I. General terms
- Useme sp. z o.o., which is the operator of the website available at www.useme.pl, located at 12-16 Świdnicka Street, 50-068 Wrocław, appearing under the TIN number: 8992744965 (hereinafter referred to as : “Useme”) is the data controller with respect to personal data of Users who are natural persons, within the meaning of the Regulation of the European Parliament and of the Council (EU) 2016/679 of April 27, 2016. (hereinafter referred to as : “GDPR”) and other national legislation, including the LFPDPPP (Ley Federal de Protección de Datos Personales en Posesión de los Particulares), (hereinafter collectively referred to as: “Data Protection Regulations”). The Administrator can be contacted regarding personal data protection issues via the email address: info@useme.com.
- The above means that Useme determines the purposes and means of processing Users' Personal Data and is responsible for ensuring compliance with the Data Protection Regulations. Personal Data of Users is considered to be any information that can directly or indirectly identify them, for example, name, phone number, social security number (PESEL, CURP or other), ID number, email address, place of residence, IP address. Processing of Personal Data is considered to be any activities and operations performed on such Personal Data, including collection, use, disclosure, deletion and other.
- The purpose of this Privacy Policy is to inform site visitors and Users about Useme's measures to protect personal data while being processed, including those data collected through Useme service as well as related services and tools used by site visitors and Users to perform activities such as registering, posting or viewing Job offers, accepting and processing Jobs, and performing a number of other activities related to the regular use of Useme's website and service.
- Use of the Useme Service, available at www.useme.pl, is possible only after having read and accepted this Privacy Policy.
- All capitalized terms not defined herein are as defined in Useme Terms and Conditions.
II. Categories of Processing of Personal Data
In connection with the use of the Useme Service, the following personal data of Users may be collected or otherwise processed:
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Account Data and Profile Data: the creation of an Account by a User may require providing some information identifying the User, which include personal and sensitive personal data about the User, for example, the User's name, social security number (such as PESEL, CURP or other), e-mail address, place and address of residence, Tax ID, telephone number, bank account number, User’s occupational status (self-employed / employee under a legal contract / unemployed), information about special tax treatment (e.g., for disabled or retired persons). Accounts created on Useme Service may be used by the Users to contact each other, for example, in case of interest in a Job offer posted on Useme service, as well as to identify Users and provide Useme's services such as connecting freelancers and clients. In order to use Useme's services, all Users are required to register and provide the information indicated as mandatory. Users may share their personal information and other information on their public profiles (i.e., profiles that can be accessed by any Service website visitor), based on their own decision to make the information public.
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Transactional Data: Useme may process information that constitutes User’s personal data, related to, among other things, publishing Job offers, executing orders, sending messages, communicating with other Users, commenting and settling Jobs including making payments for services provided by or via Useme. The scope of processing of this transactional data depends entirely on the extent to which the User uses Useme's services.
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Personal data processed as part of customer services: Useme, as part of the Useme service, may collect and otherwise process personal data, such as name, surname, e-mail address, social security number or tax ID number, of Users contacting the customer services. The processing of personal data may be necessary to communicate with the User, but also to fulfill requests and inquiries from the User or to take action, for example, in case of User complaint procedures. The communication with the User will be mostly conducted based on the data provided by the User in the User's account on Useme Service.
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Data processed by the website and mobile devices: When it is necessary to provide a service to Users, or in case of a legitimate interest of Useme or a third party (which is, for example, to ensure the security of IT resources or the safety of other Users), Useme is authorized to process data, including personal data transmitted to the server by Users' web browsers or devices. Such data may include, for example, e-mails, the IP address (i.e., the address of the User's device used to access the Useme service), social media IDs, the parameters of the software and hardware used by the User, the pages viewed, the identification number of the mobile device, User cookie ID, information about the use of applications, and other data about devices and use of systems. Data collected via cookies is based on the User's consent in accordance with Useme's cookie policy.
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Google account data for login and registration: Useme allows Users to register and log in to the Useme Service using a Google account. For this purpose, the Administrator will receive from Google the following data from the User's account: profile picture, name, Google account ID, email address. In the case of registration using a Google account, Useme will use the received Google account ID name as the username of the Useme Service account, making it visible to other site visitors and users of the Service. At the same time, the User may revoke the connection to Google ID at any time.
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Personal data processed through surveys: subject to User’s consent, Useme collects and processes data through surveys sent to Users via email or made available directly on Useme service, including personal data, such as name, surname, e-mail address, age, business profile, and other personal data. This data is used to research User’s preferences and customize Useme's offer to meet User expectations, as well as is used for statistical analysis. Giving consent to receive a survey, as well as completing and returning it to Useme, is always voluntary.
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Data in the Comments: All Users may post comments and opinions on Useme service in the public forum in accordance with the Useme Terms of Service. By posting a comment, the User agrees to the processing of his/her personal data, and to disclosure of their comment or opinion to other Useme Users.
- Personal data processed as part of identity verification: User identity verification is part of the standard KYC (Know Your Customer) procedure which aims to ensure the security of our services by applying solutions necessary to prevent and counter the risks of money laundering and terrorism financing. As part of the KYC procedure, Useme is authorized to process (mainly collect and transmit) personal data, such as User’s name and date of birth to entrusted KYC service providers, for the purpose of identity verification.
III. Purposes and legal basis for processing of personal data
Useme processes Users' personal data on the basis of:
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Legitimate interest of Useme or of a third party: the administrator is entitled process Users' personal data for the following purposes:
a. optimization of traffic management on Useme, as well as monitoring of Users' activities including, among others, searched keywords, posted Offers;
b. marketing and advertising, where the Administrator's legitimate interest is to conduct direct marketing and advertising of its own products and services, including using the use of data profiling to prepare offers based on preferences of the Users;
c. enabling Users to register and log in to Useme using data from their Google accounts;
d. displaying and matching Job posts on the Useme service based on previously viewed content, as well as in connection with targeting Users with ads, including contextual advertising;
e. directing Users to a list of customers for the purpose of targeting and optimizing the display and content of advertisements;
f. creating and executing “lookalike” campaigns, whereby data processing will be carried out using privacy mechanisms such as pseudonymization and anonymization;
g. carrying out research and analysis of the Useme service, inter alia, to improve the functioning of the service, to improve the quality of services or to estimate the needs of the Users and Useme service visitors;
h. managing Useme’s administrator profile by responding to messages, comments and feedback from the Users, keeping statistics and archiving content;
i. processing and responding to inquiries made by third parties who are not Users of the Useme service;
j. ensuring the security of IT resources or the security of other Users;
k. conducting communications between the Administrator and Users or between Users, for statistical and archiving purposes, in particular for the use in case of potential claims and disputes involving Users;
l. verifying and investigating the behaviors of Users of the service to ensure that they do not bear the characteristics of bots and artificial intelligence. For this purpose, we use the reCAPTCHA mechanism;
m. collecting and analyzing content and data contained in Users' comments;
n. conducting court, arbitration and mediation proceedings.
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Necessity to perform a contract to which the User is a party: the Administrator is entitled process Users' personal data for the following purposes:
a. ensuring the operation of User Accounts and transactions carried out with Users on Useme;
b. ensuring the security of electronic services provided by the Administrator, including enforcing compliance with Useme's Terms and Conditions;
c. establishing and managing User Accounts;
d. concluding and executing contracts and Jobs concluded within the Useme service;
e. receiving, processing and responding to inquiries, complaints, requests and appeals made by Users;
f. managing and handling payment services, execution of payments, debt collection or settlements for tax purposes;
g. enabling communication and exchange of information between Users, as well as between Users and third parties involved in the execution of contracts and Jobs via Useme service;
h. contacting Users, including for purposes related to the provision of electronic services or User support;
i. enabling Users to make full and safe use of the Useme service.
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Necessity to perform obligations under the law: the Administrator is entitled to process Users' personal data for the following purposes:
a. performing obligations under the law, including tax and fiscal regulations;
b. ensuring the security of the electronic services provided, including the prevention of fraud, abuse, as well as countering the risk of money laundering and terrorism financing;
c. verifying the identity of the User as part of the KYC (know your customer) procedure implemented by the Administrator for the purpose of increasing the security of transactions carried out, as well as countering fraud, abuse, as well as the risk of money laundering and terrorism financing;
d. receiving and processing reports within the framework of national and international laws on whistleblower protection, and following up on reports received;
e. ensuring compliance with the provisions of the Data Protection Regulations, i.e., the ability to demonstrate that:
- personal data is processed lawfully, fairly and in a transparent manner,
- the purpose of the data processing is clearly defined,
- the processed data are adequate, relevant and limited only as to the purposes of processing,
- personal data are correct and updated as necessary,
- personal data are processed in a manner that ensures adequate security,
- storage of data is limited to the strict minimum necessary for the purposes for which they are processed,
- Users' rights are respected, e.g. the right of access, correction, etc.
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Consent given by the User: the Administrator is entitled to process Users' personal data for the following purposes:
a. transmission of data, including personal data, to the server by Users' web browsers or devices. Such data may include, for example, the IP address (i.e., the address of the User's device used to access the Useme service), the parameters of the software and hardware used by the User, the pages viewed, the User's identification number, the identification number of the mobile device, information about the use of website or mobile applications, and other device and system usage data. Automatically collected data via cookies is based on the User's consent in accordance with Administrator’s cookie policy;
b. transferring data, including User login, IP address, cookie ID, to third-party business partners to enable processing and analysis of User activity on various devices, for the purpose of displaying personalized ads and preparing customized offers for complementary services, including, for example, banking services. Any data transfer in this regard is only allowed after the User expresses an interest in any of the services as provided by our business partners. Furthermore, any transfer od Users’ data requires obtaining a separate (additional) consent from User;
c. collecting and researching Users' opinions, preferences and expectations, obtained from surveys, mainly conducted via e-mail or made available directly by means of notifications or pop’ups on Useme service, in order to, among other things, personalize communications, conduct statistical analyses and adapt Useme service to Users' expectations. In this context, the Administrator is entitled to process personal data, including, but not limited to, name, surname, e-mail, age, business profile and other personal data voluntarily provided by the User in a survey. Giving consent to receive a survey, as well as filling it out and submitting it to the Administrator, is always voluntary.
Personal Data will not be processed in an automated manner in a way that the automated processing could trigger legal effects towards the User, including the effects having negative consequences and influence on the rights and obligations of the User towards the Administrator.
IV. Disclosure of personal data
- Users' personal data, including name, surname, e-mail address and address data of Users, can be shared with other Users, as well as with other persons and entities (not being Users), provided that they are directly a party to the Job being carried out, and provided that the sharing of the data occurs to the extent necessary to realize the aforementioned purposes of data processing.
- Users' personal data can be transferred to external entities that process the data on behalf of the Administrator, including but not limited to entities that provide server, hosting and ICT services, mailing, marketing and customer service, accounting and debt collection, identity verification services as part of KYC procedures, services for directing Users to the customer list, complementary services such as banking, as well as other services to ensure the proper functioning of the Useme service, provided that the data is processed only to the extent necessary to achieve the aforementioned purposes, and only under the supervision and as directed by the Administrator. In addition, processors are also required to adequately secure personal data and keep it confidential.
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Data Processors to whom Useme is entitled to transfer Users’ personal data are mainly our business partners. The processors are mainly located within the European Economic Area, including Poland and Belgium. In order to provide some of our services, the Administrator is entitled to transfer Users' personal data to data processors located in third countries outside the European Economic Area, including but not limited to the USA and United Kingdom. The processing of personal data transferred to third countries is carried out only for the purpose for which the data was provided, and the list of those processors includes: Meta Platforms Group, Google Group, Microsoft Group, Shufti Pro Limited, Useme OÜ, HubSpot Inc,.
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The administrator is entitled to make Users’ personal data available to authorized entities, including, but not limited to, relevant law enforcement and judicial authorities, under applicable laws. The transfer is applicable mainly if the User acts contrary to generally applicable laws, fails to comply with Terms and Conditions of Useme service, or if the User's actions threaten the rights and legitimate interests of Useme or third parties (e.g., property, security, reputation, etc.). In addition, personal data may be shared with tax and fiscal administration authorities, including tax authorities to ensure compliance with tax obligations, including reporting obligations, under national law.
- Users to whom Data Protection Regulations apply, after obtaining from the Administrator the personal data of the other party to the Job contract (Employer/Freelancer), are entitled to process the personal data of the User solely for the purpose of using the Administrator's services, and at the same time, are obliged to fulfill all obligations under the Data Protection Regulations and other laws, including ensuring the exercise of the User’s rights. The scope of the processing of personal data may not include other purposes, unless the User has given explicit consent to do so.
V. Data storage and security
- The Administrator is authorized to store the personal data collected on Useme service only for the purposes outlined in the subject Policy. Data processing for any purposes other than those outlined in the subject Policy will be done on the basis of a separate consent given by the User or, on another of the processing grounds that do not require User's consent, provided that the User is informed in advance of the purpose of data processing.
- Users' personal data are stored for the greater of (i) the entire period of having an active, i.e. registered User account on Useme Service, (ii) a period of 5 years from the date the User settled the last Job contract through Useme service, even if by the end of this period, the User's account is no longer active.
- All data collected by Useme is stored and protected in secure servers, using appropriate technical and organizational measures and security procedures to protect it from unauthorized access or unauthorized use. Useme's affiliates, processors and third-party service providers manage data in accordance with security and privacy requirements.
VI. Rights of Users as data subjects
Under provisions of Data Protection Regulations, Users should have the following rights:
- The right to access the data and obtain a copy of it - under this right, the User may obtain information regarding Users’ personal data as stored by the Administrator, including the right to request a copy of such data.
- The right to rectify (amend) data - under this right, the User may request rectification of personal data that is incorrect, as well as completion of incomplete personal data, including also requesting the Administrator to issue a rectification or completion statement.
- The right to delete (erase) Personal Data held by the Administrator in the following cases:
a. when the Personal Data is no longer necessary for the purposes for which it was collected;
b. when the User has withdrawn the consent on which the processing is based and there is no other legal basis for the processing;
c. when the User has objected to the processing and there are no overriding legitimate grounds for processing, or the objection relates to processing for direct marketing purposes;
d. when personal data has been processed unlawfully;
e. when personal data must be deleted in order to comply with a legal obligation under the law, including European Union law or national law;
f. when the personal data was collected in connection with the offering of services provided to children by the information society services as referred to under GDPR Article 8(1).
- The right to restrict processing - under this right, the User may request that the Administrator restricts the processing of personal data of the User, only to the storage of such data or the performance of activities agreed upon with the User, in the following cases:
a. when the User questions the accuracy of the personal data - for a period that allows the Administrator to verify the accuracy of the data;
b. when the processing is unlawful and the User has objected to the deletion of the personal data, requesting instead a restriction on its use;
c. when the Administrator will no longer need the personal data for the purposes of the processing, but they are needed by the User to establish, assert or defend claims;
d. when the User has objected to the processing - whereby the restriction of processing will take place until it is determined whether the legitimate grounds on the part of the Administrator override the grounds for the objection.
- The right to object to data processing, including:
a. “marketing” objection. The User has the right to object to the processing of Users’ data for direct marketing purposes, including profiling;
b. The User has the right to object to the processing based on Administrator’s legitimate interests for purposes other than direct marketing, including but not limited to statistical and research purposes. In such case, the User should indicate the particular circumstances which, in his/her opinion, justify the discontinuation of the processing of the objected data.
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The right to data transferability - the User has a right to request and receive his/her data from the Administrator in a structured and commonly used format suitable for electronic reading, assuming that the processing is based on the User's consent or for the purpose of performing a Job contract with Useme.
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The right to withdraw consent to the processing of personal data - under this right, the the User is at any time entitled to withdraw consent to the processing based on the consent of the User. Withdrawal of consent will not affect the lawfulness of processing that was carried out on this basis before the withdrawal of the consent.
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The right to lodge a complaint with a supervisory authority. If the User believes that his or her data is being processed by the Administrator unlawfully, he or she may file a complaint to this effect with the President of the Office for Personal Data Protection or other competent supervisory authority.
VII. Contact details
To exercise your rights, please send your request to the following email address: info@useme.com, call: 0048 717232234, or report directly to the Administrator's office.
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