Privacy Policy of the Online Store
1. Who we are and how to find us
The administrator of your personal data is OPTISOFA Kasprzak limited partnership based in Andrychów (address: Przemysłowa 62, 34-120 Andrychów), registered in the National Court Register kept by the District Court for Kraków-Śródmieście, XII Economic Division, under the KRS number: 0000943369, identified by REGON numbers: 070764770 and NIP: 5511688299.
For any matters related to the protection of your personal data, you can contact the administrator via email: sklep@optisofa.com or by phone at: +48 692 437 990.
2. How and why we process your personal data
Customers of the Online Store:
If you are a customer of our online store, we process your personal data to fulfill the contract and for purposes related to accounting, tax obligations, and consumer law regulations.
The legal basis for processing your personal data is Article 6(1)(b) of 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 (GDPR) ("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") and Article 6(1)(c) GDPR ("processing is necessary for compliance with a legal obligation to which the controller is subject").
3. Individuals Ordering Fabric Samples:
We invite you to try our fabrics. On our website, you will find special forms for ordering samples. By contacting us for this purpose, you provide us with your personal data necessary to deliver the fabric samples. Providing this data is voluntary but necessary to receive samples.
The legal basis for processing your personal data, which you provide when ordering fabric samples, is Article 6(1)(f) GDPR ("processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party"). The legitimate interest here is the desire to provide interested individuals with fabric samples before purchasing our products in the online store.
Recipients of Purchased Products and Ordered Fabric Samples:
If you are indicated as the recipient of products purchased by customers of our online store or ordered fabric samples, the processing of your personal data is based on the legal ground of legitimate interest as per Article 6(1)(f) GDPR ("processing is necessary for the purposes of the legitimate interests pursued by the controller").
The legitimate interest here is the execution of a contract with the customer who has indicated you as the recipient of purchased products or ordered fabric samples. We assume in good faith that the customer has agreed with you before providing us with your data or that receiving shipments is part of your professional duties.
Contact:
By contacting us, you provide us with your personal data, including data contained in the content of correspondence or provided during a phone conversation. Providing this data is voluntary but necessary to establish contact with us. The legal basis for processing your personal data, which you provide when contacting us, is Article 6(1)(f) GDPR ("processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party"). The legitimate interest here is to communicate with customers of our online store and to respond to inquiries from individuals interested in our products and the operation of our store.
Newsletter:
If you are a subscriber to our newsletter, we process your personal data to send it to you, with your consent. The newsletter may contain paid promotions, commercial offers, industry news, and advertisements. The legal basis for processing your personal data is Article 6(1)(a) GDPR ("the data subject has given consent to the processing of his or her personal data for one or more specific purposes"). You can withdraw your consent at any time (without affecting the lawfulness of processing based on consent before its withdrawal), including by deselecting the appropriate checkbox in your account settings.
Users of the Service (Operational Data):
We process data of every user of our service that characterizes their use of our website (so-called operational data). This processing includes the automatic reading of a unique identifier identifying the end of a telecommunications network or a teleinformatics system you are using (i.e., your IP address), as well as the date and time of the server, information about the technical parameters of the software and device you are using (e.g., whether you are browsing our website from a laptop or a phone), as well as the location from which you are connecting to our server. This information may be used by us for market research purposes and to improve the operation of the website. Data stored in server logs are not associated with specific individuals using the service. Server logs serve solely as auxiliary material for administering the website.
The legal basis for processing operational data is Article 6(1)(f) GDPR ("processing is necessary for the purposes of the legitimate interests pursued by the controller"). The legitimate interest here is to enable diagnostics of errors on the website and improve its quality.
Marketing of Administrator's Services:
Upon obtaining separate consent, we may also process your personal data for marketing purposes, including inviting you to participate in organized promotions and sending you other commercial, advertising, or marketing information, as well as inviting you to provide feedback on our store in online review services.
The legal basis for processing your personal data for these purposes is Article 6(1)(a) GDPR ("the data subject has given consent to the processing of his or her personal data for one or more specific purposes"). You have the right to object at any time and free of charge to such processing, both initial and subsequent, including profiling, if it is related to direct marketing. After objecting to the processing of personal data for direct marketing purposes, the administrator cannot process your data for such purposes.
You also have the right to withdraw your consent to receiving commercial information at any time and free of charge. Withdrawal of consent does not affect the lawfulness of processing based on consent before its withdrawal.
Handling Claims:
The content of correspondence conducted with you and information related to the performance of the contract may be subject to archiving. You have the right to request the presentation of the correspondence history you had with us and the history of purchases (if they were archived) and to request its deletion unless archiving is justified by our overriding interests.
The legal basis for processing your personal data after contacting us or completing the contract between us is our legitimate interest. Therefore, we may process your personal data to establish, assert, or defend against claims, to ensure our ability to demonstrate, in case of a dispute with you, the content of the contract between us and that we have properly fulfilled it, based on Article 6(1)(f) GDPR ("processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party").
Cookies:
Like almost all other websites, we use cookies. Cookies are small text information stored on your end device (e.g., computer, tablet, smartphone) that can be read by our IT system.
Cookies allow us to:
ensure the proper functioning of the website,
improve the speed and security of using the website,
use analytical tools,
use marketing tools, including those that involve profiling within the meaning of the GDPR.
We use cookies based on your consent, except in situations where cookies are necessary for the proper provision of electronic services to you.
In the situation specified in points 1, 2, and 3 above, the information contained in cookies is processed based on Art. 6(1)(f) of the GDPR ("processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party"). The legitimate interest here is to ensure the proper functioning of the service, as well as to monitor and analyze traffic and conduct visitor statistics on the website.
In the situation specified in point 4 above (i.e., when processing your personal data for marketing purposes, i.e., for advertising, market research, and your behaviors and preferences with the aim of improving the quality of our services), the information contained in cookies is processed based on Art. 6(1)(a) of the GDPR ("the data subject has given consent to the processing of his or her personal data for one or more specific purposes").
Furthermore, cookies can be divided into proprietary and third-party cookies. Our service uses features provided by third parties, which may involve the use of cookies or other similar technologies from third parties (which means that these third parties may, for example, place cookies on your device and access information collected by cookies). These third parties are our trusted partners with whom we constantly cooperate to tailor advertisements on our and their websites to your needs and interests, as well as the services we provide, both by us and our trusted partners.
During your first visit to the website, information about the use of cookies is displayed. Accepting or closing this information means that you consent to the use of cookies in accordance with the provisions of this privacy policy for all purposes described above. You can always withdraw your consent (without affecting the lawfulness of the processing carried out before the withdrawal of consent), delete cookies, and change cookie settings in your browser. However, disabling cookies may cause difficulties in using the service, as well as many other websites that use cookies.
Importantly, you are not required to provide us with information contained in cookies. This can be prevented by deleting cookies and changing cookie settings in your web browser. Disabling cookies usually applies only to a specific browser - this means that the same actions will have to be taken for each other browser used by you on the same or different device.
You can also use tools for bulk management of cookie settings and browser plugins that enable control over cookies. Internet browsers also offer the option of using so-called "incognito mode," which allows you to visit websites without saving information about visited websites and downloaded files in the browser's history. Cookies created in incognito mode are generally deleted when all windows of this mode are closed.
4. Who do we disclose your personal data to?
In our business operations, we utilize the support of specialized external entities that may or must have access to some of your data. These include:
Carriers or freight forwarders - in the case of a customer using postal or courier delivery in the online store, the administrator may provide the collected personal data of the customer to selected carriers, freight forwarders, or intermediaries handling shipments on behalf of the administrator to the extent necessary to fulfill the delivery of the product to the customer or for the purpose of verifying complaints submitted by the customer (e.g., if claims from complaints are related to product delivery).
Entities handling electronic or card payments - in cases where electronic or card payments are possible in the online store, the administrator may provide the collected personal data of the customer to the selected entity handling such payments in the store on behalf of the administrator to the extent necessary to process payments made by the customer.
Suppliers of services providing the administrator with technical, IT, and organizational solutions enabling the administrator to conduct business activities, including the online store and services provided through it (in particular, providers of computer software for running the online store, email and hosting providers, and providers of business management software and technical support to the administrator).
Providers of accounting, legal, and advisory services (in particular, accounting offices, law firms, or debt collection companies).
Services providing repair services for products offered by the administrator - the administrator may provide personal data to a repair service in the event of a customer reporting defects or faults in the purchased product, e.g., for the purpose of handling the reported complaint or its execution.
The personal data of users of the online store is processed in an IT system located in the so-called public cloud provided by third parties (responsible for hosting the online store and email).
In the required scope, the personal data of customers of the online store may also be disclosed to state administration authorities authorized to do so by law (such as tax authorities).
Some of the operations described above involve the transfer of your personal data to so-called third countries (outside the European Economic Area), where the GDPR does not apply. However, this is always done based on legal instruments provided for in the GDPR, guaranteeing adequate protection of your rights and freedoms.
In the case of transferring personal data to a third country within the meaning of the GDPR, where the European Commission has not issued a decision on the adequacy of data protection for those countries (in accordance with Article 45 of the GDPR), we take appropriate remedial measures to ensure an appropriate level of data protection when transferring them. These include, among others, standard contractual clauses of the European Union or binding corporate rules on data protection. In cases where this is not possible, the transfer of data is based on exceptions described in Article 49 of the GDPR, particularly on explicit consent or the necessity of transferring data to fulfill contractual conditions or pre-contractual measures. The legal basis for transferring data to third countries is therefore - unless stated otherwise - the consent referred to in Article 6(1)(a) of the GDPR in connection with Article 49(1)(a) of the GDPR. At the same time, we inform you that in the case of transferring data to a third country where no decision on the adequacy of data protection or appropriate safeguards has been issued, there is a possibility and risk that authorities in that third country may access the transmitted data for collection and analysis purposes, and that the enforcement of the rights of the data subjects may not be guaranteed.
5. How long will we process your personal data?
When you enter into a contract with us (by purchasing products from our online store), we will process your personal data for the duration of that contract and after its termination for the period required by relevant tax regulations or for the limitation period for claims related to the contract (whichever is longer).
If we collaborate with you on an ongoing basis (e.g., by managing an account for you on our platform), then, of course, some of your data necessary for this purpose will be processed for the entire duration of our cooperation.
Similarly, if you have any post-sale rights based on legal provisions or agreements, we must process your personal data for the entire duration of such rights to be able to assist you if needed.
In the case of lodging a complaint by you, your personal data will be stored for the necessary period to process it, but no longer than the limitation period for claims arising from the complaint or until the final resolution of any dispute related to claims arising from the complaint.
Personal data provided to us through the means of communication chosen by you will be stored no longer than necessary to provide you with a response, and thereafter may be retained for the purpose of potential claims for the limitation period as determined by relevant regulations.
Processing of personal data of newsletter subscribers continues until the recipient withdraws consent to the subscription by unsubscribing from the mailing list.
Processing of your data based on consent as the legal basis continues until the consent is withdrawn.
How do we enable you to exercise your rights?
We make every effort to ensure your satisfaction with our cooperation. However, please remember that you have several rights that allow you to influence how we process your personal data and, in some cases, to request the cessation of such processing. These rights include:
Right of access to personal data (regulated in Article 15 of the GDPR)
Article 15
Right of access by the data subject
The data subject shall have the right to obtain from the controller confirmation as to whether or not personal data concerning him or her are being processed, and, where that is the case, access to the personal data and the following information:
a) the purposes of the processing;
b) the categories of personal data concerned;
c) the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations;
d) where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
e) the existence of the right to request from the controller rectification or erasure of personal data or restriction of processing of personal data concerning the data subject or to object to such processing;
f) the right to lodge a complaint with a supervisory authority;
g) where the personal data are not collected from the data subject, any available information as to their source;
h) the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4), and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.
Where personal data are transferred to a third country or to an international organisation, the data subject shall have the right to be informed of the appropriate safeguards pursuant to Article 46 relating to the transfer.
The controller shall provide a copy of the personal data undergoing processing. For any further copies requested by the data subject, the controller may charge a reasonable fee based on administrative costs. Where the data subject makes the request by electronic means, and unless otherwise requested by the data subject, the information shall be provided in a commonly used electronic form.
The right to obtain a copy referred to in paragraph 3 shall not adversely affect the rights and freedoms of others.
Right to rectification of data (regulated in Article 16 of the GDPR)
Article 16
Right to rectification
The data subject shall have the right to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement.
Right to erasure (regulated in Article 17 of the GDPR)
Article 17
Right to erasure (‘right to be forgotten’)
The data subject shall have the right to obtain from the controller the erasure of personal data concerning him or her without undue delay and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies:
a) the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed;
b) the data subject withdraws consent on which the processing is based according to point (a) of Article 6(1), or point (a) of Article 9(2), and where there is no other legal ground for the processing;
c) the data subject objects to the processing pursuant to Article 21(1) and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2);
d) the personal data have been unlawfully processed;
e) the personal data have to be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject;
f) the personal data have been collected in relation to the offer of information society services referred to in Article 8(1).
Where the controller has made the personal data public and is obliged pursuant to paragraph 1 to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform controllers which are processing the personal data that the data subject has requested the erasure by such controllers of any links to, or copy or replication of, those personal data.
Paragraphs 1 and 2 shall not apply to the extent that processing is necessary:
a) for exercising the right of freedom of expression and information;
b) for compliance with a legal obligation which requires processing by Union or Member State law to which the controller is subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
c) for reasons of public interest in the area of public health in accordance with points (h) and (i) of Article 9(2) as well as Article 9(3);
d) for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89(1) in so far as the right referred to in paragraph 1 is likely to render impossible or seriously impair the achievement of the objectives of that processing; or
e) for the establishment, exercise or defence of legal claims.
Right to restriction of processing (regulated in Article 18 of the GDPR)
Article 18
Right to restriction of processing
The data subject shall have the right to obtain from the controller restriction of processing where one of the following applies:
a) the accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data;
b) the processing is unlawful and the data subject opposes the erasure of the personal data and requests the restriction of their use instead;
c) the controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise, or defense of legal claims;
d) the data subject has objected to processing pursuant to Article 21(1), pending the verification whether the legitimate grounds of the controller override those of the data subject.
Where processing has been restricted under paragraph 1, such personal data shall, with the exception of storage, only be processed with the data subject's consent or for the establishment, exercise, or defense of legal claims, or for the protection of the rights of another natural or legal person, or for reasons of important public interest of the Union or of a Member State.
Before lifting the restriction on processing, the controller shall inform the data subject who requested the restriction pursuant to paragraph 1.
Right to object to processing (regulated in Article 21 of the GDPR)
Article 21
7. Right to object
The data subject shall have the right to object, on grounds relating to their particular situation, at any time to processing of personal data concerning them which is based on point (e) or (f) of Article 6(1), including profiling based on those provisions. The controller shall no longer process the personal data unless the controller demonstrates compelling legitimate grounds for the processing which override the interests, rights, and freedoms of the data subject or for the establishment, exercise, or defense of legal claims.
Where personal data are processed for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning them for such marketing, which includes profiling to the extent that it is related to such direct marketing.
Where the data subject objects to processing for direct marketing purposes, the personal data shall no longer be processed for such purposes.
At the latest at the time of the first communication with the data subject, the right referred to in paragraphs 1 and 2 shall be explicitly brought to the attention of the data subject and shall be presented clearly and separately from any other information.
In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, the data subject may exercise their right to object by automated means using technical specifications.
Where personal data are processed for scientific or historical research purposes or statistical purposes pursuant to Article 89(1), the data subject, on grounds relating to their particular situation, shall have the right to object to processing of personal data concerning them, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
9. Source of your personal data
We obtain personal data of customers of our online store and individuals contacting us exclusively from the individuals themselves.
Personal data of recipients of products purchased in our online store or ordered fabric samples are obtained exclusively from customers of the online store who have specified certain individuals as recipients of purchased products or ordered samples.
Operational data and data related to cookie usage are obtained automatically (usually, however, these are not personal data within the meaning adopted by the GDPR).
10. Automated processing and profiling
Operational data and data related to cookie usage may be processed in an automated manner within the meaning adopted by the GDPR.
Data processed for advertising and marketing purposes, through dedicated tools for this purpose, may be subject to profiling within the meaning adopted by the GDPR. In such cases, profiling may aim to tailor sales offers to user preferences (including based on previous purchases or previously viewed offers).
Other data collected in connection with the use of the service, including user data and individuals contacting us, are not processed in an automated manner or subjected to profiling.