Privacy Policy

The following Privacy Policy defines the rules for saving and accessing data on the Devices of Users using the Website for the purposes of providing services electronically by the Administrator, as well as the rules for collecting and processing personal data of Users , which were provided by them personally and voluntarily using the tools available on the Website.

The following Privacy Policy is an integral part of the Terms of Service , which defines the principles, rights and obligations of Users using the Website.

§1 Definitions

  • Service – the “frischekraft.com” website operating at https://frischekraft.com/
  • External website – websites of partners, service providers or service recipients cooperating with the Administrator
  • Administrator of the Website/Data – The Administrator of the Website and the Administrator of Data (hereinafter referred to as the Administrator) is the company ” Baxtan sp. z o. o.”, operating at the following address: Ofiar Katynia 7, with the assigned tax identification number (NIP): 7952560721, with the assigned KRS number: 0000862792, providing services electronically via the Website
  • User – a natural person for whom the Administrator provides services electronically via the Website.
  • Device – an electronic device with software through which the User gains access to the Service
  • Cookies – text data collected in the form of files placed on the User’s Device
  • 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 (General Data Protection Regulation)
  • Personal data – means information about an identified or identifiable natural person (“data subject”); an identifiable natural person is one who can be identified, directly or indirectly, in particular on the basis of an identifier such as a name and surname, an identification number, location data, an online identifier or one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person
  • Processing – means an operation or set of operations performed on personal data or sets of personal data, whether or not by automated means, such as collecting, recording, organizing, structuring, storing, adapting or modifying, downloading, consulting, using, disclosing by transmission, disseminating or otherwise making available, matching or combining, limiting, deleting or destroying;
  • Restriction of processing – means marking the stored personal data in order to limit their future processing
  • Profiling – means any form of automated processing of personal data consisting in the use of personal data to assess certain personal aspects of a natural person, in particular to analyse or forecast aspects relating to the performance of that natural person’s work, their economic situation, health, personal preferences, interests, credibility, behaviour, location or movements
  • Consent – the consent of the data subject means the voluntary, specific, conscious and unambiguous expression of will by which the data subject, in the form of a declaration or a clear affirmative action, consents to the processing of personal data concerning him or her
  • Personal data breach – means a breach of security leading to the accidental or unlawful destruction, loss, modification, unauthorized disclosure of, or unauthorized access to, personal data transmitted, stored or otherwise processed
  • Pseudonymisation – means processing personal data in such a way that they can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that they are not attributed to an identified or identifiable natural person
  • Anonymization – Data anonymization is an irreversible data operation process that destroys / overwrites “personal data” making it impossible to identify or associate a given record with a specific user or natural person.

§2 Data Protection Officer

Pursuant to Art. 37 of the GDPR, the Controller has not appointed a Data Protection Officer.

In matters relating to data processing, including personal data, please contact the Administrator directly.

§3 Types of Cookies

  • Internal cookies – files placed and read from the User’s Device by the Service’s IT system
  • External Cookies – files placed and read from the User’s Device by the IT systems of external Services. Scripts of external Services that can place Cookies on the User’s Devices have been consciously placed on the Service through scripts and services made available and installed on the Service
  • Session Cookies – files placed and read from the User’s Device by the Service during one session of a given Device. After the session ends, the files are deleted from the User’s Device.
  • Persistent Cookies – files placed and read from the User’s Device by the Service until they are manually deleted. Files are not deleted automatically after the Device session ends, unless the User’s Device configuration is set to the Cookie file deletion mode after the Device session ends.

§4 Data storage security

  • Mechanisms for storing and reading Cookie files – The mechanisms for storing, reading and exchanging data between Cookie files saved on the User’s Device and the Service are implemented through built-in mechanisms of web browsers and do not allow for downloading other data from the User’s Device or data from other websites that the User has visited, including personal data or confidential information. Transferring viruses, Trojan horses and other worms to the User’s Device is also practically impossible.
  • Internal Cookies – Cookies used by the Administrator are safe for User Devices and do not contain scripts, content or information that may threaten the security of personal data or the security of the Device used by the User.
  • External Cookies – The Administrator takes all possible actions to verify and select service partners in the context of Users’ safety. The Administrator selects well-known, large partners with global social trust for cooperation. However, he does not have full control over the content of Cookie files from external partners. The Administrator is not responsible for the security of Cookie files , their content and use in accordance with the license by Scripts installed on the service, originating from external Services, to the extent permitted by law. The list of partners is included in the further part of the Privacy Policy.
  • Cookie Control
  • Threats on the User’s Side – The Administrator uses all possible technical means to ensure the security of data placed in Cookie files . However, it should be noted that ensuring the security of this data depends on both parties, including the User’s activity. The Administrator is not responsible for intercepting this data, impersonating the User’s session or deleting it, as a result of the User’s conscious or unconscious activity, viruses, Trojan horses and other spyware, which may be or have infected the User’s Device. In order to protect themselves against these threats, Users should follow the recommendations for safe use of the network .
  • Storage of personal data – The Administrator ensures that it makes every effort to ensure that the processed personal data entered voluntarily by Users are safe, access to them is limited and implemented in accordance with their intended use and the purposes of processing. The Administrator also ensures that it makes every effort to protect the data it holds against loss, by applying appropriate physical and organizational security measures.

§5 Purposes for which Cookies are used

  • Improving and facilitating access to the Service
  • Personalization of the Service for Users
  • Enabling Login to the Service
  • Marketing, Remarketing on external sites
  • Maintaining statistics (users, number of visits, types of devices, connections, etc.)
  • Providing multimedia services
  • Providing community services

§6 Purposes of personal data processing

Personal data voluntarily provided by Users are processed for one of the following purposes:

  • Implementation of electronic services:
    • Services for registering and maintaining the User’s account on the Website and the functionalities related to it
    • Newsletter services (including sending advertising content with consent)
    • Services for commenting/liking entries on the Service without the need to register
    • Services for sharing information about content posted on the Service on social networking sites or other websites.
  • Communication between the Administrator and Users in matters related to the Service and data protection
  • Ensuring the legitimate interest of the Administrator

User Data collected anonymously and automatically is processed for one of the following purposes:

  • Keeping statistics
  • Remarketing
  • Ensuring the legitimate interest of the Administrator

§7 Cookies of external websites

The Administrator uses JavaScript and web components of partners on the Service, which can place their own cookies on the User’s Device. Remember that in your browser settings you can decide on the cookies that can be used by individual websites. Below is a list of partners or their services implemented on the Service, which can place cookies :

the methods of using cookies at any time .

§8 Types of data collected

The Service collects data about Users. Some of the data is collected automatically and anonymously, and some of the data is personal data provided voluntarily by Users when signing up for individual services offered by the Service.

Anonymous data collected automatically:

  • IP address
  • Browser type
  • Screen resolution
  • Approximate location
  • Opened subpages of the website
  • Time spent on the appropriate website subpage
  • Type of operating system
  • Address of the previous subpage
  • Referrer address
  • Browser language
  • Internet connection speed
  • Internet Service Provider

Data collected during registration:

  • Name / Surname / Nickname
  • Email address
  • Phone number
  • IP address (automatically collected)
  • Tax Identification Number

Data collected when signing up for the Newsletter service

  • Name / Surname / Nickname
  • Email address
  • IP address (automatically collected)

Data collected when adding a comment

  • Name and surname / nickname
  • Email address
  • IP address (automatically collected)

Some data (without identifying data) may be stored in cookies . Some data (without identifying data) may be transferred to a statistical service provider.

§9 Access to personal data by third parties

As a rule, the only recipient of personal data provided by Users is the Administrator. Data collected as part of the services provided is not transferred or sold to third parties.

Access to data (usually based on a Data Processing Agreement) may be granted to entities responsible for maintaining the infrastructure and services necessary to run the website, i.e.:

  • Companies through which the Newsletter service is provided

Entrusting the processing of personal data – Newsletter

In order to provide the Newsletter service , the Administrator uses the services of a third party – the MailChimp service . Data entered in the newsletter subscription form are transferred, stored and processed in the external service of this service provider.

We inform you that the indicated partner may modify the indicated privacy policy without the consent of the Administrator.

§10 Method of processing personal data

Personal data provided voluntarily by Users:

  • Personal data will not be transferred outside the European Union, unless they are published as a result of individual action by the User (e.g. entering a comment or entry), which will make the data available to any person visiting the website.
  • Personal data will not be used for automated decision-making (profiling).
  • Personal data will not be sold to third parties.

Anonymous data (without personal data) collected automatically:

  • Anonymous data (without personal data) will be transferred outside the European Union.
  • Anonymous data (without personal data) will not be used for automated decision-making (profiling).
  • Anonymous data (without personal data) will not be sold to third parties.

§11 Legal basis for personal data processing

The Website collects and processes User data based on:

  • 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)
    • Article 6 paragraph 1 letter a
      the data subject has given consent to the processing of his or her personal data for one or more specific purposes
    • Article 6(1)(b)
      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 before entering into a contract
    • Article 6(1)(f)
      processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party
  • Act of 10 May 2018 on the Protection of Personal Data ( Journal of Laws 2018, item 1000)
  • Act of 16 July 2004 – Telecommunications Law ( Journal of Laws 2004 No. 171 item 1800)
  • Act of 4 February 1994 on Copyright and Related Rights (Journal of Laws 1994 No. 24 item 83)

§12. Period of personal data processing

Personal data provided voluntarily by Users:

As a rule, the indicated personal data are stored only for the period of provision of the Service within the Service by the Administrator. They are deleted or anonymized within 30 days from the end of the provision of services (e.g. deletion of a registered user account, unsubscription from the Newsletter list , etc.)

The exception is a situation that requires securing legally justified purposes of further processing of this data by the Administrator. In such a situation, the Administrator will store the indicated data, from the time of the User’s request to delete them, for no longer than 3 years in the event of a violation or suspicion of a violation of the provisions of the website regulations by the User

Anonymous data (without personal data) collected automatically:

Anonymous statistical data, not constituting personal data, are stored by the Administrator for the purpose of maintaining website statistics for an indefinite period of time.

§13 User Rights Related to Personal Data Processing

The Website collects and processes User data based on:

  • The right to access personal data
    Users have the right to access their personal data, which is exercised upon request submitted to the Administrator
  • The right to rectify personal data
    Users have the right to demand from the Administrator to immediately rectify personal data that is incorrect and/or to supplement incomplete personal data, carried out upon request submitted to the Administrator
  • The right to delete personal data
    Users have the right to demand that the Administrator immediately delete personal data, implemented upon request submitted to the Administrator. In the case of user accounts, deletion of data consists in anonymizing the data enabling the identification of the User. The Administrator reserves the right to suspend the execution of the request to delete data in order to protect the legitimate interest of the Administrator (e.g. when the User has violated the Regulations or the data was obtained as a result of correspondence). In the case of the
    Newsletter service , the User has the option of deleting their personal data themselves using the link placed in each sent e-mail message.
  • The right to limit the processing of personal data
    Users have the right to limit the processing of personal data in the cases indicated in Art. 18 of the GDPR, including questioning the accuracy of personal data, implemented at the request submitted to the Administrator
  • The right to transfer personal data
    Users have the right to obtain from the Administrator personal data concerning the User in a structured, commonly used machine-readable format, implemented upon request submitted to the Administrator
  • The right to object to the processing of personal data
    Users have the right to object to the processing of their personal data in the cases specified in Art. 21 of the GDPR, implemented at the request submitted to the Administrator
  • Right to lodge a complaint
    Users have the right to lodge a complaint with the supervisory authority responsible for the protection of personal data.

§14 Contact to the Administrator

You can contact the Administrator in one of the following ways:

  • Postal address – Baxtan sp. z o. o., Ofiar Katyna 7
  • Email address – verkauf@frischekraft.com
  • Contact form – available at: https://frischekraft.com/contact-us/

§15 Service Requirements

  • Limiting the storage and access to Cookies on the User’s Device may result in incorrect operation of some functions of the Service.
  • The Administrator shall not be liable for any incorrect functioning of the Website functions if the User limits in any way the ability to save and read Cookies .

§16 External links

The Service – articles, posts, entries or comments of Users may contain links to external sites with which the Owner of the service does not cooperate. These links and the pages or files indicated under them may be dangerous to your Device or pose a threat to the security of your data. The Administrator is not responsible for the content located outside the Service.

§17 Changes to the Privacy Policy

  • The Administrator reserves the right to make any changes to this Privacy Policy without the need to inform Users regarding the use and exploitation of anonymous data or the use of Cookies .
  • The Administrator reserves the right to change this Privacy Policy at any time in the scope of processing Personal Data, about which he will inform Users who have user accounts or have subscribed to the newsletter service , via e-mail within 7 days of changing the provisions. Further use of the services means familiarization and acceptance of the introduced changes to the Privacy Policy. In the event that the User does not agree with the introduced changes, he is obliged to delete his account from the Service or unsubscribe from the Newsletter service .
  • Any changes made to the Privacy Policy will be published on this subpage of the Website.
  • Any changes introduced will come into effect upon their publication.