1. This Privacy Policy sets out the rules for the processing of personal data obtained through the online store makeupshop.nl (hereinafter referred to as the “online store”).
2. The owner of the online store and data administrator is La MakeUp Sp. z o.o. with headquarters in Warsaw (02-672), st. Domanevskaya 37, loc. 17.6, added to the register of entrepreneurs of the National Court Register, which is maintained by the District Court of the capital city of Warsaw, XII Commercial Department of the State Court Register under the number KRS 0000587427, with a registered capital of PLN 50,000, NIP: 5252636585, REGON: 363029583, hereinafter referred to as La MakeUp Sp. z o.o.
3. Personal data collected by La MakeUp Sp. z o.o. through the online store are processed in accordance with Regulation of the European Parliament and of the Council (EU) 2016/679 of April 27, 2016 on the protection of individual with respect to the processing of personal data and on the free movement of such data and on repealing Directive 95/46/EC (General data protection regulation), also known as GDPR.
4. La MakeUp Sp. z o.o. acts with the utmost care to respect the privacy of customers visiting the Online Store.
§ 1 Type of data processed, purposes and legal basis
1. La MakeUp Sp. z o.o. collects information about individuals engaged in legal operations not directly related to their activities, individuals conducting business or professional activities on their own behalf, and individuals representing legal entities or organizational units that are not legal entities that are legally conferred with legal capacity, hereinafter collectively referred to as the Customers.
2. Customers' personal data is collected in case of:
a) registering an account in the Online Store in order to create an individual account and manage this account. Legal basis: necessity to perform the contract for the provision of the Account service (Article 6 (1) (b) of the GDPR);
b) placing an order in the Online Store in order to perform the the Sales and Purchase Agreement. Legal basis: necessity to conclude and perform the the Sales and Purchase Agreement (Article 6 (1) (b) of the GDPR);
c) subscription to the newsletter (Newsletter) in order to perform the contract, the subject of which is the service provided electronically. Legal basis – consent of the data subject to the provision of the Newsletter service (Article 6 (1) (a) of the GDPR).
3. When creating an account in the Online Store, the Customer provides:
a) e-mail address;
b) address details:
a. zip code and city;
b. country (state);
c. street and house number/apartment number.
c) first and last name;
d) telephone number.
4. When creating an account in the Online Store, the Customer independently sets an individual password to access the account. The customer may change the password later, on the terms described in §6.
5. When placing an order in the Online Store, the Customer provides the following data:
a) e-mail address;
b) address details:
a. zip code and city;
b. country (state);
c. street with house / flat number.
c) first and last name;
d) telephone number.
6. In the case of Entrepreneurs, the above scope of data is additionally extended by:
a) the Entrepreneur's company;
b) tax identification number.
7. In the case of using the Newsletter service, the Customer only provides an e-mail address.
8. When using the Store's website, additional information may be collected, in particular: the IP address assigned to the Customer's computer or the external IP address of the Internet provider, domain name, browser type, access time, type of operating system.
9.Navigation data may also be collected from customers, including information about links and links in which they decide to click or other activities undertaken in the Online Store. Legal basis – legitimate interest (Article 6 (1) (f) of the GDPR), consisting in facilitating the use of services provided electronically and improving the functionality of these services.
10. In order to determine, investigate and enforce claims, some personal data provided by the Customer may be processed as part of using the functionality in the Online Store, such as: name, surname, data on the use of services, if the claims result from the manner in which the Customer uses services, other data necessary to prove the existence of the claim, including the extent of the damage suffered. Legal basis – a legitimate interest (Article 6 (1) (f) of the GDPR), consisting in establishing, pursuing and enforcing claims and defending against claims in proceedings before courts and other state authorities.
11. Provision of personal data to La MakeUp Sp. z o.o. is voluntary, in connection with the concluded Sales and Purchase Agreementsor the provision of services via the Store's Website, with the reservation, however, that failure to provide the data specified in the forms during the Registration process prevents Registration and setting up a Customer Account.
§ 2 To whom is the data transferred or entrusted and how long is it stored?
1. Customer's personal data is transferred to service providers used by La MakeUp Sp. z o.o. when running the Online Store to send you marketing messages and show you targeted advertising, where we have your consent or are otherwise permitted to do so. Service providers to whom personal data are transferred, depending on contractual arrangements and circumstances, or are subject to the instructions of La MakeUp Sp. z o.o. as to the purposes and methods of processing these data (processors) or they independently define the purposes and methods of their processing (administrators).
a) Processors. La MakeUp Sp. z o.o. uses suppliers who process personal data only at the request of La MakeUp Sp. z o.o. These include, among others providers of hosting services, marketing systems, systems for analysing traffic in the Online Store, systems for analysing the effectiveness of marketing campaigns;
b) Administrators. La MakeUp Sp. z o.o. uses suppliers who do not act solely on the instructions and set the goals and methods of using Customers' personal data themselves. They provide electronic payment and banking services.
2. Location. Service providers are mainly based in Poland and other countries of the European Economic Area (EEA).
3. Customers' personal data is stored:
a) If the basis for the processing of personal data is consent, then the Customer's personal data are processed by La MakeUp Sp. z o.o. as long as the consent is not revoked, and after revoking the consent for a period of time corresponding to the period of limitation of claims that may be raised by La MakeUp Sp. z o.o. and what may be raised against him. Unless a special provision provides otherwise, the limitation period is six years, and for claims for periodic benefits and claims related to running a business – three years.
b) If the basis for data processing is the performance of the contract, then the Customer's personal data are processed by La MakeUp Sp. z o.o. as long as it is necessary to perform the contract, and after that time for a period corresponding to the period of limitation of claims. Unless a special provision provides otherwise, the limitation period is six years, and for claims for periodic benefits and claims related to running a business – three years.
4. If a purchase is made in the Online Store, personal data may be transferred, depending on the Customer's choice, to the following entities in order to deliver the ordered goods:
a) a courier company as the case may be;
b) Spring G3 Worldwide Mail (Switzerland) AG, a company registered under the laws of Switzerland and having its seat at Rohrerstrasse 102, 5000 Aarau, Switzerland.
5. If the Customer selects payment via the Adyen platform, his personal data is transferred to the extent necessary for the payment to Adyen N.V., a company registered with the Dutch Chamber of Commerce under number 34259528 and having its seat in Amsterdam, the Netherlands and will be processed in accordance with the GDPR and applicable Dutch privacy laws. If the Customer selects payment via the PayPal platform, his personal data is transferred to the extent necessary for the payment to PayPal.
6. The navigation data may be used to provide customers with better service, statistical data analysis and adaptation of the Online Store to Customer preferences, as well as to administration of the online store.
7. In the event that the Customer subscribes to the newsletters to his e-mail address, La MakeUp Sp. z o.o. will send electronic messages containing commercial information about promotions and new products available in the Online Store.
8. In the event of a request from La MakeUp Sp. z o.o. provides personal data to authorized state authorities, in particular to organizational units of the Netherlands Public Prosecution Services, the Police, the Dutch Data Protection Authority (Autoriteit Persoonsgegevens).
§ 3 Cookies mechanism, IP address
1. The Online Store uses small files called cookies. They are recorded by La MakeUp Sp. z o.o. on the end device of the person visiting the Online Store, if the web browser allows it. A cookie file usually contains the name of the domain it comes from, its "expiry time" and an individual, randomly selected number identifying this file. Information collected using this type of file helps to adjust the products offered by La MakeUp Sp. Z oo to individual preferences and real needs of people visiting the Online Store. They also give the opportunity to develop general statistics of visits to the presented products in the Online Store.
2. La MakeUp Sp. z o.o. uses two types of cookies:
a) Session cookies: after the end of a browser session or turning off the computer, the saved information is deleted from the device's memory.
b) Permanent cookies: they are stored in the memory of the Customer's end device and remain there until they are deleted or expired.
3. La MakeUp Sp. z o.o. uses own cookies for the purpose of:
a) authenticating the Customer in the Online Store and ensuring the Customer's session in the Online Store (after logging in), thanks to which the Customer does not have to re-enter the login and password on each subpage of the Online Store;
b) analysis and research as well as audience audit, in particular to create anonymous statistics that help to understand how Customers use the Store's website, which allows improving its structure and content.
4. La MakeUp Sp. z o.o. uses external cookies to:
a) collect general and anonymous statical data via Google Analytics analytical tools (external cookie administrator: Google LLC., based in the USA);
b) present of the Reliable Certificate Regulations via the reliableregulamin.pl website (administrator of external cookies: Rzetelna Grupa sp.z o.o.based in Warsaw)
5. The cookie mechanism is safe for the computers of the Online Store Customers. In particular, it is not possible for viruses or other unwanted software or malicious software to enter the Customers' computers in this way. However, in their browsers, customers have the option to limit or disable the access of cookies to computers. If you use this option, the use of the Online Store will be possible, except for functions that, by their nature, require cookies.
6. Please refer to the following links to find out how you can change the settings of popular web browsers in the use of cookies:
d) Chrome and Chrome mobile browser;
e) Safari and Safari mobile browser;
f) Opera browser.
7. La MakeUp Sp. z o.o. may collect clients' IP addresses. An IP address is a number assigned to the computer of a visitor to the Online Store by an internet service provider. The IP number allows you to access the Internet. In most cases, it is assigned dynamically to the computer, i.e. it changes every time you connect to the Internet. The IP address is used by La MakeUp Sp. z o.o. when diagnosing technical problems with the server, creating statistical analyses (e.g. determining from which regions we record the most visits), as information useful in administering and improving the Online Store, as well as for security purposes and possible identification of unwanted automatic programs for viewing content that burden the server Online Store.
8. The Online Store contains links and references to other websites. La MakeUp Sp. z o.o. is not responsible for the privacy protection rules applicable to them.
§ 4 Rights of the data subjects
1. The right to withdraw consent – legal basis: art. 7 sec. 3 GDPR.
a) The customer has the right to withdraw any consent given by La MakeUp Sp. z o.o ..
b) Withdrawal of consent takes effect from the moment of withdrawal of consent.
c) Withdrawal of consent does not affect the processing carried out by La MakeUp Sp. z o.o. in accordance with the law before its withdrawal.
d) Withdrawal of consent does not entail any negative consequences for the Customer, but it may prevent further use of services or functionalities that, according to the law, La MakeUp Sp. z o.o. can only testify with consent.
2. The right to object to data processing – legal basis: art. 21 GDPR.
a) The Customer has the right to object at any time – for reasons related to the customer's particular situation – to the processing of his personal data, including profiling, if La MakeUp Sp. z o.o. processes its data based on a legitimate interest, e.g. marketing of La MakeUp Sp. z o.o., keeping statistics on the use of individual functionalities of the Online Store and facilitating the use of the Online Store, as well as a satisfaction survey.
b) Resignation in the form of an e-mail from receiving marketing messages regarding products or services will mean the Customer's objection to the processing of his personal data, including profiling for these purposes.
c) If the Customer's objection turns out to be justified and La MakeUp Sp. z o.o. will not have any other legal basis for the processing of personal data, the Customer's personal data will be deleted, the processing of which has been objected by the Customer.
3. The right to delete data ("the right to be forgotten") – legal basis: art. 17 GDPR.
a) The customer has the right to request the deletion of all or some personal data.
b) The customer has the right to request the deletion of personal data if:
a. personal data are no longer necessary for the purposes for which they were collected or processed;
b. he withdrew his express specific consent to the extent to which personal data were processed based on his consent;
c. he objected to the use of his data for marketing purposes;
d. personal data are processed unlawfully;
e. personal data must be removed in order to comply with the legal obligation provided for in the law of the Union or the law of the Member State to which La MakeUp Sp. z o.o. is subject to;
f. personal data has been collected in relation to the offering of information society services.
c) Despite the request to delete personal data, in connection with the objection or withdrawal of consent, La MakeUp Sp. z o.o. may retain certain personal data to the extent that processing is necessary to establish, assert or defend claims, as well as to fulfil a legal obligation requiring processing under EU law or the law of a Member State to which La MakeUp Sp. z o.o. is subject. This applies in particular to personal data including: name, surname, e-mail address, which data are kept for the purpose of handling complaints and claims related to the use of La MakeUp Sp. z o.o., or additionally the address of residence/correspondence address, order number, which data are kept for the purpose of considering complaints and claims related to concluded sales contracts or the provision of services.
4. The right to limit data processing – legal basis: art. 18 GDPR.
a) The customer has the right to demand that the processing of his personal data be restricted. Submitting a request, pending its consideration, prevents the use of certain functionalities or services, the use of which will involve the processing of data covered by the request. La MakeUp Sp. z o.o. will not send any messages, including marketing messages.
b) The customer has the right to request the restriction of the use of personal data in the following cases:
a. when he questions the correctness of his personal data – then La MakeUp Sp. z o.o. limits their use for the time needed to verify the correctness of data, but not longer than for 7 days;
b. when the processing of data is unlawful, and instead of deleting the data, the Customer requests the restriction of their use;
c. when personal data are no longer necessary for the purposes for which they were collected or used, but they are needed by the Customer in order to establish, assert or defend claims;
d. when he has objected to the use of his data - then the restriction takes place for the time needed to consider whether it is due to the special situation - the protection of the interests, rights and freedoms of the Customer outweighs the interests that the Administrator performs when processing the Customer's personal data.
5. The right to access data – legal basis: art. 15 GDPR.
a) The Customer has the right to obtain confirmation from the Administrator whether he processes personal data, and if this is the case, the Customer has the right to:
a. get access to your personal data;
b. obtain information about the purposes of processing, categories of personal data being processed, recipients or categories of recipients of these data, the planned period of storage of the Customer's data or the criteria for determining this period (when it is not possible to specify the planned period of data processing), about the rights of the Customer under GDPR and the right to lodge a complaint with the supervisory authority, about the source of this data, about automated decision-making, including profiling, and about the security measures applied in connection with the transfer of this data outside the European Union;
c. obtain a copy of your personal data.
6. the right to rectify data – legal basis: art. 16 GDPR.
a) The customer has the right to request the Administrator to immediately rectify his personal data that is incorrect. Taking into account the purposes of processing, the data subject has the right to request supplementing incomplete personal data, including by submitting an additional statement, sending the request to the e-mail address in accordance with §7 of the Privacy Policy.
7. The right to data portability – legal basis: art. 20 GDPR.
a) The customer has the right to receive his personal data, which he provided to the Administrator, and then send them to another personal data administrator of his choice. The customer also has the right to request that personal data be sent by the Administrator directly to such an administrator, if technically possible. In this case, the Administrator will send the Customer's personal data in the form of a csv file, which is a commonly used, machine-readable format that allows the received data to be sent to another personal data administrator.
8. In the event of the Customer having the right resulting from the above rights, La MakeUp Sp. z o.o. meets the request or refuses to comply with it immediately, but not later than within one month after receiving it. However, if, due to the complexity of the request or the number of requests, La MakeUp Sp. z o.o. will not be able to meet the request within a month, will meet it within the next two months, informing the Customer in advance within one month of receiving the request – about the intended extension of the deadline and its reasons.
9. The Customer may submit complaints, inquiries and requests to the Administrator regarding the processing of his personal data and the exercise of his rights.
10. The customer has the right to demand from La MakeUp Sp. z o.o. provide copies of standard contractual clauses by directing the inquiry in the manner indicated in §7 of the Privacy Policy.
11. The customer has the right to lodge a complaint with the President of the Personal Data Protection Office regarding the violation of his rights to the protection of personal data or other rights granted under the GDPR.
§ 5 Security management – password
1. La MakeUp Sp. z o.o. provides customers with a secure and encrypted connection when transferring personal data and when logging in to the Customer Account on the website. La MakeUp Sp. z o.o. uses an SSL certificate issued by one of the world's leading companies in the field of security and encryption of data sent over the Internet.
2. In the event that the Customer who has an account in the Store has lost any access password, the Online Store allows you to generate a new password. La MakeUp Sp. z o.o. does not send a password reminder. The password is stored in the database in an encrypted form, in a way that prevents its reading. In order to generate a new password, please provide your e-mail address in the form available under the link "Remind password", provided next to the account login form in the Online Store. The new password will be automatically sent to the e-mail address provided during registration or saved in the last change of the account profile.
3. La MakeUp Sp. z o.o. never sends any correspondence, including electronic correspondence with a request to provide login details, in particular the access password to the Customer's account.
§ 6 Changes to the Privacy Policy
1. The Privacy Policy may change, about which La MakeUp Sp. z o.o. will inform customers 7 days in advance.
2. Please send any questions related to the Privacy Policy to: office@makeupshop.nl
3. Date of the last modification: 21/04/2022.