• 1
  GENERAL PROVISIONS

1. This document sets out the Privacy Policy for the „JukeBox Instore Player” app operated by IMS S.A. KRS: 0000278240, NIP 5252201663 which in particular includes regulations concerning the protection of personal data and the security of other data entered into the Site by the User.
2. The Privacy Policy is an integral appendix to the Terms and Conditions of the JukeBox Instore Player app.

• 2
  DEFINITIONS

Terms used in this document mean the following:

1. Personal Data Administrator (also referred to as the Administrator) – IMS Spółka Akcyjna with its registered office in Warsaw (02-819) at ul. Puławska 366, registered in the Register of Companies of the National Court Register kept by the District Court for the Capital City of Warsaw. XIII Economic Division of the National Court Register under KRS no. 0000278240, NIP 5252201663, REGON: 016452416, SHARE CAPITAL: PLN 701 881,72
2. Site – the website at https://imssensory.com/ and all its sub-sites and the mobile application available on IOS and Android (App Store and Google Play) – especially JukeBox Instore Player app (music player).
3. User – an individual who uses the Site and provides personal data within it.
4. Personal data – information about a natural person identified or identifiable by one or more factors specific to physical, physiological, genetic, mental, economic, cultural or social identity, including image, voice recording, contact data, location data, information contained in correspondence, information collected through recording equipment or other similar technology,
5. GDPR – Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC,
6. Terms and Conditions – Terms and Conditions of the „IMS” website operating at https://imssensory.com/ and the mobile application available on IOS and Android (App Store and Google Play).

• 3
  PROTECTION OF PERSONAL DATA

1. The Administrator informs about the processing of data at the moment of its collection. The Administrator processes data to the extent, time and purposes each time indicated in the content provided under the forms used to collect personal data from the User or in the Privacy Policy.
2. The User may contact the Administrator in the manner of his/her choice:

Correspondence Address

IMS S.A., Warsaw (02-819) at ul. Puławska 366

E-mail:

[email protected]

• 4
  SECURITY OF PERSONAL DATA

1. The Administrator uses all the technical and organisational possibilities at his disposal to ensure the security of the User’s personal data and to protect them against accidental or intentional destruction, accidental loss, modification, unauthorised disclosure or access. Users’ personal data is stored and processed on high-security servers with appropriate security measures that meet the requirements of Polish law.
2. Entrusted data is stored on top-of-the-range equipment and servers in appropriately secured information storage centres, to which only authorized persons have access.
3. The Administrator shall carry out personal data processing activities in compliance with all legal and technical requirements imposed on him/her by the personal data protection legislation.

The Administrator shall analyse, on an ongoing basis, the risks involved in his/her personal data processing and shall ensure that only authorised persons have access to the data and only to the extent necessary for the performance of their duties.

1. The Administrator shall take all necessary measures to ensure that also his subcontractors and other cooperating entities guarantee the application of appropriate security measures whenever they process Personal Data on behalf of the Administrator.
2. The Administrator undertakes to keep security copies containing the User’s personal data, which does not affect the duration of the processing of the data processed by the Administrator.
3. Personal Data may be disclosed to recipients such as:

1. 1. Subcontractors who cooperate with the Administrator (including, in particular, suppliers responsible for the operation of IT systems, entities such as banks and payment operators, marketing agencies, entities providing other IT and software services)
   2. To the competent authorities and third parties, if such a need arises under the applicable legislation and if they make a request for such information on the appropriate legal basis.
   3. Other entities within the IMS group, to the extent necessary for the uniform management of the Site.
   4. Entities providing consultancy services to the Administrator (e.g. legal assistance, accounting, taxation).
   5. Postal service providers.

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  USER RIGHTS

1. If the Personal Data changes, the User should update it by sending an appropriate message to the Administrator.
2. The User has the following rights:

1. 1. The right of access to the Personal Data,
   2. The right to obtain a copy of the Personal Data that the Administrator processes,
   3. The right to rectify the Personal Data,
   4. the right to erasure of Personal Data (on this basis, you may request the erasure of Data the processing of which is no longer necessary for the performance of any of the purposes for which it was collected),
   5. the right to restrict the processing of Personal Data,
   6. the right to portability of Personal Data,
   7. the right to object to the processing of Personal Data for marketing purposes (You may object at any time to the processing of Personal Data for marketing purposes, without having to justify such objection),
   8. The right to object to other purposes of processing (the User may object at any time – on grounds related to his/her particular situation – to the processing of Personal Data which is carried out on the basis of the legitimate interest of the Administrator; such objection requires justification),
   9. The right to withdraw consent, if the Personal Data is processed on the basis of the consent given (withdrawal of consent does not affect the lawfulness of the processing carried out before its withdrawal),
   10. The right to lodge a complaint with the supervisory authority supervising the processing of Personal Data, which has jurisdiction over the User’s habitual residence, place of work or the place where the alleged infringement was committed. In Poland, the supervisory authority is the President of the Office for Personal Data Protection.

1. The Administrator may refuse to delete he User’s personal data if the preservation of the personal data is necessary due to an obligation imposed on the Administrator by law.
2. The user has the right to submit a request for the exercise of his/her rights as indicated above by letter or electronic means (e-mail).

The Administrator’s contact details are indicated in § 3 section 7.

1. If, on the basis of the request referred to in paragraph 4, the Administrator is not able to determine and identify the natural person whom the request
2. Is not applicable, he/she will request additional information from the applicant. Failure to provide additional information shall result in refusal to comply with the applicant’s request.
3. The Administrator shall respond to the request at the latest within one month of receipt at the latest. If it is necessary to extend this deadline, the Administrator shall inform the applicant of the reasons for it and the expected deadline for responding to the request.

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  BASIS, PURPOSE AND STORAGE PERIOD FOR PERSONAL DATA

1. Personal data are processed for the following purposes and on the following grounds:

1. 1. Using the Application

Personal data of all Users (including: IP address or other identifiers and information collected through cookies or other similar technologies), are processed by the Administrator in order to:

1. 1. 1. the provision of services by electronic means (legal basis: necessity of processing for the performance of the contract – Article 6(1)(b) GDPR),

1. 1. 1. for advertising, analytical and statistical purposes (legal basis: consent – Article 6(1)(a) GDPR),

1. 1. 1. to enable the proper use of the Website and to ensure the security of the Site (legal basis: the Administrator’s legitimate interest – Article 6(1)(f) GDPR, which is to ensure the functionality and security of the Site),

1. 1. 1. establishing and pursuing claims or defending against claims (legal basis: the Administrator’s legitimate interest – Article 6(1)(f) GDPR, which is to protect the Administrator’s rights).

1. 1. Contact form, chat, traditional and electronic correspondence (e-mail)

The User may address messages to the Administrator using electronic mail using the Administrator’s contact details available on the Site, the Terms of Use or this Privacy Policy, as well as through the contact form available on the Site and via chat.

Personal Data contained in such correspondence shall be used by the Administrator solely for the purpose of communication and settlement of the matter to which the correspondence relates. The basis for the processing of the Data is the Administrator’s legitimate interest – Article 6(1)(f) of the GDPR – consisting in the maintenance of the correspondence addressed to it in connection with its business activity, and in the case of contact related to the services provided or a contract – the necessity of the processing to perform the contract – Article 6(1)(b) of the GDPR.

1. 1. Contact by telephone or via other platforms

The User may contact the Administrator by telephone and via e-mail for purposes related to the services provided or the contract concluded and for other matters. In the event of telephone contact on matters not related to the concluded contract or the provided service, the Administrator may require the provision of Personal Data only if it is necessary to handle the reported matter. The legal basis for the processing of Personal Data is the legitimate interest of the Administrator – Article 6(1)(f) GDPR – consisting in the necessity to resolve the reported matter related to the Administrator’s business activity, and in the case of contact related to the provided services or contract – the necessity of processing to perform the contract – Article 6(1)(b) GDPR.

1. The period of data processing depends on the service provided, the purpose and the basis for processing. As a rule of thumb, the data shall be processed for the period of performance of the service or fulfilment of the order and for the period of limitation of claims, i.e. no longer than 3 years (in case of entrepreneurs) or 6 years (in case of natural persons). Where the basis for the processing of Personal Data is consent, the data is processed until the consent is effectively withdrawn. Where the basis for the processing of Personal Data is the legitimate interests of the Administrator, the data are processed until the fulfilment of the Administrator’s legitimate interests forming the basis for such processing or until an objection to such processing is raised (whichever comes first). Where the basis for the processing of Personal Data is the fulfilment of a legal obligation incumbent on the Administrator, the Personal Data will be processed for the period required by the relevant legislation.
2. The period for the processing of Personal Data referred to in paragraph 2 may be extended in case the processing is necessary due to pending proceedings related to the establishment, investigation or defence of claims. Thereafter, the Personal Data may be processed only if and to the extent required by applicable law.
3. After the expiry of the processing period, the Personal Data shall be deleted or irreversibly anonymised.

• 7
  COOKIE POLICY

1. The Administrator uses cookies. Cookies are small text files sent (saved) by the Site on the User’s terminal device (e.g. computer, smartphone).
2. The Administrator uses cookies to provide services electronically, to improve and enhance their quality, as well as for analytical and statistical purposes and to adapt the Site to the needs of its Users.
3. The Website uses two types of cookies: „session cookies” and „permanent cookies” (persistent cookies). „Session” cookies are temporary files that are stored on the User’s terminal equipment until they log off or switch off the app.

„Permanent” cookies are stored in the User’s terminal equipment for the time specified in the parameters of the cookies or until they are deleted by the User.

1. The Administrator uses the following types of cookies on the Site:

1. 1. indispensable – they enable the use of services and functionalities available within the Site, e.g. used for user authorisation;
   2. functional – they make it possible to remember User choices and to adjust them on the App, e.g. with regard to language preferences, favorite channel lists, etc;

1. Functional, analytical and advertising cookies may be installed by the Administrator and its trusted partners through the Site.
2. The legal basis for the processing of Personal Data in connection with the use of essential cookies is the legitimate interest of the Administrator (Article 6(1)(f) GDPR), which is to ensure the functionality of the Site. In the case of other cookies (functional), the basis for the processing of Personal Data is the User’s consent (Article 6(1)(a) GDPR).

• 8
  LOGS

1. In accordance with the practice of most websites and apps, the Administrator stores HTTP requests directed to its server (server logs). Accordingly, the Administrator stores the following information:

1. 1. IP addresses from which users connect to our services;
   2. the time of the request coming in
   3. time of sending the response,
   4. information on errors which occurred during the HTTPS transaction.

1. The collected logs are stored as support material for the administration of the Site. The information contained in them is not disclosed to anyone except those authorised to administer the Site. On the basis of log files, statistics may be generated to assist in the administration of the Site. Aggregate summaries in the form of such statistics do not contain any identifying characteristics of visitors to the Site.
2. The information contained in the log files is processed by the Administrator for technical and administrative purposes, to ensure the security of the IT system and the management of this system, as well as for analytical and statistical purposes – in this regard, the legal basis for the processing of Personal Data is the Administrator’s legitimate interest (Article 6(1)(f) GDPR).

• 9
  DATA TRANSFER OUTSIDE THE EOG

1. Within the framework of the Administrator’s use of tools supporting its day-to-day operations provided e.g. by Google, Users’ Personal Data may be transferred to a country outside the European Economic Area (EEA), in particular to the United States of America (USA) or another country in which an entity cooperating with it maintains tools for processing Personal Data in cooperation with the Administrator. The Administrator transfers Personal Data outside the EEA only when necessary and with an adequate level of protection, in particular through the use of standard contractual clauses issued by the European Commission.

• 10
  FINAL PROVISIONS

1. This privacy policy is subject to updates due to the ongoing analysis of the technical and legal conditions related to the processing of personal data.
2. This privacy policy is effective as of 01.01.2024

COMMUNICATION

The Administrator of the Personal Data processed in connection with your use of Site is IMS S. A.  e-mail address:  [email protected]

On this website we use cookies in which your personal data may be stored and subsequently processed for analytical and marketing purposes. The information obtained may be shared with our advertising, social media and analytics partners. Please refer to the Privacy Policy for more information. By consenting to the cookies you choose, you consent to the processing of your data to the extent you choose. Necessary cookies are processed on the basis of our legitimate interest – the correct and safe operation of the Site.

Please note that consent to the use of cookies and data processing can be withdrawn by you at any time.