PRIVACY AND PERSONAL DATA PROTECTION POLICY
The privacy of our website visitors is our priority, which is why we would like all our actions related to your personal data processing to be as transparent and comprehensive for you as possible.
We respect the right of each user of www.emkybikes.com online shop to protect privacy, including the personal data protection, so we observe the guidelines of the General Data Protection Regulation, hereinafter referred to as “GDPR”, and use suitable technological solutions, preventing any third party invasion of our users’ privacy.
1 / What is GDPR?
The General Data Protection Regulation (GDPR) is a set of provisions created to protect personal data of the European Union citizens and to increase control over processing this data.
2 / Who is your personal data controller (PDC)?
The controller of your personal data being collected via www.emkybikes.com online shop system, after registration, i.e. setting up a user’s account on this webpage, is the company: M-TEC Mikołaj Dudanowicz with its registered office in Warsaw (03-079 Warszawa), at ul. Henrykowska 30,
NIP 5242806347 / REGON 365094550 (hereinafter referred to as: „EMKY”, „www.emkybikes.com shop”, “online shop” or „we/us”), being an online shop service provider and seller at the same time.
The personal data controller protects the interests of the data subjects with due diligence, ensuring in particular that the data is processed lawfully, is collected exclusively for specified and lawful purposes and is not further processed contrary to these purposes, is correct and suitable for the purposes for which it is processed, and is stored in a form enabling the identification of the data subjects for no longer than necessary to achieve the purpose of processing.
The controller of the personal data which you share with us is responsible in particular for: the supervision of correct personal data processing according to valid data protection regulations, keeping records of the persons authorised to process personal data in the course of their specified duties, controlling the flow of personal data transmitted based on personal data processing agreements (DPA) and taking actions in case of suspected infringement of integrity or security of personal data files.
The controller can be contacted directly via e-mail: firstname.lastname@example.org, calling +48 797-249-179 or by post to the address given above.
3 / Definition and structure of personal data files
Personal data constitutes all information which allows to identify you and it is collected in the following cases:
a / During registration on www.emkybikes.com shop webpage
To be able to use the functions of our online shop system, you have to register or create a user’s account protected by a password which secures direct access to your personal data stored by us. For the purposes of registration and contract realization, the information system of www.emkybikes.com shop processes personal data which can be classified as shared voluntarily by the page users, i.e.:
In case of customers who are not consumers, the controller can additionally process such data as:
b / When visiting our webpage
When you are visiting our webpage, the following is automatically stored:
We always minimize the range of the data collected by us, requiring only the data necessary to achieve the purpose of processing. The personal data controller, employees authorized by him or her in writing, who process the data for the purposes of completing orders, and external entities processing data based on personal data processing agreements have access to the data files.
4 / The basis for processing personal data
In relation to the legal acts mentioned, the basis for using personal data by us is:
1. Voluntary, specified, conscious, and unambiguous demonstration of will in a form of declaration of will or actions allowing data processing, i.e. your consents when creating a user account, communicating via contact form, making orders in the online shop and realizing the contract to which you are a party as a customer, which can be connected with our actions taken before its conclusion – under Art. 6 section 1 item a) of the GDPR.
Giving your personal data in the situations mentioned is absolutely voluntary, however failure to give the data indicated on www.emkybikes.com shop webpage and in the shop policy, being necessary to conclude and complete the sales contract or a contract for the provision of electronic services, results in the inability to conclude such contracts.
2. The situations in which processing data is indispensable to comply with the obligations resulting from tax, accounting, and legal regulations – under Art. 6 section 1 item c) of the GDPR.
3. The situations in which processing data is indispensable to achieve legally justified purposes realized by the controller, i.e. direct marketing of our products performed by us – under Art. 23 Section 4 of the Personal Data Protection Act, a legally justified purpose constitutes especially direct marketing of the controller’s own products or services.
4. Implementation of statistical purposes and customer profiling – under Art. 6 of the GDPR (the controller’s legitimate interests).
5 / How do we use the personal data of our users?
Your personal data is only processed in accordance with the purpose about which we inform you. The purpose, range, and the recipients of the data processed by the controller always result from the actions taken by you in www.emkybikes.com shop or from valid legal regulations.
The data is shared with other entities only when it is necessary to achieve the purpose of processing, i.e. it is collected during the purchase to be used to complete the transaction, including receiving your payment and sending you the goods ordered. To deliver the package, we share your data with the transporting company, as well as with the company dealing with transactions to debit your account.
If you agreed to receive our newsletter, we are going to use your data to execute its subscription.
The data collected automatically (cookies) can be used for analysing user behaviours on our website or for collecting demographic data about our users. A consent to receive cookie files automatically means that you agree to profiling and collecting statistical data, if this profiling has no legal consequences. You can withdraw your consent at any time by removing cookie files from your system and adjusting your browser properly.
In case of violation of the regulations of our website, breach of law or when it is required by law, we will disclose your data to law enforcement authorities.
6 / Purpose and scope of personal data use by the data controller
A basic purpose of your personal data processing, when you are a user of www.emkybikes.com shop, is to conclude (online) and execute the EMKY product sales contract (on the shop regulations specified herein). The purpose and scope of the data processed by the controller always result from your consent (Art. 6, Section 1, item a of the GDPR). The fact that we need your data to execute the sales contract, i.e. to deliver the goods you ordered, makes sharing your data necessary to conclude and execute the contract. The lack of consent for the use of data marked as obligatory, although totally voluntary, will make it impossible for us to provide services connected with this data.
Possible purposes of gathering and processing personal data:
7 / The retention period of personal data collected by www.emkybikes.com shop system
You should also remember that every one of your consents for your personal data to be processed by EMKY can be withdrawn at any time. Thus, pursuant to Art. 6 Section 1 item f) of the GDPR (the controller’s legitimate interests), statistical data will be processed by EMKY only until you object or withdraw your consent to processing it. The data collected for marketing purposes will also be processed only until you withdraw a suitable consent – pursuant to Art. 6 Section 1 item a) (voluntary consent).
8 / Transfers of personal data
By registering in www.emkybikes.com shop, you voluntarily agree to have your personal data, shared in the registration form, stored and processed by EMKY. The scope of sharing your data with external service providers depends on the scope of the services used and consents you gave while using the website, as when you conclude the contract, i.e. purchase goods in www.emkybikes.com shop, further (accounting, logistic and tax) obligations occur.
For these purposes, we process your data based on the personal data processing agreements concluded by the controller, by sharing the data with other entities with the help of which we complete orders, i.e. processing entities, such as courier companies, accounting companies, IT solution providers, payment processing companies, banks, debt collection companies, companies providing marketing services, providers of communication services, authorised state authorities.
The data shared with third parties serves only to provide the services mentioned above. EMKY company does not share, sell or transmit the collected personal data to other entities than those which possess appropriate legal basis – they guarantee processing compliant with the GDPR standards.
Potential external companies which the user personal data can be shared with:
Transfer of personal data to third countries not being members of the European Union
The level of data protection and access to processing it when sending beyond the European Economic Area (EEA) can differ from the European standard. That is why we undertake to send only the indispensable data and only when it is necessary as well as to ensure a proper protection level.
The data can be transferred to the processing entity from beyond the EU which:
Due to a legitimate interest in the scope of analysis, optimization and constant improvement of the services provided by www.emkybikes.com Shop – www.emkybikes.com Shop uses the tracking function, i.e. Facebook Pixel. It is provided by Facebook, social networking service, operated by Facebook Inc., 1601 S. California Ave., Palo Alto, CA 94304, USA or, for the users being EU residents – Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland (hereinafter: Facebook/ Facebook site/the Site), and it is a fragment of the code placed on the Shop website.
Facebook Pixel enables Facebook to identify people using the Internet content provided by www.emkybikes.com Shop. Having interacted with www.emkybikes.com website, they become a target group for displaying advertising content of www.emkybikes.com website. Therefore, www.emkybikes.com Shop uses the function of Facebook Pixel to publish advertisements on Facebook site exclusively for the Site users, who showed interests in the advertised services. A condition for forwarding the advertising content to them is that they share predefined features, i.e. interests in particular subjects/products included in the catalogue which is created based on the visited websites. The Facebook Pixel function allows to conduct periodical analyses concerning the effectiveness of advertisements displayed on Facebook site at the request of www.emkybikes.com website. The main aim is that www.emkybikes.com website could acquire statistical data for market research and for investigating the behaviours of Facebook users, being the recipients of the advertising content of www.emkybikes.com Shop. When the User is visiting www.emkybikes.com website, the Facebook Pixel function establishes a direct connection with Facebook servers, informing Facebook site server about the fact that the User has visited the target site for advertising, and hence Facebook assigns the information in question to a personal account of the Site user.
9 / User rights
All users, at any time and free of charge, have the right to monitor the processing of their personal data which relate to them, contained in the controller’s data collection, i.e. to demand completing, updating, correcting personal data, temporary or permanent stopping processing it or deleting it, limiting its processing if it is incorrect (incomplete, out-of-date, false) or has been acquired in violation of the act or it is no longer necessary to achieve the purpose for which it was acquired.
Thus, each user has an inalienable right to:
You have the right to demand deleting your personal data if:
– it is no longer necessary for the purposes for which it was collected and processed;
– you have withdrawn a relevant consent in the scope in which the personal data was processed based on this consent;
– you have objected to the data being used for marketing purposes;
– you think the personal data is processed against the law;
– personal data must be deleted to meet legal obligations of the EU or a member state to which EMKY is subject;
– personal data has been collected in relation to offering information society services.
When the demand to be forgotten is realized, the user account is going to be deleted immediately or after completing all the orders assigned to it. All data will be deleted and the e-mail address will be removed from the EMKY database. We will not be able to recreate such an account – you will have to create it again and enter all necessary data.
You have the right to demand limiting the use of your personal data in the following cases:
– when you question the correctness of your personal data – then EMKY will limit its use for a period necessary to verify the data, not longer than for 7 days;
– when data processing is against the law, and instead of deleting the data you demand limiting its use;
– when your personal data stopped being necessary for the controller for the purposes they had been acquired or used for but you need it to determine, pursue or defend claims;
– when you objected to the use of your data, then the limitation is for a period necessary to settle your demand if, due to a special situation, the protection of your interests, rights, and freedom outweighs the interests realized by the controller when processing your personal data.
Among the methods allowing to limit your personal data processing, there might be for example: a temporary transfer of selected personal data to another processing system, disabling the access to selected data or a temporary removal of published data from the website. Data processing will be limited by technical means so that personal data would not be further processed or modified.
If the controller is going to process or processes your data for direct marketing of their own products or services, as a data subject you are entitled to file a written reasoned demand to stop processing your data due to a special situation or to object to data processing.
Remember however that if we process your personal data according to the legal regulations, based on the legitimate interests of EMKY, for example to execute a contract, determine, pursue or defend claims, you have the right to object to your personal data processing, but your request may be ineffective.
10 / Safety rules
We are doing our best efforts to continuously ensure confidentiality, integrity, and resistance of personal data processing systems and services by regular testing, measuring, evaluating, and improving the effectiveness of technical and organizational means designed to ensure data processing safety. Pursuant to Art. 32 of the GDPR, the safety means used by us when processing personal data are suitable for the processing scope, thus they ensure full safety and alleviation of the risk connected with personal data processing, such as accidental or unlawful destruction, loss, modification or unauthorised disclosure or unauthorised access to personal data sent, stored or processed in another way.
In order to protect the data collected and processed by us to the greatest extent against third party access:
www.emkybikes.com online shop is created with the use of well-approved and widely used technological solutions in the field of safety and encrypting data transmitted over the Internet. By using SSL algorithm, your data will be encrypted not to be reconstructed by any third party before it is transmitted to us. Using SSL encryption ensures that your data is only sent to the server which sends a request.
www.emkybikes.com shop provides its users safe and encrypted connection when logging onto the user account on our website. If you somehow lost the password to your account in www.emkybikes.com shop, we enable you to generate a new one, as we do not send a password reminder. The password is stored in a database in an encrypted form, in a way which prevents anyone from reading it. To generate a new password, you have to enter your e-mail address in a form available under “Remind the Password” link which can be found next to the account login form in www.emkybikes.com shop. A new password will be automatically sent to the e-mail address provided during registration.
A particularly important criterion of selecting business partners by EMKY, with whom the EMKY personal data controller concludes data processing contracts, is the fact whether they assure the highest level of security adequate for the processed data, and we transmit the data only to such entities. However, EMKY is not responsible for the effectiveness of the security means in the companies which are entrusted with personal data by the controller based on entrustment agreements, related to processing personal data by controllers or personal data inspectors in these companies.
We never send any correspondence, including electronic correspondence, asking for login data, especially your account access password, thus we would like to request for special caution when sharing your data, the password in particular, with third parties, from which you could receive a message with the request mentioned above.
11 / The cookies mechanism, IP address
1. Cookie files
When using www.emkybikes.com shop, after your consent has been given, we automatically collect the data in the form of cookie files.
Cookie files are information sent via www.emkybikes.com website server, recorded and stored on your computer or laptop hard drive, or on your smart phone memory card, in the form of small text files. They usually contain only the name of the domain where they come from, an individual random number identifying a particular file, and information about its predetermined expiry date.
Moreover, they can store a wide range of information including personal data, such as the user name, home address, e-mail address or phone number, whereby cookies perform nameless identification and do not serve to identify users in any way – your identity is not established based on them and they are not connected with your personal data collected when registering in the Shop or when placing an order in any way.
Cookies only identify the data of the device connected to the Internet, on which they were recorded (IP address serves for this purpose), and of the browser used to visit our webpage. Default cookie parameters only allow the server which created them to read the information contained there, and this information can be stored only when it is voluntarily provided by you, i.e. if you placed it on our website, for example when registering the customer account or placing an order.
This data is effectively protected by us and no third party has an access to it. This information is only used when performing particular actions which were approved, for example processing an order, and only contain the information which is indispensable to provide our services properly. Moreover, www.emkybikes.com website does not get, by sending cookie files, an access to any information, apart from the information provided in the files, and it has no access to the files located on your computer.
Cookie files, used on www.emkybikes.com website, can be temporary (session cookies) or long-lasting (persistent cookies):
Due to their functions, cookie files used by www.emkybikes.com webpage can also be divided into the following types:
The cookies mechanism is not harmful for the devices of the Customers of www.emkybikes.com shop – it does not threaten the device system, does not cause configuration changes in the devices or in the software installed on them, viruses or other unwanted software or malware are also impossible to get through to the devices. In many aspects this is quite the contrary – cookies facilitate using www.emkybikes.com shop, and often it is even necessary to install these files for correct functioning, the ones requiring authorisation in particular, as well as for proper provision of services in www.emkybikes.com online shop.
If you re-enter our webpage on your device where there are cookies, the system recognizes the device thanks to it and the browser sends cookies assigned to the webpage, enabling associating your device IP address with the information resource adapted to your needs. Then, as your behaviour in our shop is known, cookies transfer to our server the information thanks to which the webpage displayed is adapted to your preferences. Thus, we use it to manage the website, to adapt the products offered by EMKY to the real needs of our visitors, and we use it during the purchase process, e.g. to remember the products added to the cart. Cookies are also tools to develop general statistics concerning the popularity of our webpage and of products presented in our shop.
In principle, your software will allow cookies by default. You must remember however that you can manage cookies yourself any time by limiting or withdrawing your consent in terms of cookies access to your device, i.e. by blocking them or removing persistent cookies from your system, which is enabled by the Internet browsers you use, by using appropriate options disabling automatic cookies admission in particular.
Detailed information on possibilities and methods to manage cookie files via your browser is available in the settings of each.
In popular browsers you can:
The data coming from cookie files and personal data voluntarily shared with us via the webpage can be used for user profiling to adapt and present offers and behavioural advertising, i.e. based on your interests. Your consent to accepting cookies is a consent to profiling and collecting statistical data, if this profiling has no legal consequences.
Apart from cookie files, www.emkybikes.com online shop can also acquire and process data normally collected by the Internet system administrators as part of so-called logs or logging files. Information contained therein can include e.g. IP address, Internet platform and browser type, Internet provider, and the address of the page from which a person entered our website.
IP address is a unique number of a device in a computer network, assigned to your computer by the Internet provider and enabling Internet access. In most cases, it is assigned to a computer dynamically, which means that the computer receives an IP address only for the connection duration, and after it is broken and the network is re-entered, the computer can receive another number, so it changes with every Internet connection. IP address is used by EMKY in the following situations: identifying potential technical problems and mistakes which load the server, creating statistical analyses, administration and improvement of www.emkybikes.com shop, as well as for the purposes of assuring safety of personal data processing when removing unwanted automatic programmes which scan the content of www.emkybikes.com shop.
12 / GOOGLE ANALYTICS
The EMKY personal data controller uses Google Analytics, i.e. a specialist Internet tool for monitoring, analysing, and reporting audience measurement and activity of the Internet portals, shared by Google Inc., hereinafter referred to as Google, with its registered office in the USA, 1600 Amphitheatre Parkway, Mountain View, CA 94043.
Cookies, placed in the user browser by our server, are the basic element of data collection in Google Analytics for the purposes of analysing data in terms of ways of using the website and www.emky/pl online shop by its users.
Google analytics is a tool mainly for sending appropriate information about Internet websites. The information transferred to Google, and obtained with cookies, about using www.emkybikes.com portal by users (including its IP address) will be stored on servers used by Google, including the territory of the United States. Google is also obliged to forward information coming from cookie files to third parties, if it is obliged to such forwarding by applicable legal provisions or if these parties process such information on behalf of Google.
On the EMKY personal data controller’s request, Google will (1) gather general and anonymous statistical data via Google Analytics analytical tools and (2) prepare reports based on this data, related to using www.emkybikes.com website and shop by the users.
Based on the reports received we take steps to improve our Internet website.
The data collected is processed in an anonymised way, i.e. it is of a collective and anonymous nature (the purpose of anonymising data is to irreversibly prevent from identifying a data subject). We do not provide Google with any data which can be recognized or used by them as information enabling identification of a particular person, so Google will not be able to associate a user’s IP address with any other data possessed by them.
Anonymising/masking IP addresses of www.emkybikes.com website users occurs before any actions connected with storing or processing data by Google, in the member states of the European Union or other countries being the parties to the Agreement on the European Economic Area.
In principle, most Internet browsers and terminal equipment accept saving cookie files by default. You can determine the conditions of using cookie files according to your preferences in your browser or device settings by limiting partially or turning off completely the possibility to save cookies, which can affect some functionalities available on www.emkybikes.com pages.
In the light of the relevant provisions, this consent can be expressed in your Internet browser or device settings. If there is no will to express such a consent, please change your Internet browser or device settings related to cookie files.
Detailed information related to the principles of Google Analytics service, including the rules of collecting and processing data, can be found here.
13 / NEWSLETTER
14 / CUSTOMER CONTACT
If you made a purchase transaction, you can receive an e-mail or text message informing you about your order progress.
15 / FINAL PROVISIONS
Personal data collected according to the purposes determined in this Privacy and Personal Data Protection Policy shall be processed for a period necessary to realize a given aim, legal obligations and, to secure the controller and user’s interests, until the end of the limitation or expiration period of the claims.
This Privacy and Personal Data Protection Policy can be modified and EMKY shall inform the customers 7 days in advance.