Privacy Policy

The privacy policy has been adopted in order to establish clear and transparent rules for the protection of personal data and to provide information on the use of personal data, in accordance with the requirements of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (hereinafter referred to as the "Regulation").

Administrator's details

The controller of your personal data (within the meaning of the Regulation) is KENT Spółka z ograniczoną odpowiedzialnością (Kent Sp. z o.o.) with its registered office in Gdynia, 81-581 ul. Nowodworcowa 23, NIP: 5862163843, REGON: 220178176, entered in the Register of Entrepreneurs kept by the District Court Gdańsk-Północ in Gdańsk, 8th Commercial Division of the National Court Register under KRS number: 0000249763, with share capital of PLN 50,000.00 (fifty thousand zlotys).

For persons who have subscribed to the free "Newsletter" service, the Co-administrator of personal data, limited to email addresses and phone numbers, is DANTE Spółka z ograniczoną odpowiedzialnością (Dante Sp. z o.o.) with its registered office in Gdynia, 81-581 ul. Nowodworcowa 23, NIP: 5931975195, REGON: 191355663, entered in the Register of Entrepreneurs kept by the District Court Gdańsk-Północ in Gdańsk, 8th Commercial Division of the National Court Register under KRS number: 0000181222, with share capital of PLN 200,000.00 (two hundred thousand zlotys).

In matters relating to personal data protection, you can also contact the Administrator via e-mail: service@bergs.co

Glossary

The following glossary explains the terms used in this Policy:

1. "Privacy Policy" - means this document, which is a set of rules related to the protection of personal data of Website users and the use of cookies.
2. “Website” – the website operating at: www.bergs.co, through which the Administrator publishes information about its activities, enables the conclusion of distance sales contracts, provides a Newsletter information service and provides other electronic services, the scope of which is described in the terms and conditions of use of the Website;
3. "Personal data" - information about an identified or identifiable natural person ("data subject"); an identifiable natural person is a person who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person;
4. "Processing" 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, organisation, structuring, storage, adapting or altering, retrieving, consulting, using, disclosing by transmission, dissemination or otherwise making available, aligning or combining, restricting, erasing or destroying;
5. “Profiling of personal data" - means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements;
6. "Cookies" - means text files that are stored on the device of a person using the website. These files are sent by the website to the user's web browser. Each file has an anonymous identifier and allows the device on which it is stored to be identified for a specified period of time (after which the cookie is deleted). Cookies are stored in order to recognise your device, learn about your preferences, and collect information about your previous activities on the website;
7. "Newsletter Service" or "Newsletter" – means a free service consisting in sending information about the activities of the Website and the Administrator's offer, provided by the Administrator and the Co-Administrator via the Website.

Purposes and legal basis for data processing

Personal data may be processed by the Administrator or Co-administrator on the basis of:

1. your consent (in accordance with Article 6(1)(a) of the Regulation), for the following purposes: (1) marketing by entities cooperating with the Administrator and the Co-administrator; (2) provision of electronic services by the Controller, including the transmission and transfer of data directly related to the provision of electronic services; (3) enabling the conclusion and performance of sales contracts via the website; (4) direct marketing of products offered via the website; (5) provision of the free "Newsletter" service by the Joint Controller.
2. the necessity to process data for the conclusion and performance of contracts or to take action prior to its conclusion (in accordance with Article 6(1)(b) of the Regulation), for the following purposes: (1) provision of electronic information transmission services (newsletter); (2) enabling access to materials related to the subject matter of the Website; (3) enabling the creation and operation of an online account on the Website, enabling the conclusion and performance of a contract for the provision of electronic services with the Controller; (4) enabling the conclusion and performance of sales contracts via the website.
3. the Administrator's legitimate interest (in accordance with Article 6(1)(f) of the Regulation), for the following purposes: (1) using the contact forms provided by the Administrator on the Website, where the Administrator's legitimate interest is to care for the users of the Website and to respond to their questions; (2) defence against claims or pursuit of claims by the Administrator; (3) consideration of complaints;

For some services provided by the Administrator, providing personal data is a condition for concluding a contract. Refusal to provide personal data may prevent the conclusion and performance of the contract.

Transfer of personal data

Personal data may be transferred to processors. Processors process personal data on behalf of the Controller or Joint Controller, based on agreements concluded between them and the Controller or Joint Controller. Processing takes place only to the extent necessary to achieve the purposes of processing. Personal data may be transferred to the following categories of entities: (1) entities involved in processes necessary for the performance of the contract, including those providing transport of goods, payment services, and services provided electronically; (2) entities providing marketing services, advertising agencies, including Google Ireland Limited for the purpose of displaying advertisements in Google services and Meta Platforms Ireland Limited for the purpose of displaying advertisements in Meta services; (3) entities operating or supporting ICT systems; (4) entities providing consulting or auditing services; public authorities or entities performing public tasks.

Personal data will only be transferred to entities located in the United States and within the European Economic Area. All processors with whom the Controller and Co-Controller cooperate are required by law or data processing agreements to maintain the highest standards of personal data protection and to implement procedures that ensure an appropriate level of security.

Google Ireland Limited and Meta Platforms Ireland Limited. These entities may transfer your personal data to companies within their group, including Google LLC in the case of Google Ireland Limited, and Meta Platforms Inc in the United States in the case of Meta Platforms Ireland Limited. The legal basis for such data transfers is the European Commission's decision of 10 July 2023, which finds an adequate level of protection for personal data in relation to the EU-US Data Privacy Framework. Based on this decision, personal data may be transferred to US companies participating in the EU-US Data Privacy Framework programme.

Period of storage of personal data

We process personal data: (1) for the period required by law, in particular until the expiry of any claims or the expiry of the obligation to archive such data, including the obligation to store accounting or tax documents; or (2) for the period required to fulfil the purpose of their processing (legitimate interest), in particular until the performance of a contract concluded via the website, or until the resignation from services, in particular with regard to the newsletter service or the performance of a sales contract; (3) until your consent to the processing of personal data is withdrawn, in the case of services provided on the basis of your consent or in the case where personal data is processed for the purposes of direct marketing, responding to current questions, conducting customer satisfaction surveys, compiling statistics, supporting payment, credit and insurance services, insurance services, unless the purpose of processing ceases earlier. Consent may be withdrawn at any time, but withdrawal of consent does not affect the lawfulness of personal data processing and related activities prior to withdrawal of consent.

In the case of personal data processing based on a legitimate interest, the Controller and the Joint Controller will cease to process the data upon receipt of an objection to the processing. However, in the case of certain services provided through the Administrator's websites, withdrawal of consent may result in the inability to provide services and, consequently, an objection to the processing of data will be tantamount to the immediate suspension of services.

Rights related to the processing of personal data

Right of access to data - Every person whose personal data is processed has the right to obtain full information about the personal data stored about them, including receiving a copy of the personal data processed by the Administrator.

Right to rectification -Any person whose personal data is processed may request the rectification of their personal data which they consider to be incorrect. It is also possible to request the completion of incomplete personal data.

Right to erasure -Any person whose personal data is being processed may request the erasure of their personal data in the following cases, among others: (1) if the data is no longer necessary for the purposes for which it was collected; (2) if the person has withdrawn their consent to the processing of the data and there is no other legal basis for the processing; (3) if the person has objected to the processing of the data and there is no legitimate basis for the processing; (4) if the personal data has been processed unlawfully; (5) if the personal data must be erased in order to comply with a legal obligation under the law, including the provisions of the Regulation.

Right to data portability - Any person whose personal data is processed has the right to receive, in a structured, commonly used and machine-readable format, the personal data concerning them that they have provided to us, if the processing of that data is based on consent or a contract and is carried out by automated means. A request to transfer personal data to another controller will only be fulfilled if it is possible to transfer the data in a secure and confidential manner.

Right to restriction of processing - Any person whose personal data is being processed may request that the processing of their personal data be restricted in the following cases: (1) you contest the accuracy of the personal data - for a period enabling us to verify the accuracy of the data, (2) the processing is unlawful and you oppose the erasure of the personal data, requesting instead that its use be restricted, (3) we no longer need the personal data for the purposes of the processing, but it is required by you for the establishment, exercise or defence of legal claims; (4) you have objected to the processing pursuant to Article 21(1) – until it is determined whether the legitimate grounds of the controller override those of the objection.

Right to object to processing - Any person whose personal data is processed on the basis of the Controller's legitimate interest may object to the processing at any time. The objection takes effect upon receipt by the Controller. Raising an objection may result in the inability to use the website and the provision of services by the Controller, in which case the mere raising of an objection to the processing of data will be tantamount to the immediate suspension of the provision of services.

Right to withdraw consent to processing - Any person whose personal data is processed has the right to withdraw their consent to the processing of personal data at any time. Withdrawal of consent to processing will not affect the lawfulness of the processing that took place before its withdrawal. Withdrawal of consent may result in the inability to provide services, and consequently, objection to data processing will result in the immediate suspension of services.

Right to lodge a complaint - If you believe that our actions violate the principles of personal data protection, any person whose personal data is processed has the right to lodge a complaint with the President of the Personal Data Protection Office in Poland, ul. Stawki 2, 00-193 Warsaw, tel. (22) 531-03-00, email: kancelaria@uodo.gov.pl or similar authority in your country.

Automated decision-making and profiling

The controller will perform profiling, i.e. automatically analyse personal data to obtain information about preferences or interests. This processing will not produce legal effects or similarly significantly affect personal data.

Cookies

The operation of the Administrator's websites is based on the use of cookies. The rules related to the use of cookies by the Administrator's website are presented below:

Data collected using cookies

We use cookie technology to collect anonymous statistical data, which is used in particular to optimise the Website, personalise its content, improve the user experience and minimise the intrusiveness of advertisements. Cookies do not contain any data that could be used to identify the user. The only information about the user, which, however, without connection to other data, does not allow for their identification, is the IP address from which the person using the Website connects.

Use of cookies

In order to ensure the proper functioning of the Websites operated by the Administrator, as well as to ensure the highest quality of services provided electronically, we may use cookies. Cookies used by the Website can be divided into the following categories:

1. Cookies necessary for the operation of the Website and the provision of services ("Necessary") - these files enable the use of the Website's functionality. The processing of data contained in these files is based on Article 6 (1) f) of the Regulation (legitimate interest of the Administrator). You may object to such processing of your personal data, but in practice this may prevent you from using our website.
2. Cookies ensuring the performance of the Website ("Performance") - used to improve the functioning of the Website. These files may only be activated with the consent of the person using the Website, expressed by clicking on the appropriate checkbox, which can be withdrawn at any time.
3. Cookies ensuring personalisation of the Website ("Preference Cookies") - these files contain information about the choices made by the person using the Website, enabling the presentation of personalised content. These files may only be activated with the consent of the person using the Website, expressed by clicking on the appropriate checkbox, which can be withdrawn at any time.
4. Cookies ensuring the possibility of analysing the functionality of the Website ("Marketing Cookies") - these files allow us to improve the functioning of the Website and measure the effectiveness of marketing activities without identifying individual users of the Website. Using analytical cookies, the Administrator creates aggregate statistics and analyses that help us understand how the Website is used. These activities allow us to continuously improve the structure and content of the portal so that it meets the needs of current and potential users as much as possible. For this type of cookie, the Administrator may use, among other things, Google Analytics, a web analytics service provided by Google, Inc. ("Google"). Google Analytics uses cookies to help the website analyse how users use it. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. These files may only be activated with the consent of the person using the website, expressed by clicking on the appropriate checkbox, which can be withdrawn at any time.

A detailed list of cookies used is available in the cookie management panel, which allows you to select or restrict all or some cookies.

Storage of cookies

Persistent cookies will be stored on your device for a maximum period of 12 months or until you withdraw your consent. Session cookies remain on the device of the person using the Website until they leave it or turn off the software (web browser).

Cookie management

Consenting to the use of cookies allows you to fully use all the functions of the Website operated by the Administrator and to provide electronic services. Depending on the scope of the restriction

In order to limit the use of cookies, remember to configure your web browsers on different devices belonging to you appropriately. For full information on the configuration of individual web browsers, please refer to the "Help" section of the browser you are using. Below is information on how to change the settings of the most popular web browsers with regard to cookies:

(1) Google Chrome: Menu > Settings > Show advanced settings > Privacy > Content settings > Cookies – select the appropriate option.

(2) Internet Explorer: Menu > Tools > Internet Options > Privacy – select the appropriate option.

(3) Mozilla Firefox: Menu > Options > Privacy > History – select the appropriate option.

(4) Opera: Menu > Preferences > Advanced > Cookies – select the appropriate option.

(5) Safari: Menu > Preferences > Privacy > Cookies – select the appropriate option.

Changes to the Privacy Policy

The Website Administrator may change the current Privacy Policy at any time, informing persons using the services provided via the Website.