At a glance

As maintaining the confidentiality of the information, you provide is equally important to us, in this Privacy Policy we set out the purpose and manner of data processing and define our obligations regarding the data entrusted to us.

When you, as an individual, contact us or use our services, whether you are acting on your own behalf or on behalf of another entity (e.g. our client, supplier, etc.), or when we have received your personal data from other sources (e.g. publicly available industry websites or when your data has been disclosed to us as contact details for the purpose of fulfilling contracts), we start processing your personal data. We process all your information responsibly and in accordance with the law.

The following information is intended to explain who we are, how we obtain information and what we do with it in our business, sales and marketing relationships and in relation to contacting us. If anything is not clear to you or is of concern to you, please contact us.

 

I. Glossary – basic terms

1. “The controller” means the natural or legal person, public authority, entity or other body which alone or jointly with others determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union law or Member State law, a controller may also be designated by Union law or Member State law, or specific criteria for its designation may be laid down.
2. “The co-controller” if two or more controllers jointly determine the purposes and means of processing, they are joint controllers.
3. “Personal data” means any information about an identified or identifiable natural person (“data subject”); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of the natural person.
4. “Processing” means an operation or set of operations which is performed upon personal data or sets of personal data, whether or not by automated means, such as collection, recording, organization, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
5. “Recipient of data” means a natural or legal person, public authority, entity or other body to whom personal data are disclosed, whether or not a third party
6. “Consent of the data subject” means a freely given, specific, informed and unambiguous demonstration of will by which the data subject, by means of a statement or a clear affirmative action, consents to the processing of personal data concerning him or her.
7. “Cookies” – means IT data, in particular small text files, recorded and stored on the devices through which the User accesses the Website.
8. “Website” – means the website under which the Administrator operates the Website, operating on the domain www.fabrity.com.
9. “Device” – means the electronic device through which the User accesses the websites of the Website.
10. “User” – means an entity to whom, in accordance with the Terms and Conditions and the law, electronic services may be provided or with whom an Agreement for the provision of electronic services may be concluded.
11. “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 (General Data Protection Regulation).

 

II. The controller (The co-controller)

The administrators of your personal data are:

• Fabrity Holding PLC with its registered office in Warsaw, 44a Domaniewska Street, 02-672 Warsaw, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw, XIII Commercial Division of the National Court Register under number: 0000059690, Tax No: 9511983801, Statistic No: 01637872, and
• Fabrity Ltd with its registered office in Warsaw, 44a Domaniewska Street, 02-672 Warsaw, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw, XIII Commercial Division of the National Court Register under number: 0000274076, Tax No: 5213421691, Statistic No: 140865906, hereinafter referred to as (The Co-Controllers).

 

III. Data Protection Officer.

The Co-controller have appointed a Data Protection Officer, Mr Mariusz Zajkiewicz, who can be contacted by email by sending correspondence to: iod@fabrity.pl or general email address: biuro@fabrity.pl as well as by traditional mail to the correspondence address: 44a Domaniewska Street, 02-672 Warsaw with the note “GDPR”.

In exercising the rights referred to in Part VIII. User Rights, the User may request the Co-Controller to perform certain actions. The request should be addressed to the email addresses or postal address given above.

 

IV. What personal data do we collect and what is the purpose and legal basis of our activities?

The extent of the data we process depends on the purpose and what information you provide to us, as well as the form of contact you choose and what information is required in connection with our relationship.

Your personal data will be processed for:

1. Marketing of products and services – the basis for processing is Article 6(1)(a) “consent” of the GDPR,
2. to remember your preferences and settings such as login, password, IP address, date and time of login – in which case the basis for processing will be Article 6(1)(a) “consent” GDPR in conjunction with Article 173, Telecommunications Law,
3. the conclusion or performance of a contract – pursuant to Article 6(1)(b) of the GDPR,
4. the handling of complaints, claims and requests and, as part of this, to provide a response on the basis of Article 6(1)(c) of the GDPR,
5. the performance of contracts, the possible establishment, investigation, enforcement or defence of claims, which are the realization of the Administrator’s legitimate interest (such as debt collection, conducting court and enforcement proceedings) on the basis of Article 6(1)(f) GDPR,
6. prevention of fraud and abuse – in order to ensure the security of the Services provided in accordance with Article 6(1)(f) of the GDPR.

 

The legal basis for the above depends on the context of the communication. If these are general enquiries or conversations, the basis will be our “legitimate interest” as a controller (in line with the purposes indicated above; Article 6(1)(f) GDPR). On the other hand, if the enquiry is for the purpose of entering into a contract or is related to an already concluded contract other than for the provision of our services (as referred to in section V below), the legal basis will be “taking action at the request of the data subject prior to entering into a contract” or the need to perform the contract )Article 6(1)(b) GDPR).

By visiting our website, you may consent to our use of cookie technology, which enables our website to function properly, as well as to analyse information about how you use the website.

We process this data in order to improve the quality of our website, to tailor content to visitors’ interests and to continually improve its performance. Some cookies also enable marketing of our products and services on our website.

The legal basis for the use of cookies and similar technologies is your consent, except where their use is necessary for the operation of our website, where we base such use on a legal provision (Article 173(3)(2) of the Telecommunications Law) and our legitimate interests respectively (Article 6(1)(f) of the GDPR).

If you have not provided us with your data on your own behalf, i.e. you are acting on behalf of another entity, we process your data in order to establish contact in the context of which you are acting on behalf of a third party, and to conclude or perform a contract with that third party or to carry out a joint venture. The basis for processing your personal data for this purpose will be our legitimate interest (Article 6(1)(f) of the GDPR) – building and maintaining a relationship with the third party on whose behalf you are acting, including entering into and performing the relevant agreements with that third party, as well as the intention to build a positive image of Fabrity.

Notwithstanding the above, your personal data, i.e. primarily your name, email address and telephone number, may be used by us to send you occasional correspondence (e.g. Christmas wishes) or to contact you regarding the promotion of Fabrity products or services. The basis for processing your personal data for this purpose will be our legitimate interest (Article 6(1)(f) of the GDPR) – the desire to maintain our relationship, to build a positive image of Fabrity and to market Fabrity’s products or services.

In addition, if we process your Personal Data for the purpose of defending against potential claims, the basis for processing your Personal Data for this purpose will be our legitimate interest (Article 6(1)(f) GDPR);

In any case, we only send commercial information to electronic addresses (e-mail/telephone) with your prior consent (legal basis).

Your provision of personal data is voluntary, but necessary to respond to your enquiry or for the purpose of correspondence.

In the case of data processing on the basis of consent, we remind you that you can withdraw your previously given consent at any time, without affecting the lawfulness of the processing carried out on the basis of consent before its withdrawal. If, on the other hand, your data is processed on the basis of the legitimate interest of the Administrator, you have the right to object to such processing.

The personal data you provide is not subject to automated decision-making or profiling.

The personal data you provide will only be processed in the European Economic Area or in a third country, ensuring an adequate level of protection, in accordance with the European Commission decision currently in force.

 

V. How long do we process your data?

As a general rule, data processed on the basis of our legitimate interest will be processed until you object or the purpose for which it was processed has been achieved.

If you participate in the recruitment process, we will process your data until the end of the recruitment process, but no longer than for 12 months.

If you participate in the recruitment process on the recommendation of an Employee of one of the Administrators, your data will be processed for a further 12 months (24 months in total) until the end of the settlement period (settlement of the bonus).

If you have agreed to participate in subsequent recruitment processes your data will be processed for a further 24 months from the end of the recruitment process (36 months in total).

If you are not our contractor or business partner, we only store data collected in connection with an ongoing contact, for a period of a few weeks (some cookies), up to a maximum of 5 years (more detailed enquiries and conversations that may be relevant to our future contact), depending on the category of the individual information.

If you are our contractor or business partner, we store the data collected exclusively in connection with the performance of the contract for a period of 5 years from the end of the financial year in which the cooperation ended.

Data processed solely on the basis of your consent is processed until you revoke your consent, if any, or until the purpose for which your consent was given has been achieved.

 

VI. Who actually has access to your personal data?

Only the following persons have access to your personal data

• to duly authorized employees or associates of the Joint Administrators, who are obliged to maintain their confidentiality and not to use them for purposes other than those for which the Joint Administrators obtained the data;
• entities that support us in the provision of our services, on the basis of relevant contracts for the entrustment of personal data for processing, such as e-mail marketing platforms, providers of contact tools (instant messaging), providers of legal and advisory services, hosting providers, couriers;

 

All these entities have access only to the information that is necessary for them to carry out their specific activities and to fulfil the purpose defined by the Joint Administrators.