Privacy Policy
I. General Information
This document contains all the information regarding our processing of your personal data that you provide to us through the websites managed by us. This document will be referred to hereafter as the "Privacy Policy".
The administrator of your personal data is The Cakes sp.z o.o. with a registered office at Trakt Lubelski 135, 04-790 Warszawa, entered into the register of entrepreneurs kept by the District Court for the Capital City of Warsaw (Sąd Rejonowy dla m.st. Warszawy), Commercial Division XIII, under KRS number 0000557793, NIP 9522136973, REGON 361541791, with share capital in amount of PLN 50.000.
You can contact us with any questions regarding the processing of your personal data:
- by mail to the address: The Cakes, 135 Trakt Lubelski, 04-790 Warsaw;
- by email to: [email protected].
We will try to respond as soon as possible, no later than within 14 days, unless a shorter period is required by law.
We use technical measures required by current data protection regulations to prevent unauthorized persons from obtaining and modifying personal data sent to us electronically.
Personal data means any information about an identified or identifiable natural person. In particular, a natural person is identified by an identifier such as a name, an identification number, location data, an Internet identifier, one or more specific factors that determine his or her physical, physiological, genetic, mental, economic, cultural or social identity.
II. For what purpose do we process your data and on what legal basis?
Your data will be processed primarily for the purpose of fulfilling the contract we enter into between us. For example, when you buy a product from us in an online store, your personal data will be processed by our sales system in order to complete the transaction. We will also process your data in order to deliver the purchased goods to you. We will also use your personal data to issue an invoice or bill. If you contact us with questions about your order, your personal data will also be used to answer you.
If you create an account in our online store available at https://thecakes.pl/ („Store”), your personal data will also be processed for the purpose of maintaining your account in the Store and enabling you to log in to the Store and place orders.
For the processing of your data referred to in the previous two paragraphs, we do not need your separate consent for this processing. We process them under the statutory authorization to process personal data to the extent necessary to perform the contract.
Important! Your provision of personal data in the order form is always voluntary. However, if you do not provide those personal data that are marked as required, you will not be able to purchase the service or goods.
If you have made a purchase of our goods or services, but have not made full payment (as long as the system creates the possibility of using the goods or services before full payment is made), we will also be able to process your data for the purpose of claiming. Again, we do not need your separate consent for this, as we are pursuing our legitimate legal interest in this way. Also without your consent, we will be able to process your personal data to the necessary extent for statistical purposes and business analysis of our operations.
In addition, from time to time, we may collect consent from you to process your personal data for other purposes as well. For example, you may give us consent to process your personal data for the purpose of marketing the services and goods offered by us or our cooperating business partners, including receiving commercial information to the e-mail or telephone number you provide (so-called "marketing consent"). In this case, we process your personal data on the basis of your consent, which you can withdraw at any time, and which is always voluntary. Our marketing activities may consist of, among other things:
1. to inform you about our new products or services, promotions, loyalty and partner programs used by us, and to send you invitations to participate in special programs;
2. sending or providing you with catalogs, newsletters, promotional materials and other similar materials.
Your marketing consent will be recorded by us so that we can demonstrate that it was given to us.
If you give your marketing consent, you will receive commercial information about goods and services offered by us and, if you agree, our business partners.
You may also consent to the processing of your personal data for other purposes, which we will describe to you in detail before you give your consent.
Whenever we process your personal data based on the consent you have given us, you may withdraw that consent at any time. Once you withdraw your consent, we will stop processing your personal data for the purpose for which you previously gave your consent. The withdrawal of your consent does not affect the processing performed before the withdrawal of your consent.
III. Recipients or category of recipients of your personal data
The processing of your personal data may be entrusted to entities cooperating with us. Such processing is always entrusted on the basis of a written agreement. Entrusting data processing means that third parties will gain access to your data, but only for the purpose of processing it on our behalf and within the scope of the purposes specified by us.
In order to perform the contracts under which you purchase our goods or services, your personal data may be entrusted in particular to the following entities or categories of entities:
1. to postal and courier service providers,
2. entities providing payment intermediation services,
3. entities providing hosting services to us,
4. entities providing accounting and legal services to us,
5. entities providing IT services to us.
If you have consented to the processing of your personal data for the purpose of marketing goods and services and sending you commercial information, your personal data may also be entrusted to entities providing marketing, advertising, promotional services to us. Your data will not be used by these entities for marketing, sale or promotion of their own goods or services.
Your personal data will not be transferred to third countries without your separate consent.
IV. Retention period of your personal data
Your personal data will be stored for the period necessary to complete and settle orders placed. During the period of operation of The Cakes spółka z ograniczoną odpowiedzialnością with its registered office in Warsaw, Poland (the Administrator), your personal data will also be stored for the purpose of fulfilling obligations incumbent on us (e.g. accounting) or for the fulfillment of our justified interests (statistical purposes and business analysis).
Where the processing of your data is based on your consent, your personal data will be processed until you declare that you have withdrawn your consent to process your personal data for the purpose for which the consent was given. However, despite the withdrawal of your consent, we will still be able to process your personal data when (and only to the extent that) we are authorized to do so by generally applicable law (e.g., to establish, assert or defend claims).
V. Rights regarding the processing of your personal data
In connection with our processing of your personal data, you have numerous rights. These include:
A. Right to request access to personal data
At any time you can request from us information about what your personal data is processed by us and for what purpose we process the personal data. You can also request from us information on which entities we have entrusted with processing your personal data. If the information provided in the "Period of storage of your personal data" section is insufficient, we will also provide you with more detailed information in this regard upon your request. You may also request us to provide you with any information related to your right to lodge a complaint with a supervisory authority in matters of data protection, as well as any other rights.
Importantly, you can request a copy of your personal data processed by us at any time. The first copy of such data is always free of charge. If you request a second copy of them, we may charge a nominal fee for its issuance to cover the administrative costs associated with its issuance. If your request for a copy of your personal data is sent to us electronically and does not include a request for a copy in any other form, then you will also receive a copy of your personal data electronically. In the event that the issuance of a copy of your personal data cannot take place without disclosing the personal data of others, we will inform you that we cannot issue you with the requested copy.
B. Right to request rectification of personal data
At any time you can request that we correct your personal data if it is incorrect. You can also request at any time to complete your incomplete personal data.
C. Right to request erasure of personal data
You may request us to delete your personal data at any time when:
1. the data are no longer necessary for the purposes for which they were collected or otherwise processed,
2. you have objected to our processing of your personal data, and there is no compelling interest on our side in processing it that overrides your right,
3. when you determine that we are processing your personal data unlawfully and this is confirmed,
4. personal data must be deleted in order to comply with a legal obligation under European Union law or Polish law,
5. you withdraw your consent to the processing of your personal data, and their processing was carried out precisely on the basis of this consent.
6. in all these cases, your personal data will be deleted by us without undue delay.
Nevertheless, your request will not be fulfilled in the following cases:
1. when further processing of your personal data is necessary for us to comply with a legal obligation under European Union or Polish law,
2. when further processing of your personal data becomes necessary for the establishment, investigation or defense of claims.
Please be advised that one of the technical measures we use to protect your personal data is to back up our information systems. If we are required to delete your personal data, we will take all reasonable measures to ensure that your data will not be accessible even if we need to restore a copy of the system.
D. Right to request restriction of processing of personal data
In the cases described in this section, you may request us to restrict the processing of your personal data. By limitation of the processing of personal data is meant such marking of your data in our systems that will allow us to limit its processing in the future. You may request a restriction of the processing of your data when:
1. you question the accuracy of your data, in which case we will limit the processing of your data for a period of time that allows us to verify the accuracy of the data,
2. when we determine that the processing of your data is unlawful, and yet you object to its removal from our systems, but want to limit its processing,
3. we determine that we no longer need to process your personal data, but you still want to retain it in our systems because you believe it is necessary for you to establish, assert or defend your claims,
4. you object to our processing of your personal data for the purposes of our legitimate interests, in which case we will restrict the processing of your personal data until we determine whether our interest in processing your data overrides the grounds for your request.
If in the above cases you make a request for restriction of the processing of your personal data, the only operation we will undertake with respect to such data will be their storage. Other forms of their processing will be possible when you give your consent, or when such processing is necessary to establish, assert or defend our claims, or when it is necessary to protect the rights of another natural or legal person.
We will always inform you before lifting a restriction on the processing of your personal data.
E. The right to object to the processing of personal data
When we process your personal data for purposes arising from our legitimate interests (e.g., statistical purposes or business analysis), you will be able to object to their processing. In that case, we will stop processing them unless we can demonstrate grounds for further processing for the purpose of establishing, asserting or defending claims, or if we can demonstrate that our interest in processing your data outweighs your entitlement.
If you have given us marketing consent, you may at any time request that we stop processing your personal data for this purpose. In this case, we will immediately cease processing them for this particular purpose.
F. The right to request the transfer of personal data
In the event that we process your personal data by automated means, either on the basis of your consent or in connection with the performance of a contract concluded between us, you will be able to request from us to receive your data in a structured form, in a commonly used electronic file format (e.g. excel) so that you can also use this data with other entities. You will also be able to request us to transfer such file to a personal data controller designated by you other than us.
G. The right to lodge a complaint with a supervisory authority
If you believe that our processing of your personal data violates your rights or is otherwise incompatible with Polish or European Union law, you have the right to lodge a complaint with the Inspector General for Personal Data Protection.
VI. Legal basis
This Privacy Policy is provided in order to comply with the obligations under:
1. Article 24 of the Act of August 29, 1997 on the Protection of Personal Data (i.e., June 13, 2016, Journal of Laws of 2016, item 922, as amended),
2. Article 13 of Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC,
3. Article 20(1) of the Act of July 18, 2002 on the provision of services by electronic means (i.e., Journal of Laws 2017, item 1219, as amended),
4. Article 173 of the Telecommunications Law of July 16, 2004 (i.e., Journal of Laws 2017, item 1907, as amended).