Privacy Policy

Privacy policy

1. General provisions

This Website privacy policy is for informational purposes, which means that it is not a source of obligations for persons using the Website. The Privacy Policy primarily contains rules regarding the processing of personal data collected by the Administrator on the Website, including the basis, purposes and duration of personal data processing and the rights of data subjects, as well as information regarding the use of cookies and similar technologies and analytical tools on the Website.

The administrator of the personal data collected through the Website is OTIF PROFIL SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office in Karsewo (registered office and delivery address: Karsewo 24, 62-220 Niechanowo); entered in the Register of Entrepreneurs of the National Court Register under the KRS number 0000663898; the register court where the company’s records are kept: District Court Poznań – Nowe Miasto and Wilda in Poznań, IX Economic Department of the National Court Register; share capital: PLN 20,000; NIP: 7842503544; REGON: 366617547, e-mail address: biuro@otif-profil.pl, contact telephone numbers: 782 343 235, 663 493 058 – hereinafter referred to as the „Administrator” and which is also the Owner of the Website.

Personal data on the Website is processed by the Administrator in accordance with applicable laws, in particular in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 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 „RODO” or „RODO Regulation”. Official text of the RODO Regulation (↗)

The use of the Website is voluntary. Likewise, the related provision of personal data by the user using the Website is voluntary, with the proviso that the user’s failure to provide certain data required to use a certain functionality of the Website – may result in the inability to use that functionality (e.g. contact form). The provision of personal data in such a case is a contractual requirement, and if the data subject wishes to use a specific functionality provided on the Site by the Administrator, he or she is obliged to provide the required data. Each time the scope of data required to use a functionality of the Site is indicated by the Administrator on the Website (e.g. before filling out the contact form).

The Administrator shall take special care to protect the interests of the persons whose personal data it processes, and in particular shall be responsible and ensure that the data it collects are:

(1) processed in accordance with the law;

(2) collected for designated legitimate purposes and not subjected 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 that makes it possible to identify the persons to whom they relate for no longer than is necessary to achieve the purpose of the processing; and

(5) processed in a manner that ensures adequate security of personal data, including protection against unauthorized or unlawful processing and accidental loss, destruction or damage, by means of appropriate technical or organizational measures.

Taking into account the nature, scope, context and purposes of the processing, as well as the risk of violation of the rights or freedoms of natural persons of varying probability and severity, the Administrator shall implement appropriate technical and organizational measures to ensure that the processing is carried out in accordance with the RODO Regulation and to be able to demonstrate this. These measures are reviewed and updated as necessary. The Administrator employs technical measures to prevent unauthorized persons from obtaining and modifying personal data sent electronically.

All words, phrases and acronyms appearing in this privacy policy and beginning with a capital letter shall be understood in accordance with their meaning herein.

2. Grounds for data processing

The controller is authorized 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 consented to the processing of his or her personal data for one or more specified purposes;

(2) processing is necessary for the performance of a contract to which the data subject is a party, or to take action at the request of the data subject prior to entering into a contract;

(3) processing is necessary for the fulfillment of a legal obligation incumbent on the Controller; or

(4) processing is necessary for the purposes of legitimate interests pursued by the Controller 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, in particular when the data subject is a child.

Processing of personal data by the Controller requires the existence of at least one of the grounds indicated above in each case. The specific grounds for the Administrator’s processing of personal data of the Website’s users are indicated in the next section of the privacy policy – with respect to the particular purpose of the Administrator’s processing of personal data.

3. Purpose, basis and period of data processing on the Website

Each time, the purpose, basis and period and recipients of the personal data processed by the Administrator result from the activities undertaken by a 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 in accordance with the table below:

Purpose of data processing

Legal basis for data processing

Data retention period

Use of electronic services provided by the Administrator on the Website

Article 6(1)(b) of the RODO Regulation (performance of a contract) – processing is necessary for the performance of a contract to which the data subject is a party, or to take action at the request of the data subject prior to entering into a contract, such as responding to an inquiry sent by the user via a contact form.

The data are kept for the period necessary to execute, terminate or otherwise expire the contract concluded with the Administrator, e.g. for the time necessary to respond to the user’s inquiry sent via the contact form.

Direct marketing

Article 6(1)(f) of the RODO Regulation (legitimate interest of the Administrator) – the processing is necessary for the purposes of the Administrator’s legitimate interests – consisting of taking care of the Administrator’s interests and good image and striving to provide services

The data shall be kept for the period of existence of the legitimate interest pursued by the Administrator, but no longer than the statute of limitations for claims against the data subject for the Administrator’s business activities. The period of limitation is determined by the provisions of law, in particular the Civil Code (the basic limitation period for claims related to the conduct of business activities is three years).

The Administrator may not process data for direct marketing purposes in the event of an effective objection in this regard by the data subject.

Marketing

Article 6(1)(a) of the RODO Regulation (consent) – the data subject has consented to the processing of his/her personal data for marketing purposes by the Controller

The data is stored until the data subject withdraws his consent to further processing of his data for this purpose.

Determining, asserting or defending claims that the Administrator may assert or that may be asserted against the Administrator

Article 6(1)(f) of the RODO Regulation – processing is necessary for the purposes of the Administrator’s legitimate interests – consisting of establishing, asserting or defending claims that the Administrator may raise or that may be raised against the Administrator

The data shall be stored for the period of existence of the legitimate interest pursued by the Administrator, but no longer than the statute of limitations for claims against the data subject arising from the Administrator’s business activities. The period of limitation is determined by the provisions of law, in particular the Civil Code (the basic limitation period for claims that may be raised against the Administrator is six years).

Use of the Website and ensuring its proper operation

Article 6(1)(f) of the RODO Regulation (legitimate interest of the Administrator) – processing is necessary for the purposes of the Administrator’s legitimate interests – consisting of operating and maintaining the Website

The data shall be kept for the period of existence of the legitimate interest pursued by the Administrator, but no longer than the statute of limitations for the Administrator’s claims against the data subject on account of the Administrator’s business activities. The period of limitation is determined by the provisions of law, in particular the Civil Code (the basic limitation period for claims related to the conduct of business activities is three years).

Keeping statistics and analyzing traffic on the Website

4. Recipients of data on the Website

For the proper functioning of the Website, it is necessary for the Administrator to use the services of third parties (such as a software provider). The Administrator shall only use the services of such processors who provide sufficient guarantees for the implementation of appropriate technical and organizational measures so that the processing meets the requirements of the RODO Regulation and protects the rights of data subjects.

Personal data may be transferred by the Controller to a third country, in which case the Controller ensures that this will be done in relation to a country providing an adequate level of protection – in accordance with the RODO Ordinance, and in the case of other countries, that the transfer will take place on the basis of standard data protection clauses. The controller shall ensure that the data subject has the opportunity to obtain a copy of his/her data. The Administrator shall transfer the collected personal data only in the case and to the extent necessary to fulfill the given purpose of data processing in accordance with this Privacy Policy.

The transfer of data by the Administrator does not take place in every case and not to all recipients or categories of recipients indicated in the privacy policy – the Administrator transfers data only when it is necessary for the realization of a given purpose of personal data processing and only to the extent necessary for its realization.

Personal data of Website users may be transferred to the following recipients or categories of recipients:

service providers supplying the Administrator with technical, IT and organizational solutions that enable the Administrator to conduct its business, including its Website and electronic services (in particular, providers of computer software to run the Website, providers of e-mail and hosting, and providers of business management and technical support software to the Administrator) – the Administrator shall make the collected personal data of the user available to the selected provider acting on its behalf only when and to the extent necessary to realize the given purpose of data processing in accordance with this Privacy Policy.

providers of legal and advisory services that provide legal or advisory support to the Administrator (in particular, a law firm) – the Administrator shall make the collected personal user data available to the selected provider acting on its behalf only if and to the extent necessary to achieve the given purpose of data processing in accordance with this Privacy Policy.

5. Profiling

The RODO Regulation imposes an obligation on the Controller to provide information on automated decision-making, including profiling, as referred to in Article 22 (1) and (4) of the RODO Regulation, and – at least in these cases – relevant information on the principles of such decision-making, as well as on the significance and anticipated consequences of such processing for the data subject. With this in mind, the Administrator provides information on possible profiling in this section of the privacy policy.

The Administrator may use profiling on the Website for direct marketing purposes, but the decisions made by the Administrator on the basis of this profiling do not relate to the conclusion or refusal of a contract or the possibility of using electronic services on the Website. The effect of the use of profiling on the Website may be, for example, to grant a person a discount, send him or her a discount code, remind him or her of unfinished activities on the Website, send a proposal for a service that may match the person’s interests or preferences, or offer better terms compared to the Administrator’s standard offer. Despite the profiling, it is the individual who freely decides whether to take advantage of the discount or offer of the Administrator received in this way.

Profiling on the Website involves the automatic analysis or prediction of a person’s behavior on the Website, e.g. by analyzing a person’s past history of activity on the Website. The condition for such profiling is that the Administrator has the personal data of the person in question in order to be able to then send the person, for example, a discount code or offer

The data subject has the right not to be subject to a decision that is based solely on automated processing, including profiling, and that produces legal effects with respect to the person or similarly significantly affects the person

6. Rights of the data subject

Right of access, rectification, restriction, erasure or portability – the data subject has the right to demand from the Controller access to his/her personal data, rectification, erasure („right to be forgotten”) or restriction of processing, and has the right to object to processing, and has 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 RODO Regulation.

The right to withdraw consent at any time – a person whose data is processed by the Administrator on the basis of expressed consent (pursuant to Article 6(1)(a) or Article 9(2)(a) of the RODO Ordinance), then he/she 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.

The right to lodge a complaint to a supervisory authority – a person whose data is 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 RODO Ordinance and Polish law, in particular the Personal Data Protection Act. The supervisory authority in Poland is the President of the Office for Personal Data Protection.

Right to object – the data subject has the right to object at any time – for reasons related to his or her particular situation – to the processing of personal data concerning him or her based on Article 6(1)(e) (public interest or tasks) or (f) (legitimate interest of the controller), including profiling under these provisions. The controller in such a case shall no longer be allowed to process such personal data, unless the controller demonstrates the existence of compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or grounds for establishing, asserting or defending claims.

Right to object to direct marketing – if personal data is processed for the purposes of direct marketing, the data subject has the right to object at any time to the processing of personal data concerning him or her for such marketing, including profiling, to the extent that the processing is related to such direct marketing.

In order to exercise the rights referred to in this section of the privacy policy, the Administrator may be contacted by sending a relevant message in writing or by e-mail to the Administrator’s address indicated at the beginning of the privacy policy

7. Cookies on the Website and Analytics

Cookies are small text information in the form of text files sent by a server and stored on the side of the visitor to the Website (e.g. on the hard drive of a computer, laptop, or smartphone memory card – depending on the device used by the visitor to our Website). Detailed information about Cookies, as well as the history of their creation, can be found, among other things, here.

Cookies that can be sent by the Website can be divided into different types, according to the following criteria:

By their provider:

own (created by the Administrator’s Website) and
owned by third parties (other than the Administrator)

By their storage period on the device of the person visiting the Website:

session files (stored until you leave the Website or turn off your web browser) and
permanent (stored for a specific period of time, defined by the parameters of each file or until manually deleted)

Due to the purpose of their use:

necessary (to enable the proper functioning of the Website),
functional / preferential (enabling the adaptation of the Website to the visitor’s preferences),
analytical and performance (gathering information about the use of the Website),

The Administrator may process data contained in Cookies when visitors use the Website for the following specific purposes:

Purposes of using cookies on the Administrator’s Website

remembering data from completed forms and surveys (essential and/or functional/preference cookies)
adapting the content of the Website to individual user preferences (e.g. concerning colors, font size, page layout) and optimizing the use of the Website (functional / preferential Cookies)
keep anonymous statistics showing how the Website is used (analytical and performance cookies)
displaying and rendering advertisements, limiting the number of times advertisements are displayed and ignoring advertisements that the user does not want to see, measuring the effectiveness of advertisements, and personalizing advertisements, that is, studying the behavioral characteristics of visitors to the Website through anonymous analysis of their actions (e.g., repeated visits to certain pages, keywords, etc.) in order to create their profile and provide them with advertisements tailored to their anticipated interests, including when they visit other websites in the advertising network of Google Page 6 of 8 Ireland Ltd. and Meta Platforms Ireland Ltd. (marketing, advertising and social media cookies)

Checking in the most popular web browsers which cookies (including the duration of cookies and their provider) are sent at the moment by the Website is possible in the following way:

In the Chrome browser:

in the address bar, click on the padlock icon on the left,
go to the „Cookies” tab.

In Firefox browser:

in the address bar, click on the shield icon on the left,
go to the „Allowed” or „Blocked” tab,
click the box „Tracking cookies between sites”, „Social network tracking elements” or „Content with tracking elements”

In Internet Explorer:

click the „Tools” menu,
go to the „Internet Options” tab,
go to the „General” tab,
go to the „Settings” tab,
click the „Display files” box

In the Opera browser:

in the address bar, click on the padlock icon on the left,
go to the „Cookies” tab.

In Safari browser:

click the „Preferences” menu,
go to the „Privacy” tab,
click on the „Manage site data” box

Regardless of your browser, using tools available at, for example:

cookiemetrix.com or cookie-checker.com

By default, most web browsers on the market accept the storage of Cookies by default. Everyone has the ability to determine the conditions for the use of Cookies through the settings of their own web browser. This means that you can, for example, partially restrict (e.g. temporarily) or completely disable the possibility of storing Cookies – in the latter case, however, this may affect some functionalities of the Website.

Your browser’s settings regarding Cookies are relevant to your consent to the use of Cookies by our Website – in accordance with the regulations, such consent can also be given through your browser settings. Detailed information on how to change the settings for Cookies and how to delete them yourself in the most popular web browsers is available in the help section of your web browser and on the following pages (just click on the link):

in the Chrome browser
in Firefox browser
in Internet Explorer browser
in the Opera browser
in the Safari browser
in Microsoft Edge browser

The Administrator may use Google Analytics, Google Tag Manager and Google Ads services on the Website provided by Google Ireland Limited (Gordon House, Barrow Street, Dublin 4, Ireland). These services help the Administrator keep statistics and analyze traffic on the Website. The data collected is processed by the above services to generate statistics to help administer the Website and analyze traffic on the Website. These data are of an aggregate nature. The Administrator, using the above services on the Website, collects such data as the source and medium of acquisition of visitors to the Website and their behavior on the Website, information on the devices and browsers from which they visit the Website, IP and domain, geographic data and demographic data (age, gender) and interests.

It is possible for a person to easily block the sharing of information about their activity on the Website with Google Analytics – for this purpose, for example, you can install a browser add-on provided by Google Ireland Ltd. available here

In connection with the possibility that the Administrator uses advertising and analytical services provided by Google Irelantd Ltd. on the Website, the Administrator points out that full information about the principles of processing of data of visitors to the Website (including information stored in cookies) by Google Ireland Ltd. can be found in the privacy policy of Google services available at: https://policies.google.com/technologies/partner-sites

8. Final Provisions

The Website may contain links to other websites. The Administrator urges you to read the privacy policy established there when you go to other sites. This is because this privacy policy applies only to this Administrator’s Website and the personal data processed in connection with its use.