1. Definitions of terms.
2. Personal Data Controller
The controller of your personal data processed in connection with the use of the Website is Europejskie Centrum Remarketingu Sp. z o.o. with its registered office in Komorniki, ul. Lipowa 2, 55-300 Środa Śląska, a company entered in the Register of Entrepreneurs kept by the District Court for Wrocław-Fabryczna, 9th Commercial Division under KRS number 0000331675, NIP 894-297-65-50, share capital: PLN 50.000
In case of online auctions organized on poleasingowe.pl website by Santander Leasing S.A., the controller of your data is Leasing S.A. with its registered office in: 60-198 Poznań, ul. Kolorowa 8, a company entered in the Register of Entrepreneurs kept by the District Court for Poznań Nowe Miasto and Wilda in Poznań, 8th Commercial Division of the National Court Register under the number KRS 0000026084, fully paid-up share capital in the amount of PLN 250,000,000.00.
The rules and method of processing personal data by the above-mentioned controller are described in the documents at this address ......... and the movable property of Santander Leasing SA indicated at the auctions.
3. Grounds for and objectives of the processing
Personal data are processed by us primarily for the purpose of providing electronic services in the scope of making the content of the Website available to persons using the Website.
If you register on the Website, we process your Personal Data in order to enable you to use your account, participate in auctions, as well as to conclude a contract for the purchase of movable property offered on the Website. In this case, the legal basis for the processing is the necessity to process Personal Data for the purpose of concluding and implementing the contract (Article 6(1)(b) of the GDPR).
If you make a complaint, your Personal Data are processed by us for the purpose of resolving it, and the legal basis for the processing of your Personal Data in such a case is the necessity to process Personal Data for the performance of the contract (Article 6(1)(b) of the GDPR).
If you have purchased a vehicle or other item at an auction and wish to obtain external financing (credit, leasing, etc.), your Personal Data will be processed by us for the purpose of concluding and performing the purchase financing agreement (Article 6(1)(b) of the GDPR).
When we process your Personal Data for analytical and statistical purposes, i.e. to improve the functionalities and services provided, to test user satisfaction and to determine the quality of service and adapt the operation of the Website to your needs - then the legal basis of the processing is a legitimate interest of the Controller (Article 6(1)(f) of the GDPR) consisting in conducting analyzes of the activity of people using the Website (including Users) and their preferences.
We may also process your Data for the purpose of offering products and services directly (direct marketing), including selecting them for your needs by means of profiling, which is a legitimate interest of the Controller (based on Article 6(1)(f) of the GDPR).
We may also process personal data for the purpose of establishing and asserting claims or defending against them - the legal basis for such processing is the Controller's legitimate interest (Article 6(1)(f) of the GDPR).
The purpose of processing your data may also be to ensure the highest levels of security, including IT support, which is a legitimate interest of the Controller (the basis of Article 6(1)(f) of the GDPR).
We may also process data in order to comply with applicable laws, e.g. in accounting, tax and other areas. (Article 6(1)(c) of the GDPR).
Finally, we may process your Personal Data for the purposes and on the basis of your consent. Each User is entitled to withdraw consent at any time, which does not affect the lawfulness of the processing that took place on the basis of consent prior to its withdrawal; refusal or withdrawal of consent will prevent the Controller from processing the Data for the purposes specified in consent.
4. The scope of processed Personal Data
In connection with your use of the Website, we process Personal Data that allows this, such as your IP address, location or other data collected through cookies or other similar activities.
If you use the Website as a User (after logging in), we additionally process your Data to the extent necessary to conclude and perform a contract of purchase of movable property through the Website, i.e. name and surname, name and place of business or place of residence (depending on whether you run a business), NIP or PESEL, telephone number and e-mail address.
If you make a complaint, in addition to the data indicated above, we also process other data about you that we collect in connection with the complaint procedure, such as the data of the vehicle purchased by you, the content of the complaint, the justification of the complaint, the content of the response, the data of persons who act on your behalf (co-workers and others) or other data contained in the complaint documents.
If you inform us about the desire to obtain external financing (credits, leasing, etc.), we will process your Personal Data to the same extent as in connection with using the Website as a logged in User. In case of applying for external financing, external regulations oblige us to process more of your Data, including in connection with the implementation of the Act of 1 March 2018 on Counteracting Money Laundering and Terrorist Financing. In particular, it concerns data on the so-called beneficial owner of the actual transaction.
Processing of Personal Data for analytical and other statistical purposes related to improving the functioning of the Website, as well as increasing its security concerns such Data as: location data, information about devices used to display the Website, information collected by cookies and other similar actions. In order to ensure the security of your data, this data is as anonymous as possible so that it cannot be used to identify individuals.
If we process your Data in order to offer you products and services selected for you, the processing includes in particular information collected in cookies or other similar files (data related to your activity on the Website) and data about your previous purchases or auctions in which you took part.
If we process Personal Data in order to possibly establish and assert claims or defend ourselves against them, such action applies to all Data necessary for this purpose, including in particular: name and surname, name and place of your business or place of residence (depending on whether you run a business), NIP or PESEL, information about vehicles purchased by you or services that were provided for your benefit.
If we have been obliged to process Data on the basis of relevant provisions of law, the scope of the processed Data results from these provisions and may include Data analogous to that which, if you use the Website as a logged in User, as well as data on purchased vehicles or services provided by the Controller for your benefit.
The processing of Personal Data on the basis of your consent concerns only those data that are necessary to achieve the purposes specified in the consent. The scope of these data may vary depending on the purpose.
5. Personal Data Retention Period.
We store data related to the use of the Website for a period of 5 years since the last use of the Website. If you use the Website as a User, we store your Personal Data for the duration of your account on the Website and for a period of 5 years after closing your account.
In the case of complaint processes and processing of Personal Data in order to possibly establish and enforce claims or defend against them, Data are stored by us for the period necessary to settle your complaint, and in the case of claims that can be prosecuted, for a period not longer than resulting from legal provisions, the deadline to establish and enforce claims or defend them (limitation period).
If we process Data for the purpose of presenting you with offers of financing purchase by entities with which we cooperate, they are stored for the period necessary to present you with an offer and conclude a contract, but not longer than until the end of the procedure of granting external financing. In the event of the conclusion of a financing agreement, the data retention period shall be determined by the financing entity.
The storage of your Personal Data in connection with processing them for analytical, statistical and other purposes related to improving the functioning of the Website, as well as increasing its security, lasts for the period necessary to achieve the purpose for which the Data are used. Depending on the purpose, this period may vary, but we make every effort to store these Data in the shortest possible time, not more than a few months.
Personal data stored in order to offer you products and services directly (so-called direct marketing) are stored for the period of time when you have a user account on the Website.
Personal data processed in order to comply with applicable legal provisions, e.g. accounting, tax and other matters, are stored by us for the period resulting from these provisions.
If we process your Personal Data for the purposes specified in your consent, this Data are stored for the period necessary to achieve these purposes. Retention period may vary depending on the purpose and the time needed to achieve it.
6. To which entities can we share your data?
The Poleasingowe.pl Website is used to present online auctions of remarketing vehicles and other objects coming from leasing, rental, etc. The Website enables concluding agreements between entities possessing vehicles and Users. If you enter into an agreement for the purchase of a vehicle or other object, your personal data will be made available by us to the entity that commissioned us to carry out the auction (the owner of the object). Making your Personal Data available is necessary for you to conclude a vehicle purchase agreement, including the issuance of appropriate accounting documents (VAT invoice, VAT margin invoice) and the fulfilment by this entity of legal obligations imposed on it, e.g. with respect to money laundering and terrorist financing. Upon disclosure, the entity receiving the Personal Data becomes an independent Controller.
A list of entities to which we provide access to personal data, together with the information clauses of these entities, can be found at the following link.
We also make personal data available to courts and other authorised bodies, if they request the transfer of such data on the basis of applicable law.
We also provide your personal data to our service providers (as processors) who process them on our behalf in connection with the provision of IT, telecommunication, technical, logistic, accounting, legal, auditing and advisory services to us. In particular, in the field of storage and transport of items, these are:
If you express an interest in obtaining external financing for your purchase (leasing, credit, etc.), your Data will be made available to entities that offer such services, in order to present you with an offer.
You must know that we do not transfer your Personal Data outside of the EU/European Economic Area.
7. Your rights in relation to the processing of your personal data by us
Right of access to and receive a copy of Personal Data (Article 15 of the GDPR).
You have the right to obtain confirmation from us that we process your Personal Data, as well as information about the purposes of the processing, the categories of Personal Data processed, the recipients or categories of recipients, the planned retention period of Personal Data or the criteria for determining this period, your rights under the GDPR and your right to lodge a complaint with the supervisory authority and automated decision making, including profiling. In addition, you are entitled to receive a copy of the Personal Data we process about you.
The right to rectify (correct) your data (Article 16 of the GDPR).
You have the right to rectify your Personal Data if you believe that they are incorrect and to complete your Data if they are incomplete. The easiest way to do this is by logging in to your account and selecting the appropriate option on the User's profile.
The right to erase data (Article 17 of the GDPR).
You may request that we delete your Personal Data in the event that:
Although you have requested that we delete your Personal Data, we may retain certain Personal Data necessary to establish and pursue or defend against claims, as well as to the extent permitted by applicable national and European Union law.
Right to restrict data processing (Article 18 of the GDPR).
You are entitled to limit the processing of Personal Data. You can exercise this right when:
However, in the cases set out in the GDPR, this limitation may not occur (e.g. when data are processed for the purpose of establishing, asserting or defending claims).
The right to transfer data (Article 20 of the GDPR):
Where your Personal Data are processed on the basis of consent or on the basis of an agreement, as well as where the processing is automated, you have the right to receive Data relating to you in a structured, commonly used machine-readable format. You can also transfer those data to another Controller.
Right to object to data processing (Article 21 of the GDPR)
If the processing of your personal data is based on legitimate interests of the Controller or the interests of a third party, you are entitled to object at any time for reasons related to your specific situation. If you make an objection, we analyze the particular situation you have presented in the context of the legitimate grounds for the processing of Personal Data by us.
The above right is not granted if the processing of Data results from the necessity to establish, assert or defend claims.
The right to lodge a complaint to the supervisory body (Article 77 of the GDPR)
You have the right to lodge a complaint to the supervisory authority (in the case of Poland it will be the President of the Office for the Protection of Personal Data), if you believe that the processing of Personal Data violates the GDPR.
Right to withdraw consent to the processing of personal data
You can revoke your consent to the processing of Personal Data by us at any time. Remember that the withdrawal of consent does not affect the processing made on its basis, which took place before its withdrawal.
8. Profiling and automated decision making (Article 22 of the GDPR).
We may use profiling tools to provide the highest level of service to our Users, including in a manner tailored to their individual needs.
Profiling means any form of automated processing of personal data which involves the use of personal data to evaluate certain personal factors relating to a natural person, in particular for analysing or forecasting aspects of personal preference, hobbies, reliability, behaviour, location or movement. The operation of the Website based on profiling may consist in collecting data on the behaviour of its Users (in the form of cookies), and then automatically processing them in order to present Users with offers that best suit their preferences. The User is entitled to object to the processing of personal data for profiling purposes.
In connection with your use of the Website, you are not subject to decisions that are based solely on automated processing, including profiling, that could have legal effects on you or have a similar material impact on you.
9. Cookies and Web Push notifications.
If you agree, the Website will send you a WebPush notification. Consent is given by clicking on the appropriate icon in the message sent by your web browser. Remember that you can revoke your consent to receive WebPush notifications at any time.
10. Direct marketing.
If the User has agreed to receive marketing information via electronic means of communication (e-mail, SMS or other), his Personal Data will be processed in connection with the transmission of such information. In the case of direct marketing, the basis for the processing of Personal Data is the Controller's legitimate interest and the sending of information takes place within the scope of the User's consent to receive commercial information. This consent may be revoked at any time.
11. What we do to keep your data safe!
We make every effort to protect your privacy. The security of your data is a priority for us. That is why we implement and refine a number of technical and organizational solutions to protect them. We are constantly working on new methods of protecting them and improving the existing ones. We process only those Data that are necessary for us to provide services to you, including the conclusion of contracts by you through the Website. Thanks to our internal procedures and policies, we can be sure that your data will not be passed on to unauthorized entities and that the circle of entities involved in their processing is as narrow as possible.
12. How to contact us and how to exercise your rights.
If you have any questions or comments regarding our processing of your Personal Data, please contact us at: firstname.lastname@example.org. This address is also appropriate if you wish to exercise your rights to process Personal Data.