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Privacy policy and cookies

 

If you have ended up here, it is a reliable sign that you value your privacy.

We understand this very well, which is why we are putting a document in your hands, in which you will find in one place the rules for the processing of personal data and the use of cookies and other similar technologies in connection with the operation of the website https://pinklemoncreative.com/ and the social media profiles associated with it.

We process your personal data primarily for purposes related to your use of our website, such as maintaining your user account, processing orders, dealing with complaints and withdrawals, fulfilling legal and tax obligations, claims matters, analysis, statistics, marketing, etc.

We process your personal data for the period of time necessary to fulfil the particular purpose.

You have the right to access, rectify, erase or restrict processing of your personal data, to object to processing, and the right to data portability. In addition, you can lodge a complaint with the President of the Data Protection Authority.

Please refer to the following section of the Privacy Policy for detailed information on how we process your personal data. If you have any concerns about the Privacy Policy, you can contact us at any time by sending an email to hello@pinklemoncreative.com.

§1 Who is the controller of personal data?

The administrator of your personal data is Krzysztof Wagner, doing business under the name PINK LEMON Krzysztof Wagner, 233A/3 Wal Miedzeszyński St., 04-866 Warsaw, NIP: 5671157754. Wherever in this Privacy Policy we use expressions such as "we", "our" etc., we mean the entity indicated.

Purpose of processing	Discussion of the purpose of processing	Legal basis
Contact and correspondence handling	When you contact us via the available means of communication, e.g. email, social messaging, you naturally provide your personal data contained in the content of the correspondence.  The provision of data is a condition of contact.  In addition, the communication system records your IP number, which you used when sending the message.  The data are processed for the purpose of the communication, which is our legitimate interest. Once the communication has ended, the data is archived for the possible establishment, assertion or defence of claims related to the communication.	Article 6(1)(f) RODO
Creation of an archive	We may create archives for the purposes of our business: both in traditional and digital form. The archives include personal data that we have processed in connection with you, and the extent of this may vary depending on what data has come to us and the extent of the data justified in terms of archiving. In this case, we rely on our legitimate interest in organising and structuring the personal data carriers.	Article 6(1)(f) RODO
Defence, establishment or enforcement of claims	The use of our website, as well as the conclusion of a contract with us, may give rise to certain claims on our side or yours in the future. Accordingly, we are entitled to process personal data for the purpose of defending, establishing or asserting claims. As part of this purpose, we may process any personal data that is related to the claim in question, so the extent of the processing may vary depending on what the claim relates to. In this case, we rely on our legitimate interest to protect our interests in this regard.	Article 6(1)(f) RODO
Creation of ad groups	Your e-mail address stored in our database can be sent to a specific advertising system (e.g. Facebook Ads) in order to create a group of recipients for advertisements using this e-mail address. When using this function, the e-mail address is hashed before it is sent to the respective system to create an audience.  The email address will be used in the matching process conducted by the respective advertising system.  The advertising system does not share the e-mail address with third parties or other advertisers and deletes the e-mail address immediately after the matching process is completed.  The advertising system implements processes and procedures to ensure the confidentiality and security of the e-mail address sent to it and of the set of user identifiers forming the audience created using the e-mail address, including through the use of technical and physical safeguards.  The creation of an advertising audience using your e-mail address constitutes our legitimate interest, which in this case is the fulfilment of our marketing objectives.	Article 6(1)(f) RODO
Social media handling	If you follow our social media profiles or interact with content that we publish on social media, we naturally see your data that is publicly available in your social media profile. We process this data only within the respective social network and only for the purpose of operating the respective social network, which is our legitimate interest.  If you contact us via private message, you naturally provide us with your personal data contained in the content of the correspondence, in particular your image and your name. Your data is processed in this case for the purpose of contacting you, and the basis for processing is our legitimate interest.  It may be the case that we are the party initiating contact with you via social media in order to offer cooperation, in which case your data will be processed for the purpose of seeking potential contractors, offering and establishing cooperation, which is our legitimate interest.  Messages sent to us via social media are subject to automatic archiving via the tools available within the individual social networks and are available to us until you delete them. You have access to all messages exchanged with us in the private messages tab.  Your use of social media sites is subject to the rules and privacy policies of the administrators of these sites, and these administrators provide electronic services to you, fully independently and autonomously of us.	Article 6(1)(f) RODO
Analysis and statistics	We carry out analytical and statistical activities using tools provided by external providers. As part of the analytics tools, we only have access to Anonymous Information. We base the processing of this information on our legitimate interest, which is to create, view and analyse statistics related to user activity on the website in order to draw conclusions for the subsequent optimisation of our activities.  From the tools, we only have access to a set of statistics and information not attributed to specific individuals.  For details on the tools of external providers, please see the section on the tools we use.	Article 6(1)(f) RODO
Own marketing	We carry out marketing activities using tools provided by external providers. Within the marketing tools, we only have access to Anonymous Information. We base the processing of this information on our legitimate interest in carrying out marketing activities, including targeting advertisements within external systems for the marketing of our own products and services. From the tools, we only have access to a set of statistics and information not attributed to specific individuals.  For details on the tools of external providers, please see the section on the tools we use.	Article 6(1)(f) RODO
Provision of additional functions using only Anonymous Information	We may embed video or audio players, social widgets, a comments module or other tools provided by third parties on our pages. All of these tools process Anonymous Information. We base the processing of Anonymous Information on our legitimate interest, which in this case is to provide you with additional features on the website. I do not have access to other information from the tools, nor do we need this information for anything - Anonymous Information is only processed so that additional functions can operate. For details on the tools of external providers, please see the section on the tools we use.	Article 6(1)(f) RODO
Implementation of data protection obligations	As a data controller, we are obliged to comply with data protection obligations. Accordingly, we may process your personal data insofar as this is necessary to comply with these obligations (e.g. when processing your request for your personal data). The extent of the data depends on what data we need to fulfil the obligation and prove compliance with the DPA. In addition, in this case we also rely on our legitimate interest in securing the data necessary to demonstrate accountability.	Article 6(1)(c) of the RODO in conjunction with other relevant provisions of the RODO, Article 6(1)(f) of the RODO
Implementation of obligations under the Digital Services Act (DSA)	As an intermediary service provider, we are obliged to fulfil our obligations under the Digital Services Act (DSA), such as receiving and dealing with reports regarding User Content, receiving and dealing with appeals regarding decisions made by us in relation to User Content, providing certain information about you upon receipt of a warrant issued by authorised institutions or authorities, and notifying law enforcement or judicial authorities of a suspected offence endangering the life or safety of a person or persons in connection with the use of the service. For these purposes, we process personal data to the extent that is necessary to comply with our obligations under the law.	Article 6(1)(c) RODO in conjunction with the relevant DSA regulations
Storage of User Content	When transmitting User Content (as defined in our terms and conditions), e.g. a comment or an opinion, you must provide the personal data necessary for this purpose.  The provision of data is a condition for the transmission of User Content.  In addition, our ICT system records your IP number that you used when transmitting User Content.  The ICT system handling the User Content may be operated by an external provider. If so, your use of the system is subject to the terms and conditions and privacy policy of the third-party provider. For details of the tools of external providers, please see the section on the tools we use.  The data is processed for the purpose of publishing User Content on the site or storing it in the ICT system associated with the site, which constitutes the performance of the service provided to you electronically in accordance with our terms and conditions. If you submit User Content with the intention of publishing it on the service, the User Content you submit, together with the accompanying personal data, is publicly available on the service. You may modify or delete the submitted User Content at any time. The deleted User Content, together with your personal data, shall be archived for the purpose of possibly establishing, asserting or defending claims related to the Digital Content and demonstrating accountability.	Article 6(1)(b) RODO

 

With regard to the social media profiles associated with our website, in accordance with the case law of the Court of Justice of the European Union, we are co-controllers of personal data together with the provider of the social media site on which the profile operates.

Details of the processing of personal data by the various social media providers we use can be found here:

• Facebook
• Instagram
• YouTube

 

§2 Who can you contact about the processing of your personal data?

As part of the implementation of a data protection system in our organisation, we have decided not to appoint a Data Protection Officer due to the fact that it is not mandatory in our situation. You can contact us on matters relating to data protection and privacy more broadly at: hello@pinklemoncreative.com. With regard to social media, you can additionally contact directly the administrators of the social networks on which we maintain our profiles.

§3 For what purposes do we process personal data?

There are more than one of these objectives. Below is a list of them, together with a more detailed discussion. The respective legal bases for processing have also been assigned to the various purposes:

§4 What information do we have about you?

Within the framework of each of the purposes described above, we may process a different range of data - such as is necessary for a specific purpose. Among the data are information such as:

• Name,
• e-mail address,
• IP address,
• image,
• data collected in the mailing system,
• information visible on social media profiles,
• information contained in correspondence,
• information contained in or accompanying User Content,
• Anonymous Information.

 

§5 What is 'Anonymous Information'?

We use tools that collect a range of information about you related to your use of our website. This includes, in particular, the following information:

• information about the operating system and web browser,
• subpages viewed,
• time spent on the site,
• transitions between individual sub-pages,
• clicks on individual links,
• the source from which you go to the site,
• the age range you are in,
• Your gender,
• Your approximate location limited to the village.
• Your interests or other preferences as determined by your online activity.

This information is referred to in this Privacy Policy as "Anonymous Information".

Anonymous Information in itself does not, in our view, have the character of personal data, as it does not allow us to identify you and we do not collate it with the typical personal data we collect about you. Nevertheless, given the strict jurisprudence of the Court of Justice of the European Union and the divided opinions among lawyers, as a precaution, in case Anonymous Information is attributed the character of personal data, we have also included detailed explanations in the Privacy Policy regarding the processing of this information.

We are not able to provide you with access to Anonymous Information about you, as we are not able to attribute any of the Anonymous Information to any specific user. From the Anonymous Information collection tools, we only have access to a set of statistics and information that is not attributed to specific individuals.

The processing of Anonymous Information allows us to provide you with the functionality available on the website. In addition, Anonymous Information is used for analytical and statistical purposes as well as for marketing purposes, such as setting and targeting advertisements.

Anonymous information is also processed by tool providers under the terms of their terms of service and privacy policies. It may be used by these providers to provide, improve and manage services, develop new services, measure the effectiveness of advertisements, protect against fraud and abuse, and personalise the content and advertisements displayed on individual services, websites and applications. Please see the section on the tools we use for more detailed information related to this.

§6 Where do we get our information about you?

In most cases, you provide them to us yourself. For example, this is the case when you contact us and use the functionalities available on our website or on external services (e.g. social networks).

In addition, some information about you may be automatically collected by tools we use. Please refer to the appendix of the Privacy Policy for details on external tools.

§7 Is the data safe?

We care about the security of your personal data. We analyse the risks involved in the various processes of processing your data and then implement appropriate security and personal data protection measures. We monitor the state of the technical infrastructure on an ongoing basis, train our staff, look at the procedures in place and make the necessary improvements.

§8 How long will we keep personal data?

We process your personal data for as long as it is justified within the framework of a given purpose for processing your personal data, and therefore processing periods vary depending on the purpose. Please note that the termination of processing of your data for one purpose does not necessarily lead to the complete erasure or destruction of your personal data, as the same set of data may be processed for another purpose for the period of time indicated for that purpose. Complete erasure or destruction of data occurs when we have completed all purposes and in other cases indicated in the RODO.

Storage periods are indicated in the table below.

 

§9 Who are the recipients of personal data?

We would venture to say that modern business cannot do without services provided by third parties. We also make use of such services. Some of these services involve the processing of your personal data. The third-party service providers that are involved in the processing of your personal data are indicated in the table below.

 

If the need arises, your data may be shared with a legal advisor or lawyer bound by professional secrecy. The need may arise from a legal need requiring access to your personal data.

Your personal data may also be forwarded to the tax authorities to the extent necessary for the fulfilment of tax and accounting obligations. This includes, in particular, all declarations, reports, statements and other accounting documents containing your personal data.

In addition, if necessary, your personal data may be made available to entities, authorities or institutions entitled to access the data under the law, such as police, security services, courts, public prosecutors' offices.

When it comes to Anonymous Information, the providers of the tools that collect Anonymous Information have access to it. The providers of these tools are their own controllers of the data collected in them and may share this data under the terms of their own rules and privacy policies, which are beyond our control. A list of third-party tools can be found in the appendix to the Privacy Policy.

§10 Do we transfer data to third countries or international organisations?

Yes, part of the processing of your personal data may involve transfers to third countries.

We transfer your personal data to third countries in connection with the use of tools using resources located in third countries, in particular in the USA. The providers of these tools guarantee an adequate level of personal data protection through the relevant compliance mechanisms provided for by the RODO, in particular through the use of standard contractual clauses.

Currently, your personal data is transferred to third countries in connection with our use of the following solutions:

 

In addition, Anonymous Information collected in connection with the use of the tools indicated in the annex to this privacy policy may be transferred to third countries, in particular the USA.

§11 Do we use profiling?

We do not make decisions to you based solely on automated processing, including profiling, that would produce legal effects on you or similarly materially affect you. Yes, we do use tools where we may take certain actions depending on the information collected through tracking mechanisms, but we consider that these actions do not materially affect you as they do not differentiate your situation as a customer, do not affect the terms of a contract you may enter into, etc.

Using certain tools, we can, for example, target you with personalised advertising based on your previous activities on the website or suggest products that may be of interest to you. This is known as behavioural advertising. We encourage you to learn more about behavioural advertising, particularly with regard to privacy issues. You will find detailed information, including the possibility of managing your settings with regard to behavioural advertising, here.

§12 What rights do you have?

The RODO grants you the following potential rights in relation to the processing of your personal data:

• The right to access your data and to receive a copy of it;
• The right to rectification (amendment) of your data;
• The right to erasure (if in your opinion there are no grounds for us to process your data, you can request that we erase it);
• The right to restrict processing (you can request that we restrict processing to only storing your data or carrying out activities agreed with you if, in your opinion, we have inaccurate data or are processing it unduly);
• The right to object to processing (you have the right to object to processing on the basis of a legitimate interest; you should indicate the particular situation which you believe justifies the cessation of processing covered by the objection; we will stop processing your data for these purposes unless we demonstrate that the grounds for processing override your rights or that your data are necessary for the establishment, exercise or defence of claims);
• The right to data portability (you have the right to receive in a structured, commonly used machine-readable format the personal data you have provided under the contract or your consent; you can have this data sent directly to another entity);
• The right to withdraw your consent to the processing of your personal data if you have previously given such consent;
• the right to lodge a complaint with a supervisory authority (if you find that we are processing your data unlawfully, you may lodge a complaint to the President of the Office for Personal Data Protection or any other competent supervisory authority).

 

The rules related to the exercise of the rights indicated above are described in detail in Articles 16-21 of the DPA. We encourage you to familiarise yourself with these provisions. For our part, we consider it necessary to explain to you that the rights indicated above are not absolute and you will not be entitled to them in relation to all processing activities of your personal data.

We emphasise that one of the rights indicated above is always available to you: if you consider that we have violated data protection regulations in the processing of your personal data, you have the possibility to lodge a complaint with a supervisory authority (the President of the Office for Personal Data Protection).

§13 Do we use cookies or other similar technologies and what does this involve?

Our website, like almost all other websites, uses cookies and other similar technologies, such as tracking codes or pixels, conversion APIs, etc.  

The use of cookies or other similar technologies collects certain information, which is then used for a variety of purposes, ranging from ensuring the proper functioning of the various functions of the website, to analysing user behaviour on the site, to targeting targeted advertising.

If you would like to find out more about cookies and other similar technologies, you can read, for example, these materials:

• clarification on cookies,
• clarification on tracking pixels,
• clarification on the conversion API.

 

§14 On what basis do we use cookies or other similar technologies?

We use cookies or other similar technologies on the basis of your consent, except where cookies or other similar technologies are necessary for the proper provision of services to you.

Cookies or other similar technologies that are not necessary for the proper provision of our services remain blocked until you have given your consent to their use. During your first visit to our website, you are shown a message asking for your consent together with the option to manage cookies or other similar technologies, i.e. to decide which cookies or other similar technologies you agree to and which you wish to block.

§15 Can you disable cookies or other similar technologies?

Yes, you can manage the settings for cookies or other similar technologies within your web browser. You can block all or selected cookies or other similar technologies. You can also delete previously saved cookies and other website and plug-in data at any time.

Web browsers also offer the possibility to use incognito mode. You can use this if you do not want information about pages visited and files downloaded to be saved in your browsing and download history. Cookies created in incognito mode are deleted when you close all windows in this mode.

Browser plug-ins are also available to control cookies or similar technologies, such as. Ghostery. The option to control cookies or similar technologies may also be provided by additional software, in particular anti-virus packages, etc.

In addition, there are tools available on the internet to control certain types of cookies or other technologies, in particular to collectively manage behavioural advertising settings.

We also give you the ability to control cookies or other similar technologies directly from our website. We have implemented a special privacy mechanism that allows you to block those cookies or other technologies that you do not wish. Please note that disabling or restricting cookies or other technologies may prevent you from using some of the features available on our sites and may cause difficulties in using the site, as well as many other websites that use cookies or other similar technologies. For example, if you block cookies or technologies related to social media plug-ins, buttons, widgets, social features implemented on our sites may not be available to you.

§16 For what purposes do we use cookies or other similar technologies?

Cookies or other similar technologies are used to ensure the correct functioning of the various mechanisms of our websites, such as the correct transmission of the form seen on the pages, the embedding of video or audio players, the operation of the comment system, social plug-ins, etc.

In addition, cookies or other similar technologies are used for statistical, analytical and marketing purposes.

The cookies also store information about the cookie settings you have defined from the privacy mechanism operating within our website.

Some of the cookies or other similar technologies are associated with external tools that we use, and the providers of these tools may access information collected through these cookies or other similar technologies. Details of the third-party tools can be found in the appendix to the Privacy Policy.

§17 What external tools do we use?

A list of tools that require the use of cookies or other similar technologies and a detailed description of these tools can be found in the annex to the Privacy Policy.

§18 Do we track your behaviour undertaken on the site?

Yes, we use external tools that involve collecting information about your activities on our websites. These tools are described in detail in the appendix to the Privacy Policy.

§19 Are we targeting you with targeted advertising?

Yes, we use third-party tools whereby we can target advertisements to specific target groups defined on the basis of various criteria such as age, gender, interests, profession, job, activities previously undertaken on our websites. These tools are described in detail in the appendix to this Privacy Policy.

§20 How can you manage your privacy?

The answer to this question can be found in many places in this Privacy Policy when describing individual tools, behavioural advertising, etc. Nevertheless, we have once again gathered this information in one place for your convenience. Below you will find a list of options for managing your privacy.

• privacy settings within your web browser;
• browser plug-ins to support privacy management, e.g. Ghostery;
• additional privacy management software;
• incognito mode in the web browser;
• behavioural advertising settings, e.g. youronlinechoices.com;
• privacy mechanism accessible from our website;
• privacy settings within individual social networks.

 

§21 Is there anything else you should know?

As you can see, the topics of personal data processing, the use of cookies and the management of privacy in general are quite complex. We have done our best to ensure that this document provides you with as much knowledge as possible on the issues that are important to you. If anything is unclear to you, you would like to find out more or simply discuss your privacy, please email us at hello@pinklemoncreative.com.

§22 Is this Privacy Policy subject to change?

Yes, we may modify this Privacy Policy, in particular due to technological changes and changes in legislation. If you have a user account or subscribe to a newsletter, you will receive a message about any changes to the Privacy Policy. All archived versions of the Privacy Policy are linked below.

Privacy policy valid until 21.02.2024.

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