General provisions:
1. The administrator of personal data of Tenants, persons authorized to drive the vehicle and personal data obtained via the website www.express.pl is Express spółka z ograniczoną odpowiedzialnością spółka komandytowa with its registered office in Kraków, ul. Puszkarska 7F 30-644 Kraków, entered into the Register of Entrepreneurs of the National Court Register under KRS number: 0000434068, NIP number: 6770046633, REGON number: 008156612 (hereinafter referred to as the Landlord).
2. This Privacy Policy sets out the rules for the processing of personal data obtained via the website www.express.pl, hereinafter referred to as the Website, and also constitutes an information clause regarding data processing.personal data by the Lessor as part of its vehicle rental business.
3. GDPR is Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of personsnatural persons in connection with the processing of personal data and on the free movement of such data and repealDirective 95/46/EC (General Data Protection Regulation). The GDPR specifies the rules for the processing of personal dataappliesLandlord.
4. The Landlord has appointed a Data Protection Inspector who can be contacted at the telephone number + +48334861986 and the email address [email protected]. You can contact the Data Protection Inspector in all matters relating to the processing of personal data and the exercise of rights related to data processing.
Using the Website and Hotline:
5. The Landlord takes special care to respect the privacy of users visiting the Website.
6. In connection with the user's use of the Website, the Landlord collects data to the extent necessary to provide servicesindividual services offered, as well as information about the user's activity on the Website. They are described belowdetailed rules and purposes of processing personal data collected when the user uses the Website.
7. In connection with the use of the Hotline, your personal data as potential tenants - name, surname, company, e-mail address - will be processed at your request in order to present a vehicle rental offer and conclude a contract with Express, andthe legal basis for data processing is the need to take the necessary actions before concluding a contract at your request (Article 6(1)(b) of the GDPR), these data will be processed for the period necessary to present the offer, and after that time they may be processed for the limitation period possible claims, but no longer than 6 months from the date of submitting the inquiry.
8. Telephone conversations conducted via the Hotline are recorded and information about this fact is provided each time at the beginning of the conversation. If a potential tenant does not consent to recording, he or she may contact the Landlord via e-mail or traditional mail. Call recordings are processed for the purpose of concluding a contract, obtaining consent for verification in the KRD and improving services. The basis for processing is the legitimate interest of the Landlord (Article 6(1)(f))
9. The Landlord collects information on how users use the Website (including the IP address or other identifiers and information collected via cookies or other similar technologies). This information is used:
a) in order to provide services electronically in the scope of making content collected on the Website available to users - then the legal basis for processing is the necessity of processing to perform the contract;
b) for analytical and statistical purposes, then the legal basis for processing is the legitimate interest of the Landlord, consisting in conducting analyzes of users' activity as well as their preferences in order to improve the functionalities used and the services provided;
c) for the purpose of marketing the products and services provided by the Lessor and for the purpose of presenting themappropriate offer, advertising and promotion, including through profiling in order to determine the user's preferences or needs - and the legal basis for data processing is the legitimate interest of the Landlord.
10. The user's activity on the Website, including his or her personal data, is recorded in the system logs. The information collected in the logs is processed primarily for purposes related to the provision of services. The Landlord also processes them for technical and administrative purposes, to ensure the security of the IT system and to manage this system, as well as for analytical and statistical purposes - in this respect, the legal basis for processing is the legitimate interest of the Landlord.
11. The Landlord processes user data provided in the inquiry form on the Website in order to respond to submitted inquiries, and this data will be processed on the basis of the consent granted to the processing of data in order to answer the inquiry, as well as on the basis of the legitimate interest in communicating with the user. , handling his query, as well as for analytical and statistical purposes (keeping statistics of inquiries submitted by users via the Website in order to improve its functionality) and to defend against possible claims. The data provided in the inquiry form on the express.pl website will be processed for the period necessary to respond to the submitted inquiry, no longer than for a period of 6 months from the date of last contact, unless longer processing is necessary to defend against possible claims.
12. The data provided when subscribing to the newsletter (e-mail address) is used to send the newsletter, and the legal basis for their processing is the consent expressed by providing the e-mail address for this purpose. The data will be processed for 3 years from the date of consent or from the date of receipt of the last newsletter, unless the user unsubscribes from receiving it earlier. However, unsubscribing from the newsletter does not result in deletion of data from the database. The data will still be stored in the mailing system in order to defend against possible claims related to sending the newsletter, in particular for the purpose of demonstrating consent to receiving the newsletter, which constituteslegitimate interest of the Landlord.
13. Providing personal data for the purpose of sending the newsletter and in the inquiry form is voluntary and is not necessary for the conclusion and performance of contracts with the Landlord.
14. If the user posts any personal data of other people on the Website (including their name and surname, address, telephone number or e-mail address), he or she may do so only provided that the law and personal rights of these persons are not violated.
15. Information collected by the Landlord in connection with the use of the Website may be processed in the following manner:automated, including in the form of profiling, but this will not produce any legal effects for users or affect their situation in any way. In particular, automated processing, profiling and any other data processing for statistical purposes will be based on anonymized data.
16. The rules for using the user account are described in the Regulations for using the user account, available at www.express.pl in the footer of the website.
17. Express may transfer user data to suppliers based in a third country in connection with the use of tools used for statistical, reporting and advertising purposes, which store personal data on servers located in third countries, in particular in the USA. Providers of these tools guarantee an adequate level of personal data protection through appropriate compliance mechanisms provided for by the GDPR, in particular through the use of standard contractual clauses. The providers of these tools do not use the collected data to identify you or combine this information to enable identification.
18. Other rules regarding data processing on the Website are provided below and also apply to users using the Website
Provision of vehicle rental services:
19. The Landlord processes the following categories of personal data:name and surname, e-mail address, company name, residential address, telephone number, PESEL number, NIP, ID card number, passport number, driving license number, country of issue of the driving license, date of birth, gender, Tenant's bank account number, data regarding settlements and payments, location data of the rented vehicle, route, booking history on the Website. The above data range is a list of all possible data occurring in the rental process. In fact, the scope of processed data is tailored to the processing purposes.
20. Personal data of Renters and persons authorized to drive the vehicle will be processed for the following purposes:a) concluding and performing a vehicle rental agreement, as well as taking steps before concluding the agreement and providing services electronically, presenting a vehicle rental offer at the request of a potential Tenant before concluding the agreement, and the legal basis for processing is the necessity of data processing to perform the agreement (GDPR Art. 6(1)(b)b) implementation of the legally justified interest of the Landlord (GDPR Art. 6(1)(f), consisting of:• securing the property entrusted by the Lessor, in particular to locate the rented vehicle in case it failsloss, misappropriation or theft,• verification of proper performance of the contract - including verification of compliance with the ban on leaving the territory of the countries indicated in the contract and regulations,• determining and pursuing claims or defending against claims, in particular payment for fines, parking fees and othersoffenses committed by the Tenant during the rental period,• protecting the Landlord against abuse, in order to verify the identity of the Tenant and persons authorized to drivevehicle and driving license,• examining the quality of the services provided by the Landlord by contacting the Tenant by e-mail or telephone or by inviting him to express his opinion on the rental via the Tust Pilot or Google portal. Detailed descriptioncan be found in the Opinion Regulations.• conducting marketing in the scope of products and services provided by the Landlord and for the purpose of presenting themappropriate offer, advertising and promotion, including through profiling to determine the preferences or needs of Tenants,• conducting analyzes and reports for statistical purposes;• verification of the Tenant's payment credibility in the National Debt Register Economic Information Office S.A. (KRD BIG), and the verification will be carried out in order to conclude the contract and on the basis of the Landlord's legally justified interest in verifying the Tenant before concluding the contract (more on this below); Verification is carried out onbased on the consent granted. Consent is voluntary, but necessary to complete rentals for some channelsservice implementation.c) fulfillment of legal obligations (GDPR Art. 6(1)(c) imposed on the Lessor, in particular tax regulations and accounting regulations regarding the storage of tax and accounting documents.
21. Data storage period:
a) Personal data will be processed for the duration of the contract, and after its termination for a period of 6 years for natural entities and 3 years for legal persons. The period of storage of personal data may be extended each time by the limitation period for claims, if the processing of personal data is necessary to pursue possible claims or to defend against such claims by the Landlord;b) In the case of data processing based on consent, the data will be processed no longer than 3 years from the date of the last marketing contact;c) In the case of data processing on the basis of legitimate interest for marketing purposes - the data will beprocessed for the duration of the legally justified interest of the Lessor, but no longer than 3 years from the date of the last marketing contact, unless the Lessee or a person authorized to drive the vehicle objects to the processing of data for marketing purposes;d) In the case of data processing due to legal obligations imposed on the Lessor - until the obligation to store data resulting from the regulations expires; This mainly applies to invoices and the data contained therein, which will be stored for 5 years from the end of the year in which the tax settlement for this transaction is due.e) In the case of service quality testing, data will be processed for this purpose for no longer than 1 month from the end of the last vehicle rental. If the Tenant issues an opinion on the Trust Pilot or Google portals, the data will be stored for up to 3 years from the date of publication of the opinion. and if no opinion is issued, up to 3 months.f) In the case of recordings of calls from the Hotline, data is stored for 24 months. 12 months based on the administrator's obligation to verify the Lessor's credibility in the KRD and another 12 months based on the Tenant's legitimate interest in pursuing or defending against claims, including resolving complaints with the Tenant's partners.
22. Providing personal data is voluntary, but necessary to conclude and implement contracts between the Tenant and the Landlord. Providing personal data for marketing purposes is voluntary and is not necessary for the conclusion and performance of contracts with the Landlord.
23. The Lessee and the person authorized to drive the vehicle have the right to lodge a complaint with the supervisory authority, i.e. the President of the Personal Data Protection Office.
24. The Lessee and the person authorized to drive the vehicle have the right to access the data and rectify, delete or limit processing, as well as the right to object, demand cessation of processing and the right to transfer data. You can exercise the above rights by reporting to the Personal Data Inspector.
25. If the basis for data processing is consent, it may be withdrawn at any time, which will not, however, affect the lawfulness of the processing carried out on the basis of consent before its withdrawal. You can withdraw your consent by contacting the Personal Data Inspector.
26. Data of the Renter and the person authorized to drive the vehicle may be made available to the Lessor's subcontractors in the field of marketing activities, including internet portals specializing in building trust between companies and consumers, such as Trust Pilot, Google or the like, the Economic Information Bureau S.A., vehicle insurers and entities participating in the provision of the vehicle rental service, in particular those providing assistance services, mechanical repairs, bodywork and painting services to the Lessor, and the company HOLDING 1 S.A. in the event of consent to the processing of data for marketing purposes.
27. Data of the Renter and the person authorized to drive the vehicle may be made available to entities and bodies appointed to impose and enforce fees for the use of public roads in accordance with the Act of March 21, 1985 on public roads (Journal of Laws No. 14, item 60) and fines imposed on the basis of the Act of May 20, 1971 - Code of Petty Offenses (Journal of Laws No. 12, item 114) and the Regulation of the Prime Minister of November 24, 2003 on the amount of fines imposed by way of penalty notices for selected types of offenses (Journal of Laws No. 208, item 2023). If, for any reason, the Landlord is charged the above-mentioned fees or charges of a similar nature and pays the above-mentioned fees, I undertake to refund the above-mentioned fees to the Landlord.
28. Source of personal data: a) directly from the Tenant with whom the rental agreement is concluded or from the Website user; b) in the case of purchasing the service of an additional driver - the data was made available to the Lessor by the Lessee with the consent of the given person or directly by the person who is an additional driver; c) in the case of renting a replacement vehicle from the Offender's third party liability insurance or Assistance, the Tenant's data was made available to the Lessor by the Insurance Company; d) if the vehicle was booked on the intermediary's website, the Renter's data was made available to the Lessor by the intermediary; e) in the case of renting a company vehicle, the data of the person authorized to drive the vehicle were made available to the Lessor by the employer.
29. The Landlord is entitled to verify the Tenant's payment credibility in cooperation with the National Debt Register Biuro Informacji Gospodarczej S.A. (KRD BIG). The Landlord is entitled to make the conclusion of an agreement with the Tenant conditional on his verification in KRD BIG. The basis for verifying the payment credibility of the Tenant who is a consumer by submitting an application to KRD BIG for disclosure of economic information is the authorization granted by the consumer. The authorization is granted by the Tenant's consent to verify his payment credibility in KRD BIG. The legal basis for the above action is section 24. 1 of the Act on the provision of economic information and the exchange of economic data. If the consumer does not consent to verification, the Landlord has the right to refuse to conclude an agreement with the Tenant. In order to obtain information about the Tenant's payment credibility, the Landlord will process the Tenant's PESEL or NIP number. The Landlord is entitled to store the obtained data for up to 90 days from their acquisition and 12 months of information that such reliability has been checked.