PRIVACY POLICY AND COOKIES “Tu Español”
I. Introduction
(1) This Privacy and Cookies Policy of the Tu Español website (hereinafter, respectively: “Policy”) is for informational purposes, which means that it does not create obligations for those who use the website.
(2) You may address any questions or concerns relating to the processing of your personal data to: “Tu Español”.
II. Purpose of the Policy
The purpose of the Policy is to:
- to set out the principles of the Administrator’s processing of personal data within “Tu Español” and, by making it available, to provide data subjects with the necessary information on the processing of their personal data 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”).
- to explain your rights in relation to the personal data processed by the Controller and how it is secured.
- to provide information on the cookies used by “Tu Español” and the rules for accepting them.
III. General information
- the administrator of your personal data and the entity which operates the website
‘Tu Español’ with its registered office in Wrocław (hereinafter: ‘Administrator’). 2.
(2) The Administrator declares that he/she takes particular care to protect the interests of the data subjects, and in particular he/she ensures that:
- it processes personal data lawfully, fairly and in a transparent manner for the data subjects;
- it collects personal data for specified, explicit and legitimate purposes and does not further process them in a way incompatible with those purposes;
- the personal data are adequate, relevant and limited to what is necessary for the purposes for which they are processed;
- personal data shall be accurate and, where necessary, kept up to date;
- it shall keep personal data in a form which permits identification of the data subject for no longer than is necessary for the purposes for which they are processed;
- shall process personal data in a manner that ensures appropriate security, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, by means of appropriate technical or organisational measures.
IV. Purposes and grounds for processing
1. Use of the contact form
The personal data you provide in connection with the use of the contact form is processed primarily for the purpose of handling your request and responding to you. The legal basis for the processing of your personal data for this purpose is the legitimate legal interest of the Administrator – Article 6(1)(f) RODO.
Your personal data may also be processed for the purposes of marketing activities and the investigation or defence of possible claims. The legal basis for the processing of your personal data for this purpose is the legitimate legal interest of the Administrator – Article 6(1)(f) RODO.
2. Newsletter subscription
The personal data you provide in connection with subscribing to the newsletter (agreeing to receive commercial information) is processed primarily for the purpose of directing marketing content to you. The legal basis for the processing of your personal data for this purpose is the legitimate legal interest of the Administrator – Article 6(1)(f) RODO.
Your personal data may also be processed in order to assert or defend possible claims. The legal basis for processing your personal data for this purpose is the legitimate legal interest of the Administrator – Article 6(1)(f) RODO.
The provision of personal data is voluntary, but necessary for the purposes indicated above.
V. Duration of processing
- we will process your personal data provided in connection with the use of the Tu Español website (and the creation of an account if applicable) for the duration of the existence of your Tu Español account.
(2) We will process your personal data provided in connection with placing an order for the time necessary for the performance and settlement of the sales or service contract concluded and the fulfilment of legal obligations relating to the contract concluded (accounting and tax obligations).
(3) We will process your personal data provided in connection with the completion of the contact form for the time necessary for the processing of your request and the response.
(4) We will process your data processed by us for marketing purposes for the duration of our legitimate interest and until you object to such processing.
(5) Where your personal data is processed on the basis of consent, this consent may be withdrawn at any time, which will not affect the lawfulness of the processing carried out on the basis of consent before its withdrawal.
- in any case, your personal data may also be processed for the time necessary for:
- To comply with the Administrator’s obligations under applicable law;
- the investigation or defence against possible claims – for the period of their limitation period specified in the applicable legislation.
(7) Depending on the scope of personal data and the purposes for which they are processed, your personal data may be stored for different periods. In each case, the longer period of storage of your personal data shall be decisive.
VI. Recipients of data
(1) The Administrator may share your personal data with third parties with whom it collaborates in the running of “Tu Español”. These may include entities that technically assist us in running the service, e.g. providers of hosting or ICT services, carriers or intermediaries that process the shipment of orders, entities that process electronic payments or payment card payments, companies that support us in communicating with customers and implementing marketing campaigns, as well as providers of legal and consultancy and language services.
(2) All these entities have been obliged to apply appropriate measures to ensure the security and protection of your personal data.
(3) In connection with the Administrator’s cooperation with third parties for the activities of “Tu Español”, your personal data may be transferred to a country outside the European Economic Area (hereinafter: “EEA”), where the entity cooperating with the Administrator maintains the tools for processing personal data in cooperation with the Administrator.
(4) For transfers of personal data to entities established outside the EEA, the Controller shall ensure that the requirements set out in Chapter 5 of the RODO are applied, including the use of appropriate transfer grounds in the form of standard contractual clauses. You can obtain a copy of the safeguards for personal data transferred outside the EEA by contacting the Controller at: infotuespanol@gmail.com.
VII. Rights of personal data subjects
The personal data subject has the right to:
- Access to personal data (including e.g. to be informed which personal data are being processed),
- request rectification and restriction of the processing of personal data (e.g. if they are incorrect);
- erasure of personal data (e.g. where it has been processed unlawfully);
- to transfer personal data which he/she has provided to the Controller and which is processed by automated means and the processing is based on consent or on a contract, e.g. to another controller;
- to object to the processing of personal data based on the prerequisite of necessity for purposes deriving from the legitimate interests pursued by the Administrator or by a third party, including in particular to processing for marketing purposes;
- lodge a complaint to the President of the Office for Personal Data Protection.
VIII. Cookies
(1) The Administrator uses cookies (small text files, so-called “cookies”) or with functionality similar to cookies, which are stored in your terminal device in connection with the use of the “Tu Español” website.
(2) Cookies enable us to ensure that the “Tu Español” website works properly and that its basic functions are carried out. We may also use them to carry out analysis of the use of our “Tu Español” website, to adapt it to your interests and to present tailored advertising content.
(3) Cookies collect various types of information which, in principle, do not constitute personal data (they do not allow you to be identified). However, some information, depending on its content and use, may be attributed to a specific person and thus be considered personal data. The provisions of the Policy relating to personal data apply mutatis mutandis to this type of information. To the extent that cookies will contain your personal data, the basis for their processing is the legitimate interest of the Administrator.
4 Two main types of cookies are used within the “Tu Español” website:
- “session” (session cookies) – these are temporary files that are stored on your terminal device until you leave the website or switch off your software (web browser); and
- “permanent” (persistent cookies) – which are stored on your terminal equipment for the time specified in the parameters of the cookies or until you delete them.
5 In addition to essential cookies (which we use to guarantee the correct functioning of the website and the safe use of the website), we may also use the following cookies on the “Tu Español” website:
- “Functional” cookies – cookies designed to carry out analysis of the use of our “Tu Español” website. Among other things, they allow us to determine the number of visitors to the “Tu Español” website, as well as to detect anomalies in its functioning and, at the same time, to continuously improve it. These cookies will also allow us to adapt the content of the website to your individual preferences (e.g. language);
- “marketing” cookies, which are used to present advertisements tailored to your interests, and may also be used to adapt the content and advertisements presented to you by third parties with whom we collaborate.
6 In many cases, your web browser will allow cookies to be stored on your terminal device by default. You can delete cookies stored on your end device at any time or block them in your browser settings.
7 Detailed information on how to block/delete cookies is available in the “Help” section of your web browser menu. For example, in Internet Explorer, cookies can be modified from: Tools -> Internet Options -> Privacy; in Mozilla Firefox: Tools -> Options -> Privacy; and in the Google Chrome browser: Settings -> Show advanced settings -> Privacy -> Content settings -> Cookies. The access paths may vary depending on the browser version used.
8 As part of your use of the “Tu Español” website, you have the option of choosing the scope of use of cookie technology and then giving the appropriate consent corresponding to the scope chosen. Depending on which scope of cookie technology you agree to, such cookies will be installed on your device.
(9) Cookies are not harmful to you or your device. Restrictions on the use of cookies may affect some of the functionalities available on “Tu Español”, enable or significantly impede the correct use of the “Tu Español” website.
10 As the Administrator collaborates with other entities within “Tu Español”, for the purposes of this collaboration, the browser also stores cookies that come from the entities with which the Administrator collaborates. Among other things, information about the products viewed is collected in this way. The cookies sent by these entities are intended to improve the effectiveness of presenting you with advertisements that correspond to your online activity. As part of its marketing activities, the Administrator uses the services of the following entities that use cookies in “Tu Español”: Google Analytics.
IX. Final provisions
(1) The Administrator reserves the right to change the Policy in the future – this may occur for the following important reasons, among others:
- changes to current legislation, in particular in the field of personal data protection, telecommunications law, electronic services and regulating consumer rights, affecting the rights and obligations of the Administrator or the user of “Tu Español”;
- developments in functionality or electronic services dictated by advances in Internet technology, including the use/implementation of new technological or technical solutions, affecting the scope of the Policy.
(2) The Administrator will, each time, post within “Tu Español” a notice of changes to the Policy. With each change, the new version of the Policy will appear with a new date.
(3) As the “Tu Español” website may contain links to external websites that do not belong to the Administrator and for which the Administrator is not responsible, the Administrator encourages you to read the privacy policies posted on external websites that belong to other administrators.
4 This version of the Policy is effective as of 12.10.2020.