Who we are and how to find us

We are OPTIMUM BIS sp. z o.o. sp. k. with the registered office in Zielonki, Poland (address: ul. Wzorowa 19, 32-087 Zielonki) and we are the controller of your personal data. You can also contact us via e-mail address: info@optimum-materace.pl or by calling 15 687-30-20 or 15 870-13-69.

Why we process your personal data

We process your personal data in order to conduct an agreement with you and for compliance with tax obligations. The legal basis for the processing of your personal data is article 6(1)(b) of the GDPR (processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract), and article 6(1)(c) of the GDPR (processing is necessary for compliance with a legal obligation to which the controller is subject). If the agreement has been conducted by your employer, or the entity you represent – but you are contacting us on their behalf – then the processing of your personal data is entirely based on the legal premise of Article 6(1)(f) of the GDPR, i.e. the premise of the legitimate interest of the controller. This legitimate interest is our willingness to execute an agreement with the entity that has designated you as its representative. We assume in good faith that the entity has agreed with you that they would provide us with your information, or that representing the entity is part of your responsibilities. If you are our customer and you fail to fulfil your commitments in time, the legal basis for the processing of your personal data is also Article 6(1)(f) of the GDPR (processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child). This legal basis includes the pursuit of claims against you and the disclosure of your personal data to the entities informing about insolvent debtors (if you fail to settle liabilities after receiving a payment request). Therefore, the legitimate interest consists of improving effective exact payment of debts owed to us by our customers.

What types of personal data we process

We process the following personal data:

1. name,
2. e-mail address,
3. telephone number,
4. fax number,
5. address of your business activity,
6. name of the company that you run,
7. Tax Identification Number (NIP),
8. REGON number,
9. the history of our transactions with you,
10. the history of our correspondence with you (including e-mail messages).

1. To whom we disclose your personal data

We disclose your personal data, to the required extent, to governmental authorities entitled to do so by law (such as tax authorities). Your personal data is processed in an IT system which is partially located in the so-called public computing cloud Comarch OPTIMA (provided by Comarch S.A. with its registered office in Kraków). We have ensured in the relevant agreement with this entity that your data will not be transferred to third countries. Your personal data will be disclosed to a third party providing accounting services for our company. We have ensured in the relevant agreement with this entity that your data will not be transferred to third countries. As it was mentioned above, we cooperate with Kaczmarski Group sp. z o.o. with registered office in Wrocław and with Biuro Informacji Gospodarczej InfoMonitor S.A. with registered office in Warsaw, who are owners of online services containing information about insolvent debtors. If you are our customer, your personal data may be disclosed to these entities and to all users of BIG.pl and FairPay.pl.

How long we will process your personal data

We will process your personal data for no longer than it is required for tax purposes, i.e. – according to the currently applicable provisions of Polish law – for 5 tax years. As you probably know, five tax years may count as six or even seven calendar years. If we have a long-term permanent cooperation with you (e.g. on the basis of a framework agreement), we will naturally process some of your data necessary for this purpose for the whole cooperation period.

How we enable you to execute your rights

We do our best to make you satisfied with our cooperation. However, please note that you have a number of rights that allow you to control how we process your personal data and, in some cases, to prevent such processing. These rights include:

• the right of access to personal data (determined in art. 15 of GDPR)

Article 15 Right of access by the data subject

1. The data subject shall have the right to obtain from the controller confirmation as to whether or not personal data concerning him or her are being processed, and, where that is the case, access to the personal data and the following information:
2. a) the purposes of the processing;
3. b) the categories of personal data concerned;
4. c) the recipients or categories of recipient to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations;
5. d) where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
6. e) the existence of the right to request from the controller rectification or erasure of personal data or restriction of processing of personal data concerning the data subject or to object to such processing;
7. f) the right to lodge a complaint with a supervisory authority;
8. g) where the personal data are not collected from the data subject, any available information as to their source;
9. h) the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.
10. Where personal data are transferred to a third country or to an international organisation, the data subject shall have the right to be informed of the appropriate safeguards pursuant to Article 46 relating to the transfer.
11. The controller shall provide a copy of the personal data undergoing processing. For any further copies requested by the data subject, the controller may charge a reasonable fee based on administrative costs. Where the data subject makes the request by electronic means, and unless otherwise requested by the data subject, the information shall be provided in a commonly used electronic form.
12. The right to obtain a copy referred to in paragraph 3 shall not adversely affect the rights and freedoms of others.

• right to rectification (determined in art. 16 of GDPR)

Article 16 Right to rectification The data subject shall have the right to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement.

• right to erasure (determined in art. 17 of GDPR)

Article 17 Right to erasure (‘right to be forgotten’)

1. The data subject shall have the right to obtain from the controller the erasure of personal data concerning him or her without undue delay and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies:
2. a) the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed;
3. b) the data subject withdraws consent on which the processing is based according to point (a) of Article 6(1), or point (a) of Article 9(2), and where there is no other legal ground for the processing;
4. c) the data subject objects to the processing pursuant to Article 21(1) and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2);
5. d) the personal data have been unlawfully processed;
6. e) the personal data have to be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject;
7. f) the personal data have been collected in relation to the offer of information society services referred to in Article 8(1).
8. Where the controller has made the personal data public and is obliged pursuant to paragraph 1 to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform controllers which are processing the personal data that the data subject has requested the erasure by such controllers of any links to, or copy or replication of, those personal data.
9. Paragraphs 1 and 2 shall not apply to the extent that processing is necessary:
10. a) for exercising the right of freedom of expression and information;
11. b) for compliance with a legal obligation which requires processing by Union or Member State law to which the controller is subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
12. c) for reasons of public interest in the area of public health in accordance with points (h) and (i) of Article 9(2) as well as Article 9(3);
13. d) for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89(1) in so far as the right referred to in paragraph 1 is likely to render impossible or seriously impair the achievement of the objectives of that processing; or
14. e) for the establishment, exercise or defence of legal claims.

• right to restriction of processing (determined in art. 18 of GDPR)

Article 18 Right to restriction of processing

1. The data subject shall have the right to obtain from the controller restriction of processing where one of the following applies:
2. a) the accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data;
3. b) the processing is unlawful and the data subject opposes the erasure of the personal data and requests the restriction of their use instead;
4. c) the controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims;
5. d) the data subject has objected to processing pursuant to Article 21(1) pending the verification whether the legitimate grounds of the controller override those of the data subject.
6. Where processing has been restricted under paragraph 1, such personal data shall, with the exception of storage, only be processed with the data subject’s consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or of a Member State.
7. The data subject who has obtained restriction of processing pursuant to paragraph 1 shall be informed by the controller before the restriction of processing is lifted.

• Right to object to processing of personal data (determined in art. 21 of GDPR)

Article 21 Right to object

1. The data subject shall have the right to object, on grounds relating to his or her particular situation, at any time to processing of personal data concerning him or her which is based on point (e) or (f) of Article 6(1), including profiling based on those provisions. The controller shall no longer process the personal data unless the controller demonstrates compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject or for the establishment, exercise or defence of legal claims.
2. Where personal data are processed for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing, which includes profiling to the extent that it is related to such direct marketing.
3. Where the data subject objects to processing for direct marketing purposes, the personal data shall no longer be processed for such purposes.
4. At the latest at the time of the first communication with the data subject, the right referred to in paragraphs 1 and 2 shall be explicitly brought to the attention of the data subject and shall be presented clearly and separately from any other information.
5. In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, the data subject may exercise his or her right to object by automated means using technical specifications.
6. Where personal data are processed for scientific or historical research purposes or statistical purposes pursuant to Article 89(1), the data subject, on grounds relating to his or her particular situation, shall have the right to object to processing of personal data concerning him or her, unless the processing is necessary for the performance of a task carried out for reasons of public interest.

• right to data portability (determined in art. 20 of GDPR)

Article 20 Right to data portability

1. The data subject shall have the right to receive the personal data concerning him or her, which he or she has provided to a controller, in a structured, commonly used and machine-readable format and have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, where:
2. a) the processing is based on consent pursuant to point (a) of Article 6(1) or point (a) of Article 9(2) or on a contract pursuant to point (b) of Article 6(1); and
3. b) the processing is carried out by automated means.
4. In exercising his or her right to data portability pursuant to paragraph 1, the data subject shall have the right to have the personal data transmitted directly from one controller to another, where technically feasible.
5. The exercise of the right referred to in paragraph 1 of this Article shall be without prejudice to Article 17. That right shall not apply to processing necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
6. The right referred to in paragraph 1 shall not adversely affect the rights and freedoms of others.

To exercise any of the rights described, please contact us via e-mail address from which you received our message or via address: info@optimum-materace.pl You can also contact us by calling 15 687-30-20 or 15 870-13-69.

1. Complaint to a supervisory authority

According to art. 77 of GDPR, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, your workplace or the place where the alleged violation might have been committed, if you believe that the processing of your personal data violates the provisions of the GDPR. In Poland, the supervisory authority is the Polish Data Protection Commissioner.

1. Is it necessary to provide data to conclude an agreement with us

We collect your personal data to the extent necessary for the conclusion and execution of the agreement. We also need some of your data to fulfil our legal obligations (tax and accounting regulations). Refusal to provide your personal data will unfortunately prevent the conclusion and execution of the agreement.

1. How do we get your personal data

We receive your personal data from you or from the entity you represent.

1. Automated processing and profiling

We do not process your data in an automated way and we do not carry out profiling as defined in the GDPR. CONTENT OF THE INFORMATION REQUIRED UNDER ART. 21(4) of the GDPR Pursuant to the content of Article 21(4) of GDPR as well as the guidelines of the Article 29 of Working Group contained in the Guidelines on Transparency under Regulation 2016/679, OPTIMUM BIS sp. z o.o. sp. k. with registered office in Zielonki, Poland shall, not later than during the first contact with the data subject, clearly inform the data subject of the rights referred to in Article 21(1) and (2) of the GDPR. The following information is presented clearly and independently of any other information. OPTIMUM BIS sp. z o.o. sp. k. with registered office in Zielonki, Poland informs that:

1. You shall have the right to object, on grounds relating to your particular situation, at any time to processing of personal data concerning you which is based on point (e) or (f) of Article 6(1) of the GDPR*, including profiling based on those provisions. In such case we shall no longer process the personal data unless we demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms or for the establishment, exercise or defence of legal claims.

1. Where your personal data are processed for direct marketing purposes, you shall have the right to object at any time to processing of personal data concerning you for such marketing, which includes profiling to the extent that it is related to such direct marketing.

  * The content of Article 6(1)(e) and (f) of the GDPR reads as follows:

1. Processing shall be lawful only if and to the extent that at least one of the following applies:

(…)

1. e) processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
2. f) processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.