1) GENERAL PROVISIONS
- The administrator of personal data collected via the Website is “OPTIMUM” M.KRAJEWSKA, J.WASYLUK – LEKARZE OKULIŚCI SPÓŁKA PARTNERSKA with its registered office in Warsaw (both seat and delivery address: ul. Bracka 11/13, 00-501 Warsaw); entered into the Register of Entrepreneurs of the National Court Register under KRS number 0000420001; registry court keeping the company documentation: District Court in Warsaw, XIII Commercial Division of the National Court Register; NIP: 7010341479; REGON: 146120372, e-mail: firstname.lastname@example.org, phone: 602353107, (0048) 22 620 3740 – hereinafter referred to as the “Administrator” and simultaneously the Website Service Provider.
- Contact details of the personal data protection officer appointed by the Administrator: Ms Olga Polakowska, email: email@example.com.
- Personal data on the Website is processed by the Administrator 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 individuals with regard to the processing of personal data and on free movement of such data and repealing Directive 95/46 / EC (General Data Protection Regulation) – hereinafter referred to as “GDPR” or “GDPR Regulation”. Official text of the GDPR Regulation can be found at: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32016R0679
- The Administrator takes special care to protect the interests of the processed personal data subjects, and in particular is responsible and ensures that the collected data is: (1) processed in accordance with the law; (2) collected for specified, lawful purposes and not subjected to further processing incompatible with these purposes; (3) factually correct and adequate in relation to the purposes for which it is processed; (4) stored in a form enabling the identification of persons to whom they relate, no longer than it is necessary to achieve the purpose of processing, and (5) processed in a manner ensuring adequate security of personal data, including protection against unauthorized or unlawful processing and accidental loss, destruction or damage by appropriate technical or organizational measures.
- Taking into account the nature, scope, context and purposes of processing as well as the risk of violating the rights or freedoms of natural persons with different probability and severity of the threat, the Administrator implements appropriate technical and organizational measures to ensure that the processing takes place in accordance with this regulation and to be able to prove it. These measures are reviewed and updated as necessary. The Administrator uses technical measures to prevent the acquisition and modification of electronically sent personal data by unauthorized persons.
2) BASIS FOR DATA PROCESSING
1. The Administrator is entitled to process personal data in cases where – and to the extent in which – at least one of the following conditions is met: (1) the data subject has consented to the processing of their personal data in one or more specific goals; (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 to fulfill the legal obligation incumbent on the Administrator; or (4) processing is necessary for the purposes of the legitimate interests pursued by the Administrator or by a third party, except where these interests are overridden by the interests or fundamental rights and freedoms of the data subject, requiring the protection of personal data, in particular when the data subject is a child.
3) PURPOSE, BASIS AND PERIOD OF DATA PROCESSING ON THE WEBSITE
- Each time the purpose, basis and period as well as the recipients of personal data processed by the Administrator result from actions taken by a given Website User or by the Administrator.
- In connection with the subject of the Service Provider’s activity, the Service Provider, with the Service Recipient’s consent, may process the Service Recipient’s sensitive data, i.e. health data (referred to in Article 9.1 of the GDPR).
- The Administrator may process personal data as part of the Website for the following purposes, on the basis and during the periods indicated in the table below.
|Purpose of data processing||Legal basis for data processing||Time of data storage|
|Performance of the contract for the provision of Electronic Service or taking action at the request of the data subject, before concluding the above-mentioned contract.||Article 6.1.b) of the GDPR (contract performance) – 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 contract for the Electronic Service provision.|
|Direct marketing||Article 6.1.f) of the GDPR (legitimate interests of the administrator) – processing is necessary for the purposes of the legitimate interests pursued by the Administrator – consisting in caring for the interests and good image of the Administrator, their Website and striving to sell their services.||Data is stored for the duration of the legitimate interest carried out by the Administrator, but no longer than for the period of limitation of the Administrator’s claims in relation to the data subject, due to the business activity conducted by the Administrator. The limitation period is defined by law, in particular the Civil Code (the basic limitation period for claims related to running a business is three years). The administrator may not process data for the purpose of direct marketing in the event of an effective objection in this regard by the data subject.|
|Marketing||Article 6.1.a) of the GDPR (consent) – the data subject has given consent to the processing of their personal data for marketing purposes by the Administrator||The data is stored until the data subject withdraws his consent for further processing of his data for this purpose.|
|Determining, investigating or defending claims that may be raised by the Administrator or that may be raised against the Administrator||Article 6.1.f) of the GDPR (legitimate interests of the administrator) – processing is necessary for the purposes of the legitimate interests pursued by the Administrator – consisting in establishing, investigating or defending claims that may be raised by the Administrator or which may be raised against the Administrator||The data is stored for the duration of the legitimate interest pursued by the Administrator, but no longer than for the period of limitation of claims that may be raised against the Administrator (the basic limitation period for claims against the Administrator is six years).|
|Running the Website and ensuring its proper functioning||Article 6.1.f) of the GDPR (legitimate interests of the administrator) – processing is necessary for the purposes of the legitimate interests pursued by the Administrator – consisting in running and maintaining the Website. The data is stored for the duration of the legitimate interest pursued by the Administrator, but not longer than for the period of limitation of the Administrator’s claims against the data subject due to the business activity conducted by the Administrator. The limitation period is defined by law, in particular the Civil Code (the basic limitation period for claims related to running a business is three years).|
|Keeping statistics and analyzing traffic on the Website||Article 6.1.f) of the GDPR (legitimate interests of the administrator) – processing is necessary for the purposes of the legitimate interests pursued by the Administrator – consisting in keeping statistics and analyzing traffic on the Website in order to improve the functioning of the Website and increase the sale of services.||The data is stored for the duration of the legitimate interest pursued by the Administrator, but no longer than for the period of limitation of the Administrator’s claims against the data subject due to the business activity conducted by the Administrator. The limitation period is defined by law, in particular the Civil Code (the basic limitation period for claims related to running a business is three years).|
4) DATA RECIPIENTS ON THE WEBSITE
- For the proper functioning of the Website, it is necessary for the Administrator to use the services of external entities (such as, for example, a software provider). The Administrator uses only the services of such processors who provide sufficient guarantees to implement appropriate technical and organizational measures so that the processing meets the requirements of the GDPR Regulation and protects the rights of the data subjects.
- Personal data of the Website Users may be transferred to the following recipients or categories of recipients:
b. providers of social network plugins, scripts and other similar tools placed on the Website, allowing the browser of the Website visitor to download content from the providers of the said plugins (e.g. logging in using login data for a given social network) and transferring the personal data of the visitor to the suppliers for this purpose, including:
c. Facebook Ireland Ltd. – the Administrator uses Facebook plugins on the Website (e.g. the Like! button, Share or log in using Facebook) and therefore collects and provides personal data of the Service Recipient using the Website to Facebook Ireland Ltd. (4 Grand Canal Square, Grand Canal Harbor, Dublin 2 Ireland) to the extent and in accordance with the privacy principles available here: https://www.facebook.com/about/privacy/ (this data includes information on the activities on the Website – including information about the device, websites visited, purchases, advertisements displayed and the way of using the services – regardless of whether the Service Recipient has a Facebook account and is logged in to Facebook).
5) PROFILING ON THE WEBSITE
- The Administrator may use profiling on the Website for direct marketing purposes, but the decisions made on its basis by the Administrator do not apply to the possibility of using Electronic Services on the Website.
- Profiling on the Website consists in an automatic analysis or forecast of a given person’s behavior on the Website, or by analyzing the history of activities undertaken on the Website so far. The condition for such profiling is the Administrator having personal data of a given data subject.
- The data subject has the right not to be subject to a decision which is based solely on automated processing, including profiling, and produces legal effects or significantly affects the person in a similar way.
6) RIGHTS OF THE DATA SUBJECT
- The right to access, rectify, limit, delete or transfer – the data subject has the right to request the Administrator to access their personal data, rectify it, delete (“the right to be forgotten”) or limit processing and has the right to object to processing, and also has the right to transfer their data. Detailed conditions for the exercise of the above-mentioned rights are set out in Articles 15-21 of the GDPR.
- The right to withdraw consent at any time – a person whose data is processed by the Administrator on the basis of expressed consent (pursuant to Article 6.1.a) or Article 9.2.a) of the GDPR) has the right to withdraw consent at any time without affecting the lawfulness of processing based on consent before its withdrawal.
- The right to lodge a complaint to the supervisory body – the person whose data is processed by the Administrator has the right to lodge a complaint with the supervisory body in the manner specified in the provisions of the GDPR and Polish law, in particular the Personal Data Protection Act. The supervisory body in Poland is the President of the Personal Data Protection Office.
- The right to object – the data subject has the right to object at any time – for reasons related to their particular situation – to the processing of their personal data based on Article 6.1.e) (public interest or tasks) or f) (legitimate interests of the administrator), including profiling based on these provisions. In such a case, the Administrator is no longer allowed to process this personal data, unless they demonstrate the existence of legally valid grounds for processing, overriding the interests, rights and freedoms of the data subject, or the grounds for establishing, investigating or defending claims.
- The right to object to direct marketing – if personal data is processed for the purposes of direct marketing, the data subject has the right to object at any time to the processing of their personal data for the purposes of such marketing, including profiling, in the scope of in which the processing is related to such direct marketing.
7) COOKIES ON THE WEBSITE AND ANALYTICS
- Cookies are small text information in the form of text files, sent by the server and saved on the device of the person visiting the Website (e.g. on the hard drive of their computer, laptop or on their smartphone memory card – depending on which the device is used by the Website visitor). Detailed information on cookies, as well as the history of their creation, can be found at: https://en.wikipedia.org/wiki/HTTP_cookie.
- Cookies that can be sent by the Website can be divided into different types, according to the following criteria:
– supplier: own (created by the Administrator’s Website) or belonging to third parties (other than the Administrator)
– storage period on the device of the Website visitor: session-based (stored until logging out of the Website or turning off the web browser) and permanent (stored for a specified time, defined by the parameters of each file or until manual deletion)
– purpose of their use: necessary (enabling the proper functioning of the Website), functional/preferential (adjusting the Website to the preferences of the Website visitor), analytical and performance-related (collecting information on how the Website is used), marketing, advertising and social (collecting information about the Website visitor in order to display personalized advertisements to that person and conduct other marketing activities, including on websites separate from the Website, such as social networks.
3. The Administrator may process the data contained in Cookies when visitors use the Website for the following specific purposes:
– remembering data from completed forms (necessary and/or functional/preferential cookies)
– adjusting the content of the Website to the individual preferences of the Service Recipient (e.g. regarding colors, font size, page layout) and optimizing the use of the Website pages (functional/preferential cookies)
– keeping anonymous statistics showing how the Website is used (statistical cookies)
4. Checking which Cookies (including the period of operation of cookies and their supplier) are currently sent by the Website in the most popular web browsers is possible in the following way:
(1) in the address bar, click the lock icon on the left, (2) go to the “Cookies” tab.
(1) in the address bar, click the shield icon on the left, (2) go to the “Allowed” or “Blocked” tab, (3) click the “Cross-site tracking cookies”, “Social trackers” or “Content from trackers ”
In Internet Explorer:
(1) click the “Tools” menu, (2) go to the “Internet options” tab, (3) go to the “General” tab, (4) go to the “Settings” tab, (5) click “View files”
(1) in the address bar, click the lock icon on the left, (2) go to the “Cookies” tab.
(1) click the “Preferences” menu, (2) go to the “Privacy” tab, (3) click “Manage website data”
Regardless of the browser, using the tools available, for example, at: https://www.cookiemetrix.com/ or: https://www.cookie-checker.com/
5. Most internet browsers available on the market accept cookies by default. Everyone has the option to define the terms of using cookies using the settings of their own web browser. This means that you can, for example, partially limit (e.g. temporarily) or completely disable the option of saving Cookies. However, in the latter case it may affect some of the Website functionalities (for example, it may be impossible to pass the Order path through the Order Form, as Products will not be saved in the cart during subsequent steps of placing the Order).
7. The Administrator may use Google Analytics, Universal Analytics services provided by Google Ireland Limited (Gordon House, Barrow Street, Dublin 4, Ireland) on the Website. These services help the Administrator keep statistics and analyze traffic on the Website. The collected data is processed as part of the above services to generate statistics helpful in administering the Website and analyzing traffic on the Website. The data is aggregate. The Administrator, using the above services on the Website, collects such data as the sources and medium of attracting Website visitors and observing the manner of their behavior on the Website, information on devices and browsers from which they visit the website, IP and domain, geographic and demographic data (age, gender) and their interests.
8. It is possible to easily block information about the activity on the Website – for this purpose, you can, for example, install a browser add-on provided by Google Ireland Ltd. available here: https://tools.google.com/dlpage/gaoptout?hl=en.
8) FINAL PROVISIONS