Privacy Policy

We are very pleased that you trusted us and provided us with your personal data. We would like to assure you that we will take all reasonable measures to protect your personal data. Below you will find information on the processing of your personal data by us (hereinafter collectively referred to as the “Privacy Policy”) in a situation when:

• you visit our website: softwaremind.com,
• you sign up to the newsletter,
• you conclude Resource Material Agreement with us, you apply for a particular job offer,
• we contact you or you contact us because you are our supplier/customer or member of staff/representative of our supplier/customer;
• you contact us, including by contact forms available at: softwaremind.com, personally, by traditional mail or using e-mail;
• we run pages/channels on social networking sites Facebook (Meta), Instagram (Meta), X and LinkedIn.

1.Data Controller

1.1. The data controller of your personal data processed in accordance with this Privacy Policy is Software Mind spółka z ograniczoną odpowiedzialnością (a Polish limited liability company) with its main office in Kraków, 43b Jana Pawła II Avenue, 31-864 Kraków, entered in the Register of Entrepreneurs of the National Court Register under the KRS number: 0000411748 (hereinafter: “SM”).

1.2. In matters regarding your personal data, you can contact us:

• by mail or personally – 43b Jana Pawła II Avenue, 31-864 Kraków, Poland
• by e-mail: personal.data@softwaremind.com

2. Purpose and legal basis of processing of personal data

2.1. We will process your personal data that we obtain in situations covered by this Privacy Policy for the following purposes:

• to respond to inquiries sent to us via contact forms or to messages sent to our contact details – based on our legitimate interest as a personal data controller (article 6 (1) point (f) GDPR),
• to analyse the use of the website as well as to improve its functioning and security – based on our legitimate interest as a personal data controller (article 6 (1) point (f) GDPR),
• to pursue and defend against claims before courts and administrative authorities and outside them – based on our legitimate interest as a personal data controller (article 6 (1) point (f) GDPR),
• for direct marketing of products or services – based on our legitimate interest if we have an existing business relationship with you (article 6 (1) point (f) GDPR), and if we are just going to establish such a relationship based on your consent (from the time the consent is given for no longer than until its withdrawal – on article 6 (1) point (a) GDPR),
• to organise online events, on the basis that the processing is necessary for the performance of the agreement under which you are participating in the online event (article 6 (1) point (b) GDPR),
• to make recordings of online events and publish this recordings online – if you are just an element of a larger whole, such as a gathering, landscape, or public event, based on our legitimate interest as a personal data controller (article 6 (1) point (f) GDPR), and in other cases on the basis of your consent (article 6 (1) point (a) GDPR),
• for the performance and settlement of the contract (art. 6 (1) point (b) and (f) GDPR – if you are our supplier/customer or member of staff/representative of our supplier/customer);
• for data archiving and backing up – in connection with the obligation imposed on us as a data controller to properly secure data and based on our legitimate interest as a personal data controller (article 6 (1) point (f) GDPR).

3. Data processed for contact and marketing purposes – scope of processing

In the event that you decide to contact us using the contact form available on our website, or using our email addresses, phone numbers, or traditionally by mail, or in person, as well as in situations where we have the right to contact you (e.g. for marketing purposes when you give your consent or we have established a business relationship with you), we will process personal data that you provide to us or are necessary to respond to your inquiry (including identification and contact details, as well as the IP address when using the contact form on our website), or which we have in connection with the relationship that connects us or we have collected from publicly available sources. We process these data:

• due to the fact that they are necessary for purposes resulting from legitimate interests pursued by us, that is in particular:

1. in order to reply to a message sent to us and further contact with you,
2. for direct marketing of own products and services, if we have an established business relationship,
3. for archiving and backing up data in connection with the obligation imposed on us as a data controller to properly protect data),

• based on your consent – if this data is used for marketing purposes and we do not have an existing business relationship, or when it is collected to provide it to third parties.

4. Data processed in connection with the use of our website – scope of processing

If you use the website softwaremind.com, we save data such as: IP address, type and version of the device and browser you use, region, website settings, choices made in the area of cookies, and how you use the website. In most cases, we will not be able to identify you as a user and this data will be anonymous to us. However, in a situation where we are able to connect them with you, which may occur when we have additional data from another source (e.g. we will save such data when you contact us using the contact form on our website softwaremind.com), they become your personal data for us. We process this data:

• due to the fact that they are necessary for purposes resulting from legitimate interests pursued by us, that is in particular:
  1. adjusting the way the website is displayed and personalizing it,
  2. saving data from forms to preserve the session and facilitate the use of the website,
  3. analysing the use of the website to improve its functioning and protect against abuse,
• based on your consent – if this data is used for marketing purposes and we do not have an existing business relationship, or when it is collected to provide it to third parties.

We are also using services of third parties. In particular we use HubSpot for inbound marketing, improvement of sales and customer service (including through a CRM system). Generally HubSpot acts as our data processor, but in some limited cases it can process your data as a separate data controller. This may pertain to data about your use of our Website that has been anonymized or aggregated first and shall not allow to directly identify you. It may happen when you start using our Website and give consent to the cookies that are placed by Hubspot on our Website (based on your consent) or when you engage in further interaction with Us e.g. by contacting Us or becoming Our client (based on our legitimate interest or legitimate interest of HubSpot). The purpose of processing data by HubSpot (apart from the provision of services to Us) is to support certain features and functionalities of Hubspot products and services (which is the legitimate interest of HubSpot). Further and more detailed information on how HubSpot uses your data and on your rights can be obtained by accessing HubSpot’s privacy policy (https://legal.hubspot.com/privacy-policy) or by contacting HubSpot directly (by its contact form available here: https://preferences.hubspot.com/privacy or by mail to: HubSpot, Inc., 25 First Street, 2nd Floor, Cambridge, MA 02141, Attention: Privacy and Data Protection Officer).

5. Data processed for organization of online events

5.1. In the event that you registered for online event, including webinar organized by us, we will process the following personal data: your first name, last name, name of company which employs you/cooperates with you, email address, your account name on the platform we use for the transmission of events, the data you voluntarily provide during the event such as other data, your image and voice (e.g. if you participate in a discussion with the tutor or other participants and you decide to provide your image/voice).
Your personal data will be processed:

• to respond to your inquiries concerning a possibility of participation in webinars,
• to send you an invitation for an event together with a link to the registration form,
• to create an account at a platform we use for the organization of the event,
• to send you a link to the event in order to enable you to participate in the event including giving you an opportunity to take part in a discussion which may take place during the event,
• to make recordings of the events and to publish these recordings online on a paid or unpaid basis.

5.2. If you register for an online event organized by us, we will make your data available to Livestorm SAS and Cisco Systems, Inc. – the suppliers of the online platforms Livestorm and Webex for the organization of online events in order to create an account for you and enable you to participate in the online event organized by us. In this case, Livestorm and Cisco Systems may become separate controllers of some of your data, such as login credentials, IP address, data of the network you use or settings of the device you use to connect these platforms. The details of how Livestorm and Cisco Systems process the user data can be found at https://livestorm.co/privacy-policy and https://www.cisco.com/c/en/us/about/legal/privacy-full.html.

6. Data processed for recruitment process – scope of data, purposes and legal basis of processing

We process only personal data that will be provided to us by you or will be made available to us or collected by us in order to conduct the recruitment process and:

• the data are necessary for compliance with a legal obligation to which we are subject, including under the labour code, and the need to carry out the recruitment process, in particular: name, surname, e-mail address, date of birth, education, professional qualifications, previous employment history or
• are necessary for the conclusion and subsequent performance of the contract with you, i.e. in particular the data to be entered in the contract concluded in case of successful recruitment process or
• are necessary for the purposes of legitimate interests pursued by us, such as:
  1. choosing the right candidate who guarantees proper performance of the duties entrusted, i.e. data collected by us in the course of recruitment activities, e.g. in notes made during conversations with you, other than those referred to in points a) and b) above, but which are necessary for the fulfilment of the stated purpose,
  2. bringing and defending against claims, before courts and administrative authorities and other entities (in respect of all collected data),
  3. to verify whether you have taken part in the recruitment and from which source your personal data has been collected for the purpose of exercising our rights and obligations under agreements with third parties – with regard to your name, surname, email address and the manner in which the data was collected,
  4. archiving and backing up your data, in connection with the obligation imposed on us as a Data Controller to properly secure data (in respect of all collected data),
• and insofar as this is not the case under points a) – c) above, if you have given us your consent to the processing, including by means of a declaration or a clear affirmative action, such as forwarding us your CV or a covering letter containing such data or other documents, e.g. references provided in a message or during an interview.

7. Data processed in connection with cooperation with our Suppliers and Customer

7.1. In the event that we establish a cooperation with our Suppliers and Customers, we will process personal data of their designated representatives and members of staff who conclude contracts on behalf of our Customers and Suppliers, are involved in the execution of such contracts and whom we contact in the course of such cooperation.
7.2. Thus, if you are a representative or a member of staff of our Supplier or Customer (e.g. contact person), we will process your personal data that was provided by your employer or principal: your first name, last name, the company you work for, your position and contact details.
7.3. We process this data:

• for the performance and settlement of the contract concluded with your employer or principal – based on our legitimate interest in ensuring the proper performance of contractual obligations,
• for establishing and maintaining good business relations with your employer or principal – based on our legitimate interest in maintaining business relations with our Suppliers and Customers,
• for conducting direct marketing of our products or services – based on our legitimate interest in marketing and promotion of our products and services,
• for archiving to the extent necessary to comply with legal obligations, in particular tax regulations, accounting regulations – based on our legitimate interest in storing evidence related to conclusion or performance of the contract with our Customer or Supplier,
• for possible establishment and investigation of claims or defence against claims – based on our legitimate interest in protection and assertation of our rights.

8. Data processed in order to conclude and execute Resource Material Agreement

8.1. The categories of personal data: We will process personal data that you provide to Us in order to conclude and execute Resource Material Agreement (agreement to provide digital contact such as e-books or digital services such as participation in webinars, training sessions and other events in exchange for your personal data which will be processed for marketing and promotional purposes, such as contact in order to present you Our products and services and sending you Our newsletter). The scope of data includes name, surname and e-mail address, name of company and your position.
8.2. We will process your personal data that we obtain for the following purpose:

• to deliver you digital content or services: for organization of webinars, trainings and other events, which you signed up or deliver you other digital content or services, such as e-books;
• for archiving to the extent necessary to comply with legal obligations;
• for marketing of Our products or services, including sending you Our Newsletter.

8.3. We will process your personal data based on a necessity of the data processing for the conclusion and performance of the Resource Material Agreement and Our legitimate interest as a controller.

9. Data of Newsletter’s subscribers

9.1. The categories of personal data: We will process personal data that you provide to Us in order to receive Our Newsletter (in particular information about Our products and services).
9.2. The scope of data includes name, surname and e-mail address.
9.3. We will process your personal data that we obtain for the following purpose:

• to send you Our Newsletter;
• for archiving to the extent necessary to comply with legal obligations.

9.4. We will process your personal data based on a necessity of the data processing for the conclusion and performance of the agreement and Our legitimate interest as a controller.

10. How long we process personal data

Your personal data will be processed:

• to contact you – from the day they were collected and as long as we can reasonably be expected to continue the conversation,
• for marketing purposes – (i) in case of marketing based on our legitimate interest – for the duration of our legitimate interest, i.e., the duration of the relationship that connects us or until you object, however no longer than you effectively objected it; (ii) in cases that marketing is based on your consent – until consent is withdrawn;
• for the purpose of the organization of an online event – for the time necessary to execute and settle the contract on the basis of which you participate in the online event, but for a period not exceeding the limitation period for claims,
• for the purposes of pursuing and defending against claims – for a period not exceeding the limitation period for claims,
• for the purposes of performing obligations imposed by law – for a period not longer than necessary to demonstrate that these obligations were carried out by SM,
• for the purpose of improving the functioning and security of the website softwaremind.com – for the time for which these data are necessary to achieve this purpose, but no longer than until you express an effective objection to their processing,
• for archiving and backup purposes – for the period determined in accordance with the backup and archiving policy at SM,
• for the purpose of performance and settlement of contracts concluded with Suppliers and Customers – for the period of performance and settlement of the contract, including the period for claims and keeping records for performance obligations imposed by law,
• for the purpose of establishing and maintaining business relations with Suppliers and Customers – for the duration of such relationship;
• for the purposes of recruitment for a specific advertisement – by the end of the next mid-year (term) from the date of completion of the recruitment process for the position in question and to inform you of the outcome if your application is rejected (while not consenting to the processing of your personal data for future recruitments);
• for the purposes related to participation in future recruitments (in the case of your consent to further processing of your data for the purposes of future recruitment processes) – from the date of your consent for a further period of 24 months calculated from the end of the year in which you gave your consent or until you withdraw your consent;
• for sending you Newsletter – until the agreement is in force, however no longer than 24 months from the end of the year the agreement was concluded (in particular your data will not be processed for this purpose when you unsubscribed Newsletter or objected the processing);
• for the performance and settlement of the Resource Material Agreement concluded with you – until the agreement is in force, however no longer than 24 months from the end of the year the agreement was concluded (in particular your data will not be processed for this purpose when you unsubscribed Newsletter or objected the processing).

11. Data recipients

We will use due diligence in the selection of entities to which we will transfer your data and in the case of such selected entities we will require that they protect your data by appropriate technical and organizational measures. Your personal data may only be disclosed:

• to third parties providing services to us that are needed to achieve the purposes in relation to which we process your data (e.g. IT services, recruitment, electronic communication, hosting, supplying a platform for the organization of online events, providing marketing, improvement of sales and customer and legal services),
• to entities from the SM capital group (entities associated with SM), in particular when they provide each other services, or as part of the internal administrative purposes of the SM group (e.g. when this results from the organization of tasks within the group),
• to recipients to whom the disclosure is required by applicable law or order of a court or other authority,
• to other recipients, if you give us your consent to disclose data to them or if the transfer of data to them is necessary to protect your vital interests or vital interests of other individuals or for the common good.

12. Transfer of data to third countries

Your personal data may be transferred to entities outside the European Economic Area (EEA), including the USA, with whom we cooperate. Whenever your personal data is transferred outside the European Economic Area (EEA) or to countries that do not provide the same or an adequate level of protection for personal data, we will ensure that this is done on the basis of a valid legal basis and using the safeguards required by law.

13. Links to third party-websites

The website also includes links to third-party websites. When you visit these pages different rules apply than those described here in the field of personal data processing, as well as someone else is the data controller of data processed there. We recommend that you read the rules applicable to the processing of personal data published by the administrators of these websites.

14. Social media

14.1. In connection with our pages/channels/fanpages on social networking sites Facebook (Meta), LinkedIn and YouTube (hereinafter jointly referred to as: “Profiles”), the controller of personal data is SM.
14.2. We process personal data of people who on our profiles in social media:

• subscribed to the Profile by clicking the “Like”, “Follow”, “Share” or “Subscribe” icons, etc.;
• performed an action/reaction on the Profile on social networking sites, e.g. by clicking “like”, “comment”, “share”, “save the post”, “retweet”, etc.;
• sent us a private message via the “send message” function.

14.3. We obtain personal data from the administrators of Facebook Ireland Limited and LinkedIn Ireland Unlimited Company, from your public profile and entries on the websites of the above social networking sites.
14.4. As the founder of the following social networking sites provided by the indicated entities, the controller (joint-controller) of your personal data is also:

• Meta Platforms Ireland Limited Meta, with its registered office at Merrion Road, Dublin 4, D04 X2K5, Ireland.
• LinkedIn Ireland Unlimited Company (Wilton Plaza, Wilton Place, Dublin 2, Ireland);
• X – Twitter International Unlimited Company, One Cumberland Place, Fenian Street Dublin 2, D02 AX07 Ireland

and each of them independently decides on the purposes and means of data processing. Each social media channel has its own policy on how we process and protect your personal information. We are only responsible for the personal data we process. If you have any doubts or questions regarding the use of personal data by the above-mentioned entities, before using the channels provided by them, carefully read their privacy policy.

14.5. The scope of data that may be processed by us and social media providers is as follows:

• Facebook and Instagram
  We only have access to aggregate website statistics (number of fanpage/profile followers, age and gender of users along with percentage division among followers, names of cities and countries from which users follow with percentage division, reach of fanpage/profile and individual posts, number of likes and reactions, the number of comments and shares, the number of clicks on the link and aggregate and anonymized reports on campaigns conducted using the self-service advertising system).Details on the principles of joint data processing in the field of website statistics with Facebook Ireland Limited are available at: https://pl-pl.facebook.com/legal/terms/page_controller_addendum or https://privacycenter.instagram.com/policy/?subpage=2.subpage.10-ProvidingMeasurementAnalyticsAndThe rules for the processing of personal data set out by the provider of Facebook, Instagram, Messenger and other products and functions offered by Facebook Ireland Limited will be included in the Facebook Privacy Policy available at: https://www.facebook.com/privacy/explanation or https://privacycenter.instagram.com/policy/. If you enter Our Profile from outside the EU/EEA, the administrator of your data may be Meta Platforms Inc, 1601 Willow Road, Menlo Park, California
• Linkedin
  We only have access to numerical data for a given period (the number of profiles that visited the profile, the number of profile mentions, the number of new followers and new contacts, the number and type of reactions to the publication, the number and content of comments, the number of shares of the publication, the content of messages sent via website, data contained in the profile – including image, name and surname, education, professional career, in the case of profiles run by entrepreneurs: average period of employment with a given entrepreneur, related persons working for a given entrepreneur, education of some employees).The rules for the processing of personal data specified by the LinkedIn service provider can be found at: https://www.linkedin.com/legal/privacy-policy.If you access our profile as a non-EU/EEA user, our joint controller is LinkedIn Corporation (1000 W. Maude Avenue, Sunnyvale, CA 94085, USA).
• X (ex Twitter)
  We only have access to personal data you share with your public profile.The rules for the processing of personal data specified by the LinkedIn service provider can be found at: https://twitter.com/pl/privacy.If you access our profile as a non-EU/EEA user, our joint controller is X Corp. (1355 Market Street, Suite 900, San Francisco, CA 94103 U.S.A.)

14.6. Your personal data will be processed in order to

• keeping Our Profiles on Facebook, Instagram and LinkedIn social networking sites, in order to use them to inform about our activities, promote events, inform about our offer (provided products and services), employer branding, conduct marketing and promotional activities and for communication purposes through the available functionalities of these websites;
• conducting statistical analyzes carried out through the tools provided by the applications of individual social networking sites, regarding the popularity and use of social media portals belonging to us.

14.7. Personal data will be processed for the above-mentioned purposes, pursuant to article 6(1) letter f) GDPR, i.e. based on the necessity to achieve the objectives resulting from the legitimate interests pursued by the administrator. If you decide to provide us with additional personal data by using the functionality offered by the provider of a given social networking site (such as Sales Navigator as part of LinkedIn), your personal data will be processed on the basis of your consent based on article 6 (1) letter a) GDPR.

15. Data subject rights

For each of the following rights, you can contact us in particular using the contact details provided in section 1 of the Privacy Policy.

• The right to obtain information, access to data and to receive a copy of the data. You have the right at any time to request information about your personal data that we store or to which we have access. At your request, a copy of your personal data that is subject to processing will be presented to you free of charge. For sending each subsequent copy of data we have the right to request a fee that will cover the reasonable costs of handling such a request.
• Right to withdraw consent. Each time your data is processed based on your consent given, you have the right to withdraw this consent at any time, whereas withdrawal of consent will not affect the lawfulness of data processing that happened before you withdraw your consent.
• The right to rectify personal data. We take reasonable steps to ensure that your personal data is correct, complete and up to date. If it is necessary to change these data, please let us know.
• Right to data portability. You have the right to request the transfer of your personal data in a structured, commonly used machine-readable format, as well as to request the transfer of data to another data controller, when your consent is the legal basis for the processing of your personal data.
• The right to delete data and to limit processing. In the cases indicated in the provisions of law on the protection of personal data, you have the right to request the deletion of your personal data. However, this right is not absolute – there may be occasions when we are still entitled to process your personal data. You can also request a restriction on the further processing of your data.
• Right to object to processing. In the cases indicated in the provisions of law, you have the right to object to the further processing of your data when the legal basis for the processing of personal data is our legitimate interest.
• The right to lodge a complaint with a supervisory authority. You have the right to lodge a complaint with the supervisory body dealing with the protection of personal data – in principle, it will be the President of the Office for Personal Data Protection (Prezes Urzędu Ochrony Danych Osobowych).

16. Cookies Policy

16.1. The website softwaremind.com uses cookies (small text files that are operated by the Website and saved on your device) and other similar technologies (including website logs and tools from Google Inc.: Google reCAPTCHA v3, Google Analytics, Google Ads and Google Tag Manager, as well as tools from HubSpot Inc. and ZoomInfo). The entity using these tools is the website administrator, i.e. Software Mind Spółka z ograniczoną odpowiedzialnością with its registered office in Krakow, address: 43b Jana Pawła II Avenue, 31-864 Kraków, entered into the Register of Entrepreneurs kept by the District Court for Kraków-Śródmieście in Kraków, 11th Commercial Division of the National Court Register under KRS number 0000411748.

Our website uses the tools indicated above for various purposes, including:

• to adapt the way the page is displayed to the devices, software and users’ preferences as well as the settings selected by them,
• to monitor how users use the website and to improve its functioning,
• to personalize the content offered (e.g. for marketing purposes),
• to target better tailored content displayed to users via other websites.

16.2. We use the following types of cookies:

• analytical cookies that investigate user behavior on our website;
• functional cookies enabling to remember the settings selected by the user and personalization, i.a. in terms of the selected language or the cookies options you select;
• third-party cookies – the devices used may also store cookies from other entities, marketing cookies used to tailor the displayed ads to your preferences. Our partner – Google uses cookies for advertising and remarketing purposes, e.g. to show users specific content, including ads tailored to their preferences. Our partner – HubSpot uses cookies for inbound marketing and to help us improve sales and customer service.

16.3. Cookies and other tools we use are not used to process or store personal data and are not intended to directly identify you. They also do not change the user’s browser settings or change the configuration of the user’s device. Exceptional situations, when data collected using cookies may be considered as your personal data, as well as your related rights, are described in detail in the relevant part of the Privacy Policy.
16.4. Ways to disable cookies

• When accessing our website for the first time (or after you have deleted the cookies previously saved on your device) you have the option of giving your consent to the use of cookies for marketing purposes and cookies from third parties. However, even if you have already agreed, you can still use the options described below. Any user can disable cookies in their web browser. In order to facilitate the way of managing cookies, below are links to some pages dedicated to specific browsers.
  • Google Chrome – https://support.google.com/chrome/answer/95647?Every=GENIE.Platform%3DDesktop&hl=en
  • Opera – https://help.opera.com/en/latest/web-preferences/#cookies
  • Firefox – https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences
  • Apple Safari – https://support.apple.com/en-us/guide/safari/manage-cookies-and-website-data-sfri11471/mac
  • Windows Internet Explorer – https://support.microsoft.com/fil-ph/help/17442/windows-internet-explorer-delete-manage-cookies
• Users can also set their browsers in a way so that they have to accept cookies each time. Then, the browser will ask the user for permission to grant access each time before granting access to the cookie. This gives the user control over what is stored on his device, however, it has the disadvantage that it slows down the ability to navigate our website and other websites.
• Any user can opt out of receiving ads targeted to him in the following ways:
  • by using the NAI tool (www.networkadvertising.org/chioces), which will allow you to opt out of watching targeted advertising from us and from other approved NAI member companies,
  • via the Digital Advertising Alliance – DDA website (www.aboutads.info/chioces). We follow the Self-Regulatory Principles for Online Behavioral Advertising developed by this organization,
  • via the website of the European Interactive Advertising Digital Alliance (www.youronlinechioces.com). We follow the guidelines for online advertising developed by this organization.
• When using the opt-out option using the tools described above, please remember that:
  • we may still collect certain data about your online activity for purposes other than marketing,
  • opt-out options of other advertising companies may function differently than our opt-out options,
  • each time you can opt out of tracking your activity for advertising purposes by using the “Do Not Track” option. In such cases we respond to “DNT” signals sent from the user’s browser. If the ‘DNT’ signal is received on the page of one of our advertisers during a user’s visit, we will not combine the collected data with the user’s browser ID during this visit, so new data collected about the user cannot be used by us for the purpose of targeted advertising, but previously collected user data can still be used,
  • at any time it is possible to modify the browser settings in terms of cookies. Restricting the use of cookie files may lead to restrictions on some of the functions available on our website.
• You have the option of disabling the transfer of your data for analytical and statistical purposes using Google Analytics. To do this, you can install the browser extension in accordance with the instructions at this address: https://support.google.com/analytics/answer/181881?hl=en.