Privacy policy

§ 1. General Provisions

1. This Privacy and Cookie Policy for the website http://www.dragonwinch.us (hereinafter: the “Policy”) has been created and adopted by Dragon Winch sp. z o.o.
2. The terms used in the Policy mean: Website: the website http://www.dragonwinch.us;
   1. User: an entity using the publicly available Website;
   2. Owner: Dragon Winch sp. z o.o., ul. Przemysłowa 24, 32-083 Balice, Poland, NIP (tax ID): 675-14-52-734, REGON: 121522390;
   3. Cookies: text files sent by the Website and stored on the User’s end device used for browsing websites. These files contain information necessary for the proper functioning of the Website. Cookies usually contain the domain name of the website they originate from, their storage time on the end device, and a unique number.
3. The purpose of the Policy is, in particular:
   1. to provide Users with information on the use of Cookies on the Website, as required by law, including the Telecommunications Law;
   2. to ensure Users’ privacy protection to the extent corresponding to the standards and requirements set out in applicable law.
4. The Owner limits the collection and use of information concerning Users to the minimum necessary to provide services to them.
5. In order to gain full access to the content and services offered by the Owner through the Website, it is advisable to accept the rules set out in the Policy. Acceptance may be given through the settings of the software installed on the User’s device or through the configuration of the service.
6. The following legal acts, among others, apply:
   1. the Act of 16 July 2004 – Telecommunications Law (Journal of Laws 2017, item 1907, consolidated text, as amended);
   2. the Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws 2017, item 1219, consolidated text, as amended);
   3. 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) (OJ L 119, 4.5.2016), together with Polish data protection legislation;
   4. the Act of 10 May 2018 on the protection of personal data (Journal of Laws 2019, item 1781, consolidated text).

§ 2. Privacy and Personal Data Protection

1. Data concerning Users is processed by the Owner in accordance with the law. Personal data of Users obtained by the Owner is processed on the basis of the consent given by the User or on another legal basis for processing under the applicable regulations, in particular the Regulation.
2. The Owner exercises particular care to protect the interests of data subjects and, in particular, ensures that the data is:
   1. processed lawfully, fairly and in a transparent manner for Customers and other data subjects;
   2. collected for specified, explicit and legitimate purposes and not further processed in a manner incompatible with those purposes;
   3. adequate, relevant and limited to what is necessary for the purposes for which it is processed;
   4. accurate and, where necessary, kept up to date;
   5. kept in a form which permits identification of the data subject for no longer than is necessary for the purposes for which the data is processed;
   6. processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures.
3. The Owner applies appropriate technical and organisational measures ensuring the protection of the personal data processed, appropriate to the nature, scope, context and purposes of processing and to the risk of infringement of the rights or freedoms of natural persons.
4. The Owner strives to systematically upgrade the IT, technical and organisational measures used to protect this data. In particular, the Owner ensures updates of IT protection measures that safeguard against viruses, unauthorised access and other threats arising from the operation of the IT system and telecommunications networks.
5. The Owner may, in addition to other cases arising from the law, process the following personal data of the Customer necessary to establish, shape the content of, amend or terminate a contract:
   1. surname and first names of the Customer;
   2. permanent residential address;
   3. correspondence address, if different from the residential address;
   4. the right to object to processing or to restrict processing;
   5. the Customer’s e-mail addresses;
   6. telephone number.
6. The Owner may process, with the Customer’s consent and for the purposes of advertising, market research, and research on Customers’ behaviour and preferences (with the results of such research to be used to improve the quality of services provided by the Owner), other data concerning the Customer that is not necessary for the provision of services by electronic means.
7. The Owner ensures that every User who has made their data available to the Owner in any way has access to the data and can exercise other rights of data subjects in accordance with applicable law. In particular, data subjects have:
   1. the right to withdraw consent to the processing of personal data;
   2. the right to information about their personal data;
   3. the right to control the processing of data, including supplementing, updating, rectifying and erasing it;
   4. the right to object to processing or to restrict processing;
   5. the right to lodge a complaint with a supervisory authority and to use other legal remedies to protect their rights.
8. The Owner may process personal data by automated means, including profiling, in accordance with the Regulation. In such a case, the Owner’s purposes are marketing or the personalisation of messages sent to Users (including tailoring information to the User’s needs or expectations). The User has the right to object to such processing of their data. The objection may be expressed by sending a message to the Owner’s address.
9. A person with access to personal data processes it solely on the basis of authorisation from the Owner or a personal data processing agreement, and solely on the Owner’s instructions.
10. In connection with the operation of the Website, the Owner uses the services of other entities, including for the performance of the agreement with the User. Users’ personal data may be transferred to:
    1. a hosting company,
    2. the provider of software used to operate the Website,
    3. an internet service provider,
    4. courier or postal service companies,
    5. an electronic payment platform provider,
    6. the provider of invoicing software,
    7. entities providing accounting services,
    8. a provider of marketing or advertising services.

§ 3. Cookies

1. Cookies identify the User, which allows the content of the website they use to be tailored to their needs. By remembering the User’s preferences, Cookies make it possible to adjust the content directed at the User, including advertisements. The Owner uses Cookies to ensure an appropriate standard of convenience of the Website, and the data collected is used only within the company for the purpose of optimising its activities.
2. Cookies are used to:
   1. adapt the content of the Website to the User’s preferences;
   2. optimise the use of the Website, in particular by recognising the User’s end device;
   3. create statistics;
   4. maintain the User’s session;
   5. deliver advertising content to the User.
3. The Owner processes statistical information about the use of the Website, including session information, IP address, time spent on individual pages and subpages, use of individual service features, and information about the device and web browser. This data is processed pursuant to Article 6(1)(f) of the Regulation, in the legitimate interest of the controller consisting in facilitating use of the Website and improving the quality and functionality of the services provided, and the processing of this data does not infringe the rights and freedoms of Users. Information about Users is not used for any additional purposes.
4. This data is processed as part of the Owner’s ongoing activities, but for no longer than 60 days from receipt of the information. After that time, the Owner may continue to process general statistical data, which will be stripped of any information relating to individual Users.
5. Please note that in some cases the software installed by the User on the end device for browsing websites (e.g. a web browser) stores Cookies on the User’s end device by default. Users may change their Cookie settings at any time. These settings may be changed, among other things, so as to block the automatic placement of Cookies or to notify the User each time Cookies are placed on their end device. Detailed information on this subject is available in the settings and documentation of the software (web browser).
6. The User may at any time disable or re-enable the collection of Cookies by changing the settings of their device and web browser regarding the use of Cookies or other similar technologies.
7. Changing the settings constitutes an objection, which may in the future cause difficulties in using the Website. Completely disabling Cookies will not make it impossible to browse the content published on the Website, except for content that requires logging in.
8. Failure to change the settings means that data will be placed on the User’s end device (use of the Website will result in the automatic placement of Cookies on the User’s end device).
9. Cookies are stored on the User’s devices for no longer than 12 months.
10. The data stored on the User’s end device does not cause configuration changes in the User’s end device or in the software installed on that device.
11. The information regarding Cookies also applies to other similar technologies used within the Website.

§ 4. Complaints

1. Complaints may be submitted to the Owner in electronic form at: [email protected].
2. Out-of-court methods of handling complaints and pursuing claims in legal relations with Consumers are available, including:
   1. the possibility of resolving disputes electronically via the ODR (online dispute resolution) platform, available at: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN;
   2. the possibility of amicable proceedings before a common court or other bodies.
3. The Owner undertakes to consider a complaint within 14 days.
4. If a complaint is upheld, the Owner will take appropriate action.
5. For the purpose of handling complaints, the Owner processes the personal data of Users who submit complaints, in particular their e-mail address, first name, surname, the content of the complaint, the circumstances of the event giving rise to the complaint, and information obtained in the course of handling the complaint, including in clarifying the event that gave rise to it. In the course of handling a complaint, the Owner may process a range of other information, including information on the User’s use of the Services, cookies or other similar technologies, and information about devices. This data is processed pursuant to Article 6(1)(b) of the Regulation for the purpose of handling the complaint, and is processed for the time necessary to handle the complaint and, after the complaint procedure has ended, for archiving purposes in accordance with the Accounting Act and, where necessary, for defence against potential claims against the service provider.
6. If proceedings are initiated to clarify a possible violation of the provisions of the Terms and Conditions, the Policy, or the law, the principles of social coexistence or good practice, the Owner may process the User’s personal data until the proceedings have ended and until the limitation period for claims expires, which is usually 3 years but may be longer in specific cases provided for by law. This data will then be processed, including disclosed, pursuant to Article 6(1)(f) of the Regulation, i.e. in the legitimate interest of the controller consisting in pursuing its claims against the User. The controller’s legitimate interest will then take precedence over the User’s rights and freedoms.

§ 5. Final Provisions

1. The Policy was adopted by order of the Owner and enters into force on 14 April 2020. Amendments to the Policy may be made in the same manner.
2. Any deviations from the Policy require written form under pain of nullity.
3. The law applicable to the Policy is the law of the Republic of Poland.
4. In matters not regulated in the Policy, the relevant provisions of law shall apply.