aff44 sp. z o.o. Privacy Policy
§.1 General provisions
1). This Privacy Policy governs the processing of personal information collected through aff44.com (personal information of publishers/advertisers excluding personal information of publishers’ and advertisers’ customers).
2). This Privacy Policy applies to all websites and companies of the Data Controller whose link/contact details are provided at aff44.com.
3). The Controller of your personal data referred to in Article 4 paragraph 7 GDPR (Publishers and Advertisers) is aff44 sp. z o.o., National Business Registry Number REGON: 362264862, Tax Identification Number NIP: 5223035736, National Court Register Number KRS: 0000570760, with its registered office at ul. Marka Kotańskiego 8/4, 10-166 Olsztyn. Protection of personal data referred to in Article 4(1) of GDPR takes place in accordance with the requirements of generally applicable laws and regulations, and their storage takes place on secure servers.
4). Personal data collected by the Data Controller through aff44.com are processed in accordance with applicable laws on the protection of personal data, including Regulation (EU) 2016/679 of the European Parliament and of 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 and repealing Directive 95/46/EC (General Data Protection Regulation), hereinafter referred to as “GDPR”.
5). The terms used in this Privacy Policy shall be understood within their meaning from the glossary below .
6). Glossary:
a). ACT ON THE PROTECTION OF PERSONAL DATA – means the Act of 10 May 2018 on the Protection of Personal Data, i.e. (Journal of Laws of 2018.1000 of 2018.05.24)
b). PERSONAL DATA – information about an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as name, identification number, location data, internet identifier or one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of a natural person.
c). GDPR – Regulation (EU) 2016/679 of the European Parliament and of 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 and repealing Directive 95/46/EC
d). PERSONAL DATA CONTROLLER – a natural or legal person who independently or jointly with other co-controllers determines the purposes and methods of processing Personal Data of an Advertiser or Publisher. The controller of personal data of Publisher’s or Advertiser’s customers is the Publisher or Advertiser who sends text messages or emails to their customers via a link that was provided to the Publisher/Advertiser by aff44.
e). WEBSITE – shall be the websites available at aff44.com, through which the services of the aff44 Personal Data Controller are provided to the personal data controller (Advertiser/Owner).
f). USER – is understood as a person visiting the services of the personal data controller aff44 sp. z o.o., a person intending to use or using services offered by the personal data controller, including a person registering on the Website in order to start cooperation in the field of affiliation by the Publisher of an Advertiser.
§. 2 Personal Data Controller
1). Service Provider (Publisher/ Advertiser) is the controller of personal data of its customers. This means that if the Advertiser/Owner has an Account on our website, we process your data such as: name, surname, e-mail address, telephone number, IP address, etc.
2). Personal data are processed:
a). in accordance with the provisions on the protection of personal data,
b). in accordance with the implemented Privacy Policy,
c). in the scope and for the purpose necessary to establish and shape the content of the Agreement, change or terminate it and for the proper performance of Services provided by electronic means,
d). to the extent and for the purpose necessary to fulfil legitimate interests (legitimate purposes) and the processing does not violate the rights and freedoms of the data subject;
e). the extent and for the purpose consistent with the consent given by you.
f). to the extent necessary to conclude and perform a cooperation agreement, confirm the identity of the User, collect fees, consider complaints and reports of abuse.
Legal basis: Necessity of processing to conclude and perform the contract; implementation of legal and contractual obligations to which the subject is aff44 sp. z o.o.
g). Maintaining and communicating through websites, including through chat, electronic contact forms, newsletters, etc., as well as through the Internet.
Legal basis: Realisation of legally justified interests of aff44 sp. z o.o. (i.e. communication with Users) and additionally by consent – if required (e.g. by telecommunication law).
h). Direct and indirect marketing of products and services (i.e. receiving commercial information through various communication channels).
Legal basis: Realisation of legally justified interests of aff44 sp. z o.o. and additionally by consent – with respect to electronic and telephone communication channel.
i). Enforcement and defence against claims in connection with the use of the Service. In order to establish, seek and enforce claims, some personal data provided by the User in the course of using the Website may be processed, such as: name, surname, data concerning the use of services, if the claims result from the manner in which the User uses the services, other data necessary to prove the existence of the claim, including the extent of the damage suffered.
Legal basis: Realisation of legally justified interests of aff44 sp. z o.o. (i.e. seeking claims and defence against claims).
j). Collection of navigational information, including information about links and references, that you choose to click on, or other actions taken on the Site.
Legal basis: Realisation of the legitimate interests of aff44 sp. z o.o. (i.e. facilitating the use of electronic services and improving the functionality of these services).
k). Conducting statistical surveys, analytical purposes, User satisfaction surveys.
Legal basis: Realisation of legally justified interests of the Company related to the improvement of offered products and services.
l). Ensuring the security of the IT system; restoring operational continuity (e.g. creating backup copies).
Legal basis: Realisation of legally justified interests of aff44 sp. z o.o. (i.e. ensuring security).
m). Execution of legal obligations resulting from the provisions of Polish and EU law.
Legal basis: Compliance with legal obligations arising from, among others, the provisions of universally applicable law and tax law or accounting regulations.
4). Every person who is a data subject has the right to access, rectify, delete or limit the processing, the right to object, the right to lodge a complaint to the supervisory authority concerning the processing of your personal data.
5). Contact with the person supervising the processing of personal data in the Service Provider’s organisation is possible via e-mail: rodo@aff44.com.
6). We reserve the right to process your data after termination of the contract or withdrawal of consent only to the extent necessary for the purpose of pursuing possible claims in court or if national or EU legislation or international law obliges us to retain data.
7). The Service Provider has the right to share personal data of the User and other data of the User with entities authorised under the relevant provisions of law (e.g. law enforcement agencies).
8). The deletion of your personal data may take place following the withdrawal of your consent or by lodging a legally admissible objection to the processing of your personal data.
9). Service Provider does not make personal data available to entities other than those authorised under the relevant provisions of law.
10). We have implemented pseudonymisation, data encryption and access control in order to minimise the effects of possible data security breaches.
11). Personal data are processed by persons exclusively authorised by us or by processors with whom we cooperate closely.
12). A User who only visits and browses the Website does not have to provide their identity or disclose their Personal Data.
13). We respect the right to privacy and care about data security. To this end, we use, among others, a secure communication encryption protocol (SSL).
14). Personal data provided via our website are treated confidentially and are not visible to unauthorised persons.
15). In the registration form, the User (Publisher/ Advertiser) should indicate:
First name
Last name
Tax Identification Number of the Company
Email address
Telephone number
a). Transfer of personal data to aff44 sp. z o.o. is voluntary, in connection with the provision of services through the Website, but with the reservation that failure to provide the data specified in the forms during the Registration process impedes the Registration.
b). If the User agrees to receive marketing communications to their email address, aff44 sp. z o.o. will send them emails containing commercial communications about special offers and new products available through the Website
§.3 Cookies
1). Websites use cookies. These are small text files sent by the web server and stored by the browser software on your computer. When the browser reconnects to the website, the website recognises the type of device from which the User connects. Parameters allow the information contained in them to be read only by the server that created them. Cookies therefore make it easier for you to use websites you have previously visited.
2). The information collected includes your IP address, browser type, language, operating system type, internet service provider, time and date, location and information sent to the website via the contact form.
3). The data collected is used to monitor and verify how Users use our sites to improve the service for more efficient and seamless navigation. We use Google Analytics, a web analytics tool, to track your usage of the website.
4). Cookies identify the User which allows us to tailor the content of the website to their needs. By remembering the preferences, it enables us to tailor the advertising to suit the User’s needs. We use cookies to ensure the highest standard of convenience on our site, and the data collected is used only by our companies to optimise operations.
5). On our website we use cookies, which are:
a). “necessary” cookies, enabling the use of services available within the Website, e.g. authenticating cookies used for services requiring authentication within the Website;
b). cookies used to ensure security, e.g. used to detect abuse in the scope of authentication within the Website;
c). “performance” cookies, enabling the collection of information on the use of the website of the Service;
d). “functional” cookies, which enable “remembering” the settings selected by the User and personalisation of the User’s interface, e.g. in the scope of a selected language or region from which the User originates, font size, appearance of the website, etc.;
e). “advertising” cookies, enabling the provision to Users of advertising content more adapted to their interests.
6). At any time, the User can disable or restore the option of collecting cookies by changing the web browser settings. The instruction for managing cookies is available on the Website.
7). Additional personal data, such as the User’s e-mail address, is only collected in places where the User has explicitly consented to this by completing the form. We store and use the above data only for the purposes necessary to perform the given function.
§.4 Recipients of personal data
1). User’s personal data are transferred to the service providers used by aff44 sp. z o.o. for the operation of the Website. The service providers to whom the personal data are transferred, depending on the contractual arrangements and circumstances, either follow the instructions of aff44 sp. z o.o. as to the purposes and methods of processing these data (processors) or determine the purposes and methods of processing the data (data controllers).
a). Data Processors: aff44 sp. z o.o. uses suppliers that process personal data only at the request of aff44 sp. z o.o. These include, among others, providers of hosting services, accounting services, marketing systems, traffic analysis systems for analysing traffic on the Website, systems for analysing the effectiveness of marketing campaigns.
b). Data Controllers: aff44 sp. z o.o. uses suppliers who do not act only on instructions and determine the purposes and methods of using personal data of Users.
2). Location: Service providers are mainly based in Poland and other countries of the European Economic Area (EEA).
3). In case of a request, aff44 sp. z o.o. provides personal data to authorised state authorities, in particular to organisational units of the Public Prosecutor’s Office, the Police, the President of the Personal Data Protection Office, the President of the Office of Competition and Consumer Protection or the President of the Office of Electronic Communications.
§.5 Time period of personal data processing
1). The period of storage of personal data by aff44 sp. z o.o. depends on the purpose of processing and amounts to:
a). in connection with the performance of the Agreement on cooperation and enforcement of claims and defence against claims related to it – for the duration of the agreement, and after its termination until the statute of limitations of claims related to it (this period results from the provisions of the Civil Code, unless a special provision provides otherwise, the statute of limitations is six years, and for claims for periodic benefits and claims related to the conduct of business activities – three years);
b). in connection with the maintenance and communication via websites – for a period of 30 days;
c). in connection with the handling of requests and complaints or other letters addressed to aff44 sp. z o.o. – until the matter covered by the request, complaint or other letter addressed to aff44 sp. z o.o. is clarified;
d). in connection with direct marketing – until the User objects to or withdraws the relevant consent, and after withdrawal of consent for a period of time corresponding to the period of limitation of claims that may be raised against aff44 sp. z o.o.
e). in connection with statistical surveys, analytical activities, satisfaction surveys, for the duration of the contract and, after its completion, only in anonymised or aggregated form (statistical data);
f). in connection with legal obligations, until the expiry of the obligation (e.g. accounting documents, including the data contained therein, require retention for a period of five years)
§.6 Rights of data subjects
1). aff44 sp. z o.o. ensures that the rights of data subjects are exercised in accordance with the GDPR [General Data Protection Regulation].
2). Right to withdraw consent – in accordance with Article 7(3) of the GDPR:
a). The User has the right to withdraw any consent given to aff44 sp. z o.o.
b). Withdrawal of consent shall take effect from the moment the User expresses their will to withdraw consent.
c). The withdrawal of consent does not affect the legality of the processing of personal data carried out by aff44 sp. z o.o. that was taking place before the withdrawal of consent.
3). Right of access to data – in accordance with Article 15 of the GDPR:
a). The User has the right to obtain from aff44 sp. z o.o. a confirmation of the processing of their personal data, and in such case, they have the right:
i. to access their personal data
ii. to obtain information about the purposes of processing, the categories of personal data processed, the recipients or categories of recipients of such personal data, the planned period of storage of the User’s personal data or the criteria for determining this period (when it is not possible to determine the planned period of data processing), the rights of the User under the GDPR and the right to lodge a complaint with the supervisory authority, the source of such data, automated decision making, including profiling, and the safeguards applied in connection with the transfer of such data outside the European Union.
iii. to obtain a copy of their personal data.
4). The right to rectify data – in accordance with Article 16 of the GDPR:
a). The User has the right to request Aff44 Sp. z o.o. to promptly rectify any personal information about them that is not correct.
b). With regard to the purposes of the processing, the data subject has the right to request supplementation of incomplete personal data, including by submitting an additional declaration.
c). The User may request the correction or supplementation of personal data in the form of an e-mail sent to the address indicated in § 2 point 5 of this Privacy Policy.
5). The right to erasure (‘the right to be forgotten’) – in accordance with Article 17 of the GDPR:
a). The User has the right to request the deletion of all or some of their personal data.
b). The User has the right to request the deletion of their personal data if:
i. the personal data are no longer necessary for the purposes for which they were collected or for which they were processed;
ii. the User withdrew a specific consent as long as the personal data were processed on the basis of this consent;
iii. the User objected to the use of their personal data for marketing purposes;
iv. personal data are unlawfully processed;
v. personal data must be deleted in order to comply with a legal obligation under EU law or the law of the Member State to which aff44 sp. z o.o. is subject;
vi. personal data have been collected in connection with the provision of information society services.
c). Despite the request to delete personal data, in connection with objection or withdrawal of consent, aff44 sp. z o.o. may retain certain personal data to the extent that the processing is necessary to establish, enforce or defend claims, as well as to comply with a legal obligation requiring processing under the EU law or the law of a Member State to which aff44 sp. z o.o. is subject. This applies in particular to personal data including: name, surname, e-mail address, which are stored for the purpose of handling complaints and claims related to the use of aff44 sp. z o.o. services, or additionally the address of residence / mailing address, which are stored for the purpose of handling complaints and claims related to contracts for the provision of services.
6). Right to limit processing of data – in accordance with Article 18 of the GDPR:
a). The User has the right to request that the processing of their personal data be limited. Submitting a request, until it is considered, prevents the use of specific services, the use of which will be associated with the processing of data covered by the request. Until the request is considered, aff44 sp. z o.o. will not send any messages, including marketing messages.
b). The User has the right to request that the use of their personal data be limited in the following cases:
i. when they question the correctness of their personal data – then aff44 sp. z o.o. limits the use for the period needed to verify the correctness of the data, however, for no longer than 7 days;
ii. when the processing of data is illegal and instead of deleting the data, the User demands limiting the use of the data;
iii. when personal data is no longer necessary for the purposes for which it was collected or used, but is needed by the User in order to establish, assert or defend claims;
iv. when they objected to the processing of their personal data – then the limitation is for the time needed to consider whether – due to this particular situation – the protection of interests, rights and freedoms of the User outweighs the interests pursued by the Data Controller when processing the User’s personal data.
7). Right to transfer the data – in accordance with Article 20 of the GDPR:
a). The User has the right to receive their personal data, which they has provided to the Data Controller, and then send them to another personal data controller chosen by them. The User has also the right to demand that the personal data be sent directly by the Data Controller to such a data controller, if it is technically viable. In such a case, the Data Controller shall send the User’s personal data in the form of a file in csv format, which is a commonly used machine readable format allowing for the transfer of the received data to another personal data controller.
b). If the User exercises any of the above rights, aff44 sp. z o.o. shall fulfil the User’s request or refuse to fulfil it immediately, but no later than one month after its receipt. If, however, due to the complexity of the request or the number of requests, aff44 sp. z o.o. is unable to fulfil the request within one month, it will fulfil the request within the next two months, informing the User about the intended extension of the deadline and the reasons for it within one month following the receipt of the request.
c). The User may submit to the Data Controller complaints, inquiries and motions concerning the processing of their personal data and the exercise of their rights.
d). The User has the right to request aff44 sp. z o.o. to provide copies of the standard contractual clauses by sending an inquiry in the manner specified in §6 of this Privacy Policy.
8). Right to object to the processing of data – in accordance with Article 21 of the GDPR;
a). The User has the right to object at any time – for reasons related to their particular situation – to the processing of their personal data, including profiling, if aff44 sp. z o.o. processes their data based on a legitimate interest, e.g. marketing of aff44 sp. z o.o. services.
b). The User may object to the processing of personal data in the form of an e-mail sent to the address indicated in § 6 point 2 of this Privacy Policy containing information on resignation from receiving marketing messages informing about aff44 sp. z o.o. services.
c). If aff44 sp. z o.o. deems the User’s objection justified and there is no other legal basis for processing of the User’s personal data, it will delete the personal data against the processing of which the User has objected.
9). The User has the right to lodge a complaint with the President of the Personal Data Protection Office concerning violation of their rights to the protection of personal data or other rights granted under the GDPR.
§.7 Amendments to the Privacy Policy
1). aff44 sp. z o.o., managing the Website, reserves the right to make amendments to the Privacy Policy at any time. Privacy Policy updates will be posted on the aff44.com website.
2). Questions about this Privacy Policy can be sent to the following address: rodo@aff44.com.
3). Date of last modification: 30.12.2019.