Privacy Policy & Cookie Policy
1. Definitions
Controller - Yoter Up sp. z o.o. with its registered seat in Kraków (30-526) Czyżówka 14/ 1.3.2 St., Tax Identification Number [NIP]: 6751696293, REGON: 382663888, entered in the register of entrepreneurs of the National Court Register, e-mail: [email protected]
Personal Data (Data) - information on a natural person identified or identifiable by one or several features specifying a physical, physiological, genetic, psychological, economic, cultural or social identity, including IP devices, Location Data, internet identifier and information collected through cookies and other related technologies.
Policy – this Privacy and Cookie Policy.
RODO – the Regulation of the European Parliament and of the Council (EU) 2016/679 of April 27, 2016 on the protection of natural persons in connection with personal data processing and the free flow of such data and the revocation of directive 95/46/EC.
User – any natural person visiting Website or using one or several services or functions described in Policy (herein also referred to as: you and your).
2. How we collect your Data when you use our Website
In connection with your using our Website, we collect Data necessary to provide individual services offered by Website, and the information on your activities on Website. Certain Data are collected automatically when you visit Website by cookies placed on Website and other related technologies. We collect other Data when you enter them in contact or registration forms placed on Website.
We described below your rights and detailed rules and purposes of the processing of Personal Data collected by us when you use Website.
3. Information on your rights related to Personal Data processing
In connection with us processing your Personal Data, you enjoy the following rights:
right to access Data;
right to demand Data be corrected;
right to remove Data (”right to be forgotten”);
right to restrict the processing;
right to transfer Data;
right to object to Data processing for marketing purposes – you may object to Personal Data processing for marketing purposes at any time without stating the grounds therefor;
right to object to other Personal Data processing purposes – you may object, at any time, for reasons related to your particular situation, to Personal Data processing which is done on the basis of our legitimate interest (e.g. for analytical or statistical purposes), such objection shall include grounds therefor;
right not to be subject to a decision (also profiling) which is solely based on automated processing and results in legal effects towards you or materially affects you in other similar way;
right to withdraw consent (when the processing is based on consent) – at any time with no effect on the compliance with the right to the processing done by your consent prior to its withdrawal; and
right to file a complaint with a supervisory body dealing with Personal Data protection.
You may exercise your rights by submitting an appropriate request to: Yoter Up sp. z o.o., in Kraków (30-526) Czyżówka 14/1.3.2 or via [email protected]
Such request shall precisely, as far as it is possible, indicate the subject matter thereof. If we are not able to establish the content of your request or identify you, we will contact you for further information. It is not mandatory to provide further information, however, failure to do so will result in declining the request.
We will reply to a request no later than within a month from the receipt thereof. If the said time limit needs to be extended, we will notify you of the reasons therefor.
We will reply to an email address from which such request was sent, and in the case of requests sent by post or otherwise, by regular post to the address indicated by you, unless such request specifies that we deliver our reply via email (in such event we ask you to indicate an email address). If the time limit for handling a request prevents us from responding by written form, and the scope of Personal Data collected by us enables contact by electronic means, we will reply by such means.
We store information on the request made and the person who made such request in order to ensure the possibility to demonstrate compliance and to establish, defend or assert any Data subject claims. We store a register of requests in a manner which ensures the integrity and confidentiality of the Data therein. The legal ground for Data processing is our legitimate interest consisting in maintaining the accountability with respect to the request handling and asserting and defending against claims. You have the right to object.
4. Data recipients
In connection with collecting Data necessary to provide individual services offered by Website and information on your activities on Website – your Personal Data will be disclosed to external entities, including without limitation information technology system providers.
Data may be disclosed to competent bodies or third parties which will request that such information be disclosed on the appropriate legal ground and in accordance with applicable law.
If you have consented, your Personal Data may also be disclosed to other entities for their own purposes, including marketing purposes.
5. How long we process Data
How long the Controller processes your Data depends on the type of a service provided and processing purpose. Generally, Data are processed during the time a service is provided or an order processed, until you withdraw consent or until you effectively object to Data processing in situations when the legal ground for Data processing is the Controller’s legitimate interest.
The period of Data processing may be extended if the processing is necessary to establish, assert or defend against any claims, and, subsequently, only when and to the extent it is required by law. After the lapse of the period of Data processing, Data shall be irrevocably removed and anonymised.
6. Data processing in connection with using Website
In connection with you using our Website, we collect Data to the extent necessary to provide individual services and also information on your activities on Website.
Your activities on Website, including your Personal Data, are registered in system logos and processed mainly for purposes related to the service provision on Website. In addition, we process such data for technical and administrative purposes, to ensure the security and management of the IT system and for analytical and statistical purposes, in such case the legal ground for the processing is our legitimate interest. You have the right to object.
We process your Personal Data (including an IP address or other identifiers and information collected through cookies or other related technologies) also for the following purposes:
to provide services by electronic means with respect to the content disclosed to you on Website – legal ground: the necessity of the processing to perform an agreement;
to analyse and keep statistics – legal ground: our legitimate interest consisting in analysing Users’ activities and their preferences in order to improve the used functions and provided services. You have the right to object to such processing;
to establish, assert or defend against any claims – on the basis of our legitimate interest. You have the right to object; and
for our marketing purposes and marketing purposes of other entities, specifically related to the presentation of behavioural advertising – the rules of Data processing for marketing purposes are described herein below in chapter ”Data processing for marketing purposes.”
7. Application form and your Data
If you wish to apply to us through Website: – you will find information on your Personal Data processing in connection with submitting an application form next to the form.
8. Contact form, including option: ”Schedule a Demo,” ”Price a project,” ”Free consultation” and your Data
While completing a contact form you will be asked to enter your Data. The scope of the Data collected includes: first name, surname, company, email address and message content. You may send a message through a contact form on condition you indicate an email address for contact and the content of such message. You may also submit other Data to facilitate contact or the handling of your enquiry. It is necessary to submit Data marked as mandatory so that your message is received and handled by us – failure to submit such Data will result in the impossibility of responding to such enquiry. It is voluntary to submit the remainder of Data.
Personal Data are processed:
to identify a message sender and reply to an enquiry sent to us – we will process your Data in order to provide a service of sharing a contact form, and, with respect to Data submitted voluntarily, on the basis of your consent granted upon entering Data in the form and sending it;
if you contact to conclude an agreement, we will process your Data to take action with intention to or in order to conclude an agreement – on the basis of your interest in our services and your action taken with a view to concluding an agreement;
to establish, assert or defend against any claims – on the basis of our legitimate interest. You have the right to object; and
for analytical and statistical purposes – on the basis of our legitimate interest which consists in conducting analyses of your activities and preferences when you use Website and in order to improve the functions used. You have the right to object.
for marketing purposes – on the basis of your voluntary consent
We inform that we transfer your Data outside the European Economic Area.
Your Data will be processed for as long as it is necessary to fulfil the said purposes of the processing, including the time necessary to provide the service, until you withdraw consent or until you effectively object to Data processing in situations when the Controller’s legitimate interest is the legal ground for Data processing, specifically:
Data obtained for identifying the sender and replying to an enquiry – for as long as it is necessary to reply to / examine an issue or until, and with respect to Data submitted voluntarily on the basis of consent – you withdraw consent to Data processing or we determine that Data are no longer current; and
Data obtained in order to conclude an agreement – while negotiating such agreement and by the end of the calendar year following the year of your last contact with us.
Data obtained for marketing purposes – until you withdraw your consent.
Your Data submitted in the contact form shall not be subject to a decision (including profiling) which is solely based on automated processing and results in legal effects towards you or affects you materially in any other similar way.
It is voluntary to submit Data with respect to Data processing in order to make contact. Failure to submit Data will result in the impossibility to make contact / reply to an enquiry.
9. Traditional correspondence and via email or telephone
In the event of any correspondence directed to us via email or by traditional post which is not connected to services provided for your benefit or other agreement concluded with you in place, we will process the Data present in such correspondence solely for communicating and handling the correspondence subject.
When you contact us by telephone in connection with matters not related to the concluded agreement or rendered services, we may request that you submit Personal Data exclusively when it is necessary to handle a matter to which such contact relates.
The legal ground for the processing is our legitimate interest which consists in maintaining correspondence directed to us in connection with our business activity, and in the case of contact by telephone, our legitimate interest consisting in the necessity to handle a matter connected to our business activity. You have the right to object.
We process only the Personal Data which are material to such matter.
We inform that we transfer your Data outside the European Economic Area.
Your Data will be processed for as long as it is necessary to fulfil the said purposes of the processing, or until you effectively object to Data processing in situations when our legitimate interest is the legal ground for Data processing.
10. Contact via chat
By using chat placed on Website you may provide such scope of Data as you deem reasonable. You may also use chat without providing Data.
Personal Data are processed:
to communicate through chat, also reply to any enquiry to us – we will process your Data in order to render a service of chat sharing – on the basis of your consent granted by using chat and entering your Data in the communicator;
if you contact in order to conclude an agreement, we will process your Data to take action with intention to or in order to conclude an agreement – on the basis of your interest in our services and your action taken with a view to concluding an agreement;
to establish, assert or defend against any claims – on the basis of our legitimate interest. You have the right to object.
for analytical and statistical purposes – on the basis of our legitimate interest which consists in conducting analyses of your activities and preferences when you use Website and in order to improve the functions used. You have the right to object.
We inform that we transfer your Data outside the European Economic Area.
Your Data will be processed for as long as it is necessary to fulfil the said purposes of the processing, including the time necessary to provide the service, until you withdraw consent or effectively object to Data processing in situations when the Controller’s legitimate interest is the legal ground for Data processing, specifically:
Data obtained for communicating – for as long as it is necessary to reply to / examine an issue or until, and with respect to Data submitted voluntarily on the basis of consent – you withdraw consent for Data processing or we determine that Data are no longer current; and
Data obtained in order to conclude an agreement – while negotiating such agreement and by the end of the calendar year following the year of your last contact with us. 5. Your Personal Data submitted in the contact form shall not be subject to a decision (including profiling) which is solely based on automated processing and results in legal effects towards you or affects you materially in any other similar way.
It is voluntary to submit Data with respect to Data processing in order to communicate. Failure to submit Data will result in the impossibility to make contact / reply to an enquiry.
11. Newsletter subscription service and your Data
When you subscribe to a newsletter we will ask you to enter your email address and agree to the Newsletter Terms and Conditions. You may subscribe to the Newsletter on condition that you enter your email address and agree to the Newsletter Terms and Conditions. It is voluntary to subscribe to the Newsletter.
We will process the Personal Data entered in order to send the subscribed Newsletter to the indicated email address on the basis of the concluded Newsletter service agreement (in accordance with the Newsletter Terms and Conditions).
We inform that we transfer your Data outside the European Economic Area
Your Data will be processed for as long as it is necessary to fulfil the said purposes of the processing, i.e. during the subscription to the Newsletter and no longer than until you unsubscribe from the Newsletter or we discontinue to issue the Newsletter.
Your Data submitted in the contact form shall not be subject to a decision (including profiling) which is solely based on automated processing and results in legal effects towards you or affects you materially in any other similar way.
12. Your Data and our social media accounts
Caution – the above information shall not apply to Data processing by the controllers of Facebook, Instagram, Twitter, LinkedIn, Clutch and You Tube – you will find information on Data processing by the said controllers on their websites respectively.
We have public profiles on social media such as Facebook, Instagram, Twitter, LinkedIn, Clutch and YouTube. In connection with the above, we process the Data of persons who visit our profiles, post comments or likes and do other activities in connection with the said profiles.
We process the received Data solely in connection with running a profile, specifically: a) to enable activities on the said profiles;
to enable activities on the said profiles;
to manage such profiles actively and effectively, also to notify of our activities and promotions of any type of events, services and products, and in order to communicate by means of the functions available through the said profiles;
for statistical and analytical purposes; and
to establish, assert and defend against any claims.
The legal ground for Data processing is our legitimate interest which consists in promoting our brand and building and maintaining our brand community, and in the case of the establishing and asserting of any claims and defending against them, in asserting and defending against such claims. You have the right to object.
13. Data processing for marketing purposes
We process your Data also to implement marketing activities which may involve:
displaying marketing content relevant to you (behavioural advertising).
We, and our trusted partners, process your Data, including Personal Data collected through cookies and other related technologies, for marketing purposes in connection with directing behavioural advertising at you. In such event, Personal Data processing also includes Data profiling. Using Personal Data collected by means of the said technology for marketing purposes, specifically with respect to the promotion of third party services and products, requires your consent. You may withdraw such consent at any time with no effect on the right to the processing done by your consent prior to its withdrawal. You give and withdraw consent by means of the cookie management panel.
displaying marketing content to you which are not adjusted to your interests (keyword advertising).
In such event, we process Data in the fulfilment of our legitimate interest which consists in the promotion of our services and products. You have the right to object.
sending email notifications of interesting offers or content which in some cases contain commercial information (newsletter service);
distributing marketing content through various channels, i.e. via email, text or MMS messages or by phone, however, we take such action solely upon your consent, which you may withdraw at any time with no effect on the right to the processing done by your consent prior to its withdrawal (so-called direct marketing). We may also apply direct marketing by means of traditional post, of which you will be notified – you have the right to object;
undertaking other type of analytical and statistical activities; and
undertaking other type of activities related to the direct marketing of our services or products (sending commercial information by electronic means).
In order to implement marketing activities, we apply, in some cases, profiling. The above means that thanks to automatic Data processing we evaluate the selected factors related to Users in order to analyse their behaviour or create a prognosis for the future. It enables a better adjustment of the content displayed to Users’ individual preferences and interests.
14. Cookies and related technologies
Cookies are system files installed on a device you use when you browse Website (e.g. a computer, smartphone, or electronic device with the Internet access – so-called telecommunications terminal devices). Cookies may be useful as they enable websites to recognise a device and its preferences and, in general, help improve the comfort of using the Internet. You may read more information on cookies on: and .
We use cookies in the first place to provide you with services by electronic means and improve their quality. We use our own cookies as well as external cookies. Our cookies are set by our Website. External cookies, so-called third party cookies, are set by a domain other than our Website.
In accordance with the law, we may store cookies on your device if it is necessary for this Website to operate (so-called Necessary Cookies). We require your consent to any other types of cookies. Some cookies are placed by third party services which appear on our Website. You may withdraw your consent at any time (with no effect on the right to the processing done by your consent prior to its withdrawal), by changing the selected settings. You give and withdraw consent by means of the cookie management panel.
Our Website contains cookies and other related technologies.
In view of the above, we, and other entities rendering services for us, including analytical, statistical and marketing services, use cookies when storing information or gaining access to the information already stored in the telecommunications terminal device you use to browse Website. Using cookies on Website is not intended to identify you.
We use four types of cookies: Necessary Cookies, Preference Cookies, Statistics Cookies and Marketing Cookies. Using cookies of external providers means transferring Data collected by such cookies outside the European Economic Area.
Caution! You will find detailed information on cookies used by Website and their type, name, providers (through which you may access the provider’s privacy policy), processing purposes and expiry date in our cookie management panel. The panel enables you to manage your preferences with respect to the cookies we use. The panel displays itself upon the first visit to Website and subsequently every 6 months. The panel remembers your choice.
NECESSARY COOKIES
We use Necessary Cookies to provide you with Website services and functions you wish to use. They ensure the proper operation of Website and the use of available services and functions. Website will not operate properly without such cookies. Necessary Cookies are at all times active on our Website. The legal ground for Data processing in connection with using Necessary Cookies is the necessity of the processing for the performance of an agreement.
PREFERENCE COOKIES
Preference Cookies allow for the “remembering” and adjusting of your settings and personalising of the User’s interface, e.g. with respect to the selected language or region where you come from, font size and website appearance etc. We or our partners may place functional cookies on our Website. The legal ground for Data processing is your consent given by means of the cookie management panel.
STATISTICS COOKIES
Statistics Cookies help us understand Users’ behaviour on Website by collecting and reporting anonymous information. Statistics Cookies allow us to gain information such as Website visits or traffic. They are used to determine which Website functions are more and less popular and help us understand how Users browse Website by keeping statistics on Website traffic. Data processing serves the improvement of the Website’s efficiency. Information collected by such cookies is aggregated, therefore, it is not intended to establish your identity. Statistics cookies may be placed by us or our partners through Website. The legal ground for Data processing is your consent given by means of the cookie management panel.
MARKETING COOKIES
Their purpose is to display personalised advertising which is relevant and of interest to you (behavioural advertising) – on and outside Website. Your profile of interests is built on the basis of the information from such cookies and your activities on other websites. Advertising cookies may be placed by us and our partners through Website. The legal ground for Data processing is your consent given by means of the cookie management panel.
By the above, we wish that your contact with us be relevant to your needs and interests. If you decide not to give consent to such tracking, you will still see our advertising displayed randomly on other websites (keyword advertising).
Our Website contains links to websites, plug-ins and third party applications.
Clicking or activating such links may allow third parties to collect and share your Data.
Also, if you consented to Preference, Statistics or Marketing Cookies, websites of third party entities may track your behaviour when you browse and leave Website.
We shall not control third party websites and bear any liability for their privacy notices.
On Website, you will find links and plug-ins to the following third party websites:
a social media account on Facebook and Instagram – provider Facebook Ireland Ltd.: https://www.facebook.com/legal/FB_Work_Privacy and https://help.instagram.com/519522125107875?helpref=page_content;
a social media account on Twitter – provider Twitter International Company: https://twitter.com/en/privacy;
a social media account on LinkedIn – provider LinkedIn Ireland Unlimited: https://www.linkedin.com/legal/privacy-policy;
a social channel on You Tube – provider Google Ltd.: https://policies.google.com/privacy?hl=pl.
15. Transferring Data outside the European Economic Area
Due to the cookies and other related technologies used on Website and technical solutions applied while Data processing, including cloud, email, CRMs, solutions supporting forms placed on a website and other functions, your Personal Data processed by us may be transfered to a third country, i.e. a country which is not a member of the European Economic Area (EEA).
We at all times inform of the intention to transfer personal data outside the EEA upon the collection thereof. The level of Personal Data protection outside the European Economic Area differs from the level ensured by European law. Due to the above, we transfer Personal Data outside the EEA only when it is necessary and after we ensure an adequate Data protection level.
In addition, we inform that in connection with the usage of the said tools your Data may be transferred to the United States of America. At present, the USA is not subject to the European Commission decision on the adequate level of Personal Data protection – in line with the European law standard. In view of the lack of adequate safeguards, there is a risk of inadequate protection of Personal Data collected by the said tools, including the risk of American public authorities having access thereto. Such situation may result in the restriction of your rights related to Personal Data protection which you shall enjoy by the European Union law.
Upon each transfer we act with due care so that we ensure an adequate level of Personal Data protection (safeguards) by virtue of legal mechanisms provided for in RODO, specifically we care that the transfer be based on:
the European Commission decision on an adequate protection level (in the case of countries with respect to which such decision was issued);
binding corporate rules approved of by a competent supervisory body; and
standard contractual clauses approved of by the European Commission.
Data may be transferred also irrespective of our failure to apply legal mechanisms securing Personal Data processing outside the EEA.
You may contact us to obtain detailed information on Personal Data transfer outside the European Economic Area, including copies of safeguards.
16. Security of Personal Data
Our Website uses SSL and TLS encryption.
When processing your Personal Data we act with due care and diligence so that your Data be processed in a lawful, reliable, transparent and secure manner.
We obtain Personal Data for expressly specified purposes and we shall not process Data against such purposes, also we collect Data in the minimum scope necessary to fulfil the said purposes.
We process Personal Data solely on the basis set forth in law provisions, we keep Data updated and correct and restrict the time of the processing thereof to the time necessary to fulfil the purposes for which they are collected.
We apply technical and organizational measures to protect Personal Data from unlawful or unauthorised access or usage, and accidental destruction, loss or invasion of integrity. 6. We ensure that only authorized persons have access to Data and only within the scope which is necessary to fulfil their tasks. We care that all operations with the use of Personal Data be registered and performed solely by authorised employees and co-workers.
We undertake all necessary activities so that our contractors and other cooperating entities give a guarantee of adequate safeguards each time they process Personal Data on our instructions.
We regularly analyse the risk and monitor the adequacy of Data safeguards to identified threats. If need be, we introduce additional measures in order to increase Data security.
17. Amendments to Privacy and Cookie Policy
Policy shall be regularly verified and, if need be, updated. The current Policy was adopted and shall take effect from 01.01.2025.