PRIVACY POLICY NOX2 SP. Z O.O.
1. GENERAL PROVISIONS
The administrator of the personal data collected via the website www.cool5.eu is NOX2 SP. Z O.O. with its registered office in Warsaw, ul. Sarmacka 5G, 00-972, entered in the register of entrepreneurs kept by the District Court in Warsaw, XIII Economic Division of the National Court Register, under KRS no.: 0001126653, REGON no.: 529632928, NIP no.: 9512604898, share capital of PLN 5,000.00, e-mail address: info@cool5.eu, (hereinafter referred to as ‘Administrator’ or ‘ NOX2 SP. Z O.O.’).
2. Personal data collected by the Administrator through the website shall be processed in accordance with 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: ‘RODO’) and the Data Protection Act of 10 May 2018. (Journal of Laws 2018, item 1000 as amended).
2 . TYPE OF PERSONAL DATA PROCESSED, PURPOSE AND SCOPE OF DATA COLLECTION
The Administrator processes personal data via the website www.cool5.eu in particular in the case of:
a) to receive and process orders for the purchase of products (Article 6(1)(b) of the DPA) – irrespective of how these orders are received, including via the online shop at www.cool5.eu (hereinafter: ‘Online Shop’);
b) the provision of warranty services (Article 6(1)(b) RODO);
c) the tax settlement of purchases made (Article 6(1)(c) RODO in connection with the Corporate Income Tax Act and the Value Added Tax Act);
d) the safeguarding and assertion of potential claims (Art. 6(1)(f) RODO),
e) direct marketing: of the products or services of NOX2 SP. Z O.O. and enclosing promotional materials of business partners of NOX2 SP. Z O.O. (Article 6(1)(f) RODO),
f) to carry out marketing communications via telecommunications terminal equipment (Article 172 of the Telecommunications Law);
g) to maintain a list of objections to the processing of your data for marketing purposes if you raise such an objection with us (Art. 6(1)(c) RODO, in conjunction with Art. 21(3) RODO).
h) conducting correspondence with Customers or potential Customers and answering questions asked by them in connection with the contact, including via the contact form on the Online Store website (Article 6, paragraph 1, letter a or letter f of the GDPR);
i) implementing concluded agreements and maintaining a user account in the Online Store (Article 6, paragraph 1, letter b of the GDPR in connection with the Act on the provision of services by electronic means);
j) analytical and statistical activities in the scope of the use of the Online Store by users of the Online Store (Article 6, paragraph 1, letter f) of the GDPR).
(2) The Administrator processes the following categories of the user’s personal data: name and surname and gender, e-mail address, contact telephone number, delivery address (street, house number, apartment number, postal code, town, country), address of residence / business / registered office, IP address, other data related to the performance of the contract – e.g. bank account number). Additionally, the following data is also stored: purchase history (necessary, inter alia, for the provision of warranty services for purchased products and for correspondence with customers), information on how users navigate the Online Store.
(3) Users’ personal data are stored by the Administrator:
(a) where the basis of data processing is the performance of a contract, for as long as it is necessary for the performance of the contract, and thereafter for a period corresponding to the period of limitation of claims. Unless specifically provided otherwise, the period of limitation shall be six years, and for claims for periodic performance and claims relating to the conduct of a business activity, three years.
b) where processing is based on consent, for as long as the consent is not revoked, and after revocation of the consent for a period of time corresponding to the period of limitation of claims which the Administrator may raise and which may be raised against him. Unless a specific provision provides otherwise, the period of limitation is six years, and for claims for periodic benefits and claims related to the conduct of business activity – three years.
(4) When using the Website, additional information may be collected, 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, operating system type.
Navigation data may also be collected from users, including information on links and references they choose to click on or other actions they take on the Website. The legal basis for such activities is the Administrator’s legitimate interest (Article 6(1)(f) RODO) in facilitating the use of services provided electronically and in improving the functionality of such services.
(6) The provision of personal data by the user is voluntary, although the failure to provide the aforementioned personal data necessary to place and execute the order results in the impossibility to place the order. Provision of personal data also enables us to undertake direct marketing activities on your behalf.
(7) Personal data will also be processed in an automated manner in the form of profiling, provided that you consent to this on the basis of Article 6(1)(a) RODO. The consequence of profiling will be the assignment of a profile to a person in order to make decisions concerning him or her or to analyse or predict his or her preferences, behaviour and attitudes.
(8) The controller shall take particular care to protect the interests of data subjects and shall in particular ensure that the data it collects are:
(a) processed lawfully,
b) collected for specified, legitimate purposes and not subjected to further processing incompatible with those purposes,
c) Substantially correct and adequate in relation to the purposes for which they are processed and kept in a form which permits identification of data subjects for no longer than is necessary to achieve the purpose of the processing.
3. SHARING OF PERSONAL DATA
Your personal data may be shared with the following recipients or categories of recipients: suppliers, the Company’s service providers, the warehouse where goods are stored and shipments to Customers are packed, the Customer Service Office, the Logistics Centre, postal operators and courier companies, which deliver shipments to Customers on behalf of NOX2 SP. Z O.O. deliver shipments to Customers, external suppliers specialised in providing marketing services (e.g. marketing agencies) in connection with designing, planning and placing advertisements, banks and debt collection, legal or advisory companies, which provide NOX2 SP. Z O.O. professional financial services.
(2) In the case of a Customer who makes a purchase from the Online Shop, the recipient of the data is also the hosting provider. Users’ personal data is stored exclusively in the European Economic Area (EEA).
4. RIGHT OF CONTROL, ACCESS AND CORRECTION OF OWN DATA
The data subject has the right to access the content of his/her personal data and the right to rectification, erasure, restriction of processing, the right to data portability, the right to object, the right to withdraw consent at any time without affecting the lawfulness of the processing carried out on the basis of consent before its withdrawal.
2 Legal grounds for the user’s request:
(a) Access to personal data – Art. 15 RODO
b) Correction of data – Article 16 RODO.
(c) Erasure of data (so-called right to be forgotten )- Article 17 RODO.
(d) Restriction of processing – Article 18 RODO.
(e) Data portability – Article 20 RODO.
f) Objection – Article 21 RODO
(g) Withdrawal of consent- Article 7(3) RODO.
(3) In order to exercise the rights referred to in point (2), you can send a relevant email to: info@cool5.eu.
(4) In the situation where the user exercises the right resulting from the above rights, the Administrator shall comply with the request or refuse to comply with it immediately, but no later than within one month after receiving it. However, if – due to the complex nature of the request or the number of requests – the Administrator is unable to comply with the request within one month, it will comply with the request within a further two months informing the user in advance – within one month of receiving the request – of the intended extension of the deadline and the reasons for it.
(5) If it is established that the processing of personal data violates the provisions of the RODO, any data subject has the right to lodge a complaint directly to the supervisory authority: President of the Office for the Protection of Personal Data, 2 Stawki Street, 00-193 Warsaw.
6. We will process your data for the following periods:
a) performance of concluded agreements for the delivery of products – for the period of performance of the agreement and for the limitation period for claims specified in the relevant provisions;
b) performance of obligations arising from the warranty – in accordance with the warranty period resulting from the Online Store Regulations – available on the website www.cool5.eu (hereinafter referred to as: “Store Regulations”) and relevant legal provisions.
c) tax settlement of sales – for a period of 5 years from the end of the tax year in which the sale was made;
d) marketing of our products and services – for a period of up to 5 years from your last purchase; you have the right to object to the processing of your data for marketing purposes at any time and to withdraw your consent in this respect;
e) carrying out marketing communications – until you withdraw your consent to such contact or object to the processing of your data for marketing purposes;
f) pursuing claims or defending against claims – for this purpose we process data if you do not pay for purchased products or you bring claims against us – until the case is resolved or the limitation period for claims expires;
g) maintaining a list of objections to the processing of data for marketing purposes – until you withdraw your objection (Article 6, paragraph 1, letter c of the GDPR in conjunction with Article 21, paragraph 3 of the GDPR).
h) answering questions via the contact form – for the duration of the correspondence itself and thereafter for a period of 24 months,
i) use of an account in the Online Shop – for the period of time that the Customer has an account in the Online Shop, in accordance with its regulations; after the Customer has deleted the account, we may still process the Customer’s data for the purpose of defence against claims, if justified by the circumstances;
j) analytical and statistical activities with regard to the use of the Online Shop – for a further period of 24 months,
5. COOKIES
The Website uses ‘cookies’ files.
(2) The installation of cookies is necessary for the proper provision of services on the Website. Cookies contain information necessary for the proper functioning of the Website, and they also provide the possibility of compiling general statistics on website visits. Cookies and similar technologies do not adversely affect the operation of the device on which they are placed. Their use does not alter the configuration of the device or the software installed on the device. The information collected through cookies and similar technologies may be disclosed, depending on the specific cookie/technology, to: providers of services related to the administration of our website, providers of data analysis solutions, providers of online marketing services, social media platforms, providers of payment services.
3. The Website uses the following types of “cookies”: session and permanent
a) “Session” cookies are temporary files that are stored on the user’s end device until logging out (leaving the website).
b) “Permanent” cookies are stored on the user’s end device for the time specified in the cookie parameters or until they are deleted by the user.
(4) The administrator uses its own cookies to better understand how the user interacts with the content of the website. The cookies collect information about the user’s use of the website, the type of website from which the user was redirected and the number of visits and the length of the user’s visit to the website. This information does not record specific personal data about the user, but is used to compile statistics on the use of the website.
(5) The user has the right to decide on the access of cookies to his/her computer by selecting them in advance in his/her browser window. Detailed information on the possibility and handling of cookies is available in the settings of your software (browser).
6. FINAL PROVISIONS
This document is effective as of 02 April 2024.
(2) This document is adopted by the Board of Directors of NOX2 SP. Z O.O. and is subject to periodic review for the purpose of updating, in particular in the event of changes in legal regulations.
(3) The Administrator shall apply technical and organisational measures to ensure the protection of the processed personal data appropriate to the risks and categories of protected data, and in particular to protect the data against their access to unauthorised persons, against their taking by an unauthorised person, against their processing in violation of the applicable regulations, and against their alteration, loss, damage or destruction.
(4) The Administrator shall provide appropriate technical measures to prevent unauthorised persons from obtaining and modifying personal data sent electronically.
(5) In matters not regulated by this Privacy Policy, the provisions of RODO and other relevant provisions of Polish law shall apply accordingly.