PRIVACY POLICY

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§ 1 General Provisions

1. This Privacy Policy sets out the rules for processing personal data obtained through the online store www.moodphotocollection.com (hereinafter referred to as the "Online Store").

2. The owner of the Store and the administrator of personal data is Aleksander Pałka, conducting business under the name CHANGEUP Aleksander Pałka, with its registered office in Pęgów (55-120), ul. Jarzębinowa 35, entered in the Central Register and Information on Economic Activity maintained by the Minister of Development and Technology, NIP: 6391725815, REGON: 389428363, hereinafter referred to as CHANGEUP Aleksander Pałka.

3. Personal data collected by CHANGEUP Aleksander Pałka via the Online Store are processed in accordance with the 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.

4. CHANGEUP Aleksander Pałka pays special attention to respecting the privacy of customers visiting the Online Store.

§ 2 Type of Data Processed, Purposes, and Legal Basis

1. CHANGEUP Aleksander Pałka collects information about individuals making a legal transaction not directly related to their business or professional activity, individuals conducting business or professional activity on their own behalf, and individuals representing legal entities or organizational units that are not legal entities, but are granted legal capacity by law, hereinafter collectively referred to as Clients.

2. The personal data of Clients are collected in the following cases: a) Registration of an account in the Online Store to create an individual account and manage it. Legal basis: necessity to perform the service of Account management (Article 6(1)(b) GDPR); b) Placing an order in the Online Store to perform a sales contract. Legal basis: necessity to perform the sales contract (Article 6(1)(b) GDPR); c) Using the contact form service in the Online Store to perform an electronically provided service. Legal basis: necessity to perform the service of the contact form (Article 6(1)(b) GDPR).

3. When registering an account in the Online Store, the Client provides an email address.

4. When registering an account in the Online Store, the Client independently sets an individual password to access their account. The Client may change the password at a later time, as described in the Terms and Conditions.

5. When placing an order in the Online Store, the Client provides the following data: a) Email address; b) Address data: postal code and city, country, street with house/apartment number, state/province; c) First and last name; d) Phone number.

6. For Entrepreneurs, the above data scope is additionally expanded by: a) The Entrepreneur's company name; b) Tax Identification Number (NIP).

7. When using the contact form service, the Client provides the following data: a) Email address; b) First and last name.

8. While using the Online Store, additional information may be collected, in particular: the IP address assigned to the Client's computer or the external IP address of the Internet provider, domain name, browser type, access time, and operating system type.

9. Navigation data may also be collected from Clients, including information about the links and references they decide to click or other activities undertaken in the Online Store. Legal basis: legitimate interest (Article 6(1)(f) GDPR) consisting in facilitating the use of services provided electronically and improving the functionality of these services.

10. In order to establish, assert, and enforce claims, some personal data provided by the Client as part of the use of the functionalities in the Online Store, such as first name, last name, data on the use of services, if the claims result from the manner in which the Client uses the services, other data necessary to prove the existence of a claim, including the extent of the damage suffered. Legal basis: legitimate interest (Article 6(1)(f) GDPR) consisting in establishing, asserting, and enforcing claims and defending against claims in proceedings before courts and other state authorities.

11. Providing personal data to CHANGEUP Aleksander Pałka is voluntary in connection with concluded sales contracts or the provision of services via the Online Store's Website. However, failure to provide specific data in the forms may prevent the Registration and creation of a Client Account, as well as prevent the submission and fulfillment of an order.

§ 3 Who Has Access to Data and How Long Are They Stored?

1. Personal data of the Client are transferred to service providers used by CHANGEUP Aleksander Pałka in the operation of the Online Store. Service providers to whom personal data are transferred, depending on contractual arrangements and circumstances, are either subject to the instructions of CHANGEUP Aleksander Pałka regarding the purposes and means of processing these data (processors) or determine the purposes and means of processing themselves (controllers). a) Processors: CHANGEUP Aleksander Pałka uses service providers who process personal data solely on behalf of CHANGEUP Aleksander Pałka. These include, among others, providers of hosting services, accounting services, marketing systems, traffic analysis systems in the Online Store, and systems for analyzing the effectiveness of marketing campaigns. b) Controllers: CHANGEUP Aleksander Pałka uses service providers who do not act solely on behalf of CHANGEUP Aleksander Pałka and independently determine the purposes and means of using Clients' personal data. They provide electronic payment and banking services.

2. Location: Service providers are located in Poland and other countries within the European Economic Area (EEA).

3. Clients' personal data are stored: a) If the basis for processing personal data is consent, the data are processed by CHANGEUP Aleksander Pałka for as long as the consent is not withdrawn, and after the withdrawal of consent for a period corresponding to the period of limitation of claims that may be raised by CHANGEUP Aleksander Pałka and that may be raised against him. Unless a special provision states otherwise, the limitation period is six years, and for periodic performance claims and claims related to running a business, it is three years. b) If the basis for data processing is the performance of a contract, personal data will be processed by CHANGEUP Aleksander Pałka for as long as it is necessary to perform the contract, and after that time, for a period corresponding to the period of limitation of claims. Unless a special provision states otherwise, the limitation period is six years, and for periodic performance claims and claims related to running a business, it is three years.

4. When making a purchase in the Online Store, personal data may be transferred to a courier company to deliver the ordered goods.

5. Navigation data may be used to ensure better service for Clients, analyze statistical data, adjust the Online Store to Client preferences, and administer the Online Store.

6. In the event of a request, CHANGEUP Aleksander Pałka makes personal data available to authorized state authorities, particularly to the organizational units of the Prosecutor's Office, the Police, the President of the Office for Personal Data Protection, the President of the Office of Competition and Consumer Protection, or the President of the Office of Electronic Communications.

§ 4 Cookies Mechanism, IP Address

1. The Online Store uses small files called cookies. They are saved by CHANGEUP Aleksander Pałka on the Client's end device. A cookie file usually contains the name of the domain from which it originates, its "expiration time," and an individual, randomly selected number identifying that file. The information collected through such files helps tailor the products offered by CHANGEUP Aleksander Pałka to the individual preferences and actual needs of people visiting the Online Store. They also provide the opportunity to compile general statistics on visits to the presented products in the Online Store.

2. CHANGEUP Aleksander Pałka uses two types of cookies: a) Session cookies: after the session of a given browser ends or the computer is turned off, the saved information is removed from the device's memory. The session cookies mechanism does not allow for the collection of any personal data or any confidential information from the Client's computer. b) Persistent cookies: they are stored in the memory of the Client's end device and remain there until they are deleted or expire. The persistent cookies mechanism does not allow for the collection of any personal data or any confidential information from the Client's computer.

3. CHANGEUP Aleksander Pałka uses its own cookies for the purpose of: a) Authenticating the Client in the Online Store and ensuring the Client's session in the Online Store (after logging in), through which the Client does not have to re-enter their login and password on each subpage of the Online Store; b) Analyses and research, and audits of viewership, in particular, to create anonymous statistics that help understand how Clients use the Online Store's Website, which allows for the improvement of its structure and content.

4. CHANGEUP Aleksander Pałka uses external cookies for the purpose of: a) Authenticating the Client in the Online Store and ensuring the Client's session in the Online Store (after logging in), through which the Client does not have to re-enter their login and password on each subpage of the Online Store, using the social network service Facebook.com (external cookie administrator: Facebook Inc. based in the USA or Facebook Ireland based in Ireland); b) Authenticating the Client in the Online Store and ensuring the Client's session in the Online Store (after logging in), through which the Client does not have to re-enter their login and password on each subpage of the Online Store, using the social network service Google.com (external cookie administrator: Google Inc. based in the USA); c) Collecting general and anonymous statistical data through analytical tools Google Analytics (external cookie administrator: Google LLC based in the USA).

5. The cookie mechanism is safe for the computers of the Clients of the Online Store. In particular, it is not possible for viruses or other unwanted software or malicious software to get to the Clients' computers this way. Nevertheless, Clients have the option to limit or disable the access of cookies to their computers in their browsers. If this option is used, the use of the Online Store will be possible, except for functions that, by their nature, require cookies.

6. Below we present how to change the settings of popular web browsers regarding the use of cookies: a) Chrome and Chrome Mobile browser; b) Facebook in-app Browser; c) Internet Explorer browser; d) Microsoft EDGE browser; e) Mozilla Firefox browser; f) Opera browser; g) Safari and Safari Mobile browser; h) Samsung Browser.

7. CHANGEUP Aleksander Pałka may collect IP addresses of Clients. An IP address is a number assigned to the computer of a person visiting the Online Store by the internet service provider. The IP number enables access to the Internet. In most cases, it is assigned to the computer dynamically, i.e., it changes with each connection to the Internet. The IP address is used by CHANGEUP Aleksander Pałka for diagnosing technical problems with the server, creating statistical analyses (e.g., determining from which regions we record the most visits), as information useful for administering and improving the Online Store, and for security purposes and possible identification of unwanted automatic programs for viewing the content of the Online Store.

8. The Online Store contains links and references to other websites. CHANGEUP Aleksander Pałka is not responsible for the privacy practices on those websites.

§ 5 Rights of Data Subjects

1. Right to withdraw consent - legal basis: Article 7(3) GDPR. a) The Client has the right to withdraw any consent given to CHANGEUP Aleksander Pałka. b) Withdrawal of consent takes effect from the moment of withdrawal. c) Withdrawal of consent does not affect the processing carried out by CHANGEUP Aleksander Pałka in accordance with the law before its withdrawal. d) Withdrawal of consent does not entail any negative consequences for the Client, but it may prevent further use of services or functionalities that, according to the law, CHANGEUP Aleksander Pałka can only provide with consent.

2. Right to object to data processing - legal basis: Article 21 GDPR. a) The Client has the right to object at any time - for reasons related to their particular situation - to the processing of their personal data, including profiling, if CHANGEUP Aleksander Pałka processes their data based on a legitimate interest, e.g., marketing of products and services by CHANGEUP Aleksander Pałka, maintaining statistics on the use of particular functionalities of the Online Store, and facilitating the use of the Online Store, as well as satisfaction surveys. b) Resignation from receiving marketing communications about products or services in the form of an email will mean the Client's objection to the processing of their personal data, including profiling, for these purposes. c) If the Client's objection is justified and CHANGEUP Aleksander Pałka has no other legal basis for processing personal data, the personal data of the Client will be deleted with respect to the processing of which the Client has objected.

3. Right to delete data ("right to be forgotten") - legal basis: Article 17 GDPR. c) Despite the request for data deletion in connection with an objection or withdrawal of consent, CHANGEUP Aleksander Pałka may retain certain personal data to the extent that processing is necessary to establish, assert, or defend claims, as well as to comply with a legal obligation requiring processing under EU law or the law of a Member State to which CHANGEUP Aleksander Pałka is subject. This applies in particular to personal data including: first name, last name, email address, which data are retained for the purposes of handling complaints and claims related to the use of services by CHANGEUP Aleksander Pałka, or additionally, home/mailing address, order number, which data are retained for the purposes of handling complaints and claims related to sales contracts or service provision.

4. Right to restrict data processing - legal basis: Article 18 GDPR. a) The Client has the right to request the restriction of the processing of their personal data. The submission of a request, until it is considered, prevents the use of specific functionalities or services, the use of which would involve processing the data covered by the request. CHANGEUP Aleksander Pałka will not send any communications, including marketing ones. b) The Client has the right to request the restriction of the use of personal data in the following cases:

   • When they question the accuracy of their personal data - then CHANGEUP Aleksander Pałka limits their use for the time needed to check the accuracy of the data, no longer than 7 days;

   • When the processing of data is unlawful, and instead of deleting the data, the Client requests the restriction of their use;

   • When personal data is no longer necessary for the purposes for which they were collected or used, but are needed by the Client to establish, assert, or defend claims;

   • When they have objected to the use of their data - then the restriction occurs for the time needed to consider whether, due to their particular situation, the protection of the interests, rights, and freedoms of the Client prevails over the interests pursued by the Administrator when processing the Client's personal data.

5. Right to access data - legal basis: Article 15 GDPR. a) The Client has the right to obtain confirmation from the Administrator whether their personal data is being processed, and if so, the Client has the right to:

   • Obtain access to their personal data;

   • Obtain information about the purposes of processing, categories of processed personal data, recipients or categories of recipients of these data, the planned period of data storage of the Client or the criteria for determining this period (when it is not possible to determine the planned period of data processing), the rights available to the Client under GDPR, the right to lodge a complaint with a supervisory authority, the source of these data, automated decision-making, including profiling, and the safeguards used in connection with the transfer of these data outside the European Union;

   • Obtain a copy of their personal data.

6. Right to rectify data - legal basis: Article 16 GDPR. a) The Client has the right to request the Administrator to immediately rectify their personal data that is incorrect. Taking into account the purposes of the processing, the Client has the right to request the completion of incomplete personal data, including by submitting an additional statement, by directing a request to the email address in accordance with §7 of the Privacy Policy.

7. Right to data portability - legal basis: Article 20 GDPR. a) The Client has the right to receive their personal data that they have provided to the Administrator and then send them to another, chosen by them, administrator of personal data. The Client also has the right to request that personal data be sent by the Administrator directly to such an administrator, if technically possible. In such a case, the Administrator will send the Client's personal data in the form of a csv file, which is a commonly used format, machine-readable and allowing for the transmission of the received data to another personal data administrator.

8. In the event of a Client exercising the rights resulting from the above rights, CHANGEUP Aleksander Pałka will fulfill the request or refuse to fulfill it immediately, no later than within a month after receiving it. If, however, due to the complicated nature of the request or the number of requests, CHANGEUP Aleksander Pałka cannot fulfill the request within a month, they will fulfill it within the next two months, informing the Client in advance within a month of receiving the request - about the intended extension of the deadline and its reasons.

9. The Client may submit complaints, inquiries, and requests to the Administrator regarding the processing of their personal data and the exercise of the rights they are entitled to.

10. The Client has the right to request from CHANGEUP Aleksander Pałka a copy of the standard contractual clauses by submitting an inquiry in the manner specified in §7 of the Privacy Policy.

11. The Client has the right to lodge a complaint with the President of the Office for Personal Data Protection regarding the violation of their rights to the protection of personal data or other rights granted under GDPR.

§ 6 Security Management - Password

1. CHANGEUP Aleksander Pałka provides Clients with a secure and encrypted connection when transmitting personal data and when logging into the Client Account in the Service. CHANGEUP Aleksander Pałka uses an SSL certificate issued by one of the leading global companies in the field of security and encryption of data transmitted over the Internet.

2. If a Client with an account in the Online Store loses their access password in any way, the Online Store allows generating a new password. CHANGEUP Aleksander Pałka does not send a password reminder. The password is stored in an encrypted form, making it impossible to read. To generate a new password, you must provide the email address in the form available at the "Forgot your password" link provided in the login form for the account in the Online Store. The Client will receive an email containing a link to a dedicated form provided on the Online Store's Website, where the Client will have the opportunity to set a new password.

3. CHANGEUP Aleksander Pałka never sends any correspondence, including electronic correspondence, asking for login data, and especially not for the account access password.

§ 7 Changes to the Privacy Policy

1. The Privacy Policy may change, of which CHANGEUP Aleksander Pałka will inform Clients in advance, 7 days before the changes take effect.

2. Questions related to the Privacy Policy should be sent to: alex@moodphotocollection.com.

3. Date of the last modification: 15.09.2024.