This Privacy and Cookies Policy describes how this website, owned by B&J Julien Chaine with its registered office in Warsaw uses information about you, which is personal data within the meaning of the provisions of the General Data Protection Regulation (GDPR). You will also find information about the rights you have in connection with the processing of your personal data. The Privacy Policy applies to all Customers of the Online Store and visitors to our website who may or may not be our Customers.
In the event of doubts or contradictions between this Policy and the consents granted by a given person, regardless of the provisions of the Policy, the administrator always bases for undertaking and determining the scope of activities are voluntarily granted consents or legal provisions. In the event of such a contradiction between the Policy and the content of information clauses provided by the Administrator during the collection of personal data (usually under forms in the Store or on individual pages), the information that the Customer should be guided by is provided to him as part of the aforementioned information clauses.
DEFINITIONS
Whenever the following terms and definitions are used in this Policy, they shall be construed as follows:
1. Administrator – B&J Julien Chaine (registered office address and delivery address: Wilcza 54A/11, 00-679 Warsaw); NIP: 5272673365; REGON: 362371581 and e-mail address: office@bettynjosh.com
2. Cookies – means IT data, in particular small text files, saved and stored on devices through which the User uses the Online Store websites.
3. Administrator’s Cookies – means Cookies placed by the Administrator, related to the provision of electronic services by the Administrator via the Online Store.
4. External Cookies – means Cookies placed by the Administrator’s partners via the Online Store’s website
5. Personal Data – all information about a natural person identified or identifiable by one or more specific factors determining physical, physiological, genetic, mental, economic, cultural or social identity, including device IP, location data, online identifier and information collected through cookies and other similar technology.
6. Policy – this Privacy Policy.
7. Device – means an electronic device through which the User gains access to the Online Store
8. GDPR – 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.
9. Online Store – an online store run by the Administrator at the address www.bettyandjosh.com.
10. Visitor – any natural person visiting the Online Store or using one or more services or functionalities described in the Policy. The customer is a person who has registered in the Online Store or subscribed to the Newsletter service.
1. GENERAL
1. The administrator of personal data collected through the Online Store is B&J Julien Chaine (registered office address: Wilcza 54A/11, 00-679 Warsaw); NIP: 5272673365; REGON: 362371581 and e-mail address: office@bettynjosh.com – hereinafter referred to as the “Administrator” and being at the same time the Service Provider of the Online Store and the Seller.
2. Personal data in the Online Store are processed by the Administrator in accordance with applicable law, in particular 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, and repealing Directive 95/46/EC (General Data Protection Regulation) – hereinafter referred to as “GDPR” or “GDPR Regulation”. Official text of the GDPR Regulation: http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32016R0679
3. Using the Online Store, including making purchases, is voluntary. Similarly, the related provision of personal data by the Service Recipient or Customer using the Online Store is voluntary, subject to two exceptions: (1) concluding contracts with the Administrator – failure to provide in the cases and to the extent indicated on the Online Store website and in the Online Store Regulations and this privacy policy personal data necessary to conclude and perform the Sales Agreement or the contract for the provision of Electronic Services with the Administrator results in the inability to conclude this contract. Providing personal data is in this case a contractual requirement and if the data subject wants to conclude a given contract with the Administrator, he is obliged to provide the required data. Each time the scope of data required to conclude the contract is indicated in advance on the Online Store website and in the Online Store Regulations; (2) statutory obligations of the Administrator – providing personal data is a statutory requirement resulting from generally applicable legal provisions imposing on the Administrator the obligation to process personal data (e.g. data processing for the purpose of keeping tax or accounting books) and failure to provide them will prevent the Administrator from performing these obligations.
4. The Administrator shall exercise special care to protect the interests of persons to whom the personal data processed by him relate, and in particular he is responsible and ensures that the data collected by him are: (1) processed in accordance with the law; (2) collected for specified, legitimate purposes and not subjected to further processing incompatible with those purposes; (3) factually correct and adequate in relation to the purposes for which they are processed; (4) stored in a form that allows identification of the persons concerned, no longer than is necessary to achieve the purpose of the processing and (5) processed in a way that ensures adequate security of personal data, including protection against unauthorized or unlawful processing and accidental loss, destruction or damage, by appropriate technical or organizational measures.
5. Considering the nature, scope, context and purposes of the processing and the risk to the rights and freedoms of natural persons of varying probability and gravity, the Controller shall implement appropriate technical and organisational measures to ensure that the processing takes place in accordance with this Regulation and is able to demonstrate it. These measures shall be reviewed and updated as necessary. The Administrator applies technical measures to prevent unauthorized persons from obtaining and modifying personal data sent electronically.
6. All words, phrases and acronyms appearing in this privacy policy and beginning with a capital letter (e.g., Seller, Online Store) should be understood in accordance with their definition contained in the Online Store Regulations available on the Online Store websites.
2. GROUNDS FOR DATA PROCESSING
1. The controller shall be entitled to process personal data where, and to the extent that, at least one of the following conditions is met: (1) the data subject has consented to the processing of his or her personal data for one or more specified purposes; (2) processing is necessary for the performance of a contract to which the data subject is a party or to take steps at the request of the data subject prior to entering into a contract; (3) processing is necessary to fulfill a legal obligation incumbent on the Controller; or (4) processing is necessary for the purposes of the legitimate interests pursued by the Controller or by a third party, except where those interests are overrided by the interests or fundamental rights and freedoms of the data subject requiring the protection of personal data, in particular where the data subject is a child.
2. The processing of personal data by the Administrator requires each time the existence of at least one of the grounds indicated in point 2.1 of the privacy policy. Specific grounds for the processing of personal data of Service Recipients and Customers of the Online Store by the Administrator are indicated in the next point of the privacy policy – in relation to the given purpose of personal data processing by the Administrator.
3. PURPOSE, BASIS AND PERIOD OF DATA PROCESSING IN THE ONLINE STORE
1. Each time the purpose, basis and period as well as the recipients of personal data processed by the Administrator result from actions taken by a given Service Recipient or Customer in the Online Store or by the Administrator. For example, if the Customer decides to make purchases in the Online Store and chooses personal collection of the purchased Product instead of courier delivery, his personal data will be processed in order to perform the concluded Sales Agreement but will no longer be made available to the carrier performing shipments at the request of the Administrator.
2. The Administrator may process personal data as part of the Online Store for the following purposes, on the grounds and in the periods indicated in the table below:
| Purpose of data processing | Legal basis for data processing | Data retention period |
| Performance of the Sales Agreement or the contract for the provision of Electronic Services or acting at the request of the data subject before concluding the above-mentioned agreements | Article 6(1)(.b) of the GDPR Regulation (performance of a contract) – processing is necessary for the performance of a contract to which the data subject is a party or to take action at the request of the data subject prior to entering into a contract | The data is stored for the period necessary to perform, terminate or otherwise expire the concluded Sales Agreement or the contract for the provision of Electronic Services. |
| Direct marketing | Article 6(1)(f) of the GDPR Regulation (legitimate interest of the Administrator) – processing is necessary for the purposes resulting from the legitimate interests of the Administrator – consisting in taking care of the interests and good image of the Administrator, his Online Store and striving to sell Products | The data is stored for the period of existence of a legitimate interest pursued by the Administrator, but not longer than for the period of limitation of the Administrator’s claims against the data subject due to the business activity conducted by the Administrator. The limitation period is determined by law, in particular the Civil Code (the basic limitation period for claims related to running a business is three years, and for a sales contract two years). The administrator may not process data for the purpose of direct marketing in the event of an effective objection in this respect by the data subject. |
| Marketing | Article 6(1)(a) of the GDPR Regulation (consent) – the data subject has consented to the processing of his/her personal data for marketing purposes by the Administrator | The data is stored until the data subject withdraws his or her consent to the further processing of his or her data for this purpose. |
| Expression by the Customer of the opinion on the concluded Sales Agreement | Article 6(1)(a) of the GDPR Regulation – the data subject has consented to the processing of his or her personal data for the purpose of expressing an opinion | The data is stored until the data subject withdraws his or her consent to the further processing of his or her data for this purpose. |
| Bookkeeping | Article 6(1)(.c) of the GDPR Regulation in connection with Article 74(2) of the Accounting Act, i.e. of 30 January 2018 (Journal of Laws of 2018, item 395) – processing is necessary to fulfill the legal obligation incumbent on the Administrator; | The data is stored for the period required by law requiring the Administrator to store books or accounting books (5 years, counting from the beginning of the year following the financial year to which the data relates). |
| Determination, investigation or defense of claims that may be raised by the Administrator or that may be raised against the Administrator | Article 6(1)(f) of the GDPR Regulation (legitimate interest of the Administrator) – processing is necessary for the purposes resulting from the legitimate interests of the Administrator – consisting in establishing, pursuing or defending claims that may be raised by the Administrator or that may be raised against the Administrator | The data is stored for the period of existence of a legitimate interest pursued by the Administrator, but not longer than for the period of limitation of claims that may be raised against the Administrator (the basic limitation period for claims against the Administrator is six years). |
| Using the Online Store website and ensuring its proper operation | Article 6(1)(f) of the GDPR Regulation (legitimate interest of the administrator) – processing is necessary for the purposes resulting from the legitimate interests of the Administrator – consisting in running and maintaining the Online Store website | The data is stored for the period of existence of a legitimate interest pursued by the Administrator, but not longer than for the period of limitation of the Administrator’s claims against the data subject due to the business activity conducted by the Administrator. The limitation period is determined by law, in particular the Civil Code (the basic limitation period for claims related to running a business is three years, and for a sales contract two years). |
| Keeping statistics and traffic analysis in the Online Store | Article 6(1)(f) of the GDPR Regulation (legitimate interest of the Administrator) – processing is necessary for the purposes resulting from the legitimate interests of the Administrator – consisting in keeping statistics and analyzing traffic in the Online Store in order to improve the functioning of the Online Store and increase the sales of Products | The data is stored for the period of existence of a legitimate interest pursued by the Administrator, but not longer than for the period of limitation of the Administrator’s claims against the data subject due to the business activity conducted by the Administrator. The limitation period is determined by law, in particular the Civil Code (the basic limitation period for claims related to running a business is three years, and for a sales contract two years). |
4. DATA RECIPIENTS IN THE ONLINE STORE
1. For the proper functioning of the Online Store, including the implementation of concluded Sales Agreements, it is necessary for the Administrator to use the services of external entities (such as, for example, a software provider, courier, or payment service entity). The administrator uses only the services of such processors who provide sufficient guarantees for the implementation of appropriate technical and organizational measures so that the processing meets the requirements of the GDPR Regulation and protects the rights of data subjects.
2. The transfer of data by the Administrator does not take place in every case and not to all recipients or categories of recipients indicated in the privacy policy – the Administrator transfers data only if it is necessary to achieve a given purpose of personal data processing and only to the extent necessary to achieve it. For example, if the Customer uses personal collection, his data will not be transferred to the carrier cooperating with the Administrator.
3. Personal data of Service Recipients and Customers of the Online Store may be transferred to the following recipients or categories of recipients:
a) carriers / forwarders / courier brokers – in the case of a Customer who uses the method of delivery of the Product by post or courier in the Online Store, the Administrator makes the collected personal data of the Customer available to the selected carrier, forwarder or intermediary performing shipments at the request of the Administrator to the extent necessary to deliver the Product to the Customer.
b) entities handling electronic payments or payment card – in the case of a Customer who uses the electronic payment method or a payment card in the Online Store, the Administrator makes the collected personal data of the Customer available to the selected entity handling the above payments in the Online Store at the request of the Administrator to the extent necessary to handle the payment made by the Customer.
c) supplier of the opinion survey system – in the case of a Customer who has agreed to express an opinion on the concluded Sales Agreement, the Administrator makes the collected personal data of the Customer available to the selected entity providing a system of surveys giving opinions on the concluded Sales Agreements in the Online Store at the request of the Administrator to the extent necessary for the Customer to express an opinion using the opinion survey system.
d) service providers supplying the Administrator with technical, IT and organizational solutions enabling the Administrator to conduct business activity, including the Online Store and Electronic Services provided through it (in particular, computer software providers for running the Online Store, e-mail and hosting providers and software providers for managing the company and providing technical support to the Administrator) – A dministrator makes the collected personal data of the Customer available to the selected provider acting on his behalf only in the case and to the extent necessary to achieve a given purpose of data processing in accordance with this privacy policy.
e) providers of accounting, legal and advisory services providing the Administrator with accounting, legal or advisory support (in particular an accounting office, law firm or debt collection company) – the Administrator makes the collected personal data of the Customer available to the selected supplier acting on his behalf only in the case and to the extent necessary to achieve a given purpose of data processing in accordance with this privacy policy.
f) Facebook Ireland Ltd. – the Administrator uses Facebook social plugins on the Online Store website (e.g. Like button, Share or login with Facebook login data) and therefore collects and shares personal data of the Customer using the Online Store website to Facebook Ireland Ltd. (4 Grand Canal Square, Grand Canal Harbour, Dublin 2 Ireland) to the extent and in accordance with the privacy rules available here: https://www.facebook.com/about/privacy/ (this data includes information about activities on the Online Store website – including information about the device, websites visited, purchases, advertisements displayed and how to use the services – regardless of whether the Customer has a Facebook account and is logged in to Facebook).
5. PROFILING IN THE ONLINE STORE
1. The GDPR Regulation imposes on the Administrator the obligation to inform about automated decision-making, including profiling, referred to in Article 22(1) and (4) of the GDPR Regulation, and – at least in these cases – relevant information about the principles of making them, as well as about the importance and expected consequences of such processing for the data subject. With this in mind, the Administrator provides information on possible profiling in this section of the privacy policy.
2. The Administrator may use profiling in the Online Store for direct marketing purposes, but the decisions made on its basis by the Administrator do not concern the conclusion or refusal to conclude a Sales Agreement, or the possibility of using Electronic Services in the Online Store. The effect of using profiling in the Online Store may be, for example, granting a given person a discount, sending him a discount code, reminding him about unfinished purchases, sending a Proposal for a Product that may correspond to the interests or preferences of a given person or proposing better conditions compared to the standard offer of the Online Store. Despite profiling, a given person freely decides whether he will want to take advantage of the discount received in this way or better conditions and make a purchase in the Online Store.
3. Profiling in the Online Store consists in automatic analysis or forecast of a person’s behavior on the Online Store website, e.g., by adding a specific Product to the basket, browsing the page of a specific Product in the Online Store, or by analyzing the previous history of purchases made in the Online Store. The condition for such profiling is that the Administrator has personal data of a given person in order to be able to send him, for example, a discount code.
4. The data subject shall have the right not to be subject to a decision which is based solely on automated processing, including profiling, and which produces legal effects vis-à-vis that person or similarly significantly affects him or her.
6. RIGHTS OF THE DATA SUBJECT
1. The right of access, rectification, restriction, deletion or portability – the data subject has the right to request from the Administrator access to their personal data, rectification, deletion (“right to be forgotten”) or restriction of processing and has the right to object to the processing, as well as has the right to transfer their data. Detailed conditions for the exercise of the above-mentioned rights are indicated in Articles 15-21 of the GDPR Regulation.
2. The right to withdraw consent at any time – a person whose data is processed by the Administrator on the basis of consent (pursuant to Article 6(1)(a) or Article 9(2)(a) of the GDPR Regulation), has the right to withdraw consent at any time without affecting the lawfulness of processing that was carried out on the basis of consent before its withdrawal.
3. The right to lodge a complaint to the supervisory body – a person whose data is processed by the Administrator has the right to lodge a complaint with the supervisory body in the manner and manner specified in the provisions of the GDPR Regulation and Polish law, in particular the Act on the Protection of Personal Data. The supervisory authority in Poland is the President of the Office for Personal Data Protection.
4. Right to object – the data subject has the right to object at any time – on grounds related to his or her particular situation – to the processing of personal data concerning him or her based on Article 6(1)(e) (public interest or tasks) or f) (legitimate interest of the controller), including profiling based on these provisions. In such a case, the controller may no longer process the personal data unless he demonstrates the existence of valid legitimate grounds for the processing which override the interests, rights and freedoms of the data subject or grounds for establishing, pursuing or defending legal claims.
5. Right to object to direct marketing – if personal data are processed for direct marketing purposes, the data subject has the right to object at any time to the processing of personal data concerning him or her for the purposes of such marketing, including profiling, to the extent that the processing is related to such direct marketing.
6. In order to exercise the rights referred to in this point of the privacy policy, you can contact the Administrator by sending an appropriate message in writing or by e-mail to the Administrator’s address indicated at the beginning of the privacy policy or using the contact form available on the Online Store website.
7. COOKIES IN THE ONLINE STORE, OPERATIONAL DATA AND ANALYTICS
1. Cookies are small text information in the form of text files, sent by the server and saved on the side of the person visiting the Online Store website (e.g. on the hard disk of a computer, laptop or on the memory card of a smartphone – depending on which device is used by the visitor of our Online Store). Detailed information on cookies, as well as the history of their creation can be found m.in here: http://pl.wikipedia.org/wiki/Ciasteczko.
2. The Administrator may process the data contained in Cookies when visitors use the Online Store website for the following purposes:
a) identify the Service Recipients as logged in to the Online Store and show that they are logged in;
b) remembering products added to the basket in order to place an Order;
c) remembering data from completed Order Forms, surveys or login data to the Online Store;
d) adjusting the content of the Online Store website to the individual preferences of the Customer (e.g. regarding colors, font size, page layout) and optimizing the use of the Online Store websites;
e) keeping anonymous statistics showing the manner of using the Online Store website;
f) remarketing, i.e. research on the characteristics of the behavior of visitors to the Online Store through anonymous analysis of their activities (e.g. repeated visits to specific pages, keywords, etc.) in order to create their profile and provide them with advertisements tailored to their expected interests, also when they visit other websites in the advertising network of Google Ireland Ltd. and Facebook Ireland Ltd.
3. By default, most web browsers available on the market accept the saving of cookies by default. Everyone has the opportunity to specify the terms of use of Cookies using the settings of their own web browser. This means that you can, for example, partially limit (e.g. temporarily) or completely disable the possibility of saving Cookies – in the latter case, however, it may affect some of the functionalities of the Online Store (for example, it may be impossible to go through the Order Path through the Order Form due to the fact that the Products are not remembered in the basket during the next steps of placing the Order).
4. Web browser settings in the field of Cookies are important from the point of view of consent to the use of Cookies by our Online Store – in accordance with the regulations, such consent may also be expressed through the settings of the web browser. In the absence of such consent, you should change the settings of your web browser in the field of Cookies.
5. Detailed information on changing the settings for Cookies and their self-deletion in the most popular web browsers is available in the help section of the web browser and on the following pages (just click on the link):
in Chrome
in Firefox
w przeglądarce Internet Explorer
in Opera
in Safari
in Microsoft Edge
Cookies used in the Online Store are not harmful either to the visitor or to the computer / end device used by him, so we recommend not disabling their use in browsers.
In the Online Store, belonging to the administrator, two types of cookies are used:
1) session cookies (temporary): they are stored on the devices of visitors until the end of the browser session. At the end of the session, the information is permanently deleted from the Visitors’ device.
2) permanent cookies: they are not deleted after closing the browser and can be used by the Administrator in the future.
8. Depending primarily on the purposes and legal basis for the processing of personal data collected by cookies, they may be stored for the time indicated in point §3 of the Policy.
9. Personal data collected by cookies regarding a visitor who is not a Customer will be stored until an objection is raised. The Administrator may delete personal data if they are not used for marketing purposes for 3 years, unless the law obliges the Administrator to process personal data for a longer time.
10. Part of the personal data may be stored longer in the event that the visitor has any claims against the Administrator or in order to pursue claims by the Administrator or defend against claims (including those of third parties), for the period of limitation specified by law, in particular the Civil Code. In any case, a longer period of storage of personal data is decisive.
11. The Administrator may use Google Analytics, Universal Analytics services provided by Google Ireland Limited (Gordon House, Barrow Street, Dublin 4, Ireland) in the Online Store. These services help the Administrator to keep statistics and analyze traffic in the Online Store. The collected data is processed as part of the above services to generate statistics helpful in administering the Online Store and analyzing traffic in the Online Store. This data is aggregated. The Administrator using the above services in the Online Store collects such data as the sources and medium of obtaining visitors to the Online Store and the way they behave on the Online Store website, information about the devices and browsers from which they visit the website, IP and domain, geographical data and demographic data (age, gender) and interests.
12. It is possible for a given person to easily block the sharing of information about their activity on the Online Store website with Google Analytics – for this purpose, for example, you can install a browser add-on provided by Google Ireland Ltd. available here: https://tools.google.com/dlpage/gaoptout?hl=pl.
13. The Administrator may use the Facebook Pixel service provided by Facebook Ireland Limited (4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland) in the Online Store. This service helps the Administrator to measure the effectiveness of advertisements and find out what actions are taken by visitors to the Online Store, as well as to display tailored advertisements to these people. Detailed information about how the Facebook Pixel works can be found at the following web address: https://www.facebook.com/business/help/742478679120153?helpref=page_content.
14. Managing the operation of the Facebook Pixel is possible through the settings of advertisements in your account on the Facebook.com portal:
https://www.facebook.com/ads/preferences/?entry_product=ad_settings_screen.
8. FINAL PROVISIONS
1. The Online Store may contain links to other websites. The administrator urges you to read the privacy policy set out there after switching to other websites. This privacy policy applies only to the Administrator’s Online Store.
We reserve the right to change this Privacy Policy in the event of changes in the law, guidelines of authorities responsible for supervising personal data protection processes, technology using which we process personal data (if the change affects the wording of this document), as well as in the event of a change in the ways, purposes, or legal bases for the processing of personal data by us.
The current version of the Privacy Policy and cookies has been adopted and has been in force since 15 September 2024.