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  1. This Privacy Policy sets out the rules for the processing of personal data obtained through the tryevidence.com website (hereinafter: „Website“).
  2. The owner of the Website and data controller is Try Evidence sp. z o.o. based in Wrocław, Plac Powstańców Śląskich 1/2, 50-314 Wrocław, entered into the Register of Entrepreneurs of the District Court for Wrocław-Fabryczna in Wrocław, 6th Commercial Division of the National Court Register under the KRS number: 0000792171, NIP (Tax Identification Number): 8971867823, and REGON (National Business Registry Number) number: 383708937, hereinafter referred to as „Try Evidence“ or „Data Controller“.
  3. Personal data collected through the Website will be processed by Try Evidence in accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC – also known as GDPR.
  4. Try Evidence takes special care to respect the privacy of Users visiting the Website.

Article 1. Type of data processed, purposes and legal basis for processing

  1. Try Evidence processes personal data of natural persons, natural persons conducting business or professional activity on their own behalf and natural persons representing legal persons or organizational units that are not legal persons, to which the law grants legal capacity, hereinafter jointly referred to as „Users“.
  2. Personal data are processed in the case of:
  1. using the Website, in connection with providing the Users with the content published on the Website – with the Users’ consent to the terms and conditions of provision of electronic services consisting in accessing the content posted on the Website. The legal basis for processing is the consent of the data subject (Article 6(1)(a) of GDPR);
  2. using the contact form service on the Website – with the consent of the User in order to provide the service provided electronically, consisting in ensuring contact with Try Evidence. The legal basis for data processing by Try Evidence are explicit consent of the data subject (Article 6(1)(a) of GDPR) and legitimate interest (Article 6(1)(f) of GDPR);
  3. subscription to the newsletter; the legal basis for data processing connected with sending the newsletter is the explicit consent of the data subject (Article 6(1)(a) of GDPR);
  4. registration on the Website for the purpose of taking part in marketing research surveys. Legal basis: actions performed at the request of the User and necessary for the performance of the contract (Article 6(1)(b) of GDPR);
  1. As a result of the implementation of the activities referred to in paragraph 2 above, Try Evidence may receive and process the following types of personal data:
    1. e-mail address;
    2. first name and last name;
    3. registered business name;
    4. phone number;
    5. Information on whether the User is an employee (contractor, subcontractor, etc.) of an entity related to the production and/or distribution of video or mobile games.
  2. When using the Website, additional information may be collected only for statistical purposes, in particular: the IP address assigned to the User’s computer or the external IP address of the internet provider, domain name, browser type, access time, type of operating system. When using the Website, a User’s web browsing data may also be collected, including information about user path, links clicked on the Website or other events occurring during the User’s interaction with the Website. Legal basis – legitimate interest (Article 6(1)(f) of GDPR), consisting in implementing processing necessary for the provision of the service and its improvement.
  3. In order to establish, exercise and defend against claims, some personal data provided by the User when using the functionalities of the Website may be processed, including: name, surname, data regarding the use of the services (if the claims result from the manner in which the User uses the services), and other data necessary to establish the claim, including the extent of the damage suffered. Legal basis – the legitimate interest of the data controller (Article 6(1)(f) of GDPR), consisting in establishing, pursuing and enforcing claims and defending against claims in proceedings before courts and other public authorities.
  4. The transfer of personal data to Try Evidence is voluntary, and takes place only in connection with the provision of services via the Website. However, failure to provide the data specified in the forms will render effective contact with the User impossible.
  5. Try Evidence does not perform automated decision-making, including profiling, based on the provided personal data.

Article 2. Who is the data shared with or entrusted to, and how long is it stored for?

  1. Users’ personal data may be transferred to third-party service providers making it possible for Try Evidence to run the Website.
  2. Third-party service providers (Data Processors) to whom personal data are transferred are subject to Try Evidence’s instructions on the purpose and manner of data processing. Such service providers include, among others, entities providing hosting services, accounting services, marketing systems, web traffic analysis tools, and tools analyzing the effectiveness of marketing campaigns;
  3. Try Evidence concludes contracts for entrusting the processing of personal data with its service providers, in which it imposes on them an obligation to comply with the provisions of personal data protection.
  4. Try Evidence does not intend to transfer personal data outside the EEA. In the case of transfer of personal data to third countries – i.e. to recipients based outside the European Economic Area or in Switzerland – countries which, according to the European Commission, do not provide sufficient data protection, Try Evidence transfers the data using mechanisms compliant with applicable law, which include in particular:
    1. EU’s „Standard Contractual Clauses“,
    2. obtaining a certificate of compliance with the Privacy Shield by a third party (if the third party is based in the United States),
    3. when the data is transferred to secure third countries for which the European Commission has confirmed a suitable level of data protection on the basis of an adequacy decision.
  5. Users‘ personal data are stored:
    1. If the basis for the processing of personal data is consent, the User’s personal data are processed by Try Evidence until the consent is withdrawn. Also, after the consent is withdrawn, personal data will be processed until all claims raised by or against Try Evidence have expired. Unless otherwise specified by a specific provision, a period of limitation for claims is six (6) years, and for claims for periodic benefits and claims for business purposes – three (3) years.
    2. If the basis for data processing is the performance of the contract, the User’s personal data are processed by Try Evidence as long as it is necessary to perform the contract, and after that time for a period corresponding to the period of limitation of claims. Unless otherwise specified by a specific provision, a period of limitation for claims is six (6) years, and for claims for periodic benefits and claims for business purposes – three (3) years.
  6. Web browsing data may be used to improve the service, perform web analytics, create a personalized experience for each User, and administer the Website.
  7. If the User chooses to subscribe to the Newsletter using their e-mail address, Try Evidence may send them emails with updates about current publications, promotions, services, research and training.
  8. In the event of receiving a valid request, Try Evidence provides personal data to state authorities, in particular organizational units of the prosecutor’s office, the Police, the President of the Personal Data Protection Office, the President of the Office for Competition and Consumer Protection or the President of the Office of Electronic Communications.

Article 3. Cookies and IP addresses

  1. The website uses small files called cookies. Cookies are saved by Try Evidence on the end device of the person visiting the Website, if the web browser allows it. A cookie file usually contains the name of the domain it comes from, its „expiration date“, and a unique client identifier (Client ID), which is a randomly generated. The information collected using this type of files helps to adjust the products offered by Try Evidence to the individual preferences and real needs of visitors of the Website. Using Cookies also allows Try Evidence to use web analytics  analytics to find out general information about the visitors to the Website.
  2. Try Evidence uses two types of cookies:
    1. Session cookies: the information is deleted from the device’s memory after the browser session ends or the computer is turned off. Session cookies do not allow the collection of any personal data or any confidential information from Users‘ computers;
    2. Persistent cookies: they are stored in the memory of the User’s end device and remain there until they are deleted or expired. Persistent cookies do not allow the collection of any personal data or any confidential information from the Users‘ computer.
  3. Try Evidence uses first-party cookies for the purpose of:
    1. User authentication on the Website and storing the User’s session data;
    2. analysis and research as well as audience analysis, and in particular to create anonymous statistics that help to understand how Users use the Website, which allows improving its structure and content.
  4. Try Evidence uses third-party cookies for the purpose of:
    1. display on the Website a map showing the location of the Try Evidence office, using the website maps.google.com (administrator of third-party cookies: Google, Inc.);
    2. presenting multimedia content on the pages of the Website that is downloaded from the external website www.vimeo.com (administrator of third-party cookies: Vimeo, LLC.);
    3. collecting general and anonymous statics via Google Analytics (administrator of third-party cookies: Google, Inc.).
  5. The cookie mechanism is safe for the computers of the Website Users. In particular, Cookies are stored as text files and cannot be of danger or pass on viruses or malware. The User can use specific browser settings to block some or all cookies. Internet browsers allow you to block cookies. The detailed procedure for changing the browser settings can be found on the specific browser developer’s website. Deleting, blocking, limiting the receipt of cookies may cause disruptions in the use of the Website and, in some cases, make the use of the Website impossible.
  6. Internet browsers give Users the option to limit or completely stop cookies from being saved on their computers. In this case, the use of the Website will still be possible, except for the parts of the Website which require cookies to work properly.
  7. Try Evidence may collect Users‘ IP addresses. An IP address is a number assigned to the computer of a visitor to the Website by an internet service provider. The IP number allows you to access the Internet. In most cases, it is assigned dynamically to each computer, i.e. it changes every time a User connects to the Internet. The IP addresses are used by Try Evidence for troubleshooting server problems and implementing web analytics (e.g. determining where the Website gets most of its visitors). This information is also useful in administering and improving the Website, as well as for security purposes and possible identification of attacks rendering the Website unavailable by overloading the server’s bandwidth.
  8. The website may contain links and references to other websites. Try Evidence is not responsible for the privacy practices of third-party websites.

Article 4. Rights of data subjects

  1. Right to withdraw consent – legal basis: Article 7 section 3 of GDPR.
    1. The User has the right to withdraw any consent given to Try Evidence;
    2. Withdrawal of consent is effective immediately;
    3. The withdrawal of consent shall not affect the lawfulness of processing done by Try Evidence based on consent before its withdrawal.
    4. Withdrawal of consent does not entail any negative consequences for the User but may prevent further use of services or functionalities which, in accordance with the law, Try Evidence may only provide with User consent.
  2. Right to object to data processing – legal basis: art. 21 GDPR.
    1. The User has the right to object at any time – for reasons related to his particular situation – to the processing of his personal data, including profiling, if Try Evidence processes their data based on legitimate interest, e.g., marketing of Try Evidence products and services, statistics on the use of individual functionalities of the Website and facilitating the use of the Website, as well as satisfaction surveys;
    2. If the User’s objection turns out to be valid and Try Evidence has no other legal basis to continue processing personal data, the User’s personal data whose processing the User has objected shall be deleted;
  3. Right to erasure (known as „right to be forgotten“) – legal basis: Article 17 of GDPR.
  1. The user has the right to request the deletion of all or some personal data;
    1. The User has the right to request the deletion of personal data if:
      1. the personal data is no longer necessary for the purpose which you originally collected or processed it for;
      2. you are relying on consent as your lawful basis for holding and processing the data, and the User withdraws their consent;
      3. personal data is processed unlawfully
  1. personal data must be removed in order to comply with the legal obligation provided for in the European Union law or the law of the Member State to which Try Evidence is subject.

Despite the request to delete personal data, in connection with the objection or withdrawal of consent, Try Evidence may retain certain personal data to the extent that processing is necessary to establish, exercise or defend claims, as well as to fulfill a legal obligation requiring processing pursuant to Union law or the law of the Member State to which Try Evidence is subject. This applies in particular to personal data including: name, surname, e-mail address, which data are kept for the purpose of handling complaints and claims related to the use of Try Evidence services.

  1. Right to restrict processing – legal basis: Article 18 of GDPR.
  1. The User has the right to demand that the processing of their personal data be restricted. Submitting a request, pending its consideration, prevents the use of certain functionalities or services which involve the processing of data covered by the request. Try Evidence will also stop sending any messages, including marketing messages;
  2. Users have the right to request the restriction of the processing of their personal data in the following circumstances:
    1. the individual contests the accuracy of their personal data. Try Evidence shall restrict the use of the data for the time needed to verify the correctness of the data for a period not longer than 7 days;
    2. the data has been unlawfully processed, and instead of deleting the data, the User requests the restriction of their use;
    3. when personal data are no longer necessary for the purposes for which they were collected or used, but are needed by the User to establish, assert or defend claims;
    4. when the User has objected to the use of their data – then the restriction takes place for the time needed to consider whether – due to the special situation – the data controller’s legitimate grounds override those of the User.
  1. The right to access – legal basis: Article 15 of GDPR.
  1. The User has the right to obtain confirmation from the data controller whether their personal data is being processed, and if so, the User has the right to:
    1. access their personal data;
    2. obtain information: about the purposes of processing, categories of personal data being processed, recipients or categories of recipients of these data, the planned period of storage of the User’s data or the criteria for determining this period (when it is not possible to determine the planned period of data processing), about the rights of the User under the GDPR and about the right to lodge a complaint with the supervisory authority, about the source of this data, about the automated decision-making, including profiling; and about the safeguards used in connection with the transfer of these data outside the European Union;
    3. access and receive a copy of their personal data.
  1. Right to rectification – legal basis: Article 16 of GDPR.
    1. request that the Data Controller immediately rectify their personal data that is incorrect. Taking into account the purposes of processing, the User has the right to request supplementing incomplete personal data, including by submitting an additional statement, directing the request to the e-mail address provided in Article 6 of this Privacy Policy.
  2. Right to data portability – legal basis: Article 20 of GDPR.
    1. The User has the right to receive his personal data, which he provided to the Data Controller, and then send them to another data controller of his choice. The User also has the right to request that the personal data be sent by the Data Controller directly to another data controller, if technically possible. In such case, the Data Controller will send the User’s personal data in the form of a .csv file, which is a commonly used, machine-readable format that allows the received data to be sent to another data controller.
  3. If the User exercises any of the above rights, Try Evidence shall comply with the request or refuse to do so it immediately, not later than within one month after receiving it. However, if – due to the complexity of the request or the number of requests received – Try Evidence is not able to fulfill the request within a month, it will do so within the next two months, informing the User within one month of receiving the request about the delay and its reasons.
  4. The User may submit complaints, inquiries and requests to the Data Controller regarding the processing of his personal data and the exercise of his rights.
  5. The User has the right to request that Try Evidence provides copies of standard contractual clauses by submitting the request in the manner indicated in Article 6 of this Privacy Policy.
  6. The User has the right to lodge a complaint with the President of the Personal Data Protection Office regarding the violation of their personal data protection rights or other rights granted under the GDPR.

Article 5. Safety management

Try Evidence provides Users with a secure and encrypted connection when transmitting personal data. Try Evidence uses an SSL certificate issued by one of the world’s leading providers of data security and encryption services.

Article 6. Changes to the Privacy Policy

  1. Try Evidence shall inform the Users about the changes to the Privacy Policy 7 days before the changes are implemented.
  2. For all questions related to this Privacy Policy, please send an email to: hello@tryevidence.com
  3. Privacy Policy last updated on: 07/30/2021