Privacy Policy
Of the online store operated at https://b2b.mplenergy.pl/ and the website https://mplenergy.pl/
§1 General provisions
- This Privacy Policy (the "Policy") sets out the rules for processing the personal data of Customers and other persons using the online store available at https://b2b.mplenergy.pl (the "Online Store") and the website https://mplenergy.pl/, obtained in connection with account registration, the placing of orders, and the conclusion and performance of sales agreements.
- The Policy forms an integral part of the Online Store Terms and Conditions.
- The rules regarding cookies and the analytics and marketing tools using such files are governed by a separate Cookie Policy, available at:
- for the website: Cookie Policy,
- for the B2B store: available in the Online Store at https://b2b.mplenergy.pl.
§2 Data Controller
- The controller of personal data is MPL Energy sp. z o.o. with its registered office in Zabrze (41-807) at ul. Handlowa 13, entered into the register of entrepreneurs of the National Court Register kept by the District Court in Gliwice, 10th Commercial Division, under KRS number 0000365558, NIP: 6312620276, REGON: 241743065, share capital PLN 300,000.00 (the "Controller").
- The Controller may be contacted regarding the processing of personal data:
- by post to the registered office address indicated in section 1,
- by email: iodo@mplgroup.pl.
§3 Scope of personal data processed
For the purposes of registering an account in the Online Store and enabling the placing and fulfilment of orders, the Controller processes in particular the following data:
- first and last name of the person representing the Customer or the contact person,
- name (business name) of the Customer,
- registered office address and delivery address, if different from the registered office address,
- email address,
- telephone number,
- NIP and REGON number,
- other data necessary to issue an invoice or fulfil delivery, provided by the Customer in the registration or order form.
For the website https://mplenergy.pl/, the Controller does not collect personal data other than that processed automatically via cookies, as described in the Cookie Policy.
§4 Purposes and legal bases for processing
- Registration and maintenance of the Customer account - data is processed for the purpose of setting up and operating an account in the Online Store. The legal basis is the performance of the account agreement (Article 6(1)(b) GDPR), and with respect to data provided voluntarily beyond the required scope, consent (Article 6(1)(a) GDPR).
- Placing and fulfilling orders, concluding and performing sales agreements - data is processed for the purpose of accepting and fulfilling the order, including determining the terms of delivery and payment and contact with the Customer by the Seller. The legal basis is the performance of the sales agreement (Article 6(1)(b) GDPR).
- Tax and accounting obligations, including issuing a VAT invoice via KSeF - the legal basis is a legal obligation incumbent on the Controller (Article 6(1)(c) GDPR).
- Pursuing or defending against claims related to concluded agreements - the legal basis is the legitimate interest of the Controller (Article 6(1)(f) GDPR).
- Direct marketing and remarketing (including using the cookies described in §9 below and in the Cookie Policy) - the legal basis is the consent of the data subject (Article 6(1)(a) GDPR), given via the consent management mechanism (Cookiebot) described in the Cookie Policy.
- Direct marketing by electronic means (email) and by telephone - if the Customer gives separate, voluntary consent in the form on the website, the Controller may send commercial information by electronic means (email) and contact by telephone for marketing purposes. The legal basis is the consent of the data subject (Article 6(1)(a) GDPR).
§5 Voluntary provision of data
Providing personal data is voluntary but necessary to set up and use an account in the Online Store and to place and fulfil an order. Without providing the required data, the Controller is unable to issue an invoice or arrange delivery of the ordered goods.
Providing personal data for direct marketing purposes (by electronic means and by telephone) and processing data via analytics and marketing cookies is entirely voluntary and takes place solely on the basis of separate consent. Failure to give such consent or its withdrawal at any time does not affect the ability to use the Online Store, set up an account, or place and fulfil orders.
§6 Data retention period
- Data related to maintaining the Customer account is stored for the duration of its operation, until the account is deleted.
- Data related to placed orders and concluded sales agreements is stored for the period necessary for their fulfilment and then for the limitation period for claims arising from those agreements.
- Data necessary for tax and accounting purposes is stored for the period required by the applicable law.
- Data processed on the basis of consent (including marketing purposes) is stored until consent is withdrawn.
- Data necessary to pursue or defend against claims is stored until any claims become time-barred.
§7 Data recipients
Personal data may be shared with the following categories of recipients:
- hosting service providers (Netlify),
- the entity administering/technically operating the website and the Online Store, in particular IT and hosting companies,
- email service providers used by the Controller (Outlook, Gmail, Thunderbird),
- ERP software providers such as Symfonia,
- Google (with respect to the analytics and marketing tools described in §9 and in the Cookie Policy),
- Meta (with respect to the analytics and marketing tools described in §9 and in the Cookie Policy),
- courier companies delivering the ordered goods, in particular: Raben, DHL, GLS, InPost, UPS, Kuehne+Nagel,
- entities providing accounting, tax, or legal services to the Controller,
- marketing agencies within the scope described in §4(5),
- entities authorised to receive data under applicable law (e.g. law enforcement authorities, courts).
§8 Transfer of data outside the European Economic Area
- In connection with the Controller's use of Google tools (including Google Analytics 4, Google Ads) and Meta (Meta Pixel), data may be transferred to recipients located in the United States.
- Such transfer takes place on the basis of mechanisms compliant with the GDPR, in particular the recipient's participation in the EU-U.S. Data Privacy Framework, and to the extent this mechanism does not apply, on the basis of Standard Contractual Clauses (SCC) approved by the European Commission.
- The tools indicated in section 1 are activated only after the user gives the relevant consent via the consent management mechanism (Cookiebot) in accordance with the rules described in the Cookie Policy. Until consent is given, data is not transferred to the recipients indicated above.
- Detailed information on the safeguards applied can be obtained directly from the Controller at the address indicated in §2.
§9 Profiling in the online store
- As part of using the tools indicated in §7(4) and (5) (Google, Meta), data concerning the Customer's behaviour on the Online Store (e.g. pages visited, interactions, cart contents) may be subject to profiling in order to create audiences and display personalised advertising content (remarketing).
- The profiling referred to in section 1 does not produce legal effects concerning the Customer or similarly significantly affect them; it is limited to personalising the advertising content displayed.
- The legal basis for such processing is the Customer's consent given via the Cookiebot mechanism, described in detail in the Cookie Policy. Consent may be withdrawn at any time by changing the consent settings in that tool.
- The data subject has the right to object to the processing of their data for direct marketing purposes, including profiling for that purpose, in accordance with §10 below.
§10 Rights of data subjects
The data subject has the right to:
- access their personal data,
- rectification of data,
- erasure of data,
- restriction of processing,
- data portability to another controller,
- object to processing based on Article 6(1)(f) GDPR, including profiling for direct marketing purposes,
- withdraw consent at any time, without affecting the lawfulness of processing carried out before its withdrawal,
- lodge a complaint with the President of the Personal Data Protection Office.