Privacy
MotoGems Privacy Policy
Last Updated: 10.03.2025
We respect your privacy and are committed to protecting your personal data. This Privacy Policy provides you with information on how we process your personal data, what rights you have, and how applicable legal regulations protect your data.
Translation Disclaimer
This translation of the MotoGems Privacy Policy is provided for informational purposes only and to facilitate understanding. In the event of any discrepancies, the original Polish version shall be legally binding and shall take precedence over this translation.
Any disputes, interpretations, and enforcement of the Privacy Policy will be based exclusively on the Polish version of the document.
Please read this Privacy Policy carefully before using our services.
TABLE OF CONTENTS:
• Who Are We?
• What Data Do We Collect About You?
• Do We Collect Data from Children?
• Why Do We Process Information About You?
• How Will We Inform You About Changes to Our Privacy Policy?
• Your Rights
• Communication and Marketing
• Who Do We Share Your Data With?
• Transfer of Data to Third Countries
• Where and for How Long Do We Store Your Data?
• Technical and Organizational Measures & Data Security
• Links to Third-Party Websites
• Contact
• Supervisory Authorities
This Privacy Policy applies to all products, services, content, functionalities, technologies, or features and to all related websites, mobile applications, mobile sites, or other online services or applications that we offer (collectively referred to as the “Services”).
Who Are We?
The primary controller of your personal data in connection with the provision of our international services is MotoGems Spółka z ograniczoną odpowiedzialnością.
MotoGems Sp. z o.o., headquartered in Jelenia Góra, 58-500 Jelenia Góra, ul. Kalinowa 9, is registered in the Register of Entrepreneurs maintained by the District Court for Wrocław-Fabryczna in Wrocław, 9th Commercial Division of the National Court Register (KRS) under KRS number 0001145130, with the tax identification number (NIP) 6112838987, REGON: 54044393700000, and a share capital of PLN 5,000.00.
You can contact MotoGems via:
• Email: hello@motogems.com
• Helpdesk24 form (available after logging in)
• Other communication channels available on the MotoGems platform
For services provided in specific local countries, personal data may also be processed by our local branches or partners, operating in compliance with local legal regulations.
You can find our current contact details in Section 13 of this Privacy Policy.
2. What Data Do We Collect About You?
Data Provided Directly by You
Registration and Account Information
When registering to use MotoGems services, we may collect the following information:
Registration via Facebook:
• Full name (as provided on the Facebook account),
• Facebook ID,
• Profile picture URL,
• (Optional, with your consent): Gender, age, and email address.
Registration via Google:
• Full name,
• Email address,
• Google profile picture URL.
Registration using an email address:
• Email address.
Providing this data is necessary to use the services within the MotoGems account.
Additional Personal Data Voluntarily Provided
• Full name,
• Email address,
• Mobile phone number,
• Payment details (e.g., credit card details: cardholder’s name, expiration date, card type, and last four digits of the card number),
• Billing details (e.g., address, tax identification number for invoices).
Some of this data is required to access specific platform functionalities.
Data Related to Violations of the Regulations
In case of suspected violations of the MotoGems Regulations, we may request additional information, such as a shipment tracking receipt. This data is processed based on our legitimate interest in ensuring the security and integrity of the platform.
Surveys and Usability Testing
To improve our services, we may invite you to participate in surveys or usability tests. The data collected may include:
• Contact details (e.g., email, phone number),
• Information voluntarily provided in survey responses.
Chat Communication Within the Platform
We collect the content of messages sent via the chat feature. These messages are stored in your account for 6 months, after which they are permanently deleted.
Phone Contact and Correspondence
We collect information you provide during phone or email communication. Phone calls may be recorded for evidence and training purposes. If you do not consent to call recordings, you may use alternative communication methods.
Use of Contact Forms
If you fill out contact forms to request an offer or make an inquiry, we collect the data submitted in the forms.
Data Collected Automatically When Using Our Services
Device Data:
• Operating system version,
• IP address,
• Device language settings,
• Device brand and model,
• Browser type and version.
Location Data:
With your consent, we may process device location data (IP address, GPS, Wi-Fi, cell towers) to enhance features such as browsing listings nearby.
Login and Activity Data:
• Login details (e.g., registration date, password changes, last login),
• Information about visited pages, searches, interactions with ads and listings.
Cookies:
We use cookies for the following purposes:
• Session management,
• Analytics and research,
• Displaying personalized advertisements.
You can manage your cookie settings in your browser settings.
Data Collected from Third Parties or Public Sources
• Data from information providers, such as business intelligence agencies,
• Data from public registers (e.g., CEIDG, CEPIK),
• Data from other users regarding reviews and ratings.
Vehicle Data:
During the verification of advertisement details, we may use information from the CEPIK database, such as:
• VIN number,
• Vehicle history.
3. Do We Collect Data from Children?
Our Services are not intended for children under the age of 16, and we do not knowingly collect information about them. If we become aware that a person under 16 years old has provided us with their personal data, we will take immediate steps to delete it.
4. Why Do We Process Your Information?
We process your personal data only when it complies with applicable legal regulations. The most common reasons for data processing are:
Contract Performance:
Processing your data is necessary to enter into or perform a contract for electronic services that you accept when using our Services.
Legitimate Interests:
We process data when necessary to pursue our legitimate interests, such as:
• Direct marketing,
• Service improvement,
• Ensuring platform security.
We ensure that our interests do not override your rights and freedoms.
Legal Obligations:
Processing data may be required to comply with legal obligations imposed on us.
Your Consent:
In some cases, we process your data based on your consent, which you may withdraw at any time.
Purposes of Data Processing
1. Providing Access and Services
We process data such as name, email address, phone number, and identifiers from Facebook or Google accounts to:
• Identify you as a platform user,
• Provide access to the platform,
• Deliver services in accordance with the Terms and Conditions.
2. Processing Payments
For paid services, we use external payment service providers. Data such as credit card number or billing information is processed solely for payment processing. This data is securely transmitted in encrypted form and is not stored unless you explicitly consent to saving it for future transactions.
3. Personalization and Recommendations
We use data on your search history and purchasing preferences (e.g., vehicle brand, price range, fuel type) to:
• Customize search results,
• Generate personalized offers.
This processing is based on your consent or our legitimate interest.
4. Service Development and Data Analysis
We process data on your activity (e.g., clicks, time spent on the platform) to:
• Analyze service performance,
• Improve functionalities,
• Develop new tools and features.
5. Ensuring Platform Security
We process login data, unique device identifiers, and communication content to:
• Prevent misuse,
• Detect and eliminate fraud,
• Ensure user security.
6. Handling Inquiries and Complaints
We use your contact details and interaction history to:
• Process inquiries,
• Enhance customer support quality.
7. Process Automation and Machine Learning
We use your data (e.g., ad content, images, prices) to:
• Train machine learning algorithms,
• Automate offer recommendations.
Processing in these cases is based on our legitimate interest in improving our services.
Sharing Data with Partners
Through the MotoGems platform, you may choose to share your data with our partners (e.g., financial or insurance service providers) to facilitate their offers. Partners act as independent data controllers and process data in accordance with their own privacy policies.
Sharing your data with partners requires your explicit consent, and the data is processed only for its intended purpose.
5. How Will We Inform You About Changes to Our Privacy Policy?
We may update or modify this Privacy Policy. Any changes will be published on this page, and we may also notify you via email or in-service notifications.
If you do not accept the changes, you have the option to close your account using the relevant settings in your user profile.
6. Your Rights
Data protection laws grant you certain rights regarding the processing of your personal data. The extent of these rights depends on the nature of the data processing.
Exercising Your Rights
You can exercise your rights by using the available features in your MotoGems account settings or by contacting us via the contact form.
To ensure the security of your personal data, requests to exercise your rights must be submitted through your MotoGems account, allowing us to verify that the request is coming from you.
Your Rights Include:
Right to Access Personal Data
You have the right to know whether we process your personal data and to obtain a copy of it. This allows you to verify whether we process your data lawfully.
Right to Rectification of Data
You may request corrections to incomplete, inaccurate, or outdated data. In some cases, we may require verification of the accuracy of the new data.
Right to Restrict Processing
You may request that we suspend data processing in the following situations:
• You want us to verify the accuracy of the data,
• The processing is unlawful, but you do not want the data deleted,
• The data is needed for establishing, exercising, or defending legal claims,
• You have objected to processing, and we need time to assess the legitimacy of the objection.
Right to Erasure (“Right to Be Forgotten”)
You may request deletion of your data if:
• It is no longer needed for the purposes for which it was collected,
• You have exercised your right to object to processing,
• The data was processed unlawfully,
• Deletion is required by law.
Note: In some cases, we may be legally required to continue storing certain data (e.g., to comply with legal obligations).
Right to Object to Processing
You can object to processing if it is based on our legitimate interest, and your specific situation justifies the objection.
You can also object to processing for marketing purposes at any time.
Right to Data Portability
You may request that we transfer your data to you or a third party in a structured, machine-readable format, provided that:
• The data is processed based on your consent or a contract, and
• The processing is carried out automatically.
Right to Withdraw Consent
If you have given consent for data processing, you have the right to withdraw it at any time. Withdrawal of consent does not affect the lawfulness of processing carried out before the withdrawal.
Costs of Exercising Your Rights
In most cases, exercising your rights is free of charge. However, if a request is manifestly unfounded or excessive, we may:
• Charge a reasonable fee, or
• Refuse to process the request.
Response Time for Requests
We strive to respond to your request within one month. If processing your request requires more time, we will inform you of the reason for the delay.
Right to File a Complaint
You have the right to file a complaint with the competent data protection authority.
Before submitting a complaint, we encourage you to contact our support team, so we can resolve your concerns.
7. Communication and Marketing
We may contact you via phone, email, SMS, or in-service notifications for the following purposes:
• Confirming your registration,
• Providing updates on the status of your listings (activation, expiration),
• Other transactional messages related to our Services.
These forms of communication are necessary for the execution of the contractual agreement, and you cannot opt out of receiving them without discontinuing the use of our Services.
Service-Related Communication
If you use our Services in accordance with the Terms and Conditions, we may send communications that are an integral part of the ordered service to your registered email or phone number.
You can limit or opt out of receiving such messages by contacting us via the contact form.
Communication Upon Your Request
If you submit an inquiry via the platform or any other available communication channel, we will use the provided data to:
• Respond to your question,
• Provide requested information,
• Offer assistance.
If no contact details are provided, we may use existing data from our system, provided that we process it for other purposes.
Participation in Services for Other Users
If the execution of a service for another user requires your participation (e.g., making a vehicle available for inspection), we may contact you based on the data we process to coordinate the details.
You may object to this type of communication.
Service Quality Evaluation
We may contact you to gather feedback on the quality of our Services, including evaluations of user-to-user communication.
These actions are occasional and aim to enhance the platform’s development.
You can object to this form of communication at any time.
Contact Forms
If you submit your contact details, even as an unregistered user, we may use them to:
• Respond to your inquiry,
• Present a commercial offer,
• Identify the sender.
Marketing Communication
You may receive marketing messages if:
• You have given consent to receive them,
• You have provided your contact details for this purpose,
• You have requested to receive such messages.
We may use your email address and phone number to send service proposals and recommendations.
The legal basis for this processing is our legitimate interest in promoting our Services.
You can unsubscribe from marketing communications at any time by:
• Clicking the unsubscribe link in an email or SMS,
• Changing your notification settings in your MotoGems account,
• Contacting us via the contact form.
B2B Communication
If we have obtained your contact details from publicly available sources or third parties, we will:
• Inform you about the processing of your data,
• Obtain your consent for marketing communications,
• Provide an option to object to further processing for marketing purposes.
These marketing activities are carried out based on our legitimate interest in promoting our Services and fostering business partnerships.
8. Who Do We Share Your Data With?
To achieve the purposes outlined in Section 4 of this Privacy Policy, we may share your personal data with the following categories of recipients:
1. Affiliated Companies
Your data may be shared with other entities affiliated with MotoGems, including companies based outside the European Economic Area (EEA). This applies to activities related to:
• Product improvements,
• Customer support,
• Fraud detection mechanisms.
Any data transfers outside the EEA are carried out in accordance with applicable laws and safeguards, such as the use of standard contractual clauses (SCCs).
2. Third-Party Service Providers
We rely on third-party providers to help us deliver, maintain, and improve our Services. These providers process data on our behalf only in accordance with our instructions.
Here are the main categories of recipients and examples of providers:
Payment Service Providers
Your data (e.g., full name, phone number, email address, credit card details) may be shared with payment processors, such as:
• PayU S.A.
• Stripe, Inc.
Data Storage Providers
Your data may be stored on servers managed by service providers, such as:
• dhosting.pl Sp. z o.o.
Analytics and Marketing Tool Providers
Non-identifiable information may be shared with providers such as:
• Google Analytics 360
3. Marketing and Analytics Providers
We may share anonymized data with marketing and analytics service providers who help us analyze how users interact with our Services. This information also supports advertising and marketing efforts for MotoGems.
4. Law Enforcement and Public Authorities
If legally required, we may disclose your data to law enforcement agencies, regulatory authorities, or other authorized public entities.
5. Financial Partners
If you apply for a financing offer, your data (e.g., name, phone number, email address, estimated budget, expected installment amount) may be shared with your chosen financial partner to provide a tailored offer.
In such cases, financial partners act as independent data controllers, processing your data in accordance with their own privacy policies.
6. New Owners in Case of Mergers or Acquisitions
In the event of a sale or merger of MotoGems with another company, your personal data may be transferred to the new owner. The new owner will be required to process your data in accordance with this Privacy Policy.
7. Other Users of the Platform
In certain situations, your data may be visible to other users, such as:
• Your contact details in advertisements, if you choose to disclose them,
• Your location in advertisements, if you provide consent,
• Data shared through communication features, such as the chat function.
9. Transfer of Data to Third Countries
When transferring data outside the European Economic Area (EEA), we ensure an adequate level of protection through the following measures:
• Transferring data to countries approved by the European Commission as providing an adequate level of data protection.
• Using European Commission-approved contractual clauses that guarantee a level of personal data protection equivalent to that of the EU.
For more details on these safeguards, you can contact us via the contact form.
10. Where and For How Long Do We Store Your Data?
Your personal data is stored and processed within the EEA and outside of it on secure servers to ensure the highest quality of service, including fast website loading and mobile app development.
MotoGems user data is stored on servers provided by:
dhosting.pl Sp. z o.o., Al. Jerozolimskie 98, 00-807 Warsaw, Poland
NIP: 7010198361, REGON: 141998822, KRS: 0000336780
Data Retention Periods
We store your data only as long as necessary for the purposes for which it was collected, including:
• Providing services: Data is stored for the duration of your MotoGems account.
• Legal obligations: Data is stored for as long as required by applicable laws, including tax and accounting regulations.
• Fraud prevention: Data may be stored for up to 14 months after account deletion to prevent fraud and maintain security.
Once your account is deleted, your data will be either erased or anonymized, unless further storage is required by law.
Specific Retention Periods:
• CEPIK report data: Stored for 9 months after the advertisement expires, with partial retention for 30 years for historical analysis.
• Cookies: Stored for the lifetime of the cookie or until manually deleted by the user.
If you have any questions about retention periods, contact us via the contact form.
11. Technical and Organizational Security Measures
To protect your data, we have implemented appropriate technical and organizational measures, including:
• Storing data on secure servers protected by advanced security mechanisms.
• Encrypting payment data using SSL technology.
• Regular security tests, audits, and updates to our security procedures.
Despite our efforts, transmitting data over the Internet always involves some level of risk. We encourage users to exercise caution when using our Services.
12. Links to Third-Party Websites
The MotoGems platform may contain links to third-party websites or applications. Each of these websites has its own privacy policy, for which MotoGems is not responsible.
We strongly recommend that you review the privacy policies of any third-party websites you visit.
13. Contact
For additional information or to exercise your data protection rights, you can contact us:
• Via the contact form available in the MotoGems platform.
• By mail at:
MotoGems Sp. z o.o., ul. Kalinowa 9, Jelenia Góra 58-500, POLAND.
14. Supervisory Authorities
If you believe that your data is being processed unlawfully, you have the right to file a complaint with the relevant data protection authority:
• In Poland:
President of the Office for Personal Data Protection (UODO)
ul. Stawki 2, 00-193 Warsaw, Poland
• For international cases:
The appropriate data protection authority in your country of residence.
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