Airly respects personal data of the Airly mobile app users, and fulfils conditions deriving from the law, especially from the 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 (GDPR). Airly cares about the security of the data of Airly app users, using appropriate technical, logistical, administrative and physical protection measures. Airly ensures that its employees and contractors were given training in protection of personal data.
Personal data controller
The controller of your personal data is Airly sp. z o.o. with its registered office in Kraków, ul. Mogilska 43, 31-545 Kraków.
Contact details of the controller
You can contact the data controller by:
- postal address: ul. Mogilska 43, 31-545 Kraków
- e-mail address: firstname.lastname@example.org
Categories of personal data
1) Data obtained directly from the user of the Airly app.
Airly is the controller of your personal data that you have provided directly in relation to your use of the Airly mobile app features. These include the following data:
- e-mail address;
- data you provided in an email sent to Airly;
- location data;
- information regarding your request to receive marketing notifications;
- information regarding your request to receive notifications concerning job offers and current recruitments.
Providing the above mentioned data is voluntary, but necessary for all purposes mentioned below.
You can modify your location sharing settings and withdraw the consent to receive marketing and/or job offers (and current recruitments) notifications at any time.
2) Data received by Airly from third parties.
Airly may also be considered as the controller of the personal data you provided to the operator of the system you use to enjoy the Airly app, eg. Android (Google). This may include data such as your IP address or your device identifier. Despite being considered as the data controller, Airly has no direct access to this data, meaning the data are not visible to Airly. However, the processing of this data is necessary to enable the proper functions of the Airly mobile app.
Airly may also have access to data that may (but not necessarily) be considered personal data. In order to maintain, improve and develop the app, and to customize some of the app content to your preferences, Airly uses information received through or provided by third parties tools, with similar functions to cookies. This may include information such as the identifiers of the mobile devices you use, the language of the device, the time the app is opened, and other data you have provided to the entity that owns such a tool (see below for more details about tracking tools).
Providing this data is voluntary and does not affect your ability to use the Airly mobile application. The rules for sharing the concerned data are defined by the entities that own such tools (see below for more details on tracking tools).
Purposes and legal basis for the processing of personal data
Your personal data may be processed for the purpose of:
1) Performing a contract or taking an action at your request prior to the conclusion of a contract, and for the purpose of pursuing claims under the contract (Article 6(1)(b) and (f) GDPR).
Airly processes your personal data to enable you to fully enjoy all the features of the Airly mobile app. Information, such as e.g. the fact of downloading the application and providing you with relevant content, may also be processed after the contract expiration (uninstallation of the app), among others, in the event of Airly being accused of incorrect performance of its obligations.
2) Providing you, upon your request, with information about the state of air quality at your location, which is in the exercise of Airly’s legitimate interest (Article 6(1)(f) GDPR).
At your request, Airly processes geo-location data to allow you to see the status of air quality at your location in the Airly app.
At your request, Airly can also send you PUSH notifications about the air quality status at your location.
At your request, Airly allows you to use a widget service that keeps you updated on the air quality status at your location even when the app is not active or running in the background.
In any case, sending notifications and access to geo-location data is voluntary and takes place with your consent, which can be withdrawn at any time, without prejudice to the use of other application functions.
3) Direct marketing activities through the information channel of your choice, which are in the exercise of Airly’s legitimate interest (Article 6(1)(f) GDPR).
At your request, Airly may send you PUSH notifications to inform you of Airly’s current promotions, products and services.
At your request, Airly may send you PUSH notifications to inform you of Airly’s current promotions, products and services, dedicated to your location.
In any case, sending notifications and the access to the geo-location data is voluntary and takes place with your consent, which can be withdrawn at any time, without prejudice to the use of the other application functions.
4) Providing (with your consent) information regarding job offers and current recruitments conducted by Airly (Article 6(1)(a) GDPR).
At your request, Airly may send you PUSH notifications to inform you of Airly job openings and current Airly recruitments relevant to your location.
Sending notifications and access to the geo-location data is voluntary and takes place with your consent, which can be withdrawn at any time, without prejudice to the use of the other application functions.
5) Contacting you, at your request, and responding to your questions, which are in the exercise of Airly’s legitimate interest (Article 6(1)(f) GDPR).
Airly allows you to send inquiries and suggestions for improvements to the app via email and will process the email address you provide for this purpose.
6) Maintaining, improving and developing the application and customizing some of the app content to your preferences, which are in the exercise of Airly’s legitimate interest (Article 6(1)(f) GDPR).
Airly processes information that may (but not necessarily) be considered personal data, using third-party-provided tools that perform similar functions to cookies to maintain, improve and develop the app, and to customize some of the content to your preferences.
How Airly collects your personal data?
Airly has direct access only to the personal data you have provided.
Some of the information about you that may (but not necessarily) be considered personal data is processed by Airly through the use of tools that perform similar functions to cookies, provided to Airly by third-party providers (referred to below).
Tracking tools and automated decision-making
Airly uses the Firebase Analytics tool provided by Google LLC, which performs similar functions to cookies. In order to maintain, improve and develop the app, and to customize some of the app content to your preferences, Airly uses information provided by Firebase Analytics. This information may include the identifiers of the mobile devices you use, the language of the device, the time the app is opened, and other data you have provided to Google.
Airly is not able to recognize your identity from the data provided by Firebase Analytics.
Data regarding your location may be used for the purpose of automated decision making, consisting in:
- sending information regarding the current quality of air pollution in your location;
- sending information of a marketing nature, dedicated to your location;
- sending information regarding job offers and current recruitments conducted by Airly.
In any case, automated decision making for the purposes referred to above depends on your consent, which may be withdrawn at any time, without prejudice to the use of the other application functions.
Categories of the recipients of personal data
Your personal data may be processed by entities such as:
- Airly’s employees and/or contractors;
- legal and/or accounting services providers;
- hosting and/or cloud computing services providers;
- e-mail service providers;
- Software as a Service providers enabling Airly internal communication, project and task management;
- providers of tools that perform similar functions to cookies.
Recipients of personal data outside European Economic Area
In order to enable you to use the app, communicate with Airly, send you notifications upon your request, and maintain, improve and develop the app and customize some of its content to your preferences, Google LLC, which is an entity located outside the European Economic Area (EEA), may be a recipient of your personal data.
In order to efficiently fulfill your requests related to the app's performance, Airly uses Slack, a tool owned by Slack Technologies, Inc. which is an entity located outside the European Economic Area. The only information about you that may be processed using Slack is your e-mail address
Airly transfers personal data to recipients outside the European Economic Area (so-called recipients from third countries) with the principles set out in Chapter V of the GDPR. In connection with the above, the transfer of your personal data to a third country may take place on the basis of the following legal mechanisms:
- standard contractual clauses – Airly transfers personal data to entities outside the EEA that have committed to use standard contractual clauses and ensure an adequate level of security of the personal data received. There are currently three decisions by the European Commission on standard contractual clauses: (i) Decision 2001/497/EC; (ii) Decision 2004/915/EC; (iii) Decision 2010/87/EU. The content of all decisions is available in the Database of European Union legal acts at http://eur-lex.europa.eu;
- performance of the contract – in some exceptional cases, when the recipient of the data from the third country has not committed to the application of standard contractual clauses, your data may be transferred if it is necessary for the performance of the contract between you and Airly or for the implementation of pre-contractual measures taken on your request;
- your consent – if none of the above grounds for transferring data to a recipient outside the EEA is applicable, Airly will transfer your data to a third-country recipient only with your express consent. However, we would like to inform you that in this case there is a risk of not ensuring adequate protection of your personal data, in connection with their transfer to a recipient outside the EEA.
Period of personal data storage
Your personal data will be processed:
- no longer than until the execution of the agreement (i.e. until you uninstall the Airly app), and after its execution until the expiry of the statute of limitations for claims related to the agreement (as a rule, a three-year statute of limitations);
- in case of processing of personal data for the marketing purposes, until such processing is objected to (Article 21(1) of the GDPR) or until the withdrawn of the consent to receive information of a marketing nature;
- where the processing of personal data is based on your consent or permission (e.g. processing of your geo-location data) - until it is withdrawn.
Rights of the data subject
You have the right to:
- access to personal data – you can obtain information on, inter alia, what personal data are processed by Airly, for what purposes, to whom they are made available, for what period of time they are processed, etc;
- rectify and delete the personal – you may request your data to be corrected if they are found to be inaccurate. You may also request the erasure of your personal data, inter alia, if the purpose of the processing ceases to exist or you have withdrawn your consent to the processing;
- restrict personal data processing – in certain situations (e.g. where you have alleged that your data is inaccurate) you may request that Airly restricts the processing of your personal data, in which case Airly will no longer process your data for any purpose other than the data storage;
- object to processing – in certain situations (e.g. where processing is based on a legitimate interest of the controller) you may object to the processing of your personal data;
- transmission of personal data – you may request to receive your personal data in a structured, commonly used, machine-readable format and to have that data sent to another controller. The above applies when data are processed upon your consent (Article 6(1)(a) GDPR) and/or upon contract (Article 6(1)(b) GDPR) and the data are processed by automated means;
- Lodge a complaint to the President of the Office for Personal Data Protection – in the event of a breach by Airly of the processing of your personal data, you may lodge a complaint with the relevant authority.
You may contact Airly with any request to exercise your rights by email or postal address shown at the beginning of this document or by other means of your choice.
Details on how to file a complaint with the President of the Office of Personal Data Protection can be found at: https://uodo.gov.pl/pl/p/kontakt.