Privacy Policy
This Privacy Policy (“Policy”) contains information on the processing of your personal data in relation to using the Sway E-commerce shop, operating under the website address: www.sway-polewear.com (“Shop”).
All capitalised terms that have not been defined otherwise in the Policy carry the meaning given to them in the Terms and Conditions to be found under the address: https://www.sway-polewear.com/pages/terms-and-conditions.
Personal Data Administrator
The Administrator of your personal data is Sway Company Sp. z o. o. with the registered office in Gdańsk at Piotra Michałowskiego Street 27/18 (80-300 Gdańsk), entered into the Central Registration and Information on Business entrepreneurs register under the numbers NIP: 5842811090, REGON: 520557757 (“Administrator”).
Contact
In all matters related to the processing of personal data, you can contact the Administrator
via:
a) Email: mail@sway-polewear.com
b) Mail: Sway Polewear, Agata Jurago-Pach, Piotra Michałowskiego Street 27/18 80-300 Gdańsk, Poland
Security
The Administrator has implemented organisational and technical security measures to help safeguard your personal data and guarantees the processing according to the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 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 –“GDPR”).
Personal Data Processing
The usage of the Shop requires the processing of personal data. Below you can find detailed information about the purposes and legal grounds for processing, as well as the period of processing and the obligation or voluntary provision thereof.
| The aim of processing | Processed personal data |
| Conclusion and performance of the Contract for the Provision of Services | 1) name; 1) surname; 2) email address |
Providing the aforementioned personal data is a condition for the conclusion and
performance of the Contract for the Provision of Services (it is voluntary, yet the failure to do so will result in the inability to conclude and perform the aforementioned contract, including creating an Account).
The Administrator will process the aforementioned personal data until the limitation of claims, resulting from the Contract for the Provision of Services.
| The aim of processing | Processed personal data |
|
Concluding and performing the |
1) name; 2) company name (optional); |
Providing the aforementioned personal data is a condition for the conclusion and
performance of the Contract of Sales, Contract for the Supply of Digital Content or Mixed Contract (it is voluntary, yet the failure to do so will result in the inability to conclude and perform the aforementioned Contract or Contracts).
The Administrator will process the aforementioned personal data until the limitation of claims, resulting from the aforementioned Contract or Contracts.
| The aim of processing | Processed personal data |
| Handling complaints procedure | 1) name; 2) surname; 3) email address; 4) phone number; 5) postal address (street name, house number, suite number, town/city, post code, country) |
Providing the aforementioned personal data is a condition for receiving a response to the complaint or exercising the Buyer's rights resulting from the warranty (it is voluntary, yet the failure to do so will result in the inability to receive a response to the complaint and exercise the rights resulting from the warranty).
The Administrator will process the aforementioned personal data for the complaint procedure period (not longer than 14 days), and in case of the exercise of the Consumer rights under the warranty - until they expire.
| The aim of processing | Processed personal data |
| Sending newsletters | 1) name; 1) email address; 2) date of birth (optional) |
Providing your email address is voluntary, yet necessary in order to receive the Newsletter (failure to do so will result in the inability to receive the Newsletter).
The Administrator will process the email address until an objection is effectively raised or the purpose of processing is fulfilled.
| The aim of processing | Processed personal data |
| Sending email notifications (e.g. information about the Order processing) |
1) name; 2) surname; 3) email address |
Providing the aforementioned personal data is voluntary, yet necessary to receive information about activities related to the provision of services (failure to do so will result in the inability to receive the aforementioned information).
The Administrator will process the aforementioned personal data until an objection is effectively raised or the purpose of processing is fulfilled.
| The aim of processing | Processed personal data |
| Servicing contact forms | 1) name; 2) surname; 3) email address |
Providing the aforementioned personal data is voluntary, yet necessary to receive an answer to the inquiry (failure to do so will result in the inability to receive an answer).
The Administrator will process the aforementioned personal data until the consent is withdrawn, but not longer than the response to the inquiry is provided.
| The aim of processing | Processed personal data |
| Fulfilling tax obligations (VAT invoicing, accounting records storage, etc.) |
1) name and surname/company name; 1) address of residence/headquarters; 2) NIP number (optional); 3) Order number |
Providing the aforementioned personal data is voluntary, yet necessary for the
Administrator to fulfill the tax obligations (failure to do so will result in the Administrator's inability to meet the aforementioned obligations).
The Administrator will process the aforementioned personal data for the period of 5 years from the end of the year in which the tax payment deadline for the previous year expired.
| The aim of processing | Processed personal data |
| Fulfilling personal data protection obligations |
1) name; 1) surname; 2) provided contact data (email address, postal address, phone number) |
Providing the aforementioned personal data is voluntary, yet necessary for the
Administrator to properly perform the obligations arising from the protection of personal data provisions, including exercising the rights granted to you by the GDPR (failure to do so will result in the inability to correctly exercise the aforementioned rights).
The Administrator will process the aforementioned personal data until the expiry of the claims limitation due to the violation of the personal data protection provision.
| The aim of processing | Processed personal data |
| Establishing, investigating or defending against claims |
1) name; 1) surname; 2) company; 3) email address; 4) address of residence/headquarters; 5) PESEL/KRS number; 6) NIP number |
Providing the aforementioned personal data is voluntary, yet necessary to establish, investigate or defend against claims that may arise in connection with the performance of Contracts concluded with the Administrator (failure to do so will result in the Administrator's inability to take the aforementioned actions).
The Administrator will process the aforementioned personal data until the expiry of the claims limitation that may arise in connection with the performance of contracts concluded with the Administrator.
| The aim of processing | Processed personal data |
| Analysing activity in the Shop | 1) Date and time of the visit; 1) IP address; 2) Operating system; 3) Approximate location; 4) Web browser; 5) Time spent in the Shop; 6) Viewed Products; 7) Visited subsites and other activities undertaken as a part of the Shop |
Providing the aforementioned personal data is voluntary, yet necessary for the
Administrator to obtain information about your activity in the Shop (failure to do so will result in the Administrator's inability to obtain the aforementioned information).
The Administrator will process the aforementioned personal data until an objection is effectively raised or the purpose of processing is fulfilled.
| The aim of processing | Processed personal data |
| Administrating the Shop | 1) IP address; 1) Server date and time; 2) Web browser; 3) Operating system The data is automatically saved in the server logs each time the Shop is used (administering it without the use of server logs and automatic saving would not be possible). |
Providing the aforementioned personal data is voluntary, yet necessary to ensure the proper operation of the Shop (failure to do so will result in the inability to ensure the Shop’s proper operation).
The Administrator will process the aforementioned personal data until an objection is effectively raised or the purpose of processing is fulfilled.
Profiling
In order to create your profile for marketing purposes and to target you with direct marketing tailored to your preferences, the Administrator will process your personal data automatically, including profiling – it will not however have any legal effects on you, nor will it affect you significantly in any other way.
The scope of the profiled personal data corresponds to the scope indicated above in relation to the analysis of your activity in the Shop and the data that you save on your Account.
The legal foundation for the processing of personal data for the above purpose is Art. 6 section 1 letter f of GDPR, according to which the Administrator may process personal data in order to implement their legitimate interest, in this case, to conduct marketing activities tailored to the preferences of recipients. Providing the aforementioned personal data is voluntary, yet necessary to implement the aforementioned purpose (failure to do so will result
in the Administrator's inability to conduct marketing activities tailored to the preferences of recipients).
The Administrator will process personal data for the purpose of profiling until an objection is effectively raised or the purpose of processing is fulfilled.
Personal Data Recipients
The recipients of personal data will be the following external bodies cooperating with the
Administrator:
a) Hosting provider;
a) Logistic operator and courier;
b) Online payment systems providers;
c) Newsletter service provider;
d) Providers of tools for analysing activity in the Shop and targeting direct marketing at customers (e.g. Google Analytics);
e) Accounting services provider
In addition, personal data may also be passed to public or private bodies, if such an obligation will comply with generally applicable provisions of law, a legally binding court judgment or a legally binding administrative decision.
Transferring data to third countries
In connection with the Administrator's use of tools such as Google Analytics, your personal data may be transferred to the following third countries: USA, Chile, Singapore and Taiwan (Republic of China). The foundation for the transfer of data to the aforementioned third countries are contractual clauses ensuring an adequate level of protection, in line with standard contractual clauses defined in the decision of the European Commission of 5
February 2010 on standard contractual clauses for the transfer of personal data to data processors established in third countries under Directive 95/46/EC of the European Parliament and of the Council.
You can obtain a copy of the data transferred to a third country from the Administrator.
Rights
In connection with personal data processing, you retain the following rights:
1) The right to be informed which of your personal data is processed by the
Administrator and to receive a copy of this data (the right of access). The first copy of the data is free of charge, the Administrator may charge a fee for the subsequent ones;
2) If the processed data becomes outdated or incomplete (or incorrect in any way), you have the right to request its correction;
3) In certain situations, you can ask the Administrator to erase your personal data, e.g. when:
a) the data will no longer be needed by the Administrator for the purposes they
informed about;
b) you have successfully withdrawn your consent to data processing - unless the
Administrator has the right to process the data on a different legal foundation;
c) the processing is unlawful;
d) the need to delete the data results from the legal obligation imposed on the
Administrator
4) When the personal data is processed by the Administrator on the basis of you
consent for processing or for the purpose of performing the Contract concluded with them, you have the right to transfer your data to another administrator;
8) You have the right to file a complaint with the President of the Personal Data Protection Office, if you believe that the personal data processing violates the provisions of the GDPR.
1. The Administrator informs that the Shop uses cookies installed on your terminal device. Cookies are small text files that can be read by the Administrator's system, as
well as by systems belonging to other bodies whose services are used by the Administrator (e.g. Facebook, Google).
b) increasing the comfort of browsing in the Shop - thanks to cookies, it is
possible to detect errors on some subpages and to constantly improve them;
c) producing statistics - cookies are used to analyse the way users operate in the Shop. Thanks to this, it is possible to constantly improve the Shop and adapt its operation to the preferences of users;
d) conducting marketing activities - thanks to cookies, the Administrator can
target users with advertisements tailored to their preferences.
3. The Administrator can place both permanent and temporary (session) files on your device. Session files are usually deleted when the browser is closed, whereas closing
the browser does not delete persistent files.
5. The data collected while using cookies does not allow the Administrator to identify you.
7. The Administrator uses the following cookies or tools that use them:
| TOOL | PROVIDER | FUNCTIONS AND SCOPE OF THE COLLECTED DATA | OPERATION PERIOD |
| Strictly necessary cookies |
Administrat or |
The operation of these files is necessary for the proper functioning of the Shop, so you cannot turn them off. Thanks to these files (collecting, among others, the IP number of your device), it is possible to inform you about cookies operating on the Shop’s website, etc. |
Most of the strictly necessary cookies are session ones, but some remain on your terminal device for a period of 30 minutes to 2 years or until they are deleted. https://www.shopify.com/le gal/cookies; |
| Analytics Google | This tool enables the collection of statistical data on how the Shop is used by Customers, including the number of visits, duration of visits, web browser used, location. The collected data helps to improve the Shop and makes it more customer- friendly. |
Up to 2 years or until they are removed (whichever occurs first) |
|
| Facebook Pixel |
This tool allows us to confirm your visit in the Shop, target the advertisements displayed on your social media (Facebook and Instagram) and measure their effectiveness. |
Up to 3 months or until they are removed (whichever occurs first) |
8. By using the majority of common browsers, you can check whether cookies have been installed on your terminal device, as well as delete installed cookies and block their installation in the future by the Shop. However, disabling or limiting the use of cookies may cause some serious difficulties in using the Shop, e.g. the need to log into each subpage, a longer period of loading the Shop or limitations in the use of certain functionalities.
In the matters not covered by the Policy, generally applicable provisions on the protection of personal data shall apply.
The Policy enters into force from 01.01.2021.