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Privacy and Cookies Policy for Clicktrans Mobile Application

PRIVACY AND COOKIES POLICY FOR CLICKTRANS MOBILE APPLICATION

GENERAL INFORMATION

    This document defines the rules of the Privacy Policy in Clicktrans Mobile Application (hereinafter referred to as the “Mobile Application” or “Application”). The Administrator of the Mobile Application is Michał Brzeziński (hereinafter referred to as “The Administrator of the Mobile Application” or “Personal Data Controller”), sole proprietor doing business under the name “Michał Brzeziński IQSC Solutions” located in Gdynia, Poland, (address) ul. Powstania Styczniowego 19, 81-519 (ZIP-CODE) Gdynia, Poland, entered to the Central Registration and Information on Business (CEIDG) maintained by the Minister in charge of economic, using Tax Identification Number (NIP): 5862216605, National Official Register of Business Entities (REGON) number: 221205870.

    The capitalized terms shall have the meaning ascribed to them in the Terms of Use of this Mobile Application.

    Personal data collected by the Administrator of the Mobile Application are processed in accordance with the Regulation of the European Parliament and of the Council (EU) 2016/679 of 27/04/2016 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 L 119, p. 1), (hereinafter: the GDPR).

    The Administrator of the Mobile Application takes the utmost care to protect the privacy and the information provided thereto and related to Users of the Mobile Application. The Administrator selects and applies appropriate technical measures, including programming and organizational measures, to ensure protection of personal data being processed, in particular to secure the data against access by unauthorized entities, disclosure, loss and destruction, unauthorized modification, as well as illegal processing.

    The Services available in the Application are not addressed to children under 16 years of age. The Administrator of the Mobile Application does not plan to intentionally collect data on children under 16 years of age.

    PERSONAL DATA
    PERSONAL DATA CONTROLLER

    Your Personal Data Controller is:

    Michał Brzeziński IQSC Solutions
    ul. Powstania Styczniowego 19,
    81-519 Gdynia.

    You may contact the Personal Data Controller in matters related to your personal data by:

    electronic mail via: data.protection@clicktrans.com,

    traditional mail addressed to: ul. Powstania Styczniowego 19, Gdynia (81-519),

    phone number: +48 793 923 723.

    THE PURPOSE AND THE LEGAL BASIS FOR PERSONAL DATA PROCESSING

    The Personal Data Controller processes your personal data for the following purposes and in the following scope:

    - to perform the Agreement for the provision of the Application’s Services and share to use the Application’s functionalities that require logging into the Account, i.e. access to Services and functionality, including in particular logging into the Account, conclusion of Contracts for the provision of the Transport Service, submitting Offers and answers to the Listings added in as part of a Quick Deal, we process personal data provided by you in the Account and as part of forms and data on your activity in the Application, i.e. data on the Services you are browsing, as well as data on the session, your device and operating system, browser and unique Device ID , IP address and MAC. If you have enabled consent to share the location of your Device in the Application, we also collect information about your location in order to enable you to search, sort and provide you with recommendations regarding Services and Orders. Providing some data is a condition for using individual Services and functionalities (mandatory data). Our system automatically marks mandatory data. The consequence of not providing this data is our inability to provide certain Services and functionalities. In addition to data marked as mandatory, providing other personal data is voluntary;

    - to conduct statistics of the usage of particular functionalities available in the Application, to facilitate the use of the Mobile Application and to ensure IT security of the Mobile Application, we process personal data regarding your activity in the Mobile Application, your search history, location, IP address, device ID and MAC, data regarding to your Device and operating system;

    - to determine, investigate and enforce claims and defend against claims in court proceedings and before other enforcement authorities, we may process your personal data provided upon registration in the Mobile Application, ordering services and other data which may be necessary to prove the existence of the claim or which result from the legal requirement, court order or other legal procedure;

    - to resolve complaints, claims and requests and to answer Users’ requests, we process the personal data provided by you in contact form, complaints, claims and requests, or to answer questions in another form, but also given in your Account, as well as data related the Services being subject of the complaint claim or request, and the data included in documents attached to complaints, claims and requests;

    - for market research and opinion polling by us or our partners, i.e. information about services, your data provided in the Account or when using the services, e-mail address. We do not use data collected under market research and opinion polls for advertising purposes. The exact guidelines are included in information about a given survey or in a place of your data entering;

    - for marketing of our Services and services of our partners, including remarketing, we process personal data provided by you in your Account, data related to your activity in the Mobile Application including activity recorded and stored, in particular the history of activity, ordered services, search history, login and sign-up data and history of your activity related to our communication with you. For remarketing, we use data about your activity in order to reach you with our marketing messages apart from the Mobile Application, and for this purpose we use the services of external suppliers. These are based on displaying our messages on web pages other than within the Mobile Application. Further details are available in provisions regarding Cookies;

    - organizing contests, notification of winning and advertising our offer, we use your personal data provided in the Account and when registering for the competition. Detailed information on this subject is given each time in the terms of participation of a given competition.

    CATEGORIES OF PERSONAL DATA CONCERNED

    The Personal Data Controller processes the following categories of personal data concerned:
    - data regarding contact details;
    - data regarding the activity in the Mobile Application;
    - data regarding ordered and executed Services in the Application;
    - data regarding Devices used by the User;
    - localization data;
    - data regarding complaints, claims and requests;
    - data on marketing services.

    VOLUNTARY PERSONAL DATA

    Providing the required personal data by the User is voluntary and is a necessary condition for the provision of services by the Personal Data Controller via the Application.

    DATA PROCESSING TIME

    Personal data will be processed for the period necessary to execute Services, carry out marketing activities and provide other services for the User.

    Personal data will be removed in the following cases:
    - when the data subject asks for their removal or withdraws his/her consent;
    - when the data subject does not take action for more than 10 years (inactive contact);
    - after receiving information that the stored data are out of date or inaccurate.

    Some data, including: e-mail address, name and surname, may be stored for the next 5 years for evidence purposes, for consideration of complaints and claims related to Services provided by the Mobile Application – these data will not be used for marketing purposes.

    Data regarding to paid Services will be kept for 5 years from the date of the end of the tax year, in which has taken place an execution of the Order, the Service or another causality mentioned above.

    Data regarding to non-logged Users are stored for a period of time corresponding to the lifecycle of cookies stored on the devices or until they are deleted by the User on the User's device.

    Your personal data regarding preferences, behaviours and selection of marketing content may be used as a basis for making automatic decisions to determine the sales possibilities of the Mobile Application.

    PERSONAL DATA RECIPIENTS

    We transfer your personal data to the following categories of recipients:

    - Customers: they define themselves the purposes and method of processing of this data, without being subject to our instructions in this regard;

    - state authorities, e.g. prosecutor's office, Police, President of the Office of Personal Data Protection, President of the Office of Competition and

    - Consumer Protection, if they request so;

    - service providers that we use to run the Mobile Application, e.g. to execute an order. Depending on contractual arrangements and circumstances, these entities act on our behalf or define the purposes and methods of data processing by themselves. The list of suppliers: Wykaz dostawców:

    SUBJECT

    AIM

    Google Ireland based in Ireland

    Google Analytics - creating statistics that help to understand how Users use the Application, which allows improving its structure and content

    OVH sp. z o.o. based in Poland

    Server Hosting

    IQ PL sp. z o.o. based in Poland

    Hosting

    Quality Unit, s.r.o based in Slovakia

    Using tool liveagent.com for customer service (online chat, email messages)

    OneSignal, Inc. based in the USA

    Sending push notification to the Users, who enabled such notifications

    Smartsupp.com s.r.o. based in Czechia

    SMARTLOOK tool - to monitor User’s behaviours to improve the Application and its user experience

      Our suppliers have seat mainly in Poland and other member countries of the European Economic Area (EEA), and also seat out of the EEA’s territory. Your personal data transferring outside the EEA’s shall be protected by appropriate legal safeguards so that our suppliers guarantee a high level of personal data protection. These guarantees arise in particular from the obligation to use standard contractual clauses adopted by the Commission (EU) or to participate in the “Privacy Shield” program established by Commission Implementing Decision (EU) 2016/1250 of 12 July 2016 on the adequacy of the protection provided through the EU-US Privacy Shield.

      RIGHTS OF THE DATA SUBJECT

      Based on the GDPR, you have the right to:

      - request access to your personal data;

      - request rectification of your personal data;

      - request erasure of your personal data;

      - request restriction of personal data processing;

      - object to the processing of personal data;

      - request portability of personal data.


        Personal Data Controller will provide you, without undue delay – and in any case within one month of receiving the request, with information about actions taken in connection with your request. Before mentioned one month period may be extended by two further months where necessary, taking into account the complexity and number of the requests.

        In any event, the Personal Data Controller will inform you of such extension within one month of receiving the request, giving the reasons for the delay.

        THE RIGHT OF ACCESS TO PERSONAL DATA (ARTICLE 15 OF THE GDPR)

        You have the right to obtain from the Personal Data Controller confirmation as to whether your personal data are being processed.

        If the Personal Data Controller is processing your personal data, you have the right to:

        - acquire access to personal data;

        - obtain information about the purposes of processing, categories of personal data being processed, data recipients or categories of recipients, the envisaged period for which the personal data will be stored or the criteria used to determine that period, information about your rights under the GDPR and the right to lodge a complaint with the supervisory authority, about data source, automated decision-making, including profiling, and security measures used in connection with the transfer of these data outside the European Union;

        - obtain a copy of your personal data.

        If you want to request access to your personal data, please submit your request via email: data.protection@clicktrans.com.

        THE RIGHT TO PERSONAL DATA RECTIFICATION (ARTICLE 16 OF THE GDPR)

        If your personal data are inaccurate, you have the right to request the Personal Data Controller to immediately rectify your personal data.

        You also have the right to request the Personal Data Controller to complete your personal data.

        If you want to request the rectification or completion of your personal data, please submit your request via email: data.protection@clicktrans.com.

        If you have registered on the Mobile Application, you can rectify and complete your personal data by logging in to the Mobile Application.

        THE RIGHT TO ERASURE OF PERSONAL DATA, SO-CALLED "RIGHT TO BE FORGOTTEN" (ARTICLE 17 OF THE GDPR)

        You have the right to request the Personal Data Controller to erase your personal data when:

        - your personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed;

        - you have withdrawn your specific consent to the extent to which personal data were processed based on your consent;

        - your personal data have been unlawfully processed;

        - you have objected to the processing of your personal data for the purpose of direct marketing, including profiling, to the extent to which the processing of personal data is related to direct marketing;

        - you have objected to the processing of your personal data in connection with the processing necessary to perform the task carried out in the public interest or processing necessary for purposes arising from legitimate interests pursued by the Personal Data Controller or a third party.

        Despite submitting a request to erase personal data, the Personal Data Controller may process your data further for the establishment, exercise or defence of legal claims, about which you will be informed.

        If you want to request erasure of your personal data, please submit your request via email: data.protection@clicktrans.com.

        THE RIGHT TO SUBMIT A REQUEST TO RESTRICT THE PROCESSING OF PERSONAL DATA (ARTICLE 18 OF THE GDPR)

        You have the right to request restriction of your personal data processing when:

        - you contest the accuracy of your personal data – the Personal Data Controller will restrict the processing of your personal data for a period allowing to verify data accuracy;

        - the processing of your personal data is unlawful, but you oppose their erasure and request the restriction of their use instead;

        - your personal data are no longer needed for the purposes of the processing, but they are required for the establishment, exercise or defence of your legal claims;

        - you have objected to the processing of your personal data – pending the verification whether the legitimate grounds of the Personal Data Controller override your grounds mentioned in your objection.

        If you want to request restriction of your personal data processing, please submit your request via email: data.protection@clicktrans.com.

        THE RIGHT TO OBJECT TO PERSONAL DATA PROCESSING (ARTICLE 21 OF THE GDPR)

        You have the right to object at any time to the processing of your personal data, including profiling, in connection with:

        the processing necessary to perform the task carried out in the public interest or processing necessary for purposes arising from legitimate interests pursued by the Personal Data Controller or a third party;

        processing for direct marketing purposes.

        If you want to object to the processing of your personal data, please submit your objection via email: data.protection@clicktrans.com.

        THE RIGHT TO REQUEST THE PERSONAL DATA PORTABILITY (ARTICLE 20 OF THE GDPR)

        You have the right to receive from the Personal Data Controller your personal data in a structured, commonly used and machine-readable format and to transmit them to another personal data controller.

        You may also request the Personal Data Controller to transmit your personal data directly to another controller (if it is technically possible).

        If you want to request the personal data portability, please submit your request via email: data.protection@clicktrans.com.

        THE RIGHT TO WITHDRAW CONSENT

        You may withdraw your consent to the processing of your personal data at any time.

        Withdrawal of consent to the processing of personal data does not affect to the legality of processing based on your consent before its withdrawal.

        If you want to withdraw your consent to the processing of your personal data, please submit your request via email: data.protection@clicktrans.com or use appropriate functionalities in the Account.

        COMPLAINT TO THE SUPERVISORY AUTHORITY

        If you believe that the processing of your personal data violates the GDPR, you have the right to lodge a complaint with the supervisory authority, in particular in the Member State of your habitual residence, your place of work or place of the alleged infringement.

        In Poland, the President of the Personal Data Protection Authority is the supervisory authority within the meaning of the GDPR.

        COOKIES AND LOCAL STORAGE / SESSION STORAGE POLICY         IN CLICKTRANS MOBILE APPLICATION

        Cookie files may be used in Clicktrans Mobile Application (hereinafter: “Cookies”). The Application may also use Local Storage and Session Storage technologies.

        The rules of using Cookies as well as Local Storage and Session Storage technologies are regulated in this document.

        COOKIES

        GENERAL INFORMATION ABOUT COOKIES

        While browsing the pages in the Application, Cookies are used, i.e. small text files stored in your terminal device in connection with the use of the Mobile Application. Their use is aimed to ensure correct operation of the Application.

        These files allow to identify the software that you use and tailor the Mobile Application to meet your individual needs.

        Cookies usually contain the name of the domain from which they originate, their storage time on the device and the assigned value.

        SECURITY

        The cookies we use are safe for your devices. In particular, it is not possible for viruses or other unwanted or malicious software to get into your devices through cookies.

        The Cookies mechanism we use does not allow the collection of any personal data or any confidential information from your device.

        Cookies are stored on your device and remain there until you delete them.

        OBJECTIVES

        We also use third-party cookies for the following purposes:

        - to compile statistics – that help to understand how the Users use the Mobile Application, which allows to improve its structure and content through analytical tools of Google Analytics – by Google Ireland Ltd. based in Ireland. Google’s Privacy policy is available here:

        - http://www.google.com/intl/pl/policies/privacy/,

        - http://www.google.com/intl/pl/policies/privacy/partners/;

        - to monitor User’s behaviour with SMARTLOOK tool – provided by Smartupp.com s.r.o. based in Czechia. Smartsupp’s Privacy policy is available here:

        - https://help.smartlook.com/en/articles/3244452-privacy;

        - to send push notification to the Users, who turned on those notification form using OneSignal tool – provided by OneSignal Inc. based in USA. OneSignal’s Privacy Policy is available here:

        - https://onesignal.com/privacy_policy.
        To learn the rules of using Cookies, we recommend reading the privacy policies of the aforementioned companies.

        Cookies may be used by advertising networks, in particular by Google network, to display advertisements tailored to your preferences. For this purpose, information about your web trends or time of using the web page can be saved.

        To view and edit information about your preferences collected by the Google’s advertising network, you can use the tool available at
        https://www.google.com/ads/preferences/.

        LOCAL STORAGE / SESSION STORAGE

        GENERAL INFORMATION ABOUT LOCAL STORAGE / SESSION STORAGE

        During the use of the Services and the functionality of the Mobile Application, the Application may use Local Storage and Session Storage technologies to save on Your Device files created by You, facilitating and accelerating the correct operation of the Application. The files stored in Local Storage primarily allow: identification of the software used on your Device, individualization of the Application system to the needs of the Services offered in our Application, maintenance of the login session as well as keeping statistics of the use of the Application in order to further develop the Application.

        SECURITY

        Local Storage and /or Session Storage technologies used in our Application are safe for devices. In particular, it is not possible to get viruses or other unwanted software or malware onto them.

        OBJECTIVES

        We use Local Storage and/or Session Storage in particular to adapt our Application, including the content displayed (including advertising) to your Device, preferences as well as needs. For this purpose, information about the way you navigate in the network, in the Application or when using the Application may be stored.

        DELETION OF SAVED COOKIES AND FILES AT LOCAL STORAGE AND/OR SESSION STORAGE

        Cookies saved and used by us as well as files saved in Local Storage and/or Session Storage are deleted when you remove (uninstall) the Application, performed in accordance with the messages in the Application and the preferences of the Mobile Device you use.