Terms and conditions of use
Refers to following websites:
FIXIT SA (hereinafter: Fixit) hereby declares that is responsible for all data placed on above mentioned websites.
However FIXIT SA kindly informs that any graphic or text information neither any proclamation or statement (directly or indirectly) placed on above mentioned websites cannot be regarded as an commercial offer in the meaning of law regulations and so cannot determine any responsibility of FIXIT SA and its employees, the Customers of Fixit and Fixit’s business partners.
The same rules are adapted to the “silent consent” of FIXIT SA.
Any information and data placed on above mentioned websites cannot be regarded as an inclination of any warranty or assurance given by FIXI SA. FIXIT SA obligations will results only from previously prepared and signed documents – in written form or signed with qualified electronic signature.
Fixit informs that contents and form of above mentioned websites is under protection of law and its exploitation, beside viewing through internet require previous consent of Fixit.
We are kindly informing you that sign “FIXIT” is a trademark of FIXIT SA with its residential address in Kraków, protected by law and its use require previous consent of Fixit.
Other marks placed on above mentioned websites are also trademarks reserved by its owners and were used by Fixit with their consent.
1. Who is FIXIT SA company?
FIXIT SA is a third party outsourcing partner of Consumer Electronics, IT and white goods Vendors. Using Fixit’s services the Vendors deliver pre- and after sales services to Vendors’ products End-Users and sales channel.
Pursuant to the provisions of the EU law, Fixit is a controller of personal data.
Contact details of Fixit are given below:
ul. Nad Serafą 56a
tel. 12 25 44 034
fax 12 25 44 039
2. What personal data is obtained by Fixit and what is the purpose of processing personal data by Fixit?
Fixit as a supplier of pre- and after sales services, which are being delivered on behalf of the Vendors to the end-users and sales channel, is delivering such a services by contacting abovementioned parties.
Fixit service offer includes:
– RMA handling
– out of warranty repairs
– providing a technical support via telephone / e-mail or personally on-site
– pre-sales consulting services
– refurbishing of massive Customer returns
– informing the Customers about new products within Vendors’ portfolio and organizing end-users contests to popularize the brands
– building a knowledge databases on the supported products
– enabling the service packages, ensuring the proper functioning during out of warranty period
In connection with delivered services, Fixit has to process the data of the entities and their employees who are the recipients of the services as mentioned above.
In a certain cases such personal data has to be processed by Fixit to the third party entities who are the suppliers of Fixit and whos’ services are the components of Fixit services.
Fixit may collect some of the below listed information:
• first & last name
• phone number
• email address
• company name
• job title
• employer’s company
• VAT ID (tax ID number)
• postal address
Fixit may also gain data which is not a personal data such as: IP address of the device used by a individual in order to access the services provided by Fixit, technical information, including the information pertaining to internet and/or network connections, identifier of the VoIP device/ communicator, products’ serial numbers and IMEI numbers of the products equipped with wireless communication modems.
Fixit collects also information related to the Customer by using cookies. Customer is being informed on that while viewing the Fixit’s websites for the first time.
In some specific cases, the scope of data processed may be larger, due to specific processing purposes. IN such situations the data subject will be informed about that fact when collection of such data occurs.
FIXIT SA is obliged to process data under the provisions of the law or in a situation when delivery of Fixit services is conditioned by providing personal data. In other cases, provision of personal data is voluntary
Personal data gained by Fixit is being used mainly for ordering a pickup of the broken products from Customers’ locations by professional courier companies and for sending back repaired products, which services are part of the Fixit offer.
Regular operational activities conducted by Fixit also include:
• telephone or e-mail contact regarding claimed products malfunctions
• pre-sale support – configuring products and series according to Customers’ needs
• delivering technical support for the Customers who bought equipment of the Vendors, who signed agreements w/Fixit
• marketing activities of Fixit
• processing arising from the generally applicable provisions of the law, including tax and customs law
• making data available to the aforementioned third parties for the purpose of contract fulfilling
• investigation and enforcement of claims
• delivery of technical knowledge about equipment produced by Vendors who signed agreements w/Fixit (e-mails, internet webinars, personal or remote trainings)
Fixit may be forced – by objective technical conditions – to store, acquired personal data, for following purposes:
– delivering remote configuration and support services
– delivering on the Customer’s request the remote diagnose service for the faulty products claimed as in warranty (to save Customers’ all sort of costs)
– providing RMA warranty handling, including:
a. RMA ticket assignment
b. shipment tracking
c. establishing the contact with the claiming party in case of any doubts
d. sending repaired product back to the Customer
Considering the foregoing, Fixit sees here a justified legal interest in personal data processing in accordance with the requirements of GDPR, and:
– commit not to expand adopted criteria mentioned above without prior consent of data owners
– considers and respects the rights of data owners in accordance with the applicable legal standards, particularly
w szczególności w obszarach:
• data protection and restriction of access to such data only to authorized persons
• transmission of data to third parties, particularly outside the EU
• no profiling
• no processing of sensitive data
• use of pseudonymization, wherever technically and economically justified and legally permitted
• notification about obtained data in accordance with Article 14 point 3b of GDPR
– assumes related liability, including liability concerning the potential leak of such data, as well as civil and administrative liability
If Fixit has to process personal data for any other purposes, a relevant consent shall always be obtained prior to the processing.
Fixit shall not make personal data available to third parties for any marketing purposes.
3. What are the sources of gaining of the personal data
Fixit gains the personal data in a following ways:
• consent given when creating a user account in a web RMA portal / website when claiming faulty products (https://rma.fixit.pl, https://rma.fixit-service.com)
• consent given when claiming faulty products without user account creation in a web RMA portal / website as above
• consent given at Fixit or Fixit’s partnering Vendors websites when signing for an events (personal or remote) which are being organized by Fixit on behalf of the Vendors
• consent given by self-registration of end-users and sales channel, by electronic means in Fixit systems and / or at the Fixit’s websites, in order to obtain information about its services and products
• by processing by the Vendors, the Vendors’ representatives and employees personal data on the base of agreements between particular Vendor and Fixit, provided the agreements contain provisions on consent the for Fixit offer transmission
• by entrusting personal data to Fixit by third parties (the obligations of entities entrusting personal data to Fixit are specified in point 5 below)
• by personal meetings and contact details exchange
• use of existing information gathered in the databases of FIXIT SA
• by digital marketing activities
4. Technical and procedural activities securing the personal data during processing on Fixit side
Personal data processed by Fixit is stored at secure servers on the territory of Republic of Poland. Fixit has implemented appropriate technical and organizational procedures in order to protect personal data against unauthorized or unlawful processing, including loss, destruction or damage.
In case of personal data processed in paper form, data is stored in separate rooms to which only authorized persons have access, and if the data is processed in rooms to which more people have access, the data is stored in locked cabinets with the physical or electronic keys are possessed by authorized personnel only.
5. Obligations of entities entrusting personal data of third parties to FIXIT SA
Considering the fact that, in certain cases, Fixit may make personal data available to a third party, the third party undertakes to follow the below-mentioned obligations, regardless of the fact whether it acts as an entrusting entity or as an entity to which Fixit has entrusted or made available data for processing.
Upon the provision of personal data to Fixit, the third party confirms that it assumes liability and indemnifies Fixit against any liability arising from the fact that the third party has failed to obtain relevant consents of data subjects, and if an administrative fine or obligation to pay compensation is imposed on Fixit, the third party undertakes to pay the amount equal to the imposed fine and/or compensation upon the first request of Fixit.
The entrusting entity particularly, but not exclusively, undertakes to:
a. entrust personal data for processing in accordance with the principles set forth in this Policy, the obligations arising from GDPR, particularly Article 28, and the related provisions of the commonly applicable Polish law
b. process the data only for the performance of cooperation for the duration of cooperation and potential security of claims arising from such cooperation, unless the data retention period arises from the commonly applicable provisions of the law
c. use the personal data entrusted to it by Fixit only for the purposes indicated at the time of transmission of personal data or at a later date, upon prior approval of Fixit
d. ensure sufficient guarantees of implementation of appropriate technical and organizational means so that the processing would meet the requirements of GDPR and protect the rights of data subjects
e. obtain all legally required consents entitling it to make personal data available to Fixit for the purpose of entrusting such data further to the following entities:
professional courier companies, equipment Vendors, external authorized service centers of the manufacturer, warehouses with spare parts, service centers acting as intermediaries in the transport of equipment
If, for the proper performance of obligations arising from cooperation, it is necessary for Fixit to entrust the data further, also to a third country, the third party represents that Fixit may do so, and guarantees that it has the right to make personal data available to Fixit for this purpose, the third party is considered to be the Controller within the scope of such data and performs the obligations set forth in Articles 12, 13 and 14 of GDPR. As far as Fixit is subject to the information obligation arising from GDPR, the Parties agree that such obligations shall be performed by the third party, and the third party shall be fully liable towards Fixit for the proper performance of such obligations, and shall be liable, without limitations, to the potential damage incurred by Fixit on the account of improper performance of such obligations,
f. upon the completion of the provision of services related to data processing, the third party shall be obliged to delete or return to Fixity, at the discretion of Fixit, all personal data entrusted to it, and to remove all existing copies of such data, unless the processing is necessary in view of the commonly applicable provisions of the law or in order to determine, assert or secure claims
6. The rights of an individuals and persons whose personal data are processed by Fixit
Fixit ensures the implementation of the following rights for persons whose personal data is processed:
a. right to receive information about the processing of personal data
b. right to access the contents of processed personal data
c. right to amend data
d. right to demand from data Administrator to erase data
e. right to demand from data Administrator to restrict the processing of data
f. right to data portability
g. right to object against the processing of data
h. right to lodge a complaint to the Polish supervisory authority or the supervisory authority of another European Union member state
i. right to withdraw consent to the processing of personal data at any time
j. right to obtain human intervention on the part of data Administrator, to express their point of view, and to contest the decision based on automated processing of data.
7. Fixit Personal Data Controller
In order to ensure the highest standards of personal data protection, Fixit has appointed Data Protection Controller (hereinafter “DPC”).
DPC in Fixit is Mr. Krystian Knapek whom any person or company might contact at firstname.lastname@example.org .