Privacy policy
The following Privacy Policy sets forth the rules for storing and accessing data on the Devices of Users accessing the Service for the purpose of providing electronic services by the Administrator, as well as the rules for collecting and processing the personal data of Users provided by them personally and voluntarily through the tools available on the Service. The following Privacy Policy is an integral part of the Terms of Service, which sets forth the rules, rights and obligations of Users using the Service.

Dear Customers,

We pay great attention to the security of your data and the protection of your privacy. The data you share with us is essential to our business operations. With this in mind, our priority is to ensure confidentiality and security. We comply with the provisions of 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 (hereinafter “RODO”).

§1 Definition

Service – the “koliber.energy” website operating at https://koliber.energy

External Service – the websites of partners, service providers, or service recipients cooperating with the Administrator

Administrator of the Service / Data – the Administrator of the Service and the Administrator of the Data (hereinafter referred to as the Administrator) is the company “Koliber Energy Trading Sp. z o.o.”, operating at: Al. Róż 6 lok. 13, 00-556 Warsaw, with assigned tax identification number (NIP): 5272942983, with assigned KRS number: 0000872050, providing services electronically through the Service.

User – a natural person for whom the Administrator provides electronic services through the Service.

Device – an electronic device with software, through which the User accesses the Website

Cookies – text data collected in the form of files placed on the User’s Device.

RODO – Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 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 (General Data Protection Regulation)

Personal data – means information about an identified or identifiable natural person (“data subject”); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of the natural person

Processing – means an operation or set of operations performed on personal data or sets of personal data in an automated or non-automated manner, such as collecting, recording, organizing, structuring, storing, adapting or modifying, retrieving, viewing, using, disclosing by transmission, dissemination or otherwise making available, matching or linking, limiting, erasing or destroying;

Restriction of processing – means the marking of stored personal data in order to limit its future processing

Profiling – means any form of automated processing of personal data that involves the use of personal data to evaluate certain personal factors of an individual, in particular, to analyze or forecast aspects of that individual’s performance, economic situation, health, personal preferences, interests, reliability, behavior, location or movement

Consent – consent of the data subject means a voluntary, specific, informed, and unequivocal demonstration of will by which the data subject, in the form of a statement or explicit affirmative action, consents to the processing of personal data concerning him/her

Personal data breach – means a breach of security leading to the accidental or unlawful destruction, loss, modification, unauthorized disclosure of, or unauthorized access to personal data transmitted, stored, or otherwise processed

Pseudonymization – means the processing of personal data in such a way that they can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is stored separately and is covered by technical and organizational measures that make it impossible to be attributed to an identified or identifiable natural person

Anonymization – Data anonymization is an irreversible process of data operations that destroy/overwrites “personal data” making it impossible to identify, or link, a particular record to a specific user or individual.

§2 Data Protection Officer

Pursuant to Article 37 RODO, the Administrator has not appointed a Data Protection Officer.

For matters concerning data processing, including personal data, please contact the Administrator directly.

§3 Types of Cookies

Internal Cookies – files placed and read from the User’s Device by the Service’s data communications system.

External Cookies – files placed and read from the User’s Device by the ICT systems of External Services. The scripts of External Services that can place Cookies on User Devices have been deliberately placed on the Service through scripts and services made available and installed on the Service.

Session Cookies – files placed and read from the User Device by the Service during a single session of a given Device. When the session ends, the files are deleted from the User Device.

Persistent cookies – files placed and read from the User Device by the Website until they are manually deleted. Files are not deleted automatically after the end of a session of the Device unless the configuration of the User Device is set to delete cookies after the end of a session of the Device.

§4 Data storage security

Mechanisms for storing and reading Cookies – The mechanisms for storing, reading, and exchanging data between Cookies stored on the User’s Device and the Website are implemented through the built-in mechanisms of Internet browsers and do not allow the downloading of other data from the User’s Device or data of other websites visited by the User, including personal data or confidential information. It is also virtually impossible to transfer viruses, Trojan horses, and other worms to the User Device.

Internal cookies – the cookies used by the Administrator are safe for the Users’ Devices and do not contain scripts, content or information that may threaten the security of personal data or the security of the Device used by the User.

External cookies – the Administrator makes all possible efforts to verify and select service partners in the context of Users’ security. The Administrator selects well-known, large partners with global public trust for cooperation. However, it does not have full control over the content of cookies from external partners. The Administrator is not responsible for the security of Cookie files, their content and their use in accordance with the license by the Scripts installed in the service, coming from external Services, as far as the law allows. The list of partners is provided later in the Privacy Policy.

Cookie control

The user can, at any time, independently change the settings for the storage, deletion, and access to data stored cookies by each website

Information on how to disable cookies in the most popular computer browsers is available at: how to disable cookies or from one of the designated providers:

Managing cookies in Chrome browser https://support.google.com/chrome/answer/95647?hl=pl

Managing cookies in Opera browser http://help.opera.com/Windows/12.10/pl/cookies.html

Managing cookies in Firefox browser https://support.mozilla.org/en-US/kb/clear-cookies-and-site-data-firefox#:~:text=Click%20the%20menu%20button%20and%20select%20Settings.%20Select,Site%20Data%20section.%20Click%20the%20Manage%20Data%E2%80%A6%20button.

Managing cookies in Edge browser https://www.bing.com/search?q=Managing+cookies+in+Edge+&qs=n&form=QBRE&sp=-1&pq=managing+cookies+in+edge+&sc=7-25&sk=&cvid=4DEBB10D7DAB45CEAB05C61209CE7276&ghsh=0&ghacc=0&ghpl=

Managing cookies in Safari browser https://support.apple.com/pl-pl/guide/safari/sfri11471/mac

Managing cookies in Internet Explorer 11 https://support.microsoft.com/en-us/windows/delete-and-manage-cookies-168dab11-0753-043d-7c16-ede5947fc64d

The User may, at any time, delete any Cookie files stored to date using the tools of the User’s Device through which the User uses the services of the Website.

Threats on the part of the User – The Administrator uses all possible technical measures to ensure the security of the data placed in the Cookie files. However, it should be noted that ensuring the security of this data depends on both parties including the activities of the User. The Administrator is not responsible for the interception of this data, impersonation of the User’s session or its deletion, as a result of the User’s conscious or unconscious activity, viruses, Trojan horses, and other spyware with which the User’s Device may be or was infected. Users, in order to protect themselves from these threats, should follow the rules for the safe use of the Internet.

Storage of personal data – The Administrator ensures that it makes every effort to ensure that the processed personal data entered voluntarily by Users are secure, access to them is limited,

 and carried out in accordance with their purpose and the purposes of the processing. The Administrator also assures that it makes every effort to secure the data in its possession against loss, through the use of appropriate physical as well as organizational safeguards.

Storage of passwords – The Administrator declares that passwords are stored in encrypted form, using the latest standards and guidelines in this regard. It is virtually impossible to decrypt account passwords provided on the Service.

§5 Purposes for which cookies are used

Improving and facilitating access to the Website

Personalization of the Website for Users

Enabling logging into the Service

Keeping statistics (users, number of visits, types of devices, links, etc.)

Serving multimedia services

Providing community services

§6 Purposes of personal data processing

Personal data voluntarily provided by Users are processed for one of the following purposes:

Realization of electronic services:

Services of registration and maintenance of User’s account in the Service and functionalities related to it

Communication of the Administrator with Users in matters related to the Service and data protection

Ensuring the legitimate interest of the Administrator

Data about Users collected anonymously and automatically is processed for one of the following purposes:

Serving multimedia services

Provision of community services

§6 Purposes of personal data processing

Personal data voluntarily provided by Users are processed for one of the following purposes:

Realization of electronic services:

Services of registration and maintenance of User’s account in the Service and functionalities related to it

Communication of the Administrator with Users in matters related to the Service and data protection

Ensuring the legitimate interest of the Administrator

Data about Users collected anonymously and automatically is processed for one of the following purposes:

Keeping statistics

Ensuring the legitimate interest of the Administrator

§7 Cookies of External Services

The Administrator uses javascript scripts and web components of partners on the Website, who may place their own cookies on the User’s Device. Remember that in your browser settings you can decide for yourself about the allowed cookies that can be used by particular websites. Below is a list of partners or their services implemented on the Website that may place cookies:

Multimedia services:

YouTube

Social/connected services:

(Registration, Login, content sharing, communication, etc.).

LinkedIn

Services provided by third parties are beyond the control of the Administrator. These entities may change their terms of service, privacy policies, purpose of data processing and ways of using cookies at any time.

§8 Types of data collected

The Website collects data about Users. Part of the data is collected automatically and anonymously, and part of the data is personal data voluntarily provided by Users when signing up for particular services offered by the Website.

Anonymous data collected automatically:

IP address

Browser type

Screen resolution

Approximate location

Sub-pages of the website that were opened

Time spent on relevant sub-page of the website

Type of operating system

Address of the previous subpage

Address of the referring page

Browser language

Internet connection speed

Internet service provider

Data collected during registration:

First name / last name / nickname

Login

E-mail address

IP address (collected automatically)

Other ordinary data

Data collected when signing up for the Newsletter service

Name / surname / nickname

E-mail address

IP address (collected automatically)

Part of the data (without identifying information) may be stored in cookies. Part of the data (without identifying data) may be transferred to a statistical service provider.

§9 Access to personal data by third parties

As a rule, the only recipient of personal data provided by Users is the Administrator. Data collected as part of the services provided are not transferred or resold to third parties.

Access to the data (most often on the basis of a Data Processing Entrustment Agreement) may have entities responsible for maintaining the infrastructure and services necessary to run the service, i.e. the Administrator:

§10 Method of processing personal data

Personal data provided voluntarily by Users:

Personal data will not be transferred outside the European Union, unless it has been published as a result of an individual action of the User (e.g., entering a comment or entry), which will make the data available to any visitor to the site.

Personal data will not be used for automated decision-making (profiling).

Personal data will not be resold to third parties.

Anonymous data (without personal data) collected automatically:

Anonymous data (without personal data) will not be transferred outside the European Union.

Anonymous data (without personal data) will not be used for automated decision-making (profiling).

Anonymous data (without personal data) will not be resold to third parties.

§11 Legal basis for processing personal data

The Service collects and processes Users’ data on the basis of:

Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 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 (General Data Protection Regulation)

Article 6(1)(a)

the data subject has consented to the processing of his/her personal data for one or more specified purposes

article 6(1)(b)

processing is necessary for the performance of a contract to which the data subject is a party or to take steps at the request of the data subject prior to entering into a contract

Article 6(1)(f)

processing is necessary for the purposes of legitimate interests pursued by the controller or by a third party

Act of May 10, 2018, on the protection of personal data (Dz.U. 2018, item 1000)

Act of July 16, 2004. Telecommunications law (Dz.U. 2004 No. 171 item 1800)

Act of February 4, 1994, on Copyright and Related Rights (Dz.U. 1994 No. 24 item 83)

§12 Period of personal data processing

Personal data provided voluntarily by Users:

As a rule, the indicated personal data are kept only for the period of providing the Service within the Service by the Administrator. They are deleted or anonymized up to 30 days after the termination of the Service (e.g. deletion of a registered user account, unsubscribing from the Newsletter list, etc.).

The exception is the situation that requires securing the legitimate purposes of further processing of such data by the Administrator. In such a situation, the Administrator will keep the indicated data, from the time of the User’s request for deletion, no longer than for a period of 3 years in case of violation or suspected violation of the provisions of the regulations of the service by the User.

Anonymous data (without personal data) collected automatically:

Anonymous statistical data, which do not constitute personal data, are stored by the Administrator for the purpose of conducting statistics of the service for an indefinite period of time

§13 Users’ rights related to the processing of personal data

The Service collects and processes Users’ data on the basis of:

Right of access to personal data

Users have the right to access their personal data, exercised upon request submitted to the Administrator

The right to rectify personal data

Users have the right to request the Administrator to promptly rectify their personal data that is inaccurate and/or to complete incomplete personal data, exercised upon request made to the Administrator

Right to delete personal data

Users have the right to demand from the Administrator the immediate deletion of personal data, realized upon a request submitted to the Administrator In the case of user accounts, deletion of data consists in anonymization of data that allows identification of the User. The Administrator reserves the right to withhold the execution of a request for data deletion in order to protect the legitimate interest of the Administrator (e.g. when the User has violated the Terms of Use or the data was obtained as a result of conducted correspondence).

In the case of the Newsletter service, the User has the possibility to delete his/her personal data by himself/herself, using the link included in each e-mail message sent.

Right to limit the processing of personal data

Users have the right to restrict the processing of their personal data in cases indicated in Article 18 of the RODO, such as questioning the correctness of their personal data, exercised upon request submitted to the Administrator

Right to personal data portability

Users have the right to obtain from the Administrator, personal data concerning the User in a structured, commonly used machine-readable format, exercised upon request submitted to the Administrator

The right to object to the processing of personal data

Users have the right to object to the processing of their personal data in the cases specified in Article 21 of the RODO, exercised upon request submitted to the Administrator

Right to lodge a complaint

Users have the right to lodge a complaint with the supervisory authority in charge of personal data protection.

§14 Contacting the Administrator

You can contact the Administrator in one of the following ways

Postal address – Koliber Energy Trading Sp. z o.o., Al. Róż 6 lok. 13, 00-556 Warsaw, Poland

E-mail address – biuro@koliber.energy

§15 Requirements of the Service

Restricting the storage of and access to cookies on the User’s Device may result in the malfunction of some features of the Service.

The Administrator shall not be held liable for malfunctioning functions of the Website if the User restricts in any way the ability to save and read Cookie files.

§16 External links

The Service – articles, posts, entries or comments of Users may contain links to external sites with which the Owner of the Service does not cooperate. These links and the sites or files indicated under them may be dangerous to your Device or pose a threat to the security of your data. The Administrator is not responsible for the content outside the Service.

§17 Changes to the Privacy Policy

The Administrator reserves the right to change this Privacy Policy at any time without notifying the Users with regard to the use and application of anonymized data or the use of cookies.

The Administrator reserves the right to change this Privacy Policy at any time with regard to the processing of Personal Data, of which it will inform Users with user accounts or subscribe to the newsletter service, via email within 7 days of the change in records. Continued use of the services implies familiarization with and acceptance of the introduced changes to the Privacy Policy. In case the User does not agree with the introduced changes, he/she is obliged to delete his/her account from the Service or unsubscribe from the Newsletter service.

The introduced changes to the Privacy Policy will be published on this subpage of the Service.

Introduced changes shall become effective upon their publication.

See also
ESG
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Scope of operations
We have been trading in the electricity and natural gas market since 2021.
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Corporate Social Responsibility (CSR)
Corporate social responsibility as a strategy for sustainable corporate development.
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