PRIVACY STATEMENT

This Privacy statement („Privacy statement”) has been prepared by Clouds On Mars sp. z o.o. and Clouds On Mars Services sp. z o.o. (together as „Clouds on Mars”) and constitutes the set of principles of your personal data processing by Clouds on Mars. As data controllers of your personal data we are obliged to protect your privacy and we will process your personal data in line with this Privacy statement and with binding legislation regarding data processing, i.e. 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) („GDPR”), which came into force on May 25, 2018 as well as Polish legislation in this respect.


1. Information on data controllers

  • Clouds On Mars sp. z o.o.
    Zgoda 3 / 8A
    00-018 Warsaw
    KRS no 0000670382
    NIP no 5213773786

    Tel: (+48) 512 624 286
    e-mail: info@CloudsOnMars.com

2. Definition of personal data, special categories of personal data and personal data processing

Personal data means any information relating to an identified or identifiable natural person (“Data subject”) such as name and surname, identification number, localization, internet identifier, phone number, e-mail address.

Special categories of personal data, called also sensitive personal data, is a subset of personal data and may include the information such as racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person's sex life or sexual orientation.

Processing of personal data means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.


3. The purpose of personal data processing and the time frames of processing


3.1 Recruitment

We process your personal data for the purpose of undertaking the recruitment process. Data in the recruitment process is processed on the basis of your consent, i.e. on the basis of art. 6 section 1 point a) of GDPR.

The data gathered in the given recruitment process will be stored for the period of 8 months counted from the end of this recruitment. You may agree for processing your personal data also for the purpose of future recruitment. In such case your data will be stored for the period of 5 years counted from the day of granting such consent.


3.2 Concluding and execution of the agreement

We process your personal data for the purpose of rendering services to you and obtaining the goods and services from you. The data in this process is processed for the purpose of execution of the agreement with Clouds of Mars to which you are the party, i.e. on the basis of art. 6 section 1 point b) of GDPR.

The data gathered in this process will be stored for the period of this agreement and for the period of claims prescription deriving from the given agreement.

Gathering the data belonging to special category of personal data, we will ask for your clear consent and will inform about the purpose of processing.


3.3 Marketing

We process your personal data for the purpose of marketing activities. We process the data for this purpose on the basis of your consent, i.e. on the basis of art. 6 section 1 point a) of GDPR.

Data gathered for the purpose of marketing activities will be stored for the period of 5 years counted from the day of granting such consent.


3.4 Execution of legal obligations of Clouds on Mars

We will process your personal data when such processing will be necessary for the execution of legal obligations of Clouds on Mars, i.e. on the basis of art. 6 section 1 point c) of GDPR. Such legal obligations may be obligations deriving from accounting provisions, tax provisions, civil law provisions (for example answering your claim) etc.

Data gathered for the above purpose will be stored for the period of execution of the above obligations and for the period during which the legal provisions require to keep it.


3.5 Processing necessary for the purposes deriving from legally reasoned interests of Clouds on Mars.

We will process your personal data when such processing will be necessary for the purposes deriving from legally reasoned interests of Clouds on Mars, i.e. on the basis of art. 6 section 1 point f) of GDPR, such as for example: necessity of establishing and defense of our rights or claims assertion from the other party of legal relationship or to undertake day-to-day business activities by Clouds on Mars. The exception are the situations when the interests or elementary rights and freedoms of Data subject are overriding.

The data gathered in this process will be stored for the period of the agreement and for the period of claims prescription deriving from the given agreement.


3.6 Preparing databases, record sheets, statistics and analysis.

We will process your personal data for the purpose of preparing databases, record sheets, statistics and analysis for our internal use, i.e. on the basis of art. 6 section 1 point f) of GDPR.

The data gathered in this process will be stored for the period of the agreement and for the period of claims prescription deriving from the given agreement.


4. How we collect your personal data

As a rule we collect your personal data directly from you. We gather it through our website, during phone calls, while delivering our services or obtaining goods and services from you, on forms and in other correspondence, in written or electronic form.

In the event we will collect your personal data from the third parties, we will inform you about it, giving you all the necessary information according to art. 14 of GDPR and if required – we will obtain your consent for such processing.


4.1 Cookies

All about cookies you will find on a separate website: http://www.allaboutcookies.org/


4.2 Links on our websites

Our website may include the links to the websites of third parties. We hereby inform that the terms and conditions of this Privacy statement do not apply to external websites. If you want to find out how the third party protects your personal data, we suggest to obtain its privacy statement personally.


5. How we use your personal data

Your personal data is gathered and used only in accordance with law and only for the purposes described above. We will not use obtained personal data for the purposes other than stated in this Privacy statement or for the purposes which were revealed to you and for which we received your clear consent.

Your personal data will not be subject to profiling.


6. What happens if you do not give us your personal data

Giving us your personal data is not the statutory obligation. You have a right not to transfer to us the above mentioned personal data. However, if you decide not to give us your personal data, we may be unable to undertake the recruitment process with you, deliver the services to you, obtain goods and services from you or undertake the marketing activities.


7. Who do we transfer your data to


7.1 Other data controllers

We may transfer your personal data to other parties which will process it in their own name and on their own behalf, to the extent they become an independent data controller, for example:
  • banks and financial institutions in order to make payments,
  • administrative and state authorities, courts and all administration of justice institutions and prosecution bodies,
  • companies from Clouds on Mars group.


7.2 Parties processing the personal data on behalf of Clouds on Mars

We may transfer your personal data to the parties which will process it on behalf of Clouds on Mars, for example:
  • computer systems and services in cloud suppliers,
  • our sub-contractors,
  • agents and commercial agencies or other parties intermediating in selling the services of Clouds on Mars and organizing the marketing actions,
  • parties rendering to Clouds on Mars outsourcing and advisory services (such as tax or legal advisory, accounting and payroll / HR services, auditing services etc.),
  • companies from Clouds on Mars group.

While disclosing your personal data to the third parties, we undertake all necessary steps to ensure that those third parties will be obliged to keep them confidential and protect the privacy of your personal data. Disclosing your personal data is done according to legal provisions and in case it is required – on the basis of data processing agreement, in order to ensure that the data is processed only for the purposes clearly stated and using the proper security means.


8. Do we disclose your personal data to parties outside EU/EEA

As a rule, your personal data will not be transferred to the countries outside EU/EEA. However, if in the future we would decide for such transfer, we will not do so without your written consent and only following all the conditions stated in GDPR, unless such transfer is allowed or legally necessary in other way.


9. Storage and security of personal data

Your personal data is stored in paper or electronic form. We apply the safety means as required by law to protect the personal data that we store from misuse, interference and loss, and unauthorised access, modification or disclosure. Clouds on Mars applies technical security measures such as encryption of hard disks or passwords for accessing the files. Moreover, access to your personal data held in electronic or paper form, will be restricted to persons properly authorised to have access and only to those for which access to the data is necessary.


10. Your rights connected with processing of personal data

You have the following rights connected with processing your personal data by us. Their scope and if and in which situation you may use them is stated in the legal provisions and depends on the legal basis under which we process your personal data:
  1. right to access your personal data and receiving the copy thereof,
  2. right to rectification of your personal data,
  3. right to erasure or restriction of processing of your personal data,
  4. right to data portability to another data controller,
  5. right to object to processing your personal data,
  6. right to withdraw your consent for data processing at any time (without affecting the lawfulness of processing based on consent before its withdrawal).
If you have any questions to this Policy or in order to exercise your rights connected with processing of your data, please contact us using the contact details mentioned at the beginning of this Privacy statement.


11. Complaint about the breach of privacy

If you think that processing the personal data by us infringes the legal provisions, you may make a complaint to the President of Data Protection Office.


This Privacy statement is valid as of May 25, 2018.

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