PRIVACY POLICY OF THE METALGUARD.PL ONLINE STORE

GENERAL PROVISIONS

1.1. This privacy policy of the Online Store is for informational purposes only, which means that it does not impose any obligations on the Service Users or Customers of the Online Store. The privacy policy primarily contains rules regarding the processing of personal data by the Administrator in the Online Store, including the basis, purposes, and scope of personal data processing and the rights of data subjects, as well as information on the use of cookies and analytical tools in the Online Store.

1.2. The administrator of personal data collected through the Online Store is the company

METAL GUARD GLOBAL Sp. z o.o.
ul. Wyścigowa 58a,
53-012 Wrocław, Poland
KRS 0000474493
NIP 7262653008
REGON 101653379

email address: kontakt@metalguard.pl – hereinafter referred to as the „Administrator” and being at the same time the Service Provider of the Online Store and the Seller.

1.3. Personal data in the Online Store is processed by the Administrator 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 " GDPR Regulation." Official text of the GDPR Regulation: http://eur- lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32016R0679

1.4. Use of the Online Store, including making purchases, is voluntary. Similarly, the provision of personal data by the Service Recipient or Customer using the Online Store is voluntary, with two exceptions: (1) concluding contracts with the Administrator & - failure to provide, in the cases and to the extent indicated on the Online Store website and in the Online Store Regulations and this personal data privacy policy, the personal data necessary to conclude and perform a Sales Agreement or an agreement for the provision of Electronic Services with the Administrator results in the inability to conclude such an agreement. In such a case, the provision of personal data is a contractual requirement and if the person to whom the data relates wishes to conclude a given agreement with the Administrator, they are obliged to provide the required data. In each case, the scope of data required to conclude the agreement is indicated in advance on the Online Store website and in the Online Store Regulations; (2) the Administrator's statutory obligations - the provision of personal data is a statutory requirement resulting from generally applicable legal provisions imposing on the Administrator the obligation to process personal data (e.g., processing data for the purpose of keeping tax or accounting records), and failure to provide such data will prevent the Administrator from performing these obligations.

1.5. The Administrator takes special care to protect the interests of the persons 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, lawful purposes and not further processed in a manner incompatible with those purposes; (3) factually correct and adequate in relation to the purposes for which they are processed; (4) stored in a form that allows the identification of the persons to whom it relates, for no longer than is necessary to achieve the purpose of the processing; and (5) processed in a manner that ensures appropriate security of personal data, including protection against unauthorized or unlawful processing and accidental loss, destruction or damage, using appropriate technical or organizational measures.

1.6. Taking into account the nature, scope, context and purposes of processing as well as the risks of varying likelihood and severity for the rights and freedoms of natural persons, the Controller shall implement appropriate technical and organizational measures to ensure that the processing is 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 transmitted electronically.

1.7. All words, expressions, and acronyms appearing in this privacy policy and beginning with a capital letter (e.g., Seller, Online Store, Electronic Service) should be understood in accordance with their definitions contained in the Online Store Regulations available on the Online Store's website.  

BASIS FOR DATA PROCESSING
2.1. The Administrator is entitled 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 their personal data for one or more specific purposes; (2) 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; (3) processing is necessary for compliance 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 Administrator requires at least one of the grounds specified in section 2.1 of the privacy policy to be present in each case. The specific grounds for the processing of personal data of Service Users and Customers of the Online Store by the Administrator are indicated in the next section of the privacy policy - in relation to the specific purpose of the processing of personal data by the Administrator.

PURPOSE, BASIS, PERIOD, AND SCOPE OF DATA PROCESSING IN THE ONLINE STORE
3.1. In each case, the purpose, basis, period, scope, and recipients of personal data processed by the Administrator result from the actions taken by a given Service Recipient or Customer in the Online Store. For example, if a Customer decides to make purchases in the Online Store and chooses to collect the purchased Product in person instead of having it delivered by courier, their personal data will be processed for the purpose of performing the concluded Sales Agreement, but will no longer be made available to the carrier delivering the shipment on behalf of the Administrator.

3.2. 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:</ p>

A. Purpose of data processing: Performance 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 above-mentioned agreements.

Legal basis for processing and data retention period: Article 6(1)(b) of the GDPR (performance of a contract)
The data is stored for the period necessary for the performance, termination, or other expiration of the concluded contract.

Scope of data processed: Maximum scope: first and last name; email address; contact telephone number; delivery address (street, house number, apartment number, postal code, city, country), address of residence/business/registered office (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 scope provided is the maximum – in the case of, for example, personal collection, it is not necessary to provide a delivery address.

B. Purpose of data processing: Direct marketing

Legal basis for processing and data retention period: Article 6(1)(f) of the GDPR (legitimate interest of the controller)
The data is stored for the duration of the legitimate interest pursued by the Controller, but no longer than the limitation period for claims against the data subject in relation to the Controller's business activities. The limitation period is determined by law, in particular by the Civil Code (the basic limitation period for claims related to business activities 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 this.

Scope of data processed: Email address

C. Purpose of data processing: Marketing

Legal basis for processing and data retention period: Article 6(1)(a) of the GDPR (consent)
The data is stored until the data subject withdraws their consent to further processing of their data for this purpose.

Scope of data processed: Name, email address

D. Purpose of data processing: Expression of the Customer's opinion on the concluded Sales Agreement

Legal basis for processing and data retention period: Article 6(1)(a) of the GDPR
The data is stored until the data subject withdraws their consent to further processing of their data for this purpose.

Scope of data processed: Email address

E. Purpose of data processing: Keeping tax records

Legal basis for processing and data retention period: Article 6(1)(c) of the GDPR in conjunction with Article 86(1) of the Tax Ordinance, i.e. of January 17, 2017 (Journal of Laws of 2017, item 201)
The data is stored for the period required by law, which requires the Controller to keep tax records (until the expiry of the limitation period for tax liabilities, unless tax laws provide otherwise).

Scope of data processed: First and last name; address of residence/business/registered office (if different from the delivery address), company name and tax identification number (NIP) of the Service Recipient or Customer

F. Purpose of data processing: Establishing, pursuing, or defending claims that may be raised by the Controller or that may be raised against the Controller.

Legal basis for processing and data retention period: Article 6(1)(f) of the GDPR. >The data is stored for the duration of the legitimate interest pursued by the Controller, but no longer than the limitation period for claims against the data subject in relation to the Controller's business activities. The limitation period is determined by law, in particular by the Civil Code (the basic limitation period for claims related to business activities is three years, and for sales contracts two years).

Scope of data processed: First and last name; contact telephone number; e-mail address; delivery address (street, house number, apartment number, postal code, city, country), address of residence/business/registered office (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.  

DATA RECIPIENTS IN THE ONLINE STORE
4.1. For the proper functioning of the Online Store, including the performance 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 service provider). The Administrator uses only the services of such processors who provide sufficient guarantees to implement appropriate technical and organizational measures so that the processing meets the requirements of the GDPR and protects the rights of data subjects.

4.2. The 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 a given purpose of personal data processing and only to the extent necessary to achieve it. For example, if a Customer uses personal collection, their data will not be transferred to a carrier cooperating with the Administrator.

4.3. The personal data of Service Users and Customers of the Online Store may be transferred to the following recipients or categories of recipients:

4.3.1. carriers / forwarders / courier brokers – in the case of a Customer who uses the Online Store to have the Product delivered by post or courier, the Administrator provides the collected personal data of the Customer to the selected carrier, forwarder, or intermediary performing the delivery on behalf of the Administrator to the extent necessary to deliver the Product to the Customer.

4.3.2. entities handling electronic payments or payment cards – in the case of a Customer who uses electronic payment methods or a payment card in the Online Store, the Administrator shall disclose the collected personal data of the Customer to the 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. 4.3.3. credit entities/lessors – in the case of a Customer who uses the installment payment method or leasing payment method in the Online Store, the Administrator shall disclose the collected personal data of the Customer to the selected creditor or lessor handling the above payments in the Online Store at the request of the Administrator to the extent necessary to process the payment made by the Customer.

4.3.4. service providers supplying the Administrator with technical, IT, and organizational solutions enabling the Administrator to conduct business activity, including the Online Store and the Electronic Services provided through it (in particular, suppliers of computer software for running the Online Store, e-mail and hosting providers, and suppliers of software for managing the company and providing technical assistance to the Administrator) – the Administrator shall disclose the collected personal data of the Customer to a selected supplier acting on its behalf only in the case and to the extent necessary to achieve a given purpose of data processing in accordance with this privacy policy.

4.3.5. accounting, legal, and consulting service providers providing accounting, legal, or consulting support to the Administrator (in particular, an accounting office, law firm, or debt collection company) – The Administrator shall disclose the collected personal data of the Customer to the selected provider acting on its behalf only in the case and to the extent necessary to achieve the purpose of data processing in accordance with this privacy policy.

PROFILING IN THE ONLINE STORE
5.1. The GDPR Regulation imposes on the Administrator the obligation to inform about automated decision-making, including profiling, referred to in Article 22(1) and (4) of the GDPR Regulation, and – at least in these cases – relevant information about the rules for making such decisions, 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.

5.2. The Administrator may use profiling in the Online Store for direct marketing purposes, but the decisions made by the Administrator on this basis do not concern the conclusion or refusal to conclude a Sales Agreement, or the possibility of using Electronic Services in the Online Store. The effect of using profiling in the Online Store may be, for example, granting a discount to a given person, sending them a discount code, reminding them about unfinished purchases, sending a proposal for a Product that may correspond to the interests or preferences of a given person, or offering better conditions compared to the standard offer of the Online Store. Despite profiling, the person is free to decide whether they want to take advantage of the discount or better terms received in this way and make a purchase in the Online Store.

5.3. Profiling in the Online Store consists in the automatic analysis or prediction of a given person's behavior on the Online Store website, e.g., by adding a specific Product to the shopping cart, viewing the page of a specific Product in the Online Store, or by analyzing the history of previous purchases made in the Online Store. The condition for such profiling is that the Administrator has the personal data of a given person in order to be able to send them, for example, a discount code.

5.4. The data subject has the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning them or similarly significantly affects them.

RIGHTS OF THE DATA SUBJECT
6.1. Right of access, rectification, restriction, erasure, or portability – the data subject has the right to request the Administrator to access their personal data, rectify it, delete it (“right to be forgotten”) or restrict its processing, and has the right to object to the processing, as well as the right to transfer their data. The detailed conditions for exercising the above rights are set out in Articles 15-21 of the GDPR.

6.2. Right to withdraw consent at any time – a person 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 their consent at any time without affecting the lawfulness of the processing carried out on the basis of consent before its withdrawal.

6.3. Right to lodge a complaint with a supervisory authority – a person whose data is processed by the Controller has the right to lodge a complaint with a supervisory authority in the manner and procedure specified 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.

6.4. Right to object – the data subject has the right to object at any time – on grounds relating to their particular situation – – to the processing of personal data concerning them based on Article 6(1)(e) (public interest or public tasks) or (f) (legitimate interests 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 which override the interests, rights, and freedoms of the data subject or for the establishment, exercise, or defense of legal claims.

6.5. Right to object to direct marketing – if personal data are processed for direct marketing purposes, the data subject shall have 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 it is related to such direct marketing.

6.6. In order to exercise the rights referred to in this section of the privacy policy, you can contact the Administrator by sending a relevant 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 Online Store website.

COOKIES IN THE ONLINE STORE, OPERATING DATA, AND ANALYTICS
7.1. Cookies are small pieces of text information in the form of text files, sent by the server and stored on the side of the person visiting the Online Store website (e.g., on the hard drive of a computer, laptop, or on a smartphone memory card, depending on the device used by the visitor to our Online Store). Detailed information about cookies and their history can be found, among others, here: http://pl.wikipedia.org/wiki/Ciasteczko.

7.2. The administrator may process the data contained in cookies when visitors use the Online Store website for the following purposes:

7.2.1. identifying Service Users as logged in to the Online Store and showing that they are logged in;

7.2.2. to remember Products added to the basket in order to place an Order;

7.2.3. to remember data from completed Order Forms, surveys, or login details for the Online Store;

7.2.4. customizing the content of the Online Store website to the individual preferences of the Service Recipient (e.g., regarding colors, font size, page layout) and optimizing the use of the Online Store website;

7.2.5. maintaining anonymous statistics showing how the Online Store website is used;

7.2.6. remarketing, i.e. studying the behavior of visitors to the Online Store through anonymous analysis of their actions (e.g., repeated visits to specific 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 in the advertising network of Google Inc. and Facebook Ireland Ltd.;

7.3. By default, most web browsers available on the market accept cookies by default. Everyone has the option to specify the conditions for the use of cookies using their own web 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 some of the functionality of the Online Store (for example, it may not be possible to complete the Order process via the Order Form because the Products in the shopping cart are not saved during the subsequent steps of placing the Order).

7.4. Web browser settings regarding cookies are important from the point of view of consent to the use of cookies by our Online Store – in accordance with the regulations, such consent may also be expressed through web browser settings. If you do not give such consent, you should change your web browser settings regarding cookies accordingly.

7.5. Detailed information on changing cookie settings and deleting cookies in the most popular web browsers is available in the help section of your web browser and on the following websites: 

https://support.microsoft.com/pl-pl/windows/zarz%C4%85dzanie-plikami-cookie-w-przegl%C4%85darce-microsoft-edge-wy%C5%9Bwietlanie-zezwalanie-blokowanie-usuwanie-i-u%C5%BCywanie-168dab11 -0753-043d-7c16-ede5947fc64d

https://help.opera.com/pl/latest/web-preferences/#cookies

https://support.apple.com/pl-pl/guide/safari/sfri11471/mac

https://support.microsoft.com/pl-pl/windows/program-microsoft-edge-i-przegl%C4%85danie-danych-a-prywatno%C5%9B%C4%87-bb8174ba-9d73-dcf2-9b4a-c582b4e640dd

https://support.mozilla.org/pl/kb/wzmocniona-ochrona-przed-sledzeniem-firefox-desktop?redirectslug=W%C5%82%C4%85czanie+i+wy%C5%82%C4%85czanie+obs%C5%82ugi+ciasteczek& redirectlocale=en

https://support.google.com/chrome/answer/95647?hl=pl

7.6. The Administrator may use Google Analytics and Universal Analytics services provided by Google Inc. (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA). These services help the Administrator analyze traffic in the Online Store. The collected data is processed within the above services in an anonymized manner (this is so-called operational data, which does not allow for the identification of a person) to generate statistics helpful in administering the Online Store. This data is aggregate and anonymous, i.e., it does not contain any identifying features (personal data) of persons visiting the Online Store website. The administrator, using the above services in the Online Store, collects data such as the sources and medium of acquisition of visitors to the Online Store and their behavior on the Online Store website, information about the devices and browsers from which they visit the website, IP and domain, geographical data and demographic data (age, gender) and interests.

7.7. It is possible for a given person to easily block Google Analytics from sharing information about their activity on the Online Store website to do this, you can install a browser add-on provided by Google Inc. available here: https://tools.google.com/dlpage/gaoptout?hl=pl.

7.8. 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 advertisements and find out what actions visitors to the online store take, as well as display tailored advertisements to these people. Detailed information about how Facebook Pixel works can be found at the following web address: https://www.facebook.com/business/help/742478679120153?helpref=page_content.

7.9. 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
8.1. The Online Store may contain links to other websites. The Administrator urges you to read the privacy policy set out on those websites after visiting them. This privacy policy applies only to the Administrator's Online Store.