Privacy policy

PRIVACY AND COOKIES POLICY OF THE WEBSITE OF:

I. DEFINITIONS

1. The administrator of your personal data is Noho Investment Limited Liability Company with its registered seat in Krakow. 6a Słonecznikowa street, 25 - 30 Krakow, entered into the Register of Entrepreneurs of the National Court Register by the District Court for Krakow - Śródmieście in Krakow, 11th Commercial Division of the National Court Register under number of: 0000600768, TIN: 5252646224, REGON number: 363693536.

2. Web site – web site operated by the Administrator at the following address: https://mogilskamlyny.com

3. User – a natural person using the website.

4. Personal data - any 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.

5. ¹Regulation (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 (GDPR) and the measures taken.

II. GENERAL PROVISIONS

This Privacy and Cookies Policy informs about the principles of processing of personal data on websites belonging to the Personal Data Controller and affiliated companies, as well as the use of cookies that may be used or made available when the User uses the Website.

III. SCOPE AND COLLECTION OF DATA IN CONNECTION WITH THE USE OF THE WEBSITE BY THE USER

In connection with the use of the Website by the User, information about the User's activity on the Website is collected, including data recorded in form of cookies, extended conversion tags, and server logs. As a rule, data related to the use of cookies do not allow identifying and determining the identity of the user (the Administrator processes only statistical, anonymized data).

If a user consents to the processing of data by the Administrator, the Administrator may also process certain information related to the granting of consent, including the version or name of the web browser or User's operating system, also his IP address or the type of device through which the user gave consent.

IV. CONTACT WITH THE ADMINISTRATOR

If you have any questions about the Administrator's processing of Users' personal data, you may contact us at the e-mail address k.czuprynska@nohoinvestment.com or at telephone number: 509165606.

V. SCOPE OF PERSONAL DATA PROCESSING

When using certain features of the Website, the User may be asked to provide their personal data.The scope of mandatory and optional data is defined each time according to the needs of the service the User intends to use.Data via the Services are collected by the Administrator directly from data subjects.

If the User uses the Services solely for the purpose of reading the contents, the Administrator may collect certain information about the User using cookies or extended conversion, of which the Users are informed by the Administrator each time. Information about cookies used on the Services is contained in Section XI and XIII of this Privacy Policy.

Providing data is voluntary, but necessary in order to use the Website functionalities, including contact forms. If you do not accept the provisions of this Privacy Policy, you will not be able to use the Website functionalities made available to you and you should refrain from submitting your personal data using the forms when you do not accept the provisions of this Policy.

VI. PURPOSES AND LEGAL BASIS OF DATA COLLECTION

The Administrator shall collect and process Users' personal data only in accordance with the provisions of this Privacy Policy.Any data provided by the User will be used by the Administrator only for the following purposes:

• for marketing purposes, when the User agrees to receive commercial or marketing messages from the Administrator (including newsletter services) - the legal basis for data processing is Article• 6 section 1 (a) of GDPR;

• - providing customer service and contacting the User, including in order to inform about any changes concerning the offer, products and services offered by the Administrator - the legal basis of data processing is Article• 6 section 1 (b) or 1 (f) of GDPR;

• to process personal data in order to comply with legal obligations - the legal basis for data processing is Article 6 section 1 (c) of GDPR;

• to perform any contractual obligations towards the Administrator's business partners, which constitutes our legitimate interest in processing the data - the legal basis for data processing is Article• 6 section (1)(f) of GDPR;

• for analytical, developmental purposes, for the purposes of improvements (including to improve the user experience), administration, maintenance, technical support and security of the Website, which constitutes our legitimate interest in processing the data - the legal basis for processing the data is Article; 6 section (1)(f) of GDPR;

• for the possible establishment, investigation or defence against claims, enforcement or investigation of potential violations of the terms of use of the Website or other actual or alleged unlawful activities, protection of the rights, property or security of the Website, Users, customers and employees of the Administrator and other third parties, which constitutes our legitimate interest in processing the data - the legal basis for processing the data is Article; 6 section (1)(f) of GDPR;

• for the purposes of using the contact forms provided by the Administrator on the Website, including for the purposes of handling inquiries and requests made via the contact channel provided by the User - the legal basis for data processing is Article 6 section (1)(f) of GDPR;

• for marketing purposes, including profiling for marketing purposes - the legal basis for data processing is Article 6(1)(f) GDPR;

• for marketing purposes, including for the purpose of presenting personalized advertisements and using remarketing - the legal basis for data processing is Article 6(1)(a) GDPR;

• for the purpose of using our partners' tools supporting the operation of the Website and the use of such tools to enable the use of the Website's functionalities in accordance with point XIII of this policy - the legal basis for data processing is Article 6 section 1 (f) of GDPR, and in situations required by applicable law Article 6 section 1 (a) of GDPR, i.e. the User’s consent.

VII. RECIPIENTS OF PERSONAL DATA

Users' personal data may be provided by the Administrator to:

• other companies belonging to the Administrator's capital group and companies cooperating with the Administrator, insofar as providing such data is necessary in connection with the performance of the Administrator's interests;

• persons authorized by the Administrator, i.e. employees and associates, who need to have the access to the personal data in order to perform their duties;

• Users' personal data may be transferred to our partners and external entities providing services for the Administrator and processed by them in order to enable them to perform the services ordered by the Administrator, including IT service providers, entities providing real estate agency services, administrative, postal or courier services, as well as accounting, marketing and legal services;

• to public authorities or bodies entitled to obtain data on the basis of applicable law, e.g. courts, law enforcement agencies or state institutions, when they make a request on the basis of an appropriate legal basis.

In case of a data security breach, certain personal data may be subject to disclosure to authorities competent to protect such data.

When we work with Administrator partners or third-party suppliers, such third-party suppliers may be located either in countries that are members of the EU or outside the European Economic Area (EEA).

Where our partners or suppliers are based outside the EEA, the Administrator ensures that any transfer of data outside the EEA takes place in accordance with the applicable laws in this regard. The level of data protection in countries outside the EEA may differ from that guaranteed by European law. In particular, we may transfer data to our partners outside the EEA on the basis of decisions issued by the European Commission or standard data protection clauses (e.g. when the transfer is made in connection with the Administrator's use of the Google Analytics tool, Microsoft Clarity).

All third parties are obliged to comply with the Administrator's guidelines and to implement appropriate technical and organizational measures to protect Users' personal data. Recipients of data may act as our processors (in which case they are fully subject to our instructions as to the processing of personal data) or as independent controllers (in which case you should additionally read the rules of processing personal data by these entities).

VIII. RIGHTS OF PEOPLE TO WHOM THESE DATA CONCERN

User of Services has the following rights with respect to personal data processed by the Administrator:

• The right of access to the User's personal data;

• Right to rectify User's personal data, if the data is inaccurate or incomplete;

• The right to erasure of personal data;

• The right to object to the processing of the User's personal data. The right to object applies when the processing of data by the Administrator is based on the Administrator's legitimate interest, e.g. for profiling data for marketing purposes. After receiving the objection, the Administrator will stop processing the data for those purposes, unless there are compelling legitimate grounds that override the User's interests, rights and freedoms, or the User's data are necessary for the Administrator to possibly establish, assert or defend claims;

• If the User has given his/her consent to the processing of personal data, e.g. in case of subscribing to a newsletter or consenting to receive commercial information, the User may withdraw his/her consent to further processing at any time. Consent may be withdrawn at any time by contacting the Administrator at the e-mail address given in Section IV of this Privacy Policy. Withdrawal of consent does not affect the lawfulness of data processing carried out by the Administrator before the withdrawal of consent by the User;

• the right of access to the User's personal data;

• the right to limit the processing of the User's personal data;

• the right to lodge a complaint to the supervisory authority.

IX. STORAGE PERIOD OF PERSONAL DATA

The Administrator shall store and process Users' personal data for the period necessary for the purposes of fulfilling the purposes of processing indicated in Section VI of this Privacy Policy or in accordance with mandatory provisions of law, e.g. until the User withdraws his/her consent or until the completion of the contract, when the parties conclude a contract using the functionalities of the Website.

Once the purpose of the processing has been achieved, the Administrator shall delete or anonymize the personal data, and where the Administrator intends to process the data for analytical purposes, the Administrator undertakes to use the data to the extent adequate and necessary for the specified purposes of the processing, and in particular in a manner that prevents the identification and identification of data subjects (e.g. by using pseudonymization mechanisms).

X. PROTECTIONS

The Administrator shall apply appropriate and adequate technical and organizational measures to ensure an adequate level of security and integrity of the Users' personal data, using proven technological standards to prevent unauthorized access to the Users' personal data or other threats to personal data.

XI. COOKIES AND SERVER LOGS

1. The Website uses cookies, which are short text information saved in a web browser, for the purpose of its operation.

2. When you reconnect to the Website, the website recognizes the device on which the page is opened. The files can be read by the system used by the Administrator, as well as by the service providers used in the creation of the Website.

3. Some cookies are anonymous, which makes it impossible to identify the user without additional information.

4. Your web browser by default allows the use of cookies on the devices used by you, so the first time you visit the Website a message appears asking you to consent to the use of cookies.

5. Cookies used in the operation of the Website have the following functions:

a) session status - cookies carry, among other things, information about how visitors use the Website, such as which subpages they view most often. They also make it possible to identify any errors that are displayed. Cookies used to save the so-called "session status" therefore help to improve services and increase the comfort of browsing;

b) creation of statistics - cookies are used to analyze how users use the Website (how many open the website, how long they stay on it, which content arouses most interest, etc.). This allows us to continuously improve the Website and adapt its operation to the preferences of users.

c) advertising purposes - cookies allow to display advertisements on our partners' websites or advertisements using our partners' tools (retargeting or remarketing) detailed in Section XIII below, including personalized ads.

d) Purposes related to improving the user experience on the Website – cookies enable the tracking of user sessions and the analysis of their interactions, such as clicks or scrolling. Cookies collect data anonymously, allowing for a better understanding of user behavior and the optimization of the website.

6. If you do not wish cookies to be used when viewing the Website, please change the settings in your Internet browser as follows:

a) completely block the automatic handling of cookies, or

b) request notification each time cookies are placed on your device. The settings can be changed at any time.

7. Disabling or restricting the use of cookies may result in significant difficulties in using the Website, e.g. in form of longer page loading time, restrictions on the use of functionalities, etc.

8. Using cookies it is possible to remember e.g. favourite apartments in our offer by the User of the Website, we can also determine the source of entrance to our website (UTM; for the Administrator's analytical or statistical purposes), the history of apartments viewed in the Administrator's offer or the history of website visits, etc.

9. Some events triggered by persons using the Website and information about them are recorded in the form of server logs. Data saved in this way are used only for proper administration of the Website, ensuring its proper operation and uninterrupted performance of its particular functionalities.

10. The following information may be saved as server logs:

a) brand and model of the device on which the Website is opened;

b) hardware identifier;

c) type and version of the operating system

d) date and time of login,

e) name and version of the Web browser,

f) IP address of the device.

11. Logs of individual user actions may also be stored in form of logins. In this case, the logs are available in tools designed to handle individual functionalities of the Web Site.

12. The data indicated in paragraph 9 above are not associated with specific users, and their use only covers the activities indicated in paragraph 8 above.

XII. SOCIAL MEDIA plug-ins

The Website uses so-called social plug-ins that redirect users to Administrator's profiles held on social networking sites (Facebook, LinkedIn, Instagram).Using functionalities offered by these plug-ins, Users can go to a page belonging to the Administrator (so-called "Fanpage") in a selected social networking service and read information about the Administrator in services to which they are redirected.

While using the above mentioned plug-ins, data exchange between the User and the given social network or website takes place. However, the Administrator does not process the data collected by administrators of the said services while using the plug-ins. Therefore, the Administrator encourages to read the regulations and privacy policies of these services before using a given plug-in. The use of certain functions of the indicated providers may be associated with the use of cookies of external entities.

Personal data provided voluntarily on Fanpage will be processed by the Administrator in order to manage a given Fanpage, communicate with you, including answering your questions, interact with you, inform you about the Administrator's offer and events, create a Fanpage community on a chosen platform, to which redirection in form of social media plugins. From the moment you click on a given plug-in, your personal data is processed by a given service/social network, and its owner becomes a joint controller of your personal data in accordance with Article 26 of GDPR. With regard to the data you voluntarily provide on social networking sites, you have the rights set out in section VIII of this Policy.

For more information on the technologies used, please refer to the privacy policy of the respective provider:

Facebook: http://www.facebook.com/policy.php

LinkedIn: https://pl.linkedin.com/legal/privacy-policy?

Instagram: https://www.facebook.com/help/instagram/155833707900388/

Google: https://business.safety.google/privacy/

XIII. OTHER TOOLS USED BY THE ADMINISTRATOR

For some functions on our Website, we use the services of external providers. The respective services are mostly optional functions that must be clearly selected or used by you (e.g. YouTube or Vimeo services for viewing presentations or videos posted by us on these services).

We have entered into contractual agreements with the relevant providers for the provision or integration of their services and, within the scope of our capabilities, we endeavour to ensure that external providers also transparently inform you about the scope of the processing of your personal data and comply with data protection laws.

1. SERVICES FROM GOOGLE INC:

a) Google MAPS

As part of our Website, we use the Google Maps service provided in connection with certain functionalities of the Website (redirection to the location of the Administrator's investments). This constitutes a legitimate interest within the meaning of Article 6 section (1)(f) of the GDPR, which is also the legal basis for the use of Google Maps. This service is provided by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94034, USA ("Google").

In order to use Google Maps service, it may be necessary to store your IP address. This information will, in principle, be transmitted to Google servers in the USA, where it will then be stored. The Website Administrator has no influence on this data transfer.

b) YouTube

Our website integrates videos from YouTube, for the playback of which we use a plug-in of the YouTube service operated by Google (hereinafter: „YouTube”). The operator of the service is Google.

We use YouTube in order to be able to show you videos and thus better inform you about us and our services. The legal basis for the integration of videos is our legitimate interest within the meaning of Article 6 section 1 (f) of GDPR. However, the use of YouTube for the playback of the videos and the associated further data processing is only carried out on the basis of your consent within the meaning of Article 6 section 1 (a) of GDPR;

c) Google Ads

Google Ads is a service provided by Google in connection with users of the Website, which enables the Administrator to reach persons who have already visited the Website with an appropriately tailored advertising message. This function makes it possible to attract to the Administrator's offer on his/her website users who have already used it. The Administrator hereby informs these persons that he has already visited his Website or collects information about them for the purpose of these functions.

The above-mentioned Google Ads technology (including for retargeting or remarketing purposes) allows displaying relevant advertising to users who have previously visited the Website, even after they have left the Website. This requires recognition of internet users by the service provider, for which Google cookies are used.However, Google will not process any data that would allow the identification of the person to whom the advertisement is addressed. The legal basis for the use of this service and cookies is your consent pursuant to Article 6 section 1 (a) of GDPR in connection with the justified interest of the administrator i.e. Article 6 1 (f) of GDPR.

More information on the Google Ads service is available at: https://business.safety.google/privacy/

d) Google's augmented conversions

Google's augmented conversions feature is a service provided by Google associated with the use of Google Ads, allowing GoogleAds conversion tracking and accurate measurement of conversions when cookies are not available. By using this feature, conversion taggers can capture anonymized user information collected on a converted page and then match it with information about logged-in Google users. This enables the Administrator to better manage ongoing Google Ads campaigns. Augmented conversions send encrypted user data to the system: email address and phone number. The data is not visible to anyone and is stored in encrypted form in the database.

The use of personal data collected through this technology for marketing purposes, in particular for the analysis of the effectiveness of marketing activities, is carried out only on condition that the User has given his/her consent to the use of his/her personal data. The legal basis for the use of the indicated service and cookies is your consent pursuant to Article 6(1)(a) GDPR in conjunction with the administrator's legitimate interest, i.e. Article 6(1)(f) GDPR.

More information on Google's augmented conversion service is available at: https://support.google.com/adspolicy/answer/7475709?sjid=8202092423848286538-EU

e) Google Analitycs

Google Analytics uses its own cookies primarily to report user interactions with the Website. In case of this service, cookies are used for analytical and statistical purposes of the Administrator (information about User activity and use of the Website).

Google Analytics also supports an optional browser add-on which, when installed and activated, disables Google Analytics measurements on all pages viewed by the user:• https://tools.google.com/dlpage/gaoptout/.

In some cases, data collected using the aforementioned tool may constitute personal data, i.e. information such as pseudonymous cookie identifiers, pseudonymous ad display identifiers, IP addresses, other pseudonymous user identifiers. Google Analytics collects IP addresses to ensure safe use of the service and to inform website owners which countries, regions and cities users come from ("geolocation by IP").

The legal basis for the use of this service towards you is your consent in accordance with Article 6 section 1 (a) of GDPR in connection with the justified interest of the administrator, i.e. Article 6, section 1 (f) of GDPR.

More information about the service is available at: https://support.google.com/analytics/answer/6004245#zippy=%2Cpliki-cookie-i-identyfikatory-google-analytics .

f) Google ReCaptcha

In order to protect against abuse of our web forms or the sending of unsolicited information (spam), we may use Google's reCAPTCHA service within certain forms on this website. This service prevents automated software (known as bots) from performing fraudulent activities on the Website. This service consists of transmitting your IP address and other data required by Google for the reCAPTCHA service to Google. Pursuant to Art. 6 section 1 (f) of GDPR, this serves to protect our legitimate interests in protecting our Website.

More about the privacy policy for tools used on the Administrator's Website from Google: https://policies.google.com/privacy?hl=pl .

2. FACEBOOK ANALYTICS/ADVERTISING SERVICES

The Administrator may use tools on its Website that enable it to display personalized advertising on Facebook, i.e. the company Meta Platforms, Inc. 1601 Willow Rd Menlo Park, CA, 94025-1452, USA.

Advertisements will be presented only to users who have an account with the social network "Facebook", and the data of Website Users will be processed only to recognize the User in order to present him/her with a customized advertising message using cookies, but will not allow to determine the identity of the User. The Administrator does not combine the data used for retargeting or remarketing with any other data. In addition to advertising purposes, tools from Facebook such as the "Facebook Pixel Tag" may also be used for analytical and statistical purposes. The legal basis for the use of the "Facebook" service and cookies from this provider is your consent in accordance with Article 6 section 1 (a) of GDPR in connection with the justified interest of the administrator, i.e. Article 6, section 1 (a) of GDPR;

More about the privacy rules for tools from Facebook: https://www.facebook.com/privacy/explanation .

3. HOTJAR

In addition, we use Hotjar for statistical analyses. Hotjar is a web analytics service provided by Hotjar Ltd, Level 2, St Julians Business Centre 3, Elia Zammit Street, 3155 St Julians STJ, Malta ("Hotjar"). Hotjar uses cookies to enable it to analyse users' use of the website.The information generated by cookies about your use of the Website is usually transmitted to and stored by Hotjar on servers in Ireland.Hotjar does not process your entire IP address, however, if you do not wish Hotjar to collect data, you can disable this option here: https://www.hotjar.com/legal/compliance/opt-out. The legal basis for processing your data is your consent in accordance with Article 6 section 1 (a) of GDPR in connection with the justified interest of the administrator, i.e. Article 6 section 1 (f) of GDPR.

More information you are able to find at: https://www.hotjar.com/legal/policies/privacy lub https://www.hotjar.com/legal/compliance/gdpr-commitment.

4. VIMEO.COM INC.

As part of our Website, we may present certain content to you using the services of Vimeo.com Inc. based at 555 West 18th Street New York, NY 10011 USA, in order to be able to show you videos and thus better inform you about us and our services.

The legal basis for the integration of videos is our legitimate interest within the meaning of Article 6 section 1 (f) of GDPR. However, the use of Vimeo for the playback of the videos and the associated further data processing is only carried out on the basis of your consent within the meaning of Article 6 section 1 (a) of GDPR;

You can find more about the privacy policy in connection with the use of Vimeo at: https://vimeo.com/privacy.

5. Microsoft Clarity
For the purposes of optimizing and improving the user experience of our website, including adapting it to their needs, we use the Microsoft Clarity tool, which is a service provided by Microsoft Corporation, One Microsoft Way, Redmond, WA 98052-7329 USA. Microsoft Clarity records each visitor to the website, allowing for the playback of video recordings of their activity on the site, and generates heatmaps indicating the areas and elements of the website that are of most interest to its users. Microsoft Clarity does not record the process of filling out forms used to submit personal data. A special Microsoft Clarity tracking code has been implemented on the website, which uses cookies from Microsoft Corporation. The information collected through these cookies is stored by Microsoft in a pseudonymous user profile – such profiles do not contain personal data. Neither Microsoft nor the website owners use this information to identify users.
The legal basis for data processing is your consent in accordance with Article 6(1)(a) of the GDPR, in connection with the legitimate interest of the Administrator, which is Article 6(1)(f) of the GDPR.
More information can be found at: Microsoft Clarity FAQ and Microsoft Privacy Statement.

XIV. PROFILING

The data provided by Users on the Administrator's websites will not be subject to automated decision-making, however the Administrator reserves the right to profile User data for marketing purposes.

XV. FINAL PROVISIONS

1. To the extent not governed by this Policy, the applicable generally applicable provisions shall apply, in particular GDPR and the Act of 16 July 2004. Telecommunications Law.

2. The User shall be informed of any amendments to this Policy by publication of the new text of the Policy on the Website and by displaying a message upon entering the Website.

3. This Policy shall be effective from 08.03.2022.