Privacy policy

PRIVACY POLICY OF THE MILSENDESIGN.COM ONLINE STORE

TABLE OF CONTENTS:

GENERAL TERMS AND CONDITIONS
BASICS OF DATA PROCESSING
PURPOSE, BASIS, AND DURATION OF DATA PROCESSING IN AN ONLINE STORE
RECIPIENTS OF DATA IN AN ONLINE STORE
PROFILLING IN AN ONLINE STORE
RIGHTS OF THE DATA SUBJECT
COOKIES IN AN ONLINE STORE AND ANALYTICS
FINAL PROVISIONS

GENERAL TERMS AND CONDITIONS
1. This privacy policy of the Online Store is of an informative nature, which means that it is not a source of obligations for Service Recipients or Customers of the Online Store. The privacy policy primarily contains the principles regarding the processing of personal data by the Administrator in the Online Store, including the basis, purposes and period of processing personal data and the rights of data subjects, as well as information on the use of Cookies and analytical tools in the Online Store.
2. The controller of personal data collected via the Online Store is HERMANOS MK LIMITED LIABILITY COMPANY with its registered office in Warsaw (registered office address and address for correspondence: ul. Grzybowska 87, 00-844 Warsaw); entered into the Register of Entrepreneurs of the National Court Register under the KRS number: 0000783404; registry court where the company documentation is kept: District Court for the capital city of Warsaw in Warsaw, 13th Commercial Division of the National Court Register; share capital in electronic form: hello@milsendesign.com and contact telephone number: 884-760-022 – hereinafter referred to as the “Controller” and being both the Service Provider of the Online Store and the Seller.
3. Personal data in the Online Store are processed by the Administrator in accordance with applicable legal regulations, in particular in accordance 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 referred to as “GDPR” or “GDPR Regulation“. Official text of the GDPR Regulation: http://eur-lex.europa.eu/legal-content/PL/TXT/?uri=CELEX%3A32016R0679
4. Using the Online Store, including making purchases, is voluntary. Similarly, providing personal data by the Service User or Customer using the Online Store is voluntary, subject to two exceptions: (1) entering into agreements with the Administrator – failure to provide personal data necessary for the conclusion and performance of the Sales Agreement or the agreement for the provision of Electronic Services with the Administrator in the cases and to the extent indicated on the Online Store website and in the Online Store Regulations and this privacy policy results in the inability to conclude this agreement. Providing personal data is in such a case a contractual requirement and if the data subject wants to enter into a given agreement with the Administrator, they are obliged to provide the required data. Each time, the scope of data required for the conclusion of the agreement is previously 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 or accounting books) and failure to provide them will prevent the Administrator from fulfilling these obligations.
5. The administrator takes special care to protect the interests of the individuals whose personal data is being processed, and in particular, is responsible for ensuring that the data collected is: (1) processed lawfully; (2) collected for specified, lawful purposes and not subject to further processing incompatible with those purposes; (3) accurate and relevant to the purposes for which it is processed; (4) stored in a form that allows the identification of the individuals concerned, no longer than necessary to achieve the processing purpose; and (5) processed in a manner that ensures appropriate security of personal data, including protection against unauthorized or unlawful processing, as well as accidental loss, destruction, or damage, using appropriate technical or organizational measures.
6. Taking into account the nature, scope, context and purposes of processing and the risk of violation of the rights or freedoms of natural persons with varying probability and severity of threat, the Controller shall implement appropriate technical and organizational measures to ensure that processing is carried out in accordance with this Regulation and to be able to demonstrate this. These measures are reviewed and updated as necessary. The Controller shall apply technical measures to prevent unauthorized persons from obtaining and modifying personal data sent electronically.
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 definitions contained in the Online Store Regulations available on the Online Store website.

2. BASICS OF DATA PROCESSING

The Administrator is authorized 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 consented to the processing of their personal data for one or more specified purposes; (2) the processing is necessary for the performance of a contract to which the data subject is a party, or for taking steps at the request of the data subject prior to entering into a contract; (3) the processing is necessary for compliance with a legal obligation to which the Administrator is subject; or (4) the processing is necessary for the purposes of legitimate interests pursued by the Administrator or a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject requiring the protection of personal data, particularly when the data subject is a child.
Processing of personal data by the Administrator requires the existence of at least one of the bases specified in point 2.1 of the privacy policy. The specific bases for processing the personal data of Service Users and Customers of the Online Store by the Administrator are indicated in the next section of the privacy policy – in relation to the specific purpose of processing personal data by the Administrator.

3. PURPOSE, BASIS, AND DURATION OF DATA PROCESSING IN AN ONLINE STORE

Each time, the purpose, basis and period as well as the recipients of personal data processed by the Administrator results from actions undertaken by a given Service Recipient or Customer in the Online Store or by the Administrator.
The Administrator may process personal data within the Online Store for the following purposes, on the basis and during the periods indicated in the table below:

Purpose of data processing	Basis of data processing	Duration of data processing
Execution of the Sales Agreement or the agreement 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 action at the request of the data subject before entering into a contract	The data is stored for the period necessary to execute, terminate or otherwise expire the concluded Sales Agreement or the agreement for the provision of Electronic Services.
Direct Marketing	Article 6 section 1 letter f) of the GDPR Regulation (legitimate interest of the administrator) – processing is necessary for the purposes resulting from the legitimate interests of the Administrator – consisting in taking care of the interests and good image of the Administrator, its Online Store and striving to sell Products	The data is stored for the duration of the legally justified interest pursued by the Administrator, but no longer than the statute of limitations for claims of the Administrator against the data subject related to the Administrator’s business activity. The statute of limitations is defined by law, particularly the Civil Code (the basic limitation period for claims related to business activity is three years, and for a Sales Agreement, it is two years). The Administrator cannot process data for direct marketing purposes if a valid objection is raised by the data subject in this regard.
Marketing	Article 6(1)(a) of the GDPR Regulation (consent) – the data subject has consented to the processing of his or her personal data for marketing purposes by the Administrator	The data is stored until the data subject withdraws consent to further processing of his or her data for this purpose.
Client’s expression of opinion regarding the concluded Sales Agreement	Article 6(1)(a) of the GDPR Regulation – the data subject has consented to the processing of his or her personal data for the purpose of expressing an opinion	The data is stored until the data subject withdraws consent to further processing of his or her data for this purpose.
Maintaining accounting records	Article 6 section 1 letter c) of the GDPR Regulation in connection with Article 74 section 2 of the Accounting Act of 30 January 2018 (Journal of Laws of 2018, item 395, as amended) – processing is necessary to fulfil the legal obligation of the Administrator	The data is stored for the period required by law requiring the Administrator to store accounting records (5 years from the beginning of the year following the financial year to which the data relates).
Determining, pursuing or defending claims that may be raised by the Administrator or that may be raised against the Administrator	Article 6 paragraph 1 letter f) of the GDPR Regulation (legitimate interest of the administrator) – processing is necessary for the purposes resulting from the legitimate interests of the Administrator – consisting in determining, pursuing or defending claims that may be raised by the Administrator or that may be raised against the Administrator	The data is stored for the duration of the legitimate interest pursued by the Administrator, but no longer than the limitation period for claims that may be brought against the Administrator (the basic limitation period for claims against the Administrator is six years).
Use of the Online Store website and ensuring its proper functionality	Article 6 paragraph 1 letter f) of the GDPR Regulation (legitimate interest of the administrator) – processing is necessary for the purposes resulting from the legitimate interests of the Administrator – consisting in running and maintaining the Online Store website	The data is stored for as long as the legally justified interest pursued by the Administrator exists, but no longer than the period of limitation for claims of the Administrator against the data subject arising from the business activities conducted by the Administrator. The limitation period is determined by legal provisions, particularly the Civil Code (the basic limitation period for claims related to business activities is three years, and for the Sale Agreement, it is two years).
Managing statistics and analyzing traffic in an online store	Article 6 section 1 letter f) of the GDPR Regulation (legitimate interest of the administrator) – processing is necessary for the purposes resulting from the legitimate interests of the Administrator – consisting in keeping statistics and analyzing traffic in the Online Store in order to improve the functioning of the Store	The data is stored for as long as the legally justified interest pursued by the Administrator exists, but no longer than the period of limitation for claims of the Administrator against the data subject arising from the business activities conducted by the Administrator. The limitation period is determined by legal provisions, particularly the Civil Code (the basic limitation period for claims related to business activities is three years, and for the Sale Agreement, it is two years).

RECIPIENTS OF DATA IN AN ONLINE STORE
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, for example, software providers, couriers, or payment processors). The Administrator only uses the services of such processors who provide adequate guarantees to implement appropriate technical and organizational measures to ensure that the processing complies with the requirements of the GDPR and protects the rights of the data subjects.
2. Personal data may be transferred by the Administrator to a third country, provided that the Administrator ensures that such transfer occurs to a country providing an adequate level of protection in accordance with the GDPR, and in the case of other countries, the transfer will be based on standard data protection clauses. The Administrator ensures that the data subject has the right to obtain a copy of their personal data. The Administrator only transfers collected personal data when necessary and to the extent required to achieve the specific processing purpose in accordance with this privacy policy.
3. The Administrator does not transfer data in every case or to all recipients or categories of recipients specified in the privacy policy – the Administrator transfers data only when it is necessary to fulfill a specific purpose of personal data processing and only to the extent necessary to achieve that purpose. For example, if a Client chooses personal collection, their data will not be transferred to the carrier cooperating with the Administrator.
4. The Administrator does not transfer data in every case or to all recipients or categories of recipients specified in the privacy policy – the Administrator only transfers data when it is necessary to achieve the specific purpose of personal data processing and only to the extent necessary to accomplish that purpose.
5. Personal data of Service Users and Customers of the Online Store may be transferred to the following recipients or categories of recipients:
  1. Carriers / forwarders / courier brokers / entities handling warehouse and/or shipping processes – in the case of a Customer who uses postal or courier delivery for a Product in the Online Store, the Administrator provides the collected personal data of the Customer to the selected carrier, forwarder, or intermediary handling 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 fulfill the Product delivery to the Customer.
  2. Entities handling electronic payments or card payments – in the case of a Customer using electronic payment methods or payment cards in the Online Store, the Administrator provides the collected personal data of the Customer to the selected entity handling these payments in the Online Store on behalf of the Administrator, to the extent necessary for processing the payment made by the Customer.
  3. Credit institutions / lessors – in the case of a Client using the installment payment or leasing payment method in the Online Store, the Administrator provides the collected personal data of the Client to the selected credit institution or lessor handling these payments in the Online Store on behalf of the Administrator, to the extent necessary to process the payment made by the Client.
  4. Survey System Providers – In the case of a Client who has agreed to provide feedback on the concluded Sales Agreement, the Administrator shares the collected personal data of the Client with the selected entity providing the survey system for evaluating the concluded Sales Agreements in the Online Store, on behalf of the Administrator, to the extent necessary for the Client to express their opinion through the survey system.
  5. Service providers supplying the Administrator with technical, IT, and organizational solutions enabling the Administrator to conduct business activities, including the Online Store and the Electronic Services provided through it (in particular, software providers for managing the Online Store, email and hosting service providers, as well as software providers for business management and technical support for the Administrator) – The Administrator provides the collected personal data of the Client to a selected provider acting on their behalf only if and to the extent necessary to achieve the specific data processing purpose in accordance with this privacy policy.
  6. Accounting, legal, and consulting service providers offering the Administrator accounting, legal, or advisory support (in particular, accounting offices, law firms, or debt collection agencies) – the Administrator provides the collected personal data of the Client to the selected service provider acting on their behalf only in the case and to the extent necessary to achieve the specific data processing purpose in accordance with this privacy policy.
  7. Providers listed on the Online Store’s website of social media plugins, scripts, and other similar tools enabling the browser of the person visiting the Online Store to download content from the providers of the mentioned plugins (e.g., logging in using social media service login data) and transferring personal data of the visiting person to these providers for this purpose, including:
    1. Meta Platforms Ireland Ltd. – The Administrator uses social media plugins from Facebook (e.g., Like button, Share button, or login with Facebook credentials) and Instagram on the Online Store website and, as a result, collects and shares personal data of the User visiting the Online Store website with Meta Platforms Ireland Ltd. (4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland) in the scope and in accordance with the privacy policies available – for Facebook, here: https://www.facebook.com/about/privacy/ and for Instagram, here: https://help.instagram.com/519522125107875/?helpref=hc_fnav. This data includes information about activities on the Online Store website – such as information about the device, visited websites, purchases, displayed ads, and the way of using the services – regardless of whether the User has an account on Facebook or Instagram and whether they are logged into Facebook or Instagram.
    2. Pinterest Europe Limited – The Administrator uses social media plugins from Pinterest (e.g., sharing content from the Online Store on their Pinterest profile) on the Online Store website. As a result, Pinterest Europe Limited collects and shares personal data of the User visiting the Online Store website with Pinterest Europe Limited (2nd Floor Palmerston House, Fenian Street, Dublin 2, Dublin, Ireland) to the extent and in accordance with the privacy rules available here: https://policy.pinterest.com/pl/privacy-policy.

5. PROFILLING IN AN ONLINE STORE

The GDPR regulation imposes an obligation on the Data Controller to inform about automated decision-making, including profiling, as referred to in Article 22(1) and (4) of the GDPR, and—at least in such cases—provide essential information about the principles of making such decisions, as well as the significance and anticipated consequences of such processing for the data subject. In light of this, the Data Controller provides in this section of the privacy policy information regarding possible profiling.
The Administrator may use profiling in the Online Store for direct marketing purposes, but decisions made based on this profiling by the Administrator do not concern the conclusion or refusal to conclude a Sales Agreement or the ability to use Electronic Services in the Online Store. The result of using profiling in the Online Store may be, for example, granting a discount to a person, sending them a discount code, reminding them of unfinished purchases, sending a product proposal that may match the person’s interests or preferences, or offering better terms compared to the standard offer of the Online Store. Despite the profiling, the person freely decides whether they want to take advantage of the discount or better terms received in this way and make a purchase in the Online Store.
Profiling in an Online Store involves the automatic analysis or prediction of a person’s behavior on the store’s website, such as adding a specific product to the shopping cart, browsing a particular product page, or analyzing the history of previous purchases in the online store. A prerequisite for such profiling is that the data controller has personal data about the person, enabling them to, for example, send a discount code.
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

Right of access, rectification, restriction, erasure, or data portability – the data subject has the right to request from the Controller access to their personal data, its rectification, erasure (“right to be forgotten”), or restriction of processing, and has the right to object to processing, as well as the right to data portability. The detailed conditions for exercising the above rights are specified in Articles 15-21 of the GDPR Regulation.
The right to withdraw consent at any time – a person whose data is processed by the Administrator based on the consent given (under Article 6(1)(a) or Article 9(2)(a) of the GDPR) has the right to withdraw consent at any time without affecting the lawfulness of the processing carried out based on the consent before its withdrawal.
The right to lodge a complaint with a supervisory authority – a person whose data is processed by the Controller has the right to lodge a complaint with a supervisory authority in the manner and procedure specified in the provisions of the GDPR and Polish law, in particular the Act on the Protection of Personal Data. The supervisory authority in Poland is the President of the Personal Data Protection Office.
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 controller), including profiling based on these provisions. In such a case, the controller may no longer process these personal data unless they demonstrate compelling legitimate grounds for the processing that override the interests, rights, and freedoms of the data subject or for the establishment, exercise, or defense of legal claims.
Right to object to direct marketing If personal data is processed for the purposes of direct marketing, 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 the processing is related to such direct marketing.
In order to exercise the rights referred to in this section of the privacy policy, you may contact the Administrator by sending an appropriate message in writing or by email to the address of the Administrator indicated at the beginning of the privacy policy or by using the contact form available on the Online Store’s website.

7. COOKIES IN AN ONLINE STORE AND ANALYTICS

Cookies are small text-based pieces of information in the form of text files, sent by a server and stored on the visitor’s device when browsing the Online Store (e.g., on a computer’s hard drive, a laptop, or a smartphone’s memory card – depending on the device used to access our Online Store). Detailed information about cookies, as well as their history, can be found, among others, here: https://pl.wikipedia.org/wiki/HTTP_cookie.
Cookies that may be sent by the Online Store website can be categorized into different types according to the following criteria:

Based on their provider: first-party cookies (created by the Online Store website of the Administrator) and third-party cookies (belonging to entities other than the Administrator).

Due to their storage period on the device of the visitor to the Online Store: session cookies (stored until the user logs out of the Online Store or closes the web browser) and persistent cookies (stored for a specified period defined by the parameters of each file or until manually deleted).

Due to their purpose: necessary (enabling the proper functioning of the Online Store website), functional/preferential (allowing the adjustment of the Online Store website to the preferences of the person visiting the site), analytical and performance (collecting information on how the Online Store website is used), marketing, advertising, and social (gathering information about the person visiting the Online Store website to display personalized ads, measure effectiveness, and conduct other marketing activities, including on websites separate from the Online Store website, such as social media platforms or other sites belonging to the same advertising networks as the Online Store).

The Administrator may process data contained in Cookies files while visitors use the Online Store for the following specific purposes:

Purposes of using Cookies in the Administrator’s Online Store:	Identifying Service Recipients as logged in to the Online Store and displaying that they are logged in (necessary Cookies).
	Remembering products added to the cart for placing an order (essential cookies)
	Remembering data from completed order forms, surveys, or login details for the online store (essential cookies and/or functional/preferential cookies)
	Customization of the content of the Online Store to the individual preferences of the User (e.g., regarding colors, font size, page layout) and optimization of the use of the Online Store’s pages (functional/preference cookies).
	Conducting anonymous statistics showing how the Online Store’s website is used (analytical and performance cookies).
	Displaying and rendering advertisements, limiting the number of ad impressions, and ignoring ads that the User does not wish to see, measuring the effectiveness of ads, as well as personalizing ads, which involves studying the behavioral traits of individuals visiting the Online Store through anonymous analysis of their actions (e.g., repeated visits to certain pages, keywords, etc.) to create their profile and deliver ads tailored to their predicted interests, even 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).

Checking the cookies (including the duration of the cookies and their provider) sent by the website of an online store in the most popular web browsers is possible in the following way:

In the Chrome browser: (1) Click on the padlock icon on the left side of the address bar, (2) go to the “Cookies” tab.	In Firefox browser: (1) Click on the shield icon on the left side of the address bar, (2) go to the “Allowed” or “Blocked” tab, (3) click on the “Cross-site tracking cookies,” “Social media tracking elements,” or “Content with tracking elements” option.	In Internet Explorer browser: (1) Click on the “Tools” menu, (2) go to the “Internet Options” tab, (3) go to the “General” tab, (4) go to the “Settings” tab, (5) click on the “View Files” option.
In the Opera browser: (1) Click on the padlock icon on the left side of the address bar, (2) go to the “Cookies” tab.	In the Safari browser: (1) Click on the “Preferences” menu, (2) go to the “Privacy” tab, (3) click on 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/

By default, most web browsers available on the market accept the saving of cookies. Everyone has the ability to define the conditions for using cookies through their browser settings. This means that, for example, it is possible to partially limit (e.g., temporarily) or completely disable the saving of cookies. However, in the latter case, it may affect certain functionalities of the online store (for example, it may become impossible to complete the order process through the Order Form due to the inability to remember products in the cart during the subsequent steps of placing the order).
Browser settings regarding Cookies are important in terms of consent to the use of Cookies by our Online Store – according to regulations, such consent can also be expressed through browser settings. Detailed information on how to change Cookie settings and delete them independently in the most popular web browsers can be found in the browser’s help section and on the following pages (just click on the respective link):

In Chrome browser

in Firefox browser

in Internet Explorer browser

in Opera browser

in Safari browser

in Microsoft Edge browser

The Administrator may use Google Analytics, Universal Analytics services provided by Google Ireland Limited (Gordon House, Barrow Street, Dublin 4, Ireland) in the Online Store. These services help the Administrator manage statistics and analyze traffic on the Online Store. The collected data is processed within these services to generate statistics that are helpful for managing the Online Store and analyzing traffic in the Online Store. These data are aggregated. By using the above services in the Online Store, the Administrator collects data such as the sources and medium through which visitors come to the Online Store, their behavior on the Online Store’s website, information about the devices and browsers used to visit the site, IP addresses and domains, geographic data, as well as demographic data (age, gender), and interests.
It is possible for an individual to easily block the sharing of their activity information with Google Analytics on an e-commerce website. For this purpose, one can, for example, install a browser extension provided by Google Ireland Ltd., available here: https://tools.google.com/dlpage/gaoptout?hl=en.
In connection with the Administrator’s use of advertising and analytical services provided by Google Ireland Ltd. in the Online Store, the Administrator informs that the full information on the rules for processing data of individuals visiting the Online Store (including information stored in cookies) by Google Ireland Ltd. can be found in the privacy policy of Google services available at the following internet address: https://policies.google.com/technologies/partner-sites.

8. FINAL PROVISIONS

An online store may contain links to other websites. The administrator encourages users to familiarize themselves with the privacy policy established on those sites once they navigate away. This privacy policy applies only to the Administrator’s Online Store.

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