Privacy and Cookies Policy

(VERSION 1.0, MARCH 2020)

§1 Introduction

This Privacy Policy (hereinafter referred to as Policy) includes information regarding the processing conducted by the Controller, specified below your personal data, as well as the use of cookies.

§2 Personal data processing

In connection with the execution, as of 25 May 2018, of the Regulation (EU) No 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 (hereinafter referred to as GDPR) (Official Journal of the UE of 04 May 2016) under Art. 13 of GDPR, we provide you with information about our processing of your personal data.

I. Controller

The controller of your data is: Foap Poland SP Z. O O. (hereinafter referred to as Controller).

II. Contact

You can contact at support@foap.com in all matters regarding our processing of your personal data.

III. Purposes and basis of processing of your data

We process your data for the following purposes and on the following basis:

• Fulfilling legal obligations under GDPR in respect of the performance of your rights and, in connection with that, archiving your requests sent to us or informing you about threats to your privacy – Art. 6(1)(c) of GDPR;
• Concluding and performing the agreement – when you register an account or make a purchase – Art. 6(1)(b) of GDPR;
• Establishing, executing or defending claims, e.g., when you lodge a complaint – Art. 6(1)(f) of GDPR;
• Sending you a newsletter, which constitutes information about news and updates – Art. 6(1)(a) of GDPR;
• Fulfilling obligations under the tax law – Art. 6(1)(c) of GDPR

IV. Data Receivers

Your data can be transferred to public or legal entities, if such obligations results from generally applicable provisions of law, and to a company which provides hosting services, an accounting office, a courier, and our other subcontractors.

V. Storage period for data

We will process your data for the following period of time:

• Fulfilling legal obligations under GDPR in respect of the performance of your rights and, in connection with that, archiving your requests sent to us our informing you about threats to your privacy – until the expiration of limitation periods;
• Concluding and performing an agreement – when you register an account or make a purchase – until the expiration of limitation periods;
• Establishing, executing or defending claims, e.g., when you lodge a complaint – until the expiration of limitation periods;
• Fulfilling obligations under the tax law – for the period provided for in the provisions of the tax law;
• Sending you a newsletter, which constitutes information about news and updates – till the moment of its validity, unless you withdraw your consent before

VI. Transferring your data to a third country

The Controller might transfer your personal data to countries outside the European Economic Area (hereinafter referred to as ‘Third countries’) and international organisations, which is connected with the scope of the business conducted by the Controller and the collaboration with various entities. The Controller ensures that the data are transferred to the countries where the European Commission has decided on their compliance with an adequate level of protection of personal data and/or in compliance with any legal requirements, including the relevant agreement, which includes the data protection clauses adopted by the European Commission, ensuring an adequate level of protection of the personal data transferred.

In connection with our use of the tools described above to create your profile and statistics, we may transfer your data to the United States in accordance with the decision of the European Commission of 12 July 2016. We may provide you with a copy of your data transferred to a third country.

VII. Your rights

We hereby kindly inform you that you have:

• The right to access your data and copy of your data;
• The right to correct your data (rectify your data);
• The right to delete your data – if you believe we have no right to process your data, you may require that we delete them;
• The right to limit the processing of your data – you may require limitation of the processing of your personal data to storage only, if you believe your data are incorrect or their processing is illegal, you do not want to have them deleted as you need them to establish, execute or defend claims or for the time of verification of the appropriateness of the objection;
• The right to object – you can object to the processing of your personal data for marketing purposes, if such processing is conducted on the basis of a legitimate interest of the controller, and we shall cease such processing; you may also object to the processing of your data for other purposes, if the legal basis of the processing is the legitimate interest of the controller. The request should include a justification of the objections by stating the particular situation due to which you object. The objection will not be considered, if we show that our legitimate interest takes precedence over your claim or that we need your data to establish, execute or defect claims against you;
• Right to transfer your data – this right applies to the data processing in an automated manner which have been provided by you on the basis of your consent or an agreement. You can receive the data in a structured format, e.g. xml, or we can transfer them directly the specified controller;
• The right to lodge a complaint – as of 25 May 2018, if you believe we process your data illegally, you will be able to lodge a complaint to the Head of the Personal Data Protection Office or other supervisory body;
• In the event when we process your data on the basis of your consent, you can withdraw your consent at any time. As a result, we will cease our processing of these data, if there is no other legal basis which allows us to process them. Your withdrawal of your consent does not affect the legality of the processing before this withdrawal.

VIII. Information about the requirement/voluntary character of the provision of your data

Providing your data is:

• A legal obligation – when it is required by provisions of law;
• A condition for entering into an agreement – when you register an account or make a purchase;
• A condition for sending you information about news and promotions – regarding the newsletter;

IX. Automated decision-making

In order to send you a personalised advertisement we will process your data in an automated manner, including in the form of profiling, but it will not produce legal effects concerning you nor will it not significantly influence your situation in a similar way.

The profiling we conduct allows us to determine your interests in our services or offered products. This enables us to create for you a personalised advertisement.

§3 Cookies Policy

• The Controller declares that the Platform uses "cookies" (cookies).
• Cookies are information that is sent by the Platform server and are kept in record on the User's device (for example, on computer's hard disk or phone).
• The data obtained through the cookies does not allow to identify the User and third parties, but allows the Operator to determine whether the computer was used by User to visit the Platform (which is not who visited the Platform) and what preferences User had at that time (what interested him most in the Platform).
• The Controller uses internal cookies to:
  • ensure proper functioning of the Platform,
  • statistical purposes,
  • adapt the Platform to the User's preferences,
  • target personalized ads.
• The Controller may place both permanent and temporary files on the User’s and third parties’ devices.
• Temporary files are usually deleted when the browser is closed, but for non-permanent files, closing the browser does not delete them.
• Temporary files are used to identify the User as logged in.
• Permanent files are files that provide specific functions not only in the course of a given session, but throughout their storage on the computer. Permanent files are used to: collect information about how to use the Platform, including data about User and third parties visits on the subpages and possible errors, checking the effectiveness of the Platform's ads, Platform's enhancements by recording bugs, testing various Platform stylistics variants, memorize User and third parties settings for their preferences, showing Users that they are logged into the Platform.
• The Controller uses Google Analytics, which uses cookies on User and third party device to generate statistics about traffic on the Platform and how User uses the Platform.
• At any time, the User may remove the cookies left by the Platform from his device in accordance with the manufacturer's web browser instructions.
• There is also possibility of blocking access of cookies to your device through appropriate browser configuration, however, then the Platform may not function properly.
• The Controller uses a server that saves automatically to the server's logs to analyze information about the device that User uses to connect with Platform, ie the type of device and browser used by the User, the IP of the User's computer, date and time of entrance, text description of event, event qualification.
• Log files can be used to compile statistics on the traffic assessment on the Platform and errors occurring that prevent identifying the User.
• The Controller will use for statistical purposes the following analytical/statistical data: number, frequency and effectiveness in a way to prevent the identification of the User and will be entitled to publish the statistics, in particular during conferences, industry meetings and in the trade press.

§4 Final Provisions

• This Policy is effective as of 25 May 2018.
• You will be notified of every change made to the Policy by e-mail.