1. General Provisions
1.1The controller of your personal data within the meaning of the Personal Data Protection Act is AWILUX Polska Sp. z o.o. Sp.k. based in Leszno at the address: ul. Budowlanych 9, 64-100 Leszno, entered into the Business Register kept by the District Court for Poznań - Nowe Miasto i Wilda, 9th Commercial Division, under KRS number 0000261175, VAT No: 6972187992 (hereinafter: “AWILUX”). This means that we are responsible for the use of your data in a safe manner and in accordance with applicable regulations, in particular with Regulation of the European Parliament and of the Council (EU) 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and the repeal of Directive 95/46/EC (General Data Protection Regulation) (OJ EU L 119, p. 1), hereinafter “GDPR”.
2. Purpose and legal basis of personal data processing
2.1. Personal data collected from you by AWILUX are processed for the following purposes depending on the situation, in which the data are given:
a. execution and performance of agreements concluded with AWILUX (regardless of the form of conclusion: in writing or through the use of our services electronically via the website) - to the extent necessary to create, develop, modify, terminate and properly implement the agreement;
b. performance of our legal obligations, e.g. issuing and storage of invoices and accounting documents, responding to complaints, implementation of obligations under the warranty for defects in products, ensuring the safety of services provided;
c. determination, defence and redress;
d. direct marketing concerning the products and services offered by AWILUX;
e. creating internal reports, analyses and statistics for AWILUX, including in particular reporting, marketing research, advertising targeting, remarketing, service development planning, development of information systems, statistical modeling; evaluation of the functioning the website of AWILUX, including page viewing statistics;
f. If you agree to receive electronic business information from AWILUX, your personal data will be processed by us also in order to provide you with information about our services, offers and events organised by us, as well as information on products and services of entities cooperating with us (with your explicit consent).
2.3. To the extent that the processing of your personal data is necessary for the purposes of:
a. performance of the agreement concluded with you or any actions at your request before the conclusion of the agreement - the legal basis for the processing of your personal data by AWILUX is the agreement;
b. fulfill the legal obligation incumbent on us - the legal basis for this is a legal obligation;
c. achieve legitimate interests pursued by AWILUX, i.e. for the purpose of direct marketing of our products and services, fraud prevention or investigation and defence of claims - the legal basis is the legitimate interest of AWILUX.
2.4 If the use of your data is not necessary to perform the agreement, fulfill a legal obligation or achieve our legitimate interests, we may ask for consent to certain uses of your data. Consent may be granted in the form of selecting a checkbox in our website, selecting technical settings to use the services of the information society, or making other statement or behaviour that in a given context clearly indicates that you accept the proposed processing of personal data. You can withdraw your consent at any time (this will not affect the legality of the use of your data before withdrawal of such consent).
2.5. Providing for your personal data is not compulsory, but without it AWILUX will not be able to perform activities for which the data are required.
2.6. Based on your personal data AWILUX will not take any automated decisions concerning you, including decisions resulting from profiling.
3. Your rights
3.1. Any person whose personal data are processed by AWILUX has the right to access their personal data and immediately rectify data that are incorrect. Taking into account the purposes of the processing, the data subject has the right to request completion of incomplete personal data, including through the presentation of an additional statement.
3.2. In the event of granting your consent to the processing of data, in particular for marketing purposes (including sending commercial information by electronic means), consent may be revoked by you at any time. The user receiving certain information or services, such as electronic newsletter, may at any time resign from its subscription by following the instructions provided in any such transmitted document.
3.3. A person sharing their personal information with AWILUX has the right to request AWILUX to immediately remove their personal data, and AWILUX is obliged without undue delay to remove personal information in one of the following circumstances:
- personal data are no longer necessary for the purposes for which they were collected;
- the data subject withdrew consent forming the basis for processing and there are no other legal grounds for processing;
- the data subject objects to the processing;
- personal data have been processed unlawfully;
- personal data must be deleted in order to meet a legal obligation under the law of the EU or the Member State law governing AWILUX.
3.4. Persons providing personal information to AWILUX have the right to request reduction of the scope of the processing of personal data in cases where:
- the data subject disputes the correctness of personal data - during the period allowing AWILUX to check the correctness of the data;
- the processing is unlawful and the data subject objects to the removal of personal data requesting reduction of the scope of such use;
- AWILUX no longer needs the personal data for processing, but they are necessary to the data subject to determine, investigate or redress any claims;
- the data subject has objected to the processing - until confirming that legitimate grounds for AWILUX override the grounds for opposition of the data subject.
3.5. If the processing of personal data by AWILUX takes place in an automated manner on the basis of consent or agreement, the data subject has the right to obtain in a structured, widely used and machine readable format their personal data provided to AWILUX, and has the right to send these personal data to another controller. A data subject has the right to request AWILUX to transfer personal data directly to another controller, as far as is technically possible.
3.6 In order to exercise the rights referred to above the data subject may contact AWILUX as indicated in paragraph 9 below.
3.7. AWILUX will notify each recipient to whom personal information was disclosed of the correction or deletion of personal data or restriction of processing made at your request, unless this proves impossible or would require a disproportionate effort.
3.8. In connection with the processing of your personal data by AWILUX you have the right to appeal to the supervisory authority.
4. Recipients of your personal data
We provide your data to:
- data processors acting on our behalf, participating in the execution of our actions:
- our business partners, advertising agencies and other entities intermediating in the sale of our products and services or organization of marketing campaigns;
- contractors supporting us, e.g. in the performance of our services ordered by you, transport and installation of the ordered products, product service, handling correspondence or in the process of customer service;
- entities providing advisory, consulting, auditing, legal assistance, tax, accounting services, and research agencies acting on our behalf;
4.1.2. other data controllers processing data in their own name:
- entities operating post or courier service;
- purchasers of debt - in the event of non-payment by you of our invoices on time;
- entities cooperating with us in handling accounting, tax, legal matters - to the extent that they become the controller.
4.2. AWILUX currently has no plans of transferring your data outside the European Economic Area (the EU, Norway, Liechtenstein and Iceland). But during the term of the agreement we may decide to transfer data outside the European Economic Area - only to the extent to which the law will allow us.
4.3. AWILUX may share personal data at the request of law enforcement authorities or bodies, or where required by applicable laws, court decisions or other government regulations. Your personal data may also be disclosed for the purposes of audits in the field of data privacy or safety, and/or the handling of complaints or actions taken in relation to a security threat. AWILUX neither sells personal information to third parties, nor entrusts the processing of personal data provided by users to third parties, which information could be used by such third parties for their marketing purposes.
5. Personal data retention period
5.1. Your personal data will be stored for no longer than is necessary, i.e. depending on the purpose of their processing:
5.1.1. execution and performance of the agreement between you and AWILUX:
- for the duration of the agreement and settlement after its completion;
- during the period of warranty for defects or quality guarantee granted in the agreement - to the extent necessary to perform warranty service; or
- the period during which AWILUX provides payable after-sales service;
5.1.2. fulfilment of the legal obligation incumbent on AWILUX:
- during the period of performance of duties;
- during the period in which the rules require us to store data (e.g. tax); or
- during the period in which we can bear the legal consequences of failure to perform the obligation, e.g. a financial penalty imposed by state offices;
- the objectives of the legitimate interests pursued by AWILUX:
- direct marketing of our products and services - for the duration of the agreement, and subsequently for the duration of the warranty and/or post-warranty service;
- fraud prevention - for the duration of the proceedings before the competent authorities;
- investigation and defence of claims - until the claims expire.
5.2. In the case of the processing of personal data by us on the basis of your consent to certain uses of the data, your data will be processed during the period indicated by the consent, and in the absence of such indication - until your consent is withdrawn.
6. Automated data collection - Cookies, operating data. Google tools
6.1. When using the website of AWILUX, user data are also collected automatically. These data can be collected in the website system logs, the so-called cookie files. Cookies are small text information in the form of text files, sent by the server and stored on the part of the visitor (e.g. on your hard drive, laptop, or memory card in your smartphone).
6.2. By saving Cookies on the visitor's device (computer, smartphone, tablet, etc.) AWILUX can for instance:
- Adapt the functioning of the website to your needs.
- Eliminate the need to log in each time you visit the website (in the case of areas for registered users/customers).
- Memorise your settings from session to session.
- Increase the speed and safety of the website.
- Personalise the website according to your needs and allow users to quickly find the information they need.
- Constantly improve the website for the benefit of its users.
- Increase the effectiveness of marketing activities.
6.3. Cookies do not contain data identifying the user, based on them we cannot determine anyone's identity. These files are in no way detrimental to the end-user device and do not change its settings or settings of software installed on it. Reading the contents of these files is possible only by the server that created them.
6.4. In the course of your use of our website, AWILUX uses three types of Cookies: session, permanent and marketing. Session files are temporary files that are stored in the device memory until the user logs off from the website, leaves the page or closes the browser. Permanent cookies are stored in the user's device for the time specified in the parameters of cookies or until their removal by the user. Marketing files are "cookies" stored by other external scripts used on our website. They are used by us mainly for remarketing purposes (see points 6.11.-6.14 below).
6.5. By default, most web browsers available on the market implicitly accept Cookies being saved. The user has the ability to independently and at any time change their cookie settings, specifying the terms of storing and access to the user's device using cookies. Changes to the settings referred to in the previous sentence can be made by means of web browser settings or service configuration. These settings can be changed in particular in such a way as to block the automatic handling of Cookies in your web browser settings or to notify you whenever cookies are to be saved on your device. Detailed information about the possibilities and ways of handling Cookies is available in the software settings (web browser).
6.6. The user may at any time remove Cookies using the features available in the web browser they use.
6.8. For details on changing the settings for Cookies and their removal in the most popular web browsers see the Help section in your web browser.
6.9. AWILUX also processes anonymised performance data related to the use of its website (i.e. logs - IP address, domain) to generate statistics to assist in the administration of the website. From the moment you connect to a web page, the system logs of the website include information about the number (including IP) and type of end user device from which a user connects to a web page. These data are cumulative and anonymous, i.e. do not contain characteristics identifying website visitors. Logs are not disclosed to third parties.
6.11. In addition, AWILUX can use remarketing codes of Google AdWords and Google Analytics of display advertisers. These codes are used to create remarketing lists to personalise advertising to the users who have visited our website, and then display them in Google AdWords content network, Google search engine, and on the websites of entities which are participants in the Google partner network.
6.12. Our website, using the "similar audience" function, operates within the Google AdWords system and checks browsing sites in the display network in the last thirty days, and this information is subjected to the mechanism of contextual targeting to determine the profile of remarketing audience. On this basis Google AdWords finds a new group of users who have similar browsing patterns, such as people from the AWILUX remarketing list. This list is never created based on the browsing history of sites deemed as sensitive, e.g. issues related to race, religion, sexual orientation or health.
6.13. Using remarketing tools and "similar audiences" function, our website does not collect your personal data through Cookies, only your browsing history, and consequently - the user remains anonymous.
6.14. You have the opportunity to opt out of the collection of remarketing codes and display advertiser codes through Google AdWords and Google Analytics, as well as of displaying custom ads on the Google Display Network as specified in paragraph 6.5 above.
6.15. The AWILUX website can include features that allow you to share content via social applications of third parties, such as "Like" button on Facebook or Twitter widget. All of these social applications may collect and use data on user activity on the AWILUX website. Any personal information provided by users through such social networking applications can be collected and used by other users of these social applications, and any resulting interactions are subject to the privacy policies of companies that are suppliers of the applications. We have no influence and do not accept responsibility for the above companies and their use of user data.
7. Personal data security
7.1. AWILUX declares that it endeavors to ensure a high level of security of the processed personal data. Any events affecting the security of the data, including suspicion of sharing files that contain viruses and other files of a similar nature or other files containing destructive mechanisms should be reported to the e-mail address indicated in paragraph 9 below.
7.2. AWILUX uses technical and organisational measures ensuring the protection of personal data files relevant to the risks and category of data being protected, an in particular protects data against unauthorised disclosure, takeover by an unauthorised person, processing with the violation of the applicable law, or any change, damage or destruction. In addition AWILUX makes special care to personal information is:
- correct and processed in a manner consistent with the law,
- obtained only for specified purposes and not further processed in a way incompatible with those purposes,
- adequate, relevant and not redundant,
- accurate and timely,
- not kept longer than necessary,
- processed in accordance with the rights of individuals (data subjects), including also in accordance with the right to reserve sharing,
- securely stored,
- not transferred without adequate protection.
7.3. Personal data are stored in a database, which uses technical and organisational measures to protect the data processed in accordance with the requirements laid down by the generally applicable laws relating to the protection of personal data. Access to the database only to persons authorized by the controller.
7.4. AWILUX applies appropriate policies and procedures for the protection of personal data against unauthorised loss, improper use, alteration or destruction. We make every effort to ensure that access to the personal data of users was limited to people who need to know that information. People who have access to the data are required to maintain confidentiality. In addition, one of the rules in the AWILUX policy in this area is to store personal data only for such period in which they are necessary for the execution of the user's request or until the user requests to remove such information.
In matters related to the processing of personal data you can contact AWILUX as the data controller at ul. Budowlanych 9, 64-100 Leszno or at: firstname.lastname@example.org or at: +48 65 525 46 00.