Privacy Policy

GENERAL PROVISIONS

1. 1. 1. This Privacy Policy of the Online Store is for informational purposes, which means that it is not a source of obligations for the Service Recipients or Customers of the Online Store. The Privacy Policy primarily contains rules regarding the Administrator’s processing of personal data in the Online Store, including the basis, purposes and scope of personal data processing and the rights of data subjects, as well as information regarding the use of cookies and analytical tools in the Online Store.
      2. NATURAL ELEMENT SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ (NATURAL ELEMENT SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ) with its registered office in Warsaw (registered office and delivery address: ul. Biały Kamień 2/10, 02-593 Warsaw); entered in the Register of Entrepreneurs of the National Court Register under KRS number 0000578938; the register court where the company’s documentation is kept: District Court for the City of Warsaw in Warsaw, 13th Commercial Division of the National Court Register; share capital of: PLN 105,000; NIP: 5223039987; REGON: 362666425, e-mail address: store@phenome.eu – hereinafter referred to as the “Administrator” and being at the same time the Internet Shop Service Provider and the Seller.
      3. Personal data in the Online Store are processed by the Administrator in accordance with applicable laws, in particular 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 referred to as “RODO” or “RODO Regulation”. The official text of the RODO Regulation: http://eur-lex.europa.eu/legal-content/PL/TXT/?uri=CELEX%3A32016R0679
      4. The use of the Online Store, including making purchases, is voluntary. Similarly, the related provision of personal data by the Customer or Client using the Online Store is voluntary, subject to two exceptions: (1) conclusion of contracts with the Administrator – failure to provide, in the cases and to the extent indicated on the website of the Internet Shop and in the Terms and Conditions of the Internet Shop and this privacy policy, personal data necessary for the conclusion and performance of a Sales Contract or an agreement for the provision of Electronic Services with the Administrator, results in the impossibility of concluding such a contract. Providing personal data in such a case is a contractual requirement, and if the data subject wants to conclude a given agreement with the Administrator, he/she is obliged to provide the required data. In each case, the scope of data required to conclude a contract is indicated beforehand on the website of the Online Store and in the Terms and Conditions of the Online Store; (2) the Administrator’s statutory obligations – providing personal data is a statutory requirement resulting from generally applicable laws imposing an obligation on the Administrator to process personal data (e.g. processing of data for tax or accounting purposes) and failure to provide such data will prevent the Administrator from performing such obligations.
      5. The controller shall exercise special care to protect the interests of persons whose personal data it processes, and in particular shall be responsible for and ensure that the data it collects are: (1) processed in accordance with the law; (2) collected for designated legitimate purposes and not subjected to further processing incompatible with those purposes; (3) substantively correct and adequate in relation to the purposes for which they are processed; (4) kept in a form that allows identification of the subjects for no longer than necessary to achieve the purpose of the processing; and (5) processed in a manner that ensures adequate security of personal data, including protection against unauthorized or unlawful processing and accidental loss, destruction or damage, by means of appropriate technical or organizational measures.
      6. Taking into account the nature, scope, context and purposes of the processing, and the risk of violation of the rights or freedoms of natural persons of different probability and severity, the Administrator shall implement appropriate technical and organizational measures for the processing to be carried out in accordance with this Regulation and to be able to demonstrate this. These measures shall be reviewed and updated as necessary. The Administrator shall use technical measures to prevent unauthorized persons from obtaining and modifying, personal data sent electronically.
      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 definition in the Terms and Conditions of the Online Store available on the pages of the Online Store.

GROUNDS FOR DATA PROCESSING

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 given his or her consent to the processing of his or her personal data for one or more specified purposes; (2) the 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) the processing is necessary for the fulfillment of a legal obligation incumbent on the Administrator; or (4) processing is necessary for the purposes of 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. Processing of personal data by the Administrator requires each time at least one of the grounds indicated in Section. 2.1 of the privacy policy. The specific grounds for the processing of personal data of Service Recipients and Customers of the Online Store by the Administrator are indicated in the next section of the privacy policy – with regard to the given purpose of personal data processing by the Administrator.

3. PURPOSE BASIS, PERIOD AND SCOPE OF DATA PROCESSING IN THE ONLINE STORE

   1. Each time, the purpose, basis, period and scope and recipients of the personal data processed by the Administrator results from the activities undertaken by a given Service Recipient or Customer in the Online Store. For example, if a Customer decides to make purchases from the Online Store and chooses personal collection of the purchased Product instead of courier delivery, his/her personal data will be processed for the purpose of executing the concluded Sales Agreement, but will no longer be made available to the carrier performing the shipments on behalf of the Administrator.
   2. The Administrator may process personal data in the Online Store for the following purposes, on the following grounds, for the following periods and to the following extent:

Purpose of data processing	Legal basis for processing and data retention period	Scope of the processed data
Execution of a Sales Agreement or an agreement for the provision of Electronic Services, or taking action at the request of the data subject prior to the conclusion of the aforementioned agreements	Article 6(1)(b) of the RODO Ordinance (performance of a contract Data shall be retained for the period necessary for the performance, termination or otherwise expiration of the concluded contract.	Maximum scope: first and last name; e-mail address; contact telephone number; delivery address (street, house number, apartment number, postal code, city, country), address of residence/business/site (if different from the delivery address).In the case of Service Recipients or Customers who are not consumers, the Administrator may additionally process the company name and tax identification number (NIP) of the Service Recipient or Customer.The given scope is the maximum – in the case of, for example, personal collection it is not necessary to provide the delivery address.
Direct marketing	Article 6(1)(f) of the RODO Ordinance (legitimate interest of the AdministratorData shall be stored for the period of existence of the legitimate interest pursued by the Administrator, but no longer than the statute of limitations for claims against the data subject for business activities conducted by the Administrator. The period of limitation is determined by the provisions of law, in particular the Civil Code (the basic limitation period for claims related to the conduct of business activities is three years, and for a sales contract it is two years).The Administrator may not process data for direct marketing purposes in the event of an effective objection in this regard by the data subject.	E-mail address
Marketing	Article 6(1)(a) of the RODO Regulation (consent)Data shall be stored until the data subject withdraws consent to further processing of his/her data for this purpose.	Name, e-mail address
Keeping tax or accounting books	Article 6(1)(c) of the RODO Regulation in conjunction with Article 86(1) of the Tax Ordinance, i.e. dated January 17, 2017. (Journal of Laws of 2017, item 201) or Article 74(2) of the Accounting Act, i.e. of January 30, 2018. (Journal of Laws of 2018, item 395)The data shall be kept for the period required by law ordering the Administrator to keep tax books (until the expiration of the statute of limitations for tax liability, unless otherwise provided by tax laws) or accounting books (5 years, counting from the beginning of the year following the fiscal year to which the data refer).	Name; residence/business/site address (if different from delivery address), company name and tax identification number (TIN) of the Customer or Client
Establishing, asserting or defending claims that the Administrator may assert or that may be asserted against the Administrator	Article 6(1)(f) of the ROD Regulation Data shall be kept for the period of existence of the legitimate interest pursued by the Controller, but no longer than the statute of limitations for claims against the data subject for the Administrator’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 the conduct of business activities is three years, and two years for a sales contract).	First and last name; contact telephone number; e-mail address; delivery address (street, house number, apartment number, postal code, city, country), residence/business/site address (if different from the delivery address).In the case of Service Recipients or Customers who are not consumers, the Administrator may additionally process the company name and tax identification number (NIP) of the Service Recipient or Customer.

4. RECIPIENTS OF DATA IN THE ONLINE STORE

   1. For the proper functioning of the Online Store, including the execution of concluded Sales Agreements, it is necessary for the Administrator to use the services of external entities (such as a software provider, courier, or payment processor). The Administrator only uses the services of such processors who provide sufficient guarantees for the implementation of appropriate technical and organizational measures so that the processing meets the requirements of the RODO Regulation and protects the rights of data subjects.
   2. Transfer of data by the Administrator does not take place in every case and not to all recipients or categories of recipients indicated in the privacy policy – the Administrator transfers data only when it is necessary to achieve the given purpose of personal data processing and only to the extent necessary to achieve it. For example, if the Customer uses personal pickup, his/her data will not be transferred to the carrier cooperating with the Administrator.
   3. Personal data of Service Recipients and Customers of the Online Store may be transferred to the following recipients or categories of recipients:
      • carriers / forwarders / courier brokers – in the case of a Customer who uses the Online Store’s method of delivery of a Product by mail or courier, the Administrator makes the collected personal data of the Customer available to the selected carrier, forwarder or broker executing shipments on behalf of the Administrator to the extent necessary to complete the delivery of the Product to the Customer.
      • Entities handling electronic or credit card payments – in the case of a Customer who uses the method of electronic or credit card payments in the Online Store, the Administrator shall make the collected personal data of the Customer available to a selected entity handling the above payments in the Online Store on behalf of the Administrator to the extent necessary to handle the payment made by the Customer.
      • lenders / lessors – in the case of a Customer who uses an installment or lease payment method in the Online Store, the Administrator provides the collected personal data of the Customer to the selected lender or lessor handling the above payments in the Online Store on behalf of the Administrator to the extent necessary to handle the payment made by the Customer.
      • service providers supplying the Administrator with technical, IT and organizational solutions that enable the Administrator to conduct its business, including the Online Store and Electronic Services provided through it (in particular, providers of computer software to run the Online Store, providers of e-mail and hosting, and providers of business management and technical support software to the Administrator) – the Administrator shall make the collected personal data of the Client available to the selected provider acting on its behalf only in the case and to the extent necessary to realize the given purpose of data processing in accordance with this Privacy Policy.
        Translated with DeepL.com (free version)
      • Providers of accounting, legal and advisory services providing accounting, legal or advisory support to the Administrator (in particular, an accounting office, law firm or debt collection company) – the Administrator shall make the collected personal data of the Client available to the selected provider acting on its behalf only in the case and to the extent necessary to realize the given purpose of data processing in accordance with this Privacy Policy.
        Translated with DeepL.com (free version)

5. PROFILING IN AN ONLINE STORE

   1. The RODO Regulation imposes an obligation on the Controller to provide information on automated decision-making, including profiling, as referred to in Article 22 (1) and (4) of the RODO Regulation, and – at least in these cases – relevant information on the modalities of such decision-making, as well as the significance and anticipated consequences of such processing for the data subject. With this in mind, the Administrator provides information on possible profiling in this section of the privacy policy.
   2. The Administrator may use profiling on the Online Store for direct marketing purposes, but the decisions made on its basis by the Administrator do not concern the conclusion or refusal of a Sales Agreement, or the possibility of using Electronic Services on the Online Store. The effect of the use of profiling in the Online Store may be, for example, to grant a person a discount, send him/her a discount code, remind him/her of unfinished purchases, send him/her a proposal for a Product that may match the person’s interests or preferences, or offer better conditions compared to the standard offer of the Online Store. Despite the profiling, it is the individual who freely decides whether to take advantage of the discount or better terms received in this way and make a purchase from the Online Store.
   3. Profiling in the Online Store involves automatic analysis or prediction of a person’s behavior on the Online Store website, e.g. by adding a particular Product to the shopping cart, browsing the page of a particular Product in the Online Store, or by analyzing the previous history of purchases made in the Online Store. The condition for such profiling is that the Administrator has the person’s personal data in order to be able to then send him/her, for example, a discount code.
   4. The data subject has the right not to be subject to a decision that is based solely on automated processing, including profiling, and that produces legal effects on the person or similarly significantly affects the person.

6. TRANSFER OF DATA OUTSIDE THE EOG

   1. Where necessary to carry out the activities indicated in this Privacy Policy, personal data are transferred to countries outside the European Economic Area where the level of protection of personal data differs from that provided by European law. In such cases, the Administrator shall take appropriate steps to ensure an adequate level of protection, primarily by:
      • Cooperation with processors of personal data in countries for which a relevant decision of the European Commission has been issued regarding the determination of the adequacy of personal data protection;
      • Use of standard contractual clauses issued by the European Commission.

7. RIGHTS OF THE DATA SUBJECT

   1. Right of access, rectification, restriction, erasure or portability – the data subject has the right to request from the Controller access to his/her personal data, rectification, erasure (“right to be forgotten”) or restriction of processing, and has the right to object to processing, and has the right to portability of his/her data. The detailed conditions for exercising the rights indicated above are indicated in Articles 15-21 of the RODO Regulation.
   2. Right to withdraw consent at any time – a person whose data is processed by the Administrator on the basis of expressed consent (pursuant to Article 6(1)(a) or Article 9(2)(a) of the RODO Regulation), then he/she has the right to withdraw consent at any time without affecting the legality of the processing performed on the basis of consent before its withdrawal.
   3. Right to lodge a complaint to a supervisory authority – a person whose data is processed by the Administrator has the right to lodge a complaint to a supervisory authority in the manner and mode specified in the provisions of the RODO Regulation and Polish law, in particular the Personal Data Protection Act. The supervisory authority in Poland is the President of the Office for Personal Data Protection.
   4. Right to object – The data subject has the right to object at any time – on grounds relating to his or her particular situation – to the processing of personal data concerning him or her based on Article 6(1)(e) (public interest or tasks) or (f) (legitimate interest of the controller), including profiling under these provisions. In such a case, the controller shall no longer be allowed to process such personal data, unless the controller demonstrates the existence of compelling legitimate grounds for the processing overriding the interests, rights and freedoms of the data subject, or grounds for establishing, asserting or defending claims.
   5. Right to object to direct marketing – if personal data is processed for direct marketing purposes, the data subject has the right to object at any time to the processing of personal data concerning him or her for such marketing, including profiling, to the extent that the processing is related to such direct marketing.
   6. In order to exercise the rights referred to in this section of the privacy policy, you may contact the Administrator by sending an appropriate message in writing or by e-mail to the Administrator’s address indicated at the beginning of the privacy policy or by using the contact form available on the website of the Online Store.

COOKIES AND USAGE DATA

1. 1. Cookies are small text information in the form of text files, sent by a server and stored on the side of the person visiting the site of the Online Store (e.g. on the hard drive of a computer, laptop, or smartphone memory card – depending on the device used by the visitor to our Online Store). Detailed information about cookies, as well as the history of their creation can be found, among others, here: http://pl.wikipedia.org/wiki/Ciasteczko.
   2. The Administrator may process the data contained in cookies when visitors use the website of the Online Store for the following purposes:
      • Identify Service Recipients as logged in to the Online Store and show that they are logged in;
      • remembering the Products added to the shopping cart for the purpose of placing an Order;
      • storing data from completed Order Forms, surveys or login data to the Online Store;
      • To customize the content of the Internet Store’s website to the individual preferences of the Customer (e.g. concerning colors, font size, page layout) and to optimize the use of the Internet Store’s pages;
      • to keep anonymous statistics showing the use of the Online Store website;
      • remarketing, that is, studying the behavioral characteristics of visitors to the Online Store through anonymous analysis of their activities (e.g., repeated visits to certain pages, keywords, etc.) in order to create their profile and provide them with advertisements tailored to their anticipated interests, including when they visit other websites on the advertising network of Google Inc. and Facebook Ireland Ltd.
   3. By default, most web browsers on the market accept the storage of Cookies by default. Everyone has the ability to determine the conditions for the use of Cookies through the settings of their own web browser. This means that you can, for example, partially restrict (e.g. temporarily) or completely disable the ability to save Cookies – in the latter case, however, this may affect some of the functionality of the Online Store (for example, it may not be possible to pass the Order path through the Order Form due to the failure to remember the Products in the shopping cart during the subsequent steps of placing the Order).
   4. The settings of your Internet browser with regard to Cookies are relevant to your consent to the use of Cookies by our Online Store – in accordance with the regulations, such consent can also be expressed through the settings of your Internet browser. In the absence of such consent, the browser settings for Cookies must be changed accordingly.
   5. Detailed information on how to change the settings for cookies and how to delete them yourself in the most popular web browsers is available in the help section of your web browser and on the following pages (just click on the link):
      • in Chrome browser
      • in Firefox browser
      • in Internet Explorer
      • in Opera browser
      • in Safari browser
      • in the Microsoft Edge browser
   6. The Administrator may use Google Analytics and Universal Analytics services on the Online Store provided by Google Inc. (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA). These services help the Administrator analyze traffic on the Online Store. The data collected is processed by the above services in an anonymized manner (this is so-called exploitation data, which prevents identification of the person) to generate statistics to help administer the Online Store. These data are aggregate and anonymous, i.e. they do not contain identifying characteristics (personal data) of visitors to the Online Store website. When using the above services on the Online Store, the Administrator collects such data as the source and medium of acquisition of visitors to the Online Store and the way they behave on the Online Store website, information on the devices and browsers from which they visit the website, IP and domain, geographical data and demographic data (age, gender) and interests.
   7. It is possible for a person to easily block Google Analytics from sharing information about their activity on the Online Store website – for this purpose, you can install a browser add-on provided by Google Inc. available here: https://tools.google.com/dlpage/gaoptout?hl=pl

FINAL PROVISIONS

The online store may contain links to other websites. The Administrator urges that when you go to other sites, you should read the privacy policy established there. This privacy policy applies only to this Online Store.