Privacy policy and cookies
of the website www.smartive.app

Definitions

1. Personal data controller / Website Administrator / – Smartive.app sp. z o.o. with its registered office in Kielce, ul. Piotrkowska 12, 25-510, Poland, entered in the National Court Register by the District Court in Kielce, 10th Business Department of the National Court Register, with the reference number KRS 0000781911, Tax Identification Number (NIP) 9592022938, Statistical Business Identification Number (REGON) 383100710, share capital: PLN 10 000.00.

2. Personal data – any information concerning an identified or identifiable natural person.

3. Website – the website placed in the Internet domain www.smartive.app.

4. User – a natural person with full legal capacity, a natural person running a business, a legal entity or an organizational unit not having legal personality, which uses the Services provided on the Website;

5. Services – services provided by the Website Administrator to Website Users electronically within the meaning of the provisions of the Act of 18 July 2002 on the Provision of Services by Electronic Means (Journal of Laws No. 144, item 1204, as amended);

6. Act on the Provision of Services by Electronic Means – the Act of 18 July 2002 on the Provision of Services by Electronic Means (Journal of Laws No. 144, item 1204, as amended);

General information

This document sets out the principles of the Privacy Policy on www.smartive.app. The Website Administrator is Smartive.app sp. z o.o. with its registered office in Kielce, ul. Piotrkowska 12, 25-510, Poland, entered in the National Court Register by the District Court in Kielce, 10th Business Department of the National Court Register, with the reference number KRS 0000781911, Tax Identification Number (NIP) 9592022938, Statistical Business Identification Number (REGON) 383100710, share capital: PLN 10 000.00. The Website Administrator is also the Personal Data Controller.

The personal data collected by the Website Administrator is processed in accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council (EU) of 27/04/2016 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) (OJ EU L 119, p. 1), hereinafter called the GDPR. 

The Personal Data Controller makes every effort to protect privacy and the information provided to it, concerning the users of the Website. The Controller selects and uses appropriate technical measures with due care, including programming and organizational ones, to ensure the protection of the data processed, in particular it safeguards the data against being made available to unauthorized persons, disclosed, lost and destroyed, unauthorized modification, as well as being processed in violation of the applicable laws.

Children under 16 years of age do not have the possibility of using the services available on the Website. The Personal Data Controller does not envisage collecting any data concerning children under 16 years of age on purpose.

Personal data

Purposes of and legal grounds for the processing of personal data

The Personal Data Controller processes your personal data for the following purposes and to the following extent:

• to provide the services available on the Website, i.e. browsing the Website pages, a content search engine, we process the information and data which you voluntarily enter into the Website’s forms and the personal data concerning your activity on the Website, i.e. data concerning the content or services which you browse, data concerning your device session, operating system, browser, location and unique ID, the IP address;
• for the purposes of statistics on the use of the individual functionalities available on the Website, the data provided in the enquiry form, to facilitate the use of the Website and to ensure the information security of the Website, we process the personal data concerning your activity on the Website and the amount of time spent on each subpage of the Website, your browsing history, location, IP address, device ID, data concerning your web browser and operating system. The provision of certain data is a condition for using individual Services and functionalities (obligatory data). Our system marks the obligatory data automatically. If this data is not provided, we are unable to provide specific Services and functionalities. Except for the data marked as obligatory, the provision of other personal data is optional;
• to establish, exercise and enforce legal claims and to defend against legal claims in proceedings before courts and other enforcement authorities, we may process the personal data you provided when ordering services and other data necessary to prove the existence of a claim or data which arises from a legal requirement, court order or other legal procedure;
• to deal with complaints and requests and to answer the Users’ questions, we process the personal data you provide in complaints and requests or to answer questions asked in a different form and certain personal data which you provide, as well as data concerning our Services being the reason for a complaint or request and data contained in the documents enclosed with complaints and requests;
• to market our Services and our partners’ services, including remarketing, we process the data concerning your activity on the Website, including the activities which are recorded and stored via cookies, in particular the history of activities, services ordered, browsing history, clicks on the Website, the history and your activity related to our communications with you. In the case of remarketing, we use the data about your activity to reach you with our marketing messages outside the Website and we use the services of external providers for this purpose. These services consist of displaying our messages on websites other than the Website. Detailed information about this topic can be found in the Cookie Information;
• for the purposes of market research and opinion polls carried out by us or our partners, i.e. information about services, the data you provided when using the services, e-mail address. We do not use data collected as part of market research and opinion polls for advertising purposes. Detailed instructions are given in the information about a given questionnaire or in the place in which you enter your data.

Categories of relevant personal data

The Personal Data Controller processes the following categories of relevant personal data:

• contact details;
• data concerning activity on the Website;
• data concerning complaints and requests;
• data concerning marketing services.

Freedom to provide personal data

The provision of the required personal data by you is voluntary and is a condition for the provision of services by the Personal Data Controller via the Website.

Duration of data processing

Personal data will be processed for the period necessary to process orders, provide services, carry out marketing activities and render other services to a User. Personal data will be deleted in the following cases:

• when the data subject requests that it be deleted or withdraws their consent;
• when the data subject is not active for more than 10 years (an inactive contact);
• on being informed that the data stored is out of date or inaccurate.

Certain data with regard to e-mail address, name and surname, may be stored for another 3 years for evidence-related purposes, dealing with complaints and legal claims related to the services provided by the Website – this data will not be used for marketing purposes.

Data concerning the Users is stored for a period corresponding to the life cycle of the cookies saved on devices or until they are deleted from a User’s device by the User.

Your personal data concerning your preferences, behaviour and selection of marketing content may be used as a basis for making automated decisions to determine the sales opportunities of the Website.

Recipients of personal data

We provide your personal data to the following categories of recipients:

• State authorities, e.g. the prosecutor’s office, Police, GIODO (General Inspectorate for Personal Data Protection), President of UOKiK (Office of Competition and Consumer Protection) on their request;
• providers of the services we use to run the Website.

Data subject’s rights

Under the GDPR you have the right to:

• request access to their personal data;
• request the rectification of their personal data;
• request the erasure of their personal data;
• request restriction of processing of personal data;
• object to the processing of personal data;
• request the portability of personal data.

To exercise the rights, it is necessary for the data subject to submit a request to the email address: rodo@smartive.app. Requests are subject to registration for archival (evidential) purposes, possible establishment, investigation or defence against claims on the basis of Smartive.app's legitimate interest - legal basis: article 6(1)(f) RODO and are stored for a period of 3 years from the date of submission with effect at the end of the calendar year in which this period expires. Requests made verbally will be acknowledged by means of a service note, which is subject to entry in the Register of Requests.

The Personal Data Controller, without undue delay – and, in any event, within a month of receiving a request – will provide you with information about the measures taken in connection with your request.

Lodging a complaint with a supervisory authority

If you consider that the processing of your personal data is in breach of the GDPR, you have the right to lodge a complaint with a supervisory authority, in the Member State of your habitual residence, your place of work or place where the alleged breach occurred.

In Poland, the supervisory authority within the meaning of the GDPR is the Inspector General for the Protection of Personal Data (GIODO).

General information

When browsing the Website’s web pages, cookies are used, hereinafter called Cookies which are small text files that are stored on your terminal equipment in connection with the use of the Website. They are used to improve the functioning of the Website’s web pages.

These files allow you to identify the software you use and to adapt the Website individually to your needs.

Cookies usually contain the name of the domain from which they come, the period of their storage on the device and the value assigned to them.

Safety

The cookies we use are safe for your devices. Viruses or other unwanted software or malware cannot enter your devices via Cookies.

Types of cookies

We use two types of cookies:

• session cookies: these are stored on your device, and they remain there until a given browser’s session ends. The information saved is then deleted permanently from the memory of your device. The session cookies mechanism does not allow any personal data or any confidential information to be collected from your device;
• persistent cookies: these are stored on your device, and they remain there until they are cancelled. They are not deleted from your device, when a given browser’s session ends, or your device is switched off. The persistent cookies mechanism does not allow any personal data or any confidential information to be collected from your device.

Purposes

We also use third parties’ cookies for the following purpose:

• preparation of statistics – which help us to understand the way in which Users use the Website, which makes it possible to improve its structure and contents via the analytical tools Google Analytics – by Google Inc., with its registered office in the USA.

To learn about the rules of using cookies, we suggest that you read the privacy policies of the third-party companies.

Cookies may be used by advertising networks, particularly the Google network, to display advertisements tailored to your preferences. For this purpose, information about the way you get about the network or the time of use of a website may be stored.

To browse and edit the information about your preferences, collected by the Google advertising network, you may use the tool provided at the following link  https://www.google.com/ads/preferences/.

By using your web browser settings or by means of service configuration, you can change your cookie settings on your own and at any time, determining the terms of their storage and of cookies gaining access to your device. You can change these settings to block the automatic handling of cookies in your web browser settings or to inform about each time they are placed on your device. Detailed information about the possibility and methods of handling cookies is available in your software (web browser) settings.

Data protection

Smartive.app makes every effort to ensure effective protection of the personal data processed. Personal data transmitted from the website to the smartive.app server is secured by an encrypted SSL connection.

Responsibilities

Smartive.app is committed to applying the principles described in this Privacy Policy to guarantee the confidentiality of the users of the website.

The Administrator reserves the right to amend this Privacy Policy in the event of changes in the technology by which personal data are processed, as well as in the event of changes in the methods, purposes, or legal basis for the processing of personal data and due to: new laws, new guidelines of authorities responsible for supervising personal data protection processes. This document will be published on www.smartive.app.

This document shall not constitute the basis for any claims made against smartive.app, insofar as such claims do not arise from the legal provisions in force in the Republic of Poland.