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Privacy & Cookies Policy

The privacy and cookie policy of the Online shop of www.atavismonline.com

General information

This document specifies the rules of the privacy policy of the Online shop (further referred to as ‘Online Shop’).

The Administrator of the Online shop is Dragonsan Studios sp. z o.o. located in Warsaw, Aleja Komisji Edukacji Narodowej 36/112B, 02-797 Warsaw, registered with the National Court Register by the District Court for the Capital City of Warsaw in Warsaw, XIII Commercial Division of the National Court Register, under the KRS no. 0000660049, NIP: 5213765019, REGON: 366407353, share capital: PLN 5,000.00

The seller is Xsolla (USA), Inc. located in Sherman Oaks, CA 91403.

The capitalized terms have meanings which have been defined in the terms and conditions of this Online Shop.

The personal data collected by the Administrator and Seller of the Online Shop are processed 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) (Official Journal of EU L 119, p.1), further referred to as: GDPR.

The Shop’s Administrator and Seller makes every effort to protect the privacy of the information forwarded to it which concerns the Clients of the Online Shop. The Administrator makes every effort to select and apply adequate technical measures, including those of programming and organizational character which ensure the protection of data processing, especially protecting the data against sharing with unauthorized persons, disclosure, loss or damage, unauthorized modification as well as processing it in breach of the current legislation.

Children under the age of 16 are not the recipients of the possibility to use the Goods and Services available on the website. The administrators of personal data do not anticipate intentional collection of data concerning children under the age of 16.

Personal data

Personal Data Administrator

The administrator of your personal data with regards to sales is:

The seller is Xsolla (USA), Inc. located in Sherman Oaks, CA 91403.

The administrator of your personal data with regards to the shop’s support is:

Dragonsan Studios sp. z o.o. located in Warsaw, Aleja Komisji Edukacji Narodowej 36/112B, 02-797 Warsaw, registered with the National Court Register by the District Court for the Capital City of Warsaw in Warsaw, XIII Commercial Division of the National Court Register, under the KRS no. 0000660049, NIP: 5213765019, REGON: 366407353, share capital: PLN 5,000.00

With regards to your personal data, you may get in touch with the shop support Administrator or the sales Administrator using:

  • electronic mail: This email address is being protected from spambots. You need JavaScript enabled to view it.
  • standard mail: Aleja Komisji Edukacji Narodowej 36/112B, 02-797 Warsaw
  • telephone: +48 22 122 82 86

With regards to your personal data, you may get in touch with the sales Administrator using:

  • electronic mail: This email address is being protected from spambots. You need JavaScript enabled to view it.
  • standard mail: 15260 Ventura Blvd, Ste 2230, Sherman Oaks, CA 91403, United States
  • telephone: +1 877 797 65 52

Purposes and legal basis for the processing of personal data

The Administrators of personal data process your personal data for the following purposes and within the following scope:

  • undertaking actions prior to the conclusion of an agreement requested by you (e.g. creating an account), i.e. the data provided in the registration form of the Online Shop, namely the e-mail address and the set password, gender; if the Account’s registration takes place via an external verification service (e.g. Google+, Facebook), we collect your full name and the data provided in order to execute an order such as delivery address; in order to provide Services which require creation of an Account such as keeping order history or informing about the status of your order, we process your Data provided in the Account and during purchasing of the Goods;
  • in order to provide Services which do not require creation of Account and purchase of Goods, i.e. browsing the www sites of the Online Shop or searching for Goods, we process the personal data related to your activity in the Online Shop, namely the data concerning the Goods browsed by you, data concerning your device’s session, the operating system, browser, location, unique ID and IP address;
  • in order to execute a Goods sales agreement (e.g. delivery of ordered goods), we process the personal data provided by you when purchasing the Goods such as full name, e-mail address, contact details or payment details and if you carry out a purchase via the Account, additionally the set password;
  • in order to keep the statistics of using individual functionalities available in the Online Shop, facilitate the use of the Online Shop and ensure IT security of the Online Shop, we process the personal data related to your activity in the Online Shop and the amount of time spent on each of the web page of the Online Shop, search history, location, IP address, device’s ID, data concerning your internet browser and operational system;
  • in order to determine, pursue and enforce claims and protect against claims in the court proceedings and other enforcement bodies, we may process your personal data provided when purchasing the Goods or creating the Account and other data required to prove the existence of the claim or which arise from a legal requirement, court order or another legal procedure;
  • in order to deal with defective product claims, complaints and requests and to reply to Clients’ queries, we process the personal data provided by you in the contact form, defective product claims, complaints and requests or in order to provide answers to the questions included in a different form and some of the personal data provided by you in the Account, as well as the data related to the Goods order and other Services provided by us which are the reasons for the defective product claim, complaint or request and the data included in the documentation attached to the defective product claims, complaints and requests;
  • in order to market our Goods and Services as well as those offered by our clients and partners, including remarketing, for that purpose we process the personal data provided by you when creating the Account and its updating, the data related to your activity in the Online Shop, including the orders which are registered and stored via cookie files, especially order history, search history, number of clicks in the Online Shop, login and registration dates, history and your activity related to our communication with you. In case of remarketing, we use the data related to your activity in order to reach you with our marketing messages outside the Online Shop and for that purpose, we use the services of external suppliers. These services constitute displaying our messages on websites other than the Online Shop. Please refer to the provisions related to cookie files for more information;
  • in order to organize competitions and loyalty programmes i.e. notifications about accumulated points, notification about winning and complaints related to our offer, we use your personal data provided in the Account and during the registration process for the competition or the loyalty programme. Detailed information on this subject are provided on each occasion in the participation conditions of a particular competition or loyalty programme;
  • in order for us and our partners to conduct research of the market and opinions i.e. information about order, your data provided in the Account or during the purchase of the Goods, e-mail address. Data collected as part of researching the market and opinions is not used for advertising purposes. Detailed guidelines are included in the information attached to a particular questionnaire or at the point where you enter your data.

Categories of reference personal data

The Administrator of personal data processes the following categories of reference personal data:

  • contact details;
  • data related to activity in the Online Shop;
  • data related to orders from the Online Shop;
  • data related to defective product claims, complaints and requests;
  • data related to marketing services.

Voluntariness of providing personal data

Provision of the required personal data is voluntary and constitutes the condition for the provision of services by the Administrators of personal data via the Online Shop.

Duration of data processing

Personal data shall be processed for the duration necessary to execute the orders, services, marketing actions and other services performed for the Client. Personal data shall be erased in the following instances:

  • when a data subject requests its removal or withdraws his or her consent;
  • when a data subject takes no action for over 10 years (inactive contact);
  • after receiving information that the data stored is out of date or inaccurate.

Some of the data within the scope of: e-mail address, full name, may be stored for the period of further 3 years for the purposes of evidence, dealing with defective product claims, complaints and claims related to the services provided by the Online Shop – such data shall not be used for marketing purposes.

Data related to the orders of Goods and payment services, competitions and loyalty programmes may be stored for the period of 5 years from the date of order delivery.

Data related to Clients who are not logged in shall be stored for the duration corresponding to the life cycle of the saved cookie files or until they are erased from the Client’s device by the Client.

Your personal data related to preferences, behaviour and selection of marketing content may be used as a basis to undertake automated decisions in order to determine the Online Shop’s sales capability.

Recipients of personal data

We forward your personal data to the following categories of recipients:

  • government bodies such as the prosecutor’s office, Police, PUODO (Office for the Protection of Personal Data), President of UOKiK (Office of Competition and Consumer Protection) should they request it from us,
  • suppliers of services we use in running the Online Shop, e.g. in order to execute an order. Depending on the contractual provisions and circumstances, such entities operate at our request or independently specify the purposes and methods of its processing, you can find the list of supplier on the website of our Online Shop under the following link: Service Providers List.

The rights of a person whom the data concerns

Under GDPR, you have the right to:

  • request access to your personal data;
  • request rectification of your personal data;
  • request removal of your personal data;
  • request restriction of processing personal data;
  • raise an objection regarding processing of personal data;
  • request a transfer of personal data.

Administrators of personal data shall promptly – and in any case within the period of one month from receiving the request – provide you with the information regarding the actions undertaken in relation to the request submitted by you. The period of one month may be extended by another two months due to a complex character of the request or the number of requests submitted.

In any case, the Administrator of personal data shall inform you about such an extension along with the reasons behind the delay within the period of one month from receiving the request.

Right of access by the data subject (art. 15 GDPR)

You have the right to obtain information from the Administrator of personal data as to whether your personal data is being processed.

If the Administrator processes your personal data, you have the right to:

  • access personal data;
  • obtain information on the purposes of its processing, categories of the personal data processed, about the recipients or categories of recipients of such data, planned storage period of your personal data or the criteria used for determining such a period, about your rights under GDPR and the right to submit a complaint to a supervisory body, about the source of such data, about automated decision-making, including profiling and about the security measures applied in relation to processing such data outside the European Union;
  • obtain copies of your personal data.   

If you would like to request access to your personal data, please forward your request to the Administrator’s address: This email address is being protected from spambots. You need JavaScript enabled to view it., or the Seller’s address respectively: This email address is being protected from spambots. You need JavaScript enabled to view it.

Right of rectification of personal data (art. 16 GDPR)

If your personal data is incorrect, you have the right to request the Administrator to promptly rectify your personal data.

You also have the right to request the Administrator to complete the incomplete personal data.

Should you wish to request the rectification or completion of your personal data, please forward your request to the Administrator’s address: This email address is being protected from spambots. You need JavaScript enabled to view it., or the Seller’s address respectively: This email address is being protected from spambots. You need JavaScript enabled to view it.

If you have registered with the Online Shop, you may rectify or complete your personal data independently after logging into the Online Shop.

Right to erasure of personal data, so-called ‘right to be forgotten’ (art. 17 GDPR)

You have the right to request the Administrator of personal data to erase your personal data where one of the following grounds applies:

  • your personal data is no longer necessary in relation to the purposes for which it was collected or otherwise processed;
  • you have withdrawn your consent on which the processing is based;
  • your personal data has been unlawfully processed;
  • you have objected the processing of your personal data for the purposes of direct marketing, including profiling, within the scope the processing of personal data relates to direct marketing;
  • you have objected the processing of your personal data in relation to the processing necessary for executing a task carried out in public interest or the processing necessary for the purposes arising from the legally justified interests executed by the Administrator of personal data or a third party.

Despite the submission of a request to erase personal data, the Administrator of personal data may continue to process your personal data in order to determine, investigate or protect claims and you shall be informed about it.

Should you wish to request the erasure of your personal data, please forward your request to the Administrator’s address: This email address is being protected from spambots. You need JavaScript enabled to view it., or the Seller’s address respectively: This email address is being protected from spambots. You need JavaScript enabled to view it.

Right to request a restriction of processing of personal data (art. 18 GDPR)

You have the right to request a restriction of processing of your personal data where one of the following grounds applies:

  • you question the accuracy of your personal data – the Administrator of personal data shall restrict the processing of your personal data for the duration allowing for the verification of the accuracy of such data;
  • if processing of your personal data is unlawful but instead of erasure of personal data you shall request a restriction of processing of your personal data;
  • your personal data ceased to be necessary for the purposes of processing but it is necessary for the purpose of determining, investigating or securing your claims;
  • if you have objected to the processing of your personal data – until it is determined whether the legally justified interests of the Administrator of personal data override the basis indicated in your objection.

Should you wish to request the restriction of your personal data, please forward your request to the Administrator’s address: This email address is being protected from spambots. You need JavaScript enabled to view it., or the Seller’s address respectively: This email address is being protected from spambots. You need JavaScript enabled to view it.

Right to object to processing of personal data (art. 21 GDPR)

At any point, you have the right to raise an objection to the processing of your personal data, including profiling, in relation to:

  • processing necessary for executing a task carried out in public interest or the processing necessary for the purposes arising from the legally justified interests executed by the Administrator of personal data or a third party;
  • processing for the purposes of direct marketing.

Should you wish to raise an objection to the processing of your personal data, please forward your request to the Administrator’s address: This email address is being protected from spambots. You need JavaScript enabled to view it., or the Seller’s address respectively: This email address is being protected from spambots. You need JavaScript enabled to view it.

Right to request personal data portability (art. 20 GDPR)

You have the right to receive your personal data from the Administrator in a non-structured, commonly used format which is machine readable and to transfer it to another administrator of personal data.

You may also request the Administrator of personal data to forward your personal data directly to another administrator (as long as it is technically possible).

Should you wish to request the transfer of your personal data, please forward your request to the Administrator’s address: This email address is being protected from spambots. You need JavaScript enabled to view it., or the Seller’s address respectively: This email address is being protected from spambots. You need JavaScript enabled to view it.

Right to withdraw consent

You may withdraw your consent to the processing of your personal data at any time.

Withdrawing consent to the processing of personal data does not impact lawfulness of the processing carried out on the basis of your consent prior to the withdrawal.

Should you wish to withdraw your consent to the processing of your personal data, please forward your request to the Administrator’s address: This email address is being protected from spambots. You need JavaScript enabled to view it., or the Seller’s address respectively: This email address is being protected from spambots. You need JavaScript enabled to view it. or use the relevant functionalities in your Account.

Complaint to supervisory body

If you believe that the processing of your personal data breaches the provisions of GDPR, you have the right to make a complaint to a supervisory body, especially in a member state of your ordinary residence, your place of employment or the place where the alleged breach took place.

In Poland, the supervisory body within the meaning of GDPR is the President of the Office for the Protection of Personal Data (PUODO).

Cookie files

General information

When browsing the web pages of the Online Shop, cookie files are used which are further referred to as Cookies which are small pieces of textual information which are saved on your end device in relation to your use of the Online Shop. Their application is aimed at the correct functioning of the Online Shop’s web pages.

These files allow for the identification of your software and adjustment of the Online Shop to your individual needs.

Cookie files usually contain the name of domain from which they originate, their storage time on the device and an assigned value.

Security

The cookie files used by us are safe for your devices. In particular, it is not possible for any viruses or other unwanted software or malware to get transmitted too your device via the cookie files.

Types of cookie files

We use two types of cookie files:

  • Session cookies: they are stored on your device and they remain there until the end of a particular session of your browser. The saved information are then permanently removed from your device’s memory. The mechanism of session cookies does not allow for the retrieval of any personal data or any confidential information from your device.
  • Permanent cookies: they are stored on your device and they remain there until they are deleted. Ending a particular browser session and switching off the device do not result in their removal from your device. The mechanism of permanent cookies does not allow for the retrieval of any personal data or any confidential information from your device.

Purposes

We also use cookie files from external entities for the following purposes:

  • configuring the Online Shop;
  • presenting the Certificate of Conformity via the internet service of solidnyregulamin.pl, the administrator of which is GP Law Firm Poniatowska-Maj Strzelec-Gwóźdź sp. p. located in Kraków, the Privacy Policy is available under the following link: -  http://solidnyregulamin.pl/polityka-prywatnosci/

In order to find out more about the use of Cookies, we encourage you to familiarize yourself with the privacy policies of the aforementioned companies.

Cookies may be used by advertising networks, especially Google, to display advertising content adjusted to your preferences. For this purpose, information might be saved regarding the method of movements on the web or during the time when you are using the website.

In order to browse and edit the information about your preferences collected by the advertising network of Google you may use the tool under the following link: https://www.google.com/ads/preferences/.

Using the internet browser settings or the service configuration, you may independently and at any time change your settings regarding Cookies, specifying the conditions of their storage and access to your device being obtained by Cookie files. Such settings may be changed in the way which blocks the automatic servicing of Cookie files in the internet browser’s settings or informs you about each instance they are placed on your device. Detailed information about the possibility and methods of servicing Cookies is available in your software’s (internet browser’s) settings.