumbent on the Controller
|
The data is kept for the period required by law mandating the Controller to keep the accounts (5 years, counting from the beginning of the year following the fiscal year to which the data refers). |
| Marketing | Article 6(1)(a) GDPR (consent) – the data subject has consented to the processing of his personal data for marketing purposes by the Controller | The data is stored until the data subject withdraws his consent to further processing of his data for this purpose. |
| Establishing, asserting or defending claims that the Controller may assert or that may be asserted against the Controller | Article 6(1)(f) GDPR – processing is necessary for the purposes of the Controller’s legitimate interests – consisting of establishing, asserting or defending claims that the Controller may raise or that may be raised against the Controller | The data shall be stored for the period of existence of the legitimate interest pursued by the Controller, but no longer than the period of the statute of limitations for claims against the data subject for the Controller’s business activities. The period of limitation is determined by law, in particular the Civil Code (the basic limitation period for claims that can be raised against the Controller is six years). |
| Use of the Website and ensuring its proper operation | Article 6(1)(f) GDPR (legitimate interest of the Controller) – processing is necessary for the purposes of the Controller’s legitimate interests – consisting of operating and maintaining the Website. | The data shall be stored for the period of existence of the legitimate interest pursued by the Controller, but no longer than the period of the statute of limitations for claims of the Controller against the data subject for the Controller’s business activities. The statute of limitations is determined by law, in particular the Civil Code (the basic statute of limitations for business-related claims is three years). |
| Keeping statistics and analyzing traffic on the Website | Article 6(1)(f) GDPR (legitimate interest of the Controller) – processing is necessary for the purposes of the Controller’s legitimate interests – consisting of statistics and analysis of traffic on the Website in order to improve the functioning of the Website | The data shall be stored for the period of existence of the legitimate interest pursued by the Controller, but no longer than the period of the statute of limitations for claims of the Controller against the data subject for the Controller’s business activities. The statute of limitations is determined by law, in particular the Civil Code (the basic statute of limitations for business-related claims is three years). |
RECIPIENTS OF DATA ON THE WEBSITE
For the proper functioning of the Website, it is necessary for the Controller to use the services of third parties (such as a software provider). The Controller shall only use the services of such processors who provide sufficient guarantees to implement appropriate technical and organizational measures so that the processing meets the requirements of GDPR and protects the rights of data subjects.
Personal data may be transferred by the Controller to a third country, in which case the Controller ensures that this will be done in relation to a country providing an adequate level of protection – in accordance with GDPR, and for other countries, that the transfer will take place on the basis of standard data protection clauses. The Controller shall ensure that the data subject is able to obtain a copy of his data. The Controller shall transfer the collected personal data only in the case and to the extent necessary to fulfill the given purpose of data processing in accordance with this Privacy Policy.
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 transfers data only when it is necessary for the realization of the given purpose of personal data processing and only to the extent necessary for its realization.
Personal data of the Website users may be transferred to the following recipients or categories of recipients:
- service providers supplying the Controller with technical, IT and organizational solutions that enable the Controller to conduct its business, including its Website
- provider of an opinion poll system – for Customers who have agreed to express an opinion about a concluded Sales Agreement, the Controller shall make the collected personal data of the Customer available to a selected provider of an opinion poll system for concluded Sales Agreements in the Online Store on behalf of the Controller to the extent necessary for the Customer to express an opinion using the opinion poll system.
- accounting, legal and consulting service providers that provide accounting, legal or consulting support to the Controller (in particular, an accounting firm, law firm or collection agency)
- providers of social media plug-ins, scripts and other similar utilities placed on the Website that allow the visitor’s browser to download content from the providers of said plug-ins
- Meta Platforms Ireland Ltd. – The Controller may use Facebook and Instagram social media plug-ins on the Website and in connection with this may collect and share personal data of the user using the Website with Meta Platforms Ireland Ltd. (4 Grand Canal Square, Grand Canal Harbour, Dublin 2 Ireland) to the extent and in accordance with the privacy policy available – for Facebook – here: https://www.facebook.com/about/privacy/ and – for Instagram – here: https://help.instagram.com/519522125107875/?helpref=hc_fnav (this data includes information about activities on the website of the Online Store – including information about the device, sites visited, advertisements displayed and use of services – regardless of whether the Customer has a Facebook or Instagram account and is logged into Facebook or Instagram).
PROFILING
GDPR imposes an obligation on the Controller to provide information about automated decision-making, including profiling, as referred to in Article 22 (1) and (4) GDPR, and – at least in these cases – relevant information about the principles of decision-making, as well as the significance and anticipated 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.
The Controller may use profiling on the Website for direct marketing purposes, but the decisions made by the Controller on the basis of this profiling do not concern the conclusion or refusal of a contract or the possibility of using electronic services on the Website. Despite the profiling, it is the person who freely decides whether he would like to take advantage of the Controller’s discount or offer received in this way.
Profiling on the Website may involve automatic analysis or prediction of a person’s behavior on the Website, such as by analyzing a person’s past history of activity on the Website. The precondition for such profiling is that the Controller has the person’s personal data in order to be able to then send him, for example, a discount code or offer.
The data subject has the right not to be subject to a decision that is based solely on automated processing, including profiling, and produces legal effects on that person or similarly significantly affects that person;
RIGHTS OF DATA SUBJECT
Right of access, rectification, restriction, erasure or portability – the data subject has the right to request from the Controller access to his personal data, rectification, erasure (“right to be forgotten”) or restriction of processing, and has the right to object to processing, and has the right to portability of his data. Detailed conditions for exercising the rights indicated above are indicated in Articles 15-21 GDPR.
Right to withdraw consent at any time – the data subject on the basis of expressed consent (pursuant to Article 6(1)(a) or Article 9(2)(a) GDPR), then he has the right to withdraw consent at any time without affecting the legality of the processing performed on the basis of consent before its withdrawal.
Right to lodge a complaint to a supervisory authority – the data subject has the right to lodge a complaint to a supervisory authority in the manner and mode specified in the provisions of GDPR and Polish law, in particular the Personal Data Protection Act. The supervisory authority in Poland is the President of the Office for Personal Data Protection.
Right to object – the data subject has the right to object at any time – the data subject has the right to object at any time for reasons related to his particular situation – against the processing of personal data concerning him based on Article 6(1)(e) (public interest or tasks) or (f) (legitimate interest of the Controller), including profiling under these provisions.
In such a case, the Controller shall no longer be allowed to process such personal data, unless the Controller demonstrates the existence of compelling legitimate grounds for the processing overriding the interests, rights and freedoms of the data subject, or grounds for the establishment, assertion or defense of claims.
Right to object to direct marketing – if personal data is processed for direct marketing purposes, the data subject has the right to object at any time to the processing of personal data concerning him for such marketing, including profiling, to the extent that the processing is related to such direct marketing.
In order to exercise the rights referred to in this section of the privacy policy, you may contact the Controller by sending an appropriate message in writing or by e-mail to the Controller’s address indicated at the beginning of the privacy policy.
WEBSITE COOKIES AND ANALYTICS
Cookies are small text information in the form of text files, sent by a server and stored on the side of the person visiting the Website (e.g. on the hard drive of a computer, laptop, or smartphone memory card – depending on the device used by the visitor to our Website). Detailed information about cookies, as well as the history of their creation can be found, among other things, here: https://pl.wikipedia.org/wiki/HTTP_cookie
Cookies that can be sent by the Website can be divided into different types, according to the following criteria:
| Due to their supplier:
1) their own (created by the Controller’s Website) and 2) belonging to third parties/entities (other than the Controller) |
Due to their storage period on the device of the person visiting the Website:
1) session-based (stored until you leave the Website or turn off your web browser) and |
Due to the purpose of their use:
1) necessary (to enable the proper functioning of the Website), 2) functional/preferential (allowing the Website to be customized to the visitor’s preferences), 3) analytical and performance (gathering information about how the Website is used), 4) marketing, advertising and social media (collecting information about a visitor to the Website for the purpose of displaying advertisements to that visitor, personalizing them, measuring their effectiveness and conducting other marketing activities including on websites separate from the Website, such as social networks or other sites belonging to the same advertising networks as the Website) |
The Controller may process data contained in Cookies when visitors use the Website for the following specific purposes:
| Purposes of using cookies on the Controller’s Website | storing data from forms filled out (essential and/or functional/preference cookies) |
| adapting the content of the Website to the user’s individual preferences (e.g. concerning colors, font size, page layout) and optimizing the use of the Website (functional/preference cookies) | |
| keeping anonymous statistics showing how the Website is used (analytical and performance cookies) |
Checking in the most popular web browsers which cookies (including the duration of cookies and their provider) are sent at the moment by the Website is possible as follows:
| In Chrome: (1) in the address bar, click on the padlock icon on the left, (2) go to the “Cookies” tab. |
In Firefox: (1) in the address bar, click on the shield icon on the left, (2) go to the “Allowed” or “Blocked” tab, (3) click on “Inter-site tracking cookies”, “Social network tracking elements” or “Content with tracking elements” |
In Internet Explorer: (1) click the “Tools” menu, (2) navigate to “Internet Options” tab, (3) go to the “General” tab, (4) go to the “Settings” tab, (5) click the “View Files” box |
| In Opera: (1) in the address bar, click on the padlock icon on the left, (2) go to the “Cookies” tab. |
in Safari: (1) click the “Preferences” menu, (2) go to the “Privacy” tab, (3) click in the “Manage Site Data” box |
Regardless of the browser, using tools available, for example, at: https://www.cookiemetrix.com/ or: https://www.cookie-checker.com/ |
By default, most web browsers on the market accept the storage of cookies by default. Everyone has the ability to determine the conditions of use of cookies through the settings of their own web browser. This means that you can, for example, partially restrict (e.g. temporarily) or completely disable the ability to save cookies – in the latter case, however, this may affect some of the functionality of the Website.
Your browser’s settings regarding cookies are relevant to your consent to the use of cookies by our Website – according to the regulations, such consent can also be given through your browser settings.
Detailed information on how to change the settings for cookies and how to delete them yourself in the most popular web browsers is available in the help section of your web browser and on the following pages (just click on the link):
The Controller may use Google Analytics services provided by Google Ireland Limited (Gordon House, Barrow Street, Dublin 4, Ireland) on the Website. These services help the Controller keep statistics and analyze traffic on the Website. The data collected is processed as part of the above services to generate statistics to help administer the Website and analyze Website traffic. The data are aggregate in nature. The Controller, using the above services on the Website, collects such data as the source and medium of acquisition of visitors to the Website and their behavior on the Website, information on devices
and browsers from which they visit the site, IP and domain, geographic data, and demographic data (age, gender) and interests.
It is possible for a person to easily block the sharing of information about his activity on the Website with Google Analytics – for this purpose, for example, you can install a browser add-on provided by Google Ireland Ltd. available here: https://tools.google.com/dlpage/gaoptout?hl=pl.
In connection with the possibility that the Controller uses advertising and analytical services provided by Google Ireland Ltd. on the Website, the Controller indicates that full information about the principles of processing of data of visitors to the Website (including information stored in cookies) by Google Ireland Ltd. can be found in the privacy policy of Google services available at the following web address: https://policies.google.com/technologies/partner-sites.
