- The company Clemens Adam Mazgaj with its registered office in Krakow (31-127) at ul. Tadeusza Pawlikowski 10/2 (for convenience hereinafter referred to as: "Clemens"), which is the operator of the trading platform available at www.clemens.pl (for convenience hereinafter referred to as: "Clemens platform) ") is a controller within the meaning of the Regulation (EU) 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 ( "GDPR"), in relation to personal data of Users who are natural persons. This means that Clemens determines the purposes and methods of processing Users' personal data on its own and under its own responsibility.
- Personal data is any information that can identify you, for example your name, telephone number, e-mail address, mailing address and delivery address. When we refer to the term "processing" or "processing" in the document below, we mean all activities and operations performed on your personal data (e.g. storing or analyzing them for the purposes of providing you with a service).
Part II. Obtaining, processing and storing personal data
Below we describe the most common activities with respect to Users' personal data, including your personal data in connection with the use of the Clemens platform.
- User Account Data: Creating an Account by the User requires providing information identifying the User, including his or her contact details. Such data includes, for example, the User's name and surname, company name, Tax Identification Number, telephone number, e-mail address, correspondence address and delivery address. By registering, the User agrees to receive system information from Clemens to his/her email address, which does not constitute commercial information. This data is processed to the extent and purpose necessary to establish and shape the content of the contract, amend or terminate it and properly implement the services provided on the Clemens platform.
- Transactions: Clemens, as part of the Clemens platform, may process (e.g. store or analyze) information constituting the User's personal data, enabling the Buyer and the Seller to conclude a contract, send messages, communicate with other Users and make payments for Goods available at Clemens and services provided by Clemens within the Clemens platform. We ensure full confidentiality regarding Limited Offers - they are not disclosed to Sellers. The Buyer's personal data is transferred to the Seller only at the time of Purchase of the item. We provide only the data that is absolutely necessary to finalize the Transaction, i.e. name and surname, e-mail, delivery address and telephone number, and if it is necessary to issue an invoice - company details. Transactions on the Clemens platform are conducted in such a way as not to disclose to other Users or third parties data on the basis of which the Buyer and Seller of a given Good can be identified. Data are processed to the extent and purpose necessary to fulfill legitimate interests (legally justified purposes), and the processing does not violate the rights and freedoms of the data subject.
- Contact with User support: Clemens, within the Clemens platform, may collect and otherwise process (e.g. store or analyze) personal data of Users contacting the User support department. This data may be necessary to communicate with the User (e.g. answering questions asked by him), but also to fulfill his request. Contact will also be possible by using the data stored for this purpose in the User Account. If permitted under applicable law, Clemens will also be entitled to obtain (and process in other ways, for example storing) other personal data relating to communications with Users, e.g. information about support requests or feedback from Users.
- Contact form and Item inquiry form: Clemens, as part of the Clemens platform, may collect personal data of Users contacting Clemens and Sellers via available tools, including the contact form and Item inquiry form available in within the Clemens platform. Personal data provided in these forms are treated as confidential and are not visible to unauthorized persons. This data is necessary to enable Clemens to contact Users, but also to enable Users to contact other Users, for purposes directly related to the functioning of the Clemens platform, for example in connection with the conclusion of a sales contract as part of transactions made on the Clemens platform. The Item inquiry form provided by Clemens is not intended for private correspondence unrelated to the execution of the Transaction and using it for such purposes may constitute a violation of the Clemens Regulations. In order to prevent violations of the law, including unfair practices, Clemens collects data regarding communications made via the form mentioned above. Clemens may also analyze and block, using special software, the content of messages sent between Users via the above-mentioned form, in particular if they are spam (unwanted advertising information), contain prohibited content (e.g. encouragement to commit crimes) or otherwise threaten security. Users (e.g. they aim to illegally obtain the password to the User Account). Moreover, Clemens reserves the right to delete or edit the content of correspondence between Users, in particular if there has been a violation of the Regulations.
- Registration form for Sellers: Clemens, as part of the Clemens platform, may collect personal data of entities contacting Clemens via the Application form for Sellers. This data is necessary to enable Clemens to verify whether the entity meets the Clemens participation criteria for Sellers. Clemens collects data regarding communication made via the form mentioned above, as well as data regarding possible further communication with entities expressing their willingness to participate in Clemens.
- Form for reporting violations and irregularities: This form is intended for Users who have reasonable suspicions or have information that a given Good comes from theft or crime, violates applicable law or the rights of third parties, is on the Prohibited Goods list, is inconsistent with the description or otherwise violates the Clemens Regulations. Personal data and information provided in this form are treated as confidential and are not visible to unauthorized persons. This data is not made available to the Seller, unless the User reporting the violation gives written consent to make this data available to the Seller, other Users or entities. These data may be made available to third parties in the case described in Part IV section. 3 of this Annex.
- Notifications: A user who wants to be informed by e-mail about new, interesting Offers that have appeared on the website and which meet certain criteria (so-called keywords), can, after logging in to their account, complete the form in the "Notifications" tab. Clemens collects data from Users in the form of the so-called "keywords" that interest the User, including e.g. author, title, manufacturer, etc. If the indicated keywords appear in the appropriate fields in a new Offer published on the website, an automatic notification (alert) is sent to the user's e-mail address . In this form you can also subscribe to the Newsletter service and automatic notifications (alerts), sent every time a new PLN Auction appears on the website. You can easily unsubscribe from the "Notifications" service at any time by unsubscribing via the link included in each e-mail sent as part of this service or by changing the settings on your User Account.
- Newsletter: The Newsletter service is sent by Clemens to all Users who have subscribed to this service on their User Account or during Registration on the Website. The User using the Newsletter service may easily unsubscribe from it at any time by unsubscribing via the link included in each e-mail sent as part of this service or by changing the settings on the User Account.
- Surveys: Within Clemens, on the User Account, after the completion of each Transaction, Users are provided with a survey which is used to exchange subjective opinions and suggestions about the Clemens Website, as well as opinions on the Offer, the course of Transaction and implementation of the contract. This survey is voluntary. The purpose of the survey is, among others, examining the Buyer's level of satisfaction with the services provided by Clemens and with the Transaction completed. Clemens collects personal data from Users, which may include, for example, age. This data is used to examine Users' preferences as to the method of conducting Transactions and adapting the Clemens offer to their expectations, and is also used for statistical analyses. In addition, data collected in Surveys are used in the internal Seller evaluation system. Ratings, information and suggestions included in the section regarding the evaluation of the Offer, Transaction and Seller may be transferred to the Seller if we believe that this information may, for example, contribute to improving the level of services provided by the Seller.
- Verification of Offers (moderation): Users with Moderator rights (Clemens employees or external experts cooperating with Clemens) do not have access to or insight into the personal data of other Users, including Sellers. Moderators make decisions regarding the publication of Offers and may edit Offers only on the terms and to the extent specified in the Regulations.
- Server log, data collected by the website and mobile devices: When it is necessary to provide the service to Users or constitutes the legitimate interest of Clemens or third parties (which is, for example, ensuring the security of IT resources or security other Users), Clemens is entitled to automatically obtain and record data transmitted to the server by web browsers or Users' devices. Such data may include, for example, the IP address (i.e. the address used by the User's device used to access the Clemens platform), parameters of the software and hardware used by the User (thanks to which we can improve, e.g. the quality of the services we provide), pages viewed , mobile device identification number, information about application use and other data regarding devices and system use. The above information will be collected when you use the Clemens website or mobile application.
Part III. Use of collected data
Clemens processes (e.g. collects, stores, analyzes etc.) personal data of Users of the Clemens platform for the following purposes:
- enabling full use of the Clemens platform;
- providing support for the User Account and Transactions on the Clemens platform, including solving technical problems;
- creating and managing a User Account;
- adapting the content of offers displayed by the Clemens platform or third-party services based on the User's activity on the Clemens platform (so-called profiling);
- monitoring Users' activity, including, among others: searched keywords, posted Offers and traffic management on the Clemens platform;
- contacting Users, including: for purposes related to the provision of services, User support, permitted marketing activities, via available communication channels, in particular e-mail;
- conducting research and analyzes of the Clemens platform, among others, in terms of the functioning of the platform, improving the operation of available services or estimating the main interests and needs of visitors;
- ensuring the security of services provided electronically, including enforcing compliance with the Clemens Regulations and preventing fraud and abuse;
- handling User requests submitted in particular to the user service department and via the contact form;
- performance of obligations arising from legal provisions, including tax or accounting provisions;
- providing payment services;
- conducting court, arbitration and mediation proceedings;
- ensuring accountability, i.e. the ability to demonstrate that:
- personal data are processed lawfully, reliably and in a transparent manner for the data subject,
- the purpose of data processing is clearly defined,
- the processed data are adequate, relevant and limited only in relation to the purposes of their processing,
- personal data is correct and updated if necessary,
- personal data are processed in a way that ensures appropriate security,
- and that the storage of data is limited to the strict minimum necessary to achieve the purposes for which it is processed.
Clemens is entitled to store data collected and tracked on the Clemens platform only to achieve the above-mentioned business purposes.
Part IV. Data Sharing
- Clemens does not transfer Users' personal data to third parties without the consent of the Users concerned.
- Clemens may share Users' personal data with public authorities supporting Clemens in the fight against fraud and abuse, and with judicial authorities such as the Police, Prosecutor's Office, Courts and regulatory authorities - at their request and only to the extent required by law in connection with the conducted proceedings. regarding possible violations of the law or combating other possible violations, or to protect the rights of Clemens, the safety of Users, Clemens employees or Clemens resources.
- Clemens may share Users' personal data with law firms and courts in order to enforce or perform a contract with the User.
- Due to the need to prevent internet robots from performing certain functions on the Clemens platform, we use the Google reCAPTCHA mechanism to occasionally check whether the behavior of platform users does not bear the hallmarks of robot behavior. For this reason, Clemens may disclose to Google Inc. Your IP address.
- Sellers to whom the GDPR applies, after obtaining Buyers' personal data from Clemens, are obliged to fulfill all obligations to Buyers arising from the GDPR and other legal provisions, including ensuring that they exercise their GDPR rights.
- User Data is not transferred outside the European Economic Area by default, nor is it transferred to international organizations. In the event of transfer of data to recipients in third countries, Clemens will use standard contractual clauses adopted by the European Commission, under which basic guarantees of the security of the User's data are established.
Part V. Change and deletion of data
- Each data subject has the right to access data, rectify, delete or limit processing, the right to object, and the right to lodge a complaint with the supervisory authority.
- We reserve the right to process your data after termination of the Agreement or withdrawal of consent only to the extent necessary to pursue possible claims in court or if national or EU regulations or international law oblige us to retain data.
- Personal data may be deleted as a result of withdrawing consent or submitting a legally permissible objection to the processing of personal data.
- We try to limit as much as possible the storage period of personal data that is no longer used. However, we would like to inform you that such a situation may occur for operational and technological reasons.
- Contact with the person supervising the processing of personal data at Clemens is possible electronically at the e-mail address provided on the Contact page.
Part VI. Data security
All data collected by Clemens is protected using reasonable technical and organizational measures and security procedures to protect it against unauthorized access or use. Clemens affiliates, trusted partners and third-party service providers manage data in accordance with security and privacy requirements. The Clemens platform uses, among others: secure communication encryption protocol (SSL), and personal data is stored on secured servers. On the Clemens platform, we have implemented pseudonymization, data encryption and access controls, thanks to which we minimize the effects of a possible data security breach. Moreover, in order to protect the content and hinder the illegal copying of text, graphics and photos, we have introduced a context menu blocker.
This Policy applies to "cookies" files and applies to websites operated by Clemens Adam Mazgaj based in Krakow (31-127) at ul. Tadeusza Pawlikowski 10/2 (hereinafter referred to as: "websites").
What are cookies?
Cookies should be understood as IT data, in particular text files, stored on end-user devices (such as computers, telephones or tablets), sent via websites. These files make it possible to recognize the user's device and properly display a website tailored to its individual preferences, enable the display of the website in the user's language "remembered" by these files, as well as use other website settings selected by the user. "Cookies" usually contain the name of the website they come from, their storage time on the end device and a unique number.
Cookies are used to adapt the content of websites to the user's preferences and device and to optimize the use of websites. These files make it possible to save the user's choices regarding language, browser, settings of selected website elements or opting out of profiled advertising, as well as to save information about the user's location.
Cookies are also used to facilitate logging in to the user's account, including via social media, and to enable navigation between subpages on websites without the need to log in again on each subpage. At the same time, cookies are used to secure websites, e.g. to prevent access by unauthorized persons.
They are also used to create anonymous, aggregated statistics that help understand how the user uses websites, which allows improving their structure and content, excluding personal identification of the user. Cookies also help ensure the refinement and smooth operation of websites, including website performance testing.
Cookies are also used to identify which advertisements the user has displayed, as well as to display advertisements that are most relevant to the user's activity on websites.
What cookies do we use?
As a rule, two types of cookies are used - "session" and "persistent". The first of them are temporary files that remain on the user's device until logging out of the website or turning off the software (web browser). "Permanent" files remain on the user's device for the time specified in the "cookie" file parameters or until they are manually deleted by the user. Cookies used by the website operator's partners, including in particular website users, are subject to their own privacy policies.
A detailed division of cookies can be distinguished:
A. Due to the necessity to provide the service:
- are absolutely necessary for the proper functioning of the website or the functionalities that the user wants to use.
- are important to the operation of the website:
— serve to enrich the functionality of websites; without them, the website will function properly, but it will not be adapted to the user's preferences,
— serve to ensure a high level of functionality of websites; Without them, the level of functionality of the website may be reduced, but their absence should not prevent you from using it completely,
- serve most of the functionalities of websites; blocking them will prevent selected functions from working properly.
- enable the implementation of the business model based on which the website is made available; Blocking them will not result in the unavailability of all functionality, but may reduce the level of service provision due to the inability of the website owner to generate revenues to subsidize its operation. This category includes, for example, advertising cookies.
B. Due to the time for which cookies will be placed on the user's end device:
- Session cookies
- "cookies" placed while using the browser (session), and are deleted after closing the browser or logging out of the website.
- Permanent cookies
- are not deleted when the browser is closed and remain on the user's device for a specified period of time or without a validity period, depending on the settings of the website owner.
C. Due to origin - website administrator who manages "cookies":
- Own cookies (first party cookies)
- "cookies" placed on websites directly by Clemens.
- Third-party cookies
- "cookies" placed on websites by entities other than Clemens.
D. Due to the purpose they serve:
- Website configuration
- allows you to set functions and services on websites.
- Security and reliability of websites
- enable verification of authenticity and optimization of website performance.
- allows you to be informed when a user is logged in so that the website can show appropriate information and features.
- Session status
- allows you to save information about how users use the website. These may concern the most frequently visited pages or possible error messages displayed on certain pages. "Cookies" files used to save the so-called "session state" help improve services and increase the comfort of browsing websites.
- enable the smooth operation of the website and the functions available on it.
- enable the display of ads that are more interesting to users and, at the same time, more valuable to publishers and advertisers; Cookies can also be used to personalize advertising and to display advertisements outside websites.
- allows you to adjust the displayed information to the user's location.
- Analysis and research, audience audit
- enable website owners to better understand the preferences of their users and, through analysis, improve and develop products and services. Typically, the website owner or research company collects information anonymously and processes trend data, without identifying the personal data of individual users.
E. Due to interference with user privacy:
- Includes cookies:
— necessary for the proper operation of the website,
— necessary to enable the functionality of the website, but their operation has nothing to do with user tracking.
- used to track users, but does not include information allowing (without other data) to identify a specific user.
Do cookies contain personal data?
As a rule, cookies do not constitute personal data. However, certain information stored in cookies (e.g. preferences), especially in combination with other information about the website user, may be treated as personal data. Personal data collected using cookies may be processed only to perform specific functions for the user, described above. Such data is encrypted in a way that prevents access to it by unauthorized persons.
Clemens' right to store and access "cookies" files results from the consent expressed by the website user. This consent is expressed by the user when configuring the web browser or the selected website or service. The user can return to these settings at any time and specify the conditions for storing or accessing this information by Clemens.
By default, software used to browse websites allows cookies to be placed on the end device. These settings can be changed in such a way as to block the automatic handling of cookies in the web browser settings or to inform each time they are sent to the user's device. Below are links to various browser pages with instructions regarding cookies, including how to delete them:
In order to exercise the right to object granted by the General Data Protection Regulation, it is necessary to log out from all devices and delete cookies from them. The update process may take up to 48 hours.