Privacy policy
### GENERAL PROVISIONS
1. **General Provisions**
1.1. This privacy policy of the Online Store is informational, which means it does not constitute a source of obligations for the Service Recipients or Customers of the Online Store. The privacy policy primarily outlines the principles regarding the processing of personal data by the Administrator in the Online Store, including the bases, purposes, and duration of personal data processing and the rights of the individuals whose data are processed, as well as information on the use of Cookies and analytical tools in the Online Store.
1.2. The administrator of personal data collected via the Online Store is GUZOWSKI SIMULATOR GOLF SPÓŁKA KOMANDYTOWA based in Gdańsk (registered office address: ul. Topolowa 8/9/2, 80-255 Gdańsk and delivery address: al. Grunwaldzka 82; 80-244 Gdańsk - GCH Manhattan / Simulator Golf, 1st floor); entered into the Register of Entrepreneurs of the National Court Register under the number KRS 0000951362; the registry court where the company's documentation is kept: District Court Gdańsk - Północ in Gdańsk, VII Commercial Division of the National Court Register; NIP: 9571141170; REGON: 521179493, email address: biuro@simulatorgolf.pl and contact phone number: +48 789-178-796 – hereinafter referred to as the "Administrator" and also being the Service Provider of the Online Store and the Seller.
1.3. Personal data in the Online Store is processed by the Administrator in accordance with applicable law, in particular with the Regulation of the European Parliament and of the Council (EU) 2016/679 of April 27, 2016, on the protection of individuals 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/EN/TXT/?uri=CELEX%3A32016R0679
1.4. Using the Online Store, including making purchases, is voluntary. Similarly, providing personal data by the Service Recipient or Customer using the Online Store is voluntary, with two exceptions: (1) entering into agreements with the Administrator – failure to provide in the cases and to the extent indicated on the Online Store website and in the Online Store Regulations and this privacy policy the personal data necessary to conclude and perform the Sales Agreement or an agreement for the provision of Electronic Services with the Administrator results in the inability to conclude such an agreement. Providing personal data is in this case a contractual requirement, and if the person to whom the data relates wishes to enter into a given agreement with the Administrator, they are obliged to provide the required data. Each time the scope of data required to conclude an agreement is indicated on the Online Store website and in the Online Store Regulations; (2) statutory 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 books or accounting) and the failure to provide them will prevent the Administrator from fulfilling these obligations.
1.5. The Administrator exercises special care to protect the interests of persons whose personal data are processed, and in particular is responsible and ensures that the data collected by them are: (1) processed lawfully; (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 persons to whom they relate, no longer than it is necessary to achieve the purpose of processing; and (5) processed in a manner ensuring appropriate security of personal data, including protection against unauthorized or unlawful processing and accidental loss, destruction, or damage, using appropriate technical or organizational measures.
1.6. Taking into account the nature, scope, context, and purposes of processing and the risk of varying likelihood and severity of rights and freedoms of natural persons, 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 it. These measures are reviewed and updated as necessary. The Administrator uses technical measures to prevent unauthorized persons from acquiring and modifying personal data sent electronically.
1.7. All words, expressions, and acronyms appearing in this privacy policy and beginning with a capital letter (e.g., Seller, Online Store, Electronic Service) should be understood in accordance with their definition contained in the Online Store Regulations available on the Online Store's website.
2. **BASES FOR DATA PROCESSING**
2.1. The Administrator is entitled to process personal data in cases where – and to the extent that – at least one of the following conditions is met: (1) the data subject has given consent 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 data subject is a party or to take steps at the request of the data subject prior to entering into a contract; (3) processing is necessary for compliance with a legal obligation to which the Administrator is subject; 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 which require the protection of personal data, in particular where the data subject is a child.
2.2. The processing of personal data by the Administrator each time requires at least one of the bases indicated in point 2.1 of the privacy policy. The specific bases for the processing of personal data of the Service Recipients and Customers of the Online Store 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.
3. **PURPOSE, BASIS, AND PERIOD OF DATA PROCESSING IN THE ONLINE STORE**
3.1. Each time, the purpose, basis, and period, as well as the recipients of personal data processed by the Administrator, result from the actions taken by the specific Service Recipient or Customer in the Online Store or by the Administrator. For example, if a Customer decides to make a purchase in the Online Store and chooses personal collection of the purchased Product instead of courier delivery, their personal data will be processed to perform the concluded Sales Agreement, but will not be shared with the carrier executing shipments on behalf of the Administrator.
3.2. The Administrator may process personal data within the Online Store for the following purposes, on the following bases, and for the periods indicated in the table below:
| Purpose of Data Processing | Legal Basis for Data Processing | Data Storage Period |
|-----------------------------|---------------------------------|---------------------|
| Execution of the Sales Agreement or contract for the provision of Electronic Services, or taking action at the request of the data subject before concluding the above-mentioned agreements | Article 6(1)(b) of the GDPR Regulation (performance of a contract) – processing is necessary for the performance of a contract to which the data subject is a party or to take steps at the request of the data subject before entering into a contract | Data are stored for the period necessary to perform, terminate, or otherwise expire the concluded Sales Agreement or contract for the provision of Electronic Services. |
| Direct marketing | Article 6(1)(f) of the GDPR Regulation (legitimate interest of the Administrator) – processing is necessary for the purposes of the legitimate interests pursued by the Administrator – consisting of caring for the interests and good image of the Administrator, its Online Store, and striving to sell Products | Data are stored for the duration of the legitimate interest pursued by the Administrator, but no longer than the period of limitation of the Administrator’s claims against the data subject due to the business activity conducted by the Administrator. The limitation period is determined by legal provisions, in particular the Civil Code (the basic limitation period for claims related to business activity is three years, and for the Sales Agreement two years). The Administrator may not process data for direct marketing purposes if the data subject effectively objects to it. |
| Marketing | Article 6(1)(a) of the GDPR Regulation (consent) – the data subject has given consent to the processing of their personal data for marketing purposes by the Administrator | Data are stored until the data subject withdraws their consent to further processing of their data for this purpose. |
| Expressing an opinion about the concluded Sales Agreement | Article 6(1)(a) of the GDPR Regulation – the data subject has given consent to the processing of their personal data for the purpose of expressing an opinion | Data are stored until the data subject withdraws their consent to further processing of their data for this purpose. |
| Keeping accounting books | Article 6(1)(c) of the GDPR Regulation in connection with Article 74(2) of the Accounting Act of January 30, 2018 (Journal of Laws of 2018, item 395, as amended) – processing is necessary for compliance with a legal obligation to which the Administrator is subject | Data are stored for the period required by legal provisions obliging the Administrator to keep accounting books (5 years, counting from the beginning of the year following the financial year to which the data relate). |
| Establishing, investigating, or defending claims that the Administrator may raise or that may be raised against the Administrator | Article 6(1)(f) of the GDPR Regulation (legitimate interest of the Administrator) – processing is necessary for the purposes of the legitimate interests pursued by the Administrator – consisting of establishing, investigating, or defending claims that the Administrator may raise or that may be
raised against the Administrator | Data are stored for the duration of the legitimate interest pursued by the Administrator, but no longer than the period of limitation of claims that may be raised against the Administrator (the basic limitation period for claims against the Administrator is six years). |
| Using the Online Store website and ensuring its proper functioning | Article 6(1)(f) of the GDPR Regulation (legitimate interest of the Administrator) – processing is necessary for the purposes of the legitimate interests pursued by the Administrator – consisting of running and maintaining the Online Store website | Data are stored for the duration of the legitimate interest pursued by the Administrator, but no longer than the period of limitation of the Administrator’s claims against the data subject due to the business activity conducted by the Administrator. The limitation period is determined by legal provisions, in particular the Civil Code (the basic limitation period for claims related to business activity is three years, and for the Sales Agreement two years). |
| Conducting statistics and analyzing traffic in the Online Store | Article 6(1)(f) of the GDPR Regulation (legitimate interest of the Administrator) – processing is necessary for the purposes of the legitimate interests pursued by the Administrator – consisting of conducting statistics and analyzing traffic in the Online Store to improve the functioning of the Online Store and increase the sale of Products | Data are stored for the duration of the legitimate interest pursued by the Administrator, but no longer than the period of limitation of the Administrator’s claims against the data subject due to the business activity conducted by the Administrator. The limitation period is determined by legal provisions, in particular the Civil Code (the basic limitation period for claims related to business activity is three years, and for the Sales Agreement two years). |
4. **RECIPIENTS OF DATA IN THE ONLINE STORE**
4.1. For the proper functioning of the Online Store, including the execution of Sales Agreements, it is necessary for the Administrator to use the services of external entities (such as software provider, courier, or payment processing entity). 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 data subjects.
4.2. Personal data may be transferred by the Administrator to a third country, provided that the Administrator ensures that in such a case the transfer will take place to a country ensuring an adequate level of protection in accordance with the GDPR Regulation, and in the case of other countries, that the transfer will take place based on standard data protection clauses. The Administrator ensures that the data subject has the possibility to obtain a copy of their data. The Administrator transfers collected personal data only in the case and to the extent necessary to achieve the given purpose of data processing in accordance with this privacy policy.
4.3. The transfer of data by the Administrator does not occur in every case and not to all recipients or categories of recipients indicated in the privacy policy – the Administrator transfers data only when it is necessary to achieve the given purpose of processing personal data and only to the extent necessary to achieve it. For example, if a Customer uses personal collection, their data will not be transferred to the carrier cooperating with the Administrator.
4.4. Personal data of Service Recipients and Customers of the Online Store may be transferred to the following recipients or categories of recipients:
- Carriers / forwarders / courier brokers / entities handling the warehouse and/or shipping process – in the case of a Customer who uses the delivery method of the Product by postal or courier shipment in the Online Store, the Administrator provides the collected personal data of the Customer to the selected carrier, forwarder, or intermediary performing the shipments on behalf of the Administrator, and if the shipment is made from an external warehouse – to the entity handling the warehouse and/or shipping process – to the extent necessary to deliver the Product to the Customer.
- Entities handling electronic payments or payment card – in the case of a Customer who uses the electronic payment or payment card method in the Online Store, the Administrator provides the collected personal data of the Customer to the selected entity handling the above payments in the Online Store on behalf of the Administrator to the extent necessary to handle the payment made by the Customer.
- Service providers supplying the Administrator with technical, IT, and organizational solutions enabling the Administrator to conduct business activity, including the Online Store and Electronic Services provided through it (in particular, software providers for running the Online Store, email and hosting providers, and software providers for managing the company and providing technical support to the Administrator) – the Administrator provides the collected personal data of the Customer to the selected provider acting on their behalf only in the case and to the extent necessary to achieve the given 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 provides the collected personal data of the Customer to the selected provider acting on their behalf only in the case and to the extent necessary to achieve the given purpose of data processing in accordance with this privacy policy.
5. **PROFILING IN THE ONLINE STORE**
5.1. The GDPR Regulation imposes an obligation on the Administrator to inform about automated decision-making, including profiling, referred to in Article 22(1) and (4) of the GDPR Regulation, and – at least in such cases – meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject. Taking this into account, the Administrator provides information in this point of the privacy policy regarding possible profiling.
5.2. The Administrator may use profiling in the Online Store for direct marketing purposes, but decisions made based on it by the Administrator do not concern the conclusion or refusal to conclude a Sales Agreement or the possibility of using Electronic Services in the Online Store. The result of using profiling in the Online Store may be, for example, granting a discount to a given person, sending them a discount code, reminding them of unfinished purchases, sending a Product proposal that may correspond to their interests or preferences, or offering better conditions compared to the standard offer of the Online Store. Despite profiling, the person makes the decision freely whether they want to take advantage of the discount received in this way or better conditions and make a purchase in the Online Store.
5.3. Profiling in the Online Store involves the automatic analysis or forecast of a given person's behavior on the Online Store's website, e.g., by adding a specific Product to the cart, browsing a specific Product page in the Online Store, or through the analysis of the history of previous purchases in the Online Store. The condition for such profiling is that the Administrator has the personal data of a given person to be able to send them, for example, a discount code.
5.4. The data subject has the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning them or similarly significantly affects them.
6. **RIGHTS OF THE DATA SUBJECT**
6.1. Right of access, rectification, restriction, deletion, or portability – the data subject has the right to request from the Administrator access to their personal data, its rectification, deletion (“right to be forgotten”) or restriction of processing, and has the right to object to processing, as well as the right to data portability. Detailed conditions for exercising the indicated rights are specified in Articles 15-21 of the GDPR Regulation.
6.2. Right to withdraw consent at any time – a person whose data is processed by the Administrator based on expressed consent (under Article 6(1)(a) or Article 9(2)(a) of the GDPR Regulation), has the right to withdraw consent at any time without affecting the lawfulness of processing based on consent before its withdrawal.
6.3. Right to lodge a complaint with a supervisory authority – a person whose data is processed by the Administrator has the right to lodge a complaint with a supervisory authority in the manner and mode specified in the GDPR Regulation and Polish law, in particular the Act on the Protection of Personal Data. The supervisory authority in Poland is the President of the Office for Personal Data Protection.
6.4. Right to object – the data subject has the right to object at any time – on grounds relating to their particular situation – to the processing of their personal data based on Article 6(1)(e) (public interest or tasks) or (f) (legitimate interest of the Administrator), including profiling based on these provisions. In such a case, the Administrator is no longer allowed to process these personal data unless they demonstrate 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.
6.5. Right to object to direct marketing – if personal data is processed for direct marketing purposes, the data subject has the right to object at any time to the processing of their personal data for such marketing, including profiling, to the extent that it is related to such direct marketing.
6.6. To exercise the rights referred to in this point of the privacy policy, you can contact the Administrator by sending an appropriate message in writing or by email to the Administrator's address indicated at the beginning of the privacy policy or using the contact form available on the Online Store's website.
7. **COOKIES IN THE ONLINE STORE AND ANALYTICS**
7.1. Cookies are small text information in the form of text files sent by a server and saved on the side of the person visiting the Online Store's 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 Online Store). Detailed information on Cookies and their history can be found, among others, here: https://en.wikipedia.org/wiki/HTTP_cookie.
7.2. Cookies that may be sent by the Online Store's website can be divided into various types according to the following criteria:
- By their provider:
1) Own (created by the Administrator's Online Store website) and
2) Third-party (belonging to entities/third parties other than the Administrator)
- By their storage period on the device of the person visiting the Online Store's website:
1) Session (stored until logging out of the Online Store or turning off the web browser) and
2) Permanent (stored for a specified time defined by the parameters of each file or until manually deleted)
- By the purpose of their use:
1) Necessary (enabling the proper functioning of the Online Store website),
2) Functional/preferential (enabling the customization of the Online Store website to the preferences of the person visiting the website),
3) Analytical and performance (collecting information about how the Online Store website is used),
4) Marketing, advertising, and social (collecting information about the person visiting the Online Store website to display advertisements to them, personalize them, measure effectiveness, and conduct other marketing activities, including on websites separate from the Online Store's website, such as social networks or other websites belonging to the same advertising networks as the Online Store)
7.3. The Administrator may process data contained in Cookies when visitors use the Online Store's website for the following specific purposes:
| Purpose of using Cookies in the Online Store of the Administrator |
|-----------------------------------------------------------|
| Identifying Service Recipients as logged in to the Online Store and showing that they are logged in (necessary Cookies) |
| Remembering Products added to the cart to place an Order (necessary Cookies) |
| Remembering data from completed Order Forms, surveys, or login data to the Online Store (necessary and/or functional/preferential Cookies) |
| Customizing the content of the Online Store's website to the individual preferences of the Service Recipient (e.g., regarding colors, font size, page layout) and optimizing the use of the Online Store's pages (functional/preferential Cookies) |
| Conducting anonymous statistics presenting how the Online Store's website is used (analytical and performance Cookies) |
| Displaying and rendering ads, limiting the number of ad displays, and ignoring ads that the Service Recipient does not want to see, measuring the effectiveness of ads, as well as personalizing ads, i.e., examining the characteristics of the behavior of people visiting the Online Store through anonymous analysis of their actions (e.g., recurring visits to specific pages, keywords, etc.) to create their profile and provide them with ads tailored to their predicted interests, also when they visit other websites in the advertising network of Google Ireland Ltd. and Facebook, i.e., Meta Platforms Ireland Ltd. (marketing, advertising, and social Cookies) |
7.4. Checking in the most popular web browsers which Cookies (including the functioning period of Cookies and their provider) are currently sent by the Online Store's website is possible in the following way:
- In Chrome browser:
1. Click the padlock icon on the left side of the address bar,
2. Go to the "Cookies" tab.
- In Firefox browser:
1. Click the shield icon on the left side of the address bar,
2. Go to the "Allowed" or "Blocked" tab,
3. Click the "Cross-site tracking cookies", "Social media trackers", or "Content with tracking elements" field.
- In Internet Explorer browser:
1. Click the "Tools" menu,
2. Go to the "Internet options" tab,
3. Go to the "General" tab,
4. Go to the "Settings" tab,
5. Click the "View files" field.
- In Opera browser:
1. Click the padlock icon on the left side of the address bar,
2. Go to the "Cookies" tab.
- In Safari browser:
1. Click the "Preferences" menu,
2. Go to the "Privacy" tab,
3. Click the "Manage website data" field.
Regardless of the browser, using tools available on websites such as: https://www.cookiemetrix.com/ or: https://www.cookie-checker.com/
7.5. By default, most web browsers available on the market accept the saving of Cookies. Everyone has the option to define the conditions for using Cookies through their web browser settings. This means that you can, for example, partially limit (e.g., temporarily) or completely disable the possibility of saving Cookies – in the latter case, however, this may affect some functionalities of the Online Store (for example, it may be impossible to follow the Order path through the Order Form due to not remembering the Products in the cart during subsequent steps of placing the Order).
7.6. Web browser settings for Cookies are important from the perspective of consent to use Cookies by our Online Store – in accordance with the regulations, such consent can also be expressed through the settings of the web browser. Detailed information on changing Cookie settings and their independent deletion in the most popular web browsers are available in the help section of the web browser and on the following pages (just click the appropriate link):
- In Chrome browser
- In Firefox browser
- In Internet Explorer browser
- In Opera browser
- In Safari browser
- In Microsoft Edge browser
7.7. The Administrator may use Google Analytics and Universal Analytics services provided by Google Ireland Limited (Gordon House, Barrow Street, Dublin 4, Ireland). These services help the Administrator conduct statistics and analyze traffic in the Online Store. The collected data are processed as part of the above services to generate statistics helpful in administering the Online Store and analyzing traffic in the Online Store. These data have a collective nature. Using the above services in the Online Store, the Administrator collects such data as sources and medium of acquiring people visiting the Online Store and how they behave on the Online Store's website, information about devices and browsers from which they visit the website, IP and domain, geographical data, and demographic data (age, gender) and interests.
7.8. It is possible for a person to easily block sharing information about their activity on the Online Store's website with Google Analytics – for this purpose, you can install a browser add-on provided by Google Ireland Ltd. available here: https://tools.google.com/dlpage/gaoptout?hl=en.
7.9. In connection with the possibility of the Administrator using advertising and analytical services provided by Google Ireland Ltd. in the Online Store, the Administrator indicates that full information about the rules for processing data of people visiting the Online Store (including information saved in Cookies) by Google Ireland Ltd. is available in the privacy policy of Google services available at: https://policies.google.com/technologies/partner-sites.
8. **FINAL PROVISIONS**
The Online Store may contain links to other websites. The Administrator encourages you to read the privacy policy set out there after switching to other websites. This privacy policy applies only to the Administrator's Online Store.