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PRIVACY POLICY

§1 Data controller

  1. The controller of the personal data of Buyers and users of the online store available at misoui.com (hereinafter: the "Store") is Misoui Jakub Kasperek, ul. Staszica 13, 63-000 Środa Wielkopolska, Poland, NIP: 7773180692, REGON: 389921997 (hereinafter: the "Controller").
  2. The Controller may be contacted regarding personal data processing matters via the contact form available in the Store, by e-mail at: hello@misoui.com, or by telephone at: +48 602 382 875.

§2 Legal basis for processing

  1. Personal data is processed in accordance with:
    1. 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, "GDPR");
    2. the Polish Personal Data Protection Act of 10 May 2018, as amended;
    3. the Polish Act on the Provision of Electronic Services of 18 July 2002, as amended;
    4. the Polish Act of 12 July 2024 – Law on Electronic Communications (Dz.U. of 2024, item 1221), with respect to cookies and similar technologies.

§3 Purposes and legal bases of processing

  1. The purpose of processing the Buyer's personal data by the Controller, provided by the Buyer in connection with purchases made in the Store, is the fulfilment of orders. The legal basis for processing personal data is:
    1. the sales contract or actions taken at the Buyer's request aimed at concluding it (Article 6(1)(b) GDPR),
    2. a legal obligation incumbent on the Controller relating to accounting (Article 6(1)(c) GDPR), and
    3. the Controller's legitimate interest, consisting in processing data in order to establish, pursue or defend against possible claims (Article 6(1)(f) GDPR).
  2. In addition to order fulfilment, personal data may also be processed for the purposes and on the bases described below:
    1. managing the user's account in the Store and enabling the use of its features – Article 6(1)(b) GDPR;
    2. responding to enquiries submitted via the contact form, e-mail address or telephone – Article 6(1)(b) and (f) GDPR (the Controller's legitimate interest consisting in communicating with persons interested in its business);
    3. direct marketing of the Controller's own products and services, including sending the newsletter – based on the Buyer's separately given consent (Article 6(1)(a) GDPR); consent may be withdrawn at any time, without affecting the lawfulness of processing carried out before its withdrawal;
    4. maintaining statistics on visits to the Store and analysing user behaviour in order to improve its functionality – based on cookie consent (§8) and the Controller's legitimate interest (Article 6(1)(f) GDPR);
    5. conducting marketing activities on social media and advertising networks, including remarketing and interest-based advertising – based on cookie consent (§8) and the Controller's legitimate interest (Article 6(1)(f) GDPR).
  3. The provision of personal data is voluntary, but necessary for the conclusion and performance of the sales contract, handling an enquiry, or, as applicable, using the newsletter.

§4 Categories of data processed

  1. The Controller processes, in particular, the following categories of personal data: identification and contact data (first and last name, delivery address, e-mail address, telephone number), data necessary to issue a proof of purchase, data relating to orders placed and purchase history, and, in the case of newsletter sign-up, the e-mail address and the chosen language of communication (Polish/English).

§5 Recipients of personal data

  1. Personal data may be disclosed to the following categories of recipients, solely to the extent necessary to achieve the purposes indicated in §3:
    1. the provider of the Store's e-commerce platform and hosting, including the company mailbox – Shoper sp. z o.o., with its registered office in Wrocław, Poland;
    2. payment operators – PayU S.A., PayPro S.A. (Przelewy24), and, for Buyers using the English-language version of the Store, additionally PayPal (Europe) S.à r.l. et Cie, S.C.A.;
    3. courier and shipping companies fulfilling deliveries and handling parcel returns (including the Furgonetka Zwroty returns service);
    4. the accounting firm handling the Controller's bookkeeping;
    5. the provider of the newsletter and marketing-automation tool – MailerLite Limited, based in Ireland – only with respect to individuals who have given separate marketing consent;
    6. providers of analytics and advertising tools – Google Ireland Limited (Google Analytics, Google Ads) and Meta Platforms Ireland Limited (Meta/Facebook pixel) – only to the extent covered by consent given in the cookie settings (§8);
    7. IT service providers supporting the Controller in the ongoing maintenance of the Store.
  2. The above recipients process personal data under data-processing agreements concluded with the Controller or, with respect to payment services and Google's and Meta's tools, as independent data controllers.

§6 Transfers of data outside the European Economic Area

  1. Some of the providers listed in §5, in particular Google Ireland Limited and Meta Platforms Ireland Limited, may transfer personal data to countries outside the European Economic Area, including the United States. Such transfers take place on the basis of mechanisms ensuring an adequate level of protection of personal data, in particular the European Commission's adequacy decision under the EU–U.S. Data Privacy Framework, or standard contractual clauses approved by the European Commission.

§7 Data retention period

  1. Personal data related to the performance of the sales contract and accounting documentation is retained for the period required by tax and accounting law, as a rule 5 years, counted from the end of the calendar year in which the tax obligation related to the transaction arose.
  2. Data processed for the purpose of establishing, pursuing or defending against claims is retained until such claims arising from the sales contract or from applicable law become time-barred.
  3. Data processed on the basis of marketing consent (newsletter) is retained until the consent is withdrawn or an objection is raised.
  4. Data processed on the basis of cookies is retained for the period indicated in §8, but no longer than until consent is withdrawn in the browser settings or the cookie settings panel.
  5. Upon expiry of the relevant retention period, personal data is deleted or anonymised.

§8 Cookies

  1. The Store uses cookies and similar technologies in accordance with the Polish Act of 12 July 2024 – Law on Electronic Communications and the GDPR.
  2. Cookies are IT data, in particular text files, stored on the end device of a Store user. Cookies usually contain the name of the website they originate from, their storage time on the end device, and a unique number.
  3. Cookies are placed on the end device of a Store user, and access to them is obtained, by the Controller, and, with respect to cookies originating from external providers, by those providers respectively (§5(1)(e) and (f)).
  4. The Store uses the following categories of cookies:
    1. essential – necessary for the correct functioning of the Store (e.g. cart handling, login, transaction security); these do not require the user's consent;
    2. analytical and performance – allowing information to be collected on how the Store is used, in order to improve its functionality (Google Analytics – Google Ireland Limited); these require the user's consent;
    3. marketing and advertising – used to display advertising content tailored to the user's interests and to measure its effectiveness (Meta pixel – Meta Platforms Ireland Limited; Google Ads – Google Ireland Limited); these require the user's consent;
    4. functional – allowing the Store to remember settings selected by the user, e.g. the language version of the Store.
  5. In terms of storage time, "session" cookies (deleted once the browser session ends) and "persistent" cookies are used (stored for the period specified in the given cookie's parameters, or until deleted by the user, but no longer than 24 months for analytical and advertising cookies).
  6. Consent to the use of cookies other than essential ones is given via the cookie banner or settings panel displayed on the first visit to the Store. The user may change their settings, withdraw consent, or delete stored cookies at any time — in the cookie settings panel available in the Store's footer and in their web browser's settings.
  7. Restricting the use of cookies may affect certain functionalities available in the Store.
  8. More information about cookies is available at www.wszystkoociasteczkach.pl and in the help section of the web browser used.

§9 Rights of data subjects

  1. Every data subject has the right to:
    1. access their personal data;
    2. rectify (correct) their data;
    3. erase their data (the "right to be forgotten"), to the extent provided for by law;
    4. restrict the processing of their data;
    5. data portability;
    6. object to processing based on the Controller's legitimate interest, including profiling for marketing purposes;
    7. withdraw consent to the processing of their data at any time, without affecting the lawfulness of processing carried out before its withdrawal;
    8. lodge a complaint with the supervisory authority – the President of the Personal Data Protection Office (Prezes Urzędu Ochrony Danych Osobowych, ul. Stawki 2, 00-193 Warszawa, Poland).
  2. To exercise the above rights, please contact the Controller using the contact details indicated in §1(2).

§10 Profiling

  1. The Controller may use profiling for marketing purposes, consisting in automatically matching advertising content to the user's interests based on cookies and similar technologies. Such profiling does not produce legal effects concerning the user, nor does it similarly significantly affect them, within the meaning of Article 22 GDPR.

§11 Data security

  1. The Controller applies appropriate technical and organisational measures to protect the personal data processed, adequate to the risks involved and the categories of data protected, in particular to protect the data against disclosure to unauthorised persons, unlawful acquisition, processing in breach of applicable law, and alteration, loss, damage or destruction.

§12 Final provisions

  1. Matters not regulated by this Privacy Policy are governed by the GDPR and other applicable provisions of Polish law.
  2. The Controller reserves the right to introduce changes to this Privacy Policy, in particular in connection with changes to applicable law, changes to the way the Store operates, or the introduction of new features. The Controller will inform users of any changes by publishing a new version of the Privacy Policy on the Store's website.
  3. This Privacy Policy is available in Polish and English language versions. In the event of any discrepancy between the Polish and English versions, the Polish version shall prevail.