PRIVACY POLICY
1. This Privacy Policy defines principles of gathering, processing and using
personal data obtained by website www.vive.pl (hereinafter referred as
“the Website”).
2. The Website is owned by VIVE TEXTILE RECYCLING SPÓŁKA
Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered seat in
Warsaw (02-220), ul. Łopuszańska 22, NIP (Tax ID. No.): 6570081033,
REGON (National Business Registry No.): 290508529, entered in the
Register of Entrepreneurs kept by the District Court for the Sąd
Rejonowy w Kielcach, X Commercial Division of the National Court
Register under the KRS number 0000089969, with share capital in the
amount of 2.888.000 PLN; e-mail: cs@vive.com.pl, hereinafter referred to
as VIVE TEXTILE RECYCLING Sp. z o.o. . VIVE TEXTILE RECYCLING Sp.
z o.o. is also the Personal Information Administrator.
3. Personal data collected by VIVE TEXTILE RECYCLING Sp. z o.o. via the
Online Store are processed in compliance 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 also referred
to as GDPR.
4. VIVE TEXTILE RECYCLING Sp. z o.o. acts with utmost care in order to
ensure privacy of Users who visit the Website.
Article 1 - Type of processed data, objectives and legal
ground
1. VIVE TEXTILE RECYCLING Sp. z o.o. collects information on natural
persons, who conduct business or professional activity and natural
persons representing legal entities and unincorporated organisational
units, to which legal capacity has been granted by law, which conduct
business or professional activity on own behalf, hereinafter referred to as
Customers.
2. Customer personal data are collected for:
a) registration of an account in the Online Store for the purpose of
establishment and management of an individual account. Legal
grounds: processing is necessary for the performance of a contract
on establishment and management of an Account service (article 6
sec. 1 letter b of GDPR);
b) placement of an order in the Online Store for the purpose of the
performance of a sales contract. Legal grounds: processing is
necessary for the performance of a sales contract (article 6 sec. 1
letter b of GDPR);
c) use of the contact form service for the purpose of the performance of
a contract executed by electronic means. Legal grounds: processing
is necessary for the performance of a contract on contact form
services (article 6 sec. 1 letter b of GDPR).
3. In case of a registration of an Account in the Website, a User shall provide
following data:
a) the company name;
b) Business Tax Number;
c) business e-mail address;
d) company address data:
a. postal code and place of residence;
b. street and house/flat number;
c. country.
e) name and surname;
f) business phone number.
4. During registration of an account in the Online Store, the Customer defines
an individual access password to their account. The Customer may change
an account later in compliance with principles defined in Article 5.
5. In the case of ordering in the Online Shop, Customer provides the following
information:
a) the company name;
b) e-mail;
c) address data:
a. postal code and place of residence;
b. country;
c. street and house/flat number.
d) name and surname;
e) phone number;
6. When using the contact form service, the Customer shall provide the
following data:
a) e-mail;
b) the company name;
c) name and surname;
d) telephone number (optional).
7. During the Website browsing additional information may be collected such
as IP address assigned to User's computer or external IP address of your
ISP's, domain name, browser type, time of access, the type of operating
system.
8. Also navigation data may be collected from the Customers, including
information on links and references they click or other activities
undertaken by them in our Online Store. Legal grounds- legitimate
interests (article 6 sec. 1 letter f of GDPR) in form of facilitation of use of
services rendered by electronic means and improvement of functionality
of such services.
9. To determine, exercise and enforce claims, come personal data provided
by the Customer when using functionalities of the Online Store may be
provided, such as: name, surname, information about use of services, if
claims result from the manner of user of services by the Customer, other
data necessary to prove existence of claim, including the volume of
suffered losses. Legal grounds- legitimate interests (article 6 sec. 1 letter
f of GDPR) in form of determination, exercising and enforcement of claims
and defence against claims in litigation and proceeding in front of other
public authorities.
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Personal data are provided to VIVE TEXTILE RECYCLING Sp. z o.o. on
voluntary basis in relation to concluded sales contracts or services
rendered via the Online Store Website, provided that, however, without
data specified in the data forms in the Registration process, Registration
and establishment of a Customer Account is not possible, and if orders are
placed without Registration of Customer Account, placement and
fulfilment of Customer order will be impossible.
Article 2 - To whom are data disclosed or provided and how
long are they stored?
1. Customer’s personal data are provided to providers of services used by
VIVE TEXTILE RECYCLING Sp. z o.o. when operating the Online Store
depending on contractual arrangements and circumstances, they are
either subject to VIVE TEXTILE RECYCLING Sp. z o.o.’s instructions about
manners and ways of data processing (processors) or they define purposes
and manners of processing on their own (data controllers).
a) Processors. VIVE TEXTILE RECYCLING Sp. z o.o. uses services of
providers processing data on VIVE TEXTILE RECYCLING Sp. z o.o.’s
request only. They include for instance hosting providers, accounting
services, providers of marketing systems, systems of traffic analysis in
the Online Store, systems for analysis of marketing campaign
efficiency;
b) Controllers. VIVE TEXTILE RECYCLING Sp. z o.o. uses services of
providers that do not act on request only, but they define the
objectives and manners of use of Customers’ personal data. They
render electronic payment and banking services.
2. Location. Providers of services have their registered offices mainly in
Poland and other countries of the European Economic Area (EEA).
3. Customers’ personal data are stored:
a) If Customer’s personal data are processed on the basis of a consent,
they shall be processed by VIVE TEXTILE RECYCLING Sp. z o.o. until
the consent is not cancelled, and after cancellation of the consent – for
a period of time corresponding to the period of limitation of claims
that may be raised by or against VIVE TEXTILE RECYCLING Sp. z o.o.. If
it is not provided otherwise in a specific provision, period of limitation
amounts to six years, and in case of claims concerning periodical
services or claims related to business activity – three years;
b) If personal data are processed on the basis of execution of the
contract, then the Customers’ personal data shall be processed by
VIVE TEXTILE RECYCLING Sp. z o.o. as long, as it is necessary for
execution of the contract, and afterwards – for a period of time
corresponding to the period of limitation of claims. If it is not provided
otherwise in a specific provision, period of limitation amounts to six
years, and in case of claims concerning periodical services or claims
related to business activity – three years.
4. In case of purchase in the Online Shop personal data may be transferred,
depending on customer choice, to the following entities in order to deliver
the ordered goods:
a) a courier company;
b) forwarding company;
c) shipowner's company.
5. If the Customer selects payment via the tpay.com system, his/her personal
data are transferred in the scope necessary for execution of the payment
to Krajowy Integrator Płatności S.A. with its registered office in Poznań
(Poland, 61-808 Poznań, ul. Św. Marcin 73/6) entered into the Register of
Entrepreneurs kept by the District Court of Poznań - Nowe Miasto and
Wilda in Poznań, 9th Commercial Division of the National Court Register
under the KRS no.: 0000412357.
6. Navigational Data may be used to provide better services for Users,
perform analyses of statistical data and adjust the Website to Users’
preferences and to administer with the Website.
7. In case of a respective request, VIVE TEXTILE RECYCLING Sp. z o.o.
discloses personal data to authorised state authorities, in particular to
organisational units of the prosecutor’s office, the Police, the Chairperson
of the Personal Data Protection Office, the Chairperson of the Office of
Competition and Consumer Protection or the Chairperson of the Office of
Electronic Communications.
Article 3 - Cookies mechanism, IP address
1. The Website uses small files called cookies. They are recorded by VIVE
TEXTILE RECYCLING Sp. z o.o. Website on a computer of a visitor to the
Website, if a web browser allows so. Cookie file usually contains a name of
domain, where it comes from, its expiry time and an individual random
number that identifies such file. Information collected by means of such
type of files allow to adjust services offered by VIVE TEXTILE RECYCLING
Sp. z o.o. to individual preferences and actual needs of visitors at the
Website. It gives also an opportunity to work out general statistics of hits
into information presented at the Website.
2. VIVE TEXTILE RECYCLING Sp. z o.o. uses two types of cookie files:
a) Session cookie: recorded information is deleted from memory of
a device after an end of a session of a given web browser or after
a computer is turned off. Session cookie mechanism does not allow for
collection of any personal data and other confidential information from
User’s computer.
b) Persistent cookie: they are kept on User’s hard disk drive until they
are deleted. Persistent cookie mechanism does not allow to collect any
personal information or any confidential information from users
computer.
3. VIVE TEXTILE RECYCLING Sp. z o.o. uses its own cookies for:
a) authentication in the Website and to ensure the User session in the
Website (after logging in), through which the user does not have on
every page to retype your login and password;
b) analyzes and surveys and audits audience, and in particular to create
anonymous statistics that help to understand how customers use the
Website, which allows improvement of its structure and content.
4. VIVE TEXTILE RECYCLING Sp. z o.o. uses external cookies to:
a) to present the Certificate Trusted Regulations through the Service
rzetelnyregulamin.pl (external cookies administrator Rzetelna Grupa
Sp. z o.o. with its registered office Warsaw, Poland).
5. The cookie mechanism is safe for computers of the Website’s Users. In
particular this way does not give a possibility for viruses or other
unwanted or malicious software to enter your computers. Still, Users have
an option in their web browsers to limit or switch off the access of cookie
files to their computers. If you use this option, you may still use the
Website except functions that due to their nature require cookies.
6. Below you can find how to change the settings for web browsers on the
use of cookies:
a) Internet Explorer;
b) Microsoft EDGE;
c) Mozilla Firefox;
d) Chrome;
e) Safari;
f) Opera.
7. VIVE TEXTILE RECYCLING Sp. z o.o. may collect your IP address. IP address
is a number assigned to the computer of a website visitor by your ISP. IP
number allows you to access the Internet. In most cases, the computer is
assigned dynamically, ie it changes every time you connect to the Internet
and therefore is widely regarded as a non-personally identifying
information. The IP address is used by VIVE TEXTILE RECYCLING Sp. z o.o.
in diagnosing technical problems with the server, creating a statistical
analysis (eg determining regions from which we note the most visits), as
information useful in administering and improving the Website, as well as
for security purposes and the possible identification of aggravating server
unwanted automatic programs for viewing Website content.
8. The Website contains links and hyperlinks to other web pages. VIVE
TEXTILE RECYCLING Sp. z o.o. shall not be responsible for privacy policies
in force therein.
Article 4 - Rights of data subjects
1. The right to withdraw consent – legal ground: article 7 sec. 3 of GDPR.
a) The Customer has a right to withdraw consent granted to VIVE
TEXTILE RECYCLING Sp. z o.o..
b) Withdrawal of consent shall be effective as the time of withdrawal.
c) Withdrawal of consent shall not affect the lawfulness of processing
before its withdrawal.
d) Withdrawal of consent shall not entail any negative consequences for
the Customer, but may prevent them from further use of services of
functionalities, which may be lawfully provided by VIVE TEXTILE
RECYCLING Sp. z o.o. only upon consent of the Customer.
2. Right to object to personal data processing - legal ground: article 21 of
GDPR.
a) The Customer shall have the right to object, on grounds relating to
their particular situation, at any time to processing of personal data
concerning them, including profiling, if VIVE TEXTILE RECYCLING Sp.
z o.o. processes their data on the basis of a legitimate interest, such
e.g. marketing of VIVE TEXTILE RECYCLING Sp. z o.o.’s products and
services, statistic concerning use of individual functionalities of the
Online Store and facilitation of use of the Online Store, and Customer
satisfaction surveys;
b) An e-mail resignation from marketing communications on products or
services will mean the Customer’s objection to processing of their
personal data, including profiling for those purposes;
c) If the Customer’s objection is reasonable and VIVE TEXTILE RECYCLING
Sp. z o.o. has no other legal grounds to process personal data, the
Customer’s personal data, whose processing has been objected by the
Customer, will be deleted.
3. Right to erasure (“right to be forgotten” ) - legal ground: article 17 of
GDPR.
a) The Customer has the right to demand erasure of all or some personal
data;
b) The Customer has the right to demand the erasure of some personal
data, if:
a. the personal data are no longer necessary in relation to the
purposes for which they were collected or processed;
b. the Customer has withdrawn consent in the scope in which
personal data have been processed on the basis of their consent;
c. the Customer has objected to use of their data for marketing
purposes;
d. the personal data are unlawfully processed;
e. the personal data have to be erased for compliance with a legal
obligation in Union or Member State law to which VIVE TEXTILE
RECYCLING Sp. z o.o. is subject;
f. the personal data have been collected in relation to the offer of
information society services.
c) Despite of demand of erasure of personal data in relation to an
objection or withdrawal of consent, VIVE TEXTILE RECYCLING Sp. z o.o.
may retain some full personal data in the scope, in which processing is
necessary for determination, claiming or defence against claims, and
for fulfilment of the legal obligation requiring data processing under
the legislation of the European Union or a Member State to which VIVE
TEXTILE RECYCLING Sp. z o.o. is subject. It refers in particular to:
name, surname, e-mail address, which are retained for the purpose of
examination of complaints and claims related to use of VIVE TEXTILE
RECYCLING Sp. z o.o. services, or additionally an address of residence/
correspondences, order number, which are retained for the purpose of
examination of complaints and claims related to concluded sales
agreements or service agreements.
4. Right to restriction of processing- legal ground: article 18 of GDPR.
a) The Customer shall have the right to obtain from the controller
restriction of their personal data processing. Submission of such
demand, until its examination, prevents the use of specified
functionalities or services, the use of which would be related with
processing of personal data subject to such demand. Moreover, VIVE
TEXTILE RECYCLING Sp. z o.o. will not send any message, including
marketing communications.
b) The Customer shall have the right to demand restriction of their
personal data processing in the following cases:
a. When they contest the acccuracy of their personal data; then VIVE
TEXTILE RECYCLING Sp. z o.o. shall restrict their use for a period
enabling verification of the accuracy of the personal data, but no
longer than for 7 days;
b. When data processing is unlawful and the Customer demands
restriction of their use instead of their erasure;
c. When personal data are no longer necessary for the purposes of
their collection or use, but they are needed by the Customer in
order to determine, exercise or defend claims;
d. When the Customer objected to proceeding of their data- then the
restriction is introduced for a period necessary to consider
whether, due to exceptional circumstances – protection of the
Customer’s interests, rights and freedoms prevails over the
interests, which are exercise by the Controller when proceeding
Customer’s personal data.
5. Right of access to data - legal ground: article 15 of GDPR.
a) The Customer shall have the right to obtain a confirmation from the
Controller, whether or not it processes personal data, and if yes, the
Customer shall have the right to:
a. obtain access to their personal data;
b. obtain information on the purposes of the processing, the
categories of processes personal data, the recipients or categories
of recipients of such data, the envisaged period for which the
personal data will be stored or the criteria used to determine that
period (if determination of the planned period of data processing
is not possible), on Customer’s rights under the GDPR and the
right to lodge a complaint with a supervisory authority, on the
source of such data, automated decision-making, including
profiling and security devices applied due to the transfer of such
data outside the European Union;
c. obtain copies of their personal data.
6. Right to rectification - legal ground: article 16 of GDPR
a) The Customer shall have the right to obtain from the Controller
without undue delay the rectification of inaccurate personal data
concerning the Customer. Taking into account the purposes of the
processing, the Customer shall have the right to have incomplete
personal data completed, including by means of providing
a supplementary statement, sending the respective request to the email
address in compliance with of the Privacy Policy.
7. Right to data portability- legal ground: article 20 of GDPR.
a) The Customer shall have the right to obtain their personal data, which
were provided to the Controller, and then to send them to another
data controller selected by the Customer. The Customer shall have the
right to demand that such personal data are sent directly by us to
another data controller, if this is technically feasible. In such case the
Controller shall sent the Customer’s personal data in a csv file, which
is a commonly used machine-readable format, allowing transfer of
processed data to another data controller.
8. If the Customer wishes to exercise any of the foregoing rights, VIVE
TEXTILE RECYCLING Sp. z o.o. fulfils a request or refuses to fulfil it
promptly, but no later than within a month of its receipt. If, however, due
to a complex nature of a demand or a number of demands VIVE TEXTILE
RECYCLING Sp. z o.o. is not able to fulfil demand within one month, it shall
fulfil it during the following two month, notifying the Customer earlier
within a month from receipt of the demand on the intended prolongation
of the period and about own activities.
9. The Customer may file complaints, questions or requests concerning
processing of their personal data and execution of this rights.
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The Customer has the right to demand that VIVE TEXTILE RECYCLING Sp.
z o.o. provides copies of standard contractual clauses, sending a request
in the was define in of the Privacy Policy.
11 The Customer shall have the right to file a complaint to the Chairperson of
. the Office of Personal Data Protection in respect to violation of their rights
for personal data processing or other rights granted under the GDPR.
Article 5 - Security management – the password
1. VIVE TEXTILE RECYCLING Sp. z o.o. ensures safe and encrypted connection
to the Customers during transfer of personal data and logging to the
Customer Account on the Portal. VIVE TEXTILE RECYCLING Sp. z o.o. uses
SSL certificate issued by one of the world leaders in respect to security
and encryption of data sent via the Internet.
2. In any case of loss of the password to the Customer’s account in the
Online Shop, generating a new password shall be available. The VIVE
TEXTILE RECYCLING Sp. z o.o. shall not send any password reminder. The
Customer’s encrypted password is stored in database in non-readable
form. In order to generate a new password, e-mail address shall be
entered to the form available at „Forget your password?”, given in log-in
form in the Online Shop. VIVE TEXTILE RECYCLING Sp. z o.o. will be sent an
e-mail with a unique redirecting to the Online Shop, after selecting the
user will be able to choose a new password.
3. VIVE TEXTILE RECYCLING Sp. z o.o. shall never ask the Customer to
provide him with access to the login or password in any form.
Article 6 - Amendments to the Privacy Policy
1. Privacy Policy may change as VIVE TEXTILE RECYCLING Sp. z o.o. inform
users in advance of 7 days.
2. Inquiries related to the Privacy Policy should be sent to our Data Security
Inspector at: ochrona.danych@vive.com.pl.
3. Date of the last amendment: 24.09.2020.