TERMS AND CONDITIONS

KESTRELPROJECT
TERMS AND CONDITIONS

Welcome to the websites owned and operated by KESTREL PROJECT Sp. z o.o. (“KESTRELPROJECT”, “we”, “our”, “us”). Our Terms and Conditions, including our Privacy Policy and Website Terms of Use, apply to all KESTRELPROJECT's websites: kestrelproject.com, smartkestrel.com and coolkestrel.com (hereinafter “Sites”). By visiting and using our Sites, you agree to the terms and conditions described in the Privacy Policy and Terms of Use, which govern your use of our Sites. Please note that our Privacy Policy and Terms of Use do not apply to other websites of other companies, organisations to which we may link, third party websites that link to us, or to our off-line activities. KESTRELPROJECT provides its content and services to you based on the following conditions. If you visit our Sites, you accept these conditions. Please read them carefully. If you do not agree with any terms or practices described in our Privacy Policy and Terms of Use, then please do not use our Sites. We reserve the right to make changes to our Sites, Privacy Policy, and Terms of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

PRIVACY POLICY
(How we collect, process, secure
and manage your personally identifiable information)

  1. Collection of information

    1. In General, you are not required to provide information about yourself when you visit KESTRELPROJECT's Sites. You can browse our Sites and view their content anonymously, except for in certain circumstances, such as in the collection of traffic data by Google Analytics. The type and amount of information KESTRELPROJECT collects about you varies according to how you use our Sites. However, we may ask you for (or collect from you) some or all of the following types of information when you access various content or features, submit information to us, or directly contact us with questions or feedback: [1] Contact information, such as name, e-mail address, phone number and postal address, [2] Search queries, [3] Correspondence and other information that you send to us and [4] Additional information as otherwise described to you at the point of collection or pursuant to your consent. KESTRELPROJECT only gathers and processes your personally identifiable information when you voluntarily submit such information to KESTRELPROJECT, except in situations where the transmission of such information is reasonably necessary to preserve the integrity or security of our Sites or to prevent injury to KESTRELPROJECT and when disclosure is required by law.
    2. KESTRELPROJECT is the sole owner of the information collected on the Sites: kestrelproject.com, smartkestrel.com, coolkestrel.com. For the visitors to our Sites we may collect certain information automatically when you visit our Sites, including: [1] the server your computer is logged onto, [2] websites you visited before and after visiting our Sites, [3] information about your interactions with e-mail messages, such as the links clicked on and whether the messages were received, opened, or forwarded, [4] information collected through “cookies”, “web beacons”, Local Shared Objects, and other technologies; [5] the domain name of your internet service provider, [6] your browser type and operating system and version and your Internet Protocol (IP) address (the number that is automatically assigned to your computer whenever you access the Internet and that can sometimes be used to derive your general geographic area). KESTRELPROJECT uses IP addresses to analyse trends, administer the website, track visitors’ movements, and gather broad demographic and general geographic area information for aggregate use. IP addresses are not linked to personally identifiable information.
    3. KESTRELPROJECT uses “cookies”, sometimes in combination with “web beacons” or similar technology, to collect information about how our Sites are used, such as average time spent on our Sites, pages viewed, information searched for, access times, response rates to online or e-mail advertising and other relevant information about the online visitor experience. For the anonymous visitor, the information in this paragraph does not personally identify the visitor but rather numerically identifies the computer’s browser. In addition, KESTRELPROJECT places a cookie on your computer that identifies your visit to our Sites and shares this cookie’s information with a third party marketing provider, which will use it to deliver marketing information about us to you. By using our Sites, you consent to our use of cookies and similar technologies. If you do not want to receive cookies on your computer, you can select the appropriate settings in your browser’s options; however, doing so may limit some of the interactivity our Sites offer you.
    4. KESTRELPROJECT does not knowingly collect personally identifiable information from children under the age of 13. If we nonetheless discover that it has received personally identifiable information from an individual who is (or who KESTRELPROJECT has reason to believe is) under the age of 13, we will delete such information from our servers and systems.
    5. KESTRELPROJECT's Sites may contain links to other websites and we are not responsible for the privacy practices of other such websites. We encourage our visitors to be aware when they leave our Sites and to read the privacy policy of every website that collects personally identifiable information. This Privacy Policy applies solely to information collected by KESTRELPROJECT’s Sites.
  2. Processing of information

    1. KESTRELPROJECT uses collected information only in compliance with this Privacy Policy. Visitors who contact KESTRELPROJECT, e.g. via email or our contact form, are obligated through our agreements with them to comply with this Privacy Policy.
    2. In principle, KESTRELPROJECT does not sell the personally identifiable information of visitors to any third parties.
    3. In addition to the uses identified elsewhere in this Privacy Policy, KESTRELPROJECT may use your personally identifiable information for a variety of purposes, including, but not limited to: (a) improve your browsing experience by personalising KESTRELPROJECT's Sites; (b) send information to you which we think may be of interest to you by email, or other means; (c) send you via email and otherwise marketing communications relating to our business or the businesses of carefully-selected third parties which we think may be of interest to you; (d) provide you via email and otherwise with the information you request; (e) respond via email and otherwise to correspondence that we receive from you.
    4. We use navigational information to operate and improve our Sites. We may also use navigational information alone or in combination with personally identifiable information to provide you with personalised information about KESTRELPROJECT’s products and services.
    5. We work with certain third-party social media providers to offer social networking services through the content of our Sites. For example, you can use third-party social networking services, including but not limited to Twitter, YouTube, LinkedIn and others to share information about your experience on our Sites with your friends and followers on those social networking services. These social networking services may be able to collect information about you, including your activity on our Sites. These third-party social networking services also may notify your friends, both on content of our Sites and on the social networking services themselves, that you are a visitor of our Sites or about your use of our Sites, in accordance with applicable law and their own privacy policies. If you choose to access or make use of third-party social networking services, we may receive information about you that you have made available to those social networking services, including information about your contacts on those social networking services.
    6. We offer a publicly accessible blog. Please keep in mind that if you directly disclose any information through our blog, this information may be collected and used by others. We will correct or delete any information you have posted on our Sites if you so request, as described in item 4. “Management of information” below.
    7. KESTRELPROJECT retains personally identifiable information that you provide as long as we consider it potentially useful in providing information about our products and services, before securely deleting the information. We will delete this information from the servers at an earlier date if you so request, as described in item 4. “Management of information” below.
    8. KESTRELPROJECT's Sites may provide links to other websites. We do not control, and are not responsible for, the content or practices of these other websites. Our provision of such links does not constitute our endorsement of these other websites, their content, their owners, or their practices. This Privacy Policy does not apply to these other websites, which are subject to any privacy policies and other terms and conditions they may have.
    9. To facilitate our global operations, KESTRELPROJECT may transfer and access personally identifiable information from around the world. This Privacy Policy shall apply even if we transfer personally identifiable information to other countries. While some of these countries may not offer the same level of privacy protection as your own, we will uphold the privacy protections as explained in this Privacy Policy.
    10. In the event that KESTRELPROJECT is acquired by or merged with another company, or in connection with the potential sale or transfer of some or all of the assets of our Sites, KESTRELPROJECT reserves the right to sell, license or transfer to a third party entity your information.
    11. We reserve the right to use or disclose your personally identifiable information if required by law or if we reasonably believe that use or disclosure is necessary to protect our rights or to comply with a law, court order, or legal process.
  3. Security of information

    1. All online contributions on our Sites occur through a safe, private, and secure system that protects the visitor’s personally identifiable information. If you request information regarding KESTRELPROJECT’s products and services, and in so doing, voluntarily provide information about yourself by mail or email, we will maintain and use such information for these purposes only.
    2. We use a variety of security technologies and procedures to help protect your personally identifiable information from unauthorised access, use or disclosure. We secure the personally identifiable information you provide on computer servers in a controlled, secure environment, protected from unauthorised access, use or disclosure. KESTRELPROJECT protects the information through the use of encryption, such as the Secure Socket Layer (SSL) protocol.
  4. Management of information

    1. If you provide KESTRELPROJECT with your personally identifiable information, you may request us to:
      • Provide you with information about the personal data that is being processed about you; the purposes of processing; the recipients or the categories of recipient of your personal data; and any available information concerning the source of such data; as well as edit your personally identifiable information that you have supplied to us;
      • Correct, erase or block personal data we hold about you if it turns out to be inaccurate or misleading;
      • Discontinue the processing of personal data relating to you.
      Such requests shall be considered if made in writing to the following e-mail address: hello@kestrelproject.com or by mail to KESTREL PROJECT Sp. z o.o. Twarda 18, 00-105 Warsaw, Poland. We will promptly change, correct, or delete your information and notify you of the action we have taken.
    2. You may unsubscribe from our marketing communications by contacting us via email at hello@kestrelproject.com or by mail to KESTREL PROJECT Sp. z o.o. Twarda 18, 00-105 Warsaw, Poland.
    3. If you have any questions regarding this Privacy Policy, please contact us via email: hello@kestrelproject.com or by mail to KESTREL PROJECT Sp. z o.o. Twarda 18, 00-105 Warsaw, Poland.

WEBSITE TERMS OF USE
(How you will use our Sites)

  1. Use of our Sites
    By accessing our Sites, you warrant and represent to KESTRELPROJECT that you are legally entitled to do so and to make use of information made available via our Sites.

  2. Copyrights
    The content of our Sites may not be copied other than for personal and non-commercial use with all copyright or other proprietary notices retained. Except as expressly provided, it is not allowed to copy, display, download, modify, reproduce or retransmit any information on KESTRELPROJECT’s Sites in any form or by any means without the prior written consent of KESTRELPROJECT.

  3. Trademarks
    The company names, trademarks, service marks, trade names, logos, slogans and product names displayed on our Sites are registered and unregistered trademarks of the KESTRELPROJECT and may not be used in any way without the prior written consent of KESTRELPROJECT.

  4. External links
    Links to third party pages are provided for convenience only. We do not express any opinion on the content of any third party pages and expressly disclaim any liability for all third party information and the use of it. Use or reliance on any external links and the content thereon provided is at your own risk.

  5. Warranty and Liability
    We go to great efforts to include accurate and up-to-date information, however we make no warranties, representations, statements or guarantees (whether express, implied in law or residual), as to the accuracy or completeness of the information provided on our Sites and disclaim any liability for the use of our Sites or any website linked to our Sites. We may change our Sites at any time without notice but do not assume any responsibility to update it. All visitors agree that all access and use of our Sites and on any website linked to/from our Sites and the content thereof is at their own risk. Neither KESTRELPROJECT nor any other party involved in creating, producing or delivering our Sites or on any website linked to/from our Sites shall be liable in any manner whatsoever for any direct, incidental, consequential, indirect or punitive damages arising out of your access, use or inability to use our Sites or any website linked to/from our Sites, or any errors or omissions in the content thereof.

  6. Applicable law
    This disclaimer and the content of the KESTRELPROJECT's Sites shall be governed by and interpreted in accordance with Polish law without regard to conflict of law rules. Any dispute arising out of or in relation to this disclaimer which cannot be solved amicably, shall be decided by the Polish Courts.

  7. Contact information
    If you have any questions regarding these Terms of Use, please contact us via email: hello@kestrelproject.com or by mail to KESTREL PROJECT Sp. z o.o. Twarda 18, 00-105 Warsaw, Poland.

// These Terms and Conditions including Privacy Policy and Terms of Use were last updated on 28 July 2018.