- What information we collect about you
- How we use information we collect
- How we share information we collect
- How we store and secure information we collect
- How to access and control your information
- How we transfer information we collect internationally
- Other important privacy information
- Spartez Software role as a data processor
- Data processing information clause for employee
- Data processing information clause for consultant
- Data processing information clause for candidate
Generally, personal data is shared with Spartez Software voluntarily and the processing is conducted on the basis of EULA, therefore, if you refuse to provide the data, no agreement will able to be concluded or executed.
Where we provide the Services under contract with an organization (for example your employer) that organization controls the information processed by the Services. For more information, please see Notice to End Users below.
What information we collect about you
We collect information about you when you provide it to us, when you use our Services, and when other sources provide it to us, as further described below.
Information you provide to us
We collect information about you when you input it into the Services or otherwise provide it directly to us.
Content you provide through our products: The Services include the Spartez Software products you use, where we collect and store content that you post, send, receive and share. This content includes any information about you that you may choose to include. One example of content we collect and store include any feedback you provide to us. Content also includes the files and links you upload to the Services. If you use a server or data center version of the Services, we do not host, store, transmit, receive or collect information about you (including your content), except in limited cases, where permitted by your administrator: we collect feedback you provide directly to us through the product and; we collect content using analytics techniques that hash, filter or otherwise scrub the information to exclude information that might identify you or your organization; and we collect clickstream data about how you interact with and use features in the Services; and in order to improve our offering and support quality we may occasionally collect information about other services you use that may interact with our Service. This may include plug-in type and licence information. Server and data center administrators can disable our collection of this information from the Services via the administrator settings or prevent this information from being shared with us by blocking transmission at the local network level.
Content you provide through our websites: The Services also include our websites owned or operated by us. We collect other content that you submit to these websites, which include social media or social networking websites operated by us. For example, you provide content to us when you provide feedback or when you participate in any interactive features, surveys, contests, promotions, sweepstakes, activities or events.
Information you provide through our support channels: The Services also include our customer support, where you may choose to submit information regarding a problem you are experiencing with a Service. Whether you designate yourself as a technical contact, open a support ticket, speak to one of our representatives directly or otherwise engage with our support team, you will be asked to provide contact information, a summary of the problem you are experiencing, and any other documentation, screenshots or information that would be helpful in resolving the issue.
Information we collect automatically when you use the Services
We collect information about you when you use our Services, including browsing our websites and taking certain actions within the Services.
Your use of the Services: We keep track of certain information about you when you visit and interact with any of our Services. This information includes the features you use; the links you click on; the type, size and filenames of attachments you upload to the Services; frequently used search terms; and how you interact with others on the Services. We also collect information about the teams and people you work with and how you work with them, like who you collaborate with and communicate with most frequently. If you use a server or data center version of the Services, the information we collect about your use of the Services is limited to clickstream data about how you interact with and use features in the Services, in addition to content-related information described in "Content you provide through our products," above. Server and data center administrators can disable our collection of this information from the Services via the administrator settings or prevent this information from being shared with us by blocking transmission at the local network level.
Device and Connection Information: We collect information about your computer, phone, tablet, or other devices you use to access the Services. This device information includes your connection type and settings when you install, access, update, or use our Services. We also collect information through your device about your operating system, browser type, IP address, URLs of referring/exit pages, device identifiers, and crash data. We use your IP address and/or country preference in order to approximate your location to provide you with a better Service experience. How much of this information we collect depends on the type and settings of the device you use to access the Services. Server and data center Service administrators can disable collection of this information via the administrator settings or prevent this information from being shared with us by blocking transmission at the local network level.
Information we receive from other sources
We receive information about you from other Service users, from third-party services, from our related companies, and from our business and channel partners.
Other users of the Services: Other users of our Services may provide information about you when they submit content through the Services. For example, you may be mentioned in a software issue opened by someone else. We also receive your email address from other Service users when they provide it in order to invite you to the Services. Similarly, an administrator may provide your contact information when they designate you as the billing or technical contact on your company's account.
Other Partners: We receive information about you and your activities on and off the Services from third-party partners, such as advertising and market research partners who provide us with information about your interest in and engagement with, our Services and online advertisements.
How we use information we collect
How we use the information we collect depends in part on which Services you use, how you use them, and any preferences you have communicated to us. Below are the specific purposes for which we use the information we collect about you.
To provide the Services and personalize your experience: We use information about you to provide the Services to you, including to process transactions with you, authenticate you when you log in, provide customer support, and operate and maintain the Services. For example, we use the name and picture you provide in your account to identify you to other Service users. Our Services also include tailored features that personalize your experience, enhance your productivity, and improve your ability to collaborate effectively with others by automatically analyzing the activities of your team to provide search results, activity feeds, notifications, connections and recommendations that are most relevant for you and your team. For example, we may use your stated job title and activity to return search results we think are relevant to your job function. We also use information about you to connect you with other team members seeking your subject matter expertise. We may use your email domain to infer your affiliation with a particular organization or industry to personalize the content and experience you receive on our websites. Where you use multiple Services, we combine information about you and your activities to provide an integrated experience, such as to allow you to find information from one Service while searching from another or to present relevant product information as you travel across our websites.
For research and development: We are always looking for ways to make our Services smarter, faster, secure, integrated, and useful to you. We use collective learnings about how people use our Services and feedback provided directly to us to troubleshoot and to identify trends, usage, activity patterns and areas for integration and improvement of the Services. We automatically analyze and aggregate frequently used search terms to improve the accuracy and relevance of suggested topics that auto-populate when you use the search feature. In some cases, we apply these learnings across our Services to improve and develop similar features or to better integrate the services you use. We also test and analyze certain new features with some users before rolling the feature out to all users.
To communicate with you about the Services: We use your contact information to send transactional communications via email and within the Services, including confirming your purchases, reminding you of subscription expirations, responding to your comments, questions and requests, providing customer support, and sending you technical notices, updates, security alerts, and administrative messages. We send you email notifications when you or others interact with you on the Services, for example, when you are @mentioned on a page or ticket or when a task if assigned to you. We also provide tailored communications based on your activity and interactions with us. For example, certain actions you take in the Services may automatically trigger a feature or third-party app suggestion within the Services that would make that task easier. We also send you communications as you onboard to a particular Service to help you become more proficient in using that Service. These communications are part of the Services and in most cases you cannot opt out of them. If an opt out is available, you will find that option within the communication itself or in your account settings.
To market, promote and drive engagement with the Services: We use your contact information and information about how you use the Services to send promotional communications that may be of specific interest to you, including by email (exclusively if you consent) and by displaying Spartez Software ads on other companies' websites and applications, as well as on platforms like Facebook and Google. These communications are aimed at driving engagement and maximizing what you get out of the Services, including information about new features, survey requests, newsletters, and events we think may be of interest to you. We also communicate with you about new product offers, promotions and contests. You can control whether you receive these communications.
Customer support: We use your information to resolve technical issues you encounter, to respond to your requests for assistance, to analyze crash information, and to repair and improve the Services.
For safety and security: We use information about you and your Service use to verify accounts and activity, to monitor suspicious or fraudulent activity and to identify violations of Service policies.
To protect our legitimate business interests and legal rights: Where required by law or where we believe it is necessary to protect our legal rights, interests and the interests of others, we use information about you in connection with legal claims, compliance, regulatory, and audit functions, and disclosures in connection with the acquisition, merger or sale of a business.
With your consent: We use information about you where you have given us consent to do so for a specific purpose not listed above. For example, we may publish testimonials or featured customer stories to promote the Services, with your permission.
Legal bases for processing (for EEA users): If you are an individual in the European Economic Area (EEA), we collect and process information about you only where we have legal bases for doing so under applicable EU laws. The legal bases depend on the Services you use and how you use them. This means we collect and use your information only where:
- We need it to provide you the Services, including to operate the Services, provide customer support and personalized features and to protect the safety and security of the Services;
- It satisfies a legitimate interest (which is not overridden by your data protection interests), such as for research and development, to market and promote the Services and to protect our legal rights and interests;
- You give us consent to do so for a specific purpose; or
- We need to process your data to comply with a legal obligation.
If you have consented to our use of information about you for a specific purpose, you have the right to change your mind at any time, but this will not affect any processing that has already taken place. Where we are using your information because we or a third party (e.g. your employer) have a legitimate interest to do so, you have the right to object to that use though, in some cases, this may mean no longer using the Services. How we share information we collectWe make collaboration tools, and we want them to work well for you. This means sharing information through the Services and with certain third parties. We share information we collect about you in the ways discussed below, including in connection with possible business transfers, but we are not in the business of selling information about you to advertisers or other third parties.
Sharing with other Service users
When you use the Services, we share certain information about you with other Service users.
For collaboration: You can create content, which may contain information about you, and grant permission to others to see, share, edit, copy and download that content based on settings you or your administrator (if applicable) select. Some of the collaboration features of the Services display some or all of your profile information to other Service users when you share or interact with specific content. For example, when you comment on a in- product page, we display your profile picture and name next to your comments so that other users with access to the page or issue understand who made the comment. Please be aware that some aspects of the Services can be made publicly available, meaning any content posted, including information about you, can be publicly viewed and indexed by and returned in search results of search engines. You can confirm whether certain Service properties are publicly visible from within the Services or by contacting the relevant administrator.
Sharing with third parties
We share information with third parties that help us operate, provide, improve, integrate, customize, support and market our Services.
Service Providers: We work with third-party service providers to provide website and application development, hosting, maintenance, backup, storage, virtual infrastructure, payment processing, analysis and other services for us, which may require them to access or use information about you. If a service provider needs to access information about you to perform services on our behalf, they do so under close instruction from us, including policies and procedures designed to protect your information.
Spartez Software Partners: We work with third parties who provide consulting, sales, and technical services to deliver and implement customer solutions around the Services. We may share your information with these third parties in connection with their services, such as to assist with billing and collections, to provide localized support, and to provide customizations. We may also share information with these third parties where you have agreed to that sharing.
Social Media Widgets: The Services may include links that direct you to other websites or services whose privacy practices may differ from ours. Your use of and any information you submit to any of those third-party sites is governed by their privacy policies, not this one.
With your consent: We share information about you with third parties when you give us consent to do so. For example, we often display personal testimonials of satisfied customers on our public websites. With your consent, we may post your name alongside the testimonial.
Compliance with Enforcement Requests and Applicable Laws; Enforcement of Our Rights: In exceptional circumstances, we may share information about you with a third party if we believe that sharing is reasonably necessary to (a) comply with any applicable law, regulation, legal process or governmental request, including to meet national security requirements, (b) enforce our agreements, policies and terms of service, (c) protect the security or integrity of our products and services, (d) protect Spartez Software, our customers or the public from harm or illegal activities, or (e) respond to an emergency which we believe in good faith requires us to disclose information to assist in preventing the death or serious bodily injury of any person.
Sharing with affiliated companies
Spartez companies: We share information we have about you with Spartez corporate affiliates in order to operate and improve products and services and to offer (subject to your consent) other Spartez affiliated services to you. By Spartez corporate affiliates we mean Spartez Software sp. z o.o. sp.k. and Spartez Sp. z o.o. Sp.k.
Information storage and security
We use industry standard technical and organizational measures to secure the information we store. While we implement safeguards designed to protect your information, no security system is impenetrable and due to the inherent nature of the Internet, we cannot guarantee that data, during transmission through the Internet or while stored on our systems or otherwise in our care, is absolutely safe from intrusion by others.If you use our server or data center Services, responsibility for securing storage and access to the information you put into the Services rests with you and not Spartez Software. We strongly recommend that server or data center users configure SSL to prevent interception of data transmitted over networks and to restrict access to the databases and other storage points used.
How long we keep information
How long we keep information we collect about you depends on the type of information, as described in further detail below. After such time, we will either delete or anonymize your information or, if this is not possible (for example, because the information has been stored in backup archives), then we will securely store your information and isolate it from any further use until deletion is possible. The personal data will be processed until the expiry of the period of limitation for reciprocal claims and the period of storing of accounting documents required by law.
Account information: We retain your account information for as long as your account is active and a reasonable period thereafter in case you decide to re-activate the Services. We also retain some of your information as necessary to comply with our legal obligations, to resolve disputes, to enforce our agreements, to support business operations, and to continue to develop and improve our Services. Where we retain information for Service improvement and development, we take steps to eliminate information that directly identifies you, and we only use the information to uncover collective insights about the use of our Services, not to specifically analyze personal characteristics about you.
Information you share on the Services: If your account is deactivated or disabled, some of your information and the content you have provided will remain in order to allow your team members or other users to make full use of the Services. For example, we continue to display messages you sent to the users that received them and continue to display content you provided.
Managed accounts: If the Services are made available to you through an organization (e.g., your employer), we retain your information as long as required by the administrator of your account. For more information, see "Managed accounts and administrators" above.
Marketing information: If you have elected to receive marketing emails from us, we retain information about your marketing preferences for a reasonable period of time from the date you last expressed interest in our Services, such as when you last opened an email from us or ceased using your Spartez Software account. We retain information derived from cookies and other tracking technologies for a reasonable period of time from the date such information was created. How to access and control your informationYou have certain choices available to you when it comes to your information. Below is a summary of those choices, how to exercise them and any limitations.
You have the right to request a copy of your information (access), to object to our use of your information (including for marketing purposes), to request the deletion (erasure) or restriction of your information, or to request your information in a structured, electronic format (portability). If you believe we store incorrect information about you, you can request that we correct or supplement your data (Right to rectification).Right to lodge a complaint with a supervisory authority: If you are not satisfied with the way Spartez Software processes your personal data or responds to your application or request, you have the right to lodge a complaint with a supervisory authority:Urząd Ochrony Danych Osobowych, ul. Stawki 2, 00-193 Warszawa, tel. 22 531 03 00, fax. 22 531 03 01.Below, we describe the tools and processes for making these requests. You can exercise some of the choices by logging into the Services and using settings available within the Services or your account. Where the Services are administered for you by an administrator (see "Notice to End Users" below), you may need to contact your administrator to assist with your requests first. For all other requests, you may contact us as provided in the Contact Us section below to request assistance.Your request and choices may be limited in certain cases: for example, if fulfilling your request would reveal information about another person, or if you ask to delete information which we or your administrator are permitted by law or have compelling legitimate interests to keep. Where you have asked us to share data with third parties, for example, by installing third-party apps, you will need to contact those third-party service providers directly to have your information deleted or otherwise restricted. If you have unresolved concerns, you may have the right to complain to a data protection authority in the country where you live, where you work or where you feel your rights were infringed.
Access and update your information: Our Services give you the ability to access and update certain information about you from within the Service. For example, you can access your profile information from your account and search for content containing information about you using key word searches in the Service. You can update your profile information within your profile settings and modify content that contains information about you using the editing tools associated with that content.
Deactivate your account: If you no longer wish to use our Services, you or your administrator may be able to deactivate your Services account. If you can deactivate your own account, that setting is available to you in your account settings. Otherwise, please contact your administrator. If you are an administrator and are unable to deactivate an account through your administrator settings, please contact Spartez Software support. Please be aware that deactivating your account does not delete your information; your information remains visible to other Service users based on your past participation within the Services. For more information on how to delete your information, see below.
Delete your information: Our Services give you the ability to delete certain information about you from within the Service. For example, you can remove content that contains information about you and editing tools associated with that content, and you can remove certain profile information within your profile settings. Please note, however, that we may need to retain certain information for record keeping purposes, to complete transactions or to comply with our legal obligations.
Request that we stop using your information: In some cases, you may ask us to stop accessing, storing, using and otherwise processing your information where you believe we don't have the appropriate rights to do so. For example, if you believe a Services account was created for you without your permission or you are no longer an active user, you can request that we delete your account as provided in this policy. Where you gave us consent to use your information for a limited purpose, you can contact us to withdraw that consent, but this will not affect any processing that has already taken place at the time. When you make such requests, we may need time to investigate and facilitate your request. If there is delay or dispute as to whether we have the right to continue using your information, we will restrict any further use of your information until the request is honored or the dispute is resolved, provided your administrator does not object (where applicable). If you object to information about you being shared with a third-party app, please disable the app or contact your administrator to do so.
Opt out of communications: You may opt out of receiving promotional communications from us by using the unsubscribe link within each email, updating your email preferences within your Service account settings menu, or by contacting us as provided below to have your contact information removed from our promotional email list or registration database. Even after you opt out from receiving promotional messages from us, you will continue to receive transactional messages from us regarding our Services. You can opt out of some notification messages in your account settings.
Turn off Cookie Controls: Relevant browser-based cookie controls are described in our Cookies & Tracking Notice.
Send "Do Not Track" Signals: Some browsers have incorporated "Do Not Track" (DNT) features that can send a signal to the websites you visit indicating you do not wish to be tracked. Because there is not yet a common understanding of how to interpret the DNT signal, our Services may not currently respond to browser DNT signals. You can use the range of other tools we provide to control data collection and use, including the ability to opt out of receiving marketing from us as described above.
Data portability: Data portability is the ability to obtain some of your information in a format you can move from one service provider to another (for instance, when you transfer your mobile phone number to another carrier). Depending on the context, this applies to some of your information, but not to all of your information. Should you request it, we will provide you with an electronic file of your basic account information and the information you create on the spaces you under your sole control. How we transfer information we collect internationally
International transfers of information we collect
We collect information globally and may transfer, process and store your information outside of your country of residence, to wherever we or our third-party service providers operate for the purpose of providing you the Services. Whenever we transfer your information, we take steps to protect it.
Other important privacy information
Notice to End Users
Many of our products are intended for use by organizations. Where the Services are made available to you through an organization (e.g. your employer), that organization is the administrator of the Services and is responsible for the accounts and/or Service sites over which it has control. If this is the case, please direct your data privacy questions to your administrator, as your use of the Services is subject to that organization's policies. We are not responsible for the privacy or security practices of an administrator's organization, which may be different than this policy. Administrators are able to:
- require you to reset your account password;
- restrict, suspend or terminate your access to the Services;
- access information in and about your account;
- access or retain information stored as part of your account;
- install or uninstall third-party apps or other integrations
In some cases, administrators can also:
- restrict, suspend or terminate your account access;
- change the email address associated with your account;
- change your information, including profile information;
- restrict your ability to edit, restrict, modify or delete information
Even if the Services are not currently administered to you by an organization, if you use an email address provided by an organization (such as your work email address) to access the Services, then the owner of the domain associated with your email address (e.g. your employer) may assert administrative control over your account and use of the Services at a later date. You will be notified if this happens. If you do not want an administrator to be able to assert control over your account or use of the Services, use your personal email address to register for or access the Services. If an administrator has not already asserted control over your account or access to the Services, you can update the email address associated with your account through your account settings in your profile. Once an administrator asserts control over your account or use of the Services, you will no longer be able to change the email address associated with your account without administrator approval.Please contact your organization or refer to your administrator’s organizational policies for more information.
Our policy towards children
The Services are not directed to individuals under 16. We do not knowingly collect personal information from children under 16. If we become aware that a child under 16 has provided us with personal information, we will take steps to delete such information. If you become aware that a child has provided us with personal information, please contact our support services.
Cookies and Other Tracking Technologies:
Spartez Software and our third party partners, such as our advertising and analytics partners, use various technologies to collect information, such as cookies and web beacons.
What types of technologies do we use?
Where strictly necessary. These cookies and other technologies are essential in order to enable the Services to provide the feature you have requested, such as remembering you have logged in.
For functionality. These cookies and similar technologies remember choices you make such as language or search parameters. We use these cookies to provide you with an experience more appropriate with your selections and to make your use of the Services more tailored.
For performance and analytics. These cookies and similar technologies collect information on how users interact with the Services and enable us to improve how the Services operate. For example, we use Google Analytics cookies to help us understand how visitors arrive at and browse our products and website to identify areas for improvement such as navigation, user experience, and marketing campaigns.
Targeting Cookies or Advertising Cookies. These cookies collect information about your browsing habits in order to make advertising relevant to you and your interests. They remember the websites you have visited and that information is shared with other parties such as advertising technology service providers and advertisers.
Social media cookies. These cookies are used when you share information using a social media sharing button or “like” button on our websites or you link your account or engage with our content on or through a social media site. The social network will record that you have done this. This information may be linked to targeting/advertising activities.
How can you opt-out?
Updates to this Notice
This Cookies & Tracking Notice may be updated from time to time. If we make any changes, we will notify you by revising the "effective starting" date at the top of this notice
Spartez Software as a Processor
Spartez Software provides services to various customers. If you are an end-user of Spartez Software products as a customer, then Spartez Software may be processing your personal data in the capacity of a Processor, in which case the customer (your employer/principal) acts as the Controller of your personal data processing. Our customers determine the purposes of personal data processing by adapting and configuring the products. Such processing carried out by Spartez Software is regulated by data processing agreements with customers, whereby Spartez Software only processes personal data on documented instructions from the Controller. If you have any questions or requests with respect to such processing, you should contact your employer/principal. If you are an employee of one of our customers and would no longer like us to process your information in connection with Spartez Software services please contact your employer.If you are a Controller and believe Spartez Software is processing your personal data in the capacity of a Processor, you may request signing Model Data Processor Agreement for Spartez Software Add-On Customers (DPA). In that case please let us know at email@example.com.
Your information is controlled by Spartez Software sp. z o.o. sp.k. with registered seat in Gdańsk, ul. Bernarda Chrzanowskiego 11, Poland, Court Registration Number (KRS) 0000764266, VAT No. PL5833005538.
If you have questions or concerns about how your information is handled, please direct your inquiry to Jakub Gosz our Data Protection Officer for Spartez Software Sp. z o.o. Sp. k. , or Olga Sklyarova for Spartez Sp. z o.o. Sp.k. at firstname.lastname@example.org.
PROCESSING OF EMPLOYEE PERSONAL DATA
The Controller of personal data provided in connection with the employment is Spartez sp. z o.o. sp. k., in Gdańsk 80-278, St. Bernarda Chrzanowskiego 11, KRS 0000572100, NIP 5842727722 or Spartez Software sp. z o.o. sp.k., St. Bernarda Chrzanowskiego 11, 80-278 Gdańsk, KRS 0000764266, NIP 5833005538. To determine which of the Spartez companies is relevant in your case, please refer to your contract under “employer”.Personal data is processed solely for the purpose of employment. In case of employment contract, data in the scope specified in the Labour Code – the Act of 26 June 1974 (Dz.U. [Polish Journal of Laws] of 1974 No. 24 item 141 as amended) and implementing acts is provided voluntarily and processed on the basis of the above-mentioned laws. If data is not provided, employment is not possible. Additional data in the employment documents is provided voluntarily and processed on the basis of separate consent which may be withdrawn at any time without affecting the lawfulness of data processing carried out on the basis of the consent before its withdrawal. This includes: name and date of birth of children, size of family members' shirts (in order to organize occasional events for employees, purchase and delivery of relevant gifts for employees and their family members), employees image, contact person in case of an accident information, and other information shared at employees own initiative. Refusing to grant consent for processing of additional data will result in lack of possibility to benefit or participate in certain employee benefits or programs. The employer has the right to request information on the first and last names and dates of birth of the children of certain employees, which is related to the entitlements of such employees who have children of a certain age, as provided for in art. 139, 178 § 2, art. 188 of the Labor Code. In some cases, if an employee is not an EEA citizen, the employer may require additional data in the scope provided by the relevant laws in order to verify or apply for employees right to live and work in Poland. This data is processed on the basis of employers legitimate business (verification of entitlement to acquire employment).Employee’s data will be processed only as long as it is required by the generally applicable law. Additional data in the employment documents, provided voluntarily, will be processed only as long as consent was not withdrawn or until termination of employment.Personal data of employees will not be disclosed to any other entities save for those entities commissioned by the Controller to process such data for the purpose of proper handling of the employment processes, e.g. IT services providers, business consultants. However, such entities process the data on the basis of an agreement concluded with the Controller and solely as instructed by the Controller, and may not use personal data for other purposes. Therefore, this may involve transfer of data outside the European Economic Area. In this case, personal data is protected by standard data protection clauses accepted or approved by the European Commission, or another measure that, in accordance with the GDPR, provides adequate safeguards for transfers to third countries (eg Privacy Shield). The data subject may request a copy of the transferred data and an indication of the place where they are made available. In this case, please contact the Controller or the data protection officer. Employee’s data may be also disclosed to authorized entities as long as it is required by the generally applicable law.Personal data will not be used for automated decision-making processes, including profiling. Each person whose personal data is processed, has the right of access, demand rectification, erasure or restriction of processing of personal data, the right to object processing of personal data, the right to transfer personal data, and the right to lodge a complaint with a supervisory authority. In all cases connected with processing personal data by the Controller, including information about adequate safeguards on protection of personal data applied in connection with providing personal data, please contact the data protection officer at the e-mail address: email@example.com.
PROCESSING OF CONSULTANTS PERSONAL DATA
The Controller of personal data provided in connection with the employment is Spartez sp. z o.o. sp. k., in Gdańsk 80-278, St. Bernarda Chrzanowskiego 11, KRS 0000572100, NIP 5842727722 or Spartez Software sp. z o.o. sp.k., St. Bernarda Chrzanowskiego 11, 80-278 Gdańsk, KRS 0000764266, NIP 5833005538. To determine which of the Spartez companies is relevant in your case, please refer to your contract under “contactor”.Personal data is processed on the basis of and in accordance with the master agreement under which you started the collaboration. The data in the scope specified in the contract is provided voluntarily. If data is not provided, cooperation is not possible. Additional data (not required for cooperation) is provided voluntarily and processed on the basis of separate consent which may be withdrawn at any time without affecting the lawfulness of data processing carried out on the basis of the consent before its withdrawal. This includes: name and date of birth of children, size of family members' shirts (in order to organize occasional events for consultants, purchase and delivery of relevant gifts for consultants and their family members), consultants image, contact person in case of an accident information and other information shared at consultants own initiative. Refusing to grant consent for processing of additional data will result in lack of possibility to benefit or participate in certain consultants benefits or programs. In some cases, if a consultant is not an EEA citizen, the contractor (Spartez) may require additional data in the scope provided by the relevant laws in order to verify or apply for employees right to live and provide services in Poland. This data is processed on the basis of contractors (Spartez’) legitimate business (verification of entitlement to provide services).Consultant’s data will be processed only as long as it is required by the generally applicable law. Additional data in the consultants documents, provided voluntarily, will be processed only as long as consent was not withdrawn or until termination of cooperation.Personal data of consultants will not be disclosed to any other entities save for those entities commissioned by the Controller to process such data for the purpose of proper handling of the HR processes, e.g. IT services providers, business consultants. However, such entities process the data on the basis of an agreement concluded with the Controller and solely as instructed by the Controller, and may not use personal data for other purposes. Therefore, this may involve transfer of data outside the European Economic Area. In this case, personal data is protected by standard data protection clauses accepted or approved by the European Commission, or another measure that, in accordance with the GDPR, provides adequate safeguards for transfers to third countries (eg Privacy Shield). The data subject may request a copy of the transferred data and an indication of the place where they are made available. In this case, please contact the Controller or the data protection officer. Consultant’s data may be also disclosed to authorized entities as long as it is required by the generally applicable law.Personal data will not be used for automated decision-making processes, including profiling. Each person whose personal data is processed, has the right of access, demand rectification, erasure or restriction of processing of personal data, the right to object processing of personal data, the right to transfer personal data, and the right to lodge a complaint with a supervisory authority. In all cases connected with processing personal data by the Controller, including information about adequate safeguards on protection of personal data applied in connection with providing personal data, please contact the data protection officer at the e-mail address: firstname.lastname@example.org.
PROCESSING OF CANDIDATE PERSONAL DATA
The Controller of personal data provided in connection with the employment is Spartez sp. z o.o. sp. k., in Gdańsk 80-278, St. Bernarda Chrzanowskiego 11, KRS 0000572100, NIP 5842727722 or Spartez Software sp. z o.o. sp.k., St. Bernarda Chrzanowskiego 11, 80-278 Gdańsk, KRS 0000764266, NIP 5833005538, as indicated in the contents of your consent.Personal data are processed solely for recruitment purposes. In case of applying for job offered under an employment contract, data in the scope specified in the Labour Code – the Act of 26 June 1974 (Dz.U. [Polish Journal of Laws] of 1974 No. 24 item 141 as amended) and implementing acts are provided voluntarily but are necessary for the recruitment. The data are processed on the basis of the above-mentioned laws. Additional data in the application documents, as well as data provided when applying for a collaborator (a civil law contract) are provided voluntarily and processed on the basis of consent which may be withdrawn at any time without affecting the lawfulness of data processing carried out on the basis of the consent before its withdrawal. In some cases, if you are not an EEA citizen, we may require additional data in the scope provided by the relevant laws in order to verify or apply for your right to live and work in Poland. We process this data on the basis of our legitimate business (verification of entitlement to acquire employment).Candidates’ data – solely their first and last name and the date of birth – will be processed for 18 months following the completion of the recruitment process in which a given candidate participated. This results from the recruitment policy adopted by our companies which excludes a candidate from participating in another recruitment process in less than 18 months. If a candidate voluntarily consents to participating in future recruitments, his or her personal data will be processed for 18 months following the completion of the recruitment processing which this candidate participated.Personal data of candidates will not be disclosed to any other entities save for those entities commissioned by the Controller to process such data for the purpose of proper handling of the recruitment processes, e.g. IT services providers, business consultants. However, such entities process the data on the basis of an agreement concluded with the Controller and solely as instructed by the Controller, and may not use personal data for other purposes. Therefore, this may involve transfer of data outside the European Economic Area. In this case, personal data is protected by standard data protection clauses accepted or approved by the European Commission, or another measure that, in accordance with the GDPR, provides adequate safeguards for transfers to third countries (eg Privacy Shield). The data subject may request a copy of the transferred data and an indication of the place where they are made available. In this case, please contact the controller or the data protection officer.Personal data will not be used for automated decision-making processes, including profiling. Each person whose personal data are processed, has the right of access, demand rectification, erasure or restriction of processing of personal data, the right to object processing of personal data, the right to transfer personal data, and the right to lodge a complaint with a supervisory authority. In all cases connected with processing personal data by the Controller, including information about adequate safeguards on protection of personal data applied in connection with providing personal data, please contact the Data Protection Officer at the e-mail address: email@example.com.
ADDENDUM: DATA PROCESSOR AGREEMENT
FOR SPARTEZ SOFTWARE ADD-ON CUSTOMERS
This agreement regarding processing of personal data (the “Data Processor Agreement”) regulates Spartez Software sp. z o.o. sp.k. ul. Bernarda Chrzanowskiego 11 80-278 Gdańsk, Poland, registration number (KRS) 0000764266, VAT No. PL5833005538 (the “Data Processor”) the processing of personal data on behalf of the customer (the “Data Controller”) and is attached as an addendum to the EULA in which the parties have agreed the terms for the Data Processor’s delivery of services to the Data Controller.
The Data Processor Agreement shall ensure that the Data Processor complies with the applicable data protection and privacy legislation (the “Applicable Law”), including in particular The General Data Protection Regulation (GDPR) (Regulation (EU) 2016/679).
The purpose of processing under the EULA is the provision of the Services by the Data Processor as specified in the EULA. In connection with the Data Processor’s delivery of the Services to the Data Controller, the Data Processor will process certain categories and types of the Data Controller’s personal data on behalf of the Data Controller.
”Personal data” includes “any information relating to an identified or identifiable natural person” as defined in GDPR, article 4 (1) (1) (the ”Personal Data”). The Data Processor processes the following types of Personal Data in connection with its delivery of the Services under EULA:
email, IP, name and surname, license number, Atlassian user key, user language, user browser information (browser, version, locale, operating system, user agent, timezone).
The Data Processor processes personal data about the following categories of data subjects on behalf of the Customer:
Tech contacts, billing contacts, partners, end-users (e.g. customer employees using our applications or contacting us via the support channel)
The Data Processor only performs processing activities necessary and relevant to provide the Services. The categories and types of Personal Data processed by the Data Processor shall be updated whenever changes occur that require an update.
The Data Processor may only act and process the Personal Data in accordance with the documented instruction from the Data Controller (the “Instruction”), unless required by law to act without such instruction. The Instruction at the time of entering into this Data Processor Agreement (DPA) is that the Data Processor may only process the Personal Data with the purpose of delivering the Services as described in the EULA.
The Data Controller guarantees to process Personal Data in accordance with the requirements of Data Protection Laws and Regulations. The Data Controller will be solely responsible for the accuracy, quality, and legality of Personal Data and the means by which they were obtained.
The Data Processor will inform the Data Controller of any instruction deemed to be in violation of the Applicable Law and will not execute the instructions until they have been confirmed or modified.
The Data Processor shall treat all the Personal Data as strictly confidential information. The Personal Data may not be copied, transferred or otherwise processed in conflict with the EULA or DPA, unless the Data Controller has agreed to same in writing.
The Data Processor’s employees shall be subject to the confidentiality obligation to ensure that they treat all the Personal Data under this DPA with strict confidentiality.
Personal Data will only be made available to that personnel which require access to such Personal Data for the purpose of providing Services under EULA and this Data Processor Agreement.
The Data Processor shall implement the appropriate technical and organizational measures as set out in this Agreement and in the Applicable Law, including GDPR, article 32. The security measures are subject to technical progress and development. The Data Processor may update or modify the security measures from time to time provided that such updates and modifications do not result in degradation of the overall security. The Data Processor shall provide documentation for the Data Processor’s security measures if requested by the Data Controller in writing.
If the Data Processor’s assistance is necessary and relevant, the Data Processor shall assist the Data Controller in preparing data protection impact assessments in accordance with GDPR, article 35, along with any prior consultation in accordance with GDPR, article 36.
Rights of the data subjects
If the Data Controller receives a request from a data subject for the exercise of the data subject’s rights under the Applicable Law and the correct and legitimate reply to such a request necessitates the Data Processor’s assistance, the Data Processor shall assist the Data Controller by providing the necessary information and documentation. The Data Processor shall be given reasonable time to assist the Data Controller with such requests in accordance with the Applicable Law.
If the Data Processor receives a request from a data subject for the exercise of the data subject’s rights under the Applicable Law and such request is related to the Personal Data of the Data Controller, the Data Processor must immediately forward the request to the Data Controller and must refrain from responding to the person directly.
Personal Data Breaches
The Data Processor shall give immediate notice to the Data Controller in the event of any breach which can lead to accidental or unlawful destruction, loss, alteration, unauthorized disclosure of or access to personal data transmitted, stored or otherwise processed with reference to the Personal Data processed on behalf of the Data Controller (a “Personal Data Breach”).
The Data Processor shall make reasonable efforts to identify the cause of such a breach and take such steps as are deemed necessary to establish the cause, and to prevent such a breach from reoccurring.
Documentation of compliance and Audit Rights
Upon request by a Data Controller, the Data Processor shall make available to the Data Controller all relevant information necessary to demonstrate compliance with this DPA, and shall allow for and reasonably cooperate with audits, including inspections by the Data Controller or an auditor mandated by the Data Controller. The Data Controller shall give notice of any audit or document inspection to be conducted and shall make reasonable endeavors to avoid causing damage or disruption to the Data Processors premises, equipment and business in the course of such an audit or inspection. Any audit or document inspection shall be carried out with reasonable prior written notice of no less than 90 days, and shall not be conducted more than once a year.
The Data Controller may be requested to sign a non-disclosure agreement reasonably acceptable to the Data Processor before being furnished with the above.
Ordinarily, the Data Processor will not transfer your data to countries outside the European Economic Area. In some cases, personal data will be saved on storage solutions that have servers outside the European Economic Area (EEA), [for example, Amazon Web Services or Google Drive]. Only those storage solutions that provide secure services with adequate relevant safeguards will be employed. We make use of the EU-U.S. and Swiss-U.S. Privacy Shield Frameworks, European Commission-approved standard contractual data protection clauses, binding corporate rules for transfers to data processors, or other appropriate legal mechanisms to safeguard the transfer.
The Data Processor is given general authorisation to engage third-parties to process the Personal Data (“Sub-Processors”) without obtaining any further written, specific authorization from the Data Controller, provided that the Data Processor notifies the Data Controller via SPARTEZ SOFTWARE website or e-mail, in-app notification about the identity of a potential Sub-Processor (and its processors, if any) before any agreements are made with the relevant Sub-Processors and before the relevant Sub-Processor processes any of the Personal Data. If the Data Controller wishes to object to the relevant Sub-Processor, the Data Controller shall give notice hereof in writing within ten (10) business days from receiving the notification from the Data Processor. Absence of any objections from the Data Controller shall be deemed consent to the relevant Sub-Processor.
In the event the Data Controller objects to a new Sub-Processor and the Data Processor cannot accommodate the Data Controller’s objection, the Data Controller may terminate the Services by providing written notice to the Data Processor.
The Data Processor shall complete a written sub-processor agreement with any Sub-Processors. Such an agreement shall at minimum provide the same data protection obligations as the ones applicable to the Data Processor, including the obligations under this Data Processor Agreement. The Data Processor shall on an ongoing basis monitor and control its Sub-Processors’ compliance with the Applicable Law. Documentation of such monitoring and control shall be provided to the Data Controller if so requested in writing.
The Data Processor is accountable to the Data Controller for any Sub-Processor in the same way as for its own actions and omissions.
The Data Processor is at the time of entering into this Data Processor Agreement using the Sub- Processors listed in sub-appendix A. If the Data Processor initiates sub-processing with a new Sub-Processor, such new Sub-Processor shall be added to the list in sub-appendix A.
Remuneration and costs (Optional)
The Data Controller shall upon request remunerate the Data Processor based on the time spent to perform the obligations regarding ‘Data protection impact assessments and prior consultation’, ‘Rights of the data subjects’, ‘Personal Data Breaches’, and ‘Documentation of compliance and Audit Rights’ of this Data Processor Agreement based on the Data Processor’s hourly rates.
Limitation of Liability
The total aggregate liability towards the Customer, of whatever nature, whether in contract, tort or otherwise, of the Data Processor for any losses whatsoever and howsoever caused arising from or in any way connected with this engagement shall be subject to the “Limitation of Liability” clause set out in the EULA.
Nothing in this DPA will relieve the processor of its own direct responsibilities and liabilities under the GDPR.
The Data Processor Agreement shall remain in force until the support service is provided under EULA.
Data Protection Officer
The Data Processor appointed a Data Protection Officer, who is available at firstname.lastname@example.org.
Following expiration or termination of the DPA, the Data Processor will delete the Data Controller’s all Personal Data in its possession except to the extent the Data Processor is required by the Applicable Law to retain some or all of the Personal Data (in which case the Data Processor will archive the data and implement reasonable measures to prevent the Personal Data from any further processing). The terms of this DPA will continue to apply to such Personal Data.
The contact information for the Data Processor is provided in the EULA.
The following Sub-Processors shall be considered approved by the Data Controller :
Amazon Web Services, Inc.
Atlassian Corporation Plc.
HEG US Inc.
The Rocket Science Group, LLC
Piotr Stefaniak Kąpany
BZTI Bartłomiej Zięba
Video Communication Services AS
Greenhouse Software, Inc
For product specific sub-processors please refer to documentation: https://confluence.spartez-software.com/