Privacy Policy
INTRODUCTION
- This Privacy Policy stipulates in what way The Consultant uses the personal data of users who visit The Consultant’s websites, interact with them, and make use of Tomasz Babiec’s services. It also informs about the user’s rights, and how the law protects the user.
- It is important that each user reads this Privacy Policy so that they can use the websites and Tomasz Babiec services with full awareness (including knowing in what way and why the data is used).
- In the case of any questions or the desire to exercise the right to privacy, the instructions contained in this Privacy Policy should be followed. Tomasz Babiec is at your disposal.
DATA CONTROLLER
- The controller of personal data is SC Enterprises Group LLC, Sharjah Media City, Sharjah, UAE (“The Consultant” or “Tomasz Babiec”). The Consultant can be contacted by sending an email to tomasz@tomaszbabiec.com.
STATEMENT CONCERNING COPPA
- This website and Tomasz Babiec services contain information that is not directed at children (persons under the age of 13). This website and all other related services and sites (including services and websites of Tomasz Babiec’s partners) are not intended for children, and thus Tomasz Babiec does not knowingly collect data relating to children.
COLLECTED DATA
- Tomasz Babiec collects various information about its customers and visitors when it is provided to Tomasz Babiec, when users make use of Tomasz Babiec’s services, or when Tomasz Babiec obtains it from a different source. The collected data can be classified into the following categories:
| Identification Data | Name and surname, company name (affiliation) and address. In the case of contact by means of social media, also the username used on these platforms. |
| Contact Data | Name and surname, company name (affiliation) and address. In the case of contact by means of social media – also the username used on these platforms. In the case of subscribing to the newsletter, the Contact Details pertain only the given name and e-mail address. |
| Financial Data | Transaction and Stripe account user data. |
| Technical Data | Internet Protocol (IP) address, browser type and version, time zone settings and location, browser plug-in types and versions, operating system and platform, and other technologies used on devices that users use to access this website. |
| Usage Data | Information on the use of the website or services (behavioral tracking) |
| Tracking Data | Information that Tomasz Babiec or other entities collect about users through cookies and similar tracking technologies such as web beacons, pixels and identifiers of mobile devices. |
- Tomasz Babiec collects, makes available, and uses Aggregated Data (statistical or demographic data), which however, do not constitute personal data. If this data is combined by Tomasz Babiec with data enabling the user’s identification, then the aggregated data is treated by Tomasz Babiec as personal data.
- Tomasz Babiec does not collect sensitive data (data of a special category), including data revealing racial origin, ethnicity, religious beliefs, data concerning sex life and orientation, political views, information on health and diseases, as well as biometric and genetic data.
- If a given user decides not to share certain data with Tomasz Babiec, this may result in the inability to provide services provided by Tomasz Babiec. In cases where the law requires consent, it is always voluntary. However, Tomasz Babiec does not only rely on users’ consent when processing data, but also on other grounds for data processing.
DATA COLLECTION METHOD
- Tomasz Babiec uses various methods of collecting personal data, i.e.:
| Direct interactions | The user transfers the data directly to Tomasz Babiec. The transfer takes place with registration (conclusion of a contract), contact by post or telephone, and contact by means of social media or with the performance of a contract (marketing services). |
| In this way, we collect Identification Data, Contact Data and Financial Data. | |
| Automated activities | Data is collected automatically when interacting with Tomasz Babiec (including by means of the website), through cookies and analytical tools. |
| This way, we collect Technical Data, Usage Data, and Tracking Data. We may also collect Aggregated Data. | |
| We use automatic actions only in Google Analytics and Hotjar. | |
| From third parties | The data is transferred by entities external to Tomasz Babiec (including entities providing tracking and statistical services, etc.), so far as these entities have a legal basis for the transfer. This basis is usually the user’s consent. |
| This way, Technical Data, Usage Data, and Tracking Data is collected. We may also obtain Financial Data (payment operators). | |
| Necessary personal data may be obtained by Tomasz Babiec also by means of API located on the portals of Tomasz Babiec’s business partners, and entities providing services to Tomasz Babiec. |
DATA USAGE METHOD
- The way data is used by Tomasz Babiec depends on the purpose for which the data was transferred or obtained:
| When we perform an already concluded contract or want to conclude it. | For example, when the user logs in |
| When it is justified by the interests of Tomasz Babiec or the interests of third parties, and the interests of the user do not override | For example, when we have a reasonable suspicion of fraud; when Tomasz Babiec wants to inform about new services |
| When Tomasz Babiec has to fulfill its legal obligation | For example, for tax settlements |
In principle, however, Tomasz Babiec uses the data for: (a) the provision of services that are electronically provided, and in the case of users with whom the contract has been concluded – also for the performance of this contract; (b) the provision of other services; (c) the handling of inquiries, requests, and orders; (d) marketing activities (marketing of own products); (e) analytical purposes, and to improve the performance of websites and services provided by Tomasz Babiec; (f) the purposes of development, repair or testing of various functionalities;
LEGAL BASIS FOR DATA COLLECTION. RETENTION
- Tomasz Babiec may process personal data on the following legal grounds:
| Performance of the contract, or activities prior to its conclusion | Article 6 (1) 1 letter b) of GDPR Regulations
The data is stored for the period necessary to perform, to terminate, or otherwise for the expiration of the concluded contract. | Identification Data, Contact Data, and Financial Data |
| Direct marketing | Article 6 (1) 1 letter f) of GDPR Regulations
The data is stored for the duration of the legitimate interest performed by Tomasz Babiec, however, in the event of exercising the right to object, or withdrawing consent to receive the newsletter, no longer, however, than for the period of limitation of claims after performance of such action. The limitation period is determined by the law, in particular the Civil Code (the basic limitation period for claims related to running a business is three years).
Tomasz Babiec cannot process data for the purpose of direct marketing in the event of an effective objection in this regard by the person whose data it concerns. | Contact Data |
| Bookkeeping | Article 6 (1) 1 letter c) of GDPR Regulation
Data is stored for the period required by law requiring Tomasz Babiec to store accounting books (5 years from the beginning of the year following the financial year to which the data relates). | Identification Data, Contact Data and Financial Data, tax identification number |
| Providing an answer to the question asked | Article 6 (1) 1 letter f) of GDPR Regulations
Data is stored for the duration of the legitimate interest pursued by Tomasz Babiec, however, no longer than for the period necessary to answer the questions asked. | Identification Data, Contact Data |
| Establishing, pursuing, or defending claims | Article 6 (1) 1 letter f) of GDPR Regulations
Data is stored for the duration of the legitimate interest pursued by Tomasz Babiec, however, no longer than for the period of limitation of claims against the person whose data it concerns. The limitation period is determined by the law, in particular the Civil Code (the basic limitation period for claims related to running a business is three years). | Identification Data, Contact Data and Financial Data, tax identification number |
| Ensuring data security and protection, as well as protection against fraud | Article 6 (1) 1 letter f) of GDPR Regulations
Data is stored for the duration of the legitimate interest pursued by Tomasz Babiec, however, no longer than for the period of limitation of claims against the person whose data it concerns. The limitation period is determined by the law, in particular the Civil Code (the basic limitation period for claims related to running a business is three years). | Identification Data, Contact Data and Financial Data |
RIGHTS OF PERSONS WHOM THE DATA CONCERNS
- The data subject (user) has the following rights:
| Right of access, rectification, restriction, deletion, or transfer | the person whose data it concerns has the right to request Tomasz Babiec to access their personal data, rectify it, delete it (“the right to be forgotten”), or to limit the processing, and has the right to object to the processing, and has the right to transfer their data. Detailed conditions for the exercise of the above-mentioned rights are set out in Art. 15-21 of the GDPR Regulation |
| The right to withdraw consent at any time | a person whose data is processed by Tomasz Babiec on the basis of expressed consent (pursuant to art.6 (1) letter a) or art. 9 (2) letter a) of the GDPR Regulation) has the right to withdraw consent at any time without affecting the lawfulness of the processing which was carried out on the basis of consent before its withdrawal |
| The right to file a complaint with the supervisory authority | the person whose data is processed by Tomasz Babiec has the right to file a complaint with the supervisory authority in the manner and mode specified in the provisions of the GDPR Regulation. |
| The right to object | the person whose data it concerns has the right to object at any time – for reasons related to their particular situation – to the processing of their personal data based on art. 6 (1) letter e) (public interest or tasks) or f) (legitimate interest), including profiling based on these provisions. Tomasz Babiec, in such case, is no longer allowed to process this personal data, unless it demonstrates the existence of valid legitimate grounds for processing, overriding the interests, rights, and freedoms of the person whose data it concerns, or grounds for establishing, investigating, or defending claims |
| The right to object in regards to direct marketing | if personal data are processed for direct marketing purposes, the person whose data it concerns has the right to object at any time to the processing of their personal data for the purpose of such marketing, to the extent that the processing relates to such direct marketing |
- Exercising the rights of the person whose data it concerns is done by contacting Tomasz Babiec using the contact details specified at the beginning of the policy.
PROFILING
- Tomasz Babiec does not perform profiling.
TRANSFER OF DATA
- Data collected by Tomasz Babiec, in principle, is not transferred to third parties. However, Tomasz Babiec can:
a. transfer the data of persons who have used Tomasz Babiec services to entities supporting Tomasz Babiec in providing services, such as payment service providers or analytical tool providers (e.g., Google Analytics);
b. transfer data to law enforcement authorities, supervisory authorities, entities performing public tasks or others, when the obligation to disclose data results from legal provisions.
The transfer of data must always take place on the basis of a legal provision or an appropriate contract (entrusting the processing of personal data).
- Data may be transferred outside the European Economic Area, with Tomasz Babiec ensuring that appropriate security measures are provided. In particular, Tomasz Babiec concludes appropriate contracts (standard contractual clauses) to secure the transferred personal data, and transfers the data to countries for which the European Commission has issued a decision declaring the appropriate level of protection.
COOKIES AND ANALYTICS
- Cookie files (cookies) are small text information in the form of text files, sent by the server and saved on the side of the person visiting the website (e.g., on the hard drive of the computer, laptop, or on the smartphone’s memory card – depending on the device which is used by the user).
- As a standard, most internet browsers available on the market accept cookies by default. Every person has the option to define the terms of using cookies by means of settings of their own web browser. This means that it is possible, for example, to partially limit (e.g., temporarily), or completely disable the option of saving cookies – in the latter case, however, it may affect some of the website functionalities.
- Tomasz Babiec uses the following cookies:
a. Google Analytics;
b. Hotjar;
c. files necessary for the operation of the website.
These files are required for traffic analysis, and are not essential for the proper functioning of Tomasz Babiec websites. Tomasz Babiec provides an easy way to disable these files.
Google Analytics
Tomasz Babiec uses Google Analytics services and its functions provided by Google Inc. (1600 Amphitheater Parkway, Mountain View, CA 94043, USA). These services support Tomasz Babiec in analyzing and improving the websites and the services provided through them. Google Analytics, along with advertising functions, uses cookies to analyze the use of websites. The received data is processed in a collective and anonymized way (this means that they prevent the identification of a person. However, this data may be combined with other data. In such case, they constitute personal data for Tomasz Babiec). Every person has the option to block the transfer of data from electronic devices to Google Analytics by downloading and installing a free browser plug-in available here.
Hotjar
Tomasz Babiec uses Hotjar services provided by Hotjar Ltd (head office address: St Julian’s Business Center, 3, Elia Zammit Street, St Julian’s STJ 1000, Malta) that monitor and record behavior on websites. This tool records behavior data such as navigation, page scrolling, cursor movement. Information on the location, operating system, browser, or cookies is also collected. The received data is processed in a collective and anonymized way (this means that they prevent the identification of a person. However, this data may be combined with other data. In such case, they constitute personal data for Tomasz Babiec). Everyone has the option to disable the activity measured by Hotjar using the functionality available here.
Necessary files
These are files that cannot be disabled with other functions, except by changing browser settings. These files guarantee the proper operation of Tomasz Babiec websites and can be used for (a) protection against abuse (security during login and authentication) and (b) maintaining the session (maintaining login when switching between tabs).