Polski Bank Komórek Macierzystych S.A. (Polish Stem Cell Bank JSC) hereinafter referred to as the "PBKM" is an owner and an operator of www.pbkm.pl web service. The PBKM is responsible for a content of the web service and processing information gathered on it.
The controller of personal data of the web service users, including the customers of the on-line shop who have concluded a contract regarding stem cells collection and storage is the PBKM (29 Al. Jana Pawła II Street, 00-867 Warsaw, Poland).
In case of choosing the SwissSafety service (that enables to store a collected material in Poland and Switzerland), the data controller shall be also Famicord Suisse SA with a registered office in Switzerland, c/o Studio Fiduciario Pagani SA, Corso Pestalozzi 3, 6900 Lugano.
In case of acceding to a group life insurance contract offered to the PBKM customers, the data controller shall be the Towarzystwo Ubezpieczeniowe Allianz Życie Polska S.A. (Towarzystwo Ubezpieczeniowe Allianz Życie Polska JSC), 1 Rodziny Hiszpańskich Street, 02-685 Warsaw.
In case You chose the additional tests, the data controllers shall also be:
- Novogenia GmbH (Novogenia Ltd.) with a registered office in Austria, Saalachstrasse 92, 5020 Salzburg (within a scope of the screening test);
- Genomed S.A (Genomed JSC) with a registered office in Warsaw at 12 Ponczowa Street (within a scope of the molecular genetic test).
Data Protection Officer
The PBKM has appointed the Data Protection Officer (Agnieszka Wiercińska-Krużewska) and a deputy DPO (Karolina Miksa). You can contact the Data Protection Officer via e-mail message under the address: firstname.lastname@example.org.
Data Collection Policy
The www.pbkm.pl web service processes personal data according to the applicable law provisions, in particular pursuant to 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 (the “GDPR”). Any inquires submitted to us shall be processed while observing confidentiality and keeping a trade secret. The personal data and electronic mail addresses shall not be used for any other purpose than providing an answer to the submitted inquiry or a conclusion and a performance of the contract with the PBKM.
In particular, personal data shall neither be used for transferring commercial information in the future to the other services than these directly connected with the submitted inquiry nor transferring it to the third persons unless the user gives a consent for receiving commercial information and/or for the other forms of the contact.
Purpose and legal basis of data processing
Processing of personal data shall take place:
- for a compliance with contractual obligations (Art. 6 section 1(b) of the GDPR)
Data is processed for the purpose of conducting an activity by the PBKM within the frames of a performance of the contracts concluded with the customers or for the purpose of a performance of the activities prior to a conclusion of the contract, which are carried out upon customer’s request. The data processing is necessary to qualify, prepare and store the collected biological material.
Data is also processed in order to create a user’s account in the on-line shop and process a contract concluded with the PBKM through the on-line shop.
- on the basis of an explicit consent (Art. 6 section 1(a) and Art. 9 section 1(a) of the GDPR)
A conclusion of the contract on a qualification, a preparation and a storage of the collected biological material is connected with a necessity of processing data concerning health, which constitute a special category of personal data. Health data and information processed to store biological material for public purposes in public bank are processed on the basis of the consent.
On the basis of the consent we also process personal data for the e-mail or phone contact in order to present a commercial offer.
A consent may be withdrawn at any time. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.
- for a compliance with the legal obligations (Art. 6 section 1(b) of the GDPR) or for the performance of the tasks carried out in the public interest (Art. 6 section 1(e) of the GDPR)
As the umbilical cord blood bank and a healthcare institution we are subjected to a number of the legal obligations, i.e. the requirements resulting from, e.g. the Act on Patient’s Rights and the Ombudsman of Patient`s Rights and the Act on Collection, Storage and Transplantation of Cells, Tissues and Organs.
- for the purposes of the legitimate interests pursued by the PBKM or the third party (Art. 6 section 1(f) of the GDPR)
If needed, we process data for the purpose of a protection of our own legitimate interests or legitimate interests of the third parties. The examples of the aforementioned include:
- processing of the users inquires and a contact with the potential users,
- customer satisfaction research,
- pursuing claims and defending against claims,
- direct marketing of products and services,
- ensuring safety of the biological material,
- ensuring IT security, in that the functionalities of the web service.
Recipients of personal data
Personal data can be made available to other recipients in order to perform the contract, meet a legal obligation of the PBKM, on the basis of your consent or for the purposes arising from the legitimate interests of the controller or the third party.
The recipients may be in particular as follows: the authorised employees of the business information office, credit and payment institutions, and the legal office rendering its services to the benefit of the PBKM, the courier company that delivers the contract.
Furthermore, data can be transferred to the processors that process personal data on behalf of the controller and their authorised employees, whereas these entities process data on the basis of the contract with the PBKM, as well as in accordance with the instructions, and provided that confidentiality is kept and an appropriate level of personal data security is maintained.
If you choose:
- SwissSafety service, data shall be made available to the Famicord Suisse company, for the purposes of the performance of the concluded contract. The Information Clause considering data processing by Famicord Suisse is included in the contract concluded with this company;
- an accession to the group life insurance, your data shall be made available to Allianz Życie Polska S.A. The information clause regarding the processing of personal data by TU Allianz is available in the Declaration of accession to the insurance contract;
- a performance of the screening test, your data shall be made available to Novogenia GmbH in order to conduct a test. The information clause regarding the processing of personal data can be found on the website of the company;
- a performance of the molecular genetic test, your data shall be made available to Genomed S.A. The information clause regarding the processing of personal data can be found on the website of the company.
Retention period of personal data
Personal data shall be processed for the period necessary for the purposes of the processing, in particular:
- within a scope of the performance of the contract concluded with the PBKM – until its completion, and thereafter for the period required by law or for the execution of any potential claims;
- within a scope of the fulfilment of the legal obligations imposed on the PBKM arising from conducting the activity and the performance of the concluded contracts – until a completion of these obligations by the PBKM;
- within a scope of direct marketing on the basis of a consent until the consent for such processing has been withdrawn;
- until the PBKM’s legitimate interests that gave rise to the processing have been fulfilled or until you object to the processing unless there are legitimate grounds for further processing.
Rights of data subjects, whose data is transferred to the PBKM
A data subject, whose data is processed by the PBKM has a right:
- to access to the personal data and its rectification, restriction of processing or erasure,
- to the extent that processing of personal data is based on your consent, to withdraw at any time the prior consent given to the processing of your personal data,
- to object at any time to the processing of your personal data for the reasons relating to your particular situation where the PBKM processes the data for the purposes based on its legitimate interests (Article 21(1) of the GDPR);
- to request the transfer of your personal data processed for the purpose of concluding and performing the contract or processed on the basis of the consent. The transfer shall involve the receipt of your personal data from the PBKM in a structured, commonly used and machine-readable format and the transmission of such data to another controller. The right to transfer data shall not apply to data that constitute a business secret;
- to file a complaint with a supervisory authority, i.e. with the President of the Office for Personal Data Protection, if the processing of your personal data is found to violate the provisions of the law.
Necessity to transfer personal data
A provision of personal data is voluntary; however, it may be necessary to conclude and perform the contract or to deposit biological material for public purposes in public bank.
In case of data processing for the marketing purposes, the provision of personal data may be necessary to receive marketing information.
Source personal data originate from
First of all, data collected by the PBKM originate directly from the customers. Data processed for the marketing purposes can be also acquired within the frames of the marketing actions carried out on behalf of the PBKM by the third parties.
Transferring data to the third party
When You chose the SwissSafety service, data shall be transferred to the Famicord Suisse company with a registered office in Switzerland. The European Union has recognised Switzerland as a country ensuring an adequate level of the personal data protection.
About cookie files
The www.pbkm.pl web service collects automatically only information contained in the cookie files. The cookie files (also called web cookies) constitute digital data, in particular they are text files stored on the user’s end device (computer, phone, tablet, etc.) and are intended to use the web pages of the web service. The cookie files usually contain the name of the website they originate from, time of storage on the end device and a unique number.
The cookie files may be used for the purpose of (i) an adjustment of a content of the web sites to the user’s preferences and an optimisation of the websites use; in particular the files allow for recognising the user’s end device and appropriately displaying the website content adjusted to its individual needs; (ii) creating statistics, which help understand how service users make use of the websites, which allows for an improvement of their structure and content; (iii) maintaining a session of the website users (upon logging in) thanks to which the users do not have to re-enter their login and password on each subpage of the web service.
There are distinguished two essential types of cookie files: session cookies and persistent cookies. Session cookies are temporary files stored on the user’s end device until they log off, leave the website or turn off their software (website browser). Persistent cookies are stored on the user’s end device for a specified period of time within the cookies’ parameters, or until their erasure by the user.
There are used the following types of cookies: (a) essential cookie files, that enable to use the services, e.g. authorising cookies used for the services requiring an authentication within the frames of the web service; (b) cookie files, which serve for providing safety, e.g. used to detect unauthorised access to the web service; (c) efficient cookies, allowing for a collection of information on how the service’s websites are being used; (d) functional cookies allowing for saving the users’ settings and a personalisation of the user’s interface, e.g. within a scope of a chosen language or a user’s region, font size, website layout, etc.; (e) advertising cookies allowing for a delivery of the adjusted advertising content to the users matching their interest.
Blocking or restricting cookie files by the user
In many cases, software for browsing the websites (web browser) by default allows for storing cookie files on the user’s end device. The users may change the settings of cookie files at any time, in particular there is a possibility to block cookie files in the web browser settings on the user’s end device so that fail to be stored on it or enforce to inform the user each time when a cookie is placed on their device. The detailed information about a possibility and manners of dealing with cookies can be found in the software settings (web browser).
Nevertheless, you should remember that disabling cookie files may have an impact on correctness and/or quality of functioning and convenience in respect of a use of some web sites of the web services, in that the www.pbkm.pl web service. In particular, some web services may cease to function therefore we do not recommend to disable cookie files.
Cookie files of the third parties
The www.pbkm.pl web service uses, in particular Google statistics and cookie files in order to evaluate effectiveness of our actions and advertising campaigns, as well as to asses effectiveness of a traffic analysis at www.pbkm.pl website. Google cookie files can be in particular placed on the user’s computer upon clicking or viewing an advertisement. These cookie files do not contain any personal data or contact details. They are placed for the purpose of a measurement of effectiveness of a concerned advertisement and an identification if the given advertisement resulted in taking a desired action by the user at www.pbkm.pl website. The detailed information regarding the methods of using information gathered thanks to cookie files by Google is available on the website of the Google Privacy Centre. We also recommend a website of the Ad Settings.
The third parties (external providers), including Google, can display advertisements published by the PBKM on the websites that make available their advertising space. These providers, including Google, can use cookie files or use the Web beacon graphic images in order to gather information on the websites and then display advertisements on the basis of the previous user’s visits on the web pages of www.pbkm.pl web service or the other websites associated with the PBKM, as well as the other websites. There is a possibility to disable this option and block Google cookie files on the website of the Google Privacy Centre.
The PBKM may conduct advertisement campaigns on the basis of the user’s previous visits on the www.pbkm.pl website, as well as on the basis of the available statistical information about the user’s interests determined on the basis of the previously visited websites in order to present its offer to the user or attract the user to revisit the www.pbkm.pl website. The advertisements shall neither contain any user’s personal data nor unequivocally suggest that the user has executed a specified action on the www.pbkm.pl website.
In particular, the PBKM may use a function of the dynamic ad display that uses a Teracent cookie file in its campaigns, and you may disable this permit on the Teracent, website. The PBKM may also use the DoubleClick pixels for remarketing that can be disabled on the DoubleClick website or the Network Advertising Initiative website. The persons particularly interested in the privacy protection issues and the possibilities to restrict collecting information about the website users by the advertisers are recommended to visit the Network Advertising Initiative website.