Terms & Conditions

ARTICLE 1. DEFINITIONS

ARTICLE 2. APPLICABILITY

ARTICLE 3. OFFERS AND CONCLUSIONS

ARTICLE 4. PRODUCT DELIVERY

ARTICLE 5. TERMS OF DELIVERY

ARTICLE 6. INQUIRY, COMPLAINTS AND WARRANTY

ARTICLE 7. SUSPENSION AND DISSOLUTION

ARTICLE 8. PRICES, COSTS AND PAYMENTS

ARTICLE 9. REFUNDS

ARTICLE 10. SHIPPING COSTS ON WITHDRAWAL

ARTICLE 11. LIABILITY AND DAMAGES

ARTICLE 12. SPECIAL OBLIGATION FOR RESELLER

ARTICLE 13. MODIFICATION OF THE TERMS

ARTICLE 14. CHOICE OF LAW AND JURISDICTION

  • ARTICLE 1. DEFINITIONS

In these General Terms and Conditions, the following terms are defined as follows, whether used in the plural or in the singular, unless the context or the provisions in question indicate otherwise.

  1. IVM Firma Handlowa: The seller, located at Aleja T. Kościuszki street 101, 90-441 Łódź, Poland. Registered in the District Court for Łódź-Śródmieście, XX Business Division of the National Court Register under KRS number 0001012820, REGON: 52415237100000, NIP: 7272865829, with a share capital of PLN 5,000. 
  2. Contact information of the seller: email: contact@ivm-firma.pl or telephone: +48888976159.
  3. Buyer: any natural or legal person who has entered into or wishes to enter into an agreement with IVM Firma Handlowa.
  4. Consumer: a buyer as defined above who is a natural person and not acting professionally or commercially.
  5. Parties: IVM Firma Handlowa and the buyer together.
  6. Agreement: Any agreement between IVM Firma Handlowa and the buyer in which IVM Firma Handlowa undertakes to sell and deliver products to the buyer.
  7. Products: All items that IVM Firma Handlowa is to supply to the Buyer under the Contract, including but not limited to cream chargers, whipped cream dispensers, and relevant accessories.
  8. Written: In addition to traditional written communication, communication by email, WhatsApp or any other means of communication that can be considered equivalent due to technical progress and generally accepted practice.
 
  • ARTICLE 2. BASIC PROVISIONS

1. These general terms and conditions apply to every offer from IVM Firma Handlowa and every contract concluded between IVM Firma Handlowa and the buyer.

2. The application of purchase or other general terms and conditions of the buyer is expressly rejected.

3. Deviations from these General Terms and Conditions are only permitted expressly and in writing. Insofar as the provisions expressly agreed in writing by the parties deviate from these General Terms and Conditions, the provisions expressly agreed in writing shall apply.

4. The invalidity or ineffectiveness of one or more provisions of these General Contract Conditions or of the contract as a whole does not affect the validity of the remaining provisions. In such a case, the parties are obliged to find a replacement regulation for the affected clause together, whereby the original purpose of the regulation should be taken into account as far as possible.

 
  • ARTICLE 3. OFFERS AND CONCLUSIONS
  1. All verbal or written offers from IVM Firma Handlowa are non-binding, even if they contain an acceptance period. IVM Firma Handlowa can withdraw its offer until immediately after acceptance by the buyer.
  2. The buyer cannot derive any rights from an offer from IVM Firma Handlowa that contains obvious mistakes or errors.
  3. Notwithstanding the provisions of paragraph 1, all contracts are formed by offer and acceptance. If the buyer’s acceptance deviates from IVM Firma Handlowa’s offer, the contract does not come about in accordance with this deviating acceptance, unless IVM Firma Handlowa expressly states otherwise.
  4. A composite offer does not oblige IVM Firma Handlowa to execute part of the offer at a corresponding part of the stated price.
  5. If the buyer concludes the contract (also) on behalf of another natural or legal person, he declares by concluding the contract that he is entitled to do so. In addition to this (legal) person, the buyer is jointly and severally liable for the fulfillment of the obligations resulting from this contract.
 
  • ARTICLE 4. PRODUCT DELIVERY

  1. Delivery Place and Method: The delivery of the products will occur at the location and in the manner expressly agreed upon. The delivery address indicated by the buyer will be used for delivery. If no delivery address is provided, the billing address will be considered the delivery address.

  2. Partial Deliveries: IVM Firma Handlowa reserves the right to fulfill orders in partial deliveries.

  3. Risk Transfer: The risk of loss and damage to the products passes to the buyer at the moment the products are delivered in accordance with the contract.

  4. Maximum Delivery Time: The maximum delivery time for products is three weeks from the date of the order. If this delivery time is exceeded, the buyer retains the right to receive the products without prejudicing the terms regarding delay as outlined in article 5.2. However, exceeding the delivery time does not entitle the buyer to refuse acceptance of the products or to withhold payment of the amounts due under the contract.

  5. Non-Delivery Due to Buyer’s Circumstance: If delivery cannot be completed due to a circumstance attributable to the buyer, IVM Firma Handlowa has the right to store the products at the buyer’s expense and risk. This is without prejudice to the buyer’s obligation to pay the contractually owed amounts. The buyer will also bear any additional costs incurred due to non-acceptance of the products, such as extra freight or delivery costs.

  6. Risk Transfer to Consumer: For consumers, the risk of loss and damage to the products transfers only at the moment the products are received by or on behalf of the consumer.

  7. Ownership of Delivered Cylinders: Upon delivery, the ownership of the cylinders passes to the buyer. These cylinders are not returnable, for example, on the grounds that they were only provided on loan. Cylinders may only be returned to IVM Firma Handlowa for refilling purposes.

 
  • ARTICLE 5. TERMS OF DELIVERY

1. All delivery times specified by IVM Firma Handlowa are indicative and non-binding. Compliance with these deadlines can depend on various factors, such as the buyer or third parties. If IVM Firma Handlowa is unable to meet the delivery deadline due to force majeure in accordance with Article 7, the obligations will be suspended for the duration of the force majeure.

2. In the event of non-performance by IVM Firma Handlowa due to circumstances for which IVM Firma Handlowa is responsible, IVM Firma Handlowa will only be in default if the buyer has given IVM Firma Handlowa written notice of default, setting a reasonable deadline for performance and IVM Firma Handlowa still has not after this deadline has expired has fulfilled.

3. In cases of non-performance by IVM Firma Handlowa due to circumstances for which IVM Firma Handlowa is responsible, the buyer has the right to dissolve the agreement for the affected part, but is not entitled to additional compensation.

 
  • ARTICLE 6. INQUIRY, COMPLAINTS AND WARRANTY
  1. Our store cares about the satisfaction of our buyers, including immediate response to all doubts and complaints. If the Buyer wishes to submit a complaint regarding a product or our service, he or she may do so by selecting the «Complaint» option in the inquiry type on our contact form. Your inquiry will be forwarded to our dedicated complaints team. We strive to respond to all complaints within 48 hours and resolve them quickly and effectively. The buyer will be informed about the result of the complaint and possible further actions.
  2. The seller is liable to the consumer if the sold item has a defect (warranty).
    The right referred to above also applies to a natural person concluding a contract directly related to his/her business activity, if the content of this contract shows that it does not have a professional character for this person, resulting in particular from the subject of his/her business activity, made available on the basis of provisions on the Central Registration and Information on Business.
  3. IVM Firma Handlowa guarantees that the products comply with the contract at the time of delivery. Any further warranty is excluded, unless statutory rights and claims of the consumer are affected.
  4. The buyer must check at the time of delivery that the products comply with the contract. In the event of a mismatch, IVM Firma Handlowa must be notified immediately.
  5. IVM Firma Handlowa is not obliged to respond to complaints from the buyer if they are not made in a timely manner or in accordance with the provisions of the previous paragraph.
  6. The statutory complaint period for consumers remains unaffected by the provisions of paragraphs 2 and 3.
  7. Even in the event of a timely complaint, the buyer’s obligation to pay remains in force, considering the statutory rights of the consumer.
  8. Claims by the buyer based on defects that can be attributed to external causes or other circumstances for which IVM Firma Handlowa is not responsible are excluded.
  9. Products can only be returned with the prior written consent of IVM Firma Handlowa.
 
  • ARTICLE 7. SUSPENSION AND DISSOLUTION
  1. IVM Firma Handlowa has the right to suspend the performance of the contract or to dissolve the contract in whole or in part if the buyer fails to meet his obligations or circumstances become known that give reason to fear that the buyer will not meet his obligations.
  2. IVM Firma Handlowa has the right to terminate the contract with immediate effect if the buyer liquidates his business, transfers it to a third party, is in bankruptcy, has applied for a (temporary) suspension of payments, is involved in legal debt restructuring proceedings, his goods have been seized or in cases where the buyer cannot otherwise freely dispose of his property, unless the buyer has already provided sufficient security for the amounts owed by IVM Firma Handlowa.
  3. The buyer is obliged to compensate IVM Firma Handlowa for the damage it incurs as a result of the suspension or termination of the contract.
  4. If IVM Firma Handlowa dissolves the contract, all claims that IVM Firma Handlowa may still have against the buyer will become due immediately.
 
  • ARTICLE 8. PRICES, COSTS AND PAYMENTS
  1. Accepted Payment Methods: IVM Firma Handlowa accepts various payment methods to facilitate seamless transactions for the purchase of products. These include PayPal, iMoje, bank transfer, cash on delivery (via InPost), Google Pay, Apple Pay, credit cards (Visa, Maestro, AMEX, etc.), direct bank transfer, and BLIK.
  2. Delivery Costs: The cost of delivery for our products varies depending on the location to which the products are being shipped and the shipping method selected. Delivery costs will be clearly communicated to the Buyer during the checkout process, before the completion of the order. For a general overview, our delivery costs range from 4.00 EUR to 7.50 EUR. For orders exceeding 40.00 EUR, shipping may be offered at a reduced rate or for free. For more detailed information, please refer to our Delivery Information section on our website.
  3. Unless expressly agreed otherwise in writing, all prices quoted by IVM Firma Handlowa are exclusive of VAT, other government taxes and shipping costs, whereby in the case of a consumer purchase the total price including VAT and any additional costs is stated before the contract is concluded.
  4. IVM Firma Handlowa is entitled to demand full or partial advance payment of the agreed price and costs, with the proviso that in the case of a consumer purchase, IVM Firma Handlowa does not oblige the consumer to pay more than 50% of the purchase price in advance. Payment at the time of delivery is not considered an advance payment.
  5. As long as the buyer is in arrears with the payment to IVM Firma Handlowa and the payment is already due, IVM Firma Handlowa is not obliged to (further) fulfill the contract.
  6. Payments are to be made in the manner specified by IVM Firma Handlowa, within the period specified or announced by IVM Firma Handlowa.
  7. IVM Firma Handlowa has the right to only provide the buyer with the invoice by email.
  8. All reasonable costs, such as judicial, extrajudicial and enforcement costs, incurred in order to receive the amounts owed by the buyer to IVM Firma Handlowa are borne by the buyer.
 
  • ARTICLE 9. REFUNDS
  1. The right of an entrepreneur making purchases for purposes related to his business, but not of a professional nature for the buyer, to withdraw from the contract within 14 days.
    e.g. «The Buyer has the right to withdraw from the concluded contract in writing without giving a reason within fourteen days from the date of conclusion of the contract pursuant to the Act of May 30, 2014 (Journal of Laws of 2014, item 827, as amended). In the event of written withdrawal from the contract, the Customer is obliged to return the goods within fourteen days. The right referred to above also applies to a natural person concluding a contract directly related to his/her business activity, if the content of this contract shows that it does not have a professional character for this person, resulting in particular from the subject of his/her business activity, made available on the basis of provisions on the Central Registration and Information on Economic Activity.
  2. All Buyers, including consumers and entrepreneurs making purchases for purposes not related to their professional or commercial activities, have the right to withdraw from their contract within 14 days without giving any reason. The withdrawal period will expire 14 days after the day on which the Buyer, or a third party other than the carrier and indicated by the Buyer, acquires physical possession of the goods. To exercise the right of withdrawal, the Buyer must inform us of their decision to withdraw from this contract by an unequivocal statement (e.g., a letter sent by post, fax, or email).

    Contact information:
    IVM FIMRA HANDLOWA SP. Z O.O.,
    al. Tadeusza Kościuszki 101
    90-441, Łódź
    Poland

    Email: contact@ivm-firma.pl
    Phone: +48 888 976 159

  3. The aforementioned right applies exclusively to those who purchase the product via the IVM Firma Handlowa website.
  • ARTICLE 10: Shipping Costs on Withdrawal
  1. In the event of withdrawal from the contract, the Buyer will bear the direct cost of returning the goods unless otherwise specified. If the returned product is diminished in value resulting from the handling other than what is necessary to establish the nature, characteristics, and functioning of the goods, the Buyer may be liable for this diminished value.
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  • ARTICLE 11. LIABILITY AND DAMAGES
  1. IVM Firma Handlowa assumes no liability for damage caused by inaccuracies or incompleteness of the data provided by the buyer, for other breaches of legal or contractual obligations by the buyer or for other circumstances for which IVM Firma Handlowa cannot be held responsible.
  2. The buyer, with the exception of IVM Firma Handlowa, is responsible and liable for the way in which the products are used by the buyer himself or by a third party whom he allows to use the products. The products must be used in accordance with the enclosed instructions. If the delivered laughing gas is used for human consumption, IVM Firma Handlowa is in no case liable for any (personal) damage that may result. The nitrous oxide user must ensure that it is safe for him to use it. It is recommended to obtain information about the consumption of nitrous oxide, e.g. from the Trimbos Institute. The buyer releases IVM Firma Handlowa from all claims and claims of third parties that arise in connection with the irresponsible consumption of the nitrous oxide supplied by IVM Firma Handlowa and the resulting (personal) injuries.
  3. Except in the case of willful misconduct or gross negligence on the part of IVM Firma Handlowa and with the exception of the provisions in Article 6.1, IVM Firma Handlowa is not liable for defects in the products or for the use of the products by the buyer or third parties.
  4. IVM Firma Handlowa is not liable for indirect damage, including personal injury, losses incurred, lost profits and damage due to business interruptions.
  5. Insofar as IVM Firma Handlowa is liable for damage despite the provisions in these General Terms and Conditions, IVM Firma Handlowa always has the right to remedy this damage. The buyer must give IVM Firma Handlowa the opportunity to do this, otherwise IVM Firma Handlowa will not be liable in this regard.
  6. IVM Firma Handlowa’s liability is limited to a maximum of the invoice value of the contract, at least to that part of the contract to which IVM Firma Handlowa’s liability relates.
  7. The limitation period for all legal claims and objections against IVM Firma Handlowa is one year. Contrary to the previous sentence, claims and defenses to which the consumer is entitled based on facts justifying the allegation that a consumer purchase is not in accordance with the contract shall lapse after two years.
  8. 8. The buyer and in particular the reseller of the products indemnifies IVM Firma Handlowa from all third-party claims that suffer damage in connection with the execution of the contract and the cause of which can be attributed to others than IVM Firma Handlowa. Should IVM Firma Handlowa be sued by third parties for this reason, the buyer must support IVM Firma Handlowa in and out of court and immediately do everything that can reasonably be expected of him in this context. If the buyer does not take appropriate measures, IVM Firma Handlowa is entitled to do this itself if the buyer is in default. All costs and damage incurred by IVM Firma Handlowa and third parties as a result are fully borne and at the risk of the buyer.
  9. In the case of a consumer purchase, the restrictions in this article do not go beyond what is permitted under article 7:24 paragraph 2 of the Polish Civil Code.
 
  • ARTICLE 12. SPECIAL OBLIGATION FOR RESELLER

  1. Reseller Responsibilities: The buyer, when acting as a reseller of the products, must fulfill all legal obligations towards end customers. This includes ensuring that products are not misused or supplied to anyone under the age of 18 years or to those intending to misuse the products.

  2. Confirmation of Legal Age and Authority: The reseller confirms they are over the age of 18 years and are authorized to act on behalf of the stated company or trade.

  3. Resale Conditions: Reselling to customers is done at the reseller’s own expense and risk. Resellers must provide clear signage, labelling, and information with the goods, indicating legitimate uses and explicitly discouraging misuse.

  4. Due Diligence in Reselling: As retail resellers, especially for nitrous oxide, there is an obligation to perform due diligence, ensuring all precautions are taken for public and end-user safety. This includes age verification and diligent assessment to prevent misuse of the products.

  5. Compliance with Regulations: Resellers must regularly ensure compliance with local regulations, and seek legal advice as necessary.

  6. Monitoring and Precautionary Measures: Resellers are responsible for monitoring their customers to ensure they are over 18 years old and intend to use N2O for legitimate purposes. There is an acknowledgment of potential criminal offense risks if products are recklessly provided to minors or misusers.

  7. Legal Use Acknowledgment: The reseller agrees to use and distribute the products strictly for lawful purposes, adhering to the Psychoactive Substances Act 2016 and all applicable laws and government guidance.

  8. Consequences of Misuse: If the reseller is found misusing the goods or reselling them for misuse, their business relationship will be terminated, and they may be blacklisted, preventing future contracts with the supplier. Information may also be shared with law enforcement if deemed necessary for public protection.

  9. Agreement to Terms and Misuse Policy: By providing their details, the reseller agrees to all the above statements and commits to abide by these terms and the misuse policy provided.

  • ARTICLE 13. MODIFICATION OF THE TERMS
  1. IVM Firma Handlowa has the right to change or adapt the General Terms and Conditions in whole or in part at any time.
  2. If IVM Firma Handlowa changes its general terms and conditions in whole or in part, the changed conditions are deemed to have been accepted if the customer has not objected to the changed conditions within 14 days after the changed conditions have been sent to him or have become known to him.
  3. If the customer demonstrates within the period specified in paragraph 2 of this article that he does not agree with the changes, IVM Firma Handlowa has the right to terminate the contract immediately.
 
  • ARTICLE 15. CHOICE OF LAW AND JURISDICTION
  1. Polish law applies exclusively to the contract concluded by IVM Firma Handlowa with the buyer and to all disputes arising from this contract or these general terms and conditions and everything connected with them.
  2. Disputes about this contract, these general conditions or about any matter arising out of this contract or these general conditions will exclusively be submitted to the competent court in Poland. In the case of a consumer purchase, however, the consumer can also appeal to the court at his place of residence, provided that this is permitted by mandatory legal provisions.

PRIVACY POLICY


The protection of the privacy of users of the https://cream-deluxe.shop/ website (hereinafter: “Website”) is of particular importance to us. Therefore, all users of the Website (i.e. visitors) are guaranteed high standards of privacy protection. IVM FIMRA HANDLOWA Sp. z o.o. based in Łódź, as the personal data controller, cares about the security of personal data provided by the users.


I.                   Personal data processing / Controller


“Personal Data” is any information that identifies the user directly, for example, your surname, first name or email address, phone number that you provide when using the contact forms or other functionalities available on the Website; indirectly, for example, Physical Address (MAC addres), IP address or cookie identifiers,


The Controller of the personal data of the Website users processed in accordance with this Privacy Policy is IVM Firma Handlowa Sp. z o.o. based in Łódź, Aleja T. Kościuszki street 101, 90-441 Łódź, Poland, entered in the Register of Entrepreneurs kept by the District Court for Łódź-Śródmieście in Łódź, XX Business Division of the National Court Register under number 0001012820, REGON: 52415237100000, NIP: 7272865829, with a share capital of PLN 5.000 (in words: five thousand zlotys and 00/100) hereinafter referred to as the “Controller” or the “Company”.


The personal data of Website users will be processed by the Controller in accordance with the requirements of the 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 (“GDPR”).


If you have any questions about the Controller’s processing of your personal data, you may contact us at: contact@ivm-firma.pl or by post to the Company’s address.


Pursuant to Article 13(1) and (2) and Article 14(1) and (2) of the GDPR applicable in all EU Member States as of 25 May 2018, we hereby wish to inform you of the manner and purpose for which we process your Personal Data, as well as of your rights relating to the protection of your data.

II.                 Scope of personal data processing

 

When using certain services of the Website, you may be asked to provide your personal data. The required scope of personal data is determined on a case-by-case basis according to the needs of the specific service or functionality of the Website that you intend to use. The data provided through the Website is collected by the Controller directly from the data subjects.


If you use the Website for the sole purpose of getting to know its contents, the Controller may collect certain information about you using cookies, of which you will be informed each time by the Controller. Information on the cookies used on the Website is also contained in section VIII of this Privacy Policy. If the Controller requires the provision of personal data in order to use the functions offered by the Website, the provision of such data is always fully voluntary; however, failure to provide personal data will prevent the use of the Website in accordance with the functionalities offered (including additional functionalities made available on the site).


III.                Purposes and legal basis of data processing

The Controller will only collect and process your personal data in accordance with the provisions of this Privacy Policy. Any data provided by you will be used by the Controller only for the following purposes:

a)      to provide visitor services and to contact you, including to inform you of any changes regarding the products and services offered on the Website or to prepare the process of concluding contracts with the Company’s customers (e-mail and traditional correspondence, telephone contact) – the legal basis for data processing is Article 6(1)(b) or (f) GDPR, with the legitimate interest being relationship building and customer service;

b)      in connection with the conclusion of trade contracts in the course of its business, the Company obtains data from the counterparties regarding the persons representing the Parties in order to conclude the contract and to fulfil contractual obligations, including financial obligations. The obtaining of such data is possible already at the request for proposal stage, at the offer stage, at the stage of negotiating the terms and conditions of a contract, a contract with annexes and annexes amending the terms and conditions of a contract, as well as in the correspondence related to the performance of contracts – the processing of personal data is necessary for the performance of a contract with the Party you represent or upon a request to take action on behalf of the Party before signing such a contract (Article 6(1)(b) GDPR), as well as necessary to comply with the Company’s legal obligations to keep accounting and tax records (Article 6(1)(c) GDPR), and may also be necessary for purposes arising from the Company’s legitimate interests pursued by the Company, i.e. the assertion of claims and defence against claims pursuant to Article 6(1)(f) GDPR,

c.      to process personal data in order to comply with any legal obligations incumbent on the Company – the legal basis for the processing is Article 6(1)(c) GDPR (in particular, accounting and tax obligations, as well as those related to compliance with relevant European and national regulations on the use of our services via the Website);

d.      to comply with any contractual obligations in relation to the Controller’s business partners, which is our legitimate interest in processing the data – the legal basis for data processing is Article 6(1)(f) GDPR;

e.      for analytical purposes, development purposes, for the purpose of improvements (including to improve user experience), administration, maintenance, technical support and security of the Website, which is our legitimate interest in processing the data – the legal basis for data processing is Article 6(1)(f) GDPR;

f.       for the possible establishment, assertion or defence against claims, enforcement or investigation of potential violations of the terms of use of the Website or other actual or alleged unlawful activities, protection of the rights, property or security of the Website, Users, customers and employees of the Controller and other third parties, which is our legitimate interest in processing the data – the legal basis for the processing is Article 6(1)(f) GDPR;

g.      to use the contact forms provided by the Controller on the Website pages, including for the purpose of handling enquiries and requests made through the contact channel provided by the user – the legal basis for data processing is Article 6(1)(f) GDPR;

h.      to carry out activities for which we have obtained consent (the basis is Article 6(1)(a) GDPR) e.g. in order to collect consent to send a newsletter or to send commercial information by e-mail to your e-mail address, data will be processed in connection with Article 6(1)(f) GDPR, where the Company’s legitimate interest is the direct marketing of the Controller’s services or products.

IV.               Personal data recipients

 

Personal data of the Website users / Customers of the Company may be disclosed by the Controller:


a.          to other companies in the Controller’s capital group and to companies cooperating with the Controller, provided that the disclosure of such data is necessary in connection with the pursuit of the Controller’s interests;

b.          to persons authorised by the Controller, i.e. employees and contractors who need to have access to the personal data in order to perform their duties;

c.          your personal data may be disclosed to our partners and third party service providers and processed by them to enable them to perform the services commissioned by the Controller, including IT service providers, accounting or marketing service providers;

d.          to the public authorities or entities entitled to obtain the data on the basis of the applicable law, e.g. courts, law enforcement agencies or state institutions, upon their request, based on an appropriate legal basis. In the event of a data security breach, certain personal data may be subject to disclosure to authorities competent to protect it.


In the case of cooperation with the Controller’s partners or third-party providers, such third-party providers may be located both within the countries that are members of the EU and outside the European Economic Area (EEA).


Where our partners or providers are based outside the EEA, the Controller shall ensure that the transfer of data outside the EEA is carried out in accordance with the applicable laws in this respect. The level of data protection in countries outside the EEA may differ from that guaranteed by the European law. We may transfer data to our partners outside the EEA in particular on the basis of decisions issued by the European Commission or standard contractual clauses approved by the European Commission.


In the absence of a decision establishing an adequate level of protection as set out in Article 45(3) GDPR or the absence of appropriate safeguards as set out in Article 46 GDPR, Personal Data shall only be transferred by IVM Firma Handlowa Sp. z o.o. outside the EEA if:

a.             this is necessary for the performance of a contract concluded with the data subject or to take measures necessary for the conclusion of such a contract;

b.             this is necessary for the Company’s use of the online infrastructure/email, cloud or website;

c.             such an obligation is provided for in the provisions of Polish or European law or international agreements ratified by Poland;

d.             the data subject has been informed of the possible risks that, in the absence of an adequacy decision and in the absence of appropriate safeguards, the proposed transfer may entail for them, has expressly consented to the transfer.

All external parties are obliged to comply with the Controller’s guidelines and to implement appropriate technical and organisational measures to protect the personal data of the Website users or of the Company’s customers. Recipients of data may act as our processors (in which case they are fully subject to our instructions as to the processing of personal data) or as independent controllers (in which case you should also familiarise yourself with their personal data processing rules and regulations).


V.             Rights of data subjects


As the Website User you have the following rights with respect to personal data processed by the Controller:

 

a.              the right to access your personal data;

b.              the right to rectify your personal data if the data is inaccurate or incomplete;

c.              the right to delete your personal data;

d.              the right to object to the processing of your personal data. You have the right to object when the Controller’s processing of your data is based on the Controller’s legitimate interest, e.g. for profiling your data for marketing purposes. The Controller will cease to process the data for these purposes unless there are compelling legitimate grounds that override your interests, rights and freedoms or your data is necessary for the Controller to establish, assert or defend against claims, if any;

e.              if you have given your consent to the processing of personal data, you may withdraw your consent to further data processing at any time. You may withdraw your consent at any time by contacting the Controller at the email address set out in Section I of this Privacy Policy. The withdrawal of your consent does not affect the lawfulness of the processing carried out by the Controller before you withdrew your consent;

f.               the right to data portability of your personal data;

g.              the right to restrict the processing of your personal data;

h.              the right to lodge a complaint with the supervisory authority (the President of the Office for the Protection of Personal Data based in Warsaw ul. Stawki 2, 00-193 Warsaw).


VI.           Period of retention of personal data

 

The Controller will store and process the personal data of the Website users and of the Company’s customers for the period necessary to fulfil the purposes of the processing indicated in section III of this Privacy Policy or in accordance with mandatory legal provisions, i.e., for example, until the end of the contract between the Company and the customer. Once the purpose of the processing has been achieved, the Controller will delete or anonymise the personal data and, where it intends to process the data for analytical purposes, will pseudonymise the data in order to use the data to the extent adequate and necessary for the specified purposes of the processing, in such a way that the data subjects cannot be identified.


VII.      Security


The Controller applies appropriate and adequate technical and organisational measures to ensure an adequate level of security and integrity of your personal data, using proven technological standards to prevent unauthorised access to your personal data.

 

VIII.     Cookies

 

Cookies are small text files that the Website’s page saves on your computer or mobile device when you browse the Website. Cookies usually contain the name of the originating domain, its storage time on the terminal equipment and an individual, randomly selected, unique number identifying the file. The information collected by these files helps to customise the Website to the individual preferences and actual needs of users. They also provide the opportunity to compile general statistics on the use of the Website and to maintain the user’s session.


The entity placing cookies on the user’s terminal equipment and accessing them is the Controller.

The information collected through cookies is solely for the purpose of ensuring the proper functioning of the Website and for analytical, statistical and marketing purposes, as well as to tailor information to the Website user.

 

The Website uses the following cookies:

 

a.     “Necessary” cookies to enable the use of services offered on the Website, e.g. authentication cookies used for services requiring authentication on the Website;

b.     “Performance / Analytical” cookies that collect information about the use of a site, such as the pages visited by a given user and any error messages; they do not collect information that identifies the user and the data collected is aggregated so that it becomes anonymous. Analytical cookies are used to improve the performance of the Website;

c.     “Functional” cookies that allow the website to remember any choices you make on the pages (such as changing the font size, adjusting the page);

d.     “Advertising” cookies – in order to promote certain products, articles or services, we may use advertisements that display on other websites. This type of cookie is used to make advertising messages more relevant and tailored to the preferences of the Website users.


In many cases, the web browsing software (web browser) allows cookies to be stored on the user’s terminal device by default. You can change your cookie settings at any time. These settings can be changed, in particular, in such a way as to block the automatic handling of cookies in the settings of your web browser or inform you each time they are placed on you device.


You may restrict or disable access of cookies to your computer; however, the Controller reserves that, despite the utmost care, in certain cases the non-use of cookies may lead to reduced functionality of the Website.


The Controller reserves the right to use third parties to compile statistics on the use of the Website. No data identifying users will be passed on to such entities.


IX.       Profiling


The data provided by users on the Controller’s websites will not be subject to automated decision-making or profiling.


X.        Information on the obligation to provide personal data


Any Personal Data provided to the Company is provided by you voluntarily, in connection with the use of the functionalities of the Website or the establishment of a relationship with the Data Controller or entering into a commercial relationship with the Data Controller. Failure to provide the necessary information will prevent the performance of contracts or the use of website functionalities (e.g. ordering newsletters or contact via contact forms).


XI.       Amendments


The Privacy Policy may be amended by the Controller at any time. In such case, the Controller shall publish an updated version of the Privacy Policy on the relevant Website page and inform the users of such changes and their effective date.

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