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Privacy Policy for darkbyrior.com

PRIVACY POLICY

website darkbyrior.com

 

I. TERMINOLOGY

1.1.      For a more accurate understanding of the terms of this privacy policy, the following terms are used in it:

1.1.1.   Privacy Policy – ​​This document (Privacy Policy).

1.1.2.   Website - a web page hosted by the darkbyrior.com link, including all subdomains (subfolders), owned by the Website Administration.

1.1.3.   Website Administration – "DARK BY RIOR" SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ (kraj POLSKA, woj. MAZOWIECKIE, WARSZAWA, ul. GOLESZOWSKA, nr 3, lok. ---, code 01-249, NIP: 5273103291, KRS: 0001093048, REGON: 52805532800000) – a legal entity registered in accordance with the current legislation of the Republic of Poland and/or persons authorized by it to manage the Website. According to the text of the Privacy Policy, a reference to the Website Administration means a simultaneous reference to authorized persons of the Website Administration.

1.1.4.   The User is a natural person who has full civil legal and legal capacity and who uses the Website.

1.1.5.   GDPR – Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, as well as on the repeal of Directive 95/46/EC (link: https://eur -lex.europa.eu/eli/reg/2016/679/oj).

1.1.6.   Personal data - any information relating to a natural person (the User) who is identified or can be identified; an identifiable natural person is one who can be identified, directly or indirectly, in particular by an identifier such as a name, an identification number, location data, an online identifier, or by one or more factors that determine physical, physiological, genetic, mental, economic, cultural or social essence of such a natural person (clause 1, article 4 GDPR).

1.2.      Exclusively the Administration of the Website, in addition to the court, has the right to interpret the Privacy Policy, as well as the terms used in it.

 

ІІ. GENERAL PROVISIONS

2.1.      The Administration of the Website and its authorized representatives respect the privacy of the Users of the Website and undertake to protect it using the methods of ensuring privacy as described in this Policy.

2.2.      This Privacy Policy specifies which Personal Data the Website Administration collects and how it is processed. The legal force of this Privacy Policy applies to Personal Data that the Website Administration collects through the Website in offline and online modes.

2.3.      The User is obliged to carefully familiarize himself with each clause of this Privacy Policy and, in case of disagreement with any clause, immediately stop using the Website.

 

ІІІ. COLLECTION OF PERSONAL DATA

3.1.      By using the Website, the User may provide the Website Administration with the following amount of information:

3.1.1. data that the User provides by filling out forms on the Website (in particular, but not exclusively, "Comment to the order"). This includes Personal Data and contact information provided during registration, placing an order for a product/service, communicating with representatives of the Website Administration or other information that the User communicates to the Website Administration, including:

3.1.1.1. surname, first name and patronymic (if available);

3.1.1.2. location (country, city);

3.1.1.3. address of residence/stay;

3.1.1.4. phone number;

3.1.1.5. e-mail address (email);

3.1.1.6. IP address.

3.1.2.   information about the order, filling of the basket, purchases and other activities of the User on the Website;

3.1.3.   searches on the Website.

3.1.4.   other Personal data that the User provides to the Website Administration;

3.2.      If the User decides to provide information to the Administration of the Website outside the Website (for example, through the page of Instagram, Telegram, Viber, WhatsApp, etc.), then such information is transmitted by the User at his own risk and in accordance with the terms of the privacy policy of these platforms. The Website Administration is not authorized to set rules regarding Personal Data on such platforms.

3.3.      If the User has provided the Website Administration with Personal Data of third parties, it is assumed that the User has previously received consent to the processing of Personal Data from such a third party. If it turns out that the User did not receive consent for the processing of the Personal Data of such a third party, the User bears all responsibility for such actions and must independently settle all possible disputes.

3.4.      The user consents to the recording and storage of his conversation with the Website Administration for the purpose of improving the quality of service, goods and services.

3.5.      The Website is not intended for persons under the age of 18 and the Website Administration does not knowingly collect Personal Data from such persons. The User under the age of 18 undertakes not to use the Website and not to provide any information to the Website Administration, not to make any purchases, not to use any functions of the Website or to provide any Personal Data. If the Website Administration becomes aware that Personal Data has been collected or obtained from a child under the age of 13 without confirmation of parental consent, the Website Administration will delete this information. If the User becomes aware that his child under the age of 13 has reported his Personal Data to the Website Administration, then such User is obliged to immediately contact the Data Protection Officer (DPO) by e-mail: admin@darkbyrior.com and provide the details, according to which the Website Administration will be able to identify such a child and delete information about him.

 

IV. PERSONAL DATA PROCESSING

4.1.      The User gives the Website Administration consent to the processing of his Personal Data, in turn, the Website Administration collects Personal Data of Users in the amount necessary for providing services/selling goods, improving the quality of service, marketing and statistical purposes.

4.2.      The Administration of the Website acts as the administrator of Personal data of Users and third parties, whose data were reported by Users.

4.3.      Personal data of Users/third parties and information collected using cookies or other similar technologies are processed by the Website Administration:

4.3.1.   for the provision of services/sale of goods (organization of its delivery) - in accordance with point "b" of part 1 of Art. 6 of the GDPR in order to obtain the necessary data for the User Agreement posted on the Website, the organization of the delivery of goods or another transaction for the fulfillment of the User's order;

4.3.2.   for analytical and statistical purposes - in accordance with clause "f" of part 1 of Art. 6 GDPR for the purpose of analyzing the actions of Users, as well as their preferences to improve the functionality of the Website, services or goods;

4.3.3.   to carry out claim-claim work or defense against claims - in accordance with clause "f" of part 1 of Art. 6 GDPR in order to protect the rights of the Website Administration;

4.3.4.   for marketing purposes - in accordance with clause "f" of part 1 of Article 6 GDPR for the purpose of forming, sending, publishing marketing content.

4.4.      The Website Administration processes Personal Data of Users who visit the Website Administration profiles in social networks or messengers (TikTok, Instagram, WhatsApp, Telegram, Viber). This data is processed exclusively in connection with maintaining a profile, including to inform Users about the activities of the Website Administration and to promote various events, services and products. The legal basis for the processing of personal data by the Website Administration for this purpose is its legitimate interest, which consists in promoting its own brand (in accordance with Clause "f" Part 1 of Article 6 of the GDPR).

4.5.      The User's activity on the Website and Personal Data are registered in the internal databases of the Website Administration (a special computer program used to store a chronological record containing information about events and actions related to the IT system used for the provision of services/sale of goods of the Website Administration). The information collected in such databases is processed primarily for purposes related to the provision of services/sales of goods. The Website Administration also processes them for technical and administrative purposes, to ensure the security of the IT system and to manage this system, as well as for analytical and statistical purposes - in this regard, the legal basis for processing is the legitimate interest of the Website Administration (according to p. "f" of Article 6 GDPR).

4.6.      Personal data is processed until the User withdraws consent to processing or objects to the processing of such data. Within a reasonable period of time, but not more than 5 (five) working days from the moment the request from the User is received by the Website Administration at admin@darkbyrior.com, Personal data will be deleted or depersonalized.

4.7.      The period of processing of Personal Data may be extended if the processing is necessary for the establishment and consideration of possible claims or defense against them and within the limits provided by law. After the end of the Personal Data processing period, they are irrevocably deleted or depersonalized.

 

V. TRANSFER OF PERSONAL DATA

5.1.      The User's personal data may be disclosed to third parties on a periodic and temporary basis, in particular to providers of IT services, analytical, advertising and marketing tools, as well as organizations that ensure the sale of goods or the provision of services by the Website Administration.

5.2.      On a periodic basis, in connection with the order of goods, the Website Administration transfers Personal Data to the following persons:

5.2.1.   to Quickley Inc., namely: surname, first name and e-mail in order to ensure that the User can contact the Website Administration through the chat on the Website itself.

5.2.2.   to the company DPD BeLux and its parent company Geopost (the carrier), namely: surname, first name and e-mail in order to ensure the organization of transportation of the Goods for the User;

5.2.3.   of Twilio Inc., a corporation of the state of Delaware, located at 101 Spear Street, 5th Floor, San Francisco, California, 94105, United States of America, namely: a phone number for the purpose of organizing an SMS notification of the User about the status of the order of the Product.

5.3.      The user should note that when making a payment, the payment tool "STRIPE" is used (Stripe Payments Europe, Limited; VAT number: IE3206488LH; registration number: 3206488LH). The Website Administration does not transfer Personal Data to this entity, however, for making a payment The User has his/her personal data indicated on the website of this payment instrument, which is protected in accordance with the privacy policy of this payment instrument.

5.4.      On a temporary basis, the Website Administration transfers Personal Data to persons who are temporarily involved in providing certain services necessary in the economic activity of the Website Administration. The User has the right to obtain information about the persons to whom his Personal Data is transferred by sending a request to the Data Protection Officer (DPO), who can be contacted by email: admin@darkbyrior.com. If the User categorically does not agree to the transfer of his Personal Data to third parties, the User must immediately notify the Website Administration by sending an email to admin@darkbyrior.com. Otherwise, it is assumed that the User does not object to this.

5.5.      The Website Administration reserves the right to disclose the User's Personal Data to competent authorities or third parties who request such information on the appropriate legal basis and in accordance with the provisions of current legislation.

5.6.      The User gives consent to the Website Administration to transfer his Personal Data to the persons specified in this section. Such consent may be withdrawn by sending an email to admin@darkbyrior.com.

 

VI. TRANSFER OF PERSONAL DATA OUTSIDE THE EEA

6.1.      The level of protection of Personal Data outside the European Economic Area (EEA) differs from the level provided for by European legislation. For this reason, the Website Administration transfers Personal Data outside the EEA only when necessary and ensuring an adequate level of protection, primarily through:

6.1.1.   cooperation with subjects of Personal Data processing in countries for which the relevant decision of the European Commission was issued to determine the appropriate level of protection of Personal Data (up-to-date information on the list of countries is contained in the relevant decision of the European Commission);

6.1.2.   the application of standard contractual clauses issued by the European Commission, which provide Personal Data with the same protection to which they are entitled in the European Union;

6.1.3.   application of mandatory corporate rules approved by the competent supervisory authority.

6.2.      At the time of approval of this Privacy Policy, the Website Administration does not transfer Personal Data of Users outside the EEA, except to Twilio Inc., a Delaware corporation, located at 101 Spear Street, 5th Floor, San Francisco, California, 94105, United States of America , which is described in clause 5.2.3 of this Privacy Policy.

 

VIІ. USER RIGHTS

7.1.      The User has the right to: access the data content and request its correction, deletion, restriction of processing, the right to transfer data and the right to object to data processing, as well as the right to file a complaint with the body responsible for the protection of Personal Data.

7.2.      If the User's data is processed on the basis of consent, it can be revoked at any time by contacting the Website Administration by sending a duly executed written request to admin@darkbyrior.com. Withdrawal of such consent does not affect the legality of processing on the basis of the consent that the Website Administration had prior to its withdrawal.

7.3.      Any clause of this Privacy Policy cannot be interpreted as narrowing the scope of the User's rights.

 

VIII. SECURITY OF PERSONAL DATA

8.1.      The Website Administration conducts risk analysis on an ongoing basis to ensure that Personal Data is processed in a secure manner, ensuring above all that only authorized persons have access to the data and only to the extent necessary for the tasks they perform. The Website Administration ensures that all operations with Personal Data are processed only by authorized persons.

8.2.      The Website Administration takes all necessary measures to ensure that its contractors use appropriate security measures whenever they process Personal Data on behalf of the Website Administration.

 

IX. FINAL PROVISIONS

9.1.      You can contact the Administration of the Website at the email address: admin@darkbyrior.com or at the address for correspondence: kraj POLSKA, woj. MAZOWIECKIE, WARSAW, ul. GOLESZOWSKA, nr 3, lok. ---, code 01-249.

9.2.      The Administration of the Website has designated a Data Protection Officer (DPO), who can be contacted by e-mail: admin@darkbyrior.com for any question regarding the processing of Personal Data.

9.3.      The privacy policy is constantly reviewed and updated as necessary. In case of updating the Privacy Policy, the User will be notified by displaying clear information on the Website or by sending the User a letter to his e-mail. In some cases, the User may be notified in advance about the update of the Privacy Policy. The new edition of the Privacy Policy comes into force from the moment of its publication on the Website.

9.4.      The User who does not agree with the terms of the Privacy Policy is obliged not to use the Website and must send a notice to the e-mail admin@darkbyrior.com about the termination of the processing of the User's Personal Data.

9.5.      The current version of the Privacy Policy has been adopted and is effective from October 1, 2024. The fact of using the Website means full and unquestionable agreement with the current version of the Privacy Policy.

9.6.      This Privacy Policy is written in 3 languages: Ukrainian, English and Polish. In case of discrepancies, the text in Polish will have priority.