Privacy Policy od the online shop Milo Casa
1. Who we are and how to find us?
The joint controllers of your personal data are:
1. Beso Lux Sp. z o.o. with registered office in Łódź (address:Ul. Gen. Jarosława Dąbrowskiego 234, 93-231 Łódź, Poland), entered into the Register of Entrepreneurs of the National Court Register kept by the District Court for Łódź-Śródmieście in Łódź, 20th Commercial Division, KRS number: 0000689756, identified with REGON number: 367958776 and NIP number: 7292718480,
2. Luxobesolux Sarl with its registered office in Luxembourg (address: 4, rue Fort Wallis L-2714 Luxembourg), VAT EU LU28279037.
The aforesaid companies have entered into an agreement for the joint controlling of personal data, which means that:
- when one of the companies obtains your personal data, the other company will also have access to it,
- both companies decide jointly how and why they process your personal data,
- this privacy policy applies to both companies,
- you can contact any of the companies to obtain information or exercise any of your other rights under the GDPR. We have established a common point of contact for this purpose - i.e. email at: GDPR@besolux.com and telephone number: +33 974 775 430.
2. How and why we process your personal data?
ONLINE STORE CUSTOMERS
If you are a customer of our online store, we process your personal data for the purpose of contract performance and for the purposes of accounting, tax, and consumer law-obligations (e.g. for the purposes of complaint handling).
The legal basis for the processing of your personal data is therefore Article 6(1)(b) of 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 (hereinafter: "GDPR"), (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) and Article 6(1)(c) of the GDPR (processing is necessary for compliance with a legal obligation to which the controller is subject).
RECIPIENTS OF PURCHASED PRODUCTS
If you are a person indicated as the recipient of products purchased by customers of our online store (sometimes a customer indicates a family member, neighbour, receptionist, employee, etc. as the person who will collect the products ordered by the customer), the processing of your personal data is based on the legal premise of Article 6(1)(f) of the GDPR, i.e. the premise of the legitimate interest of the controller (processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party).
The legitimate interest in this case is our intention to perform a contract with a customer who has indicated you as the recipient of purchased products. We assume in good faith that the customer has agreed this with you before providing us with your data, or that collecting shipments is part of your job duties. We therefore assume that in processing your data in the manner described here, we are not doing so for purposes other than those for which it was obtained from you by our customer.
CONTACT
If you contact us, you provide us with your personal data, including the data contained in your communication, in particular: your first name and surname and your e-mail address or telephone number. Providing this data is voluntary, but necessary to contact us.
The legal basis for processing your personal data that you provide when contacting us is Article 6(1)(f) of the GDPR (processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party). The legitimate interest in this case is to contact customers of our online store and to answer queries posed by persons interested in our services and the operation of our store.
NEWSLETTER
If you are a subscriber to our newsletter, we process your personal data in order to send you the newsletter, with your consent. The newsletter may include paid promotions, commercial offers, industry information and advertising.
Therefore, the legal basis for processing your personal data in this case is Article 6(1)(a) of the GDPR (the data subject has given consent to the processing of his or her personal data for one or more specific purposes).
You can withdraw your consent at any time (which does not affect the legality of the processing carried out on the basis of your consent before withdrawing it) by unchecking the appropriate box in your account settings.
SITE USERS
We process the data of each user of our site that characterises the manner in which they use our site (this is known as operating data). This processing includes the automatic reading of the unique identifier of the telecommunications network termination point or ICT system you are using (i.e. your IP address), as well as the date and time of the server, information about the technical parameters of the software and the device you are using (e.g. whether you are browsing our website using a laptop or a phone), and the location from which you connect to our server. We may use this information for market research purposes and to improve the operation of the website. The data recorded in the server logs are not associated with specific users of the site. The server logs constitute only auxiliary data used for administration of the website.
The legal basis for the processing of operating data is Article 6(1)(f) of the GDPR (processing is necessary for the purposes of the legitimate interests pursued by the controller). The legitimate interest in this case is to enable diagnosing errors in the site and to improve its quality.
MARKETING OF CONTROLLER'S SERVICES
Upon your separate consent, we may also process your personal data for marketing purposes, including inviting you by email or telephone to take part in promotions and sending you other commercial, advertising, or marketing information, as well as inviting you to express your opinion about our store on online review sites.
The legal basis for processing your personal data for these purposes is in this case Article 6(1)(a) of the GDPR (the data subject has given consent to the processing of his or her personal data for one or more specific purposes). You can withdraw your consent at any time (which does not affect the legality of the processing carried out on the basis of your consent before withdrawing it) by unchecking the appropriate box.
In certain cases, the legal basis for the processing of your personal data for direct marketing purposes may be legitimate interests of the controller (Article 6(1)(f) of the GDPR - processing is necessary for the purposes of the legitimate interests pursued by the controller and recital 47 of the GDPR - The processing of personal data for direct marketing purposes may be regarded as carried out for a legitimate interest). In accordance with recital (47) of the GDPR, such a legitimate interest may exist in cases where there is a relevant and appropriate relationship between the data subject and the controller – for example where the data subject is a customer of the controller. Remember that you have the right to object at any time and free of charge to this processing, whether primary or further processing – Including profiling, insofar as it is related to direct marketing. Once you have objected to the processing of your personal data for direct marketing purposes - the controller may no longer process your data for such purposes.
HANDLING OF LEGAL CLAIMS
The content of your correspondence and information relating to the performance of the contract may be subject to archiving. You have the right to request the history of your correspondence with us and your purchase history (if archived) to be presented to you, as well as to request its deletion, unless archiving is justified by our overriding interests.
The legal basis for our processing of your personal data after the termination of your contact with us or the performance of the contract between you and us is our legitimate interest. Therefore, we may process your personal data in order to assert and defend ourselves against claims, to ensure that, in the event of a dispute with you, we are able to demonstrate the content of the contract between you and us and that we have duly performed it, on the basis of Article 6(1)(f) of the GDPR (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).
COOKIES
As almost all other websites, we use cookies. Cookies are small text files that are stored on your terminal device (e.g. computer, tablet, smartphone) and can be read by our IT system.
Cookies enable us to:
1) ensure the proper functioning of the website,
2) improve the speed and security of use of the website,
3) use analytical tools,
4) use marketing tools, including tools involving profiling within the meaning of the GDPR.
We use cookies on the basis of your consent, unless cookies are necessary for the proper provision of electronic services to you.
In the situation described in items 1, 2 and 3 we process the information contained in cookies on the basis of Article 6(1)(f) of the GDPR (processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party). The legitimate interest in this case is to ensure the proper functioning of the site, as well as to monitor and analyse traffic and keep site visit statistics.
In the situation described in item 4 (i.e. where we process your personal data for marketing purposes, i.e. for advertising, market research, and research of your behaviour and preferences, with the results of this research intended to improve the quality of our services), we process the information contained in cookies on the basis of Article 6(1)(a) of the GDPR (i.e. data subject’s consent).
During your first visit to the site, a message is displayed regarding the use of cookies. Accepting or closing this notice means that you agree to the use of cookies in accordance with the provisions of this privacy policy for all the purposes described above. You can always withdraw your consent (which does not affect the legality of the processing carried out on the basis of your consent before withdrawing it) by deleting your cookies and changing the cookie settings in your browser. However, please note that disabling cookies may cause difficulties in using the website, as well as many other websites that use cookies.
3. What personal data do we process?
We may process the following categories of personal data:
1) With regard to customers of our online store:
- full name,
- company name,
- phone number,
- email address,
- residence address,
- business address,
- address to which the products are to be sent,
- shopping history,
- if an invoice or VAT invoice is issued, the data required to issue it,
- data relating to the lodging and processing of a complaint.
2) With regard to the recipients of products purchased in the online store:
- full name,
- delivery address,
- phone number.
3) With regard to newsletter subscribers:
- email address,
- information on the response to the newsletter sent (e.g. if and when the newsletter e-mail was read).
4) With regard to persons contacting us:
- full name,
- email address,
- phone number,
- other personal data that may be potentially included by the sender in the body of the message and in documents attached thereto.
5) We may process the following personal data of all service users:
- IP address,
- server date and time,
- location of the terminal device used to access the site,
- technical parameters of the device and software used by the user,
- data on the content viewed on the site (how the user navigates between the subpages of the online store),
- data on the source from which the user arrived at the site,
- geographical location (country only),
- preferred language (device interface language),
- mouse actions (movements, locations, clicks) and key clicks,
- URL code of a link and its domain,
- device screen resolution,
- online identifiers, including cookie identifiers, internet protocol addresses and device identifiers.
Whom do we disclose your personal data to?
The personal data of the users of our online store are processed in an IT system, some of which is located in the so-called public computing cloud provided by third parties (responsible for hosting the online store and e-mail). Due to the location of the servers of these entities, the data may be transmitted, stored, and processed in third countries. However, these third parties guarantee an adequate level of data protection.
You also need to be aware that in our business, we use the support of specialist third parties who may or must have access to some of your data – such third parties include:
- carriers / forwarders / courier agencies - in the case of a customer who uses in the online store the method of product delivery by post or courier services, the Controller makes the collected personal data of the customer available to the selected carrier, forwarder or agency performing the shipment on commission of the Controller to the extent necessary to complete the delivery of the product to the customer or in order to verify the complaint lodged by the customer (e.g. if the complaint claims are related to the delivery of the product),
- manufacturers of products purchased by customers in case the delivery of the Product is made directly from the manufacturer's warehouse to the place of delivery indicated by the customer – the Controller makes available the customer's data necessary for such a delivery,
- entities processing electronic or credit card payments – if there is an option to pay by electronic means or credit card in the online store the Controller makes the collected personal data of the Customer available to a selected entity processing the above-mentioned payments in the online store on commission of the Controller, to the extent necessary to process the payment made by the Customer,
- service providers supplying the Controller with technical, IT, and organisational solutions enabling the Controller to carry out its business, including the online store and the services provided by means of it (in particular, providers of computer software necessary for operating the online store, e-mail and hosting providers, as well as providers of business management and technical support software for the Controller) – the Controller provides the collected personal data of the customer to a selected provider acting on the Controller's instructions only in the event and to the extent necessary for the performance of a specific purpose of personal data processing in accordance with this privacy policy,
- providers of accounting, legal, and advisory services (in particular accounting offices, law firms, or debt collection agencies) - the Controller makes the collected personal data of the customer available to the selected provider acting on the Controller's instructions only in the case and to the extent necessary for the performance of the specific purpose of data processing in accordance with this privacy policy,
- repair services for products offered by the Controller – the Controller makes personal data available to a repair service if the customer reports defects or faults of the purchased product, in order to examine the reported complaint or to resolve it.
In the relevant agreements with these entities, we have ensured that your data entrusted to them shall be protected in accordance with the GDPR.
We are also entitled to disclose personal data of the customers of the online store, to the extent required, to state administrative bodies authorised to receive such data by virtue of law (such as tax authorities).
Some of the operations described above involve the transfer of your personal data to third countries (i.e. countries outside the European Economic Area), where the GDPR does not apply. However, this is always done on the basis of the legal instruments provided for in the GDPR, which guarantee adequate protection of your rights and freedoms.
For how long we will process your personal data?
When you enter into a contract with us (by purchasing products from our online store), we will process your personal data for the duration of that contract and, after its completion, for the period as required under applicable tax law or the statute of limitations for claims relating to the contract (whichever is longer).
If we have a continuing relationship with you, we will, of course, process some of your data necessary for this purpose for the entire duration of the relationship.
Furthermore, if you are entitled to any after-sales rights on the basis of the law or a contract, we will need to process your personal data for the entire period of their validity in order to provide you with assistance in this regard, should the need arise.
If you have lodged a complaint, your personal data will be stored for the period necessary for the processing of the complaint, but not longer than the period of the statute of limitations for the complaint claims, or the period until the final legal resolution of the dispute concerning the complaint claims.
Personal data provided to us by means of communication of your choice will be stored for no longer than necessary to provide you with a response, after which time the data may be stored to cover possible claims, for a period of the statute of limitations set out in the relevant legislation.
In the case of processing of your data based on your consent as a legal prerequisite, such processing may continue until you withdraw your consent.
How do we enable you to exercise your rights?
We endeavour to ensure that you are satisfied with your relationship with us. However, please be aware that you have a number of rights which allow you to influence the way we process your personal data and, in some cases, cause us to stop such processing. These rights are as follows:
right of access do personal data (regulated by Article 15 of the GDPR)
Article 15
Right of access by the data subject
1. The data subject shall have the right to obtain from the controller confirmation as to whether or not personal data concerning him or her are being processed, and, where that is the case, access to the personal data and the following information:
(a) the purposes of the processing;
(b) the categories of personal data concerned;
(c) the recipients or categories of recipient to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations;
(d) where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
(e) the existence of the right to request from the controller rectification or erasure of personal data or restriction of processing of personal data concerning the data subject or to object to such processing;
(f) the right to lodge a complaint with a supervisory authority;
(g) where the personal data are not collected from the data subject, any available information as to their source;
(h) the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.
2. Where personal data are transferred to a third country or to an international organisation, the data subject shall have the right to be informed of the appropriate safeguards pursuant to Article 46 relating to the transfer.
3. The controller shall provide a copy of the personal data undergoing processing. For any further copies requested by the data subject, the controller may charge a reasonable fee based on administrative costs. Where the data subject makes the request by electronic means, and unless otherwise requested by the data subject, the information shall be provided in a commonly used electronic form.
4. The right to obtain a copy referred to in paragraph 3 shall not adversely affect the rights and freedoms of others.
right to rectification (regulated by Article 16 of the GDPR)
Article 16
Right to rectification
The data subject shall have the right to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement.
right to erasure (regulated by Article 17 of the GDPR)
Article 17
Right to erasure (‘right to be forgotten’)
1. The data subject shall have the right to obtain from the controller the erasure of personal data concerning him or her without undue delay and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies:
(a) the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed;
(b) the data subject withdraws consent on which the processing is based according to point (a) of Article 6(1), or point (a) of Article 9(2), and where there is no other legal ground for the processing;
(c) the data subject objects to the processing pursuant to Article 21(1) and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2);
(d) the personal data have been unlawfully processed;
(e) the personal data have to be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject;
(f) the personal data have been collected in relation to the offer of information society services referred to in Article 8(1).
2. Where the controller has made the personal data public and is obliged pursuant to paragraph 1 to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform controllers which are processing the personal data that the data subject has requested the erasure by such controllers of any links to, or copy or replication of, those personal data.
3. Paragraphs 1 and 2 shall not apply to the extent that processing is necessary:
(a) for exercising the right of freedom of expression and information;
(b) for compliance with a legal obligation which requires processing by Union or Member State law to which the controller is subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
(c) for reasons of public interest in the area of public health in accordance with points (h) and (i) of Article 9(2) as well as Article 9(3);
(d) for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89(1) in so far as the right referred to in paragraph 1 is likely to render impossible or seriously impair the achievement of the objectives of that processing; or
(e) for the establishment, exercise or defence of legal claims.
right to restriction of processing (regulated by Article 18 of the GDPR)
Article 18
Right to restriction of processing
1. The data subject shall have the right to obtain from the controller restriction of processing where one of the following applies:
(a) the accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data;
(b) the processing is unlawful and the data subject opposes the erasure of the personal data and requests the restriction of their use instead;
(c) the controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims;
(d) the data subject has objected to processing pursuant to Article 21(1) pending the verification whether the legitimate grounds of the controller override those of the data subject.
2. Where processing has been restricted under paragraph 1, such personal data shall, with the exception of storage, only be processed with the data subject's consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or of a Member State. 3. A data subject who has obtained restriction of processing pursuant to paragraph 1 shall be informed by the controller before the restriction of processing is lifted.
right to object against data processing (regulated by Article 21 of the GDPR)
Article 21
Right to object
1. The data subject shall have the right to object, on grounds relating to his or her particular situation, at any time to processing of personal data concerning him or her which is based on point (e) or (f) of Article 6(1), including profiling based on those provisions. The controller shall no longer process the personal data unless the controller demonstrates compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject or for the establishment, exercise or defence of legal claims.
2. Where personal data are processed for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing, which includes profiling to the extent that it is related to such direct marketing.
3. Where the data subject objects to processing for direct marketing purposes, the personal data shall no longer be processed for such purposes.
4. At the latest at the time of the first communication with the data subject, the right referred to in paragraphs 1 and 2 shall be explicitly brought to the attention of the data subject and shall be presented clearly and separately from any other information.
5. In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, the data subject may exercise his or her right to object by automated means using technical specifications.
6. Where personal data are processed for scientific or historical research purposes or statistical purposes pursuant to Article 89(1), the data subject, on grounds relating to his or her particular situation, shall have the right to object to processing of personal data concerning him or her, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
right to data portability (regulated by Article 20 of the GDPR)
Article 20
Right to data portability
1. The data subject shall have the right to receive the personal data concerning him or her, which he or she has provided to a controller, in a structured, commonly used and machine-readable format and have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, where:
(a) the processing is based on consent pursuant to point (a) of Article 6(1) or point (a) of Article 9(2) or on a contract pursuant to point (b) of Article 6(1); and
(b) the processing is carried out by automated means.
2. In exercising his or her right to data portability pursuant to paragraph 1, the data subject shall have the right to have the personal data transmitted directly from one controller to another, where technically feasible.
3. The exercise of the right referred to in paragraph 1 of this Article shall be without prejudice to Article 17. That right shall not apply to processing necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
4. The right referred to in paragraph 1 shall not adversely affect the rights and freedoms of others.
To exercise any of these rights, please contact us by e-mail at the address by which we contact you, or at the following address: GDPR@besolux.com. You can also contact us for this purpose by phone on: +33 974 775 430.
7. Complaint to the supervisory authority
In accordance with Article 77 of the GDPR, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement, if you consider that the processing of personal data relating to you infringes the provisions of the GDPR.
In Poland, the supervisory authority is the President of the Personal Data Protection Office. More detailed information (including current telephone numbers and e-mail addresses) can also be found on the website of the Personal Data Protection Office at: https://uodo.gov.pl/
Should you wish to contact another supervisory authority responsible for the protection of personal data, please visit the website of the European Data Protection Board: https://edpb.europa.eu/about-edpb/about-edpb/members_pl
8. Is it necessary to provide the data to enter into a contract with us?
We collect your personal data first of all to the extent necessary for the conclusion and performance of the contract. Some of the data is also necessary for us to fulfil our legal obligations (tax regulations, accounting regulations, after-sales obligations). Unfortunately, in this case your failure to provide personal data will prevent the conclusion and performance of the contract.
When you contact us via the communication channel of your choice, the provision of the personal data you have selected is entirely voluntary, but necessary in order to respond to your request.
Likewise, you do not have to share the information contained in cookies with us. You can prevent this by deleting cookies and changing the cookie settings in your browser. However, please note that if you change your cookie settings in such a way that the use of the information contained in them is blocked, this may cause difficulties in using the site.
9. Where do we get your personal data from?
We obtain personal data of customers of our online store and persons who contact us exclusively from them.
We obtain personal data of recipients of products purchased in our online store exclusively from customers of our online store who have indicated certain persons as recipients of the purchased products.
We collect operating and cookie-related data automatically.
10. Automated processing and profiling
Operating data and data related to the use of cookies are processed automatically.
Data processed for advertising and marketing purposes, through dedicated tools, may be subject to profiling within the meaning of the GDPR. In such a case, profiling may be aimed at adjusting sales offers to the user's preferences (e.g. on the basis of previous purchases or previously viewed offers).
Other data of users of the site, including data of persons contacting us, are not processed by automated means or subject to profiling.