§ 1. INTRODUCTORY PROVISION
This document defines:
1. The rules of using internet services available at the addresses: https://enviogroup.com/ and https://chcewiecej.enviogroup.com/, including their home page and any subpages (hereinafter collectively referred to as: “Service”), conducted by their owner, i.e. a company under a business name: Envio Group Poland Spółka z ograniczoną odpowiedzialnością Spółka komandytowa with headquarters in Bydgoszcz (85-097), ul. Jagiellońska 21, entered into the Register of Entrepreneurs of the National Court Register under KRS number 0000716322, for which registration files are maintained by the District Court in Bydgoszcz, 13th Commercial Division of the National Court Register, REGON (National Business Registry Number): 341473272, NIP (Tax Identification Number): 9532640176, e-mail: email@example.com, telephone number: 0048 52 307 02 07 (hereinafter referred to as: “Envio Group”);
2. rules concerning the processing by the Envio Group of personal data collected through the Service and through accounts belonging to the Envio Group under following names: Envio Group, Envio Group Crew and other analogous social networking sites, such as Facebook, Instagram, Youtube (hereinafter collectively referred to as: “Social profiles”), in particular when users contact Envio Group through the Service or Social Portals, as well as data collected by Envio Group in connection with the users contacting Envio Group via e-mail addresses and telephone numbers belonging to Envio Group, provided within the Service and Social Profiles.
§ 2. INTELLECTUAL PROPERTY RIGHTS RELATING TO THE SERVICE
1. All rights to the Service and its individual elements, including structure, layout, content placed on the Service in any form, including in particular graphic, text, sound, audiovisual, photographic, constituting trademarks, regardless of whether they are a work or an object of related rights within the meaning of applicable law (hereinafter collectively referred to as: “Content”), vest Envio Group or have been used by the Envio Group with the consent of those authorized to grant appropriate authorizations to third parties. The rights referred to in the preceding sentence shall include in particular economic copyrights and other intellectual property rights, including trade marks.
2. Making Envio Group Content available within the Service and making it available to the public does not mean that any person has any rights to the Content, including but not limited to copying, creating derivative works (modifications) of the Content, marketing, lending or renting the Content or copies thereof, publicly performing, exhibiting, displaying, reproducing, transmitting and reemitting the Content and making the Content available to the public in such a way that everyone can access it at a place and time of their choice, without the express prior consent of the Envio Group.
3. Subparagraph 2 above does not exclude the possibility of using the Content in cases where such use under mandatory provisions of law does not require the consent of the mandated entity, however, provided that all conditions provided for in those provisions for such use are met.
§ 3. PROHIBITED SERVICE ACTIVITIES
It is forbidden for the users to use the Service, including the Content, in a manner contrary to the law, rules of social coexistence, good manners, as well as in a way that violates personal rights, in particular:
- providing any illegal content by users within the Service, including content prohibited under applicable law;
- providing by the users false data or data violating the rights of third parties;
- infringement of personal rights of third parties or Envio Group through the Service;
- use of the Service in a manner that interferes with its operation, in particular through the use of specific software or equipment.
§ 4. ADDITIONAL PROVISIONS
- a computer or mobile device with access to the Internet;
- a keyboard or other pointing device (which may be used to input text and ticking the individual fields), enabling correct filling in the forms;
- Internet Explorer version 11 or later, Firefox version 28.0 or later, Chrome version 32 or later, Opera version 12.17 or later, Safari version 1.1 or later, with Java Script and cookies enabled.
- Envio Group informs you that the use of the Internet can be dangerous for any user of this network, as it is possible to introduce malicious software into the user’s computer system and to obtain and modify data about them by unauthorised persons. In order to avoid the risk of threats, the user should apply appropriate technical measures to minimise their occurrence, in particular antivirus and firewall programs.
- Envio Group:
- makes various contact forms available free of charge within the Service, which enable Service users to send messages to the Envio Group. The user may resign from using the contact form at any time.
- sends free of charge the so-called newsletter, which consists in sending commercial information within the meaning of the Act of 18 July 2002 on the provision of electronic services, i.e. information intended directly or indirectly to promote the goods, services or image of the Envio Group, including, in particular, information on new products, services or offers, to the e-mail address provided by the user. You may unsubscribe from the newsletter at any time in the manner provided by the Envio Group, including through the contact form available in the Service, to Envio Group e-mail address: firstname.lastname@example.org or in writing to the following address: Envio Group Poland Sp. z o.o. Sp. k., ul. Jagiellońska 21, 85-097 Bydgoszcz (Poland).
- Service User who would like to make a complaint in connection with the use of the Service, may do so through the contact form available on the Service, to the e-mail address of the Envio Group: email@example.com or in writing to the following address: Envio Group Poland Sp. z o.o. Sp. k., ul. Jagiellońska 21, 85-097 Bydgoszcz (Poland). A complaint should include the user’s name and surname, their mailing address, description of the reported reservations (irregularities), as well as the date of occurrence/confirmation of the reported irregularities (reservations) and the user’s request. Envio Group shall recognize a complaint within 14 days from the date of its receipt. Response to the complaint is sent to the correspondence address provided by the user in the complaint.
- Information contained in the Service (such as announcements, advertisements, other information) does not constitute an offer of the Envio Group within the meaning of the provisions of the Act of 23 April 1964. – Civil Code, and only constitute an invitation to tender for the conclusion of contracts on the part of users.
- The sales regulations are available at https://enviogroup.com/en/customer/
§ 5. COOKIES
- Cookies may be placed in the end device of the Website user by the Envio Group and used by the Envio Group, as well as by entities cooperating with the Envio Group, including in particular the Internet service provider.
- Cookies used within the Service are the following:
- Facebook Pixel – cookie files constituting an analytical tool which helps to measure the effectiveness of advertisements based on the analysis of actions taken by Website users on the Website. Data from Facebook Pixel can be used in the following scope: Emission of advertising to the right audience, creation of advertising audience, use of other Facebook advertising tools. The data collected is anonymous;
- Google Analytics – cookie files used by Google to analyse how users of the Website use the Website, as well as to create statistics and reports on the functioning of the Website. If Google Analytics are introduced on this website in conjunction with other Google advertising services, such as Google Ads, additional advertising IDs may be registered. Google Analytics also collects IP addresses to ensure safe use of the service and to inform website operators of the countries, regions and cities where users come from (“IP geolocation”). Google Analytics provides a method of masking the collected IP addresses. More information can be found at: https://support.google.com/analytics/answer/6004245?hl=pl;
- cookies files added to the Service by tawk.to toll – cookies files basically maintaining the continuity of conversations and identifying the user`s session.
§ 6. PERSONAL DATA
1. DATA CONTROLLER
The controller of the personal data collected through the Service and through the Social Profiles, as well as those collected in connection with contacting Envio Group to the e-mail addresses and telephone numbers belonging to Envio Group and made available through the Service and the Social Profiles, is Envio Group (full details are given in § 1 of this document).
Personal data are processed by the Envio Group in accordance with the law, including in particular the 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) (OJ EU L. of 2016 No. 119, further: GDPR).
2. CONTACT WITH THE CONTROLLER
Contact with the Envio Group regarding personal data is possible:
- electronically to the Envio Group’s e-mail address: firstname.lastname@example.org,
- in writing to the address of the Envio Group’s registered office: Envio Group Sp. z o.o. Sp. k., ul. Jagiellońska 21, 85-097 Bydgoszcz (Poland).
4. PURPOSES OF PERSONAL DATA PROCESSING AND LEGAL BASES FOR PROCESSING
Envio Group processes the personal data referred to in point 1 above for the purposes set out below and on the basis of the legal bases set out below:
- personal data are processed for the purposes of making the Content available to users and making all content available on Social Profiles, in this case, the legal basis for the processing is the legitimate interest of the Envio Group (Article 6(1)(f) of the GDPR) to make the Content available for business purposes, including the running and day-to-day management of Social Profiles and contacting users, or the need for the processing to perform the contract or to take action at the request of the data subject prior to the conclusion of the contract (Article 6(1)(b) of the GDPR);
- If you contact the Envio Group via any e-mail address provided in the Service or Social Profiles, or if you contact Envio Group via any telephone number provided in the Service or Social Profiles, or if you contact Envio Group via the contact forms provided in the Service, or if you contact Envio Group via the functionalities provided in the Social Profiles, in particular via comments or private messages:
- in matters not related to the services provided by Envio to the user or interest in such services, as well as in matters not related to the user’s interest in employment with the Envio Group, personal data are processed for the purpose of communication and the handling of the matter to which this contact relates, in which case the legal basis for the processing is the legitimate interest of the Envio Group (Article 6(1)(f) of the GDPR) to conduct correspondence and deal with the business;
- in matters relating to the services provided by Envio to the user or interest in such services, personal data are processed for the purposes of the provision of such services by the Envio Group to the user or the Envio Group’s presentation of an offer for the provision of such services to the user, in which case the legal basis for the processing is the necessity of the processing to carry out the contract or to take action at the request of the data subject prior to the conclusion of the contract (Art. 6(1)(b) GDPR) and, if the form is used, “free consultation”, the consent of the data subject (Article 6(1)(a) GDPR);
- in matters relating to the user’s interest in being employed by the Envio Group, personal data will be processed, depending on the type and purpose of the contact:
- for the purpose of communicating and replying to the question to which the contact relates, in which case the legal basis for the processing is the legitimate interest of the Envio Group (Article 6(1)(f) of the GDPR), consisting in the correspondence and handling of business-related matters;
- the performance of obligations arising from legal regulations, related to the employment process, including in particular those arising from the Labour Code, in which case the legal basis for the processing is the legal obligation of Envio Group (Article 6(1)(c) of the GDPR);
- the recruitment process for data not required by law, in which case the legal basis for the processing is consent (Article 6(1)(a) GDPR). If, for the purposes of recruitment, the user provides data in a broader scope than is required by the applicable legislation, Envio Group will assume that, by providing this data, the user gives their consent to the processing of the data;
- if the user subscribes to the newsletter using the newsletter subscription form, personal data are processed for the purpose of sending commercial communications by Envio Group, in which case the processing is based on the consent of the data subject (Article 6(1)(a) of the GDPR);
- personal data are processed for analytical and statistical purposes, in which case the processing is based on the legitimate interest of the Envio Group (Article 6(1)(f) of the GDPR) to analyse the activities of users and their preferences in order to: improve the functionality used and the use of the Service, create the most appropriate offer for users, improve the use of Social Profiles and create the most relevant Content or content within social profiles;
- personal data are processed for the purpose of any determination, assertion or defence of claims by the Envio Group, including the processing of complaints, in which case the processing is based on Envio Group’s legitimate interest (Article 6(1)(f) GDPR) in protecting its rights and responding to claims against the Envio Group;
- personal data are processed for the purposes of direct marketing relating to Envio Group’s own products and services, including the selection of the user’s preferences or location by means of profiling, in which case the processing is based on Envio Group’s legitimate interest (Article 6(1)(f) of the GDPR) in marketing Envio Group’s products and services or the consent of the data subject (Article 6(1)(a) of the GDPR), including in the case referred to in point 3) hereinabove.
5. Obligation to provide data and consequences of failure to provide personal data
The provision of personal data to the Envio Group is voluntary, however, not providing data required by the Envio Group:
- in case of willingness to familiarize with the Content of the Service – prevents or restricts the possibility of browsing the Content;
- in case of contacting Envio Group via e-mail address provided by Envio Group or the telephone number provided by Envio Group, it may make it impossible to respond to the inquiry or to carry out the actions expected by the user in response to the contact; it is a requirement for the purposes of full execution of the response and the contact;
- in case of contacting Envio Group via the functionalities provided by the Social Profiles, including comments or private messages, it may prevent the Envio Group from responding to your inquiry or from carrying out the actions expected by you in response to your contact; it is a requirement for the purposes of full execution of the response and the contact;
- if you wish to use the contact form, it prevents you from sending a message to Envio Group, so that providing this information is a requirement for the purposes of sending your request and enabling the Envio Group to respond to your inquiry or to contact you in response to your inquiry or to participate in the recruitment process;
- If you wish to receive commercial information by electronic means, you will not be able to receive these communications from Envio Group.
6. USER RIGHTS
In connection with the processing of personal data by Envio Group as the controller, each person to whom the data relate has the right to:
- request access to personal data
(i.e. to obtain information on the personal data processing, including in particular on the purposes and legal bases of processing, the scope of the possessed data, entities to which personal data are disclosed and the planned date of their deletion and to receive a copy of such data);
- have personal data rectified
(i.e. to correct the incorrect personal data, including when the data are outdated, erroneous or incomplete);
- delete personal data (“right to be forgotten”)
(i.e. to request the deletion of data in cases specified in GDPR, i.e. in particular: when the data are no longer necessary for the purposes for which they were collected or processed otherwise, to withdraw the User’s consent for data processing (providing that the Envio Group does not have the right to process data under any other legal basis); when the data are processed against the law; the necessity of deleting the data results from the legal obligation of the Envio Group);
- limit personal data processing
(i.e. to request the limitation to data processing in cases stipulated in GDPR; in case of making such a request to the Envio Group, shall be obliged to limit operations on personal data within the scope and under the principles set forth in GDPR, generally to their storage);
- object to personal data processing
(i.e. to object personal data processing based on the legitimate interest of the Envio Group, in the manner binding for the Envio Group, providing that there are no other prevailing legally legitimate bases for data processing by the Envio Group. In particular, the User shall have the right to object to data processing for the purposes of direct marketing);
- transfer personal data
(i.e. to obtain from the Envio Group of the User’s personal data provided to the Envio Group or to identify a different controller to which the Envio Group should transfer such data, providing that it is technically feasible);
- withdraw the consent for data processing at any time, however without impact on the legality of processing performed based on the consent before its withdrawal;
- lodge a complaint with a supervisory authority
(i.e. with the President of the Personal Data Protection Office in case when the User decides that personal data processing violates applicable regulations concerning personal data protection).
7. DATA PROCESSING PERIOD
The duration of the data processing by the Envio Group depends on the basis and purpose of the processing. As a rule, personal data shall be stored for the period of the services provided by the Envio Group and for the period resulting from the limitation of claims, accounting practices or other rights or obligations under applicable laws.
If the processing is based on consent, the data are processed until the withdrawal of consent (if Envio Group does not have the right to process the data on another legal basis).
Personal data processed for the purposes of direct marketing are generally processed until an objection is raised with respect to their processing for such purpose, or until the consent is withdrawn (if the processing of such data is performed under the consent granted).
Personal data processed for the purpose of a specific recruitment shall, in principle, be processed until the end of the recruitment process.
8. RECIPIENTS OF DATA
The recipients of personal data may be external entities, including in particular IT service providers, entities providing accounting and legal services, as well as entities to which Envio Group is obliged to provide personal data pursuant to mandatory provisions of law.
9. TRANSFER OF DATA TO A THIRD PARTY OR AN INTERNATIONAL ORGANISATION
Personal data shall not be transferred to a third country or an international organisation within the meaning of the GDPR.
10. AUTOMATED DECISION-MAKING, INCLUDING PROFILING
In order to execute some marketing operations of the Envio Group, including the behavioural advertisement, the Envio Group may use the so-called profiling, and thus, through automatic data processing, perform the assessment of selected factors concerning users in order to analyse their behaviour or create a forecast for the future. Behavioural advertising consists in displaying or sending advertisement contents for the users, which correspond to their interests or location, i.e. it consists in displaying or sending a personalised advertisement that suits the preferences or the location of the user.
In case of a behavioural advertisement, data processing (in particular data collected through cookie files) may also include profiling of users. Basically the prerequisite for such processing is the consent for using cookie files, which may be withdrawn at any time (more information on cookie files and the mentioned consent is provided in § 5 of this document). Moreover, in case of a behavioural advertisement carried out by Facebook and Google, if the user uses their websites, the prerequisite for such processing is not to hide or block by the user advertisements showing on the websites of these entities (more information on hiding or blocking advertisements on the websites of these entities is provided on websites of these entities).
Withdrawal of the consent concerning cookie files within the Service will result in the cessation of the aforementioned profiling. Hiding or blocking the advertisements within Facebook or Google will result in cessation of the aforementioned profiling by these entities, to the extent of resignation.
In view of any legal effects, profiling will not have any material impact on the situation of users, nor will it have a similar effect on the situation of users.