EthyMaps Privacy and Cookies Policy
1. GENERAL INFORMATION
1.1 This Privacy and Cookies Policy sets out the principles for the processing and protection of personal data, the use of cookies and other technologies in connection with the use of the EthyMaps Service by Users through the Website and the Application.
2. DEFINITIONS
2.1 Capitalized terms used in the Privacy and Cookies Policy shall mean:
2.1.1 Controller or Service Provider - Julia Blaisdell conducting business activity JULIA MAFALDA BLAISDELL ETHY with registered office in Warsaw at Mrówcza Street, No. 3A, 04-857 Warsaw, NIP 8222201938, e-mail address: hello@ethymaps.com;
2.1.2 Application - a mobile application called EthyMaps owned by the Service Provider, installed on the User's mobile device (phone or tablet), through which the Website may be accessed; the Application may be downloaded from the Google Play and Apple Store;
2.1.3 Account - the User's account registered on the Website via the Site or Application pursuant to the provisions hereof;
2.1.4 Website - the website www.ethymaps.com and its subpages maintained by the Service Provider, through which the Website may be accessed;
2.1.5 Privacy and Cookies Policy - this Privacy and Cookies Policy; the current version of the Privacy and Cookies Policy is available on the Website (www.ethymaps.com) or in the Application, at any time, in a form that can be obtained, downloaded, saved on the hard drive of a device, reproduced or printed;
2.1.6 Terms and Conditions - the Terms and Conditions of the Website; the current version of the Terms and Conditions is available on the Website (www.ethymaps.com) or in the Application at any time in a form enabling its acquisition, downloading, recording on the hard drive of the device, reproduction or printout;
2.1.7 GDPR - 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;
2.1.8 Service - the EthyMaps service which can be accessed via the Application or the Website;
2.1.9 Services - the services provided electronically by the Service Provider on the Website via the Application or the Website to the Users as described in clause 3 of the Terms of Use;
2.1.10 User - natural person with full legal capacity, legal person or organisational unit without legal personality, who uses the Website;
2.1.11 Unregistered User: User of the Service who does not have a registered Account;
2.1.12 Registered User: User of the Website that has a registered Account.
3. PERSONAL DATA
3.1 To the extent and for the purpose necessary for the performance of the Services offered via the Website, the Service Provider processes the Users' personal data. The Service Provider processes the Users' personal data also for the purpose of recognition of complaints and conduct of any correspondence with the Users.
3.2 Providing personal data is completely voluntary, however, with regard to Services available on the Website, such as the Account registration service and newsletter, it is necessary for their use. Providing personal data is also necessary to consider complaints and to conduct any correspondence with Users. It is important because if we do not have some of the data, we cannot provide the Services to the User - an example would be the necessity of the e-mail address for the provision of the Account Service.
3.3 All personal data provided to the Service Provider by the User shall be processed in a manner compliant with the requirements set forth in the GDPR and in the Polish law.
3.4 The Controller, who is also the Service Provider, is the Controller of the User's personal data within the meaning of GDPR.
3.5 The Controller can be contacted by sending an e-mail to the address: hello@ethymaps.com or by mail to the Service Provider's address.
3.6 Under the terms of this Privacy and Cookies Policy, the Controller may process the following personal data provided by Users:
3.6.1 personal data entered in the Account registration form via the Website or Application;
3.6.2 personal data provided in the form for adding works
3.6.3 personal data entered in the newsletter form;
3.6.4 personal data entered when filing a complaint or in any other correspondence with the Service Provider.
3.7 The Controller shall process the Users' data for the following purposes:
3.7.1 conclusion and performance of an agreement for the provision of Services under the terms and conditions set out in the Regulations, in particular the Account Registration Service via the Website and the Application (legal basis: Article 6(1)(B) GDPR - performance of the agreement); sending the User commercial and marketing information as part of the newsletter service (legal basis: Art. 6(1)(A) GDPR - User's consent); data processing for this purpose takes place only and exclusively with the User's consent, which the User may express in the Newsletter subscription form and may revoke at any time, in the manner specified in the Terms and Conditions;
3.7.2 performance of legal obligations incumbent on the Controller, in particular with regard to accounting, issuing invoices and accounting documents, responding to complaints and ensuring network security in accordance with the provisions in force (legal basis: Art. 6 (1) (C) GDPR - legal obligation);
3.7.3 fulfilment of the Controller's legitimate interests (legal basis: Article 6(1)(f) GDPR - legitimate interest of the Controller) understood as:
3.7.3.1 establishment or assertion of possible claims or defence against such claims by the Controller;
3.7.3.2 detection and prevention of abuse - conducting analyses of User activity on the Website, automatic detection of abuse and incorrect use of the Website;
3.7.3.3 analytical and statistical activities - analyses of User activity on the Website and manner of using the Account, as well as their preferences in order to improve functionality;
3.7.3.4 internal administration of the Controller, in particular maintenance of ICT infrastructure and internal reporting (legal basis: Article 6.1.f GDPR - Controller's legitimate interest).
3.8 The Controller may also collect and process the following data:
3.8.1 location information, used by us to provide location-based services (searching for objects within the Service); this data is collected based on the User's consent (legal basis: Article 6.1.a GDPR); we do not create movement profiles based on this data; consent can be withdrawn at any time by changing the settings of the App's terminal device;
3.8.2 data from web server logs, for example information about the User's computer, such as IP address, operating system and browser type, used to administer the Website and analyse how Users use the Website; this data is collected based on the Controller's legitimate interest (legal basis: Article 6(1)(f) of the GDPR);
3.8.3 data on the use of the Service collected by means of cookies or other similar technologies stored on the User's device; these data are processed on the basis of the Controller's legitimate interests or the User's consent - depending on the type of cookies; principles of collecting and processing cookies, including their types, are described in point 4 below (legal basis: Article 6(1)(a) or (f) of the GDPR).
3.9 The Controller may transfer personal data
3.9.1 to external entities cooperating with the Controller in the provision of the Services in order to enable the provision of the Services, technical support and maintenance of the Website functionality. All entities to which we entrust the processing of personal data guarantee the application of appropriate means of personal data protection and security required by law;
3.9.2 to entities entitled to obtain such data on the basis of applicable law, e.g. to law enforcement authorities in the event of a request made by such authority on an appropriate legal basis (e.g. for the purposes of pending criminal proceedings).
3.10 The Application is available through the platforms offered by so-called application shops (i.e. Google Play and Apple Store). Downloading the Application may involve prior registration in the respective shop. The Controller has no influence on the processing of User data in connection with the registration with and use of these application shops. The operator of the respective app shop is exclusively responsible in this respect. If necessary, information can be obtained directly from the operator of the respective app shop.
3.11 Each User is entitled to:
3.11.1 the right to access personal data concerning him, including to obtain a copy of such data;
3.11.2 The right to request the rectification of personal data concerning him or her or the completion of incomplete personal data;
3.11.3 the right to request erasure or restriction of processing of personal data concerning him/her;
3.11.4 the right to object to the processing of his/her personal data, where the processing is carried out for the legitimate interest of the Controller;
3.11.5 the right to lodge a complaint to the supervisory authority dealing with personal data protection;
3.11.6 in cases where data processing is based on the consent given, the right to withdraw the consent at any time, but without affecting the legality of the processing prior to withdrawal;
3.11.7 The right to portability of personal data that the User has provided to the Controller, e.g. by receiving the User's personal data from the Controller in a structured, commonly used format.
3.12 The above rights may be exercised by sending an email to: user@ethymaps.com or by post to the Service Provider's address, providing all necessary details to enable us to identify the data to which the request relates and to authenticate the requestor in order to confirm the entitlement to make such a request.
3.13 We do not make decisions based on the automated processing of personal data, nor do we profile personal data.
3.14 The Controller may transfer personal data outside the European Economic Area, as our service providers may store Users' data outside the European Economic Area. In such cases, Users' data may be stored in countries that provide an adequate level of protection for personal data, or in countries that do not provide such a level. In the latter case, the Service Provider secures Users' data by means of contracts containing the so-called Standard Contractual Clauses accepted by the European Commission, the purpose of which is to guarantee adequate protection of Users' data in third countries. This may occur e.g. in connection with the fact that we use analytical tools such as Google Analytics and Facebook Pixel.
3.15 Personal data will be processed for a period of time:
3.15.1 in the case of the processing of personal data in the context of the Services provided, for the period required for the performance of the agreement to provide the Services electronically, to comply with applicable laws or for any other period resulting from internal operational requirements, such as properly providing access to the Services, facilitating the management of the relationship with the user or responding to legal claims and enquiries from regulatory authorities, whichever is longer;
3.15.2 in the case of processing of Personal Data on the basis of consent, until you withdraw it;
3.15.3 in the case of processing of personal data on the basis of a legitimate interest, until the legitimate interest is raised against such processing and its consideration by the Controller.
3.16 The Controller shall apply technical and organisational measures ensuring protection of the processed personal data appropriate to the threats and the category of data protected, and in particular, shall protect the data against their disclosure to unauthorised persons, against their taking by an unauthorised person, against their processing in violation of the applicable regulations and against their change, loss, damage or destruction.
3.17 In accordance with applicable law, the Service is not intended for minors, i.e. children under the age of 16. We do not knowingly collect personal information from children under the age of 16. Minors (and in any case, children under the age of 16) should not use the Service without obtaining their parents' consent. If we become aware that a minor child has submitted any personal data without parental consent, we will take steps to delete such data.
4. COLLECTION OF COOKIES
4.1 Our Website may use cookies. Cookies are IT data, in particular text files, installed on User's device. Cookies usually contain the domain name of the website they come from, the time of storing them on the end device and a unique number. Information on cookies also applies to other similar technologies used within the Website.
4.2 In principle, cookies do not constitute personal data. However, certain information stored in cookies (e.g. on preferences), especially when combined with other information about the User, may be treated as personal data. Personal data collected using cookies can only be processed to perform specific functions for the User. Such data is encrypted in such a way that it cannot be accessed by unauthorised persons.
4.3 We use cookies and other similar technologies for the purposes of:
4.3.1 adjusting the content of the Website to the User's preferences and optimising the use of the Website; in particular, these files allow for recognition of the User's device and for appropriate display of the content, adapted to his/her individual needs;
4.3.2 creation of statistics which help to understand how Users use the Website, which enables improvement of its structure and content;
4.3.3 maintaining a User session (after logging in), so that a User does not have to re-enter his/her login and password;
4.3.4 providing Users with advertising content more suited to their interests.
4.4 We divide cookies among others on the basis of the time they are installed in the User's device into
4.4.1 session cookies - which remain on the User's device until the User leaves the Website or switches off the Application; these are mainly technical cookies.
4.4.2 permanent cookies - these cookies shall remain on your device for the time specified in the file parameters or until they are manually deleted by the User.
4.5 Due to the purpose of cookies and other similar technologies, we use the following types of cookies:
4.5.1 essential cookies - these are absolutely necessary for the proper functioning of the Website or the functionalities that the User wants to use, as without them the Service Provider could not provide many of the Services it offers. Some of them also ensure the security of services provided by the Service Provider electronically. As they are absolutely essential, your prior consent is not required; these cookies do not require the User's consent;
4.5.2 functional cookies - making it possible to "remember" the settings selected by the User and to personalize the User's interface, e.g. with regard to the selected language or the region the User comes from, the font size, the appearance of the website and applications, etc.; without them the Website will work correctly, but will not be adjusted to the User's preferences; these cookies are used on the basis of the User's prior consent
4.5.3 statistical cookies - used to count the statistics concerning the Website and the Application; these cookies are used with your prior consent.
4.5.4 advertisement cookies - which make it possible to provide Users with advertising content more suited to their interests; these cookies are used on the basis of the User's prior consent.
4.6 The Website, like most modern websites, uses functions provided by analytical service providers, which involves the use of cookies from third parties. We use Google Analytics and Facebook Pixel. The use of cookies from these programs is based on your consent. You can find more information on how Google and Facebook use your data here:
https://www.google.com/policies/technologies/partner-sites/ https://www.facebook.com/about/privacy/update
4.7 When visiting the Website for the first time, the user has the possibility to give or reject consent to the Controller's use of cookies, with the exception of necessary cookies. If you do not make a choice and proceed to the functionality of the Service, it means that you do not agree to the Controller's use of cookies.
4.8 You may, at any time, withdraw your consent to the use of cookies in your browser settings by blocking new cookies and deleting existing ones.
4.9 The Service uses plugins of social networks (Facebook and Twitter). The plugins allow the User to share content published on the Website with a selected social network. The use of plugins on the Website means that a given social network receives information on the use of the Website by the User and may associate it with the User's profile created on a given social network. The Controller has no knowledge of the purpose and scope of data collection by social networks.
5. CHANGE OF PRIVACY AND COOKIES POLICY
5.1 The Service Provider may change the Privacy and Cookies Policy in the future. It shall each time place a notice of such change on the Website and in the Application. With each change, the new version of the Privacy and Cookies Policy will appear with a new date.
6. FINAL PROVISIONS
6.1 In the event that any of the provisions of the Privacy and Cookies Policy, is or becomes unlawful, invalid, void or voidable or ineffective, this shall not affect the entire legal nature, validity and validity or effectiveness of the remaining provisions of the Privacy and Cookies Policy.
6.2 The Service Provider shall not be liable for non-performance or improper performance of its obligations under the Privacy and Cookies Policy if such non-performance or improper performance of its obligations under the Privacy and Cookies Policy is caused by a Force Majeure event, understood as an extraordinary event, independent of the will and beyond the Controller's control, external, impossible to predict and prevent, which occurred while the Privacy and Cookies Policy was in force.
6.3 In matters not regulated by this Privacy and Cookies Policy, the provisions of the Regulations and other relevant provisions of Polish and EU law shall apply respectively.
