The Privacy Policy has been adopted 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 EU of the European Parliament and of the Council of April 27, 2016. (hereinafter: the "Regulation").

1. ADMINISTRATOR

The administrator of your personal data (within the meaning of the Regulation) is KENT Spólka z ograniczona odpowiedzialnoscia with its registered office in Gdynia, 81-581 Nowodworcowa 23, NIP: 5862163843, REGON: 220178176, registered in the register of entrepreneurs kept by the District Court Gdansk-Pólnoc in Gdansk, VIII Economic Division of the National Court Register under KRS number: 0000249763, with the share capital of PLN 50,000.00 (fifty thousand zlotys);

The Administrator can also be contacted about data protection issues via e-mail address: service@bergs.co

2. GLOSSARY

The following glossary explains the content of the phrases used in this Policy:

1. Privacy Policy - means this document, which is a set of rules related to the protection of personal data of users of the Website and the use of cookies.
2. Internet service - the service operating at: www.bergs.co, through which the Administrator publishes information about its activities, enables the conclusion of distance sales agreements, as well as provides the Newsletter information service and provides other services by electronic means, the scope of which is described in the regulations for the use of the Website;
3. Personal data - information about an identified or identifiable natural person ("data subject"); an identifiable natural person is one who can be identified, directly or indirectly, in particular by means of 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 the natural person;
4. Processing - an operation or set of operations performed on personal data or sets of personal data in an automated or non-automated manner, such as collecting, recording, organizing, structuring, storing, adapting or modifying, retrieving, viewing, using, disclosing by transmission, dissemination or otherwise making available, matching or linking, limiting, deleting or destroying;
5. Personal data profiling - means any form of automated processing of personal data that involves the use of personal data to evaluate certain personal factors of an individual, in particular to analyze or forecast aspects of that individual's performance, economic situation, health, personal preferences, interests, reliability, behavior, location or movement;
6. Cookies or Cookies - means text files that are stored on the device of the person using the web portal. These files are sent by the Website to the user's web browser. Each file has an anonymous identifier and allows you to identify the device in whose memory it was stored for a certain period of time (the time after which the cookie is deleted). Cookies are stored to recognize your device, learn about your preferences, and collect information about your previous activities on the Website.

3. PURPOSES AND LEGAL BASIS FOR DATA PROCESSING

Personal data may be processed by the Administrator on the basis of:

1. user consent (pursuant to Article 6(1)(a) of the Regulation), for the following purposes: marketing of entities cooperating with the Administrator; provision of services by electronic means by the Administrator, including transmission and transfer of data directly related to the provision of services by electronic means; enabling the conclusion and execution of sales contracts through the web portal; direct marketing of products offered through the web portal;
2. the necessity of processing data for the conclusion and performance of contracts or for taking actions prior to the conclusion of contracts (in accordance with Article 6(1)(b) of the Regulation), for the following purposes:to provide the service of sending information electronically (newsletter); to enable access to materials related to the subject matter of the Website; to enable the establishment and operation of an online account on the Website, enabling the conclusion and execution of an agreement for the provision of services electronically with the Administrator; to enable the conclusion and execution of sales agreements through the Website;
3. legitimate interest of the Administrator (pursuant to Article 6(1)(f) of the Regulation), for the following purposes:the use of contact forms provided by the Administrator on the website, where the Administrator's legitimate interest is to take care of the users of the website and provide answers to their questions; the defense against claims or the assertion of claims by the Administrator; the processing 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 execution of the contract.

4. TRANSFER OF PERSONAL DATA

Personal data may be transferred to the processors. Processors process personal data on behalf of the Administrator, based on agreements between them and the Administrator. 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: entities involved in the processes necessary for the performance of the contract, including those providing transportation of goods, payment services, services provided electronically; entities providing us with marketing services, advertising agencies, including Google Ireland Limited for the purpose of displaying ads on Google services and Meta Platforms Ireland Limited for the purpose of displaying ads on Meta services; entities operating or supporting our ICT systems; entities providing us with consulting or auditing services; public authorities or entities performing public tasks.

Personal data will be transferred only to entities located in the United States and within the European Economic Area. All processors with whom the Administrator works are required by law or the provisions of data processing agreements to maintain the highest standards of personal data protection and to implement procedures with which an adequate security standard is associated. If you do not object, we will transfer your personal data (email address or phone number) to:

Google Ireland Limited and Meta Platforms Ireland Limited may transfer your personal data to their group companies, including Google LLC in the case of Google Ireland Limited, and in the case of Meta Platforms Ireland Limited to Meta Platforms Inc in the United States. The legal basis for such transfers is the European Commission's July 10, 2023 decision finding an adequate level of protection for personal data with respect to the EU-US Data Privacy Framework. Based on this decision, personal data may be transferred to U.S. companies that participate in the EU-US Data Privacy Framework program.

5. PERSONAL DATA STORAGE PERIOD

We process personal data for the period required by law, in particular, until the statute of limitations for possible claims or the expiration of the obligation to archive such data, including the obligation to keep accounting or tax documents; or for the period required to fulfill the purpose of their processing (legitimate interest), in particular, until the execution of the contract concluded through the web portal, or until the cancellation of services, in particular, in the case of the newsletter service or the execution of the sales contract; or until its withdrawal of your consent to the processing of personal data, in the case of services provided on the basis of consent, or where personal data is processed for direct marketing purposes, answering ongoing questions, conducting customer satisfaction surveys, creating statistics, supporting payment, credit, insurance services, unless the purpose of processing ceases earlier. The possibility to withdraw consent exists at any time, but withdrawal of consent does not affect the legality of personal data processing and related activities prior to the withdrawal of consent.

In the case of processing of personal data on the basis of legitimate interests, the Administrator will stop processing data upon receipt of an objection to processing. However, in the case of certain services provided through web portals belonging to the Administrator, the withdrawal of consent may result in the inability to provide services, and consequently, the filing of an objection to data processing will be tantamount to the immediate suspension of services.

6. YOUR RIGHTS RELATED TO PERSONAL DATA

“Right of access” - Any person whose personal data is processed has the right to obtain full information regarding the personal data stored by them about him/her, including obtaining a copy of the personal data processed by the Administrator.

“Right to rectification” - Any person whose personal data is processed may request rectification of his/her personal data that he/she believes to be incorrect. Incomplete personal data may also be requested to be completed.

“Right to erasure” - Any person whose personal data is processed may request the erasure of his/her personal data in the following cases, among others: if the data are no longer necessary for the purposes for which they were collected; if the person has withdrawn consent to the processing of the data and there is no other legal basis for the processing; if the person has objected to the processing of the data and there is no legitimate basis for the processing; if the personal data have been processed unlawfully; if the personal data must be erased in order to comply with a legal obligation under the law, including the Regulation.

“Right to data portability” - Any person whose personal data is processed has the right to receive, in a structured, commonly used machine-readable format, personal data concerning you that you have provided to us, if the processing of such data is based on consent or contract and by automated means. A request to send 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 restrict processing” - Any person whose personal data is processed may request that the processing of his/her personal data be restricted in the following cases: you dispute the accuracy of the personal data - for a period of time that allows us to check the accuracy of the data; the processing is unlawful and you object to the deletion of the personal data, requesting instead the restriction of its use; we no longer need the personal data for the purposes of the processing, but you need it to establish, assert or defend your claims; you have lodged an objection under Article 21(1) to the processing - until it is determined whether the legitimate grounds on the part of the controller override the grounds for the objection.

“Right to object to processing” - Any person whose personal data is processed on the basis of a legitimate interest of the Administrator may object at any time to the processing. The objection takes effect from the moment it is received by the Administrator. The filing of an objection may result in the Administrator's inability to use the website and provide services, in which case, the mere filing of an objection to data processing will be tantamount to an immediate suspension of services.

“Right to withdraw consent to processing” - Any person whose personal data is processed has the right to withdraw his or her consent to the processing of personal data at any time. The withdrawal of consent to processing will not affect the lawfulness of processing that was carried out before the withdrawal. The withdrawal of consent may result in the inability to provide services, and consequently, the filing of an objection to data processing will be tantamount to the immediate suspension of services.

“Right to lodge a complaint” - In the event that our actions are deemed to 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 Office for Personal Data Protection, 2 Stawki Street, 00-193 Warsaw, tel. (22) 531-03-00, email: kancelaria@uodo.gov.pl.

7. AUTOMATED DECISION-MAKING AND PROFILING

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

8. COOKIES