PRIVACY AND COOKIES
POLICY OF VIRTUE-YAHCTS.COM WEBSITE
This Privacy and Cookies Policy of the Website (hereinafter: “Policy”) is
provided for information purposes which means that is not a source of
obligations for the persons visiting the Website. All questions or doubts
connected with the processing of your personal data can be sent to the
following e-mail address: info@virtue-yachts.com
I. PURPOSE OF THE POLICY
II. GENERAL PROVISIONS
III. PURPOSES AND BASES OF PERSONAL DATA PROCESSING
1. ELECTRONIC SERVICES
2. PLACEMENT OF ORDERS AND PERFORMANCE OF THE SALE CONTRACT
3. CONTACT WITH THE CUSTOMER
4. NEWSLETTER
5. BLOG
IV. PERIOD OF PROCESSING
V. RECIPIENTS OF PERSONAL DATA
VI. RIGHTS OF DATA SUBJECTS
VII. COOKIES
VIII. FINAL PROVISIONS
I. PURPOSE OF THE POLICY
The purpose of this Policy is:
a) presentation of the principles of processing of personal data by the
Controller on the Website (including the Mobile Application), and by
making it available – notifying the data subjects of the processing of their
personal data under Regulation (EU) 2016/679 of the European Parliamentand 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) (hereinafter: “GDPR”);
b) explanation of your rights in relation to the personal data processed by
the Controller and methods of securing them;
c) information about the cookies used by the Website and terms of their
acceptance.
II. GENERAL PROVISIONS
1. The Controller of your personal data collected through the Website
(including the Mobile Application) and the entity running the Website is
Virtue Yachts Sp. z o.o. with registered office in Giżycko (ul. Obwodowa 4, 11-
500 Giżycko), (KRS) under number 0000900003, NIP (Tax Identification
Number) 9731077565,, REGON (Polish National Official Business Register)
388883906, website address: www.virute-yachts.com electronic mail
address: info@virtue-yachts.com telephone number: +48 571 553 821 (toll
as for a standard call – according to the pricelist of the relevant operator)
(hereinafter: “Controller”).
2. In all matters related to protection of personal data, the Controller can be
contacted at the following e-mail address: info@virtue-yachts.com
3. The Controller declares that it acts with due diligence to protect the
interests of the data subject. In particular, it warrants that:
a) it processes the personal data in compliance with the law, reliably and
transparently for the data subject;
b) it collects the personal data for specific, clear and legitimate purposes
and does not process them further in a manner not compliant with those
purposes;
c) the personal data are adequate, appropriate, and limited to the extent
necessary for the purposes of their processing;
d) the personal data are correct and updated if needed;
e) it stores the personal data in a form allowing identification of the data
subject for the maximum period necessary to pursue the purposes of their
processing;
f) it processes the personal data in a manner that ensures appropriate
security, including protection against unauthorised or unlawful processingand against accidental loss, destruction or damage, using appropriate
technical or organisational measures.
4. Providing personal data is voluntary but necessary to pursue the
purposes specified in Clause III below.
III. PURPOSES AND BASES OF PERSONAL DATA PROCESSING
Your personal data can be processed for various purposes and based on
different legal bases, depending on the functionalities of the Website you
use, especially for the purpose of conclusion and performance of the
contracts concluded with you, marketing, analytical or statistical activities,
improvement of the quality of services, performance of the relevant legal
obligations imposed on the Controller. For details, see below.
1. ELECTRONIC SERVICES
The personal data provided by you in connection with creation of the
Website Account as well as other personal data obtained in connection
with your activity on the Website and use of the Electronic Services are
processed mostly to enable your registration on the Website and for the
purpose of operation of your Account as well as use of other available
Electronic Services. The legal basis for processing of your personal data for
this purpose is the requirement for performance of the Service Contract
concluded with the Controller – Article 6(1)(b) of GDPR.
Your personal data can be also processed for the purpose of marketing,
analytical and statistical activities as well as pursuit or defence of potential
claims. In such a case, the legal basis for processing of your personal data
is the legitimate interest of the Controller or a third party – Article 6(1)(f) of
GDPR.
2. PLACEMENT OF ORDERS AND PERFORMANCE OF THE SALE CONTRACT
The personal data provided by you in connection with placement of Orders
and conclusion of the Sale Contract on the Website are processed mainly
for the purpose of execution of the purchase process, i.e.:
a) for the purpose of execution of your Order and performance of the
concluded Sale Contract. The legal basis for processing of your personal
data for this purpose is the requirement for performance of the SaleContract concluded with the Controller – Article 6(1)(b) of GDPR.
b) for the purpose of settlement of your Order and the concluded Sale
Contract, including issue and retention of documents regarding sale,
processing of returns and complaints. The legal basis for processing of your
personal data for this purpose is fulfilment of the obligations imposed on
the Controller under the applicable law, including accounting and tax
obligations – Article 6(1)(c) of GDPR.
Your personal data can be also processed for the purpose of marketing,
analytical and statistical activities as well as pursuit or defence of potential
claims. In such a case, the legal basis for processing of your personal data
is the legitimate interest of the Controller or a third party – Article 6(1)(f) of
GDPR.
3. CONTACT WITH THE CUSTOMER
The personal data provided by you in connection with contact with the
Controller via electronic mail, by telephone or via the contact form are
processed mainly for the purpose of processing of your request and
providing a reply. The legal basis for processing of your personal data for
this purpose is the legitimate interest of the Controller – Article 6(1)(f) of
GDPR.
Your personal data can be also processed for the purpose of marketing,
analytical and statistical activities as well as pursuit or defence of potential
claims. The legal basis for processing of your personal data for this purpose
is the legitimate interest of the Controller or a third party – Article 6(1)(f) of
GDPR.
4. NEWSLETTER
If you sign up for the Newsletter (grant consent for receipt of commercial
information), your personal data are processed to send marketing content
to you (receipt of the Newsletter). The legal basis for processing of your
personal data for this purpose is the requirement for performance of the
Newsletter contract concluded with the Controller – Article 6(1)(b) of GDPR.
Your personal data can be also processed for the purpose of marketing
(not related to the Newsletter), analytical and statistical activities as well as
pursuit or defence of potential claims. In such a case, the legal basis for
processing of your personal data is the legitimate interest of the Controller
or a third party – Article 6(1)(f) of GDPR.5. BLOG
If you use the Blog, the moment you start using it (i.e. upon proper launch of
the service consisting in display of the relevant URL address –
https://virtue-yachts.com/news especially by entry in the address bar of
web browser of the address: https://virtue-yachts.com/news), your
personal data are processed to make the content and materials published
on the Blog available to you. The legal basis for processing of your personal
data for this purpose is the requirement for performance of the Blog service
contract concluded with the Controller – Article 6(1)(b) of GDPR.
Your personal data can be also processed for the purpose of marketing
(not related to the Blog), analytical and statistical activities. In such a case,
the legal basis for processing of your personal data is the legitimate
interest of the Controller or a third party – Article 6(1)(f) of GDPR –
consisting in marketing of products or services.
Furthermore, your personal data can be processed to pursue and establish
claims or to defend against any potential claims. In such a case, the legal
basis for processing of your personal data is the legitimate interest of the
Controller or a third party – Article 6(1)(f) of GDPR – consisting in the legal
need for demonstration of facts or defence of interests.
IV. PERIOD OF PROCESSING
1. Your personal data are processed:
a) in connection with creation of the Account or use of other Electronic
Services – for the period of existence of the Account or use of other
Electronic Services;
b) in connection with placement of the Order or conclusion of the Service
Contract – for the period required to execute the Order and perform the
concluded Sale Contract, including settlement of the Order and concluded
Sale Contract as well as fulfilment of the legal obligations connected with
the concluded Contract (accounting and tax obligations);
c) in connection with contact with the Controller – for the period required to
process your request and provide a reply;
d) in connection with conducted marketing, analytical or statistical
activities – for the period of existence of the legitimate interest of the
Controller or a third party, alternatively until you submit an objection tosuch processing;
2. Furthermore, in any case, your personal data can be also processed for
the period necessary for:
a) performance of the Controller’s obligations under the applicable law;
b) pursuit or defence against potential claims – for the prescription period
provided for by the applicable law.
3. The period of storage of your personal data may vary depending on the
scope of the personal data and purposes of their processing. In any case,
the longer period of storage of personal data shall apply.
V. RECIPIENTS OF PERSONAL DATA
1. The Controller can make your personal data available to the third parties
it cooperates with in running the Website. These may include entities that
provide technical assistant in running the Website, e.g. hosting service or
ICT service providers, carriers or agents delivering the ordered Products,
entities processing electronic or card payments, companies providing
support in communication with customers and marketing campaigns as
well as providers of legal and advising services. The third parties the
Controller makes the personal data available to on the Website are obliged
to apply appropriate measures ensuring security and protection of your
personal data. Your personal data can be also transferred to the
companies belonging to the capital group of the Controller.
2. In principle, your personal data are processed within the territory of the
European Economic Area (hereinafter: “EEA”). However, in connection with
the Controller’s cooperation with third parties in the scope of the operation
of the Webstie, your personal data may be transferred to a country outside
the EEA where the entity cooperating with the Controller maintains the tools
used to process the personal data in cooperation with the Controller. In the
case of such a transfer of data, it shall be done only to the extent necessary
and connected with the services provided by such entities to the
Controller.
3. In the case of transfer of personal data to any entities domiciled outside
the EEA, the Controller ensures fulfilment of the requirements provided for in
Chapter 5 of GDPR, including application of the appropriate transfersecurity measures in the form of standard contractual clauses adopted
under the decision of the European Commission. You can obtain a copy of
the security measures applied for the personal data transferred outside the
EEA contacting the Controller at the following e-mail address: info@virtue-
yachts.com
VI. RIGHTS OF DATA SUBJECTS
The data subject has the right to:
a) access to his/her personal data (including but not limited to receipt of
information on which personal data are processed);
b) request rectification and restriction of processing of personal data (e.g.
if they are incorrect);
c) request erasure of personal data (e.g. if they are processed in breach of
the law);
d) transfer the personal data (data portability) he/she supplied to the
Controller and which are processed in an automated manner, and where
the processing is based on a consent or the basis of requirement for the
purpose of performance of the contract, e.g. to another controller;
e) withdraw the consent (to the extent the consent is the basis for
processing) at any time, it being understood that withdrawal of the consent
does not affect the processing carried out by the Controller lawfully prior to
its withdrawal;
f) object to the processing of his/her personal data based on the premise
of requirement for the purposes resulting from the legitimate interests of
the Controller or a third party, including but not limited to processing for
marketing purposes;
g) file a complaint with the President of the Personal Data Protection Office.
VII. COOKIES
1. The Controller uses cookies (small text files) or files of similar functionality,
stored in your end device in connection with use of the Website.
2. Cookies allow us to ensure proper functioning of the Website and
execution of its primary functions. We may also use them to analyse the
use of the Website, customise it to your interests and present customised
advertising content.3. Cookies collect various types of information which, in principle, are not
personal data (they do not allow to identify you). Certain information,
depending on their content and method of use, may be, however,
attributed to a certain person and, thus, considered as personal data. In
relation to information of this type, the provisions of the Policy regarding
personal data apply accordingly. To the extent the cookies contain your
personal data, the basis for their processing is the legitimate interest of the
Controller or a third party – Article 6(1)(f) of GDPR.
4. The Website uses two main types of cookies:
a) “session cookies” – temporary files stored in your end device until you
leave the website or turn the software (Internet browser) off; and
b) “persistent cookies” – files stored on your end device for the period set in
the cookies parameters or until you delete them.
5. In addition to the necessary cookies (which we use to guarantee proper
operation of the service and its safe use), we may also use the following
types of cookies on the Website:
a) analytical and functional – cookies used to analyse the method of use of
the Website. They allow us, among other things, to determine the number of
Website visitors as well as detect irregularities in its functionalities and to
improve it continuously. These cookies also make the use of the Website
easier for you (e.g. by saving your information and settings);
b) marketing – cookies used to present advertisements customised to your
interests; they can also be used to adapt the content and advertisements
presented to you by the third parties we cooperate with.
6. In many cases, the web browser allows storage of cookies in the user’s
end device by default. You can delete the cookies stored on your end
device or disable their saving in the settings of your web browser at any
time.
7. For detailed information on the methods of disabling / deleting cookies,
see the “Help” section of your web browser. For example, in Internet Explorer
browser cookies can be modified in: Tools -> Internet options -> Privacy; in
Mozilla Firefox: Tools -> Options -> Privacy; while in Google Chrome: Settings
-> Show advanced settings -> Privacy -> Content settings -> Cookies.
Access paths may differ depending on the web browser version used.
8. When using the Website, you can select the scope of use of the cookies
technology and then grant the relevant consent corresponding to theselected scope. The cookies installed on your device will depend on the
scope of cookies you consent to.
9. Cookies are harmless for you and your device. Restriction of use of the
cookies may affect certain functionalities available on the Website, allow or
significantly hinder proper use of the Website.
10. As the Controller cooperates with other entities as part of the Website,
for the purposes of the said cooperation the browser saves also cookies
originating from the entities the Controller cooperates with. This allows for
collection of, among other things, information on the viewed Products. The
cookies sent by those entities aim, in particular, at ensuring proper
operation of the Website and improvement of effectiveness of presentation
of advertisements, corresponding to your online activity. In particular, the
Controller uses the services of the following entities who use cookies on the
Website. Google Analytics ( https://policies.google.com/privacy), Facebook
(Meta).
VIII. FINAL PROVISIONS
1. The Controller reserves the right to change the Policy – this may happen
for important reasons, including but not limited to:
a) change of the applicable law, including but not limited to law regarding
protection of personal data, telecommunication law, law regarding
electronic services and regulating the rights of consumers, affecting the
rights and duties of the Controller or user of the Website;
b) development of functionalities or electronic services resulting from
advancements in Internet technology, including use / implementation of
new technological or technical solutions, affecting the scope of the Policy.
2. The Controller will publish information on every change of the Policy on
the Website. Along with each change, the new version of the Policy will be
published with a new date.
3. As links to third-party websites not belonging to the Controller and for
which the Controller accepts no liability may be displayed on the Website,
the Controller encourages you to read the privacy policies published on the
third-party websites of other controllers.
4. This Policy version is effective as of 2023.01.01