2. The owner of the Website and the data administrator at the same time is https://tukan.market.
3.Personal data collected by the Owner via the Website are processed 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 the free movement of such data and repealing Directive 95/46 / EC (General Data Protection Regulation), also known as GDPR.
4. The owner takes special care to respect the privacy of Users visiting the Website.
§ 1 Type of data processed, purposes and legal basis
1. The owner collects information on natural persons, natural persons conducting business or professional activity on their own behalf and natural persons representing legal persons or organizational units that are not legal persons, to which the law grants legal capacity, hereinafter jointly referred to as Users.
2. Users’ personal data are collected in the case of:
a) registering an account on the Website in order to create and manage an individual account. Legal basis: necessity to perform the contract for the provision of the Account service (Article 6 (1) (b) of the GDPR);
b) placing an order on the Website in order to perform the sales contract. Legal basis: necessity to perform the sales contract (Article 6 (1) (b) of the GDPR);
c) subscription to the newsletter (Newsletter) in order to perform the contract the subject of which is the service provided electronically. Legal basis – consent of the data subject to perform the contract for the provision of the Newsletter service (Article 6 (1) (a) of the GDPR);
d) using the contact form service on the Website in order to perform the contract provided electronically. Legal basis: necessity to perform the contract for the provision of the contact form service (Article 6 (1) (b) of the GDPR);
e) using the Ask for an offer service on the Website in order to perform the contract provided electronically. Legal basis: necessity to perform the contract for the provision of the contact form service (Article 6 (1) (b) of the GDPR);
3. When registering an account on the Website, the User provides:
a) e-mail address;
c) telephone number.
4. In the case of Entrepreneurs, the above scope of data is additionally extended to include: a) the name of the store.
5. When registering an account on the Website, the User independently sets an individual password to access his account. The user may change the password at a later time, on the terms described in §5.
6. When placing an order on the Website, the User provides the following data:
a) e-mail address;
b) postal code and city;
c) telephone number. You cannot make a purchase for another natural person as part of using the Website.
7. Registered users agree to share their data with other users (in order to make a purchase or sale of articles or services) through the Website:
a) e-mail address;
b) postal code and city;
c) telephone number.
8. When using the Website, additional information may be downloaded, in particular: the IP address assigned to the User’s computer or the external IP address of the Internet provider, domain name, browser type, access time, type of operating system.
9. Navigational data may also be collected from Users, including information about links and links in which they decide to click or other activities undertaken on our Website. Legal basis – a legitimate interest (Article 6 (1) (f) of the GDPR), consisting in facilitating the use of electronic services and improving the functionality of these services.
10. In order to determine, investigate and enforce claims, some personal data provided by the User may be processed as part of using the functionality of the Website, such as: name, surname, data on the use of services, if the claims result from the manner in which the User uses the services, other data necessary to prove the existence of the claim, including the extent of the damage suffered. Legal basis – a legitimate interest (Article 6 (1) (f) of the GDPR), consisting in establishing, investigating and enforcing claims and defending against claims in proceedings before courts and other state authorities.
11. The transfer of personal data to the owner is voluntary, in connection with the concluded sales contracts or the provision of services via the Website’s Website, with the reservation, however, that failure to provide the data specified in the forms in the Registration process prevents Registration and setting up a User Account, and in in the case of placing an order without registering a User Account, it will prevent the submission and implementation of the User’s order.
§ 2 Who is the data shared or entrusted to and how long is it stored?
1. The User’s personal data is provided to service providers used by the owner when running the Website. Service providers to whom personal data are transferred, depending on contractual arrangements and circumstances, either are subject to the owner’s instructions as to the purposes and methods of data processing (processors) or independently define the purposes and methods of their processing (administrators).
a) Processors. The owner uses suppliers who process personal data only at the owner’s request. These include, among others providers of IT services, accounting services, systems for analyzing traffic on the Website, systems for analyzing the effectiveness of marketing campaigns;
b) Administrators. The owner uses suppliers who do not act solely on the instructions and set the goals and methods of using Users’ personal data themselves. They provide electronic payment and banking services.
2. Users’ personal data are stored:
a) If the basis for the processing of personal data is consent, then the User’s personal data are processed by the owner until the consent is revoked, and after the consent is revoked for a period of time corresponding to the period of limitation of claims that may be raised by the User and which may be raised towards him. Unless a special provision provides otherwise, the limitation period is six years, and for claims for periodic benefits and claims related to running a business – three years.
b) If the basis for data processing is the performance of the contract, then the User’s personal data is processed by the owner as long as it is necessary to perform the contract, and after that time for a period corresponding to the period of limitation of claims. Unless a special provision provides otherwise, the limitation period is six years, and for claims for periodic benefits and claims related to running a business – three years.
4. The navigation data may be used to provide Users with better service, analyze statistical data and adapt the Website to Users’ preferences, as well as to administer the Website.
5. If the User subscribes to the newsletter (Newsletter), the owner will send electronic messages to his e-mail address containing commercial information about promotions and new products available on the Website.
6. In the event of a request, the owner provides personal data to authorized state authorities, in particular to organizational units of the prosecutor’s office, the Police, the President of the Office for Personal Data Protection, the President of the Office of Competition and Consumer Protection or the President of the Office of Electronic Communications.
§ 3 The cookie mechanism, IP address
1. The website uses small files called cookies. They are saved by the owner on the end device of the person visiting the Website, if the web browser allows it. A cookie file usually contains the name of the domain it comes from, its “expiry time” and an individual, randomly selected number identifying this file. Information collected for using files of this type, they help to adjust the products offered by the owner to the individual preferences and real needs of visitors to the Website. They also enable the development of general statistics of visits to the presented products on the Website.
2. The owner uses two types of cookies:
a) Session cookies: after the end of the browser session or the computer is turned off, the saved information is deleted from the device’s memory. The mechanism of session cookies does not allow the collection of any personal data or any confidential information from Users’ computers.
b) Permanent cookies: they are stored in the memory of the User’s end device and remain there until they are deleted or expired. The persistent cookies mechanism does not allow the collection of any personal data or any confidential information from the Users’ computer.
3. The owner uses his own cookies for the purpose of:
a) authentication of the User on the Website and ensuring the User’s session on the Website (after logging in), thanks to which the User does not have to re-enter the login and password on each subpage of the Website;
b) analysis and research as well as audience audit, in particular to create anonymous statistics that help to understand how Users use the Website, which allows improving its structure and content.
4. The owner uses external cookies for the purpose of:
a) presenting on the information pages of the Website, a map showing the location of the owner’s office using the maps. google.com website (external cookie administrator: Google Inc. based in the USA);
b) collecting general and anonymous static data via Google Analytics analytical tools (external cookie administrator: Google Inc., based in the USA);
5. The cookie mechanism is safe for the computers of the Website Users. In particular, it is not possible for viruses or other unwanted software or malware to enter Users’ computers in this way. However, in their browsers, Users have the option to limit or disable the access of cookies to computers. If you use this option, the use of the Website will be possible, except for functions which, by their nature, require cookies.
7. The Owner may collect Users’ IP addresses. An IP address is a number assigned to the computer of a visitor to the Website by an internet service provider. The IP number allows you to access the Internet. In most cases, it is assigned dynamically to the computer, i.e. it changes every time you connect to the Internet. The IP address is used by the Owner when diagnosing technical problems with the server, creating statistical analyzes (e.g. determining from which regions we record the most visits), as information useful in administering and improving the Website, as well as for security purposes and possible identification of burdening the server, unwanted automatic programs for viewing the content of the Website.
8. The website contains links and references to other websites. The owner is not responsible for the privacy protection rules applicable to them.
§ 4 Rights of data subjects
1. The right to withdraw consent – legal basis: art. 7 sec. 3 GDPR.
a) The user has the right to withdraw any consent given to the owner
b) Withdrawal of consent is effective from the moment of withdrawal of consent.
c) Withdrawal of consent does not affect the processing carried out by the owner in accordance with the law before its withdrawal.
d) Withdrawal of consent does not entail any negative consequences for the User, but may prevent further use of services or functionalities that the owner may legally provide only with consent.
2. The right to object to data processing – legal basis: art. 21 GDPR.
a) The User has the right to object at any time – for reasons related to his particular situation – to the processing of his personal data, including profiling, if the owner processes his data based on a legitimate interest, e.g. marketing of the owner’s products and services, keeping statistics use of individual functionalities of the Website and facilitating the use of the Website, as well as a satisfaction survey.
b) Resignation in the form of an e-mail from receiving marketing messages regarding products or services will mean the User’s objection to the processing of his personal data, including profiling for these purposes.
c) If the User’s objection turns out to be justified and the owner has no other legal basis to process personal data, the User’s personal data will be deleted, against the processing of which the User has objected.
3. The right to delete data (“the right to be forgotten”) – legal basis: art. 17 GDPR.
a) The User has the right to request the deletion of all or some personal data.
b) The User has the right to request the deletion of personal data if:
a.personal data are no longer necessary for the purposes for which they were collected or processed;
b. withdrew a specific consent to the extent to which personal data were processed based on his consent;
c. he objected to the use of his data for marketing purposes;
d. personal data are processed unlawfully;
e. personal data must be removed in order to comply with a legal obligation provided for in Union law or the law of the Member State to which the owner is subject;
f. personal data has been collected in relation to the offering of information society services.
c) Despite the request to delete personal data, in connection with the objection or withdrawal of consent, the owner may retain certain personal data to the extent that processing is necessary to establish, assert or defend claims, as well as to fulfill a legal obligation requiring processing for under Union or Member State law to which the owner is subject. This applies in particular to personal data including: name, surname, e-mail address, which data are kept for the purpose of considering complaints and claims related to the use of the owner’s services or, additionally, the address of residence / correspondence address, order number, which data are stored are for the purpose of considering complaints and claims related to concluded sales contracts or the provision of services.
4. The right to limit data processing – legal basis: art. 18 GDPR.
a) The User has the right to demand that the processing of his personal data be restricted. Submitting a request, pending its consideration, prevents the use of certain functionalities or services, the use of which will involve the processing of data covered by the request. The owner will also not send any messages, including marketing ones.
b) The User has the right to request the restriction of the use of personal data in the following cases:
a.when he questions the correctness of his personal data – then the owner limits their use for the time needed to verify the correctness of the data, but no longer than for 7 days;
b.when the processing of data is unlawful, and instead of deleting the data, the User requests the restriction of their use;
c. when personal data are no longer necessary for the purposes for which they were collected or used, but they are needed by the User to establish, assert or defend claims;
d. when he objected to the use of his data – then the restriction takes place for the time needed to consider whether – due to the special situation – the protection of the interests, rights and freedoms of the User outweighs the interests that the Administrator performs when processing the User’s personal data.
5. The right to access data – legal basis: art. 15 GDPR.
a) The User has the right to obtain from the Administrator confirmation whether he processes personal data, and if so, the User has the right to:
a.obtain access to your personal data;
b. obtain information about the purposes of processing, categories of personal data processed, recipients or categories of recipients of these data, the planned period of storage of the User’s data or the criteria for determining this period (when it is not possible to specify the planned period of data processing), about the rights of the User under GDPR and the right to lodge a complaint with the supervisory authority, about the source of this data, about automated decision making, including profiling, and about the security measures applied in connection with the transfer of this data outside the European Union;
c. obtain a copy of your personal data.
6. The right to rectify data – legal basis: art. 16 GDPR.
a) The User has the right to request the Administrator to immediately rectify his / her personal data that is incorrect. Taking into account the purposes of processing, the data subject has the right to request supplementing incomplete personal data, including by submitting an additional statement, directing the request to the e-mail address.
7. The right to data portability – legal basis: art. 20 GDPR.
a) The User has the right to receive his personal data, which he provided to the Administrator, and then send them to another personal data administrator of his choice. The User also has the right to request that the personal data be sent by the Administrator directly to such an administrator, if technically possible. In this case, the Administrator will send the User’s personal data in the form of a csv file, which is a commonly used, machine-readable format that allows the received data to be sent to another personal data administrator.
8. In the event of the User having the right resulting from the above rights, the owner complies with the request or refuses to comply with it immediately, but not later than within one month after receiving it. However, if – due to the complexity of the request or the number of requests – the owner will not be able to meet the request within a month, he will comply with it within the next two months, informing the User within one month of receiving the request – about the intended extension and its reasons.
9. The user may submit complaints, inquiries and requests to the owner regarding the processing of his personal data and the exercise of his rights.
11. The User has the right to lodge a complaint with the President of the Personal Data Protection Office regarding the violation of his rights to the protection of personal data or other rights granted under the GDPR.
§ 5 Security management – password
1. The Owner provides the Users with a secure and encrypted connection when sending personal data and logging into the User’s Account on the Website. The owner uses an SSL certificate issued by one of the world’s leading companies in the field of security and encryption of data sent over the Internet.
2. If the User who has an account on the Website has lost the access password in any way, the Website allows you to generate a new password. The owner does not send a password reminder. The password is stored in an encrypted form in a way that prevents its reading. In order to generate a new password, enter your e-mail address in the form available under the link “Forgot your password”, provided next to the account login form on the Website. The User, to the e-mail address provided during registration or saved in the last change of the account profile, will receive an e-mail containing a redirection to a dedicated form available on the Website, where the User will be able to set a new password.
3. The owner never sends any correspondence, including electronic correspondence with a request to provide login details, in particular the access password to the User’s account.