Privacy Policy

This Privacy Policy sets out the rules for storing and accessing data on Users’ Devices who use the Service for the purpose of providing electronic services by the Controller, and the rules for collecting and processing Users’ personal data provided by them personally and voluntarily via the tools available in the Service.

This Privacy Policy is an integral part of the Terms of Service , which defines the rules, rights and obligations of Users using the Service.

§1 Definitions

• Service – the “Instant Room” website operating at https://instantroom.pl
• External service – websites of partners, providers or service recipients cooperating with the Controller
• Service/Data Controller – the Service Controller and the Data Controller (hereinafter: Controller) is the natural person “Jakub Asztemborski”, residing in Wrocław, providing electronic services via the Service
• User – a natural person for whom the Controller provides electronic services via the Service.
• Device – an electronic device along with software through which the User gains access to the Service
• Cookies – text data collected in files placed on the User’s Device
• GDPR – Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation)
• Personal data – means any information relating to an identified or identifiable natural person (“data subject”); an identifiable natural person is one 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 to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person
• 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, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction
• Restriction of processing – means the marking of stored personal data with the aim of limiting their processing in the future
• Profiling – 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
• Consent – the data subject’s consent means any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her
• Personal data breach – means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data transmitted, stored or otherwise processed
• Pseudonymisation – means the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person
• Anonymisation – anonymisation of data is an irreversible process of operations on data that destroys/overwrites “personal data”, preventing identification of or association of a given record with a specific user or natural person.

§2 Data Protection Officer

Based on Article 37 of the GDPR, the Controller has not appointed a Data Protection Officer.

For matters related to data processing, including personal data, please contact the Controller directly.

§3 Types of Cookies

• Internal cookies – files placed and read from the User’s Device by the Service’s ICT system
• External cookies – files placed and read from the User’s Device by ICT systems of External services. Scripts of External services that may place cookies on Users’ Devices have been deliberately placed in the Service through scripts and services provided and installed in the Service
• Session cookies – files placed and read from the User’s Device by the Service during a single session of a given Device. After the session ends, the files are deleted from the User’s Device.
• Persistent cookies – files placed and read from the User’s Device by the Service until they are manually deleted. Files are not automatically deleted after the end of the Device session unless the User’s Device is configured to delete cookies after the session.

§4 Data storage security

• Mechanisms for storing and reading cookies – The mechanisms for storing, reading and exchanging data between Cookies saved on the User’s Device and the Service are carried out through built-in mechanisms of web browsers and do not allow the retrieval of other data from the User’s Device or data from other websites visited by the User, including personal data or confidential information. Transferring viruses, trojans and other malware to the User’s Device is also practically impossible.
• Internal cookies – the cookies used by the Controller are safe for Users’ Devices and do not contain scripts, content or information that could threaten the security of personal data or the security of the Device used by the User.
• External cookies – the Controller makes every possible effort to verify and select service partners in the context of Users’ security. The Controller selects well-known, large partners with global public trust. However, the Controller does not have full control over the content of cookies from external partners. To the extent permitted by law, the Controller is not responsible for the security of cookies, their content and their use in accordance with the license by scripts installed in the Service and originating from External services. The list of partners is included later in this Privacy Policy.
• Cookie control
  • Users can change settings regarding saving, deleting and accessing data of saved cookies for any website at any time
  • Information on how to disable cookies in the most popular desktop browsers is available at: how to disable cookies (nety.pl/jak-wylaczyc-pliki-cookie/) or from one of the indicated providers

    • Managing cookies in

      Chrome (support.google.com/accounts/answer/61416?co=GENIE.Platform%3DDesktop&hl=pl)

    • Managing cookies in

      Opera (help.opera.com/pl/latest/web-preferences/)

    • Managing cookies in

      FireFox (support.mozilla.org/pl/kb/blokowanie-ciasteczek)

    • Managing cookies in

      Edge (support.microsoft.com/pl-pl/help/4027947/microsoft-edge-delete-cookies)

    • Managing cookies in

      Safari (support.apple.com/pl-pl/guide/safari/sfri11471/mac)

    • Managing cookies in

      Internet Explorer 11 (windows.microsoft.com/pl-pl/internet-explorer/delete-manage-cookies#ie=ie-11)
  • Users can delete all cookies saved so far at any time using the tools of the User’s Device through which the User uses the Service.
• Risks on the User’s side – The Controller applies all possible technical measures to ensure the security of data placed in cookies. Note, however, that ensuring the security of this data depends on both parties, including the User’s actions. The Controller is not responsible for the interception of this data, impersonation of the User’s session or its deletion as a result of the User’s conscious or unconscious actions, viruses, trojans and other spyware with which the User’s Device may be or may have been infected. Users should follow recommendations for safe use of the Internet. The security of your personal data is important to us; however, no method of transmission over the Internet, or method of electronic storage, is 100% secure. While we strive to use measures to protect your personal data, we cannot guarantee its absolute security. (https://nety.pl/cyberbezpieczenstwo/zasady-ogolne-korzystania-z-sieci-internet/)
• Storage of personal data – The Controller ensures that every effort is made to keep the personal data voluntarily entered by Users secure, that access to them is limited and carried out in accordance with their intended use and processing purposes. The Controller also ensures that all efforts are made to secure the data held against loss by applying appropriate physical and organisational safeguards.
• Password storage – The Controller declares that passwords are stored in encrypted form, using the latest standards and guidelines in this regard. Decryption of passwords provided in the Service is practically impossible.

§5 Purposes for which Cookies are used

• Improving and facilitating access to the Service
• Personalisation of the Service for Users
• Enabling login to the Service
• Marketing, Remarketing on external services
• Ad serving services
• Affiliate services
• Keeping statistics (users, number of visits, types of devices, connection, etc.)
• Serving multimedia services
• Providing social networking services

§6 Purposes of processing personal data

Personal data voluntarily provided by Users are processed for one of the following purposes:

• Provision of electronic services:
  • Registration and maintenance of a User account in the Service and related functionality
  • Newsletter service (including sending advertising content with consent)
  • Commenting/liking posts in the Service without the need to register
  • Sharing information about content placed in the Service on social networks or other websites
• Communication by the Controller with Users on matters related to the Service and data protection
• Ensuring the Controller’s legitimate interests

Data about Users collected anonymously and automatically are processed for one of the following purposes:

• Keeping statistics
• Remarketing
• Serving advertisements tailored to Users’ preferences
• Support for affiliate programmes
• Ensuring the Controller’s legitimate interests

The Controller may process contact data of persons representing companies, obtained from publicly available sources (e.g., websites, industry portals), for the purpose of establishing professional contact and providing information about the Controller’s services.
The legal basis for processing is Article 6(1)(f) GDPR – the Controller’s legitimate interest consisting in the marketing of its own services towards persons acting professionally on behalf of organisations.
The recipient has the right to object to the processing of their data at any time by contacting the Controller or by clicking the appropriate link in the received message.

§7 Cookies of External services

The Controller uses JavaScript scripts and web components of partners in the Service, who may place their own cookies on the User’s Device. Remember that in your browser settings you can decide which cookies may be used by individual websites. Below is a list of partners or their services implemented in the Service that may place cookies:

• Multimedia services:
  • YouTube (youtube.com/t/terms)
• Social/combined services: (Registration, Login, content sharing, communication, etc.)
  • Twitter (twitter.com/en/tos?wcmmode=disabled#intlTerms)
  • Facebook (facebook.com/legal/terms)
  • LinkedIn (linkedin.com/legal/user-agreement)
• Newsletter services:
  • Freshmail (freshmail.pl/polityka-prywatnosci/)
  • MailChimp (mailchimp.com/legal/privacy/)
• Ad serving and affiliate networks:
  • Google Adsense (policies.google.com/privacy?hl=pl)
  • MyLead (mylead.global/pl/polityka-prywatnosci)
• Statistics:
  • Google Analytics (policies.google.com/privacy?hl=pl)
  • SEMrush (semrush.com/company/legal/privacy-policy/)
  • WordPress Stats (Automattic Inc.) (automattic.com/privacy/)
  • Facebook Analytics for Apps (facebook.com/privacy/explanation)
• Other services:
  • Google Maps (google.com/intl/en_be/help/terms_maps/)

Services provided by third parties are beyond the Controller’s control. These entities may change their terms of service, privacy policies, purposes of data processing and methods of using cookies at any time.

§8 Types of data collected

The Service collects data about Users. Some data are collected automatically and anonymously, and some are personal data voluntarily provided by Users when signing up for specific services offered by the Service.

• IP address
• Browser type
• Screen resolution
• Approximate location
• Opened subpages of the service
• Time spent on the relevant subpage of the service
• Type of operating system
• Address of the previous subpage
• Referrer address
• Browser language
• Internet connection speed
• Internet service provider
• Demographic data (age, gender)

• First name / last name / nickname
• Login
• Email address
• IP address (collected automatically)

• First name / last name / nickname
• Email address
• IP address (collected automatically)

• First and last name / nickname
• Email address
• Website address
• IP address (collected automatically)

Some data (without identifying data) may be stored in cookies. Some data (without identifying data) may be transferred to a statistics service provider.

§9 Access to personal data by third parties

As a rule, the only recipient of personal data provided by Users is the Controller. Data collected as part of the services provided are not transferred or resold to third parties.

Access to data (most often on the basis of a Data Processing Agreement) may be available to entities responsible for maintaining the infrastructure and services necessary to operate the Service, i.e.:

• Hosting companies providing hosting or related services for the Controller
• Companies through which the Newsletter service is provided
• Companies through which SEO/SEM services are provided

For the purpose of providing the Newsletter service, the Controller uses a third-party service – Freshmail (freshmail.pl/polityka-prywatnosci/), MailChimp (mailchimp.com/legal/privacy/)

Data entered in the newsletter signup form are transferred, stored and processed in the external service of this provider.

Please note that the indicated partner may modify the indicated privacy policy without the Controller’s consent.

For the purpose of operating the Service, the Controller uses the services of an external hosting, VPS or Dedicated Server provider – Kru.pl Sp. z o.o. All data collected and processed in the Service are stored and processed in the provider’s infrastructure located in Poland. Access to the data may be possible due to maintenance work carried out by the provider’s personnel. Access to this data is governed by an agreement between the Controller and the Provider.

§10 Method of processing personal data

• Personal data will not be transferred outside the European Union, unless they have been published as a result of an individual action by the User (e.g., posting a comment or entry), which will make the data available to any person visiting the Service.
• Personal data will not be used for automated decision-making (profiling).
• Personal data will not be resold to third parties.

• Anonymous data (without personal data) may be transferred outside the European Union.
• Anonymous data (without personal data) may be used for automated decision-making (profiling). Profiling of anonymous data (without personal data) does not produce legal effects or similarly significantly affect the person whose data are subject to automated decision-making.
• Anonymous data (without personal data) will not be resold to third parties.

§11 Image review

To ensure that our services are used in accordance with our Terms of Service, we may occasionally review images generated by users. This allows us to check whether users are creating inappropriate images or otherwise violating our Terms of Service.

§12 Legal bases for processing personal data

The Service collects and processes Users’ data on the basis of:

• Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation)
  • Article 6(1)(a): the data subject has given consent to the processing of their personal data for one or more specific purposes
  • Article 6(1)(b): processing is necessary for the performance of a contract to which the data subject is party, or in order to take steps at the request of the data subject prior to entering into a contract
  • Article 6(1)(f): processing is necessary for the purposes of the legitimate interests pursued by the Controller or by a third party
• Act of 10 May 2018 on the protection of personal data (Journal of Laws 2018, item 1000)
• Telecommunications Law of 16 July 2004 (Journal of Laws 2004 No. 171, item 1800)
• Act of 4 February 1994 on copyright and related rights (Journal of Laws 1994 No. 24, item 83)

§13 Period of processing personal data

As a rule, the indicated personal data are stored only for the period of providing the Service within the Service by the Controller. They are deleted or anonymised within 30 days from the end of service provision (e.g., deletion of a registered user account, unsubscribing from the Newsletter, etc.).

An exception is a situation that requires securing the legitimately justified purposes of further processing of this data by the Controller. In such a situation, the Controller will store the indicated data, from the time of the User’s request for deletion, for no longer than 3 years in the event of a violation or suspected violation of the Service’s Terms by the User.

Anonymous statistical data that do not constitute personal data are stored by the Controller for the purpose of keeping service statistics for an indefinite period.

§14 Users’ rights related to the processing of personal data

Users have the following rights:

• Right of access to personal data
  Users have the right to obtain access to their personal data upon request submitted to the Controller
• Right to rectification of personal data
  Users have the right to request the Controller to promptly rectify inaccurate personal data and/or complete incomplete personal data, upon request submitted to the Controller
• Right to erasure of personal data
  Users have the right to request the Controller to promptly delete personal data, upon request submitted to the Controller. In the case of user accounts, deletion consists of anonymising data that allow the User to be identified. The Controller reserves the right to suspend the execution of a request for erasure in order to protect the Controller’s legitimate interests (e.g., when the User has violated the Terms or the data were obtained as a result of correspondence). In the case of the Newsletter service, the User can delete their personal data independently by using the link included in every email.
• Right to restriction of processing of personal data
  Users have the right to restrict processing in the cases indicated in Article 18 GDPR, including contesting the accuracy of personal data, upon request submitted to the Controller
• Right to data portability
  Users have the right to obtain from the Controller personal data concerning them in a structured, commonly used and machine-readable format, upon request submitted to the Controller
• Right to object to the processing of personal data
  Users have the right to object to the processing of their personal data in the cases specified in Article 21 GDPR, upon request submitted to the Controller
• Right to lodge a complaint
  Users have the right to lodge a complaint with the supervisory authority responsible for the protection of personal data.

§15 Contact to the Controller

You can contact the Controller in the following way:

• Email – team@instantroom.pl

§16 Service requirements

• Restricting the saving and access to cookies on the User’s Device may cause some functions of the Service to malfunction.
• The Controller is not responsible for any malfunctioning of the Service if the User restricts in any way the ability to save and read cookies.

§17 External links

In the Service – articles, posts, entries or Users’ comments may contain links to external websites with which the Service Owner does not cooperate. These links and the sites or files indicated by them may be dangerous for your Device or pose a threat to the security of your data. The Controller is not responsible for content located outside the Service.

§18 Changes to the Privacy Policy

• The Controller reserves the right to change this Privacy Policy at any time without informing Users with regard to the use of anonymous data or the use of cookies.
• The Controller reserves the right to change this Privacy Policy at any time with regard to the processing of Personal Data, of which Users with user accounts or subscribed to the newsletter will be informed via email within 7 days of the change. Continued use of the services means becoming acquainted with and accepting the changes made to the Privacy Policy. If the User does not agree with the changes, they are obliged to delete their account from the Service or unsubscribe from the Newsletter service.
• Changes introduced to the Privacy Policy will be published on this subpage of the Service.
• Changes take effect upon publication.