Privacy Policy

1. Who we are and how to contact us

The controllers of your personal data collected in connection with the use of the website operated at https://cracowconcerts.com/ are Marek Prokopik, conducting business under the name “Marek Prokopik FPHU KRAKPOL” (address: ul. Dobrego Pasterza 99D/38, 31-416 Kraków), identified by Tax Identification Number (NIP): 6781289492 and REGON: 123071766, and Sławomir Prokopik, conducting business under the name “Sławomir Prokopik AGENCJA ARTYSTYCZNA PRO-ARTS” (address: Osiedle Piastów 31/17, 31-624 Kraków), identified by Tax Identification Number (NIP): 6782861497 and REGON: 120412184, acting as partners in the civil partnership: FPHU KRAKPOL S.C. M.S. PROKOPIK (address: Rynek Główny 10, 31-042 Kraków), identified by Tax Identification Number (NIP): 6762254618 and REGON: 356782550 (hereinafter: the “Controller”).

For all matters relating to the protection of your personal data, you may contact the Controller by email at: [info@cracowconcerts.com].

2. How and why we process your personal data

WEBSITE USERS
If you are a user of our website, we process your personal data for the purpose of performing the contract for the sale of concert tickets, as well as for sending commercial information (with your consent), and for purposes related to the fulfilment of legal obligations, including accounting and tax obligations and obligations arising from consumer law provisions (e.g. handling complaints).
The legal basis for the processing of your personal data is therefore Article 6(1)(b) of 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 (hereinafter: the “GDPR”), i.e. “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) GDPR, i.e. “processing is necessary for compliance with a legal obligation to which the controller is subject,” and, in certain cases, Article 6(1)(a) GDPR, i.e. “the data subject has given consent to the processing of his or her personal data for one or more specific purposes.”

RECIPIENTS OF PURCHASED PRODUCTS
If you are a person indicated as the recipient of tickets purchased by customers of our website (sometimes a customer indicates a family member, neighbour, concierge, employee, etc. as the person who will collect the products ordered by them), the processing of your personal data is based on Article 6(1)(f) GDPR, i.e. the legitimate interests pursued by the controller (“processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party”). This applies in particular where a user of the website, when purchasing personalized tickets, provides your data for the purpose of issuing a ticket in your name.
That legitimate interest is our intention to perform the contract with the customer who indicated you as the recipient of the purchased tickets, or who purchased tickets but provided your data as the person who will use the ticket. In good faith, we assume that before providing us with your data, the customer agreed this with you, or that collecting deliveries is part of your professional duties. We therefore conclude that by processing your data in the manner described here, we do not do so for purposes other than those for which our customer obtained them from you.

CONCERT PARTICIPANTS
If you purchased a concert ticket via our Website, and the given concert is organized by us, then for the purpose of providing the service, the processing of your personal data is based on Article 6(1)(b) GDPR, i.e. “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.”
Where a user of our Website purchased a ticket on your behalf, the processing of your personal data is also based on Article 6(1)(f) GDPR, i.e. the legitimate interests pursued by the controller (“processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party”).

CONTACT
When contacting us, you provide us with your personal data, including data contained in the correspondence, in particular: your first and last name, residential address, email address or telephone number. Providing these data is voluntary, but necessary in order to contact us.
The legal basis for the processing of your personal data that you provide when contacting us is Article 6(1)(f) GDPR, i.e. “processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party.” That legitimate interest is contact with customers of our website and the intention to respond to questions asked by persons interested in our products and the rules governing our website.

NEWSLETTER
If you subscribe to our newsletter, we process your personal data for the purpose of sending it to you, with your consent. The newsletter may contain paid promotion, commercial offers, industry information and advertising.
The legal basis for the processing of your personal data is therefore Article 6(1)(a) GDPR, i.e. “the data subject has given consent to the processing of his or her personal data for one or more specific purposes.”
You may withdraw your consent at any time (without affecting the lawfulness of processing carried out on the basis of consent before its withdrawal).

WEBSITE USERS
We process data of every user of our website characterizing the way they use our website (these are so-called operational data). This processing includes the automatic reading of a unique identifier identifying the telecommunications network terminal or IT system from which you are using the website (i.e. your IP address), as well as the server date and time, information about the technical parameters of the software and device you use (e.g. whether you browse our website on a laptop or on a phone), as well as the place from which you connect to our server. This information may be used by us for market research purposes and to improve the operation of the website. Data recorded in server logs are not associated with specific persons using the website. Server logs are only auxiliary material used for website administration.
The legal basis for the processing of operational data is Article 6(1)(f) GDPR, i.e. “processing is necessary for the purposes of the legitimate interests pursued by the controller.” That legitimate interest is enabling diagnosis of errors on the website and improving its quality.

MARKETING OF THE CONTROLLER’S OWN SERVICES
After obtaining separate consent, we may also process your personal data for marketing purposes, including inviting you by email or telephone to take advantage of promotions we organize and sending you other commercial, advertising or marketing information, as well as inviting you to express your opinion about our website on online review platforms.
The legal basis for the processing of your personal data for these purposes is therefore Article 6(1)(a) GDPR, i.e. “the data subject has given consent to the processing of his or her personal data for one or more specific purposes.” You may withdraw your consent at any time (without affecting the lawfulness of processing carried out on the basis of consent before its withdrawal) by sending us information about the withdrawal of consent to the email address indicated in point 1.
In some cases, the legal basis for the processing of your personal data for direct marketing purposes may be the legitimate interest of the controller (Article 6(1)(f) GDPR, i.e. “processing is necessary for the purposes of the legitimate interests pursued by the controller,” and Recital 47 GDPR: “The processing of personal data for direct marketing purposes may be regarded as carried out for a legitimate interest”). According to Recital 47 GDPR, such a legitimate interest may exist where there is a relevant and appropriate relationship between the data subject and the controller, for example where the data subject is a client of the controller. Please remember that you always have the right to object, at any time and free of charge, to such processing, initial or further, including profiling insofar as it is related to direct marketing. Once you object to the processing of personal data for direct marketing purposes, the controller may no longer process your data for such purposes.
You also have the right to withdraw your consent to receive commercial information at any time and free of charge. Withdrawal of consent does not affect the lawfulness of actions carried out on the basis of consent before its withdrawal.

HANDLING CLAIMS
The content of correspondence conducted with you and information related to the performance of the contract may be archived. You have the right to request presentation of the history of correspondence you have conducted with us and your purchase history (if archived), as well as to request its deletion, unless its archiving is justified in view of our overriding interests.
The legal basis for our processing of your personal data after the end of contact with us or after performance of the contract binding us is our legitimate interest. We may therefore process your personal data for the purpose of establishing, pursuing and defending against claims on the basis of Article 6(1)(f) GDPR (i.e. processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party). That legitimate interest is to ensure that, in the event of a dispute with you, we are able to prove the content of the contract binding us and that we performed it properly.

COOKIES
Like almost all other websites, we use cookies. Cookies are small text files stored on your end device (e.g. computer, tablet, smartphone), which may be read by our ICT system.
Cookies allow us to:

1. ensure the proper functioning of the website,
2. improve the speed and security of using the website,
3. use analytical tools,
4. use marketing tools, including those involving profiling within the meaning of the GDPR.
   We use cookies on the basis of your consent, except where cookies are necessary for the proper provision of electronic services to you.
   In the situation described in point 1, the information contained in cookies is processed on the basis of Article 6(1)(f) GDPR, i.e. “processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party.” That legitimate interest is ensuring the proper functioning of the website, as well as monitoring and analyzing traffic and compiling visit statistics on the website.
   In the situations described in points 2, 3 and 4 (i.e. where your personal data are processed in order to improve the speed and security of using the website, use analytical tools or for marketing purposes, i.e. for advertising, market research and the study of your behaviour and preferences, with the results of such studies being used to improve the quality of our services), the information contained in cookies is processed on the basis of Article 6(1)(a) GDPR, i.e. “the data subject has given consent to the processing of his or her personal data for one or more specific purposes.”
   During your first visit to the website, information concerning the use of cookies is displayed. Accepting or closing this notice means that you consent to the use of cookies in accordance with this privacy policy for all the purposes described above.
   You may use tools allowing collective management of cookie settings and browser plug-ins enabling control over cookies. Web browsers also offer the possibility of using the so-called “incognito mode”, which allows visiting websites without saving in browser history information about visited sites and downloaded files. Cookies created in incognito mode are generally deleted when all windows of that mode are closed.
   You may always withdraw your consent (without affecting the lawfulness of processing before withdrawal of consent) by deleting cookies and changing the cookie settings in your browser. Please remember, however, that disabling cookies may cause difficulties in using the website, as well as many other websites that use cookies.

3. What personal data we process

We may process the following categories of personal data:

1) Data of customers of our website (and where we organize concerts, also concert participants):

• first and last name,
• telephone number,
• email address,
• residential address,
• address to which tickets are to be sent,
• purchase history,
• data related to payments for tickets ordered by customers,
• data related to the submission and handling of complaints,
• business address,
• in the case of issuing a receipt or VAT invoice – data necessary for its issuance,
• business name of the entrepreneur.

2) Data of recipients of tickets purchased on the website, i.e. data of persons provided for issuing a personalized ticket (and where we organize concerts, also concert participants):

• first and last name,
• delivery address,
• email address,
• telephone number.

3) Data of newsletter subscribers:

• email address,
• information on how the recipient reacted to the sent newsletter (including whether and when the newsletter email was opened).

4) Data of persons contacting us:

• first and last name,
• email address,
• telephone number,
• other personal data that may be provided during a telephone conversation or included by the sender in the content of the message and in attached documents.

5) Data of all website users:

• IP address,
• server date and time,
• location of the end device from which the user connects to the website,
• technical parameters of the device and software used by the user,
• data concerning content viewed on the website (the way of moving between website subpages),
• data on the source from which the user reached the website,
• geographical location (country only),
• preferred language (device interface language),
• mouse activity (movements, locations, clicks) and keystrokes,
• URL and domain of the referrer link,
• device screen resolution,
• online identifiers, including cookie identifiers, internet protocol addresses and device identifiers.

4. To whom we disclose your personal data
In our business, we use the support of specialized external entities which may or must have access to some of your data, including in particular:

• carriers / freight forwarders / courier brokers – where a customer uses delivery of a ticket by post or courier, the Controller makes the collected personal data of the customer available to the selected carrier, freight forwarder or intermediary handling shipments on behalf of the Controller to the extent necessary to deliver the product to the customer or to verify a complaint submitted by the customer (e.g. where complaint claims are related to delivery of the product),
• producers of tickets purchased by customers, where delivery of the product takes place directly from the producer’s warehouse to the delivery address indicated by the customer – the Controller provides the Customer’s data necessary for delivery,
• providers handling electronic payments or payment card payments, where the website offers the possibility of making payments by electronic means or payment card – the Controller makes the collected personal data of the Customer available to the selected entity handling such payments on the website on behalf of the Controller to the extent necessary to process the payment made by the Customer,
• service providers supplying the Controller with technical, IT and organizational solutions enabling the Controller to conduct business activity, including the website and services provided through it (in particular providers of computer software for operating the website, providers of email and hosting services, and providers of software for company management and technical support to the Controller) – the Controller makes the collected personal data of the customer available to the selected provider acting on its behalf only where and to the extent necessary to achieve a specific purpose of personal data processing consistent with this privacy policy,
• providers of accounting, legal and advisory services (in particular accounting offices, law firms or debt collection agencies) – the Controller makes the collected personal data of the customer available to the selected provider acting on its behalf only where and to the extent necessary to achieve a specific purpose of data processing consistent with this privacy policy,
• concert organizers, if the concert is organized by an entity other than us, for which customers purchase tickets using the Website.
  In the relevant agreements with these entities, we have ensured that the data entrusted to them are protected in accordance with the GDPR.
  Some of the operations described above involve transferring your personal data to so-called third countries (outside the European Economic Area), where the GDPR does not apply. However, this always takes place on the basis of legal instruments provided for in the GDPR, guaranteeing adequate protection of your rights and freedoms.
  Where personal data are transferred to a third country within the meaning of the GDPR and the European Commission has not issued an adequacy decision for that country (in accordance with Article 45 GDPR), we take appropriate safeguards to ensure an adequate level of data protection in the event of transfer. These include, among others, the European Union standard contractual clauses or binding corporate rules on data protection. Where this is not possible, we rely on the derogations described in Article 49 GDPR, in particular explicit consent or the necessity of the transfer for the performance of a contract or the implementation of pre-contractual measures. Therefore, unless stated otherwise, the legal basis for transferring data to third countries is consent referred to in Article 6(1)(a) GDPR in conjunction with Article 49(1)(a) GDPR. At the same time, we inform you that where data are transferred to a third country for which no adequacy decision or appropriate safeguards have been issued, there is a possibility and risk that authorities in that third country (for example intelligence services) may gain access to the transferred data for the purpose of collecting and analyzing them, and that the enforceability of the rights of data subjects cannot be guaranteed.
  Personal data of website customers may also, to the extent required, be disclosed to public administration authorities authorized to receive them by law (such as tax authorities).

5. How long we will process your personal data
Where you enter into a contract with us (e.g. by purchasing tickets via our website), we will process your personal data for the period required by applicable tax regulations or for the limitation period for claims related to the contract (whichever is longer). In particular, if we organize the concert, your data will be processed until the concert takes place and, to a justified extent described below, for a longer period.
If we cooperate with you on a regular basis, then of course some of your data necessary for that purpose will be processed throughout the entire period of cooperation.
Also, if under legal provisions or under the contract you are entitled to any after-sales rights, we must process your personal data throughout their duration in order to assist you where necessary.
If you submit a complaint, your personal data are stored for the period necessary to handle it, but no longer than for the limitation period for claims arising from the complaint or until the final conclusion of the dispute regarding claims arising from the complaint.
Personal data made available to us through communication channels chosen by you will be retained no longer than necessary to respond to you, and thereafter may be stored only in case claims are asserted, for the limitation period specified in the applicable provisions.
The processing of personal data of newsletter subscribers continues until the recipient withdraws consent to the subscription by unsubscribing from the subscriber list.
The processing of your personal data contained in cookies may depend on the type of cookie, but usually lasts until the possibility of using them is disabled. You can do this by deleting cookies or changing cookie settings in your browser.
Processing of other data based on consent as the legal basis continues until consent is withdrawn.

6. How we enable you to exercise your rights
We make every effort to ensure that you are satisfied with your cooperation with us. Please remember, however, that you are entitled to many rights that allow you to influence the way in which we process your personal data and, in some cases, cause such processing to cease. These rights are:

- the right of access to personal data (regulated in Article 15 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:
   a) the purposes of the processing;
   b) the categories of personal data concerned;
   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 organizations;
   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;
   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;
   f) the right to lodge a complaint with a supervisory authority;
   g) where the personal data are not collected from the data subject, any available information as to their source;
   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.
2. Where personal data are transferred to a third country or to an international organization, the data subject shall have the right to be informed of the appropriate safeguards pursuant to Article 46 relating to the transfer.
3. 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.
4. The right to obtain a copy referred to in paragraph 3 shall not adversely affect the rights and freedoms of others.

- the right to rectification (regulated in Article 16 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.

- the right to erasure (regulated in Article 17 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:
   a) the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed;
   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;
   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);
   d) the personal data have been unlawfully processed;
   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;
   f) the personal data have been collected in relation to the offer of information society services referred to in Article 8(1).
2. 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.
3. Paragraphs 1 and 2 shall not apply to the extent that processing is necessary:
   a) for exercising the right of freedom of expression and information;
   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;
   c) for reasons of public interest in the area of public health in accordance with points (h) and (i) of Article 9(2), and Article 9(3);
   d) for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89(1) insofar 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
   e) for the establishment, exercise or defence of legal claims.

- the right to restriction of processing (regulated in Article 18 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:
   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;
   b) the processing is unlawful and the data subject opposes the erasure of the personal data and requests the restriction of their use instead;
   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;
   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.
2. 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.
3. A 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.

- the right to object to processing (regulated in Article 21 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.

- the right to data portability (regulated in Article 20 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:
   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
   b) the processing is carried out by automated means.
2. In exercising the 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.
3. 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.
4. The right referred to in paragraph 1 shall not adversely affect the rights and freedoms of others.
   To exercise any of the rights described above, please contact us by email using the address from which we contacted you, or at: [info@cracowconcerts.com]

7. Complaint to the supervisory authority
Pursuant to Article 77 GDPR, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, your place of work or the place of the alleged infringement, if you believe that the processing of personal data concerning you infringes the GDPR.
In Poland, the supervisory authority is the President of the Personal Data Protection Office. Detailed information can also be found on the website of the Personal Data Protection Office at: https://uodo.gov.pl/
If you wish to contact another supervisory authority responsible for personal data protection, please visit the website of the European Data Protection Board: https://edpb.europa.eu/about-edpb/about-edpb/members_pl

8. Is providing data necessary to conclude a contract with us
We collect your personal data primarily to the extent necessary to conclude and perform a contract (sale of a ticket and, where we organize a concert, enabling participation in it). Some data are also necessary for us to fulfil obligations arising from legal provisions (tax regulations, accounting regulations, after-sales obligations). In such cases, failure to provide personal data will unfortunately make it impossible to conclude and perform the contract.
Providing personal data selected by you when contacting us through a communication channel of your choice is entirely voluntary, but is most often necessary in order for us to respond to your inquiry.
Similarly, providing your personal data in order to subscribe to our newsletter or receive other commercial information from us is entirely voluntary, but necessary if you wish to regularly receive information about our activities and website electronically.
You do not have to provide us with information contained in cookies. You can prevent this by deleting cookies and changing cookie settings in your browser. Please remember, however, that changing cookie settings in such a way that the use of the information contained in them is blocked may cause difficulties in using the website.

9. Where we obtain your personal data from
We obtain the personal data of customers of our website and of persons contacting us exclusively from those persons themselves.
We obtain the personal data of recipients of products purchased through our website exclusively from website customers who indicated specific persons as recipients of the purchased tickets.
Operational data and data related to the use of cookies are obtained automatically (although usually these are not personal data within the meaning adopted by the GDPR).

10. Automated processing and profiling
Operational data and data related to the use of cookies are processed in an automated manner.
Data processed for advertising and marketing purposes, using tools dedicated to these purposes, may be subject to profiling within the meaning adopted by the GDPR. In such a case, profiling may be aimed at matching sales offers to the user’s preferences (including on the basis of previous purchases or previously viewed offers).
Other data of website users, including data of persons contacting us, are not processed in an automated manner and are not subject to profiling.