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Privacy Policy

GENERAL PROVISIONS

This Privacy Policy of the Website is informative, which means it is not a source of obligations for the Website Users. The privacy policy primarily contains the rules for the processing of personal data by the Administrator on the Website, including the basis, purposes and scope of personal data processing and the rights of individuals whose data concerns, as well as information on the use of cookies and analytical tools on the Website.

The personal data administrator collected through the Website is Damien Bignon Service, based in Warsaw 02-747, ul. Kazimierza Kuratowskiego 2, NIP 9512520546, email address: info@mercichef.pl, telephone number: +48 690 68 68 68 - hereinafter referred to as the "Administrator" and being also the Owner of the Website.

Personal data on the Website 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 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 "GDPR" or "GDPR Regulation". The official text of the GDPR Regulation: http://eur-lex.europa.eu/legal-content/PL/TXT/?uri=CELEX%3A32016R0679

The use of the Website is voluntary. Similarly, providing personal data by the User using the Website is voluntary, with two exceptions: (1) entering into contracts with the Administrator: failing to provide the necessary data to enter into and perform the Sales Agreement or the contract for the provision of Electronic Services with the Administrator results in the inability to conclude this agreement. Providing personal data is in this case a contractual requirement and if the person whose data concerns wants to conclude a specific contract with the Administrator, they are obliged to provide the required data. Each time the scope of data required to conclude the contract is indicated by the Administrator; (2) legal obligations of the Administrator: providing 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 books) and their failure to provide will prevent the Administrator from performing these obligations.

The Administrator takes special care to protect the interests of individuals whose personal data he processes, and in particular, he is responsible and ensures that the data he collects are: (1) processed in accordance with the law; (2) collected for specified, lawful purposes and not subjected to further processing inconsistent with these 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 they relate, no longer than it is necessary to achieve the purpose of processing and (5) processed in a way that ensures the security of personal data, including protection against unauthorized or unlawful processing and accidental loss, destruction or damage, using appropriate technical or organizational measures.

Taking into account the nature, scope, context and purposes of processing and the risk of violation of the rights or freedoms of natural persons with varying probability and severity of threat, the Administrator implements 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 are reviewed and updated as necessary. The Administrator applies technical measures to prevent the acquisition and modification by unauthorized persons of personal data transmitted electronically.

All words, expressions and acronyms appearing in this privacy policy and starting with a capital letter (e.g., Website, Electronic Service) should be understood

BASIS OF DATA PROCESSING

The Administrator 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 person to whom the data relates 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 person to whom the data relates is a party, or to take steps at the request of the person to whom the data relates before entering into a contract; (3) processing is necessary to fulfill a legal obligation incumbent on the Administrator; or (4) processing is necessary for the purposes of the legitimate interests pursued by the Administrator or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject requiring the protection of personal data, in particular when the data subject is a child.

The processing of personal data by the Administrator requires the existence of at least one of the bases indicated above each time. The specific bases for the processing of personal data of Users of the Website by the Administrator are indicated in the next point of the privacy policy - in relation to the specific purpose of processing personal data by the Administrator.

 

PURPOSE, BASIS, PERIOD, AND SCOPE OF DATA PROCESSING ON THE WEBSITE

Each time, the purpose, basis, period, and scope as well as the recipients of personal data processed by the Administrator result from the actions taken by a given User on the Website.

The Administrator may process personal data on the Website for the following purposes, on the following basis, for the periods, and within the following scope:

 

Purpose of data processing

Legal basis for processing and data retention period

Scope of data processing

Performing a contract for the provision of an Electronic Service or taking action at the request of the data subject prior to entering into a contract

Article 6 (1) (b) of the GDPR (performance of the contract)

 

Data is stored for the period necessary to perform, terminate, or otherwise expire the concluded contract.

Maximum scope: first name, email address.

Direct marketing

Article 6 (1) (f) of the GDPR (legitimate interest of the administrator)

Data is stored for the period of existence of the legitimate interest pursued by the Administrator, but not longer than the period of limitation of claims against the person whose data is concerned, due to the business activity conducted by the Administrator. The limitation period is determined by law, in particular by the Civil Code (the basic limitation period for claims related to conducting business activity is three years, and for a sales contract two years).

The Administrator cannot process data for direct marketing purposes in case of an effective objection in this regard by the person whose data is concerned.

E-mail address

Marketing

Article 6 (1) (a) of the GDPR (consent)

 

Data is stored until the person whose data is concerned withdraws their consent to further processing of their data for this purpose.

Name, e-mail address

Establishing, asserting or defending claims which the Administrator may assert or which may be asserted against the Administrator

Article 6 (1) (f) of the GDPR

 

Data is stored for the period of existence of the legitimate interest pursued by the Administrator, but not longer than the period of limitation of claims against the person whose data is concerned, due to the business activity conducted by the Administrator. The limitation period is determined by law, in particular by the Civil Code (the basic limitation period for claims related to conducting business activity is three years, and for a sales contract two years).

First and last name; contact telephone number; e-mail address; delivery address (street, house number, apartment number, postal code, city, country), residential/business/residential address (if different from delivery address).

 

In the case of Service Recipients or Clients who are not consumers, the Administrator may additionally process the company name and tax identification number (NIP) of the Service Recipient or Client.

DATA RECIPIENTS ON THE WEBSITE

For the proper functioning of the Website, it is necessary for the Administrator to use the services of external entities (such as, for example, a software 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 Regulation and protects the rights of the persons whose data is concerned.

 

The Administrator does not always transfer data to all the recipients or categories of recipients indicated in the privacy policy - the Administrator transfers data only when it is necessary to achieve a specific purpose of personal data processing and only to the extent necessary for its realization.

 

The personal data of the Website Users may be transferred to the following recipients or categories of recipients:

- Service providers supplying the Administrator with technical, IT and organizational solutions enabling the Administrator to conduct business activity, including the Website and Electronic Services provided through it (in particular computer software providers for running the Website, electronic mail and hosting providers and software providers for company management and providing technical assistance to the Administrator) - The Administrator makes the collected personal data of the Client available to the selected supplier acting on his behalf only in the case and to the extent necessary to achieve a specific purpose of data processing in accordance with this privacy policy.

- Providers of accounting, legal and advisory services providing the Administrator with accounting, legal or advisory support (in particular an accounting office, law firm or debt collection company) - The Administrator makes the collected personal data of the Client available to the selected supplier acting on his behalf only in the case and to the extent necessary to achieve a specific purpose of data processing in accordance with this privacy policy.

RIGHTS OF THE DATA SUBJECT

Right of access, rectification, restriction, erasure, or portability - the data subject has the right to request from the Administrator access to their personal data, their rectification, erasure ("right to be forgotten") or restriction of processing, and has the right to object to processing, as well as the right to data portability. The detailed conditions for the execution of the rights indicated above are specified in Articles 15-21 of the GDPR.

 

Right to withdraw consent at any time - if the data subject's data is processed by the Administrator based on given consent (based on Article 6(1)(a) or Article 9(2)(a) of the GDPR), they have the right to withdraw consent at any time without affecting the legality of processing that was carried out based on consent before its withdrawal.

 

Right to lodge a complaint with a supervisory authority - the data subject has the right to lodge a complaint with a supervisory authority in the manner and mode 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 Office for Personal Data Protection.

 

Right to object - the data subject has the right to object at any time – for reasons related to their particular situation – to the processing of their personal data based on Article 6(1)(e) (public interest or task) or (f) (legitimate interest of the administrator), including profiling based on these provisions. In such a case, the Administrator may no longer process this personal data, unless it demonstrates the existence of valid legally justified grounds for processing that override the interests, rights and freedoms of the data subject, or grounds for establishing, pursuing or defending claims.

 

Right to object to direct marketing - if personal data are processed for direct marketing purposes, the data subject has the right to object at any time to processing of their personal data for such marketing, including profiling, to the extent that the processing is related to such direct marketing.

 

To exercise the rights mentioned in this point of the privacy policy, you can 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 using the contact form available on the Website.

COOKIES ON THE WEBSITE, OPERATIONAL DATA, AND ANALYTICS

Cookies are small text information in the form of text files, sent by the server and saved on the side of the person visiting the Website (e.g., on the hard drive of a computer, laptop, or on the memory card of a smartphone - depending on the device used by the visitor to our Website). Detailed information about Cookies, as well as their history, can be found here: http://pl.wikipedia.org/wiki/Ciasteczko.

 

The Administrator may process data contained in Cookies when visitors use the Website for the following purposes:

 

tailoring the content of the Website to the individual preferences of the Service User (e.g., regarding colors, font size, layout) and optimizing the use of the Website;

conducting anonymous statistics showing how the Website is used;

remarketing, that is, researching the characteristics of visitors' behavior by anonymously analyzing their actions (e.g., repeated visits to specific pages, keywords, etc.) in order to create their profile and provide them with ads tailored to their anticipated interests, even when they visit other websites in the advertising network of Google Inc. and Facebook Ireland Ltd.;

By default, most web browsers available on the market accept saving Cookies. Everyone has the option to determine the conditions for using Cookies through the settings of their web browser. This means that you can, for example, partially limit (e.g., temporarily) or completely disable the ability to save Cookies - in the latter case, however, this may affect some functionalities of the Website.

 

Web browser settings in the field of Cookies are essential from the point of view of consent to use Cookies by our Website - according to regulations, such consent can also be expressed through web browser settings. In the absence of such consent, you should change the web browser settings in the field of Cookies accordingly.

 

Detailed information on changing settings related to Cookies and their independent removal in the most popular web browsers is available in the help section of the web browser and on the following pages (just click the link):

 

in Chrome browser

in Firefox browser

in Internet Explorer browser

in Opera browser

in Safari browser

in Microsoft Edge browser

The Administrator may use Google Analytics, Universal Analytics services provided by Google Inc. (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA) on the Website. These services help the Administrator analyze traffic on the Website. The collected data is processed within the above services in an anonymized way (these are so-called operational data, which do not allow identifying a person) to generate statistics helpful in administering the Website. This data is aggregate and anonymous, i.e., they do not contain features identifying (personal data) the person visiting the Website. The Administrator collects such data as the sources and medium of acquiring visitors to the Website and their behavior on the Website, information about devices and browsers from which they visit the site, IP and domain, geographic data and demographic data (age, gender), and interests.

 

It is possible to easily block a person from sharing Google Analytics information about their activity on the 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.

 

The Administrator may use the Facebook Pixel service provided by Facebook Ireland Limited (4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland) on the Website. This service helps the Administrator measure ad effectiveness and learn what actions Website visitors take, as well as show these people tailored ads. Detailed information about the operation of the Facebook Pixel can be found at the following web address: https://www.facebook.com/business/help/742478679120153?helpref=page_content.

 

Managing the operation of the Facebook Pixel is possible through ad settings in your account on the Facebook.com portal: https://www.facebook.com/ads/preferences/?entry_product=ad_settings_screen.

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