I. HOW SMARTHOTEL PROTECTS THE PRIVACY OF PARTNERS, ADMINISTRATORS, USERS, AND END USERS

1. The Policy applies to the mysmarthotel.com Internet domain (hereinafter referred to as the “Site”) and the SmartHotel System provided by SmartHotel spółka z ograniczoną odpowiedzialnością with its registered office in Kraków, address: 9 Pawia Street, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court for the City of Warsaw in Warsaw, XII Economic Department of the National Court Register under KRS No. 0000812741, NIP 5252807928, REGON 384929793, with a share capital of PLN 10,000.00, e-mail address: [email protected], tel: +48 733 970 033.
2. SmartHotel shall exercise due diligence in selecting and applying appropriate technical and organizational measures to ensure the protection of the personal data processed. SmartHotel secures personal data against their access to unauthorized persons, as well as against their processing in violation of applicable laws and against alteration, loss, damage or destruction.
3. All terms contained in the Privacy Policy shall be interpreted in accordance with the definitions of the Terms and Conditions of the Partner, located at https://mysmarthotel.com/pl/regulamin/. 

II. BASIS FOR PROCESSING OF YOUR DATA BY PARTNERS

1. The administrator of personal data within the meaning of the Regulation of the European Parliament and of the Council (EU) 2016/679 of April 27, 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 (hereinafter referred to as the “Regulation”) of Users is each time the Partner who has entered into an Agreement with SmartHotel for the implementation of services covered by the Terms of Service, but also designated by the Partner. SmartHotel remains the Administrator of personal data in relation to the data of Partners, Administrators, Owners and Users, as well as visitors to the Website. SmartHotel uses personal data as a Data Controller in accordance with the information contained in the Policy or on the basis of an appropriate agreement of entrustment of personal data processing concluded with the Partner as a Data Controller or an entity designated by the Partner.
2. The scope of entrustment of data by the Partner or the entity designated by the Partner is each time, individually determined by the Partner and depends on the type of Services covered by the Agreement between SmartHotel and the Partner and the individual use of these Services by the End User.
3. SmartHotel is the entity to which the Partner entrusts the processing of Users’ personal data, and therefore, as a processor, may process such data only to the extent and for the purpose specified below and in connection with the provision of the Services specified in the Terms of Service. The processing of personal data by SmartHotel as a processor shall take place only during the term of the Entrustment Agreement concluded with the Partner.
4. Personal data shall be processed by SmartHotel in the use of the services offered by the SmartHotel System in the SmartHotel Plan and SmartChat. The System in the SmartGuest Plan does not collect and process End Users’ personal data. As part of the SmartGuest Plan, SmartHotel only uses cookies for analytical purposes below.
5. Partner, Administrator, Owner, User and End User, and a visitor to the Service by accepting the Policy agree to SmartHotel’s processing of their personal data.

III. PURPOSE AND BASIS OF PROCESSING

1. SmartHotel, acting as an administrator, processes the data of Partners, Administrators and Users in order to perform the Services described in the Terms of Service, including ensuring their proper quality, as a result of gaining access to the System by indicating the required personal data, in particular in order to provide these persons with the opportunity to communicate with SmartHotel.
2. SmartHotel acting as an administrator shall process the data of visitors to the Service.
3. SmartHotel acting as a processor at the direction of the Partner to provide communication between Partners, Administrators, Owners, Users and End Users via WhatsApp and Messenger, and as an Administrator of Users’ personal data for the purposes of direct communication with the User for the recognition of complaints, direct marketing of services, handling of inquiries.  
4. Data is also processed for the purpose of monitoring the correct implementation of the Terms and Conditions as an Agreement concluded by acceptance by the Partner, Administrator, User and End User for the entire duration of the Agreement on the basis of Article 6(1)(b) of the RODO (the Terms and Conditions are a legal instrument identical to a contract).
5. In addition, SmartHotel processes the Data in order to:
   1. fulfilling SmartHotel’s legal obligations – for the duration of the performance of such obligations or for the period of time during which the law prescribes the processing of the data, or for the period of time during which SmartHotel may suffer the consequences of non-performance of a legal obligation, based on Article 6(1)(c) RODO (e.g. accounting and tax obligations and information on the course of providing the Services);
   2. to assert one’s rights or protect against claims by Partners, Administrators, Users and End Users, as well as third parties (Article 6(1)(f) RODO),
   3. to send messages containing marketing content by e-mail to the e-mail address indicated when signing up for the newsletter – until the moment of unsubscribing from the newsletter, on the basis of independent, voluntary consent as required by Article 6(1)(a) RODO;
   4. providing access to content collected on the Service based on the legitimate interest of disseminating content found on the Service (Article 6(1)(f) RODO);
   5. direct marketing of own services in the sense of collecting and analyzing data in order to build a database of potential newsletter recipients and assess their needs and preferences, as part of SmartHotel’s legitimate interest in protecting rights on the basis of Article 6(1)(f) RODO;
   6. responding to inquiries through the contact information provided on the System, within the contact forms posted on the Site and correspondence sent to SmartHotel via e-mail or other forms of communication (Article 6(1)(f) RODO);
   7. conclusion and execution of concluded agreements with SmartHotel and activities aimed at its conclusion, i.e. arranging the presentation of the System, preparation of an offer, registration and maintenance of access to the System of the Partner, Administrator, User and End User, provision of electronic services by SmartHotel within the framework of the agreement with the Partner, technical support (art. 6.1.b RODO);
   8. complaint handling, including technical troubleshooting (Article 6(1)(f) RODO legitimate interest of SmartHotel to protect the rights of the Administrator and the User);
   9. generation of cookies, collection of data made available within the SmartHotel System and Service or for marketing purposes, including direct marketing, i.e. receiving by means of remote communication (e-mail, SMS, telephone) all materials of a commercial, marketing and informational nature, related to the business activities conducted by SmartHotel,
   10. to track the geolocation of a mobile device for the purpose of performing what amounts to the supervision of the implementation of the Services related to check-in at the Facility as location-based services that the User and authorized persons wish to use under the concluded agreement with the Partner (legal basis – Article 6(1)(a) RODO).
6. The provision of personal data is voluntary; however, failure to provide some of the required data may result in our inability to perform the Services or respond to inquiries directed to SmartHotel.
7. the Partner, Administrator, Owner, User and End User may at any time withdraw the consent given for the processing of personal data, which, however, will not affect the legality of the use of the data during the period from the consent until its withdrawal.

IV. TYPE OF PROCESSED PERSONAL DATA OF THE USER

1. In order to provide the Services, SmartHotel processes the following personal data of the User:
   1. first name;
   2. surname;
   3. e-mail address, used for registration, identifying the User;
   4. room/apartment number of the Hotel in accordance with the reservation;
   5. telephone number;
   6. WhatsApp number;
   7. activity data, such as information about making the SmartHotel System available, information about downloading it from the Online Store, information about making an entry (comment), information about making a rating operation (rating) of SmartHotel;
   8. geolocation data of the device used to use the System.
2. In addition, SmartHotel uses IP addresses collected during Internet connections for technical purposes related to server administration, which are also used to collect general, statistical demographic information (e.g. about the region from which the connection is made).

V. TYPE OF PROCESSED PERSONAL DATA OF PARTNER, ADMINISTRATOR AND USER

1. In order to provide the Services, SmartHotel processes the following personal data of Partners, Owners, Administrators and Users:
   1. first name;
   2. surname;
   3. e-mail address, used for registration, identifying the Partner, Administrator or User;
   4. telephone number;
   5. WhatsApp number;
   6. position/function held at the Partner;
   7. activity data, such as information about making the SmartHotel System available, information about downloading it from the Online Store, information about making an entry (comment), and information about making a rating operation (rating) of SmartHotel.  
2. In addition, SmartHotel uses IP addresses collected during Internet connections for technical purposes related to server administration, which are also used to collect general, statistical demographic information (e.g., about the region from which the connection is made).

VI. TYPE OF PROCESSED PERSONAL DATA OF THE VISITOR TO THE SERVICE

1. SmartHotel processes the following personal data of visitors to the Service:
   1. using the Service to view its content:
      1. ip address of the device or other identifiers and information collected through cookies.
   2. using the contact form located on the Contact Us – SmartHotel page:
      1. first name;
      2. surname;
      3. email address, used for communication through the form;
      4. telephone number;
   3. those using the Service to schedule a presentation through the form on the Service by using the “Contract a Presentation” widget:
      1. first name;
      2. surname;
      3. e-mail address, used for communication through the form;
      4. telephone number;
      5. contact information of the represented Facility;
      6. the position/function of the represented Facility;
2. In addition, SmartHotel uses IP addresses collected during Internet connections for technical purposes related to server administration, which are also used to collect general, statistical demographic information (e.g., about the region from which the connection is made).

VII. OBLIGATIONS RELATED TO THE PROCESSING OF PERSONAL DATA

1. Partner, Administrator, Owner, User, End User and person using the Service are obliged to indicate to SmartHotel complete, current and true data.
2. The Partner, Administrator, Owner, User, End User and the person using the Service are obliged not to provide SmartHotel with personal data of third parties. On the other hand, if he/she provides such data, he/she undertakes and guarantees each time that he/she has a legal basis for providing such data.

VIII. CONTROL OF PERSONAL DATA PROCESSING

1. Partner, Administrator, Owner, User, End User and once a person using the Service has the right to access the content of their data and the right to rectify, delete, limit processing, the right to data portability, the right to object to the processing of data on the basis of the legitimate interest of SmartHotel. Exercising the rights set forth in the paragraph above may be exercised in the case of deletion of data in the first place by ceasing to use the System, and further by sending an appropriate request to the e-mail address [email protected] with the name and electronic mail (e-mail) address.
2. Partner, Administrator, User, Owner, End User once a person using the Service has the right to lodge a complaint to the supervisory authority in case he/she considers that the processing of his/her personal data violates the regulations related to personal data processing, including RODO.

IX. RECIPIENTS OF PERSONAL DATA

1. Data of the Partner, Administrator, Owner, User, End User and persons using the Website may be shared with entities entitled to receive them under applicable laws, including the relevant judicial authorities. Personal data may be transferred to entities processing them on behalf of SmartHotel, that is, partners providing services related to hosting, administration, maintenance and management of the SmartHotel System and Services, external entities providing ICT support services, companies providing services of electronic payment intermediation, external accounting companies, lawyers, state authorities authorized to do so under separate regulations (tax offices, courts, bailiffs, etc.).
2. In addition, in providing the Services, SmartHotel uses the assistance of subcontractors for hosting services, site administration as well as potentially others with whom the relationship will be established in connection with the expansion or modification of the Services.
3. SmartHotel provides the Services worldwide and cooperates with partners worldwide, therefore, access to SmartHotel’s customer data may be provided by partners from regions of the world where the regulations on data collection and use, will differ from European law. SmartHotel points out, however, that the transfer of personal data to another country occurs only if the Partner, Administrator, Owner, User, End User uses the Hotel Services on the territory of that country. If the Partner, Administrator, Owner, User, End User intends to use the Services on the territory of a country outside the European Economic Area, their personal data will be transferred to a distributor in that country (that is, a country outside the European Economic Area) including and the United States. In the case of transfer of data outside the European Economic Area to countries for which the European Commission has not determined an adequate level of protection, SmartHotel shall apply the appropriate safeguards set forth in the provisions of the RODO, including standard contractual clauses in the data processing entrustment agreements entered into. Obtaining information about the safeguards in place and obtaining a copy of these safeguards is possible at SmartHotel’s headquarters. Personal data of visitors to the Website are not transferred to countries outside the European Economic Area.

X. DATA STORAGE PERIOD AND OTHER INFORMATION

1. Personal data shall be kept only for the period necessary to fulfill the specific purpose for which they were collected, i.e. to perform the provisions of the Terms and Conditions and for the purpose of compliance with the law.
2. Personal data of Partners, Owners, Administrators, Users and End Users will be kept for:
   1. the duration of the End User’s use of the System or the duration of the End User’s use of the Services offered by the Partner;
   2. the period of cooperation between SmartHotel and the Partner for whom the Administrator and User works/represents; or
   3. until the withdrawal or modification of the granted consent, if the processing is based on the consent, and in the case of geolocation data of a mobile device only until the end of the use of the System or
   4. the time necessary for other purposes.
3. Personal data will be kept also after the above-mentioned periods for the period required by applicable law or the period necessary for SmartHotel to protect or assert its rights.
4. In the event of termination of the Terms of Service, which results in the discontinuation of use of the System by a Partner, Owner, Administrator, User, End User, SmartHotel shall delete, without the possibility of their subsequent recovery, the information stored therein, including any personal data.
5. SmartHotel does not conduct operations involving the automatic creation of personal profiles of Partners, Owners, Administrators, Users, End Users, as well as visitors to the Site.

XI. COOKIES POLICY

1. Cookies, also known as “cookies”, are text files saved and stored in the memory of the device used to browse the website (e.g. PC, notebook, tablet, PDA, cell phone). These files, once stored, are linked to a server or servers gaining appropriate access to them.
2. SmartHotel uses cookies for the purposes of:
   1. statistical,
   2. configuration of the SmartHotel System and Services – they allow setting features and services according to the preferences of Partners, Owners, Administrators, Users, Owners, End Users and visitors to the Site;
   3. use of QR codes;
   4. authentication – allow to inform when Partner, Administrator, User, Owner and End User access the System, so that the site can show relevant information and features;
   5. analysis and research of the behavior of Partners, Administrators, Owners, Users, End  Users, and visitors to the Site – allow to read preferences and through their analysis to improve and develop products and services.
3. The collection of information is carried out anonymously, without identifying the personal data of individual Partners, Administrators, Owners, Users, End Users and visitors to the Service, unless the settings of the terminal device allow such identification.
4. By changing the settings of the software used to use the SmartHotel System and the Website, it is possible to determine the conditions for storing and the conditions for gaining access to cookies used by the System and the Website, in particular, the possibility to completely disable their use. However, please note that deleting or blocking the files called “cookies” may be associated with the fact that some sections of SmartHotel and the Service will not function properly. In order to change the settings related to the handling of cookies, you should properly configure the software used to use the SmartHotel System or the Service. Relevant information in this regard can be obtained from the technical support for such software or by contacting its provider. Failure to change the settings of the software constitutes, according to Article 173 paragraph 2 of the Telecommunications Law, consent to the use by the SmartHotel System of cookies for the purposes specified above.

XII. CHANGES TO THE PRIVACY POLICY

Due to the continuous development and advancement of technology, the rules set forth in the Policy are subject to change. You will be informed of changes to these policies in good time, no later than 7 days prior to their implementation, by posting the new content of this document on https://mysmarthotel.com/privacy-policy/.