Data protection

Privacy Policy

1. The publisher and owner of this website at https://www.pmd2.pl/ is Patryk Cruz-Materna, doing business under the name PM Development Patryk Cruz-Materna with its registered office in Nowa Sól (67-100) at Wesoła 19 a/4, NIP 9251887347, REGON 080249817.
2. https://www.pmd2.pl/ (hereinafter the „Service”) attaches particular importance to protecting the privacy of the Service's users and the security of processing their personal data.
3. This policy describes the rules of use of the Website, in particular it describes the rules of use of cookies by the Website and the rules of processing of personal data of Website Users.
4. This Policy also contains information clauses within the meaning of Article 13 or 14 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons in relation to the processing of personal data and on the free movement of such data and the repeal of Directive 95/46/EC (General Data Protection Regulation, RODO) with respect to the processing of personal data not only of the Users of the Website, but also of other clients and contractors of PM Development Patryk Cruz-Materna.

A. Cookie policy

1. Cookies (so-called „cookies”) are IT data, in particular text files, which are stored in the Service User's terminal equipment and are intended for use on the Service's websites. Cookies usually contain the name of the website they come from, the time they are stored on the end device and a unique number.
2. Cookies allow the website to be customized to the user's preferences by specifying the access device and remembering pre-selected page display options. They are also used to compile anonymous statistics that are used to optimize the site's content.
3. The Operator of the Website informs that restrictions on the use of cookies may affect some of the functionalities available on the Website.
4. Cookies placed in the Service User's terminal equipment may also be used by advertisers and partners cooperating with the Service Operator.
5. The Service uses two main types of cookies: „session” (session cookies) and „permanent” (persistent cookies). „Session” cookies are temporary files that are stored on the User's terminal equipment until the User logs out, leaves the website or shuts down the software (web browser). „Permanent” cookies are stored on the User's end device for the time specified in the parameters of the cookies or until they are deleted by the User.
6. Cookies may be used for:
   1. adjustment of the content of the Website's pages to the User's preferences and optimization of the use of websites; in particular, these files allow for recognition of the Website User's device and appropriate display of the website, adjusted to his/her individual needs;
   2. creation of statistics that help to understand how the Users of the Website use the websites, which allows to improve their structure and content.

7. The following cookies may be used on the site:
   1. Analytical - used to compile anonymous statistics of website usage.
   2. Functional - required for proper operation of the site and storage of user session information. They are related to the operation and browsing of the site.
   3. Advertising - used to display ads and personalize their content and offers to the user, such as within Facebook's or Google's advertising system.
   4. Associated with social media - used to support functions resulting from integration with social networks such as Facebook, Instagram, Twitter, etc.

8. Using cookies, personal data may be collected, which can only be used to perform certain functions for the user. In addition, data collected in this way are encrypted in a way that prevents unauthorized access to them. For detailed information about the processing of personal data, please see the section B. Data protection.
9. You have the right at any time to decide on the access of cookies to your computer by selecting them in advance in your browser window. Information on how to configure cookies can be found in the settings of individual browsers.
10.  These settings can be changed, in particular, in such a way as to block the automatic handling of cookies in the settings of your web browser or inform on their placement in the device of the Service User each time. Detailed information on the possibility and methods of handling cookies is available in the settings of your software (web browser).

B. Data protection

1. Personal data means information about an identified or identifiable natural person. Processing personal data is any action on personal data, whether performed by automated means or not, such as collecting, storing, capturing, organizing, modifying, viewing, using, sharing, restricting, deleting or destroying. The Service processes personal data for various purposes, and depending on the purpose, different methods of collection, legal basis for processing, use, disclosure and retention periods may apply.
2. Patryk Cruz-Materna, doing business under the name PM Development Patryk Cruz-Materna with its registered office in Nowa Sól (67-100) at Wesoła 19 a/4, NIP 9251887347, REGON 080249817 is the Administrator of the Personal Data (ADO) collected by the Service.
3. ADO is engaged in the business of real estate brokerage. Through the Service, ADO also fulfills its disclosure obligations (Articles 13 and 14 of the RODO) with respect to data subjects (including, but not limited to, clients and customers) who are not Service Users, in particular under Article 4a of the Consumer Rights Act of May 30, 2014.

Processing of personal data in connection with the granting of consent (e.g. by filling out a contact form, accepting cookies, sending an email to ADO)

1. if you have consented to the processing of your personal data, the data will be processed for the purposes in and to the extent described in the consent clause (e.g., processing for marketing purposes, for the presentation of the administrator's services, for the presentation of real estate offers, for the purpose of credit processing) on the basis of Article 6(1)(a) of the RODO, until you withdraw your consent. You have the right to withdraw your consent to such processing at any time, but the withdrawal of consent does not affect the correctness and legality of the processing that took place until the withdrawal of consent;
2. if you call ADO, write us a text message, email, contact us via instant messenger, you thereby consent to the processing of the data you voluntarily provide during such a phone call or email;
3. The recipients of your personal data will be employees (associates) of the administrator, entities entrusted by the administrator with data processing (CRM software providers, hosting providers), lawyers providing legal services to the administrator;
4. Your data will not be transferred to a recipient in a third country or international organization;
5. You have the right to: request from the controller access to your personal data, the right to rectify, erase or restrict processing, the right to data portability, the right to withdraw consent at any time;
6. you have the right to lodge a complaint with the supervisory authority, i.e. the President of the Office for Personal Data Protection;
7. Provision of personal data is voluntary;
8. Your data will not be subjected to automated decision-making (profiling).

Processing of personal data in connection with the use of advertising cookies within Facebook's advertising system (FB Ads), Messenger plug-in or Google's advertising system (Google Ads, Google Analytics)

1. if you have given your consent to the processing of your personal data, in particular through the relevant settings of your browser, then the data will be processed for advertising analytics and other marketing purposes, for the presentation of the administrator's services on the basis of Article 6(1)(a) of the RODO, until you withdraw your consent. You have the right to withdraw your consent to such processing at any time, but the withdrawal of consent does not affect the correctness and legality of the processing that took place until the withdrawal of consent;
2. Your data may also be processed on the basis of the Administrator's legitimate interest (Article 6(1)(f) RODO), and the legitimate interest consists in the Administrator's collection of analytical data about users of the website (in accordance with the capabilities of FB Ads, Google Ads, Google Analytics systems) in order to better tailor the offer of services provided by the Administrator, to position the Website and to optimize advertising costs.
3. The recipients of your personal data will be employees (associates) of the administrator, entities to whom the administrator has entrusted data processing (CRM software providers, hosting providers), lawyers providing legal services to the administrator, entities providing IT or marketing services, providers of FB Ads, Google Ads, Google Analytics;
4. Your data may be transferred to a recipient in a third country or an international organization;
5. You have the right to: request from the controller access to your personal data, the right to rectify, erase or restrict processing, the right to data portability, the right to withdraw consent at any time;
6. you have the right to lodge a complaint with the supervisory authority, i.e. the President of the Office for Personal Data Protection;
7. Provision of personal data is voluntary;
8. Your data will not be subjected to automated decision-making (profiling).

Processing of personal data in connection with the conclusion of a reservation agreement, preliminary agreement, development agreement, sale of property

1. Your personal data will be processed:

- for the proper performance of one of the aforementioned contracts, on the basis of Article 6(1)(b) of the RODO, and I will process data for this purpose for the duration of the contract;

- in order to assert and defend against claims - this is the realization of the legitimate interest of the Administrator, based on Article 6(1)(f) of the RODO, and data for this purpose will be processed until the expiration of the statute of limitations for civil law claims (basic periods of 3 and 6 years from the date of maturity of the claim - Article 118 of the Civil Code, however, the end of the statute of limitations is on the last day of the calendar year, unless the statute of limitations is shorter than two years);

- for the purpose of tax settlements, on the basis of Article 6(1)(c) of the DPA, and data for this purpose will be processed until the statute of limitations for the Administrator's tax liabilities (basic period of 5 years, counting from the end of the calendar year in which the deadline for tax payment expired - Article 70 of the Tax Ordinance);

- if you have additionally given your consent when signing the contract (e.g., for processing for marketing purposes, for a credit advisor to contact you, etc.), your data will be processed on the basis of Article 6(1)(a) of the RODO, until you withdraw your consent.

2. The recipients of your personal data will be employees (associates) of the administrator, entities to whom the administrator has entrusted data processing (CRM software providers, hosting providers, accounting office), other intermediaries cooperating within the MLS.org.pl system, notaries, credit counselor, lawyers providing legal services to the administrator;
3. Your data will not be transferred to a recipient in a third country or international organization;
4. You have the right to: request from the controller access to your personal data, the right to rectify, erase or restrict processing, the right to object to processing, the right to data portability, the right to withdraw consent at any time;
5. you have the right to lodge a complaint with the supervisory authority, i.e. the President of the Office for Personal Data Protection;
6. providing personal data is a statutory requirement and a condition for entering into a contract, and failure to provide data to the extent required by the administrator may result in refusal to enter into a contract; with regard to processing based on consent - providing data is voluntary;
7. Your data will not be subjected to automated decision-making (profiling).

Processing of personal data in connection with the presentation of real estate without the conclusion of a contract

1. Your personal data will be processed:

- for the purpose of presenting a property offered for sale/lease on the basis of Article 6(1)(f) of the RODO. This processing is necessary for the purposes of the legitimate interests pursued by the administrator (ensuring property security and presentation of properties only to verified viewers);

- in order to assert and defend against claims - this is the realization of the legitimate interest of the Administrator, based on Article 6(1)(f) of the RODO, and data for this purpose will be processed until the expiration of the statute of limitations for civil law claims (basic periods of 3 and 6 years from the date of maturity of the claim - Article 118 of the Civil Code, however, the end of the statute of limitations is on the last day of the calendar year, unless the statute of limitations is shorter than two years);

- if you have additionally given your consent when signing the contract (e.g., for processing for marketing purposes, for a credit advisor to contact you, etc.), your data will be processed on the basis of Article 6(1)(a) of the RODO, until you withdraw your consent.

2. The recipients of your personal data will be the administrator's employees (associates), entities to which the administrator has entrusted data processing (CRM software providers, hosting providers, accounting office), notaries, credit counselor, lawyers providing legal services to the administrator;
3. Your data will not be transferred to a recipient in a third country or international organization;
4. You have the right to: request from the controller access to your personal data, the right to rectify, erase or restrict processing, the right to object to processing, the right to data portability, the right to withdraw consent at any time;
5. you have the right to lodge a complaint with the supervisory authority, i.e. the President of the Office for Personal Data Protection;
6. Provision of personal data is voluntary, but failure to provide data to the extent required by the administrator may result in refusal to present the property; in terms of processing based on consent - provision of data is voluntary;
7. Your data will not be subjected to automated decision-making (profiling).

Processing of personal data in connection with the conclusion of a contract by ADO (e.g., contracts for legal services, accounting services, contracts with suppliers of services or goods to ADO - contractors other than ADO's customers)

1. Your personal data will be processed:

- for the proper performance of the contract, on the basis of Article 6(1)(b) of the RODO, and I will process data for this purpose for the duration of the contract;

- in order to assert and defend against claims - this is the realization of the legitimate interest of the Administrator, based on Article 6(1)(f) of the RODO, and data for this purpose will be processed until the expiration of the statute of limitations for civil law claims (basic periods of 3 and 6 years from the date of maturity of the claim - Article 118 of the Civil Code, however, the end of the statute of limitations is on the last day of the calendar year, unless the statute of limitations is shorter than two years);

- for the purpose of tax settlements, on the basis of Article 6(1)(c) of the DPA, and data for this purpose will be processed until the statute of limitations for the Administrator's tax liabilities (basic period of 5 years, counting from the end of the calendar year in which the deadline for tax payment expired - Article 70 of the Tax Ordinance);

2. If you have consented to the processing of your personal data, the data will be processed for the purposes and in the scopes described in the consent clause (e.g., processing for marketing purposes) on the basis of Article 6(1)(a) of the RODO, until you withdraw your consent. You have the right to withdraw your consent to such processing at any time, but withdrawal of consent does not affect the correctness and legality of the processing that has taken place up to the time of withdrawal of consent;
3. If you call us, write us a text message, e-mail, contact us via instant messaging, send us a letter (e.g., for the purpose of making an offer to provide services or sell goods) you thereby consent to the processing of the data you voluntarily provide during such a phone call, in writing or in an e-mail;
4. The recipients of your personal data will be the administrator's employees (associates), entities to which the administrator has entrusted data processing (CRM software providers, hosting providers, accounting office), notaries, credit counselor, lawyers providing legal services to the administrator;
5. Your data will not be transferred to a recipient in a third country or international organization;
6. You have the right to: request from the controller access to your personal data, the right to rectify, erase or restrict processing, the right to object to processing, the right to data portability, the right to withdraw consent at any time;
7. you have the right to lodge a complaint with the supervisory authority, i.e. the President of the Office for Personal Data Protection;
8. providing personal data is a statutory requirement and a condition for entering into a contract, and failure to provide data to the extent required by the administrator may result in refusal to enter into a contract; with regard to processing based on consent - providing data is voluntary;
9. Your data will not be subjected to automated decision-making (profiling).

Information clause for the Administrator's Facebook fanpage

1. The administrator of your personal data as a user of this fanpage (https://www.facebook.com/pmd2.pmdevelopment) is Patryk Cruz-Materna, doing business under the name PM Development Patryk Cruz-Materna with its registered office in Nowa Sól (67-100) at Wesoła 19 a/4, NIP 9251887347, REGON 080249817.
2. You can contact the data controller at the above-mentioned address or via e-mail: biuro@pmd2.pl
3. The Administrator has not appointed a Data Protection Officer.
4. The administrator processes users' personal data for the following purposes:

• To operate a fanpage on the social network Facebook (Meta Platforms Ireland Limited), under the terms and conditions set by Facebook Inc,
• To inform about the activities of the administrator, to promote various events that the administrator organizes,
• To inform about the administrator's products and services,
• Build and maintain a community related to the administrator,
• Communication through available Facebook functionalities (comments, chat, messages),
• Possible establishment, investigation of claims or defense against claims,
• Analyze the functioning, popularity, use of the fanpage.

5. The legal basis for processing personal data is:

• The user's consent, expressed through a clear affirmative action of subscribing to the fanpage by clicking the „Like” or „Observe” icon or by publishing his comment under any of the posts posted on the administrator's fanpage,
• Legitimate legitimate interest of the administrator or a third party, which is: running a fanpage and the need to ensure contact between users and the administrator, as well as direct marketing and protection of rights and claims.

6. The data retention period is related to the purposes and grounds for processing. Accordingly:

• Data processed on the basis of consent will be processed until the consent is withdrawn,
• Data processed on the basis of the controller's legitimate interest will be processed until an effective objection to the processing is made or the interest ceases to exist, statistical data on fanpage visitors available through the „Facebook Insights” function will be processed for the duration of the availability of such data on Facebook, which is 2 years.

7. The administrator shares personal data only with entities authorized by law and other entities that provide services to the administrator (IT support, marketing support).
8. Due to the specifications of Facebook, information about the people watching the fanpage, likes, as well as the content of comments, posts and other information provided by users is public.
9. The controller does not transfer data outside of Poland/EU/European Economic Area subject to the transnational nature of the data flow within Facebook using Facebook's contractual clauses approved by the European Commission and the European Commission's decisions finding an adequate level of data protection for specific countries in accordance with the rules set out by Facebook at https://www.facebook.com/about/privacy.
10. User data will be processed in an automated manner, including profiling. Automated decision-making will be carried out on the principles set out in the facebook terms and conditions, the consequence of such processing will be the contact displaying information from the fanpage administrator
11. The administrator obtains user data from Meta Platforms Ireland Limited and the administrator's public user profile and panpage posts.
12. Each data subject has the right: to access his/her data, to rectify, to request erasure, to limit processing, to data portability, to object to processing, to withdraw consent.
13. The data subject has the right to lodge a complaint with the supervisory authority, which in Poland is the President of the Office for Personal Data Protection
14. Providing personal data is voluntary, but necessary to observe the administrator's fanpage.