PRIVACY POLICY
I
DEFINITIONS
- Administrator - Hotchilisex Sp. z o. o. with its seat in Gdańsk, Al. Grunwaldzka No. 56, apartment 113, 80-241 Gdańsk, entered into the Register of Entrepreneurs kept by the District Court in Gdańsk, 7th Commercial Division of the National Court Register, under the number KRS 0000906274, NIP 9571134388, REGON 389193990, with share capital of PLN 5,000.00, paid in full.
- Personal data - all information about a natural person identified or identifiable by one or more specific factors determining the physical, physiological, genetic, mental, economic, cultural or social identity, including device IP, location data, internet identifier and information collected using cookies and other similar technology.
- Policy - this Privacy Policy.
- GDPR - 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 the free movement of such data, and the repeal of Directive 95/46 / EC.
- Website - a website run by the Administrator at www.hotchilisex.com.
- User - any natural person visiting the Website or using one or more services or functionalities described in the Policy.
II
DATA PROCESSING
- In connection with the User's use of the Website, the Administrator collects data to the extent necessary to provide individual services offered, as well as information about the User's activity on the Website. The detailed rules and purposes of processing personal data collected during the use of the Website by the User are described below.
- Personal data of all persons using the Website (including IP address or other identifiers and information collected via cookies or other similar technologies) and not being registered Users (i.e. persons without a profile on the Website) are processed by the Administrator:
- in order to provide services electronically in the scope of providing Users with content collected on the Website, providing offers from other sellers, sharing contact forms - then the legal basis for processing is the necessity of processing to perform the contract (Article 6 (1) (b) of the GDPR);
- in order to handle purchases made without registration on the Website - then the legal basis for processing is the necessity of processing to perform the contract (Article 6 (1) (b) of the GDPR);
- in order to handle complaints - then the legal basis for processing is the necessity of processing to perform the contract (Article 6 (1) (b) of the GDPR);
- for analytical and statistical purposes - then the legal basis for processing is the Controller's legitimate interest (Article 6 (1) (f) of the GDPR) consisting in conducting analyzes of Users' activity, as well as their preferences in order to improve the functionalities and services provided;
- in order to possibly establish and pursue claims or defend against them - the legal basis for processing is the legitimate interest of the Administrator (Article 6 (1) (f) of the GDPR) consisting in the protection of his rights;
- for the marketing purposes of the Administrator and other entities, in particular related to the presentation of advertising - the rules for the processing of personal data for marketing purposes are described in the "MARKETING" section.
- The User's activity on the Website, including his personal data, is recorded in system logs (a special computer program used to store a chronological record containing information about events and activities related to the IT system used for the provision of services by the Administrator). Information collected in the logs processed in connection with the provision of services. The administrator also processes them for technical purposes, in particular, the data may be temporarily stored and processed to ensure the security and proper functioning of IT systems, e.g. in connection with backing up, testing changes in IT systems, detecting irregularities or protecting against abuse and attacks. .
III
REGISTRATION ON THE WEBSITE
- Persons who register on the Website are asked to provide the data necessary to create and maintain an account. In order to facilitate service, the User may provide additional data, thus consenting to their processing. Such data can be deleted at any time. Providing data marked as mandatory is required to set up and operate an account, and failure to do so results in the inability to create an account. Providing other data is voluntary.
- Personal data is processed:
- in order to provide services related to the maintenance and service of an account on the Website - the legal basis for processing is the necessity of processing to perform the contract (Article 6 (1) (b) of the GDPR), and in the scope of optional data - the legal basis for processing is consent (Article 6 (1) (a) of the GDPR);
- for analytical and statistical purposes - the legal basis for processing is the legitimate interest of the Administrator (Article 6 (1) (f) of the GDPR) consisting in conducting analyzes of Users' activity on the Website and how to use the account, as well as their preferences in order to improve the functionalities used;
- in order to possibly establish and pursue claims or defend against them - the legal basis for processing is the legitimate interest of the Administrator (Article 6 (1) (f) of the GDPR) consisting in the protection of his rights.
- for marketing purposes of the Administrator and other entities, in particular sellers - the rules for the processing of personal data for marketing purposes are described in the "MARKETING" section.
- If the User places any personal data of other people on the Website (including their name, address, telephone number or e-mail address), they may do so only if they do not violate the applicable law and personal rights of these people.
IV
SUBMISSION OF ORDERS
- Placing an order (purchase of goods) by the Website User involves the processing of his personal data. Providing data marked as mandatory is required in order to accept and service the order, and failure to do so results in the lack of its implementation. Providing other data is optional.
- Personal data is processed:
- in order to fulfill the order placed - the legal basis for processing is the necessity of processing to perform the contract (Article 6 (1) (b) of the GDPR); in the scope of optional data, the legal basis for processing is consent (Article 6 (1) (a) of the GDPR);
- in order to fulfill the statutory obligations incumbent on the Administrator, resulting in particular from tax and accounting regulations - the legal basis for processing is the legal obligation (Article 6 (1) (c) of the GDPR);
- for analytical and statistical purposes - the legal basis for processing is the Administrator's legitimate interest (Article 6 (1) (f) of the GDPR) consisting in conducting analyzes of Users' activity on the Website, as well as their purchasing preferences in order to improve the functionalities used;
- in order to possibly establish and pursue claims or defend against them - the legal basis for processing is the legitimate interest of the Administrator (Article 6 (1) (f) of the GDPR) consisting in the protection of his rights;
- for purposes related to the satisfaction survey, in particular by sending to the e-mail address a communication requesting an opinion (review) or completing a satisfaction survey - the legal basis for processing is the legitimate interest of the Administrator (Article 6 (1) (f) of the GDPR) consisting in on maintaining high quality of service and the level of customer satisfaction with the products and services offered.
V
CONTACT FORMS
- The administrator provides the possibility of contacting him using electronic contact forms. Using the form requires providing personal data necessary to contact the User and answer the inquiry. The User may also provide other data to facilitate contact or service the inquiry. Providing data marked as mandatory is required in order to accept and handle the inquiry, and failure to do so results in the inability to handle. Providing other data is voluntary.
- Personal data is processed:
- in order to identify the sender and handle his inquiry sent via the provided form - the legal basis for processing is the necessity of processing to perform the service contract (Article 6 (1) (b) of the GDPR);
- for analytical and statistical purposes - the legal basis for processing is the Controller's legitimate interest (Article 6 (1) (f) of the GDPR) consisting in keeping statistics of inquiries submitted by Users via the Website in order to improve its functionality;
- for purposes related to the satisfaction survey, in particular by sending to the e-mail address communication with a request to complete a satisfaction survey - the legal basis for processing is the legitimate interest of the Administrator (Article 6 (1) (f) of the GDPR) consisting in maintaining high quality of service and the level of customer satisfaction with the products and services offered.
VI
MARKETING
- The Administrator processes Users' personal data in order to carry out marketing activities, which may include:
- displaying marketing content to the User that is not tailored to his preferences;
- displaying marketing content to the User corresponding to his interests;
- sending email notifications about interesting offers or content, which in some cases contain commercial information;
- conducting other types of activities related to direct marketing of goods (sending commercial information by electronic means and telemarketing activities).
- In order to carry out marketing activities, the Administrator uses profiling in some cases. This means that thanks to automatic data processing, the Administrator assesses selected factors relating to natural persons in order to analyze their behavior or create a forecast for the future.
- If the User has consented to receive marketing information via email, SMS and other means of electronic communication, the User's personal data will be processed for the purpose of sending such information. The basis for data processing is the Administrator's legitimate interest in sending marketing information within the limits of the consent given by the User. The user has the right to object to the processing of data for the purposes of direct marketing, including profiling. The data will be stored for this purpose for the duration of the legitimate interest of the Administrator, unless the User objects to receiving marketing information.
VII
ADVERTISING
- The Administrator processes Users' personal data for marketing purposes in connection with directing contextual advertising to Users (i.e. advertising that does not match the User's preferences). The processing of personal data takes place then in connection with the implementation of the legitimate interest of the Administrator (Article 6 (1) (f) of the GDPR).
- The Administrator processes Users' personal data, including personal data collected via cookies and other similar technologies, for marketing purposes in connection with targeting behavioral advertising to Users (i.e. advertising that is tailored to the User's preferences). The processing of personal data then also includes profiling of Users. The use of personal data collected through this technology for marketing purposes, in particular to promote third party services and goods, is based on the legitimate interest of the administrator and only on condition that the User has consented to the use of cookies. Consent to the use of cookies may be expressed through the appropriate configuration of the browser, and may also be withdrawn at any time, in particular by clearing the cookie history and disabling cookies in the browser settings.
- This consent may be withdrawn at any time.
VII
SOCIAL PORTALS
The Administrator processes the personal data of Users visiting the Administrator's profiles on social media (Facebook, YouTube, Instagram, Twitter, Google+, Pinterest, TikTok, etc.). These data are processed only in connection with keeping the profile, including to inform Users about the Administrator's activity and to promote various types of events, services and products, as well as to communicate with users through the functionalities available on social media. The legal basis for the processing of personal data by the Administrator for this purpose is its legitimate interest (Article 6 (1) (f) of the GDPR) consisting in promoting its own brand and building and maintaining a brand-related community.
VIII
COOKIES
- Cookies are small text files installed on the device of the User browsing the website. Cookies collect information that facilitates the use of the website - e.g. by remembering the User's visits to the Website and the activities performed by the User.
- The administrator uses the so-called service cookies primarily to provide the User with services provided electronically and to improve the quality of these services. Therefore, the Administrator and other entities providing analytical and statistical services to him use cookies by storing information or accessing information already stored in the User's telecommunications end device (computer, telephone, tablet, etc.). Cookies used for this purpose include:
- cookies with data entered by the User for the duration of the session;
- authentication cookies used for services that require authentication for the duration of the session;
- cookies used to ensure security, e.g. used to detect fraud in the field of authentication;
- session cookies of multimedia players for the duration of the session;
- persistent cookies used to personalize the User interface for the duration of the session or slightly longer;
- cookies used to remember the contents of the basket for the duration of the session;
- cookies used to monitor traffic on the website, i.e. data analytics, including Google Analytics cookies (these are files used by the Google company to analyze how the User uses the Website, to create statistics and reports on the functioning of the Website). Google does not use the collected data to identify the User and does not combine this information to enable identification. Detailed information on the scope and principles of data collection in connection with this service can be found at: https://www.google.com/intl/pl/policies/privacy/partners.
IX
PERIOD OF PROCESSING OF PERSONAL DATA
- The period of data processing by the Administrator depends on the type of service provided and the purpose of processing. As a rule, the data is processed for the duration of the service or the performance of the order, until the consent is withdrawn or an effective objection to data processing is raised in cases where the legal basis for data processing is the Administrator's legitimate interest.
- The data processing period may be extended if the processing is necessary to establish and assert any claims or defend against them, and after that time only if and to the extent that it will be required by law. After the expiry of the processing period, the data is irretrievably deleted.
X
USER RIGHTS
- The data subjects have the following rights:
- The right to information about the processing of personal data - on this basis, the person making such a request, the Administrator provides information on the processing of personal data, including in particular the purposes and legal grounds for processing, the scope of the data held entities to whom personal data is disclosed and the planned date of their removal;
- The right to obtain a copy of the data - on this basis, the Administrator provides a copy of the processed data relating to the person submitting the request;
- The right to rectify - on this basis, the Administrator removes any inconsistencies or errors regarding the personal data being processed, and supplements or updates them if they are incomplete or have changed;
- The right to delete data - on this basis, you can request the deletion of data, the processing of which is no longer necessary to achieve any of the purposes for which it was collected;
- The right to limit processing - on this basis, the Administrator ceases to perform operations on personal data, with the exception of operations to which the data subject has consented and their storage, in accordance with the adopted retention rules, or until the reasons for limiting data processing (eg. a decision of the supervisory authority will be issued, allowing for further data processing);
- The right to transfer data - on this basis, to the extent that the data is processed in connection with the concluded contract or consent, the Administrator issues data provided by the data subject in a format that can be read by a computer. It is also possible to request that this data be sent to another entity - provided, however, that there are technical possibilities in this regard, both on the part of the Administrator and that other entity;
- The right to object to the processing of data for marketing purposes - the data subject may at any time object to the processing of personal data for marketing purposes, without the need to justify such objection;
- The right to object to the processing of data for purposes related to the satisfaction survey - the data subject may at any time object to the processing of personal data for purposes related to the satisfaction survey, in particular, object to sending e-mail communication with a request for issuing opinions (reviews) or completion of a satisfaction survey, without the need to justify such objection;
- The right to object to other purposes of data processing - the data subject may at any time object to the processing of personal data on the basis of the Administrator's legitimate interest (e.g. for analytical or statistical purposes or for reasons related to the protection of property). The objection in this respect should contain a justification and is subject to the Administrator's assessment;
- The right to withdraw consent - if the data is processed on the basis of consent, the data subject has the right to withdraw it at any time, which, however, does not affect the lawfulness of the processing carried out before the consent was withdrawn;
- The right to lodge a complaint - if it is found that the processing of personal data violates the provisions of the GDPR or other provisions on the protection of personal data, the data subject may submit a complaint to the President of the Personal Data Protection Office.
- An application regarding the exercise of the rights of data subjects may be submitted in writing to the following address: Hotchilisex based in Gdańsk (postal code: 80-241), at Al. Grunwaldzka No. 56, office 113, by e-mail to the following address: info@hotchilisex.com.
- The application should, if possible, precisely indicate what the request concerns, i.e. in particular: what right the person submitting the request wants to use (e.g. the right to receive a copy of the data, the right to delete the data, etc.); what processing process the request concerns (e.g. using a specific service, activity on a specific website, receiving a newsletter containing commercial information to a specific email address, etc.); what processing purposes the request relates to (e.g. marketing purposes, analytical purposes, etc.).
- If the Administrator is unable to determine the content of the request or identify the person submitting the application on the basis of the submitted application, he will ask the applicant for additional information.
- The answer to the applications will be given within one month of its receipt. If it is necessary to extend this period, the Administrator will inform the applicant about the reasons for such extension.
- The answer will be given to the email address from which the application was sent, and in the case of applications sent by letter, by regular mail to the address indicated by the applicant, unless the content of the letter indicates a desire to receive feedback to the email address (in this case, please provide email address).
XI
RECIPIENTS OF DATA
- In connection with the provision of services, personal data will be disclosed to external entities, including in particular suppliers responsible for the operation of IT systems, entities running the Customer Support Center, entities such as banks and payment operators, entities providing accounting, legal, auditing and consulting services , couriers (in connection with the implementation of the order), marketing agencies (in the field of marketing services) and entities related to the Administrator, including companies from its capital group and business partners. In the event of a complaint, the User's data may be transferred to the product distributor, manufacturer or guarantor, depending on the specific product covered by the authorization. In the case of a purchase made from an entity other than the Administrator, the User's data will be disclosed to the seller in order to conclude and perform the sales contract;
- If the User's consent is obtained, his data may also be made available to other entities for their own purposes, including marketing purposes.
- The Administrator reserves the right to disclose selected information about the User to the competent authorities or third parties who submit a request for such information, based on an appropriate legal basis and in accordance with the provisions of applicable law.
XII
TRANSFER OF DATA OUTSIDE EEA
- The level of personal data protection outside the European Economic Area (EEA) differs from that provided by European law. For this reason, the Administrator transfers personal data outside the EEA only when it is necessary and with an adequate level of protection, primarily through:
- cooperation with entities processing personal data in countries for which an appropriate decision of the European Commission has been issued;
- use of standard contractual clauses issued by the European Commission;
- application of binding corporate rules approved by the competent supervisory authority;
- The administrator always informs about the intention to transfer personal data outside the EEA at the stage of their collection.
XIII
SECURITY OF PERSONAL DATA
- The administrator conducts a risk analysis on an ongoing basis to ensure that personal data is processed by him in a safe manner - ensuring, above all, that only authorized persons have access to the data and only to the extent that it is necessary due to the tasks they perform. The administrator makes sure that all operations on personal data are recorded and performed only by authorized employees and associates.
- The administrator takes all necessary steps to ensure that its subcontractors and other cooperating entities guarantee the application of appropriate security measures in each case when they process personal data at the request of the Administrator.
XIV
CONTACT
Contact may be made in writing to the following address: Hotchilisex based in Gdańsk (postal code: 80-241), Al. Grunwaldzka No. 56, office 113, by email to the following address: info@hotchilisex.com or at the contact phone number: (+48) 665 88 92 88 (fee as for a standard connection - according to the price list of the relevant operator).