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Privacy Policy of the online store gagaboo.com
Table of Contents
GENERAL PROVISIONS
BASIS FOR DATA PROCESSING
PURPOSE, BASIS AND PERIOD OF DATA PROCESSING IN THE ONLINE STORE
RECIPIENTS OF DATA 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 Service Recipients or Customers of the Online Store. The privacy policy primarily contains rules regarding the processing of personal data by the Controller in the Online Store, including the bases, purposes and scope of the processing of personal data and the rights of the 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 via the Online Store is the company BANANABYTE LIMITED LIABILITY COMPANY with its registered office in Kraków (registered office address: ul. Lipowa 3D, 30-702 Kraków, correspondence address: ul. Solna 3/14, 61-735 Poznań), entered in the Register of Entrepreneurs of the National Court Register under KRS number 0001192963; the registration court where the company’s documentation is kept: DISTRICT COURT FOR KRAKÓW-ŚRÓDMIEŚCIE IN KRAKÓW, 11TH COMMERCIAL DIVISION OF THE NATIONAL COURT REGISTER, e-mail address: shop@gagaboo.com and contact telephone number: +48 502 587 646 – hereinafter referred to as the “Controller” and at the same time the Service Provider of the Online Store and the Seller.
1.3. Personal data in the Online Store are 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”. Official text of the GDPR Regulation: http://eur-lex.europa.eu/legal-content/PL/TXT/?uri=CELEX%3A32016R0679
1.4. The use of the Online Store, including making purchases, is voluntary. Similarly, the provision of personal data by the Service Recipient or Customer using the Online Store is voluntary, subject to two exceptions: (1) conclusion of contracts with the Controller – failure to provide, in the cases and to the extent indicated on the Online Store website and in the Terms and Conditions of the Online Store and this privacy policy, the personal data necessary to conclude and perform a Sales Contract or a contract for the provision of an Electronic Service with the Controller results in the inability to conclude such a contract. In such a case, the provision of personal data is a contractual requirement and if the person to whom the data relate wishes to conclude the given contract with the Controller, they are obliged to provide the required data. The scope of data required to conclude a contract is indicated each time in advance on the Online Store website and in the Terms and Conditions of the Online Store; (2) statutory obligations of the Controller – the provision of personal data is a statutory requirement resulting from generally applicable legal provisions imposing on the Controller the obligation to process personal data (e.g. processing of data for the purpose of keeping accounting books) and failure to provide them will prevent the Controller from performing these obligations.
1.5. The Controller exercises special diligence to protect the interests of persons whose personal data it processes, and in particular is responsible for and ensures that the data it collects are: (1) processed lawfully; (2) collected for specified, legitimate purposes and not further processed in a manner incompatible with those purposes; (3) factually correct and adequate in relation to the purposes for which they are processed; (4) stored in a form which permits identification of the data subjects for no longer than is necessary to achieve the purpose of the processing; and (5) processed in a manner that ensures appropriate security of personal data, including protection against unauthorized or unlawful processing and accidental loss, destruction or damage, by using appropriate technical or organizational measures.
1.6. Taking into account the nature, scope, context and purposes of the processing as well as the risk of violation of the rights or freedoms of natural persons of varying likelihood and severity, the Controller implements appropriate technical and organizational measures to ensure that the processing is carried out in accordance with the GDPR and to be able to demonstrate this. These measures are reviewed and updated as necessary. The Controller applies technical measures to prevent unauthorized persons from acquiring and modifying personal data transmitted electronically.
1.7. Any 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 Terms and Conditions of the Online Store available on the Online Store website.
2. BASIS FOR DATA PROCESSING
2.1. The Controller is entitled to process personal data in cases where – and to the extent that – 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 specific purposes; (2) the processing is necessary for the performance of a contract to which the data subject is a party, or in order to take steps at the request of the data subject prior to entering into a contract; (3) the processing is necessary for compliance with a legal obligation to which the Controller is subject; or (4) the 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 which require the protection of personal data, in particular where the data subject is a child.
2.2. The processing of personal data by the Controller requires, in each case, the existence of at least one of the bases indicated in point 2.1 of this privacy policy. The specific bases for processing the personal data of Service Recipients and Customers of the Online Store by the Controller are indicated in the following section of this privacy policy – in relation to the specific 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 the personal data processed by the Controller depend on the actions undertaken by a given Service Recipient or Customer in the Online Store or by the Controller. For example, if a Customer decides to make a purchase in the Online Store and chooses personal pickup of the purchased Product instead of courier delivery, their personal data will be processed for the purpose of performing the concluded Sales Contract but 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:
4. RECIPIENTS OF DATA IN THE ONLINE STORE
4.1. For the proper functioning of the Online Store, including the execution of concluded Sales Contracts, it is necessary for the Controller to use the services of external entities (such as software providers, couriers, or payment processors). The Controller uses only the services of such processing entities that provide sufficient guarantees for the implementation of appropriate technical and organizational measures so that the processing meets the requirements of the GDPR Regulation and protects the rights of the data subjects.
4.2. Personal data may be transferred by the Controller to a third country; however, the Controller ensures that in such a case this will take place only in relation to a country that provides an 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 the possibility to obtain a copy of their data. The Controller transfers collected personal data only in cases and to the extent necessary to achieve a specific purpose of data processing consistent with this privacy policy.
4.3. Data transfer by the Controller does not occur in every case and not to all recipients or categories of recipients indicated in this 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 chooses personal pickup, their data will not be transferred to the carrier cooperating with the Controller.
4.4. The personal data of Service Recipients and Customers of the Online Store may be transferred to the following recipients or categories of recipients:
4.4.1. carriers / freight forwarders / courier brokers / entities handling the warehouse and/or shipping process – in the case of a Customer who uses the method of Product delivery by postal or courier shipment in the Online Store, the Controller provides the collected personal data of the Customer to the selected carrier, freight forwarder, or intermediary handling shipments on behalf of the Controller, and if the shipment takes place from an external warehouse – to the entity handling the warehouse and/or the shipping process – to the extent necessary to deliver the Product to the Customer.
4.4.2. entities handling electronic or card payments – in the case of a Customer who uses electronic or card payment methods in the Online Store, the Controller provides the collected personal data of the Customer to the selected entity handling the above payments in the Online Store on behalf of the Controller, to the extent necessary to process the payment made by the Customer.
4.4.3. credit entities – in the case of a Customer who uses installment or deferred payment methods in the Online Store, the Controller provides the collected personal data of the Customer to the selected creditor or financing entity handling the above payments in the Online Store on behalf of the Controller, to the extent necessary to process the payment made by the Customer.
4.4.4. providers of survey systems for collecting reviews – in the case of a Customer who has agreed to give feedback about a concluded Sales Contract, the Controller provides the collected personal data of the Customer to the selected entity providing the survey system for reviewing concluded Sales Contracts in the Online Store on behalf of the Controller, to the extent necessary for the Customer to submit their review through the survey system.
4.4.5. service providers supplying the Controller with technical, IT, and organizational solutions that enable the Controller to conduct business operations, including the Online Store and the Electronic Services provided through it (in particular providers of computer software for operating the Online Store, providers of e-mail and hosting services, as well as providers of software for company management and technical support for the Controller) – the Controller provides the collected personal data of the Customer to the selected provider acting on its behalf only in the case and to the extent necessary to achieve a specific purpose of data processing consistent with this privacy policy.
4.4.6. providers of accounting, legal, and advisory services providing the Controller with accounting, legal, or advisory support (in particular accounting offices, law firms, or debt collection companies) – the Controller provides the collected personal data of the Customer to the selected provider acting on its behalf only in the case and to the extent necessary to achieve a specific purpose of data processing consistent with this privacy policy.
4.4.7. providers of social plugins, scripts, and other similar tools placed on the Online Store website, enabling the browser of the person visiting the Online Store website to download content from the providers of the mentioned plugins (e.g., login using social network credentials) and, for this purpose, transferring the visitor’s personal data to those providers, including:
4.4.7.1. Meta Platforms Ireland Ltd. – The Controller uses on the Online Store website social plugins from Facebook (e.g., Like button, Share button, or login using Facebook credentials) and Instagram, and therefore collects and provides personal data of the Service Recipient using the Online Store website to Meta Platforms Ireland Ltd. (4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland) to the extent and in accordance with the privacy rules available – for Facebook – here: https://www.facebook.com/about/privacy/ and – for Instagram – here: https://help.instagram.com/519522125107875/?helpref=hc_fnav (this data includes information about activities on the Online Store website – including device information, visited websites, purchases, displayed ads, and how services are used – regardless of whether the Service Recipient has a Facebook or Instagram account and whether they are logged into Facebook or Instagram).
4.4.7.2. Google Ireland Ltd. – The Controller uses on the Online Store website social plugins from Google (e.g., login using Google credentials) and therefore collects and provides personal data of the Service Recipient using the Online Store website to Google Ireland Ltd. (Gordon House, Barrow Street, Dublin 4, Ireland) to the extent and in accordance with the privacy policy available here: https://policies.google.com/privacy?hl=pl (this data includes information about activities on the Online Store website – including device information, visited websites, purchases, displayed ads, and how services are used – regardless of whether the Service Recipient has a Google account and whether they are logged into that account).
5. PROFILING IN THE ONLINE STORE
5.1. The GDPR Regulation imposes on the Controller the obligation to inform about automated decision-making, including profiling referred to in Article 22(1) and (4) of the GDPR Regulation, and – at least in such cases – to provide essential information about the principles of their decision-making, as well as about the significance and the envisaged consequences of such processing for the data subject. Considering this, the Controller provides in this section of the privacy policy information regarding possible profiling.
5.2. The Controller may use profiling in the Online Store for the purposes of direct marketing, but decisions made by the Controller on its basis do not concern the conclusion or refusal to conclude a Sales Contract or 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 person a discount, sending them a discount code, reminding them of unfinished purchases, sending an offer for a Product that may match the person’s interests or preferences, or offering better terms compared to the standard offer of the Online Store. Despite profiling, it is the person who freely decides whether they want to use the received discount or better terms and make a purchase in the Online Store.
5.3. Profiling in the Online Store consists of an automatic analysis or prediction of a given person’s behavior on the Online Store website, e.g., by adding a specific Product to the cart, browsing the page of a specific Product in the Online Store, or by analyzing the purchase history in the Online Store. The condition for such profiling is that the Controller possesses the personal data of the given person in order to be able 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 them 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 (“the 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 – where data is processed by the Controller based on consent (under Article 6(1)(a) or Article 9(2)(a) of the GDPR Regulation), the data subject has the right to withdraw consent at any time without affecting the lawfulness of processing based on consent before its withdrawal.
6.3. Right to lodge a complaint with a supervisory authority – the person whose data is processed by the Controller has the right to lodge a complaint with a supervisory authority in the manner and according to the procedure specified in the provisions of the GDPR Regulation and Polish law, in particular the Act on the Protection of Personal Data. 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 to object at any time, on grounds relating to their particular situation, to the processing of their personal data based on Article 6(1)(e) (public interest or official authority) or (f) (legitimate interest of the controller), including profiling based on those provisions. In such a case, the Controller is no longer permitted to process those personal data unless it demonstrates compelling legitimate grounds for the processing which override the interests, rights, and freedoms of the data subject or grounds for the establishment, exercise, or defense of legal claims.
6.5. Right to object to direct marketing – where personal data are processed for direct marketing purposes, the data subject has the right to object at any time to the processing of their personal data for such marketing purposes, including profiling, to the extent that it is related to such direct marketing.
6.6. To exercise the rights referred to in this section of the privacy policy, one 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 this 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 text files in the form of text information sent by a server and stored on the side of the person visiting the Online Store website (e.g., on the hard drive of a computer, laptop, or on the memory card of a smartphone – depending on the device used by the visitor of our Online Store). Detailed information about cookies, as well as their history, can be found, among others, here: https://en.wikipedia.org/wiki/HTTP_cookie.
7.2. The cookies that may be sent by the Online Store website can be divided into various types according to the following criteria:
By their provider:
1. first-party (created by the Online Store website of the Controller); and
2. third-party (belonging to entities other than the Controller).
By their storage duration on the device of the person visiting the Online Store website:
1. session cookies (stored until logging out of the Online Store or closing the web browser); and
2. persistent cookies (stored for a specified time defined by the parameters of each file or until manually deleted).
By their purpose of use:
1. necessary (enabling the proper functioning of the Online Store website),
2. functional/preferential (allowing the Online Store website to be adapted to the preferences of the visitor),
3. analytical and performance (collecting information on how the Online Store website is used),
4. marketing, advertising, and social (collecting information about the visitor for the purpose of displaying ads to that person, personalizing them, measuring their effectiveness, and conducting other marketing activities, including on websites other than the Online Store website, such as social networking sites or other websites belonging to the same advertising networks as the Online Store).
7.3. The Controller may process data contained in cookies while visitors use the Online Store website for the following specific purposes:
Purposes of using cookies in the Controller’s Online Store:
• identifying Service Recipients as logged into the Online Store and showing that they are logged in (necessary cookies),
• remembering Products added to the cart to place an Order (necessary cookies),
• remembering data from completed Order Forms, surveys, or login data to the Online Store (necessary and/or functional/preferential cookies),
• customizing the content of the Online Store website to the individual preferences of the Service Recipient (e.g., regarding colors, font size, layout) and optimizing the use of the Online Store website (functional/preferential cookies),
• conducting anonymous statistics showing how the Online Store website is used (analytical and performance cookies),
• displaying and rendering advertisements, limiting the number of ad impressions, ignoring ads the Service Recipient does not want to see, measuring ad effectiveness, and personalizing ads – that is, analyzing the characteristics of visitors’ behavior through anonymous analysis of their activities (e.g., repeated visits to specific pages, keywords, etc.) to create their profile and deliver ads tailored to their predicted interests, including when they visit other websites within the advertising network of Google Ireland Ltd. and Facebook, i.e., Meta Platforms Ireland Ltd. (marketing, advertising, and social cookies).
7.4. It is possible to check in the most popular web browsers what cookies (including their lifespan and provider) are currently being sent by the Online Store website as follows:
In the Chrome browser:
(1) click the padlock icon on the left side of the address bar,
(2) go to the “Cookies” tab.
In the Firefox browser:
(1) click the shield icon on the left side of the address bar,
(2) go to the “Allowed” or “Blocked” tab,
(3) click the “Cross-site tracking cookies,” “Social media trackers,” or “Content with tracking elements” field.
In the Internet Explorer browser:
(1) click the “Tools” menu,
(2) go to “Internet Options,”
(3) go to the “General” tab,
(4) click “Settings,”
(5) click “View Files.”
In the Opera browser:
(1) click the padlock icon on the left side of the address bar,
(2) go to the “Cookies” tab.
In the Safari browser:
(1) click the “Preferences” menu,
(2) go to the “Privacy” tab,
(3) click the “Manage Website Data” field.
Regardless of the browser, this can also be checked using 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 storage of cookies. Everyone can determine the conditions for the use of cookies through their web browser settings. This means, for example, that one can partially limit (e.g., temporarily) or completely disable the ability to store cookies – however, in the latter case, this may affect some functionalities of the Online Store (for example, it may be impossible to follow the Order path through the Order Form, as Products in the cart may not be remembered during subsequent steps).
7.6. Browser settings regarding cookies are important from the perspective of consent to the use of cookies by our Online Store – according to regulations, such consent may also be expressed through the settings of the web browser. Detailed information on how to change cookie settings and how to delete them independently in the most popular web browsers is available in the browser’s help section and on the following pages (just click the link):
• Chrome browser
• Firefox browser
• Internet Explorer browser
• Opera browser
• Safari browser
• Microsoft Edge browser
7.7. The Controller may use in the Online Store the services of Google Analytics or Universal Analytics provided by Google Ireland Limited (Gordon House, Barrow Street, Dublin 4, Ireland). These services help the Controller to maintain statistics and analyze traffic in the Online Store. The data collected is processed within these services to generate statistics useful for administering the Online Store and analyzing traffic. These data are aggregated. By using these services in the Online Store, the Controller collects such data as the sources and medium of visitors’ acquisition and their behavior on the Online Store website, information about the devices and browsers used to visit the website, IP and domain, geographic data, and demographic data (age, gender) and interests.
7.8. It is possible for a person to easily block the sharing of information about their activity on the Online Store website with Google Analytics – for this purpose, for example, one can 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 the full information about the principles of data processing of persons visiting the Online Store (including information stored 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.
7.10. The Controller may use in the Online Store the Meta 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 tailored ads to those individuals. Detailed information about the operation of Meta Pixel can be found at: https://www.facebook.com/business/help/742478679120153?helpref=page_content.
7.11. Managing the operation of Meta Pixel is possible through the ad settings in one’s Facebook.com account: https://www.facebook.com/ads/preferences/?entry_product=ad_settings_screen.
7.12. The Controller may use in the Online Store the Hotjar service provided by Hotjar Ltd. This service helps the Controller monitor and record actions taken by visitors to the online store. Detailed information about the operation of Hotjar can be found at: https://www.hotjar.com/legal/.
8. FINAL PROVISIONS
8.1. The Online Store may contain links to other websites. The Controller encourages that after being redirected to other websites, one reads the privacy policy established there. This privacy policy applies only to the Controller’s Online Store.