2) The owner of the Internet Shop and, at the same time, the data controller is Adrián Molina Saura conducting business activity under the name Adrián Molina Jazz Guitar with e-mail: firstname.lastname@example.org, DNI: 23059632Q, hereinafter referred to as Adrián Molina.
3) Personal data collected by Adrián Molina through the Online Shop are processed in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals 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), also referred to as RODO.
4) Adrián Molina takes special care to respect the privacy of Clients visiting the Online Shop.
§ 1 TYPE OF DATA PROCESSED, PURPUSE AND LEGAL BASIS
1) Adrián Molina collects information on natural persons performing a legal action not directly related to their business, natural persons conducting business or professional activities on their own behalf, and natural persons representing legal persons or organizational entities that are not legal persons, to which the law grants legal capacity, hereinafter referred to collectively as the Clients.
2) Clients' personal data are collected in the event of:
a) registration of an account in the Online Shop, in order to create and manage an individual account. Legal basis: necessity to execute the agreement on providing the Account service (art. 6 par. 1 lit. b RODO);
b) placing an order in the Online Shop, in order to perform the sales agreement. Legal basis: necessity for the performance of the sales contract (Article 6(1)(b) of the DPA);
c) subscribing to a newsletter (Newsletter), for the purpose of performing a contract the subject of which is a service provided electronically. Legal basis - consent of the data subject to the performance of the contract for the provision of the Newsletter service (Article 6(1)(a) RODO);
d) use of the contact form service in the Online Shop for the purpose of performance of an agreement for the provision of electronic services. Legal basis: necessity to perform the contract for the provision of the contact form service (Article 6(1)(b) RODO).
3) In the case of registration of an account in the Online Shop, the Client provides:
a) e-mail address.
4) When registering an account with the Online Shop, the Client independently sets an individual password to access his/her account. The Client may change the password at a later time, according to the principles described in § 5.
5) When placing an order in the Online Store, the Client provides the following data:
(a) e-mail address;
(b) address data:
a. postal code and city;
b. country (state);
c. street with the house/flat number.
c) name and surname;
d) telephone number.
6) In the case of Entrepreneurs, the above data shall be further extended to include:
a) the business name of the Entrepreneur;
b) Tax Identification Number.
7) In the case of using the Newsletter service, the Client provides only his/her e-mail address.
8) In the case of using the contact form service, the Client provides the following data:
a) e-mail address;
b) name and surname.
9) Retrieving abandoned shopping carts. If the Client starts the ordering process but does not complete it, this fact will be noted by the Seller's system and the Client will receive a notification to his/her e-mail address that the order can be finalized. For this purpose, the Client's personal data collected by the Seller in connection with the start of the order placement process is processed. Data processing in this case is based on legitimate interests (Article 6(1)(f) RODO). The Client may opt-out of receiving abandoned cart recovery emails by clicking on the link available within the abandoned cart recovery email.
10) When using the Store's Website, additional information may be collected, in particular: the IP address assigned to the Client's computer or an external IP address of the Internet provider, domain name, browser type, access time, operating system type.
11) We may also collect navigational data from Client, including information about links and references they choose to click on or other actions taken in the Online Store. Legal basis - legally justified interest (Article 6(1)(f) RODO), consisting in facilitating the use of services provided electronically and improving the functionality of these services.
12) for the purpose of determining, investigation and enforcement of claims, some personal data provided by the Client as part of the use of functionalities in the Online Store may be processed, such as: name, surname, data on the use of services, if the claims arise from the manner in which the Client uses the services, other data necessary to prove the existence of the claim, including the extent of damage suffered. Legal basis - a legitimate interest (Article 6(1)(f) of the RODO), consisting of the establishment, investigation and enforcement of claims and the defence against claims in proceedings before courts and other state authorities.
13) Transfer of personal data to the Adrián Molina is voluntary, in connection with the concluded contracts of sale, or provision of services via the Store's website, with the proviso, however, that failure to provide the data specified in the forms during the Registration process prevents the registration and creation of a Client Account, and in the case of placing an order without the Registration of a Client Account prevents the submission and processing of the customer order.
§ 2 TO WHOM IS THE DATA SHARED OR ENTRUSTED AND HOW LONG IS IT STORED?
1) Client's personal data are transferred to service providers used by Adrián Molina to run the Online Store. The service providers to whom the personal data are transferred, depending on the contractual arrangements and circumstances, are either subject to the instructions of Adrián Molina as to the purposes and means of processing such data (processors) or they themselves determine the purposes and means of processing (controllers).
a) Processors. Adrián Molina uses suppliers who process personal data exclusively on the instructions of Adrián Molina. These include, but are not limited to, providers of hosting services, accounting services, providers of marketing systems, systems for analyzing traffic on the Online Shop, systems for analyzing the effectiveness of marketing campaigns;
b) Administrators. Adrián Molina uses providers who do not act solely on instructions and determine themselves the purposes and ways of using Client' personal data. They provide electronic payment and banking services.
2) The Client' personal data is stored:
a) If the basis for the processing of personal data is consent, then the Client's personal data are processed by Adrián Molina as long as the consent is not revoked, and after the revocation of consent for a period of time corresponding to the period of limitation of claims that Adrián Molina may raise and that may be raised against it. Unless otherwise provided by a specific provision, the limitation period is six years, and for claims for periodic benefits and claims related to the conduct of business activity - three years.
b) If the basis of data processing is the performance of the contract, then the Client's personal data are processed by Adrián Molina as long as it is necessary for the performance of the contract, and after that for a period corresponding to the period of limitation of claims. If a specific provision does not provide otherwise, the limitation period is six years, and for claims for periodic performance and claims related to the conduct of business - three years.
3) If you make a purchase in the Online Store, your personal data may be transferred to a courier company, in order to deliver the ordered goods.
4) Navigational data may be used to provide better service to Clients, the analysis of statistical data and to adapt the Online Store to Clients preferences, as well as to administer the Online Store.
5) If the Client subscribes to the newsletter (Newsletter) on his email address Adrián Molina will send electronic messages containing commercial information about new events, services or products available in the Online Store.
6) In case of a request Adrián Molina makes personal data available to authorized state authorities, in particular the organizational units of the Prosecutor's Office, the Police, the President of the Office for Personal Data Protection, the President of the Office for Competition and Consumer Protection or the President of the Office of Electronic Communications.
§ 3 COOKIE MECHANISM, IP ADDRESS
1) The Internet Shop uses small files, called cookies. They are stored by Adrián Molina on the end device of the person visiting the Web Shop, if the Internet browser allows it. A cookie file usually contains the name of the domain it came from, its "expiry time" and an individual random number identifying the file. Information collected by cookies of this type helps to adapt products offered by Adrián Molina to the individual preferences and real needs of visitors to the Online Shop. They also make it possible to compile general statistics on visits to products presented in the Online Shop.
2) Adrián Molina uses two types of cookies:
a) Session cookies: when the session of a given browser ends or the computer is switched off, the stored information is deleted from the device memory. The mechanism of session cookies does not allow collecting any personal data or any confidential information from Clients' computers.
b) Permanent cookies: are stored in the memory of the Client's terminal equipment and remain there until they are deleted or expire. The mechanism of persistent cookies does not allow collecting any personal data or any confidential information from the Clients' computer.
3) Adrián Molina uses own cookies in order to:
a) authenticating the Client in the Internet Shop and ensuring a session of the Client in the Internet Shop (after logging in), thanks to which the Client does not have to re-enter his/her login and password on each subpage of the Internet Shop;
b) analyses, research and audience audit, and in particular to create anonymous statistics which help to understand how the Clients use the Shop's Internet site, which enables improving its structure and content.
4) Adrián Molina uses external cookies in order to collect general and anonymous statistical data through Google Analytics analytical tools (administrator of external cookies: Google Inc. based in the USA);
5) The cookie mechanism is safe for the Online Store Clients' computers. In particular, this way it is not possible for viruses or other unwanted software or malware to get into the Clients' computers. Nevertheless, Clients have the possibility to limit or disable access of cookies to their computers in their browsers. If this option is used, the use of the Internet Shop shall be possible, except for functions which by their nature require cookies.
a) Chrome and Chrome Mobile browser;
b) Facebook in-app browser;
c) Internet Explorer browser;
d) Microsoft EDGE browser;
e) The Mozilla Firefox browser;
f) The Opera browser
g) The Safari and Safari Mobile browser;
h) The Samsung browser.
7) Adrián Molina may collect IP addresses of Clients. IP address is a number assigned to the computer of a person visiting the Internet Shop by the Internet Service Provider. IP number allows access to the Internet. In most cases, it is assigned to your computer dynamically, i.e. changes each time you connect to the Internet. IP address is used by Adrián Molina to diagnose technical problems with the server, to create statistical analysis (e.g. determination of the regions from which we record the most visits), as information useful for administration and improvement of the Internet Shop, as well as for security purposes and possible identification of server-overloading, unwanted automatic programs to browse the contents of the Internet Shop.
8) The Internet shop contains links and references to other websites. Adrián Molina is not responsible for the privacy policies on these sites.
§ 4 DATA SUBJECTS' RIGHTS
1) Right to withdraw consent - legal basis: article 7(3) of the RODO.
a) The Client has the right to withdraw any consent given by Adrián Molina.
b) Withdrawal of consent has effect from the moment of withdrawal of consent.
c) Withdrawal of consent does not affect the processing carried out by Adrián Molina lawfully before its withdrawal.
d) Withdrawal of consent does not entail any negative consequences for the Client, but may prevent further use of services or functionalities that Adrián Molina can legally provide only with consent.
2) The right to object to data processing - legal basis: Article 21 RODO.
a) The Client has the right to object at any time - for reasons related to his/her particular situation - to the processing of his/her personal data, including profiling, if Adrián Molina processes his/her data on the basis of a legitimate interest, such as marketing of products and services of Adrián Molina, keeping statistics on the use of individual functionalities of the Online Store and facilitating the use of the Online Store, as well as satisfaction surveys.
b) Resignation in the form of an e-mail from receiving marketing messages concerning products or services will mean that the Client objects to the processing of his/her personal data, including profiling for these purposes.
c) If the Client's objection proves to be justified and Adrián Molina has no other legal basis for processing the personal data, the Client's personal data will be deleted, against the processing of which the Client has raised an objection.
3 The right to erasure of data ("right to be forgotten") - legal basis: article 17 of the RODO.
a) The Client has the right to request the erasure of all or some personal data.
b) The Client has the right to request the erasure of personal data if:
a. the personal data are no longer necessary for the purposes for which they were collected or for which they were processed;
b. he/she has withdrawn specific consent, to the extent that the personal data were processed based on his/her consent;
c. he/she has objected to the use of his/her data for marketing purposes;
d. the personal data are processed unlawfully;
e. the personal data must be erased in order to comply with a legal obligation provided for by Union law or the law of a Member State to which Adrián Molina is subject;
f. the personal data was collected in connection with the offering of information society services.
c) Despite a request for erasure of personal data, due to an objection or withdrawal of consent, Adrián Molina may still retain certain personal data to the extent that the processing is necessary for the establishment, assertion or defence of claims, as well as for compliance with a legal obligation requiring processing under Union law or the law of a Member State to which Adrián Molina is subject. This applies in particular to personal data including: name, surname, e-mail address, which data are retained for the purpose of examining complaints and claims related to the use of services of Adrián Molina, or additionally home address / correspondence address, order number, which data are retained for the purpose of examining complaints and claims related to concluded sales contracts or provision of services.
4 The right to restrict data processing - legal basis: article 18 RODO.
a) The Client has the right to request the restriction of the processing of his personal data. The submission of the request, until it is considered, prevents the use of certain functionalities or services, the use of which will involve the processing of data covered by the request. Adrián Molina will also not send any messages, including marketing messages.
b) The Client has the right to request the restriction of the use of personal data in the following cases:
a. when he or she questions the correctness of his or her personal data, in which case Adrián Molina shall limit the use of the data for the time needed to verify the correctness of the data, but for no longer than 7 days;
b. when the processing of the data is unlawful, and instead of deleting the data the Client requests the restriction of its use;
c. when the personal data are no longer necessary for the purposes for which they were collected or used, but are needed by the Client to establish, assert or defend a claim;
d. when he/she has objected to the use of his/her data - then the restriction shall take place for the time necessary to consider whether, due to the particular situation, the protection of the interests, rights and freedoms of the Client outweighs the interests pursued by the Administrator by processing the Client's personal data.
5) The right of access to data - legal basis: Article 15 RODO.
a) The Client has the right to obtain confirmation from the Administrator as to whether it is processing personal data, and if this is the case, the Client has the right:
a. gain access to his/her personal data;
b. obtain information about the purposes of processing, the categories of personal data processed, the recipients or categories of recipients of such data, the intended period of storage of the Client's data or the criteria for determining this period (when it is not possible to determine the intended period of data processing), the rights to which the Client is entitled under the RODO and the right to lodge a complaint to the supervisory authority, the source of such data, automated decision-making, including profiling, and the safeguards applied in connection with the transfer of such data outside the European Union;
c. obtain a copy of your personal data.
6) The right to rectification of data - legal basis: article 16 RODO.
7) Right to data portability - legal basis: Article 20 of the RODO.
a) The Client has the right to receive his/her personal data that he/she has provided to the Administrator and then send it to another personal data controller of his/her choice. The Client also has the right to request that the personal data be sent by the Administrator directly to such controller, insofar as this is technically possible. In this case, the Administrator will send the Client's personal data in the form of a file in csv format, which is a commonly used, machine-readable format, and which makes it possible to send the received data to another personal data controller.
8) In the event that the Client has the right resulting from the above rights, Adrián Molina meets the request or refuses to meet it immediately, but no later than within one month after receiving it. However, if - due to the complexity of the request or the number of requests - Adrián Molina can not meet the request within one month, it will meet it within the next two months, informing the Client beforehand within one month of receipt of the request - of the intended extension of the deadline and the reasons for it.
9) The Client may lodge complaints, enquiries and requests to the Administrator regarding the processing of his/her personal data and the exercise of his/her rights.
11) The Client shall have the right to lodge a complaint with the President of the Office for Personal Data Protection regarding violation of his rights to personal data protection or other rights granted under the RODO.
§ 5 SECURITY MANAGEMENT - PASSWORD
1) Adrián Molina provides Clients with a secure and encrypted connection when transferring personal data and when logging into the Client's Account on the Website. Adrián Molina uses SSL certificate issued by one of the world's leading companies in the field of security and encryption of data transmitted over the Internet.
2) In the event that the Client who has an account at the Online Store has lost the access password in any way, the Online Store allows you to generate a new password. Adrián Molina does not send password reminders. The password is stored in an encrypted form, in a way that makes it impossible to read. In order to generate a new password you need to provide your e-mail address in the form available under the link "You forgot your password", given when logging in to your account in the Online Shop. The Client will receive an e-mail message to the e-mail address provided during registration or saved in the last change of the account profile, containing a redirection to a dedicated form available at the Shop's Website, where the Client will have the opportunity to set a new password.
3) Adrián Molina never sends any correspondence, including electronic correspondence, asking for login data, in particular the password to access the Client's account.
3) Date of last modification: 07.10.2022.