Privacy policy

1. General Provisions

1. This Online Shop Privacy Policy is of informative nature, which means that it is not a source of obligations for Service Recipients or Customers of the Online Shop. The Privacy Policy contains, above all, the principles concerning the processing of data by the Controller in the Online Shop, including the basis, purpose, scope and period of personal data processing and the rights of data subjects as well as information regarding the use of cookies and analytical tools in the Online Shop.
2. The Controller of the personal data collected via the Online Shop shall be Yellow Octopus EU S.A. with office in Sokołów (office address and correspondence address: ul. Gromadzka 5, 05-806 Sokołów, Poland); registered in Register of Entrepreneurs of National Court Registry under the KRS number: 0001039426; Register Court which holds the Company's documentation: District Court for the Capital City of Warsaw in Warsaw, XIV Commercial Department KRS; tax identification no. NIP: 8513247649, National Economy Register No. REGON 385908356, e-mail address: [email protected], telephone number: +48 519 378 106 – hereinafter referred to as "Controller" and being simultaneously the Service Provider of the Online Shop and the Seller.
3. Personal data in the Online Shop shall be processed by the Controller in accordance with the binding legal regulations, in particular 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/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/PL/TXT/?uri=CELEX%3A32016R0679.
4. Using the Online Shop, including shopping, is voluntary. Similarly, providing personal data by the Service Recipient or the Customer using the Online Shop is voluntary, subject to two exceptions:
   1. entering into contracts with the Controller – failure to provide the personal data necessary for the conclusion and performance of the Sales Contract or a contract for the provision of an Electronic Service with the Controller in the cases and within the scope indicated on the website of the Online Shop and the Terms and Conditions of the Online Shop and this Privacy Policy shall result in no possibility to enter into the contract. Providing personal data is a contractual requirement in such a case and if the data subject is willing to enter into the contract with the Controller, they shall be obligated to provide the required data. The scope of the data required to enter into the contract is each time specified in advance on the website of the Online Shop and in the Terms and Conditions of the Online Shop;
   2. statutory obligations of the Controller – specifying the personal data is a statutory requirement resulting from the commonly binding legal regulations obligating the Controller to process the personal data (e.g. processing data to fiscal books and ledgers) and failure to specify the data will render it impossible for the Controller to perform the obligations.
5. The Controller assures due diligence to protect the interest of persons being data subjects, in particular being responsible and liable for and assuring that the data collected are: (1) processed in accordance with the Act; (2) collected for specific, legal purposes and not subject to further processing inconsistent with the purposes; (3) correct as regards the subject matter and adequate as regards the purpose of the processing; (4) stored in a form making it possible to identify the people they apply to, no longer than it proves necessary to attain the purpose of processing and (5) processed in a manner ensuring security of the personal data, including the protection against illicit or illegal processing or accidental loss, damage or destruction, with the use of appropriate technical and organisational measures.
6. Taking into account the nature, scope, context and purpose of processing as well as the risk of breaching the rights or freedoms of natural persons with varied likelihood and degree of threat, the Controller is implementing appropriate technical and organisational measures so that the processing takes place pursuant to the Regulation and it is possible to show it. The measures are reviewed and updated, as necessary. The Controller applies technical measures preventing the acquisition and modification of personal data sent electronically by unauthorised persons.
7. Any words, phrases and acronyms used in this privacy policy starting with a capital letter (e.g. Seller, Online Shop, Electronic Service) shall be understood in accordance with the definition contained in the Terms and Conditions of the Online Shop available on the websites of the Online Shop.

2. Basis for the Processing of Data

1. The Controller is authorised to process the personal data in cases, and to the extent, when at least one of the following conditions is met:
   1. the data subject consented to the processing of their data to one or more specified ends;
   2. processing is necessary for contract performance the data subject is a party to, or to take actions to the request of the data subject, prior to contract conclusion;
   3. processing is necessary to meet the legal obligation of the Controller; or
   4. processing is necessary for the needs resulting from the legally justified interests of the Controller or third party, except for situations when the interests or basic rights and freedoms of the data subject override such interests and they require personal data protection, especially when the data subject is a child.
2. The processing of personal data by the Controller each time requires having at least one basis indicated in item 2.1 of the privacy policy. Specific bases for processing personal data of the Service Recipients or the Customers of the Online Shop by the Controller are specified in the following point of the privacy policy – as regards the specific goal of processing personal data by the Controller.

3. Purpose, Basis and Period of Processing Data in the Online Shop

1. Each time, the purpose, basis, and period as well as the recipients of personal data being processed by the Controller result from actions undertaken by a given Service Recipient or Customer in the Online Shop. For instance, in the case the Customer decides to purchase a Product in the Online Shop and selects collecting the purchased Product personally instead of shipment, their personal data will be processed with a view of performing the Sales Contract entered into, but they will not be made available to the courier delivering the shipment to the Controller's order.
2. The Controller may process the personal data in the Online Shop for the purposes, on the bases and within the periods as follows:

4. Data Recipients in the Online Shop

1. For the needs of proper Online Shop functioning, inclusive of the performance of the Contracts of Sale entered into, it shall be necessary for the Controller to make use of external companies' services (e.g. software provider, courier, or payment system provider). The Controller uses solely the services of such processing entities which ensure sufficient guarantee to implement appropriate technical and organisational measures so that the processing meets the requirements set out in the GDPR Regulation and protects the rights of data subjects.
2. The Controller may provide personal data to a third country, while the Controller ensures, that it shall only be a third country which is considered to provide adequate level of protection – in accordance with the GDPR Regulation, and in the case of other countries that the transfer will take place on the basis of standard data protection clauses. The Controller ensures that the data subject has a right to get a copy of their data. The Controller provides personal data to a third country only in case and scope necessary to execute a certain purpose of data processing consistent with this Privacy policy.
3. Providing data by the Controller does not take place in every case and not to all the recipients or categories of recipients defined in the privacy policy – the Controller provides the data only in the case it proves necessary to attain a given purpose of personal data processing and solely within the necessary scope.
4. Personal data of the Online Shop Service Recipients or Customers may be provided to the following recipients or categories of recipients:
   1. carriers/forwarders/couriers/entities operating warehouses and/or responsible for shipping process – in the case of a Customer who selects the Online Shop to deliver the Product by post or courier, the Controller makes the collected Customer's personal data available to the selected carrier, forwarder or agent performing shipment for the Controller, and if the delivery is to be made from the external warehouse – to the entity operating warehouse and/or responsible for shipping process – to the extent necessary to deliver the Product to the Customer.
   2. e-payments or payment card service providers – in the case of a Customer who uses in the Online Shop the option of e-payment or payment card, the Controller makes the collected Customer's personal data available to the selected payment service provider in the Online Shop for the Controller to the extent necessary to perform the payment of the Customer.
   3. loan providers/lessors – in the case of a Customer who selects in the Online Shop the option of payment method in instalments or leasing, the Controller makes the collected Customer's personal data available to the selected loan provider or lessor providing the above payment services in the Online Shop to the order of the Controller to the extent necessary for the payment service for the Customer.
   4. opinion poll system providers – in the case of a Customer who consented to express their opinion on the Sales Contract, the Controller makes the collected personal data of the Customer available to the selected entity providing the system of opinion polls on Contracts of Sale concluded in the Online Store to the order of the Controller within a scope necessary for the Customer to present their opinion by means of an opinion poll system.
   5. service providers rendering for the Controller technical, IT or organisational solutions, making it possible for the Controller to conduct a business, inclusive of the Online Shop and Electronic Services provided via it (in particular computer software providers for the Online Shop, e-mail companies and hosting providers as well as software providers for company management and technical aid for the Controller) – the Controller makes the collected personal data of the Customer available to the selected provider operating to their order only in the case and to the extent necessary for attaining a given purpose of data processing in accordance herewith.
   6. accounting, legal and consulting services providers rendering for the Controller accounting, legal or consulting services (in particular an accounting agency, law firm or debt collection company) – the Controller makes the collected personal data of the Customer available to the selected provider operating to their order only in the case and to the extent necessary for attaining a given purpose of data processing in accordance herewith.
   7. marketing and advertising service providers (e.g. marketing agencies, interactive agencies, providers of e-mailing solutions and optimisation of marketing campaigns) – the Controller makes the collected personal data of the Customer available to the selected provider operating to their order only if it has a legal basis for the processing of the Customer's personal data for marketing purposes (including direct marketing) and to the extent necessary for attaining a given purpose of data processing in accordance herewith.
   8. providers of social plugins implemented in the Online Shop, of scripts and other similar tools enabling a person using the Online Shop to download content from the providers of the said plugins (e.g. logging in using social network login details) and for this purpose providing the providers with the personal data of the visitor, including also:
      1. Meta Platforms Ireland Ltd. – the Controller uses Facebook social plugins in the Online Shop (e.g. "Like it" or "Share" buttons or logging in using Facebook login details) and therefore collects and discloses personal data of the Service Recipient using the Online Shop to Meta Platforms Ireland Ltd. (4 Grand Canal Square, Grand Canal Harbour, Dublin 2 Ireland) to the extent and in accordance with the privacy principles available here: https://www.facebook.com/about/privacy/ (this data may include information about activities in the Online Shop – including information about the device, the visited websites, purchases, displayed ads and how to use the services – regardless of whether the Service Recipient has a Facebook account and is logged in to Facebook).

5. Profiling in the Online Shop

1. The GDPR Regulation obligates the Controller to inform about the automated decision-making process, including profiling referred to in Article 22, par. 1 and 4 of the GDPR Regulation, and – at least in those cases – the vital information concerning the decision-making process as well as the meaning and foreseeable consequences of processing for the person being the data subject. Bearing in mind the above, the Controller specifies in this point of the privacy policy the information concerning the possible profiling.
2. The Controller may use profiling in the Online Shop for direct marketing purposes, yet the decisions made on its basis by the Controller do not concern the conclusion or rejection to conclude the Sales Contract, or the possibility to make use of Electronic Services in the Online Shop. The result of profiling in the Online Shop may be e.g. discount for a given person, sending a discount code, reminding about unfinished purchase process, sending Product offers, which may be related to the interests or preferences of the person, or offering better conditions as compared with the standard offer of the Online Shop. Regardless of profiling, the person makes decisions freely, whether they want to use the discount given, or better conditions and buy a product in the Online Shop.
3. Profiling in the Online Shop consists in automatic analysis or forecast of the conduct of a given person on the website of the Online Shop, e.g. by adding a given Product to the cart, browsing the page of a given product in the Online Shop, or the analysis of the history of purchase in the Online Shop. The condition for such profiling is for the Controller to have the personal data of the person, so that they can later send them e.g. a discount code.
4. The data subject shall have the right not to depend on the decision, which is only based on automated processing, including profiling, and has some legal effects on the person or similarly affects them.

6. The Rights of the Data Subject

1. The right to access, rectify, restrict, erase or transmit – the data subject shall have the right to demand the Controller to have access to their personal data, rectify, erase ("the right to be forgotten") or restrict the processing and shall have the right to object to the processing and transmit their data. Detailed conditions of the above rights shall be indicated in Articles 15–22 of the GDPR Regulation.
2. The right to withdraw the consent at any time – the person whose data are being processed by the Controller on the basis of the consent given (pursuant to Article 6, par. 1, point a) or Article 9, par. 2, point a) of the GDPR Regulation), they shall have the right to withdraw their consent at any time without any impact on the compatibility with the right to process made based on the consent prior to the withdrawal.
3. The right to lodge a complaint with a supervisory body – the person whose data are being processed by the Controller shall have the right to lodge a complaint with a supervisory body in a manner and mode specified in the provisions of the GDPR Regulation and the Polish law, in particular the Personal Data Protection Act. The supervisory body in Poland shall be the President of the Office for Personal Data Protection.
4. The right to object – the data subject shall have the right, at any time, to lodge a complaint – for reasons related to their particular situation – as regards the processing of their personal data based on Article 6, par. 1, point e) (public interest or official authority) or f) (legitimate interest of the controller) in the case of profiling based on the provisions. The Controller in such a case must stop processing the personal data, unless they show the existence of legally significant and justified bases for the processing, overriding the interests, rights and freedoms of the data subject, or the bases for determining, pursuing or defending the claims.
5. The right to object as regards direct marketing – in the case the personal data are being processed for the needs of direct marketing, the data subject shall have the right, at any time, to lodge a complaint as regards the processing of their personal data for the needs of such marketing, including profiling, to the extent to which the processing is related to direct marketing.
6. To perform the rights mentioned in this point of the privacy policy, one may contact the Controller by sending them an appropriate message in writing or via e-mail to the address of the Controller indicated at the beginning of the privacy policy or using the contact form available on the Online Shop's website.

7. Cookies in the Online Shop and Analytics

1. Cookies are small pieces of text files sent by the server and saved at the visitor's of the Online Shop (e.g. on the hard disk of a computer, laptop, or smartphone's memory card – depending on the type of device used by the Online Shop's visitor). Detailed information on Cookies as well as the history of their origin can be found e.g. at: https://en.wikipedia.org/wiki/HTTP_cookie.
2. Cookies, which can be sent via the Online Shop website, can be divided into various types, according to the following criteria:

3. The Controller may process information contained in Cookies during visiting of the Online Shop website for the following specific purposes:

4. It is possible to check which Cookie files are being sent in a given moment by the Online Shop website (including the expiry period of Cookies and their provider). In the most popular web browsers, it can be done in the following ways:

5. As a standard, most internet browsers on the market accept saving Cookies by default. Every person has the possibility to specify the conditions of using Cookies in the browser settings. It means that one may, e.g. partially restrict (e.g. temporarily) or fully disable saving Cookies – in the latter case it may have an impact on some functionalities of the Online Shop (for instance it may prove impossible to go through the Order using the Order Form owing to failure to save the Products in the cart in the course of subsequent stages of Order placement).
6. The browser settings concerning Cookies are essential as regards the consent to use Cookies by our Online Shop – in accordance with the law, such consent may also be expressed in the browser settings. In view of lack of such consent, change the browser setting accordingly as regards Cookies. Detailed information concerning the change in Cookies settings and their individual removal in the most common browsers is available in the help section of the browser and the following websites:
   • Chrome
   • Firefox
   • Internet Explorer
   • Opera
   • Safari
   • Microsoft Edge
7. The Controller may use Google Analytics, Universal Analytics services in the Online Shop, which are provided by Google Ireland Limited (Gordon House, Barrow Street, Dublin 4, Ireland). The services help the Controller to analyse the frequency of visits in the Online Shop. The data collected are processed under the above services to generate statistics helpful while administering the Online Shop. The data are of collective nature. Using the above services in the Online Shop, the Controller collects such data as the sources and medium of acquiring visitors of the Online Shop and the manner of their conduct on the website of the Online Shop, information concerning their devices and browsers used to visit the website, IP and domain, geographical data and demographic data (age, sex) and interests.
8. It is possible to easily block sharing information with Google Analytics as regards the activity on the website of the Online Shop – install to that end an opt-out add-on made available by Google Ireland Ltd. available at: https://tools.google.com/dlpage/gaoptout?hl=pl.
9. Due to the possibility that the Administrator uses advertising and analytical services provided by Google Ireland Ltd. in the Online Shop, the Administrator points out that full information on the principles of processing of data of visitors to the Online Shop (including information saved 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

1. The Online Shop may contain links to other websites. The Controller encourages that at the time of being transferred to other websites, become familiar with the privacy policy. This privacy policy shall apply only to the Online Shop of the Controller.