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Table of contents:

I. PURPOSES, LEGAL BASIS FOR PROCESSING, CATEGORIES OF PERSONAL DATA

II. RECIPIENTS OF PERSONAL DATA

III. PLANNED DURATION OF DATA RETENTION

IV. RIGHTS OF THE DATA SUBJECT

V. COMPLAINT TO THE SUPERVISORY AUTHORITY

VI. VOLUNTARINESS OF DATA

VII. SOURCES OF DATA

VIII. COOKIES AND OTHER TRACKING TECHNOLOGIES

IX. PROTECTION OF PERSONAL DATA

PORTAL PRIVACY POLICY

www.ezarys.com

This Privacy Policy (hereinafter: "Privacy Policy") sets out the rules for the processing of personal data obtained through the website www. ezarys. com (hereinafter: "Portal") and is addressed to users of the Portal (hereinafter: "Users" or "User").

The owner of the Website and, at the same time, the data administrator is ZARYS International Group spółka z ograniczoną odpowiedzialnością spółka komandytowa, with its registered office in Zabrze, ul. Pod Borem 18, 41 - 808 Zabrze, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court in Gliwice, 10th Economic Division of the National Court Register under KRS number: 0000540772, NIP: 6481997718, REGON: 27329587700000 (hereinafter: "Zarys"). Contact with Zarys is possible by letter or by e-mail to: zarys@zarys.pl.

Outline has appointed a Data Protection Officer, who can be contacted by email at: data protection@zarys. pl

The personal data collected by Zarys through the Portal is processed in accordance with 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) (hereinafter: "RODO") and based on other data protection legislation, in particular the Data Protection Act of 10 May 2018. The purpose of this Privacy Policy is to fulfil the information obligation under Article 13 of the RODO.

Outline attaches significant importance to the protection of the privacy of Portal Users and the security of the processing of their personal data.

Capitalised terms used in this privacy policy have the meaning given to them in the Terms and Conditions of the Portal available at www.ezarys.com.

I. PURPOSES, LEGAL BASIS FOR PROCESSING, CATEGORIES OF PERSONAL DATA

1. CONSENT

Outline processes Users' data on the basis of consent in the event that the User agrees to the use of cookies other than those necessary for the provision of the service provided electronically, including the installation of cookies by third parties and the transmission to the aforementioned parties of the data collected through these cookies. The User may, at any time, withdraw his/her consent to the installation of cookies other than those necessary for the provision of the service provided electronically, in the browser settings of the device used by the User. The withdrawal of consent shall not affect the lawfulness of the processing of data collected through cookies until the consent is withdrawn. For more information on the processing of personal data collected through Zarys' own cookies and those installed by third parties on the basis of consent, as well as the possibility to withdraw consent, see the Cookies Policy.

Outline uses tools that allow it to display personalised advertising such as Google search ads, remarketing, ads displayed on YouTube and social media. Dedicated adverts will be displayed if the search phrase typed in by the User coincides with the list of phrases that Zarys has set up in the campaign; and also if Google's algorithm matches the User on the basis of the so-called targeting based on the pages that the User visits, the videos that the User watches on YouTube, etc. The User may withdraw consent to Zarys' use of the aforementioned tools including Google Marketing Platform cookies. The User can do this on the Google Marketing Platform opt-out page or on the Network Advertising Initiative opt-out page.

2. CONCLUSION AND PERFORMANCE OF THE CONTRACT

Zarys processes Users' personal data in order to take steps, at their request, to conclude a contract with Zarys or when this is necessary for the performance of an already concluded contract (Art. 6(1)(b) RODO).

In practice, this involves the possibility of:

  1. to conclude agreements with Zarys for the provision of services by electronic means, as referred to in the Rules and Regulations of the b2b Platform www.ezarys.com (hereinafter the "b2b Platform"), related to the creation of a User's account on the aforementioned b2b Platform,
  2. to conclude contracts with Zarys for the sale of goods,
  3. submission to Zarys via email or contact forms available on Zarys' website in connection with the creation of an account on the b2b Platform,
  4. Zarys' granting of credit limits in connection with the possibility of activating trade credit.

3. LEGAL OBLIGATION

Zarys processes Users' personal data in order to fulfil a legal obligation incumbent on Zarys (Art. 6(1)(c) RODO).

In practice, this means the need to process Users' personal data in connection with the fulfilment of obligations arising from the law, in particular obligations arising from tax regulations, the Act of 29 September 1994 on accounting, the Act of 18 July 2002 on the provision of electronic services, the Act of 23 April 1964. - Civil Code, the Act of 30 May 2004 on consumer rights.

4. LEGITIMATE INTEREST OF THE COMPANY OR THIRD PARTY

Zarys may process Users' personal data if this is necessary for the purposes of the legitimate interests pursued by Zarys or by a third party ( Article 6(1)(f) RODO ).

In practice, this involves the processing of data in the following cases:

  • Customer Relationship Management (CRM): Zarys, for internal purposes, analyses past cooperation with Users in order to compile analysis and sales statistics. Based on the aforementioned information, Zarys obtains knowledge to help it draw up offers, set price lists, better tailor its offerings to Users' interests, undertake better targeted marketing activities and improve the level of quality of services provided.
  • Profiling: based on the classification of their business into one of the market segments made by Users at the stage of creating an account on the b2b Platform, Outline sets a specific price list on the Portal.


 Based on the information it has about Users gathered in the course of the cooperation (i.e. information on purchase history on the Platform, activity history, assignment of Users to a specific customer segment, Outline displays personalised advertisements to Users on the pages of the b2b Platform.


 Based on the information in its possession about Users gathered in the course of cooperation (i.e. information on purchase history in the b2b Platform, history of activity in the b2b Platform, assignment of Users to a specific customer segment, Zarys displays information on promotions organised by Zarys to Users on the pages of the b2b Platform.

  • Marketing of products and services offered by Zarys: Zarys sends marketing information to Users concerning goods and services offered by Zarys. Login on www.ezarys.com, the User agrees to be contacted by e-mail, made for the purpose of direct marketing.

    Zarys does not provide any personal data, in particular e-mail addresses or telephone numbers to third parties for the purpose of enabling them to undertake direct marketing activities concerning the goods and services offered by these parties.
  • Pursuit of claims by Zarys and defence against claims made against Zarys: In the event of non-performance or improper performance by a given User of a contract concluded with Zarys, Zarys, within the scope of the applicable law, may pursue claims, e.g. claim payment for goods sold.

In the event that the User concerned makes a claim against Zarys, Zarys processes his/her personal data in order to defend against such claims.

  • Organising competitions: Zarys organises contests announced on the pages of the Platform or on Zarys' fan pages on social networks. If a User enters a competition, Zarys may process data in order to fulfil the competition and to enable the User concerned to take part in it.
  • Credit Assessment: In the event that the User, as a trader, applies to Zarys for the possibility of making payments for goods purchased on the b2b Platform on a deferred basis within the framework of the trade credit granted by Zarys, and the User has previously already been granted a credit limit (has already been granted a credit limit or still has one), Zarys collects and stores information about the User's financial situation, allowing it to assess the User's creditworthiness and analyse the risks associated with entering into a deferred payment sales contract with the User.

If, as an entrepreneur, the User first applies to Zarys for a credit limit, Zarys will collect and store information about the User's financial situation, allowing it to make a proper assessment of creditworthiness and analyse the risks associated with entering into a deferred payment sales contract, but verification of the User's payment credibility and identity will take place through the external systems https://kipg.pl/ and https://kaczmarskigroup.pl/. The User's data will be transferred to the entity providing services to Zarys, which will consist in:

    1. obtain and provide Zarys with consolidated information on your bank account(s); and
    2. to confirm the User's identity in order to make a purchase on the b2b Platform with the possibility of granting a credit limit.
  • Deferred payment purchases: Where a User makes purchases on the Zarys Platform with deferred payment, Zarys may pass the User's personal data to a factoring company.
  • To enable customers to make payments via payment services: Where the User chooses an online payment method, Outline transfers the User's personal data to the payment service provider in order to enable payment by the method chosen by the User.
  • Transfer of data to entities providing financial services to Zarys customers: In the event that the User decides to obtain financing for his/her obligations to Zarys by an entity providing such services to Zarys customers, the User's data will be transferred to the entity providing the aforementioned financial services, in order to enable him/her to use its services.
  • Contacting Zarys: The user may contact Zarys via email, telephone or online contact forms available at www. ezarys. com. In this case, Zarys may process the User's personal data in order to carry out the communication and to process the matter initiated by the User. 
  • Data storage to ensure accountability, i.e. to prove compliance with the rules on the processing of personal data.
  • Website maintenance: Outline uses necessary cookies for the proper operation of the Website. The use of necessary cookies may involve the processing of the User's personal data based on the controller's legitimate interest in operating the website.

II. RECIPIENTS OF PERSONAL DATA

In connection with the processing of the User's personal data, for the purposes referred to in Part I of the Privacy Policy, Zarys may share the User's data with the following recipients or categories of recipients:

  • to transport service providers (couriers, external transport companies),
  • to postal service providers,
  • business information offices,
  • providers of economic reports on entrepreneurs,
  • to the banks where Zarys has a bank account in connection with the transfer of amounts to the User's account through them in the event of return of goods, complaints, overpayments,
  • entities providing Zarys with logistics services, agency or distribution services, document archiving services, auditing services, tax, financial, business, legal advisory services, IT services, marketing services,
  • entities providing payment services, entities contracted by Zarys to carry out debt collection activities, and litigation attorneys representing Zarys or the aforementioned entities,
  • entities responsible for providing cookies - see the Cookies Policy for details.

III. PLANNED DURATION OF DATA RETENTION

Personal data shall be stored for the period necessary to fulfil the purposes indicated in Part I of this Privacy Policy.

  • In the case of data processed on the basis of consent (refers to cookies), until the withdrawal of this consent or the expiry of the storage periods for individual cookies indicated in the Cookies Policy if this occurs prior to the withdrawal of consent.
  • In the case of data processed for the purpose of concluding and performing a contract (part I.2 of the Privacy Policy), Zarys processes personal data until the expiry of the limitation period for civil law claims arising therefrom.
  • In the case of data processed in order to comply with a legal obligation (section I.3 of the Privacy Policy), the period of processing is determined by the law.
  • For data processed for the legitimate interest of Zarys or a third party (section I.4 of the Privacy Policy), the retention period for personal data varies depending on the specific purpose of the processing:
    • In the case of processing for the purpose of customer relationship management, the data shall be processed until the User objects on the basis of Article 21(1) of the RODO in connection with the User's particular situation, and for no longer than the User uses Zarys' services or has a business relationship with Zarys;
    • In the case of data processing for the purpose of profiling, the data shall be processed until the User objects on the basis of Article 21(2) of the RODO, and no longer than he/she uses Zarys' services
      or has a business relationship with Zarys.
    • In the case of the processing of personal data for the marketing of products and services offered by Zarys, Zarys processes personal data for this purpose until the User withdraws consent to the sending of commercial information by e-mail, SMS or objects to the processing of personal data.
    • Where personal data is processed for the purpose of pursuing claims by Zarys or for the purpose of defending against claims made against Zarys, Zarys processes personal data for this purpose until the asserted claim is enforced or the statute of limitations has expired, whichever occurs first.
    • Where personal data is processed for the purpose of organising competitions, Zarys processes personal data for this purpose until the statute of limitations for claims relating to the organisation of such a competition.
    • In the case of the processing of personal data for the purpose of securing claims relating to the sale of goods, as well as in connection with carrying out the verification for the purpose of granting the User a credit limit, Zarys processes personal data for an indefinite period of time, as long as the User in question has a business relationship with Zarys, there are unsatisfied claims by Zarys against the User.
    • In the case of the processing of personal data for accountability purposes, Outline will process personal data for as long as is necessary to document compliance with legal requirements and to allow inspection of compliance by authorised public authorities.

IV. RIGHTS OF THE DATA SUBJECT

1. THE RIGHT OF ACCESS TO DATA

You have the right to access your data, including the right to obtain a copy of your data, also by electronic means.

2. THE RIGHT TO RECTIFICATION OF DATA

The user has the right to request the rectification of incorrect personal data. The user has the right to request the completion of incomplete personal data.

3. THE RIGHT TO ERASURE

You have the right to request that Outline delete your personal data in the event that:

  • the data are no longer necessary for the purposes for which they were collected or otherwise processed;
  • raises an objection, based on his/her particular situation, to the processing of personal data by Outline based on the premise of the legitimate interest of Outline or a third party and there are no overriding legitimate grounds for the processing;
  • objects to the processing of his/her data for direct marketing purposes;
  •  personal data were processed unlawfully;
  • personal data must be erased in order to comply with a legal obligation under Union law or Polish law to which the Outline is subject.
    However, Outline points out that this right is subject to important limitations.
    Outline will not be able to comply with a User's request if further processing is necessary for:

a)      fulfilment by Zarys of a legal obligation requiring processing under EU or national law (e.g. the statute of limitations for tax obligations relating to a contract between Zarys and the User has not yet expired, the period for retaining accounting documents issued in connection with a contract between Zarys and the User has not yet expired);

b)      establish, assert or defend against claims.

4. THE RIGHT TO RESTRICT PROCESSING

You have the right to request a restriction of processing if:

  • questions the accuracy of the personal data, for a period of time allowing Zarys to verify the accuracy of the data;
  • processing is unlawful and the User objects to the erasure of the personal data, requesting instead that the use of the personal data be restricted;
  • Outline no longer needs the personal data for the purposes of the processing, but it is needed by the User to establish, assert or defend claims;
  • raised an objection based on a particular situation, to the processing of personal data by Zarys based on the premise of Zarys' or a third party's legitimate purpose - until it is determined whether the legitimate grounds on the part of Zarys override the grounds of the objection raised by the User.

5. THE RIGHT TO DATA PORTABILITY

The User has the right to receive, in the form of a file in a commonly used computer program-readable format, the data provided by the User, which Zarys processes in an automated manner on the basis of the contract concluded with the User or on the basis of the consent granted by the User. The User also has the right to request that the aforementioned file be sent to another data controller insofar as this is technically possible.

6. RIGHT TO OBJECT

The User has the right, at any time, to object - on grounds relating to his/her particular situation - to the processing of personal data concerning the User based on a legitimate purpose of Zarys or a third party. (Part I.4 of this Privacy Policy), including profiling.

Outline has the right to refuse to stop processing User Data if it demonstrates:

  • the existence of valid legitimate grounds for processing, overriding the User's interests or rights and freedoms;
  • the existence of grounds for the establishment, assertion or defence of claims.

The User has the right to object at any time if Zarys processes the User's data for direct marketing purposes, including profiling.


V. COMPLAINT TO THE SUPERVISORY AUTHORITY

The user has the right to lodge a complaint with the supervisory authority, i.e. the President of the Office for Personal Data Protection.


VI. VOLUNTARINESS OF DATA

  1. When creating an account on the b2b Platform, it is necessary to provide the following data, i.e. e-mail address, account login password, name and surname, telephone number, NIP no., name under which the User conducts business (Field: company name) or name of the entity which the User represents, street, house number, postal code, town. The provision of the aforementioned data is voluntary, however, the refusal to provide it prevents the creation of an Account on the Platform.
  2. In the event that, during the creation of an Account on the Platform, an error message is displayed, informing of the impossibility of completing the creation of the Account, or the information that there is already an Account assigned to the TIN entered by the User, the User may contact the administrator of the Platform in order to clarify the reasons for the situation. For this purpose, the User may use the contact form, which will require them to provide their name, e-mail address, telephone number, company/entity name, town, category of enquiry and the content of the enquiry. Providing the aforementioned data is voluntary, however, refusal to provide it will result in the impossibility to contact Zarys via the contact form.
  3. When concluding a contract for the sale of goods, the User may additionally provide a different delivery address than during registration. Provision of the aforementioned data is voluntary.
  4. If the User applies to Zarys for the possibility to pay for purchased goods on a deferred date within the trade credit granted by Zarys, Zarys, in order to assess the User's creditworthiness, may ask for information on the User's financial situation contained in financial documents, tax declarations. Additionally, if the User applies for trade credit for the first time, it is necessary to verify the User's identity and creditworthiness in advance using external systems cooperating with Zarys (see point I.4 of the Privacy Policy). Provision of the aforementioned information is voluntary, however, refusal to provide it may result in refusal to grant the User the possibility of deferred payment within the granted trade credit.
  5. If the User places an order via the b2b Platform for the collection of returned goods from the User, Zarys processes the User's data to the extent necessary to fulfil this agreement, i.e. company/entity name, surname, telephone number, e-mail address, invoice number to which the returned goods relate, designation of the returned goods, address from which the returned goods are to be collected. The provision of the aforementioned data is voluntary; however, the refusal to provide such data makes it impossible to place an order for the collection of the returned goods from the User via the returns form on the Platform website.
  6. In the event that the User wishes to lodge a complaint regarding the goods, via the complaint form available on the b2b Platform, the User will have to provide the following personal data: first name, surname, company/entity name, correspondence address, contact telephone number, e-mail address, number of the invoice relating to the goods in question, designation of the goods in question. Provision of the aforementioned data is voluntary, however, refusal to provide such data makes it impossible to submit a complaint via the complaint form on the website of the b2b Platform.

VII. SOURCES OF DATA

  1. Outline obtains the User's personal data directly from the User, subject to
    paragraph 2.
  2. If the User is an entrepreneur who has applied for the possibility to make deferred payments as part of trade credit granted by Zarys, Zarys may collect data on the User through business information offices in accordance with the Act of 09.04.2010 on providing access to business information and exchange of business information. In addition, Zarys collects information on payment reliability, in particular on the User's timely payment of liabilities to other business entities, e.g. payment history, value of liabilities, payment structure, history of delays, average delay, from entities providing services of making available business reports on entrepreneurs. Outline obtains the above-mentioned information from the following entities: Krajowy Instytut Prawa Gospodarczego Sp. z o.o. ul. Grzybowska 87 00-844 Warsaw and Kaczmarski Group sp.j, ul. Danuty Siedzikówny 12, 51-214 Wrocław - in the event that the User makes purchases on the b2b Platform.

VIII. COOKIES AND OTHER TRACKING TECHNOLOGIES

For detailed information on Outline's use of cookies, please refer to the Cookies Policy.


IX. PROTECTION OF PERSONAL DATA

  1. Outline applies technical and organisational measures to protect personal data against unauthorised access, loss or damage, appropriate to the risks identified in relation to data processing.
  2. In order to prevent unauthorised persons from obtaining and modifying the personal data sent by Users during registration and logging into their account on the b2b Platform, Zarys provides encryption of the connection to the Zarys server.
  3. The measures taken by Outline may not be sufficient if the User himself does not comply with the security rules. In particular, the User should keep the login and password to the b2b Platform account confidential and not make them available to third parties. Zarys will not ask the User to provide them, except when logging in.
  4. In order to prevent the use of the Account by unauthorised persons, the User shall log off each time he/she finishes using the b2b Platform.
  5. The privacy policy is effective as of 01.12.2022.

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b2b@zarys.pl
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41 - 807 Zabrze (KSSE Zabrze)
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