Buildings and indoors

PRIVACY POLICY WITH COOKIES POLICY
– ENKLAWA POLANY –
published on November 21, 2019

I. GENERAL

„Orzeł-Kościelisko” sp. z o.o, a Limited Liability Company with registered office in Kościelisko, ul. Chotarz Bór 14 I, 34-511 Kościelisko, registered in the Register of Entrepreneurs of the National Court Register by the District Court for Kraków-Śródmieście in Kraków with the KRS 0000180001 number, VAT ID 7361597141, REGON 492696368, with a share capital of 1 308 000,00 PLN, processes your personal data as the controller of your personal data (PDC) as part of electronic distance communication.

It is possible to use the Enklawa Polany website without providing PDC personal data by the User himself, subject to the provisions of section II. However, if the processing of personal data is necessary and there is no statutory basis for such processing, we always ask for consent to the processing of User's personal data.

The processing of personal data takes place in accordance with Regulation (EU) 2016/679 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (GDPR) and in accordance with the Personal Data Protection Act.

We have made every effort to ensure the maximum protection of personal data processed via the indicated website.

Website covered by this Privacy Policy: https://www.enklawapolany.pl/ (hereinafter: Website).

Contact with PDC: ul. Chotarz Bór 14 I, 34-511 Kościelisko, or via the contact form available on the Website. In order to obtain information related to the exercise of rights related to the processing of personal data or additional information about such data, please contact us at the e-mail address kontakt@enklawapolany.pl.

II. COLLECTED INFORMATION

The Website collects a number of general information when it is called up. This information is stored as server logs. The viewed resources are identified by URL addresses. In addition, the following data may be recorded:

time of inquiry;
station name - identification carried out by the HTTP protocol;
information about errors while completing the HTTP transaction;
types of web browsers and their versions;
the operating system used to access the Website;
addresses of pages from which reference is made to the Website, if the Website was accessed via a link;
Website subpages;
Website opening date and time;
IP address;
Internet provider details.

This data is used to administer the server on which the Website is hosted. This data may also be used by law enforcement authorities in the event of illegal activity. This data is also subject to anonymised statistical analysis in order to increase the protection of User's data. Anonymous server log data is saved separately from other personal data. PDC may also collect and process other Users' personal data provided by them, in order to consider User's requests submitted to PDC, which may be made electronically. This happens in particular when the applicant sends relevant information, requests, complaints, inquiries, applications via e-mail or via the online form on the Website.

III. ELECTRONIC AND TELEPHONE CONTACT

The Website contains functionalities enabling quick contact with PDC, which involves the processing of personal data, such as name, e-mail address and telephone number. If the User contacts PDC by e-mail or via the contact form on the Website, personal data provided this way is automatically processed. Such personal data, provided voluntarily by the User to the PDC are stored for the purpose of processing or contacting the data subject. The Website contains functionalities enabling quick phone contact with PDC by clicking the "Call" Click-to-Call button. Charges for calls initiated by the User are charged in accordance with the tariff package of the telecommunications service provider used by the User.

This personal data will not be transferred to third parties, with the exception of telephone/IT service providers responsible for technical support for the operation of the Website and the newsletter (in the event of a separate consent to the newsletter).

To enable PDC to contact the User by phone for direct marketing purposes, the User may, in accordance with Art. 172 of the Telecommunications Law, give PDC prior consent. User can withdraw this consent at any time by sending an e-mail with information about withdrawal of consent to phone contact to kontakt@enklawapolany.pl or by communicating this withdrawal directly to the caller.

IV. COMMENTING ON THE WEBSITE

The Website does not allow Users to add individual comments publicly available on the Website or to evaluate products or services via the Website.

V. NEWSLETTER

Website allows the User to subscribe to the Enklawa Polany Newsletter, through which commercial information related to the Enklawa Polany will be sent to the e-mail address provided by the User. Declaration of consent to the newsletter in accordance with Art. 10 of the Act on the Provision of Electronic Services submitted via the Website can be withdrawn at any time by sending an e-mail to kontakt@enklawapolany.pl with "I unsubscribe from the newsletter" text. We inform that if we do not receive User's consent to the newsletter, we will not be able to provide information about additional services, events or promotions available in the Enklawa Polany, if the User himself has not requested it by any other means.

VI. REQUIREMENT TO PROVIDE PERSONAL DATA

PDC does not provide electronic services via the Website. The Website does not contain sales functionalities.

Personal data is provided voluntarily. The requirement to provide personal data may, however, result from the need to process complaints, reservations or inquiries regarding PDC services. This data is provided to PDC via the online contact form on the Website. Failure to provide personal data may render PDC unable to consider given complaint/request/inquiry.

VII. LEGAL BASIS FOR PROCESSING

Personal data can only be processed if at least one of the following conditions is met:

data subject has consented to the processing of his/her personal data for one or more specific purposes (Art. 6(1)(a) of GDPR)
processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract (Art. 6(1)(b) of GDPR);
processing is necessary for compliance with a legal obligation to which the controller is subject (Art. 6(1)(c) of GDPR);
processing is necessary in order to protect the vital interests of the data subject or of another natural person (Art. 6(1)(d) of GDPR);
processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller (Art. 6(1)(e) of GDPR);
processing is necessary for the purposes of the 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 where the data subject is a child (Art. 6(1)(f) of GDPR),
personal data was entrusted to PDC for processing;

where personal data provided to PDC are obtained from the User in order to establish or maintain relations with the contractor and to promote the real estate area of the Enklawa Polany or PDC's own services, to take action at the request of the User interested in concluding the contract with PDC or performance of the contract concluded with it, or for the purposes of considering complaints, i.e. based on Art. 6(1)(b,f) of GDPR.

Data may be transferred to entities providing PDC real estate services in the scope of functioning and promotion of the Enklawa Polany facilities and to telephone/IT entities providing services for the technical maintenance of the Website and the newsletter (in the event of a separate consent to the newsletter).

VIII. PROCESSING TIME

The criteria used to determine the period of storage of personal data are the respective statutory retention periods. After the end of this period, the relevant data is routinely deleted, unless it is no longer necessary to perform the contract, settle it or initiate its conclusion in accordance with the User's will. PDC processes and stores the personal data of the data subject only for the period necessary to achieve the purpose for which it was obtained and based on a specific legal basis. In the event of the fall of the purpose or legal basis, in particular after the expiry of the period for which data was acquired, PDC deletes the data. The data is not stored longer than until the claims expire.

IX. USER'S RIGHTS TO WHICH THE DATA CONCERNS

1. RIGHT TO PROVIDE INFORMATION ON THE PROCESSING OF PERSONAL DATA

The data subject is authorised to obtain from PDC confirmation at any time whether personal data concerning him/her are being processed and to obtain the following information:

what personal data is being processed;
categories of personal data processed;
the purposes of processing;
information about recipients or categories of recipients to whom personal data have been or will be disclosed, in particular about recipients in third countries or international organisations;
(if possible) the planned period of storage of personal data, and if this is not possible, the criteria for determining this period;
information about the right to request from PDC to rectify, delete or limit the processing of personal data of an authorised person and to object to such processing;
information on the right to lodge a complaint with a supervisory authority;
if personal data have not been collected from an authorised person - all available information about their source;
information on automated decision-making, including profiling, and - at least in these cases - relevant information on the principles of their making, as well as on the significance and anticipated consequences of such processing for the authorised person;
whether personal data is transferred to a third country or international organisation and information on adequate safeguards related to such transfer.

If the User wants to exercise this right, he/she can contact PDC at any time by e-mail: kontakt@enklawapolany.pl. In this case, PDC provides the data subject with a copy of the personal data being processed.

2. RIGHT TO CORRECT

The data subject is a person entitled to demand from PDC immediate correction of personal data that is incorrect. Taking into account the purposes of processing, the data subject has the right to request the completion of incomplete personal data, including by providing an additional statement.

If the User wants to exercise this right of access, he/she can contact PDC at any time by e-mail: kontakt@enklawapolany.pl.

3. RIGHT TO BE FORGOTTEN

The data subject is a person entitled to demand from PDC immediate deletion of personal data concerning him/her, and PDC is obliged to delete personal data without undue delay if one of the following circumstances occurs:

personal data is no longer necessary for the purposes for which it was collected or otherwise processed;
the data subject has withdrawn the consent on which the processing is based and there is no other legal basis for the processing;
the data subject objects to the processing or objects and there are no overriding legitimate grounds for processing;
personal data was processed unlawfully;
personal data must be deleted in order to comply with a legal obligation under European Union or Member State law to which the PDC is subject;
personal data has been collected in connection with offering information society services.

If the User wants to exercise this right, he/she can contact PDC at any time by e-mail: kontakt@enklawapolany.pl.

If PDC has made personal data public, and is obliged to delete this personal data on the above-mentioned basis, then - taking into account the available technology and the cost of implementation - it takes reasonable steps, including technical measures, to inform the controllers processing this personal data that the person whose data concerns, requests that these controllers remove all links to this data, copies of this personal data or their replications, provided that their processing is not necessary: a) to exercise the right to freedom of expression and information; b) to comply with a legal obligation requiring processing under European Union or Member State law to which the controller is subject, or to perform a task carried out in the public interest or in the exercise of official authority vested in the controller; c) for reasons of public interest in the field of public health; d) for archival purposes in the public interest, for scientific or historical research purposes or for statistical purposes, as long as it is probable that the law will prevent or seriously impede the achievement of the purposes of such processing; or e) to determine, pursue or defend claims.

4. RIGHT TO LIMIT PROCESSING

The data subject is a person entitled to request from PDC to limit the processing of his personal data in the following cases:

the authorised data subject questions the correctness of personal data - for a period enabling PDC to check the correctness of such data;
it turned out that the processing is unlawful, and the authorised person opposes the deletion of personal data, demanding instead limiting their use;
PDC no longer needs personal data for processing purposes, but it is needed by the authorised person to determine, assert or defend claims;
the entitled person has lodged an objection - until it is determined whether the legitimate grounds on the PDC side prevail over the grounds of objection of the authorised person.

If the User wants to exercise this right, he/she can contact PDC at any time by e-mail: kontakt@enklawapolany.pl.

5. RIGHT TO TRANSFER DATA

The data subject is a person authorised to obtain from PDC in a structured, commonly used machine-readable format, personal data concerning him/her which has been provided by PDC, and has the right to send this personal data to another controller without any obstacles on the part of PDC, if:

processing is based on consent (Art. 6(1)(a) of GDPR or Art. 9(2)(a) of GDPR) or based on a contract pursuant to Art. 6(1)(b) of GDPR; and
processing takes place in an automated manner;

as long as it does not apply to processing that is necessary to perform a task carried out in the public interest or in the exercise of official authority vested in the PDC.

If the User wants to exercise this right, he/she can contact PDC at any time by e-mail: kontakt@enklawapolany.pl. When exercising the right to transfer data, the data subject is entitled to have personal data transferred by PDC directly to another controller, if it is technically possible.

6. RIGHT TO OBJECT

The data subject has the right to object at any time - for reasons related to his/her particular situation - to the processing of personal data concerning him/her based on Art. 6(1)(e or f) of GDPR (i.e. when the processing is necessary to perform a task carried out in the public interest or in the exercise of public authority vested in the administrator or when processing is necessary for the purposes of the legitimate interests pursued by the PDC), including profiling on this basis. The PDC may no longer process this personal data, unless it demonstrates the existence of valid legitimate grounds for processing, overriding the interests, rights and freedoms of the data subject, or grounds for establishing, investigating or defending claims.

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 his/her personal data for the purposes of such marketing, including profiling, to the extent that the processing is related to such direct marketing. If data subject objects to processing for direct marketing purposes, personal data may no longer be processed for such purposes.

If personal data is processed for the purposes of scientific or historical research or for statistical purposes, the data subject has the right to object - for reasons related to his/her particular situation - to the processing of personal data concerning him/her, unless the processing is necessary to perform the task implemented in the public interest.

If the User wants to exercise this right, he/she can contact PDC at any time. In addition, the User, notwithstanding the Privacy and Communications Directive 2002/58/EC, may exercise his/her right to object via automated means using technical specifications.

7. AUTOMATED DECISION MAKING IN INDIVIDUAL CASES, INCLUDING PROFILING

PDC does not use automatic decision-making or profiling of the Website to the extent other than indicated by this Privacy Policy. It is reported that the data subject has the right not to be subject to a decision that is based solely on automated processing, including profiling, and produces legal effects on the person or similarly significantly affects him/her, unless this decision a) is necessary for the conclusion or performance of a contract between the data subject and PDC; or b) is permitted by European Union or Member State law to which the PDC is subject and which provides for appropriate measures to protect the rights, freedoms and legitimate interests of the data subject; or If the decision does not concern specific personal data and a) is necessary for the conclusion or performance of a contract between the data subject and PDC; b) is permitted by European Union or Member State law to which the PDC is subject and which provides for appropriate measures to protect the rights, freedoms and legitimate interests of the data subject; or c) is based on the explicit consent of the data subject, PDC implements appropriate measures to protect the rights, freedoms and legitimate interests of the data subject, or at least the right to obtain human intervention on the part of the PDC, to express its own position and to challenge this decision.

If the User wants to exercise this right, he/she can contact PDC at any time by e-mail: kontakt@enklawapolany.pl.

8. RIGHT TO WITHDRAW THE CONSENT FOR PROCESSING

The data subject has the right to withdraw his/her consent to the processing of his/her personal data at any time. Withdrawal of consent does not affect the lawfulness of the processing based on consent before its withdrawal.

If the User wants to exercise this right, he/she can contact PDC at any time by e-mail: kontakt@enklawapolany.pl.

9. RIGHT TO COMPLAIN WITH A SUPERVISORY AUTHORITY AND COURT

If PDC does not take action in connection with the request of the data subject, it shall immediately inform - no later than within one month of receipt of the request - about the reasons for not taking action and about the possibility of submitting a complaint to the supervisory body and the use of legal protection measures before a court.

Without prejudice to other administrative or legal remedies before a court, any data subject has the right to lodge a complaint with a supervisory authority, in particular in the Member State of his habitual residence, place of work or place of alleged infringement, if he/she thinks that the processing of data personal concerning him/her violates the GDPR. The user to whom the rights relate also has the right to lodge a complaint to the court against the decision of the supervisory authority. Without prejudice to available administrative or extrajudicial remedies, including the right to lodge a complaint with a supervisory authority, any data subject shall have the right to an effective remedy before a court if he/she considers that his/her rights under the GDPR have been violated as a result of processing his/her personal data in violation of the GDPR. Proceedings against PDC are initiated in the court of the Member State in which PDC is established. Alternatively, such proceedings may be instituted before a court of a Member State in which the data subject has his/her habitual residence.

If the User wants to exercise this right, he/she can contact PDC at any time by e-mail: kontakt@enklawapolany.pl.

X. COOKIES POLICY

The Website uses cookies. Cookies should be understood as IT data, in particular text files, stored in Users' end devices intended for using websites. A cookie contains so-called cookie ID. A cookie ID is the unique identifier of the cookie file. It consists of a string of characters through which websites and servers can be assigned to the specific web browser in which the cookie was stored. These files allow the User's device to be recognised by its IP address, location and language used, and to properly display the website tailored to his/her individual preferences. Cookies usually contain the name of the website from which they originate, their storage time on the end device and unique number.

Cookies are used to adapt the content of the website to the User's preferences and to optimise the use of websites. By using cookies, PDC can provide Website Users with a more user-friendly offer. They are also used to create anonymous, aggregated statistics that help to understand how the User uses websites, which allows improving their structure and content, excluding personal identification of the user.

Two types of cookies are used - "session cookies" and "persistent cookies". Session cookies are temporary files that remain on the User's device until logging out of the website or turning off the software (web browser). Persistent cookies remain on the User's device for the time specified in the cookie file parameters or until they are manually removed by the User. They can be deleted at any time via the web browser in the privacy settings. By default, the software used for websites browsing allows cookies to be placed on the end device. This happens by the mere use of the Website (e.g. closing the message, clicking on elements on the Website outside the message, going further) without changing the privacy settings. These settings can be changed by the User in the web browser settings to block the automatic handling of cookies or to inform about them each time they are sent to the User's device. Detailed information about the possibilities and ways of handling cookies are available in the User's software (web browser) settings. Therefore, it is necessary for User to consciously make a decision regarding cookie settings in the User's web browser.

Restricting the use of cookies may affect some of the functionalities available on the Website.

XI. FINAL PROVISIONS

This Privacy Policy is available at https://www.enklawapolany.pl/ and at PDC's headquarters.

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