TABLE OF CONTENTS:
- GENERAL PROVISIONS
- GROUNDS FOR DATA PROCESSING
- PURPOSE, BASIS AND DURATION OF DATA PROCESSING ON THE WEBSITE
- RECIPIENTS OF DATA ON THE WEBSITE
- PROFILING ON THE WEBSITE
- RIGHTS OF THE DATA SUBJECT
- COOKIES ON THE WEBSITE AND ANALYTICS
- FINAL PROVISIONS
- The Administrator of the personal data collected through the Website is SUPLIFT SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office in Kraków (registered office and correspondence address: ul. Zabawa 28/LU1, 30-653 Kraków, Poland), entered in the Register of Entrepreneurs of the National Court Register under number: 0000909031; the registration court where the company’s documentation is kept: District Court for Kraków – Śródmieście in Kraków, XI Economic Division of the National Court Register; share capital amounting to: 5000,00 PLN; TIN: 6793219534, Company ID: 389335791, e-mail address: firstname.lastname@example.org – hereinafter referred to as “Administrator” and being at the same time the Internet Service Provider.
- Personal data on the Website are processed by the Administrator in accordance with the applicable legal provisions, in particular in accordance with 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) – hereinafter referred to as “GDPR” or “GDPR Regulation“. Official text of the GDPR Regulation: https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32016R0679&from=PL
- The Administrator shall take particular care to protect the interests of persons to whom the personal data processed by him/her relate, and in particular he/she shall be responsible and ensure that the data collected by him/her are (1) processed lawfully; (2) collected for specified, legitimate purposes and not subject to further processing incompatible with those purposes; (3) substantively correct and adequate in relation to the purposes for which they are processed; (4) kept in a form which permits identification of data subjects for no longer than is necessary to achieve the purpose of processing; and (5) processed in a manner which ensures adequate security of personal data, including protection against unauthorised or unlawful processing and accidental loss, destruction or damage, by means of appropriate technical or organisational measures (e.g. SSL certificate, data encryption, access to the User Account only after providing the individual password).
- Taking into account the nature, scope, context and purposes of the processing and the risk of violation of the rights or freedoms of natural persons with different probability and severity of the threat, the Administrator implements appropriate technical and organisational measures to ensure that the processing is carried out in accordance with the GDPR Regulation and to be able to demonstrate this. These measures shall be reviewed and updated as necessary. The Administrator shall apply technical measures to prevent unauthorised persons from obtaining and modifying personal data transmitted electronically.
GROUNDS FOR DATA PROCESSING
- The Administrator is entitled to process personal data in cases where, and to the extent that, at least one of the following conditions is met: (1) the data subject has given his or her consent to the processing of his or her 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 in order to take steps at the request of the data subject prior to entering into a contract; (3) the processing is necessary for compliance with a legal obligation to which the Administrator is subject; or (4) 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 which require protection of personal data.
PURPOSE, BASIS AND DURATION OF DATA PROCESSING ON THE WEBSITE
Each time, the purpose, basis, period and recipients of the personal data processed by the Administrator result from the activities undertaken by the given User on the Website.
The Administrator may process personal data on the Website for the following purposes, on the following grounds and for the following period:
Purpose of data processing
Legal basis of data processing
Duration of data storage
Use of the Suplift.io Services available on the website
Article 6(1)(b) of the GDPR Regulation (contract) – processing is necessary for entering into and performing the contract for the use of the Suplift.io Services to which the data subject is a party, or for taking steps at the request of the data subject prior to entering into the contract
The data shall be stored for the period necessary for the performance, termination or expiration of the otherwise concluded contract with the Administrator.
Article 6(1)(f) of the GDPR Regulation (legitimate interest of the Administrator) – processing is necessary for the purposes arising from the Administrator’s legally justified interests – consisting in taking care of the interests and good image of the Administrator, its Website and striving to provide Suplift.io Services
The data are stored for the period of existence of the legally justified interest pursued by the Administrator, however, not longer than for the period of limitation of the Administrator’s claims against the data subject on account of the Administrator’s economic activity. The period of limitation shall be determined by law, in particular civil law (the basic limitation period for claims related to the running of a business activity is three years).
The Administrator shall not process data for the purposes of direct marketing in the case of an effective objection to this effect expressed by the data subject.
Running a newsletter
Article 6(1)(a) of the GDPR Regulation (consent) – the data subject has given consent for his/her personal data to be processed for marketing purposes by the Administrator
The data is stored until the data subject withdraws his/her consent to further processing of his/her data for these purposes.
Article 6(1)(c) of the GDPR Regulation in conjunction with Article 74(2) of the Accounting Act, i.e. of 30 January 2018. (Journal of Laws of 2018, item 395 as amended) – processing is necessary for the fulfilment of a legal obligation incumbent on the Administrator
The data are stored for the period required by legal regulations requiring the Administrator to keep accounting books (5 years, counting from the beginning of the year following the financial year to which the data refer).
Determining, asserting or defending claims which may be raised by the Administrator or which may be raised against the Administrator
Article 6(1)(f) of the GDPR Regulation (legitimate interest of the Administrator) – processing is necessary for the purposes deriving from the Administrator’s legitimate interests – consisting of determining, asserting or defending claims which may be raised by the Administrator or which may be raised against the Administrator
The data shall be stored for the period of existence of the legally justified interest pursued by the Administrator, however no longer than for the period of limitation of claims that may be raised against the Administrator (the basic limitation period for claims against the Administrator is six years).
Use of the Website page and ensuring its proper operation
Article 6(1)(f) of the GDPR Regulation (legitimate interest of the Administrator) – processing is necessary for the purposes resulting from the Administrator’s legally justified interests – consisting in running and maintaining the Website
The data shall be stored for the period of existence of the legally justified interest pursued by the Administrator, however, no longer than for the period within which the Administrator’s claims against the data subject by virtue of the Administrator’s economic activity are time-barred. The period of limitation shall be determined by law, in particular civil law (the basic limitation period for claims related to business activities is three yesrs).
Conducting statistics and analysis of traffic on the Website
Article 6(1)(f) of the GDPR Regulation (legitimate interest of the Administrator) – processing is necessary for purposes stemming from the Administrator’s legally justified interests – consisting in conducting statistics and analysis of traffic on the Website in order to improve functioning of the Website and increase reach of the provided Suplift.io Services
The data shall be stored for the period of existence of the legally justified interest pursued by the Administrator, however, no longer than for the period within which the Administrator’s claims against the data subject by virtue of the Administrator’s economic activity are time-barred. The period of limitation shall be determined by law, in particular civil law (the basic limitation period for claims related to business activities is three years).
RECIPIENTS OF DATA ON THE WEBSITE
- For the proper functioning of the Website, including the proper provision of the Suplift.io Services by the Administrator, it is necessary that the Administrator uses services of external entities (such as e.g. a software or server provider). The Administrator shall only use the services of such processors who provide sufficient guarantees to implement appropriate technical and organisational measures so that the processing meets the requirements of the GDPR Regulation and protects the rights of data subjects.
- Personal data of the Users of the Website may be transferred to the following recipients or categories of recipients:
- entities servicing electronic or credit card payments – in case of a User who purchases Subscription on the Website and uses electronic or credit card payments, the Administrator makes the collected personal data of the User available to the chosen entity servicing the aforementioned payments in the Website at the request of the Administrator to the extent necessary to handle the payment made by the User.
PROFILING ON THE WEBSITE
- The Administrator may use profiling on the Website for direct marketing purposes, but decisions taken on its basis by the Administrator shall not concern the conclusion or refusal of an agreement with the Administrator, or the possibility of using the Suplift.io Services on the Website. The effect of using profiling on the Website may be, for example, reminding about unfinished actions on the Website, granting a discount, sending a proposal for a service that may match the person’s interests or preferences or offering better conditions compared to the standard offer of the Website. Despite profiling, it is the person who decides freely whether he or she wishes to use e.g. a discount or an offer received by the Administrator in this way.
- Profiling in the Website consists in automatic analysis or forecast of a given person’s behaviour on the Website, e.g. through analysis of the previous history of activities undertaken in the Website. The condition of such profiling is that the Administrator has the personal data of the person concerned in order to be able to send him/her e.g. a discount or an offer.
- The data subject has the right not to be subject to a decision which is based solely on automated processing, including profiling, and produces legal effects concerning that person, or significantly affects him or her in a similar manner
RIGHTS OF THE DATA SUBJECT
- Right of access, rectification, restriction, erasure or portability – the data subject shall have the right to request from the Administrator access to his/her personal data, their rectification, erasure (“right to be forgotten”) or restriction of processing and shall have the right to object to the processing, as well as the right to portability of his/her data. The detailed conditions for exercising the rights indicated above are indicated in Articles 15-21 of the GDPR Regulation.
- Right to withdraw consent at any time – the person whose data are processed by the Administrator on the basis of expressed consent (pursuant to 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 legality of the processing performed on the basis of consent before its withdrawal.
- Right to lodge a complaint to a supervisory authority – the person whose data are processed by the Administrator has the right to lodge a complaint to a supervisory authority in the manner and mode specified in the provisions of the GDPR Regulation.
- Right to object – the data subject shall have the right to object at any time – on grounds relating to his/her particular situation – to the processing of personal data concerning him/her based on Article 6(1)(e) (public interest or tasks) or (f) (legitimate interest of the Administrator), including profiling under these provisions. The Administrator shall in that case no longer be permitted to process such personal data unless the Administrator demonstrates compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or grounds for the establishment, exercise or defence of claims.
- Right to object to direct marketing – where personal data are processed for the purposes of direct marketing, the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing, including profiling, insofar as the processing is related to such direct marketing.
COOKIES ON THE WEBSITE AND ANALYTICS
- Cookies are small pieces of information in the form of text files sent by a server and stored on the website visitor’s side (e.g. on the hard drive of a computer, laptop or smartphone memory card – depending on the device used by the website visitor). Detailed information on cookies, as well as the history of their creation can be found, among others, here: https://en.wikipedia.org/wiki/HTTP_cookie
- Cookies that may be sent by the Website can be divided into different types, according to the following criteria:
According to their provider:
1. own (created by the Administrator’s website) and
2. belonging to third parties (other than Administrator)
On account of their storage period on the device of a person visiting the website:
1. session (stored until logout from the Website or switching off the web browser) and
2. permanent (stored for a specified period of time, defined by the parameters of each file or until manual removal)
Due to the purpose of their use:
1. necessary (enabling proper functioning of the Website),
2. functional/preferential (enabling adjustment of the website to the visitor’s preferences),
3. analytical and efficiency (gathering information on the manner of using the website),
4. marketing, advertising and social networking (gathering information about the person visiting the Website in order to display personalised advertising to that person and to conduct other marketing activities, including on websites separate from the Website, such as social networking sites).
3. The Administrator may process the data contained in cookies when visitors use the Website for the following specific purposes:
Purposes of using cookies on the Administrator’s Website
To identify Users as logged in to the Website and to show that they are logged in (essential cookies)
memorizing data from filled forms, surveys or login data to the Website (necessary cookies and/or functional/preferential cookies)
adjusting the content of the Website to individual User preferences (e.g. concerning colours, font size, page layout) and optimisation of use of the Website’s pages (functional/preference cookies)
Conducting anonymous statistics presenting the manner of use of the Website’s pages (analytical and efficiency cookies)
displaying and rendering advertisements, limiting the number of advertisements displayed and ignoring advertisements which the User does not want to see, measuring the effectiveness of advertisements, as well as personalisation of advertisements, i.e. research into the behaviour of visitors to the Website through anonymous analysis of their actions (e.g. repeated visits to specific sites, keywords etc.) in order to create their profile and provide them with advertisements tailored to their predicted interests, also when they visit other websites in the advertising network of Google Ireland Ltd. and Facebook Ireland Ltd. (marketing, advertising and social networking cookies)
4. Checking in the most popular web browsers which cookies (including the duration of cookies and their provider) are being sent at a given moment by the Website is possible in the following way:
In the Chrome browser::
(1) in the address bar click on the padlock icon on the left, (2) go to the “Cookies” tab
In Firefox browser:
(1) in the address bar, click on the shield icon on the left, (2) go to the “Allowed” or “Blocked” tab, (3) click on the box “Tracking cookies between sites”, “Social network tracking elements” or “Content with tracking elements””
In Internet Explorer browser:
(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 the Opera browser:
(1) in the address bar click on the padlock icon on the left, (2) go to the “Cookies” tab
In the Safari browser:
(1) click on the “Preferences” menu, (2) go to the “Privacy” tab, (3) click on the “Manage site data” box
7. The Administrator may use Google Analytics and Universal Analytics services on the Website provided by Google Ireland Limited (Gordon House, Barrow Street, Dublin 4, Ireland). These services help the Administrator keep statistics and analyse traffic on the Website. The data collected are processed by the above services to generate statistics that help administer the Website and analyse Website traffic. The data are of an aggregate nature. The Administrator, using the above services in the Website, collects such data as sources and medium of obtaining persons visiting the Website and their behaviour on the Website, information on devices and browsers from which they visit the Website, IP and domain, geographical data and demographic data (age, gender) and interests.
8. It is possible for a person to easily block the release of information to Google Analytics about their activities on the Website – for this purpose, for example, you can install a browser add-on provided by Google Ireland Ltd. available here: https://tools.google.com/dlpage/gaoptout?hl=en.