Privacy Policy

The following Privacy Policy sets forth the rules for saving and accessing data on User Devices using the Website for the purpose of providing electronic services by the Administrator, and the rules for collecting and processing personal data of Users, which were provided by them personally and voluntarily through tools available on the Website.

The following Privacy Policy is an integral part of the Terms of Service, which defines the rules, rights, and obligations of Users using the Website.

§1 Definitions

• Website - the “MistyCloud.pl” internet service operating at https://mistycloud.pl

• External Service - internet services of partners, service providers, or service recipients cooperating with the Administrator

• Service Administrator / Data Controller - The Service Administrator and Data Controller (hereinafter Administrator) is a natural person “Eryk Klimek” residing in Wrocław, providing services electronically via the Website

• User - a natural person for whom the Administrator provides services electronically via the Website.

• Device - an electronic device with software, through which the User gains access to the Website

• Cookies - text data collected in the form of files placed on the User’s Device

• GDPR - Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation)

• Personal Data - means information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person

• Processing - means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction

• Restriction of processing - means the marking of stored personal data with the aim of limiting their processing in the future

• Profiling - means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyze or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location or movements

• Consent - of the data subject means any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her

• Personal data breach - means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, personal data transmitted, stored or otherwise processed

• Pseudonymization - means the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organizational measures to ensure that the personal data are not attributed to an identified or identifiable natural person

• Anonymization - Data anonymization is an irreversible process of data operations that destroys / overwrites “personal data” preventing identification, or linking a given record to a specific user or natural person.

§2 Data Protection Officer

Based on Art. 37 GDPR, the Administrator has not appointed a Data Protection Officer.

In matters regarding data processing, including personal data, please contact the Administrator directly.

§3 Types of Cookies

• Internal Cookies - files placed and read from the User’s Device by the Website’s teleinformation system

• External Cookies - files placed and read from the User’s Device by teleinformation systems of External Services. Scripts of External Services that may place Cookies on User Devices have been consciously placed on the Website through scripts and services made available and installed on the Website

• Session Cookies - files placed and read from the User’s Device by the Website or External Services during one session of a given Device. Other files are deleted from the User’s Device after the session ends.

• Persistent Cookies - files placed and read from the User’s Device by the Website or External Services until they are manually deleted. Files are not deleted automatically after the Device session ends unless the User’s Device configuration is set to delete Cookie files after the Device session ends.

§4 Data Storage Safety

• Cookie storage and reading mechanisms - Mechanisms for storage, reading, and exchange of data between Cookies saved on the User’s Device and the Website are implemented through built-in web browser mechanisms and do not allow downloading other data from the User’s Device or data from other websites visited by the User, including personal data or confidential information. Transferring viruses, Trojan horses, and other worms to the User’s Device is also practically impossible.

• Internal Cookies - Cookies used by the Administrator are safe for User Devices and do not contain scripts, content, or information that could threaten the security of personal data or the security of the Device used by the User.

• External Cookies - The Administrator takes all possible actions to verify and select website partners in the context of Users’ security. The Administrator selects known, large partners with global social trust for cooperation. However, he does not have full control over the content of Cookie files coming from external partners. For the security of Cookie files, their content, and compliant use by Scripts installed on the website, coming from External Services, the Administrator is not responsible as much as the law allows. The list of partners is included further in the Privacy Policy.

• Cookie Control

  • The User can freely change settings regarding saving, deleting, and accessing data of saved Cookies by each website at any time

  • Information on how to disable Cookies in the most popular computer browsers is available from the browser providers (Chrome, Opera, FireFox, Edge, Safari, Internet Explorer).

  • The User can delete any saved Cookie files at any time using the User’s Device tools through which the User uses the Website services.

§5 Purposes for which Cookies are used

1. Improvement and facilitation of access to the Website

2. Personalization of the Website for Users

3. Enabling login to the website

4. Keeping statistics (users, number of visits, types of devices, connection, etc.)

§6 Purposes of personal data processing

Personal data voluntarily provided by Users are processed for one of the following purposes:

• Realization of electronic services:

  • Registration and maintenance of the User’s account on the Website and related functionalities

• Administrator’s communication with Users in matters related to the Website and data protection

• Ensuring the Administrator’s legitimate interest

Data about Users collected anonymously and automatically are processed for one of the following purposes:

• Keeping statistics

• Ensuring the Administrator’s legitimate interest

§7 Cookies of External Services

The Administrator uses javascript scripts and web components of partners in the Website, who may place their own cookies on the User’s Device. Remember that in your browser settings you can decide on allowed cookies that can be used by individual websites. Below is a list of partners or their services implemented on the Website that may place cookies:

• Keeping statistics:

  • Google Analytics

§8 Types of collected data

The Website collects data about Users. Some data is collected automatically and anonymously, and some data is personal data voluntarily provided by Users when signing up for individual services offered by the Website.

Anonymous data collected automatically:

1. IP Address

2. Browser type

3. Visited subpages

4. Time spent on the relevant subpage

5. Operating system type

6. Address of the previous subpage

7. Referral site address

8. Browser language

Data collected during registration:

1. First name / last name / nickname

2. Login

3. Email address

4. IP Address (collected automatically)

Data collected during Newsletter subscription:

1. Email address

§9 Access to personal data by third parties

As a rule, the only recipient of personal data provided by Users is the Administrator. Data collected as part of the services provided are not transferred or resold to third parties.

Access to data (usually based on a Data Processing Agreement) may be possessed by entities responsible for maintaining the infrastructure and services necessary to run the website, i.e.:

• Online payment intermediaries for goods or services offered within the Website (in the case of purchasing transactions on the Website)

Data processing in case of online payments

In the case of online payments, all payment data is transferred directly by the User to the payment processor - Stripe.com. Selected data necessary to complete the transaction are then transferred by this entity to the Administrator. Data transfer is regulated by the agreement concluded between the Administrator and the Service Provider.

§10 Method of processing personal data

Personal data voluntarily provided by Users:

• Personal data will not be transferred outside the European Union, unless they were published as a result of individual User action (e.g. entering a comment or entry), which will make the data available to every person visiting the website.

• Personal data will not be used for automated decision making (profiling).

• Personal data will not be resold to third parties.

Anonymous data (without personal data) collected automatically:

• Anonymous data (without personal data) will be transferred outside the European Union.

• Anonymous data (without personal data) will not be used for automated decision making (profiling).

• Anonymous data (without personal data) will not be resold to third parties.

§11 Legal basis for personal data processing

The Website collects and processes Users’ data based on:

• Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation)

  • art. 6 para. 1 lit. a - the data subject has given consent to the processing of his or her personal data for one or more specific purposes

  • art. 6 para. 1 lit. b - processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract

  • art. 6 para. 1 lit. f - processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party

• Act of May 10, 2018 on personal data protection (Journal of Laws 2018 item 1000)

• Act of July 16, 2004 Telecommunications Law (Journal of Laws 2004 No. 171 item 1800)

• Act of February 4, 1994 on copyright and related rights (Journal of Laws 1994 No. 24 item 83)

§12 Period of personal data processing

Personal data voluntarily provided by Users:

As a rule, the indicated personal data are stored only for the period of providing the Service within the Website by the Administrator. They are deleted or anonymized within 30 days from the moment of termination of services (e.g., deletion of a registered user account, unsubscription from the Newsletter list, etc.)

An exception is a situation that requires securing legitimate purposes of further processing of this data by the Administrator. In such a situation, the Administrator will store the indicated data, from the time of requesting their deletion by the User, no longer than for a period of 3 years in the case of violation or suspicion of violation of the website regulations by the User

§13 Users’ rights related to personal data processing

• Right of access to personal data
  Users have the right to obtain access to their personal data, realized upon request submitted to the Administrator

• Right to rectification of personal data
  Users have the right to request from the Administrator immediate rectification of personal data that are incorrect or / and completion of incomplete personal data, realized upon request submitted to the Administrator

• Right to erasure of personal data
  Users have the right to request from the Administrator immediate deletion of personal data. In the case of user accounts, data deletion consists of anonymization of data enabling User identification.

• Right to restriction of processing personal data
  Users have the right to restrict the processing of personal data in cases indicated in Art. 18 GDPR

• Right to data portability
  Users have the right to obtain from the Administrator, personal data concerning the User in a structured, commonly used and machine-readable format

• Right to object to processing of personal data
  Users have the right to object to the processing of their personal data in cases specified in Art. 21 GDPR

• Right to lodge a complaint
  Users have the right to lodge a complaint with the supervisory authority dealing with personal data protection.

§14 Contact to Administrator

You can contact the Administrator in one of the following ways

• Email address - [email protected]

• Contact form - available at: /en/contact

§17 Changes to Privacy Policy

• The Administrator reserves the right to make any changes to this Privacy Policy without the need to inform Users about it in the scope of using and using anonymous data or using Cookies.

• The Administrator reserves the right to make any changes to this Privacy Policy in terms of Personal Data processing, of which he will inform Users having user accounts or subscribed to the newsletter service, via email within 7 days from the change of entries.

• Introduced changes to the Privacy Policy will be published on this subpage of the Website.

• Introduced changes come into force upon their publication.