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Privacy policy and cookies (Ethy Maps)

Privacy and Cookie Policy of the EthyMaps Service

Status as of August 31,  2020

  1. GENERAL INFORMATION
  1. This Privacy and Cookie Policy sets out the rules for the processing and protection of personal data, the use of cookies and other technologies in connection with the Users’ use of the EthyMaps Service via the Website and the Application.
  2. DEFINITIONS
    1. The capitalized terms used in the Privacy and Cookies Policy shall mean:
      1. Administrator or Service Provider – Ethy S.A., a joint-stock company with its registered office in Warsaw at ul. Bagno 2 appt. 205, 00-112 Warsaw, NIP (tax identification number): 5252760233, REGON (statistical number): 381045800, entered into the register of entrepreneurs of the National Court Register under the KRS number: 0000740280, e-mail address: hello@ethymaps.com;
      2. App – the mobile application called EthyMaps belonging to the Service Provider, installed on the User’s mobile device (phone or tablet) through which the EthyMaps Service can be accessed; the Application can be downloaded from the Google Play and Apple Store online application store;
      3. Account – the User’s account established by him on EthyMaps Service via the Website or in the Application on terms set out in the Terms and Conditions;
      4. Website – the website www.ethymaps.com and its subpages, run by the Service Provider, through which one can access the EthyMaps Service;
      5. Privacy and Cookies Policy – this privacy and cookies policy; the current version of the Privacy and Cookies Policy is available on the Website (www.ethymaps.com) or in the Application, at any time, in a form that allows it to be obtained, downloaded, saved on the hard drive of the device, played or printed;
      6. Terms and Conditions – terms and conditions of the EthyMaps Service; the current version of the Terms and Conditions is available on the Website (www.ethymaps.com) or in the Application, at any time, in a form that allows it to be obtained, downloaded, saved on the hard drive of the device, played or printed;
      7. GDPR – 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;
      8. EthyMaps Service – the EthyMaps service that can be accessed through the Application or Website;
      9. Services – services provided electronically to the Users by the Service Provider as part of the EthyMaps Service via the App or the Website, described in point 3 of the Terms and Conditions;
      10. User – a natural person with full legal capacity, a legal person or an organizational unit without legal personality that uses the EthyMaps Service;
      11. Unregistered User – a User who does not have a registered Account;
      12. Registered User  – a User who has a registered Account.
  3. PERSONAL DATA
    1. To the extent and for the purpose necessary to perform the Services offered through the EthyMaps Service, the Service Provider processes Users’ personal data. The Service Provider processes Users’ personal data also in order to investigate complaints and conduct any correspondence with the Users.
    2. Providing personal data is completely voluntary, but with regard to the Services available on the EthyMaps Service, such as the Account registration service and the newsletter, it is necessary to use them. Providing personal data is also necessary to consider the complaint and conduct all correspondence with the Users. This is important because, without some data, we cannot provide Services to the User – an example may be the need for an e-mail address to provide the Account Service.
    3. All personal data provided to the Service Provider by the User are processed in a manner consistent with the requirements set out in the GDPR and Polish law, and above all the Act of August 29, 1997 on the protection of personal data and the Act of July 18, 2002 on the provision of services by electronic means.
    4. The administrator of the User’s personal data within the meaning of the GDPR is the Administrator, who is also the Service Provider.
    5. You can contact the Administrator by sending an email to hello@ethymaps.com or by post to the Service Provider’s address.
    6. On terms set out in this Privacy and Cookies policy, the Administrator may process the following personal data of Users provided by the Users:
      1. personal data entered in the Account registration form via the Website or the App;
      2. personal data entered in the newsletter form;
      3. personal data entered when submitting a complaint or when conducting any other correspondence with the Service Provider.
    7. The Administrator processes Users’ personal data for the following purposes:
      1. conclusion and execution of a contract for the provision of Services on terms specified in the Terms and Conditions, in particular Account registration service via the Website and the Application (legal basis: Article 6 (1) b of the GDPR – performance of the contract); by completing the Account registration form, the User will be asked to consent to the processing of personal data, in accordance with the Act of August 29, 1997 on the protection of personal data (unified text: Journal of Laws of 2016, item 922);
      2. sending the User commercial and marketing information as part of the newsletter service (legal basis: Article 6 (1) (a) of the GDPR – consent of the User); data processing for this purpose takes place only with the User’s consent, which the User may express in the subscription form for the newsletter and may withdraw it at any time, in the manner specified in the Terms and Conditions;
      3. execution of obligations under the law on the Administrator, in particular in the field of accounting, issuing invoices and accounting documents, answering complaints and ensuring network security in accordance with applicable regulations (legal basis: Article 6 (1) (c) of the GDPR – legal obligation);
      4. establishing or pursuing possible claims or defending against such claims by the Administrator (legal basis: Article 6 (1) (f) of the GDPR – legitimate interest of the Administrator);
      5. fraud detection and prevention – conducting analyzes of Users’ activity in the EthyMaps Service, automatic detection of abuse and improper use of the EthyMaps Service (legal basis: Article 6 (1) (f) of the GDPR – legitimate interest of the Administrator);
      6. analytical and statistical – conducting analyzes of Users’ activity on the EthyMaps Service and the manner of using the Account, as well as their preferences in order to improve functionality (legal basis: Article 6 (1) (f) of the GDPR – legitimate interest of the Administrator);
      7. to the extent necessary to protect the vital interests of Users or other natural persons (legal basis: Article 6 (1) (d) of the GDPR – the interest of a person);
      8. performing tasks carried out in the public interest (legal basis: Article 6 (1) (e) of the GDPR – public interest), in particular in services used by emergency centers;
      9. internal administration of the Administrator, in particular maintaining the ICT infrastructure and internal reporting (legal basis: Article 6 (1) (f) of the GDPR – legitimate interest of the Administrator).
    8. The Service Provider may also collect and process the following data:
      1. location information, used by us to provide location-based services (searching for Objects); these data are collected based on the User’s consent (Article 6 (1) (a) of the GDPR); we do not create movement profiles based on these data; the consent may be withdrawn at any time by changing the setting of the final device of the App;
      2. data from web server logs, for example information about the User’s computer, such as IP address, operating system and browser type, used to administer the EthyMaps Service and analyze how Users use the Website; data is collected based on the legitimate interest of the Administrator (Article 6 (1) (f) of the GDPR);
      3. data on the manner of using the Website collected using cookies or other similar technologies stored on the User’s device; these data are processed based on the Administrator’s legitimate interest or the User’s consent (depending on the type of cookie file); the rules for collecting and processing cookies are described in point 4 below.
    9. Personal data may be transferred to:
      1. external entities cooperating with the Administrator in the provision of Services, in order to provide the functionalities of the Services, technical support and maintenance of the functionalities of the EthyMaps Service; all entities entrusted with the processing of personal data guarantee the use of appropriate data protection and security measures required by law.
      2. entities authorized to obtain them on the basis of applicable law, e.g. law enforcement authorities in the event of a request by the authority on an appropriate legal basis (e.g. for the purposes of pending criminal proceedings).
    10. The Application is available through platforms offered by so-called application stores (i.e. Google Play and Apple Store). Downloading the Application may involve prior registration in a given store. The Administrator has no influence on the processing of User data in connection with the registration and use of these application stores. The operator of the respective app store is solely responsible for this. If necessary, please contact the operator of the respective app store directly.
    11. Every User has:
      1. the right to access personal data concerning him, including obtaining a copy of the data;
      2. the right to request the correction of personal data concerning him or the supplementation of incomplete personal data;
      3. the right to request the removal or limitation of the processing of personal data concerning him;
      4. the right to request modification of personal data concerning him;
      5. the right to object to the processing of personal data, if they are processed in order to implement the legitimate interest of the Administrator;
      6. the right to lodge a complaint with the supervisory body dealing with the protection of personal data;
      7. the right to receive your data in a structured, commonly used format and to transfer them when processing is based on consent;
      8. in cases where data processing takes place on the basis of granted consent, the right to withdraw the granted consents at any time, but without affecting the lawfulness of processing before their withdrawal;
      9. the right to transfer personal data that the User provided to the Administrator, e.g. by receiving the User’s personal data from the Administrator, in a structured, commonly used format.
    12. The above rights can be exercised by sending an application to hello@ethymaps.com or by post to the Service Provider’s address, providing all necessary data enabling us to identify the data to which the application relates, as well as to authenticate the person submitting the application in order to confirm the right to submit such an application.
    13. We do not make decisions based on automated processing of personal data, nor do we profile personal data.
    14. The Administrator may transfer personal data outside the European Economic Area, because our service providers may store Users’ data outside the European Economic Area. In such cases, Users’ data may be stored in countries that provide an adequate level of personal data protection, or in countries that do not provide such a level. In the latter case, the Service Provider secures Users’ data through contracts containing the so-called Standard Contractual Clauses approved by the European Commission, which guarantee adequate protection of Users’ data in third countries. In addition, due to the fact that we use analytical tools such as Google Analytics and Facebook Pixel, the transfer of personal data may take place outside the European Economic Area.
    15. Personal data will be processed for the period required to perform the contract for the provision of Services by electronic means, to meet the requirements of the applicable regulations or for another period resulting from internal operational requirements, such as ensuring proper access to the Services, facilitating the management of user relations or responding to legal claims and inquiries. regulators, whichever is longer.
    16. The administrator uses technical and organizational measures to ensure protection of the processed personal data appropriate to the threats and categories of data protected, and in particular protects the data against unauthorized disclosure, removal by an unauthorized person, processing in violation of applicable regulations and change, loss, damage or destruction.
    17. In accordance with applicable regulations, the EthyMaps Service is not intended for minors, i.e. children under the age of 16. We do not knowingly collect personal information from children under the age of 16. Minors (and in any case under the age of 16) should not use the EthyMaps Service without the consent of their parents. If we receive information that a minor child has submitted any personal data without parental consent, we will take steps to delete such data.
  4. COLLECTION OF COOKIES
    1. The EthyMaps Service may use cookies. Cookie files (so-called cookies) are IT data, in particular text files, which are installed on the User’s end device. Cookies usually contain the name of the website domain they come from, the storage time on the end device and a unique number.
    2. As a rule, cookies do not constitute personal data. However, certain information stored in cookies (e.g. regarding preferences), especially when combined with other information about the User, may be treated as personal data. Personal data collected using cookies may be processed only to perform specific functions for the User. Such data is encrypted in a way that prevents access by unauthorized persons.
    3. We use cookies and other similar technologies for the purposes of:
      1. adjusting the content of the EthyMaps Service to the User’s preferences and optimizing the use of the Website; e.g. cookies allow, in particular the cookies files enable recognition of the User’s device and proper display of the content tailored to his individual needs;
      2. creating statistics that help to understand how Users use the EthyMaps Service, which allows improving their structure and content;
      3. maintaining the User’s session (after logging in), thanks to which the User does not have to re-enter the login and password;
      4. providing the Users with the marketing content better adjusted to their interests.
    4. We divide cookies depending on the time for which they are installed on the User’s device for:
      1. session cookies – remain on the User’s device until they leave the Website or turn off the Application; these are primarily technical cookies;
      2. permanent cookies – remain on the User’s device for the time specified in the file parameters or until they are manually deleted by the User.
    5. Due to the purpose of cookies and other similar technologies, we use the following types:
      1. necessary cookies – they are absolutely necessary for the proper functioning of the EthyMaps Service or the functionality that the User wants to use, because without them we would not be able to provide many of the Services we offer. Some of them also ensure the security of the services we provide electronically. As they are absolutely essential, prior consent is not required;
      2. functional cookies – enabling “remembering” the settings selected by the User and personalizing the User’s interface, e.g. in terms of the selected language or region of the User’s origin, font size, appearance of the website and application, etc. ; without them, the EthyMaps Service will work properly, but it will not be adapted to the User’s preferences; these cookies are used based on prior consent;
      3. statistical cookies – used to count statistics on the Website and Application; these cookies are used based on your prior consent;
      4. advertising cookies – enabling the provision of advertising content to Users more tailored to their interests; these cookies are used based your prior consent.
    6. The EthyMaps Service, like most modern service providers, uses functions provided by analytical service providers, which involves the use of cookies from third parties. We use Google Analytics and Facebook Pixel. The basis for the use of cookies of these programs is the User’s consent. More information on how Google and Facebook use your data can be found here:

https://www.google.com/policies/technologies/partner-sites/ https://www.facebook.com/about/privacy/update

  1. When visiting the EthyMaps Service for the first time, the user has the option of expressing or rejecting the consent to the use of cookies by the Administrator. Not making a choice and proceeding to the functionality of the EthyMaps Service means that the User does not consent to the use of cookies by the Administrator.
  2. The User may at any time withdraw consent to the use of cookies in the browser settings by blocking new and deleting existing cookies.
  3. The EthyMaps Service uses plugins from social networks (Facebook, Twitter). Plugins allow the User to share the content published on the EthyMaps Service in the selected social network. The use of plugins on the EthyMaps Service causes that the given social network receives information about the use of the EthyMaps Service by the User and can assign it to the User profile created in the given social network. The Administrator has no knowledge of the purpose and scope of data collection by social networks.
  4. CHANGE OF PRIVACY POLICY AND COOKIES
    1. The Service Provider reserves the right to make unilateral changes to the Privacy and Cookies Policy without giving any reason, in particular in connection with legal requirements.
    2. In the event of exercising the above right, the Service Provider will send to Registered Users, to the e-mail addresses provided by them when registering the Account, information about the planned change of the Privacy and Cookies Policy, along with a link leading to the new content of the Privacy and Cookies Policy. Information will be sent to registered Users at least 3 days before the planned changes come into force.
    3. Amendments to the Privacy and Cookies Policy shall enter into force on the date indicated by the Service Provider, not shorter than 3 days from notification of the change in the Privacy and Cookies Policy, unless generally applicable provisions of law provide otherwise.
    4. The Registered User who does not accept the planned changes to the Privacy and Cookie Policy may terminate the Account service agreement on the terms set out in the Terms and Conditions. If the User does not terminate the agreement for the creation of an Account before the date of entry into force of the new version of the Privacy and Cookies Policy, then it becomes binding for the User on the date indicated as the date of entry into force of the new version of the Privacy and Cookies Policy.
  5. FINAL PROVISIONS
    1. In the event that any of the provisions of the Privacy and Cookies Policy is or becomes illegal, invalid or ineffective, it will not affect the entire legal nature, validity or effectiveness of the remaining provisions of the Privacy and Cookies Policy.
    2. The Service Provider will not be responsible for non-performance or improper performance of its obligations under the Privacy and Cookie Policy, if non-performance or improper performance of obligations under the Privacy and Cookie Policy is the result of force majeure, understood as an extraordinary event and independent of will and beyond the reach of the Administrator, external, impossible to predict and prevent, which occurred during the validity of the Privacy and Cookies Policy.
    3. In matters not covered by this Privacy and Cookie Policy, the provisions of the Terms and Conditions and other relevant provisions of Polish law and EU law shall apply accordingly.