Privacy Policy of GRUPA INCO S.A.

 

This document describes the rules for the processing of personal data, including in particular the personal data of Users, collected on websites and webpages, as well as the procedure relating to the use of cookies. In matters related to the protection of personal data at GRUPA INCO S.A. you can contact the data protection officer, who is available at the following e-mail address: iod@inco.pl, or send a letter to the address of GRUPA INCO S.A., adding a note: “IOD” on the envelope.

 

1. Terms & Definitions

 

1.1. “GRUPA INCO” – company under the name GRUPA INCO S.A. with its registered office in Warsaw, address: ul. Wspólna 25, 00-519 Warszawa, entered in the register of entrepreneurs of the National Court Register kept by the District Court for the capital city of Warsaw in Warsaw, 12th Economic Division of the National Court Register, under the number KRS 0000101255, NIP (Taxpayer Identification Number): 526-03-00-428, REGON (National Business Register number): 000599764, BDO (Waste Database) registration number: 000000026, share capital: PLN 500,000.00 (PLN 400,000.00 zł paid in cash, PLN 100,000.00 contributed in kind).

1.2. “User” – an internet user who visits one of the websites or pages on social networks (including GRUPA INCO Fanpage or a Fanpage of a given product produced by GRUPA INCO) belonging to GRUPA INCO. A user may also be a person redirected to the Privacy Policy e.g. via the e-mail footer of a GRUPA INCO employee or via a link contained in the content of an invoice issued by GRUPA INCO.

1.3. “Business Client” – a natural person running a business, a person running an agricultural activity, partners in a civil partnership, commercial law companies, public administration bodies (government and local government), entities subordinate to these bodies, associations, foundations and other organisational units.

1.4. “Consumer” or “Client” – a consumer or client is a natural person who performs, with GRUPA INCO or an entity associated with GRUPA INCO, a legal act that is not related directly to its business or professional activity.

1.5. “Agreement” – a legal act in which the parties submit a declaration of will directly causing a legal effect in the form of the creation, change or termination of a legal relationship.

1.6. “Privacy Policy” – this document.

1.7. “Websites and Webpages” – websites and webpages available at the following addresses: www.inco.pl, www.inco-nieruchomosci.pl, www.osrodekmiedzywodzie.pl, www.osrodekgawra.pl,  www.inco-inwestycje.pl,  www.inco-opakowania.pl,  www.florovit.pl,  www.azofoska.pl,  www.ludwik.pl,  www.inco-chemia.pl,  www.biofos.pl,  www.nawozydotrawnikow.florovit.pl, www.mikroflora.florovit.pl, as well as other websites and webpages belonging to GRUPA INCO, created for the needs of promotional activities, e.g. landing pages of given products.

1.8. “Cookies” – IT data, in particular text files, which are stored on the User’s end device, facilitating the use of the Website’s pages. Cookies usually contain the name of the website they come from, their storage time on the end device, and a unique identifier.

1.9. “Personal Data” – information which, alone or in combination with other information, allows to identify the User, in particular by reference to data such as name and surname, identification number, location data, network identifier.

1.10. “GRUPA INCO Fanpage” – pages, accounts, channels run by GRUPA INCO on social media platforms such as: Facebook, YouTube.

1.11. “GDPR” – 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), Official Journal of the European Union L.2016.119.1.

 

2.  Who is the Controller of your personal data?

 

2.1. The Controller of your personal data is GRUPA INCO S.A. with its registered office in Warsaw, address: ul. Wspólna 25, 00-519 Warszawa, entered in the register of entrepreneurs of the National Court Register kept by the District Court for the capital city of Warsaw in Warsaw, 12th Economic Division of the National Court Register, under the number KRS 0000101255, NIP (Taxpayer Identification Number): 526-03-00-428, REGON (National Business Register number): 000599764, BDO (Waste Database) registration number: 000000026, share capital: PLN 500,000.00 (PLN 400,000.00 zł paid in cash, PLN 100,000.00 contributed in kind). E-mail address: kontakt@inco.pl.

2.2. For the security of personal data, GRUPA INCO has appointed a data protection officer, who can be contacted at the following e-mail address: iod@inco.pl.

2.3. GRUPA INCO uses technical and organisational measures to secure the personal data provided to it in accordance with the requirements of generally applicable law.

2.4. Each person employed by or cooperating with GRUPA INCO, before being allowed to process any personal data, is obliged to keep all personal data secret. This secrecy also applies to all information regarding the methods of securing the personal data entrusted for processing.

 

3. For what purposes does GRUPA INCO use and for how long does it process personal data?

 

3.1. The purpose for the processing of personal data by GRUPA INCO is determined by the scope of services provided by GRUPA INCO to the User. The purposes of data processing are listed below, along with the indication of the specific situations when this takes place. The legal basis for data processing and the retention period of personal data are also noted.

so noted.so noted.

 

Purpose of processing	Explanation	Legal basis	Time period of processing
Conclusion, proper performance, termination of agreements or other activities necessary to perform a concluded agreement	This refers to all activities aimed at preparing for the conclusion of an agreement, e.g. presenting an offer, possible negotiations, etc. (even if the agreement ultimately is not concluded) and the performance of the agreement.	Art. 6 sec. 1 item b) of the GDPR	Throughout the term of the agreement, and after its termination or expiry – until the expiry of the limitation period for claims that may arise from the agreement.
Conduction of financial reporting	This means keeping accounting and financial records such as accounting documents, invoices, bills.	Art. 6 sec. 1 item c) of the GDPR in connection with the Act on accounting of 29 September 1994 and other regulations concerning the subject matter, e.g. tax ordinance.	The data is stored for the period stipulated by the law requiring GRUPA INCO to store tax books (until the expiry of the limitation period for the tax liability, unless tax laws provide otherwise) or accounting books (5 years from the beginning of the year following the financial year to which the data relates).
Consideration of complaints arising from agreements concluded with a Business Client	This is about the ability to respond to any reported complaints.	Art. 6 sec. 1 items b) and f) of the GDPR	Until the expiry of the limitation period or the expiry of claims related to a submitted complaint.
Fulfillment of the obligations to monitor the safety of medicinal products	This concerns personal data collected by telephone or via application forms available on the website or directly with a Sales Representative.	Art. 6 sec. 1 item c) and Art. 9 sec. 2 item i) of the GDPR	Throughout the period of a drug’s approval on the market and for 10 years from the expiry of the approval.
Consideration of consumer complaints	Sometimes, complaints about GRUPA INCO products purchased are not sent to the store where the product was purchased, but directly to GRUPA INCO – such complaints are then considered, which entails the need to process data.	Art. 6 sec. 1 item f) of the GDPR	Until the expiry of the limitation period or the expiry of claims related to a submitted complaint.
Protection against claims and recovery of receivables	In disputable cases, it may be necessary to resort to means provided for by law, which involves the need to secure evidence; similarly, such claims also exist when there is no payment for products ordered.	Art. 6 sec. 1 items c) (in connection with Art. 118 of the Civil Code) and f) of the GDPR	Until the expiry of the limitation period or the expiry of claims.
Handling of correspondence addressed to contact (postal) addresses and e-mail addresses provided by GRUPA INCO	This refers to the personal data provided in contact forms or directly in an e-mail or traditional (postal) correspondence addressed to GRUPA INCO. This may be e.g. offers from potential suppliers for GRUPA INCO.	Art. 6 sec. 1 item f) of the GDPR	Up to 3 years from the date of sending e-mail correspondence or delivery of traditional correspondence.
Ensuring the safety of people and property at the GRUPA INCO premises, GRUPA INCO production plants and GRUPA INCO recreational centres, including monitoring of the aforementioned facilities	In the facilities owned by GRUPA INCO (premises, production plants, recreational centres), video surveillance is carried out, which involves the processing of image that may constitute personal data.	Art. 6 sec. 1 item f) of the GDPR	Up to 3 months from the date of recording, and in the case where the image recordings constitute evidence in legal proceedings or when GRUPA INCO has learned that they may constitute evidence in the proceedings – until the final conclusion of the proceedings.
Handling requests in the scope of the rights provided for in Articles 15-22 of the GDPR (implementation of the principle of accountability)	This refers to handling requests (e.g. a request to delete data) so that GRUPA INCO can handle them and subject them to archiving in order to defend against possible claims resulting from the GDPR.	Art. 6 sec. 1 items c) (in connection with Art. 5 sec. 2 of the GDPR) and f) of the GDPR	Up to 3 months from the date of receipt of the request, and after that time, until the expiry of the limitation period for claims and the ability to demonstrate compliance with the principle of accountability specified in art. 5 sec. 2 of the GDPR.
Newsletter sending	If the User has signed up for one of GRUPA INCO’s newsletters, then GRUPA INCO processes the related personal data.	Art. 6 sec. 1 item a) of the GDPR	Until the date of the User’s unsubscribing (withdrawing the consent) from the newsletter.
Handling correspondence directed to e-mail addresses as part of loyalty programs	This refers to sending information related to the conduct and implementation of promotional campaigns as part of loyalty programs, such as Florovit Premium Club, in which GRUPA INCO is the data controller that processes data directly or through an entity entrusted with this data on the basis of an entrustment agreement.	Art. 6 sec. 1 items b) and f) of the GDPR	For the duration of the loyalty program or until you object to the processing of data or request its deletion.
Analysis and evaluation of suppliers’ production processes and the possibility of cooperation	This covers data obtained as a result of process audits and sent forms.	Art. 6 sec. 1 items b) and f) of the GDPR	For the duration of the cooperation, and after its termination – for a period of two years from the end of the year in which the cooperation was terminated or until the expiry of the limitation period for possible claims.
Assessment of the possibility of cooperation with suppliers	This covers data obtained as a result of commercial offers or inquiries regarding potential cooperation received by GRUPA INCO.	Art. 6 sec. 1 items b) and f) of the GDPR	Throughout the term of the agreement, and after its termination or expiry – until the expiry of the limitation period for claims that may arise from the agreement or until the expiry of 3 years in the absence of cooperation.
Verification of a person authorised to collect goods on behalf of a contractor	This concerns personal data collected during the implementation of agreements related to the transport of goods.	Art. 6 sec. 1 item f) of the GDPR	Until the expiry of the limitation period for the tax liability.

 

4. Recipients of Personal Data

 

4.1. Personal data is disclosed to entities which provide support to GRUPA INCO – on the basis of outsourced services and in accordance with concluded entrustment agreements. Such entities may include e.g.:

• entities providing legal and advisory services
• entities providing services in the field of debt recovery
• entities providing archiving and documentation destruction services
• entities providing IT services
• entities providing courier and forwarding services
• as well as offices and bodies authorised to process data, e.g. law enforcement authorities, courts.

 

5. User’s rights relating to personal data

 

Each User is entitled to the following:

5.1. The right to access their personal data (Art. 15 of the GDPR), including obtaining a copy of the data (Art.15 sec. 3 of the GDPR).

5.2. The right to rectify (correct) or supplement their incomplete personal data (Art. 16 of the GDPR).

5.3. The right to request the deletion of their personal data in cases provided for by law (Art. 17 of the GDPR).

5.4. The right to submit a request to limit the processing of their personal data (Art. 18 of the GDPR).

5.5. The right to receive their data in a structured, commonly used format and to transfer it when the processing is based on consent or a concluded agreement, and also when the processing is performed in an automated manner (Art. 20 of the GDPR).

5.6. The right to object to the processing of their personal data in the event of the data being processed for the purposes of implementing the controller’s legitimate interest, for reasons related to its particular situation, including in the event of profiling (Art. 21 of the GDPR).

5.7. In cases where the processing of data is based on granted consent, the User has the right to withdraw the granted consents at any time, but without affecting the lawfulness of any processing carried out before their withdrawal. The consent may be withdrawn by contacting iod@inco.pl.

5.8. In cases where the User considers that the processing of their personal data by GRUPA INCO violates the provisions of the GDPR, the User has the right to lodge a complaint with the supervisory body, i.e. the President of the Office for Personal Data Protection based in Warsaw at ul. Stawki 2, which can be contacted in the following ways:

• by mail: ul. Stawki 2, 00-193 Warszawa
• via the electronic inbox available at www.uodo.gov.pl/pl/p/kontakt
• by phone: (22) 531 03 00

5.9. Providing one’s personal data is voluntary; however, in certain situations, it is a statutory or contractual requirement, and as a consequence, failure to do so will prevent the implementation of the law or the establishment and proper implementation of the agreement.

 

6. Social Media Platforms

 

6.1. GRUPA INCO runs the following profile pages:

6.1.1. on Facebook:

• for the recreational centre GRUPA INCO in Międzywodzie
• for the recreational centre “GAWRA” GRUPA INCO in Wikno
• for the products “Ludwik”
• for the products “Mikroflora” and “Florovit”

6.1.2. on YouTube:

Youtube
which may involve the processing of the User’s personal data by GRUPA INCO when the User visits the indicated profiles, pages and channels, or interacts with these profiles, pages and channels (likes, subscriptions, comments, messages sent). If the User visits GRUPA INCO’s social media profiles on platforms such as Facebook or YouTube, the profile collects data on the User’s activity, including data on likes, messages sent to GRUPA INCO, and the content of comments and posts posted on the profile. In this case, please note that both the User and GRUPA INCO, as users of a given social networking site, are also bound by the privacy policy and regulations accepted as part of this site. Data related to the User’s activity as part of the social media profiles run by GRUPA INCO will be stored until it is deleted by the User or by GRUPA INCO or the owner of a given social networking site. Users of each of the social networking sites where GRUPA INCO has its profiles can also manage their account and the content posted there in accordance with the regulations of this site.

 

7. Cookies

 

7.1. GRUPA INCO informs that cookies are used for the following purposes:

7.1.1. Adjusting the content of the Website to the User’s preferences and optimising the use of the websites. In particular, these files allow to recognise the User’s device and properly display the website, tailored to the User’s individual needs.

7.1.2. Maintaining the User’s session (if they are logged in), which means that the User does not have to log in again on each subpage (if the given GRUPA INCO’s website or webpage provides for user registration – if it does not, then such cookies do not exist).

7.1.3. Creating statistics that constitute the basis for the analysis of how Users use websites and webpages.

7.1.4. Displaying GRUPA INCO’s ads on websites other than those belonging to GRUPA INCO.

7.2. The GRUPA INCO websites and webpages use two types of cookies:

7.2.1. Session cookies, i.e. temporary files that are stored on the User’s end device until the User logs out, leaves the website or turns off the web browser.

7.2.2. Persistent cookies, i.e. files that are stored on the User’s end device for the time specified in the cookie file parameters or until they are deleted by the User.

7.3. In addition, GRUPA INCO informs that the following types of cookies (by the purpose of their use) are used as part of its websites and webpages:

• Cookies that enable the use of services available on the website/webpage, e.g. authentication cookies used for services that require authentication.
• Cookies that ensure security, e.g. used to detect fraud in the field of authentication.
• Cookies that enable the collection of information on the use of websites belonging to GRUPA INCO.
• Cookies that enable remembering the settings selected by the User and customising the User’s interface, e.g. in terms of the selected language or region.
• Cookies that enable the provision of advertising content to Users that is more tailored to their interests (advertising cookies).

7.4. Please note that the software used for browsing websites (web browser) may by default allow cookies to be stored on the User’s end device. Users may at any time change their cookie settings, e.g. so as to block the automatic handling of cookies in the web browser settings or so the User is informed about each placement of cookies on their end device.

7.5. Detailed information on the possibilities and methods of handling cookies is available in the web browser settings. Down below are links to information on managing cookies provided by the following browser manufacturers:

• Firefox.
• Internet Explorer.
• Chrome.
• Safari.
• Opera.

7.6. In the event any of the above links does not work, e.g. the browser manufacturer has transferred information about cookies to another subpage, the User can always use the search engine to find relevant information, for example by entering the phrase “Safari clear cookies”.

7.7. GRUPA INCO informs that the User’s limiting of the use of cookies may affect some functionalities available on the websites and webpages of GRUPA INCO.

 

8. Google Analytics

 

8.1. The websites and webpages belonging to GRUPA INCO use Google Analytics, i.e. the service of analysing internet services offered by Google. Google Analytics uses cookies that are stored on the User’s device and enable the analysis of the use of these pages and services. The information obtained by cookies on how the User uses the website and/or webpage is usually transferred to Google’s servers and stored there.

8.2. The User can prevent the storage of cookies by making the appropriate settings in the browser software (see the links provided above). However, please note that in such a case there may be certain limitations in the use of all functions of a given website or webpage belonging to GRUPA INCO. In addition, the User may prevent the collection of data obtained by cookies and relating to the User’s use of the Website (including the IP address) by Google, as well as the processing of this data by Google, if the User downloads and installs the browser plug-in available at the following link: tools.google.com/dlpage/gaoptout.

8.3. GRUPA INCO uses Google Analytics for the purposes described above. Thanks to the statistics obtained, it can improve the offer and make it more interesting for the User. In regards to exceptional cases in which personal data is transferred to the USA, Google is bound by the EU-US Privacy Shield, www.privacyshield.gov/EU-US-Framework. The legal basis for the use of Google Analytics is Art. 6 sec. 1 item f) of the GDPR.

8.4. Google’s privacy policy is available at: https://policies.google.com/privacy?hl=pl. Due to the possibility of the privacy policy being changed by Google, it is necessary to check the current version each time.