Privacy policy

Data Protection Policy and Terms of Use Transformatory Sp. z o. o.

1. Changes to this Data Protection Policy

Transformatory Sp. z o. o. may modify this Data Protection Policy as needed. This new Data Protection Policy has been modified since its last update on May 25, 2018.

Transformatory Sp. z o. o. reserves the right to change this Data Protection Policy as necessary, for example, to accommodate legal, policy, practice, and procedure developments of Transformatory Sp. z o. o. or to meet regulatory requirements.

In such cases, Transformatory Sp. z o. o. will inform affected individuals about any significant changes to this Data Protection Policy. Transformatory Sp. z o. o. will publish any new versions on relevant internal and external websites and digital platforms.

The key changes and reasons for the changes between the current version of this Data Protection Policy and the previous version dated May 25, 2018, are as follows:

Changes to comply with new regulatory requirements resulting from the California Consumer Privacy Act (CCPA);
Addition of examples of cookies and similar technologies used in our Cookie Notice.

2. Purpose of this Data Protection Policy

Transformatory Sp. z o. o. is committed to protecting your privacy and personal data. This Data Protection Policy informs you about our data protection practices and how we keep personal data confidential. Please read this policy before accessing any digital content from Transformatory Sp. z o. o.

For Transformatory Sp. z o. o., data protection and data security are paramount, as is compliance with all national and international data protection laws.

This Data Protection Policy describes how Transformatory Sp. z o. o. processes and protects the personal data of individuals using our websites and other digital platforms, as well as personal data provided in connection with our offline business activities.

Transformatory Sp. z o. o. has an internal global data protection policy that applies to all our affiliated companies and concerns the collection, processing, use, dissemination, transfer, and storage of personal data. It provides common rules for all our subsidiaries in all countries, aimed at ensuring a high level of personal data protection within Transformatory Sp. z o. o.

Additionally, Transformatory Sp. z o. o. has established this Data Protection Policy as an external publication of our binding corporate rules (BCR), approved by the European Union data protection authorities in November 2012, to govern the processing of personal data within the EEA as a data controller. In Transformatory Sp. z o. o.'s binding corporate rules, we observe and take into account the key principles of the EU data protection regulations, as one of our main offices is located within the European Union.

3. Scope of this Data Protection Policy and Responsibility for Data Processing

This Data Protection Policy applies to all subsidiaries and digital content of Transformatory Sp. z o. o., unless another privacy notice is published that supplements or replaces this privacy statement. Please read the privacy notices provided to you on each digital platform, such as websites or applications.

Transformatory Sp. z o. o. is a global company with legal entities, business operations, management organizations, and system infrastructures that transcend borders. This Data Protection Policy applies to all data processing activities of Transformatory Sp. z o. o., conducted by subsidiaries we control, including product and service offerings and digital content (e.g., event registrations, websites, applications, tutorials, e-trainings, newsletters, advertising, and other communications). It can, however, be supplemented or replaced by more specific privacy notices/statements/policies for certain programs, products, services, content, or entities of Transformatory Sp. z o. o. Please read the privacy statements available to you to obtain all information. For example, the processing of applications is governed by the privacy notice published on our career portal.

The data controllers for the data processing activities are the subsidiaries of Transformatory Sp. z o. o., which have determined the means and purposes of the data processing. They may vary on a case-by-case basis. In many cases, the data controller for central data processing activities is the following company with headquarters at the following address: Transformatory Sp. z o. o., Święty Marcin 29/8, 61-806 Poznań, Poland. For more information, contact us at info@energeks.com.

This Data Protection Policy is binding on all Transformatory Sp. z o. o.-controlled subsidiaries and their employees.

Any orders you place through the websites are subject to the general terms of use, which you can find on the respective websites. Be sure to read these general terms of use carefully.

4. Why We Collect and Use Personal Data

We use personal data for various purposes, including fulfilling orders and requests, managing our business relationships, conducting surveys, improving our products, services, and online content, enhancing user experiences, managing user accounts and programs, analyzing activities on our digital platforms, conducting marketing activities, providing contextual and targeted information, ensuring the security of our activities, protecting against fraud, and generally conducting our business activities.

Our primary goal in collecting data is to provide you with excellent service and a smooth, efficient, and personalized experience when using our digital content.

Transformatory Sp. z o. o. collects personal data for the following purposes:

To fulfill orders for our products, services, and digital content. We collect this information to deliver your order, receive payments, provide the features of our applications, communicate with you about the status of your order, and for contract management purposes;
To better respond to future information and support requests. We keep records of communications, including personal data, to optimize our customer service in response to a request;
To manage relationships, including communication about products, services, and digital content, email communication, and messaging;
To conduct surveys and studies. We may collect personal data upon completing surveys and may contact you for follow-up. We use this information to measure customer satisfaction, understand our customers better, and improve products, services, and digital content;
To improve our products, services, and digital content; for example, we analyze the use of our applications and websites to identify areas and features that need improvement, with which users have difficulties;
To learn more about your browsing and search activities. We collect certain navigation data when you visit our digital content or click on links to products and services. We collect this data to improve the user experience for future visits (e.g., country selection or profile-related content). This allows us to operate our websites more efficiently and gather comprehensive demographic information to analyze activities and performance and assess the effectiveness of our advertising. We may use cookies and other identifiers or similar technologies (hereinafter "cookies") to obtain information about the referring website, the type of browser used, the content viewed, and the date and time of access to the digital content. In our Cookie Notice, you will find more information about our use of cookies and your options for managing cookies;
To manage digital user accounts. We collect personal data during registration on our digital platforms (e.g., partner portal, ordering platform, mobile apps) to interact with you, authenticate you, and manage your login credentials. This allows you to navigate through multiple digital platforms without having to log in again (so-called Single-Sign-On);
To conduct promotional programs and activities. We collect your personal data when you participate in a promotional or loyalty program or activity. We use this information to manage the program or activity, send relevant emails, notify winners, and make the list of winners publicly available in accordance with applicable regulations and laws;
To provide you with marketing information by post, fax, telephone, text message, email, and other electronic communication, regarding promotions, news, and new products or services that we believe may be of interest to you, while complying with applicable opt-in and opt-out requirements. This can be done by Transformatory Sp. z o. o., affiliated subsidiaries, or selected third parties acting on our behalf;
To provide you with certain communications and/or targeted information about our products and services (or those of our subsidiaries) via pop-ups, banners, videos, emails, and other advertising formats. For example, we may provide you with contextual advertising or other content based on browsing information. Additionally, we may use location data to inform you about local promotions and activities. Further information on the use of cookies and your options for managing them can be found in our Cookie Policy.
To combine information obtained online from various digital platforms with information collected offline about you. This creates a profile of you that we can use to provide personalized services. For example, a user we believe to be an electrician (based primarily on information provided at registration or other information from third-party sources) may be shown profile-related advertising on websites and apps of third parties that would not be shown to a user from other professional fields. Similarly, users may be shown different content or receive different emails with other advertisements or surveys. We may also use cookies to target users geographically.
To ensure the security of our products, services, and digital content, our activities, and those of others, protect against fraud, and ensure compliance with our terms and conditions and this Data Protection Policy. We may also investigate potential violations;
To enable or manage our business operations, such as quality control and consolidated reporting;
To support business transactions or restructurings involving Transformatory Sp. z o. o.;
For business continuity and disaster recovery;
To comply with legal obligations to which we are subject, such as accounting and tax obligations;
Any other purpose that we notify you about.

5. Types of Personal Data We Process

Transformatory Sp. z o. o. processes various types of personal data, including identity information, contact details, professional information, preference information, interactions with us, financial information, online traffic data, and content you provide to us. In most cases, this information is obtained from customers, partners, and users. However, we also acquire lists from advertising agencies and obtain information from our partners, cookies, and social networks.

The term "personal data" (or "personal information") refers to any information that relates to an identified or identifiable natural person. An identifiable person is one who can be identified, directly or indirectly, particularly by reference to an identifier or one or more factors specific to their physical, physiological, mental, economic, cultural, or social identity.

The types of personal information we process about you may include:

Identity and contact details, such as name, company, email address, phone number, photo, age range, and contact addresses;
Professional data, such as customer type, purchasing authority, purchase timeframe, acquisition and use of products, services, and digital content from Transformatory Sp. z o. o.;
Information (e.g., energy consumption) specific to the digital platform you use;
Your preferences, such as preferences for products and services, contact, and marketing;
Your interactions with us, such as inquiries, orders, claims, survey responses;
Financial information, such as bank and credit card data;
Online traffic data, such as IP address, device and system identifiers, your user ID and password from Transformatory Sp. z o. o., the referring website, the browser type used, the content viewed, and the location, either based on your IP address or information transmitted by your mobile device;
Content you provide through online forums or otherwise (see Section 6 "Your Content" below).

This Data Protection Policy does not cover personal data that has been anonymized, i.e., data that individuals cannot be identified from without a significant amount of time, cost, or effort. If anonymized data permits the identification of an individual, this Data Protection Policy applies.

In most cases, we collect this information directly from users who have a business relationship with us. We may also obtain information from a reseller or business partner, from marketing agency-acquired customer lists, from your online browsing behavior, from social networks if these are linked to the login credentials for that network, and also from cookies. More detailed information about the third-party source (if applicable) of personal data can be obtained from us at the email address provided in Section 10.

6. Your Content

You may choose to contribute content (including photos and comments) through online forums, applications, or other digital platforms operated by Transformatory Sp. z o. o. Your content must be harmless. You must comply with laws and respect the rights and interests of third parties. Before sharing another person's data, you must obtain their consent. You should be cautious before sharing information in a forum.

The content you provide to us must respect the rights and interests of third parties, including their rights to data protection and privacy. Content must not be offensive, disrespectful, or in any way harmful.

Any provision of personal data to Transformatory Sp. z o. o. about another person must comply with data protection laws, including the requirements for notification of disclosure and the respective consent.

Transformatory Sp. z o. o. strives to protect your personal data. However, sharing it in online forums carries risks. If you post or comment on a forum, social network, or blog, express interests, or share personal information, including photographs, please be aware that any personal data you submit can be read, viewed, collected, or used by other users of these forums, and can also be used to contact you, send unsolicited messages, or for other purposes over which neither you nor Transformatory Sp. z o. o. have control. Transformatory Sp. z o. o. assumes no responsibility for personal data you voluntarily provide in such forums. Exercise caution before sharing information about yourself and others.

7. Sharing Personal Data

We share personal data with Transformatory Sp. z o. o. subsidiaries and service providers involved in our activities, with advertising and marketing agencies, social networks (when using their login credentials), third-party websites (when logging in with Transformatory Sp. z o. o. credentials), relevant regulatory authorities, government agencies, and business successors.

Transformatory Sp. z o. o. is a global corporate group operating as one company. To provide customers, prospects, and users with the best possible service, personal data may be shared with employees of different companies. This may occur, for example, for customer relationship management, sales or product support, marketing, product development, improving products, services, and digital content, data quality checks, or security, financial, regulatory, and compliance purposes.

We use service providers to perform data processing activities and provide you with our products, services, and online content. These service providers include, but are not limited to, hosting providers, information systems, advertising and marketing agencies, IT support, security service providers, financial service providers, logistics companies, external accounting firms, lawyers, and auditors.

We ensure that all service providers working under contract with Transformatory Sp. z o. o. comply with data protection laws and Transformatory Sp. z o. o.'s policies.

We also share data as follows:

In connection with sending advertising, we may share some personal data (e.g., device identifiers, cookie identifiers) with ad exchanges or agencies managing advertising on third-party websites and apps where ads may be displayed.
You can also access our digital content and/or register using the login credentials of third-party websites (such as Facebook and LinkedIn). In this case, we may access some of the information you have registered on these social networks to assist you in filling out the registration form for Transformatory Sp. z o. o.'s digital content. By using these third-party website login credentials, you can also simultaneously inform your contacts on these websites that you have created an account with Transformatory Sp. z o. o. If you want to know more about the information accessible to your contacts on these websites and your options to restrict communication, we recommend reading the respective terms of use and privacy policies.
Transformatory Sp. z o. o. may disclose your personal data as necessary to potential buyers and successors to facilitate a merger, consolidation, transfer of control, or other corporate reorganization involving Transformatory Sp. z o. o.
If required by law or court orders, or to protect our rights, we will disclose your personal data to government authorities, regulatory bodies, and other relevant authorities.
In other ways described in this Data Protection Policy or otherwise agreed to by you.
In combination with other information, ensuring that your identity cannot be determined with reasonable effort (e.g., statistical compilations).

We will not sell or rent your personal data to third parties without your permission.

8. How We Protect Personal Data

Transformatory Sp. z o. o. adheres to widely recognized key principles of data protection (fairness, purpose limitation, data quality, data retention, respect for individuals' rights, security) and takes appropriate measures to ensure the security of personal data.

Transformatory Sp. z o. o. respects the data protection rights and interests of individuals. Transformatory Sp. z o. o. and its affiliated subsidiaries comply with the following principles when processing personal data:

Personal data is processed in a fair and lawful manner;
We collect personal data for specific legitimate purposes and do not process it in a manner incompatible with these purposes;
We collect only such personal data that is relevant and not excessive for the purpose for which it is collected and used. We may anonymize data when feasible and appropriate, depending on the nature of the data and the risks associated with the intended use;
We maintain your personal data accurately and update it as needed. We take necessary steps to correct or delete inaccurate or incomplete data;
Your personal data is retained only for as long as necessary to fulfill the purpose for which it was collected and processed;
We process personal data in accordance with applicable rights of individuals;
Appropriate technical, physical, and organizational measures are taken to prevent unauthorized access, unlawful processing, and unauthorized or accidental loss, destruction, or damage to your personal data;
When processing sensitive personal data, we ensure proper notification and consent for processing or otherwise ensure that processing complies with applicable laws.

Transformatory Sp. z o. o. and all affiliated subsidiaries must ensure compliance with the above principles.

Transformatory Sp. z o. o. and its subsidiaries are committed to taking economically reasonable technical, physical, and organizational measures to protect personal data from unauthorized access, unlawful processing, accidental loss, or damage, and unauthorized destruction. We offer secure servers that allow you to place orders or access your account information. We implement access controls for our internal systems containing personal data. Authorized users can access such systems through a unique identifier and password. Access to personal data is limited to employees solely for the purpose of performing their job duties. We educate our employees on the proper use and handling of personal data. We also require our service providers to adhere to necessary security measures. We implement security measures to identify registered users, ensuring that the appropriate rights and restrictions for these users can be enforced. For registered users, we use both logins and passwords for authentication. You are responsible for maintaining the security of your login credentials.

By using our digital content or providing personal data to us, you agree that we may communicate with you electronically or otherwise regarding security, privacy, usage, and management. Despite our efforts to implement appropriate security measures, browsing the internet carries inherent risks. We cannot guarantee that your use will be risk-free.

9. Third-Party Websites and Social Media

You should read the privacy policies of third-party and social media websites and adjust your privacy settings as needed. Websites and platforms not originating from Transformatory Sp. z o. o. are not covered by this Data Protection Policy.

Transformatory Sp. z o. o.'s digital platforms may provide links to third-party applications, products, services, or websites for the benefit and information of users. When you access such links, you leave Transformatory Sp. z o. o.'s digital platform. Transformatory Sp. z o. o. does not control these third-party websites or their privacy practices; these may differ from Transformatory Sp. z o. o.'s practices. We do not endorse or make any representations about third-party sites. The personal data you voluntarily provide to or collected by these third parties is not covered by Transformatory Sp. z o. o.'s Data Protection Policy. Review the privacy policy of each site you interact with before agreeing to the collection and use of your personal data.

We also provide links to social media that allow you to share information in your social networks and communicate with Transformatory Sp. z o. o. on social media pages. Your use of these links may lead to the collection or sharing of data about you. We encourage you to review the privacy policies and privacy settings of the social networks you interact with and adjust them as necessary to ensure you understand what information these sites collect, use, and share.

10. Your Rights

Transformatory Sp. z o. o. is subject to your data protection rights, including your right to request access to your personal data and its deletion or modification. You may opt out of any direct marketing activities by Transformatory Sp. z o. o. at any time.

Transformatory Sp. z o. o. is subject to your data protection rights, including your right to request access to and correction of your personal data. You have the right to inquire about the nature of the personal data held or processed by a Transformatory Sp. z o. o. business entity. You will have access to your personal data regardless of the location of the data processing and storage.

You can request access to your personal data and request its deletion or modification at any time. Individual requests concerning your rights can be sent to: info@energeks.com.

You have the right to opt out of our marketing communications at any time. Where required by applicable laws, your prior consent will be obtained. To unsubscribe from marketing emails, simply use the appropriate function at the bottom of each email we send.

This section may be supplemented with country-specific information.

11. Important Information for Individuals from the European Economic Area

Transformatory Sp. z o. o. also complies with GDPR-specific requirements, including those regarding the legal basis for processing, cross-border data transfer, automated decision-making and profiling, data retention, additional rights, claims, and contact information for the Data Protection Officer.

11.1 Legal Basis for Transformatory Sp. z o. o.'s Use of Personal Data

The use of personal data is necessary for the purposes mentioned in Section 3 above to fulfill the following tasks:

Execution of the contract between Transformatory Sp. z o. o. and you in connection with the use of our products, services, or digital content. The performance of the contract involves knowing who you are and what your specialty is. Additionally, we must be able to interact with you for this purpose. This includes responding to your inquiries regarding information, support, your applications, managing your accounts, and your registration for our programs, as well as ensuring compliance with terms and conditions and this Data Protection Policy.
Compliance with legal obligations to which we are subject. This includes, for example, tax and accounting obligations or fulfilling accountability requirements and requests by competent regulatory bodies and authorities.

In relation to:

Surveys, these are conducted in our legitimate interest as they measure your satisfaction with the services requested by us. For other surveys, we request your consent. You are always free not to participate.
The provision of marketing communications and interest-based advertising, these activities are carried out by us and our subsidiaries in our legitimate interest. You will always have the option to change your settings (opt-in/opt-out). Where required by applicable laws, your prior consent will be obtained.
The use of location data transmitted by your mobile device, we obtain your prior consent where required by law.

Additionally, we may process your personal data for purposes that are in our legitimate interest, provided this processing does not restrict your rights and freedoms, particularly concerning:

Protecting yourself, our company, and others from threats (such as security threats or fraud);
Complying with laws applicable to us worldwide;
Improving our products, services, and digital content;
Creating profiles to provide targeted content and interest-based advertising;
Sharing information between Transformatory Sp. z o. o. subsidiaries and service providers, as described in Section 7;
Analyzing and improving our online activities, business, customer base, and relationships in general;
Enabling or managing our business operations, such as quality control and consolidated reporting;
Managing business transactions such as mergers or acquisitions.

11.2 Countries to Which Personal Information Is Transferred

The teams of the global company Transformatory Sp. z o. o., involved in fulfilling data processing purposes, may operate worldwide or in multiple countries. They may be located anywhere in the world where Transformatory Sp. z o. o. operates, including outside the European Union, and in countries that do not have equivalent standards for personal data protection as in the country you are in. We may also transfer data to service providers outside the EU, including service providers in the USA. If these data transfers are not supported by adequacy decisions of the European Commission, Transformatory Sp. z o. o. ensures that they comply with applicable legal requirements, for example, by enforcing standard contractual clauses or binding corporate rules for intra-group transfers as a data controller. For more information on these transfers and, where applicable, descriptions of the corresponding applied safeguards, contact us at: info@energeks.com.

11.3 Profiling and Automated Decisions About Individuals

We may use profiling measures to provide you with online content that we believe matches your interests. We combine registration information, such as the professional field, with information about online activities to understand you better and provide you with online content that matches your profile.

We will not make automated decisions that could significantly affect you unless:

the decision is necessary for a contract;
we have your explicit consent;
or we are legally required to use the technology. In such cases, you will be notified in a timely manner.

11.4 Retention Period for Personal Data

We retain personal data for as long as necessary to fulfill the purposes mentioned in this Data Protection Policy, and for any further period required or permitted by law. More detailed information can be found in the privacy statements of the respective digital content. In general, retention periods are determined considering the following aspects:

The duration of our relationship (e.g., contract term, account deactivation, legitimate need to identify you when contacted by us);
Legal requirements for data retention;
Statutory limitation periods.

For marketing purposes, we retain relevant customer data for three years, starting from the end of our business relationship or since the last interaction with us.

11.5 Your Additional Rights

In addition to the rights specified in Section 10 above, you can request that we delete, restrict, or transfer your personal data. You can also object to the use of your personal data. If data processing depends on individual consent, you have the right to withdraw your consent at any time by sending a request to the following email address: info@energeks.com. For processing required to fulfill the contract or based on legitimate interest, we may not be able to comply with the request to stop processing, or you may not be able to access the services or digital content afterward.

11.6 Raising Questions and Making Claims

Questions or comments regarding Transformatory Sp. z o. o.'s data protection practices or this Data Protection Policy can be directed to the Group Data Protection Officer (DPO) at: info@energeks.com. CEO, Karol Poltorak, Święty Marcin 29/8, 61-806 Poznań, Poland. If you believe Transformatory Sp. z o. o. has processed your personal data in violation of applicable laws or this Data Protection Policy, you can file a complaint with the Group Data Protection Officer. You can also contact a supervisory authority. The supervisory authority for Transformatory Sp. z o. o. is CNIL in France. You can contact the supervisory authority in your country.

12. Cookie Notice

A cookie is a piece of information in the form of a small text file placed on an internet user's hard drive. The cookie is generated by a web server, which is essentially the computer that operates a website. The information the cookie contains is set by the server and can be used by that server when the user visits the site. A cookie can be seen as an internet user's ID card, which tells a website when the user has returned. (Source). We also use similar technologies (e.g., pixel tags, web beacons, etc.) when you visit our websites and use our mobile applications. These technologies retrieve information stored on your device. For the purposes of this statement, these technologies are collectively referred to as "cookies."

Using cookies allows us to offer you certain features and provides us with information about visits to our website and your use of our applications. We also use cookies to make our websites and apps more user-friendly. Most browsers automatically accept cookies. However, this is not mandatory. Usually, you can set your browser not to accept cookies and still use most features on the website. Your mobile device also includes tools to manage the access to information stored on your device by the application.

If you want to delete cookies already on your computer or prevent cookies from being accepted in the future, refer to your browser manufacturer's instructions by clicking the "Help" button in your browser menu:

Instructions for Chrome
Mozilla
Internet Explorer
Safari

Cookies from Third Parties for Analytical Purposes

To provide better service to our visitors, we measure the number of page views, the number of visits, the various actions taken by visitors on our website, the geolocation of our visitors, and the number of repeat visits to our website. For this purpose, we use web analysis software tools: Analyzer and Google Analytics as well as Marketo Munchkin Cookie.

Analyzer Information (AT Internet)

Regarding AT Internet, "cookies" are used to conduct relevant and detailed statistical searches. The "cookie" is used in addition to the JavaScript tag. Thanks to the use of "cookies," it is possible to refine the analysis of JavaScript tags. These also allow AT Internet customers to recognize visitors whenever they return to their online presence. These "cookies" store information about only one user ID from AT Internet; this information is in no way used to collect personal data of visitors.

All results obtained are then compiled and are completely anonymous. The results provide information about the navigation and behavior of internet users on the websites of AT Internet customers; this information includes: the number of visitors, the number of visits, the number of page views, and other information necessary for effectively measuring the interests of internet users. With these results, it is then possible to improve the ergonomics and content of such websites.

Visit AT Internet Data-protection chapter to check your access rights, the right to rectification, and the right to removal of data.

Google Analytics Information

This website also uses Google Analytics, a web analytics service provided by Google, Inc. ("Google"). Google Analytics uses "cookies," which are text files placed on your computer to help the website analyze how users use the site. The information generated by the cookie about your use of the website will be transmitted to and stored by Google on servers in the United States.

If IP anonymization has been activated on this website, your IP address will be shortened within EU member states or other states of the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there. IP anonymization is activated on this website.

Google uses this information on behalf of the operator of this website to evaluate your use of the website, compile reports on website activity for website operators, and provide other services related to website activity and internet usage.

The IP address transmitted by your browser within the framework of Google Analytics will not be associated with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser. However, please note that if you do this, you may not be able to use the full functionality of this website. You can also object to tracking via Google Analytics in the future by downloading the Google Analytics Opt-out Browser Add-on for your current web browser: Google Analytics Opt-out Browser Add-on.