Privacy Policy
BERRIES&CO PRIVACY POLICY
This Privacy Policy (hereinafter: "Policy") contains information on the processing of your personal data in connection with the use of the "BERRIES&CO" online store operating at the https://berriesandco.pl/ website (hereinafter: "Store"), in accordance with the provisions of 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 the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation) (hereinafter: "GDPR"), the Act of 10 May 2018 on the protection of personal data and other provisions on the protection of personal data.
All capitalized terms not otherwise defined in the Policy have the meaning given to them in the Terms and Conditions, available at: https://berriesandco.pl/pages/regulamin.
Personal data administrator
The administrator of your personal data is Berries&Co spółka z ograniczoną odpowiedzialnością with its registered office in Warsaw (registered office address: 46/7 Mokotowska Street, 00-543 Warsaw), entered into the register of entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw in Warsaw, XII Commercial Division of the National Court Register under KRS number: 0001097169, with NIP (Tax Identification Number): 7010517464, REGON (National Business Registry Number): 362910109, with share capital in the amount of PLN 5,000.00 (five thousand zlotys) (hereinafter: "Administrator").
In all matters related to the processing of personal data, you can contact the Administrator by e-mail at: shop@berriesandco.pl.
Information on the personal data processed
I. Data processed on the basis of Article 6(1)(b) of the GDPR for the performance of a contract to which the data subject is a party or to take action at the request of the data subject by concluding a contract
Conclusion and performance of the Account Service Agreement
- Personal data processed
1) name and surname
2) E-mail address
3) Date of birth- Legal basis
The processing is necessary for the performance of the Account Service Agreement or to take steps to enter into it.
- Processing time
Until the statute of limitations for claims under the Account Service Agreement expires.
Providing the above-mentioned personal data is a condition for concluding and performing the contract for the provision of the Account Service. Providing them is voluntary, but the consequence of not providing them will be the inability to conclude and perform the Account Service Agreement, including the creation of an Account.
Conclusion and performance of the Sales Agreement
- Personal data processed
1) name and surname
2) E-mail address
3) address of residence/business (street, house number, apartment number, city, postal code, country)
4) delivery address (if different from your home/business address)
5) optionally - the company and the NIP (if the Buyer is an Entrepreneur or an Entrepreneur with Consumer rights)
6) optionally – the Client’s image, in the case of purchasing personalized medallions- Legal basis
The processing is necessary for the performance of the Sales Agreement concluded with the data subject or to take steps to conclude it)
- Processing time
Until the statute of limitations for claims arising from the Sales Agreement expires.
Providing the above-mentioned personal data is a condition for concluding and performing the Sales Agreement (providing them is voluntary, but the consequence of not providing them will be the inability to conclude and perform the Sales Agreement).
Conclusion and performance of the Agreement for the repair of used Goods
- Personal data processed
1) name and surname
2) E-mail address
3) Address- Legal basis
The processing is necessary for the performance of the Agreement for the repair of used Goods concluded with the data subject or to take steps to conclude it)
- Processing time
Until the statute of limitations for claims arising from the Agreement for the repair of used Goods expires.
Providing the above-mentioned personal data is a condition for concluding and performing the Agreement for the repair of used Goods (their provision is voluntary, but the consequence of not providing them will be the inability to conclude and perform the Agreement for the repair of used Goods).
Conclusion and performance of the Newsletter Delivery Agreement in the form of e-mail messages, WhatsApp messages or text messages
- Personal data processed
E-mail address or telephone number
- Legal basis
The processing is necessary for the performance of the Newsletter Delivery Agreement concluded with the data subject or to take steps to conclude it and implementation of the legitimate interest of the Administrator, in this case informing about new products and promotions available in the Store.
- Processing time
Until an effective objection is raised or the purpose of processing is achieved, or until the statute of limitations for claims under the Newsletter Delivery Agreement expires (whichever occurs first).
Providing the above-mentioned personal data is voluntary, but necessary in order to receive the Newsletter (the consequence of not providing them will be the inability to receive the Newsletter).
II. Data processed on the basis of Article 6(1)(c) of the GDPR for compliance with a legal obligation to which the Administrator is subject
Conducting a complaint procedure
- Personal data processed
1) name and surname
2) Address
3) E-mail address- Legal basis
The processing is necessary for the fulfilment of the following obligations: − responding to a complaint – Article 7a of the Consumer Rights Act; − exercising the Clients's rights resulting from the provisions on the Administrator's liability in the event of non- compliance of the Goods with the Sales Agreement or the Subject of digital supply with the Agreement)
- Processing time
For the duration of the complaint procedure, and in the case of exercising the above-mentioned rights of the Client – until their limitation period.
Providing the above-mentioned personal data is a condition for receiving a response to the complaint or exercising the Client's rights resulting from the provisions on the Administrator's liability in the event of non-compliance of the Goods with the Sales Agreement or the Subject of digital supply with the Agreement (providing them is voluntary, but the consequence of not providing them will be the inability to receive a response to the complaint and to exercise the above-mentioned rights).
Fulfilling tax obligations (m.in. issuing a VAT invoice, storing accounting documentation)
- Personal data processed
1) Name and surname/company
2) address of residence/registered office
3) TIN- Legal basis
The processing is necessary for compliance with obligations under tax law.
- Processing time
For a period of 5 years from the end of the year in which the deadline for payment of tax for the previous year expired.
Providing the above-mentioned personal data is voluntary, but necessary for the Administrator to meet its tax obligations (the consequence of failure to provide them will be the Administrator's inability to meet the above-mentioned obligations).
Compliance with obligations related to the protection of personal data
- Personal data processed
1) name and surname
2) contact details provided by you (e-mail address; correspondence address; telephone number)- Legal basis
The processing is necessary to comply with obligations under data protection laws.
- Processing time
Until the expiry of the limitation periods for claims for violation of personal data protection regulations.
Providing the above-mentioned personal data is voluntary, but necessary for the proper performance by the Administrator of the obligations resulting from the provisions on the protection of personal data, m.in. the exercise of the rights granted to you by the GDPR (the consequence of failure to provide the above- mentioned data will be the inability to properly exercise the above-mentioned rights).
III. Data processed on the basis of Article 6(1)(f) of the GDPR, in order to pursue the legitimate interest of the Administrator.
Email notifications
- Personal data processed
E-mail address
- Legal basis
The processing is necessary for the purpose of informing the Clients about the activities undertaken related to the performance of the Agreements concluded with the Clients.
- Processing time
Until an effective objection is made or the purpose of the processing is achieved (whichever occurs first).
Providing the above-mentioned personal data is voluntary, but necessary in order to receive information about activities related to the performance of Agreements concluded with Clients (the consequence of failure to provide them will be the inability to receive the above-mentioned information).
Handling inquiries submitted by Clients
- Personal data processed
1) name and surname
2) E-mail address
3) other data contained in the message to the Administrator- Legal basis
The processing is necessary in order to respond to the inquiry received.
- Processing time
Until an effective objection is made or the purpose of the processing is achieved (whichever occurs first).
Providing the above-mentioned personal data is voluntary, but necessary in order to receive a response to the inquiry (the consequence of failure to provide them will be the inability to receive an answer).
Maintaining the Administrator's profiles (hereinafter: "Profiles") on Facebook, Instagram, TikTok, Pinterest and YouTube social networking sites (hereinafter: "Websites")
- Personal data processed
1) the user's profile name, which usually consists of the user's first and last name
2) Your personal information that is available as "public" on your profile
3) your image (if it appears as "public" on the photos available on your profile)
4) personal data placed by the user in the comments under the content published on the Profile or sent in a private message to the Profile
5) statistical data collected by the Website- Legal basis
The processing is necessary to inform about the Administrator's activities, to promote them, and to build and maintain contact with the community of users gathered around the Profiles.
- Processing time
Until an effective objection is made or the purpose of the processing is achieved (whichever occurs first).
Providing the above-mentioned personal data is voluntary, but necessary in order to use the Profile or its individual functionalities (failure to provide the above-mentioned data will result in the inability to use the Profile). The Administrator informs that in the scope of personal data processed for statistical and advertising purposes, the co-Administrators of users' personal data are the administrators of the Websites. Detailed information on mutual arrangements between the Administrator and the administrators of the Websites and the processing of personal data by them can be found in the privacy policies and other documents published on the Websites.
Establishing, exercising or defending against legal claims
- Personal data processed
1) Name and surname/company
2) E-mail address
3) address of residence/registered office
4) PESEL number
5) TIN- Legal basis
The processing is necessary in order to establish, pursue or defend against claims that may arise in connection with the performance of the Agreements concluded with the Administrator)
- Processing time
Until the expiry of the limitation periods for claims that may arise in connection with the performance of the Agreements concluded with the Administrator.
Providing the above-mentioned personal data is voluntary, but necessary in order to establish, pursue or defend against claims that may arise in connection with the performance of the Agreements concluded with the Administrator (the consequence of failure to provide the above-mentioned data will be the inability of the Administrator to take the above-mentioned actions)
Analyzing your activity in the Store
- Personal data processed
1) Date and time of the visit
2) IP number of the device
3) device operating system type
4) approximate location
5) type of web browser
6) time spent in the Shop
7) Viewed Goods
8) visited subpages and other activities undertaken within the Store- Legal basis
The processing is necessary in order to obtain information about your activity in the Store.
- Processing time
Until an effective objection is made or the purpose of processing is achieved.
Providing the above-mentioned personal data is voluntary, but necessary in order for the Administrator to obtain information about your activity in the Store (the consequence of failure to provide them will be the Administrator's inability to obtain the above-mentioned information).
Store administration
- Personal data processed
1) IP address
2) server date and time
3) Web browser information
4) Operating System Information The above data are saved automatically in the so-called server logs, each time the Store is used (it would not be possible to administer it without the use of server logs and automatic saving).- Legal basis
The processing is necessary to ensure the proper operation of the Store.
- Processing time
Until an effective objection is made or the purpose of processing is achieved.
Providing the above-mentioned personal data is voluntary, but necessary to ensure the proper operation of the Store (the consequence of failure to provide them will be the inability to ensure the proper operation of the Store).
Participation in the Promotional Program and promotional campaigns
- Personal data processed
1) name and surname
2) E-mail address
3) Date of birth- Legal basis
The processing is necessary for the performance of obligations arising from promotional campaigns.
- Processing time
Until the statute of limitations for claims arising from the promotion expires.
Providing the above-mentioned personal data is a condition for participation in the Promotional Program and promotional campaigns. Providing them is voluntary, but the consequence of not providing them will be the inability to participate in the above-mentioned actions.
Granting discounts and other benefits to Clients
- Personal data processed
1) name and surname
2) E-mail address
3) data on orders placed- Legal basis
The processing is necessary in order to grant discounts and other benefits offered by the Administrator to the Clients.
- Processing time
Until an effective objection is made or the purpose of processing is achieved.
Providing the above-mentioned personal data is voluntary, but necessary in order to grant discounts and other benefits offered by the Administrator to the Clients (the consequence of not providing them will be the inability to receive the above-mentioned benefits).
Handling of chatbot communications
- Personal data processed
1) E-mail address
2) other data contained in the chatbot message- Legal basis
The processing is necessary for the purpose of enabling the Clients to use the chatbot.
- Processing time
Until an effective objection is made or the purpose of processing is achieved.
Providing the above personal data is voluntary; but necessary in order to enable the Clients to use the chatbot offered by the Administrator. Failure to provide such data will result in the inability to use the chatbot
Providing Clients with information about the delivery status of the Goods
- Personal data processed
1) telephone number
2) data on orders placed- Legal basis
The processing is necessary in order for the Administrator to inform the Clients about the delivery status of the Goods.
- Processing time
Until an effective objection is made or the purpose of processing is achieved.
Providing the above personal data is voluntary; but it is necessary in order for the Clients to receive information about the delivery status of the Goods. Failure to provide such data will result in the inability to receive this information.
Ordinary profiling
To create your profile for marketing purposes and direct marketing tailored to your preferences, the Administrator will process your personal data in an automated manner, including profiling them – however, this will not have any legal effects on you or significantly affect your situation in a similar way.
The scope of profiled personal data corresponds to the scope indicated above in relation to the analysis of your activity in the Store and the data that you save on the Account.
The legal basis for the processing of personal data for the above purpose is Article 6(1)(f) of the GDPR, according to which the Administrator may process personal data in order to pursue its legitimate interest, in this case to conduct marketing activities tailored to the preferences of recipients. Providing the above-mentioned personal data is voluntary, but necessary to achieve the above-mentioned purpose (the consequence of not providing them will be the Administrator's inability to conduct marketing activities tailored to the preferences of recipients).
The Administrator will process personal data for the purpose of profiling them until an effective objection is raised or the purpose of processing is achieved.
Qualified profiling
To grant discounts and other benefits to Clients on the basis of the analysis of data concerning their activity in the Store, the Administrator will process your personal data in an automated manner (including profiling them) in order to make a decision on granting a discount or other benefit. The processing of personal data described takes place in connection with your consent (Article 22(2)(c) of the GDPR).
The scope of profiled personal data corresponds to the scope indicated above in relation to granting discounts and other benefits to Clients.
The legal basis for the processing of personal data for the above purpose is Article 6(1)(f) of the GDPR, according to which the Administrator may process personal data in order to pursue its legitimate interest (in this case - granting discounts and other benefits offered by the Administrator to Clients). Providing the above-mentioned personal data is voluntary, but necessary to achieve the above- mentioned purpose (the consequence of not providing them will be the inability to receive the above- mentioned benefits).
The Administrator will process personal data for the above purpose until an effective objection is raised or the purpose of processing is achieved.
In accordance with Article 22(3) of the GDPR, if you receive a discount or other benefit granted on the basis of an automated decision, you have the right to:
1) contest that decision;
2) express their views on the decision;
3) get help from a human.
If you wish to exercise the above rights, please contact the Administrator by e-mail.
Recipients of personal data
The recipients of personal data will be the following external entities cooperating with the Administrator:
a) hosting company;
b) logistics operator and courier companies;
c) providers of online payment systems;
d) newsletter service provider;
e) provider of chatbot tool;
f) provider of SMS/WhatsApp automatic response tool;
g) provider of shipment status notification tool provider;
h) companies providing tools for analyzing activity in the Store and directing direct marketing to its users (m.in. Google Analytics);
i) companies providing tools for granting discounts and other benefits to Clients;
j) a company providing accounting services;
k) legal services company.
In addition, personal data may also be transferred to public or private entities, if such an obligation results from generally applicable law, a final court judgment or a final administrative decision.
Transfer of personal data to a third country
In connection with the Administrator's use of the services provided by Google LLC, your personal data may be transferred to the following third countries: Great Britain, Canada, USA, Chile, Brazil, Israel, Saudi Arabia, Qatar, India, China, South Korea, Japan, Singapore, Taiwan (Republic of China), Indonesia and Australia. The basis for the transfer of data to the above-mentioned third countries are:
− in the case of the United Kingdom, Canada, Israel, Japan and South Korea - a decision of the European Commission stating an adequate level of protection of personal data in each of the above-mentioned third countries;
− for the USA, Commission Implementing Decision (EU) 2023/1795 of 10 July 2023 pursuant to Regulation (EU) 2016/679 of the European Parliament and of the Council, determining the adequacy of the level of protection of personal data ensured by the EU-US data protection framework;
− in the case of Chile, Brazil, Saudi Arabia, Qatar, India, China, Singapore, Taiwan (Republic of China), Indonesia and Australia, adequacy contractual clauses in line with the standard contractual clauses set out in Commission Implementing Decision (EU) 2021/914 of 4 June 2021 on standard contractual clauses for the transfer of personal data to third countries pursuant to Regulation (EU) 2016/679 of the European Parliament and of the Council.
You can obtain from the Administrator a copy of the data transferred to a third country.
Permissions
In connection with the processing of personal data, you have the following rights:
1) the right to be informed what personal data concerning you is processed by the Administrator and to receive a copy of this data (the so-called right of access). Issuing the first copy of the data is free of charge, for subsequent copies the Administrator may charge a fee;
2) if the processed data becomes outdated or incomplete (or otherwise incorrect), you have the right to request its rectification;
3) in certain situations, you can ask the Administrator to delete your personal data, e.g. when:
a) the data will no longer be needed by the Administrator for the purposes of which it has informed;
b) you have effectively withdrawn your consent to the processing of data - unless the Administrator has the right to process the data on another legal basis;
c) the processing is unlawful;
d) the need to delete the data results from a legal obligation to which the Administrator is subject;
4) if personal data is processed by the Administrator on the basis of the consent granted to the processing or in order to perform the Agreement concluded with him, you have the right to transfer your data to another administrator;
5) if personal data is processed by the Administrator on the basis of your consent to the processing, you have the right to withdraw this consent at any time (the withdrawal of consent does not affect the lawfulness of the processing that was carried out on the basis of consent before its withdrawal);
6) if you believe that the processed personal data are incorrect, their processing is unlawful, or the Administrator no longer needs certain data, you can request that for a specified period of time (e.g. checking the correctness of the data or pursuing claims) the Administrator does not perform any operations on the data, but only stores them;
7) you have the right to object to the processing of personal data based on the legitimate interest of the Administrator. In the event of an effective objection, the Administrator will cease to process personal data for the above-mentioned purpose;
8) you have the right to lodge a complaint with the President of the Office for Personal Data Protection if you believe that the processing of personal data violates the provisions of the GDPR.
Cookies
1. The Administrator informs that the Store uses "cookies" installed on your end device. These are small text files that can be read by the Administrator's system, as well as by systems belonging to other entities whose services are used by the Administrator (e.g. Facebook, Google).
2. The Administrator uses cookies for the following purposes:
a) ensuring the proper operation of the Store – thanks to cookies, it is possible for the Store to operate efficiently, use its functions and conveniently move between individual subpages;
b) increasing the comfort of browsing the Store – thanks to cookies, it is possible to detect errors on some subpages and constantly improve them;
c) creating statistics – cookies are used to analyse the way users use the Store. Thanks to this, it is possible to constantly improve the Store and adapt its operation to the preferences of users;
d) conducting marketing activities – thanks to cookies, the Administrator can direct advertisements to users tailored to their preferences.
3. Your administrator can place both permanent and temporary (session) files on your device. Session cookies are usually deleted when you close your browser, but closing your browser does not delete persistent cookies.
4. Information about cookies used by the Administrator is displayed in the panel located at the bottom of the Store's website. Depending on your decision, you can enable or disable cookies of particular categories (except for necessary cookies) and change these settings at any time.
5. The data collected by means of cookies do not allow the Administrator to identify you.
6. Through most used browsers, you can check whether cookies have been installed on your end device, as well as delete the installed cookies and block their installation in the future by the Store.
However, disabling or limiting the use of cookies may cause quite serious difficulties in using the Store, e.g. in the form of the need to log in on each subpage, longer loading time of the Store's website, limitations in the use of certain functionalities.
Final provisions
The policy is effective from 11.03 2026.