Privacy policy

Last updated: 19.10.2023 11:00

1. Data Controller and Collection of Personal Data

Krzysztof Gustalik - PROGUS, having its registered office at Sklepowa 27, 97-500 Radomsko, Poland, herein referred to as the "Controller" or "PROGUS," is responsible for the processing of personal data concerning the use of our Services and other functionalities via this website.

PROGUS offers a store locator application that enables businesses to display physical locations on a map for their customers, thereby enhancing website functionality and customer satisfaction. Our application also provides merchants with a user-friendly system for managing their list of locations.

We may collect and process your personal data when engaging with you. As the Controller, we adhere to the General Data Protection Regulation (GDPR) and process all personal data provided by you on the Website or collected while utilizing our Services. Personal data includes, but is not limited to, information such as your name, surname, country and email address.

We are committed to safeguarding your personal data and will use it in compliance with all relevant data protection and privacy laws and regulations, including:

  • Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (the "General Data Protection Regulation" or "GDPR").
  • The California Consumer Privacy Act ("CCPA") and related amendments and regulations, as outlined in the "Information and Notice for California Residents" section.
  • Applicable Nevada laws, as detailed in the "Nevada Residents" section.

2. Contact Information

For any inquiries related to this Privacy Policy or the exercise of your rights concerning personal data, please reach out to us at contact@proguscommerce.com.

3. Purposes and Legal Grounds for Personal Data Processing

We may process your personal data for the following purposes:

A. Utilization of Services: If you access and use our Services in accordance with our Terms, we process your personal data to perform an agreement for the provision of Services by electronic means, particularly regarding the purchase of the Services. Legal basis: Article 6(1) (b) of the GDPR. We may also process your data to fulfill legal obligations (Article 6(1)(c) of the GDPR), safeguard our legitimate interests (Article 6(1) of the GDPR), or pursue claims and defense against claims.

B. Contact via Chat or Email: If you enter into a contract with us via a contact form (chat) or email, we process your personal data to respond to your inquiry, resolve issues, or take steps to enter into an agreement with you. Legal basis: Article 6(1) (f) of the GDPR.

C. Marketing and Newsletter: If you receive information about our latest news, special events, offers, or subscribe to our newsletter, we process your personal data based on our legitimate interest. You can revoke your consent by unsubscribing from our newsletter or contacting us at contact@proguscommerce.com.

D. Social Media: When you follow our social media profiles, we process your personal data for purposes including responding to messages, conducting conversations, sharing posts, and marketing. We utilize statistics provided by social media entities. Legal basis: Article 6(1) (f) of the GDPR.

E. Job Applications: If you apply for a job, we process your personal data for recruitment purposes and, with your consent, for future recruitment. The provision of your personal data is voluntary but may be necessary for the specified purposes.

Due to the rules enforced by social media platforms, we will see your name (or nickname) and photo if you interact with us or comment on our posts.

4. Types of Data Processing

We may collect and process various forms of personal data based on the functionalities you utilize:

A. Services: If you access and use our Services, we will process your identification data, including your name, surname, country and email address.

We may also automatically collect information, including:

  • Usage and log information, encompassing data on your activity, log files, diagnostic, crash, website, and performance logs and reports.
  • Subscription informations.
  • Locations informations, such as location name, location address, latitude and longitude, location contact details: email, phone, fax.

B. Contacting Us: When contacting us via our contact form (chat) or email, we will process your identification data, such as your name and email address, along with any other data you provide.

C. Marketing and Newsletter: Your email address will be processed if you subscribe to our newsletter or consent to marketing of our services.

D. Social Media: When you interact with our social media profiles, we may process personal data posted on your profile and other data related to our use of social media functionality.

E. Job Applications: In the case of job applications, we may process your personal data in accordance with the Labour Code and other specific laws as required by legal provisions.

5. Right to Object

You have the right to object at any time to the processing of your personal data based on legitimate interests. In such instances, we will cease processing your data for these purposes unless there are legitimate grounds preventing cessation or continued processing is necessary for potential legal claims.

You also have the right to object at any time to the processing of your personal data for direct marketing purposes, as described in Section III, point C.

6. Data Retention

The retention period of your personal data, as outlined in Section 3 above, depends on the purposes and grounds for processing. Your data will be processed for the following periods:

  • For the duration of account service, until the account is deleted, or as necessary for the assertion of claims.
  • For the duration of service agreements and, if necessary for compliance with legal obligations, in accordance with applicable laws.
  • For the duration of legitimate interests pursued by the Data Controller or a third party, or until you object to processing.
  • For the resolution of cases, including the period needed for improvement and verification.
  • For marketing activities (newsletter) until you object to data processing or revoke your consent.
  • For social media interaction, until you delete your comments or stop following us.
  • For the duration of the recruitment process, with consent, up to 48 months or until consent withdrawal.

7. Data recipients.

Your personal data may be disclosed to other companies and service providers who perform business operations on our behalf, limited to the extent necessary for PROGUS services. Depending on your activities as described in Section 3, data recipients may include:

  • Service hosting providers.
  • Website hosting providers.
  • Data storage entities.
  • ICT service providers.
  • Social media providers, such as Meta Platforms Ireland Limited, Twitter Inc., and Google LLC.

Personal data may also be shared with entities supporting our operations, such as IT service providers, law firms, auditors, third-party companies facilitating our Services, and entities required to receive data under legal provisions.

    8. Your Rights as a Data Subject

    By law, you have the following rights with regard to your personal data. Further information and advice about your rights can be obtained from your national data protection regulator. If you wish to exercise any of your rights in relation to your personal data, please contact us here.

    Right to Be Informed: You have the right to be provided with clear, transparent, and easily understandable information about how we use your personal data and your rights. This is why we’re providing you with the information in this Privacy Policy.

    Right to Access: You have the right to obtain access to your personal data (if we’re processing it) and certain other information, similar to that provided in this Privacy Policy. This enables you to verify that we’re using your personal data in accordance with data protection law.

    Right to Rectification: You are entitled to have your personal data corrected if it’s inaccurate or incomplete.

    Right to Erasure: Also known as the ‘right to be forgotten,’ this enables you to request the deletion or removal of your personal data where there’s no compelling reason for us to keep using it. There are exceptions to this right.

    Right to Restrict Processing: You have the right to ‘block’ or suppress further use of your personal data. When processing is restricted, we can still store your personal data, but may not use it further.

    Right to Data Portability: You have rights to obtain and reuse your personal data for your own purposes across different services. For example, if you decide to switch to a new provider, this enables you to move, copy, or transfer your personal data between our IT systems and theirs safely and securely.

    Right to Object to Processing: You have the right to object to certain types of processing, including processing for direct marketing (which we do only with your consent).

    Right to Withdraw Consent: If you have given your consent for direct marketing, you have the right to withdraw your consent at any time. The withdrawal does not affect the lawfulness of previous processing.

    Right to Lodge a Complaint: You have the right to lodge a complaint about the way we handle or process your personal data with your national data protection regulator.

    Right to Explanation & Human Intervention: You have the right to obtain an explanation of automated decisions, contest them, express your views, and obtain human intervention in order to make a new decision.

    We are required by law to act on requests and provide information free of charge, except where your requests are manifestly unfounded or excessive (particularly due to their repetitive nature). In such cases, we may charge a reasonable fee or refuse to act on the request, taking into account administrative costs.

    9. Information on Data Transfers Outside of the EEA

    While most data is processed within the European Economic Area (EEA), it's important to note that some of your data may be processed in the U.S.

    PROGUS may engage third parties and partners to support its business activities, and your personal data may be processed outside the EEA, including countries not recognized by the European Commission as providing an adequate level of personal data protection. However, such processing is done in accordance with GDPR rules.

    In case of a dispute concerning international data transfers, the courts of Radomsko, Poland, have exclusive jurisdiction.

    10. Automated Decision-Making, Including Profiling

     

    Apart from cookie-based advertising profiling, automated decision-making, including profiling, may occur during your use of our Service. This is done to provide you with the best service experience, including Service onboarding and predicting your behavior.

    We process your personal data to evaluate and analyze your activity and information, including creating your individual profile and presenting dedicated offers and functionalities through profiling.

    Certain decisions made by PROGUS may be based solely on automated processing of personal data, including set rules and algorithms used to provide you with our Service and benefits. These decisions may produce legal effects or similarly significant effects concerning you.

    If you disagree with an automated decision, you can contact us, and we will review it for you. You have the right to obtain an explanation of automated decisions, contest them, express your views, and obtain human intervention to make a new decision.

    11. Security of Your Personal Data

    Ensuring the security of your privacy and personal data is a top priority for us. We are committed to protecting your privacy by taking every precaution to safeguard personal data provided by website users from loss, destruction, unauthorized access, disclosure, or misuse.

    While we strive to use commercially acceptable means to protect your Personal Information, it is important to note that no method of transmission over the Internet, or method of electronic storage, is 100% secure. As such, we make no warranties regarding the level of security afforded to your data, except that we will always act in accordance with relevant EU and United States law.

    12. Cookies

    General Information about Cookies: Like many other companies, we use cookies on our website. Cookies are small text files stored on your computer or other device by websites you visit. For general information on cookies, please visit: www.allaboutcookies.org and www.youronlinechoices.eu.

    We use cookies and other technologies to understand, secure, operate, and provide our Services, including:

    • Providing PROGUS for web and desktop and other web-based Services.
    • Improving your experiences, understanding how our Services are being used, and customizing them.
    • Understanding which of our FAQs are most popular and showing you relevant content related to our Services.
    • Remembering your choices, such as your language preferences and customizations.
    • Understanding mobile versus desktop users of our web-based Services and assessing the popularity and effectiveness of specific web pages.
    • Assessing and analyzing users’ activity and information.
    • Presenting advertisements, offers, or promotions regarding PROGUS products or services.

    Please note that restricting or blocking the use of cookies on our website may affect its functionality and may prevent you from using specific services.

    Cookies used by us include:

    • Necessary cookies: Necessary for using our website's features and services.
    • Preferences cookies: Allow our website to remember your choices during your visit.
    • Statistics cookies: Help us understand how you use our website and improve user experience.
    • Marketing cookies: Used to track visitors across websites for relevant and engaging advertising.

    Unclassified cookies: Cookies currently under classification.

    How to Delete Cookies:

    You can configure your web browser to prevent cookies from being stored on your computer, phone, or tablet, and you can also delete cookies that have already been stored. The following links provide information on how to delete cookies in popular web browsers:

    The Effect of Changing Your Browser Settings on Your Website Use:

    Modifying your web browser's configuration to prevent or restrict cookie storage may result in limitations on website functionality. Deleting cookies while using a service may have similar consequences, and some services may not be available without cookies, such as the use of the contact form.

     

    13. Information and Notice for California Residents

    California Notice

    This section covers the collection, use, disclosure, and sale of personal information ("PI") of California consumers as defined by the California Consumer Privacy Act (CCPA) and California Privacy Rights Act. It also outlines the rights California consumers have under these acts and other notices required by California laws. Our data practices, as described in the Information Collection and Personal Data Details sections of this Privacy Policy, pertain to the prior calendar year and will be updated annually. We may update our practices in this Privacy Policy, and if there are material changes, we will provide pre-collection notices.

    Do Not Track

    Please note that when using our Application, we and third parties may use tracking technologies to collect usage information for various purposes, including serving you advertising based on your activities. "Do Not Track" signals in some browsers are not considered because industry consensus on their interpretation is lacking.

    Sensitive Data

    We do not collect or process sensitive personal data (SPI), and we request users not to share such data with us.

    Use of Your Personal Data

    Subject to CCPA restrictions and obligations, our service providers may use your PI for the purposes identified in this Privacy Policy, as well as those disclosed in the Information Collection and Information Use sections. Service providers may engage subcontractors for these purposes.

    We may collect and use your PI for commercial purposes like interest-based advertising if you haven't opted out.

    CCPA Do Not Sell or Share

    In the previous year, we did not "sell" PI, and we will not sell PI collected during a period where you were not provided the opportunity to opt out unless we obtain your consent.

    We may share your data with third-party analytics providers. To opt out of such sharing, please follow the link on our webpage titled: "DO NOT SELL OR SHARE MY PERSONAL INFORMATION."

    We may disclose your PI for purposes like direct user requests, disclosures among PROGUS companies, mergers, asset sales, and other applicable laws.

    Automated Decision Making

    We do not use automated decision-making within the scope of the CCPA. If we do, you may opt-out by contacting us.

    CCPA Right-to-Know and Access Categories Request

    You have the right to request the following information for the prior twelve months:

    • Categories of PI collected.
    • Sources from which PI was collected.
    • Business or commercial purposes for collecting PI.
    • Categories of third parties to whom PI was disclosed.
    • List of categories of PI disclosed for a business purpose.
    • List of categories of PI sold.

    CCPA Specific Pieces of PI Request

    You have the right to obtain a transportable copy of your PI collected in the prior twelve months.

    CCPA Correction Request

    You can request corrections to your PI that we've collected directly from you.

    CCPA Deletion Request

    You may request the deletion of your PI, subject to CCPA retention rights. We do not have to delete PI we didn't collect directly from you.

    Making CCPA Requests

    To make a CCPA request, email us or write to us at PROGUS, Sklepowa 27, Radomsko, Poland (Attn: CCPA Request).

    Authorized Agent Request

    Requests are subject to an identification and verification process. In the absence of a power of attorney, we require the consumer to verify their identity. We may verify based on the information you provided.

    Third-Party Marketing and Other California Privacy Rights

    You can opt in to sharing "personal information" with third parties for direct marketing purposes. You may withdraw consent, request information about Shine the Light law compliance, and obtain a disclosure of third parties we've shared information with. To make these requests, email us or write to us at the provided address. These rights and CCPA rights are separate and must be exercised independently.

    California Minors

    PROGUS is intended for a general audience and not directed at children under 13 years of age.

      14. Nevada Residents

      Nevada law allows customers to "opt out" of the sale of certain personal information, known as "covered information." We do not sell covered information as defined in the law, and we have no plans to change this practice. If you wish to be notified if we change this practice, you can email us and provide your name, Nevada resident address, and email address. We will contact you if there are any changes, and you can complete your opt-out at that time. If your contact information changes, please contact us to update it. We may share your data for different purposes as explained in this Privacy Policy, which are separate from your opt-out request.

       15. Links to Other Sites

      We strongly advise you to review the Privacy Policy of every site you visit.

      Our Service may contain links to other websites operated by unrelated companies and persons (Third-Party Websites). These links are provided for informational purposes only. Inclusion of a link to a Third-Party Website on our Service does not imply that we accept responsibility for that Third-Party Website, its content, or its features, products, and services.

      We have no control over Third-Party Websites and have not investigated, monitored, or checked them for accuracy, completeness, or compliance with laws and regulations. We are not responsible for any damages resulting from your use of, or reliance on, Third-Party Websites or their information and materials. Your use of Third-Party Websites is at your own risk.

      16. Children’s Privacy

      Our Service is not intended for use by individuals under the age of 13 ("Children"). We do not knowingly collect personally identifiable information from children under 13. If you are a parent or guardian and you are aware that your child has provided us with Personal Information, please contact us. If we become aware that we have collected Personal Information from children under age 13 without parental consent, we will take steps to remove that information from our servers.

      17. Changes to this Privacy Policy

      We may update our Privacy Policy periodically. We will notify you of any changes by posting the new Privacy Policy on this page. You can identify the date of the last update posted at the beginning of the Privacy Policy. Changes to this Privacy Policy are effective when they are posted on this page.