Privacy policy and consent management
PERSONAL DATA PROTECTION / ELECTRONICALLY PROVIDED SERVICES COOKIES
(1) In accordance with the Personal Data Protection Act of May 10, 2018 on the protection of personal data, the Seller undertakes to protect the Customers' personal data including in accordance with the Regulation of the European Parliament and of the Council (EU) 2016/679 of April 27, 2016 on the protection of natural persons in relation to the processing of personal data and on the free flow of such data and repealing Directive 95/46/EC (Official Journal of the EU.L 2016 No. 119) (RODO), the Seller informs that, as the administrator of the Customer's data, it provides the following data and information on the processing of personal data:
The administrator of the personal data is: SCHMITH POLSKA SPÓŁKA AKCYJNA, with registered office at Szkolna 3 Street, Kulice, 83-130 Pelplin, registered in the Register of Entrepreneurs of the National Court Register by the District Court Gdańsk North in Gdańsk, VII Economic Department of the National Court Register under the number 0000500233, NIP 5932596525, share capital 150 000 PLN.
Pursuant to Article 6(1)(b) and (c) and (f) of the General Data Protection Regulation of April 27, 2016, the Customer's personal data will be processed for the purpose of providing the electronic service in the form of an online store, order fulfillment (i.e. fulfillment of obligations arising from the sales contract and fulfillment of potential claims of the Customer under a complaint or warranty), as well as for the purpose of defense against possible legal claims of the Customer under the concluded contract, as well as for the purpose of asserting claims against payment or coverage of costs whose reimbursement is due to the Seller under the provisions of law;
Recipients of the Customer's personal data will be server operators, Internet providers of the sales platform on which the Store operates, courier companies and/or other entities performing delivery of goods, external suppliers (distributors of the manufacturer of the guarantor or the guarantor itself) in the case of the dropshipping model, as well as tax advisors and accountants, and in the defense against claims or the assertion of claims, authorized representatives or companies (law firms) of law or debt collection;
Your personal data will be stored for the period of existence of your account in the online store or the statute of limitations for claims arising from the concluded contract;
Provision of personal data by you as a Customer is voluntary, but it is necessary in order to conclude a contract with the Seller. The Customer has the right to access his/her data and the right to rectification, the right to erasure, the right to limit processing and the right to data portability.
The Customer has the right to lodge a complaint with the President of the Office for Personal Data Protection if he/she considers the processing of personal data concerning the Customer violates the provisions of the General Data Protection Regulation of April 27, 2016.
(2) The Customer may give additional consent to receive information related to the activities of the Seller to the e-mail address (information about new products, services and promotions offered by the store - newsletter, e-mailing).
(3) Personal data are not shared with other entities for marketing purposes, unless the Customer has given his consent.
(4) In order to exercise the rights of the Customer - the Seller by means of the sales platform on which the store operates ensures that Customers who have an account, after logging into it, can: delete it themselves, change the acceptance of the consents given, download the regulations and privacy policy in PDF format and download in ZIP file information about their personal data processed by the Store.
(5) Entrusted personal data shall be stored in accordance with the principles and safeguards in accordance with the requirements of the applicable laws of the Republic of Poland, such as:
The Act of 29.08.1997 on personal data protection (Journal of Laws No. 101 of 2002, item 926, as amended),
The Act of 18.07.2002 on the provision of electronic services (Journal of Laws No. 144, item 1204, as amended),
Regulation of the Minister of Internal Affairs and Administration of 29.04.2004 on documentation of personal data processing and technical and organizational conditions which should be met by devices and IT systems used for personal data processing (Journal of Laws No. 1024)
Regulation of the European Parliament and of the Council (EU) 2016/679 of April 27, 2016 on the protection of natural persons in relation to the processing of personal data and on the free flow of such data and repealing Directive 95/46/EC (Official Journal of the EU.L 2016 No.119)
(6) Details of privacy behavior are placed in the provisions of the privacy policy.
7. details of the rules for the provision of services by electronic means are placed in the regulations for the provision of services by electronic means and details of the cookie policy are placed in the cookie policy.
POLICY - REGULATIONS AND RULES OF ELECTRONIC PROVISION OF SERVICES
Pursuant to the Act of July 18, 2002 on the provision of services by electronic means (Journal of Laws of 2002 No. 144 item 1204 as amended) SCHMITH POLSKA SPÓŁKA AKCYJNA shall issue and adopt the Regulations defining in particular the types and scope of services provided by electronic means, conditions for the provision of such services, including technical and prohibitions on the delivery of illegal content, privacy policy, conditions for the conclusion and termination of agreements on the provision of services by electronic means, conditions for the transmission of commercial information and the procedure for complaints.
Definitions of termś used in the Regulations for services provided electronically.
a. Act - the Act on Providing Services by Electronic Means of July 18, 2002 (Journal of Laws 2002 No. 144, item 1204),
b. General Data Protection Regulation - the Regulation of the European Parliament and of the Council (EU) 2016/679 of April 27, 2016 on natural persons in relation to the processing of personal data and on the free flow of such data and repealing Directive 95/46/EC (Official Journal of the EU.L 2016 No. 119)
c. ICT system - a set of cooperating IT devices and software, providing for processing and storing also sending and receiving data via telecommunication networks by means of a terminal device appropriate for a given type of network, as defined in the Telecommunications Law,
d. Services provided electronically - the performance of a service that occurs by sending and receiving data via data communications systems at the individual request of the Service Recipient, without the simultaneous presence of the parties, whereby the data are transmitted via public networks within the meaning of the Telecommunications Law,
e. Means of electronic communication - technical solutions, including ICT devices and cooperating software tools, allowing individual communication at a distance using data transmission between ICT systems, in particular electronic mail,
f. Service Provider - SCHMITH POLSKA SPÓŁKA AKCYJNA, with registered office at Szkolna 3, Kulice, 83-130 Pelplin, registered in the Register of Entrepreneurs of the National Court Register by the District Court Gdańsk North in Gdańsk, VII Economic Department of the National Court Register under the number 0000500233, NIP 5932596525, share capital 150 000 PLN.
g. Customer - an entity using the services of the Service Provider who is a party to the agreement for the provision of services being a natural person, legal person or organizational unit without legal personality, who undertakes to comply with these Regulations. A customer is also an entity that orders the provision of certain services electronically under the terms and conditions set forth below.
h. Technical specification - a set of information about the Service Provider's ICT system and the technical requirements necessary for the system to work together.
By ordering a service, the Customer confirms that he/she has read its description, the terms and conditions of its provision by the Service Provider and the Terms and Conditions, and declares that he/she accepts all provisions of the Terms and Conditions.
Types and scope of services provided electronically.
(1) The Service Provider shall provide services electronically, in particular:
a. Newsletter.
b. Contact form.
c. Online store customer account.
e. Claim form.
f. Return request form.
The service provider also provides services on the basis of separate agreements, the subject of which is the provision of services by electronic means.
Conditions for providing services electronically.
1. the Service Provider shall provide services to the Client to the extent and under the conditions specified in these Regulations or an individual offer, if t has been submitted and accepted by the Client.
2. the Client undertakes to comply with these regulations.
3. the service recipient is obliged to comply with the prohibition on the misuse of electronic communications and not to deliver the following content through or to the service provider's data communications system:
a. Causing a disturbance or overload of the ICT systems of the Service Provider or other entities participating directly or indirectly in the provision of electronic services,
b. Violate the welfare of third parties, generally accepted social norms or are inconsistent with generally applicable laws.
4. the Service Recipient has the right to expect access to the full functionality of the Package at any time, except for the time required for upgrading, updating, maintenance or the occurrence of other fortuitous events. The Service Provider undertakes to carry out maintenance work at times that are as inconvenient as possible for Users.
(5) The Service Provider shall inform the User about the planned interruption of access to the services provided via the website and e-mail.
(6) The Service Provider shall provide the Service Recipients with the secrecy of communication called "telecommunications secrecy", which includes information transmitted on the public Internet network, data concerning and entered by the Service Recipients only within the Service Provider's ICT system and only in the event that the information covered by "telecommunications secrecy" is not public in principle or its disclosure is not necessary for the proper provision of the service to which it relates. Information covered by the "telecommunications secret" may be disclosed only in cases specified by the contract or by law.
(7) Information covered by "telecommunications secrecy" may be processed by the Service Provider only if its processing is the subject of the service provided to Service Recipients, is necessary for its proper performance or supervision of the proper operation of the Service Provider's ICT system.
(8) Access to information, about changes in the manner and scope of the provision of services by the Service Provider and the information required to be provided to the Service Recipients under Article 6 of the Law on Provision of Services by Electronic Means, the Service Provider shall be implemented through the website and/or through an informational guide transmitted by e-mail.
(9) Detailed technical requirements necessary for cooperation with the Service Provider's information and communication system shall be placed in the provisions of these store regulations.
Conditions for conclusion and termination of contracts.
(1) The Service Provider undertakes to begin providing services no later than 3 working days from the date of conclusion of the contract or 3 working days from the moment of registration on the Service Provider's website.
(2) Promotional or commercial information shall be deemed to have been ordered if the Client has consented̨ to receive such information, by registering in the Service Provider's computer system, in particular, provided an electronic address identifying him for this purpose.
(3) The Service Recipient may at any time resigń from receiving offers oŕ modifý his/her settings via the Website or by direct contact via e-mail or telephone.
(4) The cancellation referred to in para. 3 above shall be tantamount to termination of the contract for the provision of electronic services in this regard.
(5) The customer may at any time resign from the services provided electronically within the framework of enabling purchase - by liquidating his account.
Mode of complaint procedure for electronic services.
(1) Complaints may be filed on account of:
a. Failure, through the fault of the Service Provider, to meet the deadline specified in the contract for the commencement of services to the Service Recipient,
b. Non-performance, improper performance of services or defective billing.
(2) The complaint must be in writing under pain of nullity.
(3) A complaint may be filed within 30 days from the date on which the service was performed or was to be performed.
(4) A complaint about the non-performance or improper performance of a service must include, in particular, its subject and the circumstances justifying it
(5) The Service Provider shall consider complaints within 14 days, counting from the day of its filing.
(6) In case of violation of the terms of the complaint procedure, the complaint may not be recognized.
In matters not regulated by these rules of electronic services, the provisions of the Civil Code (Journal of Laws 1964 No. 16, item 93, as amended), the Act on Providing Services by Electronic Means (Journal of Laws 2002 No. 144, item 1204, as amended) and other provisions of generally applicable law shall apply.
Competent to resolve disputes arising from these Regulations is the common court with jurisdiction over the registered office of the Service Provider, except when the Customer is a Consumer.
PRIVACY POLICY / PERSONAL DATA
(1) The Administrator of personal data of the Customers (Shop Users) is the Service Provider, i.e. SCHMITH POLSKA SPÓŁKA AKCYJNA, with its registered office at Szkolna 3, Kulice, 83-130 Pelplin, registered in the Register of Entrepreneurs of the National Court Register by the District Court Gdańsk North in Gdańsk, VII Economic Department of the National Court Register under the number 0000500233, NIP 5932596525, share capital PLN 150 000.
(2) The processing of personal data is carried out in accordance with the principles set out in the General Data Protection Regulation, the Act on the Protection of Personal Data, the Act on Providing Electronic Services and the provisions of these Regulations.
(3) Pursuant to Article 6(1)(a) of the General Data Protection Regulation, in the case of services concerning the provision of commercial information, the Client's personal data will be processed on the basis of the Client's consent for the purpose of sending commercial information to the e-mail address provided by the Client and contacting the Client about the goods and services offered by the Service Provider.
(4) Pursuant to Article 6(1)(b) of the General Data Protection Regulation, the Client's personal data in the case of services related to the processing of orders (contracts) concluded through the Store shall be processed for the purpose of providing electronic services aimed at enabling the conclusion of contracts for the sale of goods offered by the Service Provider and the submission of complaints by the Client, as well as for the purpose of defense against any legal claims by the Client for the provision of electronic services and against possible warranty claims;
(5) Personal data collected by the Service Provider may be made available to:
1) appropriate state authorities at their request under the relevant legislation,
2) other persons and entities - in cases provided by law or cooperating with the administrator in accordance with the provisions of the store regulations;
6. processing of personal data of Service Recipients and the personal data entered by them concerns:
(a) data necessary for sending commercial information to which the Customer has agreed to receive or its transmission is legally permissible: email addresses, first name (optional);
b) data necessary to send information through the Contact Form: email addresses;
c) identification data of the customer when setting up an account in the online store: name and surname, mailing address, email address, telephone number, login, password, in the case of a company - company name and NIP, other data indicated by the Customer for the purpose of delivery of goods and issuing an invoice;
d) identification data of customers using the Store for business-to-consumer (B2C) relations, name, email address, telephone number, pickup and delivery address;
e) identification data necessary to report a complaint on the Warranty Claim Form, including, but not limited to, first and last name, mailing address, telephone number, email address, Warranty Claim Form (warranty): first and last name, mailing address, telephone number, email address, bank account number;
f) data necessary for the operation of the B2B system including name, address, email address, tax ID number and other registration data
g) the aforementioned data as necessary for the consideration of the complaint procedure or other as a result of the exercise of consumer rights;
h) data necessary for the Administrator's legitimate interests, including but not limited to the assertion of claims and/or promotion and marketing activities of the Administrator, In accordance with Article 6(1)(f) of the General Data Protection Regulation.
(7) The Service Provider shall provide appropriate technical and organizational measures to ensure the security of personal data provided by users, in particular to prevent access to them by third parties or their processing in violation of the law, to prevent data loss, damage or destruction.
(8) Customer's Service Recipient data shall be processed:
(a) in the case of service, provision of commercial information - until the cessation of direct marketing activities in the form of sending commercial information on products offered by the Service Provider or withdrawal of consent;
b) in the case of the service, contact response to an inquiry - until the completion of contact on the matter reported in the contact form;
c) in the case of services, related to the processing of orders (contracts) concluded through the Store www.schmith.pl for the period of existence of the account under the services or the statute of limitations for claims arising from the concluded contract.
d) by the manufacturer or supplier of goods for all actions necessary for the consideration of the complaint procedure or other as a result of the exercise of consumer rights.
(9) Provision of personal data by the Customer is voluntary, but is necessary for the Service Provider to provide electronic services. The Service Recipient has the right to access the content of his data and the right to rectification, the right to erasure, the right to limit processing and the right to data portability.
(10) The Service Recipient has the right to lodge a complaint with the President of the Office for Personal Data Protection if he considers that the processing of personal data concerning the Service Recipient violates the provisions of the General Data Protection Regulation of April 27, 2016.
(11) To exercise the above rights, please contact the Data Controller, / designated employee; contact details: phone number +48 887 070 305
(12) After the termination of the Customer's use of the services provided by the Service Provider, as a result of termination, refusal to accept changes to the regulations, the Customer's personal data may be processed to the extent necessary for the following purposes:
1) to assert claims or liability in connection with the Client's violation of laws and regulations,
2) to ascertain whether the Customer's use of the services was in compliance with the Regulations and the law,
3) realization of other justified purposes of the personal data controller
The Customer is responsible for the accuracý and timelinesś of the personal data provided. In case of reasonable doubt as to the accuracy of the data, the Service Provider shall have the right to require documentation of the accuracy of the data by the Customer of the Service Provider̨. The processing of personal data will take placé on the terms indicated in the provisions of the Regulations. If consent is given by the Client Service Recipient̨, it is always voluntary.
COOKIE POLICY
This Cookies Policy establishes the rules for the use of cookies on the website administered by SCHMITH POLSKA SPÓŁKA AKCYJNA under the domainwww.schmith.pl.
§ 1 Definitions - with regard to the cookies policy
1) Operator of the Website - means SCHMITH POLSKA SPÓŁKA AKCYJNA, with registered office at Szkolna 3, Kulice, 83-130 Pelplin, registered in the Register of Entrepreneurs of the National Court Register by the District Court Gdańsk North in Gdańsk, VII Economic Division of the National Court Register under the number 0000500233, NIP 5932596525, share capital of 150 000 PLN.
2) Cookies - means computer data, in particular small text files, recorded and stored on devices through which the Customer uses the Website.
3. Service - means the website under which the Operator operates the Internet service, operating in the domainwww.schmith.pl
4. Device - means an electronic device through which the Customer accesses the websites of the Service.
5. Customer - means the entity to which the services of the Website may be provided.
Types of cookies used.
(1) The cookies used by the Operator are safe for the User's Device. In particular, by this means it is not possible for viruses or other unwanted software or malware to get into the Users' Devices. These files allow to identify the software used by the Customer and to customize the Website to the individual needs of the User. Cookies usually contain the name of the domain from which they originate, the time they are stored on the Device and the assigned value.
(2) The Operator uses two types of cookies:
(a) session cookies: they are stored on the Customer's Device and remain there until the session of a given browser ends. The stored information is then permanently deleted from the Device's memory. The mechanism of session cookies does not allow the collection of any personal data or any confidential information from the User's Device.
b) Persistent cookies: they are stored on the Client's Device and remain there until they are deleted. Ending the session of a given browser or switching off the Device does not delete them from the User Device. The mechanism of persistent cookies does not allow the collection of any personal data or any confidential information from the User Device.
(3) The Customer has the option to limit or disable access of cookies to his Device. If this option is used, the use of the Website will be possible with restrictions, i.e., except for functions that by their nature require cookies
Purposes for which cookies are used.
Cookies are used on the Website for statistical purposes (regarding visit statistics) and to ensure proper operation of the Website and to provide more tailored content.
(1) The Operator of the Website uses cookies to correctly configure the Website, and in particular to:
a) adapting the content of the Website to the Client's preferences and optimizing the use of the Website's pages.
b) possibility of logging into the Website
c) maintaining the Client's login on each subsequent page of the Service.
Management of cookies.
(1) The Client may grant or refuse permission for the use of cookies through the settings of his/her browser. These settings can be changed, in particular, in such a way as to block the automatic handling of cookies in the settings of the web browser or inform about each time cookies are placed on the User's device. Detailed information on how to handle cookies is available in the settings of your web browser.
Information on how to change the settings of web browsers regarding the use of cookies is contained below:
(2) The customer can delete cookies at any time using the available functions in the web browser used by the customer.
(3) Restricting the use of cookies, may affect some (including essential) functionalities available on the Website.