Privacy policy

The protection of private information regarding the Customers of the Online Warehouse Store at https://tmc-moda.pl/ is extremely important to us, therefore we make every effort to ensure that you are safe while visiting our Online Warehouse Store.

Please read the content of this document (hereinafter referred to as the "Privacy Policy") which explains the processing of personal data by the Online Wholesale Store. Every time you use the Online Warehouse Store you are subject to this Privacy Policy hence you are kindly requested to read its content every time you visit the website.

This privacy policy describes, among others: the rules of contacting with TMC-GROUP  Sp. z o.o., with the registered office in Tomaszów Mazowiecki (hereinafter referred to as the "Seller"), the rules for collecting, storing and processing of the personal data by the Seller, the rules of the users' rights regarding the protection of their personal data, the cookies policy we use on our Website.

 

§ 1. Glossary

  1. The following terms have the meaning as below:
  2. “Privacy Policy” – means this document that is entitled “Privacy Policy”;
  3. “Seller” - it should be understood as Naomimi Sp. z o.o., with registered office in Tomaszów Mazowiecki, incorporated in the Register of Entrepreneurs of the National Court Register, maintained by the District Court for Łódź - Śródmieście in Łódź, 20th Commercial Division of the National Court Register under the KRS number: 0000548775, NIP [VAT No.]: 7732475953, REGON [Statistic No.]: 361034781.
  4. “Online Warehouse” – run by the Seller as part of the website available at https://tmc-moda.pl/;
  5. “Customer” - means a natural person acting on their own account or on account of a legal person or an organizational unit not being a legal person, but having legal capacity under the law, and who used the Online Warehouse Store by browsing the website, available at https: //tmc-moda.pl/, or by sending their personal data for the purpose of registering an Individual Account with the Online Wholesale Store, or for concluding a sales contract or subscribing to the Newsletter;
  6. “Individual Account” - a panel assigned individually to the Customer after registration of personal data in the Online Warehouse Store system, identified with an email address and password provided by the Customer in the Seller's information system, allowing the Customer to use additional functionalities of the Online Wholesale Store;
  7. “Order Form” - a form by which the Customer who is logged into an Individual Account orders the Goods offered by the Seller in the Online Wholesale Store and specifies the method of delivery in which the Customer provides the following personal data: name, surname, address, or name and registered office address, NIP [VAT No.], e-mail address, telephone number;
  8. “Newsletter” – shall mean an information bulletin regarding new products and promotions in the Online Wholesale Store, for subscribing to which the Customer gave his or her consent by entering his or her e-mail address in the “Newsletter” box;
  9. “Contact form” - it should be understood as a form for contacting the Seller in order to obtain detailed information about the Online Wholesale Store, placed in the "Contact" tab of the website, through which the Customer provides the following personal data: name, surname, e-mail address and (optionally) telephone number;
  10. “Services” – shall mean the following activities of the Seller, taken in result of being provided with the personal data by the Customer: sending the Newsletter via e-mail address if the Customer has agreed to subscribe to the Newsletter or has concluded a sales contract between the Seller and the Customer, or maintaining an Individual Account, as well as receiving an e-mail or telephone return message which shall contain detailed information regarding the Online Wholesale Store offer, to which the Customer has consented by completing the Contact Form;
  11. “Goods” - means a product presented each time by the Seller as part of the Online Wholesale Store for the purpose of its sale;
  12. “Customer's equipment” – shall mean the telecommunications equipment belonging to the Customer, such as, inter alia, a mobile phone, smartphone, computer, tablet or other mobile devices with access to the Internet (telecommunications device intended for connection directly or indirectly to network termination points).

 

§ 2. Preliminary provisions

  1. This Online Wholesale Store is run by the Seller.
  2. This Privacy Policy shall become effective on 29 May 2018 and define, inter alia, the rules for collection, storage and processing of personal data by the Seller, the rules for the users' rights regarding the protection of their personal data, the cookies policy we use on our Website.
  3. Acceptance of this Privacy Policy is voluntary for the Customer, but it is necessary for the Services provision.
  4. By accepting this Privacy Policy, the Customer declares that he has read its content, accepts its terms and agrees to comply with them.
  5. The Online Wholesale Store may contain external links (hyperlinks) to websites, plug-ins or applications belonging to other entities. Clicking on such links or giving consent to be connected may result in the collection or sharing of your data. We have no control over such websites and we are not responsible for their privacy policies. After leaving the website of our online store, we encourage you to read the privacy policy of each website you have visited.

 

§ 3. Cookies policy

  1. The Online Wholesale Store uses “cookies” (hereinafter referred to as “Cookies”). Once the Customer enters the website of the Online Wholesale Store, a message informing about the use of Cookies by the Online Wholesale Store appears. The message is visible to the Customer until he / she accepts the use of Cookies by the Online Wholesale Store. The Customer accepts it by clicking the box with the inscription: “I accept”.
  2. Cookies are small text files sent and saved by the Online Wholesale Store website on the Customer's terminal device, containing data on the Customer's use of the Online Wholesale Store website. Cookies are safe for the Customer's Equipment, they are used to facilitate the use of the website.
  3. The information collected by Cookies makes it easier for the Customer to use the website of the Online Wholesale Store, allows us to remember the Customer's preferences, as well as to improve the quality of the website by making statistics on visits to the Online Wholesale Store site, and to allow customizing the website.
  4. If the Customer does not wish to have Cookies on the Terminal Device, these files may be disabled. It is possible that after disabling the Cookies, the Customer will not have access to some of the contents of the Online Wholesale Store site, the use of the website may be less effective for the Customer and the use the Services may also be affected.
  5. The Customer may limit or opt out of the use of Cookies by making appropriate changes in the settings of the web browser. Detailed information on the methods of handling Cookies are available in the settings of particular web browsers.

 

§ 4. Personal data

  1. The Data Controller of personal data received from Customers is Naomimi Sp. z o.o., with the registered office in Tomaszów Mazowiecki, incorporated in the Register of Entrepreneurs of the National Court Register, maintained by the District Court for Łódź - Śródmieście in Łódź, 20th Commercial Division of the National Court Register under KRS number: 0000639077, NIP [VAT No.]: 7732479827, REGON [Statistic No.]: 365484080
  2. The personal data are processed in accordance with the law and taking into account the principles of fairness, transparency and adequacy.
  3. The Customer may use the Services after accepting the Privacy Policy and after providing the following personal data:
    - in the case of Newsletter subscription: e-mail address,
    - in the case of registration of an Individual Account: name, surname and e-mail address,
    - in the case of placing an order by the Order Form: name, surname, address, or name and registered office address, NIP [VAT No.], e-mail address, telephone number,
    - in the case of completing the Contact Form: name, surname, e-mail address and (optionally) telephone number.
  4. Providing personal data referred to in the preceding section of this Article is voluntary for the Customer, but necessary for the provision of the Services.
  5. Processing of the Customers' personal data by the Seller is carried out in compliance with all rules regarding the security of personal data processing, in accordance with the requirements set by law.
  6. The time of processing of personal data by the Seller is the same as the time necessary to use the Online Wholesale Store and the provision of the Services. 

 

§5. Purpose and legal basis for the processing of personal data

  1. Personal data are collected in order to enable the Customer to use the Online Wholesale Store. The information contained in the system logs (e.g. IP address) resulting from the general rules of connections made on the Internet are used for technical purposes related to the administration of the server hosting the Online Wholesale Store. The legal basis for the processing of your personal data is Article 6 Section 1 letter f of the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016. The Seller's justified interest in this case is the management of IT processes, ensuring the security of the network and the prevention of fraud.
  2. In the case of subscribing to the Newsletter, the Customer's data are used to send the Customer information about the news and promotions in the Online Wholesale Store. The legal basis for the processing of your personal data is Article 6 Section 1 Letter b of the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 and your consent to receive commercial information electronically.
  3. In the case of registration of the Customer Account in the Online Wholesale Store, the Customer's data are used to create an Individual Account and maintaining this account. The legal basis for the processing of your personal data is Article 6 Section 1 Letter b of the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016.
  4. In the case of placing an order with the Online Wholesale Store by completing the Order Form, the Customer's data are used to process the order. The legal basis for the processing of your personal data is Article 6 Section 1 Letter b of the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016.
  5. In the case of completing the Contact Form, the Customer's data are used to provide him or her with an e-mail or telephone return message containing detailed information about the Online Wholesale Store offer, to which the Customer agreed by completing the Contact Form. The legal basis for the processing of your personal data is Article 6 Section 1 Letter b of the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016.
  6. Personal data may be used to provide Customers with better service, statistical data analysis and customizing the Online Wholesale Store to the Customer’s needs, as well as for the administration of the Online Wholesale Store. The legal basis for the processing of your personal data is Article 6 Section 1 Letter f of the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016. The justified interest of the Seller in this case is verification of how the Customers use our services, to develop and improve the quality of services and to create marketing strategies.
  7. The Online Wholesale Store does not collect or process personal data for the purpose of their transfer or sale to third parties for marketing purposes. The Seller does not send messages on behalf of third parties.

 

§ 6. Sharing of personal data and international transfers

  1. For the purposes indicated in the preceding section, we may share your personal data with external third parties, such as courier, marketing, accounting and IT companies, providing services such as hosting, cloud computing, as well as the Tax Office and other public authorities in the Republic of Poland.
  2. If the Customer chooses to pay via PayPal, their personal data are provided to the extent necessary to make payments to PayPal (Europe) S.à.r.l.et Cie, S.C.A. (R.C.S. Luxembourg B 118 349), which entails the transfer of data outside the European Economic Area, to the United States of America (USA), in accordance with Section 4 below.
  3. We require all third parties to take security measures in relation to your personal data and their processing in accordance with the law. We do not allow our suppliers to use the Users’ personal data for their own purposes but we allow their processing for specific purposes and in accordance with our instructions.
  4. Due to the fact that we use the services of other providers, e.g. in respect of ICT support, your personal data may be transferred outside the EEA. In such cases, we provide a similar level of protection for these data by providing at least one of the following protection measures:
    - transfer of personal data to States recognized by the European Commission as providing adequate protection of personal data,
    - the use of data protection clauses adopted by the European Commission, guaranteeing the same protection level as in the European Union, or
    - on using service providers based in the United States, we can provide them with personal data under Privacy Shield, which requires them to provide similar protection measures as are used in the European Union. 

 

§ 7. Data security

  1. Processing of the Customer's personal data by the Seller is carried out in compliance with all the rules regarding the security of personal data processing, meeting the requirements set by law. We have introduced the necessary security measures to protect your personal data against accidental loss, unauthorized access or use, alteration or disclosure. We limit access to your personal data to employees, agents, service providers and other third parties to which such disclosure is necessary from the point of view of our business operations. They will process your personal data only in accordance with the instructions of the Seller and they are bound to keep them confidential.
  2. The Seller has adopted appropriate procedures to deal with suspected violations. We will notify you and the appropriate supervisory authority about the infringement when we are legally obliged to do so.

 

§ 8. Time of data processing

  1. Your personal data will be kept for a period not longer than the time necessary to fulfill the purpose for which they were collected (i.e. the time necessary to process the order, maintaining the Customer's account), unless a longer period of time results from the obligation to fulfill our legal, accounting or reporting obligations as well as for the period necessary to consider claims resulting from the provisions of the Civil Code.
  2. Personal data are processed for accounting purposes and for tax purposes for 5 years counted from the end of the calendar year in which the tax obligation arose.
  3. Under certain circumstances, you may request to have your personal data erased in accordance with § 9.
  4. Under certain circumstances, we can anonymize your personal data (ensuring irreversible disablement of identification of a person) for research and statistical purposes, in which case we may store such data for an indefinite period of time without further obligation to notify you.

 

§ 9. Rights related to the protection of personal data. Complaint to the supervisory authority.

  1. The Customer has the right to request the Seller to review, correct, change, limit, rectify or erase his or her personal data, which the Seller controls and the right to object to the processing of his or her personal data by the Seller. To do this, send a message to the following e-mail address: biuro@tmc-moda.pl.
  2. Please note that we will not always be able to fulfill your request to erase your personal data, due to individual legal obligations or considerations of claims. In such cases, it will be communicated to you upon making such a request. If you need more information about individual rights presented in this section, please contact us in accordance with the contact details included in the “Contact” tab.
  3. The Customer has the right, at any time, to withdraw the consent for the processing of personal data by sending a message to the following email address: biuro@tmc-moda.pl. Withdrawal of consent does not affect the lawfulness of the processing which was carried out on the basis of consent granted before its withdrawal. This means that the withdrawal of the consent refers to the future, not the processing of personal data that took place in the past, between granting the consent and withdrawing whereof.
  4. The Customer, whose personal data are controlled by the Seller, has the right to lodge a complaint with the supervisory body. The complaint should be sent by post to the address of the Office of the Inspector General for Personal Data Protection, ul. Stawki 2, 00-193 Warsaw or via the Electronic Inbox of the Office of the Inspector General for Personal Data Protection.
  5. The Customer has the right to request the Seller to send his or her personal data, which the Seller controls, to another personal data controller if the technical and organizational requirements allow sending such personal data.
  6. Without undue delay, the controller - and in any case within one month of receipt of the request - shall provide the Customer who has submitted one of the requests mentioned in this section, with information about actions taken in connection with the request, or a possible extension due to the nature of the request or the number of requests, or the reasons for failing to take action, and the possibility of lodging a complaint to the supervisory authority and taking advantage of legal protection measures before a court.

 

§ 10. Final provisions, change of Privacy Policy, notification of changes

  1. The Seller reserves the right to change this Privacy Policy, which shall become effective from the day of posting the new Privacy Policy on the Online Wholesale Store website. All significant modifications to this Policy will be communicated through by an appropriate message appearing on the Online Wholesale Store website.
  2. The Seller's contact details are indicated in the "Contact" tab.
  3. In all matters related to the processing of your personal data by the Seller, please feel free to contact us at the following e-mail address: biuro@tmc-moda.pl or at the telephone number indicated in the "Contact" tab.