What does this document contain?

Information about the protection of your personal data, including your rights.

 

The policy has been divided into four parts:

  1. explanation of the terms used in the Policy, our contact data and information about your rights,
  2. detailed information about the processing of your personal data; the information has been provided separately for each form which you can fill out on our Service,
  3. information about the processing of your data on our social media profiles,
  4. information about cookies and related processing of personal data.

Part I - General provisions

§ 1

Controller

  1. We, i.e. Newmark Polska Sp. z o.o. based in Warsaw, ul. Marszałkowska 126/134, 00-008 Warszawa, are the controller of your personal data. In the remainder of this Privacy Policy, we refer to ourselves in the first person or as Controller.
  2. Our company files are kept by the District Court for the Capital City of Warsaw in Warsaw, 12th Commercial Division of the National Court Register. We are registered in the Register of Entrepreneurs of the National Court Register under number 0000605722. Our Tax ID (NIP): 7010556292. Our share capital is PLN 34,000.00. Our files contain our essential information, such as financial statements and the company deed.
  3. You can contact us:

§ 2

Terms used in the Privacy Policy

If you notice any of the following capitalized terms in the following sections of our Privacy Policy, you should understand them as defined below:

  • „Service” – the Internet service the main pages of which can be found at: nmrk.com and nmrk.pl.
  • „Policy” – means this document, i.e. the privacy policy which you are reading,
  • „GDPR” – 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. The GDPR text can be found here,
  • „Social media” – the social networking sites at LinkedIn and YouTube.

§ 3

Your rights regarding your personal data

  1. We process your personal data, therefore you:
    • have the right to access your personal data,
    • may correct it,
    • may request the deletion of your personal data when allowed by the GDPR,
    • have the right to restrict the processing, to the extent specified in the GDPR.
  2. In Parts II to IV of the Policy, you will find information about your additional rights, as you will have them in some situations.
  3. Do you want to exercise your rights or learn more? Contact us. You can find our contact data in § 1.3 of the Policy.

§ 4

Right to object

  1. Once you have given us your personal data, or if we collect it ourselves, you may exercise your right to object. You have such right in two situations where we process your personal data:
    • for direct marketing purposes; you do not have to justify such an objection;
    • on the basis of our other legitimate interests; such objection requires a justification of your particular situation. Write us why we should not process your data.
  2. Do you want to exercise your right to object? Contact us. You can find our contact data in § 1.3 of the Policy..

§ 5

Complaint to the President of the Office for Personal Data Protection

If you believe that we are processing your personal data unlawfully, you may file a complaint with the supervisory authority. In Poland, the supervisory authority is the President of the Office for Personal Data Protection. The website is available at: https://uodo.gov.pl/

§ 6

Data security and risks

  1. We use the technical measures required by the current data protection regulations to prevent unauthorised persons from obtaining and modifying personal data sent electronically, i.e. in our Service.
  2. We would like to point out that the specific risks associated with the use of services such as ours are:
    • malware
    • spyware
    • phishing of information by masquerading as credible entities,
    • hackers' actions aimed at breaking into ICT systems,

    On our part, we take measures to secure the Service and the data processed therein against such threats. You should also remember to follow the safety rules yourself. For example, install anti-virus software and keep it up-to-date, and avoid clicking links or opening attachments from messages whose origin you are unsure of.

§ 7

Questions regarding the Policy

If you have any questions regarding the Policy, let us know. You can find our contact data in § 1.3 of the Policy..

Part II - information related to the processing of your personal data in individual forms and when contacting us

§ 8

Contacting us by email, traditional mail, contact form or phone number

If you use one of these ways to contact us, pay attention to the following:

  • Why and on what legal basis do we process your personal data?
    Purpose of processing Legal basis for processing

    To reply to your message, communicate with you and resolve the issue raised by you.

    Example:

    You send a message to us asking how to perform a certain action in the Service.

    The legal basis for the processing of your personal data for this purpose is our legitimate interest, i.e. Article 6(1)(f) of the GDPR.

    Our legitimate interest is:

    To resolve the issue raised by you and reply to your message.

    To take actions at your request aimed at entering into a contract with you.

    Example:

    You contact us requesting a customised offer by email or phone.

    The legal basis for the processing of your personal data for this purpose is for us to conduct pre-contractual activities at your request, i.e. Article 6(1)(b) of the GDPR.

  • How long will we process your data?

    For the time it takes to resolve the issue raised by you, but no longer than 1 month from the date of its resolution.

  • What are your rights?

    They are described in §3 and §4 of the Policy.

  • Do you have to provide your data to us?

    It is voluntary. Without your contact data, we may not be able to resolve the issue raised by you.

    Without your personal data, we will not be able to prepare an offer for you, if you have contacted us for this purpose.

  • Who will we share your data with?

    1. the provider of the hosting service in which our email operates,
    2. Poczta Polska (the Polish Postal Service) or couriers, if we respond to your message by letter.
  • Will your personal data be transferred outside the European Economic Area?

    No.

  • Will automated decisions be made based on your data, including profiling?

    No.

§ 9

Subscribing to newsletter

You can voluntarily subscribe to our newsletter through the form available in the Service. If you subscribe to the newsletter, pay attention to the following:

  • Why and on what legal basis do we process your personal data?
    Purpose of processing Legal basis for processing

    To send marketing information to you via email.

    Example:

    We will send you e-mail messages about, for example: press releases and publications on the commercial real estate market.

    We will also store your personal data in the tool we use to send newsletters.

    The legal basis for the processing of your personal data for this purpose is your consent in conjunction with our legitimate interest, i.e. Article 10(2) of the Act on Provision of Electronic Services in conjunction with Article 172(1) of the Telecommunications Law in conjunction with Article 6(1)(f) of the GDPR.

    Our legitimate interest is:

    To process your personal data in order to send marketing information to you via email or text message based on your consent.

    To analyse whether you read our newsletters and which content you are most likely to read.

    Example:

    After a newsletter is sent, we may check whether you have read our email, and which content you have clicked in it. Based on this, we will be able to determine which products you are most interested in and send you more information about those products in the future, and limit the amount of information relating to products that have not roused your interest.

    The legal basis for the processing of your personal data for this purpose is our legitimate interest, i.e. Article 6(1)(f) of the GDPR.

    Our legitimate interest is:

    To analyse the effectiveness of our newsletter and match its content to the subscribers’ interests.

    To maintain backup copies of the Service's IT system.

    Example:

    After you withdraw your consent to receive our newsletter, your data will be processed only in the backup copies to ensure the stability and accountability of the IT system.

    The legal basis for the processing of your personal data for this purpose is our legitimate interest, i.e. Article 6(1)(f) of the GDPR.

    Our legitimate interest is:

    To ensure the stability and accountability of the IT system.

    To investigate and defend claims related to the provision of services.

    Example of action:

    You will contact us and indicate that we have not fulfilled our obligations towards you or that we have violated the principles of personal data processing and make demands on this account.

    The legal basis for the processing of your personal data for this purpose is our legitimate interest, i.e. Article 6(1)(f) of the GDPR.

    Our legitimate interest is:

    To protect our rights.

  • Right to withdraw consent.

    Remember that you may withdraw your consent to receive our newsletter at any time.. In order to do that, you can: click the unsubscribe link (you will find it in every newsletter) or contact us and withdraw your consent. Withdrawal of the consent does not affect the lawfulness of the processing prior to the withdrawal.

  • How long will we process your data?

    Until you revoke your consent to send the newsletter, and for an additional 30 days after you withdraw your consent, due to the inclusion of your data in the backup copies of the IT system on the basis of the controller’s legitimate interest (Article 6(1)(f) of the GDPR). Withdrawal of the consent does not affect the lawfulness of the processing prior to the withdrawal.

    To the extent that your data is processed on the basis of the Controller’s legitimate interest, until you object to further processing for this purpose.

  • What are your rights?

    They are described in §3 and §4 of the Policy. You may also exercise your right to portability of your personal data under the terms of the GDPR.

  • Do you have to provide your data to us?

    It is voluntary. Without providing it, you will not be able to subscribe to our newsletter and receive commercial information from us.

  • Who will we share your data with?

    1. Suppliers of newsletter mailing tools.
    2. Marketing agencies dealing with designing and sending our newsletters.
    3. Entities dealing with hosting (storing) of the Service and personal data for us.
  • Will your personal data be transferred outside the European Economic Area?

    Due to the necessary protection from web crawlers, we use the Google reCAPTCHA mechanism. The data required by this mechanism may be transferred to the United States on the basis of the European Commission’s decision of 10/07/2023 issued under the Regulation of the European Parliament and of the Council (EU), stating the adequate level of personal data protection provided under the EU-US data protection framework. You can obtain a copy of the personal data transferred outside the European Economic Area at any time. Contact us.

  • Will automated decisions be made based on your data, including profiling?

    No.

§ 10

Form to order materials from the Controller

There is a form in the Service that allows you to order free materials from the Controller. If you fill out the form, pay attention to the following:

  • Why and on what legal basis do we process your personal data?
    Purpose of processing Legal basis for processing

    To enable sending the materials to you via email.

    Example of action:

    If you fill out the form, we will send you the requested report, map or analysis to your e-mail address.

    The legal basis for the processing of your personal data for this purpose is the conclusion of a contract with you to provide the materials, i.e. Article 6(1)(b) of the GDPR.

    To market our Service, as well as our goods and services.

    Example of action:

    By sharing materials with you, we can promote ourselves and our Service.

    The legal basis for the processing of your personal data for this purpose is the legitimate interest, i.e. Article 6(1)(f) of the GDPR.

    Our legitimate interest is:

    To promote our brand and the Service.

  • How long will we process your data?

    For the time necessary to provide you with the requested materials and the time necessary to demonstrate the correctness of this service. With regard to marketing activities, for the period of carrying out such activities, but no longer than until you object to further processing for marketing purposes.

  • What are your rights?

    They are described in §3 and §4 of the Policy. You may also exercise your right to portability of your personal data under the terms of the GDPR.

  • Do you have to provide your data to us?

    It is voluntary. Without providing it, you will not be able to receive the requested materials from us.

  • Who will we share your data with?

    1. Suppliers of tools for sending our materials.
    2. Entities dealing with hosting (storing) of the Service and personal data for us.
  • Will your personal data be transferred outside the European Economic Area?

    Due to the necessary protection from web crawlers, we use the Google reCAPTCHA mechanism. The data required by this mechanism may be transferred to the United States on the basis of the European Commission’s decision of 10/07/2023 issued under the Regulation of the European Parliament and of the Council (EU), stating the adequate level of personal data protection provided under the EU-US data protection framework. You can obtain a copy of the personal data transferred outside the European Economic Area at any time. Contact us.

  • Will automated decisions be made based on your data, including profiling?

    No.

Part III - our social media profiles

§ 11

Use of our social media profiles

If you use our social media profile, pay attention to the following:

  • Why and on what legal basis do we process your personal data?
    Purpose of processing Legal basis for processing

    To respond to private messages you send to us.

    Example:

    We will respond to messages you send to us using the tools available on the social media, e.g. private messages.

    The legal basis for the processing of your personal data for this purpose is our legitimate interest, i.e. Article 6(1)(f) of the GDPR.

    Our legitimate interest is:

    To resolve the issue raised by you and reply to your message.

    To hold discussions with you in the form of comments under individual posts.

    Example:

    If you comment on our post or tag us in a discussion, we are more than likely to respond to your message. We will then see the name of your account on a particular social network and your profile picture.

    The legal basis for the processing of your personal data for this purpose is our legitimate interest, i.e. Article 6(1)(f) of the GDPR.

    Our legitimate interest is:

    To hold discussions with users commenting on our social media posts or tagging us in discussions held there.

    Statistical, involving data about post views, reach, number of interactions, demographics of our followers, presented to us by social media providers.

    The data presented to us by social media providers is statistical data, however, it is created based on the providers’ observations of your behaviour on our profile.

    Example:

    Social media providers will inform us at what time and on what days the largest number of our followers are logged into a particular portal.

    The legal basis for the processing of your personal data for this purpose is our legitimate interest, i.e. Article 6(1)(f) of the GDPR.

    Our legitimate interest is:

    To get knowledge of users following our social media profiles and interacting with our posts. This allows us to optimise our communication methods, including matching them to the average age of our followers or choosing the optimal times to publish posts.

    Marketing aimed at informing people about our services and ourselves through posts that we publish on our profiles, including sponsored posts that are displayed to a wider range of social media users.

    Example:

    We may display ads to you that relate to products available in the Service, including the ones you have viewed there.

    The legal basis for the processing of your personal data for this purpose is our legitimate interest, i.e. Article 6(1)(f) of the GDPR.

    Our legitimate interest is:

    To market the Service and promote the products available there.

    To seek claims and defend against them.

    Example of action:

    You will contact us and indicate that we have not fulfilled our obligations towards you or that we have violated the principles of personal data processing and make demands on this account.

    The legal basis for the processing of your personal data for this purpose is our legitimate interest, i.e. Article 6(1)(f) of the GDPR.

    Our legitimate interest is:

    To protect our rights.

    To detect and prevent abuse, including the publication of illegal content.

    Example of action:

    We may delete your comments added under individual posts if they contain illegal content.

    The legal basis for the processing of your personal data for this purpose is our legitimate interest, i.e. Article 6(1)(f) of the GDPR.

    Our legitimate interest is:

    To protect our rights and prevent the addition of illegal content.

  • How long will we process your data?

    For the time it takes to carry out the activities referred to above, i.e. responding to your messages, holding discussions in social media and fulfilling the above mentioned marketing and statistical purposes. At the same time, we will not process your personal data after you object.

  • What are your rights?

    They are described in §3 and §4 of the Policy.

  • Do you have to provide your data to us?

    It is voluntary. However, due to the rules applied by social media providers, we will see your name or nickname and photo if you write to us or comment on our post.

  • Who will we share your data with?

    1. Social media providers,
    2. The entity handling our social media profiles.
  • Will your personal data be transferred outside the European Economic Area?

    Your personal data will be transferred to the United States on the basis of the European Commission’s decision of 10/07/2023 issued under the Regulation of the European Parliament and of the Council (EU) stating the adequate level of personal data protection provided under the EU-US data protection framework. You can obtain a copy of the personal data transferred outside the European Economic Area at any time. Contact us.

  • Will automated decisions be made based on your data, including profiling?

    The Controller does not use your data for automated decision-making in your cases, or for profiling. However, we would like to point out that social media operators also use the data you provide for their own purposes.

Part IV – information about cookies and related processing of personal data

§ 12

Entering the Service website

Entering the Service website involves the processing of the information contained in cookies under the terms described below.

§ 13

What are cookies and why do we use them

1. In our Service we use cookies, which are small text information files stored on your terminal device (e.g. computer, tablet, smartphone). Cookies can be read by the Service. Want to learn more about cookies? Take a look at Wikipedia at this link.

  • Why and on what legal basis do we process your personal data?
    Purpose of processing Legal basis for processing

    To ensure the proper functioning of the Service, including maintaining your session.

    Example of action:

    We ensure the proper functioning of the Service and maintaining your session until you close your web browser.

    The legal basis for the processing of your personal data for this purpose is the need to perform the contract for the provision of electronic services, i.e. Article 6(1)(b) of the GDPR in conjunction with Article 173(3) of the TL.

    To manage your consents for the use of cookies.

    Example of action:

    We verify for what purpose you have consented to cookies and on this basis we adjust which cookies can be stored on your device.

    The legal basis for the processing of your personal data for this purpose is our legitimate interest, i.e. Article 6(1)(f) of the GDPR in conjunction with Article 173(3) of the TL.

    Our legitimate interest is:

    To protect our rights.

    To ensure the security of the Service and prevent abuse.

    Example of action:

    We use cookies to protect the Service from hacking attacks.

    The legal basis for the processing of your personal data for this purpose is our legitimate interest, i.e. Article 6(1)(f) of the GDPR in conjunction with Article 173(3) of the TL.

    Our legitimate interest is:

    To protect our Service and its users from cyber threats.

    To remember user settings that change the appearance or operation of the Service.

    Example of action:

    Based on this, the Service will remember not to display again the message you have closed on the page. These cookies also allow the browser to remember what language you have selected on the page.

    The legal basis for the processing of your personal data for this purpose is your consent, i.e. Article 6(1)(a) of the GDPR in conjunction with Articles 173(1) and 173(2) of the TL. 

    To carry out remarketing actions, that is displaying our ads to you on other websites you visit.

    Example of action:

    We may display ads to you on other websites, including social media, that are tailored to your activities in the Service.

    The legal basis for the processing of your personal data for this purpose is your consent, i.e. Article 6(1)(a) of the GDPR in conjunction with Articles 173(1) and 173(2) of the TL.

    The full list of co-controllers participating in this processing:

    1. Microsoft Corporation (One Microsoft Way, Redmond, WA 98052-6399, USA);
    2. Google Ireland Ltd. (Gordon House, Barrow Street, Dublin 4, Ireland

    To analyse the Service users’ behaviour.

    Example of action:

    Based on this, for example, we may change the layout of the buttons to a more convenient one.

    The legal basis for the processing of your personal data for this purpose is your consent, i.e. Article 6(1)(a) of the GDPR in conjunction with Articles 173(1) and 173(2) of the TL.

  • Right to withdraw consent.

    Remember that you can withdraw your consent to cookies (other than essential) at any time. To do so click here.

    Withdrawal of the consent does not affect the lawfulness of the processing prior to the withdrawal.

  • How long will we process your data?

    Until you withdraw your consent to the processing for the relevant purpose. Withdrawal of the consent does not affect the lawfulness of the processing prior to the withdrawal.

    In case of the so-called essential cookies, your data will be processed for the time needed to carry out the activities described above, i.e. to ensure the proper operation of the Service, to manage the consents you have given for cookies, and to ensure the security of the Service and prevent abuse.

    If you wish to obtain information about the validity periods of individual cookies click here.

  • What are your rights?

    They are described in §3 and §4 of the Policy.

  • Do you have to provide your data to us?

    Provision of personal data processed through the so-called essential cookies is necessary.

    Provision of personal data processed through cookies other than necessary is voluntary, and failure to do so has no negative consequences; in such a case you will not see ads tailored to your activities in the Service.

    Remember that you can withdraw your consent to cookies (other than essential) at any time. To manage your consents, click here. Withdrawal of the consent does not affect the lawfulness of the processing prior to the withdrawal.

  • Who will we share your data with?

    1. Social media providers,
    2. Advertising network operators,
    3. Marketing tool providers,
    4. Providers of content planning and distribution tools,
    5. Providers of analytical and statistical tools,
    6. Marketing agencies.
  • Will your personal data be transferred outside the European Economic Area?

    There may be situations in which your personal data will be transferred outside the European Economic Area, in particular to the United States, on the basis of standard contractual clauses or on the basis of the European Commission’s decision of 10/07/2023 issued on the basis of the Regulation of the European Parliament and of the Council (EU) stating the adequate level of personal data protection provided under the EU-US data protection framework. You can obtain a copy of the personal data transferred outside the European Economic Area at any time. Contact us. You can find our contact data in § 1.3 and § 1.4 of the Policy.

  • Will automated decisions be made based on your data, including profiling?

    No.

§ 14

Types of cookies

  1. Several types of cookies are used in the Service:

    • session cookies that remain in your browser's memory until you close it,
    • persistent cookies that remain in your browser's memory until you delete them,
    • own cookies that come directly from the Controller,
    • external cookies that come from providers of analytical tools in our Service.
  2. The full list of cookies along with their validity periods can be found at: https://nmrk.pl/en/cookie-declaration

§ 15

How to delete cookies

  1. You can delete cookies after we have stored them. For this purpose you can use: relevant features of your web browser, software or tools available in your operating system.
  2. Here are the links to information on how to delete cookies in the most popular web browsers:

§ 16

How to block cookies

  1. You can configure your web browser to prevent cookies from being stored on your computer, phone or tablet. You can also use relevant browser extensions or software, or the consent management tool we provide in the Service.
  2. Here are the links to information on how to block cookies in the most popular web browsers:

§ 17

The effect of changing your browser settings on your experience with the Service

Changing the configuration of your web browser to one that prevents or restricts the storage of cookies may result in limiting the functionality of the Service. Deleting cookies in the course of providing the service may have similar consequences. This means that some of our services will not be available without cookies.

§ 18

External cookies

  1. Cookies placed on your computer, phone or tablet may come from other service providers. You can remove them yourself. Information on how to do it is included in § 16 of this Policy. These files are stored on your device for different lengths of time, depending on the file in question.
  2. We use the services of:
    • Cookiebot, provided by Usercentrics A/S Havnegade 39, 1058 Copenhagen, Denmark, to collect, store and manage user consents with respect to cookies.
    • YouTube, provided by Google Ireland Limited Gordon House, Barrow Street, Dublin 4, Irlandia; to implement the chat functionality in the Service.
    • Google Analytics, provided by Google Ireland Limited Gordon House, Barrow Street, Dublin 4, Ireland; to analyse the traffic in the Service. Based on this, we obtain statistics showing how you and other users use the Service.
    • Google Ads, provided by Google Ireland Ltd. | Gordon House, Barrow Street, Dublin 4, Ireland; to optimise the display of ads, remarketing and to promote the Service./li>
    • Google Tag Manager provided by Google Ireland Limited Gordon House, Barrow Street, Dublin 4, Ireland; to record statistical data on user behaviour on the website and use it for internal analysis.
    • publuu.com provided by PUBLUU to convert PDF files into interactive digital publications.
    • LinkedIn Corporation, 1000 West Maude Avenue, Sunnyvale, CA 94085; for analytical and statistical purposes related to data collected as part of the services provided by LinkedIn, in particular the data posted on our LinkedIn profile. Thanks to the above mentioned information, we will obtain statistics on the Service users, including information on the industry they represent.
  3. The operation of Google Analytics, which we mention in section 2a above, can be blocked. To do so, install this browser add-on provided by Google and available here: https://tools.google.com/dlpage/gaoptout?hl=pl