Privacy Policy

PRIVACY POLICY

OF THE ONLINE STORE SAX35TH.COM

TABLE OF CONTENTS:

GENERAL PROVISIONS
BASIS OF DATA PROCESSING
PURPOSE, BASIS, AND PERIOD OF DATA PROCESSING IN THE ONLINE STORE
DATA RECIPIENTS IN THE ONLINE STORE
PROFILING IN THE ONLINE STORE
RIGHTS OF THE DATA SUBJECT
COOKIES IN THE ONLINE STORE AND ANALYTICS
FINAL PROVISIONS

1. GENERAL PROVISIONS

1.1. This privacy policy of the Online Store serves as informative and is not a source of obligations for Service Recipients or Customers of the Online Store. The privacy policy primarily includes principles regarding the processing of personal data by the Administrator in the Online Store, including the basis, purposes, and duration of personal data processing, as well as the rights of the data subjects, and information regarding the use of Cookies and analytical tools in the Online Store.

1.2. The Administrator of personal data collected through the Online Store is Alicja Korytkowska conducting business under the name COLOR UNDERGROUND Alicja Korytkowska registered in the Central Register and Information on Economic Activity of the Republic of Poland kept by the minister responsible for economy, having: business address and address for service: ul. Białostocka 79, 15-694, VAT ID PL9661800009, REGON 200415868, email address: sax35th@sax35th.com, phone number: +48 692 44 66 87 - hereinafter referred to as the "Administrator," also acting as the Service Provider of the Online Store and the Seller.

1.3. Personal data in the Online Store are processed by the Administrator in accordance with applicable law, in particular 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" or "GDPR Regulation." The official text of the GDPR Regulation: http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32016R0679

1.4. The use of the Online Store, including making purchases, is voluntary. Similarly, providing personal data by a user of the Online Store, a Service Recipient, or a Customer is voluntary, subject to two exceptions: (1) concluding agreements with the Administrator - failure to provide, in cases and to the extent indicated on the Online Store's website and in the Online Store Regulations and this privacy policy, personal data necessary to conclude and perform a Sales Agreement or an agreement for the provision of Electronic Services with the Administrator will result in the inability to conclude such an agreement. Providing personal data is a contractual requirement, and if the data subject wishes to enter into a specific agreement with the Administrator, they are obliged to provide the required data. The scope of data required to conclude an agreement is indicated on the Online Store's website and in the Online Store Regulations each time; (2) statutory obligations of the Administrator - providing personal data is a legal requirement arising from universally applicable legal provisions imposing an obligation on the Administrator to process personal data (e.g., processing data for tax or accounting purposes), and failure to provide them will prevent the Administrator from fulfilling these obligations.

1.5. The Administrator takes special care to protect the interests of individuals whose personal data are processed by it, and is responsible for ensuring that the data collected by it are: (1) processed lawfully; (2) collected for specified, legitimate purposes, and not further processed in a manner incompatible with those purposes; (3) adequate, relevant, and limited to what is necessary 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 personal data are processed; and (5) processed in a manner that ensures appropriate security of the personal data, including protection against unauthorized or unlawful processing and against accidental loss, destruction, or damage, using appropriate technical or organizational measures.

1.6. Considering the nature, scope, context, and purposes of processing as well as the risks of varying likelihood and severity for the rights and freedoms of natural persons, the Administrator implements appropriate technical and organizational measures to ensure that the processing complies with GDPR and to be able to demonstrate this compliance. These measures are subject to regular review and updating as necessary. The Administrator uses technical measures to prevent unauthorized acquisition and modification of personal data transmitted electronically.

1.7. All words, expressions, and acronyms appearing in this privacy policy and starting with a capital letter (e.g., Seller, Online Store, Electronic Service) should be understood according to their definitions provided in the Terms and Conditions of the Online Store available on the Online Store's website.

2. DATA PROCESSING BASICS

2.1. The Administrator is authorized to process personal data in cases where - and to the extent that - at least one of the following conditions is met: (1) the person whose data it concerns has consented to the processing of their 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.

2.2. Data processing by the Administrator requires the occurrence of at least one of the grounds indicated in point 2.1 of the privacy policy. The specific grounds 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 - regarding the specific purpose of processing personal data by the Administrator.

3. PURPOSE, BASIS, AND PERIOD OF PROCESSING DATA IN THE ONLINE STORE

3.1. The purpose, basis, period, and recipients of personal data processed by the Administrator result from the actions taken by a given Service Recipient or Customer in the Online Store or by the Administrator. 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, then their personal data will be processed for the purpose of performing the concluded Sales Agreement but will not be provided to the carrier carrying out shipments on behalf of the Administrator.

3.2. The Administrator may process personal data within the Online Store for the following purposes, on the bases, and for the periods indicated in the table below:

Purpose of data processing	Legal basis for data processing	Data retention period
Execution of a Sales Agreement or an agreement for the provision of Electronic Services or taking action at the request of the data subject prior to concluding the above contracts.	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 for the performance, termination, or expiration in another way of the concluded Sales Agreement or agreement for the provision of Electronic Services.
Direct marketing	Article 6(1)(f) of the GDPR (legitimate interests pursued by the administrator) - processing is necessary for the purposes of the legitimate interests pursued by the Administrator - consisting of caring for the interests and good image of the Administrator, their Online Store, and aiming to sell Products	Data is stored for the duration of the legitimate interest pursued by the Administrator, but not longer than the limitation period for claims of the Administrator against the data subject, arising from the business activities conducted by the Administrator. The limitation period is determined by the provisions of law, in particular the Civil Code (the basic limitation period for claims related to business activities is three years, and for the Sales Agreement, two years). The Administrator cannot process data for direct marketing purposes if effective objection in this regard has been expressed by the data subject.
Marketing	Article 6(1)(a) of the GDPR (consent) - the data subject has given consent to the processing of their personal data for marketing purposes by the Administrator	Data is stored until the consent is withdrawn by the data subject for further processing of their data for this purpose.
Keeping tax records	Article 6(1)(c) of the GDPR in connection with Article 86 § 1 of the Tax Ordinance of January 17, 2017 (Journal of Laws of 2017, item 201, as amended) - processing is necessary for compliance with a legal obligation to which the Administrator is subject	Data is stored for the period required by the provisions of law obliging the Administrator to keep tax records (until the expiry of the limitation period for the tax liability, unless tax laws provide otherwise).
Establishing, investigating, or defending claims that the Administrator may raise or that may be raised against the Administrator	Article 6(1)(f) of the GDPR (legitimate interests pursued by the administrator) - processing is necessary for the purposes of the legitimate interests pursued by the Administrator - consisting of establishing, investigating, or defending claims that the Administrator may raise or that may be raised against the Administrator	Data is stored for the duration of the legitimate interest pursued by the Administrator, but not longer than the limitation period for 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 interests pursued by 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 duration of the legitimate interest pursued by the Administrator, but not longer than the limitation period for claims of the Administrator against the data subject, arising from the business activities conducted by the Administrator. The limitation period is determined by the provisions of law, in particular the Civil Code (the basic limitation period for claims related to business activities is three years, and for the Sales Agreement, two years).
Conducting statistics and analytics of traffic in the online store.	Article 6(1)(f) of the GDPR (legitimate interests pursued by the administrator) - processing is necessary for the purposes of the legitimate interests pursued by the Administrator - consisting of conducting statistics and analyzing traffic in the Online Store in order to improve the functioning of the Online Store and increase the sale of Products.	Data is stored for the duration of the legitimate interest pursued by the Administrator, but not longer than the limitation period for claims of the Administrator against the data subject, arising from the business activities conducted by the Administrator. The limitation period is determined by the provisions of law, in particular the Civil Code (the basic limitation period for claims related to business activities is three years, and for the Sales Agreement, two years).

4. RECIPIENTS OF DATA IN THE ONLINE STORE

4.1. For the proper functioning of the Online Store, including the execution of concluded Sales Agreements, it is necessary for the Administrator to use the services of external entities (such as software provider, courier, or payment service provider). The Administrator uses only the services of such processing entities that provide sufficient guarantees of implementing appropriate technical and organizational measures to ensure that the processing meets the requirements of the GDPR and protects the rights of the data subjects.

4.2. Personal data may be transferred by the Administrator to a third country, whereby the Administrator ensures that in such a case it will be done in relation to a country providing an adequate level of protection - in accordance with the GDPR, and in the case of other countries, that the transfer will be based on standard data protection clauses. The Administrator ensures that the data subject has the possibility to obtain a copy of their data. The Administrator transfers the collected personal data only if and to the extent necessary to achieve the specific purpose of data processing in accordance with this privacy policy.

4.3. Data transfer 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 specific purpose of processing personal data and only to the extent necessary to achieve it. For example, if a Customer chooses personal collection, their data will not be transferred to a carrier cooperating with the Administrator.

4.4. Personal data of Service Recipients and Customers of the Online Store may be transferred to the following recipients or categories of recipients:

4.4.1. carriers / freight forwarders / courier brokers / entities handling warehouse and/or shipping process - in the case of a Customer who uses postal or courier delivery of the Product in the Online Store, the Administrator provides the collected personal data of the Customer to the selected carrier, freight forwarder, or intermediary handling shipments on behalf of the Administrator, and if the shipment is made from an external warehouse - to the entity handling the warehouse and/or shipping process - to the extent necessary to fulfill the delivery of the Product to the Customer.

4.4.2. entities providing electronic payment services or payment card - in the case of a Customer who uses electronic payment or payment by card in the Online Store, the Administrator provides the collected personal data of the Customer to the selected entity handling the above payments in the Online Store on behalf of the Administrator, to the extent necessary to process payments made by the Customer.

4.4.3. credit providers / lessors - in the case of a Customer who uses installment or leasing payments in the Online Store, the Administrator provides the collected personal data of the Customer to the selected credit provider or lessor handling the above payments in the Online Store on behalf of the Administrator, to the extent necessary to process payments made by the Customer.

4.4.4. providers of services supplying the Administrator with technical, IT, and organizational solutions enabling the Administrator to conduct business activities, including the Online Store and Electronic Services provided through it (in particular providers of computer software for running the Online Store, email and hosting providers, and software providers for managing the company and providing technical support to the Administrator) - the Administrator provides the collected personal data of the Customer to the selected provider acting on its behalf only if and to the extent necessary to achieve the specific purpose of data processing in accordance with this privacy policy.

4.4.5. accounting, legal, and advisory services providers providing accounting, legal, or advisory support to the Administrator (in particular accounting office, law firm, or debt collection company) - the Administrator provides the collected personal data of the Customer to the selected provider acting on its behalf only if and to the extent necessary to achieve the specific purpose of data processing in accordance with this privacy policy.

5. PROFILING IN THE ONLINE STORE

5.1. The GDPR imposes on the Administrator the 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 - to provide relevant information about the principles of such decision-making, as well as the significance and anticipated consequences of such processing for the data subject. Bearing this in mind, the Administrator provides information in this section of the privacy policy regarding possible profiling.

5.2. The Administrator may use profiling for direct marketing purposes in the Online Store, but the decisions made based on it by the Administrator do not concern the conclusion or refusal to conclude a Sales Agreement or the possibility of using Electronic Services in the Online Store. The result of using profiling in the Online Store may be, for example, granting a discount to a particular person, sending them a discount code, reminding them of unfinished purchases, sending proposals for a Product that may correspond to the interests or preferences of the person, or offering better terms compared to the standard offer of the Online Store. Despite profiling, the data subject freely decides whether they want to use the received discount or better terms and make a purchase in the Online Store.

5.3. Profiling in the Online Store consists of the automatic analysis or forecast of the behavior of a particular person on the Online Store website, e.g., by adding a specific Product to the cart, browsing the page of a specific Product in the Online Store, or by analyzing the history of purchases made in the Online Store so far. The condition for such profiling is for the Administrator to have personal data of the individual, in order to subsequently send them, for example, a discount code.

5.4. 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 them or similarly significantly affects them.

6. RIGHTS OF THE DATA SUBJECT

6.1. Right of access, rectification, restriction, erasure, or portability – the data subject has the right to request from the Administrator access to their personal data, their 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 rights mentioned above are indicated in Articles 15-21 of the GDPR.

6.2. Right to withdraw consent at any time – the data subject whose data is processed by the Administrator based on the consent given (pursuant to Article 6(1)(a) or Article 9(2)(a) of the GDPR) has the right to withdraw consent at any time without affecting the lawfulness of processing based on consent before its withdrawal.

6.3. 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 the 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.

6.4. Right to object – the data subject has the right at any time to object – for reasons relating to their particular situation – to the processing of their personal data based on Article 6(1)(e) (public interest or official authority) or (f) (legitimate interests pursued by the controller), including profiling based on these provisions. In such a case, the Administrator is no longer allowed to process these personal data unless they demonstrate compelling legitimate grounds for the processing which override the interests, rights, and freedoms of the data subject or for the establishment, exercise, or defense of legal claims.

6.5. Right to object to direct marketing – if personal data are processed for direct marketing purposes, the data subject has the right at any time to object to the processing of their personal data for such marketing, including profiling, to the extent that it is related to such direct marketing.

6.6. In order to exercise the rights mentioned in this section of the privacy policy, you can 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 by using the contact form available on the Online Store's website.

7. COOKIES IN THE ONLINE STORE AND ANALYTICS

7.1. Cookies are small text information in the form of text files, sent by the server and saved on the side of the person visiting the Online Store website (e.g., on the hard drive of a computer, laptop, or on the memory card of a smartphone – depending on the device used by the visitor of our Online Store). Detailed information about cookies, as well as the history of their creation, can be found, among others, here: [Link to a Wikipedia article about HTTP cookies].

7.2. Cookies that may be sent by the Online Store website can be divided into various types, according to the following criteria:

Due to their provider:

Due to their storage period on the visitor's device:

Due to the purpose of their use:

1) First-party cookies (created by the Administrator's Online Store website) and

2) Third-party cookies (belonging to individuals/entities other than the Administrator)

1) Session cookies (stored until the user logs out of the Online Store or closes the internet browser) and

2) Persistent cookies (stored for a specified time, defined by the parameters of each file or until manually deleted)

1) Essential cookies (enabling the proper functioning of the Online Store website),

2) Functional/preference cookies (allowing the customization of the Online Store website to the preferences of the visitor),

3) Analytical and performance cookies (collecting information about how the visitor uses the Online Store website),

4) Marketing, advertising, and social media cookies (collecting information about the visitor to the Online Store website for displaying personalized ads, measuring effectiveness, and conducting other marketing activities, including on separate websites from the Online Store website, such as social media platforms or other sites belonging to the same advertising networks as the Online Store)

7.3 . The Administrator may process data contained in cookies when visitors use the Online Store website for the following specific purposes:

The purposes of using Cookies in the Administrator's Online Store are as follows:

**Identification of logged-in Users:** Cookies are used to identify Users logged into the Online Store and to inform them of their status (essential Cookies).

**Remembering Products in the Cart:** Cookies are used to remember Products added to the cart for placing an Order (essential Cookies).

**Remembering form data:** Cookies may be used to remember data from filled-in Order Forms, surveys, or login data to the Online Store, which may be done through essential Cookies and/or functional/preference Cookies.

**Customizing website content:** Cookies can be used to customize the content of the Online Store to individual User preferences, such as color schemes, font sizes, or page layouts. Additionally, they serve to optimize the use of the Online Store (functional/preference Cookies).

**Conducting anonymous statistics:** Analytical and performance Cookies are used to conduct anonymous statistics showing how the Online Store is used.

**Displaying and personalizing ads:** Marketing, advertising, and social Cookies are used to display, personalize, and measure the effectiveness of ads. They allow for the analysis of behavioral characteristics of visitors to the Online Store through anonymous analysis of their actions to create profiles and deliver ads tailored to their predicted interests. Additionally, they may be used to display ads on other websites in the advertising networks of Google Ireland Ltd. and Meta Platforms Ireland Ltd.

7.4. Checking the Cookies sent by the Online Store's website in the most popular internet browsers is possible as follows:

In Chrome:

(1) Click on the padlock icon on the left side of the address bar.

(2) Go to the "Cookies" tab.

In Firefox:

(1) Click on the shield icon on the left side of the address bar.

(2) Go to the "Allowed" or "Blocked" tab.

(3) Click on the field "Cross-site tracking cookies," "Social media trackers," or "Tracking content."

In Internet Explorer:

(1) Click on the "Tools" menu.

(2) Go to "Internet Options."

(3) Navigate to the "General" tab.

(4) Go to the "Settings" tab.

(5) Click on the "View files" field.

In Opera:

(1) Click on the padlock icon on the left side of the address bar.

(2) Go to the "Cookies" tab.

In Safari:

(1) Click on the "Preferences" menu.

(2) Go to the "Privacy" tab.

(3) Click on the "Manage website data" field.

Regardless of the browser, tools such as those available at websites like https://www.cookiemetrix.com/ or https://www.cookie-checker.com/ can also be used.

7.5. By default, most internet browsers on the market accept the storage of Cookies. Each individual has the ability to determine the conditions for using Cookies through the settings of their internet browser. This means that it is possible to partially limit (e.g., temporarily) or completely disable the possibility of saving Cookies. However, in the latter case, it may affect some functionalities of the Online Store (for example, it may be impossible to complete the Order process through the Order Form due to the failure to remember Products in the cart during subsequent Order steps).

7.6. Internet browser settings regarding Cookies are important from the perspective of consent to the use of Cookies by our Online Store. According to the regulations, such consent can also be expressed through the settings of the internet browser. Detailed information on changing settings related to Cookies and their manual deletion in the most popular internet browsers is available in the help section of the internet browser and on the following pages (simply click on the respective link):

- in Chrome

- in Firefox

- in Internet Explorer

- in Opera

- in Safari

- in Microsoft Edge

7.7. The Administrator may use Google Analytics and Universal Analytics services provided by Google Ireland Limited (Gordon House, Barrow Street, Dublin 4, Ireland) in the Online Store. These services help the Administrator compile statistics and analyze traffic in the Online Store. The data collected under these services are processed to generate statistics helpful in administering the Online Store and analyzing traffic in it. This data is of an aggregate nature. When using the aforementioned services in the Online Store, the Administrator collects data such as the sources and medium of acquisition of visitors to the Online Store, their behavior on the Online Store's site, information about the devices and browsers from which they visit the site, IP and domain, geographical data, as well as demographic data (age, gender), and interests.

7.8. It is possible for an individual to easily block the sharing of their activity information on the Online Store's site with Google Analytics. To do this, one can, for example, install a browser add-on provided by Google Ireland Ltd. available here: https://tools.google.com/dlpage/gaoptout?hl=en.

7.9. 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 the full information regarding the processing of 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.

8. FINAL PROVISIONS

8.1. The Online Store may contain links to other websites. The Administrator encourages users to review the privacy policy established there after moving to other sites. This privacy policy applies only to the Administrator's Online Store.

More detailed information about cookies is available on the website https://allaboutcookies.org/.

Last update: 15.03.2024

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Privacy Policy