Privacy policy of the Trackoro website and mobile application

1. The owner of the services operating in the trackero.io domain and the Trackero mobile application is Fides Alarm sp. z o.o. with its registered office in Krakow (30-694) at ul. Kosocicka 24b, entered into the register of entrepreneurs of the National Court Register kept by the District Court in Krakow (hereinafter referred to as "TRACKERO").

2. TRACKERO attaches particular importance to respecting the privacy of users of TRACKERO Services. Therefore, we present a document defining the rules and method of collecting, processing and using information about users of TRACKERO Services.

3. As of May 25, 2018, the legal basis for the introduction of this Privacy Policy is 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 GDPR).

PRELIMINARY INFORMATION

1. The data published in TRACKERO Services are for information purposes only and do not constitute an offer within the meaning of the Civil Code, unless a specific Service Regulations expressly states otherwise.

2. TRACKERO has appropriate permits to use the data presented in TRACKERO Services. The use of data from the pages included in the Service for commercial purposes requires the written consent of TRACKERO each time.

3. TRACKERO fully respects the right to privacy and protection of personal data of Users of TRACKERO Services.

4. TRACKERO makes every effort to protect TRACKERO Services against unauthorized access by third parties. For this purpose, firewalls, server security devices, encryption devices and physical security measures are used, among others. Regardless of the above, TRACKERO makes every effort to ensure that personal data is always:

– correct and processed lawfully,

– obtained only for specified purposes and not further processed in a manner inconsistent with these purposes,

– stored for no longer than necessary,

– processed in accordance with the rights of the persons concerned, including the right to object to disclosure,

– not transferred without adequate protection.

PROCESSING OF USERS' PERSONAL DATA

1. Data of users of TRACKERO services are processed by TRACKERO for various purposes depending on the basis of their processing. TRACKERO processes the data of Users of TRACKERO Services in particular:

– In order to perform by TRACKERO its legal obligations, and here resulting from the provisions obliging TRACKERO to keep accounting and tax documentation and settlements of tax and public-law liabilities, from the provisions concerning complaint procedures for Users, or to ensure Users of TRACKERO Services the possibility of safe and lawful use of TRACKERO Services – for the time resulting each time from a specific legal provision – such as the mandatory storage time of documentation for tax purposes, the mandatory storage time of documentation related to the provision of services by electronic means;

– In order to conclude and perform a contract concluded by the User of the TRACKERO Service, including e.g. a contract for the provision of services consisting in the delivery to the User of specific goods or content, such as press materials, newsletter, a contract enabling users of TRACKERO Services to use functionalities enabling the posting of users' own materials in the services, including in the performance of obligations arising from the course of Competitions organized on the TRACKERO Services websites – for the duration of the contract, and after that time only if it is justified by another purpose and legal basis for data processing, e.g. the need to pursue claims under the contract or keep financial and accounting documentation;

– In order to monitor the correctness and security of the operation of TRACKERO services, as well as to provide their Users with technical and service support, including informing about the scope of services provided, failures and security threats – for the time the User uses TRACKERO Services, and after that time only if it is justified by another purpose and legal basis for data processing, e.g. the need to keep documentation regarding the monitoring of compliance with the law on the network;

– In order to prevent abuse and violation of legal provisions when using TRACKERO Services – for the time the User uses TRACKERO Services, and after that time only if it is justified by another purpose and legal basis for data processing, e.g. the need to keep documentation regarding the monitoring of compliance with the law on the network;

– In order to establish, defend and pursue claims due to TRACKERO – for the time necessary to establish and pursue these claims, as well as their enforcement, in particular resulting from the provisions on their limitation period, and after that time only if it is justified by another purpose and legal basis for data processing, e.g. the need to keep financial and accounting documentation;

– For the purpose of direct marketing of own products, as well as carried out on behalf of others, for the duration of the contract or use of TRACKERO services, and on the basis of a separate consent – to the extent and for the time for which it was granted;

– For analytical, research and development purposes, preparing statements, statistics, conducting research, comparative surveys, for TRACKERO's internal needs, e.g. in terms of improving TRACKERO Services and services provided through them; on the basis of separate Regulations and plebiscites for the purpose of conducting research on a specific brand or product – for the duration of the contract or use of TRACKERO services, and on the basis of a separate consent – for the time for which it was granted, and in the case of anonymized data for an indefinite period.

2. TRACKERO processes personal data of Users of TRACKERO Services only when it is lawful, only for the time necessary to achieve a specific processing purpose and only in cases where – and to the extent that – at least one of the conditions described in the paragraphs below is met.

– TRACKERO processes personal data of Users of TRACKERO Services if the data subject has consented to the processing of his or her personal data for one or more specific purposes (legal basis Art. 6 para. 1 point a) of the GDPR).

In this case, giving consent is always voluntary. TRACKERO informs Users each time whether giving consent is necessary to provide any services to the User, or whether the achievement of a specific purpose for which consent is obtained depends on giving it. The User of TRACKERO Services giving consent to the use of the User's personal data is completely voluntary, and such consent may be withdrawn by the User at any time, however, the withdrawal of consent does not affect the lawfulness of processing based on consent before its withdrawal. In the event of withdrawal of consent to data processing, or after the expiry of the period for which it was granted, TRACKERO will have the right to process personal data of the User of TRACKERO services only for the time and to the extent permitted by generally applicable law, including as part of TRACKERO's performance of legal obligations or TRACKERO's legitimate interest. This is, in particular, the legally required obligation to document TRACKERO's activities, or to pursue claims or protect TRACKERO against claims and other negative consequences, e.g. official penalties.

– TRACKERO does not expect Users of TRACKERO Services to provide TRACKERO with so-called sensitive data (data of a special nature, revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, and processing of genetic data, biometric data for the purpose of uniquely identifying a natural person or data concerning health, sexuality or sexual orientation of that person), or to consent to their processing.

However, if the User decides to provide and/or publish such data, which may occur, for example, by assigning to the User's own account an image identifying the User or by voluntarily providing such data by the User during discussions on forums, the User thereby consents to their processing to the extent and for the purpose for which he or she posted them on the service and published them (legal basis Art. 9 para. 2 point a) of the GDPR). TRACKERO does not process such data for any other purpose or in any other way.

– TRACKERO processes personal data of Users of TRACKERO Services if 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 (legal basis Art. 6 para. 1 point b) of the GDPR).

In this case, TRACKERO processes Data of Users of TRACKERO Services both before concluding a contract (including a contract for the provision of services by electronic means): e.g. in order to prepare a specific offer for the User during the conclusion and duration of the contract; to the extent necessary for the proper performance of the contract, including for the performance and enforcement of the obligations incumbent on the Parties, for handling complaints, and after its termination, it may process them only on another legal basis, for the purpose and only for the time and to the extent permitted by generally applicable law, including as part of TRACKERO's performance of legal obligations or TRACKERO's legitimate interest, which is, in particular, the legally required obligation to document TRACKERO's activities, or to pursue claims.

– TRACKERO processes personal data of Users of TRACKERO Services if processing is necessary for compliance with a legal obligation to which TRACKERO is subject (legal basis Art. 6 para. 1 point c) of the GDPR).

In this case, the scope of such an obligation, the detailed legal basis for such processing, its purpose and processing period are indicated each time by specific legal provisions, such as provisions on the obligation to store documentation, inform authorized services and authorities about violations of the law.

– TRACKERO processes personal data of Users of TRACKERO Services if processing is necessary to protect the vital interests of the data subject or of another natural person (legal basis Art. 6 para. 1 point d) of the GDPR).

In this case, TRACKERO stores, for example, data whose loss could have negative consequences for the User of TRACKERO Services, such as evidence of payments made by the User (for paid services), in the event of attempts to use TRACKERO Services resources to violate the rights and property of the User or other persons.

– TRACKERO processes personal data of Users of TRACKERO Services if processing is necessary for the purposes of the legitimate interests pursued by the Administrator 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 (legal basis Art. 6 para. 1 point f) of the GDPR).

In this case, TRACKERO processes data, for example, for the purpose of direct marketing, establishing and pursuing our claims, ensuring the efficiency of TRACKERO Services for analytical and research purposes. However, in no case do we process data of persons under 16 years of age in this regard, unless their legal guardian or legal representative expressly consents to such processing.

3. Fides Alarm sp. z o.o. with its registered office: ul. Kosocicka 24b, 30-694 Krakow, entered into the register of entrepreneurs of the National Court Register kept by the District Court for Krakow in Krakow under KRS number: 0000530678, NIP: 6793105322, REGON:123243233 with regard to personal data of users of TRACKERO Services is the Administrator of personal data within the meaning of the GDPR. Personal data are stored and processed by TRACKERO at the place of business activity by TRACKERO or an entity processing data on its behalf, with appropriate security measures meeting the requirements of the law.

4. Providing personal data by Users is voluntary, however, some data may be provided automatically through the settings of the User's IT devices and tools used to use TRACKERO Services. TRACKERO informs the User of TRACKERO Services each time which data are necessary to perform specific services or a contract for him. TRACKERO does not require Users to provide data of a special nature.

RIGHTS OF USERS OF TRACKERO SERVICES RELATED TO DATA PROCESSING

TRACKERO reserves the right to change this Privacy Policy by publishing changes in the text or publishing its new text. The changes become effective 14 days after they are made available.