Privacy Policy

I. About Privacy Policy

1. This privacy policy (hereinafter referred to as the "Privacy Policy") sets out issues related to the processing of personal data in connection with the use of the website available under the domain www.elfisanta.com (hereinafter referred to as "the Website") provided by the administrator by electronic means in order to provide services on the principles set out in the Regulation.

2. Pursuant to 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 Regulation on data protection; hereinafter referred to as "GDPR"), the Privacy Policy informs about the principles of personal data processing and the principles of protecting the privacy of persons using the Website.

3. The entity managing and administering the Website is Piotr Zielawski, who runs a business under the name SANTA Piotr Zielawski with a permanent place of business in Nieporęt (Poland), 05-126, at Rejtana Street 12, entered into the central register and information on business activity, NIP: 5361633278, REGON: 147121184 (hereinafter referred to as "Santa").

II. Personal data processing by Santa

1. Santa is the administrator of personal data of the following categories of people:

• a. persons who have registered an account on the Website
• b. people who have registered an account on the website people, who order Santa's services in the form of a letter from St. Nicholas or a video or phone call from Santa or a personalized calendar via the Website (hereinafter "Customers")

• c. persons who have added a comment or opinion on the Website regarding the Website or services provided by Santa
• d. persons who have agreed to receive information sent electronically to the e-mail address provided, containing commercial information and demonstrative information related to Santa's activity (hereinafter referred to as "Newsletter")
• e. persons who sent a message via the contact form available on the Website
• f. people who are recipients of letters, videos or phone calls from Santa or personalized calendars ordered by the Customer via the website (hereinafter referred to as "Recipients")

2. Persons who are recipients of letters from Santa Claus or videos from Santa Claus or personalized calendars, ordered by the Customer through the Website (hereinafter referred to as "Addressees").

3. Contact with Santa is possible also in writing – to the address:

4. Elfi Santa
House A, 1st floor
Edisonstraße 63, Berlin, 12459, Germany
or electronically – to the following e-mail address: [email protected]

5. Santa appointed a data protection officer (“DPO”) who you can contact in all matters regarding personal data by writing to the following address:
Elfi Santa
House A, 1st floor
Edisonstraße 63, Berlin, 12459, Germany
or electronically – to the following e-mail address: [email protected]

6. The persons whose personal data are processed by Santa will not be taken in an automated manner, including as a result of profiling.

7. Personal data processed by Santa may be disclosed to the following entities: Santa employees and associates, IT service providers, hosting providers, entities providing advisory, legal and accounting services.

8. Personal data processed by Santa may be disclosed to entities and bodies authorized to process this data on the basis of legal provisions.

9. Santa does not intend to transfer personal data it processes to countries outside the European Economic Area or international organizations.

III. Personal data of people who registered an account on the Website

1. Santa processes the following personal data of persons who have registered an account on the Website: name, surname, e-mail address.

2. Personal data of persons who have registered an account on the Website are processed in order to:

• conclusion and performance between the person who registered the account on the Website and Santa the contract for the provision of the service consisting of registration and maintenance of the account on the Website, on the conditions set out in the Regulations, including consideration of complaints, as well as for contact and information purposes - pursuant to art. 6 clause 1 letter b) GDPR, i.e. processing is necessary to perform the contract or to take action at the request of the data subject before the conclusion of the contract

3. Establishing, investigating or defending against possible claims between the person who registered the account on the Website and Santa - pursuant to art. 6 clause 1 letter f) GDPR, i.e. on the basis of a legitimate interest pursued by Santa, which is the possibility of pursuing claims or defending against claims.

4. Providing personal data of the person who registered the account on the Website is voluntary, however, providing personal data in the field of name, surname, e-mail address is necessary to conclude and perform the contract for the provision of services in the form of registration and maintenance of the account on the Website (failure to provide personal data results in the inability to conclude and perform the above agreement).

5. Personal data will be processed for the period necessary to achieve the purposes for which the data are processed (see point 12) or until an objection is lodged (if the basis for processing is the legitimate interest of Santa) - depending on which of the events occurs earlier.

6. Later, Santa will keep them until any claims are barred.

IV. Customers' personal data

1. Santa processes the following personal data of clients: name, surname, e-mail address, home address.

2. Customer’s personal data are processed in order to:

• conclusion and performance of a service contract between the Customer and Santa, under the conditions set out in the Regulations, including in particular the performance of the order placed by the Customer, consideration of complaints, as well as for contact and information purposes - pursuant to art. 6 clause 1 letter b) GDPR, i.e. processing is necessary to perform the contract or to take action at the request of the data subject before the conclusion of the contract
• marketing of Santa's own products and services - pursuant to art. 6 clause 1 letter f) GDPR, i.e. based on the legitimate interest pursued by Santa, which is direct marketing of its products and services
• making tax settlements and keeping accounting records - pursuant to art. 6 clause 1 letter c) GDPR, i.e. data processing is necessary to comply with Santa's legal obligations arising from tax law and accounting regulations
• establishing, investigating or defending against possible claims between the Customer and Santa - pursuant to art. 6 clause 1 letter f) GDPR, i.e. on the basis of a legitimate interest pursued by Santa, which is the possibility of pursuing claims or defending against claims.

3. Providing the Customer's personal data is voluntary, however, providing personal data in the field of name, surname, e-mail address, residence address is necessary to conclude and perform the contract for the provision of services in the form of a letter from Santa Claus or video from Santa Claus, and providing personal data in the field of name, surname, email address is necessary to conclude and perform the contract for the provision of services in the form of a personalized calendar (failure to provide personal data results in the inability to conclude and perform the above contracts).

4. Personal data will be processed for the period necessary to achieve the purposes for which the data is processed (see point 17) or until an objection is lodged (if the basis for processing is the legitimate interest of Santa) - depending on which event occurs first.

5. Later, Santa will store them until any claims expire or until the obligation to store data resulting from legal provisions (e.g. tax law) expires - whichever occurs later.

V. Personal data of people who have added a comment or opinion on the Website

1. Santa processes the following personal data of people who have added a comment or opinion on the Website or services provided by Santa: email address, name and surname, city. 2. Personal data of persons who have added a comment or opinion on the Website regarding the Website or services provided by Santa are processed in order to:

• conclusion and performance between a person who has added a comment or opinion on the Website and Santa a contract for the provision of services consisting in enabling the addition of a comment or opinion on the Website, under the conditions set out in the Regulations - pursuant to art. 6 clause 1 letter b) GDPR, i.e. processing is necessary to perform the contract or to take action at the request of the data subject before the conclusion of the contract
• establishing, investigating or defending against possible claims between the person who added a comment or opinion on the Website and Santa - pursuant to art. 6 clause 1 letter f) GDPR, i.e. on the basis of a legitimate interest pursued by Santa, which is the possibility of pursuing claims or defending against claims.

3. Providing personal data of the person who added a comment or opinion on the Website is voluntary, however, providing personal data in the field of name and email address is necessary to place a comment or opinion on the Website (failure to provide personal data results in the inability to post a comment or opinion on the Website).

4. Personal data will be processed for the period necessary to achieve the purposes for which the data are processed (see point 22) or until an objection is lodged (if the basis for processing is the legitimate interest of Santa) - depending on which event occurs first.

5. Later, Santa will keep them until any claims are barred.

VI. Personal data of people who have agreed to receive the Newsletter

1. Santa processes the following personal data of people who have agreed to receive the Newsletter: name, email address.

2. Personal data of persons who have agreed to receive the Newsletter are processed in order to:

• sending the Newsletter to the email address provided - pursuant to art. 6 clause 1 letter a) GDPR, i.e. on the basis of your voluntary consent to send the Newsletter
• marketing of Santa's own services and products - pursuant to art. 6 clause 1 letter a) GDPR, i.e. based on your voluntary consent to the processing of your personal data for the marketing of Santa's services and products

3. Establishing, investigating or defending against possible claims between the subject of personal data and Santa - pursuant to art. 6 clause 1 letter f) GDPR, i.e. on the basis of a legitimate interest pursued by Santa, which is the possibility of pursuing claims or defending against claims.

4. Providing personal data is voluntary, however, providing personal data in terms of name and email address is necessary to receive the ordered Newsletter (failure to provide data results in the inability to receive the Newsletter).

5. Personal data will be processed for the period necessary to achieve the purposes for which the data are processed (see point 27) or until an objection is lodged (if the basis for processing is the legitimate interest of Santa) or until the consent is withdrawn (if the basis for processing is given consent) - depending on which event occurs earlier.

6. Later, Santa will keep them until any claims are barred.

VII. Personal data of people who used the contact form

1. Santa processes the following personal data of persons who have sent a message to Santa via the contact form available on the Website: name, surname, e-mail address.

2. Personal data of persons who sent a message to Santa via the contact form available on the Website are processed in order to:

• communication with this person in connection with the message sent by him via the contact form - pursuant to art. 6 clause 1 letter f) GDPR, i.e. on the basis of a legitimate interest pursued by Santa, which is communication with the person who initiated contact with Santa, in particular, Santa's response to the message sent to Santa

3. Establishing, investigating or defending against possible claims between the subject of personal data and Santa - pursuant to art. 6 clause 1 letter f) GDPR, i.e. on the basis of a legitimate interest pursued by Santa, which is the possibility of pursuing claims or defending against claims.

4. Providing personal data by a person who uses the contact form is voluntary, however, providing personal data in the field of name, e-mail address is necessary to send a message via the contact form (failure to provide personal data in the field of name, e-mail address). mail, resulting in Santa being unable to respond to the message you sent.)

5. Personal data will be processed until the end of communication with the person who sent the message to Santa via the contact form or until an objection is lodged - whichever occurs first. 6. Later, Santa will keep them until any claims are barred.

VIII. Recipients’ personal data

1. Personal data of the addressees of letters from Santa Claus or videos from Santa Claus. Santa or personalized calendars ordered by the customer are given to Santa by the customer to perform the service ordered for such an addressee.

2. Santa processes the following personal data:

• Addressees of the service in the form of a letter from Santa Claus: name, surname, correspondence address, age
• Service recipients in the form of a video from Santa Claus: name
• Service recipients in the form of a personalized calendar: name, surname, photo, age.

3. Personal data of addressees who are of legal age are processed in order to:

• performance of the contract for the provision of services concluded between Customers and Santa and implemented for the benefit of the Addressee, under the conditions set out in the Regulations, including in particular the creation and delivery of the product ordered by the Customer to the Addressee (letter or video from Santa Claus) - pursuant to art.  6 clause 1 letter f) GDPR, i.e. on the basis of a legitimate interest pursued by Santa, which is the performance of a contract for the provision of services concluded between the Customer and Santa (creation and delivery of the ordered product to the Recipient)
• establishing, investigating or defending against possible claims between the Addressee and Santa and the Customer and Santa - pursuant to art. 6 clause 1 letter f) GDPR, i.e. on the basis of a legitimate interest pursued by Santa, which is the possibility of pursuing claims or defending against claims.

4. Personal data of addressees who are not of legal age are processed in order to:

• performance of the contract for the provision of services concluded between the Customer and Santa and carried out for the benefit of the Addressee, under the conditions set out in the Regulations, including in particular the creation and delivery of the product ordered by the Customer to the Customer (letter or video from Santa Claus) - based on art. 6 clause 1 letter a) GDPR, i.e. consent given voluntarily by the legal representative of the minor Addressee
• establishing, investigating or defending against possible claims between the Addressee and Santa and the Customer and Santa - pursuant to art. 6 clause 1 letter f) GDPR, i.e. on the basis of a legitimate interest pursued by Santa, which is the possibility of pursuing claims or defending against claims.

5. Personal data will be processed for the period necessary to achieve the purposes for which the data is processed (see relevant point 38 or 39) or until an objection is lodged (if the basis for processing is the legitimate interest of Santa) or until the consent is withdrawn (if the basis consent is given) - depending on which of the events occurs earlier.

6. Later, Santa will keep them until any claims are barred.

IX. Rights of persons whose data are processed by Santa

1. The person whose personal data is processed by Santa is entitled to:

• the right to access your personal data
• the right to demand their rectification
• the right to request their removal
• the right to request restriction of their processing
• the right to transfer personal data, i.e. to receive personal data from Santa in a structured, commonly used machine-readable format. The data subject may request Santa to send his personal data provided to Santa, to another administrator
• to the extent that the basis for the processing of personal data is consent, the person whose personal data is processed has the right to withdraw it. Withdrawal of consent does not affect the lawfulness of the processing that was applied on the basis of consent before its withdrawal
• to the extent that the basis for the processing of personal data is the premise of the legitimate interest of Santa, the person whose personal data is processed has the right to object to the processing of his personal data.

2. In order to exercise the above rights, please contact Santa or the data protection officer using the contact details indicated above.

3. How to request changes to personal data?

A user who wishes to modify their personal data can contact us by sending an email to: [email protected]. The email should include:

• Full name,
• Email address used during registration and/or account creation,
• Description of the request, depending on the case. For example:
  • "I request access to my personal data in accordance with GDPR" - for data access requests,
  • "I request rectification of my personal data in accordance with GDPR" - for data correction requests (indicate the data to be changed/corrected),
  • "I request deletion of my personal data in accordance with GDPR" - for data deletion requests,
  • "I request limitation of the processing of my personal data in accordance with GDPR" - for processing limitation requests (specify the scope of limitation).

You can also contact our Data Protection Officer by sending an email to: [email protected].
Additional contact details can be found above – see Chapter II, points 4 and 5.

4. In addition, the person whose personal data is processed has the right to lodge a complaint to the supervisory body dealing with personal data protection (the President of the Office for Personal Data Protection), if he thinks that the processing of data violates the GDPR.

X. Use of files as part of the Website

1. Cookies are small text infromation in the form of text files send by the server and saved on the side of the person using the Website. Detailed infromation on Cookies can be found here: https://support.google.com/chrome/answer/95647

2. Santa uses the following types of Cookies:

Necessary Cookies – files necessary to enable people to use the functionality of the Website. To use some of the Website’s functionalities. It is necessary to use such Cookies.

•  performance Cookies), files that collect information about how people use the Website, i.e.  -      `i18next` –  the language for the language library in JS  & `remember`- for remembering login sessions
• `tracking` –  for the purpose of remebering, input from tracking websites
• `saved-order` –  saving the order e. `video-like_1...6` – memorizing voting on video `cookie` –  remembering the fillings of the form
• partnerów external partners such as Facebook, other social media and partner networks (external websites provide cookies)

3. Santa may process the data of persons using the Website contained in Cookies for the following purposes:

• identification of persons using the Website
• remembering form fillings
• remembering video voting     
• remembering the login session
• remembering the order 
• remembering entries from tracking sessions
• displaying the Newsletter

4. Most web browsers accept saving cookies by default. It is possible to specify the conditions for the use of cookies using web browser settings. You can partially limit or completely disable the option of saving Cookies - if you completely disable this option, it may affect some of the Website's functionalities.

5. The web browser settings for cookies are important from the point of view of consent to the use of cookies by Santa (files that do not contain personal data) - in accordance with the law, such consent may also be expressed through the settings of the web browser. In the absence of such consent, it is possible to change the web browser settings in the field of cookies accordingly. 6. Detailed information on changing the settings for Cookies and their self-removal in web browsers is available in the help section of the web browser that the person is using.

XI. Change of the Privacy Policy

• Santa is entitled to change the Privacy Policy if at least one of the important reasons indicated in the following catalog occurs:
• a change in applicable law that governs Santa's operations
• the need to adjust the content of the Privacy Policy to applicable law or the need to make editorial changes to the Privacy Policy
• a change in the way the Website is operated, which will be due to objective and independent reasons of a technological or technical nature
• a change in the terms of use of the Website, not worsening the situation of persons using the Website compared to the previous ones
• the need to update Santa data indicated in the Privacy Policy.