Privacy Policy of the NOQ.COM.PL ONLINE STORE
GENERAL PROVISIONS
1.1. This Online Store Privacy Policy is for informational purposes only, which means that it does not impose any obligations on Users or Customers of the Online Store. The Privacy Policy primarily sets forth the rules governing the processing of personal data by the Administrator in the Online Store, including the legal basis, purposes, and duration of such processing, as well as the rights of data subjects, and information regarding the use of cookies and analytical tools in the Online Store.
1.2. The controller of the personal data collected through the Online Store is KNITTEX SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ SPÓŁKA KOMANDYTOWA, with its registered office in Łódź (registered office and mailing address: ul. Wersalska 50, 91-212 Łódź); entered in the Register of Entrepreneurs of the National Court Register under KRS number 0000734962; the registry court where the company’s records are kept: District Court for Łódź–Śródmieście in Łódź, 20th Commercial Division of the National Court Register; Tax Identification Number (NIP) 9471997262, REGON 380403918, email address: sklep@noq.com.pl, and contact phone number: (+48) 426 549 162—hereinafter referred to as the “Administrator,” which is also the Online Store Service Provider and the Seller.
1.3. Personal data in the Online Store is processed by the Controller in accordance with applicable law, in particular in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council 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 (General Data Protection Regulation) — hereinafter referred to as “GDPR” or “the GDPR Regulation.” Official text of the GDPR Regulation: http://eur-lex.europa.eu/legal-content/PL/TXT/?uri=CELEX%3A32016R0679
1.4. Use of the Online Store, including making purchases, is voluntary. Similarly, the provision of personal data by a Service Recipient or Customer using the Online Store is voluntary, subject to two exceptions: (1) entering into contracts with the Controller — failure to provide, in the cases and to the extent specified on the Online Store’s website, in the Online Store Terms and Conditions, and in this Privacy Policy, the personal data necessary to conclude and perform a Sales Agreement or an agreement for the provision of an Electronic Service with the Administrator results in the inability to concludesuch a contract. In such a case, providing personal data is a contractual requirement, and if the data subject wishes to enter into a given contract with the Controller, they are obligated to provide the required data. In each case, the scope of data required to conclude the contract is specified in advance on the Online Store’s website and in the Online Store’s Terms and Conditions; (2) the Controller’s statutory obligations—providing personal data is a statutory requirement arising from generally applicable laws that impose an obligation on the Controller to process personal data (e.g., processing data for the purpose of maintaining tax or accounting records) and failure to provide such data will prevent the Controller from fulfilling these obligations.
1.5. The controller exercises due diligence to protect the interests of the data subjects whose personal data it processes, and in particular is responsible for and ensures that the data it collects is: (1) processed lawfully; (2) collected for specified, legitimate purposes and not further processed in a manner incompatible with those purposes; (3) factually accurate and relevant to the purposes for which they are processed; (4) stored in a form that allows for the identification of the data subjects for no longer than is necessary to achieve the purpose of the processing; and (5) processed in a manner that ensures the appropriate security of personal data, including protection against unauthorized or unlawful processing and against accidental loss, destruction, or damage, through appropriate technical or organizational measures.
1.6. Taking into account the nature, scope, context, and purposes of the processing, as well as the risk of infringement of the rights or freedoms of natural persons, which may vary in likelihood and severity, the Controller shall implement appropriate technical and organizational measures to ensure that processing is carried out in accordance with this Regulation and to be able to demonstrate compliance. These measures shall be reviewed and updated as necessary. The controller shall implement technical measures to prevent the unauthorized access to or alteration of personal data transmitted electronically.
1.7. All words, phrases, and acronyms appearing in this Privacy Policy and beginning with a capital letter (e.g., Seller, Online Store, Electronic Service) shall be understood in accordance with their definitions set forth in the Online Store Terms and Conditions available on the Online Store’s website.
LEGAL BASIS FOR DATA PROCESSING
2.1. The controller is authorized to process personal data in cases where—and to the extent that—at least one of the following conditions is met: (1) the data subject has consented to the processing of his or her personal data for one or more specific purposes; (2) processing is necessary for the performance of a contract to which the data subject is a party, or to take steps at the request of the data subject prior to entering into a contract; (3) processing is necessary to comply with a legal obligation to which the Controller is subject; or (4) processing is necessary for the purposes of the legitimate interests pursued by the Controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.
2.2. The processing of personal data by the Controller requires, in each case, the existence of at least one of the grounds specified in Section 2.1 of the Privacy Policy. The specific legal bases for the Controller’s processing of the personal data of Service Users and Online Store Customers are set forth in the following section of the Privacy Policy—with reference to the specific purpose of the Controller’s processing of personal data.
PURPOSE, LEGAL BASIS, AND DURATION OF DATA PROCESSING IN THE ONLINE STORE
3.1. In each case, the purpose, legal basis, duration, and recipients of the personal data processed by the Controller are determined by the actions taken by the relevant Service Recipient or Customer in the Online Store or by the Controller. For example, if a Customer decides to make a purchase in the Online Store and chooses to pick up the purchased Product in person instead of having it delivered by courier, their personal data will be processed for the purpose of fulfilling the concluded Sales Agreement, but will no longer be shared with the carrier handling shipments on behalf of the Controller.
3.2. The Administrator may process personal data within the Online Store for the following purposes, on the grounds, and for the periods indicated in the table below:
| Purpose of Data Processing | Legal basis for data processing | Data retention period |
| Performance of a Sales Agreement or an agreement for the provision of an Electronic Service, or taking action at the request of the data subject prior to the conclusion of the aforementioned agreements | Article 6(1)(b) of the GDPR (performance of a contract) – processing is necessary for the performance of a contract to which the data subject is a party, or to take steps at the request of the data subject prior to entering into a contract | The data is retained for the period necessary to perform, terminate, or otherwise allow the Sales Agreement or the Electronic Service Agreement to expire. |
| Direct Marketing | Article 6(1)(f) of the GDPR (legitimate interests of the controller) – processing is necessary for purposes arising from the legitimate interests of the Controller—which consist of safeguarding the interests and positive image of the Controller and its Online Store, as well as promoting the sale of Products | The data is retained for as long as the Controller’s legitimate interest persists, but no longer than the statute of limitations for the Controller’s claims against the data subject arising from the Controller’s business activities. The statute of limitations is determined by law, in particular the Civil Code (the basic statute of limitations for claims related to business operations is three years, and for sales contracts, two years). The Controller may not process data for direct marketing purposes if the data subject has effectively objected to such processing. |
| Marketing | Article 6(1)(a) of the GDPR (consent) – the data subject has consented to the processing of their personal data for marketing purposes by the Controller | The data is retained until the data subject withdraws consent to the continued processing of their data for this purpose. |
| The Customer’s expression of an opinion regarding the concluded Sales Agreement | Article 6(1)(a) of the GDPR—the data subject has consented to the processing of their personal data for the purpose of providing feedback | The data is retained until the data subject withdraws consent to the continued processing of their data for this purpose. |
| Maintenance of accounting records | Article 6(1)(c) of the GDPR in conjunction with Article 74(2) of the Accounting Act, as amended on January 30, 2018 (Journal of Laws of 2018, item 395) – processing is necessary for compliance with a legal obligation to which the Controller is subject | The data is retained for the period required by law, which mandates that the Controller retain accounting records (5 years, counting from the beginning of the year following the fiscal year to which the data relates). |
| Establishing, pursuing, or defending claims that the Controller may assert or that may be asserted against the Controller | Article 6(1)(f) of the GDPR (legitimate interests of the Controller) – processing is necessary for the purposes of the Controller’s legitimate interests – consisting in establishing, pursuing, or defending claims that the Controller may assert or that may be asserted against the Controller | The data is retained for as long as the Controller’s legitimate interest persists, but no longer than the statute of limitations for claims that may be brought against the Controller (the standard statute of limitations for claims against the Controller is six years). |
| Use of the Online Store website and ensuring its proper functioning | Article 6(1)(f) of the GDPR (legitimate interests of the Controller)—processing is necessary for the purposes of the Controller’s legitimate interests—consisting in operating and maintaining the Online Store website | The data is retained for as long as the Controller’s legitimate interest persists, but no longer than the statute of limitations for the Controller’s claims against the data subject arising from the Controller’s business activities. The statute of limitations is determined by law, in particular by the Civil Code (the basic statute of limitations for claims related to business operations is three years, and for sales contracts, two years). |
| Maintaining Statistics and Analyzing Traffic on the Online Store | Article 6(1)(f) of the GDPR (legitimate interests of the controller) – processing is necessary for purposes arising from the legitimate interests of the Controller – consisting of maintaining statistics and analyzing traffic on the Online Store in order to improve the functioning of the Online Store and increase sales of Products | The data is retained for as long as the Controller’s legitimate interest persists, but no longer than the statute of limitations for the Controller’s claims against the data subject arising from the Controller’s business activities. The statute of limitations is determined by law, in particular by the Civil Code (the basic statute of limitations for claims related to business operations is three years, and for sales contracts, two years). |
| Handling inquiries and communicating with customers (e.g., via email or the contact form) | Article 6(1)(f) of the GDPR (legitimate interest—communication with website users). | For the time necessary to respond and resolve the matter. |
DATA RECIPIENTS IN THE ONLINE STORE
4.1. For the Online Store to function properly, including the fulfillment of concluded Sales Agreements, the Controller must use the services of third parties (such as a software provider, a courier, or a payment processor). The Controller uses only the services of such data processors that provide sufficient guarantees of implementing appropriate technical and organizational measures so that the processing complies with the requirements of the GDPR and protects the rights of data subjects.
4.2. Personal data may be transferred by the Controller to a third country; however, the Controller ensures that, in such a case, the transfer will take place to a country that provides an adequate level of protection—in accordance with the GDPR—and that the data subject has the opportunity to obtain a copy of their data. The Controller transfers the collected personal data only when and to the extent necessary to fulfill a specific purpose of data processing in accordance with this privacy policy.
4.3. The Controller does not transfer data in every case, nor to all recipients or categories of recipients listed in the privacy policy—the Controller transfers data only when it is necessary to achieve a specific purpose of personal data processing and only to the extent necessary to achieve that purpose. For example, if a Customer opts for in-person pickup, their data will not be transferred to a carrier cooperating with the Controller.
4.4. The personal data of Service Users and Online Store Customers may be transferred to the following recipients or categories of recipients:
- carriers / freight forwarders / courier brokers / entities handling warehouse operations and/or the shipping process– in the case of a Customer who selects delivery of the Product via postal service or courier service in the Online Store, The Controller shares the Customer’s collected personal data with the selected carrier, freight forwarder, or intermediary handling shipments on behalf of the Controller, and if the shipment originates from an external warehouse – to the entity operating the warehouse and/or handling the shipping process – to the extent necessary to deliver the Product to the Customer.
- entities processing electronic or card payments – In the case of a Customer who uses electronic payment methods or a payment card in the Online Store, the Administrator shares the Customer’s collected personal data with the selected entity that processes such payments in the Online Store on behalf of the Administrator, to the extent necessary to process the payment made by the Customer.
- the provider of the feedback survey system —in the case of a Customer who has agreed to provide feedback on a Sales Agreement entered into, the Administrator shares the Customer’s collected personal data with a selected entity that provides a feedback survey system for Sales Agreements concluded in the Online Store, at the Administrator’s request, to the extent necessary for the Customer to provide feedback via the feedback survey system.
- service providers that supply the Administrator with technical, IT, and organizational solutions enabling the Administrator to conduct business operations, including the Online Store and the Electronic Services provided through it (in particular, providers of computer software for operating the Online Store, email and hosting providers, and providers of business management software and technical support to the Administrator) – The Administrator discloses the collected personal data of the Customer to a selected provider acting on its behalf only if and to the extent necessary to achieve a specific purpose of data processing in accordance with this privacy policy.
- accounting, legal, and consulting service providers that provide the Controller with accounting, legal, or consulting support (in particular, an accounting firm, a law firm, or a debt collection agency) – The Controller discloses the collected personal data of the Customer to a selected service provider acting on its behalf only if and to the extent necessary to achieve a specific purpose of data processing in accordance with this privacy policy.
PROFILING IN AN ONLINE STORE
5.1. Right of access, rectification, restriction, erasure, or data portability—the data subject has the right to request from the Controller access to their personal data, its rectification, erasure (“right to be forgotten”) or restriction of processing, and has the right to object to the processing, as well as the right to data portability. The specific conditions for exercising the rights listed above are set forth in Articles 15–21 of the GDPR.
5.2. The right to withdraw consent at any time—a data subject whose data is processed by the Controller on the basis of consent (pursuant to Article 6(1)(a) or Article 9(2)(a) of the GDPR) has the right to withdraw consent at any time without affecting the lawfulness of the processing carried out on the basis of consent prior to its withdrawal.
5.3. Right to File a Complaint with a Supervisory Authority – A data subject whose data is processed by the Controller has the right to file a complaint with a supervisory authority in the manner and according to the procedures set forth in the provisions of the GDPR and Polish law, in particular the Personal Data Protection Act. The supervisory authority in Poland is the President of the Personal Data Protection Office.
5.4. Right to Object – The data subject has the right at any time to object—on grounds relating to his or her particular situation—to the processing of his or her personal data based on Article 6(1)(e) (public interest or public tasks) or (f) (legitimate interest of the controller), including profiling based on these provisions. In such a case, the controller may no longer process such personal data unless it demonstrates compelling legitimate grounds for the processing that override the interests, rights, and freedoms of the data subject, or grounds related to the establishment, exercise, or defense of legal claims.
5.5. Right to Object to Direct Marketing – If personal data is processed for direct marketing purposes, the data subject has the right at any time to object to the processing of their personal data for such marketing purposes, including profiling, to the extent that the processing is related to such direct marketing.
5.6. To exercise the rights as described in this section of the Privacy Policy, you may contact the Data Controller by sending a written message or an email to the Data Controller’s address indicated at the beginning of the Privacy Policy, or by using the contact form available on the Online Store’s website.
COOKIES IN THE ONLINE STORE AND ANALYTICS
6.1. Cookies are small pieces of text information in the form of text files that are sent by a server and stored on the visitor’s device when they visit the Online Store (e.g., on a computer’s hard drive, laptop, or on a smartphone’s memory card—depending on which device the visitor to our Online Store is using). Detailed information about cookies, as well as the history of their development, can be found, among other places, here: http://pl.wikipedia.org/wiki/Ciasteczko.
6.2. The controller may process the data contained in cookies when visitors use the Online Store’s website for the following purposes:
- to identify Users as logged in to the Online Store and to indicate that they are logged in;
- to remember Products added to the shopping cart in order to place an Order;
- to remember data from completed Order Forms, surveys, or login credentials for the Online Store;
- customizing the content of the Online Store’s website to the Service User’s individual preferences (e.g., regarding colors, font size, and page layout) and optimizing the use of the Online Store’s website;
- compiling anonymous statistics showing how the Online Store website is used;
- remarketing, which involves studying the behavioral patterns of visitors to the Online Store through an anonymous analysis of their activities (e.g., repeated visits to specific pages, keywords, etc.) in order to create a profile of them and deliver advertisements tailored to their anticipated interests, even when they visit other websites within the advertising networks of Google Ireland Ltd. and Facebook Ireland Ltd.
6.3. By default, most web browsers available on the market accept cookies. Everyone has the option to specify the conditions for the use of cookies through their browser settings. This means that you can, for example, partially restrict (e.g., temporarily) or completely disable the storage of cookies—in the latter case, however, this may affect certain features of the Online Store (for example, it may not be possible to complete the ordering process via the Order Form because the products in the shopping cart are not retained during the subsequent steps of placing an order).
6.4. During your first visit to the Online Store’s website, a notice regarding the use of cookies and a consent management panel (the “Cookie Banner”) are displayed. The use of analytical and marketing cookies requires the Service User’s explicit consent. This consent may be withdrawn or modified at any time using the settings available on the Store’s website.
6.5. Detailed information on how to change cookie settings and delete cookies yourself in the most popular web browsers is available in the browser’s help section and on the following websites (simply click on the link):
6.6. The Administrator uses Google Analytics 4 services in the Online Store, provided by Google Ireland Limited (Gordon House, Barrow Street, Dublin 4, Ireland). These services help the Administrator maintain statistics and analyze traffic on the Online Store. The collected data is processed as part of these services to generate statistics that assist in the administration of the Online Store and the analysis of traffic on the Online Store. This data is aggregated. By using the above services in the Online Store, the Administrator collects data such as the sources and channels through which visitors access the Online Store, their behavior on the Online Store website, information about the devices and browsers they use to visit the site, IP addresses and domains, geographic data, demographic data (age, gender), and interests.
6.7. Users can easily prevent information about their activity on the Online Store’s website from being shared with Google Analytics—for example, by installing a browser add-on provided by Google Ireland Ltd., available here: https://tools.google.com/dlpage/gaoptout?hl=pl.
6.8. The Administrator may use the Facebook Pixel service provided by Facebook Ireland Limited (4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland) in the Online Store. This service helps the Administrator measure the effectiveness of ads, learn about the actions taken by visitors to the Online Store, and display targeted ads to those visitors. You can find detailed information about how the Facebook Pixel works at the following web address: https://www.facebook.com/business/help/742478679120153?helpref=page_content.
6.9. You can manage the Facebook Pixel through the ad settings in your Facebook.com account: https://www.facebook.com/ads/preferences/?entry_product=ad_settings_screen.
FINAL PROVISIONS
7.1. The Online Store may contain links to other websites. The Administrator encourages you to review the privacy policies of those sites once you visit them. This privacy policy applies only to the Administrator’s Online Store.