Privacy policy

PRIVACY AND COOKIE POLICY

Introduction
This Privacy and Cookie Policy (hereinafter referred to as the Policy) sets out the rules for the processing of personal data at Elgra W.E. Kubik sp.j., based in Opole at Kępska 21, 45-129 Opole and the rights of the data subjects.
 
Regulation (EU) 2016/679 of the European Parliament and of the Council
Pursuant to Art. 13 section 1 and 2 of 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, the following is indicated:
 
1. Data administrator
The administrator of personal data of Customers/Users of the Online Store is Elgra W.E. Kubik sp.j., based in Opole at Kępska 21, 45-129 Opole, NIP: 754-027-21-77, REGON: 530573116 (hereinafter referred to as the Seller).
 
You can contact the Data Administrator in writing: via e-mail at the e-mail address: info@elgra.info.pl or by traditional mail at the registered office address indicated above.
 
The Administrator has NOT appointed a Data Protection Officer.
 
2. Definitions
The terms used in the Policy mean:
a) User – a natural person entering the Online Store website or using the services or functionalities described in this Policy, including the Customer.
b) Customer - a natural person with full legal capacity, a natural person who is a Consumer, a legal person or an organizational unit without legal personality, which is granted legal capacity by law, which concludes a Distance Sales Agreement with the Seller.
c) Online Store - online service run by the Seller, available at the electronic address (website): https://elgracool.com, including on individual subpages, through which the User/Customer can obtain information about the goods and their availability and purchase the goods or commission the provision of a service.
d) Newsletter - information, including commercial information within the meaning of the Act of July 18, 2002 on the provision of electronic services (Journal of Laws of 2020, item 344) from the Seller, sent to the Customer/User electronically; its receipt is voluntary and requires the consent of the Customer/User.
e) Account - a set of data stored in the Online Store and in the Seller's IT system regarding a given Customer/User and the orders placed and contracts concluded by him, using which the Customer/User may place orders and conclude contracts.
f) GDPR - 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 data).
g) Personal data – any information relating to an identified or identifiable natural person.
 
 
3. Purposes, legal basis and time of data processing
Personal Data that will be obtained by the Seller in connection with the User's use of the Online Store and via other communication channels are processed:
a) in order to perform contracts, including a contract for the provision of services by electronic means in accordance with the regulations of the Online Store or to take action before its conclusion at the request of the User/Customer (legal basis: Article 6(1)(b) of the GDPR) - for the duration of these contracts;
b) in order to fulfill legal obligations (legal basis: Article 6(1)(c) of the GDPR), in particular for the purpose of:
I. issuing and storing invoices and accounting documents;
II. considering complaints and returns within the time and form specified by law;
– for the duration of these obligations;
c. in order to establish, defend and pursue claims (legal basis: Article 6(1)(f) of the GDPR) - for the period after which the claims expire or for the duration of any proceedings;
a. in order to establish contact and subsequently conduct a dialogue (legal basis: Article 6(1)(f) of the GDPR or, depending on the content of the correspondence, Art. 6 section 1 letter b GDPR) - for the period necessary to conduct correspondence (e.g. received via the contact form or e-mail) and to determine, defend and pursue any claims arising from such correspondence;
b. for the purpose of conducting direct marketing, including sending commercial information and marketing materials and surveying Customers/Users' opinions and satisfaction with the use of the Website and purchased products (legal basis: Article 6(1)(f) of the GDPR) - for the duration of the contract or until the User/Customer objects to the processing of data for this purpose.
 
4. What Personal Data is collected by the Seller
The Seller collects Personal Data within the Online Store and other forms of communication, e.g. when placing orders and registering in the Online Store, the following data:
a) Users' personal data: name, surname, registered office address, correspondence address, e-mail address, telephone number, NIP (tax identification number), bank account number or other personal data required to complete the contract and required by the Administrator in the purchasing process;
b) information about the User's device in order to ensure the correct operation of the services: computer IP address, information contained in cookies or other similar technologies, session data, web browser data, device data, data regarding activity in the Online Store, including on individual subpages;
c) geolocation information, if the User has consented to the service provider's access to geolocation. Geolocation information is used to provide more tailored product and service offerings.
 
5. Marketing activities of the Administrator
On the Online Store website, the Data Administrator may post marketing information about its products or services. This content is displayed by the Data Administrator in accordance with Art. 6(1)(a) f GDPR, i.e. in accordance with the legitimate interest of the Data Administrator consisting in publishing content related to the services provided and the content of promotional campaigns in which the Data Administrator is involved. At the same time, this action does not violate the rights and freedoms of Customers/Users, Customers/Users expect to receive similar content, or even expect it or it is their direct purpose of visiting the Online Store website.
 
6. Recipients of Users' data
Personal data may be transferred to the following data recipients:
a) banks and online payment operators - to perform correct settlements;
b) state authorities - in order to fulfill the administrator's obligations;
c) entities providing postal and courier services (i.e. Poczta Polska and couriers);
d) entities operating the Administrator's IT systems (including hosting companies, IT service providers and technical support);
e) entities providing the Administrator with services in the field of legal, HR, accounting, tax assistance or advisory and marketing services.
 
The User's/Customer's personal data may be transferred outside the European Economic Area as part of the Administrator's use of the services of entities providing solutions and IT systems, which entities may store personal data on servers located outside this area (including in the United States) or within provision by the Administrator of services related to the business activity conducted - to the extent necessary to perform them. The basis for such a transfer may be a decision of the European Commission confirming the appropriate level of protection or the application of appropriate legal safeguards, which include, in particular, standard contractual clauses for the protection of personal data, approved by the European Commission. If the European Commission fails to issue a decision confirming the adequate level of protection or fails to provide appropriate legal safeguards, personal data may be transferred to a third country on the basis of one of the grounds listed in Art. 49 section 1 GDPR, in particular based on the express consent of the User/Customer. Each Customer/User has the right to obtain a copy of personal data transferred to a third country.
 
7. Rights of data subjects
Every data subject has the right:
a) access to your data and receiving a copy thereof;
I. rectification (correction) of your personal data;
II. deletion of personal data if the Data Controller no longer has a legal basis for processing them or the data are no longer necessary for the purposes of processing;
III. restrictions on the processing of personal data;
IV. transferring data to another Administrator;
V. object to the processing of her personal data for the Administrator's legitimate purposes, including profiling. The Data Controller then assesses the existence of valid legitimate grounds for processing, overriding the interests, rights and freedoms of data subjects, or grounds for establishing, pursuing or defending claims. If, according to the assessment, the interests of the data subject are more important than the interests of the Data Controller, the Data Controller will be obliged to stop processing data for these purposes;
VI. withdraw consent at any time and without giving a reason - the processing of personal data carried out before the withdrawal of consent will still remain lawful. Withdrawal of consent will result in the Administrator ceasing to process personal data for the purpose for which the consent was expressed;
VII. submit a complaint to the President of the Office for Personal Data Protection (ul. Stawki 2, 00-193 Warsaw) when the User/Customer considers that the processing of his or her personal data violates the provisions of the GDPR.
 
8. Cookie
The online store performs the functions of obtaining information about Customers/Users and their behavior in the following way:
a) by voluntarily entering information in forms for purposes resulting from the function of a specific form;
b) by saving cookies on end devices (so-called "cookies");
c) by collecting web server logs by the hosting operator of the Online Store (necessary for the proper operation of the website).
 
Cookies are IT data, in particular text files, which are stored on the Customer/User's end device and are intended for using the Online Store website. Cookies usually contain:
a) the name of the website they come from,
b) the duration of their storage on the end device and
c) unique number.
 
The online store uses cookies only after the Customer/Store User has expressed prior consent in this regard. You consent to the use of all cookies by the Online Store by clicking the "I accept" button when a message about the use of cookies by the Online Store is displayed.
 
If the Customer/User of the Online Store does not consent to the use of cookies by the Online Store, he or she may use the option: "I do not consent", also available in the message about the use of cookies by the Online Store, or make changes to the web browser settings, with currently used (however, this may result in an incorrect operation of the Online Store website).
 
To manage cookie settings, go to “Settings” in yor web browser/system and follow the instructions.
 
The legal basis for the processing of personal data from cookies is the legitimate interests of the Data Administrator, consisting in providing high quality services and ensuring the security of services.
 
The Online Store uses two basic types of cookies: "session cookies" and "persistent cookies". "Session" cookies are temporary files that are stored on the User's end device until logging out, leaving the Online Store or turning off the software (web browser). "Permanent" cookies are stored on the Customer/User's end device for the time specified in the cookie parameters or until they are deleted by the Customer/User.
 
Detailed information about the cookies used is available in the table here: LINK
 
Cookies are used by the Seller for the following purposes:
a) creating statistics that help understand how Customers/Users of the Online Store use websites, which allows improving their structure and content;
b) maintaining the Customer/User session (after logging in), thanks to which the Customer/User does not have to re-enter the login and password on each subpage of the Online Store;
c) defining the Customer/User's profile in order to display product recommendations and tailored materials in advertising networks, in particular the Google network.
 
Software for browsing websites (web browser) usually allows cookies to be stored on the Client/User's end device by default. Customers/Users can change the settings in this regard. Each web browser allows the User to delete cookies. It is also possible to automatically block cookies. However, restrictions on the use of cookies may affect some of the functionalities available on the Online Store website.
 
Cookies placed on the Customer/User's end device may also be used by advertisers and partners of the Online Store cooperating with the Online Store.
 
Cookies may also be used by the Google network to display advertisements tailored to the way in which the Customer/User uses the Online Store. For this purpose, they may store information about the user's navigation path or the time spent on a given page: https://policies.google.com/technologies/partner-sites.
 
We recommend that the Customer/User read the privacy policies of these companies to learn the principles of using cookies that are used in statistics: Google Analytics Privacy Policy.
 
In terms of information about the Customer/User's preferences collected by the Google advertising network, the Customer/User may view and edit information resulting from cookies using the tool: https://www.google.com/ads/preferences.
 
The Online Store website also includes plug-ins that can transfer Customer/User data to Administrators such as: Google Maps, Google Analytics, Google Ads, PayPal, Google reCAPTCHA, IdoAccounts, IdoSell, IAI S.A., Google.
 
9. Profiling
 
The Seller has the opportunity, using the cookie technology and Google Analytics, to get acquainted with the User's/Customer's preferences after the Customer/User consents to the installation of individual cookies. Analysis of behavior, e.g. how often the User/Customer visits the Seller's Online Store or what products he or she most frequently viewed allows for a better understanding of the User's/customer's expectations, thanks to which the Seller can better tailor advertising to the needs and interests of the User/Customer.
 
The Customer/User's resignation from cookies that allow the display of advertisements tailored to his/her interests does not mean that the User/Customer will no longer receive any advertisements while using the Seller's Online Store - in such a situation, the Customer/User will continue to receive the same amount of advertisements, but they will not be related to the current activity of the User/Customer.
 
Access to information regarding the Customer/User's activity in the Online Store also helps the Seller conduct market and statistical analyses.
 
The information collected and contained in cookies may also be stored after the end of the browser session, making it possible to use it during subsequent visits of the Customer/User.
 
10. Technical measures
The Seller applies technical and organizational measures appropriate to the threats, which ensure the protection of collected Personal Data and are required by the provisions of the GDPR, in particular Art. 32.
 
The Seller makes every effort to protect Personal Data against being made available to unauthorized persons, taken away by an unauthorized person, processed in violation of applicable regulations, as well as against change, loss, damage or destruction.
 
Personal data in the Online Store is completely safe thanks to its encryption with an SSL certificate with the highest level of security, which is available only via the HTTPS protocol.
 
However, please remember that the actions taken by the Seller may not be sufficient if the User/Customer does not follow basic safety rules. First of all, the User/Customer should remember to keep their login and password to the Online Store confidential and not to share them with third parties.
 
11. Links to other websites
The Online Store may contain links to other websites. These websites operate independently of the Online Store and are in no way controlled by the Seller. These websites probably have their own privacy policies, which the User/Customer should read on their own. The Seller is not responsible for the rules of handling Personal Data obtained by these websites.
 
12. Automatic collection of Personal Data
The Seller does not automatically collect any Personal Data, except for the data contained in cookies when the Customer/User uses the Website.
 
13. Requirement to provide personal data
Providing Personal Data by the User/Customer in the Online Store is voluntary, but refusing to provide it may hinder or prevent the proper provision of services by the Seller.
 
14. Final Provisions
This Policy enters into force on 21.09.2023 and may be changed at any time by announcing a new or updated policy in accordance with the Administrator's current needs in order to provide current and reliable information to Customers/Users.