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Privacy Policy

Basic information.

Protecting privacy of all persons using our services is important to us.

Our Application is of a closed nature. Service Provider’s software is intended for (i) Program Participants to use the offer of Service Provider’s Partners within the Program, (ii) Partners to confirm the Program Participants and Program Organizers’ entitlements to purchase services or goods from Partners and (iii) Program Organizers to register Program Participants, and administer part of their rights as part of the Application features.

Nais website (www.nais.pl or other used by Viamobile Sp. z o.o. for purposes of Nais Application) is aimed at informing Users about the advantages and capabilities of the Application, organization and participation in the Program.

Collected information may be used by Viamobile Sp z o.o. or our Partners for the purposes of administering the Application, managing authorizations and offers within the Program as well as for the needs of our Partners to enable them to provide the Organizers and Program Participants with the best offer and correctly conduct the sale process, including verification of the entitlements of our Organizers and Program Participants to use the Partners offer. Access to Users and Partners data in a specific part shall be related to marketing communication.

This Privacy Policy covers all data provided to us through the Nais Application, in particular for the purpose of providing access to the Application and participating in the Program (the “Service”).

We describe hereunder what kind of information we gather in connection with the provision of the Service, for what purpose we do it and explain the way these are used.

The Privacy Policy contains also information on data security and access to them, as well as on the supervision over the information provided to us.

Capitalized terms that are not defined in this document have the meaning assigned to them in the General Terms of Use (“GTU”) of the User, Program Organizer or Partner.

Information on Personal Data Administrator.

The Personal Data Administrator is Viamobile Sp. z o.o. (limited liability company) with its registered office in Warsaw (zip code: 00-844), Plac Europejski 3, entered into Register of Entrepreneurs maintained by the District Court in Warsaw, 12th Commercial Division of the National Court Register under number 9066, NIP number: 1131917828, Regon 12979635, share capital: PLN 620.650,00, or under all current company data registered in the National Court Register.

You can contact us by sending a correspondence to the above-mentioned address of our office or by sending an email to dziendobry@nais.pl, or by by sending us a message using the chat feature available on our websites, or by sending a request using the contact form on https://www.nais.pl/en/contact/.

Information on Data Protection Officer.

Our Data Protection Officer is Łukasz Kołodziejczyk. You can contact our Data Protection Officer by sending an email to iod@nais.pl or by sending appropriately addressed correspondence to the address of our office:

Viamobile Sp. z o.o.
Data Protection Officer.
Plac Europejski 3
00-844 Warszawa

Information on purposes of processing personal data.

Your personal data shall be processed in connection with the use of the Application. Essentially, we need personal data to correctly identify Users and to ensure the correct provision of the Service, as well as the functioning of the Program.

We shall also process personal data for purposes related to providing Users with information about the operation of the Service, new products and services available as part of our Partners’ offer, as well as in connection with ensuring communication between the Program Organizer and the Program Participant.

More detailed information on this issue could be found in the document: Information Clause. Nais Application User.

Information on means of processing personal data.

The personal data of our Users, Data Administrator of which we are, are obtained by us directly in the process of setting up a User Account. In addition, we can process your data at the request of your Program Organizer before you create a User Account. These data are processed mainly using information systems in an automated way.

Personal data provided to us directly by you.

The personal data, Data Administrator of which we are, are obtained by us directly in the process of setting up a User Account. These include primarily first name, surname, mobile phone number, as well as email address. If you make a payment or purchase certain products and services, you may be asked to provide more data – but only if it is absolutely necessary for the correct performance of the service or for complying with legal obligations, for investigative purposes or to defense against claims.

These data constitute individual data collection, i.e. Nais User Profile, Data Administrator of which is Viamobile Sp. z o.o.

Personal data obtained indirectly – from Program Organizers inviting you to the Program that is organized by them.

We may also collect our Users personal data from the Program Organizers. These data are entered into the IT system of the Application by Users having appropriate entitlements granted by the Program Organizer. These data are processed to invite Program Participants to the Program and are used by the Program Organizer for ongoing work in the Application and Program management.

These data constitute individual data collection, i.e. Program Participant Profile, Data Administrator of which is the Program Organizer.

In this respect and in relation to these data, the Program Organizer entrusts their processing to Viamobile Sp. z o.o.

In accordance with the privacy principles of our Users, we hereby inform you that none of the Program Organizers has access to the Application User Profile data. Program Organizers also do not receive any detailed information about the way the User uses the Application. More detailed information on this issue could be found in the description of recipients of the data.

Data automatically obtained while using the Application.

While you are using the Application, we also obtain data provided by your browser or your device that you use in order to connect to the Internet. These data primarily refer to the use of the Application and are used to monitor the proper functioning of the system, improve the solutions applied or adapt content and offers of products and services. This information may relate to the IP address of your Internet connection, the type of web browser, and the type of operating system.

More detailed information on this issue could be found in the document: Information Clause. Nais Application User.

Information on legal grounds for processing personal data.

Personal data, Data Administrator in reference to which is Viamobile Sp. z o.o., are processed primarily in connection with providing the Service. The legal ground for the processing of these data is the performance of the agreement, which is concluded at the time of acceptance of each of the GTUs.

Users’ personal data are also processed after the completion of the Service to the extent necessary to perform the obligations arising from the law and where investigation or protection against potential claims is necessary.

Personal data, Data Administrator in reference to which is Viamobile Sp. z o.o., i.e. entity entrusted with the processing of personal data by the Program Organizer acting as the Data Administrator, pursuant to the Data Processing Agreement.

More detailed information on this issue could be found in the document: Information Clause. Nais Application User.

Information on period of personal data processing.

Personal data are processed by us throughout the period of providing the Service to the extent necessary for its proper implementation, and after that period only to the extent necessary to meet the obligations arising from the law and in connection with any potential claims or necessary to defend against such claims.

More detailed information on this issue could be found in the document: Information Clause. Nais Application User.

Information on recipients of personal data.

Personal data shall be shared primarily with our Partners, service and products providers which you decide to use, only in cases when it shall be necessary for the correct implementation of the service and only to the necessary extent.

Access to Users’ personal data is also obtained by our Application administrators, solely for the purpose and to the extent that is necessary for the proper service support for our Users.

In justified cases, your personal data may also be shared with trusted cooperating entities only for purposes related to the provision of the Service or for ensuring its proper provision. Your personal data may also be shared with our Data Protection Officer in situations when it shall be necessary to perform the Officer’s tasks provided for in the law and internal procedures.

Your personal data or detailed information about services or products you use is not shared with your Program Organizer. Your Program Organizer receives only statistical and analytical (qualitative) information about the funds used by the invited Program Participant. This information does not disclose which services or which products the specific Program Participant has used in the system.

More detailed information on this issue could be found in the document: Information Clause. Nais Application User.

Information on the exercised rights of the data subject.

We provide all possible and available technical and organizational measures so that our Users could freely exercise their rights. Therefore, please send us any enquiries and requests regarding the exercising of rights to our e-mail address dziendobry@nais.pl.

In justified cases, in order to perform correct identification of a person, we may ask you provide additional information or the necessary documents confirming your identity.

Right to freely give or withdraw consent to data processing.

You have right to freely give or withdraw consent to data processing. In the event that your personal data are processed on the basis of your consent, we shall provide you with the possibility of withdrawing it at any time. Your personal data may also be processed by us for a legally justified purpose, including (but not limited to) marketing of own products and services. In such case, we also allow you to withdraw your consent to such activity or expression objection to it.

The withdrawal of consent shall have an immediate effect and shall not affect the processing of data that was carried out prior to such withdrawal. Withdrawal of consent has no negative consequences for you, but it may prevent you from further use of the Service in a certain way or of a certain part of the features available within the Application.

Right of access to personal data.

You have right to access your personal data provided to us. We exercise this right primarily through the Application, giving you access to up to date information you have provided to us – in the form that we currently possess.

You may also receive copies of pieces of information possessed by us. In such case, we shall deliver a copy from the records of the personal data provided by you in a structured, commonly used, machine readable format. We do not charge a fee for preparing, developing and issuing the first copy of the data records.

In case of further requests we may charge a fee for the costs resulting from the preparation, development and delivery of the data records. In such case, you shall be informed about the amount of the fee before another copy of the data records is prepared.

Right to correct personal data.

You have right to correct (edit) your personal data. We exercise this right primarily through the Application, providing you with the possibility to edit your personal data. In the event it is impossible, you have the right to demand that we immediately correct, supplement or remove the data.

Right to remove personal data.

You have right to request the removal of your personal data. We exercise this right on the basis of an express request to remove data, that shall be submitted to us. The request to remove personal data may result in the removal of the User Account within the Application.

You may exercise the right to remove data if:

  • personal data are no longer necessary for the purposes for which they were collected or otherwise processed;
  • you withdraw your consent to the processing of the data on which the processing is based and there is no other legal ground for further processing;
  • personal data have been processed unlawfully;
  • personal data must be removed in order to comply with the legal obligation provided for in EU or Member State law.

Exercising the right to request the removal of personal data may, however, be limited if such processing is necessary to enable Viamobile Sp. z o.o. to fulfill its legal obligation or to establish, investigate or defend against claims.

Right to limit processing of personal data.

You have right to limit processing of personal data. We exercise this right on the basis of an express request to limit processing of personal data delivered along with justification.

You may exercise the right to limit processing of personal data:

  • if you cast doubt on the correctness of the provided personal data – for a period allowing to check the correctness of the data in doubt;
  • if the processing of personal data is against the law, but you oppose the removal of your personal data;
  • if the personal data we process are no longer necessary for the purpose for which we have processed them, but it is necessary for you to establish, investigate or defend against claims;
  • if you object to the processing of your personal data due to the particular situation that has been indicated in the regulations on the protection of personal data.

Right to object to processing of personal data.

You have right to object to processing of your personal data. We exercise this right on the basis of an express objection to processing of your personal data.

You may exercise the right to object to the processing of your personal data in a situation where such processing is carried out in connection with the implementation of our legitimate interest – for example, marketing of own products and services.

Right to data portability.

You have right to request the transfer of your personal data to another service provider. However, due to security reasons and in the absence of standards related to data transfer, we are unable to fulfill such a request. In accordance with our policies, you can receive a copy from the records of the personal data provided to us.

Right to lodge complaint with supervisory authority.

You have the right to submit (at any time) a complaint related to the processing of your personal data to the supervisory authority, i.e. to the President of the Personal Data Protection Office, address: ul. Stawki 2; 00-193 Warszawa.

We respect your privacy and we guarantee you the opportunity to exercise legal rights regarding the processing of personal data. In order to avoid unnecessary disputes, before submitting such a complaint we encourage you to contact our Data Protection Officer at  (iod@nais.pl) or our team directly: (dziendobry@nais.pl).

Limitations related to exercising of rights of personal data subject.

The aforementioned rights and the manner of their exercising may be subject to limitations in justified cases. Such a situation shall occur in the event that this limitation results from the obligations indicated in the legal provisions to complying with which we are obliged. In such case, we shall provide you with relevant information along with the justification of our decision.

Information on obligation to submit personal data.

Providing specific personal data is necessary for the proper provision of the Service. Applying the principle of minimization, we do not collect more data than it is necessary. Each time while providing additional personal data shall be necessary for specific purpose, you shall receive the appropriate information.

Failure to provide the required information may result in limiting or ceasing of any further provision of the Service.

Information on automated personal data processing.

The application is an information system in which data processing procedures are carried out in an automated manner. However, this processing is not connected with the profiling process in a way that could cause negative legal, financial or other consequences for the User.

Information on profiling of personal data.

In order to adapt the offer, improve the features and functionality of the Application, we collect and process information in reference to the manner in which our Users use the Service. The information is also used for statistical and analytical purposes and can be used for automatic processes of adjusting the offer.

Information on transfer of personal data beyond European Economic Area.

In general, we do not transfer personal data beyond European Economic Area. Our basic IT infrastructure is located in Poland.

However, due to technical and technological reasons, in justified cases, we may use services supporting the functioning of the Application and Program or the operation of our company offered by suppliers running bussines activity beyond the European Economic Area.

More detailed information on this issue could be found in the document: Information clause. Nais Application User.

Rules on adjustments and updates.

According to the current needs and binding us privacy protection principles, we can at any time adjust, supplement and adapt this Privacy Policy.

We shall inform you of any changes by posting relevant information on the websites, and in the case of significant changes, we may also send separate notifications to the indicated e-mail address or post a message in the User’s Account.

The Privacy Policy does not limit any rights of the Users in accordance with the General Terms of Use and the law.

Final provisions.

This Privacy Policy shall apply from 25/05/2018.
Updated version of document shall apply from 02/01/2019.

Information clause. Nais Application User.

The information provided in this document is the fulfillment of the obligation of the Personal Data Administrator in accordance with art. 13 of the Regulation (EU) No 2016/679 of the European Parliament and the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, as well as repealing Directive 95/46/WE (hereinafter: “Regulation”).

Information on Personal Data Administrator.

The Personal Data Administrator is Viamobile Sp. z o.o. (limited liability company) with its registered office in Warsaw (zip code: 00-844), Plac Europejski 3, entered into Register of Entrepreneurs maintained by the District Court in Warsaw, 12th Commercial Division of the National Court Register under number 9066, NIP number: 1131917828, Regon 12979635, share capital: PLN 306.200,00, or under all current company data registered in the National Court Register.

Information on Data Protection Officer.

Data Protection Officer designated by Viamobile Sp. z o.o. is Łukasz Kołodziejczyk.

The Data Protection Officer can be contacted as follows:

  • at the e-mail address iod@nais.pl or
  • by sending respectively addressed correspondence to:

Viamobile Sp. z o.o.
Data Protection Officer.
Plac Europejski 3
00-844 Warszawa

Information on purposes, legal grounds and period of personal data processing.

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PROCESSING PURPOSE

PROCESSING LEGAL GROUNDS

PROCESSING PERIOD

1 Implementation of tasks aimed at concluding an agreement. Processing is necessary to take specific steps before entering into the agreement and to perform the agreement (Article 6(1)(b) of the GDPR). 10 years from the end of the calendar year counting from the following year  in which the activities aimed at concluding the agreement have been completed.
2 Performance of agreement. Processing is necessary to take specific steps before entering into the agreement and to perform the agreement (Article 6(1)(b) of the GDPR). 10 years from the end of the calendar year counting from the following year in which the agreement has been performed.
3 Tax and accounting records. Processing is necessary to fulfill the legal obligation (Article 6(1)(c) of the GDPR) in accordance with art. 74 of the Accounting Act and other provision in reference to taxes. 5 years from the end of the calendar year counting from the following year in which the agreement has been performed.
4 Preparing and sending responses to enquires or other requests. Processing is necessary for the purposes arising from the legitimate interests of the administrator (Article 6(1)(f) of the GDPR), namely, the possibility of submitting a response to an enquiry or request regarding the activities of Application owner. Period of maintaining current relations, e.g. responding to enquires, presenting offers, exchanging correspondence.
5 Handling, investigating and defending against mutual claims. Processing is necessary for the purposes arising from the legitimate interests of the administrator (Article 6(1)(f) of the GDPR) regarding the right to defense or to take investigation steps in the event of mutual claims. For a period in which parties to a negotiations may be entitled to civil claims (limitation period).
6 Handling of complaints and requests. Processing is necessary for the purposes arising from the legitimate interests of the administrator (Article 6(1)(f) of the GDPR), regarding the care of the quality and image of the entrepreneur. 10 years from the end of the calendar year counting from the following year in which the agreement has been performed.
7 Marketing of own services. Processing is necessary for the purposes arising from the legitimate interests of the administrator (Article 6(1)(f) of the GDPR). Up to statement of objections.

Information on recipients of personal data.

Personal data may be disclosed to the following categories of recipients:

  • authorized employees and associates of Viamobile Sp. z o.o.;
  • entities providing selected services to Viamobile Sp. z o.o., including services ensuring the proper implementation of the agreement – such as: hosting, analytical and marketing services provided on websites;
  • products and services providers;

The data shall be disclosed only to trusted recipients and processed only to the extent that it is necessary to provide services to Viamobile Sp. z o.o.

Information on the exercised rights of the data subject.

In relation to the processing of personal data, you have the following rights with regard to these data:

  • the right to access and receive a copy of the data records, provided that the right to receive a copy does not negative impact on the rights and freedoms of others;
  • the right to correct (edit) your personal data, if these are incorrect;
  • the right to remover personal data, in a situation where data processing is not carried out in order to fulfill the obligation resulting from a legal provision and is not necessary to establish, investigate or defend against claims;
  • the right to withdraw consent, if the processing of personal data is carried out on the basis of consent, whereby the withdrawal of consent does not affect the lawfulness of the processing, which was made on the basis of consent before its withdrawal;
  • the right to object to processing of personal data due to the particular situation, in cases where data are processed in connection with the performance of the legitimate interest of Viamobile Sp. z o.o .;
  • the right to limit processing of personal data;
  • the right to transfer personal data processed in an automated manner on the basis of consent or agreement;
  • the right to submit a complaint to the supervisory authority, i.e. to the President of the Personal Data Protection Office, address: ul. Stawki 2; 00-193 Warszawa.

The performance of the indicated rights may be subject to limitation on the principles specified in the law.

Information on obligation to submit personal data.

Providing the data is voluntary, although it is necessary if we are to provide the Service and respond to enquiries or other requests.

Information on automated personal data processing, including profiling.

Personal data shall not be used for automated decision-making within the meaning of data protection law.

As a result of the processing of personal data, profiling may be applied, by only within the scope and on the principles described in the Privacy Policy.

Information on transfer of personal data beyond European Economic Area.

Personal data are transferred to third countries, i.e. outside the European European Area in a limited scope (e-mail address, mobile phone number), only for the purpose of providing SMS notification and e-mail notifications – also for the purpose of marketing communication.

Personal data are only transferred to entities that guarantee an appropriate level of personal data security. The guarantees referred hereto have been secured by appropriate data processing agreements.

The main technological infrastructure of the Nais Platform, including main database of the Nais Platform, is located in Poland.

This Information Clause shall apply from 25/05/2018.
Updated version of document shall apply from 02/01/2019.