Terms & Conditions of the Website - Barbara Luijckx - Chocolate decoration manufacturer

General provisions

§ 1

Whenever the following defined terms appear in these Terms & Conditions of the Website, they shall be understood as follows:

T&C of the Website – this document,
Company, Personal Data Controller – BARBARA LUIJCKX Sp. z o.o., based in Latkowo 40, 88-100 Inowrocław (Kujawsko-Pomorskie province, Poland), entered in the register of entrepreneurs kept by the District Court in Bydgoszcz, XIII Economic Department of the National Court Register under KRS number 0000093864, NIP 5562253772, REGON 09236998900000, with a share capital of PLN 1,740,000.00,
Website – the website located on the public Internet network at http://www.barbara-luijckx.pl or http://www.barbara-luijckx.com,
User – any natural person using the Website,
Act – the act of July 18, 2002 on the provision of services by electronic means (Polish Journal of Laws of 2020, item 344, consolidated text),
GDPR – 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 (General Data Protection Regulation) of April 27, 2016. (UE Journal of Laws No. 119, p. 1),
Telecommunications Law – the act of July 16, 2004. – Telecommunications Law (Polish Journal of Laws of 2022, item 1648, consolidated text),
Newsletter, Commercial Information – commercial information referred to in Art. 2 para. 2 of the Act that is, any information intended directly or indirectly to promote the goods, services or image of an entrepreneur or practitioner whose right to practice a profession is conditional on meeting the requirements set forth in separate laws, excluding information that enables communication by means of electronic communication with a specific person and information about goods and services that does not serve to achieve the commercial effect desired by the entity that orders its dissemination, in particular without compensation or other benefits from producers, sellers and service providers,
End Device – any telecommunications end device referred to in Art. 2 para. 43 of the Telecommunications Law that is, a telecommunications device designed to connect directly or indirectly to network terminations,
Cookies – IT data, in particular text files, stored in Users’ End Devices and intended for facilitating use of the Website.

§ 2

T&C of the Website lay down general rules and conditions of:

use of the Website,
provision of services electronically through the Website,
collection, processing and protection of Users’ personal data,
use of the Cookies by the Website,
regarding of the server logs.

§ 3

This Website shall be governed by the applicable laws on the territory of the Republic of Poland.

Terms of Website use and the rules of providing services electronically through the Website

§ 4

The Website aims to promote the Company and advertise products offered by the Company, as well as provide basic information about the Company.
Any catalogues, news, advertisements, price lists and other information and marketing materials contained on the Website do not constitute an offer within the meaning of Art. 66 et seq of the Civil Code.
Any contact forms contained on the Website are only intended to make contact with the Company, and their filling and sending do not constitute an offer within the meaning of Art. 66 et seq of the Civil Code.
Company’s reply to inquiry sent through the forms referred to in the paragraph above is for informational purposes only and shall not be construed as a reply to an offer, nor expresses a will to be bound by any offer, unless explicitly stated otherwise in the reply.
In addition to the free services provided electronically , the Company does not provide any services directly through the Website. In order to place an offer or conclude a contract, it is necessary to contact the Company directly.
The following electronic services are available through the Website:
1. Newsletter – as a service that allows receiving Commercial Information from the Company in the form of messages sent to the e-mail address provided by the User. Use of the Website requires a valid e-mail address and consent to such actions. The User agrees to receive Commercial Information by entering his/her e-mail address and clicking on the appropriate button in the form located on the Website, at the following Internet addresses: https://www.barbara-luijckx.pl/ and http://blog.barbara-luijckx.com/, and then confirming the subscription by clicking on the appropriate activation link in the e-mail message received at the provided e-mail address (double opt-in model). The consent referred to in the preceding sentence is tantamount to ordering Commercial Information in accordance with Article 10 Section 2 of the Act, and once given, the User is added to the subscriber database. The User may withdraw consent to sending Commercial Information at any time. The Newsletter service agreement is concluded for an indefinite period of time and is terminated when the User sends a request to remove his/her e-mail address from the Newsletter subscription. The User may request removal from the subscriber base by clicking on the appropriate link in the message containing the Newsletter or by sending the relevant request to the following address: sekretariat@barbara-luijckx.pl
2. Contact Form – as a service that allows the User to send messages to the Company. The contract for the provision of the service of providing an interactive form is concluded for a definite period of time until the User uses the Contact Form until the message reaches the Company.
The services described in Section 6 enable Users to use the resources of the Internet, including, in particular, to get acquainted with the materials presented on the Website and to use the various IT mechanisms operating within its framework.
The Company reserves the right to choose and change the type, forms, time and manner of granting access to the selected listed services, of which it will inform the Users in a manner appropriate for changing the T&C of the Website.
In order to make an offer to the Company or conclude a contract with the Company, it is necessary to contact the Company directly.
Terms and conditions of the sales of products and provision of services by the Company other than those described in the T&C of the Website shall be determined by separate regulations or agreements concluded with customers or contractors, in particular the General Terms and Conditions of Sales in force at the Company.

Collection, processing and protection of Users’ personal data through the Website

§ 5

Users’ personal data shall be processed in accordance with the GDPR and national data protection regulations, as well as the Act and the Telecommunications Law.
The Personal Data Controller shall exercise special care to protect the interests of data subjects, and in particular shall ensure that the data it collects are processed in accordance with the law; collected for specified, legitimate purposes and not subjected to further processing incompatible with those purposes; substantively correct and adequate in relation to the purposes for which they are processed; and stored in a form that allows the identification of data subjects for no longer than is necessary to achieve the purpose of processing.
The Personal Data Controller has not appointed a Data Protection Officer.
It is possible to visit the Website without providing personal data. Provision of personal data is voluntary, but it may be necessary for the purpose of entering into a contract or any other purpose to which the person providing the data agrees, e.g. for the purpose of using the contact form or subscribing to the Newsletter, therefore, if the Personal Data Controller would lose the basis for processing the User’s personal data, it could be difficult to fulfill obligations to the User.
Before each time a User gives his/her consent to the processing of personal data through the Website, he/she will be informed that he/she can read the T&C of the Website.

§ 6

The Personal Data Controller of the Users’ personal data collected through the Website is the Company.
The purpose of the collection of personal data by the Personal Data Controller is:
1. the establishment, shaping of the content, change, execution or termination of the contractual relationship between the Personal Data Controller and the User involving the provision of electronic services,
2. direct marketing of the Personal Data Controller’s own products or services,
3. improving the quality of electronic service provision,
4. enabling contact with an interested User or the Company, in particular through a contact form,
5. sending commercial information requested by the User electronically.
For the purposes of the activity of the Website, the Personal Data Controller processes the following personal data of Users: IP, first and last name, e-mail address, contact telephone number. The Personal Data Controller may process other categories of data if they are entered independently and voluntarily by the User in the contact forms available on the Website.
The provision of personal data referred to in paragraph 3 of this section is voluntary, but may be necessary for the Company to provide electronic services on the Website. Failure to provide the required data before the provision of a particular service electronically will result in a refusal to provide the service due to the impossibility of its performance. The User shall be informed of the extent of the required data each time before the provision of a particular service electronically.
The basis for the processing of the User’s personal data may be, respectively: the User’s consent, e.g. for the subscription to receive commercial information or the use of cookies (art. 6 sec. 1 lit. a GDPR); the performance of a contract to which the User is a party or taking action at the User’s request prior to its conclusion, e.g. the performance of services provided electronically e.g. newsletter, contact form (art. 6 sec. 1 lit. b GDPR); fulfillment of a legal obligation incumbent on the Personal Data Controller, e.g. management of the Website or collection of archives and evidence, for the purpose of securing information that can be used to prove facts in proceedings (art. 6 sec. 1 lit. c GDPR), realization of purposes stemming from legitimate interests pursued by the Personal Data Controller, e.g. direct marketing of the Personal Data Controller’s own products or services (art. 6 sec. 1 lit. f GDPR).
Personal data provided by Users will not be made available to other entities, except those who have an appropriate legal basis for their processing, including on the basis of contracts for entrustment of personal data processing or provision of personal data or by entities whose services are used by the Company in connection with the operation of the Website and who protect personal data in a manner no less stringent than that of the Personal Data Controller.
When consenting to the processing of personal data, the User declares that he/she is of legal age or that his/her legal representative has consented to the processing of personal data.
The Company shall not be liable for the submission of a statement inconsistent with the facts referred to in paragraph 7 above.

§ 7

The Personal Data Controller may process the following data characterizing the User’s use of the Website (exploitation data) by means of appropriate software:
1. Designations identifying the telecommunications network termination or data communications system used by the User;
2. Information about the beginning, end and scope of each time the User used the service provided electronically;
3. Information about the use of electronically provided services by the User.
Exploitation data are aggregate and anonymous, i.e. they do not contain identifying characteristics of visitors to the Website and are not disclosed to third parties.

§ 8

The User has the right of access to the content of his/her data and the right to rectify, erase, limit processing, the right to data portability, the right to object to processing, the right to withdraw consent at any time without affecting the legality of processing performed on the basis of consent before its withdrawal. The User has the right to lodge a complaint to the supervisory authority, i.e. the President of the Personal Data Protection Office when he/she considers that the processing of his/her personal data violates the law.
In order to exercise the rights referred to above, you can send a relevant request by e-mail to: sekretariat@barbara-luijckx.pl or in writing to the Personal Data Controller’s registered address.
Personal data will not be transferred to a third country/international organization as part of the services that make the Website possible. At the same time, the Company, while maintaining business profiles on social networks, may transfer the User’s personal data to the USA or other countries, in accordance with the rules set forth in the rules of these portals. However, these portals declare that they use the typical contractual clauses approved by the European Commission and rely on the decisions of the European Commission stating an adequate level of data protection with respect to certain countries, where applicable, for the transfer of data to these countries resulting in adequate protection.
User’s personal data will be processed until there is a basis for processing. In situations where the processing of personal data will be carried out on the basis of consent – for the duration of the consent until it is withdrawn, if for the purpose of performing a contract it will be the period necessary for the performance of the contract for the provision of electronic services and the realization of the purpose for which it was concluded, as well as the time needed to secure possible claims arising therefrom, if in the performance of a legally prescribed obligation, the data storage period will be determined based on the relevant legislation. If the basis for data processing is the legitimate interest of the Personal Data Controller, the Personal Data Controller will store the User’s personal data until the existence of this legitimate interest, periodically reviewing their continued suitability.
Your personal data will not be processed by the Personal Data Controller in an automated manner, including profiling.

Use of Cookies by the Website

§ 9

The Website stores and accesses information (cookies) already stored on the User’s End Device to improve the quality of the Website. Cookies allow the Website to recognize the User’s End Device. In most cases, these cookies do not identify the identity of the User. Cookies do not cause any damage to the User’s End Device and do not contain viruses. Cookies may be necessary for the proper functioning of the Website, and if the User does not agree to them, the Website may not function properly.
Two types of cookies are commonly used – session cookies and permanent cookies. Session cookies, are temporary files that remain on the User’s device until the User logs out of the Website or shuts down the browser. Permanent cookies remain in the memory of the User’s device for the time specified in their parameters or until they are manually deleted.
The Personal Data Controller may use its own cookies, in particular: for the proper configuration of the Website, to carry out the processes necessary for its full functionality, to authenticate the User on the Website and ensure the continuity of the User’s session on the Website, to remember the User’s location, for analysis and research and audience auditing.
The Personal Data Controller may use external cookies, in particular: for the use of analytical tools, to provide advertising services, including for the identification of users who share certain interests, which enables the presentation of better-tailored advertising to them, to enable sharing the content of the Website on other websites and to enable the User to go directly to other sites, including social networking sites where the Personal Data Controller has its profiles. As part of the Personal Data Controller’s activities, social networking plug-ins have been placed on the Website. The purpose and scope of the collection of personal data and their further processing and use by these portals are described in the relevant documents published by these portals and indicated by the Personal Data Controller below.
The Personal Data Controller uses the following external cookies:
1. Using Google technologies, including Google Analytics in order to analyze the traffic on the Personal Data Controller ‘s website (including the use of statistics, which then allows to improve the Personal Data Controller’s services and optimize the Website) and to adapt it to the User’s needs (the personal data controller of external cookies: unless otherwise indicated in the privacy information of a specific service, the personal data controller responsible for data processing is, depending on the location:
  - Google Ireland Limited – in the case of users of Google services in the European Economic Area and Switzerland – with registered office at Gordon House, Barrow Street, Dublin 4, Ireland.
  - •Google LLC – in the case of users of Google services in the United Kingdom – with registered office at 1600 Amphitheatre Parkway, Mountain View, California 94043, USA. Google LLC is the personal data controller responsible for processing the information indexed and displayed on services such as Google Search and Google Maps regardless of the User’s location. For more information on Google’s data processing policies: https://policies.google.com/?hl=en. Data generated by Google Analytics may be linked by the Google Analytics client, using Google technology, to third-party cookies associated with visits to other sites.
2. Using Meta’s Pixel technology to conduct analysis of Users’ activities on the Website and use the data from this analysis to create ad audiences and target them with ads tailored to their needs and likes on Facebook or Instagram. The service provider is Meta Platforms Ireland Ltd, (4 Grand Canal Square, Grand Canal Harbour Dublin 2, Ireland For more information on Meta’s data processing policies: www.facebook.com/privacy/policy/, and for more information on Meta’s Pixel, click here: https://www.facebook.com/business/tools/meta-pixel.
3. In order to like the Personal Data Controller’s page or go directly to the Personal Data Controller’s profile on social networks (plug-ins leading to the Company’s profiles allow the User to connect directly to the Company’s profile after clicking on the social network icon):
  - Facebook – regardless of whether the User has a profile on Facebook and is logged into Facebook (the personal data controller: Meta Platforms Ireland Ltd., (4 Grand Canal Square, Grand Canal Harbour Dublin 2, Ireland),) more: https://www.facebook.com/privacy/policies/cookies/.
  - LinkedIn – regardless of whether the User has a profile on LinkedIn and is logged into LinkedIn (the personal data controller: for User from the European Economic Area and Switzerland: LinkedIn Ireland Unlimited Company, Wilton Place, Dublin 2, Ireland, and for Users from other countries: LinkedIn Corporation, 1000 W. Maude Avenue, Sunnyvale, CA 94085,USA), more: https://pl.linkedin.com/legal/cookie-policy.
  - Instagram – regardless of whether the User has a profile on Instagram and whether the User is logged in, (the personal data controller: Meta Platforms Ireland Ltd., (4 Grand Canal Square, Grand Canal Harbour Dublin 2, Ireland), more: https://privacycenter.instagram.com/policy.
  - YouTube – regardless of whether the User has a profile on YouTube and whether the User is logged in (the personal data controller: unless otherwise indicated in the privacy notices of a specific service, the controller responsible for data processing is, depending on location:
    - Google Ireland Limited – in the case of users of Google services in the European Economic Area and Switzerland – with registered office at Gordon House, Barrow Street, Dublin 4, Ireland.
    - Google LLC – in the case of users of Google services in the United Kingdom – headquartered at 1600 Amphitheatre Parkway, Mountain View, California 94043, USA.), more: https://support.google.com/youtube/answer/2801895?hl=en&sjid=344966041160316431-EU.
If the User do not consent to the use of cookies, the User may manage the use of cookies at any time, including opting out of this form of data collection as follows:
1. By selecting the appropriate consents on the Cookies banner that is displayed when the User first enter the Website.
2. By modifying the settings of the User’s Internet browser, where in the security settings the User can independently allow or block temporary and permanently stored cookies. Detailed information about the possibility and methods of handling cookies is available in the Help tab in the menu of each browser.
3. By visiting the sites indicated in paragraph 5 to opt-out of the use of external cookies, including cookies for interest-based advertising (if the provider or advertising network provides this option).
4. Through specially designed consumer choice tools for managing cookies used to display ads based on Users’ interests available, for example, here http://www.youronlinechoices.eu/ or here https://optout.aboutads.info/.
If the User does not consent to the use of the necessary Cookies, using the methods specified in this paragraph, there is a risk that some functionalities of the Website may not be available, or will be displayed incorrectly.
The User shall, before using the Website, familiarize himself with the provisions of the T&C of the Website regarding Cookies, of which he shall be informed upon entering the Website for the first time.

Server logs

§ 10

The use of the Website results in the sending of requests to the server on which the Website is located.
Each query directed to the server is recorded in the server logs, which include, among other things: the date and time of the server, the User’s IP address, information about the Internet browser and operating system used by the User while using the Website. The server logs are saved and stored on the server.
The use of the Website results in the sending of requests to the server on which the Website is located.
The contents of the server logs are made available by the Company only to persons or entities authorized to administer the Website.

Final Provisions

§ 11

The Website and the content and materials contained therein, including, in particular, software, graphic and functional layout, works, trademarks, databases, texts, photos, graphics, sounds, computer programs and multimedia materials are subject to legal protection provided for in the applicable laws in this regard, in particular the Act of February 4, 1994. on Copyright and Related Rights (the Polish Journal of Laws of 2022, item 2509, consolidated text), the Act of July 27, 2001 on Protection of Databases (the Polish Journal of Laws of 2021, item 386, consolidated text), the Act of June 30, 2000 Industrial Property Law (the Polish Journal of Laws of 2023, item 1170, consolidated text) and the Act of April 16, 1993 on Combating Unfair Competition (the Polish Journal of Laws of 2022, item 1233, consolidated text).
All rights to the Website and all its elements and content and materials referred to in paragraph 1 above belong to the Company or their authors and are subject to legal protection. Content, the copyright of which is vested in the creators, is made available by the Company on the Website on the basis of applicable laws or relevant agreements concluded with them. Use by the User of the content made available on the Website outside the permitted personal use may result in the risk of criminal and civil liability.
The Company shall not be liable for the use of the Website by the User for purposes that are inconsistent with the T&C of the Website or the provisions of generally applicable law.
The Company informs that for important reasons, in particular in the situation of legal changes or changes in the scope of functionality of the Website, it has the ability to make changes and modifications to the T&C of the Website. The T&C of the Website, as in effect at the time of conclusion of the agreement, shall apply to agreements concluded before the modification of the T&C of the Website. At the end of the T&C of the Website, the Company shall indicate the date of the last update of the T&C of the Website and the version currently in effect, as well as the contents of the previous versions of the T&C of the Website.
Any comments, inquiries, requests and complaints regarding the operation of the Website and the electronic services provided by the Company through it should be submitted to the Company’s email address sekretariat@barbara-luijckx.pl or in writing to the Company’s address indicated in § 1. 2 above.

Version 1.0

Date of last update: 31.09.2023r.