In this privacy policy, Smart Factor Sp. z o.o. (hereinafter ‘Smart Factor’) explains how it deals with the privacy of your personal data, i.e. the data that you provide us with or the data that we possibly record by taking photographs from public roads. For specific information about the use of cookies on our website, please see our Cookie policy.

PROCESSING OF PERSONAL DATA YOU PROVIDE US WITH

We respect the privacy of visitors to our website, or persons who contact us in other ways, for instance through e-mail. We see to it that the personal data you provide us with is treated confidentially and in accordance with the requirements set by the General Data Protection Regulation (‘GDPR’).

PURPOSE OF THE DATA PROCESSING

Your personal data are processed by us for the purpose of concluding and performing agreements in respect of Smart Factor's services, and for managing the resulting contacts, which includes activities aimed at expanding our customer database. If you complete a form on our website, or send us an e-mail, the data that you provide us with will be kept as long as is necessary in view of the nature of your request. These data are not provided to third parties, unless it is essential for the performance of the agreement or if we are obliged to do so by law.

In addition, general visiting details are recorded on our website. In this context, in particular your computer's IP address, any username, the time of the request and the data that your browser sends, can be recorded and used for statistical analyses of visiting and clicking behavior on the website. We use this to optimize the functioning of the website, for instance. We try to anonymize these data as much as possible and do not provide them to third parties. Please refer to our Cookie policy to learn how we deal with cookies in this context.

STORAGE AND SECURITY

Smart Factor stores the personal data that we receive from you no longer than necessary in relation to the purposes of data processing. As long as these data are stored by us, we make sure that these data are only accessible to those who need these data in executing the purposes of the data processing. Furthermore, we have multiple measures in place to prevent access to the data by unauthorized persons.

YOUR RIGHTS

If we process your personal data, you can request access, rectification, erasure, restriction of processing and portability of this data. In addition, you can raise objections to the use of your personal data. You can do this in writing: by e-mail to mail@smartfactor.pl, through the contact page on our website, or by post to the following address:

Smart Factor Sp. z o.o.
ul. Poselska 29,
03-931 Warsaw, Poland

If you request access, we may ask you to prove your identity, in order to prevent abuse. Should the personal data processed by us contain errors, you can request us to change or remove these data. In addition, you can inform us in writing if you do not appreciate being approached by us with information about our products and services.

You have the right to lodge a complaint with the Polish Data Protection Authority - Prezes Urzędu Ochrony Danych Osobowych (PUODO), Adres: ul. Stawki 2, 00-193 Warsaw.

PRIVACY STATEMENT FOR JOB APPLICANTS

In this privacy statement, Smart Factor Sp. z o.o.  (hereinafter 'Smart Factor') describes how the company secures your personal data, that is, the data you provide us with during the recruiting process or data we receive from third parties (recruitment agencies).

We respect the privacy of job applicants. We will ensure that the personal information you provide us with is treated confidentially and in accordance with the requirements in the General Data Protection Regulation. By submitting your application, you give your consent to Smart Factor to process your personal data and record it in our database. We will treat your personal data confidentially, and will only use it for the job application process with Smart Factor. We will not transfer your data to third parties, unless we are legally required to do so.

Smart Factor retains personal data of job applicants during and after the recruitment process. After the recruitment process, the data will be retained for a maximum of one year. After this, the personal data will be erased from Smart Factor's system. On your request, we will erase your personal data before that time.

By submitting the job application data you agree with this privacy statement.

This privacy statement will be updated regularly to comply with amendments in the privacy law. We therefore reserve the right to amend this privacy statement.

If you have any questions regarding this privacy statement, you can send an e-mail to mail@smartfactor.pl.

PROCESSING OF PERSONAL DETAILS IN OUR PHOTOGRAPHY FROM THE PUBLIC ROAD

Smart Factor produces Cycloramas (360-degree panoramic photographs) taken from the public road and makes use of public geometric and land-registry data. It is permitted to take photographs from public roads. The street level photographs may also record personal data, on the basis of which Smart Factor conducts its activities in accordance with the requirements of the General Data Protection Regulation (‘GDPR’). In the street level images collected by Smart Factor, faces and license plates are made unrecognizable by 'blurring'. The blurred images are stored in a database and are made available to Smart Factor's customers.

PURPOSE OF THE DATA PROCESSING AND LAWFULNESS

Smart Factor takes photographs from the public road in order to map the environment and has a legitimate interest to process potentially visible personal data in street level photographs pursuant to article 6.1 sub f GDPR. This legitimate interest includes the freedom to conduct a business as included in Article 16 of the Charter of Fundamental Rights of the EU and the resulting interest in being able to best serve its customers, other stakeholders and society as a whole. The data processing purposes consist of recording and processing street level photographs in a database in order to – under stringent conditions- make these photographs available to public and private organizations.

The image material collected by Smart Factor provides a better understanding of the outdoor space and thus contributes to a social interest in better understanding and absorbing the increasingly complex and rapidly changing environment. In order to arrive at future-proof solutions for current themes in the field of climate change (e.g. the amount of green space in urban areas), mobility (e.g. parking facilities for electric vehicles), livability (e.g. type of buildings and green areas) and safety (e.g. escape routes during incidents or events), a transparent, accurate and complete overview of the outdoor space is necessary. In short, the interests of society as a whole benefit from the data processing carried out by Smart Factor. A number of examples illustrate the importance of the use of street level photographs by Smart Factor's customers:

• Municipalities: performance of public duties relating to the outdoor space, where it is necessary for them to have an unambiguous picture of this outdoor space. This enables the municipality to serve its citizens better, among other things by means of more adequate enforcement, improvement in communication with citizens and efficient execution of tasks.
• Infrastructure companies: construction and management of telecom networks, such as fibre optic and 5G networks that serve a social interest and that can be better prepared and realized through visual inspection and analysis of the entire outdoor area by means of Smart Factor images.

In order to be able to visualize the outdoor space on a large scale, thoroughly and in high quality and to be able to offer this (blurred) image material to customers in a database via a closed platform, it is necessary to process the (personal) data that is visible from the public road. This is necessary in order to be able to generate an overview of the outdoor space in such a way that it is comparable to what a person observes when he or she physically visits the same location.

In addition, the processing of certain data, which may sometimes be regarded as personal data (including houses), is necessary in view of the purpose for which these images are used, such as:

• Municipalities for e.g. purposes of:
• Exercising property related taxes;
• Registration of addresses and buildings;
• issuing and enforcing various permits, such as building permits, entrance permits, felling permits and advertising signs;
• inspection of building plans;
• verification of development plans;
• (re)development of municipal areas.
• conversion, management and maintenance of municipal areas;
• Municipalities, provinces, water boards and other source holders for the purposes of digital mapping.
• Land Registry for the management digital maps;
• Network suppliers for management of network infrastructure;

The interests of Smart Factor and third parties, including society as a whole, are weighed by Smart Factor against the interests and the fundamental rights of data subjects in relation to the protection of personal data. It plays a role in this respect that virtually all data visible on the image cannot be regarded at all or only as insensitive (personal) data that is already visible in the outdoor space. As a result, the potential adverse consequences and risks for any data subjects involved are minimal.

In addition, Smart Factor has put in place various safeguards to prevent and limit any undesirable consequences for data subjects as much as possible. One of these measures concerns 'blurring': because faces and license plates are not relevant to the purpose of the processing, Smart Factor uses an advanced software tool developed in-house that automatically detects faces and license plates in the images and makes them unrecognizable.

Smart Factor's images are not publicly available. In addition, customers only gain access to Smart Factor's visual material after the raw data has been blurred by Smart Factor's software tool. Further, customers are not granted access to the entire dataset, but only to the relevant geographical areas within the imagery database, which they need for their own purposes.

Smart Factor is of the opinion that its interests in combination with the interests of its customers in principle outweigh the invasion of the privacy of data subjects, also because Smart Factor has taken measures to minimize this infringement, as further explained under 'Storage and security'.

STORAGE AND SECURITY

The street level photographs produced by Smart Factor are stored in order for Smart Factor to fulfil its purposes of processing and its contractual obligations with customers. Storage of the database of street level imagery collected within European countries takes place within the European Economic Area. In the street level photographs that Smart Factor records, stores and makes available to her customers via a web application, privacy-sensitive information, namely faces of recognizable persons and/or license plates of cars, are being made unrecognizable (‘blurred’). Smart Factor has also set up various organizational and technical measures to ensure that unauthorized access to the data can be prevented:

• Storage of the raw visual material from 360-degree spherical photo-registration - before the execution of the blurring - in a non-open proprietary data format;
• Storage on strictly secured servers;
• Restriction of access for individual users via username/password/individual codes;
• Informing employees of their obligations regarding the lawful processing of the image material and the data derived from this material;
• Establishing a reporting process for security incidents (data breaches).

INFORMATION AND SUPERVISION

Smart Factor uses different types of media to inform the public abouts its activities, for instance via its capturing vehicles or online channels.

YOUR RIGHTS

If you are involved in our photographs as a data subject (for instance, because your house has been photographed or because you think you yourself are visible within our photographs), you can request access, rectification, erasure and restriction of processing. In addition, you can raise objections to the use of your personal data. You can do this in writing: by e-mail to mail@smartfactor.pl, through the contact page on our website, or by post to the following address:

Smart Factor Sp. z o.o.
ul. Poselska 29
03-931 Warsaw
Poland

If you have an access request, we may ask you to prove your identity, in order to prevent abuse.

You have the right to lodge a complaint with the Polish Data Protection Authority.

We reserve the right to modify our privacy policy. Any changes will be published on this website.

QUESTIONS ABOUT PRIVACY?

Do you have any privacy-related question about our photographic activities from public roads? If so, please consult our frequently asked questions about privacy (see below) or send an e-mail to mail@smartfactor.pl.