Privacy Policy
PRIVACY POLICY
ONLINE STORE BESHAPED.PL
TABLE OF CONTENTS:
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GENERAL PROVISIONS
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LEGAL BASIS FOR DATA PROCESSING
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PURPOSE, LEGAL BASIS, AND PERIOD OF DATA PROCESSING IN THE ONLINE STORE
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DATA RECIPIENTS IN THE ONLINE STORE
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PROFILING IN THE ONLINE STORE
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RIGHTS OF THE DATA SUBJECT
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COOKIES IN THE ONLINE STORE AND ANALYTICS
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FINAL PROVISIONS
1. GENERAL PROVISIONS
1.1. This privacy policy of the Online Store is informational in nature, which means that it is not a source of obligations for Service Recipients or Customers of the Online Store. The privacy policy primarily contains the principles regarding the processing of personal data by the Administrator in the Online Store, including the legal basis, purposes, and period of processing personal data, as well as the rights of the individuals whose data is concerned, along with information on the use of Cookies and analytical tools in the Online Store.
1.2. The Administrator of personal data collected through the Online Store is WORLDWIDE T&S SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOśCIą based in Warsaw (registered office and contact address: ul. Marszałkowska 58, 00-545 Warsaw); registered in the Register of Entrepreneurs of the National Court Register under the number KRS 0000816105; the registration court where the company's documentation is kept: District Court for the capital city of Warsaw in Warsaw, XII Economic Department of the National Court Register; share capital of: 5,000 PLN; NIP: 7010957298; REGON: 384949755, email address: kontakt@beshaped.pl – hereinafter referred to as the Administrator and also being the Service Provider of the Online Store and Seller.
1.3. Contact details of the data protection officer appointed by the Administrator: Ewa Wójcik
1.4. Personal data in the Online Store is processed by the Administrator in accordance with applicable law, in particular in accordance with the Regulation of the European Parliament and of the Council (EU) 2016/679 of April 27, 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. The official text of the GDPR Regulation: http://eur-lex.europa.eu/legal-content/PL/TXT/?uri=CELEX%3A32016R0679
1.5. Using the Online Store, including making purchases, is voluntary. Similarly, providing personal data by the user of the Online Store, whether a Service Recipient or Customer, is voluntary, with the exception of two cases: (1) entering into contracts with the Administrator – failure to provide in the cases and to the extent indicated on the Online Store page and in the Online Store Regulations and this personal data privacy policy, the data necessary for the conclusion and execution of the Sales Agreement or the electronic service agreement with the Administrator results in the inability to conclude the same agreement. Providing personal data is in this case a contractual requirement, and if the person to whom the data pertains wishes to conclude a given agreement with the Administrator, they are obliged to provide the required data. The scope of data required to conclude the agreement is always indicated in advance on the Online Store page and in the Online Store Regulations; (2) legal obligations of the Administrator – providing personal data is a statutory requirement resulting from generally applicable legal provisions imposing an obligation on the Administrator to process personal data (e.g., processing data for tax or accounting purposes) and failure to provide them will prevent the Administrator from fulfilling these obligations.
1.6. The Administrator takes special care to protect the interests of the individuals whose personal data is processed by them, and in particular is responsible for ensuring that the data collected by them are: (1) processed lawfully; (2) collected for specified, lawful purposes and not further processed in a manner inconsistent with those purposes; (3) accurate and adequate in relation to the purposes for which they are processed; (4) stored in a form which permits identification of the individuals to whom they relate, no longer than is necessary for the purposes of processing; and (5) processed in a manner ensuring appropriate security of personal data, including protection against unauthorized or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organizational measures.
1.7. Taking into account the nature, scope, context, and purposes of processing as well as the risk of infringement of the rights or freedoms of natural persons with varying probabilities and severity of the threat, the Administrator implements appropriate technical and organizational measures to ensure that processing is carried out in accordance with this regulation and to be able to demonstrate this. These measures are reviewed and updated as necessary. The Administrator applies technical measures to prevent unauthorized persons from obtaining and modifying personal data transmitted electronically.
1.8. Any words, phrases, and acronyms appearing in this privacy policy and starting with a capital letter (e.g., Seller, Online Store, Electronic Service) should be understood according to their definitions contained in the Online Store Regulations available on the Online Store pages.
2. LEGAL GROUNDS FOR DATA PROCESSING
2.1. The Administrator is authorized to process personal data in cases where – and to the extent that – at least one of the following conditions is met: (1) the person to whom the data relates has consented to the processing of their personal data for one or more specified purposes; (2) the processing is necessary for the performance of a contract to which the data subject is a party or to take actions at the request of the data subject prior to entering into a contract; (3) the processing is necessary to comply with a legal obligation to which the Administrator is subject; or (4) the processing is necessary for the purposes of legitimate interests pursued by the Administrator or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject requiring protection of personal data, particularly when the data subject is a child.
2.2. Processing of personal data by the Administrator requires the existence of at least one of the grounds specified in point 2.1 of the privacy policy. The specific grounds for processing 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 specific purpose of processing personal data by the Administrator.
3. PURPOSE, LEGAL BASIS, AND PERIOD OF DATA PROCESSING IN THE ONLINE STORE
3.1. The purpose, basis, period, and recipients of the 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 a Customer decides to make a purchase in the Online Store and chooses personal collection of the purchased Product instead of courier delivery, their personal data will be processed to fulfill the Sales Agreement, but will no longer be shared with the carrier executing deliveries on behalf of the Administrator.
3.2. The Administrator may process personal data within the Online Store for the following purposes, on the grounds and for the periods specified in the table below:
Purpose of data processing |
Legal basis for data processing |
Data retention period |
Performance of the Sales Agreement or the agreement for the provision of Electronic Services or taking actions at the request of the data subject prior to entering into the above-mentioned agreements |
Article 6(1)(b) of the GDPR (performance of a contract) – processing is necessary for the performance of a contract to which the data subject is a party or to take actions at the request of the data subject prior to entering into a contract |
Data is retained for the period necessary to perform, terminate, or otherwise expire the concluded Sales Agreement or the agreement for the provision of Electronic Services. |
Direct marketing |
Article 6(1)(f) of the GDPR (legitimate interest of the data controller) – processing is necessary for purposes arising from the legitimate interests of the Controller – consisting of taking care of the interests and good image of the Controller, its Online Store, and striving for the sale of Products |
Data is stored for the duration of the legitimate interest pursued by the Controller, but no longer than the limitation period for claims of the Controller against the person to whom the data relates, due to the business activity conducted by the Controller. The limitation period is defined by law, in particular by the Civil Code (the basic limitation period for claims related to business activity is three years, and for Sales Agreements two years). The Controller may not process data for direct marketing purposes if a valid objection is raised in this regard by the person to whom the data relates. |
Marketing |
Article 6(1)(a) of the GDPR (consent) – the person to whom the data relates has given consent to the processing of their personal data for marketing purposes by the Controller |
Data is stored until consent is withdrawn by the person to whom the data relates for further processing of their data for this purpose. |
Customer's expression of opinion on the concluded Sales Agreement |
Article 6(1)(a) of the GDPR – the person to whom the data relates has given consent to the processing of their personal data for the purpose of expressing an opinion |
Data is stored until consent is withdrawn by the person to whom the data relates for further processing of their data for this purpose. |
Maintaining accounting records |
Article 6(1)(c) of the GDPR in conjunction with Article 74(2) of the Accounting Act of January 30, 2018 (Journal of Laws of 2018, item 395, as amended) – processing is necessary to fulfill a legal obligation imposed on the Controller |
Data is stored for the period required by the law mandating the Controller to maintain accounting records (5 years, counting from the beginning of the year following the financial year to which the data relates). |
Establishing, pursuing, or defending claims that the Controller may raise or that may be raised against the Controller |
Article 6(1)(f) of the GDPR (legitimate interest of the data controller) – processing is necessary for purposes arising from the legitimate interests of the Controller – consisting of establishing, pursuing, or defending claims that the Controller may raise or that may be raised against the Controller |
Data is stored for the duration of the legitimate interest pursued by the Controller, but no longer than the limitation period for claims that may be raised against the Controller (the basic limitation period for claims against the Controller is six years). |
Using the Online Store and ensuring its proper functioning |
Article 6(1)(f) of the GDPR (legitimate interest of the administrator) – processing is necessary for the purposes arising from the legitimate interests of the Administrator – consisting of managing and maintaining the Online Store |
The data is stored for the duration of the legitimate interest pursued by the Administrator, but no longer than the limitation period for claims of the Administrator against the person to whom the data relates, due to the business activity conducted by the Administrator. The limitation period is defined by legal regulations, in particular the Civil Code (the basic limitation period for claims related to conducting business activity is three years, and for the Sales Agreement, two years). |
Conducting statistics and analyzing traffic in the Online Store |
Article 6(1)(f) of the GDPR (legitimate interest of the administrator) – processing is necessary for the purposes arising from the legitimate interests of the Administrator – consisting of conducting statistics and analyzing traffic in the Online Store to improve the functioning of the Online Store and increase the sales of Products |
The data is stored for the duration of the legitimate interest pursued by the Administrator, but no longer than the limitation period for claims of the Administrator against the person to whom the data relates, due to the business activity conducted by the Administrator. The limitation period is defined by legal regulations, in particular the Civil Code (the basic limitation period for claims related to conducting business activity is three years, and for the Sales Agreement, two years). |
4. DATA RECIPIENTS IN THE ONLINE STORE
4.1. For the proper functioning of the Online Store, including the execution of concluded Sales Agreements, it is necessary for the Administrator to use the services of external entities (such as software providers, couriers, or payment service providers). The Administrator only uses the services of such processing entities that provide sufficient guarantees for the implementation of appropriate technical and organizational measures, so that the processing meets the requirements of the GDPR and protects the rights of the individuals to whom the data relates.
4.2. The transfer of data by the Administrator does not occur in every case and not to all recipients or categories of recipients indicated in the privacy policy – the Administrator only transfers data when it is necessary to achieve a specific purpose of personal data processing and only to the extent necessary to achieve it.
4.3. Personal data of Users and Customers of the Online Store may be transferred to the following recipients or categories of recipients:
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carriers / forwarders / courier brokers / entities servicing the warehouse and/or the shipping process – in the case of a Client who uses the delivery method of the Product via postal shipment or courier shipment in the Online Store, the Administrator provides the collected personal data of the Client to the selected carrier, forwarder, or intermediary executing shipments on behalf of the Administrator, and if the shipment comes from an external warehouse – to the entity servicing the warehouse and/or the shipping process – to the extent necessary to carry out the delivery of the Product to the Client.
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entities handling electronic payments or payment cards – in the case of a Client who uses electronic payment methods or payment cards in the Online Store, the Administrator provides the collected personal data of the Client to the selected entity handling the above payments in the Online Store on behalf of the Administrator to the extent necessary to service the payment made by the Client.
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providers of opinion survey systems – in the case of a Client who has agreed to express an opinion on the concluded Sales Agreement, the Administrator provides the collected personal data of the Client to the selected entity delivering the opinion survey system for the concluded Sales Agreements in the Online Store on behalf of the Administrator to the extent necessary for the Client to express an opinion using the opinion survey system.
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providers of services supplying the Administrator with technical, IT, and organizational solutions that enable the Administrator to conduct business activities, including the Online Store and the Electronic Services provided through it (in particular, providers of computer software for running the Online Store, email and hosting providers, and providers of software for managing a company and providing technical support to the Administrator) – the Administrator provides the collected personal data of the Client to the selected provider acting on its behalf only in cases and to the extent necessary to achieve a specific data processing purpose compliant with this privacy policy.
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providers of accounting, legal, and advisory services providing the Administrator with accounting, legal, or advisory support (in particular, an accounting office, a law firm, or a debt collection company) – the Administrator provides the collected personal data of the Client to the selected provider acting on its behalf only in cases and to the extent necessary to achieve a specific data processing purpose compliant with this privacy policy.
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providers of social media plugins, scripts, and other similar tools placed on the Online Store's website that allow the browser of the visitor to the Online Store to download content from the providers of the mentioned plugins (e.g., logging in using login details for a social media service) and for this purpose transferring personal data of the visitor to those providers, including also:
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Facebook Ireland Ltd. – The Administrator uses social media plugins from Facebook (e.g., the Like button, Share, or login using Facebook credentials) on the Online Store's website and, as a result, collects and shares personal data of the User using the Online Store's website with Facebook Ireland Ltd. (4 Grand Canal Square, Grand Canal Harbour, Dublin 2 Ireland) to the extent and in accordance with the privacy policy available here: https://www.facebook.com/about/privacy/ (this data includes information about activities on the Online Store's website – including information about the device, visited sites, purchases, displayed ads, and how services are used – regardless of whether the User has a Facebook account and whether they are logged into Facebook).
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Google Ireland Limited - The Administrator uses plugins from Google.com on the Online Store's website and, as a result, collects and shares personal data of the User using the Online Store's website with Google.com (Gordon House, Barrow Street, Dublin 4, Ireland) to the extent and in accordance with the privacy policy available here: https://policies.google.com/privacy?hl=pl (this data includes information about activities on the Online Store's website – including information about the device, visited sites, purchases, displayed ads, and how services are used – regardless of whether the User has a Google account and whether they are logged into it).
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Pinterest Inc. – The Administrator uses social media plugins from Pinterest on the Online Store's website (e.g., sharing content from the Online Store on their profile on Pinterest) and, as a result, collects and shares personal data of the User using the Online Store's website with Pinterest Inc. (651 Brannan Street, San Francisco, CA 94107, USA) to the extent and in accordance with the privacy policy available here: https://policy.pinterest.com/en/privacy-policy).
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Twitter Inc. – The Administrator uses social media plugins from Twitter on the Online Store's website (e.g., sharing content from the Online Store on their profile on Twitter) and, as a result, collects and shares personal data of the User using the Online Store's website with Twitter Inc. (1355 Market Street, Suite 900, San Francisco, CA 94103 USA) to the extent and in accordance with the privacy policy available here: https://twitter.com/privacy
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5. PROFILING IN THE ONLINE STORE
5.1. The GDPR Regulation imposes an obligation on the Administrator 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 – essential information about the principles of such decision-making, as well as the significance and anticipated consequences of such processing for the person to whom the data relates. Keeping this in mind, the Administrator provides in this section of the privacy policy information regarding possible profiling.
5.2. The Administrator may use profiling in the Online Store for direct marketing purposes, but decisions made on its basis by the Administrator do not concern the conclusion or refusal to conclude the Sales Agreement or the possibility of using Electronic Services in the Online Store. The result of using profiling in the Online Store may be, for example, granting a discount to a given person, sending them a discount code, reminding them of unfinished purchases, sending a proposal for a Product that may correspond to the interests or preferences of that person, or proposing better conditions compared to the standard offer of the Online Store. Despite profiling, the individual freely decides whether they would like to take advantage of the discount received in this way or the better conditions and make a purchase in the Online Store.
5.3. Profiling in the Online Store involves the automated analysis or prediction of a given person's behavior on the Online Store's website, for example, by adding a specific Product to the cart, browsing a specific Product page in the Online Store, or analyzing the previous history of purchases made in the Online Store. A prerequisite for such profiling is that the Administrator possesses the personal data of the individual so that they can subsequently send them, for example, a discount code.
5.4. The person to whom the data pertains has the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning them or similarly significantly affects them.
6. RIGHTS OF THE PERSON TO WHOM THE DATA PERTAINS
6.1. Right of access, rectification, restriction, deletion, or transfer – the person to whom the data pertains has the right to request from the Administrator access to their personal data, rectification, deletion (“the right to be forgotten”) or restriction of processing, and has the right to object to processing, as well as the right to transfer their data. The detailed conditions for exercising the aforementioned rights are specified in Articles 15-21 of the GDPR Regulation.
6.2. Right to withdraw consent at any time – the person whose data is processed by the Administrator based on expressed consent (under 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 based on consent before its withdrawal.
6.3. Right to lodge a complaint with a supervisory authority – the person whose data is processed by the Administrator has the right to lodge a complaint with a supervisory authority in the manner and procedure specified in the provisions of the GDPR Regulation and Polish law, particularly the Personal Data Protection Act. The supervisory authority in Poland is the President of the Personal Data Protection Office.
6.4. Right to object – the person to whom the data pertains has the right to object at any time – for reasons related to their specific situation – to the processing of their personal data based on Article 6(1)(e) (public interest or tasks) or (f) (legitimate interests of the administrator), including profiling based on these provisions. In such a case, the administrator may no longer process this personal data unless they demonstrate the existence of compelling legitimate grounds for the processing that override the interests, rights, and freedoms of the data subject, or grounds for establishing, pursuing, or defending claims.
6.5. Right to object to direct marketing – if personal data are processed for the purposes of direct marketing, the person to whom the data pertains has the right to object at any time to the processing of their personal data for such marketing purposes, including profiling, to the extent that the processing is related to such direct marketing.
6.6. In order to exercise the rights mentioned in this point of the privacy policy, one can contact the Administrator by sending a relevant message in writing or by email to the address of the Administrator indicated in the introduction to the privacy policy or by using the contact form available on the Online Store's website.
7. COOKIES IN THE ONLINE STORE AND ANALYTICS
7.1. Cookies are small text files sent by the server and stored on the side of the person visiting the Online Store's website (e.g., on the hard drive of a computer, laptop, or on the memory card of a smartphone – depending on the device used by the visitor to our Online Store). Detailed information about cookies and their history can be found, among others, here: https://pl.wikipedia.org/wiki/HTTP_cookie.
7.2. Cookies that may be sent by the Online Store's website can be divided into different types according to the following criteria:
Due to their provider: 1) own (created by the Administrator's Online Store) and 2) belonging to third parties (other than the Administrator) |
Due to their storage period on the device of the person visiting the Online Store's website: 1) session (stored until logging out of the Online Store or closing the web browser) and 2) permanent (stored for a specified time, defined by the parameters of each file or until manually deleted) |
Due to the purpose of their use: : 1) necessary (enabling the proper functioning of the Online Store website), 2) functional/preferential (allowing the customization of the Online Store website to the preferences of the person visiting the site), 3) analytical and performance (collecting information about how the Online Store website is used), 4) marketing, advertising, and social (collecting information about the person visiting the Online Store website to display personalized ads to that person and carry out other marketing activities, including on websites other than the Online Store website, such as social media portals) |
7.3. The Administrator may process data contained in Cookies while visitors use the Online Store website for the following specific purposes:
Purposes of using Cookies in the Administrator's Online Store |
identifying Users as logged in to the Online Store and showing that they are logged in (necessary Cookies) |
remembering Products added to the cart for placing an Order (necessary Cookies) |
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remembering data from completed Order Forms, surveys, or login data for the Online Store (necessary and/or functional/preferential Cookies) |
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customizing the content of the Online Store website to the individual preferences of the User (e.g., regarding colors, font size, layout) and optimizing the use of the Online Store website (functional/preferential Cookies) |
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conducting anonymous statistics representing how the Online Store website is used (analytical and performance Cookies) |
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remarketing, i.e., studying the behavioral characteristics of visitors to the Online Store through anonymous analysis of their activities (e.g., repeated visits to specific pages, keywords, etc.) to create their profile and deliver ads tailored to their anticipated interests, even when they visit other websites in the advertising network of Google Ireland Ltd. and Facebook Ireland Ltd. (marketing, advertising, and social Cookies) |
7.4. Checking in the most popular web browsers what Cookies (including the duration of Cookies and their provider) are currently being sent by the Online Store website is possible in the following way:
In Chrome browser: (1) click on the padlock icon on the left side of the address bar, (2) go to the “Cookies” tab. |
In Firefox browser: (1) click on the shield icon on the left side of the address bar, (2) go to the “Allowed” or “Blocked” tab, (3) click the “Cookies tracking between sites” box, “Social media tracking elements” or “Content with tracking elements” |
In Internet Explorer: (1) click the "Tools" menu, (2) go to the "Internet Options" tab, (3) go to the "General" tab, (4) go to the "Settings" tab, (5) click the "View files" box |
In Opera: (1) in the address bar click the padlock icon on the left, (2) go to the "Cookies" tab. |
In Safari: (1) click the "Preferences" menu, (2) go to the "Privacy" tab, (3) click the "Manage website data" box |
Regardless of the browser, using tools available for example on the site: https://www.cookiemetrix.com/ or: https://www.cookie-checker.com/ |
7.5. By default, most web browsers available on the market accept the saving of cookies. Everyone has the option to specify the conditions for using cookies through the settings of their own web browser. This means that one can for example partially restrict (e.g., temporarily) or completely disable the ability to save cookies - in the latter case, however, this may affect some functionalities of the Online Store (for example, it may become impossible to proceed through the Order path via the Order Form due to the failure to remember Products in the cart during subsequent steps of placing an Order).
7.6. The settings of the web browser regarding cookies are important from the perspective of consent to the use of cookies by our Online Store - according to the regulations, such consent can also be expressed through the settings of the web browser. Detailed information on changing cookie settings and self-deleting them 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 respective link):
7.7. 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 maintain statistics and analyze traffic in the Online Store. The collected data is processed within the framework of the above services to generate statistics helpful in administering the Online Store and analyzing traffic in the Online Store. This data is aggregated. By using the above services in the Online Store, the Administrator collects data such as the sources and medium of acquiring visitors to the Online Store, as well as their behavior on the Online Store's website, information about the devices and browsers from which the website is visited, IP and domain, geographical data, and demographic data (age, gender) and interests.
7.8. It is possible for a person to easily block sharing information about their activity on the Online Store's website with Google Analytics – for this purpose, one can, for example, install a browser add-on provided by Google Ireland Ltd. available here: https://tools.google.com/dlpage/gaoptout?hl=en.
7.9. 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 measure the effectiveness of advertisements and learn about the actions taken by visitors to the Online Store, as well as display targeted ads to those individuals. Detailed information about the operation of the Facebook Pixel can be found at the following web address: https://www.facebook.com/business/help/742478679120153?helpref=page_content.
7.10. Managing the operation of the Facebook Pixel is possible through the ad settings in your account on Facebook.com: https://www.facebook.com/ads/preferences/?entry_product=ad_settings_screen.
8. FINAL PROVISIONS
8.1. The Online Store may contain links to other websites. The Administrator encourages you to read the privacy policy established there after moving to other sites. This privacy policy applies only to the Administrator's Online Store.