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Terms and Conditions, Privacy Policy for the Sales Agent Campaign

I Terms and Conditions of provision of electronic services for the Sales Agent Campaign

  1. These terms and conditions (the “Terms and Conditions”) concern the provision of electronic services via the Website at https://www.ferrocompany.com/sales-agent/ i.e.  the Sales Agent marketing campaign.
  2. The Terms and Conditions are the rules and regulations referred to in Article 8 of the Act of July 18, 2002 on the Provision of Electronic Services.
  3. The provider of the Digital Content is FERRO S.A. with its registered office in Skawina, Przemysłowa 7 Street (hereinafter: "Administrator" or "Company"), registered in the Register of Entrepreneurs of the National Court Register under KRS number: 0000289768, which can be contacted in writing at the address: 7 Przemysłowa Street, 32-050 Skawina (hereinafter: "Company").
  4.  Contact with the Company is possible by means of:
    1. e-mail - at: iod@ferro.pl 
    2. traditional mail - at the address: Przemysłowa 7 Street, 32-050 Skawina.
  5. As part of its activities, the Company:
    1. provides Recipients with digital content within the meaning of the Consumer Rights Act, which may be delivered to the Recipient, in particular an electronic book (ebook) (hereinafter: "Digital Goods"),
    2. provide Recipients with digital content within the meaning of the Consumer Rights Act, including commercial and marketing information regarding the Company's current activities (hereinafter: "Newsletter").
  6. In order to conclude the Newsletter Agreement, the Recipient should provide the Company with an e-mail address and telephone number and submit a statement of consent to receive the Newsletter, read the Terms and Conditions and Privacy Policy and accept their provisions.
  7. The Newsletter Agreement shall be concluded for an indefinite period of time.
  8. The Company informs, and the Recipient acknowledges, that the delivered Newsletter is not subject to subsequent updates and that the frequency and dates of Newsletter delivery are not predetermined and depend on the current situation of the Company.
  9. Within the framework of the conclusion of the Newsletter Agreement, the Recipient shall receive Digital Goods in the form of an e-book free of charge. The Company shall deliver the Digital Goods to the Recipient via e-mail to the address indicated by the Recipient.
  10. The Recipient may terminate the Newsletter Agreement at any time and without giving any reason, with immediate effect. Termination of the Newsletter Agreement or withdrawal from it after delivery of the Digital Goods shall not affect the validity and effectiveness of the Digital Goods delivery.
  11. Upon delivery of the Digital Goods to the Recipient, the Company shall grant the Recipient a non-exclusive license to use such Digital Goods under the terms and conditions set forth in the Terms and Conditions (hereinafter: the "License").
  12. The License is granted for an indefinite period of time.
  13. The License shall entitle the Recipient to use the Digital Goods only in the following fields of exploitation:
    1. storage in the memory of electronic devices belonging to the Recipient;
    2. reproduction and viewing of the Digital Goods;
    3. reproduction of the Digital Goods, but only to the extent justified by the Recipient's personal needs.
  14. The Recipient may use the knowledge and guidance contained in the Digital Goods in his personal and professional life and for the purposes of his business. However, the License does not authorize the Recipient to make the Digital Goods available to any other persons, except in the case of making the Digital Goods available on the basis of the provisions of Section 3 of the Act of February 4, 1994 on Copyright and Related Rights on Permitted Use of Protected Works. Sharing the Digital Goods with other persons except in cases of permitted use of protected works requires the Company's prior consent.
  15. The License shall not entitle the Recipient to grant further licenses.
  16. The Recipient's use of the Digital Goods in violation of the terms of the License constitutes an infringement of the Company's copyrights, entitling the Company to make claims against the Recipient through legal proceedings.
  17. Complaints about the provision of digital content may be submitted via e-mail to the address indicated in paragraph 4 of the Terms and Conditions. Consideration of the complaint and response on the manner of its consideration will be made immediately, no later than within 14 days from the date of filing the complaint.
  18. The Company may amend the Terms and Conditions in the event of a change in the data, a change in the subject matter of the business, the commencement of new services by the Company, modification of services previously provided or discontinuation of their provision, technical modification of the Website requiring adaptation of the provisions of the Terms and Conditions to them, a legal obligation to make changes, including the obligation to adapt the Terms and Conditions to the current state of the law.
  19. Recipients will be informed of changes to the Terms and Conditions by publishing the revised version on the Website. At the same time, the amended version of the Terms and Conditions will be sent to Recipients by e-mail. To Contracts for delivery of digital content concluded before the date of publication of the new Regulations on the Website, the provisions of the then effective Regulations shall apply.
  20. A Recipient who does not agree to the amendment of the Terms and Conditions may terminate the Newsletter Agreement with immediate effect within 7 (seven) days from the date of receipt of the amended version of the Terms and Conditions by e-mail. Failure to give notice of termination shall be deemed as consent to the amendment of the Terms and Conditions. Immediately upon receipt of the aforementioned statement, the Company shall cease to provide the Newsletter.
  21. The current version of the Regulations is effective as of 11.03.2024.

 

II Privacy Policy for the Sales Agent Campaign’s Newsletter

This Privacy Policy (the "Policy") provides information about the processing of your personal data in connection with your use of the Website as part of the Sales Agent marketing campaign on the Website at https://www.ferrocompany.com/sales-agent/.

  1. Administrator
    1. The Administrator of the personal data is FERRO S.A. with its registered office in Skawina, Przemysłowa 7 Street,  registered in the Register of Entrepreneurs of the National Court Register under KRS number: 0000289768, which can be contacted in writing at the address: Przemysłowa 7 St., 32-050 Skawina.

 

  1. Data Protection Officer
    1. The Administrator has appointed a Data Protection Officer. If you have any questions regarding the processing of your personal data or the execution of your privacy rights, please contact the Data Protection Officer in person or by mail at: Przemyslowa 7 St., 32-050 Skawina, or by email: iod@ferro.pl

 

  1. Scope, purposes and legal basis for processing of personal data

Purpose of processing

Processed data

Legal basis for processing

Conclusion and performance of the Contract for the supply of Digital Goods

- email address

- telephone number

- name and surname

 

Article 6(1)(b) of the GDPR (processing is necessary for the performance of the Digital Goods Supply Agreement concluded with the data subject, or to take steps to conclude it)

Providing the aforementioned personal data is a condition for the conclusion and performance of the Digital Goods Agreement (their provision is voluntary, but the consequence of their failure will be the inability to conclude and perform the Digital Goods Agreement).

The Administrator will process the aforementioned personal data until the statute of limitations for claims arising from the Digital Goods Agreement.

Purpose of processing

Processed data

Legal basis for processing

Conclusion and execution of Newsletter Agreement

- email address

- telephone number

Article 6(1)(b) of the GDPR (processing is necessary for the performance of the Newsletter Delivery Agreement concluded with the data subject, or for taking action to conclude it)

 

and

 

Article 6(1)(f) of the GDPR (processing is necessary for the purpose of carrying out the Administrator's legitimate interests, in this case to inform about new products offered by the Administrator).

Providing the aforementioned personal data is voluntary, but necessary in order to receive the Newsletter (the consequence of failing to do so will be the inability to receive the Newsletter).

The Administrator will process the aforementioned personal data until an effective objection is raised or the purpose of the processing is achieved, or until the statute of limitations for claims under the Newsletter Agreement expires (whichever comes first).

  1. Personal data sources
    1. The Administrator processes personal data provided through the Website directly from you or other employees, associates, representatives of the entity you represent, or of which you are an employee, associate or representative.
    2. In addition, information about you (which may be considered personal data) is collected by the solutions and tools used by the Administrator, i.e.:
      1. the newsletter system - collects your IP address, information on your activity in relation to the content sent as part of the newsletter, such as opening messages, clicking on links, etc.,
      2. tools and solutions such as - Facebook Custom Audiences, including Meta Pixel, Google Analytics collect information about your activities in relation to the use of the Website, i.e. information about your browser and operating system, browsing and transitions between sub-pages, time spent on the Website, the age bracket you are in, approximate location limited to your locality, interests determined on the basis of your online activities.

 

  1. Personal data recipients
    1. Depending on the purpose of processing, the Administrator may provide personal data to authorized employees and associates of the Administrator, as well as to entities and employees belonging to the Administrator's capital group.
    2. In addition, the recipients of personal data will be external entities cooperating with the Administrator:
      1. a hosting company;
      2. the Newsletter service provider;
      3. companies providing tools to analyze activity on the Website and direct marketing to individuals using it (including Google Analytics, Pixel Meta).
      4. In addition, personal data may also be transferred to public or private entities, if such an obligation arises from generally applicable laws, a final court judgment or a valid administrative decision.

 

  1. Rights related to the processing of personal data
    1. In connection with the processing of personal data, you have the following rights:
      1. the right to be informed which personal data concerning you are processed by the Administrator and to receive a copy of such data (the so-called right of access);
      2. the right to rectification if the processed data becomes outdated or incomplete (or otherwise incorrect);
      3. in certain situations you may request the Administrator to delete your personal data, such as when:
        1. the data is no longer needed by the Administrator for the aforementioned purposes;
        2. you have effectively withdrawn your consent to data processing - unless the Administrator has the right to process the data on another legal basis;
        3. the processing is unlawful;
        4. the need to delete the data is due to a legal obligation of the Administrator;
      4. the right to transfer the data to another Administrator in case the personal data are processed by the Administrator on the basis of the processing consent granted or for the purpose of performing the Agreement concluded with it;
      5. when personal data is processed by the Administrator on the basis of your consent to processing, you have the right to withdraw this consent at any time (withdrawal of consent does not affect the lawfulness of processing carried out on the basis of consent before its withdrawal);
      6. if you consider that the processed personal data is incorrect, its processing is unlawful, or the Administrator no longer needs certain data, you may request that for a certain necessary period of time (e.g., to verify the correctness of the data or to pursue claims) the Administrator not perform any operations on the data, but only store it;
      7. the right to object to the processing of personal data based on the legitimate interests of the Administrator. In the event of an effective objection, the Administrator will stop processing personal data for the aforementioned purpose;
      8. the right to lodge a complaint with the President of the Office for Personal Data Protection if you consider that the processing of personal data violates the provisions of the GDPR.

 

  1. Profiling
    1. In order to create your profile for marketing purposes and to target you with direct marketing customized to your preferences, the Administrator will process your personal data by automated means, including profiling - but this will not have any legal effect on you or similarly materially affect you.
    2. The scope of profiled personal data corresponds to the scope indicated above with respect to the analysis of activity on the Website.
    3. The legal basis for the processing of personal data for the above purpose is Article 6(1)(f) of the GDPR, according to which the Administrator may process personal data in order to pursue its legitimate interests, in this case to conduct marketing activities tailored to the preferences of recipients. Provision of the aforementioned personal data is voluntary, but necessary for the realization of the aforementioned purpose (the consequence of failing to provide such data will be the Administrator's inability to conduct marketing activities tailored to the recipients' preferences).
    4. The Administrator will process personal data for the purpose of profiling until an objection is successfully raised or the purpose of the processing is achieved.

 

  1. Transfer of personal data to third countries
    1. As a general rule, the Administrator shall not transfer your personal data to third countries. The Administrator will transfer personal data to a third country (outside the European Economic Area) only when necessary, and this will be done in compliance with the data protection measures provided for by law, including, but not limited to, a decision of the European Commission finding an adequate level of protection for personal data in the country to which the personal data will be transferred, based on standard contractual clauses approved by the European Commission, or any other mechanism that allows the transfer of personal data to a third country in accordance with the law.
    2. The Administrator uses the tools, services, solutions described in the Privacy Policy from suppliers from entities outside the European Economic Area that store your personal data on servers located in third countries, in particular in the USA (e.g. Google, Microsoft, Facebook). These providers guarantee an adequate level of personal data protection through the relevant compliance mechanisms provided for by the GDPR, in particular through the use of standard contractual clauses. You will find detailed information on the processing of personal data by the providers of such services in their privacy policies and terms and conditions of the providers, available on their websites
      1. Facebook: https://www.facebook.com/privacy/explanation
      2. GetResponse: https://www.getresponse.pl/informacje-prawne/polityka-prywatnosci
      3. Google: https://policies.google.com/privacy?hl=pl

 

  1. Cookies and other third party technology
    1. The Website uses both the Administrator's Cookies and third-party Cookies, as well as other solutions and tools used for analytical and marketing purposes from third parties. Detailed information on third-party solutions and tools can be found in the privacy policy or terms and conditions of the respective provider, below is the basic information in this regard.
    2. [Google Analytics] is a web analytics service offered by Google LLC, USA, to analyze your use of the Website, to create reports and statistics on the operation of the Website. Google Analytics uses Cookies that are stored on your computer and allow you to use the Website. Google uses the transmitted information to analyze for your benefit the ways in which you use the Website, to create reports on activity on the Website, and to provide other services to the Administrator related to the use of the Website and the Internet. In addition, Cookies will be used by Google advertising networks to display advertisements tailored to the way the User uses the Website. If the User does not wish to receive personalized ads, he/she may disable them using Google's Ads Preference (Personalization) Manager according to the instructions available at the following link: https://support.google.com/ads/answer/2662856?co=GENIE.Platform%3DAndroid&hl=pl The IP address identified by Google Analytics will not be combined with other data collected by Google. When using Google Analytics, the Administrator does not collect data that would allow you to be identified. The information that the Administrator has access to as part of Google Analytics is, in particular: information about your web browser and operating system, browsing and transitions between sub-pages, time spent on the Website. Information on the processing of information by Google LLC regarding this tool can be found at the following link: https://www.google.com/intl/pl/policies/privacy/partners
    3. [Social plugins] The Website includes social media plugins (Facebook). When using the Website, through the plug-ins, certain information about the User, such as the device's IP address, browser ID, date and time of browsing the site, is transmitted to social media providers. The providers receive information that the User's browser has viewed the Website, even if the User does not have a profile with the provider or is not logged in with the provider. In addition, tapping on social media plug-ins establishes a direct connection to the servers of these media providers, who may collect other data from your device. The Administrator has no control over the data processing rules of these providers. You will find more information on the rules of processing of personal data by these providers, including your rights, on the websites of these providers, such as:
      1. Facebook: https://www.facebook.com/policy.php
      2. Google: https://privacy.google.com/take-control.html?categories_activeEl=sign-in
    4. In addition to cookies, the Website may collect data collected by Internet system administrators as part of so-called logs or log files. The information contained in the logs may include, among other things, the User's IP address, type of platform and browser, Internet provider. Logs are saved and stored on the server. The data stored in the server logs are not linked to Users and are not used by the Administrator to identify you. The Administrator processes information from the logs for technical, administrative purposes, for the purpose of ensuring the security of the IT system and system management.

 

  1. Final provisions
    1. To the extent not regulated by the Policy, the generally applicable data protection regulations shall apply.
    2. The Policy is effective as of 11.03.2024