§ 1. GENERAL PROVISIONS
- This Privacy Policy outlines how users’ personal data is collected, processed, and stored in order to provide electronic services through the website www.fragmentedstudios.com (hereinafter: the Website).
- The Website collects only the personal data necessary for the provision and development of the services offered.
- Personal data collected via the Website is processed in accordance with 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 (General Data Protection Regulation – GDPR), and the Polish Personal Data Protection Act of 10 May 2018.
- The Controller operates in accordance with the laws of the Republic of Poland and ensures that the processing of personal data is lawful, fair, and transparent, respecting Users’ privacy rights throughout the European Union.
§ 2. DATA CONTROLLER
The controller of personal data collected through the Website is Paulina Panas, conducting business activity under the name FRAGMENTED Paulina Panas, TAX ID 7262500960 (hereinafter: the Controller).
§ 3. TYPES OF PERSONAL DATA PROCESSED
The Controller may process the following personal data of the User: full name, date of birth, home address, email address, phone number, and tax identification number.
§ 4. PURPOSES OF DATA COLLECTION
- Personal data is used for the following purposes:
- To conclude and perform orders and sales agreements between the Controller and the User, under the terms described in these Terms and Conditions.
- For marketing of the Controller’s own products and services, including sending commercial information – particularly newsletters or back-in-stock notifications – based on the Controller’s legitimate interest or the User’s separately granted consent.
- To send commercial communications by electronic means, based on the User’s separately granted consent and in accordance with applicable legal provisions.
- For other purposes resulting from the Controller’s legitimate interests (including, but not limited to: account registration and identity verification; enabling logins to the Website; performance of service and e-service agreements; communication with the User via live chat or contact forms; running a comment system; providing community-based services; promoting the Controller’s offer; marketing, remarketing, affiliation; personalizing the Website for Users; conducting analytics and statistics; debt collection; establishing, exercising or defending against legal claims).
- The Website may also collect navigation data from Users, including information about clicked links and other interactions within the Website. In the event of a legitimate request, the Controller may disclose personal data to authorized public authorities.
- The Controller protects Users’ personal data against unauthorized access, alteration, or destruction by applying appropriate technical and organizational safeguards.
- The Controller also collects so-called operational data (non-personal data) from Users visiting the Website. This data is used for statistics and advertising services. Collected information may include visit history, navigation paths, usage of specific store features, time spent on the Website, as well as device/browser data, geolocation, and interest categories.
- Operational data of Users visiting the Website may be used to conduct online advertising campaigns tailored to their interests. The Controller uses personalized retargeting to present Users with relevant promotional content. These advertisements are displayed based on User activity within the Website. For this purpose, the Controller uses external advertising platforms such as Facebook, Google, Instagram, etc., which match the User’s profile in their databases to determine the optimal time and place to display ads matching the User’s preferences.
- Providing personal data is voluntary, but necessary to conclude a contract or use selected features of the Website.
§ 5. DETAILED PURPOSES OF DATA COLLECTION
- The User’s personal data is processed in accordance with the provisions of the GDPR and stored for a period consistent with the requirements of this regulation:
- First and last name, email address, phone number, address, company name, and registered office are processed in order to complete purchases, including informing about order status and delivery (Art. 6(1)(b) GDPR).
- First and last name, phone number, address, and other data necessary for the selected service are processed in order to provide additional services offered by the Store (Art. 6(1)(b) GDPR in connection with consent to contact).
- First and last name, address, company name and registered office, Tax ID (formerly NIP), and bank account number are processed for the issuance of sales documents and the fulfillment of statutory tax obligations (Art. 6(1)(c) GDPR in connection with the Polish Accounting Act and Tax Ordinance).
- First and last name, email address, phone number, address, company name and registered office, Tax ID, and bank account number are processed to handle complaints, returns, and statutory warranty obligations, including providing updates on the claim status (Art. 6(1)(c) GDPR in connection with consumer protection laws and the Polish Civil Code).
- To fulfill orders, the Controller uses the WordPress platform (www.WordPress.org). Accordingly, the above-mentioned data may be shared with this platform for the purpose of order fulfillment, additional Store services, invoicing, fulfilling tax obligations, and managing complaints and returns. More information on how WordPress processes data is available at: https://wordpress.org/about/privacy/.
- These data, as well as other necessary information, may also be processed to pursue the legitimate interests of the Controller, such as debt collection or legal, mediation, or arbitration proceedings (Art. 6(1)(f) GDPR).
§ 6. OTHER FORMS OF CONTACT WITH THE CUSTOMER
- The User’s personal data is also processed when contacting the Store via email, chat/messaging platforms, phone, or social media.
- When a message is sent via email, the following data are processed:
- Email address;
- Details of the person signing the message;
- Information included in the email signature;
- Any other data voluntarily provided by the User.
- During phone contact, the User’s phone number and any other identifying information provided during the call are processed.
- When contacting the Store via chat, messaging platforms, or social media, the following data are processed:
- Name and surname (or the sender’s internet nickname);
- Details of the person signing the message;
- Any other identifying data provided by the User.
- All of the above data are processed for the purpose of communicating with the User regarding the execution of a contract or the provision of additional services, until the User withdraws from further contact (Art. 6(1)(b) GDPR), and to pursue the legitimate interests of the Controller, which include responding to inquiries not directly related to a contract, until the matter is resolved or an effective objection is raised (Art. 6(1)(f) GDPR).
§ 7. DATA RETENTION PERIOD
- The duration of data processing by the Controller depends on the type of service and the purpose of processing. As a general rule, personal data are processed for the duration of the service, until consent is withdrawn, or until an effective objection is raised – if the legal basis for processing is the Controller’s legitimate interest.
- This period may be extended if the processing is necessary for the establishment, exercise, or defense of legal claims. After this period, data will be retained only if required by applicable law. Once the retention period has expired, the data are irreversibly deleted or anonymised.
§ 8. DISCLOSURE OF PERSONAL DATA
- Users’ personal data may be shared with: entities affiliated with the Controller, subcontractors, and partners cooperating with the Controller, such as online payment processors, courier/postal service providers, and law firms.
- The Controller’s servers are located within the European Union. However, personal data may be transferred to countries outside the European Economic Area (EEA), provided that such countries ensure an adequate level of protection for the personal data of EU citizens, in compliance with applicable data protection laws.
§ 9. USERS’ RIGHTS
- Users of the Website have the right to: access their personal data, request rectification or erasure, restrict processing, request data portability, object to processing, and withdraw their consent at any time (withdrawal does not affect the lawfulness of processing carried out based on consent before its withdrawal).
- To exercise any of the above rights, the User should send a request to: contact@fragmentedstudios.com.
- The Controller shall comply with or refuse the request without undue delay—no later than within one month of receiving it.
- Users also have the right to lodge a complaint with their national data protection authority, in particular in the Member State of their habitual residence, place of work, or place of the alleged infringement, if they believe that the processing of their personal data infringes the GDPR.
§ 10. COOKIES
- The Website collects information through the use of cookies – including session cookies, persistent cookies, and third-party cookies.
- The use of cookies:
- supports the proper delivery of services on the Website and serves statistical purposes,
- helps maintain data security and confidentiality,
- allows the Website to remember User preferences related to Shop features,
- enables the delivery of advertisements tailored to the User’s interests.
- The User can define the scope of cookie access to their device via browser settings.
- Cookies are used for the following purposes:
- Creating statistics that help better understand how Users interact with the Website, enabling optimization and improvements to its structure and content.
- Adapting content of the Shop to the User’s preferences and improving their browsing experience; cookies allow recognition of the User’s device (e.g. laptop, smartphone, tablet) to display the Website in the most suitable format.
- Profiling Users in order to display personalized product recommendations and promotional content, including through services provided by companies such as Google LLC, Google Ireland Limited, and Facebook Ireland Ltd. Cookies allow the display of advertisements, offers, and promotions based on the User’s previous activity on the Website. This ensures that content and ads are more relevant to the User’s interests and preferences, and may also limit the frequency of displaying the same ads. Marketing cookies also help track the effectiveness of advertising campaigns on external websites.
- Ensuring Users are informed about the Website’s use of cookies.
- Users can manage cookie settings themselves, defining the rules for storing and accessing cookies on their devices. Limiting the use of cookies may affect the availability or functionality of some features of the Shop.
- The User can delete cookies at any time, withdraw consents, or modify preferences in accordance with the instructions provided by their web browser provider.
§ 11. THIRD-PARTY COOKIES
- The Administrator cooperates with external entities, such as social media platforms, which engage in advertising activities. As part of this cooperation, the browser or other software installed on the User’s device may store cookies from these third parties. The purpose of this is to display advertisements tailored to the User’s interests within those third-party services. A third party may directly associate the User’s visit to the Shop with their profile on that platform.
- The Administrator uses the services of the following entities, which utilize cookies on the Website:
- Meta Platforms, Inc.
- Google LLC / Google Ireland Limited
- TikTok Technology Limited
- Detailed information about the cookies used by these entities can be found in their respective privacy policies. The User can block third-party cookies and plugin loading by adjusting the relevant settings in their web browser.
§ 12. DISCLOSURE OF PERSONAL DATA TO OTHER ENTITIES
- The User’s personal data may be shared with service providers used by the Administrator to operate the Shop. In particular, such data may be transferred to payment processors in order to complete transactions, and to courier services for the delivery of Products to the address provided by the User. If the User subscribes to the Newsletter or back-in-stock notifications, their email address and language preferences may be transferred to MailChimp.
- The Administrator does not share personal data with any third parties unless such entities have a valid legal basis—e.g., when the data is necessary for the performance of a contract to which the User is a party.
§ 13. STORAGE AND DELETION OF PERSONAL DATA AND OTHER USER RIGHTS UNDER THE GDPR
- The User’s personal data will be stored by the Administrator for the period necessary to perform the contract, and thereafter for the time corresponding to the statute of limitations for claims (this applies to contact details, correspondence records, and transaction history). Data will also be retained until the User withdraws consent or successfully objects to processing.
- The User may withdraw their consent for the processing of data for marketing purposes or for receiving commercial information at any time by sending an email to: contact@fragmentedstudios.com. Once consent is withdrawn, the User will no longer receive marketing communications or commercial offers from the Administrator. However, the withdrawal of consent does not affect the legality of processing carried out prior to withdrawal (Article 21 GDPR).
- The User may object to the processing of their personal data by sending a relevant message to: contact@fragmentedstudios.com. Upon receiving the objection, the Administrator will cease to send marketing materials to the User.
- The User has the right to access their personal data, correct or delete it, restrict its processing, and object to its processing. To exercise these rights, the User should contact the Administrator at: contact@fragmentedstudios.com.
- In addition, the User has the right to obtain information about the scope of data being processed, the purpose and legal basis of the processing, the recipients of the data, and the storage period. The Administrator will provide this information upon receipt of a relevant request (Article 15 GDPR). If the data is processed based on consent or a contract and by automated means, the User also has the right to data portability, which allows them to receive a copy of their data in a commonly used, structured, and machine-readable format (Article 20 GDPR).
- The User also has the right to rectify their data if it is incomplete or incorrect (Article 16 GDPR), and to request erasure of their data unless its retention is required for accounting purposes, law enforcement investigations, or the establishment, exercise, or defense of legal claims (Article 17 GDPR).
- If the processing is based on the legitimate interests of the Administrator, the User may request restriction of processing, e.g., when the data is inaccurate or the processing is unlawful (Article 18 GDPR). Upon request, the Administrator will inform the User about any changes made to their data (Article 19 GDPR).
§ 14. AUTOMATED DECISION-MAKING AND PROFILING
- Users’ data shall not be subject to automated decision-making processes that could result in decisions affecting them.
- Users’ data may be subject to profiling for the purpose of content customization and offer personalization, provided that the User has given their explicit consent.
§ 15. FINAL PROVISIONS
The Controller reserves the right to amend this Privacy Policy, provided that Users’ rights are not limited as a result.
- Information about any changes will be made available in the form of a notice published on the Website.
- In matters not regulated by this Privacy Policy, the provisions of the GDPR and Polish law shall apply.
- The Controller reserves the right to update this Privacy Policy, which will be published on the website www.fragmentedstudios.com with a date indicating the time of its update.
