§ 1. TERMS AND DEFINITIONS
2. MIA – it should be understood as the company MIA sp. z o.o. with headquarters in Krakow, Poland (National Court Register no.: 0000014077, Taxpayer Identification Number: 9441831901, National Business Registry Number: 357023651), address: ul. Józefa Marcika 25E/1 PL 30-443 Kraków, e-mail: firstname.lastname@example.org.
3. Administrator – it should be understood as MIA.
4. Buyer – it should be understood as a natural person, a legal person or an organizational unit that is not a legal person, to whom the special provisions grant legal capacity, which makes an Order within the Online Store. The Buyer can only be a person with full legal capacity within the meaning of the Civil Code.
5. Consumer – it should be understood as the Orderer or Buyer who is a natural person who performs a legal action with MIA not related directly to its business or professional activity, pursuant to the provisions contained in art. 221 of the Civil Code.
6. Entrepreneur – it should be understood as the Orderer or Buyer within the meaning of art. 4 of the Act of 6 March 2018 on Entrepreneurs’ Law.
7. Online store – it should be understood as an internet service available at www.inhumangear.com, through which the Buyer may, in particular, place Orders.
8. Website – means the website under which the Administrator operates an internet portal operating at www.inhumangear.com.
9. Terms and Regulations – it should be understood as the Online Store Terms and Regulations located at www.inhumangear.com.
11. Registration – it should be understood as filling in and accepting the registration form, available on the Online Store website, conditioned by the submission of a statement on reading and accepting the content of the Terms and Regulations and providing personal data marked as mandatory.
12. Cookies – means IT data, in particular small text files, saved and stored on devices through which the User uses the Website pages.
13. Administrator’s Cookies – means Cookies posted by the Administrator via the Website.
14. External Cookies – means Cookies placed by the Administrator’s partners via the Website.
15. Contract – it should be understood as a sales agreement within the meaning of the Civil Code, concluded between MIA and the Buyer, concluded using the Online Store.
16. Device – means any device through which the Website uses access to the Website.
17. Civil Code – it should be understood as the Act of 23 April 1964 (Journal of Laws from 1964 No. 16, item 93 with later amendments).
18. Entrepreneurs’ Act- this should be understood as the Act of March 6, 2018 (Journal of Laws of 2017, item No. of March 30, 2018).
19. Consumer Rights Act – it should be understood as the Act of 30 May 2014 on Consumer Rights (Journal of Laws of 2014, item 827).
20. GDPR – this should be understood as the REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL (EU) 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on free movement of such data and repealing Directive 95/46/EC (general regulation about data protection) (OJ UE.L.2016.119.1 of 2016.05.04).
§ 2 GENERAL PROVISIONS
2. The administrator of personal data is MIA.
4. The personal data of Buyers and other Website users are processed in accordance with the provisions of GDPR.
5. The Administrator takes special care to protect the interests of the data subjects, and in particular ensures that:
1) the data collected by him is processed in accordance with the law;
2) collected for specified, legitimate purposes and not subject to further processing incompatible with these purposes;
3) factually correct and adequate in relation to the purposes for which they are processed
4) stored in a form that permits the identification of persons to whom they relate, no longer than is necessary to achieve the purpose of processing.
6. The administrator uses appropriate technical, organizational and other means to process in accordance with GDPR and it such a way that it can be demonstrated. These funds are monitored on an ongoing basis and updated as necessary. The administrator uses technical measures to prevent acquisition and modification of personal data sent electronically by unauthorized persons.
7. The protection of information concerning Buyers and other Website users is a matter of great importance to the Administrator, therefore he makes every effort to ensure that everyone using the Website feels secure by entrusting the Administrator with their personal data when using the Website.
§3 PERSONAL DATA
1. Providing personal data is voluntary, however, it should be borne in mind that failure to provide the personal data indicated on the Online Store website and in the Online Store Terms and Regulations that are necessary for the conclusion and implementation of the Contract results in the inability to conclude this Contract.
2. In order to conclude and properly perform the Agreement, the Administrator may process the following personal data of Buyers and other users using the Online Store:
1) first and last name;
2) e-mail address;
3) contact phone number;
4) delivery address (street, house number, apartment number, zip code, city, country),
5) address of residence / business / seat (if different from the delivery address).
6) when the Buyer is not a Consumer, the Administrator may additionally process data such as the company name or the tax identification number (Taxpayer Identification Number) of the Buyer.
3. The Administrator processes personal data of the Buyers and other Website users in order to properly execute Contracts. These data are needed in particular to:
1) register in the Online Store,
2) conclude a Contract,
3) make settlements,
4) deliver Products ordered by the Buyer,
5) allow the Buyer to use all consumer rights, such as withdrawal from the contract or warranty.
4. If the Buyer or another User of the Website had given explicit consent to it, the Administrator may process his personal data in order to:
1) send his own commercial information regarding, for example, promotions,
2) personalize offers and advertisements addressed to Buyers and other Website users, visible on the Website,
3) make contact.
5. The Administrator stores personal data for the duration of the concluded Contract, as well as after its conclusion, only if it is permitted or required by law, for example: processing for statistical, billing or claims purposes – until the effective objection is notified, while data regarding statistical measurements and marketing, including analyzing and profiling data for marketing purposes, displaying profiled ads, products and services of third parties until prior consent is withdrawn.
6. In relation to the processing of personal data to the Buyer as well as to another User of the Website, to the extent to which they are affected, the following rights apply:
1) the right to access personal data – the person whom the data concerns has the right to request from the Administrator to access his personal data,
2) the right to rectify and limit the processing of personal data – the data subject has the right to request the Administrator to rectify and restrict the use of his personal data,
3) the right to delete personal data – the so-called “right to be forgotten”, the data subject has the right to request the administrator to delete his personal data immediately, and the administrator is obliged to delete this personal data if one of the circumstances referred to in art. 17 GDPR takes place
4) the right to object to the processing,
5) the right to transfer one’s personal data,
6) The right to be informed about rectification or deletion of personal data or to limit their processing,
7) the right to withdraw consent at any time – a person whose data is processed by the Administrator on the basis of expressed consent (pursuant to Art. 6 para. 1 (a)) or art. 9 para. 2 (a)) GDPR), has the right to withdraw consent at any time without affecting the legality of processing, which was made on the basis of consent before its withdrawal,
8) The right to lodge a complaint to the supervisory body – a person whose data is processed by the Administrator has the right to lodge a complaint to the supervisory body in a manner and mode specified in the provisions of GDPR and Polish law, in particular the Act of 10 May 2018 on personal data protection (OJ 2018.1000 dated 2018.05.2). The supervisory body in Poland is the President of the Office for Personal Data Protection,
9) Right to object – the data subject has the right to object to the processing of his personal data at any time – for reasons related to his particular situation,
10) The right to object to automated processing – the person whose data is processed has the right not to be subject to a decision which is based solely on automated processing, including profiling, and causes legal effects or substantially affects the person.
All the rights referred to above are discussed in greater detail in articles 15 to 22 of GDPR.
7. In order to exercise the rights referred to in para. 6 above, you can contact the Administrator by sending an appropriate message in a simple written form (by post) or by e-mail to the Administrator’s address indicated above.
§ 4 ENTRUSTING PERSONAL DATA
1. The Administrator may entrust the processing of personal data to entities cooperating with him in the scope that will be necessary to perform the Contract.
2. Entities that may be entrusted with the processing of personal data include:
1) MIA employees,
3) providers of electronic payment services,
4) accounting services providers,
5) other entities if it is necessary for the purposes of processing personal data.
§ 5 COOKIES
1. Cookies used by the Administrator are safe for the Buyer’s Device and other people using the Website. In particular, it is not possible for viruses or other unwanted software or malicious software to transfer into Devices. These files allow to identify the software used by the Buyer and other Website users and adjust the Website individually. Cookies as a rule contain the name of the domain from which they originate, their storage time on the Device and the assigned value.
2. The administrator uses two types of cookies:
1) Session cookies: they are stored on the Buyer’s Device and other Website users and remain there until the session of the given browser is terminated. The saved information is permanently deleted from the Device’s memory. The session cookies mechanism does not allow collection of any personal data or any confidential information from the Device.
2) Persistent cookies: they are stored on the User’s and Buyer’s Device and other Website users. They remain there until they are removed. Ending the session of a given browser or turning off the Device does not remove them from the Buyer’s Device and other Website users. The permanent cookies mechanism does not allow the collection of any personal data or any confidential information from the Device.
3. The Buyer and other users of the Website have the option of restricting or disabling access of Cookies to their Devices. If you use this option, the use of the Website will be possible, except for the functions that require cookies.
1) adapt content of the Website pages to the preferences of the users and optimize the use of websites of the portal.
2) recognize the Website User’s device and its location and properly display the website, tailored to his individual needs;
3) remember the settings selected by the Buyer and other Website users and personalize the interface,
4) remembering the history of visited pages on the site, which enables content recommendations.
1) maintain the Buyer’s session (after logging in), thanks to which the Buyer does not have to re-enter his login and password on every subpage of the Website;
2) correctly configure selected Website functions, allowing in particular verification of authenticity of the browser session.
3) optimize and increase the efficiency of services provided by the Administrator.
6. The Administrator uses his own cookies to implement the processes necessary for full functionality of websites, and in particular to:
1) adjust the content of Website pages to preferences of the Buyer and other Website users, and to optimize use of the Website’s websites;
2) correctly operate the affiliate program, allowing in particular verification of sources of redirection of the Buyer and other Website users to the Portal’s websites.
10. The service administrator uses external cookies to popularize the site using social networking services plus.google.com (administrator of external cookies: Google Inc. with its registered office in the USA).
11. The service administrator uses external cookies to popularize the site using social networks of Facebook.com (administrator of external cookies: Facebook Inc. with its registered office in the USA or Facebook Ireland based in Ireland).
12. The Buyer and other Website users may independently and at any time change the Cookie settings, specifying the terms of their storage and access to their Devices via Cookies. Changes to settings referred to in the previous sentence can be made using web browser settings or by using the service configuration. These settings can be changed, among other things, in such a way as to block the automatic handling of Cookies in the web browser settings, or inform each time that cookies are placed on the device of the Buyer and other Website users. Detailed information about the possibilities and ways of handling cookies are available in the settings of the web browser used.
13. The User may at any time delete cookies using the functions available in the web browser he uses.
§ 6 FINAL PROVISIONS