PRIVACY POLICY OF DACPOL Sp. z o.o.
§1
PURPOSE OF THE PRIVACY POLICY
The purpose of this Privacy Policy is to provide the necessary and legally required information on the principles of processing information containing personal data.
§2
LEGAL BASIS
The Privacy Policy has been prepared based on the requirements contained in:
- Regulation of the European Parliament and Council (EU) 2016/679 of April 27, 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 (OJ EU L.2016.119.1 of 2016.05.04), hereinafter referred to as GDPR.
- The Act of May 10, 2018, on the Protection of Personal Data (Journal of Laws of 2018, item 1000).
§ 3
IMPLEMENTATION OF PERSONAL DATA PROTECTION
Personal data protection is implemented through physical, organizational, system software, application, and user security measures that are proportionate and adequate to the risk of breaching the security of personal data processed within the scope of conducted activities.
Personal data processing is limited to the minimum necessary, and sensitive data is not processed.
§ 4
PERSONAL DATA ADMINISTRATOR
The administrator of personal data, i.e., the entity that determines the purposes and decides on the manner of processing personal data, is DACPOL Sp. z o.o., located at Puławska Street 34, 05-500 Piaseczno, entered into the Register of Entrepreneurs by the District Court for the Capital City of Warsaw in Warsaw, XIV Commercial Division of the National Court Register, under KRS number 0000105242, with share capital of PLN 5,000,000, Tax Identification Number (NIP): 521-008-36-44, REGON: 012546238.
In matters related to privacy, please contact DACPOL Sp. z o.o. by sending an email to: [email protected].
§ 5
CONCLUSION AND PERFORMANCE OF CONTRACTS
Dacpol processes personal data to take actions aimed at concluding a contract or performing an already concluded contract with the Client (Article 6(1)(b) GDPR), i.e.:
a) concluding sales contracts with Dacpol,
b) concluding contracts for the provision of electronic services with Dacpol, as referred to in the Regulations https://www.dacpol.eu/pl/regulamin (hereinafter referred to as the Online Store), related to setting up a user account.
c) sending inquiries to Dacpol via email or contact forms available on Dacpol websites in connection with setting up an account in the Online Store or with concluding or performing contracts via the aforementioned websites.
§ 6
LEGAL OBLIGATION
Dacpol processes personal data to fulfill a legal obligation imposed on Dacpol (Article 6(1)(c) GDPR). This means the need to process personal data in connection with fulfilling obligations arising from legal regulations, particularly those resulting from tax law, the Accounting Act, social security laws, the Civil Code, and consumer rights law.
§ 7
LEGITIMATE INTEREST OF DACPOL Sp. z o.o. OR A THIRD PARTY
Dacpol may process personal data if it is necessary for purposes resulting from legitimate interests pursued by Dacpol or a third party (Article 6(1)(f) GDPR). This practically involves data processing in the following cases:
a) Managing Client relationships
(Dacpol analyzes past cooperation with Clients internally to prepare summaries, analyses, and sales statistics. Based on this information, Dacpol gains insights useful for preparing offers, setting prices, better tailoring the offer to Clients' interests, conducting more targeted marketing activities, and improving the quality of services provided).
b) Profiling
(Based on the classification of their business provided by the Client - at the stage of setting up an account in the Online Store - to one of the market segments, Dacpol establishes a specific price list in the Online Store. The decision is made automatically but does not result in adverse effects for the Client.
Based on information held about the Client, collected during prior cooperation (i.e., information on purchase history in the Online Store, activity history in the Online Store, assignment to a specific Client segment: consumer/business entity), Dacpol displays personalized advertisements and information about promotions organized by Dacpol to the Client on the Online Store's pages. The decision is made automatically but does not result in adverse effects for the Client.
Based on information held about the Client collected during prior cooperation (i.e., purchase history in the Online Store) combined with information about other Clients who share specific characteristics determined by Dacpol, Dacpol displays offers related to recommended goods purchased by other Clients. The decision is made automatically but does not result in adverse effects for the Client).
c) Marketing of products and services offered by Dacpol
(Dacpol contacts Clients by phone or sends marketing information about products and services offered by Dacpol provided the Client has previously given consent on the website https://www.dacpol.eu for phone contact or for contact via email or SMS messages, made for the purpose of direct marketing.
Dacpol does not send spam, i.e., unsolicited commercial information.
Dacpol does not share any personal data, particularly email addresses or phone numbers, with third parties to enable them to undertake direct marketing activities related to goods and services offered by those entities).
d) Pursuing claims by Dacpol and defending against claims directed at Dacpol
(If Clients fail to fulfill or improperly fulfill the contract concluded with Dacpol, Dacpol may pursue claims within the framework of applicable law, e.g., seeking payment for sold goods.
In the event of claims being directed at Dacpol by the Client, Dacpol processes the Client's personal data to defend against such claims).
e) Securing claims related to the sale of goods.
(In cases justified by the value of sales contracts concluded by the Client - as a business entity, in the event of granting deferred payment terms under the trade credit granted by Dacpol, Dacpol may require the business entity to issue or endorse a blank promissory note to secure proper performance of the sales contract concluded with Dacpol).
f) Credit assessment
(In cases where the Client - as a business entity, requests the possibility of deferred payment for goods purchased in the Online Store under the trade credit granted by Dacpol, Dacpol collects and stores information about the Client's financial situation to assess creditworthiness and analyze the risks associated with concluding a sales contract with deferred payment).
g) Contacting Dacpol
(Dacpol allows submissions to be sent to Dacpol via email or contact forms available on the Dacpol website for other matters not related to account setup in the Online Store or the conclusion or performance of contracts via the aforementioned websites).
h) Storing data to ensure accountability, i.e., demonstrating compliance with personal data processing regulations.
§ 8
RECIPIENTS OF PERSONAL DATA
In connection with the processing of the Client's personal data for the purposes mentioned above, the Privacy Policy allows Dacpol to share data with the following recipients or categories of recipients:
a) Entities providing courier (delivery), postal, or transportation services, suppliers of goods sold by Dacpol – in cases where goods are delivered directly from the supplier's warehouse, in connection with concluded debt insurance contracts,
b) business information bureaus,
c) entities providing business intelligence services regarding entrepreneurs,
d) banks in which Dacpol holds bank accounts related to the transfer of refunds, complaints, or overpayments,
e) entities providing Dacpol with logistical, agency, or distribution services, audit services, accounting services, tax advisory, financial advisory, legal advisory, IT services, and marketing services,
f) entities providing public investor relations services,
g) entities tasked with conducting debt recovery actions and legal representatives representing Dacpol or the aforementioned entities.
§ 9
DATA RETENTION PERIOD
Personal data is stored for the period necessary to achieve the purposes set out in this Privacy Policy.
- For data processed to conclude and perform a contract – Dacpol processes personal data until the expiration of the civil-law claims arising from them.
- For data processed to fulfill a legal obligation – the data retention period is determined by law.
- For data processed to achieve the legitimate interest of Dacpol or a third party – the retention period varies depending on the specific purpose of processing.
- For data processed to manage relationships with Clients – data is processed indefinitely or until the Client objects under Article 21(1) GDPR due to their specific situation.
- For data processed for profiling purposes – data is processed indefinitely or until the Client objects under Article 21(1) GDPR due to their specific situation. The Client can request Dacpol to stop processing their data.
- For data processed for marketing purposes related to products and services offered by Dacpol – Dacpol processes personal data until the Client withdraws consent for marketing communications via email, SMS, or phone calls.
- For data processed to pursue claims by Dacpol or to defend against claims directed at Dacpol – Dacpol processes personal data until the claim is enforced or its limitation period expires, whichever occurs first.
- For data processed to secure claims related to the sale of goods – Dacpol processes personal data indefinitely as long as the Client remains in business relations with Dacpol or there are unresolved claims by Dacpol against the Client.
- For data processed for accountability – Dacpol processes personal data as long as necessary to document compliance with legal requirements and allow inspection by authorized public authorities.
§ 10
CLIENT RIGHTS REGARDING THEIR PERSONAL DATA
1. RIGHT TO ACCESS DATA
The Client has the right to access their data, including the right to obtain a copy of the data, also in electronic form.
2. RIGHT TO RECTIFY DATA
The Client has the right to request the rectification of inaccurate personal data as well as to request the completion of incomplete personal data.
3. RIGHT TO DELETE DATA
The Client has the right to request that Dacpol delete their personal data in the following cases:
a) the data is no longer necessary for the purposes for which it was collected or otherwise processed,
b) the Client objects to the processing of their personal data by Dacpol based on legitimate interest due to their particular situation, and there are no overriding legitimate grounds for processing,
c) the Client objects to the processing of their data for direct marketing purposes,
d) the Client's personal data was processed unlawfully,
e) the personal data must be deleted to comply with a legal obligation provided for by EU or Polish law applicable to Dacpol.
- However, Dacpol notes that this right is subject to significant limitations.
- Dacpol may not fulfill the request if further processing is necessary to:
a) comply with a legal obligation requiring processing under EU or national law (e.g., the limitation period for tax liabilities related to a contract between Dacpol and the Client has not yet expired, or the retention period for accounting documents issued under such a contract has not yet expired),
b) establish, pursue, or defend against claims.
4. RIGHT TO RESTRICT PROCESSING
The Client has the right to request a restriction on processing if:
a) the Client contests the accuracy of their personal data – for a period allowing Dacpol to verify the accuracy of the data,
b) the processing is unlawful, and the Client opposes the deletion of their personal data, requesting instead the restriction of its use,
c) Dacpol no longer needs the personal data for processing purposes, but it is required by the Client to establish, exercise, or defend claims,
d) the Client has objected to the processing of their personal data by Dacpol based on legitimate interest due to their particular situation – until it is determined whether Dacpol’s legitimate grounds override the grounds for the objection raised by the Client.
5. RIGHT TO DATA PORTABILITY
The Client has the right to receive, in a commonly used format readable by computer programs, data provided by the Client that Dacpol processes in an automated manner based on a contract concluded with the Client. The Client also has the right to request the transfer of this file to another data controller, provided it is technically feasible.
6. RIGHT TO OBJECT
The Client has the right to object at any time – for reasons related to their particular situation – to the processing of their personal data based on Dacpol’s or a third party’s legitimate interest, including profiling.
Dacpol has the right to refuse to cease processing data if it can demonstrate:
a) the existence of compelling legitimate grounds for processing that override the Client’s interests, rights, and freedoms, or
b) grounds for establishing, exercising, or defending claims.
The Client has the right to object at any time if Dacpol processes the Client's data for direct marketing purposes.
7. RIGHT TO FILE A COMPLAINT WITH A SUPERVISORY AUTHORITY
The Client has the right to file a complaint with the supervisory authority, i.e., the President of the Personal Data Protection Office.
§ 11
VOLUNTARY NATURE OF DATA PROVISION
1. The Client can browse the website https://www.dacpol.eu without the need to provide personal data.
2. If the Client creates an account in the Online Store as a consumer, it is necessary to provide the following data: email address, login password, first name, last name, phone number, street, house number, postal code, and city. Providing these data is voluntary; however, refusing to provide them makes it impossible to create an account in the Online Store.
3. If the Client creates an account in the Online Store as a business entity (COMPANY), it is necessary to provide the following data: email address, login password, first name, last name, phone number, tax identification number (NIP), business name (company name), street, house number, postal code, and city. Providing these data is voluntary; however, refusing to provide them makes it impossible to create an account in the Online Store.
4. When concluding a sales contract for goods, the Client may additionally provide a delivery address different from the one provided during registration. Providing these data is voluntary.
5. If the Client uses the Online Store to return an order for collection by Dacpol of the returned goods, Dacpol processes the Client’s data necessary to fulfill this agreement, including first name, last name, phone number, email address, invoice number related to the returned goods, designation of the returned goods, and the address from which the returned goods should be collected. The Client can also provide a bank account number for a refund. Providing these data is voluntary; however, refusing to provide them makes it impossible to place an order for the collection of returned goods.
6. If the Client wishes to submit a complaint related to the goods via the complaint form available in the Online Store, they must provide the following personal data: first name, last name, company name, correspondence address, contact phone number, email address, invoice number related to the goods under complaint, and designation of the goods under complaint. The Client may also provide a bank account number for a refund. Providing these data is voluntary; however, refusing to provide them makes it impossible to submit a complaint via the Online Store complaint form.
7. If the Client wishes to subscribe to the newsletter, they must provide an email address and consent to receive commercial information at this address, as defined in Article 2(2) of the Act of July 18, 2002, on the provision of electronic services, for direct marketing purposes. Providing these data is voluntary; however, refusing to provide them makes it impossible to send the newsletter to the Client.
8. If the Client wishes to receive information about promotions, new products, and discounts related to Dacpol’s offer by phone, including via SMS, they must consent to phone contact and the sending of commercial information to their phone number, as defined in Article 2(2) of the Act of July 18, 2002, on the provision of electronic services, for direct marketing purposes. Providing these data is voluntary; however, refusing to provide them makes it impossible for Dacpol to establish phone contact, including sending SMS messages.
9. If the Client wishes to contact Dacpol via the contact form available on the website https://www.dacpol.eu, they must provide their first name, last name, and email address. Providing these data is voluntary; however, refusing to provide them makes it impossible to send a message to Dacpol via the contact form.
§ 12
SOURCES OF DATA ACQUISITION
1. Dacpol obtains the Client’s personal data directly from them, subject to paragraph 2.
2. If the Client is a business entity requesting deferred payment terms under the trade credit granted by Dacpol, Dacpol may collect information about the Client via business information bureaus in accordance with the Act of April 9, 2010, on the provision and exchange of economic information. Dacpol also collects information from entities providing business intelligence services about entrepreneurs, including payment reliability, particularly the timeliness of payments to other business entities, payment history, debt amounts, payment structures, delay history, and average delays.
§ 13
AUTOMATICALLY COLLECTED DATA
1. Based on Article 18(5) of the Act of July 18, 2002, on the provision of electronic services, Dacpol processes Client data characterizing the manner of using the service provided electronically (operational data):
a) information about the start, end, and scope of each use of the electronically provided service collected via Google Analytics and Google AdWords. Google Analytics is a web analytics system providing insight into the Online Store’s traffic, used for marketing activities. Dacpol has implemented the following Google Analytics features:
- remarketing,
- reports of display impressions in the Google advertising network,
- integration of the DoubleClick Campaign Manager tool,
- Google Analytics interest and demographic reports.
Google AdWords is Google's advertising system that allows displaying sponsored links in Google search engine results and on websites participating in the Google AdSense program. Additionally, Facebook Pixel is used for creating Facebook Ads and analyzing consumer behavior.
b) information about the Client's use of the electronically provided service.
c) identifiers of the Client in the Dacpol IT system assigned based on data provided by the Client.
d) identifiers of the telecommunications network or IT system used by the Client to connect to the website https://www.dacpol.eu (IP address, domain name, browser type, operating system type). These data may be collected by:
- cookies,
- Google Analytics system,
- Google AdWords,
- Facebook Pixel,
- Facebook Ads.
Cookies are IT data, specifically text files, stored on the Client's end device and designed for use on the Online Store's website. Cookies typically include the name of the website they come from, their storage duration on the end device, and a unique number.
2. The entity placing cookies on the Client's end device and accessing them is Dacpol Sp. z o.o., located in Piaseczno at Puławska 34 Street.
3. Cookies are used to:
a) adapt the content of the Online Store's website to the Client's preferences and optimize website usage; in particular, these files allow recognizing the Client's end device and appropriately displaying the website tailored to their individual needs,
b) create statistics that help understand how Clients use the Online Store's website, enabling improvements to its structure and content,
c) maintain a session (after logging in), so the Client does not have to re-enter their login and password on every Online Store subpage.
4. The Online Store uses two main types of cookies: "session" cookies and "persistent" cookies. "Session" cookies are temporary files stored on the Client's end device until logging out, leaving the website, or closing the software (web browser). "Persistent" cookies are stored on the Client's end device for the time specified in the cookie parameters or until deleted by the Client.
5. The Online Store uses the following types of cookies:
a) "necessary" cookies, enabling the use of services available in the Online Store, e.g., authentication cookies used for services requiring authentication in the Online Store,
b) cookies ensuring security, e.g., used to detect authentication abuses in the Online Store,
c) "performance" cookies, enabling the collection of information on how the Online Store's website is used,
d) "functional" cookies, allowing "remembering" the Client's selected settings and personalizing the interface, e.g., language selection, region, font size, appearance, and website functionality,
e) "advertising" cookies belonging to Dacpol, Google, and external entities (e.g., DoubleClick) enabling the delivery of advertising content more tailored to the Client's interests based on the browsing history on the Online Store's website.
6. In many cases, web browser software (web browser) by default allows storing cookies on the Client's end device. The Client can change cookie settings at any time, including to block the automatic handling of cookies in the web browser settings or to notify about their placement in the Client's device each time. Detailed information about the possibility and methods of handling cookies is available in the software settings (web browser).
7. Dacpol informs that restricting the use of cookies may affect some functionalities available on the Online Store's website.
8. Cookies placed on the Client's end device may also be used by advertisers and partners cooperating with Dacpol.
9. Comprehensive information on how to change cookie storage or access settings is available in the web browser settings. Details for users of the most popular web browsers are available at the following links:
Chrome; Internet Explorer; Mozilla; Opera
10. Dacpol engages in marketing activities using display ads. Clients can opt out of Google Analytics for display ads at any time and customize ads in the Google Display Network via Ad Settings.
11. Regarding the use of Google Analytics remarketing:
a) advertisements related to Dacpol may be displayed to the user while using Google search or partner websites displaying Google ads,
b) Dacpol, Google, and Google partners displaying ads use their own cookies (e.g., Google Analytics) and third-party cookies (e.g., DoubleClick) to inform about ads, optimize them, and display them based on the browsing history on the Online Store's website.
12. Regarding the implementation of reports of display impressions in the Google advertising network and the integration of the DoubleClick Campaign Manager tool, Dacpol Sp. z o.o., Google, and Google partners, as well as Facebook displaying Google ads and Facebook Ads, jointly use first-party cookies (such as the Google Analytics cookie) and third-party cookies (such as the DoubleClick cookie) to inform how ad impressions, other advertising services usage, and interactions with these impressions are related to visits to the Online Store.
13. Regarding the implementation of Google Analytics interest and demographic reports and Facebook Pixel, Dacpol uses data from Google and Facebook ads based on interests or audience data from third parties (such as interests) in Google Analytics and Facebook services to analyze traffic on the Online Store's website.
§ 14
PERSONAL DATA SECURITY
1. Dacpol applies technical and organizational measures to secure personal data against unauthorized access, loss, or damage, appropriate to the identified risks related to data processing.
2. To prevent unauthorized persons from obtaining and modifying personal data transmitted by the Client during registration and login to the Online Store account, Dacpol ensures encrypted communication with the Dacpol server using an SSL certificate.
3. The measures taken by Dacpol may be insufficient if the Client does not follow safety principles. In particular, the Client should keep the login and password for the Online Store account confidential and not share them with third parties. To prevent unauthorized use of the account, the Client should always log out after completing their session in the Online Store.
Dacpol Sp. z o.o.
Piaseczno, January 11, 2021