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Privacy Policy of the 42M Store https://42moments.com (the "Store")

Dear User!

We care about your privacy and want you to feel comfortable while using our services. Therefore, below we present you with the most important information about the rules for our processing of your personal data and the cookies that are used by our Store. This information has been prepared taking into account the GDPR, i.e., the General Data Protection Regulation.

PERSONAL DATA CONTROLLER

42MOMENTS SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ (Limited Liability Company) with its registered office at Aleje Jerozolimskie 136, 02-305 Warsaw, Poland, entered into the National Court Register - register of entrepreneurs by the XIV Commercial Division of the National Court Register, under KRS number 0001139592, NIP (Tax Identification Number) 1182294969, REGON number 540240358, share capital PLN 5,000.00, paid-up capital PLN 5,000.00.

If you wish to contact us in connection with our processing of your personal data, please write to us at the e-mail address: shop@42moments.com.

YOUR RIGHTS

You have the right to request:

  • access to your personal data, including obtaining a copy of your data (Article 15 GDPR or - if applicable - Article 13(1)(f) GDPR),
  • its rectification (Article 16 GDPR),
  • its deletion (Article 17 GDPR),
  • restriction of processing (Article 18 GDPR),
  • transfer of data to another controller (Article 20 GDPR).

And also the right to:

  • object at any time to the processing of your data:
    • for reasons related to your particular situation – to the processing of personal data concerning you, based on Article 6(1)(f) GDPR (i.e., on legitimate interests pursued by us), including profiling (Article 21(1) GDPR);
    • if personal data are processed for direct marketing purposes, including profiling, to the extent that the processing is related to such direct marketing (Article 21(2) GDPR).

Contact us if you wish to exercise your rights. You can express your objection to our use of cookies (which you will read about below) especially by using the appropriate browser settings.

If you believe that your data is being processed unlawfully, you can submit a complaint to the President of the Personal Data Protection Office.

PERSONAL DATA AND PRIVACY

Below you will find detailed information on the processing of your data depending on the actions you take.

1. Placing an order in the Store

For what purpose?
fulfillment of your order
On what basis?
sales agreement (Article 6(1)(b) GDPR) legal obligation, particularly related to accounting, product safety, and compliance with legal requirements, obliging us to process your personal data (Article 6(1)(c) GDPR)
For how long?
for the duration of the aforementioned agreement until the legal obligations incumbent upon us expire
furthermore, your data will be processed until the end of the period in which it is possible to pursue claims – by you or by us
(you will find more information on this topic in the last table of this section)
What happens if you do not provide the data?
you will not be able to place an order

2. Creating an account in the Store

For what purpose?
performance of the agreement for the provision of the Store account maintenance service
On what basis?
agreement for the provision of services (Article 6(1)(b) GDPR)
For how long?
for the duration of the aforementioned agreement
furthermore, your data will be processed until the end of the period in which it is possible to pursue claims – by you or by us
(you will find more information on this topic in the last table of this section)
What happens if you do not provide the data?
you will not be able to create an account and use its features, such as viewing order history or checking order status

3. Contacting us (e.g., to ask a question)

For what purpose?
handling your inquiries or requests
On what basis?
agreement or actions taken at your request, aimed at its conclusion (Article 6(1)(b) GDPR) – in the event that your inquiry or request concerns an agreement to which we are or may be a party our legitimate interest, consisting in processing your data in order to communicate with you (Article 6(1)(f) GDPR) – if your inquiry or request is not related to an agreement
For how long?
for the duration of the agreement binding us or – if the agreement is not concluded - until the end of the claim pursuit period – see the last table of this section* until the end of the claim pursuit period – see the last table of this section - or until we acknowledge your objection to the processing*
furthermore, your data will be processed until the end of the period in which it is possible to pursue claims – by you or by us
(you will find more information on this topic in the last table of this section)
What happens if you do not provide the data?
we will not be able to respond to your inquiry or request
* depending on which is applicable in a given case

4. Browser settings or other similar action allowing marketing activities

For what purpose?
direct marketing, consisting in displaying personalized advertisements
(you will read more about this in the "Profiling" and "Cookies" sections of the Privacy Policy)
On what basis?
our legitimate interest, consisting in processing data for the purpose stated above (Article 6(1)(f) GDPR)
For how long?
until the expiry or deletion by you of the cookies used for marketing purposes*
What happens if you do not provide the data?
you will not receive suggestions for products or services you might be interested in
* depending on which is applicable in a given case

5. Browser settings or other similar action allowing analytical activities

For what purpose?
analyzing how you use and navigate the Store's website to improve its functionality
(you will read more about this in the "Analytical Activities" and "Cookies" sections of the Privacy Policy)
On what basis?
our legitimate interest, consisting in processing data for the purpose stated above (Article 6(1)(f) GDPR)
For how long?
until the expiry or deletion by you of the cookies used for analytical purposes*
What happens if you do not provide the data?
we will not take into account how you use and navigate the Store's website in our work on its development
* depending on which is applicable in a given case

6. Your consent to receive marketing content from us (e.g., information about special offers)

For what purpose?
sending marketing information, especially special offers analyzing the effectiveness of messages sent by us, in order to establish general rules regarding effective messaging in our business
(you will read more about this in the "Analytical Activities" section of the Privacy Policy)
On what basis?
your consent to our marketing activities (Article 6(1)(a) GDPR) our legitimate interest, consisting in processing data for the purpose stated above (Article 6(1)(f) GDPR)
For how long?
until you withdraw your consent – remember, you can withdraw your consent at any time. The processing of data until your consent is withdrawn remains lawful. until we acknowledge your objection to the processing
furthermore, your data will be processed until the end of the period in which it is possible to pursue claims – by you or by us
(you will find more information on this topic in the last table of this section)
What happens if you do not provide the data?
you will not receive our marketing materials, including information about our special offers

7. Subscribing to the newsletter

For what purpose?
sending the newsletter analyzing the effectiveness of the content sent by us, in order to establish general rules regarding effective messaging in our business
(you will read more about this in the "Analytical Activities" section of the Privacy Policy)
On what basis?
agreement for the provision of the newsletter dispatch service (Article 6(1)(b) GDPR) our legitimate interest, consisting in processing data for the purpose stated above (Article 6(1)(f) GDPR)
For how long?
until you unsubscribe from our newsletter until we acknowledge your objection to the processing
furthermore, your data will be processed until the end of the period in which it is possible to pursue claims – by you or by us
(you will find more information on this topic in the last table of this section)
What happens if you do not provide the data?
you will not be able to receive information concerning the Store and our services

8. Using services (other than those mentioned above), such as browsing our website or using other features available on it - if they require data processing

For what purpose?
performance of the agreement concluded between us
On what basis?
agreement for the provision of services (Article 6(1)(b) GDPR)
For how long?
for the duration of the aforementioned agreement
furthermore, your data will be processed until the end of the period in which it is possible to pursue claims – by you or by us
(you will find more information on this topic in the last table of this section)
What happens if you do not provide the data?
you will not be able to use the features for which data processing is necessary

9. Taking action or omission that may give rise to claims related to the Store or our services

For what purpose?
establishing, pursuing, or defending against potential claims related to the concluded agreement or provided services
On what basis?
our legitimate interest, consisting in processing personal data for the purpose indicated above (Article 6(1)(f) GDPR)
For how long?
until the expiration of the limitation period for claims or until we acknowledge your objection to the processing*
What happens if you do not provide the data?
inability to establish, pursue, or defend against claims
* depending on which is applicable in a given case

PROFILING

Within the Store, we carry out profiling – with respect to you, this will take place if you allow such activities. This profiling consists in the automatic assessment of what products or services you may be interested in, using information about the content you view. Thanks to this, advertisements for products or services displayed within the online services you use will be better tailored to you and your needs.

The profiling we carry out does not result in decisions producing legal effects concerning you or similarly significantly affecting you.

ANALYTICAL ACTIVITIES

Within the Store's website, we conduct analytical activities aimed at increasing its intuitiveness and accessibility – with respect to you, this will take place if you allow such activities. As part of the analysis, we will take into account how you navigate the Store – i.e., for example, how much time you spend on a given subpage, or which places in the Store you click on. Thanks to this, during work on the Store's development, we will be able to optimize its layout, appearance, and the content posted in it, so as to improve its functionality.

Furthermore, if you express a desire to receive marketing messages or a newsletter from us, we may analyze the effectiveness of our mailing. For example, we can check whether and how it affected activity in our Store. Such actions will help us establish general rules regarding the sending of this type of messages in our business - e.g., in terms of optimal sending hours or how to formulate effective content.

DATA SECURITY

When processing your personal data, we apply organizational and technical measures in accordance with applicable legal regulations, including the use of connection encryption with an SSL/TLS certificate.

COOKIES

Our Store, like most websites, uses so-called cookies. These files:

  • are saved in the memory of your device (computer, phone, etc.);
  • do not cause changes in the settings of your device.

In this Store, cookies are used for the following purposes:

  • statistical
  • marketing
  • providing Store features

To learn how to manage cookies, including how to disable them in your browser, you can use the help file of your browser. You can familiarize yourself with information on this subject by pressing the F1 key in your browser. Furthermore, you will find appropriate tips on the following subpages, depending on the browser you are using:

Below you will find information about the functions of the cookies we process and their validity period.

cookie name cookie validity period cookie function
_ga session duration tracking for statistical purposes

By using the appropriate options of your browser, you can at any time:

  • delete cookies,
  • block the use of cookies in the future.

In such cases, we will no longer process them.

EXTERNAL SERVICES / DATA RECIPIENTS

We use the services of external entities that support us in running our business. We entrust them with your data for processing – these entities process data exclusively on our documented instructions.

Below you will find a list of recipients of your data:

ACTIVITY DATA RECIPIENTS DATA TRANSFER OUTSIDE THE EUROPEAN UNION
any activity in connection with the Store persons cooperating with us on the basis of civil law contracts, supporting our current activities yes – United States of America, United Kingdom **
sales management software provider yes – United States of America, United Kingdom **
staying on the Store's website with settings allowing marketing activities entity providing marketing services yes – United States of America, United Kingdom **
placing an order in the Store payment provider yes – United States of America, United Kingdom **
entity delivering the product to you yes – United States of America, United Kingdom **
software provider facilitating business operations (e.g., accounting software) yes – United States of America, United Kingdom **
accounting office yes – United States of America, United Kingdom **
subscribing to the newsletter or consenting to the sending of marketing messages entity providing the dispatch of the newsletter or marketing messages yes – United States of America, United Kingdom **

And furthermore:

relevant public authorities to the extent that we are obliged to make data available to them.

TRANSFERRING PERSONAL DATA TO COUNTRIES OUTSIDE THE EUROPEAN UNION

** In connection with the above, your personal data may also be processed by entities outside the European Union. The appropriate level of protection for your data, including through the use of appropriate safeguards, is ensured by:

  • the participation of these entities in the so-called Data Privacy Framework, i.e., a program established by an implementing decision of the European Commission as a set of rules guaranteeing appropriate protection of your privacy - in the case of entities from the United States of America
  • the Commission implementing decision of June 28, 2021, pursuant to Regulation (EU) 2016/679 of the European Parliament and of the Council, on the adequate protection of personal data in the United Kingdom