Terms & Conditions
§ 1 General Provisions
1. These Regulations apply to websites fresh-market.pl, freshmarket.com.pl, freshmarket.eu, freshka.eu, freshka.fresh-market.pl (hereinafter referred to as “Website or Services”), whose administrator is KJOW Sp. z o.o., ul. Marii 17/25 05-803 Pruszków, NIP: 1181976336, REGON: 141654548 (hereinafter referred to as the “Administrator”).
2. The Regulations are available on the Website and at fresh-market.pl.
3. The administrator of personal data collected through the Website is KJOW Sp. z o.o. with headquarters in Pruszków, ul. Marii 17/25, 05-803 Pruszków, registered in the National Court Register, kept by the District Court for the Capital City of Warsaw, XIV Economic Department of the National Court Register, under KRS number 0000321131.
4. Personal data are processed in accordance with 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 and the Act on the provision of electronic services of July 18, 2002 (Journal of Laws 2002 No. 144, item 1204, as amended).
5. The Administrator reserves the right to amend the Regulations after publishing it at the above address.
§ 2 Purpose and scope of data collection
1. Pursuant to 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) we inform that personal data provided by you (hereinafter User / Client / Client) in registration and newsletter forms on the Website, in registration for the annual Fresh Market conference and when submitting to the Fresh Market Guide and Fresh Market Award, we use only for activities related to the activities of KJOW Sp. z o.o.
2. We use the data entrusted to us solely for the purpose of:
- enabling the use of the Services;
- participate in the annual Fresh Market Conference;
- participating in online meetings using the Fresh Market B2B Meetings application (also called “Freshka”);
- participate in online meetings using external applications indicated by the Administrator;
- signing up a sales contract or contract for the provision of electronic services (e.g. account on the Website, access to the Fresh Market B2B Meetings application);
- informing about our offers and events;
- sending information and advertisements regarding the fruit, vegetables, mushrooms and flowers market.
3. In the case of a Client who uses the method of delivery by post or courier, the Administrator provides the Client’s collected personal data to the selected carrier or intermediary performing the shipment at the request of the Administrator.
4. In the case of a Client who uses the Website with an electronic payment method or payment card, the Administrator provides the Client’s collected personal data to the selected entity servicing the above payments on the Website.
5. In the case of a Client who uses the Online meeting service on the Website, the Administrator provides the Client’s collected personal data to the selected entity operating online meetings. Only to the extent necessary to use the service (usually email address).
6. The Administrator may process the following personal data of users using the Website: name and surname; e-mail address; contact telephone number; delivery address (street, house number, apartment number, zip code, city, country), address of residence / business / registered office (if different from the delivery address). In the case of Service recipients or Clients who are not consumers, the Administrator may additionally process the company name and tax identification number (VAT/NIP) of the Client.
7. Providing personal data by is voluntary, but failure to provide personal data necessary to conclude and implement the Sales Agreement or the contract for the provision of Electronic Services indicated on the Website’s website and Website Regulations results in the inability to conclude this contract.
8. The basis for processing personal data of the Service Recipient or Client is the need to perform the contract to which he is a party or take action at his request before its conclusion. In the case of data processing for the purpose of direct marketing of the Administrator’s own products or services, the basis for such processing is (1) the prior consent of the Service Recipient or Client or (2) fulfillment of legally justified purposes pursued by the Administrator (pursuant to Article 23 (4) of the Personal Data Protection Act the legitimate justification is in particular direct marketing of the Administrator’s own products or services).
9. The personal data administrator is at KJOW Sp. z o.o.
10. You have the right to:
- withdrawal of consent to the processing of personal data at any time, whereby withdrawal of consent does not affect the lawfulness of the processing that was carried out on the basis of consent before its withdrawal;
- withdrawal of consent to data processing for direct marketing of the Administrator’s own products or services;
- lodging a complaint to the supervisory body, i.e. the Inspector General for Personal Data Protection;
- request from the personal data administrator access to the personal data provided, rectification or deletion or limitation of processing, as well as from 25 May 2018 – the right to transfer data to another administrator;
- in order to exercise the rights referred to above, you can contact the Administrator by sending an appropriate message in writing or by e-mail to the Administrator’s address indicated on the Website.
11. Providing personal data is voluntary, but without providing it, you will not be able to use the services offered by the Website and participate in Fresh Market conferences and meetings.
12. Personal data are processed by the organizer KJOW Sp. z o.o. on the basis of consent (from 25 May 2018 – on the basis of art.6 par.1 lit.a) of Regulation (EU) 2016/679 of the European Parliament and of the Council 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, called the General Data Protection Regulation).
13. The organizer does not make automated decisions regarding processed data, including profiling. The personal data provided will be stored for the period necessary to use the Services or participate in Fresh Market conferences, Fresh Market meetings, but not longer than until the consent for data processing is revoked, subject to any further processing permitted by law, including in the scope of settling claims related to the processing of personal data by the Administrator (including limitation periods).
14. In matters related to the Protection of Personal Data, please send messages only to the dedicated email address: ido@kjow.pl.
§ 3 Fresh Market B2B Meetings application
1. The Administrator is the owner and author of the application for arranging online meetings for producers, suppliers, buyers and importers of fruit, vegetables, mushrooms and flowers.
2. Fresh Market B2B Meetings (also called Freshka, application) – a web application available on the website freshka.eu and freshka.fresh-market.pl, intended for the presentation of offers, requesting, informing about prices of fresh fruit, vegetables and flowers , as well as to make contact regarding trade in goods and services between application users.
3. Application users – people with active package of the “Fresh Market Online Meetings”.
4. The condition of using the application is that the User accepts the Regulations, provide the necessary data in the registration process and declare that the data provided is true. Providing data is necessary to complete the registration process. The User is the person who set up the Account or received access data to the application from the Administrator.
5. The User using the application agrees to the provisions of these Regulations.
6. The data provided by the User are processed by the Administrator for the purposes of the application. Users with the account type ‘Supplier’ may provide contact details to users with the account type ‘Buyer’ to make contact. The User has the right to inspect, correct and delete the submitted data.
7. The User agrees to take over all legal obligations and legal costs, in the event of a third party claims against the Administrator arising from actions performed by the User in the application.
8. During the use of the application, cookies necessary for the proper performance of the service by the Administrator are saved on the User’s computer.
9. The user has the right to use the application in a manner consistent with its use, Polish law, decency and social norms.
10. The User may contact the Administrator using the form provided on the contact page (http://www.freshka.eu/zglos-problem).
11. Any arrangements made when using the application may not translate into any legal and material obligations for any of the users of the application.
12. Using the application is free for all participants of the Fresh Market Conference in a given year who have an active annual “Full Access” package of the fresh-market.pl portal.
13. 13. The Administrator is not responsible for:
- content transmitted and obtained by Users via a chat created in the application;
- proper operation of the application function;
- the consequences of improper use of the application by its Users;
loss of content posted and obtained by the User and any material damage resulting therefrom.
14. The Administrator reserves the right to:
- closing the application without notification;
- making changes to the available functionalities as well as removing them;
- cease to provide services after prior notification to Users in the application.
§ 4 Privacy and Cookies Policy
1. Cookie files (so-called “cookies”) are IT data, in particular text files, which are stored on the Website User’s end device and are intended for using the Website’s pages. Cookies usually contain the name of the website from which they originate, storage time on the terminal device and a unique number.
2. The entity placing and accessing cookies on the Website User’s end device is the operator of the Website KJOW Sp. z o.o. with headquarters in Pruszków, ul. Marii 17/25, 05-803 Pruszków.
3. Cookies are used to:
- adapting the content of the Website pages to the User’s preferences and optimizing the use of websites; in particular, these files allow to recognize the Website User’s device and properly display the website, tailored to his individual needs;
- creating statistics that help to understand how Website Users use websites, which allows improving their structure and content;
- maintaining the Website User’s session (after logging in), thanks to which the User does not have to re-enter the login and password on each subpage of the Website;
- the Website uses two basic types of cookies: “session” cookies and “persistent” cookies. “Session” cookies are temporary files that are stored on the User’s end device until logging out, leaving the website or turning off the software (web browser). Persistent cookies are stored on the User’s end device for the time specified in the cookie parameters or until they are deleted by the User.
4. The Website uses the following types of cookies:
- “necessary” cookies, enabling the use of services available on the Website, e.g. authentication cookies used for services that require authentication on the Website;
- cookies used to ensure security e.g. used to detect fraud in the field of authentication on the Website;
- “performance” cookies, enabling the collection of information on the use of Website pages;
- “functional” cookies, enabling “remembering” the settings selected by the User and personalizing the User’s interface, e.g. in terms of the language or region of the User’s origin, font size, website appearance, etc.;
- “advertising” cookies, enabling users to provide advertising content more tailored to their interests.
5. In many cases, the software used for browsing websites (web browser) by default allows cookies to be stored on the User’s end device. Website Users can change cookie settings at any time. These settings can be changed in particular in such a way as to block the automatic handling of cookies in the web browser settings or to inform about them every time they are placed on the Website User’s device. Detailed information about the possibilities and ways of handling cookies is available in the software (web browser) settings.
6. The Website Operator informs that restrictions on the use of cookies may affect some of the functionalities available on the Website’s pages.
7. Cookies placed on the Website User’s end device may also be used by advertisers and partners cooperating with the Website operator.
8. Detailed information on changing the settings for Cookies and their self-removal in the most popular web browsers are available in the help section of the web browser and on the following pages (just click on the link):
- in the Chrome browser;
- in Firefox;
- in Internet Explorer;
- in the Opera browser;
- in the Safari browser.
9. The administrator also processes anonymized operational data related to the use of the Website (so-called logs – IP address, domain) to generate statistics helpful in administering the Website. These data is aggregated and anonymous, i.e. they do not contain features that identify visitors to the Website. Logs are not disclosed to third parties.
§ 5 Analytical and marketing tools
1. The administrator uses Google Analytics services provided by Google Inc. (1600 Amphitheater Parkway, Mountain View, CA 94043, USA), Facebook services provided by Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA. These services help the Administrator analyze the way the Website is used.
2. Google, Facebook uses cookies to analyze how to use the Website.
3. Information obtained using Cookies is saved on servers used by Google and Faceook, in the United States. If you activate anonymization of the IP address while using the Website, the IP address will be shortened in the Member States of the European Union or other parties to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transferred to the United States and shortened there.
4. At the request of the Google Administrator, Facebook will use this information to evaluate the User’s use of the Website, create reports on website traffic and provide other services related to the use of the Website.
5. The collected data are processed as part of the above services in an anonymous manner (these are the so-called operational data that prevent identification of a person). These data are aggregate and anonymous, i.e. they do not contain features that identify people using the Website.
6. By default, most web browsers and devices available on the market accept saving cookies by default. Everyone has the ability to specify the conditions for the use of cookies using the settings of their own web browser or their own device. This means that you can e.g. partially limit (e.g. temporarily) or completely disable the option of saving cookies – in the latter case, however, this may affect some of the Website’s functionalities.
7. The settings of the web browser or device in terms of cookies are important from the point of view of consent to the use of cookies by the Website – in accordance with the law, such consent may also be expressed through the settings of the web browser or device. In the absence of such consent, you must change your web browser or device settings in the field of cookies.
8. It is also possible to generally prevent the transfer of data from the User’s device to Google, Facebook using cookies (including the transfer of an IP address) by downloading the plug-in for the browser provided at the following address. Detailed information about the principles on which the above services operate, including the principles of data collection and processing are available here: www.google.com/intl/pl/policies/privacy/partners/, https://www.facebook.com/policies / ads /
§ 6 Final provisions
1. The administrator uses technical and organizational measures to ensure the protection of processed personal data appropriate to the threats and categories of data protected, and in particular protects the data against disclosure to unauthorized persons, removal by an unauthorized person, processing in violation of applicable laws and change, loss, damage or destruction.
2. These regulations have been drawn up in the Polish and English language versions. In the event of a discrepancy between the two language versions, the Polish version will prevail.