Personal Data We Collect and How We Use It
We collect Personal Data in the following situations:
- When you register on our Site;
- When you make your Personal Data available to us via Facebook, if you have registered via Facebook;
- When you have placed your order on the Site, including making your Personal Data contained in the files and your projects that you have shared with us;
- which the Customer has made available; and
- other Personal Data you have shared with us.
We collect the following Personal Data:
- Your name;
- Your last name;
- Your address;
- Delivery address;
- Phone number;
- Picture; and
- Date of birth (voluntarily).
We may also collect:
- the browser types and versions used;
- the operating system used by the accessing system;
- the website from which an accessing system reaches our Site (so-called referrers);
- the sub-websites;
- the date and time of access to the Internet site;
- an Internet protocol address (IP address);
- the Internet service provider of the accessing system; and
- any other similar data and information that may be used in the event of attacks on our information technology systems.
When using these general Personal Data and information, we do not draw any conclusions about you.
Rather, this information is needed to:
- deliver the content of our Site correctly,
- optimize the content of our Site as well as its advertisement,
- ensure the long-term viability of our information technology systems and website technology, and
- provide law enforcement authorities with the information necessary for criminal prosecution in case of a cyber-attack.
Therefore, we analyse anonymously collected Personal Data and information statistically, with the aim of increasing the data protection and data security of our enterprise, and to ensure an optimal level of protection for Personal Data we process. The anonymous data of the server log files are stored separately from all Personal Data you provided.
Automatic Data Collection Technologies We Use
When we collect general Personal Data and information, we may use automatic data collection technologies.
The technologies we use for this automatic data collection may include:
- Google Analytics system, Hubspot system, GetResponse, OneSignal, VWO and Smartlook;
- Flash Cookies. Certain features of our Site may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Site. Flash cookies are not managed by the same browser settings as are used for browser cookies.
- Web Beacons. Pages of our the Site may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit us, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
We use the following kinds of cookies:
- Cookies that are necessary to use the services, e.g., used for services which require authentication;
- Cookies used to make logging in to the Account through a social media easier;
- Cookies used to ensure security;
- Cookies collecting information on the method of using the services;
- Cookies allowing saving settings you have selected, which further personalize your interface;
- Cookies adjusting content synchronized with your preferences and interests.
You may, at any time, change the settings concerning the cookie files by specifying the conditions of their storage and access to the cookie files to your device through web browser settings.
You may also, at any time, remove cookie files. It may, however, limit some functionality available on the Website.
When using the Site, you send queries to the server supporting the Site. Every query sent to the server is stored in the server logs. Logs cover e.g. IP address, date and time of the server, information on the web browser and operating system you use. Logs are saved and stored on the server. The data saved in the server logs are not associated with any specific persons using the Site and is not used for the purpose of identification. Server logs are solely an auxiliary material used to manage the Site and its content is not disclosed to anyone but to persons authorized to manage the Site.
We also use Hubspot, GetResponse and Smartapp systems for collecting and processing data, especially their activity on the Site on the basis of cookies, local storage and other technologies to personalize the content provided to you and optimize your sales experience.
With Whom Do We Share Personal Data and for what Purpose
If you choose to submit Personal Data to us, we may share that Personal Data with:
- Our sales representatives, value added resellers, and other third-parties for purposes of marketing and supporting our business (including those set forth in this Policy, in particular its section above);
- Entities, whose services we use to provide you with goods and services, including but not limited to: entities providing services or making the communication and information systems available to us; businesses delivering and maintaining software we use to operate the Site; payment system operators; entities providing postal and courier services;
- Our reliable marketing partners including: Google in connection with using Google Analytics; Hubspot Inc. in connection with using Hubspot; Facebook in connection with using Piksel; GetResponse – in connection with using GetResponse; Opineo – in order to increase the quality of services as a result of customer opinions; Refericon – in order to make a referral program available; Smartsupp.com, s.r.o. - in connection with using Smartlook; and Trustpilot.com in connection with a request to send your opinion on the purchase you have made in our on-line store;
- To our subsidiaries and affiliates;
- To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding;
- To fulfill the purpose for which you provide it.
We may also disclose your Personal Date:
- To comply with any court order, law, or legal process, including responding to any government or regulatory request;
- If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of any Joint Controller, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
The Site may include functions which allow sharing content on social media, such as, but not limited to „Like” button on Facebook or widgets on Instagram. All these social media applications may collect and use Personal Data concerning the users’ activity on the Site. Any Personal Data you have provided via such social media applications may be collected and used by other users of those social media applications. We have no influence and we shall not be held liable for any third party using your Personal Data in the social media setting.
If you have registered and in the registration process used your Facebook account, Facebook may automatically transfer to us your following Personal Data:
- The numerical identifier of the social networking service (ID);
- Your name and last name;
- Your gender;
- Your profile picture;
- Your date of birth and
- Other Personal Data available therein.
Measures We Employed to Protect Your Personal Data in our Possession
In addition to sharing Personal Data, Personal Data will be shared within our organization on a “need to know” basis. We have commercially reasonable security measures in place to help protect against loss, misuse, and alteration of your Personal Data in our possession. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we use reasonable efforts to protect your Personal Data, we cannot guarantee its absolute security. We will contractually require each Processor or other third-party with whom it shares Personal Data to use reasonable measures to protect that Personal Data. However, we cannot monitor these Processors and other third-parties to ensure that they comply.
How Long Do We Keep Personal Data?
We will keep Personal Data only as long as it is necessary to accomplish the purpose for which it was originally collected. From time to time, we may, but do not have to, purge or delete some or all of the Personal Data it keeps in its database in compliance with the foregoing.
Children Under the Age of 13
Our Site is not intended for children under 13 years of age. No one under age 13 may provide any information, whether Personal Data or otherwise, to or on the Site. We do not knowingly collect Personal Data from children under 13. If you are under 13, do not use or provide any information on this Site or on or through any of its features/register on the Site, make any purchases through the Site, use any of the interactive or public comment features of this Site or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received Personal Data from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under the age of 13, please contact our Data Privacy Officer using the contact information at the bottom of this Policy.
Processing Personal Data According to the GDPR
Additionally, if the processing of your Personal Data falls within the scope of the 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, known as the General Data Protection Regulation (“GDPR”), then such processing shall also be performed in accordance with GDPR requirements. Therefore, in addition to the above terms, we provide you with the following information:
(a) The contact information for our Data Privacy Officer is provided in the last paragraph below (Contact Information);
(c) Personal Data may be transferred to processors located around the world;
(d) You are entitled to:
- Request access to your Personal Data. This enables you to receive a copy of the Personal Data we hold about you and to check that we are lawfully processing it;
- Request correction of the Personal Data that we hold about you. This enables you to have any incomplete or inaccurate Personal Data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us;
- Request erasure of your Personal Data. This enables you to ask us to delete or remove Personal Data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your Personal Data where you have successfully exercised your right to object to processing, where we may have processed your information unlawfully or where we are required to erase your Personal Data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request;
- Object to processing of your Personal Data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your Personal Data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms;
- Request restriction of processing of your Personal Data. This enables you to ask us to suspend the processing of your Personal Data in the following scenarios: (a) if you want us to establish the data's accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it;
- Request the transfer of your Personal Data to you or to a third party. We will provide to you, or a third party you have chosen, your Personal Data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you;
- Withdraw consent at any time where we are relying on consent to process your Personal Data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
(e) You will not have to pay a fee to access your Personal Data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
(f) You may at any time lodge a complaint with a supervisory authority located in the European Union having jurisdiction over processing; and
(g) Except as otherwise indicated in this Policy, we do not perform automated decision-making, including profiling.
Privacy Notice for California Residents According to the CCPA
Information We Collect
Personal Data we collect is set forth in Section 2 of this Policy “Personal Data We Collect and How We Use It” and shall apply accordingly to this Privacy Notice for California Residents.
In particular, we have collected the following categories of Personal Data from our consumers within the last twelve (12) months:
|A. Identifiers.||A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver's license number, passport number, or other similar identifiers.||Yes.|
|B. Personal Information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).||A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver's license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information.
Some personal information included in this category may overlap with other categories.
|C. Protected classification characteristics under California or federal law.||Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).||No.|
|D. Commercial information.||Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.||Yes.|
|E. Biometric information.||Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.||No.|
|F. Internet or other similar network activity.||Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement.||Yes.|
|G. Geolocation data.||Physical location or movements.||Yes.|
|H. Sensory data.||Audio, electronic, visual, thermal, olfactory, or similar information.||No.|
|I. Professional or employment-related information.||Current or past job history or performance evaluations.||No.|
|J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).||Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.||No.|
|K. Inferences drawn from other Personal Information.||Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.||Yes.|
Use of Personal Data
Use of collected Personal Data is set forth in Section 2 of this Policy “Personal Data We Collect and How We Use It” and shall apply accordingly to this Privacy Notice for California Residents.
We will not collect additional categories of Personal Data or use Personal Data we collected for materially different, unrelated, or incompatible purposes without providing you notice.
Sharing Personal Data
We may disclose your Personal Data to a third party for a business purpose. When we disclose Personal Data for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that Personal Data confidential and not use it for any purpose except performing the contract.
Disclosures of Personal Data for a Business Purpose
In the preceding twelve (12) months, Company has not disclosed Personal Data for a business purpose, in particular following categories of Personal Data have been disclosed for a business purpose:
Sales of Personal Data
In the preceding twelve (12) months, Company has not sold Personal Data.
Your Rights and Choices
The CCPA provides consumers (California residents) with specific rights regarding their Personal Data. This section describes your CCPA rights and explains how to exercise those rights.
Access to Specific Information and Data Portability Rights
You have the right to request that we disclose certain information to you about our collection and use of your Personal Data over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you:
- The categories of Personal Data we collected about you.
- The categories of sources for Personal Data we collected about you.
- Our business or commercial purpose for collecting or selling that Personal Data.
- The categories of third parties with whom we share that Personal Data.
- The specific pieces of Personal Data we collected about you (also called a data portability request).
- If we sold or disclosed your Personal Data for a business purpose, two separate lists disclosing:
- sales, identifying the Personal Data categories that each category of recipient purchased; and
- disclosures for a business purpose, identifying the Personal Data categories that each category of recipient obtained.
Deletion Request Rights
You have the right to request that we delete any of your Personal Data that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your Personal Data from our records, unless an exception applies.
We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:
- Complete the transaction for which we collected the Personal Data, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, or otherwise perform our contract with you.
- Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
- Debug products to identify and repair errors that impair existing intended functionality.
- Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
- Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
- Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, if you previously provided informed consent.
- Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
- Comply with a legal obligation.
- Make other internal and lawful uses of that information that are compatible with the context in which you provided it
Exercising Access, Data Portability, and Deletion Rights
To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us to: firstname.lastname@example.org
Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your Personal Data. You may also make a verifiable consumer request on behalf of your minor child.
You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:
- Provide sufficient information that allows us to reasonably verify you are the person about whom we collected Personal Data or an authorized representative. In case the request was submitted to us from an email address that is associated with that client’s account, we will deem such request verified. Otherwise, we will ask you for some details (such as a number of your last order, etc.) that only you can be familiar with;
- Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
We cannot respond to your request or provide you with Personal Data if we cannot verify your identity or authority to make the request and confirm the Personal Data relates to you.
Making a verifiable consumer request does not require you to create an account with us.
We will only use Personal Data provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.
For instructions on exercising sale opt-out rights.
Response Timing and Format
We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to ninety (90) days), we will inform you of the reason and extension period in writing.
If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.
Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request's receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your Personal Data that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.
We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:
- Deny you goods or services.
- Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
- Provide you a different level or quality of goods or services.
- Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your Personal Data's value and contain written terms that describe the program's material aspects. Participation in a financial incentive program requires your prior opt in consent, which you may revoke at any time.
Focus Sp. z o.o.
36 – 062 Zaczernie, Poland