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Privacy policy

PRIVACY POLICY

THE OUTDOOR-GYM.COM WEBSITE

TABLE OF CONTENTS:

  1. GENERAL PROVISIONS
  2. GROUNDS FOR DATA PROCESSING
  3. PURPOSE, BASIS AND PERIOD OF DATA PROCESSING IN THE WEBSITE
  4. DATA RECIPIENTS IN THE WEBSITE
  5. PROFILING IN THE WEBSITE
  6. THE RIGHTS OF THE PERSON WHO THE DATA CONCERNS
  7. COOKIES IN THE WEBSITE AND ANALYTICS
  8. FINAL PROVISIONS
  1. GENERAL PROVISIONS
    • This Privacy Policy of the website is informative, which means that it is not a source of obligations for Service Users or Customers of the website. The privacy policy contains mainly rules regarding the processing of personal data by the Administrator in the website, including the grounds, purposes and period of personal data processing and the rights of data subjects, as well as information on the use of cookies and analytical tools in the website.
    • The administrator of personal data collected through the website is ‘ZAKŁAD PRODUKCYJNO-USŁUGOWY ROMEX SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ’, company incorporated under Polish Law, with its registered office in Bydgoszcz, Poland (delivery address: ul. Hetmańska 38, 85-039 Bydgoszcz); entered into the register of business of the National Court Registry, maintained by the District Court in Bydgoszcz, XIII Commercial Division of the National Court Register under the number 0000112529; share capital in the amount of: PLN 124,000.00; Tax number: 5540236252; REGON: 092485655, e-mail address: trainer@outdoor-gym.com and contact telephone number: +48 52 323 07 13, +48 798 569 799, +48 669 198 325
    • – hereinafter referred to as the „Administrator” and being at the same time the Service Provider of the website and the Seller.
    • Personal data in the website are processed by the Administrator in accordance with applicable law, in particular 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 free movement of such data, and repealing of Directive 95/46/EC (General Data Protection Regulation) – hereinafter referred to as „GDPR” or „GDPR Regulation”. The official text of the GDPR Regulation: https://eur-lex.europa.eu/eli/reg/2016/679/oj
    • Using the website, including making purchases, is voluntary. Similarly, providing personal data by the Service Users or Customer using the website is voluntary, subject to two exceptions: (1) concluding contracts with the Administrator – failure to provide in the cases and to the extent indicated on the website and in the Website Terms & Conditions and this Privacy Policy personal data necessary to conclude and perform a Sales Agreement or contract for the provision of electronic services with the Administrator results in the inability to conclude this contract. Providing personal data is in this case a contractual requirement and if the data subject wants to conclude a given contract with the Administrator, he is obliged to provide the required data. Each time, the extent of data required to conclude a contract is previously indicated on the website and in the Website Terms & Conditions; (2) statutory obligations of the Administrator – providing personal data is a statutory requirement resulting from generally applicable legal provisions imposing an obligation on the Administrator to process personal data (e.g. data processing for the purpose of keeping accounting books) and failure to provide them will prevent the Administrator from performing these obligations.
    • The Administrator takes special care to protect the interests of persons whose personal data being processed by him, and in particular is responsible and ensures that the data collected by him are: (1) processed in accordance with the law; (2) collected for specified, lawful purposes and not subjected to further processing incompatible with these purposes; (3) correct and adequate in relation to the purposes for which they are processed; (4) stored in a form enabling the identification of persons to whom they relate, no longer than it is necessary to achieve the purpose of processing, and (5) processed in a manner ensuring adequate security of personal data, including protection against unauthorized or unlawful processing and accidental loss, destruction or damage by appropriate technical or organizational measures.
    • Taking into account the nature, scope, context and purposes of processing as well as the risk of violating the rights or freedoms of natural persons with different probability and severity of risk, the Administrator implements appropriate technical and organizational measures so that the processing takes place in accordance with the GDPR Regulation and to be able to demonstrate it. These measures are reviewed and updated as necessary. The Administrator uses technical measures to prevent the acquisition and modification of personal data sent electronically by unauthorized persons.
    • All words, expressions and acronyms appearing in this Privacy Policy and beginning with a capital letter (e.g. Seller, Website, Electronic Service) should be understood in accordance with their definition contained in the Website Terms & Conditions available on the website.
  2. GROUNDS FOR DATA PROCESSING
    • The Administrator is entitled to process personal data in cases and to the extent in which at least one of the following conditions is met: (1) the data subject has given consent to the processing of his personal data for one or more specific purposes ; (2) processing is necessary for the performance of a contract to which the data subject is party or in order to initiate actions at the request of the data subject prior to entering into a contract; (3) processing is necessary to fulfill the legal obligation incumbent on the Administrator; or (4) processing is necessary for the purposes of the legitimate interests pursued by the Administrator or by a third party, except where these interests are overridden by the interests or fundamental rights and freedoms of the data subject, requiring the protection of personal data, in particular when the data subject is a child.
    • The processing of personal data by the Administrator requires each time the existence of at least one of the bases indicated in point 2.1 of the Privacy Policy. The specific grounds for processing the personal data of the Service Users and Customers of the website by the Administrator are indicated in the next section of the Privacy Policy – in relation to the given purpose of personal data processing by the Administrator.
  3. PURPOSE, BASIS AND PERIOD OF DATA PROCESSING IN THE WEBSITE
    • Each time the purpose, basis, period and the recipients of personal data processed by the Administrator result from actions taken by a Service User or Customer in the website or by the Administrator. For example, if the Customer decides to make purchases in the website and chooses to collect the purchased Product in person instead of a courier shipment, his personal data will be processed in order to perform the concluded Sales Agreement, but will no longer be made available to the carrier performing the shipment at the request of the Administrator.
    • The Administrator may process personal data as part of the website for the following purposes, on the basis and during the periods indicated in the table below:
Purpose of data processing Legal basis for data processing Data storage period
Performance of the Sales Agreement or contract for the provision of Electronic Services or taking action at the request of the data subject, before concluding the abovementioned contracts. Article 6 (1) (b) GDPR Regulations (performance of the contract) – processing is necessary for the performance of the contract to which the data subject is a party or to take action at the request of the data subject, before concluding the contract The data is stored for the period necessary to perform, terminate or otherwise terminate the concluded Sales Agreement or contract for the provision of Electronic Services.
Direct marketing Article 6 (1)(f) GDPR Regulations (legitimate interest of the administrator) – processing is necessary for purposes resulting from the legitimate interests of the Administrator – consisting in caring for the interests and good image of the Administrator, its website and leading up to sell Products. The data is stored for the duration of the legitimate interest pursued by the Administrator, but no longer than for the period of limitation of the Administrator’s claims against the data subject due to the business activity conducted by the Administrator. The limitation period is determined by the law, in particular the Polish Civil Code (the basic limitation period for claims related to running a business is three years, and for a Sales Agreement – two years).

The administrator may not process data for the purpose of direct marketing in the event of an effective objection in this regard by the data subject.
Marketing Article 6 (1) (a) GDPR Regulations (consent) – the data subject has consented to the processing of his personal data for marketing purposes by the Administrator. The data is stored until the data subject withdraws his consent for further processing of his data for this purpose.
Expressing an opinion on the concluded Sales Agreement by the Customer Article 6 (1)(a) GDPR Regulations – the data subject has consented to the processing of his personal data in order to express an opinion. The data is stored until the data subject withdraws his consent for further processing of his data for this purpose.
Bookkeeping Article 6 (1) (c) Regulations of the GDPR in connection with article 74 (2) of the Accounting Act, consolidated text 2018, pos. 395, as amended) – processing is necessary to fulfill the legal obligation incumbent on the Administrator The data is stored for the period required by law requiring the Administrator to store accounting books (5 years, counting from the beginning of the year following the financial year to which the data relates).
Determining, pursuing or defending claims that may be raised by the Administrator or that may be raised against the Administrator Article 6 (1) (f) GDPR Regulations (legitimate interest of the administrator) – processing is necessary for purposes arising from the legitimate interests of the Administrator – consisting in establishing, pursuing or defending claims that may be raised by the Administrator or which may be raised against the Administrator The data is stored for the duration of the legitimate interest pursued by the Administrator, but 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 is six years).
Using the website and ensuring its proper operation Article 6 (1) (f) GDPR Regulations (legitimate interest of the administrator) – processing is necessary for purposes arising from the legitimate interests of the Administrator – consisting in running and maintaining the website The data is stored for the duration of the legitimate interest pursued by the Administrator, but no longer than for the period of limitation of the Administrator’s claims against the data subject due to the business activity conducted by the Administrator. The limitation period is determined by the law, in particular the Civil Code (the basic limitation period for claims related to running a business is three years, and for a Sales Agreement – two years).
Keeping statistics and traffic analysis in the website Article 6 (1) (f) GDPR Regulations (legitimate interest of the administrator) – processing is necessary for purposes arising from the legitimate interests of the Administrator – consisting in keeping statistics and analyzing traffic in the website in order to improve the functioning of the website and increase the sale of Products The data is stored for the duration of the legitimate interest pursued by the Administrator, but no longer than for the period of limitation of the Administrator’s claims against the data subject due to the economic activity conducted by the Administrator. The limitation period is determined by the law, in particular the Civil Code (the basic limitation period for claims related to running a business is three years, and for a Sales Agreement – two years).

 

  1. DATA RECIPIENTS IN THE WEBSITE
    • For the proper operating of the website, including the implementation of Sales Agreements concluded, it is necessary for the Administrator to use the services of external entities (such as, for example, a software provider, courier or payment processor). The Administrator uses only the services of such processors who provide sufficient guarantees to implement appropriate technical and organizational measures so that the processing meets the requirements of the GDPR Regulation and protects the rights of the data subjects.
    • The 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 provides data only when it is necessary to achieve a given purpose of personal data processing and only to the extent necessary to achieve it. For example, if the Customer uses a personal pickup, his data will not be transferred to the carrier cooperating with the Administrator.
    • The personal data of the Service Users and Customers of the website may be transferred to the following recipients or categories of recipients:
      • carriers / forwarders / courier brokers / entities servicing the warehouse and / or the shipping process – in the case of a Customer who uses the website with the method of delivery of the Product by post or courier, the Administrator provides the Customer’s collected personal data to the selected carrier, forwarder or intermediary performing the shipment on the Administrator’s order, and if the shipment takes place from an external warehouse – to the entity operating the warehouse and / or the shipping process – to the extent necessary to deliver the Product to the Customer.
      • entities servicing electronic payments or by payment card – in the case of a Customer who uses the website with the method of electronic payments or with a payment card, the Administrator provides the Customer’s collected personal data to the selected entity servicing the above payments in the website at the request of the Administrator to the extent necessary to handle payments made by the Customer.
      • lenders / lessors – in the case of a Customer who uses the method of payment in the installment system or leasing payment in the website, the Administrator provides the Customer’s collected personal data to the selected lender or lessor servicing the above payments in the website at the request of the Administrator to the extent necessary to handle payments made by The customer.
      • supplier of the opinion poll system – in the case of a Customer who has agreed to express an opinion on the concluded Sales Agreement, the Administrator provides the Customer’s collected personal data to the selected entity providing the system of opinion polls on the concluded Sales Agreements in the website at the request of the Administrator to the extent necessary for the Customer to express an opinion for through the opinion poll system.
      • service providers supplying the Administrator with technical, IT and organizational solutions, enabling the Administrator to run a business, including the website and the Electronic Services provided through it (in particular, computer software providers for running the website, e-mail and hosting providers and software management software providers) company and providing technical assistance to the Administrator) – the Administrator provides the collected personal data of the Customer to a selected supplier acting on his behalf only in the case and to the extent necessary to achieve a given purpose of data processing in accordance with this privacy policy.
      • providers of accounting, legal and advisory services providing the Administrator with accounting, legal or advisory support (in particular an accounting office, law firm or debt collection company) – the Administrator provides the collected personal data of the Customer to a selected supplier acting on his behalf only in the case and to the extent necessary to complete a given the purpose of data processing in accordance with this Privacy Policy.
      • providers of social plugins, scripts and other similar tools placed on the website, enabling the browser of the person visiting the website to download content from the providers of the said plugins (e.g. logging in using login data to the social networking site) and transferring the personal data of the visitor to the suppliers for this purpose, including:
      • Facebook Ireland Ltd. – The Administrator uses the Facebook social plugins on the website (e.g. the Like! Button, Share or log in using Facebook login data) and therefore collects and provides personal data of the Service Recipient using the website to Facebook Ireland Ltd. (4 Grand Canal Square, Grand Canal Harbor, Dublin 2 Ireland) to the extent and in accordance with the privacy rules available here: https://www.facebook.com/about/privacy/ (this data includes information about activities on the website – including information about the device, websites visited, purchases, advertisements displayed and the way of using the services – regardless of whether the Service Recipient has a Facebook account and is logged in to Facebook).

 

  1. PROFILING IN THE WEBSITE
    • The GDPR Regulation imposes an obligation on the Administrator to inform about automated decision-making, including profiling referred to in art. 22 (1) and (4) of the GDPR Regulation, and – at least in these cases – relevant information about the rules for their adoption, as well as the significance and anticipated consequences of such processing for the data subject. With this in mind, the Administrator provides information on possible profiling in this point of the privacy policy.
    • The Administrator may use profiling for direct marketing purposes in the website, but the decisions made on its basis by the Administrator do not apply to the conclusion or refusal to conclude a Sales Agreement or the possibility of using Electronic Services in the website. The effect of using profiling in the website may be, for example, granting a given person a discount, sending a discount code, reminding about unfinished purchases, sending a Product proposal that may correspond to the interests or preferences of a given person or proposing better conditions compared to the standard offer of the website. Despite profiling, a given person makes a free decision whether he will want to use the discount received in this way, or better conditions and make a purchase in the website.
    • Profiling in the website consists in an automatic analysis or forecast of a given person’s behavior on the website, e.g. by adding a specific Product to the basket, browsing a specific Product page in the website or by analyzing the previous history of purchases in the website. The condition for such profiling is the Administrator having personal data of a given person in order to be able to send it, e.g. a discount code.
    • The data subject has the right not to be subject to a decision which is based solely on automated processing, including profiling, and produces legal effects or significantly affects that person.

 

  1. RIGHTS OF THE PERSON WHO THE DATA CONCERNS
    • The right to access, rectify, limit, delete or transfer – the data subject has the right to request the Administrator to access his personal data, rectify it, delete („the right to be forgotten”) or limit processing and has the right to object to processing, and also has the right to transfer their data. Detailed conditions for the exercise of the above-mentioned rights are set out in Article 15-21 of the GDPR Regulation.
    • The right to withdraw consent at any time – a person whose data is processed by the Administrator on the basis of expressed consent (pursuant to article 6 (1) (a) or article 9 (2) (a) of the GDPR Regulation), has the right to withdraw consent at any time without affecting the lawfulness of the processing which was carried out on the basis of consent before its withdrawal.
    • The right to file a complaint to the supervisor authority – the person whose data is processed by the Administrator has the right to file a complaint with the supervisor authority in the manner and mode specified in the provisions of the GDPR Regulation and Polish law, in particular the Act on the Protection of Personal Data. The supervisor authority in Poland is the President of the Personal Data Protection Office.
    • Right to object – the data subject has the right to object at any time – for reasons related to his particular situation – to the processing of his personal data based on article 6 (1) (e) (public interest or tasks) or (f) (legitimate interest of the administrator), including profiling based on these provisions. In such a case, the Administrator is no longer allowed to process this personal data, unless he demonstrates the existence of valid legally valid grounds for processing, overriding the interests, rights and freedoms of the data subject, or the grounds for establishing, pursuing or defending claims.
    • Right to object to direct marketing – if personal data is processed for direct marketing purposes, the data subject has the right to object at any time to the processing of his personal data for such marketing purposes, including profiling, to the extent which processing is related to such direct marketing.
    • In order to exercise the rights referred to in this point of the Privacy Policy, you can contact the Administrator by sending an appropriate message in writing or by e-mail to the Administrator’s address indicated at the beginning of the privacy policy or using the contact form available on the website.

 

  1. COOKIES IN THE WEBSITE AND ANALYTICS
    • Cookies are small text information in the form of text files, sent by the server and saved on the side of the person visiting the website (e.g. on the hard drive of the computer, laptop or on the smartphone’s memory card – depending on which device is used by visitors to our website). Detailed information on cookies, as well as the history of their creation, can be found, among others e.g. here: https://pl.wikipedia.org/wiki/HTTP_cookie.
    • Cookies that can 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 persons / third parties (other than the Administrator)

 Due to their storage period on the device of the person visiting the website:

1) session (stored until logging out of the website or turning off the web browser) and

2) permanent (stored for a specified period of time, defined by the parameters of each file or until they are manually deleted)

 Due to the purpose of their use:

1) necessary (enabling the proper functioning of the website),

2) functional / preferential (enabling the adjustment of the website to the preferences of the website visitor),

3) analytical and performance (collecting information on how to use the website),

4) marketing, advertising and social networks (collecting information about the person visiting the website in order to display personalized advertisements to that person and conducting other marketing activities, including on websites separate from the website, such as social networks)

 

  • The Administrator may process the data contained in Cookies when visitors use the website for the following specific purposes:
Purposes of using cookies in the Administrator’s Website identifying the Customers as logged in to the website and showing that they are logged in (necessary cookies)
remembering the Products added to the basket in order to place an Order (necessary cookies)
remembering data from completed Order Forms, surveys or login data to the website (necessary and / or functional / preferential cookies)
adjusting the content of the website to the individual preferences of the Service Recipient (e.g. regarding colors, font size, page layout) and optimizing the use of the websites (functional / preferential cookies)
keeping anonymous statistics showing how to use the website (analytical and performance cookies)
remarketing, i.e. research on the behavior of visitors to the website through anonymous analysis of their activities (e.g. repeated visits to specific pages, keywords, etc.) in order to create their profile and provide them with advertisements tailored to their expected interests, also when they visit they other websites in the advertising network of Google Ireland Ltd. and Facebook Ireland Ltd. (marketing, advertising and social cookies)
  • Checking in the most popular web browsers which cookies (including the period of operation of Cookies and their supplier) are currently sent by the website of the website is possible in the following way:
In Chrome:

(1) in the address bar, click the lock icon on the left,

(2) go to the „Cookies” tab.

 In Firefox:

(1) in the address bar, click the shield icon on the left,

(2) go to the „Allowed” or „Blocked” tab,

(3) click the „Cross-site tracking cookies”, „Social trackers” or „Content from trackers „

 In 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” field
In the Opera browser:

(1) in the address bar, click 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 the „Manage website data” field

 Regardless of the browser, using the tools available, for example, on the website: https://www.cookiemetrix.com/ or: https://www.cookie-checker.com/
  • By default, most web browsers available on the market accept Cookies by default. Everyone has the option of specifying the conditions for the use of Cookies using the settings of their own web browser. This means that you can, for example, partially limit (e.g. temporarily) or completely disable the option of saving Cookies – in the latter case, however, it may affect some of the functionalities of the website (for example, it may be impossible to pass the Order path through the Order Form due to for not remembering the Products in the basket during the next steps of placing the Order).
  • The web browser settings in the field of cookies are important from the point of view of consent to the use of cookies by our website – in accordance with the law, such consent may also be expressed through the settings of the web browser. Detailed information on changing cookie settings and their self-removal in the most popular web browsers is available in the help section of the web browser and on the following pages (just click on the link):

in the Chrome browser

in the Firefox browser

in Internet Explorer

in the Opera browser

in the Safari browser

in the Microsoft Edge browser

7.7. The Administrator may use Google Analytics, Universal Analytics services provided by Google Ireland Limited (Gordon House, Barrow Street, Dublin 4, Ireland) in the website. These services help the Administrator keep statistics and analyze traffic in the website. The collected data is processed as part of the above services to generate statistics helpful in administering the website and analyzing traffic in the website. These data are aggregate. The Administrator, using the above services in the website, collects such data as the sources and medium of obtaining visitors to the website and the manner of their behavior on the website, information on devices and browsers from which they visit the website, IP and domain, geographic data and demographic data (age, gender) and interests.

7.8. It is possible for a given person to easily block information about their activity on the website to Google Analytics – 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=en.

7.9. The Administrator may use the Facebook Pixel service provided by Facebook Ireland Limited (4 Grand Canal Square, Grand Canal Harbor, Dublin 2, Ireland) in the website. This service helps the Administrator measure the effectiveness of advertisements and find out what actions are taken by visitors to the website, as well as display relevant advertisements to these people. Detailed information on the operation of Facebook Pixel can be found at the following internet address:

https://www.facebook.com/business/help/742478679120153?helpref=page_content.

7.10. Managing the operation of Facebook’s Pixel is possible through the ad settings in your account on Facebook.com:

https://www.facebook.com/ads/preferences/?entry_product=ad_settings_screen.

  1. FINAL PROVISIONS
    • The website may contain links to other websites. The administrator urges that after switching to other websites, read the privacy policy established there. This Privacy Policy applies only to the Administrator’s Website.

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