§ 1 Definitions

Terms and Conditions - the current Terms and Conditions of the Online Store capmyride.com published on the Seller's website operated at the address www.capmyride.com
Seller - Hurtownia Misericordia Alina Odój, 43-382 Bielsko-Biała, ul. Wapienicka 4ABC, entered in the Central Register and Information on Economic Activity (CEIDG), NIP 6422611841, Regon 277937611, tel. 792 503 657, email: [email protected]
Customer - a natural person with full legal capacity, as well as a legal person or an organisational unit without legal personality but with legal capacity
Consumer - a Customer purchasing Goods for purposes not related to their business or professional activity
Wholesale buyer - a Customer purchasing Goods, usually in large quantities of individual units, for purposes related to their business or professional activity, e.g. a shop or a parish
Store - the online store run by the Seller on its website at www.capmyride.com
Goods - a product sold via the Store
Order - a declaration of intent by the Customer aimed directly at concluding a distance sales contract with the Seller for the Goods indicated by the Customer,
Purchase Agreement - a contract for the sale of Goods within the meaning of the Civil Code, concluded between the Seller and the Customer by means of distance communication; it is concluded when the Store accepts the Customer's Order.
User - any natural person who uses the Store, including the Customer.

§ 2 General provisions

The Administrator may process in particular the following categories of data:

Identification data:
- first and last name,
- company name (for Customers who are entrepreneurs),
- VAT ID (NIP) (for business invoices).
Contact data:
- email address,
- phone number,
- delivery address (street, house/flat number, postal code, town, country),
- invoice address (if different from the delivery address).
Order and settlement data:
- information about the ordered Goods,
- Order numbers,
- payment amounts and status,
- chosen delivery and payment method.
Technical and operational data:
- device IP address,
- device and browser data,
- data concerning the session in the Shop,
- information collected via cookies and similar technologies.
Marketing and communication-related data:
- newsletter sign-ups,
- information about marketing consents,
- data on activity in the Store (e.g. clicks, viewed products - if analytics are used).
The Administrator does not knowingly collect special category (sensitive) data, such as data on health or religious beliefs.

§ 3 Purposes and legal bases of data processing

Personal data may be processed for the following purposes, on the legal bases indicated:

Setting up and maintaining an account in the Shop
Purpose: registration of a user account, login, handling the Customer's profile and Order history.
Basis: art. 6 sec. 1 letter b GDPR (performance of a contract or steps taken at the request prior to its conclusion).
Order fulfilment (conclusion and performance of the sales agreement)
Purpose: accepting Orders, handling payments, preparing and shipping Goods, handling complaints and returns.
Basis: art. 6 sec. 1 letter b GDPR.
Issuing accounting documents and fulfilling legal obligations
Purpose: keeping accounting books, tax settlements, document archiving.
Basis: art. 6 sec. 1 letter c GDPR (the Administrator's legal obligation).
Contact with the Customer (handling enquiries)
Purpose: responding to emails, form enquiries, providing information about products, Order status, etc.
Legal basis: Art. 6(1)(b) GDPR (where the contact concerns a contract / Order) or Art. 6(1)(f) GDPR (legitimate interest - ongoing communication with a potential Customer).
Newsletter and marketing communication
Purpose: sending information about new products, promotions, special campaigns and inspiration related to CapMyRide products.
Basis: art. 6 sec. 1 letter a GDPR (consent).
Consent can be withdrawn at any time (e.g. by clicking the "unsubscribe" link in the newsletter or contacting the Shop).
Establishing, pursuing or defending against claims
Purpose: pursuing claims, pursuing payment, defence in the event of legal disputes.
Basis: art. 6 sec. 1 letter f GDPR (the Administrator's legitimate interest).
Analytics and statistics of Shop usage
Purpose: improving the operation of the Shop, traffic analysis, adapting the offer and content.
Legal basis: Art. 6(1)(f) GDPR (the Controller's legitimate interest) or - for tools requiring consent - Art. 6(1)(a) GDPR.

§ 4 Data retention period

Data related to the Customer's account are stored for the period of use of the account, and after its deletion - for the limitation period of claims related to services provided via the Store.
Data related to the the sales agreement (Orders, accounting documentation) are stored for the period required by law, in particular tax and accounting regulations (usually 5 years from the end of the year in which the tax obligation arose).
Data processed on the basis of consent (e.g. newsletter) are stored until consent is withdrawn.
Data processed for the purpose of pursuing claims or defending against them are stored for the limitation period for claims arising from the provisions of civil law.

§ 5 Recipients of personal data

In connection with the operation of the Shop, personal data may be transferred to the following categories of recipients:
Online payment operators - to the extent necessary to process payments for Orders, including:
- WooPayments,
- Przelewy24,
- Stripe.
Courier companies and logistics operators - in order to deliver the ordered Goods (e.g. InPost, DPD and partners operating parcel lockers and Pickup points).
IT and hosting service providers - entities providing technical support for the Store, servers, e-mail systems and analytics tools.
Accounting offices and advisors - to the extent necessary for the Controller's accounting and tax settlements as well as legal services.
Public authorities - where required by applicable law (e.g. courts, tax authorities).
The Administrator does not sell personal data to third parties.

§ 6 Rights of the data subject

Every person whose data is processed by the Administrator has the following rights (within the limits resulting from the GDPR):

The right of access to data - to obtain information on whether the Controller processes their data and to receive a copy of it.
The right to rectification of data - to have incorrect data corrected or incomplete data completed.
The right to erasure of data (the "right to be forgotten") - where there are no legal grounds for further processing of the data.
The right to restriction of processing - e.g. for the time needed to consider an objection or complaint.
The right to data portability - for data processed on the basis of a contract or consent and by automated means.
The right to object to the processing of data based on art. 6 sec. 1 letter f GDPR (the Administrator's legitimate interest), in particular to profiling or marketing activities.
The right to withdraw consent - where processing is based on consent (Art. 6(1)(a) GDPR). Withdrawal of consent does not affect the lawfulness of processing carried out before its withdrawal.
The right to lodge a complaint to the supervisory authority - the President of the Personal Data Protection Office (UODO) - if the person considers that the processing of their data infringes the law.

The exercise of the above rights is possible by contacting the Administrator (contact details in point 1).

§ 7 Cookies and similar technologies

The Shop uses cookies (so-called "cookies"), i.e. small text files saved on the User's end device (computer, smartphone, tablet, etc.) that can be read by the Administrator's systems or those of third parties.
Cookies are used for the following purposes:
- ensuring the proper operation of the Shop (technical / necessary cookies),
- remembering the User's session (e.g. cart contents),
- creating anonymous statistics of Store visits (analytics cookies - if used),
- carrying out marketing activities (if used - e.g. remarketing pixels, advertising tools).
These include, among others:
- cookies session - deleted when the browser is closed,
- cookies persistent - stored for a specified period or until deleted by the User.
The User can change cookie settings in their web browser - in particular:
- block the automatic handling of cookies,
- set notifications about their saving,
- delete saved cookies.
Limiting the use of cookies may affect some functionalities of the Shop (e.g. login, cart, remembering preferences).
Detailed information about the cookies used and any analytical and marketing tools may be described in a separate Cookie Policy or in an extension of this Privacy Policy on the Shop's website.

§ 8 Electronic payments and data processing by payment operators

Payments for Goods ordered in the Shop are made exclusively in the form of prepayment, via electronic payment methods handled by external payment operators: WooPayments, Przelewy24 and Stripe.
The following online payment methods are available in the Shop in particular (depending on the current offer of the payment operators):
- instant online transfer (fast online payments),
- BLIK,
- payment by debit or credit card (e.g. Visa, Mastercard, etc.),
- Apple Pay,
- Google Pay.
Fulfilment of the Order begins after the Shop receives confirmation of the correct execution of the payment operation from the relevant payment operator.
The Shop does not offer:
- payment on delivery (cash on delivery),
- cash payment,
- personal collection combined with payment on site.
In order to process a payment, the Customer's data necessary for its handling (e.g. name and surname, e-mail address, transaction amount, Order number, card details - if required) may be transferred to the relevant payment operators, acting as separate data controllers or processors - in accordance with their own terms and privacy policies.
The detailed rules for the processing of personal data by payment operators are specified in their own privacy policies. The Administrator recommends reading these documents (e.g. on the websites of WooPayments, Przelewy24, Stripe).
The Shop does not charge additional handling fees for choosing a particular payment method, unless it expressly indicates otherwise on the Shop's website. Any commissions of the payment operators or the Customer's banks result from the terms of service of those entities.

§ 9 Security of personal data

The Administrator applies appropriate technical and organisational measures to ensure the protection of the processed personal data, in particular safeguards against:
- access by unauthorised persons,
- loss, destruction or damage,
- unauthorised modification or disclosure.
The measures used include, among others:
- encryption of data transmission (the HTTPS/SSL),
- appropriate protection of servers and IT systems,
- restricting access to data only to authorised persons.

§ Changes to the Privacy Policy

The Administrator reserves the right to make changes to this Privacy Policy, in particular in the case of:
- changes in legal regulations,
- changes in the technology used by the Shop,
- the introduction of new services or functionalities of the Shop.
The Controller will inform Users of significant changes to the Privacy Policy by publishing the updated content on the Store's website and, for Users with an account - also by sending appropriate information to the e-mail address provided (where justified).
The current version of the Privacy Policy is always available on the website www.capmyride.com.