3. Purposes and grounds for processing personal data.
In order to provide services in accordance with the business profile, the Administrator processes Your personal data – for various purposes, but always in accordance with the law. The personal data provided will be processed in accordance with 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), abbreviated as GDPR. We obtain personal data from You in the process leading to the conclusion of the contract or from our partners, if You have given such consent. Below You will find the specific purposes of personal data processing along with the legal grounds.
In addition to the above, the main grounds for processing are based on the following principles:
– we process personal data of visitors to our websites on the basis of the legitimate interest of the data controller, e.g. by adjusting the displayed advertisements, or on the basis of consent in the event that we have asked the data subject for such consent;
– the law requires us to process certain personal data for tax and accounting purposes and we are obliged to process this data for a period of at least 7 years (income tax).
A.In order to evaluate the delivery, service, reservation of the service and performance of the delivery, service, as well as in the case of concluding other contracts related to the business profile, and taking into account the conclusion of such an agreement (including, among others, acceptance and performance of the order, potential complaints), we can process personal data such as:
- First name and last name
- Address (street, house / flat number, zip code and city)
- Mobile Phone number;
- E-mail address;
- Company data along with the NIP number (in the case of issuing a VAT invoice for the enterprise);
- Basic bank account details to confirm the transfer;
- ID number / PESEL number;
- Other data necessary to assess the financial security of the transaction
The legal basis for such data processing is Art. 6.1b GDPR, which allows the processing of personal data if they are necessary to perform the contract or take steps to conclude a contract. In accordance with the legal requirements, the controller may ask You to confirm that You have read the basic scope of information on the protection of personal data.
B. In order to personalize the service according to the user’s personal preferences and to manage the relationship with the Customer before, during and after the service, we process personal data such as:
- First name and last name
- Phone number
- E-mail adress
C. In order to issue an invoice and fulfill other obligations resulting from the provisions of tax law, such as, for example, keeping accounting documentation for min. 7 years, we process personal data such as:
- First name and last name
- Business
- Residence address or registered office address
- Shipping address (if different from the company’s address)
- Phone number
- Number NIP (Vat id)
- PESEL number (if required)
- As well as other data as required by law
The legal basis for such data processing is Art. 6.1c GDPR, which allows the processing of personal data, if such processing is necessary for the Personal Data Administrator to fulfill its obligations under the law;
1.In order to test satisfaction with the services offered, to audit, improve and modify our services, we process personal data such as:
- E-mail addres
- First name and last name
- Customer comments or suggestions
The legal basis for such data processing is Art. 6.1f GDPR, which allows the processing of personal data, if in this way the Personal Data Administrator carries out its legitimate interest (in this case, the Administrator’s interest is to know the opinions of Customers about the services provided in order to adapt them to the needs and expectations of interested parties);
E. In order to create registers and records related to the GDPR, including, for example, the register of Customers who objected in accordance with the GDPR, we process such personal data, such as:
- E-mail addres
- First name and last name
The provisions of the GDPR impose certain documentation obligations on us to demonstrate compliance and accountability. If, for example, You object to the processing of Your personal data for marketing purposes, we need to know who not to use direct marketing.
The legal basis for such data processing is Art. 6.1c GDPR, which allows the processing of personal data, if such processing is necessary for the Personal Data Administrator to fulfill its obligations under the law (provisions contained in the GDPR); and art. 6.1f GDPR, which allows the processing of personal data, if in this way the Personal Data Administrator implements his legitimate interest (in this case, the Administrator’s interest is to have knowledge about people who exercise their rights under the GDPR);
F. In order to establish, investigate or defend against claims, we process personal data such as:
- Name and surname (if the surname was provided) or company name
- Residence address (if provided)
- PESEL number or NIP number (if provided)
- E-mail address;
- And also other data, if their indication is necessary for the above purpose
The legal basis for such data processing is Art. 6.1f GDPR, which allows the processing of personal data, if in this way the Personal Data Administrator implements its legitimate interest (in this case, the Administrator’s interest is to have personal data that will allow to establish, pursue or defend against claims, including Clients and third parties);
G. For analytical purposes, i.e. research and analysis of activity on the website belonging to the Administrator, we process personal data such as:
- Date and time of visiting the website
- Operating system type
- Approximate location
- Type of web browser used to view the website
- Time spent on the site
- Subpages visited
The legal basis for such data processing is Art. 6.1f GDPR, which allows the processing of personal data, if in this way the Personal Data Administrator implements its legitimate interest (in this case, the Administrator’s interest is to know the activity of Customers on the website);
H. In order to use cookies on the website, we process such text information (cookies will be described in a separate section).
The legal basis for such processing is Art. 6.1a GDPR, which allows the processing of personal data on the basis of a voluntarily granted consent (the first time You enter the website, You will be asked for consent to use cookies)
I. In order to consider the complaint, we process personal data such as:
- First name and last name
- Address (street, house / flat number, zip code and city)
- Phone number
- E-mail address;
- Possibly the bank account number – if the money is refunded
The legal basis for such data processing is Art. 6.1b GDPR, which allows the processing of personal data if they are necessary to perform the contract or take steps to conclude a contract;
4.Cookies and other data related to the use of e-services or electronic access.
Natural persons visiting the Administrator’s websites or using the services provided by the Administrator by electronic means, hereinafter collectively referred to as “Websites”, have control over the personal data they provide to us. The websites limit the collection and use of information about their users to the minimum necessary to provide them with services (e.g. newsletter) at the desired level, pursuant to art. 18 of the Act of July 18, 2002 on the provision of electronic services.
1. The administrator on his website, like other entities, uses the so-called cookies, i.e. short text information saved on a computer, phone, tablet or other user’s device. They can be read by our system, as well as by systems belonging to other entities whose services we use (e.g. Facebook, Google).
2. Cookies perform many functions on the website, most often useful, which we will try to describe below (if the information is insufficient, please contact us):
- Ensuring security – cookies are used to authenticate users and prevent unauthorized use of the Customer panel. Therefore, they are used to protect the user’s personal data against unauthorized access;
- Impact on the processes and efficiency of using the website – cookies are used to ensure that the website works efficiently and that You can use the functions available on it, which is possible, among other things, by remembering the settings between subsequent visits to the website. Thanks to them, You can efficiently navigate the website and individual subpages;
- Session status – cookies often contain information on how visitors use the website, e.g. which subpages are displayed most often. They also make it possible to identify errors displayed on some subpages. Cookies used to save the so-called “Session state” therefore help to improve services and increase the browsing experience;
- Maintaining the session status – if the Client logs in to his panel, cookies enable the session to be maintained. This means that after switching to another subpage, You do not have to re-enter Your login and password each time, which contributes to the comfort of using the website
- Creating statistics – cookies are used to analyze how users use the website (how many people open the website, how long they stay on it, which content is of greatest interest, etc.). Thanks to this, it is possible to constantly improve the website and adapt its operation to the preferences of users. In order to track activity and create statistics, we use Google tools, such as Google Analytics; in addition to reporting website usage statistics, pixel Google Analytics may also be used, together with some of the cookies described above, to help display more relevant content to the user in Google services (e.g. in the Google search engine) and throughout the web
- Use of social functions – on the website we have the so-called Facebook pixel, which allows You to like our fanpage on this website while using the website. However, to do this, we must use cookies provided by Facebook
The above includes: monitoring traffic on our websites, collecting anonymous, aggregate statistics that allow us to understand how users use our website and enable us to constantly improve our products, determining the number of anonymous users of our websites. Needed to analyze the use of websites, controlling how often the selected content is shown to users, controlling how often users choose a given service, researching subscriptions to the newsletter, using the system of personalized recommendations for e-commerce, using a communication tool, integration with the community portal, online payments.
3. Your web browser allows the use of cookies on Your device by default, therefore, during the first visit, please consent to the use of cookies. However, if You do not wish to use cookies when browsing the website, You can change the settings in Your web browser – completely block the automatic handling of cookies or request notification each time cookies are placed on the device. The settings can be changed at any time.
4. While respecting the autonomy of all people using the website, we feel obliged to inform You that disabling or limiting the use of cookies may cause quite serious difficulties in using the website, e.g. in the form of having to log in to each subpage, a longer loading period page, restrictions on the use of functionalities, restrictions on liking the page on Facebook, etc.
5. We collect information on the use of the Website by its users and their IP addresses based on the analysis of access logs. We use this information to diagnose problems related to the operation of the server, to analyze possible security breaches and to manage the website. The IP address is also used by us for statistical purposes, i.e. to collect and analyze demographic data of website visitors (e.g. information about the region from which the connection was made). On the basis of the information obtained in the above-mentioned manner, in special cases, collective, general statistical summaries are prepared, which are disclosed to third parties cooperating with us. They usually include information about the website viewership. However, as we emphasize, these statements do not contain any data allowing the identification (determination of identity) of a given Website user.
We would also like to inform You that we may be required to disclose information regarding the IP number of a given Website user at the request of authorized – on the basis of applicable legal provisions – state authorities in connection with their proceedings.
5.The right to withdraw consent.
- 1.If the processing of personal data is based on consent, You may withdraw this consent at any time.
- 2.If You would like to withdraw Your consent to the processing of personal data, please follow the instructions in point 11 subsection
- 3.If Your personal data was processed on the basis of consent, its withdrawal does not mean that the processing of personal data is at that moment it was illegal. In other words, until the consent is withdrawn, we have the right to process Your personal data and its revocation does not affect the lawfulness of the current processing.
- 4.We cannot delete data necessary for the fulfillment of tax obligations and processed on the basis of accounting regulations, for the period necessary for these purposes.
- In the event of a request to delete the necessary data.
6. The requirement to provide personal data.
- 1.Providing any personal data is voluntary and depends on Your decision. However, in some cases, providing certain personal data is necessary to meet Your expectations regarding the use of services.
- 2.To order a service to order a delivery to the Administrator, it is necessary to provide the data indicated in point 3 A of this privacy policy.
- 3.In order for You to be able to receive an invoice for services, it is necessary to provide all the data required by tax law – without this, we are not able to properly issue an invoice.
- 4.4.In order to be able to contact You by phone or electronically in matters related to the delivery / service, it is necessary to provide a telephone number and e-mail address – without this, we are not able to make contact by phone.
7. Automated decision making and profiling.
We would like to kindly inform You that we do not make automated decisions, including those based on profiling.
8. Recipients of personal data.
1.Like most entrepreneurs, we use the help of other entities in our activities, which often involves the necessity to provide personal data. In connection with the above, if necessary, we provide Your personal data to the lawyers who provide services to us, an accounting company, a hosting company, a company responsible for sending SMS and newsletters (e-mail).
2.In addition, it may happen that, for example, on the basis of an appropriate legal provision or a decision of a competent authority, we will also have to transfer Your personal data to other authorities or entities.
3.For the purpose of a more detailed explanation, we indicate that the recipients of the data may be:
- Above entities processing personal data under contracts for entrusting the processing of personal data (so-called processors)
- Entities providing hosting services to the Administrator
- Entities implementing marketing or sales campaigns for the Administrator
- Other subcontractors providing services in the field of software delivery, software or hardware maintenance services used by the Administrator, as well as suppliers of goods or services that we use
- Entities providing services in the field of survey research, including post-sale research (Customer satisfaction)
- Debt collection companies (but we provide personal data only to the extent that it is actually necessary to achieve a given purpose)
- Auditors and statutory auditors, legal advisers, tax advisers
- Law enforcement authorities, regulatory authorities and other public administration bodies (in the latter two cases, we provide data only if and only to the extent that it is actually necessary and required under mandatory provisions of law and in a manner consistent with these provisions )
10. The period of personal data processing.
1.In accordance with applicable law, we do not process Your personal data “indefinitely”, but for the time that is needed to achieve the set goal. After this period, Your personal data will be irretrievably deleted or destroyed.
2.Regarding individual periods of personal data processing, we kindly inform You that we process personal data for the period of:
- The duration of the contract – in relation to personal data processed for the conclusion and performance of the contract
- 3 years or 10 years + 1 year – in relation to personal data processed for the purpose of establishing, investigating or defending claims (the length of the period depends on whether both parties are entrepreneurs or not)
- 6 months – in relation to personal data that were collected in the valuation of the service, and at the same time the contract was not concluded immediately
- Min. 7 years – in relation to personal data related to the fulfillment of obligations under tax law
- Until the consent is withdrawn or the purpose of processing is achieved
- Until the objection is effectively raised or the purpose of processing is achieved, but not longer than for 5 years – in relation to personal data processed on the basis of the legitimate interest of the Personal Data Administrator or for marketing purposes
- Until they become obsolete or lose their usefulness, but no longer than for 3 years – in relation to personal data processed mainly for analytical purposes, the use of cookies and website administration
3. We count the periods in years from the end of the year in which we started processing personal data in order to improve the process of deleting or destroying personal data. Separate calculation of the deadline for each concluded contract would entail significant organizational and technical difficulties, as well as a significant financial outlay, therefore establishing one date for the removal or destruction of personal data allows us to manage this process more efficiently. Of course, if You exercise Your right to be forgotten, such situations are considered individually.
4. An additional year related to the processing of personal data collected for the performance of the contract is dictated by the fact that You can hypothetically submit a claim a moment before the expiry of the limitation period, the request may be delivered with a significant delay or You may incorrectly specify the limitation period for Your claim.
11. Rights of data subjects.
1. We kindly inform You that You have the right to:
- Access to Your personal data
- Rectification of personal data
- Deletion of personal data
- Restrictions on the processing of personal data
- Object to the processing of personal data
- To be forgotten in the event that other legal provisions allow it
- Receiving a copy of the data
- Transferring personal data
2. We respect Your rights under the provisions on the protection of personal data and we try to facilitate their implementation as much as possible.
3. We point out that the above-mentioned rights are not absolute, and therefore we may legally refuse You to comply with them in certain situations.However, if we refuse to accept the request, it is only after careful analysis and only if the refusal to accept the request is necessary.
4. Regarding the right to object, we explain that You have the right to object to the processing of Your personal data at any time on the basis of the legitimate interest of the Personal Data Administrator (they are listed in point III) in connection with Your particular situation. However, You must remember that in accordance with the provisions, we may refuse to take into account the objection if we prove that: there are legitimate grounds for processing that override Your interests, rights and freedoms, or there are grounds for establishing, investigating or defense of claims.
5. In addition, You can object to the processing of Your personal data for marketing purposes at any time. In such a situation, after receiving the objection, we will stop processing for this purpose.
6. You can exercise Your rights in the following way:
Send an e-mail in accordance with point 2 of this document or send such a request to the Administrator’s address in accordance with point 1 of this document; or hand it over in person at the company’s headquarters in accordance with point 1 of this document.
12.Right to lodge a complaint.
If You believe that Your personal data is processed contrary to the applicable law, You may lodge a complaint with the President of the Personal Data Protection Office.
13.Final Provisions.
2.The Administrator reserves the right to make changes to this Privacy Policy, with the proviso that the version applicable at the time of booking the service shall apply to services performed before the amendment to the Privacy Policy.
3.Information about the change in the Privacy Policy will be published on the Administrator’s website: www.larkfactor.com 14 calendar days before the changes come into force.
4.This Privacy Policy applies from March 17, 2021.
