The Data Controller of personal data processed in the Service for the purpose of providing Services by the Administrator is Grzegorz Zaremba, address: Kazimierza Porębskiego 53/14, 80-180 Gdańsk, REGON: 366573873, NIP: 5130248534 (hereinafter referred to as „Administrator” or „Main Mentor”).
The Administrator makes every effort to maintain the confidentiality and privacy of the provided information. This Privacy Policy formulates current rules and policies concerning the protection and processing of personal data received from Users directly or indirectly, to the extent that they are protected by law applicable in the Republic of Poland.
For the purposes of the Privacy Policy, „personal data” means any information about an identified or identifiable natural person, in particular based on data such as: name and surname, identification number, location data, internet identifier, or one or several specific factors determining the physical, physiological, genetic, mental, economic, cultural, or social identity of the natural person.
For the purposes of the Privacy Policy, „Special categories of personal data” are any information revealing health data, genetic data, and other information that, due to their nature, are particularly sensitive and require special protection during processing.
For the purposes of the Privacy Policy, „Agreement” is the legal relationship between the User and the Administrator, established at the moment of the User’s registration in the Service, i.e., creating an Account and its activation, which requires acceptance of the terms of the service use regulations, which ceases at the moment of termination, i.e., cessation of Services by the Administrator for the User and deletion of the User’s Account from the Service by the Administrator on his own initiative or at the User’s request as well as directly by the User.
§ 2
Collecting and Processing Personal Data. Security
In connection with the provision of services of the Service, the Administrator may collect the following personal data:
Personal data of the User provided in connection with asking a question regarding the Administrator’s Offer (contact form or e-mail address): first name, last name, e-mail address, height, body weight, dietary preferences;
Personal data of Users collected for the purpose of performing the Agreement: first and last name, place of residence (city, country), language used, e-mail address, age, date of birth, height, weight, telephone number, Skype identifier, information about the stores where the User shops, information about dietary preferences (what likes, does not like to eat, type of fluids usually consumed), information about past or current illnesses, allergies, injuries, ailments, information about the lifestyle (sedentary, active, work in constant motion, etc.), information about the amount of physical activity currently practiced, planned physical activity, information regarding the consumption of stimulants (alcohol, cigarettes, coffee, others).
All personal data provided to us will be processed in accordance with the Regulation of the European Parliament and of the Council of the EU 2016/679 of April 27, 2016, on the protection of natural persons in connection with the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC – i.e., GDPR, and in accordance with other regulations applicable in Poland, in particular in the field of personal data protection, for the following purposes:
Proper performance of the Agreement – by performing the Agreement we mean, in this case, maintaining an Account in our Service, preparing a diet plan and physical activity individually tailored, among others, to the needs, dietary preferences, health status, lifestyle, which will allow the User to achieve the goal set and communicated to the Main Mentor or Mentor. Data processed for the purpose of proper performance of the Agreement may belong to the Special category of personal data, in particular, may concern the health of the User. By using the Services provided through the Service and providing data belonging to the Special category of personal data, the User thereby expressly consents to the processing of these data by the Administrator for the purpose of performing the Agreement and fulfilling placed orders, whose processing is necessary for the conclusion and provision of Services through the Service. In the above purpose and to the extent necessary for its realization, we will process the data for the time when you will have an Account with us, and in case of paid services, also until their full settlement and until the expiration of claims that can be raised against or by the Administrator under the performance of the Agreement.
Realization of the legally justified interest of the Administrator – during the Agreement, the Administrator will process Your data to the extent necessary to realize its legally justified interest, in order to conduct direct marketing in relation to products and services offered to you by the Administrator. The scope of data processed for this purpose in no case includes the personal data provided by the User belonging to the Special categories of personal data.
If you voluntarily express your consent, covering each of the purposes of processing your personal data – we will process your data for marketing purposes in relation to products and services offered to other Users during the Agreement and for the purpose of conducting direct marketing and for the purpose of conducting marketing by the Administrator towards other Users in relation to products and services offered by the Administrator after the end of the Agreement binding you with the Administrator, i.e., until the end of the provision of Services by the Administrator and deletion of your Account from the Service – thanks to this after the end of our permanent cooperation, you can receive information about promotions and marketing campaigns conducted by us also after the end ;
Fulfillment of obligations arising from legal provisions – we must store some of your data for purposes resulting from the accounting law or tax laws – in this purpose, necessary data related to completed orders will be stored for 5 years from the end of the year in which the order was completed, and in case of initiation by appropriate authorities of proceedings or control – until their completion.
Data provided for the purpose of performing the Agreement is provided voluntarily, however, its non-provision prevents the proper performance of the Agreement, at the same time preventing its conclusion.
In connection with the provision of Services through the Service, we may entrust the processing of your personal data to other recipients, in particular entities providing services for the Administrator, in particular in the field of accounting and bookkeeping, IT services, promotion and marketing services. The processing of your personal data, processed on behalf of and for the Administrator by employees of the Administrator and persons performing work on his behalf on the basis of another relationship, including civil law relationships, within the limits of authorization to process personal data for a specific purpose and within the scope of a specific processing activity.
Personal data of Users will be stored for the entire period of the validity of the Agreement, and after its termination or expiration to the extent necessary for the performance of legal obligations incumbent on the Data Administrator.
Data referred to in par. 1 lit. a) will be stored solely for the purpose of order fulfillment and until the expiration or termination of the Agreement (deletion of the Account from the Service), and until the expiration of claims related to the performance of the Agreement.
Data provided by the User via the form placed in the Service for the purpose of obtaining contact and the Administrator’s offer will be stored only for this purpose, i.e., to contact the Administrator and to prepare a person contacting on behalf of the Administrator to conduct a preliminary conversation (preparation of additional questions in order to adapt the created offer of provided Services to the individual needs of the User) and for its archiving for a period of 6 months from the date of the inquiry.
Due to the legally justified interest of the Administrator, the personal data provided by you other than data belonging to the Special categories of personal data may be processed for the purpose of conducting direct marketing in relation to products and services offered by the Administrator for the duration of the Agreement, and after its termination or expiration – with your voluntary consent until its revocation, but no longer than for a period of two years from the moment of termination or expiration of the Agreement.
If you voluntarily express your consent, your data will be processed after the termination or expiration of the Agreement for the purpose of advertising, promotion, and marketing in relation to products or services offered by the Administrator to third parties until the withdrawal of consent, but no longer than for a period of two years from the moment of termination or expiration of the Agreement.
The Administrator undertakes to:
Taking all reasonable actions to ensure that personal data that are incorrect in the light of their processing purposes are promptly deleted or rectified;
Storing personal data in a form that allows the identification of the person to whom they relate for a period no longer than is necessary for the purposes for which this data is processed, unless they are processed exclusively for public interest archival purposes, for scientific or historical research purposes or for statistical purposes in a form that does not allow the identification of the person to whom they relate;
Processing of personal data in a manner ensuring adequate security, including protection against unauthorized or unlawful processing as well as accidental loss, destruction or damage, by means of appropriate technical and organizational measures;
The Administrator processes personal data and Confidential Information in the manner referred to in par. 11 point c) above, in particular by:
Using technical and organizational measures ensuring the protection of processed personal data appropriate to the threats and the category of data under protection, with particular emphasis on threats arising from the processing of personal data belonging to the Special category of personal data;
Allowing the processing of personal data only to persons with appropriate authorization, and in the case of persons processing personal data belonging to the Special category of personal data, persons authorized to process such data and trained in the security of this category of data and the principles of their protection;
Securing personal data, in particular, personal data belonging to the Special category of personal data against disclosure to unauthorized persons, taking away by unauthorized persons, processing in violation of regulations and change, loss, damage or destruction;
Keeping documentation describing the method of processing personal data and the means of protection referred to above;
Ensuring control over what personal data, when and by whom were entered into the collection and to whom they are transferred;
Keeping a record of persons authorized to process personal data;
Processing personal data, in particular personal data belonging to the Special category of personal data, only to the extent necessary to achieve the purpose for which they were provided to the Administrator.
Personal data is processed in the legally justified interest of the Administrator only to the extent and for the time necessary to achieve the purpose, i.e.:
Conducting market research and statistical studies for the needs of the functioning of the Service;
Administration of the Service, improvement of its functionality and raising the quality of provided services;
Contacting Users in matters related to the account, solving problems, resolving disputes, recovering receivables, and undertaking other activities related to the service of the User through available communication channels;
Enforcing compliance with the Regulations of use of the Service and combating fraud and abuse;
Improving the security of personal data processing;
§ 3
Collection of Anonymous Data
The Administrator does not record any private data of Users provided or transmitted in connection with the use of the Service.
During the use of the Service, only technical information is automatically registered, such as the type of internet browser, operating system, the number and dates of User visits, and the history of activity on the Service. The indicated data may be used exclusively for statistical purposes related to the operation of the Service.
Some areas of the Service may use cookies, i.e., text files saved on the user’s device, identifying them in a way necessary to enable some functions of the Service. The indicated files do not collect or process any personal data of Users.
In most known browsers, it is possible to limit or block the use of cookies, however, in some cases, this may result in limited functionality of the pages.
At any time, you can withdraw your consent given to us for each of the purposes of processing your personal data, for which it was granted, by sending an email message to biuro@theproportion.com
At any time, you have the right to access the content of your data and their correction and rectification, and – to the extent resulting from the provisions – to deletion (right to be forgotten), restriction of processing, objection to their processing, you also have the right to request the transfer of your personal data to another administrator. The User may exercise the rights referred to in the preceding sentence by sending the Administrator a request of the appropriate content via an e-mail message to biuro@theproportion.com
You also have the right to lodge a complaint with the supervisory authority competent for personal data processing – the President of the Office for Personal Data Protection.
Questions, comments, or complaints regarding the Privacy Policy, personal data, or any part of the Service should be directed to biuro@thepropotion.com
§ 5
Final Provisions
This Privacy Policy comes into effect on May 1, 2018.
The Administrator may change the Privacy Policy if it is necessary to improve the quality of the Services offered, to adapt its provisions to new or changed functionalities of the Service, and if required by generally applicable legal provisions in this respect. The provisions concerning changes in the Regulations apply accordingly.
In matters not regulated by the Privacy Policy, the provisions of the GDPR and other generally applicable legal provisions in the field of personal data protection applicable in the territory of the Republic of Poland shall apply.
