Privacy Policy

Privacy policy of Sculpturest.com

current as of […]

§ 1

Terms used

Below you will find definitions of all important terms used in this Privacy Policy. These terms are written to distinguish them from other words with a capital letter. Their meaning will apply whether they are written in plural or singular. The list of terms includes:

  1. Administrator – Legacy Landmarks IBMT Spółka z ograniczoną odpowiedzialnością spółka komandytowa (limited liability company limited partnership) with its registered office in Błonie, address:  Maszynowa 1 Street, 55-330 Błonie, entered in the register of businesses kept by the District Court for Wrocław-Fabryczna in Wrocław, IX Commercial Division of the National Court Registry under number KRS 0000448826, REGON 02207759200000, NIP 9131615600, represented by IBMT Spółka z ograniczoną odpowiedzialnością (limited liability company), acting as a general partner thereof, entered in the register of businesses kept by the District Court for Wrocław-Fabryczna in Wrocław, IX Commercial Division of the National Court Registry, under number KRS 0000264949, REGON 10025958000000, NIP 8943043435;
  2. Order Form – a form that allows User to submit Order in particular by adding Products to the electronic shopping cart, specifying the method of delivery and payment as well as other conditions of the Sales Agreement by using the form provided by the Administrator in electronic form on the Website;
  3. Account – an individual and unique User account created by the User on the Website, that includes the following data: user name (login) and password to access the account, name and surname, address for delivery, contact e-mail, previous Orders (history of Orders), or other data indicated in account form. The Account simplifies the ordering process.  Creating an Account is not obligatory;
  4. Newsletter – a service offered by the Administrator via the Website consists in sending (distribution) information to users who have previously gave their consent to it. This information may concern: news and current promotions on the Website; Services; Products; Administrator or Website; and they can be directed via e-mail e-mail or in any other form previously chosen and approved by the User;
  5. Cookies – text data collected in the form of small files saved on the User’s device resulting from the use of the Website;
  6. Privacy Policy – this document;
  7. Product – products and / or services offered for sale by the Administrator available for purchase via the Website at the price specified on the Website;
  8. Website – a website with an online store kept by the Administrator at www.sculpturest.com ;
  9. Party – Administrator or User;
  10. Service – a free electronic service provided by the Administrator to Users via Website, which enables:
  1. browsing, cataloging and searching for Products offered on the Website by the User;
  2. placing an Order and concluding a Sales Agreement;
  3. setting up and maintaining an Account;
  4. using the Newsletter
  5. using other services provided by Administrator not mentioned in these Terms of Use;
  1. User a person using the Services offered on the Website, including
  2. Order – a statement made by the User via Service in electronic form containing the consent to the delivery of the Product, specifying the type and number of copies of the Product, form of payment, method of delivery and any other information necessary to conclude a Sales Agreement (available in the form);
  3. Sales Agreement – a sale agreement concluded between the User and the Administrator via the Website, under which the Administrator sells the Product to the User in exchange for a fixed price.

§ 2

Processing rules and data protection

This Privacy Policy sets out the rules for the processing and protection of personal data provided by the User in order to:

  1. presenting information regarding the business activity conducted by the Administrator (offering Services);
  2. contact with the User by the Administrator;
  3. enable the User:
  1. creating an Account on the Website;
  2. placing an Order via the Website;
  3. making a complaint via the Website;
  1. execution of the Order by the Administrator and delivery of the Product;
  2. informing the User about the status of the Order on a current basis;
  3. consideration of complaints submitted by Users;
  4. return of the Product by the User;
  5. sending the User information about offered Products and other marketing information in the form of a Newsletter, if the User has agreed to receive this kind of information.

§ 3

The legal basis for data processing.

The User’s personal data is processed 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) (Journal of Laws UE. L 2016 No. 119, p. 1), hereinafter referred to as the GDPR, and the polish Act of 18 July 2002 on the provision of electronic services (i.e. Journal of Laws of 2020, item 344 with further amended).

§ 4

Safety

  1. The Administrator makes every effort to ensure that the processing of personal data of User is carried out in a safe manner, ensuring the protection of the User’s privacy.
  2. The Administrator undertakes to immediately inform the User when the User’s data is at risk. The administrator will provide to User all information regarding the risk. The risk mentioned above is understood as unauthorized access to User’s data or the risk of such access.

§ 5

Processed sata (types)

  1. When providing Services, the Administrator may processes the following personal data of the User or data of the the Order:
  1. first name and last name;
  2. company name (optionally)
  3. contact telephone number (for delivery purposes only – optionally);
  4. e-mail adress;
  5. username (when Account is created);
  6. address for correspondence or delivery;
  7. special information related to the Order (e.g. personalization of the Product such as color, pattern, size, material, type of packing or other data according to the Product if available and agreed by the Parties);
  8. selected payment method;
  9. selected delivery method;
  10. order number and/or tracking number;
  11. user’s bank account number (for a refund if provided by the user);
  12. other comments about the Order.
  1. Providing by the User some or all of the information mentioned above (depends on the type of the Order or the Product) is necessary for the proper delivery of the Product by the Administrator under the Sales Agreement concluded by the Parties (Article 6 (1) (b) of the GDPR), as well as for the provision of other Services related to the Administrator’s activity on on the basis of the consent granted by the User (Article 6 (1) (a) of the GDPR).
  2. Some of the information mentioned above are optionally and are not necessary but may be helpful in Order’s fulfilment. Data are always marked as necessary or optionally by the Administrator on the Website or during processing the Order.
  3. The Administrator processes the User’s personal data referred to in point 1 above, also for the purpose of conducting statistical measurements (Article 6 (1) (f) of the GDPR), which result from legitimate interests pursued by the Administrator until the User’s effective objection.
  4. Providing data mentioned in point 1 above by the User occurs via the Order form on the Website or as a part of entering data via the Account.
  5. In a situation when the User has created an Account, the order form is automatically completed with the data listed in point 1 above. The User has the right to change those data each time.
  6. Failure to provide the obligatory data referred to in point 1 above may result in the inability to complete the Order or inability to provide other Services.
  7. The User independently and freely provides the data referred to in point 1 above, after prior consent and acceptance of the Terms of Service and this Privacy Policy.
  8. The Administrator does not transfer the User’s personal data to third parties, except for the Administrator’s employees, his associates and other entities cooperating with the Administrator to the extent that it is necessary to perform the Order and / or provide other Services.
  9. The Administrator does not process personal data of the User during presenting business activities of the Administrator.
  10. The Administrator processes the User’s personal data also when he contacts the User on the terms described in the Regulations or this Privacy Policy.

§ 6

Proper use of the Service

  1. The User is obliged to use the Website in accordance with the principles of social coexistence and with respect to the copyright of the content made available to him.
  2. The User may not provide the Administrator illegal content.
  3. In the event of any infringement of the copyright of the content made available to the User by the Administrator, the User is responsible for the damage caused to the Administrator.

§ 7

Access to the data

  1. The User has:
  1. the right to access the content of the provided data;
  2. the right to rectification those data;
  3. the right to request removal and restriction of data processing,
  4. the right to transfer data,
  5. the right to object,
  6. the right to withdraw consent, at any time, without affecting the lawfulness with of processing based on consent before its withdrawal;
  7. the right to lodge a complaint with a supervisory authority.
  1. The Administrator stores the Order Form filled in by the User and other documents containing the User’s personal data for the period of time necessary to perform the Order or for the provision of other Services.
  2. When the User does not have an Account, the period of storing the User’s personal data covers the time necessary for the execution of the Order and for the time necessary for the asserting the rights related to the Order, not more than three years from the date of submit the Order.

§ 8

Purpose of collecting and processing Cookies

  1. The Administrator collects and processes information contained in the Cookies.
  2. Cookies are used for the following purposes:
  1. Marketing and advertising – for marketing purposes, providing the Newsletter service, offering Products to Users;
  2. Optimizing – means using the Website pages by, among others the ability to recognize the Website User’s device and display the Website properly, in a manner adapted to the individual needs and preferences of the User;
  3. Session – maintaining the Website User’s session (after logging in or using the Website). In such a situation, the User does not have to re-enter the login and password on each subpage of the Website (if applicable);
  4. Statistics and improvement – creating and processing statistical data (e.g. visit statistics, device statistics, behavior statistics) that allow improving the structure and content of the Website based on the manner in which Users use the Website;
  5. Social services – the Administrator and external websites or external service providers may use Cookies to support social media services;
  6. Saving the User’s preferences – adapting the content of the Website pages to the User’s preferences.

§ 9

Types of Cookies

The following types of Cookies may be used on the Website:

  1. Session Cookies – files placed and read from the User’s device by the Website or external Websites during one session of a given device – after the session ends, the files are removed from the User’s device;
  2. Persistent Cookies – files placed and read from the User’s device by the Website or external websites until they are manually deleted. Files are not deleted automatically after the end of the device session, unless the configuration of the User’s device is set to the mode of deleting Cookies after the end of the device session;
  3. Internal Cookies – files uploaded and read from the User’s device by the Website’s IT system;
  4. “Necessary” cookies – files enabling the use of services available on the Website, eg authentication Cookies used for services that require authentication on the Website;
  5. Security” cookies – files used to ensure security, eg used to detect fraud in the field of authentication on the Website;
  6. “Performance” cookies – files enabling the collection of information on the use of the Website pages;
  7. “Functional” cookies – files that allow you to remember the settings selected by the User and personalize the User’s interface, eg in terms of the selected language or region of the User, font size, website appearance, etc.;
  8. Advertising cookies – files enabling the provision of advertising content to Users tailored to their interests and needs.

§ 10

External websites that use Cookies

  1. As part of the Website, the Administrator cooperates with the following external websites or services that may place Cookies on User’s devices:
  1. Google AdWords;
  2. Google Analytics;
  3. Google MyBussines;
  4. Google Search Console;
  5. Facebook Pixel.
  1. The service providers described above are exemplary and may be different from those indicated above. The User has the right to receive data about those service providers.

§ 11

Complaint

  1. The User has the right to make a complaint in connection with the technical aspects of the functioning of the Website or related to the processing of data, including User’s data.
  2. The e-mail address for submitting the complaint is: help@sculpturest.com
  3. The complaint should contain a short description of the problem and the exact time of its occurrence.
  4. Complaints should be sent via e-mail using the e-mail address indicated on the Website.
  5. The Administrator is obliged to consider the User’s complaint within 30 days of its receipt and to inform the User about its results.
  6. The Administrator does not consider the complaint if it was filed after 14 days from the date of finding the irregularity or does not contain data enabling the correct consideration of the complaint or when it has been re-reported in the case already considered by the Administrator.

§ 12

Additional information

  1. The User has the right to make a complaint to the Personal Data Protection Office (supervisory authority) against the Administrator’s actions related to the processing of personal data.
  2. The Administrator does not profile the User’s personal data and does not transfer such personal data to entities in third countries or international organizations.
  3. The Administrator reserves the right to make changes to the Privacy Policy, due to the need to: adapt it to the development of Internet technology, changes in the law in the field of personal data protection and the development of the Website itself.
  4. The Administrator is obliged to inform the User of any changes in Privacy Policy in a visible and understandable manner.
  5. The Administrator will inform the User about any changes to the provisions of the Privacy Policy on the website and via e-mail sent to the e-mail address provided by the User.