1. What’s in this Privacy Policy?

This Privacy Policy applies to all services provided by ARC Capital Markets Sp. z o.o., including but not limited to the services in relation to the use of our website (“Site”). This Privacy Policy explains who we are, how we process your personal data, what are your rights in this regard and how you can contact us if you need to. This Privacy Policy is for information purposes only, it is not a contract, and we reserve the right to amend the Privacy Policy from time to time provided that all amendments will always be in compliance with the law.

2. About Us

We are ARC Capital Markets Sp. z o.o. whose registered office is at Plac Unii, ul. Pulawska 2, Building A, Floor 7, Warsaw, PL 02-566, National Court Register number 0000616969, NIP 5252658598, share capital PLN 11,800 (referred to as “we” or “us” or “our”). We are the controller of your personal data. To contact us, please email: info@arc-cap.com or write to our address above.

3. The legal basis for processing of the personal data

The legal basis for the processing of your personal data is especially the 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 (“GDPR“), and in particular Article 6(1)(a) GDPR (i.e. your consent for the processing of your personal data for one or more specific purposes), Article 6(1)(b) GDPR (i.e. processing is necessary for purposes related to the performance of the contract concluded with you, including any subsequent annexes to the contract), Article 6(1)(c) GDPR (i.e., processing is necessary for compliance with a legal obligation to which we are subject), and Article 6(1)(f) GDPR (i.e., processing is necessary for purposes of legitimate interest pursued by us or by a third party except where such interests are overridden by your interests or fundamental rights and freedoms which require protection of your personal data).

4. The way we obtain your personal data and the type of the personal data we collect and process 

4.1 We collect the information that you give to us when using our Site. We may collect information about your visit, including the full uniform resource locators (URL), clickstream to, through and from our Site (including date and time), products you viewed or searched for, page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks and mouse-overs), methods used to browse away from the page. We may keep a record of the other site users you contact and the contents of the emails you send to them through the site. We may also collect technical information that has the potential to identify you, such as the internet protocol (IP) address used to connect your computer to the internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system, and platform.

4.2 We also collect information that you provide to us by corresponding with us by phone, e-mail or otherwise or by entering into a contract with us such as your name and surname, your e-mail address, mobile phone number, residency address, NIP (tax identification number), PESEL number or passport number or identity card number and number of your bank account.

5. The purpose of the processing of your personal data

5.1 We may use your personal data to provide services to you which includes writing to you directly by email or calling you in the future. We may also use your information to enforce our contract concluded with you (pursue our claims against you and/or defend against your claims), notify you occasionally about important changes to our Privacy Policy, Terms of Use, Cookies Policy and/or developments to this Site and/or our services and/or for creating internal statements and statistics.

5.2 The information we collect about you whilst using the Site can be used to help us develop, administer, support, and improve our services, to conduct reviews that assist us to improve our Site to ensure that content from our Site is presented in the most effective manner and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes.

5.3 Like many websites, we use “cookies” to enable us to personalize your visits to our Site, simplify the signing-in procedure, keep track of your preferences and to track the usage of our Site. Please check our Cookies Policy for more details.

5.4 From time to time, we may use your personal data to provide marketing messages to you (including newsletters) if you have given us the consent for processing your personal data for this specific purpose. You can opt out of marketing and other communications at any time by contacting us via email or at our address (Section 2 of this Privacy Policy).

6. The recipients of your personal data 

6.1 From time to time, we may share your personal data with partners who support us in various processes related to the Site lifecycle, services we provide to you and our daily business operation:

  1. operators of electronic signatures who assist us in concluding contracts.
  2. entities that provide us with Site and IT support, maintenance and/or development services.
  3. entities that provide us with project management and content sharing tools.
  4. auditors, debt collection agencies, law firms and legal, accounting and tax firms that serve us.
  5. companies affiliated with us (within the meaning of Article 4 § 1 item 5 of the Act of September 15, 2000, of the Commercial Companies Code) and to companies holding a dominant position with respect to us or with respect to which we are a parent company (within the meaning of Art. 4 § 1 pt. 4 of the Act of September 15, 2000, of the Commercial Companies Code)

–  whereby the aforementioned entities, if required by law, will process your personal data on the basis of the agreement concluded with us as the controller of your personal data and only to the extent of the instruction given by us, each time respecting the principle of data minimization and maintaining all legally required organizational and technical measures.

6.2 If we are obliged to do so, we will share your personal data with the courts or public authorities concerned.

7. The period for which your personal data will be retained by us.

7.1 We will retain your personal data for as long as needed to fulfil the purposes outlined in this Privacy Policy and no longer than permitted by law.

In particular:

  • Your personal data related to the contracts – Your personal data will be retained for the duration of the contracts you have entered into with us and, after their expiration, for the period required by law due to public law obligations, including those arising from tax and accounting regulations, and for the period provided by law for the statute of limitations for claims related to the contracts entered into.
  • Your personal data related to the marketing purposes including but not limited to the newsletter service – Your personal data will be retained until you withdraw your consent. In any case your personal data will not be processed longer than it is consistent with the purpose of processing, and after that for the duration and to the extent required by provisions of law or for our legitimate interest in pursuing claims or defending against potential claims.

8. Your rights

8.1 Due to the fact that we process your personal data, you have the right to:

  1. access to your personal data (article 15 of the GDPR),
  2. the rectification of your personal data if your personal data is inaccurate or incomplete (article 16 of the GDPR),
  3. erasure your personal data (“right to be forgotten”) in the situations specified in the article 17 of the GDPR,
  4. restriction of processing of your personal data in the situations specified in the article 18 of the GDPR,
  5. data portability with respect to the personal data that you have provided to us and in the situations specified in the article 20 of the GDPR,
  6. object to processing of your personal data in the situations specified in the Article 21 of the GDPR

8.2 In connection with our actions as the data controller regarding your personal data you have also the right to file a complaint to the relevant public authority which, in Poland, is the President of the Personal Data Protection Office.

9. Direct Marketing

You can opt-out of receiving direct marketing from us at any time. You can do this by clicking on the “unsubscribe” link included at the end of any marketing email/newsletter we send to you, or by contacting us via email or at our address (Section 2 of this Privacy Policy).

10. Information on profiling of your personal data¡

We don’t use algorithms to make automated decisions which could impact your legal situation. For examples, we don’t make automated offers based on your behavior while browsing our Site.

11. Information on the transfer of your personal data to a third country (outside the EEA)

Your personal data may be transferred to a third country (outside the EEA). In the event that your personal data is transferred outside the EEA, we ensure the security of your personal data by transferring it to countries that provide an adequate level of protection (we rely in this regard, in particular, on decisions of the European Commission finding an adequate level and standard of protection for personal data in the country to which your personal data is transferred) or by entering into appropriate agreements with recipients of such data that include standard contractual clauses approved by the (EU) Commission.

12. Is it mandatory for you to provide your personal data?

Personal data is given voluntarily; however, we need it in order to execute a contract and communicate with you. If we do not receive your data, we will not be able to enter into a contract with you and/or fulfill the contract.

13. Changes to this Policy

Any changes we may make to this Policy in the future will be posted on this page and/or, where appropriate, notified to you by e-mail. Please check back frequently to see any updates or changes to this Policy.

14. How to contact us?

If you would like to contact us in any matter, particularly to opt out of marketing and communications from us or want to submit a subject access request please email info@arc-cap.com or write to our address set out above (Section 2).​