§ 2.Data

The Administrator of the Data is Neximago Sp. z o.o. with its seat in Katowice (40-203, 188B Roździeńskiego St., NIP: 6760077750, REGON: 35002682400000, entered in the register of entrepreneurs kept by the District Court of Katowice-Wschód in Katowice, VIII Economic Department of the National Court Register, under the KRS number: 0000142458, share capital 1. 000.00 PLN, phone: +48 (32) 35.59.112 (charge as for an ordinary telephone call, according to the tariff package of the service provider used by the Customer), e-mail: kontakt(at)neximago.com, hereinafter referred to as the Seller.
 

The Vendor declares that the Data is processed in accordance with the regulations contained in the Regulation of the European Parliament and of the Council (EU) 2016/679 of April 27, 2016 on the protection of natural persons in relation to the processing of personal data and on the free flow of such data and repealing Directive 95/46/EC (General Data Protection Regulation), hereinafter referred to as RODO, and the Act of May 10, 2018 on the protection of personal data, regulations amending or replacing these acts, implementing regulations and any other generally applicable laws.

 

The use of the Sites (in particular, Account registration, Purchases without registration, Newsletter, interactive forms, including chat), is tantamount to the Customer's awareness that its Data may be processed for the following purposes and on the following grounds:

a. Responding to the Customer's inquiry, providing Newsletter service and recording data in cookies, collecting data from websites and mobile applications - on the basis of the Customer's consent,

b. to take action at the request of the Customer prior to the conclusion of the Agreement and for the purpose of performing the Agreement, in particular:

i. Provision of electronic services and full use of the Online Store,

ii. Create, maintain and manage the Account,

iii. provide maintenance of the Account and solve technical problems,

iv. Processing the Purchase form without registration or Order,

v. processing of the Order,

vi. delivery of the Goods,

vii. make settlement for the Goods and their delivery,

viii. amendment, withdrawal or termination of the Agreement,

ix. communication with the Customer,

x. processing of requests, objections, complaints and other letters addressed by the Customer to the Seller,

c. fulfillment of legal obligations incumbent on the Seller, in particular the implementation of tax, accounting and archival obligations,

d. resulting from legally legitimate interests pursued by the Seller, including for the purpose of:

i. To establish, assert or protect the Seller's claims,

ii. to protect against Customer claims or fraud attempts,

iii. marketing the Vendor's own services,

iv. analytical, statistical and management, including internal management, statistical and research reporting and analysis aimed at developing and improving the Vendor's services,

v. conducting internal audits and inspections,

vi. implementing business controls

vii. managing operations of acquisitions, mergers, divisions, transformations.

Data processed by the Seller may include: first and last names, company, identification number (including but not limited to PESEL, NIP, REGON and other numbers in relevant registers of foreign entities), e-mail address, telephone number, fax number, business, residential and mailing addresses, financial transaction data (e.g. account numbers, credit or payment cards, other unique identifiers), location data, Internet ID and other personal data voluntarily provided by the Customer.
 

Recipients of the Data may be: employees of the Seller, entities cooperating with the Seller within the scope of services provided by the Seller, in particular in the field of sale of Goods, provision of electronic services, management of the Parties, as well as in the field of marketing and advertising, legal, debt collection, tax, financial, accounting or archiving services of the Seller, entities related to the Seller, litigation opponents (including all types of participants in proceedings involving) the Customer and their attorneys, courts, government and local government authorities, pre-trial authorities, enforcement authorities and other legal protection authorities, business information bureaus, purchasers of debts, entities participating in the processes of acquisitions, mergers, divisions, transformations of business entities carried out with the participation of the Seller, entities engaged in the business of destruction, storage of documentation or the state archives.

The Seller does not transfer Data to third countries within the meaning of RODO.

Data is stored:

a. Until revocation of consent by the Customer - in case processing is based on the consent given,

b. until an objection is raised - in case the processing is necessary for the purposes resulting from the legitimate interests pursued by the Seller, unless the Seller is able to disregard the objection for the reasons referred to in paragraph 9 of this section,

c. until the expiration of the Parties' obligations under the Contract and claims for their performance - if their processing is necessary for the performance of the Contract or to take action at the request of the Customer prior to the conclusion of the Contract,

d. until the expiration of the Seller's obligations under generally applicable laws,

e. until the expiration (including the statute of limitations) of the rights, claims or obligations of the Seller and the Customer - in case their processing is necessary for the purposes arising from the legitimate interests pursued by the Seller.

The Customer has the right to request from the Vendor access to the Data, rectification, deletion or restriction of processing, as well as the right to data portability.

The Customer has the right at any time, for reasons related to his/her particular situation, to object to the processing of his/her Data when such processing is necessary for the purposes of the legitimate interests pursued by the Vendor, including profiling on this basis. The Vendor shall no longer be allowed to process such Data, unless the Vendor demonstrates the existence of valid legitimate grounds for processing, overriding the interests, rights and freedoms of the Customer, or grounds for establishing, asserting or defending the Vendor's claims.

If the Data is processed for the purposes of the Vendor's direct marketing, the Customer has the right at any time to object to the processing of its Data for the purposes of such marketing, including profiling, to the extent that the processing is related to such direct marketing.

In the case of the Seller's processing of Data on the basis of the Customer's consent, the consent may be withdrawn at any time, and such withdrawal shall not affect the legality of the processing performed on the basis of the consent before its withdrawal.

The Customer exercises the rights referred to in paragraphs 8-11 of this section in particular by sending an appropriate request by e-mail to contact(at)neximago.com with the Customer's name, by telephone at +48 (32) 35.59.112 or in person at the Seller's office.

The Customer has the right to lodge a complaint to the competent supervisory authority - the President of the Office for Personal Data Protection.
 

Except when required by mandatory provisions of law, the provision of Data to the Seller by the Customer is voluntary, whereby refusal is tantamount to the inability to conclude an Agreement, register an Account, carry out Purchases without Registration, provide Newsletter services or respond to the Customer's inquiry within the chat. In the event of a request for deletion of Data by the Customer, the provision of services by electronic means, in particular the performance of the Agreement does not take effect, while in relation to the unperformed Agreement concluded there is an effect as in the case of withdrawal from the Agreement (as if it had not been concluded from the beginning, and the parties are obliged to return to each other what they have already provided; in this case, the Customer is obliged to cover the costs incurred by the Seller in connection with or in order to conclude or perform the Agreement).

The source of Data is information obtained directly from the Customer through the Sites, in particular within the framework of the Account and Purchases without registration, Newsletter, Website, in particular Chat, as well as information obtained from third parties:

a. state authorities, public registers and other publicly available sources - names and surnames, identification numbers (including but not limited to PESEL, NIP, REGON and other numbers in relevant registers of foreign entities), e-mail address, telephone number, business, residential and mailing addresses, website address,

b. payment processor - names, email address, financial transaction data (e.g., account numbers, credit or payment cards, other unique identifiers),

c. Internet providers - location data, Internet ID.

Data will not be subject to automated processing.

The Customer, by entering his/her e-mail address and confirming it with the “Register” button and by unchecking the appropriate “box” under the Newsletter option or by unchecking the appropriate consent under the “https://sklep.neximago.com/kontakt/” and “https://sklep.neximago.com/zwroty/” tabs, agrees to receive commercial information by means of electronic communication; the Customer has the right to revoke the said consent at any time. Exercising the right to revoke consent to receive commercial information is carried out in particular by sending an appropriate request with the name and surname by e-mail to contact(at)neximago.com