Privacy policy
Privacy Policy of the CHIGEE.PL Online Store
This is an English translation provided for convenience. The Polish version of the Privacy Policy is legally binding. In the event of any discrepancy, the Polish version shall prevail.
Table of Contents
- General Provisions
- Legal Bases for Data Processing
- Purpose, Legal Basis and Period of Data Processing in the Online Store
- Recipients of Data in the Online Store
- Profiling in the Online Store
- Rights of the Data Subject
- Cookies in the Online Store and Analytics
- Final Provisions
1. General provisions
1.1. This privacy policy of the Online Store is informative in nature, which means that it does not constitute a source of obligations for Service Recipients or Customers of the Online Store. The privacy policy sets out, above all, the rules for the processing of personal data by the Controller in the Online Store, including the legal bases, purposes and period of processing of personal data and the rights of data subjects, as well as information regarding the use of Cookies and analytical tools in the Online Store.
1.2. The Controller of personal data collected via the Online Store is BRAMOWE.PL SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office in Toruń (registered office address and correspondence address: ul. Mazowiecka 52-68, 87-100 Toruń), entered in the Register of Entrepreneurs of the National Court Register under KRS number 0000820538; registry court where the company's documentation is kept: District Court in Toruń, 7th Commercial Division of the National Court Register; share capital: PLN 10 000,00; NIP (Tax Identification Number) 8792718489, REGON (Statistical Number) 385138094, email address: sklep@chigee.pl, telephone number: +48 505 250 606 – hereinafter referred to as the “Controller”, which is at the same time the Service Provider of the Online Store and the Seller.
1.3. Personal data in the Online Store are processed by the Controller in accordance with the applicable laws, 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 the “GDPR” or the “GDPR Regulation”. Official text of the GDPR Regulation: http://eur-lex.europa.eu/legal-content/PL/TXT/?uri=CELEX%3A32016R0679
1.4. Use of the Online Store, including making purchases, is voluntary. Likewise, the related provision of personal data by a Service Recipient or Customer using the Online Store is voluntary, subject to two exceptions: (1) conclusion of agreements with the Controller – failure to provide, in the cases and to the extent indicated on the Online Store website and in the Terms and Conditions of the Online Store and in this privacy policy, the personal data necessary for the conclusion and performance of a Sales Agreement or an agreement for the provision of an Electronic Service with the Controller results in the inability to conclude such agreement. In such a case, the provision of personal data is a contractual requirement, and if the data subject wishes to conclude a given agreement with the Controller, they are obliged to provide the required data. In each case, the scope of data required to conclude an agreement is indicated in advance on the Online Store website and in the Terms and Conditions of the Online Store; (2) statutory obligations of the Controller – the provision of personal data is a statutory requirement arising from generally applicable laws imposing on the Controller an obligation to process personal data (e.g. processing of data for the purpose of keeping accounting records), and failure to provide such data will prevent the Controller from fulfilling those obligations.
1.5. The Controller takes particular care to protect the interests of the persons to whom the personal data it processes relate, and in particular is responsible for, and ensures, that the data it collects are: (1) processed lawfully; (2) collected for specified and legitimate purposes and not further processed in a manner incompatible with those purposes; (3) factually accurate and adequate in relation to the purposes for which they are processed; (4) kept in a form which permits identification of data subjects for no longer than is necessary to achieve the purpose of processing; and (5) processed in a manner that ensures appropriate security of personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures.
1.6. Taking into account the nature, scope, context and purposes of processing, as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons, the Controller implements appropriate technical and organisational measures to ensure that processing is performed in accordance with the GDPR Regulation and to be able to demonstrate this. Those measures are reviewed and updated where necessary. The Controller applies technical measures to prevent unauthorised persons from obtaining and modifying personal data transmitted electronically.
1.7. All words, expressions and acronyms appearing in this privacy policy and beginning with a capital letter (e.g. Seller, Online Store, Electronic Service) shall be understood in accordance with their definitions set out in the Terms and Conditions of the Online Store available on the Online Store website.
2. Legal Bases 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: (1) the data subject has given consent to the processing of their personal data for one or more specific purposes; (2) processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract; (3) processing is necessary for compliance with a legal obligation to which the Controller is subject; or (4) processing is necessary for the purposes of the legitimate interests pursued by the Controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.
2.2. Processing of personal data by the Controller always requires at least one of the bases indicated in point 2.1 of the privacy policy. The specific bases for the processing of personal data of Service Recipients and Customers of the Online Store by the Controller are indicated in the next point of the privacy policy – in relation to the given purpose of processing of personal data by the Controller.
3. Purpose, Legal Basis and Period of Data Processing in the Online Store
3.1. In each case, the purpose, legal basis, period and recipients of personal data processed by the Controller result from the actions taken by a given Service Recipient or Customer in the Online Store or by the Controller. For example, if a Customer decides to make a purchase in the Online Store and chooses personal collection of the purchased Product instead of courier delivery, their personal data will be processed for the purpose of performing the concluded Sales Agreement, but will no longer be made available to the carrier delivering shipments on behalf of the Controller.
3.2. The Controller may process personal data within the Online Store for the following purposes, on the following legal bases and for the periods indicated in the table below:
| Purpose of data processing | Legal basis for data processing | Data retention period |
|---|---|---|
| Performance of a Sales Agreement or an agreement for the provision of an Electronic Service, or taking steps at the request of the data subject prior to entering into the aforementioned agreements | Article 6(1)(b) of the GDPR Regulation (performance of a contract) – processing is necessary for the performance of a contract to which the data subject is 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 for the performance, termination or other expiry of the concluded Sales Agreement or agreement for the provision of an Electronic Service. |
| Sending commercial information, including direct marketing, using telecommunications terminal equipment (e.g. email, telephone) or automated calling systems | Article 6(1)(f) of the GDPR Regulation (legitimate interest of the controller) – processing is necessary for the purposes of the legitimate interests of the Controller, which include direct marketing – consisting in safeguarding the interests and good reputation of the Controller and its Online Store and in seeking to sell Products – for example in connection with the prior consent given by the data subject (e.g. when subscribing to the Newsletter) to receive commercial information by means of telecommunications terminal equipment such as email or telephone, depending on the scope of the consent given | Data are stored for as long as the legitimate interest pursued by the Controller exists, but no longer than the limitation period for the Controller's claims against the data subject in connection with the business activity conducted by the Controller. The limitation period is determined by law, in particular the Civil Code (the basic limitation period for claims relating to business activity is three years, and for a Sales Agreement two years). The Controller may not process data for direct marketing purposes where the data subject has effectively objected to such processing. Additionally, where the legal basis for processing is consent, data are stored until the data subject withdraws consent to further processing of their data for the purpose specified in that consent, without affecting the lawfulness of processing based on consent before its withdrawal. |
| Expression by the Customer of an opinion on the concluded Sales Agreement | Article 6(1)(a) of the GDPR Regulation – 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 consent to further processing of their data for this purpose. |
| Keeping accounting records | Article 6(1)(c) of the GDPR Regulation in conjunction with Article 74(2) of the Accounting Act, i.e. of 30 January 2018 (Journal of Laws of 2018, item 395, as amended) – processing is necessary for compliance with a legal obligation to which the Controller is subject | Data are stored for the period required by the laws obliging the Controller to keep accounting records (5 years, counting from the beginning of the year following the financial year to which the data relate). |
| Establishment, exercise or defence of claims which may be raised by the Controller or which may be raised against the Controller | Article 6(1)(f) of the GDPR Regulation (legitimate interest of the controller) – processing is necessary for the purposes of the legitimate interests of the Controller – consisting in the establishment, exercise or defence of claims which may be raised by the Controller or which may be raised against the Controller | Data are stored for as long as the legitimate interest pursued by the Controller exists, but no longer than the limitation period for claims which may be raised against the Controller (the basic limitation period for claims against the Controller is six years). |
| Use of the Online Store website and ensuring its proper functioning | Article 6(1)(f) of the GDPR Regulation (legitimate interest of the controller) – processing is necessary for the purposes of the legitimate interests of the Controller – consisting in operating and maintaining the Online Store website | Data are stored for as long as the legitimate interest pursued by the Controller exists, but no longer than the limitation period for the Controller's claims against the data subject in connection with the business activity conducted by the Controller. The limitation period is determined by law, in particular the Civil Code (the basic limitation period for claims relating to business activity is three years, and for a Sales Agreement two years). |
| Keeping statistics and analysing traffic in the Online Store | Article 6(1)(f) of the GDPR Regulation (legitimate interest of the controller) – processing is necessary for the purposes of the legitimate interests of the Controller – consisting in keeping statistics and analysing traffic in the Online Store in order to improve the functioning of the Online Store and increase sales of Products | Data are stored for as long as the legitimate interest pursued by the Controller exists, but no longer than the limitation period for the Controller's claims against the data subject in connection with the business activity conducted by the Controller. The limitation period is determined by law, in particular the Civil Code (the basic limitation period for claims relating to business activity is three years, and for a Sales Agreement two years). |
3.3. Where personal data are processed for several purposes or on several legal bases simultaneously, the Controller stores them for the longest of the periods indicated in the table above for those purposes and legal bases. After the retention period expires, the data are deleted or anonymised in a manner that prevents re-identification of the data subject. Notwithstanding the above, the Controller may store personal data until the expiry of the limitation period for claims, which, pursuant to the second sentence of Article 118 of the Civil Code, ends on the last day of the calendar year.
4. Recipients of Data in the Online Store
4.1. For the proper functioning of the Online Store, including for the performance of concluded Sales Agreements, it is necessary for the Controller to use the services of external entities (such as, for example, a software provider, a courier or a payment service provider). The Controller uses only the services of such processors that provide sufficient guarantees to implement appropriate technical and organisational measures in such a manner that the processing meets the requirements of the GDPR Regulation and protects the rights of data subjects.
4.2. As a rule, personal data of Service Recipients and Customers are processed within the European Economic Area (EEA). However, personal data may be transferred outside the EEA where this is necessary to achieve the purposes indicated in this privacy policy, in particular in connection with the Controller's use of tools and services provided by entities established or processing data outside the EEA (for example, providers of analytics, marketing, cloud or communication services, including Google Ireland Ltd. and Meta Platforms Ireland Ltd. and their affiliates in the United States). The Controller transfers personal data outside the EEA only where necessary and subject to ensuring an adequate level of data protection, in particular by: (1) transfer to an entity in a country in respect of which the European Commission has issued a decision finding an adequate level of data protection (for example, to an entity in the United States certified under the EU-U.S. Data Privacy Framework); (2) the use of standard data protection clauses adopted by the European Commission; or (3) on the basis of another instrument compliant with Chapter V of the GDPR Regulation. The data subject may obtain a copy of the data transferred to a third country and information on where the safeguards applied have been made available by contacting the Controller in the manner indicated in this privacy policy.
4.3. Data are not transferred by the Controller in every case, nor to all recipients or categories of recipients indicated in the privacy policy – the Controller transfers data only where this is necessary to achieve a given purpose of processing of personal data and only to the extent necessary to achieve it. For example, if a Customer uses personal collection, their data will not be transferred to the carrier cooperating with the Controller.
4.4. Personal data of Service Recipients and Customers of the Online Store may be transferred to the following recipients or categories of recipients:
4.4.1. carriers / forwarders / courier brokers / entities operating the warehouse and/or the shipping process – in the case of a Customer who uses the method of delivery of the Product by post or by courier in the Online Store, the Controller makes the collected personal data of the Customer available to the selected carrier, forwarder or intermediary delivering shipments on behalf of the Controller, and if the shipment is dispatched from an external warehouse – to the entity operating the warehouse and/or the shipping process – to the extent necessary to deliver the Product to the Customer.
4.4.2. entities handling electronic or payment card payments – in the case of a Customer who uses electronic or payment card payment methods in the Online Store, the Controller makes the collected personal data of the Customer available to the selected entity handling the above payments in the Online Store on behalf of the Controller, to the extent necessary to handle the payment made by the Customer.
4.4.3. providers of an opinion survey system – in the case of a Customer who has agreed to express an opinion on the concluded Sales Agreement, the Controller makes the collected personal data of the Customer available to the selected entity providing a system of surveys for giving opinions on Sales Agreements concluded in the Online Store on behalf of the Controller, to the extent necessary for the Customer to express an opinion using the opinion survey system.
4.4.4. service providers supplying the Controller with technical, IT and organisational solutions enabling the Controller to conduct its business activity, including the Online Store and the Electronic Services provided through it (in particular providers of computer software for operating the Online Store, email and hosting providers and providers of business management software and technical support to the Controller) – the Controller makes the collected personal data of the Customer available to the selected provider acting on its behalf only where and to the extent necessary to achieve a given purpose of data processing in accordance with this privacy policy.
4.4.5. providers of accounting, legal and advisory services providing the Controller with accounting, legal or advisory support (in particular an accounting office, a law firm or a debt collection company) – the Controller makes the collected personal data of the Customer available to the selected provider acting on its behalf only where and to the extent necessary to achieve a given purpose of data processing in accordance with this privacy policy.
5. Profiling in the Online Store
5.1. The GDPR Regulation imposes on the Controller an obligation to provide information about automated decision-making, including profiling, referred to in Article 22(1) and (4) of the GDPR Regulation, and – at least in those cases – meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject. With this in mind, the Controller provides information on possible profiling in this point of the privacy policy.
5.2. The Controller may use profiling in the Online Store for direct marketing purposes, but decisions taken by the Controller on the basis thereof do not concern the conclusion of, or refusal to conclude, a Sales Agreement, nor the possibility of using Electronic Services in the Online Store. The effect of using profiling in the Online Store may be, for example, granting a given person a discount, sending them a discount code, reminding them of unfinished purchases, sending them a proposal of a Product that may match the interests or preferences of that person, or offering better terms compared to the standard offer of the Online Store. Despite the profiling, it is the given person who freely decides whether they wish to take advantage of the discount or better terms received in this way and make a purchase in the Online Store.
5.3. Profiling in the Online Store consists in the automated analysis or prediction of a given person's behaviour on the Online Store website, e.g. by adding a specific Product to the basket, viewing the page of a specific Product in the Online Store, or by analysing the previous history of purchases made in the Online Store. The condition for such profiling is that the Controller holds the personal data of the given person so that it can then send them, for example, 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 portability – the data subject has the right to request from the Controller access to their personal data, rectification or erasure thereof (“right to be forgotten”) or restriction of processing, and has the right to object to processing, as well as the right to data portability. The detailed conditions for exercising the above rights are set out in Articles 15-21 of the GDPR Regulation.
6.2. Right to withdraw consent at any time – a person whose data are processed by the Controller on the basis of consent given (pursuant to Article 6(1)(a) or Article 9(2)(a) of the GDPR Regulation) has the right to withdraw consent at any time without affecting the lawfulness of processing based on consent before its withdrawal.
6.3. Right to lodge a complaint with a supervisory authority – a person whose data are processed by the Controller has the right to lodge a complaint with a supervisory authority in the manner and according to the procedure set out in the provisions of the GDPR Regulation and Polish law, in particular the Personal Data Protection Act. The supervisory authority in Poland is the President of the Personal Data Protection Office (PUODO).
6.4. Right to object – the data subject has the right to object at any time – on grounds relating to their particular situation – to processing of personal data concerning them which is based on Article 6(1)(e) (public interest or tasks) or (f) (legitimate interest of the controller), including profiling based on those provisions. In such a case, the Controller shall no longer process those personal data unless it demonstrates compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or grounds for the establishment, exercise or defence of 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 processing of personal data concerning them for such marketing, 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 point of the privacy policy, the Controller may be contacted by sending an appropriate message in writing or by email to the Controller's address indicated at the beginning of the privacy policy, or by using the contact form available on the Online Store website.
7. Cookies in the Online Store and Analytics
7.1. Cookies are small pieces of text information in the form of text files, sent by a server and saved on the side of the person visiting the Online Store website (e.g. on the hard drive of a computer or laptop, or on the memory card of a smartphone – depending on the device used by the visitor to our Online Store). Detailed information about Cookies, as well as the history of their creation, can be found, among other places, here: https://pl.wikipedia.org/wiki/HTTP_cookie.
7.2. The Online Store uses a Cookie management tool. On the first visit to the Online Store website, the visitor is shown a message enabling them to consent to Cookies other than strictly necessary ones, to refuse their use or to select individual categories of Cookies. Until a choice is made, Cookies other than strictly necessary ones should not be saved on the visitor's device.
7.3. Consent to Cookies may be changed or withdrawn at any time. The Cookie management tool available on the Online Store website is used for this purpose. Withdrawal of consent does not affect the lawfulness of the use of Cookies before its withdrawal.
7.4. Cookies which may be sent by the Online Store website can be divided into different types according to the following criteria:
| By provider: first-party (created by the Controller's Online Store website) and third-party (belonging to persons/entities other than the Controller) |
By retention period on the device of the person visiting the Online Store website: session (stored until logging out of the Online Store or closing the web browser) and persistent (stored for a specified period defined by the parameters of each file or until manually deleted) |
By purpose of use: strictly necessary (enabling the proper functioning of the Online Store website), functional/preference (enabling the Online Store website to be adapted to the preferences of the person visiting the website), analytical and performance (collecting information on how the Online Store website is used), marketing, advertising and social media (collecting information about the person visiting the Online Store website in order to display advertisements to that person, personalise them, measure their effectiveness and carry out other marketing activities, including on websites separate from the Online Store website, such as social networking sites or other websites belonging to the same advertising networks as the Online Store) |
7.5. The Controller may process data contained in Cookies when visitors use the Online Store website for the following specific purposes:
Purposes of using Cookies in the Controller's Online Store:
- identifying Service Recipients as logged in to the Online Store and showing that they are logged in (strictly necessary Cookies)
- remembering Products added to the basket in order to place an Order (strictly necessary Cookies)
- remembering data from completed Order Forms, surveys or login details for the Online Store (strictly necessary and/or functional/preference Cookies)
- adapting the content of the Online Store website to the individual preferences of the Service Recipient (e.g. regarding colours, font size, page layout) and optimising the use of the Online Store website (functional/preference Cookies)
- keeping anonymous statistics showing how the Online Store website is used (analytical and performance Cookies)
- displaying and rendering advertisements, limiting the number of times advertisements are displayed and ignoring advertisements that the Service Recipient does not wish to see, measuring the effectiveness of advertisements, as well as personalising advertisements, i.e. examining the behavioural characteristics of visitors to the Online Store through anonymous analysis of their actions (e.g. repeated visits to specific pages, keywords, etc.) in order to create their profile and deliver advertisements tailored to their anticipated interests, including when they visit other websites in the advertising network of Google Ireland Ltd. and Facebook, i.e. Meta Platforms Ireland Ltd. (marketing, advertising and social media Cookies)
7.6. It is possible to check which Cookies (including their duration and provider) are being sent at a given moment by the Online Store website using free tools available, among others, on the websites https://www.cookiemetrix.com/ and https://www.cookie-checker.com/.
7.7. As standard, most web browsers available on the market accept the saving of Cookies by default. Everyone can determine the conditions for the use of Cookies via the settings of their own web browser. This means that it is possible, for example, to partially restrict (e.g. temporarily) or completely disable the saving of Cookies – in the latter case, however, this may affect some functionalities of the Online Store (for example, it may prove impossible to complete the Order process via the Order Form because Products are not remembered in the basket during subsequent steps of placing the Order).
7.8. Web browser settings regarding Cookies are relevant with regard to consent to the use of Cookies by our Online Store – in accordance with the law, such consent may also be expressed via web browser settings. Detailed information on changing settings regarding Cookies and deleting them yourself in the most popular web browsers is available in the help section of the web browser and on the following pages (simply click on the relevant link):
7.9. The Controller may use in the Online Store the Google Analytics and Universal Analytics services provided by Google Ireland Limited (Gordon House, Barrow Street, Dublin 4, Ireland). These services help the Controller to keep statistics and analyse traffic in the Online Store. The data collected are processed within the above services to generate statistics helpful in administering the Online Store and analysing traffic in the Online Store. These data are aggregate in nature. By using the above services in the Online Store, the Controller collects data such as the sources and media through which visitors to the Online Store were acquired and their behaviour on the Online Store website, information about the devices and browsers from which they visit the website, IP address and domain, geographical data, as well as demographic data (age, gender) and interests.
7.10. A given person can easily block the sharing of information about their activity on the Online Store website with Google Analytics – for this purpose, it is possible, for example, to install a browser add-on provided by Google Ireland Ltd., available here: https://tools.google.com/dlpage/gaoptout?hl=pl.
7.11. In connection with the possibility of the Controller using advertising and analytical services provided by Google Ireland Ltd. in the Online Store, the Controller indicates that full information on the rules for the processing of data of visitors to the Online Store (including information stored in Cookies) by Google Ireland Ltd. can be found in the privacy policy of Google services available at: https://policies.google.com/technologies/partner-sites.
8. Final Provisions
8.1. The Online Store may contain links to other websites. The Controller encourages users, after moving to other websites, to read the privacy policy established there. This privacy policy applies only to the Controller's Online Store.
8.2. The Controller applies technical and organisational measures ensuring protection of the personal data processed appropriate to the risks and categories of data protected, and in particular secures data against disclosure to unauthorised persons, removal by an unauthorised person, processing in breach of applicable laws, and alteration, loss, damage or destruction.
8.3. The Controller accordingly provides the following technical measures to prevent unauthorised persons from obtaining and modifying personal data transmitted electronically:
8.3.1. Securing the data set against unauthorised access.
8.3.2. Access to the Account only after entering an individual login and password