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Information concerning processing of personal data by Nordweld Spółka z Ograniczoną Odpowiedzialnością (information clause)

1. Glossary

Personal Data Administrator/Administrator – a person or entity which (unilateraly or jointly with other administrators) decides for what purpose and how he will process the personal data;

Personal Data – information that identify (or make it possible to identify) a natural person, in particular: name and surname, address, telephone number, e-mail address, date of birth, name of the company, tax identification number, social security number etc.;

Personal data processing – activities related to personal data, in particular: collecting, recording, organizing, storing, downloading, browsing, using, sharing, deleting, destroying etc.;

GDPR – Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46 / EC (General Regulation on data protection)..

2. Personal Data Administrator

The administrator of personal data processed by us in connection with conducting business activity is Nordweld Spółka z ograniczoną odpowiedzialnością, a Limited Liability Company seated in Gorlice, ul. Przemysłowa 3, 38-300 Gorlice (hereinafter “Nordweld”). In all matters regarding the processing of personal data, in particular exercising your rights related to the processing of personal data, you can contact the Administrator by:

a) email address: odo@nordweld.eu 

b) phone: +48 18 53 46 800

c) in writing to the address of the Administrator’s office.

3. Sources of Personal Data collection

All data is obtained by the Administrator in two ways:

1. information voluntarily provided by the data subject; 

2. information obtained when using the Administrator’s websites, i.e.:

a) information in server logs (servers automatically save such data as the page request sent by the user, the date and time of the request and sending the response, device data, browser type, browser language, etc, type of operating system);

b) IP address (on the basis of which it is possible to identify the country from which a given website user connects to the network), 

c) text files „cookies” (sent to the user’s computer when visiting the website).

4. Main principles for the processing of Personal Data

The Administrator represents and guaranties that:

a) Personal Data are processed in accordance with current regulations, including the GDPR, in a fair and transparent manner;

b) Personal Data are collected for specific, explicit and legitimate purposes and is processed only to the extent consistent with those purposes;

c) the Administrator makes the utmost care that the Personal Data it processes are truthful, current and accurate;

d) Personal Data are stored in a form that enables identification of the data subject for no longer than it is necessary for the purposes for which the data are processed;

e) Personal Data are processed in a manner that ensures adequate security, including protection against unauthorized or unlawful processing and accidental loss, destruction or damage, by appropriate organizational, technical and technological measures.

5. Purposes and basics of Personal Data processing 

In connection with its business activity, the Administrator processes the data of entities with which it has business relations, as well as the data of their employees and associates, data of persons transferred as part of the implementation of orders and contracts, data of persons making contact by means of remote communication (telephone, email).

The purpose of processing Personal Data by the Administrator is: 

a) conclusion and implementation of contracts (legal basis for processing – art. 6 sec. 1 letter b of the GDPR);

b) determining and pursuing possible claims by the Administrator or defense against claims raised against the Administrator (legal basis for processing – art. 6 sec. 1 letter f of the GDPR); 

c) performance of tax and accounting obligations (legal basis for processing – art. 6 sec. 1 letter c of the GDPR);

d) realization of promotional and marketing activities (legal basis for processing – art. 6 sec. 1 letter a of the GDPR);

e) sending commercial information regarding the Administrator’s products and services and entities from TLC Group, whose offer supplements the offer of the Administrator, including in particular information about current offer, promotions, discounts and marketing campaigns – newsletter (legal basis for processing – art. 6 sec. 1 letter a of the GDPR);

f) answering the questions asked by the user via the contact form available on the Administrator’s website, e-mail or by phone (legal basis for processing – art. 6 sec. 1 letter f of the GDPR);

g) analysis of data on actions taken by the user on the Administrator’s website, based on the user’s consent to the use of analytical and statistical cookies (legal basis for processing – art. 6 sec. 1 letter a of the GDPR);

h) ensuring the proper functioning of the Administrator’s website, including ensuring the security of services provided and the use of cookies necessary for the proper display of the website in the user’s browser (legal basis for processing – art. 6 sec. 1 letter f of the GDPR).

Providing data is voluntary, however the Administrator reserves that in some situations, providing it may be necessary to conclude and perform the contract, answer queries, conduct correspondence, and perform obligations arising from provisions of law, sending the newsletter.

Information obtained during the use of the Administrator’s websites is collected in order to guarantee the proper functioning of the websites and provide offer content tailored to the location and language of the user (availability of closest distributors and partners), without combining them with other data of users visiting the Administrator’s websites (legal basis for processing – art. 6 sec. 1 letter f of the GDPR).

6. Data storing term

The Administrator processes personal data for the time necessary to achieve the purpose of processing. The Administrator applies the principle of limiting the storage of personal data, which protects data against processing for an unlimited period. When the processing purpose is achieved, the Administrator deletes or anonymizes the data. The exceptions are situations when data storage is necessary under separate provisions.

The Administrator deletes or anonymizes data in particular when: 

a) the limitation of possible claims will take place;

b) deadlines that result from legal provisions (e.g. the Accounting Act) have expired;

c) the data subject withdraws consent to the processing of personal data (concerns cases where consent was the basis for processing i.e. sending the newsletter)

d) the data subject effectively opposes further processing (if the basis for processing was the legitimate interest of the Administrator).

7. Data recipients

Personal Data processed by the Administrator in connection with business relations may be transferred to the following categories of entities:

a) public authorities – in cases specified by law. 

b) distributors and business partners in connection with the execution of orders and handling the quotation inquiry process,

c) subcontractors, contractors and business partners as part of cooperation on a given project, solely for the purpose and to the extent necessary to implement the rights and obligations arising from cooperation,

d) courier and transport companies for the purpose of delivery,

e) maintenance of information systems in which data is processed,

f) entities providing accounting, legal, debt collection, consulting, IT services to the Administrator and entities providing maintenance of information systems in which data is processed,

g) entities providing the Administrator with system tools: hosting service providers and systems for managing the database of contractors, email service providers, telecommunications service providers, invoice software providers, providers of banking and electronic payment services, newsletter sending service providers, SAS systems for organizing webinars, marketing automation system and other marketing activities,   

h) entities from TLC Group, whose offer supplements the offer of the Administrator (entities indicated on a website tlc.eu/our-brands/), 

8. Profiling

For direct marketing purposes (for example, by replying to a message, presenting the details of the offer), the Administrator may use profiling, consisting in automated decision-making on displaying advertisements and directing dedicated content in e-mails (the legal basis for such processing of Personal Data is art. 6, sec. 1, letter f of the GDPR, i.e. legitimate interest of the Administrator). This decision is made on the basis of actions taken by the user on the websites, forms, and in particular on the basis of concluded contracts or pages viewed. In practice, profiling supports the usability of websites and newsletters, allowing you to present content that may potentially interest you more. The legal basis for such processing of Personal Data is art. 6, sec. 1, letter f of the GDPR.

You have the right not to be profiled, unless you have given your consent. However, the basis for the processing of Personal Data will be consent, which can be withdrawn at any time.

9. Rules for the transfer of data outside Poland

In the justified circumstances, the Administrator may transfer personal data to entities in the European Economic Area (EEA).

The Administrator may transfer personal data to a third country (outside the EEA) if it guarantees at least such data protection as is applicable in Poland. In practice, such a guarantee is that a given country has been recognized by the European Commission as a country that provides adequate protection.

If data is transferred outside the EEA, the Administrator will take appropriate steps to ensure data protection, in particular through the use of contractual clauses that have been approved by the European Commission.

10. Entitlements related to the personal data processing

In accordance with applicable law, you have: 

a) the right to access personal data and receive a copy thereof, 

b) the right to rectify (correct) your data,

c) the right to delete data,

d) the right to limit data processing,

e) the right to object to data processing based on the legitimate interest of the Administrator or third parties, 

g) the right to transfer data,

h) the right not to be subject to decisions based on automated data processing, including profiling, if the Administrator would make decisions based solely on automated data processing, including profiling, which would have legal consequences for the data subject or similarly affect him or her,

i) the right to file a complaint to the supervisory body (the President of the Office for Personal Data Protection),

j) the right to withdraw consent to the processing of personal data.

If the data processing is based on your consent, you have the right to withdraw your consent to the processing of the Personal Data at any time. Withdrawal of consent will not affect the lawfulness of the processing that was carried out on the basis of consent before its withdrawal.

In order to exercise your rights, please send request the contact details indicated above. If you have additional questions, please contact us.

Terms and Conditions of the online service

operating under the domain address www.nordweld.eu

I. DEFINITIONS

The terms used in these Terms and Conditions mean:

1. Terms and Conditions – these terms of service, together with all appendices constituting its integral part, including in particular the Privacy Policy;

2. Service/ website – the online service of the Service Provider operating under the address www.nordweld.eu;

3. Services – electronic services provided by the Service Provider, including access to the Service and its offered functionalities;

4. TLC Group Companies – companies belonging to the TLC Group, as listed on the Service Provider’s website;

5. Service Provider – the company operating under the name Nordweld spółka z ograniczoną odpowiedzialnością, headquartered in Gorlice, registered in the National Court Register kept by the District Court for Kraków-Śródmieście in Kraków, 12th Commercial Division of the National Court Register, under number 0000696764, with a share capital of PLN 10,000.00, holding a tax identification number (NIP): 7382153047, REGON: 368373807, and email address info@nordweld.eu, being the owner of the Service;

6. User – a natural person, legal entity, or organizational unit without legal personality using the Services provided within the Service;

7. Consumer – a natural person entering into a legal transaction with a business entity not directly related to their business or professional activity;

8. Agreement – an agreement for the provision of Services by the Service Provider to the User;

9. Content – all content, regardless of form and method of transmission, made available by the Service Provider within the Service (including video materials, presentations, graphics, etc.).

II. GENERAL PROVISIONS

1. These Terms and Conditions are a document referred to in Article 8 of the Act of 18 July 2002 on the provision of electronic services.

2. The Terms and Conditions define, in particular:

a) the conditions and principles of using the Service,

b) the type and scope of Services provided by the Service Provider via the Service.

3. By beginning to use the Services, the User accepts the terms of the Terms and Conditions and enters into the Agreement for such Services.

4. The Service Provider provides the Terms and Conditions to the User free of charge before they begin using the Service. The Terms and Conditions can be saved by the User by printing, storing on a medium, or downloading from the website http://www.nordweld.eu/.

III. TECHNICAL REQUIREMENTS FOR USING THE SERVICE

Using the Service requires the User to meet the following technical requirements:

1. For the newsletter service, having an active email account capable of receiving emails, including handling HTML messages and images.

2. Having a device with access to the Internet and a functioning operating system, such as Linux, Windows, or macOS.

3. Installing the latest, up-to-date version of a web browser compatible with Internet resources, such as Internet Explorer, Opera, Mozilla Firefox, Safari, Google Chrome, or another compatible browser, with Cookies and JavaScript enabled.

IV. RULES OF PROVIDING SERVICES

1. Access to and use of the Service by the User is free of charge.

2. The Service Provider offers the following Services to Users:

a) communication via the contact form.

b) access to and/or downloading of Content,

c) provision of a newsletter,

V. ACCESS TO AND/ OR DOWNLOADING OF CONTENT 

1. Services for accessing and/or downloading Content are provided 24/7.


2. The Agreement for this service is concluded when the User enters the Service’s address in their web browser or accesses it via redirects or emails.


3. The User can stop using the service at any time. Upon stopping, the Agreement is automatically terminated without additional declarations.


4. The Content available on the Service is for informational purposes only and does not constitute an offer under Article 66¹ of the Civil Code.


5. All rights to the Content are reserved to the Service Provider and are protected under applicable laws, including copyright laws.


6. Using the Content does not transfer any rights to the User. The Content may only be used within the limits of permitted use as defined by copyright laws.

VI. NEWSLETTER

1. Users wishing to receive commercial information, updates, and promotional offers from the Service Provider and/or TLC Group Companies may subscribe to the Newsletter.

2. To subscribe, the User must check the newsletter subscription box and provide their email address on the Service website. A confirmation link will be sent to the provided email.

3. The Agreement for the newsletter is concluded when the User clicks the activation link. This Agreement is valid indefinitely and can be terminated at any time by either party without providing a reason.

4. Termination by the User occurs by clicking the unsubscribe link in any newsletter email.

VII. COMMUNICATION VIA THE CONTACT FORM

1. The electronic communication service using a contact form is intended to provide answers to questions regarding the Service Provider’s product and service offerings presented through the Website. This service involves filling out the contact form with the Service Recipient’s personal data (first and last name, company name – optional, email address, phone number) and the content of the Service Recipient’s inquiry, and then sending it using the Website’s functionality to the Service Provider. This service is aimed at enabling the Service Provider to establish return contact in order to answer questions and/or present an offer tailored to the expectations communicated in the form by the Service Recipient.

VIII. RULES FOR USING THE WEBSITE

1. When using the Website, the Service Recipient is particularly obliged to:

a) refrain from providing or transmitting content prohibited by law, including but not limited to offensive or vulgar content, content inciting violence or other actions contrary to the law or good morals, or content that infringes upon the personal rights or other rights of third parties;

b) use the Website in accordance with its intended purpose, in a manner that does not disrupt its functioning, and in a way that is not burdensome to other Service Recipients;

c) refrain from using the Website to send or post unsolicited commercial information (spam) within the Website;

d) use the Website in compliance with the Terms of Service, applicable laws, and general rules of Internet use (netiquette).

2. It is not permissible to use the resources and functionalities of the Website to conduct activities by the Service Recipient that would infringe upon the rights of the Service Provider.

3. The Service Provider undertakes all necessary technical and organizational measures to ensure an adequate level of security and protection for the Website, minimizing the risk of unauthorized access, data loss, and other threats associated with the use of the Website.4. The Service Provider emphasizes that the public nature of the Internet and the use of electronic services may involve the risk of unauthorized access to and modification of the Service Recipient’s data by unauthorized persons. Therefore, it is recommended that the Service Recipient uses appropriate technical measures to protect against the aforementioned threats, particularly antivirus programs and tools that safeguard the privacy and identity of Internet users. 

IX. COMPLAINTS REGARDING THE WEBSITE’S FUNCTIONING

1. The Service Provider takes measures to ensure the proper functioning of the Website and commits to resolving, to the extent technically possible, any irregularities in its operation reported by Service Recipients.

2. A Service Recipient wishing to report irregularities in the functioning of the Website should notify the Service Provider of any malfunctions or interruptions by sending a relevant message to the email address: info@nordweld.eu.

3. In the email referred to in section 2 above, the Service Recipient should provide their first name, last name, company name, contact details of the person submitting the complaint, correspondence address, as well as the type and date of the irregularity experienced in the functioning of the Website.

4. The Service Provider undertakes to review complaints within 14 (fourteen) days

X. SERVICE PROVIDER’S LIABILITY

1. The Service Provider is not liable for any damages resulting from:

a) the Service Recipient’s failure to meet the technical requirements necessary to cooperate with the IT system used by the Service Provider,

b) the inability to access or limited access to the Website due to reasons beyond the Service Provider’s control, as well as technical interruptions in the functioning of the Website caused by ongoing server maintenance or Website software updates,

c) improper use of the Website by the Service Recipient,

d) errors or failures in external systems that are beyond the Service Provider’s control,

e) data security breaches resulting from external attacks,

f) disruptions in access to the Website caused by network or internet provider failures,

g) changes in legal regulations that prevent the provision of services,

h) force majeure events.

XI. PERSONAL DATA AND COOKIES

1. From the moment the Website is launched, the Service Provider may process the following data to ensure the security of the Services:

  • the public IP address of the device from which the request originated,
  • browser type and language,
  • login location, i.e., country, region, city,
  • type of device: desktop or mobile,
  • date and time of the request,
  • number of bytes sent by the server,
  • number of sessions and pages viewed,
  • the URL of the previously visited page, if the visit occurred via that link,
  • information on errors that occurred while processing the request,
  • data and content entered by the Service Recipient in the contact form.

2. The Service Provider, as the data controller, undertakes to take all necessary technical and organizational measures appropriate to the level of risk to ensure the security of all personal data provided by the Service Recipient in connection with their use of the Website.

3. The Service Recipient’s personal data is processed in accordance with applicable laws, including the provisions of 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).

4. Personal data provided by the Service Recipient via the Website or obtained based on the Service Recipient’s online activity is processed by the Service Provider for specific, defined purposes described in detail in the Privacy Policy available on the Website.

5. Providing personal data by the Service Recipient is voluntary but may be necessary to use certain Services.

6. The Service Recipient has the right to access their personal data, request its rectification, deletion, restriction of processing, transfer, object to its processing, and lodge a complaint with the competent data protection authority. The Service Recipient also has the right to withdraw consent to the processing of personal data if the processing within certain functionalities is based on previously granted consent.

7. Detailed rules regarding the processing and protection of the Service Recipient’s personal data are outlined in the Privacy Policy available on the Website at: https://nordweld.eu/privacy-policy/.

8. The Service Provider uses a “cookies” mechanism, which, during the user’s use of the Website, is saved by the Service Provider’s server on the user’s device. The use of cookies ensures the proper functioning of the Website on users’ devices. This mechanism does not cause any configuration changes to the users’ devices or the software installed on them. Thanks to cookie technology, the Website can store information markers in the user’s browser, used only during the user’s visit to the Website.Cookies are not used to identify any visitor to the Website (unless the Service Recipient consents to this) but help track overall user traffic on the Website to determine the user’s preferred location and language, and consequently direct them to the appropriate page of the Website.

9. If the Service Recipient does not wish to receive cookies from the Website, they can enable the browser’s option to notify them of incoming cookies and decide whether to block them on a case-by-case basis. However, it should be noted that disabling cookies in the browser may prevent the use of the Website.

XII. FINAL PROVISIONS

1.The use of the Website is governed by Polish law and falls under the jurisdiction of Polish courts. Matters not regulated by these Terms of Service are subject to the provisions of the Polish Civil Code of April 23, 1964, the Act on the Provision of Electronic Services of July 18, 2002, the Electronic Communications Law of July 12, 2024, and other applicable provisions of Polish law.

2. In the event of a dispute arising in connection with the use of the Website, the parties will seek to resolve the matter amicably. The competent court for resolving any disputes arising under these Terms of Service will be determined in accordance with the provisions of generally applicable law.

3. The Service Provider reserves the right to amend the content of these Terms of Service at any time. Any changes will be published on the Website and will take effect on the date of their publication. Any amendments to the Terms of Service will not affect the rights of individuals or entities that entered into agreements before the changes were introduced.

4. The Service Provider informs Service Recipients who are Consumers about the possibility of using out-of-court complaint and claim resolution methods. The rules for accessing these procedures are available at the offices or websites of entities authorized to conduct out-of-court dispute resolution. These may include consumer rights advocates or Provincial Inspectorates of Trade Inspection, whose list is available on the website of the Office of Competition and Consumer Protection (UOKiK) at: https://uokik.gov.pl/pomoc-dla-konsumentow. The Service Provider also informs that an online dispute resolution platform (ODR platform) is available at https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage , facilitating resolution of disputes between consumers and businesses at the EU level.

5. These Terms of Service are effective as of 16.01.2025