- General information
The information provided below outlines the processing of your personal data associated with using the website at https://eryfood.com/ (the “Website”). Additionally, this Privacy Policy details the cookies and other similar tracking technologies utilized on the Website.
- Data of the controller and contact with the controller
Your personal data is processed in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons concerning the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (GDPR).
The Administrator, i.e., the entity which determines the purposes and means of processing your personal data, is ERY Food Machinery Sp. z o.o.., address for delivery: 47/10 Domaniewska St., 02-672 Warsaw, NIP number: 5213957204, REGON number: 521316145 (‘Administrator’).
For matters concerning the processing of your personal data, you can contact the Administrator by writing to the e-mail address: sales@eryfood.com or by writing to the postal address indicated above.
III. Objectives and legal bases of the processing
1 Processing of the data of those who contact the Administrator (by writing, email, telephone, contact form, social network messenger)
When you contact the Administrator by writing, email, telephone, contact form or social network messenger, your personal data are received by the Administrator directly from you and are processed for the following purposes and on the following legal bases:
- a) to respond to your enquiries, which is the legitimate interest of the Administrator under Article 6(1)(f) GDPR;
- b) to establish, assert, and defend claims, which is the legitimate interest of the Administrator under Article 6(1)(f) GDPR.
The provision of personal data is necessary for the above purposes, in particular to respond to your request.
Your personal data will be processed for the period necessary to fulfil the above purposes or until you lodge an effective objection to the processing of your personal data
.
- Processing of personal data of customers (natural person)
If you use the services offered by the Administrator, the Administrator receives personal data directly from you and processes them for the following purposes and on the following legal bases:
- a) to conclude a contract with you for the provision of services and its performance – based on Article 6(1)(b) GDPR;
- b) to stay connected with you regarding the provision of services and to deal with possible complaints, which is the Administrator’s legitimate interest under Article 6(1)(f) GDPR;
- c) fulfilment of the Administrator’s legal obligations in the area of taxation and accounting, in particular: issuing an invoice or other accounting evidence, bookkeeping, tax settlements, archiving data for accounting purposes – based on Article 6(1)(c) GDPR concerning the provisions of tax law and the Accounting Act;
- d) establishment, investigation and defence of claims, which constitutes a legitimate interest of the Administrator in accordance with Article 6(1)(f) GDPR .
Providing personal data, as necessary for the Administrator to fulfill its legal obligations, is mandatory and is required by tax regulations and the Accounting Act. Additionally, supplying personal data beyond this is essential to achieve the intended purposes mentioned above.
Personal data shall be stored for the period of performance of the contract and thereafter until the legal obligation to store data ceases (5 years from the end of the fiscal year) and until the expiry of the period of limitation of claims.
- Processing of personal data of Contractors (natural persons carrying out business activities)
If the Administrator enters into a contract with you as a Contractor, it receives personal data directly from you and processes them for the following purposes and on the following legal bases:
- to conclude a contract with you and to perform it – based on Article 6(1)(b) GDPR;
- ongoing contact regarding the performance of the contract and keeping business relations, which constitutes the Administrator’s legitimate interest under Article 6(1)(f) GDPR;
- the fulfilment of the Administrator’s legal obligations in the field of taxation and accounting, in particular: keeping accounts, tax settlements, archiving data for accounting purposes – based on Article 6(1)(c) GDPR in connection with the provisions of the tax law and the Accounting Act;
- the establishment, investigation, and defence of claims, which constitutes the Administrator’s legitimate interest under Article 6(1)(f) GDPR.
The provision of personal data is necessary for the above purposes and, in the case of data processed to fulfil legal obligations, is mandatory and results from the tax and accounting law.
Personal data are stored for the period of contract performance and thereafter until the legal obligation to store data ceases (5 years from the end of the fiscal year) and until the expiry of the limitation period for claims.
- Handling of personal data for representatives (individuals who represent clients or contractors).
If the Administrator’s client or contractor (whether an individual, company or other type of entity) is represented by you or you have been appointed by the Administrator for ongoing contacts in connection with the conclusion and performance of a contract, the Administrator receives your personal data from the client or contractor or directly from you.
The Administrator then processes your identification data (e.g., first names, surnames, name of the company you represent or with which you cooperate, possibly data concerning the authority granted (e.g., date of authority granted, type and scope of authority granted), contact data (e.g. business telephone number, email).
The Administrator processes your personal data for the following purposes and on the following legal bases:
- a) to enter into a contract between the contractor or client and the Administrator and its performance, in particular to verify your authority to enter into the contract on behalf of the contractor or client and to contact you as the contact person concerning the performance of the contract – based on Article 6(1)(f) GDPR, i.e. based on the legitimate interest pursued by both the Administrator and the contractor or client, which is to enable the efficient day-to-day performance of the contract and to enable verification of your authority to enter into the contract on behalf of the contractor or client;
- b) to make tax settlements and keep accounting records – based on Article 6(1)(c) GDPR, i.e. the processing of data is necessary for the fulfilment of legal obligations imposed on the Administrator and resulting from generally applicable laws, including tax law and accounting regulations;
- c) to establish, assert or defend claims between a contractor or customer and the Administrator – based on Article 6(1)(f) GDPR, i.e. the processing is necessary for the purposes arising from the Administrator’s legitimate interests of establishing, asserting or defending claims;
- d) to establish or maintain a business relationship with a contractor or customer, through you, which is the legitimate interest of the Administrator under Article 6(1)(f) GDPR.
If you provide the Administrator with your personal data directly, this is voluntary, but necessary for the execution and performance of the contract and the establishment of the business relationship. Not providing personal data will result in the impossibility of concluding and performing the aforementioned contract as well as to maintain the business relationship.
Your personal data shall be processed for the period necessary for the purposes indicated above, in particular for the period of maintaining the business relationship and the performance of the contract concluded with the Administrator’s contractor or client, and thereafter shall be stored until the statute of limitations for claims or until the expiry of the obligation to store data resulting from the provisions of law (e.g. tax law).
- Processing of personal data in social media
The administrator has a profile on the following social media:
YouTube – https://www.youtube.com/@eryfood
LinkedIn – https://www.linkedin.com/company/12603919/
In connection with the operation of the aforementioned profiles, the Administrator obtains your personal data in connection with your subscription to the Administrator’s fanpages or channels on social media (clicking on the ‘Like’, “Observe”, ‘Subscribe’, etc. icon), your publication of a comment under any of the posts posted on the fanpage or channel, as well as in connection with sending the Administrator a message via a social network. The Administrator processes your personal data in particular to the following extent:
- a) your user ID (which may include your first and last name);
- b) identification details and any other information published on your profile on the relevant social network;
- c) profile photo (through which, in some cases, the Administrator can learn about you);
- d) other photos (which may also depict your image) posted by you voluntarily under the Administrator’s posts;
- e) the content of comments and the content of a conversation conducted with you via the relevant social network;
- f) statistical data on visits to the Administrator’s social media profiles or channels.
Therefore, the Administrator processes your personal data for the following purposes and on the following legal bases:
- a) to maintain a profile in social media, under the terms and conditions defined by the operators of these social networks, and to inform through it about activities, services, product or service promotions, promotion of various events, competitions that the Administrator organises, as well as for building and maintaining the community and for communication through the available social networking functionalities (comments, chat, messages), which constitutes the Administrator’s legitimate interest under Article 6(1)(f) GDPR;
- b) to conduct analyses of the functioning, popularity, use of social media profiles, which is the Administrator’s legitimate interest under Article 6(1)(f) of the GDPR.
Detailed information on activity tracking can be found in the privacy policies of the social media operators. As for the statistics that the Administrator receives from the operators, the Administrator has limited influence over them and can only prevent their transmission to a limited extent. If you are a logged-in/registered user of the respective social network, please verify your privacy settings to match your preferences.
The provision of personal data is voluntary.
In the case of information held by the Administrator as part of comments provided by you, it will be available on the Administrator’s profile until you delete it.
Personal data collected by a given social media site, i.e. history of posts, history of activity and messages sent, will be subject to storage under the terms of the rules of the given social media site.
Statistical data concerning visitors to the Administrator’s social media profiles will be processed for the duration of the availability of such data on the respective social network in accordance with its terms and conditions.
Please note that the controller of your personal data is also the operator of the respective social network which you use and through which you visit the Administrator’s profile.
Please also read the terms and conditions and privacy policy of the respective social network.
Information on the processing of your personal data by the operators can be found here:
YouTube: https://www.youtube.com/intl/ALL_pl/howyoutubeworks/our-commitments/protecting-user-data/
LinkedIn: https://pl.linkedin.com/legal/privacy-policy
- Processing personal data in the context of applying cookies
When using cookies on the Website (as detailed below), the Administrator processes your personal data for analytical, marketing, and other purposes (according to the function of the cookies in question), depending on which cookies you have given your consent to (Article 6(1)(a) GDPR.
Data is stored until you withdraw your consent.
- Processing of data in the context of sending requests to execute rights under the GDPR
Concerning the Administrator’s processing of your personal data, you have certain rights (these are listed below in the Privacy Policy). You may address correspondence to the Administrator regarding the exercise of these rights. As a result, the Administrator processes your identification data, contact data, and other data provided in correspondence with you or any other person who sends a request to the Administrator on your behalf to exercise your rights under the DPA. Where the request is not sent directly by you, but by an attorney or legal representative, the Administrator additionally processes data concerning that attorney or representative, i.e., their identification data, contact data, and data concerning the type of empowerment.
Personal data is processed by the Controller for the following purposes and on the following legal grounds:
- a) to contact and correspond with you on the request you have sent for the exercise of your rights under the RODO, based on Article 6(1)(c) of the GDPR, as the processing of personal data is necessary for the fulfilment of a legal obligation incumbent on the Controller under Article 12(1)-(3) of the GDPR;
(b) to archive the correspondence carried out on the handling of the sent request for the exercise of rights based on the RODO, for evidential purposes and to demonstrate that the Administrator has timely responded to the sent request, which constitutes the Administrator’s legitimate interest under Article 6(1)(f) of the GDPR.
The provision of personal data is necessary to fulfil the submitted request.
Personal data will be processed for the duration of the corresponding and will then be archived for evidential purposes until the expiry of the limitation period for claims.
- Recipients of personal data
Your personal data may be disclosed by the Administrator to other entities if this is necessary for the fulfilment of the purposes of the processing, i.e.:
- to subcontractors, service providers, in particular to entities providing accounting, IT, hosting services;
- to entities authorised to process data based on legal regulations;
- in the event that you publish content on the Administrator’s social media profile, your personal data is also visible to visitors to the Website or social media profiles, and to the operators of these social networks.
- Data transfers outside the EEA
In relation to the Administrator’s social networking profiles, your personal data is processed through a specific social networking site, the servers of which may be located in the USA or another country outside the European Economic Area (EEA). Where personal data is transferred outside the EEA, social network operators are obliged to apply appropriate safeguards, in particular the EU Standard Contractual Clauses. In such cases, you may request a copy of these relevant safeguards. You will find more detailed information in the privacy policies of the individual social networks:
YouTube: https://www.youtube.com/intl/ALL_pl/howyoutubeworks/our-commitments/protecting-user-data/
LinkedIn: https://pl.linkedin.com/legal/privacy-policy
Furthermore, in connection with the Administrator’s use of Google services (Google Analytics), your personal data may also be transferred to a third country, in particular to the USA, on the basis of the appropriate safeguards under the RODO, in particular under the EU Standard Contractual Clauses.
You can read more about the processing of information within Google’s services here: https://policies.google.com/privacy
- Automated decision making
The controller does not make decisions towards you based solely on automated processing, including profiling.
VII. Your rights
You have the following rights about the processing of your personal data by the Administrator:
- to access your personal data (art. 15 GDPR), including obtaining a copy of your data (art. 15(3) GDPR),
- to correct (amend) or complete incomplete personal data (art. 16 GDPR),
- to request the erasure of your personal data in cases provided for by law (art. 17 GDPR),
- to request the restriction of the processing of your personal data (art. 18 GDPR),
- to receive your data in a structured commonly used format and their portability when the processing is carried out based on your consent or contract by automated means (art. 20 GDPR),
- to object against the processing of your personal data when it is processed for the legitimate interest of the Controller, for reasons related to your particular situation (art. 21 GDPR),
- to revoke, at any time, the consents granted, without affecting the lawfulness of the processing that took place based on the consents before their revocation.
The above rights can be executed by contacting the Administrator at the details given in section II. Privacy Policy.
In addition, if you consider that the processing of your personal data violates the provisions of the RODO, you have the right to complain to the supervisory authority, i.e., the President of the Office for Personal Data Protection, based in Warsaw. Details on how to complain can be found on the website: https://uodo.gov.pl/pl/83/155
VIII. Cookies
Cookies are small data packets that are stored locally in the cache memory or on the hard drive of your device from which you access the Website. In addition to cookies, other technologies that collect information about your behaviour on the Website are also used. In the remainder of this document, all of these technologies are collectively referred to as ‘cookies’ for ease of reference.
Depending on your settings on the Website, in addition to the cookies that are technically necessary for the proper functioning of the Website, the Administrator may use cookies for statistical, analytical or advertising purposes.
In accordance with applicable law, it is possible to store cookies on your device if this is necessary for the functioning of the Website (these cookies are described below as necessary). For the use of any other type of tracking technology (in particular analytics or advertising), the Administrator needs your consent.
Strictly necessary cookies do NOT legally require your prior consent. They are automatically installed on your device when you access the Website or make certain choices on the Website. They are necessary for the proper functioning of the Website. These cookies are not deleted once you have finished browsing the Website, but have a limited validity period.
If you give your consent when you first visit the Website or later through the settings panel available at the bottom of the Website (‘Cookie Settings’), the Administrator will also be able to use other cookies to which you have given your consent.
You can change your cookie settings at any time using the settings panel available at the bottom of the Website under the ‘Cookie Settings’ button.
- Changes to the Privacy Policy
The Privacy Policy may be updated if there is a change in legislation that affects the processing of your personal data or the use of cookies, or if the Administrator’s processing of your personal data and the types of cookies used change.