PRIVACY POLICY

ECLAIR-NAIL.COM ONLINE SHOP

TABLE OF CONTENTS:

1. GENERAL PROVISIONS

2. GROUNDS FOR DATA PROCESSING

3. PURPOSE, BASIS AND DURATION OF DATA PROCESSING IN THE ONLINE SHOP

4. THE RECIPIENTS OF THE DATA IN THE ONLINE SHOP

5. PROFILING IN THE WEB SHOP

6. DATA SUBJECT'S RIGHTS

7. COOKIES IN THE WEBSHOP AND ANALYTICS

8. FINAL PROVISIONS

1. GENERAL PROVISIONS

1.1. This Internet Shop's privacy policy is informative, which means that it is not a source of obligation for the Service Recipients or the Customers of the Internet Shop. The Privacy Policy contains mainly the rules regarding personal data processing by the Administrator in the Internet Shop, including the basis, purposes and duration of personal data processing and the rights of data subjects, as well as information on the use of Cookies and analytical tools in the Internet Shop.

1.2. The Administrator of the personal data collected via the Internet Shop is Iga Sadowska-Wilczyńska running the business activity under the name IGA SADOWSKA-WILCZYŃSKA ÉCLAIR NAIL STUDIO registered in the Central Register of Business Activity and Information of the Republic of Poland conducted by the minister proper for the economy, having: business address: ul. Zmartwychwstańców 11/2, 61-501 Poznań and address for service: ul. Robocza 42, 61-517 Poznań, NIP 7831612034, REGON 301034109, e-mail address: biuro@eclair-nail.com - hereinafter referred to as "Administrator of"and being at the same time the Internet Shop Service Provider and the Seller.

1.3. Personal data in the Online Shop are processed by the Administrator in accordance with the applicable legal provisions, 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 in relation 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 "RODO" or "RODO Regulation". Official text of the RODO Regulation: http://eur-lex.europa.eu/legal-content/PL/TXT/?uri=CELEX%3A32016R0679

1.4. The use of the Online Shop, including making purchases, is voluntary. Similarly, the related provision of personal data by the Customer or Client using the Online Shop is voluntary, subject to two exceptions: (1) entering into agreements 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 specified on the website of the Internet Shop and in the Terms and Conditions of the Internet Shop and this Privacy Policy will result in the impossibility to conclude such an agreement. Providing personal data in such a case is a contractual requirement and if the data subject wishes to conclude a given agreement with the Administrator, he/she is obliged to provide the required data. Each time the scope of data required to conclude a contract is indicated previously on the website of the Internet Shop and in the Rules of the Internet Shop; (2) Statutory obligations of the Administrator - providing personal data is a statutory requirement resulting from universally applicable laws imposing an obligation to process personal data on the Administrator (e.g. processing of data for tax or accounting purposes) and failure to provide such data will prevent the Administrator from fulfilling those obligations.

1.5. The Controller shall take particular care to protect the interests of persons to whom the personal data processed by him/her relate, and in particular shall be responsible for and ensure that the data collected by him/her are: (1) processed lawfully; (2) collected for specified, legitimate purposes and not subject to further processing incompatible with those purposes; (3) substantively correct and adequate in relation to the purposes for which they are processed; (4) stored in a form which permits identification of data subjects for no longer than it is necessary to achieve the purpose of processing; and (5) processed in a manner which ensures adequate security of personal data, including protection against unauthorised or incompatible with law processing and accidental loss, destruction or damage, by means of appropriate technical or organisational measures.

1.6. Having regard to the nature, scope, context and purposes of the processing and the risk of violation of the rights or freedoms of natural persons of varying probability and gravity, the Controller shall implement appropriate technical and organisational measures to ensure that the processing is carried out in accordance with this Regulation and to be able to demonstrate it. These measures shall be reviewed and updated as necessary. The Controller shall apply technical measures to prevent unauthorised persons from acquiring and modifying personal data transmitted electronically.

1.7. All words, phrases and acronyms appearing in this privacy policy and starting with a capital letter (e.g. Seller, Online Shop, Electronic Service) shall be understood in accordance with their definition contained in the Rules of the Internet Shop available at the websites of the Internet Shop.

2. BASIS OF DATA PROCESSING

2.1. The Administrator shall be 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 his or her consent to the processing of his or her personal data for one or more specified purposes; (2) the processing is necessary for the performance of a contract to which the data subject is a party or to take steps at the request of the data subject prior to entering into a contract; (3) the processing is necessary for compliance with a legal obligation incumbent on the Controller; or (4) processing is necessary for the purposes of 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. The processing of personal data by the Administrator requires each time the existence of at least one of the grounds indicated in point. 2.1 of the Privacy Policy. Specific grounds for processing personal data of the Internet Shop's Customers and clients by the Administrator are indicated in the next point of the privacy policy - with reference to a given purpose of personal data processing by the Administrator.

3. PURPOSE, BASIS AND DURATION OF DATA PROCESSING IN THE INTERNET SHOP

3.1. Each time, the purpose, basis and period as well as recipients of personal data processed by the Administrator result from actions taken by a given Customer or Client in the Internet Shop. For example, if the Customer decides to make purchases in the Internet Shop and chooses personal collection of the purchased Product instead of courier delivery, his or her personal data will be processed in order to perform the Sales Agreement concluded, but will no longer be made available to the carrier performing the shipment on behalf of the Administrator.

3.2. The Administrator may process personal data in the Internet Shop for the following purposes, on the following grounds and for the following periods:

 

Purpose of data processing

Legal basis of data processing

Data storage period

Performance of a Sales Agreement or an agreement for the provision of an Electronic Service or taking action at the request of the data subject prior to entering into the aforementioned agreements

Article 6(1)(b) of the RODO Regulation (performance of a contract) - processing is necessary for the performance of a contract to which the data subject is a party or to take steps at the request of the data subject prior to entering into a contract

The data shall be stored for the period necessary for the performance, termination or expiry of the otherwise concluded Sales Agreement or contract for the provision of Electronic Services.

Direct marketing

Article 6(1)(f) of the RODO Regulation (legitimate interest of the Administrator) - processing is necessary for the purposes arising from the Administrator's legitimate interests - consisting of taking care of the Administrator's interests and good image, its Internet Shop and striving to sell the Products

The data shall be stored for the period of existence of the legally justified interest pursued by the Administrator, however not longer than the period within which the Administrator's claims against the data subject arising out of the Administrator's business activities are time-barred. The period of limitation shall be determined by law, in particular by the Civil Code (the basic limitation period for claims related to business activities is three years, and for a Sales Agreement two years).

The Administrator may not process data for the purposes of direct marketing in the case of an effective objection to this effect expressed by the data subject.

Marketing

Article 6(1)(a) of the RODO Regulation (consent) - the data subject has given consent for his/her personal data to be processed for marketing purposes by the Administrator

The data is stored until the data subject withdraws his/her consent to further processing of his/her data for these purposes.

Keeping of tax records

Article 6(1)(c) of the RODO Regulation in conjunction with Article 86 § 1 of the Tax Ordinance, i.e. of 17 January 2017. (Journal of Laws of 2017, item 201 as amended) - processing is necessary for the fulfilment of a legal obligation incumbent on the Administrator

The data are stored for the period required by legal regulations ordering the Administrator to keep tax books (until the expiry of the tax liability limitation period, unless tax acts provide otherwise).

Determining, asserting or defending claims that may be raised by the Administrator or that may be raised against the Administrator

Article 6(1)(f) of the RODO Regulation (legitimate interest of the Administrator) - processing is necessary for purposes deriving from the Administrator's legitimate interests - consisting of determining, asserting or defending claims which may be raised by the Administrator or which may be raised against the Administrator

The data shall be stored for the period of existence of the Administrator's legally justified interests, however no longer than for the period of the statute of limitations for the claims that may be raised against the Administrator (the basic statute of limitations for claims against the Administrator is six years).

Using the Internet Shop website and ensuring its proper operation

Article 6(1)(f) of the RODO Regulation (legitimate interest of the Administrator) - processing is necessary for the purposes deriving from the Administrator's legitimate interests - consisting in running and maintaining the Internet Shop's website

The data shall be stored for the period of existence of the legally justified interest pursued by the Administrator, however not longer than the period within which the Administrator's claims against the data subject arising out of the Administrator's business activities are time-barred. The period of limitation shall be determined by law, in particular the Civil Code (the basic limitation period for claims related to business activities is three years, and for a Sales Agreement two years).

Keeping statistics and analysing traffic in the Internet Shop

Article 6(1)(f) of the RODO Regulation (legally justified interests of the Administrator) - processing is necessary for the purposes resulting from the Administrator's legally justified interests - consisting in conducting statistics and traffic analysis in the Internet Shop in order to improve the functioning of the Internet Shop and increase sales of Products

The data shall be stored for the period of existence of the legally justified interest pursued by the Administrator, however no longer than for the period within which the Administrator's claims against the data subject arising out of the Administrator's business activity are time-barred. The period of limitation shall be determined by law, in particular the Civil Code (the basic limitation period for claims related to business activities is three years, and for a Sales Agreement - two years).

4. RECIPIENTS OF DATA IN THE ONLINE SHOP

4.1. For the proper functioning of the Internet Shop, including the performance of Sales Agreements concluded, it is necessary for the Administrator to use the services of external entities (such as e.g. software providers, couriers or payment processors). The controller shall only use the services of such processors who provide sufficient guarantees to implement appropriate technical and organisational measures so that the processing complies with the requirements of the RODO Regulation and protects the rights of data subjects.

4.2. The transfer of data by the Controller does not take place in every case and not to all recipients or categories of recipients indicated in the Privacy Policy - the Controller transfers data only if it is necessary to achieve a given purpose of personal data processing and only to the extent necessary to achieve it. For example, if the Customer uses personal collection, his/her data will not be transferred to the carrier cooperating with the Administrator.

4.3. Personal data of Service Recipients and Customers of the Internet Shop may be transferred to the following recipients or categories of recipients:

4.3.1. carriers / forwarders / courier brokers / entities operating the warehouse and/or the shipping process - In the case of a Customer who uses the online shop's method of Product delivery by mail or courier, the Administrator shall make the collected personal data of the Customer available to the selected carrier, forwarder or courier broker executing the shipment on behalf of the Administrator, and if the shipment is made from an external warehouse - to the entity handling the warehouse and/or dispatch process - to the extent necessary to complete the delivery of the Product to the Customer.

4.3.2. entities processing electronic or credit card payments - in case of a Customer who uses the electronic or credit card payment method in the Internet Shop, the Administrator shall make the collected personal data of the Customer available to a selected entity processing the aforementioned payments in the Internet Shop on the order of the Administrator to the extent necessary to handle the payment made by the Customer.

4.3.3. crediting entities - in case of a Customer who uses the instalment payment method in the Internet Shop, the Administrator shall make available the collected personal data of the Customer to a selected creditor handling the aforementioned payments in the Internet Shop on the basis of the Administrator's order, to the extent necessary to handle the payment executed by the Customer.

4.3.4. service providers supplying the Administrator with technical, IT and organisational solutions, which enable the Administrator to run his business, including the Internet Shop and the Electronic Services provided by means of it (in particular, suppliers of computer software for running the Internet Shop, electronic mail and hosting providers, as well as suppliers of business management and technical support software for the Administrator) - the Administrator shall make the collected personal data of the Customer available to a chosen supplier acting on his behalf only in the case and to the extent necessary for the accomplishment of a given purpose of data processing in accordance with this Privacy Policy.

4.3.5. accounting, legal and advisory service providers providing accounting, legal or advisory support to the Administrator (in particular an accounting office, a law firm or a debt collection agency) - the Administrator shall make the collected personal data of the Customer available to the chosen provider acting on its behalf only if and to the extent necessary for the accomplishment of the given purpose of the data processing in accordance with this Privacy Policy.

4.3.6. providers of social plug-ins, scripts and other similar tools placed on the website of the Internet Shop enabling the browser of the person visiting the website of the Internet Shop to download content from the providers of the said plug-ins and the transfer for this purpose to those providers of the personal data of the visitorincluding:

4.3.6.1. Facebook Ireland Ltd. - The Administrator uses Facebook social plug-ins on the website of the Internet Shop (e.g. Like button, Share) and as a result collects and makes available personal data of the Customer using the website of the Internet Shop to Facebook Ireland Ltd. (4 Grand Canal Square, Grand Canal Harbour, Dublin 2 Ireland) to the extent and in accordance with the privacy policy available here: https://www.facebook.com/about/privacy/ (this data includes information about activities on the website of the Internet Shop - including information about the device, visited sites, purchases, displayed advertisements and use of services - regardless of whether the Customer has a Facebook account and is logged into Facebook).

5. PROFILING IN THE ONLINE SHOP

5.1. The RODO Regulation imposes an obligation on the Controller to provide information on automated decision-making, including profiling as referred to in Article 22(1) and (4) of the RODO Regulation, and - at least in these cases - relevant information on the modalities of such decision-making, as well as on the significance and foreseeable consequences of such processing for the Data Subject. With this in mind, the Administrator provides information on possible profiling in this section of the privacy policy.

5.2. The Administrator may use profiling in the Internet Shop for direct marketing purposes, but decisions made on its basis by the Administrator do not concern conclusion or refusal of Sales Agreement or the possibility of using Electronic Services in the Internet Shop. The effect of using profiling in the Internet Shop may be e.g. granting a given person a discount, sending him/her a discount code, reminding about unfinished shopping, sending a proposal of a Product which may correspond to interests or preferences of a given person or offering better conditions in comparison with the standard offer of the Internet Shop. Despite the profiling, it is up to the individual to decide freely whether he or she wishes to take advantage of the discount or better conditions received in this way and make a purchase from the Online Shop.

5.3. Profiling in the Internet Shop consists in automatic analysis or prediction of a given person's behaviour on the website of the Internet Shop, e.g. by adding a particular Product to the basket, browsing the page of a particular Product in the Internet Shop or by analysing the previous history of purchases made in the Internet Shop. The condition of such profiling is that the Administrator has the personal data of the given person in order to be able to send him/her e.g. a discount code.

5.4. The data subject shall have the right not to be subject to a decision which is based solely on automated processing, including profiling, and which produces legal effects in relation to the person concerned or significantly affects the person in a similar manner.

6. RIGHTS OF THE DATA SUBJECT

6.1. Right of access, rectification, restriction, erasure or transfer - The data subject shall have the right to demand from the Controller access to his/her personal data, their rectification, erasure ('right to be forgotten') or restriction of processing, and shall have the right to object to the processing, as well as the right to data portability. The detailed conditions for exercising the rights indicated above are indicated in Articles 15-21 of the RODO Regulation.

6.2. Right to withdraw consent at any time - The person whose data are processed by the Administrator on the basis of an expressed consent (pursuant to Article 6(1)(a) or Article 9(2)(a) of the RODO Regulation) has the right to withdraw the consent at any time without affecting the legality of the processing that was performed on the basis of the consent before its withdrawal.

6.3. Right to lodge a complaint with a supervisory authority - The person whose data are processed by the Controller has the right to lodge a complaint to the supervisory authority in the manner and mode specified in the provisions of the RODO Regulation and Polish law, in particular the Personal Data Protection Act. The supervisory authority in Poland is the President of the Office for Personal Data Protection.

6.4. Right to object - The data subject shall have the right to object at any time - on grounds relating to his/her particular situation - to the processing of personal data concerning him/her based on Article 6(1)(e) (public interest or tasks) or (f) (legitimate interest of the controller), including profiling on the basis of these provisions. The controller shall in that case no longer be permitted to process those personal data unless the controller demonstrates the existence of 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 the purposes of direct marketing, the data subject shall have the right to object at any time to the processing of personal data concerning them for such marketing, including profiling, to the extent that the processing is related to such direct marketing.

6.6. In order to exercise the rights referred to in this section of the privacy policy, the Administrator may be contacted by sending a relevant message in writing or by e-mail to the Administrator's address indicated at the beginning of the privacy policy or by using the contact form available on the website of the Internet Shop.

7. COOKIES IN THE INTERNET SHOP AND ANALYTICS

7.1. Cookies are small pieces of information in the form of text files sent by a server and stored on the website of the Internet Shop (e.g. on the hard disk of your computer, laptop or smartphone memory card - depending on the device used by the visitors to our Internet Shop). Detailed information on cookies, as well as the history of their creation can be found, among others, here: https://pl.wikipedia.org/wiki/HTTP_cookie.

7.2. Cookies that can be sent by the website of the Online Shop can be divided into different types, according to the following criteria:

With regard to their supplier:

1) their own (created by the Administrator's website) and

2) owned by third parties (other than the Administrator)

Due to their storage time on the device of the person visiting the Internet shop's website:

1) session (stored until logging out of the Internet Shop or switching off the Internet browser) and

2) permanent (stored for a specified time, defined by the parameters of each file or until manual removal)

With regard to the purpose of their use:

1) necessary (enabling proper functioning of the Internet Shop website),

2) functional/preferential (enabling adjustment of the website of the Internet Shop to the preferences of the person visiting the website),

3) analytical and performance (gathering information on the manner of use of the Internet Shop website),

4) marketing, advertising and social networking (gathering information about the person visiting the website of the Internet Shop in order to display personalised advertisements to this person and to conduct other marketing activities, including on websites separate from the website of the Internet Shop, such as social networking sites)

7.3 The Administrator may process the data contained in Cookies when visitors use the website of the Online Shop for the following specific purposes:

Purposes of using cookies in the Administrator's Internet Shop

Identify Customers as logged in to the Online Shop and show that they are logged in (essential cookies)

remembering Products added to a shopping cart in order to place an Order (essential Cookies)

save data from completed Order Forms, surveys or login data to the Online Shop (essential and/or functional/preference cookies)

adjust the content of the website of the Internet Shop to individual preferences of the Customer (e.g. as regards colours, font size, page layout) and optimise the use of the pages of the Internet Shop (functional/preferential Cookies)

keep anonymous statistics presenting the manner of use of the website of the Internet Shop (analytical and efficiency cookies)

remarketing, i.e. studying the behavioural characteristics of visitors to the Internet Shop by analysing their actions anonymously (e.g. repeated visits to specific pages, keywords etc.) in order to create their profile and provide them with advertisements tailored to their predicted interests, also when they visit other websites in the advertising network of Google Ireland Ltd. and Facebook Ireland Ltd. (marketing, advertising and social networking cookies)

7.4. Checking in the most popular web browsers which Cookies (including the duration of Cookies and their provider) are sent at a given moment by the website of the Internet Shop is possible in the following way:

In your browser Chrome:
(1) in the address bar, click on the padlock icon on the left, (2) go to the "Cookies" tab.

In Firefox:
(1) in the address bar, click on the shield icon on the left, (2) go to the "Allowed" or "Blocked" tab, (3) click on the box "Site-to-site tracking cookies", "Social media tracking elements" or "Content with tracking elements"

In Internet Explorer:
(1) click on the "Tools" menu, (2) go to the "Internet Options" tab, (3) go to the "General" tab, (4) go to the "Settings" tab, (5) click on the "View Files" box

In the Opera browser:
(1) in the address bar, click on the lock icon on the left, (2) go to the "Cookies" tab

In the Safari browser
(1) click on the "Preferences" menu, (2) go to the "Privacy" tab, (3) click on the box "Manage website data"

Independent of the browser, using the tools available, for example, athttps://www.cookiemetrix.com/ or: https://www.cookie-checker.com/

7.5. By default, most web browsers available on the market accept the storage of Cookies. Everyone has the opportunity to determine the conditions for the use of 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 storage of cookies - in the latter case, however, this may affect some of the functionality of the Online Shop (for example, it may not be possible to follow the path of the Order through the Order Form due to the Products not being remembered in the shopping cart during the subsequent steps of submitting the Order).

7.6. Browser settings concerning cookies are important from the point of view of consent for the use of cookies by our Online Shop - in accordance with the law, such consent may also be expressed through your browser settings. Detailed information on how to change the cookies settings and how to delete them on your own in the most popular web browsers is available in the help section of your web browser and on the following sites (just click on the link):

Chrome

Firefox

the Internet Explorer browser

the Opera browser

the Safari browser

in Microsoft Edge browser

7.7. The Administrator may use Google Analytics and Universal Analytics services provided by Google Ireland Limited (Gordon House, Barrow Street, Dublin 4, Ireland). These services help the Administrator keep statistics and analyse the traffic in the Internet Shop. The collected data are processed by the above services to generate statistics which help administer the Internet Shop and analyse the traffic in the Internet Shop. These data are of collective character. When using the above services in the Internet Shop, the Administrator collects such data as the source and medium of obtaining the visitors to the Internet Shop and their behaviour on the website of the Internet Shop, information on the devices and browsers from which they visit the page, IP and domain, geographical data and demographic data (age, gender) and interests.

7.8. It is possible to block in an easy way a given person's access to Google Analytics information about his/her activity on the website of the Internet Shop - for this purpose, you can, for example, install a browser add-on provided by Google Ireland Ltd. available here: https://tools.google.com/dlpage/gaoptout?hl=pl.

8. FINAL PROVISIONS

8.1. The Internet Shop may contain links to other websites. The Administrator urges that after navigating to other websites, one should familiarise oneself with the privacy policy established there. This privacy policy applies only to the Administrator's Internet Shop.