Owner and Data Controller
Performante sp. z o.o.
plac Europejski 1
00-844, Warsaw, Poland
NIP: 5213672097
Owner contact email: privacy@performante.com
Types of Data collected
The Website collects the following Personal Data Website: Name
- Email
- Mobile phone number
- Address
- Work Address
- Employer’s name
- Tax ID number
These categories of data are collected directly from Users. We also collect certain data automatically when you use the Website, such as information collected through Cookies, Usage Data and unique device identifiers for advertising (Google Advertiser ID or IDFA, for example).
Provision of your personal data through contact form is mandatory and failure to provide this Data will make it impossible for us to contact you.
Mode and place of processing the Data
Methods of processing
The Owner takes appropriate security measures to prevent unauthorized access, disclosure, modification, or unauthorized destruction of the Data.
The Data processing is carried out using computers and/or IT enabled tools, following organizational procedures and modes strictly related to the purposes indicated. In addition to the Owner, in some cases, the Data may be accessible to certain types of persons in charge, involved with the operation of this Website (administration, sales, marketing, legal, system administration) or external parties (such as third-party technical service providers, mail carriers, hosting providers, IT companies, communications agencies) appointed, if necessary, as Data Processors by the Owner.
Legal basis of processing
The Owner processes Personal Data relating to Users based on the following legal bases:
- provision of Data is necessary for the purpose of conclusion and performance of an agreement with the User;
- processing is necessary for the purposes of the legitimate interests pursued by the Owner or by a third party – in particular we pursue our legitimate interest in direct marketing of our services.
In any case, the Owner will gladly help to clarify the specific legal basis that applies to the processing, and in particular whether the provision of Personal Data is a statutory or contractual requirement, or a requirement necessary to enter into a contract.
Place
The Data is processed at the Owner’s operating offices and in any other places where the parties involved in the processing are located.
We seek to process your Personal Data in the territory of the EU. However, in the event that the Owner transfers User data outside the EU, the owner will ensure that appropriate safeguards are in place (such as an agreement based on Standard Contractual Clauses). In such an event, Users are entitled to learn about the legal basis of Data transfers to a country outside the European Union and about the security measures taken by the Owner to safeguard their Data.
Retention time
Personal Data shall be processed and stored for as long as required by the purpose they have been collected for.
Therefore:
- Personal Data collected for purposes related to the performance of a contract between the Owner and the User shall be retained until such contract has been fully performed and afterwards, if it is necessary for exercising of defense against legal claims (based on an applicable retention period).
- Personal Data collected for the purposes of the Owner’s legitimate interests shall be retained as long as needed to fulfill such purposes. Users may find specific information regarding the legitimate interests pursued by the Owner within the relevant sections of this document or by contacting the Owner.
The Owner may be allowed to retain Personal Data for a longer period whenever the User has given consent to such processing, as long as such consent is not withdrawn. Furthermore, the Owner may be obliged to retain Personal Data for a longer period whenever required to do so for the performance of a legal obligation or upon order of an authority.
Once the retention period expires, Personal Data shall be deleted. Therefore, the right to access, the right to erasure, the right to rectification and the right to data portability cannot be enforced after expiration of the retention period.
The purposes of processing
We process your personal data for the purpose of:
- providing services to you;
- general marketing purposes: (i) responding to your query (ii) sending you marketing e-mails and contacting you telephonically, provided that you consented to such forms of communication;
- defence against and exercise of potential legal claims;
- analytical purposes (improving the functioning of the Website based on your usage)
- customer feedback collection
- enforce T&C
- processing payment
- targeted advertising
- manage customer order.
If we want to use your information for any other purpose, we will ask you for consent and will use your information only on receiving your consent and then, only for the purpose(s) for which grant consent unless we are required to do otherwise by law.
We may also disclose your personal information for the following: (1) to comply with applicable law, regulation, court order or other legal process; (2) to enforce your agreements with us, including this Privacy Policy; or (3) to respond to claims that your use of the Service violates any third-party rights. If the Service or our company is merged or acquired with another company, your information will be one of the assets that is transferred to the new owner.
The rights of Users
Users may exercise certain rights regarding their Data processed by the Owner.
In particular, Users have the right to do the following:
- Withdraw their consent at any time. Users have the right to withdraw consent where they have previously given their consent to the processing of their Personal Data.
- Object to processing of their Data. Users have the right to object to the processing of their Data if the processing is carried out based on legitimate interest. Further details are provided in the dedicated section below.
- Access their Data. Users have the right to learn if Data is being processed by the Owner, obtain disclosure regarding certain aspects of the processing and obtain a copy of the Data undergoing processing.
- Verify and seek rectification. Users have the right to verify the accuracy of their Data and ask for it to be updated or corrected.
- Restrict the processing of their Data. Users have the right, under certain circumstances, to restrict the processing of their Data. In this case, the Owner will not process their Data for any purpose other than storing it.
- Have their Personal Data deleted or otherwise removed. Users have the right, under certain circumstances, to obtain the erasure of their Data from the Owner.
- Receive their Data and have it transferred to another controller. Users have the right to receive their Data in a structured, commonly used and machine-readable format and, if technically feasible, to have it transmitted to another controller without any hindrance. This provision is applicable provided that the Data is processed by automated means and that the processing is based on the User’s consent, on a contract which the User is part of or on pre-contractual obligations thereof.
- Lodge a complaint. Users have the right to bring a claim before their competent data protection authority.
Details about the right to object to processing
Where Personal Data is processed the purposes of the legitimate interests pursued by the Owner, Users may object to such processing by providing a ground related to their particular situation to justify the objection.
Users must know that, however, should their Personal Data be processed for direct marketing purposes, they can object to that processing at any time without providing any justification. To learn, whether the Owner is processing Personal Data for direct marketing purposes, Users may refer to the relevant sections of this document.
How to exercise these rights
Any requests to exercise User rights can be directed to the Owner through the contact details provided in this document. These requests can be exercised free of charge and will be addressed by the Owner as early as possible and always within one month.
Our use of cookies and similar technologies
- In order to improve the operation of our site, we use cookies, web beacons, device fingerprinting and similar technologies. We also make use of Google Analytics tools.
- Cookies are the small text files / fragments of text that the Website sends to the browser and which are sent back by the browser at the next entrances to the website, for the purpose of keeping the browser session or storing user page data.
- Web beacons (also known as pixel tags) are transparent image files used to monitor your journey around the Website and the way you interact with the Website and its content.
- Google Analytics is a tool we use in order to calculate visits to our website, check which functionalities of our website are used most and improve the operation of the Website.
- Device fingerprinting is a technology which allows us to collect information about your device (what browser or operating system you use, plug-ins, time zone, other settings). We use this information to identify you and to ensure security of our website.
- Exclusion or limitation of the use of cookies and other similar technologies may affect the functionality of the Website.
- The following types of cookies are used by the Website – ‘session cookies’ which are erased when the user logs out or closes the browser and ‘persistent cookies’ which remain on the user’s device for a pre-defined period of time or until the user deletes them manually.
- The Website uses cookies for statistical purposes, to adapt the website content, performance and structure to users’ individual preferences, to provide users with advertising content adapted to their preferences. Cookies and web beacons for ads targeting purposes can be linked to other online services, such as Facebook. Please note that cookies may collect personal information to enhance the site’s functionality. Such data is stored in encrypted form and the access to them is limited.
- Cookies that are used by third parties via the Website, including in particular the users of the website, are subject to their own privacy policy.
- Handling and use of “cookies” is not allowed automatically. However, these settings can be changed at any time. For details on how cookies are handled and used, see the settings of your web browser. You can learn more about cookies and similar technologies and check how to disable them for the browser you use by visiting the following website: http://www.allaboutcookies.org.
- If you wish to learn more about Google Analytics tools and your privacy, please visit the following site: https://support.google.com/analytics/answer/6004245?hl=en. You can also opt out from Google Analytics by installing a browser add-on available here: https://tools.google.com/dlpage/gaoptout?hl=en-GB.
Legal action
The User’s Personal Data may be used for legal purposes by the Owner in Court or in the stages leading to possible legal action arising from improper use of this Website.
The User declares to be aware that the Owner may be required to reveal personal data upon request of public authorities.
In addition to the information contained in this privacy policy, this Website may provide the User with additional and contextual information concerning particular services offered by the Owner or the collection and processing of Personal Data upon request.
System logs and maintenance
For operation and maintenance purposes, this Website and any third-party services may collect files that record interaction with this Website (System logs) use other Personal Data (such as the IP Address) for this purpose.
More details concerning the collection or processing of Personal Data may be requested from the Owner at any time. Please see the contact information at the beginning of this document.
Changes to this privacy policy
The Owner reserves the right to make changes to this privacy policy at any time by giving notice to its Users on this page and possibly within this Website and/or - as far as technically and legally feasible - sending a notice to Users via any contact information available to the Owner. It is strongly recommended to check this page often, referring to the date of the last modification listed at the bottom.
Should the changes affect processing activities performed on the basis of the User’s consent, the Owner shall collect new consent from the User, where required.
Definitions and legal references
Latest update: June 15, 2023
