Privacy Policy

Effective date: 14.08.2024

  1. INTRODUCTION

  1. This privacy policy defines the manner in which inStreamly uses personal data of the users visiting our websites, interacting with us and using our services. It also informs the users what rights they have and how they are protected by the law.
  2. It is important for every user to read this privacy policy in order to be able to use the websites and services of inStreamly in an informed manner (including the knowledge on how data are used and why they are used).
  3. If you have any questions or you would like to exercise your right to privacy, you should follow the instructions contained in this privacy policy. The inStreamly team is available to help you.

  1. DATA CONTROLLER

  1. Your personal data are controlled by inStreamly P.S.A (simple joint-stock company) with its registered office in Warsaw, Poland, ul. Williama Heerleina Lindleya 16, 02-013 Warsaw, entered in the Register of Entrepreneurs of the National Court Register by the District Court for the Capital City of Warsaw in Warsaw, 12th Commercial Division of the National Court Register under KRS number: 0000953481, NIP [Tax No.]: (PL)7010954779. You can contact inStreamly in the following manner: contact@instreamly.com.

  1. STATEMENT ON THE COPPA

  1. The website and the services of inStreamly contain information which is not addressed to children (persons below the age of 13). This website as well as services and websites related thereto (including services and websites of partners of inStreamly) are not intended for children, and inStreamly does not knowingly collect data about children.

  1. DATA BEING COLLECTED

  1. inStreamly collects various information about its customers and guests when it is provided to inStreamly or when the users use services of inStreamly or when inStreamly collects such information from another source. Collected data can be assigned to the following categories:
Identification data First name and surname, platform, user name on that platform and profession (source of generated traffic). In the case of contact through social media – also the user name in these media.

If you entered into a contract for lease/rental of advertising space and want to withdraw money, Identification data refers also to: (i) your age (required for verification of legal capacity) and (ii) NIP (Tax no.) if such number has been assigned and you co-partner with us as a firm. 

If you are a minor and/or do not have full legal capacity, Identification data refers also to (iii) first name, surname email address of your legal guardian (required for the confirmation of the contract).
Contact data First name and surname, user name, email address. In the case of contact through social media – also the name in the relevant media. If you subscribe to the newsletter or agree on receiving promotional information, Contact data refers only to the data provided via the subscription form (obligatory data: name and email address).

If you entered into a contract for lease/rental of advertising space and want to withdraw money, Contact data refers also to your street address (required for tax purposes). 

If you are a minor and/or do not have full legal capacity, Identification data refers also to first name and surname, email address and street address of your legal guardian (required to confirm the contract and for tax purposes).
Data related to image Image of a person who has concluded a contract with inStreamly (lease/rental of advertising).
Financial data Bank account number.If you are a minor and/or do not have full legal capacity, Financial data refers to a bank account indicated by your legal guardian. 
Technical data Internet protocol address (IP), browser type and version, settings and location of the time zone, types and versions of browser plug-ins, operating system and platform, other technologies applied in devices employed by the user in order to access this website.
User data Information about the manner of use of the website or services (tracking of behaviour).
Tracking data Information that is collected about the user by inStreamly or other entities using cookies and similar tracking technologies, such as web beacons, pixels and mobile device identifiers.
Recruitment data First name and surname, date of birth, contact data (phone number, email address, residence), education, professional qualifications, history of previous employment. After the recruitment process inStreamly may ask for additional data mentioned in art. 22[1] of Polish Labour Code.
Display data Data collected when advertising contents is displayed, that is (a) voice and noises during the display of the advertising content and/or (b) image of user. We collect this data only from persons who have concluded a contract for displaying advertising contents on the website or subpage with inStreamly. These data are needed either to verify the correct performance of the contract (prevention of fraud) or for the correct functioning of the advertising mechanisms.
  1. inStreamly collects, shares and uses Aggregated data (statistical or demographic data), which, nonetheless, do not constitute personal data. If these data are merged by inStreamly with data allowing for the user identification, aggregated data are treated by inStreamly as personal data.
  2. inStreamly does not collect sensitive data (data of special category), including data revealing one’s racial or ethnic origin, religious beliefs, data concerning sexual life and orientation, political views, information about health and diseases as well as biometric and genetic data.
  3. If the user decides not to share some data with inStreamly, it may result in the inability to perform serviced provided by inStreamly. In the event when the consent is required by the law, it is always voluntary. However, when processing data, inStreamly does not rely only on the user’s consent, but also on other bases for data processing.
  4. If the user decides not to share some data with inStreamly, it may result in the inability to perform services provided by inStreamly. In the event when the consent is required by the law, it is always voluntary. However, when processing data, inStreamly does not rely only on the user’s consent, but also on other bases for data processing.

  1. MANNER OF DATA COLLECTION

  1. inStreamly uses various methods of personal data collection, that is:
Direct interactions The user provides data directly to inStreamly. The provision is performed upon registration (conclusion of a contract), contact by mail or by phone and contact through social media, or upon performance of the contract (lease of advertising space). In this manner, we collect Identification data, Contact data, Data related to image, Financial data and Recruitment data.
Automated activities Data are collected automatically during interactions with inStreamly (also through the website) by cookies and analytic tools, as well as during the display of the advertising content. In this manner, we collect Technical data, User data and Tracking data. We may also collect Aggregated data. In automated activities, we only use Google Analytics and Hotjar.

For persons who have concluded a contract for displaying advertising contents on the website or subpage with inStreamly we additionally may collect Display data.
From third parties Data are provided by entities which are external in relation to inStreamly (including entities providing tracking services, statistical services, etc. as well as entities providing solutions related to logging-in, e.g. Google Sign-In), if these entities have a legal basis for such provision. This basis usually consists in the user’s consent. In this manner, we collect Technical data, User data and Tracking data. We may also obtain Financial data (payments operators) and, upon authentication, Identification data and Contact data (social portals, streaming portals). Necessary personal data may be obtained by inStreamly also through API placed in portals of business partners of inStreamly and entities providing services for inStreamly.

inStreamly’s websites uses YouTube API Services. Users using websites and solutions provided by YouTube API Services are bound by and are obligated to comply with the YouTube’s Terms of Service (available at www.youtube.com/t/terms), and their data are processed in accordance with Google’s Privacy Policy (available atwww.google.com/policies/privacy). Users, in addition to the rights provided for in this policy (section 13), can revoke inStreamly’s access to use the data via Google’s security settings page (available atsecurity.google.com/settings/security/permissions).

  1. MANNER OF USE OF DATA

  1. The manner of use of data by inStreamly is contingent upon the purpose for which these data have been provided or obtained:
If we perform a contract which has already been concluded or if we want to conclude a contract. For example, if the user logs in to lease advertising space.
If it is justified by the interests of inStreamly or by the interests of third parties, and the interests of the user do not override them. For example, if we have a reasonable suspicion of fraud; if inStreamly wants to inform the user about new services.
If inStreamly must perform a legal obligation imposed on it. For example, for the purpose of tax settlement.
  1. However, as a rule, inStreamly uses data for the purpose of:
    a. performance of services provided by electronic means, and in the case of users with whom a contract has been concluded – also for the purpose of performance of that contract; b. performance of other services; c. handling of inquiries, requests and orders; d. marketing activities (marketing of own products); e. analysis and improvement of the functioning of websites and services provided by inStreamly; f. development, repair or tests of various functionalities; g. recruitment process;

  1. LEGAL BASIS FOR DATA COLLECTION. RETENTION

  1. inStreamly regularly checks the data it holds and the validity of the basis for its processing. 
  2. inStreamly may process personal data on the following legal bases:
Performance of a contract or action prior to its conclusion Article 6(1)(b) of the GDPR. Data are retained for a period that is necessary for the contract to be performed, terminated or otherwise dissolved. Identification data, Contact data, Data related to image and Financial data
Direct marketing (general; excluding newsletter) Article 6(1)(f) of the GDPR. Data are stored for the period of existence of a legitimate interest pursued by inStreamly     .  Contact data
Newsletter  Article 6(1)(a) of the GDPR. Data is stored till the consent is withdrawn.  Contact data 
Keeping accounts Article 6(1)(c) of the GDPR in conjunction with Article 74 paragraph 2 of the Accounting Act. Data are stored for a period required by the legal provisions obliging inStreamly to maintain accounts (five years calculated from the beginning of the year following the financial year concerned by the data). Identification data, Contact data and Financial data
Responding to an inquiry Article 6(1)(f) of the GDPR. Data are stored for the period of existence of a legitimate interest pursued by inStreamly, however, no longer than for a period necessary to respond to inquiries sent. Identification data, Contact data
Determining, pursuing or defending against claims Article 6(1)(f) of the GDPR. Data are stored for the period of existence of a legitimate interest pursued by inStreamly, however, no longer than for the period of limitation of claims in relation to the data subject. The limitation period is defined by the law, in particular, by the provisions of the Civil Code (the basic limitation period for claims related to conducting business activity is three years, and in the case of a sales contract – two years). Identification data, Contact data and Financial data, Display data
Ensuring security, data protection and protection against fraud Article 6(1)(f) of the GDPR. Data are stored for the period of existence of a legitimate interest pursued by inStreamly, however, no longer than for the period of limitation of claims in relation to the data subject. The limitation period is defined by the law, in particular, by the provisions of the Civil Code (the basic limitation period for claims related to conducting business activity is three years, and in the case of a sales contract – two years). Identification data, Contact data, Data related to image and Financial data, Display data
Recruitment process  Article 6(1)(b) of the GDPR and art. 22[1]§1 of Polish Labor Code. Data is stored for a period that is necessary for the recruitment process for a specific job. If a check-box with a consent was selected the legal basis for processing is article 6(1)(a) of the GDPR. In this case data is stored till the consent is withdrawn. Recruitment data
Correct functioning of certain advertising mechanisms Article 6(1)(a) of the GDPR. Data is stored for no longer for the duration of the advertising campaign. In most cases, data is deleted as soon as inStreamly’s software is switched off. Direct consent is a requirement for the processing of these data (selection of a check-box with a consent). Display data

  1. THE RIGHTS OF DATA SUBJECTS

  1. The data subject (the user) has the following rights:
The right of access, rectification, limitation, erasure or portability The data subject has the right to request the following from inStreamly: access to their personal data, their rectification, erasure (“the right to be forgotten”) or limitation of their processing, the right to object to their processing and the right to data portability. The detailed conditions of exercising the aforementioned rights are indicated in Article 15-21 of the GDPR.
The right to withdraw the consent at any time The person whose data are processed by inStreamly based on the consent given (pursuant to Article 6(1)(a) or Article 9(2)(a) of the GDPR) has the right to withdraw the consent at any time without affecting the legitimacy of the processing performed based on the consent prior to its withdrawal. If you did not find a dedicated tool to withdraw the consent please email us on contact@instreamly.com.
The right to lodge a complaint with the supervisory body The person whose data is processed by inStreamly has the right to lodge a complaint with the supervisory body in the manner and mode defined in the provisions of the GDPR and the Polish law, in particular, the Act on Personal Data Protection. The President of the Personal Data Protection Office is the supervisory body in Poland.
The right to object At any time, the data subject has the right to object – for reasons related to their specific situation – to the processing pertaining to their personal data based on Article 6(1)(e) (public interest or tasks) or (f) (legitimate interest), including profiling based on these provisions. In such an event, inStreamly will no longer be able to process such personal data, unless it proves the existence of important, legitimate grounds for the processing, overriding the interests, rights and freedoms of the data subject, or any grounds for determining, pursuing or defending claims.
The right to object to direct marketing If personal data are processed for the purpose of direct marketing, the data subject has the right to object, at any time, to the processing pertaining to their personal data for the purposes of such marketing, within the scope in which the processing is related to such direct marketing.
  1. The exercise of rights of the data subject is performed by contacting inStreamly using the contact details indicated in the introduction to the policy.

  1. PROFILING

  1. inStreamly does not perform profiling.

10. DATA PROVISION

  1. As a rule, data collected by inStreamly are not shared with third parties. However, inStreamly may:
    a. share data of persons who have concluded a contract with inStreamly (lease of advertising space) with advertisers at the stage of their deciding about cooperation with inStreamly, as well as information about the implemented campaigns;
    b. share data of persons who have used the services of inStreamly with entities supporting inStreamly in the provision of services, such as payment processors or providers of analytic tools (e.g. Google Analitycs, Google Workspace);
    c. provide data to law enforcement authorities, supervisory bodies, entities performing public tasks or other entities, if the obligation to provide data results from the legal provisions.
    The provision of data must always be performed based on the legal provision or the relevant contract (outsourcing of personal data processing).
  2. Data may be shared outside the European Economic Area, whereby inStreamly ensures that adequate security measures are provided. In particular, inStreamly concludes the relevant contracts (standard contractual clauses) in order to secure personal data being transmitted, and provides data to those countries for which the European Commission has issued a decision acknowledging the appropriate level of protection.

11. Social media

  1. The liability for collecting and further processing of personal data of the user at social media portals shall be borne by the entity providing the portal. The owner of such portal shall collect information, including personal data, in relation to the user’s visits to the portal (also visits without registration). inStreamly is only the operator of the website or account created as part of the social media portal, and the scope of data collected by inStreamly in this way is limited. In addition, in the case of  some social media portals (for instance, Meta/Facebook), the scope of data to which inStreamly may gain access is determined by the settings of the account user.
  2. Social media additionally provide inStreamly with Aggregated Data that are not personal data. All other data obtained by inStreamly come from direct interactions with inStreamly (e.g. replying to threads, posting queries) that we describe in point 5 of this Privacy Policy. Such data are processed in accordance with the relevant legal basis set forth in point 7 of this Privacy Policy.
  3. The user is not obliged to provide inStreamly with personal data, but the entity providing a given portal may condition the operation of a specific portal function on the provision of such data (e.g. sending a private message always involves the provision of user data, that is account name). Within the above-mentioned scope the user has certain rights, as described in point 8 of this Privacy Policy. 
  4. At inStreamly websites you can find the so-called social media plugins that direct you to social media portals. Their basic function is to redirect you to the relevant resources of the social media portal (for instance, inStreamly fan page at Facebook/Meta). What is more, such plugins may provide information about visits to the inStreamly website directly to the entity providing a given social media portal. It only happens when the visitor to the inStreamly website is also logged in at the portal.