Privacy Policy
Introduction
This document has been issued under 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) (Text with EEA relevance) – hereinafter the GDPR, and the Polish Personal Data Protection Act of 10 May 2018 (Journal of Laws, item 1000) – hereinafter the Act. It is commonly referred to as the Privacy Policy.
To provide the services described in the Terms and Conditions of the Candles with a Mission shop, and to protect the fundamental rights and freedoms of all natural and legal persons using the website, in particular their right to the protection of personal data, this document sets out the rules for processing information about the website’s Users.
The types of personal data collected, stored and processed depend on how you use the website – and therefore on the information (personal data) you provide to the Personal Data Controller. At every stage, personal data is protected as required by law, and the data subject has a number of rights related to the processing of their data. Those rights are described in this document.
Who collects, stores and processes personal data
The Personal Data Controller is the operator of the website, Fundacja Klub Fundacji Centaurus (Centaurus Foundation Club), based in Wrocław, Poland.
Fundacja Klub Fundacji Centaurus, based in Wrocław, ul. Skarbowców 23A/BUD.B3, 53-025 Wrocław, Poland, entered in the Register of Associations, Other Social and Professional Organizations, Foundations and Independent Public Healthcare Institutions (and also in the Register of Entrepreneurs) of the National Court Register kept by the District Court in Wrocław, 6th Commercial Division of the National Court Register, under KRS number 0000278299, REGON: 140974200, NIP (tax ID): 8943068607.
Contact:
1. sklep@candleswithmission.com
2. postal address – the registered office address above
Contact details of the Data Protection Officer:
1. email kancelaria@u-ska.pl
2. postal address – Kancelaria Adwokacka Uszyński S.K.A., ul. Wł. Broniewskiego 48/127, 01-771 Warsaw, Poland.
What data is processed
All information and data are provided by Users voluntarily while using the website. For example, when registering, you fill in the relevant fields of the registration form and submit it. The website operator then sends a message with a link to the email address you provided; clicking the link means you consent to the processing of your personal data under the Personal Data Protection Policy and this Privacy Policy.
If a User makes a purchase on the website, we process:
1. first and last name,
2. postal address or delivery address,
3. email address,
4. transaction data (e.g. bank account number, address).
If a User has consented to receive communications (e.g. a newsletter), we process the User’s email address.
If a User contacts the website operator, we may process:
1. first and last name,
2. postal address,
3. email address,
4. phone number
– depending on how the User gets in touch.
We process data from cookies stored on your device.
If a User signs up for the newsletter on the website, we process:
1. email address.
Legal basis for processing personal data
1. 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) (Text with EEA relevance).
2. The Polish Personal Data Protection Act of 10 May 2018 (Journal of Laws, item 1000).
Lawfulness of processing
Article 6 GDPR
1. Processing shall be lawful only if and to the extent that at least one of the following applies:
a) the data subject has given consent to the processing of his or her personal data for one or more specific purposes;
b) 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;
c) processing is necessary for compliance with a legal obligation to which the controller is subject;
d) processing is necessary in order to protect the vital interests of the data subject or of another natural person;
e) processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
f) 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.
Point (f) of the first subparagraph shall not apply to processing carried out by public authorities in the performance of their tasks.
Conditions for consent
Article 7 GDPR
1. Where processing is based on consent, the controller shall be able to demonstrate that the data subject has consented to processing of his or her personal data.
2. If the data subject’s consent is given in the context of a written declaration which also concerns other matters, the request for consent shall be presented in a manner which is clearly distinguishable from the other matters, in an intelligible and easily accessible form, using clear and plain language. Any part of such a declaration which constitutes an infringement of this Regulation shall not be binding.
3. The data subject shall have the right to withdraw his or her consent at any time. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal. Prior to giving consent, the data subject shall be informed thereof. It shall be as easy to withdraw as to give consent.
4. When assessing whether consent is freely given, utmost account shall be taken of whether, inter alia, the performance of a contract, including the provision of a service, is conditional on consent to the processing of personal data that is not necessary for the performance of that contract.
Conditions applicable to a child’s consent in relation to information society services
Article 8 GDPR
1. Where point (a) of Article 6(1) applies, in relation to the offer of information society services directly to a child, the processing of the personal data of a child shall be lawful where the child is at least 16 years old. Where the child is below the age of 16 years, such processing shall be lawful only if and to the extent that consent is given or authorized by the holder of parental responsibility over the child.
Member States may provide by law for a lower age for those purposes provided that such lower age is not below 13 years.
2. The controller shall make reasonable efforts to verify in such cases that consent is given or authorized by the holder of parental responsibility over the child, taking into consideration available technology.
3. Paragraph 1 shall not affect the general contract law of Member States such as the rules on the validity, formation or effect of a contract in relation to a child.
Processing of special categories of personal data
Article 9 GDPR
1. Processing of personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person’s sex life or sexual orientation shall be prohibited.
2. Paragraph 1 shall not apply if one of the following applies:
a. the data subject has given explicit consent to the processing of those personal data for one or more specified purposes, except where Union or Member State law provide that the prohibition referred to in paragraph 1 may not be lifted by the data subject;
b. processing is necessary for the purposes of carrying out the obligations and exercising specific rights of the controller or of the data subject in the field of employment and social security and social protection law in so far as it is authorized by Union or Member State law or a collective agreement pursuant to Member State law providing for appropriate safeguards for the fundamental rights and the interests of the data subject;
c. processing is necessary to protect the vital interests of the data subject or of another natural person where the data subject is physically or legally incapable of giving consent;
d. processing is carried out in the course of its legitimate activities with appropriate safeguards by a foundation, association or any other not-for-profit body with a political, philosophical, religious or trade union aim and on condition that the processing relates solely to the members or to former members of the body or to persons who have regular contact with it in connection with its purposes and that the personal data are not disclosed outside that body without the consent of the data subjects;
e. processing relates to personal data which are manifestly made public by the data subject;
f. processing is necessary for the establishment, exercise or defense of legal claims or whenever courts are acting in their judicial capacity;
g. processing is necessary for reasons of substantial public interest, on the basis of Union or Member State law which shall be proportionate to the aim pursued, respect the essence of the right to data protection and provide for suitable and specific measures to safeguard the fundamental rights and the interests of the data subject;
h. processing is necessary for the purposes of preventive or occupational medicine, for the assessment of the working capacity of the employee, medical diagnosis, the provision of health or social care or treatment or the management of health or social care systems and services on the basis of Union or Member State law or pursuant to contract with a health professional and subject to the conditions and safeguards referred to in paragraph 3;
i. processing is necessary for reasons of public interest in the area of public health, such as protecting against serious cross-border threats to health or ensuring high standards of quality and safety of health care and of medicinal products or medical devices, on the basis of Union or Member State law which provides for suitable and specific measures to safeguard the rights and freedoms of the data subject, in particular professional secrecy;
j. processing is necessary for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89(1) based on Union or Member State law which shall be proportionate to the aim pursued, respect the essence of the right to data protection and provide for suitable and specific measures to safeguard the fundamental rights and the interests of the data subject.
Information to be provided where personal data are collected from the data subject
Where personal data relating to a data subject are collected from the data subject, the controller shall, at the time when personal data are obtained, provide the data subject with all of the following information:
1. the identity and the contact details of the controller and, where applicable, of the controller’s representative:
Fundacja Klub Fundacji Centaurus, based in Wrocław, ul. Skarbowców 23A/BUD.B3, 53-025 Wrocław, Poland, entered in the Register of Associations, Other Social and Professional Organizations, Foundations and Independent Public Healthcare Institutions (and also in the Register of Entrepreneurs) of the National Court Register kept by the District Court in Wrocław, 6th Commercial Division of the National Court Register, under KRS number 0000278299, REGON: 140974200, NIP (tax ID): 8943068607;
2. where applicable, the contact details of the Data Protection Officer:
– email kancelaria@u-ska.pl
– postal address – Kancelaria Adwokacka Uszyński S.K.A., ul. Wł. Broniewskiego 48/127, 01-771 Warsaw, Poland;
3. the purposes of the processing for which the personal data are intended, as well as the legal basis for the processing:
– Article 6(1)(a) GDPR, i.e. on the basis of consent to the processing of personal data (e.g. acceptance of the Terms and Conditions),
– Article 6(1)(b) GDPR, i.e. where processing is necessary for the performance of a contract to which the data subject is party (e.g. contracts concluded with the website operator),
– Article 6(1)(c) GDPR, i.e. where processing is necessary for compliance with a legal obligation (e.g. obligations toward public authorities),
– Article 6(1)(e) GDPR, i.e. where processing is necessary for the performance of a task carried out in the public interest (e.g. information about the website operator’s statutory goals, fundraisers and appeals for help),
– Article 6(1)(f) GDPR, i.e. where processing is necessary for the purposes of the legitimate interests pursued by the controller;
4. the recipients or categories of recipients of the personal data, if any:
apart from the controller, personal data will be disclosed only to entities authorized to receive it under a sub-processing agreement (e.g. Fundacja Centaurus – Animality) and under applicable law;
5. the period for which the personal data will be stored or, if that is not possible, the criteria used to determine that period:
– processing under Article 6(1)(a) GDPR – until consent is withdrawn,
– processing under Article 6(1)(b) GDPR – for 6 years, or for a longer period based on the controller’s legitimate interest,
– processing under Article 6(1)(c) GDPR – for 50 years,
– processing under Article 6(1)(e) GDPR – for 5 years or until consent is withdrawn,
– processing under Article 6(1)(f) GDPR – for 5 years or until consent is withdrawn;
6. information about automated decision-making, including profiling:
data will be processed by automated means, including in the form of profiling.
Your rights as a User – what you can request
1. Users have the right to request from the website operator access to the personal data concerning them.
2. Users have the right to request from the website operator rectification of their personal data processed by the website operator.
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.
3. Users have the right to request from the website operator erasure of their personal data processed by the website operator.
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).
4. Users have the right to request from the website operator restriction of processing of their personal data processed by the website operator.
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 defense 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.
5. Users have the right to object to the processing of their personal data.
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 defense of legal claims.