“Cookies” are to be understood as IT data, in particular text files, stored on users’ end devices and intended for use when browsing websites. These files make it possible to recognise the user’s device and to display a website adapted to the user’s individual preferences.
“Cookies” usually contain the name of the website they come from, the time for which they are stored on the end device, and a unique number. Cookies are part of the HTTP protocol, which is used for communication between a web server and a browser. A cookie consists of a key that defines the name of the value, the value itself, and the lifetime after which the browser should delete the cookie. Their functions are, for the most part, standard for the settings provided for by browsers.
Cookies are used to adapt the content of websites to the user’s preferences and to improve the usability and personalisation of the content of websites. By default, software used for browsing websites allows “cookies” to be placed on the end device. These settings can be changed in the web browser settings so as to block the automatic handling of “cookies” or to notify the user each time they are sent to the user’s device. Detailed information on the options and methods of handling “cookies” is available in the settings of the software (web browser). Restricting the use of “cookies” may affect some of the functionalities available on the website.
Our website uses technology that stores and accesses information on a computer or other device of the user connected to the network (in particular through the use of cookies). Consent given to the use of these technologies by the website www.smartbob.pl or by third parties, for purposes related to the provision of services by electronic means, may be modified or withdrawn at any time in the browser settings.
1. PURPOSES OF THE ADOPTED PRIVACY POLICY AND OF THE USE OF COOKIES IN THE ONLINE SHOP
1.1. The privacy and cookies policy governs the rules for the processing of personal data and the collection and use of information about users of the Online Shop in the domain www.smartbob.pl(“Online Shop”).
The controller of personal data is SmartBOB Automatyka SP.z o.o., with its registered office as shown in the National Court Register (KRS) under number: 0001073108 (“Controller”).
1.2. The personal data of persons using the Online Shop www.smartbob.pl (“User”) are processed 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 (OJ EU L No 119, p. 1) (“GDPR”).
1.3. Personal data means any information relating to an identified or identifiable natural person. An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
1.4. The Controller exercises particular care to protect the interests of data subjects and, in particular, ensures that the data it collects are: – processed lawfully, fairly and in a manner that is transparent to the data subject; – collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes; – adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed; – accurate and, where necessary, kept up to date; – kept in a form which permits identification of the data subject for no longer than is necessary for the purposes for which the data are processed; – processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures.
1.5 Owing to its particular care for the protection of Users’ personal data, the Controller protects not only persons visiting the Online Shop, but also Users who have provided their personal data to the Controller through other communication channels, i.e.: a. the website https://www.facebook.com and any other websites marked or co-marked with the Facebook brand (including subdomains, international versions, widgets and mobile versions), the rules of operation of which are based on the regulations made available in particular at https://www.facebook.com/legal/terms, provided respectively by Facebook Inc. or Facebook Ireland Limited, including by means of the Facebook Lead Ads function intended for direct marketing of the Controller’s own products or services. The rules on the protection and use of personal data by the Facebook Service are available, for example, at: https://www.facebook.com/policy.php. The Controller has no influence on the content of Facebook’s legal regulations, including those concerning personal data; b. applications enabling the Controller to run advertising campaigns within the Facebook Service.
1.6. This Privacy Policy is informational in nature – it is neither a contract nor terms and conditions.
1.7. In each case, the purpose, scope and recipients of the data processed by the Controller result from the User’s consent or from legal provisions, and are further specified as a result of actions taken by the User in the Online Shop or within other channels of communication with the User (the terms and conditions of the Online Shop, competition rules, other documents relating to actions taken by the Controller). In this respect, the Controller fulfils its information obligations accordingly.
1.8. Personal data entrusted by the User are processed to the extent necessary, inter alia, for the purposes of:
a. concluding an agreement for the provision of services by electronic means, determining its content, and amending and terminating it,
b. fulfilling orders placed by the User for products in the assortment of the Online Shop, including contacting the User where necessary for the fulfilment of the order,
c. handling the User’s complaints,
d. refunding payments in the event of withdrawal from the contract,
e. statistical purposes,
f. promoting the products available in the Online Shop,
g. contact purposes and answering questions asked by the User,
h. delivering, free of charge, newsletters containing information about the content of the Online Shop,
i. holding a competition, in particular selecting the winners of the competition and awarding the prizes,
j. presenting advertisements, offers or promotions (discounts) concerning products or services intended for all recipients, in particular for the purpose of performing the Newsletter agreement,
k. assessing and analysing the User’s activity and information about the User, including by way of automated processing of Personal Data (profiling), in order to present general advertisements, offers or promotions (discounts) concerning the Controller’s products or services in a manner tailored to the interests of the given User (without, however, significantly affecting the User’s decisions), in particular for the purpose of performing the Newsletter agreement, and for market and statistical analyses,
l. fulfilling legal obligations arising from legal provisions, e.g. tax and accounting provisions, especially in the case of paid contracts,
m. conducting correspondence with Users, including replying to Users’ messages.
In each case, the purpose and scope of the data processed by the Controller result from the User’s consent or from legal provisions, and are further specified as a result of actions taken by the User in the Online Shop or within other channels of communication with the User.
1.9. The Controller may process, in particular, the following personal data of Users of the Online Shop: – personal data provided in the form when registering an Account or placing Orders in the Online Shop (in particular: first name and surname; e-mail address; contact telephone number; address (street, house number, flat number, postcode, town/city, country), residence/business/registered office address (if different from the delivery address), bank account number, and, in the case of Users who are not consumers, additionally the company name and tax identification number (NIP), and other data collected while using the Online Shop; – personal data provided for the purpose of using the Newsletter, provided when using the contact form, or submitted when lodging a complaint; – other data, in particular obtained on the basis of Users’ activity on the Internet, including data obtained through the Online Shop or other channels of communication with the User, using cookies and similar technologies.
1.10. By ticking the option before placing an order or on the home page of the Online Shop “SIGN UP FOR OUR NEWSLETTER”. The User’s personal data will also be processed by the Online Shop for the purpose of providing marketing information about the Online Shop, products and offer in the form of newsletters delivered free of charge. Providing personal data for the purpose of communication by newsletter is voluntary.
1.11. For other purposes, the User’s personal data may be processed on the basis of voluntarily given consents and applicable legal provisions.
1.12. Possible recipients of Users’ personal data:
a. where the User chooses delivery by post or courier in the Online Shop, the Controller makes the User’s collected Personal Data available to the selected carrier or intermediary fulfilling shipments on behalf of the Controller,
b. where the User chooses electronic payment or payment by card in the Online Shop, the Controller makes the User’s collected Personal Data available to the selected entity handling such payments in the Online Shop.
1.13. Please be advised that the Online Shop may contain references – links which, when clicked, lead to other websites managed by other controllers. The Controller of the Online Shop has no influence on the privacy policy or the cookies policy applied by those controllers. The Controller recommends that, after moving to other websites, you read the privacy policy established there. This policy applies only to the specified activities of the Controller.
2. DATA COLLECTED ABOUT USERS, INCLUDING PERSONAL DATA. METHOD OF THEIR USE, USER’S RIGHTS
2.1. The Controller may process the personal data of Users of the Online Shop, with full regard to applicable legal provisions.
2.2. Providing personal data by the User is voluntary, but necessary for the conclusion and performance of the sales contract, as well as for its settlement. In each case, the scope of data required for the conclusion of the relevant contract is indicated beforehand in the Online Shop, within other channels of communication with the User, or in the Terms and Conditions.
2.3. The basis for processing the User’s personal data is, first and foremost, the necessity to perform a contract to which the User is a party or to take steps at the User’s request prior to entering into it (Art. 6(1)(b) GDPR). This applies primarily to personal data provided in the form when registering an Account, placing Orders and concluding a Sales Contract, as well as when signing up for the Newsletter.
2.4. In the case of personal data provided in connection with the User’s complaint, the legal basis for their processing is necessity for the performance / handling of the sales contract for the goods subject to the complaint. In the case of data processing operations for marketing purposes, the basis for such processing is the pursuit of purposes arising from the legitimate interests pursued by the Controller (Art. 6(1)(f) GDPR).
2.5. Where the Controller presents, creates, grants and carries out advertisements, offers or promotions dedicated to a given User which are based solely on automated processing, including profiling, tailored as far as possible to the User’s preferences, and which may significantly affect the User’s consumer decisions, the basis is the consent voluntarily given by the User (Art. 6(1)(a), Art. 22(2)(c) GDPR).
2.6. For purposes other than those specified above, the User’s personal data may be processed on the basis of:
a. applicable legal provisions – where processing is necessary for compliance with a legal obligation to which the Controller is subject, e.g. where, on the basis of tax or accounting provisions, the Controller settles concluded sales contracts (Art. 6(1)(c) GDPR);
b. necessity for purposes other than those listed above arising from the legitimate interests pursued by the Controller or by a third party, in particular for the establishment, exercise or defence of legal claims, conducting correspondence with Users, also through contact forms (including replying to Users’ messages), and market and statistical analyses (Art. 6(1)(f) GDPR).
2.7. In order to place an order, the User may, on a one-off basis and without prior registration and logging in, complete the order form by providing their first name, surname, delivery address, e-mail address and telephone number. If the User wishes to receive an invoice, the User also provides the company name, its address and NIP. The above data are processed only for the time necessary to fulfil the order and are not disclosed by the Controller to third parties, except for persons whose involvement is necessary to fulfil the order, i.e. the carrier, or persons handling the Controller’s accounting and tax settlements.
2.8. In order to place an order, the User may also register in the Online Shop by clicking the “Register” option available after adding products to the basket or after clicking the “Pay” option and moving to the basket. To create an account, it will be necessary to provide an address, delivery address, e-mail, telephone number and, if the User wishes to receive an invoice, also the company name, company address and NIP, as well as a login and password. The login need not contain the User’s first name or surname. The data provided by the User will be retained by the Online Shop and, once logged in, will not need to be provided again when placing a subsequent order. The data will be processed for the time necessary and, in any event, no longer than until the User lodges an objection.
2.9. The Online Shop enables contact with the Online Shop by e-mail. By contacting the Online Shop in one of the above ways, the User provides their electronic address. These data are used solely for contact purposes, i.e. to answer the question asked by the User.
2.10. The Online Shop enables signing up for the Newsletter by clicking the “sign up for the newsletter” option. When signing up for the Newsletter, the User provides their e-mail address. The above data are used solely for the purpose of delivering the Newsletter to the User.
2.11. The User has the right at any time to access the data processed by the Controller, to request their rectification, and to request their erasure. Every User has the right at any time to: – lodge a complaint with the President of the Personal Data Protection Office (Prezes Urzędu Ochrony Danych Osobowych); – port the personal data which the User has provided to the Controller and which are processed by automated means, where the processing is based on consent or on a contract, e.g. to another controller; – access personal data (including, e.g., obtain information on which personal data are being processed); – request rectification and restriction of processing (e.g. if the personal data are inaccurate) or erasure of personal data (e.g. where they were processed unlawfully); – withdraw any consent given to the Controller at any time, whereby the withdrawal of consent does not affect the lawfulness of processing carried out by the Controller on the basis of consent before its withdrawal; – object to the processing of personal data concerning the User carried out for the purposes of the legitimate interests pursued by the Controller or by a third party, including in particular processing for marketing purposes, including profiling (unless there are other compelling legitimate grounds for the processing which override the interests of the User).
2.12. The User may request the Controller to delete the User’s account. To do so, a message should be sent to the e-mail address: sklep@smarbob.pl
2.13. The User may unsubscribe from the Newsletter at any time. The User may do so independently by unsubscribing from the Newsletter. The option to unsubscribe from the Newsletter is visible in every newsletter, at the bottom of the Newsletter. The User may also unsubscribe from the Newsletter by sending a message to the e-mail address: sklep@smartbob.pl
3. COMMERCIAL INFORMATION
3.1. The Controller has the technical ability to communicate with the User at a distance (e.g. by e-mail).
3.2. Commercial information relating to the commercial activity conducted by the Controller or by entities cooperating with it may be sent solely in accordance with the wishes expressed by the User.
4. “COOKIES” AND THE WAY THEY ARE USED
4.1. When the User uses the Online Shop, small files, in particular text files, containing information that makes it possible to collect statistical data are saved on the User’s end device. Information that the Online Shop may need in order to adapt to the way in which the User uses it, and to collect statistical data concerning the Online Shop, is stored in them, e.g. which pages were visited, which elements are downloaded, as well as data on the domain name of the internet service provider or the country of origin of the visitor, without, as a rule, collecting any information that allows the User to be identified; such information may sometimes constitute personal data, that is, data that make it possible to attribute certain behaviour to a specific User.
4.2. During the User’s visit to the Online Shop, data concerning the visit may be collected automatically, in the form of the domain name of the website from which the User was referred to the website of the Online Shop, the type of browser, the type of operating system, the IP address, the User ID and other information transmitted by the HTTP protocol. In addition, the Controller may process operating data or information on the location of the device used to access the Online Shop.
4.3. The files used by the Online Shop are not harmful in any way to the User or the device and do not interfere with its software or settings.
4.4. Two types of cookies are used within the Online Shop: “session” cookies (session cookies) and “persistent” cookies (persistent cookies). “Session” cookies are temporary files that are stored on the User’s end device until the User logs out, leaves the website or closes the software (web browser). “Persistent” cookies are stored on the User’s end device for the period specified in the cookie parameters or until they are deleted by the User.
4.5. Cookies used in the Online Shop serve primarily to adapt its content to the User’s preferences and to improve the usability and personalisation of the content of websites.
4.6. Cookies used in the Online Shop:
a. necessary cookies, enabling the use of services available within the Online Shop, e.g. authentication cookies used for services requiring authentication within the Service;
b. cookies used to ensure security, e.g. used to detect authentication abuse within the Online Shop;
c. “performance” cookies, enabling the collection of information on how the pages of the Online Shop are used;
d. “functional” cookies, enabling the “remembering” of settings chosen by the User and personalisation of the User interface, e.g. as regards the chosen language or the region from which the User comes, font size, appearance of the website, etc.;
e. “advertising” cookies, enabling the delivery to Users of advertising content better tailored to their interests.
4.7. As a rule, browsers have the option allowing cookies to be saved enabled in their default settings.
4.8. If the User does not consent to files being saved on the end device, the User should change the settings of the web browser used. For example, in Internet Explorer cookies can be modified under: Tools -> Internet Options -> Privacy; in Mozilla Firefox: Tools -> Options -> Privacy; and in Google Chrome: Settings -> Show advanced settings -> Privacy -> Content settings -> Cookies. The access paths may differ depending on the version of the browser used.
4.9. Preventing cookies from being saved may consist in: a. not saving cookies on the end device; b. informing the user each time a given cookie is saved on the device; c. deleting the files after using the Online Shop.
4.10. In order to use the option appropriate for the User, one should read the information on managing cookies, which is most often found in the browser’s “Settings” or in the “Help” tab. At any time, the User may also contact the Online Shop by sending an e-mail to sklep@smartbob.pl.
4.11. However, please be aware that where the files are necessary for the operation of the Online Shop, restricting their use may make it more difficult to use the Online Shop.
4.12. Browser settings on the User’s device that allow cookies to be saved, together with consent given by clicking the “I agree” option in the window that appears upon entering the home page of the Online Shop, mean that the User consents to these files being saved on the end device.
4.13. The Online Shop uses the Google Analytics services, an analytics tool of Google Inc. (“Google”). Google Analytics uses so-called “Cookies”, text data which are saved on the user’s computer and enable the use of the website. Information about the use of the pages is, as a rule, transferred to a Google server in the USA and stored there. If IP anonymisation is activated on this website, the User’s IP address is truncated by Google within certain EU Member States and countries of the European Economic Area. Only in exceptional cases is the full IP address transferred to a Google server in the USA and truncated there. On behalf of the operator of the Website, Google uses this information to evaluate use of the website, to compile reports on website activity and to provide other services relating to the use of the Internet. The IP address transmitted within Google Analytics is combined with other data from Google. More information on the cookies used by Google Analytics – an online tool used by the Online Shop to analyse website statistics (inter alia demographic and interest reports) – can be found in the Google Analytics Privacy Policy.
4.14. The User may prevent Cookies from being saved by means of appropriate browser settings, but this may affect the smooth use of all functions of the Online Shop. The User may also prevent the collection of data relating to the use of the website and the transfer of such data to Google by downloading and installing the plug-in https://tools.google.com/dlpage/gaoptout?hl=pl.
4.15. A plug-in for the Facebook service, 1601 South California Avenue, Palo Alto, CA 94304, USA, is integrated into the Website. The Facebook plug-in can be recognised by the F symbol in the lower and upper part of the Website – i.e. by the shortened Facebook logo and the “Like” button after redirection to the Smartbob fan page on the Facebook service. The User can find an overview of Facebook plug-ins here: http://developers.facebook.com/docs/plugins/. When the Website is visited, the plug-in will create a direct connection between the User’s browser and the Facebook server. Facebook will thereby receive information that the User has visited the Online Shop with their IP address. After clicking the “Like” button while logged in to a Facebook account, the User gains the ability to link the Online Shop on the User’s Facebook profile. In this way Facebook can associate visits to the Online Shop with the User’s account. More information can be found in the Facebook data protection statement http://pl-pl.facebook.com/policy.php. If the User does not wish Facebook to associate visits to the Online Shop with the User’s Facebook account, we suggest logging out of the User’s Facebook account.
4.16. Detailed information on managing cookies on a mobile phone or other mobile device can be found in the user manual / operating instructions of the given phone or mobile device.
4.17. Restricting the use of cookies on a given device makes it impossible or significantly more difficult to use the Online Shop properly, for example it results in the inability to maintain a login session.
5. SECURITY
5.1. The Controller applies technical and organisational measures ensuring the protection of the personal data processed that is appropriate to the risks and the categories of data protected, and in particular safeguards the data against disclosure to unauthorised persons, removal by an unauthorised person, processing in breach of applicable provisions, and alteration, loss, damage or destruction.
5.2. The User’s personal data are stored in a database to which technical and organisational measures have been applied that ensure protection of the processed data in accordance with the requirements laid down by the legal provisions on personal data protection.
5.3. Only persons holding authorisations granted by the Controller have access to the database.
5.4. If the User has chosen to create a User account, for security reasons we recommend setting a password and login of an appropriate level of complexity. In particular, we recommend using a password consisting of a string of characters and digits and of letters in different cases. The password should contain at least eight characters. A User using the Online Shop on the end device of a third party should log out of the account and delete the browsing history.
5.5 Taking into account the state of the art, the cost of implementation and the nature, scope, context and purposes of processing as well as the risk of varying likelihood and severity for the rights or freedoms of natural persons, the Controller applies appropriate technical and organisational measures ensuring the protection of the personal data processed that is appropriate to the risks and the categories of data protected, and in particular safeguards the data against disclosure to unauthorised persons, removal by an unauthorised person, processing in breach of applicable provisions, and alteration, loss, damage or destruction. Disclosing externally information on the technical and organisational measures applied to ensure the protection of processing may weaken their effectiveness and thereby jeopardise the proper protection of personal data.
5.6. The Controller accordingly makes available, e.g., the following technical measures preventing unauthorised persons from obtaining and modifying personal data transmitted by electronic means:
a. Protection of the data set against unauthorised access;
b. SSL certificate on the pages of the Online Shop on which personal data are provided;
c. Encryption of data used to authorise the person using the functionalities of the Online Shop;
d. Access to the Account only after entering an individual login and password.
6. CHANGES TO THE PRIVACY POLICY
6.1. If a need arises, in particular of a legal or technological nature, the Controller will amend the content of the Privacy Policy of the Online Shop in order to:
a. adapt the content of the Privacy Policy to applicable legal provisions, which may change in the future, in particular as regards personal data protection, telecommunications law, services provided by electronic means and provisions governing consumer rights, affecting our rights and obligations or the rights and obligations of the User;
b. raise the standards of protection of data provided by the User.
6.2. On each occasion the User will be informed of a change to the Privacy Policy by a notice displayed on the home page of the Online Shop, and also in a message sent to the e-mail address, if the User has consented to being contacted in this way. With each change, the new version of the Policy will appear with a new date.
7. CONTACTING THE CONTROLLER AND REPORTING IRREGULARITIES
7.1. The User may at any time contact the Controller directly by sending an appropriate message in writing or by e-mail to the Controller’s address sklep@smartbob.pl, or by telephone or via the Facebook Service.
7.2. The Controller retains correspondence with the User for statistical purposes and in order to respond as well and as quickly as possible to enquiries received. Addresses and data collected in this way will not be used to communicate with the User for any purpose other than handling the request.
7.3. We ask that any irregularities, comments and requests concerning the privacy policy be reported by e-mail to the e-mail address indicated above. We assure you that each report will be considered by us and that we will reply to it at the e-mail address given in the report.
8. FINAL PROVISIONS
8.1. In the event of doubt or conflict between the Policy and the consents given by the User, irrespective of the provisions of the Policy, the basis for our taking action and determining its scope is always the consents voluntarily given by the User or legal provisions. This document, by contrast, is general and purely informational in nature (it is neither a contract nor terms and conditions). The Controller may amend the Policy in the future, inter alia for the following important reasons: a. changes in applicable provisions, in particular as regards personal data protection, telecommunications law, services provided by electronic means and provisions governing consumer rights, affecting the rights and obligations of the Controller or the rights and obligations of the data subject; b. the development of functionalities or electronic services dictated by the advance of internet technology, including the use/implementation of new technological or technical solutions, affecting the scope of the Policy. On each occasion the Controller will place information about changes to the Policy on the Online Shop website. With each change, the new version of the Policy will appear with a new date.
