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Privacy Policy

Privacy Policy

  1. The Customer and FastTony have concluded the Contract on providing services by electronic means, regarding using the System by the Customer, which is available in the service FastTony.es
  2. FastTony and the Customer cooperate in the scope of the marketing activities conducted by the Customer to its recipients. This cooperation takes place on the principles specified in the Contract on providing services by electronic means concluded under the principles specified in the Service Regulations, available on the website https://smart.fasttony.com/terms-of-service/
  3. The Customer intends to continue cooperation with FastTony within the framework of the contract, which has been concluded so far and to extend it by further areas of activities (new functionalities provided by FastTony);
  4. Within the framework of execution of the signed contract to transfer the personal data by the Customer to FastTony and to process this personal data by FastTony upon request of the Customer.

The Parties mutually agree as follows:

§ 1.  Definitions

  1. Personal data – information related to an identified individual or identifiable individual (“data subject”) being the subject of this contract and specified in the Orders an identifiable individual is a natural person, who can be directly or indirectly identified, in particular, on the basis of the identifier such as first and last name, identification number, data on location, Internet identifier or one or several special factors defining physical, physiological, genetic, mental, economic, cultural, or social identity of the individual. While executing the Main Contract the Personal Data is transferred to the System by the Customer, which has been collected by it within the framework of conducting an advertising account on the Facebook portal, as well as to process the Personal Data for the purposes of implementing the marketing campaigns;
  2. System – the software, which serves to
    • create posts, advertisements, monitoring statements of Internet users on the Facebook, Instagram portals and the other social platforms, as well as in the Google Adwords systems and the Google advertising network, and
    • to analyse data – made available to the Customer in the SaaS mode through the website www.fastotny.es;
  3. Main Contract – is the contract concluded between FastTony and the Customer, related to provision of services by electronic means. The contents of the Main Contract include the Regulations, available on the website https://smart.fasttony.com/terms-of-service/, which has been approved by the Customer.
  4. Authorised persons – shall mean the following persons on the side of the Customer: the persons authorised on the basis of the Main Contract to place Orders (including the Customer’s employees and co-workers, for whom a separate account in the System has been created, associated with the Customer’s account), and also to obtain in any manner and at any time all information related to the subject of  this Contract and the Main Contract, whereas on the side of the FastTony these shall be the persons authorised on the basis of the Main Contract to receive the Order and to process the Personal Data, as well as to provide all information related to the subject of the Contract and the Main Contract;
  5. Order – it means the order to process the Personal Data made by the Customer to the benefit of FastTony by each use of the System in such a way that the Personal Data is processed. The Parties indicate the following exemplary Orders:
    • launching the campaign of the Lead Ads type in the System
    • launching the campaign in the System, which collects personal data in the Messenger application;
    • using the Custom Audience tool;
    • using the Lookalike tool;
    • using the Audience Knowledge tool;
    • using the TopFans tool;
    • directing the advertisement targeted in Google;
    • using the tools for remarketing – in Google in the Facebook advertising system;
    • directing advertisements to the users of the other websites, fans and the persons active on selected fanpages, the persons active on Facebook events, Facebook groups, the persons active in posts, including advertising posts,,
    • directing advertisements to the persons active on applications,
    • directing advertisements to the persons active on the Messenger application,
  6. GDPR – shall mean the regulation of the European Parliament and the Council (EU) 2016/679 of the 27th of April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing the Directive 95/46/EC (the General Data Protection Regulation);

§ 2. Subject of the Contract

  1. Processing of the Personal Data by the Customer to be processes in the System by FastTony in compliance with the Orders shall constitute the subject of this contract Having concluded the Main Contract with FastTony and this entrustment agreement of personal data processing, the Customer declares that it gives the order to FastTony to process the Personal Data contained in each Order for the purpose and within the scope necessary to perform the obligations of FastTony resulting from the Main Contract, i.e. only to provide the service of making the advance functions available within the framework of performing the marketing activities on the Facebook portal by the Customer;
  2. Customer:
    • entrusts the Personal Data with FastTony, including the activities of processing the Personal Data for the purposes of the advertising activity on the Facebook portal on the basis of the Main Contract;
    • entrusts the Personal Data with FastTony, including the following categories of persons
    • the persons using the Facebook portal and the other social portals, the persons interacting with the Customer’s profile conducted on this portal (e.g. liking or another reaction, a comment, sending a message to the Customer’s Fanpage, participating in the event, membership in the group);;
      • the persons, who pass their Personal Data to the Customer for the marketing purposes through the Lead Ads tools; the Messenger Platform or through another application;
      • the persons, whose Personal Data is passed by the Customer form another source and it wants to use this data to take benefit of the marketing tools made available by Facebook, Instagram, another social portal, and the Google advertising system.
    • entrusts FastTony with the Personal Data usually, the so-called insensitive data (not related to health condition, racial or ethnic origin, political views, religious or philosophical beliefs, membership to trade unions, genetic data, biometric data), unless the Customer is authorised to process sensitive data on the basis of the adequate legal provisions;
    • The purpose of execution of the provisions under the Main Contract it appoints the Authorised persons on its side. Appointing the Authorised user takes place by creating for him or her an individual account in the System independently by the Customer. The access to the account should be protected appropriately by a complicated password according to the present level of technical knowledge regarding data safety;
    • It can revoke the Authorised users by deleting the account in the System;
    •  In the case, when the Customer uses the so-called integration of FastTony with another IT tool (e.g. Freshmail, SMS API, Zoho CRM, Click Meeting), the Customer guarantees that it has obtained the adequate permissions to such disclosing of the Personal Data to the third parties.
    •   In the case of failing to fulfil the present condition specified in § 3 par. 4 of this Contract, it undertakes to obtain all permissions and declarations provided for by the law enabling proper execution of the Contract and the Main Contract, before starting by FastTony to execute the Contract or the Main Contract,

§ 3 Declarations and obligations of the Parties

  1. The Customer declares that in the understanding of the art. 4 point & GDPR it is the controller of the Personal Data processed within the framework of the cooperation with FastTony and/or the so-called Processor (the entity processing upon an order in the understanding of the art. 4 point 8 and the art. 28 of GDPR).
  2. FastTony declares that in the understanding of the art 28 of GDPR, it is the entity processing the personal data.
  3. FastTony declares that:
    • it has technical and organisational measures guaranteeing protection of the Personal Data processing within the scope required by the binding legal provisions of Freshamil and in particular, it secures the Personal Data against its disclosing to unauthorised persons, acquiring them by an unauthorised person, processing it with violation of the legal provisions, and alteration, loss, damage or destruction of this data, as well as it meets the other requirements specified in the legal provisions related to the personal data protection.
    • it keeps the documentation required by the legal provisions, which describes the manner of the Personal Data processing;
    • in the process of processing the Personal Data, it guarantees its  pseudonymisation (the so-called hashing);
    • only these persons are allowed to process the Personal Data, who have authorisation granted by FastTony.
  4. The Customer declares that the Personal Data, which is entered by it to the System has been collected and is processed in the manner compliant with the law, in particular, the proper consent have been obtained from subscribers, customers, fans of the Customer and the other persons, whose Personal Data the Customer collects outside the Facebook portal or there is another legal basis for processing of the Personal Data by the Customer. In the case, when the Customer is the so-called Processor, the Customer declares that is has adequate authorisation to process the Personal Data on behalf of its customer, namely the Entrustment agreement of personal data processing and all other legal requirements. FastTony shall not be liable for the manner os using the System by the Customer, for compliance of using the System with the legal provisions by the Customer or for the scope of the Personal Data processed by the Customer through the System, including the compliance of this processing with the law.
  5. In the case, an administrative penalty, a fine is imposed on FastTony or some money to be paid as the damages or compensation for illegal processing of the Personal Data by the Customer, as well as in the case of encumbering FastTony with the costs resulting from conducting of these proceedings in full or in a part, the Customer shall reimburse FstTony with the expenses incurred for these purposes in proportion to the level, in which it led to its occurrence or extent of guilt.
  6. The provisions of the Contract do not waive or limit in any extent the possibility of pursuing the other recourse actions by the Contractor in relation to the Ordering Party.
  7. Execution of this Contract is not connected with any cash benefits on the side of the Customer, whereas all financial settlements shall be made within the framework of the Main Contract.
  8. FastTony undertakes to:
    • maintain secrecy of the Personal Data and the other data, in particular, the information constituting the company secret, to which FastTony could have got access due to execution of the provisions of the Contract or the Main Contract, also after expiry or termination of the Contract or the Main Contract;
    • do its best while executing the provisions of this contract and the Main Contract, resulting from professional nature of the performed activity;
    • notify immediately the Customer about each case of violating the security of all information disclosed by the Customer to FasTony in connection with or during execution of the Contract or the Main Contract, including, in particular, the case of violating the principles of the Personal Data protection;
    • oblige in the written form the employees and the other cooperating persons  on the basis of the civil and law contracts with Freshmail, who have or can have access to the data disclosed by the Customer in connection with the execution of the Contract and the Main Contract to maintain its secrecy also after terminating the employment relationship or another civil law relationship with Freshmail;
    • notify immediately the Customer about each case of violating the obligations resulting from this Contract, not later than within the time limit of 48 hours from the time of detecting this breach;
    • where possible, assist the Controller- by adequate technical and organisational measures- to fulfil the obligation to reply to requests of the data subject , within the scope of exercising the rights of this person specified in adequate legal provisions;
    • take into account the nature of the Personal Data processing and the information available for FastTony, to assist the Customer – only within the scope related to the execution of the Main Contract – to meet the obligations within the scope of the personal data protection imposed on it by the legal provisions of the European Union;
    • make all necessary information available to the Customer, only within the scope related to execution of the Main Contract, to prove that the Customer fulfils the obligations regarding Personal Data protection resulting from the legal provisions of the European Union and it shall enable for the Customer or the auditor authorised by the Customer to conduct audits and inspections – within the scope related to execution of the Main Contract, however, the inspection can take place after prior notification sent 14 days in advance to FastTonyand it should be conducted on a working day between 10:00 a.m.- 4:00 p.m. 
  9. The Customer undertakes to:
    • download all Personal Data entered to the System by it or to order FastTony to delete all entrusted Personal Data from the System – together with termination of the Main Contract and this contract. In the case of failing to perform these activities within the time limit of 30 days, FastTony shall be authorised to delate the Personal Data without notifying the Customer about it. If the Customer decides to download the Personal Data, which has been earlier entrusted with FastTony, then FastTony also deletes all backup copies of the Personal data apart from one copy, which FastTony shall keep for the purposes resulting from the legally justified interests: IT security; pursue of claims or defend against them, as well as for the archiving purposes of the Facebook portal.
    • release FastTony from all information obligations towards the persons, whose data is used within the framework of the Order and  to fulfil these duties independently – under the pain of complete liability provided by adequate legal provisions, as well as under the pain of  liability for damages towards FastTony;
    • appoint and dismiss independently the Authorised persons and to manage the accounts of the Authorised persons in such a way that the unauthorised persons have no access to the Personal Data or the possibility to pass Orders to FastTony.
  10. The Customer declares each database passed to FastTony on the basis of the Contract or a given Order has been collected in the manner compliant with the law, whereas all entities, whose Personal Data is in the Database have expressed their consent for processing of their personal data for the purposes of executing the Order; as well as it declares that is not limited as regards disposal of the Personal Data- including also the scope of entrusting its processing to the benefit of FastTony;
  11. The Customer declares that it is aware that processing of the Personal Data by through some tools is related to transferring of the Personal Data to the Facebook portal, so outside the European Economic Area and to be more precise to the United States of America, which is allowed on the basis of the so-called Privacy Shield program.
  12. The Parties declare that all financial settlements regarding the Contract shall be made within the framework of the Main Contract.
  13. FastTony undertakes to:
    • undertake adequate security measures before starting to process the Personal Data in compliance with the art. 32 of GDPR;;
    • guarantee that the Personal Data shall be processed only by the authorised persons,
    • maintain secrecy of the Personal Data and the other data, in particular, the information constituting the company secret, to which FastTony could have got access due to execution of the provisions of the Contract or the Main Contract, also after expiry or termination of the Contract or the Main Contract.
    • do its best while executing the provisions of the Contract and the Main Contract, resulting from professional nature of the performed activity;
    • guarantee such conditions for Personal Data or the other data processing, which shall make it impossible to have access to use the Personal Data, the company secret or the other information to the unauthorised persons during execution of the Contract or the Main Contract, as well as after their termination or expiry;
    • notify immediately the Customer about each case of violating the security of all information disclosed by the Customer in connection with or during execution of the Contract or the Main Contract;
    • oblige in the written form the employees and the other persons cooperating on the basis of the civil and law contracts with FastTony, who have or can have access to the data disclosed by the Customer in connection with the execution of the Contract and the Main Contract to maintain its secrecy also after terminating the employment relationship or another civil law relationship with FastTony;
    • non-disclosure of any data made available to FastTony or its employees or the persons cooperating with FastTony on the basis of the civil law contracts, to any third persons without a prior consent expressed by the Customer in the written form, only except for the public administrative authorities – if they request making the data available on the basis of a specific legal norm – and legal and financial advisors of FastTony – if there is such a need in order to defend legitimate interests of FastTony;
    • notify immediately the Customer about each case of violating the obligations resulting from this Contract, not later than within the time limit of 2 working days from the time of this breach;
    • notify the Customer about:
      • any proceedings, in particular, administrative or court proceedings, regarding processing of the Personal Data by FastTony within the scope specified in the Orders,
      • any administrative decision or order regarding processing of the Personal Data, directed to FastTony and related to the Personal Data.
  14. The Customer undertakes to:
    • download the Database copies created in the system together with termination of the Contract. In the case of failing to perform the activity within the time limit of 30 days, FastTony shall be authorised to delate the Databases without notifying the Customer about it;
    • release FastTony from all information obligations towards the persons, whose data is used within the framework of the Order and  to fulfil these duties independently – under the pain of complete liability provided by GDPR, as well as under the Act  on providing services by electronic means, and also the pain of  liability for damages towards FastTony;
    • appoint the Authorised persons. The Customer can dismiss or appoint new Authorised persons at any time, notifying FastTony about it by adequate settings in the System.

§ 4. Contract Term

  1. This contract is concluded for the duration of the Main Contract.
  2. The Contract expires before the lapse of the period, for which it has been concluded only in the cases specified in it.
  3. Each Party can terminate the Contract, with one month’s notice submitted in the written form or else shall be null and void.
  4. The Parties can terminate the Contract without notice in the case, when the other Party grossly violates the provisions of the Contract.
  5. The Contract can be terminated at any time by the agreement of the Parties.

§ 5. Final provisions

  1. All amendments to the Contract should be made in the written form, in which the Contract has been concluded -or else it shall be null and void.
  2. The Customer declares that it is aware that it is the Customer, who is still responsible for compliance with the law regarding Personal Data processing within the framework of the Orders and within execution of the Main Contract and FastTony is liable to such an extent, which is necessary to guarantee security of this Data in the System.
  3. Expiry of the Contract, irrespective of the causes of such situation, can result in making it impossible to execute the Main Contract in full or in a part, about which the Customer shall be notified and which it accepts.
  4. The adequate provisions of the Polish law, including GDPR shall apply within the scope not regulated by this Contract. In the case of any discrepancies between the contents of the Contract and the Service Regulations, the provisions of the Contract shall prevail, except for the provisions of the Service Regulations referring to the Order generation and the obligations of the Customer, which are related to it.
  5. All possible disputes resulting from this Contract or due to its execution, the Parties shall try to resolve in the amicable manner and if it is not possible to reach such agreement, the dispute shall be resolved by the court of proper venue for the registered office of FastTony.
  6. Changing of the Authorised persons shall not constitute amendment of the Contract and shall not require preparing the annex.

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