Privacy Policy
TABLE OF CONTENTS:
- GENERAL PROVISIONS
- This privacy policy of the Online Store (available at loudresses.com) is for informational purposes, meaning that it is not a source of obligations for Service Recipients or Customers of the Online Store. The privacy policy primarily contains the rules regarding the processing of personal data by the Administrator in the Online Store, including the bases, purposes, and scope of personal data processing, as well as the rights of data subjects, and information regarding the use of cookies and analytical tools in the Online Store.
- The Administrator of personal data collected through the Online Store is LOU SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office in Leszno (registered office and correspondence address: ul. Usługowa 5, 64-100 Leszno, Poland); entered into the Register of Entrepreneurs of the National Court Register under KRS number: 0001039749; the registry court where the company's documentation is kept: Sąd Rejonowy Poznań-Nowe Miasto i Wilda w Poznaniu IX Wydział Gospodarczy Krajowego Rejestru Sądowego; share capital: PLN 100,000.00; VAT ID (NIP): 6972311618; REGON: 302689485, email address: kontakt@lou.pl and contact telephone number: +48 22-873-88-88 - hereinafter referred to as the "Administrator" and being simultaneously the Service Provider of the Online Store and the Seller.
- Personal data in the Online Store are processed by the Administrator in accordance with 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 "GDPR". Official text of the GDPR: http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32016R0679
- Using the Online Store, including making purchases, is voluntary. Similarly, the provision of personal data by the Service Recipient or Customer using the Online Store is voluntary, subject to two exceptions: (1) concluding contracts with the Administrator - failure to provide personal data necessary for the conclusion and performance of a Sales Agreement or an agreement for the provision of an Electronic Service with the Administrator, in the cases and to the extent indicated on the Online Store's website and in the Terms and Conditions of the Online Store and this privacy policy, results in the inability to conclude that agreement. The provision of personal data is then a contractual requirement, and if the data subject wishes to conclude a given agreement with the Administrator, they are obliged to provide the required data. The scope of data required to conclude an agreement is always indicated in advance on the Online Store's website and in the Terms and Conditions of the Online Store; (2) statutory obligations of the Administrator - the provision of personal data is a statutory requirement arising from generally applicable laws imposing on the Administrator an obligation to process personal data (e.g., processing data for the purpose of keeping tax or accounting books), and failure to provide them will prevent the Administrator from fulfilling those obligations.
- The Administrator exercises special diligence to protect the interests of data subjects, and in particular is responsible and ensures that the data collected by him are: (1) processed lawfully; (2) collected for specified, lawful purposes and not further processed in a manner incompatible with those purposes; (3) materially correct 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 for the purposes for which the data are processed; 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.
- Taking into account the nature, scope, context and purposes of processing and the risk of varying likelihood and severity for the rights and freedoms of natural persons, the Administrator implements appropriate technical and organisational measures to ensure that processing is carried out in accordance with this Regulation and to be able to demonstrate this. These measures are reviewed and updated as necessary. The Administrator uses technical measures to prevent unauthorised persons from obtaining and modifying personal data transmitted electronically.
- All words, expressions and acronyms appearing in this privacy policy and starting with a capital letter (e.g., Seller, Online Store, Electronic Service) shall be understood in accordance with their definition contained in the Terms and Conditions of the Online Store available on the Online Store's website.
- BASES FOR DATA PROCESSING
- The Administrator is entitled 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 given consent to the processing of his or her personal data for one or more specified 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 Administrator is subject; or (4) processing is necessary for the purposes of the legitimate interests pursued by the Administrator 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.
- Processing of personal data by the Administrator always requires the existence of at least one of the bases indicated in point 2.1 of the privacy policy. The specific bases for processing personal data of Service Recipients and Customers of the Online Store by the Administrator are indicated in the next point of the privacy policy – in relation to the specific purpose of processing personal data by the Administrator.
- PURPOSE, BASIS AND PERIOD OF DATA PROCESSING IN THE ONLINE STORE
- Each time, the purpose, basis, period and scope of processing, as well as the recipients of personal data processed by the Administrator, result from the actions taken by a given Service Recipient or Customer in the Online Store. For example, if a Customer decides to make purchases in the Online Store and chooses personal collection of the purchased Product instead of courier delivery, his personal data will be processed for the purpose of performing the concluded Sales Agreement, but will not be shared with the carrier handling shipments on behalf of the Administrator.
- The Administrator may process personal data in the Online Store for the following purposes, on the following bases, for the following periods and to the following extent:
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 (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 is stored for the period necessary to perform, terminate or otherwise expire 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 automatic calling systems Article 6(1)(f) of the GDPR (legitimate interest of the administrator) – processing is necessary for the purposes of the legitimate interests pursued by the Administrator, which include direct marketing – consisting of caring for the interests and good image of the Administrator and his Online Store and striving to sell Products – for example, in connection with prior consent given by the data subject (e.g., when subscribing to the Newsletter) to receive commercial information using telecommunications terminal equipment such as email or telephone, depending on the scope of consent given Data is stored for the period of existence of the legitimate interest pursued by the Administrator, but no longer than the period of limitation of claims of the Administrator against the data subject arising from the Administrator's business activity. Limitation periods are specified by law, in particular the Civil Code (the basic limitation period for claims related to business activity is three years, and for a Sales Agreement two years).
The Administrator may not process data for direct marketing purposes in the event of an effective objection in this regard by the data subject.
Additionally, where the basis for processing is given consent, data is stored until the withdrawal of consent by the data subject for further processing of their data for the purpose specified in that consent, without affecting the lawfulness of processing carried out on the basis of consent before its withdrawal.Expression of an opinion by the Customer regarding the concluded Sales Agreement Article 6(1)(a) of the GDPR – the data subject has given consent to the processing of his or her personal data for the purpose of expressing an opinion Data is stored until the withdrawal of consent by the data subject for further processing of their data for this purpose. Keeping accounting books Article 6(1)(c) of the GDPR in conjunction with Article 86 § 1 of the Tax Ordinance or Article 74(2) of the Accounting Act – processing is necessary for compliance with a legal obligation to which the Administrator is subject Data is stored for the period required by law ordering the Administrator to keep tax (until the expiry of the limitation period for the tax liability, unless tax laws provide otherwise) or accounting records (5 years, starting from the beginning of the year following the financial year to which the data relates). Establishment, exercise or defence of claims that the Administrator may raise or that may be raised against the Administrator Article 6(1)(f) of the GDPR (legitimate interest of the administrator) – processing is necessary for the purposes of the legitimate interests pursued by the Administrator – consisting of the establishment, exercise or defence of claims that the Administrator may raise or that may be raised against the Administrator Data is stored for the period of existence of the legitimate interest pursued by the Administrator, but no longer than the period of limitation of claims that may be raised against the Administrator (the basic limitation period for claims against the Administrator is six years). Using the Online Store website and ensuring its proper functioning Article 6(1)(f) of the GDPR (legitimate interest of the administrator) – processing is necessary for the purposes of the legitimate interests pursued by the Administrator – consisting of operating and maintaining the Online Store website Data is stored for the period of existence of the legitimate interest pursued by the Administrator, but no longer than the period of limitation of claims of the Administrator against the data subject arising from the Administrator's business activity. Limitation periods are specified by law, in particular the Civil Code (the basic limitation period for claims related to business activity is three years, and for a Sales Agreement two years). Conducting statistics and analysing traffic in the Online Store Article 6(1)(f) of the GDPR (legitimate interest of the administrator) – processing is necessary for the purposes of the legitimate interests pursued by the Administrator – consisting of conducting statistics and analysing traffic in the Online Store in order to improve the functioning of the Online Store and increase Product sales Data is stored for the period of existence of the legitimate interest pursued by the Administrator, but no longer than the period of limitation of claims of the Administrator against the data subject arising from the Administrator's business activity. Limitation periods are specified by law, in particular the Civil Code (the basic limitation period for claims related to business activity is three years, and for a Sales Agreement two years).
- RECIPIENTS OF DATA IN THE ONLINE STORE
- For the proper functioning of the Online Store, including the performance of concluded Sales Agreements, it is necessary for the Administrator to use the services of external entities (such as, for example, software provider, courier, or entity handling payments). The Administrator only uses the services of such processing entities that provide sufficient guarantees to implement appropriate technical and organisational measures so that the processing meets the requirements of the GDPR and protects the rights of data subjects.
- Personal data may be transferred by the Administrator to a third country, provided that the Administrator ensures that in such a case it will take place in relation to a country ensuring an adequate level of protection – in accordance with the GDPR, and in the case of other countries, that the transfer will take place on the basis of standard data protection clauses. The Administrator ensures that the data subject has the possibility to obtain a copy of their data. The Administrator transfers collected personal data only when and to the extent necessary to achieve the given purpose of data processing in accordance with this privacy policy.
- The transfer of data by the Administrator does not occur in every case and not to all recipients or categories of recipients indicated in the privacy policy – the Administrator transfers data only when it is necessary to achieve the given purpose of processing personal data and only to the extent necessary to achieve it. For example, if a Customer uses personal collection, his data will not be transferred to the carrier cooperating with the Administrator.
- Personal data of Service Recipients and Customers of the Online Store may be transferred to the following recipients or categories of recipients:
- carriers / freight forwarders / courier brokers / entities handling the warehouse and/or shipping process – in the case of a Customer who uses the method of delivery of the Product by postal or courier shipment in the Online Store, the Administrator makes the collected personal data of the Customer available to the selected carrier, freight forwarder or intermediary handling shipments on behalf of the Administrator, and if the shipment is from an external warehouse – to the entity handling the warehouse and/or shipping process – to the extent necessary to deliver the Product to the Customer.
- entities handling electronic or payment card payments – in the case of a Customer who uses electronic payments or payment card payments in the Online Store, the Administrator 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 Administrator, to the extent necessary to handle the payment made by the Customer.
- lenders / lessors – in the case of a Customer who uses an instalment payment or lease payment method in the Online Store, the Administrator makes the collected personal data of the Customer available to the selected lender or lessor handling the above payments in the Online Store on behalf of the Administrator, to the extent necessary to handle the payment made by the Customer.
- providers of services supplying the Administrator with technical, IT and organisational solutions enabling the Administrator to conduct business activity, including the Online Store and Electronic Services provided through it (in particular, providers of computer software for operating the Online Store, email and hosting providers, and providers of software for company management and providing technical assistance to the Administrator) – the Administrator makes the collected personal data of the Customer available to the selected provider acting on his behalf only when and to the extent necessary to achieve the given purpose of data processing in accordance with this privacy policy.
- providers of accounting, legal and advisory services providing the Administrator with accounting, legal or advisory support (in particular, an accounting office, law firm or debt collection company) – the Administrator makes the collected personal data of the Customer available to the selected provider acting on his behalf only when and to the extent necessary to achieve the given purpose of data processing in accordance with this privacy policy.
- providers of social plugins, scripts and other similar tools placed on the Online Store's website enabling the browser of the person visiting the Online Store's website to download content from the providers of the aforementioned plugins (e.g., logging in using login details to a social networking site) and, for this purpose, transferring personal data of the visiting person to these providers, including:
- Google Ireland Limited – The Administrator uses Google tools and services on the Online Store's website (e.g., logging in with a Google account, Google Analytics, Google Ads), therefore collects and shares the Service Recipient's personal data with Google Ireland Limited (Gordon House, Barrow Street, Dublin 4, Ireland) to the extent and in accordance with the privacy policy available at: https://policies.google.com/privacy. (This data may include information about activity on the Online Store's website, device, approximate location, online identifiers, and interactions with ads).
- LinkedIn Ireland Unlimited Company – The Administrator uses LinkedIn plugins and tools on the Online Store's website (e.g., logging in with a LinkedIn account), therefore collects and shares the Service Recipient's personal data with LinkedIn Ireland Unlimited Company (Wilton Plaza, Wilton Place, Dublin 2, Ireland) to the extent and in accordance with the privacy policy available at: https://www.linkedin.com/legal/privacy-policy. (This data may include information about activity on the Online Store's website, device, and interactions with LinkedIn content and features).
- Apple Distribution International Ltd. – The Administrator uses tools on the Online Store's website that allow logging in with an Apple account (Apple ID), therefore collects and shares the Service Recipient's personal data with Apple Distribution International Ltd. (Hollyhill Industrial Estate, Hollyhill, Cork, Ireland) to the extent and in accordance with the privacy policy available at: https://www.apple.com/legal/privacy/en/. (This data may include user identifiers, email address, and information about the use of the login feature).
- PROFILING IN THE ONLINE STORE
- The GDPR imposes on the Administrator an obligation to inform about automated decision-making, including profiling referred to in Article 22(1) and (4) of the GDPR, 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 Administrator provides in this point of the privacy policy information regarding possible profiling.
- The Administrator may use profiling in the Online Store for direct marketing purposes, but decisions made on its basis by the Administrator do not concern the conclusion or refusal to conclude a Sales Agreement, or the ability to use Electronic Services in the Online Store. The result of using profiling in the Online Store may be, for example, granting a discount to a given person, sending a discount code, reminding about unfinished purchases, sending a proposal for a Product that may match the interests or preferences of a given person, or offering better conditions compared to the standard offer of the Online Store. Despite profiling, the person freely decides whether they want to take advantage of the discount or better conditions received in this way and make a purchase in the Online Store.
- Profiling in the Online Store consists of automatic analysis or prediction of a given person's behaviour on the Online Store's 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 history of past purchases made in the Online Store. A condition for such profiling is that the Administrator has the personal data of the given person in order to be able to send them, for example, a discount code.
- 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 him or her or similarly significantly affects him or her.
- RIGHTS OF THE DATA SUBJECT
- Right of access, rectification, restriction, erasure or portability – the data subject has the right to request from the Administrator access to their personal data, rectification, erasure ("right to be forgotten") or restriction of processing, and has the right to object to processing, as well as the right to data portability. Detailed conditions for exercising the above-mentioned rights are indicated in Articles 15-21 of the GDPR.
- Right to withdraw consent at any time – if the data subject's data is processed by the Administrator on the basis of given consent (under Article 6(1)(a) or Article 9(2)(a) of the GDPR), the data subject has the right to withdraw consent at any time without affecting the lawfulness of processing carried out on the basis of consent before its withdrawal.
- Right to lodge a complaint with a supervisory authority – the data subject whose data is processed by the Administrator has the right to lodge a complaint with a supervisory authority in the manner and procedure specified in the provisions of the GDPR and Polish law, in particular the Personal Data Protection Act. The supervisory authority in Poland is the President of the Personal Data Protection Office.
- Right to object – the data subject has the right to object at any time, on grounds relating to his or her particular situation, to the processing of his or her personal data based on Article 6(1)(e) (public interest or task) or (f) (legitimate interest of the administrator), including profiling based on those provisions. In such a case, the Administrator may no longer process those personal data unless he 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 legal 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 their personal data 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 point of the privacy policy, you may contact the Administrator by sending an appropriate message in writing or by email to the Administrator's address indicated at the beginning of the privacy policy, or using the contact form available on the Online Store's website.
- COOKIES IN THE ONLINE STORE AND ANALYTICS
- Cookies are small text information in the form of text files, sent by the server and stored on the side of the person visiting the Online Store's website (e.g., on the hard drive of a computer, laptop, or on a smartphone's memory card – depending on which device the visitor uses to visit our Online Store). Detailed information about Cookies, as well as the history of their creation, can be found, among others, here: https://en.wikipedia.org/wiki/HTTP_cookie.
- The Administrator may make available on the Online Store's website a tool for easy and active management of Cookies – available after the first entry to the Online Store's website, and then available in the footer on the Online Store's website. Active management allows, among others, to check which Cookies are or may be stored while using the Online Store's website, as well as to choose and later change the scope and purposes of using Cookies in relation to the device and the person visiting the Online Store's website. Upon starting to use the Online Store's website, the visitor will be asked to select settings regarding Cookies. It is possible to change them later by changing the settings within this tool available on the website.
- In this privacy policy, the Administrator provides a number of information regarding the use of Cookies on the Online Store's website, their types and purposes of use, and management using, for example, browser settings and/or the Cookie management tool available on the Online Store's website. The Administrator encourages the use of the Cookie management tool available on the Online Store's website, which allows for easy active management of Cookies while using the Online Store's website, and in the event of its unavailability, to read the following information regarding, among others, Cookie management from the browser level.
- Cookies that may be sent by the Online Store's website can be divided into different types, according to the following criteria:
- Due to their provider:
- first-party (created by the Administrator's Online Store website) and
- third-party (other than the Administrator)
- Due to their storage period on the device of the person visiting the Online Store's website:
- session (stored until logging out of the Online Store or turning off the web browser) and
- persistent (stored for a specific period, defined by the parameters of each file, or until manually deleted)
- Due to their purpose:
- necessary (enabling the proper functioning of the Online Store's website),
- functional/preferential (enabling the adaptation of the Online Store's website to the preferences of the website visitor),
- analytical and performance (collecting information about how the Online Store's website is used),
- marketing, advertising and social (collecting information about the person visiting the Online Store's website in order to display advertisements to that person, personalise them, measure effectiveness and carry out other marketing activities, including on websites other than the Online Store's website, such as social networking sites or other websites belonging to the same advertising networks as the Online Store)
- Due to their provider:
- The Administrator may process data contained in Cookies during visitors' use of the Online Store's website for the following specific purposes:
Purposes of using Cookies in the Administrator's Online Store identifying Service Recipients as logged into the Online Store and showing that they are logged in (necessary Cookies) remembering Products added to the cart in order to place an Order (necessary Cookies) remembering data from completed Order Forms, surveys or login details for the Online Store (necessary and/or functional/preferential Cookies) adapting the content of the Online Store's website to individual preferences of the Service Recipient (e.g., regarding colours, font size, page layout) and optimizing the use of the Online Store's websites (functional/preferential Cookies) conducting anonymous statistics showing how the Online Store's website is used (analytical and performance Cookies) displaying and rendering advertisements, limiting the number of ad displays and ignoring ads that the Service Recipient does not want to see, measuring advertising effectiveness, and personalising advertisements, i.e., examining the behaviour 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 predicted interests, also 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 Cookies) - Checking which Cookies are being sent at a given moment by the Online Store's website is possible, regardless of the web browser, using tools available, for example, at: https://www.cookiemetrix.com or https://www.cookie-checker.com.
- Typically, most web browsers available on the market accept the storage of Cookies by default. Everyone has the possibility to determine the conditions of using 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 this latter case, however, this may affect some functionalities of the Online Store (for example, it may be impossible to go through the Order path via the Order Form due to not remembering Products in the basket during subsequent steps of placing an Order).
- Web browser settings regarding Cookies are important from the perspective of consent to the use of Cookies by our Online Store – according to the law, such consent may also be expressed through web browser settings. Detailed information on changing settings regarding Cookies and their manual deletion in the most popular web browsers is available in the help section of the web browser and on the following pages (just click on the relevant link):
- The Administrator may use Google Analytics, GA4 services provided by Google Ireland Limited (Gordon House, Barrow Street, Dublin 4, Ireland) in the Online Store. These services help the Administrator to conduct statistics and analyse traffic in the Online Store. The collected data is processed within the above-mentioned services to generate statistics useful in administering the Online Store and analysing traffic in the Online Store. This data is aggregated. When using the above-mentioned services in the Online Store, the Administrator collects data such as the sources and medium of acquisition of visitors to the Online Store and their behaviour on the Online Store's website, information about the devices and browsers they use to visit the website, IP address and domain, geographical data and demographic data (age, gender) and interests.
- It is possible for a given person to easily block sharing information about their activity on the Online Store's website with Google Analytics – for this purpose, you can, for example, install a browser add-on made available by Google Ireland Ltd. available here: https://tools.google.com/dlpage/gaoptout?hl=en.
- In connection with the possibility of the Administrator using advertising and analytical services provided by Google Ireland Ltd. in the Online Store, the Administrator indicates that complete information on the rules of processing personal 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.
- The Administrator may use the Meta Pixel service provided by Meta Platforms Ireland Limited (4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland) in the Online Store. This service helps the Administrator measure the effectiveness of advertisements and learn what actions visitors to the Online Store are taking, as well as display tailored advertisements to these persons. Detailed information about the operation of the Meta Pixel can be found at the following website: https://www.facebook.com/business/help/742478679120153?helpref=page_content.
- Managing the operation of the Meta Pixel is possible through the ad settings in your Facebook.com account: https://www.facebook.com/ads/preferences/?entry_product=ad_settings_screen.
- FINAL PROVISIONS
- The Online Store (loudresses.com) may contain links to other websites. The Administrator encourages that after moving to other websites, you read the privacy policy established there. This privacy policy applies only to the Administrator's Online Store available at loudresses.com.