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    •  WEBSITE PRIVACY POLICY (working title LMF)

    TABLE OF CONTENTS: 

    1. GENERAL PROVISIONS 
    2. BASIS FOR DATA PROCESSING 
    3. PURPOSE, BASIS AND DURATION OF DATA PROCESSING ON THE WEBSITE 
    4. RECIPIENTS OF DATA ON THE WEBSITE 
    5. PROFILING ON A WEBSITE 
    6. RIGHTS OF THE DATA SUBJECT 
    7. COOKIES ON THE WEBSITE AND ANALYTICS 
    8. FINAL PROVISIONS 

     


    •  GENERAL PROVISIONS

    1. This privacy policy of the Internet Website is for information purposes only, which means that it does not constitute any obligation for the Users of the Website. The privacy policy primarily contains rules concerning the processing of personal data by the Administrator in the Website, including the grounds, purposes and duration of personal data processing and the rights of data subjects, as well as information concerning the use of cookies and analytical tools in the Website.
    2. The administrator of the personal data collected through the Website is LoveMyFeet company with its registered office in xxxxxxxx (registered and correspondence address: xxxxxxxxx, xxxxxxxxx, xxxxxxxxx, entered in the register of business activities for xxxxxxxxxxxxxxx maintained by xxxxxxxxxx under the number xxxxxxxxxx, possessing the following e-mail address: xxxxxxxxxx – hereinafter referred to as “Administrator” and being at the same time the Internet Service Provider.
    3. The use of the Website, including the conclusion of contracts, is voluntary. Similarly, the related provision of personal data by the User using the Website is voluntary, subject to two exceptions: (1) conclusion of agreements with the Administrator-failure to provide in the cases and in the scope indicated on the Website and in the Terms and conditions of the Website and this privacy policy personal data necessary to conclude and perform an agreement for provision of Electronic Services or any other agreement with the Administrator results in the impossibility of concluding that agreement. Providing personal data in such a case is a contractual requirement and if the data subject wants to conclude a given agreement with the Administrator, he/she is obliged to provide the required data. Each time, the scope of data required to conclude an agreement is indicated beforehand on the Website (before using a given functionality) and in the Terms and conditions of the Website; (2) the Administrator’s statutory obligations – providing personal data is a statutory requirement resulting from universally applied legal regulations imposing an obligation to process personal data on the Administrator (e.g. processing of data for accounting purposes) and failure to provide such data will prevent the Administrator from fulfilling these obligations.
    4. The Administrator shall use his/her best efforts to protect the interests of the persons whose personal data he/she processes, and in particular shall be responsible for and ensure that the data he/she collects are (1) processed lawfully; (2) collected for specified, legitimate purposes and not subject to further processing incompatible with those purposes; (3) substantively correct and adequate in relation to the purposes for which they are processed; (4) kept in a form which permits identification of data subjects for no longer than it is necessary to achieve the purpose of processing and (5) processed in a manner which ensures appropriate security of personal data, including protection against unauthorised or unlawful processing and accidental loss, destruction or damage, by means of appropriate technical or organisational measures. 
    5. Having regard to the nature, scope, context and purposes of the processing and the risk of violation of the rights or freedoms of natural persons of varying probability and seriousness, the Administrator shall implement appropriate technical and organisational measures to ensure that the processing is carried out in accordance with the applicable data protection legislation and to be able to demonstrate it. These measures shall be reviewed and updated as necessary. The Administrator shall apply technical measures to prevent unauthorised persons from acquiring and modifying personal data transmitted electronically.
    6. All words, phrases and acronyms appearing in this privacy policy and beginning with a capital letter (e.g. Service Provider, Website, Electronic Service) shall be understood as defined in the Website Terms and Conditions available on the Website.

    • BASIS FOR DATA PROCESSING

    1. The Administrator shall be entitled to process personal data where, and to the extent that, at least one of the following conditions is fulfilled: (1) the data subject has given his or her consent to the processing of his or her personal data for one or more specified purposes; (2) processing is necessary for the performance of a contract to which the data subject is a party or in order to take steps at the request of the data subject prior to entering into a contract; (3) processing is necessary for compliance with a legal obligation to which the Administrator is the subject; or (4) processing is necessary for the purposes of legitimate interests pursued by the Administrator or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data.

    2. The processing of personal data by the Administrator requires in each case the existence of at least one of the basis indicated in point 2.1 of the privacy policy. Specific basis for processing personal data of the Internet Service Users by the Administrator are indicated in the next point of the privacy policy – with reference to a given purpose of personal data processing by the Administrator.

    • PURPOSE, BASIS AND DURATION OF DATA PROCESSING ON THE WEBSITE

    1. Each time, the purpose, basis and period as well as the recipients of the personal data processed by the Administrator result from the activities undertaken by the respective User on the Website.

    2. Due to the nature and subject matter of lovemyfeet.net and the purpose of some of its functionalities, the Administrator informs that the User’s personal data processed during the use of the Website may belong to the so-called sensitive personal data (e.g. data concerning sexuality, including orientation and other sexual preferences disclosed by the User). These data are always provided by the User voluntarily in order to use specific functionalities of the Website (e.g. maintaining the Profile) or during private correspondence with other Users (including via the Chat). The User decides independently and voluntarily about providing this data and the scope of information that he discloses about himself in lovemyfeet.net both to the Administrator and to the other Users with whom he interacts.

    3. The Administrator may process personal data on the Website for the following purposes, on the following grounds and for the following duration: 

     

    Purpose of data processing

    Basis for data processing

    Period of data storage

    The User registers an Account or uses other Electronic Services and functionalities provided on the Website and provides personal data necessary to use these functionalities

    Conclusion or performance of a contract – processing is necessary for the performance of a contract to which the data subject is a party or to take steps at the request of the data subject prior to entering into a contract (e.g. contract for the provision of Electronic Services)

    The data shall be stored for the period necessary to perform, terminate or otherwise expire the contract concluded with the Administrator.

    Direct marketing

    Legitimate interest of the Administrator – processing is necessary for purposes deriving from the Administrator’s

    legitimate interests, consisting of taking care of the Administrator’s interests and good image, his Website and striving to provide Electronic Services

    The data shall be stored for the period of existence of the legally justified interest pursued by the Administrator, however, no longer than for the period of the statute of limitations of the Administrator’s claims against the data subject on account of the Administrator’s business activities.

     The period of limitation shall be determined by law, in particular by Polish law (the basic limitation period for claims related to business activities is three years).

    The controller may not process the data for direct marketing purposes in the event of an effective objection to this effect by the data subject.

    Marketing 

    Consent given by the User – the data subject has consented to the processing of his/her personal data for marketing purposes by the Administrator

    The data shall be stored until the data subject withdraws his or her consent to further processing for this purpose.

    Keeping the accounts

    Legal obligation carried out by the Administrator – processing is necessary for compliance with a legal obligation to which the Administrator is subject

    The data shall be stored for the period required by law instructing the Administrator to store accounting records, until the expiry of the limitation period for tax liabilities, unless otherwise provided by tax laws or other regulations.

    Determining, pursuing or defending claims which the Administrator may assert or which may be asserted against the Administrator

    Legitimate interest of the Administrator – processing is necessary for purposes deriving from the Administrator’s legitimate interests consisting of determining, asserting or defending claims which the Administrator can raise or which may be raised against the Administrator

    The data shall be stored for the period of existence of the legally justified interest pursued by the Administrator, however no longer than for the period of limitation of claims that may be raised against the Administrator (the basic limitation period for claims against the Administrator amounts to six years in accordance with Polish law).

    Using the Website and ensuring that it works properly

    Legitimate interest of the Administrator – processing is necessary for purposes resulting from the Administrator’s legitimate interests, consisting of running and maintaining the Website

    The data shall be stored for the period of existence of a legitimate interest pursued by the Administrator, however, not longer than the period of limitation of the Administrator’s claims against the data subject on account of the Administrator’s business activities. The period of limitation shall be determined by law, in particular by Polish law (the basic limitation period for claims related to business activities is three years).

    Keeping statistics and analysing traffic on the Website

    Legitimate interest of the Administrator – processing is necessary for the purposes resulting from the Administrator’s legitimate interests, consisting of conducting statistics and analysis of traffic on the Website in order to improve the functioning of the Website and increase the range of provided Electronic Services

    The data shall be stored for the period of existence of a legitimate interest pursued by the Administrator, however, not longer than the period of limitation of the Administrator’s claims against the data subject on account of the Administrator’s business activities. The period of limitation shall be determined by law, in particular by Polish law (the basic limitation period for claims related to business activities is three years).


    • RECIPIENTS OF DATA ON THE WEBSITE

    1. For the proper functioning of the Website, including the proper provision of Electronic Services by the Administrator, it is necessary for the Administrator to use the services of external entities (e.g. software provider, payment service provider). The Administrator shall only use the services of such processors who provide sufficient guarantees for the implementation of appropriate technical and organisational measures so that the processing meets the requirements of applicable provisions on personal data protection and protects the rights of data subjects. 

    2. Personal data may be transferred by the Administrator to a third country, whereby the Administrator shall ensure that, in such case, this shall be done in relation to a country ensuring an adequate level of protection and, in the absence of an appropriate decision certifying its adequacy, at least on the basis of standard data protection clauses, in accordance with the relevant provisions of the data protection legislation, and the data subject shall be provided with a copy of their data. The Administrator shall transfer the collected personal data only if and to the extent that is necessary for the specific purpose of the processing in accordance with this privacy policy. 

    3. Transfer of data by the Administrator does not take place in every case and not to all recipients or categories of recipients indicated in the privacy policy – the Administrator transfers data only if it is necessary for the realization of a given purpose of personal data processing and only to the extent necessary for its realization.

    4. Personal data of the Users of the Website may be transferred to the following recipients or categories of recipients:

      1. entities servicing electronic or credit card payments – in the case of a User who uses the Website using electronic or credit card payment methods, the Administrator shall make available the collected personal data of the User to a selected entity servicing the aforementioned payments in the Internet Service at the request of the Administrator to the extent necessary to handle the payment made by the User.

      2. service providers supplying the Administrator with technical, IT and organisational solutions enabling the Administrator to conduct its business activity, including the Internet Service and Electronic Services provided by means of it (in particular, providers of computer software for running the Website, e-mail and hosting providers, as well as providers of business management and technical support software for the Administrator) – the Administrator shall make the collected personal data of the User available to the chosen provider acting on its behalf only in the case and to the extent necessary for the accomplishment of a given purpose of data processing compliant with this privacy policy.

      3. providers of accounting, legal and advisory services providing accounting, legal or advisory support to the Administrator (in particular an accounting office, a law firm or a debt collection agency) – the Administrator shall make the collected personal data of the User available to the selected provider acting on its behalf only in the case and to the extent necessary to carry out the given purpose of data processing in accordance with this privacy policy.

      4. providers of social plug-ins, scripts and other similar tools placed on the Website that enable the browser of a visitor to the Website to retrieve content from the providers of these plug-ins (e.g. logging in with the social network login data) and to transmit the visitor’s personal data to these providers for this purpose, including:
    1. Facebook Ireland Ltd. – The Administrator may use Facebook social plug-ins on the Website (e.g. Like button, Share or login using Facebook login data) and therefore collects and makes available personal data of the User using the Website to Facebook Ireland Ltd. (4 Grand Canal Square, Grand Canal Harbour, Dublin 2 Ireland) to the extent and in accordance with the privacy policy available here: https://www.facebook.com/about/privacy/ (this data includes information about the user’s activities on the Website – including device information, sites visited, purchases, adverts displayed and use of services – regardless of whether the user has a Facebook account and is logged into Facebook).

    • PROFILING ON A WEBSITE

    1. The Administrator shall provide in this section of the privacy policy information on possible automated decision-making in relation to the User, including profiling, as well as information on the significance and foreseeable consequences of such data processing for the data subject.

    2. The Administrator may use profiling on the Website for direct marketing purposes, but decisions made on its basis by the Administrator do not concern conclusion or refusal of an agreement or the possibility to use Electronic Services on the Website. The use of profiling on the Website may result, for example, in the granting of a discount to the person concerned, a reminder of unfinished actions on the Website, the sending of a proposal of a Product which may correspond to the person’s interests or preferences, or the offering of better conditions in comparison with the standard offer of the Website. Despite the profiling, it is the individual who freely decides whether he or she wishes to make use of the discount or offer of the Administrator received in this way.

    3. Profiling on the Website consists in automatic analysis or prediction of a given person’s behaviour on the Website, e.g. through analysis of the previous history of activities undertaken on the Website, including the history of concluded Transactions and purchases made. The condition of such profiling is possession by the Administrator of the given person’s personal data in order to be able to send him/her e.g. a discount or an offer. 

    4. The data subject shall have the right not to be subject to a decision which is based solely on automated processing, including profiling, and produces legal effects concerning that person or significantly affects him/her in a similar manner.

    • RIGHTS OF THE DATA SUBJECT

    1. Right of access, rectification, limitation, removal or portability – The data subject has the right to request from the Administrator access to his/her personal data, rectification, removal (“the right to be forgotten”) or limitation of processing and has the right to object to processing and has the right to data portability.

    2. Right to withdraw consent at any time – the person whose data is processed by the Administrator on the basis of his/her previously expressed consent has the right to withdraw consent at any time without affecting the legality of the processing performed on the basis of consent before its withdrawal.

    3. Right to lodge a complaint with a supervisory authority – the person whose data are processed by the Administrator has the right to lodge a complaint with a supervisory authority in charge of supervising the application of the provisions on personal data protection, in particular in the country of the person’s habitual residence or in the country of the Administrator’s registered office.

    4. Right to object – The data subject shall have the right to object at any time, on grounds relating to his or her particular situation, to the processing of personal data concerning him or her which is based on a public interest or task or a legitimate interest of the Administrator, including profiling on the basis of those provisions. The Administrator shall in that case no longer be permitted to process those personal data unless the Administrator demonstrates compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or grounds for the establishment, assertion or defence of claims.

    5. Right to object to direct marketing – where personal data is processed for the purposes of direct marketing, the data subject shall have the right to object at any time to the processing of personal data concerning him or her for such marketing, including profiling, insofar as the processing is related to such direct marketing.

    6. In order to exercise the rights referred to in this section of the privacy policy, you may contact the Administrator by sending a relevant message in writing or by e-mail to the Administrator’s address indicated at the beginning of the privacy policy.

    • COOKIES ON THE WEBSITE AND ANALYTICS

    1. Cookies are small information in the form of text files sent by a server and stored on the website visitor’s side (e.g. on the hard drive of a computer, laptop or smartphone memory card – depending on the device used by the website visitor). Detailed information on cookies, as well as the history of their creation can be found, among others, here: https://pl.wikipedia.org/wiki/HTTP_cookie.

    1. The Cookies that may be sent by the Website can be divided into different types, according to the following criteria:

    Due to their supplier:

    1. own (created by the Administrator’s website) and
    2. belonging to third parties (other than the Administrator)

    Due to their storage period on the device of the visitor to the Website:

    1. session (stored until you log out of the Website or close your web browser) and 
    2. permanent (stored for a specific period defined by the parameters of each file or until manually deleted)

    Due to the purpose of their use:

    1. necessary (enabling the proper functioning of the Website),  
    2. functional/preferential (enabling the website to adapt to the visitor’s preferences),
    3. analytical and performance (gathering information about how the Website is used),
    4. marketing, advertising and social networking (collecting information about a visitor to a Website in order to display personalised advertising to that person and to conduct other marketing activities, including on websites separate from the Website, such as social networking sites)

     

    1. The Administrator may process the data contained in Cookies when visitors use the Website for the following specific purposes:

    Purposes of using cookies on the Administrator’s website

    identifying Users as logged in to the Website and showing that they are logged in (essential cookies)

    storing data from completed forms, surveys or login data to the Website (essential and/or functional/preferential cookies)

    adapting the content of the Website to individual User preferences (e.g. concerning colours, font size, page layout) and optimising the use of the Website’s pages (functional/preferential cookies)

    conducting anonymous statistics on the use of the Website (analytical and performance cookies)

    remarketing, i.e. studying the behavioural characteristics of visitors to the Website by analysing their actions anonymously (e.g. repeated visits to specific pages, keywords, etc.) in order to create their profile and provide them with advertising matched to their predicted interests, also when they visit other websites in the advertising network of Google Ireland Ltd. and Facebook Ireland Ltd. (marketing, advertising and social networking cookies)

     

    1. Checking in the most popular web browsers which cookies (including the functioning period of cookies and their provider) are sent at a given moment by the Website is possible in the following way:

     

    In the Chrome browser:

    (1) in the address bar, click on the lock icon on the left, (2) go to the “Cookies” tab

    In the Firefox browser:

    (1) in the address bar, click on the shield icon on the left, (2) go to the “Allowed” or “Blocked” tab, (3) click on the box “Tracking cookies between sites”, “Social media tracking elements” or “Content with tracking elements”

    In the Internet Explorer:

    (1) click the “Tools” menu, (2) go to the “Internet Options” tab, (3) go to the “General” tab, (4) go to the “Settings” tab, (5) click the “View Files” box

    In the Opera browser:

    (1) in the address bar click on the lock icon on the left, (2) go to the “Cookies” tab

    In the Safari browser:

    (1) click the “Preferences” menu, (2) go to the “Privacy” tab, (3) click in the “Manage site data” box

    Irrespective of the browser, using the tools available, for example, at: https://www.cookiemetrix.com/  or: https://www.cookie-checker.com/

     

    1. Standardly, most web browsers available on the market accept the storage of cookies by default. Each user has the possibility to determine the conditions for the use of cookies via his/her browser settings. This means that you can, for example, partially restrict (e.g. temporarily) or completely block the possibility of storing cookies – in the latter case, however, this may have an impact on certain functionalities of the Website.

    2. Browser settings concerning cookies are important from the point of view of your consent to the use of cookies by our Website – in accordance with the regulations, such consent may also be expressed through your browser settings. Detailed information on how to change the settings for cookies and how to delete them yourself in the most popular web browsers is available in the help section of your web browser and on the following pages (just click on the link):

    in the Chrome browser 

    in the Firefox browser

    in the Internet Explorer browser

    in the Opera browser

    in the Safari browser

    in the Microsoft Edge browser

    1. The Administrator may use Google Analytics and Universal Analytics services on the Website provided by Google Ireland Limited (Gordon House, Barrow Street, Dublin 4, Ireland). These services help the Administrator keep statistics and analyse traffic on the Website. The data collected is processed by the above services to generate statistics that help in administering the Website and analysing Website traffic. The data is of an aggregate nature. When using the above services on the Website, the Administrator collects such data as sources and medium of obtaining visitors to the Website and their behaviour on the Website, information on the devices and browsers from which they visit the Website, IP and domain, geographical data and demographic data (age, gender) and interests.

    2. It is possible for the person concerned to easily block the provision of information to Google Analytics about his or her activities on the Website – for this purpose, you can, for example, install a browser add-on provided by Google Ireland Ltd. available here: https://tools.google.com/dlpage/gaoptout?hl=pl.

    • FINAL PROVISIONS

    The Website may contain links to other websites. The Administrator urges users to familiarise themselves with the privacy policy of other websites after having visited them. This privacy policy applies only to the Administrator’s website.



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