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Privacy Policy (1.10.2015 - 24.05.2018).

Privacy Policy

 

1APPLICATION AND ACCEPTANCE

 

      1. The data controller for the Users who are natural persons within the meaning of Polish Personal Data Protection Act of 29 August 1997 (Journal of Laws of 2016 item 922, hereinafter the “Data Protection Act”, consolidated text: Journal of Laws of 2002 no. 101 item 926 as amended) is Grupa Olx Sp. z o.o. with its registered office in Poznań 61-872 Poznań, ul. Królowej Jadwigi 43, entered in the Register of Enterprises kept by the Poznań-Nowe Miasto i Wilda District Court in Poznań, 8th Commercial Division of the National Court Register, at KRS no. 0000268796 (hereinafter the “Operator”).
      2. The Users' data filing system has been entered in the register of the data filing systems processed by the Operator and it is managed by the Information Security Administrator appointed by the Operator. This register is available for inspection in the Operator's registered office.
      3. The objective of the Privacy Policy is to define the actions to be taken by the Operator in respect of the personal data gathered through www.otomoto.pl and the mobile application as well as through the related services and tools used by the Users to perform such activities as registration on the Site, posting and browsing of Classified advertisements, and a number of other related activities. All the activities in questions are governed by applicable laws regarding data protection. This Privacy Policy is governed by Polish laws, in accordance with the Personal Data Protection Act of 29 August 1997(consolidated text: Journal of Laws of 2002 no. 101 item 926 as amended).
      4. A User who uses the Site, downloads the mobile application or uses the related services and tools is requested to confirm that they are familiar with and understand this Privacy Policy and the OTOMOTO Site Terms & Conditions. By checking the right box in the OTOMOTO Site registration form, the User may agree to the use of their personal data in accordance with the Site Terms & Conditions and with this Privacy Policy.
      5. The User acknowledges that by clicking the links on the OTOMOTO.pl Site or in the mobile application, they me be redirected to third-party services which are outside the administered environment of the Site and where the data collection process is beyond the Operator's immediate control. The Operator has no control over the content of the privacy policies, if any, applicable to the services or apps of third parties.

 

2DATA COLLECTION, ACQUISITION AND RETENTION

 

      1. Account data and profile data: Users creating an Account on the Site may be required to give specific information, such as an e-mail address and a password. These data are given on a voluntary basis but they are necessary if the User wants to use the Site. Users may create a profile, which will contain such data as the location, first and last name, phone number and the related information, including a picture attached by the User. If there is interest in what the User has to offer, the profiles allow the Users to communicate with one another. Users provide information in their public profile at their own risk. A User should carefully analyse the risk of publishing their personal data, in particular the address or exact location. In the event of logging in the Site through an external authentication service, e.g. Facebook, Connect, the Operator obtains the data only in the form of the User's e-mail address.
      2. Classified advertisements and transactions: Within the OTOMOTO Site, the Operator may retain such information as personal data and the contact details necessary for the buyer and the seller to close a transaction, send messages, communicate with other Users and pay for the services provided by the Operator through the Site. All the data necessary to post a Classified will also be required for the creation of an Account. The information included in the Classified advertisements are shared at the User's own risk. A User should carefully analyse the risk of publishing their personal data, in particular the address or exact location, in the Classified.
      3. Games, advertising and promotions: Within the Site, the Operator may collect the User's personal data, such as first and last name and contact details, if the User participates in games, quizzes or marketing promotions offered directly on the Site or on third-party sites sponsored by the Operator. Within the OTOMOTO.pl Site, the Operator may also process the data regarding the effectiveness of advertising campaigns, including the viewed and clicked advertisements, whether directly on the Site or on third-party sites.
      4. User Service: Within the Site, the Operator may gather the personal data of the Users contacting the User Service as necessary to process the User's request and to contact the User if necessary. The contact will also be possible through the use of the data posted to that end in the User's Account. The Operator shall have the right to collect other data related to communications with the Users, e.g. information about support requests or User feedback.
      5. The data gathered through the website and the mobile devices: provided that the User's prior written consent has been obtained, which consent may be expressed through the settings of the web browser, the Operator may automatically obtain and record the data transmitted to the server by the User's web browsers or devices, e.g. the IP address, the software and hardware parameters, the websites viewed, the mobile device identification number, information about the use of the app, and other data regarding the devices and the use of systems. The aforesaid information will be collected if a webpage or mobile application of the Site or third-party services are used. For more about the above data see section 3 of this Privacy Policy.
      6. Supplementation of the acquired data: The Operator may supplement its information about the Users by adding data obtained legally from its business partners and third parties. In such a case, the Operator will inform the individuals to whom the data obtained from other entities pertain about the source of the data and their rights.

 

3. IP ADDRESS, COOKIES AND IDENTIFICATION NUMBER OF MOBILE DEVICES:

 

1. Provided that the User's consent is obtained, the Operator may collect, within the Site, data through such technologies as cookies, tracking pixels and objects shared locally (e.g. in the browser or on a device). Cookies are small text files that store data locally on a computer, a mobile phone or another device of the User. Pixels are small images that form a part of a website code and allow another server to e.g. measure a webpage viewing rate and are often used along with cookies. The code tracks whether and when (and on which page) the pixel was loaded, providing the information that the User has viewed the whole or a part of the page. Furthermore, the Operator may enable third parties such as advertisers or providers of analytical tools to collect information using the above technologies directly on the webpages or in the mobile application of the Site. Thus collected data are covered by the privacy policies adopted by these third parties.

2. The User may give the consent referred to in clause 3(1) above through the settings of their web browser or service configuration.

3. Through cookies, the website server is able to retain information e.g. about the preferences and settings of the computer, mobile phone or another device of the User that are recorded during anther visit. In other words, cookies are used e.g. to ensure a user-friendly Site, which can be used without logging in each time. Within the Site, the Operator collects both persistent cookies and session cookies. Persistent cookies are kept on the User's computer for a longer time, while session cookies are deleted automatically once the web browser is closed.

3. The User may define the terms and conditions of storing or accessing the information recorded as cookies through the their web browser settings or service configuration. For more information about the cookie technology, see www.wszystkoociasteczkach.pl.

4. The Operator may allow third parties such as advertisers or providers of analytical tools to collect information using the above technologies directly on the webpages or in the mobile application of the Site. Thus collected data are covered by the privacy policies adopted by these third parties.

 

4. USE OF THE COLLECTED DATA

 

1. The Operator has the right to use the data collected and kept on the Site for the following purposes:

        1. to provide User service, which includes User account creation and management, troubleshooting and provision of functions;
        2. to adapt the services offered and the User's experience, including advertisements, in the properties of the Site or in the properties of third-party services;
        3. to monitor the activity of all and specific Users, e.g. the searched key words, the Classified advertisements posted, and manage the Site traffic;
        4. to contact the Users, including for purposes connected with service provision, with User service, and with permitted marketing activities, through the available communication channels, in particular e-mail and the phone;
        5. to conduct research and analyses to improve the functioning of the available services; and
        6. to enforce the observance of the Site Terms & Conditions, including to fight scams and fraud.

 

2. The Operator has the right to collect the data collected and tracked on the Site only to achieve the above business objectives.

 

5. DATA SHARING

 

1. The Operator may share the collected data with other websites managed by the Operator's business.

2. If there is interest in a Classified, the Operator may – by providing the profiles with appropriate functionalities – share the User's personal data with other users to enable them to contact the User.

3. The Operator does not share the collected personal data of the Users with any non-affiliated parties without the consent of the concerned Users, unless the following circumstances arise:

        1. The Operator may use the support of third parties to provide its own services, in which case these parties have no right to any unauthorised use of the personal data processed on behalf of the Site, and their actions are governed by the provisions of this Privacy Policy.
        2. The Operator keeps the right to share the data with public authorities supporting the Site in the fight against fraud and scams on the Site in any proceedings regarding potential violations of the law or in the fight against any other potential violations of the Site Terms & Conditions as required by applicable laws.

4. Within the adopted Privacy Policy, the Operator undertakes not to lend or sell the Users' personal data. In the event of restructuring or sale of the Operator's business or its substantial part to a new owner, the Users' personal data may be transferred to the buyer to ensure the continuation of service provision within the Site.

5. The Operator may share anonymised data (i.e. data that do not identify specific Users) with third-party service providers, trusted partners or research agencies to learn more about the appeal of advertisements and services to the Users, improve the general quality and efficiency of the service provided by the Site or by the said entities or to participate in scientific research beneficial to the public.

 

6. CONTROL METHODS FOR THE USER

 

1. Accessing, editing and deleting the data: Users who have created an Account or post the Classified advertisements within the Account have the right to access, edit and delete the data they have provided. The User warrants that the data they are providing and published on the Site are accurate. Data of the Classified advertisements may be modified or deleted by the User in the “Moje OTOMOTO” section on the webpage/in the mobile application of the Site.

2. Choice of third parties: Some third parties acting within the Site, e.g. Google Adwords, enable the Users to withdraw their consent to the collection and processing of data for the purpose of advertisements based on the User's activity. For more about the possibility of making the choice see http://www.youronlinechoices.com or http://www.networkadvertising.org.

3. Cookies: The majority of desktop and mobile browsers (e.g. Safari, Firefox, Internet Explorer, Chrome, Opera) allow the User to limit or block the activity of cookies in their system. However, disabling cookies in the web browsers in respect of first-category domains (the visited websites) and the remaining domains (websites of companies other than the directly visited ones) may in some cases limit the functionalities of the pages.

 

7. SECURITY

 

1. All the data gathered by the Operator are protected using reasonable technical and organisational measures as well as security procedures to secure the data against unauthorised access or use, against being taken away by an unauthorised person, against any processing that violates the statute and against modification, loss, damage or destruction. The parties affiliated with the Site, trusted partners and third-party service providers have undertaken to manage the data in accordance with the Operator's security and privacy protection requirements.

 

8. AMENDMENT OF THE PROVISIONS

 

1. The Privacy Policy was last amended on 1 October 2015. The Operator may change the provisions of this Privacy Policy if necessary. In such a case, the provisions of the Terms & Conditions related to the modification thereof shall apply as appropriate.

 

9. CONTACT DETAILS

 

1. Submit any questions regarding the Privacy Policy to pomoc@otomoto.pl