LOCABIKES.COM online shop
1. GENERAL PROVISIONS
- The Data Controller for the processing of data collected through the locabikes.com online Shop is Aleksander Zemke trading as LOCA BIKES Aleksander Zemke entered into the Central Registration and Information on Business (CEIDG) kept by the minister in charge of economy, principal place of business and address for service: ul. Redarów 28, 52-340 Wrocław, Poland, tax identification number NIP: 9512097705, statistical number REGON: 021265736, email address: email@example.com, telephone number: +48 690 433 252, hereinafter referred to as “Data Controller” or Service Provider.
- Personal data collected by the Data Controller via the website are processed in accordance with the 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/WE (General Data Protection Regulation), hereinafter referred to as the
2. TYPE OF PERSONAL DATA PROCESSED, PURPOSE AND SCOPE OF DATA COLLECTION
- PURPOSE AND LEGAL BASIS OF PROCESSING. The Data Controller shall process a User’s personal data in the following circumstances:
- Account registration in the Shop, in order to create an individual account and manage this Account, pursuant to art. 6 sec. 1 lit. b) GDPR (performance of the contract for the provision of electronic services in accordance with the Shop Terms and Conditions),
- placing an order in the Shop, in order to perform the sales contract, pursuant to art. 6 sec. 1 lit. b) GDPR (performance of the sales contract),
- use the Opinion System in order to find out the Customer's opinion on the Sales Agreement concluded with the Data Controller, pursuant to art. 6 sec. 1 lit. f) GDPR (legitimate interest of the entrepreneur),
- use the Contact Form to send a message to the Data Controller, pursuant to art. 6 sec. 1 lit. f) GDPR (legitimate interest of the entrepreneur).
- TYPE OF THE PERSONALL DATA PROCESSED. The User provides, in the case of:
- Accounts: name and surname, address, e-mail address.
- Orders: name and surname, address, e-mail address, telephone number.
- Opinion System: name and surname, e-mail address.
- Contact Form: name, e-mail address.
- PERSONAL DATA STORAGE PERIOD. Personal data submitted by Users are retained by the Data Controller for the following retention periods:
- If the lawful basis is agreement performance: personal data are stored for as long as necessary for the performance of an agreement, and thereafter until the expiry of any statutory period of prescription or limitation. Unless a specific regulation provides otherwise the limitation period is six years, whereas for claims concerning periodical performances and claims connected with conducting business activity – three years.
- If the lawful basis is consent: personal data are stored until withdrawal of consent, and thereafter until the expiry of any statutory period of prescription or limitation for claims that may be raised by the Data Controller or that may be brought against the Data Controller. Unless a specific regulation provides otherwise the limitation period is six years, whereas for claims concerning periodical performances and claims connected with conducting business activity – three years.
- The Data Controller may collect additional User information, including, in particular: a User’s computer IP address, the IP address of the internet provider, domain name, browser type, duration of a visit, operating system.
- If the Data Subject has given a separate consent to such processing (Article 6 (1) (a) GDPR) their personal data may be processed for the purpose of sending electronic marketing messages or for direct marketing via telephone – in accordance with Article 10 section 2 of the Act on the Provision of Electronic Services of 18 July 2002 or Article 172, section 1 of the Telecommunications Law Act of 16 July 2004, including profiled marketing communications if the Data Subject has consented to receive such communications.
- Navigation Users may also collect navigation data, including information about links and links in which they decide to click or other activities undertaken in the Shop. The legal basis for this type of activity is the Data Controller’s legitimate interest (Article 6 (1) (f) of the GDPR), consisting in facilitating the use of electronic services and improving the functionality of these services.
- Submitting personal data to locabikes.com is voluntary.
- The Data Controller shall take all reasonable steps to protect the interests of data subjects and ensure that all data is:
- lawfully processed,
- obtained only for specified, lawful purposes, and not further processed in any manner incompatible with those purposes,
- factually correct, adequate and relevant in relation to the purposes for which it is processed; stored in a form that permits identification of the data subject, for no longer than is necessary for those purposes.
3. THIRD PARTY ACCESS TO PERSONAL INFORMATION
- The personal data of the Customers are provided to service providers used by the Data Controller when running the Shop, in particular to:
- entities delivering Products,
- payment system providers,
- accounting office,
- hosting providers,
- software providers that enable business operations,
- entities providing the mailing system,
- software provider needed to run an online store.
- The service providers referred to in point 1 of this paragraph to which personal data are transferred, depending on contractual arrangements and circumstances, or are subject to the Data Controller’s instructions as to the purposes and methods of processing this data (processors) or independently define the purposes and methods their processing (administrators).
4. RIGHT OF CONTROLL, ACCESS AND RECTIFICATION
- Every User has a right to access and/or rectify his personal data as well as the right to erasure, the right to restrict processing, the right to data portability, the right to object to processing and the right to withdraw consent at any time without affecting the lawfulness of processing based on consent before its withdrawal.
- Legal basis for data subjects’ rights:
- Access to personal data – Article 15 of the GDPR
- Rectification of personal data – Article 16 of the GDPR,
- Erasure of personal data (right to be forgotten) - Article 17 of the GDPR,
- Restriction of data processing – Article 18 of the GDPR,
- Data portability – Article 20 of the GDPR,
- Objection to processing – Article 21 of the GDPR,
- Withdrawal of consent to processing – Article 7 (3) of the GDPR.
- The User may exercise his rights under point 2 by sending an email message to: firstname.lastname@example.org
- If any request is received in relation to a data subject’s rights, the Data Controller must comply with or refuse to act on a User’s request without delay but not later than within a month of receiving the request. However, if a request is complex or if the Data Controller receives more requests, the Data Controller may extend the time to respond by a further two months. If this is the case the Data Controller shall inform the User within one month of receiving their request and explain why the extension is necessary.
- If the data subject considers that, in connection with personal data relating to him or her, there is an infringement of the GDPR, the data subject may make a complaint to the President of the Personal Data Protection Office.
- Cookies are essential for the provision of electronic services via the Shop. Cookies, contain information that is necessary for the proper functioning of the Shop and for the statistical analysis of website traffic.
- The website uses two types of cookies: “session” cookies and “persistent” cookies.
- “Session” cookies are temporary files which are stored on the User’s end-device until they log out (leave the website).
- “Persistent” cookies remain stored on the User’s device until deleted manually or automatically after a set period of time.
- The Data Controller uses their own cookies to provide information on how individual Users interact with the Website. These files collect information about how Users use the website, what type of website referred the User to com, the frequency of visits and the time of each visit. This information does not register the Users’ personal data and is used solely for statistical analysis of website traffic.
- The Data Controller uses third party cookies for the purpose of collecting general and anonymous static data by means of Google Analytics, a web analysis tool (Data controller for third party cookies: Google Inc. based in USA).
- Cookies may also be used by advertising networks, in particular the Google network, in order to display advertisements tailored to the manner in which the Customer uses the Shop. For this purpose, they may keep information about the User's navigation path or the time spent on a given page.
- The User can adjust cookie permissions via options in their browser settings. More detailed information about cookie management with specific web browsers can be found in the browsers’ respective settings.
6. ADDITIONAL SERVICES RELATED TO THE USER'S ACTIVITY IN THE SHOP
- The Shop uses so-called social plugins ("plugins") of social networking sites. By displaying the website com containing such a plug-in, the User’s browser will establish a direct connection with the servers Facebook and Instagram.
- The content of the plug-in is forwarded by the given service provider directly to the User’s browser and integrated with the website. Thanks to this integration, service providers receive information that the User’s browser has displayed the website com, even if the User does not have a profile with the given service provider or is not currently logged in to him. Such information (together with the User’s IP address) is sent by the browser directly to the server of the given service provider (some servers are located in the USA) and stored there.
- If the User logs in to one of the above social networking sites, the service provider will be able to directly assign the visit to com to the User’s profile on the given social networking site.
- If the User uses a given plug-in, e.g. by clicking on the "Like" button or the "Share" button, the relevant information will also be sent directly to the server of the given service provider and stored there.
- If the User does not want social networking services to assign data collected during visits to com directly to his profile on a given website, he must log out of this website before visiting locabikes.com. The User may also completely prevent the plugins from loading on the page by using the appropriate browser extensions, e.g. blocking scripts using "NoScript".
- The Data Controller uses remarketing tools on his website, i.e. Google Ads, this involves the use of Google LLC cookies for the Google Ads service. As part of the mechanism for managing cookie settings, the User has the option to decide whether the Service Provider will be able to use Google Ads (external cookie administrator: Google LLC. Based in the USA) in relation to him.
7. FINAL PROVISIONS
- The Data Controller shall implement all necessary technical and organisational security measures to safeguard the data during processing ensuring a level of security appropriate to the nature of the data to be protected and, in particular, protect the data against unauthorised access, takeover, processing in violation of law, alteration, loss, damage or destruction.
- The Service Provider shall take appropriate technical measures to safeguard the electronic personal data against unauthorised interception or modification.