- Service – the website of “Fig&Pear” operating at https://figandpear.com.
- External Service – websites of partners, service providers or customers cooperating with the Administrator
- Administrator of the Service / Data – the Administrator of the Service and the Data Administrator (hereinafter referred to as the Administrator) is the company “DW Diana Świtajewska”, conducting business at the address: Kaczyńskiego 31/44, 80-364 Gdańsk Poland, with assigned tax identification number (VAT-EU): PL7181993869, providing services electronically through the Website
- User – a natural person for whom the Administrator provides services electronically through the Website.
- Device – an electronic device with software, through which the User gains access to the Website.
- 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 individuals 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 by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of the natural person
- Processing – means an operation or set of operations which is performed upon personal data or sets of personal data, whether or not by automated means, such as collection, recording, organisation, organisation, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction;
- Restriction of processing – means the marking of stored personal data for the purpose of restricting its future processing
- Profiling – means any form of automated processing of personal data which involves the use of personal data to evaluate certain personal factors of an individual, in particular to analyse or predict aspects relating to that individual’s performance, economic situation, health, personal preferences, interests, reliability, behaviour, location or movement
- Consent – consent of the data subject means a freely given, specific, informed and unambiguous indication of intent by which the data subject, either by a statement or by a clear affirmative action, gives his or her consent 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, alteration, unauthorised disclosure of, or unauthorised access to, personal data transmitted, stored or otherwise processed
- Pseudonymisation – means the processing of 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 covered by technical and organisational measures which make it impossible to attribute it to an identified or identifiable natural person
- Anonymisation – Data anonymisation is an irreversible process of data operations that destroys / overwrites “personal data” making it impossible to identify, or link, a particular record to a specific user or individual.
§2 Data Protection Officer
Pursuant to Article 37 GDPR, the Controller has not appointed a Data Protection Officer.
For matters concerning 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 data communications system
- External Cookies – files placed and read from the User Device by tele-information systems of external Services. The scripts of external Services that may place Cookies on User Devices have been deliberately placed on the Website through scripts and services made available and installed on the Website
- Session Cookies – files placed and read from the User’s Device by the Service during a single session of a given Device. At the end of the session, the files are deleted from the User Device.
- Persistent cookies – files placed and read from the User Device by the Website until they are manually deleted. The files are not deleted automatically after the end of the session of the Device, unless the configuration of the User Device is set to delete cookies after the end of the session of the Device.
§4 Data storage security
- Mechanisms for storing and reading Cookies – The mechanisms for storing, reading and exchanging data between Cookies stored on the User’s Device and the Website are implemented through the built-in mechanisms of web browsers and do not allow other data to be retrieved from the User’s Device or from other websites visited by the User, including personal data or confidential information. The transfer of viruses, Trojan horses and other worms to the User Device is also practically impossible.
- Internal cookies – the cookies used by the Administrator are safe for the User’s Device and do not contain scripts, content or information which may threaten the security of personal data or the security of the Device used by the User.
- Cookie control
- The User may, at any time, independently change the settings for the storage, deletion and access to data stored in cookies by each website.Information on how to disable cookies in the browsers is available on their websites.The User may, at any time, delete any Cookie files stored to date using the tools of the User’s Device through which the User uses the services of the Website.
- Threats on the part of the User – The Administrator uses all possible technical measures to ensure the security of the data placed in cookies. However, it should be noted that ensuring the security of this data depends on both parties, including the activity of the User. The Administrator is not responsible for interception of this data, impersonation of the User’s session or its deletion, as a result of the User’s conscious or unconscious activity, viruses, Trojan horses and other spyware with which the User’s Device may be or has been infected. Users, in order to protect themselves from these threats, should comply with the rules that enhance their cyber security.
- Storage of personal data – The Administrator shall ensure that it makes every effort to ensure that the processed personal data voluntarily entered by Users is secure, access to it is limited and carried out in accordance with its purpose and the purposes of processing. The Administrator also ensures that it makes every effort to secure the data it holds against loss, by applying appropriate physical as well as organisational safeguards.
- Storage of passwords – The Administrator declares that passwords are stored in an encrypted form using the latest standards and guidelines in this respect. It is virtually impossible to decrypt account passwords provided on the Website.
§5 Purposes for which cookies are usedTo improve and facilitate access to the Website To personalise the website for users Enabling log-in to the website Marketing and remarketing on external websites Ad serving services Affiliation services Maintenance of statistics (users, number of visits, type of devices, links, etc.) Provision of multimedia services Provision of community services
§6 Processing purposes of personal dataPersonal data voluntarily provided by Users are processed for one of the following purposes:
- Implementation of electronic services: Services of registration and maintenance of the User’s account on the Website and the functionalities associated with it Newsletter services (including sending advertising content with consent) The service of sharing information about content posted on the Website with social networks or other sites.
- Communication of the Administrator with the Users on matters related to the Service and data protection
- Ensuring the legitimate interest of the Administrator.
- Keeping statistics
- Serving advertisements tailored to Users’ preferences
- Serving affiliate programmes
- Ensuring the legitimate interest of the Administrator
- Multimedia services:
- Social media (Registration, Login, content sharing, communication, etc.):
- Content sharing services:
- Usługi Newslettera:
- Ad serving services and affiliate networks:
§8 Types of collected dataThe Website collects data about Users. Part of the data is collected automatically and anonymously, and part of the data is personal data voluntarily provided by Users when signing up for particular services offered by the Website.
Anonymous data collected automatically:
- IP address
- Browser type
- Screen resolution
- Approximate location
- Sub-pages accessed
- Time spent on relevant sub-page
- Operating system type
- Previous Subpage Address
- Referring website address
- Browser language
- Internet connection speed
- Internet service provider
- Demographic data (age, gender)
Data collected during registration:
- First name / last name / nickname
- E-mail address
- Telephone number
- IP address (collected automatically)
- VAT number
Data collected when subscribing to the Newsletter service
- First name / surname / nickname
- E-mail address
- IP address (collected automatically)
§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 resold to third parties.
Access to the data (usually on the basis of the Contract for entrustment of data processing) may have entities responsible for maintenance of infrastructure and services necessary for running the service, i.e:
- Companies through which the Newsletter service is provided
- Companies intermediating in on-line payments for goods or services offered within the Website (in case of purchase transactions on the Website)
- Companies responsible for delivery of physical products to the User (postal/courier services in the event of purchase transactions on the Site)
Entrustment of personal data processing – Newsletter
The Administrator, in order to provide the Newsletter service, uses the services of a third party – MailChimp service, . The data entered in the newsletter subscription form are transferred, stored and processed in the external service of this service provider.
In the case of online payment processing, all payment data are transferred directly by the User to the payment processor PayNow (mBank S.A.). The selected data necessary to complete the transaction are then transferred by this entity to the Administrator. The transfer of data is governed by an agreement concluded between the Administrator and the Service Provider.Transfer of personal data – Courier services
In the case of a transaction that requires the transfer of the subject of the transaction by post or courier, part of the personal data of individuals or the data of individuals conducting business activity is transferred to the entity providing postal/courier services on behalf of the Administrator, selected by the User. The transfer of this data is governed by the contract concluded between the Administrator and the Service Provider.
§10 Processing of personal dataPersonal data provided voluntarily by Users:
- Personal data will not be transferred outside the European Union, unless it has been published as a result of an individual action by the User (e.g. entering a comment or a post), which will make the data available to any visitor to the website.
- Personal data are used for automated decision-making (profiling).
- The profiling of personal data does not produce legal effects or similarly does not significantly affect the person whose data is subject to automated decision-making.
- Personal data will not be resold 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) may be used for automated decision-making (profiling).
- The profiling of anonymised data (without personal data) does not produce legal effects or similarly does not materially affect the data subject of the automated decision-making.
- Anonymous data (without personal data) will not be resold to third parties.
§11 Legal grounds for processing personal dataThe Service collects and processes Users’ data on the basis of:
- Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation) Article 6(1)(a) the data subject has given his or her consent to the processing of his or her personal data for one or more specified purposes article 6(1)(b) the processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to 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 Processing period for personal dataPersonal data provided voluntarily by Users:
As a rule, the personal data indicated are stored exclusively for the duration of the provision of the Service within the Service by the Administrator. They are deleted or anonymised up to 30 days after the termination of the service (e.g. deletion of a registered user account, unsubscribing from the Newsletter list, etc.).
The exception to this is when it is necessary to safeguard the legitimate 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 for deletion, no longer than for a period of 3 years in case of violation or suspected violation of the provisions of the regulations of the service by the User.Anonymous data (without personal data) collected automatically:
Anonymous statistical data, which do not constitute personal data, are stored by the Administrator in order to keep statistics of the service for an indefinite period of time.
§13 Users’ rights related to the processing of personal dataThe Website collects and processes Users’ data on the basis of:
Right of access to personal data
Users have the right to access their personal data, exercised upon request made to the Administrator
- Right to rectification of personal data
Users have the right to request from the Administrator the immediate rectification of their personal data that is inaccurate and/or the completion of incomplete personal data, exercised upon request made to the Administrator
- Right to erasure of personal data
- Right to restrict personal data processing
Users have the right to restrict the processing of their personal data in cases indicated in Article 18 of the GDPR, among others, questioning the correctness of their personal data, exercised upon request submitted to the Administrator
- Right to personal data portability
Users have the right to obtain from the Administrator, personal data concerning the User in a structured, commonly used format suitable for machine reading, exercised upon request made to the Administrator
- 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 Article 21 of the GDPR, exercised upon request made to the Administrator
- Right to lodge a complaint
Users have the right to lodge a complaint with the supervisory authority in charge of personal data protection.
§14 Contact to the AdministratorThe Administrator may be contacted in one of the following ways:
- Postal address – DW Diana Świtajewska, Kaczyńskiego 31/44, 80-364 Gdańsk Poland
- Contact form – available at: https://figandpear.com/contact
§15 Service requirements
Restricting the storage of and access to cookies on the User’s Device may result in the malfunction of some functions of the Website.
The Administrator shall not be held liable for malfunctions of the Website in the event that the User restricts the storage and reading of cookies in any way.
§16 External linksIn the Service – articles, posts, entries or comments of Users, there may be links to external websites, with which the Owner of the Service does not cooperate. These links, as well as the sites or files indicated underneath them, may be dangerous to your Device or pose a threat to the security of your data. The Administrator shall not be held liable for the content located outside the Service.
- The introduced changes shall enter into force upon their publication.