SOCIAL MEDIA POLICY

Effective from 2024-09-16

§ 1 General Provisions

1. The administrator of personal data obtained in connection with the Administrator's presence on social media platforms is BOTLAND B. DERKACZ SP. K., based in Gola, Gola 25A, 63-640 Bralin, Poland, registered in the National Court Register maintained by the District Court Poznań — Nowe Miasto i Wilda in Poznań, 9th Commercial Division of the National Court Register under the National Court Register (KRS) number: 0000983968, TIN: 6192023594, National Official Business Register (REGON): 36218016, with a share capital of PLN 5,000.00 fully paid (hereinafter: "Administrator").

2. The Administrator has designated an electronic contact point for direct communication with the authorities of the Member States, the European Commission, the Digital Services Board: [email protected]. The same contact point can be used by any Customer for direct and quick communication with the Administrator. The Administrator can also be contacted in writing at its address: Gola 25A, 63-640 Bralin, Poland, using the contact form on the website, or by phone at +48 62 593 10 54 (Customer Service Office hours 9-16 on business days, charge as for a regular phone call according to the tariff package of the service provider used by the Customer). Communication can be conducted in Polish or English.

3. The Administrator uses profiles in the following social media:

   • Facebook,

   • Instagram,

   • YouTube,

   • X (formerly Twitter),

   • LinkedIn,

   • TikTok.

4. The Administrator emphasizes that this privacy policy describes only the way of data processing on the part of the Administrator and based on the data that he has obtained himself. Social media platforms used by the Administrator for intermediary purposes in concluding contracts collect and process personal data based on their own privacy policies and regulations. The Administrator makes every effort to ensure the widest possible data security by verifying the entities with which he cooperates, but encourages you to familiarize yourself with the locally applicable privacy policy before making a purchase.

5. The Administrator does not independently use Cookies when using social media platforms, but indicates that their use may be necessary. Therefore, the Administrator recommends that Customers familiarize themselves with the locally applicable privacy policy before making a purchase.

6. The purpose of this policy is to define the actions taken in relation to personal data collected through and used within the Administrator's social media, as well as related services and tools used for their management, as well as in the context of concluding and performing contracts using them.

7. If necessary, the provisions of this policy may change. A change within this policy does not affect the situation of Users and does not require approval. The change will be communicated to users by sending them an appropriate message.

§ 2 Basis for Processing, Purposes, and Storage of Personal Data

1. The personal data obtained by the Administrator from users through social media are processed in accordance with the General Data Protection Regulation (GDPR), the Polish Personal Data Protection Act of May 10, 2018, and the Polish Act on the Provision of Electronic Services of July 18, 2002, as amended, and for the purpose of filing notifications pursuant to Article 16(1) of the Regulation of the European Parliament and of the Council (EU) 2022/2065 of October 19, 2022, on a Single Market for Digital Services and amending Directive 2000/31/EC (Digital Services Act) (OJ L 277, 2022, p. 1, as amended; "DSA") also based on Article 3(h) of the DSA.

2. The Administrator may process personal data of Users entered on social media such as Facebook, Instagram, YouTube, TikTok, LinkedIn on its profile on these media for the purpose of promoting the Administrator's brand and its business and social activities, i.e., based on the legitimate interest of the data controller and cooperating entities (Article 6(1)(f) GDPR). To the extent that the Administrator has influence over data processing on the Facebook, Instagram, YouTube, TikTok, LinkedIn pages, the User utilizing the profile has the rights described in this Privacy Policy.

3. On Facebook, the Administrator processes the data of individuals who have subscribed to its profile by clicking the "Like" or "Follow" icon, or who have posted their comment, shared it, or clicked the "Like" icon under any of the posts posted on the Administrator's account on this platform. The Administrator also processes:

• identification data (including account identifier usually containing the first name and last name or nickname),

• profile photo,

• other photos (which may also depict the image) and

• other data (including the content of comments, statistical data on people visiting the profile on the social networking site).

4. On Instagram, the Administrator processes the data of individuals who have subscribed to the Administrator's profile by clicking the "Like" or "Follow" icon, or by posting their comment, sharing it, or clicking the "Like" icon under any of the posts posted on the Administrator's profile. The Administrator also processes:

• identification data (including account identifier usually containing the first name and last name or nickname),

• profile photo,

• other photos (which may also depict the image) and

• other data (including the content of comments, statistical data on people visiting the profile on the social networking site).

5. On LinkedIn, the Administrator processes the data of individuals who have visited its profile, interacted with its profile by exchanging messages, posted or submitted data through services offered by LinkedIn (e.g., filling out forms, responding to surveys). The Administrator also processes:

• identification data (including account identifier usually containing the first name and last name or nickname),

• profile photo,

• other photos (which may also depict the image) and

• other data (including the content of comments, statistical data on people visiting the profile on the social networking site).

6. On X (formerly Twitter), the Administrator processes the data of individuals who have subscribed to its profile (followers) by clicking the heart icon, "Follow" link, or "Retweet" icon, or who have posted their comment, shared it, or clicked the heart icon or "Follow" or "Retweet" icon under any of the posts posted on the Administrator's profile on this social networking platform. The Administrator also processes:

• identification data (including account identifier usually containing the first name and last name or nickname),

• profile photo,

• other photos (which may also depict the image) and

• other data (including the content of comments, statistical data on people visiting the profile on the social networking site).

7. On YouTube, the Administrator processes the data of individuals who have subscribed to its profile by clicking the "Subscribe" icon, posted their comment under any of the videos posted on the profile, or reacted in any way to any of the published videos. The Administrator also processes:

• identification data (including account identifier usually containing the first name and last name or nickname),

• profile photo,

• other photos (which may also depict the image) and

• other data (including the content of comments, statistical data on people visiting the profile on the social networking site).

8. On TikTok, the Administrator processes the data of individuals who have subscribed to its profile (followers) by clicking the heart icon, "Follow" link (in the form of a "+" button), or who have posted their comment, shared it, or clicked the heart icon or "+" or reposted under any of the posts posted on the Administrator's profile on this social networking platform. The Administrator also processes:

• identification data (including account identifier usually containing the first name and last name or nickname),

• profile photo,

• short videos (which may also depict the image),

• other photos (which may also depict the image), and

• other data (including the content of comments, statistical data on people visiting the profile on the social networking site).

9. The Administrator maintains profiles on social networking platforms under the terms and conditions specified by their owners and operators, in accordance with the rules established on them. The Administrator encourages users to review the rules applicable to each platform. 

10. Through social media, the Administrator can inform about its activities, events, promotions, products, and services, as well as actively build and maintain a community (including by monitoring published content). The Administrator's profiles may also be used for communication through the available functionalities (e.g., comments, messages). The legal basis for such data processing is the legitimate interest of the Administrator (Article 6(1)(f) of the General Data Protection Regulation). Personal data will be processed for as long as the profiles exist on social networking platforms. 

11. The Administrator may organize promotional activities on social media. In such cases, the legal basis for such processing will be specified in the terms and conditions of each promotion. Before participating in a promotional activity, the Administrator recommends reviewing the terms and conditions of such an activity. 

12. Within the profiles on social networking platforms, the Administrator may collect telemetry data by analyzing the activity of users of its profiles. The legal basis for processing personal data in this case is the legitimate interest of the Administrator (Article 6(1)(f) of the General Data Protection Regulation). In the case of processing personal data for statistical purposes, the Administrator acts as a joint controller within the meaning of Article 26(1) of the General Data Protection Regulation along with the operators of social networking platforms that provide such functionality. Personal data will be processed for as long as the Administrator's profiles exist on social networking platforms. 

13. Users' personal data are stored no longer than necessary to achieve the purpose of processing, i.e., until consent is withdrawn if processing is based on such consent, until the expiration of claims of the Administrator and the other party concerning the performance of concluded contracts (in the case of sales/service contracts, 2 years from the end of the year) and until the resolution of inquiries directed via email or until the conclusion of complaint handling. After this period, the personal data of the Customer will be processed by the Administrator based on Article 6(1)(f) GDPR, i.e., for purposes arising from the legitimate interests pursued by the Administrator for marketing campaigns. 

14. In all other respects, the Administrator processes collected data in accordance with the privacy policy of the given social media platform. 

§ 3 Administrator's Responsibility

1. The Administrator may respond to posts or direct messages from social media users on its profiles. However, the Administrator is not obligated to respond to posts or direct messages unless a user makes a request to the Administrator according to the principles described in this policy or the Store's regulations. 

2. The Administrator is not responsible for any content published by users or for any damages caused to third parties by users as a result of their activities on the Administrator's profiles. By posting on the Administrator's profiles, the user is solely responsible for any damage caused by the content of these posts. 

3. The Administrator makes every effort when posting information on its social media profiles but does not provide any express or implied guarantees regarding the accuracy, completeness, usefulness, reliability, security (no interruptions, no errors, no viruses, or other harmful elements, etc.), or suitability for the user's purposes. Additionally, the Administrator is not responsible for any damages resulting from the use of such information by the user. 

4. Information provided by the Administrator through its social media profiles does not necessarily represent official announcements or the Administrator's position. Official announcements and positions of the Administrator will be communicated through the official Store website and press releases. Furthermore, users' posts on the Administrator's profiles are neither directed by the Administrator nor represent its views. 

5. The operation of the Administrator's profiles on social media may be suspended or interrupted without notice. The Administrator is not responsible for any damages, losses, expenses, or charges incurred by the user as a result of such actions.

§ 4 Content Security

1. Users are prohibited from providing content in posts that are illegal or otherwise violate the regulations of the given platform. Such content includes, among others, content that:

• contains links to other sites or files;

• serves unauthorized advertising, promotional, or marketing activities, especially by posting ads, selling, and promoting products, services, projects, fundraisers;

• serves activities prohibited by law, e.g., attempts to defraud and extort funds from other customers;

• incites violence against any living beings, including animals, or endorses such violence;

• promotes any fascist or other totalitarian state systems;

• incites hatred or dangerous behavior or endorses such;

• defames or insults or otherwise violates the rights of third parties;

• contains vulgarities or other offensive content;

• contains personal data (including face photos, etc.) without the consent of the person;

• pertains to political, electoral, religious, or similar activities;

• impersonates the Administrator or a third party;

• contains content prohibited by social media owners;

• violates the applicable legal order or good manners in other ways.

2. In case of violation of the above guidelines, the Administrator reserves the right to moderate and remove such content without informing the poster and to block such accounts on its profiles or report such profiles to the administration of the given social media platform. 

3. In all other respects, content reporting under the Digital Services Act (DSA) is carried out according to the privacy policy of the social media platform where the Administrator's profile is located.

§ 5 User Rights

1. A user whose personal data is being processed has the right to:

1. access, rectify, restrict, delete, or transfer – the data subject has the right to request access to their personal data, rectification, deletion ("right to be forgotten"), or restriction of processing, as well as the right to object to processing and the right to data portability. The detailed conditions for exercising the aforementioned rights are specified in Articles 15-21 of the GDPR.

2. withdraw consent at any time – a person whose data is processed by the Administrator based on expressed consent (under Article 6(1)(a) or Article 9(2)(a) of the GDPR) has the right to withdraw consent at any time without affecting the lawfulness of processing based on consent before its withdrawal.

3. lodge a complaint with a supervisory authority – a person whose data is processed by the Administrator has the right to lodge a complaint with a supervisory authority in their country of origin in the manner and mode specified in the GDPR and Polish law, particularly the Polish Personal Data Protection Act. The supervisory authority in Poland is the President of the Personal Data Protection Office in Warsaw.

4. object – a person whose data is concerned has the right to object at any time, for reasons related to their particular situation, to the processing of their personal data based on Article 6(1)(e) (public interest or tasks) or (f) (legitimate interest of the administrator), including profiling based on these provisions. The Administrator may no longer process such personal data unless he demonstrates compelling legitimate grounds for processing that override the interests, rights, and freedoms of the data subject or grounds for establishing, pursuing, or defending claims.

5. object to direct marketing – if personal data is processed for direct marketing purposes (based on the legitimate interest of the Administrator, not on the data subject's consent), the data subject has the right to object at any time to the processing of their personal data for such marketing, including profiling to the extent that it is related to such direct marketing.

2. The exercise of the above rights is based on a user request sent to the email address [email protected]. Such a request should include the user's first and last name. 

3. The user ensures that the data provided or published by them on the service is correct.