PRIVACY STATEMENT

SWAY’S PRIVACY POLICY



This Privacy Policy (“Policy”) contains information on the processing of your personal data in relation to using the Sway E-commerce shop, operating under the website address: www.sway-polewear.com (“Shop”).

All capitalised terms that have not been defined otherwise in the Policy carry the meaning given to them in the Terms and Conditions to be found under the address: https://www.sway-polewear.com/pages/terms-and-conditions.

Personal Data Administrator

The Administrator of your personal data is Agata Jurago-Pach with the registered office in Gdańsk at Piotra Michałowskiego Street 27/18 (80-300 Gdańsk), entered into the Central Registration and Information on Business entrepreneurs register under the numbers NIP: 5833101360, REGON: 361103708 (“Administrator”).

Contact


In all matters related to the processing of personal data, you can contact the Administrator
via:

a) Email: mail@sway-polewear.com
b) Mail: Sway Polewear, Agata Jurago-Pach, Piotra Michałowskiego Street 27/18 80-300 Gdańsk, Poland

Security


The Administrator has implemented organisational and technical security measures to help safeguard your personal data and guarantees the processing according to the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 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 –“GDPR”).

Personal Data Processing


The usage of the Shop requires the processing of personal data. Below you can find detailed information about the purposes and legal grounds for processing, as well as the period of processing and the obligation or voluntary provision thereof.

  

The aim of processing Processed personal data
Conclusion and performance of the Contract for the Provision of Services 1) name;
1) surname;
2) email address


Providing the aforementioned personal data is a condition for the conclusion and
performance of the Contract for the Provision of Services (it is voluntary, yet the failure to do so will result in the inability to conclude and perform the aforementioned contract, including creating an Account).

The Administrator will process the aforementioned personal data until the limitation of claims, resulting from the Contract for the Provision of Services.

The aim of processing  Processed personal data

Concluding and performing the
Contract of Sales, Contract for the Supply of Digital Content or Mixed
Contract

1) name;
1) surname;

2) company name (optional);
3) phone number;
4) email address;
5) shipping address (street name, house number,
suite number, town/city, post code, country);
6) shipping method;
7) payment method;
8) NIP number (optional)


Providing the aforementioned personal data is a condition for the conclusion and
performance of the Contract of Sales, Contract for the Supply of Digital Content or Mixed Contract (it is voluntary, yet the failure to do so will result in the inability to conclude and perform the aforementioned Contract or Contracts).

The Administrator will process the aforementioned personal data until the limitation of claims, resulting from the aforementioned Contract or Contracts.

The aim of processing  Processed personal data
Handling complaints procedure 1) name;
2) surname;
3) email address;
4) phone number;
5) postal address (street name, house number, suite
number, town/city, post code, country)


Providing the aforementioned personal data is a condition for receiving a response to the complaint or exercising the Buyer's rights resulting from the warranty (it is voluntary, yet the failure to do so will result in the inability to receive a response to the complaint and exercise the rights resulting from the warranty).

The Administrator will process the aforementioned personal data for the complaint procedure period (not longer than 14 days), and in case of the exercise of the Consumer rights under the warranty - until they expire.

The aim of processing  Processed personal data
Sending newsletters 1) name;
1) email address;
2) date of birth (optional)


Providing your email address is voluntary, yet necessary in order to receive the Newsletter (failure to do so will result in the inability to receive the Newsletter).

The Administrator will process the email address until an objection is effectively raised or the purpose of processing is fulfilled.

The aim of processing  Processed personal data
Sending email notifications (e.g.
information about the Order
processing)
1) name;
2) surname;
3) email address

 
Providing the aforementioned personal data is voluntary, yet necessary to receive information about activities related to the provision of services (failure to do so will result in the inability to receive the aforementioned information).

The Administrator will process the aforementioned personal data until an objection is effectively raised or the purpose of processing is fulfilled.

 

The aim of processing  Processed personal data
Servicing contact forms 1) name;
2) surname;
3) email address


Providing the aforementioned personal data is voluntary, yet necessary to receive an answer to the inquiry (failure to do so will result in the inability to receive an answer).

The Administrator will process the aforementioned personal data until the consent is withdrawn, but not longer than the response to the inquiry is provided.

The aim of processing  Processed personal data
Fulfilling tax obligations (VAT
invoicing, accounting records
storage, etc.)
1) name and surname/company name;
1) address of residence/headquarters;
2) NIP number (optional);
3) Order number


Providing the aforementioned personal data is voluntary, yet necessary for the
Administrator to fulfill the tax obligations (failure to do so will result in the Administrator's inability to meet the aforementioned obligations).

The Administrator will process the aforementioned personal data for the period of 5 years from the end of the year in which the tax payment deadline for the previous year expired.

The aim of processing Processed personal data
Fulfilling personal data protection
obligations
 1) name;
1) surname;
2) provided contact data (email address, postal
address, phone number)


Providing the aforementioned personal data is voluntary, yet necessary for the
Administrator to properly perform the obligations arising from the protection of personal data provisions, including exercising the rights granted to you by the GDPR (failure to do so will result in the inability to correctly exercise the aforementioned rights).

The Administrator will process the aforementioned personal data until the expiry of the claims limitation due to the violation of the personal data protection provision.

The aim of processing  Processed personal data
Establishing, investigating or
defending against claims
1) name;
1) surname;
2) company;
3) email address;
4) address of residence/headquarters;
5) PESEL/KRS number;
6) NIP number


Providing the aforementioned personal data is voluntary, yet necessary to establish, investigate or defend against claims that may arise in connection with the performance of Contracts concluded with the Administrator (failure to do so will result in the Administrator's inability to take the aforementioned actions).

The Administrator will process the aforementioned personal data until the expiry of the claims limitation that may arise in connection with the performance of contracts concluded with the Administrator.

The aim of processing Processed personal data
Analysing activity in the Shop  1) Date and time of the visit;
1) IP address;
2) Operating system;
3) Approximate location;
4) Web browser;
5) Time spent in the Shop;
6) Viewed Products;
7) Visited subsites and other activities undertaken
as a part of the Shop

 

Providing the aforementioned personal data is voluntary, yet necessary for the
Administrator to obtain information about your activity in the Shop (failure to do so will result in the Administrator's inability to obtain the aforementioned information).

The Administrator will process the aforementioned personal data until an objection is effectively raised or the purpose of processing is fulfilled.

The aim of processing  Processed personal data
Administrating the Shop 1) IP address;
1) Server date and time;
2) Web browser;
3) Operating system
The data is automatically saved in the server logs
each time the Shop is used (administering it without
the use of server logs and automatic saving would
not be possible).


Providing the aforementioned personal data is voluntary, yet necessary to ensure the proper operation of the Shop (failure to do so will result in the inability to ensure the Shop’s proper operation).

The Administrator will process the aforementioned personal data until an objection is effectively raised or the purpose of processing is fulfilled.

Profiling


In order to create your profile for marketing purposes and to target you with direct marketing tailored to your preferences, the Administrator will process your personal data automatically, including profiling – it will not however have any legal effects on you, nor will it affect you significantly in any other way.

The scope of the profiled personal data corresponds to the scope indicated above in relation to the analysis of your activity in the Shop and the data that you save on your Account.

The legal foundation for the processing of personal data for the above purpose is Art. 6 section 1 letter f of GDPR, according to which the Administrator may process personal data in order to implement their legitimate interest, in this case, to conduct marketing activities tailored to the preferences of recipients. Providing the aforementioned personal data is voluntary, yet necessary to implement the aforementioned purpose (failure to do so will result
in the Administrator's inability to conduct marketing activities tailored to the preferences of recipients).
The Administrator will process personal data for the purpose of profiling until an objection is effectively raised or the purpose of processing is fulfilled.

Personal Data Recipients

The recipients of personal data will be the following external bodies cooperating with the
Administrator:

a) Hosting provider;
a) Logistic operator and courier;
b) Online payment systems providers;
c) Newsletter service provider;
d) Providers of tools for analysing activity in the Shop and targeting direct marketing at customers (e.g. Google Analytics);
e) Accounting services provider


In addition, personal data may also be passed to public or private bodies, if such an obligation will comply with generally applicable provisions of law, a legally binding court judgment or a legally binding administrative decision.

Transferring data to third countries


In connection with the Administrator's use of tools such as Google Analytics, your personal data may be transferred to the following third countries: USA, Chile, Singapore and Taiwan (Republic of China). The foundation for the transfer of data to the aforementioned third countries are contractual clauses ensuring an adequate level of protection, in line with standard contractual clauses defined in the decision of the European Commission of 5
February 2010 on standard contractual clauses for the transfer of personal data to data processors established in third countries under Directive 95/46/EC of the European Parliament and of the Council.
You can obtain a copy of the data transferred to a third country from the Administrator.

Rights


In connection with personal data processing, you retain the following rights:

 

1) The right to be informed which of your personal data is processed by the
Administrator and to receive a copy of this data (the right of access). The first copy of the data is free of charge, the Administrator may charge a fee for the subsequent ones;
2) If the processed data becomes outdated or incomplete (or incorrect in any way), you have the right to request its correction;
3) In certain situations, you can ask the Administrator to erase your personal data, e.g. when:

a) the data will no longer be needed by the Administrator for the purposes they
informed about;
b) you have successfully withdrawn your consent to data processing - unless the
Administrator has the right to process the data on a different legal foundation;
c) the processing is unlawful;
d) the need to delete the data results from the legal obligation imposed on the
Administrator


4) When the personal data is processed by the Administrator on the basis of you
consent for processing or for the purpose of performing the Contract concluded with them, you have the right to transfer your data to another administrator;
5) When the personal data is processed by the Administrator on the basis of your consent for processing, you have the right to withdraw this consent at any time (the withdrawal of the consent does not affect the lawfulness of processing based on the consent before its withdrawal);
6) If you decide that the processed personal data is incorrect, the processing is unlawful, or the Administrator no longer needs certain data, you can request that for a determined, required period of time (e.g. data validation or pursuing claims) the Administrator will not make any operations on the data, except from storing it;
7) You have the right to object the personal data processing which is based on the legitimate interest of the Administrator. In the event of an effective objection, the Administrator will cease to process the personal data for the aforementioned purpose;
8) You have the right to file a complaint with the President of the Personal Data Protection Office, if you believe that the personal data processing violates the provisions of the GDPR.
Cookies

1. The Administrator informs that the Shop uses cookies installed on your terminal device. Cookies are small text files that can be read by the Administrator's system, as
well as by systems belonging to other bodies whose services are used by the Administrator (e.g. Facebook, Google).
2. The Administrator uses cookies for the following purposes:
a) ensuring the proper operation of the Shop - thanks to cookies, it is possible for the Shop to operate efficiently, use its functions and move comfortably between individual subpages;
b) increasing the comfort of browsing in the Shop - thanks to cookies, it is
possible to detect errors on some subpages and to constantly improve them;
c) producing statistics - cookies are used to analyse the way users operate in the Shop. Thanks to this, it is possible to constantly improve the Shop and adapt its operation to the preferences of users;
d) conducting marketing activities - thanks to cookies, the Administrator can
target users with advertisements tailored to their preferences.

3. The Administrator can place both permanent and temporary (session) files on your device. Session files are usually deleted when the browser is closed, whereas closing
the browser does not delete persistent files.
4. Information about cookies used by the Administrator is displayed in the panel at the bottom of the Shop. Depending on your decision, you can enable or disable cookies for individual categories (except for the strictly necessary cookies) and change these settings at any time.
5. The data collected while using cookies does not allow the Administrator to identify you.
6. The Administrator uses the following cookies or tools that use them:
TOOL PROVIDER FUNCTIONS AND SCOPE OF THE COLLECTED DATA  OPERATION PERIOD
Strictly
necessary
cookies
Administrat
or
The operation of these files is necessary for the proper
functioning of the Shop, so you cannot turn them off. Thanks to these files (collecting, among
others, the IP number of your device), it is possible to inform you about cookies operating on the Shop’s website, etc.
Most of the strictly
necessary cookies are
session ones, but some
remain on your terminal
device for a period of 30
minutes to 2 years or until
they are deleted.
https://www.shopify.com/le
gal/cookies;
Google Analytics Google This tool enables the collection of statistical data on how the Shop is used by Customers, including the number of visits,
duration of visits, web browser used, location. The collected data helps to improve the Shop
and makes it more customer- friendly.
Up to 2 years or until they
are removed (whichever
occurs first)
Facebook
Pixel
 Facebook This tool allows us to confirm your visit in the Shop, target the
advertisements displayed on your social media (Facebook and Instagram) and measure their effectiveness.
Up to 3 months or until
they are removed
(whichever occurs first)
   
7. By using the majority of common browsers, you can check whether cookies have been installed on your terminal device, as well as delete installed cookies and block their installation in the future by the Shop. However, disabling or limiting the use of cookies may cause some serious difficulties in using the Shop, e.g. the need to log into each subpage, a longer period of loading the Shop or limitations in the use of certain functionalities.
Final provisions

In the matters not covered by the Policy, generally applicable provisions on the protection of personal data shall apply.

The Policy enters into force from 01.01.2021.