Tess Themes

Privacy Policy

The following Privacy Policy sets out the rules for saving and accessing data on Users’ Devices using the Service for the purpose of providing electronic services by the Administrator, and the rules for collecting and processing Users’ personal data, which were provided by them personally and voluntarily through the tools available in the Service.

§1 Definitions

  • Service – the Tess Themes website operating at https://themes.tesserakt.dev/
  • External service – websites of partners, service providers, or service recipients cooperating with the Administrator
  • Service / Data Administrator – The Service Administrator and Data Administrator (hereinafter Administrator) is the company “TESSERAKT sp. z o.o.”, operating at: ul. Cechowa 44B, 30-614 Kraków, with the tax identification number (NIP): 6832091507, with the National Court Register (KRS) number: 0000642152, providing services electronically via the Service
  • User – a natural person for whom the Administrator provides services electronically via the Service.
  • Device – an electronic device with software through which the User gains access to the Service
  • Cookies – text data collected in the form of files placed on the User’s Device
  • GDPR – 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 (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 to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person
  • Processing – means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction;
  • Restriction of processing – means the marking of stored personal data with the aim of limiting their processing in the future
  • Profiling – means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements
  • Consent – consent of the data subject means any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her
  • Personal data breach – means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data transmitted, stored or otherwise processed
  • Pseudonymisation – means the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person
  • Anonymisation – Data anonymisation is an irreversible process of data operations that destroys / overwrites “personal data,” making it impossible to identify or link a given record with a specific user or natural person.

§2 Data Protection Officer

Pursuant to Art. 37 of the GDPR, the Administrator has not appointed a Data Protection Officer.

In 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 data communications systems of External Services. Scripts of External Services that may place Cookies on User Devices have been knowingly placed in the Service through scripts and services made available and installed in the Service
  • Session Cookies – files placed and read from the User’s Device by the Service during a single session of a given Device. After the session ends, the files are deleted from the User’s Device.
  • Persistent Cookies – files placed and read from the User’s Device by the Service until they are manually deleted. The files are not deleted automatically after the end of the Device session unless the User’s Device configuration is set to delete Cookie files after the end of the Device session.

§4 Data Storage Security

  • Mechanisms for storing and reading Cookie files – The mechanisms for storing, reading, and exchanging data between Cookies saved on the User’s Device and the Service are implemented through the built-in mechanisms of web browsers and do not allow for the collection of other data from the User’s Device or data from other websites visited by the User, including personal data or confidential information. The transfer of viruses, Trojan horses, and other worms to the User’s Device is also practically impossible.
  • Internal Cookies – the Cookie files used by the Administrator are safe for Users’ Devices and do not contain scripts, content, or information that could threaten the security of personal data or the security of the Device used by the User.
  • External Cookies – The Administrator takes all possible actions to verify and select service partners in the context of User 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 Cookie files 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, originating from External Services, to the extent permitted by law. A list of partners is provided further in the Privacy Policy.
  • Cookie Control
  • Threats on the User’s side – The Administrator uses all possible technical measures to ensure the security of data placed in Cookie files. However, it should be noted that ensuring the security of this data depends on both parties, including the User’s activity. The Administrator is not responsible for the interception of this data, impersonation of the User’s session, or their 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 should follow the principles of safe internet use to protect themselves against these threats.
  • Storage of personal data – The Administrator ensures that they make every effort to ensure that the processed personal data voluntarily entered by Users is secure, access to it is limited and carried out in accordance with its purpose and processing goals. The Administrator also ensures that they make every effort to secure the data they possess against its loss by using appropriate physical and organizational security measures.

§5 Purposes for which Cookies are used

  • Improving and facilitating access to the Service
  • Personalizing the Service for Users
  • Marketing, Remarketing on external services
  • Ad serving services
  • Affiliate services
  • Conducting statistics (users, number of visits, types of devices, connection, etc.)
  • Serving multimedia services
  • Providing social media services

§6 Purposes of data processing

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

  • Implementation of electronic services:
    • Newsletter services (including sending advertising content with consent)
    • Services for sharing information about the content placed on the Service on social networks or other websites.
  • Communication between the Administrator and Users on matters related to the Service and data protection
  • Ensuring the legally justified interest of the Administrator

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

  • Conducting statistics
  • Remarketing
  • Serving ads tailored to Users’ preferences
  • Handling affiliate programs
  • Ensuring the legally justified interest of the Administrator

§7 Cookies of External Services

The Administrator uses JavaScript scripts and web components of partners in the Service, 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 individual websites. Below is a list of partners or their services implemented in the Service that may place cookies:

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 methods of using cookie files at any time.

§8 Types of data collected

The Service collects data about Users. Some data is collected automatically and anonymously, and some data is personal data provided voluntarily by Users when signing up for individual services offered by the Service.

Anonymous data collected automatically:

  • IP address
  • Browser type
  • Screen resolution
  • Approximate location
  • Subpages of the service opened
  • Time spent on the respective subpage of the service
  • 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 subscription to the Newsletter service

  • Name / surname / pseudonym
  • E-mail address
  • IP address (collected automatically)

Some data (without identifying data) may be stored in cookie files. Some 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 sold to third parties.

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

  • Hosting companies that provide hosting or related services to the Administrator

Entrusting the processing of personal data – Hosting, VPS, or Dedicated Server Services

To run the service, the Administrator uses the services of an external hosting, VPS, or Dedicated Server provider – DigitalOcean, LLC. All data collected and processed in the service are stored and processed in the service provider’s infrastructure located in Poland. There is a possibility of access to the data as a result of service work carried out by the service provider’s personnel. Access to this data is regulated by an agreement concluded between the Administrator and the Service Provider.

§10 Method of data processing

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 post), which will make the data available to every person visiting the service.
  • Personal data will not be used for automated decision-making (profiling).
  • Personal data will not be sold to third parties.

Anonymous data (without personal data) collected automatically:

  • Anonymous data (without personal data) will be transferred outside the European Union.
  • Anonymous data (without personal data) may be used for automated decision-making (profiling). Profiling of anonymous data (without personal data) does not produce legal effects or similarly significantly affect the person whose data is subject to automated decision-making.
  • Anonymous data (without personal data) will not be sold to third parties.

The Service collects and processes User data on the basis 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 (General Data Protection Regulation)
    • art. 6 para. 1 lit. a the data subject has given consent to the processing of his or her personal data for one or more specific purposes
    • art. 6 para. 1 lit. b processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract
    • art. 6 para. 1 lit. f processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party
  • The Act of 10 May 2018 on the Protection of Personal Data (Journal of Laws 2018, item 1000)
  • The Act of 16 July 2004 Telecommunications Law (Journal of Laws 2004 No. 171, item 1800)
  • The Act of 4 February 1994 on Copyright and Related Rights (Journal of Laws 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 stored only for the period of providing the Service within the Service by the Administrator. They are deleted or anonymized within 30 days from the moment of termination of services (e.g., deletion of a registered user account, unsubscribing from the Newsletter list, etc.)

An exception is a situation that requires securing the legally justified purposes of further processing of this data by the Administrator. In such a situation, the Administrator will store the indicated data, from the time of the User’s request for their deletion, for no longer than a period of 3 years in the event of a breach or suspected breach of the provisions of the service regulations by the User.

Anonymous data (without personal data) collected automatically:

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

The Service collects and processes User data on the basis of:

  • Right of access to personal data

    Users have the right to obtain access to their personal data, realized upon request submitted to the Administrator.

  • Right to rectification of personal data Users have the right to request the Administrator to immediately rectify personal data that is incorrect and/or to complete incomplete personal data, realized upon request submitted to the Administrator.

  • Right to erasure of personal data

    Users have the right to request the Administrator to immediately erase personal data, realized upon request submitted to the Administrator. In the case of user accounts, the deletion of data consists in anonymizing the data that allows for the identification of the User. The Administrator reserves the right to suspend the execution of the request for data deletion in order to protect the legitimate interest of the Administrator (e.g., when the User has violated the Regulations or the data was obtained as a result of correspondence). In the case of the Newsletter service, the User has the option to independently delete their personal data by using the link provided in every e-mail message sent.

  • Right to restriction of processing of personal data

    Users have the right to restrict the processing of personal data in the cases specified in Art. 18 of the GDPR, e.g., questioning the correctness of personal data, realized upon request submitted to the Administrator.

  • Right to data portability

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

  • 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 Art. 21 of the GDPR, realized upon request submitted to the Administrator.

  • Right to lodge a complaint

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

§14 Contact with the Administrator

The Administrator can be contacted in one of the following ways

§15 Service Requirements

  • Restricting the saving of and access to Cookie files on the User’s Device may cause some functions of the Service to malfunction.
  • The Administrator bears no responsibility for improperly functioning features of the Service if the User restricts in any way the ability to save and read Cookie files.

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

§17 Changes to the Privacy Policy

  • The Administrator reserves the right to make any changes to this Privacy Policy without the need to inform Users about it in the scope of using and utilizing anonymous data or using Cookie files.
  • The Administrator reserves the right to make any changes to this Privacy Policy regarding the processing of Personal Data, about which it will inform Users who have user accounts or are subscribed to the newsletter service, via e-mail within 7 days of the changes. Continued use of the services means that you have read and accepted the changes made to the Privacy Policy. If the User does not agree with the changes introduced, they are obliged to delete their account from the Service or unsubscribe from the Newsletter service.
  • The changes made to the Privacy Policy will be published on this subpage of the Service.
  • The changes introduced come into force upon their publication.