Last Updated: 16.08.2024

This Privacy Policy governs the manner in which Growth Effekt Sp. z o. o. (“Growth Effekt,” “we,” “us,” or “our”), a company incorporated under the laws of Poland, with its registered office at Słodowa Island 7, Third Floor, 50-266 Wroclaw, Poland, NIP: 8982298777, REGON: 526647562, collects, uses, maintains, and discloses information collected from users (each, a “User”) of the website www.growtheffekt.com (“Website”). This policy applies to the Website and all products and services offered by Growth Effekt, including but not limited to any form of digital marketing, including cold email outreach, or communication carried out in the normal course of business.

1. Collection of Personal Data

We may collect personal data from Users in various ways, including, but not limited to, when Users visit our Website, register on the Website, subscribe to the newsletter, fill out a form, and in connection with other activities, services, features, or resources we make available on our Website. Users may be asked for, as appropriate, name, email address, mailing address, phone number, job title, company name, IP address, and other personally identifiable information (collectively referred to as “Personal Data”). We will collect Personal Data from Users only if they voluntarily submit such information to us. Users can always refuse to supply Personal Data, except that it may prevent them from engaging in certain Website-related activities.

2. Non-Personal Data Collection

We may collect non-personal identification information about Users whenever they interact with our Website. Non-personal identification information may include the browser name, the type of computer, and technical information about Users’ means of connection to our Website, such as the operating system, the Internet service providers utilized, and other similar information. We may also collect data about Users’ usage patterns on our Website, such as time spent on pages, clicks, and scroll behavior, through cookies, pixel tags, or other tracking technologies.

3. Cookies and Tracking Technologies

Our Website may use “cookies” to enhance the User experience. Users’ web browsers place cookies on their hard drives for record-keeping purposes and sometimes to track information about them. Users may choose to set their web browser to refuse cookies, or to alert them when cookies are being sent. If they do so, note that some parts of the Website may not function properly. We may use both session cookies (which expire once you close your web browser) and persistent cookies (which stay on your computer or device until you delete them) to provide you with a more personal and interactive experience on our Website.

4. Processing of Collected Data

Growth Effekt may collect and process the aforementioned Personal Data for various purposes, which include, but are not limited to:

• Facilitation of Communication: To provide Users with information, products, or services that they request from us or that we feel may interest them, where they have consented to be contacted for such purposes.
• Customization of User Experience: To analyze usage patterns and personalize the User experience, thereby tailoring the content and services offered on the Website to individual preferences.
• Improvement of Services: To improve our Website and offerings based on the information and feedback we receive from Users, ensuring a better service provision.
• Compliance with Legal Obligations: To comply with our legal obligations, enforce our Terms of Service, and for legal and regulatory purposes, including responding to court orders, subpoenas, and other lawful requests by authorities.

5. Legal Basis for Processing Personal Data

Under the General Data Protection Regulation (GDPR), the processing of Personal Data is permissible only under certain legal bases. Growth Effekt processes Personal Data on the following grounds:

• Consent: We may process your Personal Data if you have provided your explicit and informed consent for a specific purpose, such as receiving marketing communications.
• Performance of a Contract: Processing is necessary for the performance of a contract to which you are a party, or to take steps at your request before entering into a contract.
• Legitimate Interests: Processing is necessary for the purposes of the legitimate interests pursued by Growth Effekt or by a third party, except where such interests are overridden by your fundamental rights and freedoms which require protection of personal data.
• Compliance with a Legal Obligation: Processing is necessary for compliance with a legal obligation to which Growth Effekt is subject, such as tax laws, regulatory requirements, and government reporting obligations.

6. Cold Email Outreach

Growth Effekt may engage in cold email outreach as part of its marketing and business development activities. Cold email outreach refers to the practice of sending unsolicited emails to individuals or businesses with whom we have no prior relationship, in order to promote our products or services. We recognize the importance of complying with GDPR and CAN-SPAM regulations in this context and adhere to the following principles:

• Data Collection: We may collect contact information, including email addresses, from publicly available sources, such as business directories, LinkedIn, and other online platforms, as well as from business cards, networking events, and other business interactions. This information is collected solely for the purpose of sending business-related communications that we believe may be of legitimate interest to the recipient.

• Legal Basis for Cold Emails: We rely on the following legal bases for processing Personal Data in the context of cold email outreach:

  • Legitimate Interests: Our cold email outreach is conducted based on our legitimate interests in promoting our products and services to potential clients and business partners. We ensure that the emails we send are relevant and targeted, and that they do not override the fundamental rights and freedoms of the recipients.
  • Consent: In certain jurisdictions, we may seek explicit consent from recipients before sending cold emails. Where consent is required, we will provide clear and specific information about the purpose of the communication and obtain the recipient’s consent before sending any marketing materials.

• Opt-Out Mechanism: Every cold email sent by Growth Effekt will include a clear and conspicuous opt-out or unsubscribe mechanism that allows the recipient to withdraw consent or object to the processing of their Personal Data for marketing purposes. Upon receiving an opt-out request, we will promptly remove the recipient’s contact information from our marketing database and cease further communications.

• Data Retention for Cold Emails: We retain Personal Data collected for cold email outreach only for as long as it is necessary to fulfill the purpose for which it was collected, or as required by law. If a recipient opts out of receiving further communications, we will retain minimal information necessary to ensure that their preferences are respected in the future.

• CAN-SPAM Compliance: In addition to GDPR, our cold email outreach activities comply with the CAN-SPAM Act, ensuring that our communications are transparent, non-deceptive, and include appropriate identification of the sender and opt-out mechanisms.

7. Disclosure of Personal Data

Growth Effekt may disclose your Personal Data to third parties under the following circumstances:

• Service Providers: We may share your Personal Data with trusted third parties who perform services on our behalf, including but not limited to payment processing, data analysis, email delivery, hosting services, customer service, and marketing assistance. These third parties will only have access to the Personal Data necessary to perform their functions and are required to protect and secure your data.
• Business Transfers: In the event that Growth Effekt is involved in a merger, acquisition, restructuring, sale of assets, or other business combination, your Personal Data may be transferred as part of that transaction. We will notify you via email and/or a prominent notice on our Website of any such transfer and any choices you may have regarding your Personal Data.
• Legal Requirements: We may disclose your Personal Data if required to do so by law or in the good faith belief that such action is necessary to (a) comply with a legal obligation, (b) protect and defend the rights or property of Growth Effekt, (c) prevent or investigate possible wrongdoing in connection with the services, (d) protect the personal safety of Users of the services or the public, or (e) protect against legal liability.

8. Cross-Border Data Transfers

Growth Effekt operates globally, and as such, your Personal Data may be transferred to, stored, and processed in countries outside of the European Economic Area (EEA), including but not limited to the United States. When we transfer Personal Data outside the EEA, we take steps to ensure that the transfer is done in accordance with applicable data protection laws, including but not limited to the use of Standard Contractual Clauses approved by the European Commission or ensuring that the country of destination offers an adequate level of data protection as determined by the European Commission.

9. Data Retention Policy

We will retain your Personal Data for the period necessary to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted by law. The retention period may vary depending on the type of data and the purposes for which we collected it. For instance:

• Account Information: We retain your account information for as long as your account is active and for a reasonable period thereafter in case you decide to re-activate the services.
• Marketing Data: We retain your marketing preferences and communications data until you unsubscribe from receiving further marketing communications, after which we will retain only the minimum necessary data to respect your preferences.
• Legal Compliance: We may retain your Personal Data for an extended period where necessary to comply with legal obligations, resolve disputes, and enforce our agreements.

10. Your Rights Under GDPR

Under the GDPR, individuals have certain rights regarding their Personal Data. Growth Effekt is committed to upholding these rights, which include:

• Right of Access: You have the right to obtain confirmation from us as to whether or not we are processing your Personal Data, and if so, to request access to the Personal Data. The access information includes the purposes of processing, the categories of Personal Data concerned, and the recipients or categories of recipients to whom your Personal Data have been or will be disclosed.
• Right to Rectification: You have the right to request the correction of inaccurate or incomplete Personal Data that we hold about you.
• Right to Erasure (Right to be Forgotten): You have the right to request the deletion or removal of Personal Data where there is no compelling reason for its continued processing, such as where the data is no longer necessary in relation to the purpose for which it was originally collected.
• Right to Restrict Processing: You have the right to request that we restrict the processing of your Personal Data under certain circumstances, such as when you contest the accuracy of the data.
• Right to Data Portability: You have the right to receive your Personal Data in a structured, commonly used, and machine-readable format and have the right to transmit that data to another data controller without hindrance from Growth Effekt, where technically feasible.
• Right to Object: You have the right to object to the processing of your Personal Data where we rely on legitimate interests as the legal basis for processing. You also have the right to object to processing for direct marketing purposes.

To exercise these rights, please contact us at contact@growtheffekt.com. We will respond to your request within the timeframes required by applicable law.

11. CAN-SPAM Act Compliance

Growth Effekt complies with the CAN-SPAM Act of 2003, which sets rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations. In compliance with the CAN-SPAM Act, our email communications will:

• Not use false or misleading header information.
• Include accurate information regarding the sender and the purpose of the email.
• Provide a valid physical postal address of our business.
• Include a clear and conspicuous explanation of how the recipient can opt out of receiving future emails from us.
• Honor opt-out requests promptly and without any further obligations from the recipient.
• Monitor third-party email marketing services for compliance with these requirements.

12. Security of Your Personal Data

Growth Effekt is committed to ensuring that your Personal Data is secure. We have implemented appropriate technical and organizational measures to safeguard and secure the information we collect online. These measures include, but are not limited to, encryption, secure servers, and restricted access to your Personal Data on a need-to-know basis. Despite our efforts to secure your Personal Data, no method of transmission over the Internet or electronic storage is entirely secure, and we cannot guarantee the absolute security of your data.

13. Third-Party Links

Our Website may contain links to other websites of interest. However, once you have used these links to leave our Website, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites, and such sites are not governed by this Privacy Policy. You should exercise caution and look at the privacy statement applicable to the website in question.

14. Changes to This Privacy Policy

Growth Effekt reserves the right to update this Privacy Policy at any time. When we do, we will revise the updated date at the top of this page. We encourage Users to frequently check this page for any changes to stay informed about how we are helping to protect the Personal Data we collect. You acknowledge and agree that it is your responsibility to review this Privacy Policy periodically and become aware of modifications.

15. Contact Information

If you have any questions, concerns, or comments about this Privacy Policy or our data practices, or if you wish to exercise your rights, please contact us using the information below:

Growth Effekt Sp. z o. o.
Słodowa Island 7, Third Floor
50-266 Wroclaw, Poland
Email: legal@growtheffekt.com

NIP: 8982298777
REGON: 526647562
Website: www.growtheffekt.com