Capitalized terms that are not expressly defined in this document shall have the meanings ascribed to them in the GetResponse Terms of Service (”Terms of Service”).
Any personal information provided or acquired by us is controlled primarily by GetResponse Sp. z o.o. (Polish Limited Liability Company), Arkońska 6, A3, 80-387 Gdańsk, Poland (“GetResponse”).
GetResponse undertakes to process the personal information of the Customers, Subscribers, Website’s users and persons who have subscribed to GetResponse’s newsletter in accordance with the provisions of the Polish Act on the Protection of Personal Data (Journal of Laws of 2014, item 1182; “Act”) implemented in line with the Directive 95/46/EC of The European Parliament and of The Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data (Official Journal L 281 , 23/11/1995 P. 0031 – 0050).
When you visit the Website, we receive and may collect two types of information: (1) Website Use Information and cookies, and (2) personal information you knowingly choose to disclose, which is collected on individual basis.
When you click on links on the Website you may leave it. We are not responsible for the privacy practices of other sites, and we encourage you to read their privacy statements.
If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S.-based third party dispute resolution provider (free of charge) at https://feedback-form.truste.com/watchdog/request.
SPECIAL NOTE ABOUT CHILDREN
This Website is not intended for children, especially kids under 13. Children may use this Website only with the direct supervision of their parent.
Customer Data Processing
GetResponse collects personal information from Customers who visit the Website and register with our Service. GetResponse is the data controller with respect to the Customer’s personal data. When the Customer registers with our Service, we require: (i) username, (ii) password, (iii) email address, (iv) first and last name, (v) zip code, (vi) country and (vii) billing information such as billing address and credit card number (ix) tax id number. We may also ask Customers to provide additional personal information such as (i) company name, (ii) title, (iii) education institution and (iv) other company and (v) personal details that the Customer may opt out of by not entering data when asked. We use the Customers' registration information to authenticate users and provide access to the Service. We also use the email addresses used in the registration information to communicate with our Customers. From time to time, GetResponse may contact you via email to notify you of changes to its Service, scheduled maintenance, information about GetResponse and promotional material from GetResponse. The Customer is obliged to update the data provided in the registration form as soon as any change in these data has occurred. We will retain your information for as long as needed to provide you the Service. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
Provision of personal data in connection with your use of the Service is voluntary. Note, however, that the refusal to provide certain data may make it impossible for you to use all or part of the Service functionalities.
Outsourcing of Subscribers Personal Data Processing
GetResponse recognizes the importance of respecting the privacy of Subscribers who decided to entrust their sensitive information with you. We make every effort to safeguard their security. GetResponse will never use the information about the Subscribers you collect within our Service to send any information other than expressly provided by you, nor will we share it with or sell it to anyone else for such use.
Subscribers personal data processing may be outsourced by the Customer to GetResponse only where the Customer is the data controller (within the meaning of Article 7 item 4 of the Act) or where the latter processes such personal data on the basis of Article 31 of the Act.
GetResponse may process Subscribers data within its capacity of data processor as set out in Article 31 of the Act.
Subscribers data processing may be outsourced as regards email address and other Subscriber-related information considered by the Customer necessary to ensure proper provision of the Service.
Further passing of the job of data processing may take place only within the limits, and for the purpose of proper provision, of the Service.
As for the countries from outside of the European Economic Area, GetResponse shall cooperate only with entities from countries which ensure an adequate level of personal data protection.
GetResponse declares that it provides security measures protecting the databases as defined in Articles 36– 39 of the Act, and meets the technical and organizational requirements specified in the provisions of Article 39a of the Act.
GetResponse also ensures the implementation of legal notices in accordance with the relevant regulations.
Erasure of Processed Data
After removal of the Customer’s Account from the Service, GetResponse shall store information related to the Customer and the Subscriber, as well as any statistical data concerning the Account for a period of no less than 60 days (in the case of a free of charge Test Account) or 90 days (in the case of a payable Account). The processing of personal data by GetResponse after the removal may only involve holding of the same, unless performance of other operations on the data has been imposed on GetResponse by applicable regulations or competent authorities.
GetResponse will store personal data in accordance with the clause above solely for the purposes of (i) possible reactivation of the Account pursuant to Clause 9 of the Terms of Service and (ii) performance of its duties as specified in the applicable regulations or as imposed by the competent authorities.
After the periods mentioned above (60 or 90 days respectively), the data will be permanently erased from the Service and their recovery will not be feasible. Subscribers database may be returned to the Customer at its request made within 7 days of erasure of the data from the Service.
Sharing Information Regarding the Customers and Subscribers
We reserve the right to disclose the Customer’s and Subscriber’s personal information as required by law and when we believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, Court order, or legal process served on GetResponse.
In certain situations, GetResponse may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
We use other third parties in a scope necessary to provide the Service, such as a credit card processing company to bill the Customer for goods and services. When you sign up for the Service we will share your information as necessary for the third party to provide the Service.
These third parties are prohibited from using your personal information for promotional purposes.
If GetResponse is involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on the Website of any change in ownership or uses of your personal information, as well as any choices you may have regarding your personal information.
Customer’s GetResponse account information, username, password and profile are password-protected so that you have secure access to entering and editing personal data. It is the Customers’ responsibility to protect the security of their passwords. Access to the Service is protected by a unique username and password that is known to you only. GetResponse has designed internal security processes that encrypt Customer's password to protect it from being divulged or accessed by anyone other than you. Neither GetResponse employees nor any of its contractors can obtain or access your password. Neither GetResponse employees nor any of its contractors will ask you for your password via mail, email, telephone or in any other unsolicited manner.
Website Use Information
Our servers automatically collect site use information, each time you visit the Website.
The Website use information includes, but is not limited to the following: the domain names, operating system in use (e.g. Macintosh, Windows), browser (e.g. Mozilla Firefox, Internet Explorer) and version, the Website which referred you to us, and other similar information. This information may be aggregated to measure the number of visits, average time spent on the Website, pages viewed, time and date of visits, and other similar information. We may use and disclose site use information, for example, to measure the use of the Website, improve the content, explain the utility of the Website and services we provide, and to extend their functionality.
As is true of most Websites, we gather certain information automatically and store it in log files. This information includes browser type, referring/exit pages, operating system, date/time stamp, and clickstream data.
We use this information, which does not identify individual users, to analyze trends, to administer the Website, to track users’ movements around the Website and to gather demographic information about our user base as a whole. We do not link this automatically-collected data to personal information.
Similar to other commercial websites, the technology called "cookies" may be used to provide you with tailored information. A cookie is a small piece of data that a website can send to your browser, which may then be stored on your hard drive, so we can recognize you when you return. You may be able to set your browser to notify you when you receive a cookie. Our cookies collect general information that enhances our ability to serve you and measure the utility of the Website. We do not link the information we store in cookies to any personal information you submit while on the Website.
Information we collect may be used to enhance your use of the Website, and to provide you with the Service, arrange the Website in the most customer friendly way, communicate special offers and featured items, and/or respond to your questions and suggestions.
In the case of an agreement, personal information includes data that identifies you as the specific individual, i.e. your name, email address, phone number, geographical address, and/or company name and company address. This information is used to complete the account application process, Customer's information request, and/or to verify the validity of the request, and to process payment.
We will use this information solely for processing payments for the Service that you ordered.
GetResponse collects only personal information that you choose to provide voluntarily registering to our Service. GetResponse shall advise you which information is mandatory to provide and what you do not have to enclose.
We partner with a third party to either display advertising on our Web site or to manage our advertising on other sites. Our third party partner may use technologies such as cookies to gather information about your activities on this site and other sites in order to provide you advertising based upon your browsing activities and interests. If you wish to not have this information used for the purpose of serving you interest-based ads, you may opt-out by clicking here. Please note this does not opt you out of being served ads. You will continue to receive generic ads.
When you send us an email, we use your email address to thank you for your comment and/or reply to your question, and we will store your communication and our reply for any future correspondence. Beyond our initial reply, we will never use your email address to send you any unsolicited message or information, nor will we share it with or sell it to anyone else for such use.
When you accept to receive information about our services, promotions, newsletters, press releases, and/or new offers, we use your email address and any other information you give us to provide you with the information or other services, until you ask us to stop (using the 'unsubscribe' instructions provided with each email communication).
When you request information or other services from us, we use your email address and any other information you give us to provide you with the information or other services that you requested, until you ask us to stop (using the 'unsubscribe' instructions provided with each email, and/or on the site where you signed up, and/or as we otherwise provide), or until the information or service is no longer available.
We will never use your email address or other information to provide you with any unsolicited messages or information (unless that is part of the service you are requesting), nor will we share it with or sell, rent or lease it to any third party for such use.
We believe that keeping personal information secure is one of our most significant responsibilities.
We restrict access to personal information about you to those employees and others who need to know that information to assist us in our business, or to provide products or services to you. We safeguard personal information, according to the established security standards and procedures, by maintaining physical, electronic, and procedural safeguards to the personal data information.
When we request Customers to enter sensitive information, such as credit card number, it is encrypted and protected with the best encryption software in the industry SSL and processed through a reputable payment processor. While on the secure page, such as our order form, the lock icon at the bottom of web browsers, e.g. Mozilla Firefox or Microsoft Internet Explorer, becomes locked, as opposed to unlocked or open, when you are just 'surfing'.
All of our Customers' information, not just the sensitive information mentioned above, is restricted in our offices. Only employees who need the information to perform a specific job (e.g. our billing clerk or a customer service representative) are personally granted access to sensitive information.
GetResponse stores its servers in a highly secure server environment, with surveillance and support to prevent unauthorized access and data security.
We cannot guarantee the security of your data while it is being transmitted over the Internet and through servers that are out of our control. We strive to protect your personal information but GetResponse cannot ensure or warrant the security of any information you transmit to the Website or Services. Any data transmissions you make over the Internet are done so at your own risk. Once we receive the data transmission, we make our best efforts to ensure its security and privacy on our systems.
Our blog is managed by a third party application that may require you to register to post a comment. We do not have access or control of the information posted to the blog. You will need to contact or login into the third party application if you want your personal information that was posted to the comments section removed. To learn how the third party application uses your information, please review their privacy statement.
Facebook Connect or other OpenID provider
You can log in to the Website using sign-in services such as Facebook Connect or an Open ID provider. These services will authenticate your identity and provide you the option to share certain personal information with us such as your name and email address to pre-populate our sign up form. Services like Facebook Connect give you the option to post information about your activities on the Website to your profile page to share with others within your network.
Social Media Widgets
From time-to-time we may provide you the opportunity to participate in contests on the Website. If you participate, we will request certain personal information from you. Participation in these contests is completely voluntary and you therefore have a choice whether or not to disclose this information. The requested information typically includes contact information (such as name and shipping address), and demographic information (such as zip code). We use this information to be able to send the prize to the winner of the contest.
We post customer testimonials/reviews on the Website which may contain personal information. We do obtain the customer's consent via email prior to posting the testimonial/review to post their name along with their testimonial/review. If you wish to update or delete your testimonial, you can contact us using our feedback form.
View, Change or Remove Information
Upon request GetResponse will provide you with information about whether we hold any of your personal information. You may change or delete your profile information at any time by going to your profile page and clicking 'My Account' option from the menu, then the information will be updated. Please contact us using our feedback form if you need assistance in updating or reviewing your information. GetResponse will respond to you to review the information within 20 days.
If, however, we make material changes or GetResponse is going to use users' personal information in a manner different from that stated at the time of collection we will notify users via the Website prior to the change becoming effective. Users will have a choice as to whether or not we use their information in this different manner. However, if users have opted out of all communication with the Website, or deleted their account, then they will not be contacted, nor will their personal information be used in this new manner.
Information posted by users in online blog updates, public forums, online bulletin boards may be displayed on the Website.
"Us", "we", "our" and "GetResponse" mean the same.
"You" and "Customer" mean the same.
"Effective Date": 03/03/2017