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Privacy Policy

This Privacy Policy is a document related to the Terms of Service of the Website and the Terms of Service of Online Stores (“Terms of Service”), as well as the Terms of Service of Newsletter („Terms of Service of Newsletter“). Definitions of the terms used in this Privacy Policy were included in the Terms of Service. The provisions of the Terms of Service are applied accordingly.

The Policy is for information purposes and serves satisfaction of information obligations imposed on the data controller under GDPR, i.e. Regulation 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.

Unless otherwise defined in this Policy, terms used in this Policy have the same meanings as in our Terms of Service. As used in this Policy, the terms "using" and "processing" information include using cookies on a computer, subjecting the information to statistical or other analysis and using or handling information in any way, including, but not limited to collecting, storing, evaluating, modifying, deleting, using, combining, disclosing and transferring information within our organization or among our affiliates internationally.

  1. I. PERSONAL DATA CONTROLLER

    1. JAKUB BUDZIK with headquarters in Aleja Prymasa Tysiąclecia 46, 01-242 Warszawa, e-mail address: contact@modsly.com is the administrator of personal data within the meaning of the REGULATION (EU) 2016/679OF 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 and processes personal data in order to provide services for archiving, as well as sales of products and services. JAKUB BUDZIK ensures that the rights under the above-mentioned Regulation, in particular, to obtain the information regarding the processing of personal data and to correct them, the right to bring in the cases referred to in the Regulation substantiated written request to cease processing your personal data and the right to object to the processing of data for marketing purposes.
    2. You may contact the Personal Data Controller in particular via e-mail at contact@modsly.com
  2. II. DATA PROCESSING METHOD

    1. Your personal data will be processed by Modsly for the following purposes: (a) execution of legal provisions, (b) provision of the Services that you are using through the Website or subscription of the Newsletter, (c) promotional and marketing actions of Modsly, (d) performance of the Sale Agreements.
    2. Modsly processes only those data which are necessary for properly providing offered services, which may include, depending on the type of Service:
      • In the case of Newsletter, or promotional and marketing actions your first and last name, as well as e-mail and IP address,
      • In the case of Services provided through the Website your first and last name, e-mail address, phone number, Tax Identification Number (e.g. NIP), Social Security Number (e.g. PESEL), residential address, and IP address; account number or PayPal number (those last two in the case of Artist/Designer),
      • In the case of purchase agreements your first and last name, e-mail address, phone number, Tax Identification Number (eg. NIP), residential address, and IP address.
    3. We process pseudonymous information, such as the IP address or device ID, for the analysis of signals in order to identify fraud by third parties in the context of customer acquisition. To accomplish this, we are supported by external service providers whom we have ensured are committed to the same statutory requirements.
    4. Your data shall be processed no longer than necessary, which means, that: (a) in the case of the Newsletter it shall be processed until you unsubscribe from the Newsletter service, and (b) in the case of other services – upon the lapse of 5 years of the your last order (in case you’re a Customer), or last purchase of a product designed by you (in case you’re an Artist/Designer), (c) in the case there was no purchase of a product designed by you - until deletion of the Account or termination of the Agreement and lapse of the period of limitation on account of performance of agreements or a period resulting from relevant accounting provisions.
    5. The database of orders is protected by law. Those personal data are specifically properly protected and secured from unauthorized access.
    6. The legal basis of your data processing, in the case referred to 2.4. (a) is the statutory authorization to process data, which are essential to comply with the law, whereas in the case referred to 2.4. (b) and (d) is the statutory authorization to process data which is necessary to perform an agreement if the data subject is a party of such an agreement, or if it is essential for for undertaking certain actions prior to conclusion of an agreement upon request of the data subject, while in the case referred to 2.4. (c) it is your voluntary consent.
    7. Providing personal data is voluntary, but the failure to provide your data and lack of your consent to process personal data marked as obligatory will prevent provision of the services. You may visit our Online Stores and inform yourself without having to disclose any personal information. While visiting our Online Stores, you generally remain anonymous and the connection data is provided by your internet browser each time a page is opened, e.g. the date, the duration or the name of your internet service provider will be used by us with no personal reference.
    8. The moment we use data for a purpose which requires your consent in accordance with the legal conditions, we will ask for your express consent. You can, of course, revoke this consent at any time and/or revoke the future use of your data. Most often we will ask for your consent in the case of performing promotional and marketing actions, which may include, but is not limited to the Newsletter service.
  3. III. THIRD PARTY SERVICES AND TRANSFER OF PERSONAL DATA TO THIRD COUNTRIES

    1. Your personal data may be transferred for processing to entities which enable Modsly to run its Newsletter, or provide Services, including the purchase agreements performance. Such recipients of personal data may include: a hosting provider, an e-mail provider, a company providing maintenance and development services for the Website, accounting company, company providing online payment services, law firm, or delivery company.
    2. Modsly may also disclose your personal data to competent state authorities upon their request on the basis of relevant provisions of law, or to other persons on the basis of your prior consent.
    3. Insofar as we utilize/employ a third party service provider for this, they shall only receive the necessary data from us and are themselves obligated to protect your personal data. What is more, Service Provider has concluded contracts with all third party service providers and we require from them at least as strict regulations protecting your personal data as we provide by ourselves.
    4. Your data will be transferred to third countries, i.e. beyond the European Economic Area: to the United States on the basis of the Commission Implementing Decision of 12 July 2016 introducing the so-called Privacy Shield (under this decision data will be transferred only to certified entities, as a result of which those entities are obliged to appropriately secure personal data), and to other countries, only on the basis of standard contractual clauses under which the entities which will receive those data will be obliged to appropriately secure them.
  4. IV. PROFILING

    1. We kindly inform you that based on your personal data we make decisions in an automated manner, including on the basis of profiling.
    2. The profiling is based on the fact that relying on your activities on the Website we examine your preferences regarding colors and patterns and on this basis, we can suggest you potentially interesting graphics and products that can then be sold in your Online stores.
    3. The Profiling does not result in making decisions that cause legal effects to you or affect you in a similarly significant way.
    4. You may file an objection to profiling via e-mail at contact@modsly.com
  5. V. E-MAIL COMMUNICATIONS

    1. Modsly is very concerned about your privacy and we will never provide your e-mail address to a third party without your explicit permission. In particular, Modsly may send out e-mails with Modsly-related news, products, offers, surveys or promotions. Modsly stores the basic contact data for direct marketing purposes till you lodge an objection to processing your personal data for that purpose and whether the processing took place on the basis of your consent till you withdraw that consent or till Modsly decides that data became outdated.
    2. You may also receive notification e-mails from Modsly, which inform you about each change of your order status. If you do not want to receive e-mails from us, please follow the instructions contained in the unwanted e-mail message. However, please note that in all cases you will continue to receive all system e-mails (e.g. those regarding change of your order status) and legal notices (e.g. updates to our policies) from us.
  6. VI. SOCIAL SHARING

    1. Modsly uses social plug-ins from Facebook, Twitter, Instagram, Pinterest and other social media platforms, including among others the Facebook "like" button, the Twitter "tweet" button and the Pinterest "Pin it" button. When these are viewed and/or clicked, a direct connection between your computer and the server of the provider of these plug-ins (e.g. Facebook, Twitter, Pinterest, etc.) is created. This allows the providers to collect personal and non-personal data from you. We recommend that you inform yourself regarding the types of data covered by this as well as the purpose and scope of the data collection and further processing and use by Facebook and Twitter as well as your rights and configuration options for protecting your private sphere by reading the data protection notices at http://www.facebook.com/privacy/explanation.php, http://twitter.com/privacy, and http://about.pinterest.com/privacy/.
  7. VII. OTHER DATA

    1. The Website may also store https enquiries, therefore the files containing web server logs may store certain data, including the IP address of the computer sending the enquiry, the name of Artist’s/Designer’s computer station, if possible, the date and system time of registration on the Website and receipt of the enquiry, the number of bytes sent by the server, the URL address of the page visited by the Artist/Designer before (if the Artist/Designer has entered the System through a link), information concerning Artist’s/Designer’s browser and the language used, the country from which the Artist/Designer gained access to the Website, information concerning errors occurred by execution of the http transaction, information concerning the number and time of failed attempts to log in to the profile. Web server logs are collected for the purposes of proper administration of the Website. Information is accessible only to persons authorized to administer the Website on the basis of granted authorisations including confidentiality statements in the scope of processing data and relevant safeguards. Files containing web server logs may be analyzed for the purposes of preparing statistics concerning traffic on the Website and occurring errors. Summary of such details does not identify the Artist/Designer.
  8. VIII. INFORMATION SECURITY

    1. Modsly guarantees implementation of appropriate technical and organizational means, such as pseudonymisation, which have been designed for the purpose of effective enforcement of the data protection principles, such as data minimisation, and for the purpose of providing the processing with necessary safeguards, so as to meet the GDPR requirements and protect the rights of data subjects. The set of collected personal data referring to you and other persons is stored on a secured server, moreover, the data are also secured by internal procedures of Modsly related to the processing of personal data and information security policy.
    2. At the same time, Modsly states that using the Internet and services provided by electronic means, in particular using publicly available Wi-Fi networks, may pose specific teleinformatic threats, such as: presence and operation of worms, spyware or malware software, including computer viruses, as well as possibility of being exposed to cracking or phishing (fishing passwords) and other. In order to obtain detailed and professional information related to security in the Internet, Modsly recommends taking advice from entities specializing in such IT services.
  9. IX. COOKIES

    1. Cookies are alphanumeric identifiers that we transfer to your computer’s hard drive through your Web browser to enable our systems to recognize your browser and tell us how and when pages in our web site are visited and by how many people. We may use cookies to remember who you are when you next visit our web site, provide a custom, personalized experience on our Service and monitor the success of marketing or promotional campaigns and aggregate metrics. Cookies will work only after Web browser accepts them and unless they are removed from the hard drive. Most browsers are configured to accept cookies by default.
    2. Modsly uses its own Cookies for the following purposes:
      • Maintain the Artist’s/Designer’s session
      • Adapt the Website to the needs of the Artist/Designer
      • Create the statistics concerning the traffic on the subpages to the Website
      • Use such information for marketing purposes
    3. You can disable cookies, but we recommend that you leave the cookies activated because cookies allow you to use our Service - and others - as designed. Please note that disabling cookies could also lead to not all of our Online Stores functioning cleanly and properly for you.
  10. X. THIRD PARTY COOKIES

    1. GOOGLE ANALYTICS: Modsly, Modsly Online Stores use Google Analytics, a web analysis service of Google Inc. ("Google"). Google Analytics uses so-called "cookies", text files, which are stored on your computer and allow an analysis of your use of the Online Store. The information regarding your use of this Online Store generated by the cookie (including your IP address) is transferred to a Google server in the USA and stored there. In case of the activation of the IP anonymization on this Online Store, Google will shorten your IP address within the member states of the European Union or within states that are parties to the European Economic Area (EEA) Agreement before transferring the information. The full IP address will only be transferred to a Google server in the USA on an exceptional basis, and will then be shortened in the USA. On behalf of the operator of this Online Store, Google will use this information for the purpose of evaluating your use of the Online Store, compiling reports on Online Store activity for Online Store operators and providing other services relating to Online Store activity and internet usage for the Online Store operator. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your web browser, however, please note that if you do so, you may not be able to use the full functionality of this Online Store.
    2. Furthermore, you can opt-out from being tracked by Google Analytics by downloading and installing the Browser-Addon from the following page: http://tools.google.com/dlpage/gaoptout?hl=en
    3. FACEBOOK PIXEL: This Modsly Online Store uses the Conversion Tracking Pixel service of Facebook Inc. (“Facebook”). This allows user behavior to be tracked after they have been redirected to the provider’s Online Store by clicking on a Facebook ad. This enables us to measure the effectiveness of Facebook ads for statistical and market research purposes.
    4. The data collected in this way is anonymous to us, i.e. we do not see the personal data of individual users. However, this data is stored and processed by Facebook, which is why we are informing you, based on our knowledge of the situation. Facebook may link this information to your Facebook account and also use it for its own promotional purposes, in accordance with Facebook’s Data Usage Policy https://www.facebook.com/about/privacy/. It can allow Facebook and its partners to place ads on and off Facebook. A cookie may also be stored on your computer for these purposes.
    5. The legal basis for the use of this service is Art. 6 paragraph 1 sentence 1 letter of GDPR. You can object to the collection of your data by Facebook pixel, or to the use of your data for the purpose of displaying Facebook ads by contacting the following address: https://www.facebook.com/settings?tab=ads.
  11. XI. FINAL NOTES

    1. You have the right to receive information about the personal data regarding your person, to correct, supplement or delete it at any time. Please use the contact us section for this purpose.
    2. Modsly provides to their Users the realization of their rights resulting from the law about protection of personal data by:
      • the right of access to their personal data and receiving copies or replications of those personal data,
      • the right to rectification (correction) of their personal data,
      • the right to erasure of their personal data (if you consider that there are no compelling legitimate grounds for Modsly to process your personal data you may require the erasure of your personal data).
    3. You may require the restriction of the processing of personal data only where the processing to storage of the personal data or exercising agreed with him activities. If you consider that the data stored by Modsly are inaccurate or Modsly is processing them groundlessly or does not want to delete them because the personal data are necessary for you for the establishment, exercise or defence of legal claims or for the time of lodging an objection to processing the personal data.
    4. Marketing Objection: You have the right to object to the processing of personal data for direct marketing purposes. If you decide to use that right, Modsly shall stop processing your personal data for such purposes.
    5. The right to object, on grounds relating to a particular situation. You have also the right to object against processing of your personal data on the basis of legitimate interest of administrator for purposes other than direct marketing, and also when the processing is for compliance with a legal obligation, for the performance of a task carried out in the public interest or in the exercise of official authority vested in Modsly.
    6. You shall indicate its particular situation which according to it justifies discontinuation of processing its personal data by Modsly according to you’s objection. Modsly shall stop processing your personal data for those purposes unless Modsly shall provide the legitimate grounds for the processing which override your rights or shall provide that of the data subject or for the establishment, exercise or defense of legal claims.
    7. You have the right to receive the personal data concerning its which is provided on the basis of contract or agreement. Those data shall be provided to you, in a structured, commonly used and machine-readable format (eg. text format). You also have the right to transmit those data directly to another subject.
    8. If you claim that Modsly is processing personal data concerning its then it may lodge a complaint with Inspector General for the Protection of Personal Data or with other proper supervisory authority.
    9. You have the right to withdraw his or her consent at any time. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal. Prior to giving consent, the data subject shall be informed thereof.
    10. For the execution of your rights, you may send an e-mail to us at the following e-mail: contact@modsly.com with your claims.
    11. Service Provider may check the identity of a person sending above-mentioned e-mail to be sure who is having those claims. We shall answer to your claim in 30 days from receiving an e-mail. We shall communicate with you via that e-mail that you send to us.
    12. Please be informed that by executing your right of erasing of its personal data you also terminate the contract for providing services electronically, as due to type of services, that Modsly performs, it’s impossible to perform them anonymously.