The following Privacy Policy sets out the principles for storing and accessing data on the Devices of Users using the Service for the purposes of providing electronic services by the Administrator, and the principles for collecting and processing the personal data of Users that have been provided by them personally and voluntarily through the tools available on the Service.
The following Privacy Policy is an integral part of the Terms of Service, which sets out the principles, rights and obligations of Users using the Service.
§1 Definitions
Service – the website of “The Climb” operating at https://theclimb.pl.
External Service – websites of partners, service providers or service recipients cooperating with the Administrator
Administrator of the Website / Data – the Administrator of the Website and Data Administrator (hereinafter referred to as Administrator) is the company “Neso Marcel Gawczyński”, operating at the following address: al. Wiśniowa 18a/11, 53-137 Wrocław, with the assigned tax identification number (NIP): 6972116495, providing services electronically through the Website
User – natural person for whom the Administrator provides services electronically through the Service.
Device – an electronic device with software, through which the User accesses the Website.
Cookies – text data collected in the form of files placed on the User’s Device.
RODO – 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)
Personal data – means 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 a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of the natural person
Processing – means an operation or set of operations which is performed upon personal data or sets of personal data, whether or not by automated means, such as collection, recording, organisation, organisation, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction;
Restriction of processing – means the marking of stored personal data for the purpose of restricting its future processing
Profiling – means any form of automated processing of personal data which involves the use of personal data to evaluate certain personal factors of an individual, in particular to analyse or predict aspects relating to that individual’s performance, economic situation, health, personal preferences, interests, reliability, behaviour, location or movement
Consent – consent of the data subject means a freely given, specific, informed and unambiguous indication of intent by which the data subject, either by a statement or by a clear affirmative action, gives his or her consent to the processing of personal data concerning him or her
Personal data breach – means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or unauthorised access to, personal data transmitted, stored or otherwise processed
Pseudonymisation – means the processing of personal data in such a way that they can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is covered by technical and organisational measures which make it impossible to attribute it to an identified or identifiable natural person
Anonymisation – Data anonymisation is an irreversible process of data operations that destroys / overwrites “personal data” making it impossible to identify, or link, a particular record to a specific user or individual.
§2 Data Protection Officer
Pursuant to Article 37 RODO, the Controller has not appointed a Data Protection Officer.
For matters concerning data processing, including personal data, please contact the Administrator directly.
§3 Types of Cookies
Internal cookies – files placed and read from the User’s Device by the Service’s data communications system
External Cookies – files placed and read from the User Device by IT systems of external Services. The scripts of external Services that may place Cookies on User Devices have been deliberately placed on the Website through scripts and services made available and installed on the Website
Session Cookies – files placed and read from the User’s Device by the Service during a single session of a given Device. At the end of the session, the files are deleted from the User Device.
Persistent cookies – files placed and read from the User Device by the Website until they are manually deleted. The files are not deleted automatically after the end of the session of the Device, unless the configuration of the User Device is set to delete cookies after the end of the session of the Device.
§4 Data storage security
Mechanisms for storing and reading Cookies – The mechanisms for storing, reading and exchanging data between Cookies stored on the User’s Device and the Website are implemented through the built-in mechanisms of web browsers and do not allow other data to be retrieved from the User’s Device or from other websites visited by the User, including personal data or confidential information. The transfer of viruses, Trojan horses and other worms to the User Device is also practically impossible.
Internal cookies – the cookies used by the Administrator are safe for the User’s Device and do not contain scripts, content or information which may threaten the security of personal data or the security of the Device used by the User.
External cookies – the Administrator makes all possible efforts to verify and select service partners in the context of User security. The Administrator selects well-known, large partners with global public trust for cooperation. However, the Administrator does not have full control over the content of cookies from external partners. The Administrator is not responsible for the security of cookies, their content and their use by the Scripts installed in the service, coming from external services in compliance with the licence, as far as the law allows. The list of partners is provided later in the Privacy Policy.
Cookie control
The User may, at any time, independently change the settings for the storage, deletion and access to data stored in cookies by each website.
Information on how to disable cookies in the most popular computer browsers is available on the following page: how to disable cookies or from one of the designated providers:
Managing cookies in the Chrome browser
Managing cookies with the Opera browser
Managing cookies in FireFox
Managing cookies in Edge
Cookie management for Safari
Managing cookies in Internet Explorer 11
The User may, at any time, delete any Cookie files stored to date using the tools of the User’s Device through which the User uses the services of the Website.
Threats on the part of the User – The Administrator uses all possible technical measures to ensure the security of the data placed in cookies. However, it should be noted that ensuring the security of this data depends on both parties, including the activity of the User. The Administrator is not responsible for interception of this data, impersonation of the User’s session or its deletion, as a result of the User’s conscious or unconscious activity, viruses, Trojan horses and other spyware with which the User’s Device may be or has been infected. Users, in order to protect themselves from these threats, should comply with the rules of network use.
Storage of personal data – The Administrator ensures that it makes every effort to ensure that the processed personal data entered voluntarily by the Users is secure, that access to it is limited and that it is carried out in accordance with its purpose and the purposes of processing. The Administrator also ensures that it makes every effort to secure the data it holds against loss, by applying appropriate physical as well as organisational safeguards.
Storage of passwords – The Administrator declares that passwords are stored in an encrypted form using the latest standards and guidelines in this respect. It is practically impossible to decrypt passwords given in the Service.
§5 Purposes for which cookies are used
To improve and facilitate access to the Website
To personalise the website for users
Enabling log-in to the website
Marketing and remarketing on external websites
Keeping statistics (users, number of visits, types of devices, links, etc.)
Provision of multimedia services
Provision of community services
§6 Purposes of personal data processing
Personal data voluntarily provided by Users are processed for one of the following purposes:
Provision of electronic services:
Services of registration and maintenance of the User’s account on the Website and functionalities related to it
Newsletter service (including sending advertising content with consent)
Services for commenting on / liking posts on the Website without registering
Services for sharing information about content posted on the Website with social networks or other websites.
Communication of the Administrator with the Users on matters related to the Service and data protection.
Ensuring the legitimate interest of the Administrator.
Data about Users collected anonymously and automatically is processed for one of the following purposes:
Keeping statistics
Remarketing
Ensuring the legitimate interest of the Administrator
§7 Cookies of External Services
The Administrator uses javascript and web components of partners on the Website, who may place their own cookies on the User’s Device. Please note that you can decide for yourself in your browser settings what cookies are allowed to be used by individual websites. Below is a list of the partners or their services implemented on the Website that may place cookies:
Multimedia services:
YouTube
Social/connected services:
(Registration, Login, content sharing, communication, etc.).
Facebook
Newsletter services:
Freshmail
Running statistics:
Google Analytics
The services provided by third parties are beyond the control of the Administrator. These entities may change their terms of service, privacy policies, purpose of data processing and use of cookies at any time.
§8 Types of data collected
The Website collects data about Users. Part of the data is collected automatically and anonymously, and part of the data is personal data voluntarily provided by Users when signing up for particular services offered by the Website.
Anonymous data collected automatically:
IP address
Browser type
Screen resolution
Approximate location
Sub-pages accessed
Time spent on relevant sub-page
Operating system type
Previous Subpage Address
Referring website address
Browser language
Internet connection speed
Internet service provider
Data collected during registration:
First name / last name / nickname
Login
E-mail address
Residential address
Telephone number
IP address (collected automatically)
VAT number
Data collected when subscribing to the Newsletter service
Name / surname / nickname
E-mail address
IP address (collected automatically)
Information collected when you post a comment
Name / nickname
Web address
IP address (collected automatically)
Some data (without identifying information) may be stored in cookies. Part of the data (without identifying information) may be transmitted to a statistical service provider.
§9 Access to personal data by third parties
As a rule, the only recipient of personal data provided by Users is the Administrator. Data collected as part of the services provided is not transferred or resold to third parties.
Access to the data (usually on the basis of the Contract for entrustment of data processing) may have entities responsible for maintenance of infrastructure and services necessary for running the service, i.e:
Hosting companies, providing hosting or related services to the Administrator
Companies through which the Newsletter service is provided
Companies intermediating in on-line payments for goods or services offered within the Service (in case of making purchase transactions in the Service)
Companies responsible for the Administrator’s bookkeeping (in case of making purchase transactions in the Service)
Companies responsible for the delivery of physical products to the User (postal/courier services in the event of a purchase transaction on the Website)
Entrustment of personal data processing – Newsletter
The Administrator, in order to provide the Newsletter service, uses the services of a third entity – Freshmail, . The data entered in the newsletter subscription form are transferred, stored and processed in the external service of this service provider.
Please be informed that the indicated partner may modify the indicated privacy policy without the consent of the Administrator.
Entrusting the processing of personal data – Hosting, VPS or Dedicated Server Services
In order to run the website, the Administrator uses the services of an external provider of hosting, VPS or Dedicated Servers – <arel=”nofollow external”=”” href=”https://cyberfolks.pl/polityka-prywatnosci/”>Cyber Folks</arel=”nofollow>. All data collected and processed in the service is stored and processed in the infrastructure of the service provider located in Poland. There is a possibility of access to the data as a result of maintenance work carried out by the service provider’s staff. Access to such data is governed by an agreement concluded between the Administrator and the service provider.
Data processing in the case of online payments
In the case of online payment processing, all payment data are provided directly by the User to the payment processor – <arel=”nofollow external”=”” href=”https://nety.pl/generator-polityki-prywatnosci/”>Przelewy24. The selected data necessary for the transaction are then transferred by this entity to the Administrator. The transfer of data is governed by the agreement concluded between the Administrator and the Service Provider.</arel=”nofollow>.
Transfer of personal data – Accounting Services
When a transaction is concluded, part of the personal data of individuals, or the data of individuals carrying out business activities, is transferred to the entity providing accounting services to the Administrator, Guild of Miscellaneous Crafts Mountain. The transfer of this data is governed by the Act …. and the contract concluded between the Administrator and the Service Provider.
Transfer of personal data – Courier Services
In the event of a transaction that requires the transfer of the item to which the transaction relates, either by post or by courier, part of the personal data of individuals or the data of individuals carrying out business activities is transferred to the entity providing postal/courier services to the Administrator, chosen by the User. The transfer of this data is governed by an agreement concluded between the Administrator and the Service Provider.
§10 Method of personal data processing
Personal data provided voluntarily by Users:
Personal data will not be transferred outside the European Union, unless they have been published as a result of an individual action by the User (e.g. entering a comment or entry), which will make the data available to any visitor to the website.
Personal data will not be used for automated decision-making (profiling).
Personal data will not be resold to third parties.
Anonymous data (without personal data) collected automatically:
Anonymous data (without personal data) will be transferred outside the European Union.
Anonymous data (without personal data) will not be used for automated decision-making (profiling).
Anonymous data (without personal data) will not be resold to third parties.
§11 Legal bases for processing personal data
The Service collects and processes Users’ data on the basis of:
Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons 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)
Article 6.1.a
the data subject has given his or her consent to the processing of his or her personal data for one or more specified purposes
article 6.1.b
processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract
Article 6.1.f
processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party
Act of 10 May 2018 on the protection of personal data (Journal of Laws 2018, item 1000)
Act of 16 July 2004. Telecommunications law (Journal of Laws 2004 no. 171 item 1800)
Act of 4 February 1994 on Copyright and Related Rights (Journal of Laws 1994 No. 24 item 83)
§12 Period of personal data processing
Personal data provided voluntarily by Users:
As a rule, the personal data indicated are stored only for the duration of the provision of the Service within the Service by the Administrator. They are deleted or anonymised within a period of up to 30 days from the termination of service provision (e.g. deletion of a registered user account, unsubscribing from the Newsletter list, etc.).
The exception to this is when it is necessary to safeguard the legitimate purposes of further processing of this data by the Administrator. In such a situation, the Administrator will store the indicated data from the time of the User’s request for deletion, no longer than for a period of 3 years in case of violation or suspected violation of the provisions of the regulations of the service by the User.
Anonymous data (without personal data) collected automatically:
Anonymous statistical data, which do not constitute personal data, are stored by the Administrator in order to keep statistics of the service for an indefinite period of time
§13 Users’ rights related to the processing of personal data
The Website collects and processes Users’ data on the basis of:
Right of access to personal data
Users have the right to access their personal data, exercised upon request submitted to the Administrator
Right to rectification of personal data
Users have the right to request the Administrator to promptly rectify their personal data that is inaccurate and/or to complete incomplete personal data, exercised upon request made to the Administrator
Right to erasure of personal data
Users have the right to request from the Administrator the immediate deletion of their personal data, exercised upon request submitted to the Administrator In the case of user accounts, the deletion of data consists in the anonymisation of data allowing the identification of the User. The Administrator reserves the right to withhold the data deletion request in order to protect the legitimate interest of the Administrator (e.g. when the User committed a breach of Terms of Use or the data was collected as a result of conducted correspondence).
In the case of the Newsletter service, the User has the possibility to delete his/her personal data on his/her own using a link included in each e-mail message sent.
Right to restrict personal data processing
Users have the right to restrict the processing of their personal data in cases indicated in Article 18 of the RODO, among others, questioning the correctness of their personal data, exercised upon request submitted to the Administrator
Right to personal data portability
Users have the right to obtain from the Administrator, personal data concerning the User in a structured, commonly used format suitable for machine reading, exercised upon request made to the Administrator
Right to object to the processing of personal data
Users have the right to object to the processing of their personal data in the cases set out in Article 21 of the RODO, exercised upon request made to the Administrator
Right to lodge a complaint
Users have the right to lodge a complaint with the supervisory authority in charge of personal data protection.
§14 Contact to the Administrator
The Administrator may be contacted in one of the following ways
Postal address – Neso Marcel Gawczyński, ul. Wandy 5/3, 53-320 Wrocław, Poland
E-mail address – info@theclimb.pl
Telephone call – +48 664 766 946
§15 Service requirements
Restricting the storage of and access to cookies on the User’s Device may result in the malfunction of some of the Website functions.
The Administrator shall not be held liable for malfunctions of the Website if the User restricts in any way the saving and reading of cookies.
§16 External links
In the Service – articles, posts, entries or comments of Users, there may be links to external websites, with which the Owner of the Service does not cooperate. These links, as well as the sites or files indicated underneath them, may be dangerous to your Device or pose a threat to the security of your data. The Administrator shall not be held liable for the content located outside the Service.
§17 Changes to the Privacy Policy
The Administrator reserves the right to change this Privacy Policy at any time without notifying the Users with regard to the use and application of anonymous data or the use of cookies.
The Administrator reserves the right to amend this Privacy Policy at any time with regard to the processing of Personal Data, of which it will inform Users who have user accounts or who are subscribed to the newsletter service, via email within 7 days of the change of records. Continued use of the services implies that the User has read and accepts the changes made to the Privacy Policy. In the event that the User does not agree with the introduced changes, he/she is obliged to delete his/her account from the Website or unsubscribe from the Newsletter service.
The introduced changes to the Privacy Policy will be published on this subpage of the Service.
The introduced changes shall enter into force upon their publication.
