Privacy Policy

PRIVACY POLICY OF THE ONLINE STORE

WWW.GARDA-MOTO.COM

§1

GENERAL PROVISIONS

The administrator of personal data collected through the Online Store www.garda-moto.com is Kornel Eberhardt conducting business activity under the name REES KORNEL EBERHARDT registered in the Central Register and Information on Economic Activity of the Republic of Poland conducted by the minister competent for economy, place of business, and address for deliveries: ul. Nowa 39, 42-240 Kościelec, Tax Identification Number (NIP): 9492217370, National Official Business Register Number (REGON): 367177607, email address: shop@garda-moto.com, phone number: +48504705650, hereinafter referred to as the "Administrator" and also the "Service Provider".

Personal data collected by the Administrator through the website are processed in accordance with the 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".
All words or expressions written in uppercase in this Privacy Policy shall be understood in accordance with their definition contained in the Terms and Conditions of the Online Store www.garda-moto.com.

§2

TYPES OF PROCESSED PERSONAL DATA, PURPOSE AND SCOPE OF DATA COLLECTION

1. PURPOSE OF PROCESSING AND LEGAL BASIS. The Administrator processes the personal data of Service Recipients of the Store www.garda-moto.com in the case of:

• registration of an Account in the Store in order to create an individual account and manage this Account based on art. 6 sec. 1 lit. b) GDPR (performance of a contract for the provision of electronic services in accordance with the Store Regulations),
• placing an Order in the Store in order to execute the Sales Agreement based on art. 6 sec. 1 lit. b) GDPR (performance of a sales contract),
• signing up for the Newsletter in order to send commercial information electronically. Personal data are processed after separate consent has been given, based on art. 6 sec. 1 lit. a) GDPR,
• using the Opinion System to enable the Customer to express their opinion on the Product purchased in the Store and the Sales Agreement concluded with the Seller based on art. 6 sec. 1 lit. f) GDPR (legitimate interest of the entrepreneur),
• using the Contact Form to send a message to the Administrator based on art. 6 sec. 1 lit. f) GDPR (legitimate interest of the entrepreneur).

2. TYPES OF PROCESSED PERSONAL DATA. The Service Recipient provides in the case of:

• Account: email address,
• Orders: first name and last name, address, Tax Identification Number (NIP), email address, phone number,
• Newsletter: first name and last name, email address,
• Opinion System: first name and last name, email address,
• Contact Form: first name and last name, email address, phone number.

3. DATA ARCHIVING PERIOD. The personal data of Service Recipients are stored by the Administrator:

• in the case where the basis for data processing is the performance of a contract, for as long as it is necessary to perform the contract, and thereafter for a period corresponding to the limitation period for claims. If a specific provision does not provide otherwise, the limitation period is six years, and for claims for periodic benefits and claims related to conducting business activity – three years,
• in the case where the basis for data processing is consent, until the consent is withdrawn, and after the withdrawal of consent for a period corresponding to the limitation period for claims that the Administrator can raise and that can be raised against him. If a specific provision does not provide otherwise, the limitation period is six years, and for claims for periodic benefits and claims related to conducting business activity – three years.

4. Additional information may be collected during the use of the Store, in particular: the IP address assigned to the Service Recipient's computer or the external IP address of the Internet provider, domain name, browser type, access time, operating system type.

5. After giving separate consent based on art. 6 sec. 1 lit. a) GDPR, data may also be processed for the purpose of sending commercial information electronically or making telephone calls for direct marketing – respectively in connection with art. 10 sec. 2 of the Act of 18 July 2002 on the provision of services by electronic means or art. 172 sec. 1 of the Act of 16 July 2004 – Telecommunications Law, including those directed as a result of profiling, if the Service Recipient has given appropriate consent.

6. The Administrator may also collect navigation data, including information about links and references that they decide to click on or other actions taken in the Store. The legal basis for such activities is the legitimate interest of the Administrator (art. 6 sec. 1 lit. f GDPR) consisting in facilitating the use of services provided electronically and improving the functionality of these services.

7. Providing personal data by the Service Recipient is voluntary.

8. The Administrator takes special care to protect the interests of the persons whose data it processes, and in particular ensures that the data collected by it are:

• processed lawfully,
• collected for specified, lawful purposes and not further processed in a manner incompatible with those purposes,
• factually correct and adequate in relation to the purposes for which they are processed and stored in a form that allows the identification of the persons to whom they relate, for no longer than is necessary to achieve the purpose of processing.

§3

DISCLOSURE OF PERSONAL DATA

1. Personal data of Service Recipients are transferred to service providers used by the Administrator in running the Store, in particular to:

• entities providing delivery of Products,
• payment system providers,
• opinion survey system providers,
• accounting office,
• hosting provider,
• software providers enabling business operations,
• entities providing a mailing system,
• software providers necessary for running an online store.

2. Service providers (referred to in point 1 of this paragraph) to whom personal data are transferred – depending on contractual arrangements and circumstances – either follow the instructions of the Administrator regarding the purposes and methods of processing such data (processing entities) or independently determine the purposes and methods of their processing (administrators).

3.Personal data of Service Recipients are stored only within the European Economic Area (EEA), subject to § 5 point 5 and § 6 of the Privacy Policy.

§4

RIGHT TO CONTROL, ACCESS TO OWN DATA CONTENTS, AND THEIR CORRECTION

1. The person whose data it concerns has the right to access the content of their personal data and the right to rectify, delete, limit processing, the right to data portability, the right to object, the right to withdraw consent at any time without affecting the lawfulness of processing based on consent before its withdrawal.

2. Legal grounds for the Service Recipient's request:

• access to data – art. 15 GDPR,
• rectification of data – art. 16 GDPR,
• deletion of data (the right to be forgotten) – art. 17 GDPR,
• restriction of processing – art. 18 GDPR,
• data portability – art. 20 GDPR,
• objection – art. 21 GDPR,
• withdrawal of consent – art. 7 sec. 3 GDPR.
• In order to exercise the rights referred to in point 2,

3.  Relevant email message can be sent to the address: shop@garda-moto.com

4. If the Service Recipient exercises the right arising from the above rights, the Administrator shall fulfill the request or refuse to fulfill it immediately, but no later than within one month of its receipt. However, if – due to the complex nature of the request or the number of requests – the Administrator is unable to fulfill the request within one month, the Administrator shall fulfill it within the next two months, informing the Service Recipient in advance within one month of receiving the request – about the intended extension of the deadline and its reasons.

5. If it is found that the processing of personal data violates the provisions of the GDPR, the person whose data it concerns has the right to lodge a complaint with the President of the Personal Data Protection Office.

1. The Administrator's website uses "cookies" files.

2. The installation of "cookies" files is necessary for the proper provision of services on the website of the Store. "Cookies" files contain information necessary for the proper functioning of the website and also allow the development of general statistics on visits to the website.

3. Two types of "cookies" files are used within the website: "session" and "permanent".

• "Session" cookies are temporary files that are stored on the end device of the Service Recipient until logging out (leaving the website),
• "Permanent" cookies are stored on the end device of the Service Recipient for the time specified in the parameters of the "cookies" files or until they are deleted by the Service Recipient.

4. The Administrator uses its own cookies files to better understand the way in which Service Recipients interact with the content of the website. The files collect information about the way the Service Recipient uses the website, the type of website from which the Service Recipient was redirected, as well as the number of visits and the time of the Service Recipient's visit to the website. This information does not record specific personal data of the Service Recipient, but is used to compile statistics on the use of the website.

5. The Administrator also uses external cookies files to collect general and anonymous statistical data through analytical tools such as Google Analytics, administrator of external cookies: Google LLC. based in the USA).

6. Cookies files can also be used by advertising networks (in particular the Google network) to display advertisements tailored to the way the Service Recipient uses the Store. For this purpose, they can retain information about the Service Recipient's browsing path or the time spent on a given page.

7. The Service Recipient has the right to decide on the access of "cookies" files to their computer by:

• selecting the types of cookies files that they agree to collect immediately after entering the Store's website and after receiving a message about cookies,
• changing the settings in their browser window. Detailed information on the possibilities and ways of handling "cookies" files is also available in the software settings (web browser).

§6

ADDITIONAL SERVICES RELATED TO USER ACTIVITY IN THE STORE

1. The Store uses so-called social plugins ("plugins") of social networking sites. By displaying the website www.garda-moto.com containing such a plugin, the Service Recipient's browser will establish a direct connection with the servers of Facebook, Instagram, and YouTube.

2. The content of the plugin is transmitted directly from the relevant service provider to the browser of the Service Recipient and integrated with the website. Thanks to this integration, service providers receive information that the browser of the Service Recipient has displayed the website www.garda-moto.com, even if the Service Recipient does not have a profile with the given service provider or is not currently logged in with them. Such information (along with the IP address of the Service Recipient) is transmitted by the browser directly to the server of the relevant service provider (some servers are located in the USA) and stored there.

3. If the Service Recipient logs into one of the above social networking sites, this service provider will be able to directly assign a visit to the website www.garda-moto.com to the Service Recipient's profile on that social networking site.

4. If the Service Recipient uses a particular plugin, e.g. by clicking the "Like" button or the "Share" button, the relevant information will also be transmitted directly to the server of the relevant service provider and stored there.

5. The purpose and scope of data collection and their further processing and use by service providers, as well as the possibility of contact and the rights of the Service Recipient in this regard and the possibility of making settings ensuring the protection of the Service Recipient's privacy, have been described in the privacy policies of service providers:

• https://www.facebook.com/policy.php
• https://help.instagram.com/519522125107875?helpref=page_content
• https://policies.google.com/privacy?hl=pl&gl=ZZ.

6. If the Service Recipient does not want social networking sites to assign data collected during visits to the website www.garda-moto.com directly to their profile on the respective service, they must log out of that service before visiting the website www.garda-moto.com. The Service Recipient can also completely prevent the loading of plugins on the website by using appropriate browser extensions, e.g. by blocking scripts using "NoScript".

7. The Administrator uses remarketing tools on their website, such as Google Ads. Their use involves the use of cookies files from Google LLC. regarding the Google Ads service. As part of the mechanism for managing cookie settings, the Service Recipient has the option to decide whether the Administrator will be able to use Google Ads (administrator of external cookies: Google LLC. based in the USA) in relation to them.

§7

FINAL PROVISIONS

1. The Administrator uses technical and organizational measures ensuring the protection of processed personal data appropriate to the threats and categories of data covered by protection, in particular, it protects data against their disclosure to unauthorized persons, taking over by an unauthorized person, processing in violation of applicable laws, as well as alteration, loss, damage, or destruction.
2. The Administrator provides appropriate technical measures to prevent the acquisition and modification by unauthorized persons of personal data transmitted electronically.
3. Matters not regulated by this Privacy Policy shall be governed by the provisions of the GDPR and other relevant Polish laws.