GDPR

PRIVACY POLICY

Lumag Spółka z ograniczoną odpowiedzialnością
with the registered address in Budzyń

of 18 May 2018

1. PRELIMINARY PROVISIONS
1.1 The controller of your personal data in the sense of the provisions of the personal data protection law is LUMAG Sp. z o.o. with the registered address in Budzyń, at ul. Rogozińska 72, 64-840 Budzyń, registered by the Regional Court, Nowe Miasto and Wilda in Poznań under KRS 0000158327 and NIP 764-24-00-940 (hereinafter referred to as: „LUMAG”). This means that we are responsible for using your data in a safe way and in compliance with the binding regulations, in particular with the provisions of the Regulation of the European Parliament and of the Council (UE) 2016/679 of 27.04.2016 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) (Official Journal EU L 119, p. 1), hereinafter “GDPR”.
1.2 This document (hereinafter “Privacy Policy”) informs about the principles of processing and protecting the data collected from you by LUMAG in connection with purchasing LUMAG products, using LUMAG services (including electronic services), addressing requests to LUMAG, offering process, participating in events organised by LUMAG, participating in the LUMAG employee recruitment process, subscribing newsletter or other channels of information on LUMAG products and services, exchanging correspondence etc, in particular in connection with the use of our Website.
1.3 The Privacy Policy is of informative nature meaning that it does not create obligations for the persons whose personal data are processed in compliance with the provisions hereof, and one of the main functions of the Privacy Policy consists in fulfilling the information obligation mentioned in art. 13 GDPR.
2. PURPOSE AND BASIS OF PROCESSING OF YOUR PERSONAL DATA BY LUMAG
2.1. Personal data obtained from you by LUMAG are processed for the following purposes, depending on the situation in which they were provided to us:
a. entering into and performing the agreement with LUMAG (irrespective of the form thereof; in writing or using our electronic services provided by intermediary of our Website) in the scope indispensable to initiate, shape the wording, modify, dissolve and correctly perform the agreement;
b. performing legal obligations incumbent upon us, e.g. issuing and keeping invoices and accounting documents, providing answers to complaints, performing obligations resulting from statutory warranty for defects in products, ensuring safety of provided services;
c. defining, defending and pursuing claims;
d. direct marketing of LUMAG products and services;
e. creating reports, analyses and statistics for internal needs of LUMAG, including in particular reporting, marketing research, targeting advertisements, remarketing, service development planning, development works in IT systems, creating statistical models, evaluation of operation of LUMAG Website, including the statistics of viewing figures for subpages;
f. If you agree to electronic sending by LUMAG of business information, your personal data will be processed by us also for the purpose of passing the information about our services, offer and events organised by us, and also the information concerning products and services of entities co-operating with us (with our knowledge and express consent).
2.2. Personal data are not used for purpose other than defined in the Privacy Policy, unless LUMAG obtains from you the consent to process data for other purposes, or another way of using such information will be required or permitted by legal regulations.
2.3. In the scope in which the processing of your personal data is necessary:
a. to perform the agreement entered into with you or take up actions upon your request prior to entering into agreement; the legal basis for processing your personal data by LUMAG is the agreement;
b. to perform the legal obligation incumbent on us – the legal basis is such legal obligation;
c. for the purposes resulting from legitimate interests pursued by LUMAG, i.e. for direct marketing of our products and services, preventing fraud or pursuing and defending claims – the legal basis is legitimate interest of LUMAG.
2.4. If the use of your personal data by us is not necessary to perform the agreement, fulfil legal obligation or does not constitute our legitimate interest, we may ask for your consent to use your data with defined methods. Such consent may be granted by ticking a selection box when viewing the Website, or selecting technical settings to use information society services, or by making another statement or adopting behaviour which clearly indicates in a given context that you accepted the proposed processing of personal data. You may withdraw the consent granted to us at any time (this will not affect the legal compliance of the use of your data before the withdrawal of the consent).
2.5. It is not mandatory for you to present personal data, however, if they are not presented, LUMAG will not be in position to perform actions which require such data.
2.6. LUMAG will not make any automated decision involving you based on your personal data, including decisions resulting from profiling.
3. RIGHTS VESTED IN YOU
3.1. Each person whose personal data are processed by LUMAG has the right of access to the contents of his/her personal data and to promptly rectify the data in case they are not correct. In consideration of the purpose of processing, the data subject has the right to demand the incomplete data to be completed, including by presenting an additional statement.
3.2. In case you consent to processing data, in particular for marketing purposes (including sending business information by electronic way), the consent may be withdrawn by you at any time. The user receiving defined information or services such as electronic newsletter may resign from subscription at any time, following the instructions included in each newsletter sent.
3.3. The person making his/her data available to LUMAG has the right to demand LUMAG to promptly delete personal data concerning such personal data, and LUMAG is obliged to delete such personal data without unnecessary delay, in case any of the following circumstances occurs:
a. personal data are no longer necessary for the purpose for which they were collected;
b. the data subject has withdrawn his/her consent on which processing is based, and there exists no other legal basis for processing;
c. the data subject objects to processing;
d. personal data have been processed not in compliance with the law;
e. personal data have to be deleted in order to perform the legal obligation provided for in the European Union law or in the law of the Member State applicable to LUMAG.
3.4. The persons making their personal data available to LUMAG have the right to demand the limitation of personal data processing in case:
a. the data subject questions the correctness of the personal data – for the period allowing LUMAG to check the correctness of such data;
b. processing is incompliant with the law, and the data subject objects to deleting personal data, demanding their use to be limited;
c. LUMAG does not need personal data for the purpose of processing, but such data are required for the data subject in order to define, pursue or defend claims;
d. the data subject objects to processing, until it is stated whether the legitimate basis for LUMAG prevails over the basis for objection of the data subject.
3.5. If LUMAG processes personal data in automatic way based on the consent or agreement, the data subject has the right to be provided with his/her personal data delivered to LUMAG in a structured, commonly used format suitable for machine reading, and has the right to send such personal data to another controller. The data subject has the right to demand LUMAG to send personal data directly to such other controller, if technically possible.
3.6. In order to exercise the rights mentioned above, LUMAG can be contacted as indicated in item 9 below.
3.7. Upon your request, LUMAG shall inform each recipient to whom personal data were disclosed about correction or deletion of personal data or limitation of their processing, unless it turns out to be impossible or requires disproportionate effort.
3.8. In connection with processing of your personal data by LUMAG you have the right to lodge a complaint to a supervisory body.
4. TO WHOM WE PASS YOUR PERSONAL DATA
4.1. We pass your personal data to:
4.1.1. Entities processing data in our name and participating in performing our activities:
a) entities servicing information technology systems and hardware used by us;
b) our business partners, advertising companies and other entities acting as intermediaries in the sale of our products and services or organisation of marketing campaigns;
c) subcontractors supporting us in e.g. performance of services, transport of ordered products, service of products, service of correspondence or customer service process;
d) entities providing advisory, consulting and audit services, legal, tax and accounting assistance, research agencies acting upon our order;
4.1.2. Other data controllers processing data in their own name:
a) entities running mail or courier activity;
b) entities buying receivables or dealing in debt collection – in case you do not pay our invoices on time;
c) co-operating entities providing accounting, tax and legal service – in the scope in which they will become data controllers.
4.2. Currently LUMAG is not planning to transfer your data outside EEA (including the European Union, Norway, Liechtenstein and Island). However, it may turn out that during the contractual term we will decide to pass the data outside EEC – exclusively in the scope authorised by the law.
4.3. LUMAG may make personal data available upon the demand by the authorities or law enforcement body, or when required in compliance with applicable laws, court rulings or other state regulations. Your personal data may be requested also in case of audits carried out in the scope of data privacy or safety and/or during examination of complaints or taken up actions related to threat to safety. LUMAG does not sell personal data to third parties and does not entrust the processing of personal data provided by the users to third parties which could use such information for marketing purposes.
5. HOW LONG WE KEEP YOUR PERSONAL DATA
5.1. Your personal data shall be kept no longer than required, i.e. depending on the purpose of their processing:
5.1.1. entering into and performing the agreement binding upon you and LUMAG, throughout the term thereof and during settlements thereafter, including the period of statutory warranty for defects or the quality guaranteed therein;
5.1.2. performing legal obligation incumbent on LUMAG;
a) during the performance of the obligations;
b) during the period when data are required to be stored in compliance with legal regulations (for example tax regulations); or
c) during the period when we may bear legal consequences of non-performance of obligations, e.g. financial penalty may be imposed upon us by state bodies;
5.1.3. the purposes resulting from legitimate interests pursued by LUMAG:
a) direct marketing of our products and services – throughout the contractual term, and next during the period of providing warranty and/or post-warranty service;
b) preventing fraud – during the proceedings in course before competent bodies;
c) pursuing and defending claims – until such claims become prescribed.
5.2. In case personal data are processed by us based on your consent to defined ways of data use, your data will be processed during the period indicated in the consent, and in case such period is not indicated, until you withdraw your consent.
6. AUTOMATIC DATA COLLECTION COOKIES FILES.
OPERATING DATA. GOOGLE TOOLS
6.1. User data are also collected automatically when visiting the LUMAG Website. Such data may be collected in the Website system logs, by way of the so-called Cookie files. Cookie files are small text information in form of text files sent by the server and saved on the side of the person visiting the Website (e.g. on hard disk of computer or laptop, or on smartphone memory card).
6.2. Owing to the Cookies saved in the Website user’s hardware (computer, smartphone, tablet etc) LUMAG may, without limitation:
a. adapt the operation of the Website to your needs,
b. eliminate the necessity of logging in at each visit to the Website (in case of areas for registered users/customers),
c. remember your settings from one session to another,
d. increase the operating speed and safety of the Website,
e. personalise the Website according to your needs and enable the users to find the required information more quickly,
f. permanently improve the Website for its users,
g. increase the effectiveness of marketing actions,
6.3. Cookies do not include any data identifying the user, the user’s identity cannot be established based on cookies. Cookie files are not detrimental in any way to the user’s end hardware and they do not change its settings or the settings of the software installed on such hardware. The contents of such files can be read only by the server which created such files.
6.4. When the user visits our Website, three types of Cookie files are used: session, persistent and marketing files. Session files are temporary files which are kept in the user’s device memory until logging out from the Website, leaving the Website or closing the search machine. Persistent files are kept in the user’s device memory during the period defined in the parameters of such files or until deleted by the user. Marketing files are “cookies” saved by other external scripts used on our Website. They are mainly used by us for remarketing purposes (see items 6.11. 6.14 below).
6.5. As a standard, most web search machines available in the market accept saving Cookies as default. The user can change settings concerning Cookie files on his/her own at any time, defining the conditions of storing and obtaining access by Cookies to the user´s device. The user can change the settings as mentioned in the previous sentence by way setting up Web search machine or by configuring the service. Settings may be changed in particular to block automatic service of Cookies in the Web search machine, or inform about placing Cookies on the user´s device each time. Detailed information about the possibility and methods of serving Cookies´ files are available in the software setup (Web search machine).
6.6. The user may delete Cookies any time using the functions available in the Web search machine used.
6.7. The limitation of the use of Cookies may affect some functionalities available at LUMAG Website.
6.8. Detailed information about changing the setting concerning Cookies’ files and their autonomous deletion in the most popular Web search machines are available in the Website search machine help desk.
6.9. LUMAG also processes anonymised operational data related to the use of its Website (so-called logs – IP address, domain) to generate statistics helpful in administrating the Website. Since the moment the user connects to the Website, in the system logs of the Website the information shows about the number (including IP) and the type of the end device used by the user to connect to the Website. The data are of summary and anonymous nature, as they do not include the features characterising the person visiting the Website. Logs are not disclosed to third parties.
6.10. LUMAG may use Google Analytics service using Cookies to collect anonymous information about LUMAG Website visited by you. Detailed principles concerning the privacy policy of Google Analytics are presented on the Website:
http://www.google.com/intl/pl/analytics/privacyoverview.html.
6.11. In addition, LUMAG may use Google AdWords and Google Analytics remarketing codes of display advertisers. Such codes are used to create remarketing lists in order to adapt customised advertisements to the users who visited our Website, and to display them in Google AdWords advertising network, Google search machine, and Websites of entities participating in Google partnership network.
6.12. Our Website using the “similar audience” function operates in Google AdWords, checks how Websites were viewed in the last thirty days, and applies contextual targeting mechanism to such information to define the remarketing audience profile. On such basis Google AdWords finds a group of new users who have similar viewing patterns as the persons from LUMAG remarketing list. Such list is never created based on the history of viewing the websites on topics considered as sensitive, e.g. related to race, religion, sexual orientation or health condition.
6.13. Using remarketing tools and the “similar audience” function our Website does not collect your personal data using Cookies, but just the history of viewing, and as a result the users remain anonymous.
6.14. The user can give up collection of remarketing codes by Google AdWords, Google Analytics, the codes of display advertisers, and the display of non-standard advertisements in Google advertising network in the way described in item 6.5. above.
6.15. The LUMAG Website may include functions enabling making contents available by means of third party social media applications, such as, without limitation, the “I like it” button on Facebook or widget on Twitter. All such social media applications may collect and use data concerning the user’s activity on the LUMAG website. All personal data provided by users by intermediary of such social media applications may be collected and used by other users of the above social media applications, and interactions made using such applications are subject to privacy policy of the companies providing such applications. We do not have any influence on, and do not assume responsibility for, the above companies and for their use of the user’s data.
7. HOW WE SECURE PERSONAL DATA
7.1 LUMAG declares that it strives to ensure high level of safety of the personal data processed by LUMAG. Any event impacting data safety, including events arousing suspicion of files containing viruses, other files of similar nature or files other than files with destructive mechanisms made available, should be notified to the e-mail address indicated in item 9 below.
7.2 LUMAG uses technical and organisational means ensuring the protection of processed personal data adequate to threats and data categories under protection, and in particular securing data against access by unauthorised parties, taking by unauthorised party, processing with breach of the binding regulations, and change, loss, damage or destruction. Moreover, LUMAG uses particular diligence to ensure that the personal data are:
• correct and processed in compliance with the law,
• obtained only for the defined purpose and not processed further in a way incompliant with such purpose,
• adequate, appropriate and not excessive,
• precise and updated,
• not stored longer than necessary,
• processed in compliance with the rights vested in persons (data subjects), also in compliance with the right to reserve availability,
• safely stored,
• not transferred without adequate protection.
7.3 Personal data are kept in the database with technical and organisational means applied to ensure the protection of the processed data in compliance with the requirements defined by generally binding legal regulations concerning personal data protection. Only the persons holding authorisations granted by the data controller have access to the database.
7.4 LUMAG uses adequate policy and procedures in the scope of securing personal data against unauthorised loss, inappropriate use, change or destruction. We use our best efforts to limit the access to the users’ personal data to the persons who need to know such information. The persons who have access to data are obliged to maintain their confidentiality. In addition, the principle of LUMAG policy in such scope is to store personal data only for a period when such data are indispensable for dealing with the user’s notification, or until the moment the user requests the deletion of such data.
8. Contact
You can contact LUMAG as the data controller in matters related with personal data processing at the address: ul. Rogozińska 72, 64-840 Budzyń or by telephone at the number: 0048 672844800.
9. Changes in the Privacy Policy
LUMAG may make changes hereto to reflect the current Privacy Policy. In case of modification the date of last update indicated below shall also change.
The date of the latest update of the Privacy Policy:21.05.2018