PRIVACY POLICY

I. General information 

This Policy has been issued by the Personal Data Controller SMART KID S.A., with its registered office at ul. Żeromskiego 1 m 586, 01-887 Warszawa, NIP [tax identification number]: 1182119255 (hereinafter referred to as PDC or Controller) and is addressed to all users (hereinafter referred to as "Users") of our website (hereinafter referred to as the "Site").   

The PDC's contact details are provided in Section XII below. 

This Policy may be amended and updated to reflect changes in the Controller's Personal Data Processing practices or changes in applicable law. We encourage you to read this Policy carefully and to check this page regularly to review any amendments that Controller may make in accordance with the provisions of this Policy. 

II. Processing of Users' Personal Data

Acquisition of Personal Data: PDC may acquire Personal Data of Users, such as name, surname and contact details, including e-mail address. The Controller may collect Personal Data of Users, in particular, in the following situations:

the provision of Personal Data by Users (e.g. contact by email, telephone, contact form or any other means);

acquisition of Users' Personal Data as a result of a business relationship / conclusion or performance of a contract (e.g. purchase of a service or product from the Controller by a User);

acquisition of Users' Personal Data published on social media (e.g. acquisition of information from Users' social media profile, to the extent that such information is displayed as public);

acquisition of Personal Data from third parties (e.g. from contractors, from financial intermediaries, from law enforcement entities, including administrative authorities or courts, etc.); 

acquisition or requesting Users to provide Users' Personal Data, when they visit the Controller's sites or use any features or resources available on or through the Site. When Users visit the Site, Users' devices and browsers may automatically provide certain information (such as device type, operating system, browser type, browser settings, IP address, language settings, dates and times of connection to the Site and other technical information regarding communications), some of which may constitute Personal Data. During a visit to the Site, no Personal Data of Users will be stored by the Controller, without the prior express consent of the Users. However, the temporary storage of log files and cookies facilitates the use of our Site. For this reason, Users are requested to grant the relevant consent on our Site. The granting of the aforementioned consent is optional and does not affect the possibility of using the Site. In some cases, without such consent, the ability to use our Site may be limited to some extent.

Personal Data Processed: The categories of Users' Personal Data processed by PDC may include, in particular:

Personal Data: first name(s), surname(s), first name used, gender, date, photo.

Contact data: delivery address, telephone number, email address, social media profile details.

Payment details: billing address, bank account number, name of bank account holder, account security details. 

Communication content: all communications, queries, statements, reviews and opinions about us sent by Users or published on social media or through the Site.

Processing of personal data on social media: PDC uses Fanpage-type profiles on social media. Public data shared by social media users may be used:

to respond to private messages that are addressed to us,

to discuss in the comments section of individual posts,

to share our posts with people who follow our Fanpage,

for the marketing of our services and ourselves in the form of posts on our Fanpage, including sponsored posts that are displayed to a wider range of users,

for statistical purposes: to present data on the visibility of our posts, their reach, the number of interactions, the demographics of our followers; the data presented to us by the owners of social networks is statistical, but is created on the basis of their observation of your behaviour on our Fanpage.

On our websites we currently use redirects to the following social networks: 

1. facebook, 

2. instagram, 

3. tiktok,

4. princelest,

5. linkedin.

Legal bases for the Processing of Personal Data: When Processing Users' Personal Data for the purposes indicated in this Policy, the Controller may invoke one or more of the following legal bases, as applicable: 

The Processing is based upon the User's prior voluntary, specific, informed and unambiguous consent to the Processing;

The Processing is necessary for the performance of the agreement that the User has entered into or intends to enter into with the Controller;

The Processing is necessary for the fulfilment of a legal obligation incumbent on the Controller;

The Processing is necessary to protect the vital interests of any natural person;

The Processing is necessary for the management, operation and promotion of the Controller's business and does not harm the interests or fundamental rights and freedoms of the User. 

Purposes of Personal Data Processing: The purposes for which the Controller may process Users' Personal Data are as follows:

Administrator's Site: to operate and manage our Site, to present its content; to publish advertisements and other promotional and marketing information; to communicate and interact with customers and suppliers, as well as potential employees or collaborators, through our Site.

Offering the Controller's products and services to Users: presenting our Site and other services to Users; providing promotional materials at the Users' request; communication related to the Controller's services.

Marketing communication: presenting by any means (including email, telephone, text message, social media, post and personal contact) messages and other information that may be of interest to the Users, including the distribution of newsletters and other commercial information, after obtaining the Users' prior consent to be sent information in a relevant manner, based on generally applicable legislation.

Communications and IT operations: managing communication systems, acting for IT security purposes and IT security audits.

Financial management: sales, finance, audit and sales management.

Research: engaging Users to obtain information on Users' opinions of the Controller's products and services.

Improving our products and services: identifying problems with existing products and services; planning improvements to existing products and services; and creating new products and services. 

III. Sharing Personal Data with third parties 

The Controller may share Users' Personal Data with:

Administrative or judicial authorities, at their request, in order to inform them of actual or suspected violations of applicable law;

Auditors, lawyers, PR agencies, subject to confidentiality obligations under a contract or applicable law; 

Third parties processing the entrusted data on behalf of the Controller, irrespective of their place of establishment, in accordance with the requirements contained in this Section III below;

Any entity competent for the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal measures, including safeguarding and countering threats to public security;

Any transferee, in the event of a sale or transfer of any organised part of the Controller or shares in the share capital of the Controller (including in the event of reorganisation, dissolution or liquidation).

Notwithstanding the above, the Site may use plugins or content presented by third parties. If Users choose to use them, Users' Personal Data may be shared with third parties or social media platforms. The Controller hereby recommends reading the privacy policy of the third party before using its plugins or content. 

If we engage a third party to Process Users' Personal Data, pursuant to a Processing Entrustment Agreement with such third party, the Processor shall: (i) process only the Personal Data indicated in the prior written instructions of the Controller; and (ii) apply all measures to protect the confidentiality and security of the Personal Data and ensure compliance with all other requirements of generally applicable provisions of law. 

The Entity Processing the Users' Personal Data obtained through the Site is SMART KID S.A., which is the creator of the Site. Technical support services in connection with the use of the Site are provided by AIOline.pl Sp. z o.o. This entity stores and processes Users' Personal Data collected in the course of using the Site by Users. The Processor ensures the full security of the Users' Personal Data by using appropriate and latest technical and organisational measures. The Processor may not use the Users' Personal Data provided to it for purposes other than those for which it was entrusted with such data by the Controller. 

IV. International transfer of Personal Data

At present, the Controller does not transfer and does not intend to transfer any Users' Personal Data to any third countries that are not members of the European Union or to any international organisations. If the need arises, this Policy will be modified and the transfer of Users' Personal Data can only take place on the basis of the standard contractual provisions that the Controller implements prior to the transfer of such Personal Data. In such an event, Users will be entitled to request a copy of the standard contractual provisions applied by the Controller, using the contact details set out in Section XII below. 

V. Data protection

The Controller informs that it has implemented appropriate technical and organisational security measures to protect Personal Data, including in particular safeguards against accidental or unlawful destruction, loss, alteration, unauthorised publication, unauthorised access and other unlawful and unauthorised forms of Processing, in accordance with applicable provisions of law. 

The Controller is not responsible for the actions or omissions of the Users. Users are responsible for ensuring that all Personal Data is sent to the Controller in a secure manner. 

VI. Data accuracy 

The Controller takes all adequate measures to ensure that: 

the Users' Personal Data processed by the Controller is accurate and, if necessary, kept up to date; and

all Users' Personal Data processed by the Controller that is inaccurate (having regard to the purpose for which it is Processed) will be deleted or corrected without undue delay. 

The Controller, at any time, may ask Users about the accuracy of the Personal Data Processed. 

VII. Data minimisation 

The Controller takes all appropriate measures to ensure that the scope of Users' Personal Data it Processes is limited to Personal Data adequately required for the purposes indicated in this Policy. 

VIII. Data storage

The criteria determining the duration of the period for which the Controller retains Users' Personal Data are as follows: the Controller keeps copies of Users' Personal Data in an identifiable form only for as long as is necessary to achieve the purposes indicated herein, unless a longer period of retention of Personal Data is required by generally applicable law. The Controller may, in particular, keep Users' Personal Data for as long as necessary to establish, exercise or defend claims. 

IX. Users' rights

In accordance with the provisions of the General Data Protection Regulation, in relation to Users' Personal Data that is Processed by the Controller, Users enjoy the following rights:

right of access to personal data;

right to rectification of personal data;

right to erasure of personal data;

right to restrict the processing of personal data;

right to personal data portability;

right to object to the processing of personal data;

right not to be subject to a decision based on automated processing.

Where Processing of Personal Data is carried out on the basis of Users' consent, Users are entitled to withdraw their consent at any time without affecting the lawfulness of the Processing carried out on the basis of their consent prior to its withdrawal.

In the event of incorrect Processing of Personal Data, Users have the right to lodge a complaint with the state supervisory authority for data protection, i.e. the President of the Office for Personal Data Protection. 

The foregoing shall not affect the Users' rights under the Acts or other generally applicable provisions of law.

To exercise one or more of your rights or to enquire about these rights or any other provision of this Policy or the Processing of your Personal Data, please contact us using the contact details indicated in Section XII below.  

X. Cookies

The Controller uses the following Sites:

www.smartkidbelt.com

When you use the Site, user data is automatically collected. This data includes: IP address, domain name, browser type, operating system type. This data may be collected by cookies, Google Analytics and may be recorded in server logs.

Cookies are small text files sent to your computer or other end device when you browse the Site. Cookies remember your preferences, which makes it possible to improve the quality of the services provided, to improve search results and the relevance of the information displayed and to personalise the website, to create website statistics.

You may opt out of cookies (or use the appropriate setting for your web browser preferences) by selecting the appropriate settings in your web browser. 

The user gives his/her consent to the storing or accessing of cookies by the Service Provider by reading the message about the use of cookies during his/her first visit to the Site, selecting consent for all cookies or checking selected cookies. The user can change the use of cookies at any time by changing the settings of the browser installed on the user's device.

The Controller uses the following types of cookies:

1. Technical cookies - cookies that are essential to enable users to navigate the Site and use its functions, such as accessing secure areas on the Site.

2. Performance cookies - these collect information about how users use the Site and which parts of the Site they visit most often.

3. Functional files - these record the choices made by users (such as user name, language or the region in which users are located).

The Controller uses Google Analytics, which is a web analytics system providing insight into the Site's traffic used for marketing purposes. 

Third-party social media sites (e.g. Facebook,) may record information about you, for example when you click on the "Add" or "Like" button in relation to a particular social media site while on the Website. The Service Provider does not control third party sites or their activities. Information on the social media sites is available on the respective social media sites.

The Controller uses the data provided by the user or collected automatically:

1. for the proper functioning, configuration, security and reliability of the Site,

2. to monitor session status,

3. to adapt the information displayed to the user's preferences,

4. for analysis, statistics, research and audit of the Site's traffic.

5. For any further questions relating to the use of cookies, please contact us at [email protected]. The rules stipulated in the Cookies Policy are governed by Polish law.

XI. Newsletter

Where Users grant voluntary, specific, informed and unambiguous consent to receive the Controller's newsletter, the Controller may send the Users an electronic newsletter with commercial information for promotional and informational purposes. The Personal Data provided to the Controller in connection with subscribing to the newsletter will be used exclusively for the purposes of sending the newsletter. Users may unsubscribe from the newsletter at any time by using the unsubscribe option included in the newsletter i.e. by using the opt-out link in the footer of the email or by contacting the Controller in any other way.

We will store the Personal Data received from Users only for the abovementioned purpose and for as long as Users subscribe to the newsletter and until Users withdraw their consent to subscribe to the newsletter.

The provision of Users' Personal Data related to the subscription to the newsletter is not required either for legal or contractual reasons, nor is it required for the conclusion of any contract. Therefore, the provision of this data or the consent to receive the newsletter is not mandatory for Users. The consent granted by Users is the sole legal basis for receiving the newsletter (Article 6(1)(a) of the General Data Protection Regulation). In the absence of such consent, the newsletter will not be sent.

XII. Contact details

1. If you have any questions, concerns or comments regarding the information contained in this Policy or any other issues related to the Controller's Processing of your Personal Data, including in order to exercise the rights referred to in Section IX of this Policy, please contact us at the following email address: [email protected].

XIII. Definitions 

Controller means the entity that decides how and for what purposes Personal Data is Processed. The Controller is responsible for the compliance of the processing with applicable data protection law.

Personal Data means any information about any identified or identifiable natural person. Categories of Personal Data that the Controller may process are listed in Section II above.

Process, Processing or Processed means any action with respect to Personal Data, whether or not performed by automated means, such as collecting, recording, organizing, structuring, storing, adapting or altering, retrieving, consulting, using, making available by transmission, disseminating or sharing in any other way, ordering or linking, limiting, deleting or destroying. 

Processor or Processing Entity means any person or entity that Processes Personal Data on behalf of the Controller (other than an employee of the Controller).

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