Website Privacy Policy

https://smsklima.pl/

1. Definitions

Whenever the following capitalized terms are used in this document, they shall be understood as follows:

• Administrator – the administrator of personal data, who is responsible for this Website and the functionalities made available through it, as well as the services provided unrelated to the Website. SMSKLIMA Sp. z o. o. with its registered office
  in Dębowa Góra 59A (96 – 116) entered into the Register of Entrepreneurs maintained by the District Court for Łódź-Śródmieście in Łódź, XX Commercial Division of the National Court Register under the KRS number 0000477851, REGON number 101665260 and NIP number 8361858263.
• Contact Form – a functionality of the Website through which you can contact the Service Provider for purposes other than recruitment;
• Recruitment Form – a functionality of the Website through which you can express your willingness to cooperate with the Service Provider or entities cooperating with it, including by sending an e-mail to the hyperlink indicated on the Website, which opens the possibility of sending a message to the e-mail address indicated therein;
• Personal Data – information about an identified or identifiable natural person, to whom the data relates, i.e. one who can be identified directly or indirectly, in particular on the basis of a feature such as: name and surname, identification number, location data, internet identifier or one or more features defining the physical, physiological, genetic, mental, economic, cultural or social identity of the natural person.
• Privacy Policy – this document;
• GDPR – 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
• Service – all functionalities of the website operated by the Service Provider at https://smsklima.pl/
• Service Provider – SMSKLIMA Sp. z o. o. with its registered office in Dębowa Góra 59A (96 – 116) entered into the Register of Entrepreneurs maintained by the District Court for Łódź-Śródmieście in Łódź, XX Commercial Division of the National Court Register under the KRS number 0000477851, REGON number 101665260 and NIP number 8361858263.
• User – a natural person who uses the functionality of the Service and provides his/her personal data for this purpose

2. General provisions

1. This document defines the principles of processing and protection of personal data of Service Users.
2. The Administrator of the Personal Data of the Users (data subjects) of the Website is SMSKLIMA Sp. z o. o. with its registered office in Dębowa Góra 59A (96 – 116) entered into the Register of Entrepreneurs maintained by the District Court for Łódź-Śródmieście in Łódź, XX Commercial Division of the National Court Register under the KRS number 0000477851, REGON number 101665260 and NIP number 8361858263.
3. The Administrator processes Personal Data of data subjects in accordance with applicable regulations, in particular Polish law and 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.
4. Processing, within the meaning of the Privacy Policy, means an operation or set of operations performed on Personal Data or sets of Personal Data in an automated or non-automated manner, such as collecting, recording, organizing, structuring, storing, adapting or modifying, downloading, browsing.
5. The Administrator has not appointed a personal data protection officer.

3. Scope and purpose of collected data

1. Personal Data are processed by the Administrator within the Service in order to enable the use of the Service’s functionalities, including automatically when using the Service, i.e. in order to:
   1. Using the Contact Form;
   2. Using the Recruitment Form;
   3. efficient management and operation of the Website and ensuring the safety of its use, including the detection of abuse and carrying out analyses;
   4. fulfilling the obligations of the Service Provider, in particular complaints regarding the functioning of the Website;
   5. preparing and presenting advertisements and offers tailored to the interests and needs of persons whose Personal Data relates to and receiving commercial information,
   6. in order to publish content within the functionality of the Service and in messages sent to the User.

2. For the purposes of:
   1. Sending a request using the Contact Form – the following Personal Data are processed: name and surname, e-mail address, telephone number, IP address, cookies;
   2. Sending an application using the Recruitment Form – the following Personal Data are processed: name and surname, e-mail address, telephone number, gender, employment history, residential or business address, IP address, cookies and other data necessary for the proper conduct of the recruitment process provided by the Service Provider on the Website or during contact with the User;
   3. fulfilling the obligations of the Service Provider, in particular complaints regarding the functioning of the Website – the following Personal Data are processed: name, surname, e-mail or telephone number, IP address, cookies;

4. Legal basis for processing Personal Data

The legal basis for the processing of Personal Data is:

1. the consent of the person whose Personal Data is being processed – whereby Personal Data relating to children is only processed if the child is over 16 years of age;
2. necessity to fulfil a legal obligation incumbent on the Service Provider;
3. legitimate interests pursued by the Service Provider or by a third party or other interests pursued in connection with the functionality of the Service, provided that this basis for processing Personal Data does not apply to children.

5. Period of processing of Personal Data

Personal Data collected on the Website will be stored:

1. for the purposes of handling notifications within the Contact Form – for a period of 3 months from the User sending Personal Data using this functionality, provided that in the case of using the Contact Form to submit a complaint or other claims, such data will be processed until the case is closed (the complaint or claim is settled), and in the case of disputed claims – no shorter than until the final conclusion of court proceedings, and in the event that such proceedings are not initiated – no shorter than until the expiry of the limitation period for claims;
2. for the purposes of handling the recruitment process as part of the Recruitment Form – for a period of 6 months from the User sending Personal Data using this functionality, and in the event of employment between the Service Provider and the User, such data will be processed for the entire period of employment and for the period required by generally applicable legal provisions regarding the obligation to archive data and documents related to the employee’s employment;

In the remaining scope, justified by the purposes of processing, Personal Data will be stored for as long as there is a legal basis for their processing, unless the applicable provisions of law require a longer period of their storage, e.g. for use in proceedings concerning the functioning of the Service. In particular, the data will be processed for the period in which claims related to the contract resulting from the applicable provisions of law may be revealed. At the end of the storage period, personal data will be deleted or anonymized.

6. Voluntary provision of Personal Data

Providing Personal Data on the Website is voluntary, but necessary to implement one or more of the purposes of processing Personal Data defined in §3 sec. 1 and 2 of this Security Policy, which the Service Provider will not be able to implement in the event of failure to provide Personal Data on the Website, respectively for one or more of the purposes defined in §3 sec. 1 and 2 above.

7. Profiling of Personal Data

The Administrator analyzes Personal Data in an automated manner using tools provided by software providers (e.g. using statistics, history) only to the extent that does not produce any legal effects for the User or similarly significantly affects the User's situation, including rights or freedoms. The purpose of data processing in an automated manner is to learn about Users' preferences using the analytical tools described in §8 of this policy.

In all other respects, Personal Data will not be processed in an automated manner.

8. Cookies

1. The Service Provider informs that when using the Website, Personal Data is also collected automatically in the system logs of the Website, through Cookies.
2. The Service Provider informs that from the moment the User connects to the Service, information about the number (including IP) and type of the User's terminal device from which the User connects to the Service appears in the Service's system logs. The Service Provider informs that, in accordance with the law, it also processes data regarding the number (including IP) and type of the User's terminal device, as well as the time of the User's connection to the Service and other operational data regarding the User's activity on the Service. The described data are processed for technical purposes to adapt the Service to the needs of Users and to collect general statistical information regarding the functioning of the Service.
3. The Service Provider uses Cookies to collect information related to the use of the Service by the User. Cookies are computer data, in particular small text files, saved and stored on devices through which the User uses the Service, which enable:
   1. adapting and optimizing the Service to the needs of Users,
   2. personalization of marketing messages,
   3. ensuring the security and reliability of the Service,
   4. collecting general and anonymous statistical data via analytical tools:
      • Google Analytics (cookie administrator: Google LLC based in the USA, 1600 Amphitheater Parkway, Mountain View, CA 94043);
      • Pixel Meta (cookie administrator: Meta Platform Ireland Limited with its registered office in Ireland, Merrion Road, Dublin 4 D04 X2K5 Ireland)

5. The Service uses two basic types of cookies: "session cookies" and "persistent cookies". "Session" cookies are temporary files that are stored on the User's end device until logging out, leaving the Website or disabling the software (web browser). "Persistent" cookies are stored on the User's end device for the time specified in the cookie parameters or until they are deleted by the User. The Service uses the following types of cookies:
   1. “essential” cookies, enabling the use of services available on the Website, e.g. authentication cookies used for services that require authentication on the Website;
   2. cookies used to ensure security, e.g. used to detect abuse of authentication within the Website;
   3. “performance” cookies, enabling the collection of information on how the Website is used;
   4. "functional" cookies, which enable "remembering" the settings selected by the User and personalising the User interface, e.g. in terms of the selected language or region from which the User comes, font size, appearance of the website, etc.;
   5. “advertising” cookies, enabling the provision of advertising content to Users that is more tailored to their interests.
6. The User may independently and at any time change the settings for Cookies, specifying the conditions for their storage and access by Cookies to the User's device.
7. The User may change the settings referred to in paragraph 5 above using the web browser settings or by configuring the service. These settings may be changed in particular in such a way as to block the automatic handling of Cookies in the web browser settings or to inform each time Cookies are placed on the User's device. Detailed information on the possibilities and methods of handling Cookies is available in the User's software (web browser) settings.
8. The User may delete Cookies at any time using the functions available in the web browser he or she is using.
9. Limiting the use of Cookies may affect some of the functionalities available on the Website.

9. Information regarding Google Analytics and Pixel Meta

1. The Service uses Google Analytics. This service allows for the analysis of the use of the website and regular improvement of its functionality in a way that allows the service to be tailored to the needs of Users. Data from Google Analytics are transferred to a third country, i.e. the United States of America. The terms of processing personal data via Google Analytics are currently being adapted to the provisions on the protection of personal data in the European Union in order to ensure compliance with the protection of personal data 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).
2. The User can prevent the recording of data collected by cookies regarding the use of the Website by Google, as well as the processing of this data by Google, by installing the browser plug-in located at the following address: https://tools.google.com/dlpage/gaoptout
3. Details regarding data processing within Google Analytics prepared by Google can be found at: https://support.google.com/analytics/answer/6004245
4. The Pixel Meta service may also be used within the Service to manage advertisements on Meta portals and conduct marketing activities. Pixel Meta is a piece of code published on a website that allows you to reach a target group based on the data of people who have used the website. As part of the Pixel Meta function, it is therefore possible to display published advertisements on portals belonging to Meta only to users of those portals who have shown interest in products or services.
5. Details regarding data processing within Pixel Meta can be found on the Meta Platforms Privacy Policy page located at: https://www.facebook.com/privacy/policy/

 10. Rights and obligations of the Service Provider

1. The Service Provider reserves the right to disclose selected Personal Data to competent authorities or third parties who submit a request for such information, based on an appropriate legal basis, in accordance with the provisions of applicable law.
2. The Service Provider declares that it entrusts the processing of Personal Data, on the basis of a written agreement concluded in accordance with applicable regulations, to entities providing the Service Provider with hosting, administration, maintenance and management services of the Website, as well as services in the field of message optimization and management of promotional campaigns.
3. The Service Provider declares that it entrusts the processing of the User's Personal Data to entities providing services to the Service Provider or directly to the User to the extent necessary to use the Service or its functionality, based on a written agreement concluded in accordance with applicable regulations. Users' Personal Data may be entrusted in particular to entities providing legal services, performing archiving and documentation destruction services, providing service and technical support for devices used by the Administrator, as well as providing IT services for the Administrator.

11. Processing of Personal Data by Processors

1. Processors within the meaning of the Privacy Policy are entities referred to in §10 sections 2 and 3 of this Security Policy, which process Personal Data on behalf of the Service Provider.
2. The Processor is authorized and has the right to process Personal Data only for the purposes and to the extent specified in the Privacy Policy.
3. Personal Data may be processed only in Poland, a Member State of the European Union (EU) or a signatory to the Agreement on the European Economic Area (EEA).
4. The Processor processes the entrusted Personal Data in accordance with applicable legal provisions, in particular the Processor:
   1. applies technical and organizational measures required by law, in particular regarding the security of Personal Data processing.
   2. applies measures to ensure: i) the ability to continuously ensure the confidentiality, integrity, availability and resilience of processing systems and services; ii) the ability to promptly restore the availability and access to personal data in the event of a physical or technical incident; iii) regular testing, measuring and assessing the effectiveness of technical and organisational measures to ensure the security of processing.
   3. applies Personal Data security measures at a level no lower than that used by the Service Provider.
5. The Processor may change, delete or block the Personal Data being processed only at the request of the Data Controller. If the person whose Personal Data is being processed requests the Processor directly to change or delete their Personal Data, the Processor shall immediately, no later than 5 business days, forward such a request to the Service Provider.
6. The Processor should not process Personal Data for any purpose other than the performance of the obligations set out in the Privacy Policy. The Processor may not disclose Personal Data to third parties.
7. The Processor is liable to the person whose Personal Data is processed for any damage that this person may suffer as a result of the Processor’s actions or omissions.

12. Rights and obligations of the person whose Personal Data is being processed

1. Every User has the right to:
   1. access to your Personal Data, the right to rectify it, delete it and the right to request the restriction of its processing.
   2. object to the processing of Personal Data, withdraw consent to the processing of Personal Data for one or more purposes for which it was granted, at any time without affecting the lawfulness of the processing carried out on the basis of consent before its withdrawal, as well as the right to transfer your Personal Data.
2. In order to exercise the rights referred to in paragraph 1 letter a) above, please send an e-mail to the following address: kontakt@smsklima.pl , or submit the request in writing to the address of the Service Provider: SMSKLIMA sp. z o. o., Dębowa Góra 59A, 96-116 Dębowa Góra.
3. In order to exercise the rights referred to in paragraph 1 letter b) above, please send an e-mail to the following address: kontakt@smsklima.pl by entering the word "objection" or "withdrawal of consent" in the title or by describing your request in the body of the message and informing about the objection or withdrawal of consent, by clicking on the link causing the withdrawal of consent placed in the body of commercial information or by sending written information about the withdrawal of consent to receive commercial information to the address of the Service Provider indicated in §2 section 2 of this Security Policy.
4. If the User places any personal data of other people on the Website (including their name, address, telephone number or e-mail address), they may only do so provided that they do not violate applicable law and the personal rights of such people.
5. The User is entitled to use Personal Data and content made available by other people on the Website only in connection with the use of the Website and with their consent in a manner consistent with the provisions of applicable law, unless the User obtains the consent of these other people to process their Personal Data and their content within the scope or for the purpose provided for in the Privacy Policy and going beyond the use of the Website.
6. Every User has the right to lodge a complaint with the authority supervising the processing of Personal Data.

13. Protection of Personal Data

1. The Service Provider declares that it makes every effort to provide Users with a high level of security in the use of the Service and for this purpose:
   1. applies technical and organizational measures required by law, in particular regarding the security of Personal Data processing;
   2. applies measures to ensure: i) the ability to continuously ensure the confidentiality, integrity, availability and resilience of processing systems and services; ii) the ability to promptly restore the availability and access to Personal Data in the event of a physical or technical incident; iii) regular testing, measuring and assessing the effectiveness of technical and organisational measures to ensure the security of processing.

1. Any events affecting the security of information and data transmission, including suspicions of sharing files containing viruses and other files of a similar nature or files other than destructive mechanisms, should be reported to the Service Provider at the following e-mail address: kontakt@smsklima.pl

14. Final provisions

In matters not regulated in this Privacy Policy, the generally applicable provisions of law regulating the protection of personal data in the territory of the Republic of Poland shall apply, including in particular the provisions of the GDPR and the Act of 10 May 2018 on the protection of personal data.