Privacy Policy of the VOYTECHAUTO.COM Online Store
Table of Contents
- General provisions
- Grounds for 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 is for information purposes, which means that it is not a source of obligations for the Service Users or Customers of the Online Store. The privacy policy primarily contains the rules concerning the processing of personal data by the Controller in the Online Store, including the grounds, purposes and scope of personal data processing and the rights of data subjects, as well as information on the use of cookies and analytical tools in the Online Store.
1.2. The controller of personal data collected through the Online Store is Wojciech Głuszczak, conducting business activity under the business name WOJCIECH GŁUSZCZAK VOYTECH, entered in the Central Register and Information on Business Activity of the Republic of Poland maintained by the minister competent for the economy, having: address of the place of business and address for service: 27, 32-051 Krzęcin, Małopolskie Voivodeship, NIP 9442166386, REGON 122961268, e-mail address: shop@voytechauto.com, contact telephone number: +48 501 928 944 — hereinafter referred to as the “Controller” and being at the same time the Service Provider of the Online Store and the Seller.
1.3. The Controller has not appointed a data protection officer.
1.4. Personal data in the Online Store is processed by the Controller in accordance with applicable law, in particular in accordance 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 the “GDPR” or the “GDPR Regulation”. The official text of the GDPR Regulation is available at: http://eur-lex.europa.eu/legal-content/PL/TXT/?uri=CELEX%3A32016R0679
1.5. Use of the Online Store, including making purchases, is voluntary. Likewise, the related provision of personal data by the Service User or Customer using the Online Store is voluntary, subject to two exceptions: (1) concluding contracts with the Controller — failure to provide, in the cases and to the extent indicated on the Online Store website, in the Online Store Regulations and in this privacy policy, the personal data necessary to conclude and perform a Sales Agreement or an agreement for the provision of an Electronic Service with the Controller results in the inability to conclude such an agreement. In such a case, providing personal data is a contractual requirement and, if the data subject wishes to conclude a given agreement with the Controller, they are obliged to provide the required data. Each time, the scope of data required to conclude an agreement is indicated in advance on the Online Store website and in the Online Store Regulations; (2) statutory obligations of the Controller — providing personal data is a statutory requirement resulting from generally applicable provisions of law imposing on the Controller an obligation to process personal data (e.g. processing data for the purpose of keeping tax or accounting books), and failure to provide such data will prevent the Controller from performing those obligations.
1.6. The Controller takes special care to protect the interests of persons whose personal data is processed by the Controller, and in particular is responsible for and ensures that the data collected by the Controller is: (1) processed lawfully; (2) collected for specified, lawful purposes and not further processed in a manner incompatible with those purposes; (3) factually correct and adequate in relation to the purposes for which it is processed; (4) stored in a form allowing identification of the persons to whom it relates for no longer than is necessary to achieve the purpose of processing; and (5) processed in a manner ensuring appropriate security of personal data, including protection against unauthorized or unlawful processing and accidental loss, destruction or damage, by means of appropriate technical or organizational measures.
1.7. Taking into account the nature, scope, context and purposes of processing as well as the risk of infringement of the rights or freedoms of natural persons of varying likelihood and severity, the Controller implements appropriate technical and organizational measures to ensure that processing is carried out in accordance with this Regulation and to be able to demonstrate this. These measures are reviewed and updated where necessary. The Controller applies technical measures preventing unauthorized persons from obtaining and modifying personal data transmitted electronically.
1.8. All words, expressions and acronyms appearing in this privacy policy and beginning with a capital letter (e.g. Seller, Online Store, Electronic Service) should be understood in accordance with their definition contained in the Online Store Regulations available on the Online Store pages.
2. Grounds for data processing
2.1. The Controller is entitled to process personal data in cases where — and to the extent to which — at least one of the following conditions is met: (1) the data subject has given consent 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 Controller is subject; or (4) processing is necessary for the purposes of the legitimate interests pursued by the Controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject requiring protection of personal data, in particular where the data subject is a child.
2.2. Processing of personal data by the Controller requires, in each case, the existence of at least one of the grounds indicated in section 2.1 of the privacy policy. The specific grounds for processing the personal data of Service Users and Customers of the Online Store by the Controller are indicated in the next section of the privacy policy — with respect to the given purpose of personal data processing by the Controller.
3. Purpose, basis and period of data processing in the Online Store
3.1. Each time, the purpose, basis, period and recipients of personal data processed by the Controller result from actions taken by a given Service User or Customer in the Online Store or by the Controller. 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, their personal data will be processed in order to perform the concluded Sales Agreement, but it will not be shared with the carrier performing deliveries on behalf of the Controller.
3.2. The Controller may process personal data within the Online Store for the following purposes, on the following bases and for the periods indicated in the table below:
| Purpose of data processing | Legal basis for data processing | Data storage period |
|---|---|---|
| Performance of a Sales Agreement or an agreement for the provision of an Electronic Service, or taking steps at the request of the data subject prior to entering into the above agreements. | Article 6(1)(b) of the GDPR Regulation (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. | The data is stored for the period necessary to perform, terminate or otherwise expire the concluded Sales Agreement or agreement for the provision of an Electronic Service. |
| Marketing. | Article 6(1)(a) of the GDPR Regulation (consent) — the data subject has consented to the processing of their personal data for marketing purposes by the Controller. | The data is stored until the data subject withdraws consent to further processing of their data for this purpose. |
| Expression by the Customer of an opinion on the concluded Sales Agreement. | Article 6(1)(a) of the GDPR Regulation — the data subject has consented to the processing of their personal data for the purpose of expressing an opinion. | The data is stored until the data subject withdraws consent to further processing of their data for this purpose. |
| Keeping tax books. | Article 6(1)(c) of the GDPR Regulation in connection with Article 86 § 1 of the Tax Ordinance, consolidated text of 17 January 2017 (Journal of Laws of 2017, item 201) — processing is necessary for compliance with a legal obligation to which the Controller is subject. | The data is stored for the period required by provisions of law ordering the Controller to store tax books (until the expiry of the limitation period for the tax liability, unless tax laws provide otherwise). |
| Establishing, pursuing or defending claims that may be raised by the Controller or that may be raised against the Controller. | Article 6(1)(f) of the GDPR Regulation (legitimate interest of the Controller) — processing is necessary for the purposes of the legitimate interests pursued by the Controller, consisting in establishing, pursuing or defending claims that may be raised by the Controller or that may be raised against the Controller. | The data is stored for the period of existence of the legitimate interest pursued by the Controller, but no longer than for the limitation period of claims that may be raised against the Controller (the basic limitation period for claims against the Controller is six years). |
| Use of the Online Store website and ensuring its proper operation. | Article 6(1)(f) of the GDPR Regulation (legitimate interest of the Controller) — processing is necessary for the purposes of the legitimate interests pursued by the Controller, consisting in operating and maintaining the Online Store website. | The data is stored for the period of existence of the legitimate interest pursued by the Controller, but no longer than for the limitation period of the Controller’s claims against the data subject arising from the business activity conducted by the Controller. The limitation period is determined by provisions of law, in particular the Civil Code (the basic limitation period for claims related to conducting business activity is three years, and for a sales agreement two years). |
| Keeping statistics and analyzing traffic in the Online Store. | Article 6(1)(f) of the GDPR Regulation (legitimate interest of the Controller) — processing is necessary for the purposes of the legitimate interests pursued by the Controller, consisting in keeping statistics and analyzing traffic in the Online Store in order to improve the functioning of the Online Store and increase sales of Products. | The data is stored for the period of existence of the legitimate interest pursued by the Controller, but no longer than for the limitation period of the Controller’s claims against the data subject arising from the business activity conducted by the Controller. The limitation period is determined by provisions of law, in particular the Civil Code (the basic limitation period for claims related to conducting business activity is three years, and for a sales agreement two years). |
4. Data recipients in the Online Store
4.1. For the proper functioning of the Online Store, including the performance of concluded Sales Agreements, it is necessary for the Controller to use the services of external entities (such as, for example, a software provider, courier or payment service provider). The Controller uses only the services of such processors that provide sufficient guarantees of implementing appropriate technical and organizational measures so that processing meets the requirements of the GDPR Regulation and protects the rights of data subjects.
4.2. Data is not transferred by the Controller in every case and not to all recipients or categories of recipients indicated in the privacy policy — the Controller transfers data only when it is necessary to achieve a given purpose of personal data processing and only to the extent necessary to achieve it. For example, if a Customer uses personal collection, their data will not be transferred to the carrier cooperating with the Controller.
4.3. Personal data of Service Users and Customers of the Online Store may be transferred to the following recipients or categories of recipients:
4.3.1. carriers / forwarders / courier brokers / entities handling the warehouse and/or shipping process — in the case of a Customer who uses, in the Online Store, the method of delivery of the Product by postal shipment or courier shipment, the Controller makes the collected personal data of the Customer available to the selected carrier, forwarder or intermediary performing shipments on behalf of the Controller, and if shipment is made from an external warehouse — to the entity handling the warehouse and/or shipping process — to the extent necessary to deliver the Product to the Customer.
4.3.2. entities handling electronic payments or payment card payments — in the case of a Customer who uses, in the Online Store, the method of electronic payment or payment by payment card, the Controller makes the collected personal data of the Customer available to the selected entity handling the above payments in the Online Store on behalf of the Controller, to the extent necessary to handle the payment made by the Customer.
4.3.3. credit providers / lessors — in the case of a Customer who uses, in the Online Store, payment by installments or lease payment, the Controller makes the collected personal data of the Customer available to the selected lender or lessor handling the above payments in the Online Store on behalf of the Controller, to the extent necessary to handle the payment made by the Customer.
4.3.4. providers of opinion survey systems — in the case of a Customer who has agreed to express an opinion on the concluded Sales Agreement, the Controller makes the collected personal data of the Customer available to the selected entity providing the system of surveys reviewing concluded Sales Agreements in the Online Store on behalf of the Controller, to the extent necessary for the Customer to express an opinion using the opinion survey system.
4.3.5. service providers supplying the Controller with technical, IT and organizational solutions enabling the Controller to conduct business activity, including the Online Store and the Electronic Services provided through it (in particular, providers of computer software for running the Online Store, e-mail and hosting providers, and providers of software for company management and technical support for the Controller) — the Controller makes the collected personal data of the Customer available to the selected provider acting on the Controller’s behalf only in the case and to the extent necessary to achieve the given purpose of data processing in accordance with this privacy policy.
4.3.6. providers of accounting, legal and advisory services providing the Controller with accounting, legal or advisory support (in particular an accounting office, law firm or debt collection company) — the Controller makes the collected personal data of the Customer available to the selected provider acting on the Controller’s behalf only in the case and to the extent necessary to achieve the given purpose of data processing in accordance with this privacy policy.
5. Profiling in the Online Store
5.1. The GDPR Regulation imposes on the Controller an obligation to provide information about automated decision-making, including profiling referred to in Article 22(1) and (4) of the GDPR Regulation, and — at least in those cases — meaningful information about the logic involved, as well as the significance and envisaged consequences of such processing for the data subject. Bearing this in mind, the Controller provides information concerning possible profiling in this section of the privacy policy.
5.2. The Controller may use profiling in the Online Store for direct marketing purposes, but decisions made by the Controller on its basis do not concern the conclusion or refusal to conclude a Sales Agreement, nor the possibility of using Electronic Services in the Online Store. The effect of using profiling in the Online Store may be, for example, granting a given person a discount, sending them a discount code, reminding them about unfinished purchases, sending a proposal for a Product that may correspond to the interests or preferences of the given person, or proposing better terms compared to the standard offer of the Online Store. Despite profiling, it is the given person who freely decides whether they want to use the discount or better terms received in this way and make a purchase in the Online Store.
5.3. Profiling in the Online Store consists in automatic analysis or prediction of a given person’s behavior on the Online Store website, e.g. by adding a specific Product to the basket, viewing the page of a specific Product in the Online Store, or by analyzing the previous history of purchases made in the Online Store. A condition for such profiling is that the Controller has the personal data of the given person in order to be able subsequently to send them, for example, a discount code.
5.4. The data subject has the right not to be subject to a decision which is based solely on automated processing, including profiling, and which produces legal effects concerning that person 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 Controller access to their personal data, 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 above rights are indicated in Articles 15–21 of the GDPR Regulation.
6.2. Right to withdraw consent at any time — if a person’s data is processed by the Controller on the basis of consent given (pursuant to Article 6(1)(a) or Article 9(2)(a) of the GDPR Regulation), that person has the right to withdraw consent at any time without affecting the lawfulness of processing carried out on the basis of consent before its withdrawal.
6.3. Right to lodge a complaint with a supervisory authority — a person whose data is processed by the Controller has the right to lodge a complaint with a supervisory authority in the manner and mode specified in the provisions of the GDPR Regulation 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 — on grounds relating to their particular situation — to processing of personal data concerning them based on Article 6(1)(e) (public interest or tasks) or Article 6(1)(f) (legitimate interest of the Controller), including profiling based on those provisions. In such a case, the Controller may no longer process such personal data unless the Controller demonstrates compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or grounds for establishing, pursuing or defending claims.
6.5. Right to object regarding direct marketing — if personal data is processed for direct marketing purposes, the data subject has the right at any time to object to processing of personal data concerning them for the purposes of such marketing, including profiling, to the extent that processing is related to such direct marketing.
6.6. In order to exercise the rights referred to in this section of the privacy policy, you may contact the Controller by sending an appropriate message in writing or by e-mail to the Controller’s address indicated at the beginning of the privacy policy, or by using the contact form available on the Online Store website.
7. Cookies in the Online Store and analytics
7.1. Cookies are small pieces of text information in the form of text files, sent by the server and stored on the side of the person visiting the Online Store website (e.g. on the hard drive of a computer or laptop, or on the memory card of a smartphone — depending on what device the person visiting our Online Store uses). Detailed information concerning cookies, as well as the history of their creation, can be found, among other places, here: https://pl.wikipedia.org/wiki/HTTP_cookie.
7.2. Cookies that may be sent by the Online Store website can be divided into various types according to the following criteria:
| According to their provider | According to their storage period on the device of the person visiting the Online Store website | According to the purpose of their use |
|---|---|---|
| Own cookies (created by the Controller’s Online Store website) and cookies belonging to third parties/entities (other than the Controller). | Session cookies (stored until logging out of the Online Store or closing the web browser) and persistent cookies (stored for a specified time, defined by the parameters of each file, or until manually deleted). | Necessary cookies (enabling proper functioning of the Online Store website), functional/preference cookies (enabling the Online Store website to be adapted to the preferences of the person visiting the website), analytical and performance cookies (collecting information on how the Online Store website is used), and marketing, advertising and social cookies (collecting information about the person visiting the Online Store website in order to display personalized advertisements to that person and conduct other marketing activities, including on websites separate from the Online Store website, such as social networking sites). |
7.3. The Controller may process data contained in cookies when visitors use the Online Store website for the following specific purposes:
| Purposes of using cookies in the Controller’s Online Store |
|---|
| Identifying Service Users as logged in to the Online Store and showing that they are logged in (necessary cookies). |
| Remembering Products added to the basket in order to place an Order (necessary cookies). |
| Remembering data from completed Order Forms, surveys or login data for the Online Store (necessary and/or functional/preference cookies). |
| Adapting the content of the Online Store website to the individual preferences of the Service User (e.g. concerning colors, font size, page layout) and optimizing the use of the Online Store pages (functional/preference cookies). |
| Keeping anonymous statistics showing how the Online Store website is used (statistical cookies). |
| Remarketing, that is examining the behavioral characteristics of visitors to the Online Store through anonymous analysis of their actions (e.g. repeated visits to specific pages, keywords, etc.) in order to create their profile and provide them with advertisements matched to their predicted interests, also when they visit other websites in the advertising network of Google Ireland Ltd. and Facebook, i.e. Meta Platforms Ireland Ltd. (marketing, advertising and social cookies). |
7.4. Checking in the most popular web browsers which cookies (including the operating period of cookies and their provider) are sent at a given moment by the Online Store website is possible in the following way:
| Browser | How to check cookies |
|---|---|
| Chrome | In the address bar, click the padlock icon on the left-hand side, then go to the “Cookies” tab. |
| Firefox | In the address bar, click the shield icon on the left-hand side, go to the “Allowed” or “Blocked” tab, then click “Cross-site tracking cookies”, “Social media trackers” or “Content with trackers”. |
| Internet Explorer | Click the “Tools” menu, go to “Internet options”, go to the “General” tab, go to “Settings”, then click “View files”. |
| Opera | In the address bar, click the padlock icon on the left-hand side, then go to the “Cookies” tab. |
| Safari | Click the “Preferences” menu, go to the “Privacy” tab, then click “Manage Website Data”. |
| Regardless of browser | You can use tools available, for example, at: https://www.cookiemetrix.com/ or https://www.cookie-checker.com/. |
7.5. By default, most web browsers available on the market accept the saving of cookies by default. Everyone has the possibility to define the conditions for using cookies by means of their own web browser settings. This means that one can, for example, partially limit (e.g. temporarily) or completely disable the possibility of saving cookies — however, in the latter case this may affect some functionalities of the Online Store (for example, it may prove impossible to follow the Order path through the Order Form due to Products in the basket not being remembered during subsequent steps of placing the Order).
7.6. Web browser settings regarding cookies are important from the point of view of consent to the use of cookies by our Online Store — in accordance with the regulations, such consent may also be expressed through web browser settings. Detailed information on changing cookie settings and deleting them independently in the most popular web browsers is available in the help section of the web browser and on the following pages (just click the given link): in the Chrome browser, in the Firefox browser, in the Internet Explorer browser, in the Opera browser, in the Safari browser, and in the Microsoft Edge browser.
7.7. The Controller may use in the Online Store the Google Analytics and Universal Analytics services provided by Google Ireland Limited (Gordon House, Barrow Street, Dublin 4, Ireland). These services help the Controller keep statistics and analyze traffic in the Online Store. The collected data is processed within the above services to generate statistics helpful in administering the Online Store and analyzing traffic in the Online Store. This data is aggregate in nature. By using the above services in the Online Store, the Controller collects such data as the sources and medium of acquisition of visitors to the Online Store and the way they behave on the Online Store website, information about the devices and browsers from which they visit the website, IP and domain, geographical data, and demographic data (age, gender) and interests.
7.8. It is possible for a given person to easily block the sharing with Google Analytics of information about their activity on the Online Store website — for this purpose, they may for example install the browser add-on provided by Google Ireland Ltd. available here: https://tools.google.com/dlpage/gaoptout?hl=pl.
7.9. In connection with the possibility of the Controller using advertising and analytical services provided by Google Ireland Ltd. in the Online Store, the Controller indicates that full information about the rules for processing data of persons visiting the Online Store (including information saved in cookies) by Google Ireland Ltd. can be found in Google’s services privacy policy available at: https://policies.google.com/technologies/partner-sites.
7.10. The Controller may use in the Online Store the Facebook Pixel service provided by Meta Platforms Ireland Limited (4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland). This service helps the Controller measure the effectiveness of advertisements and learn what actions visitors to the Online Store take, as well as display matched advertisements to those persons. Detailed information about the operation of the Facebook Pixel can be found at the following web address: https://www.facebook.com/business/help/742478679120153?helpref=page_content.
7.11. Managing the operation of the Facebook Pixel is possible through the advertisement settings in your account on the Facebook.com portal: https://www.facebook.com/ads/preferences/?entry_product=ad_settings_screen.
8. Final provisions
8.1. The Online Store may contain links to other websites. The Controller encourages you, after going to other websites, to read the privacy policy established there. This privacy policy applies only to the Controller’s Online Store.