- General provisions
Based on Article. 8 clause 1 of the Act, the Operator publishes these Regulations for the electronic provision of contact form services and the newsletter, which specifies:
a) the rules for the functioning of the Website and the use of services provided electronically available on the Website, including in particular the rights and obligations of the Operator and Users,
b) the scope and types of services provided electronically on the Website,rules for the protection of Users' personal data.
Users are required to read the contents of these Regulations before using the Services and comply with the provisions of the Regulations from the moment of its acceptance.
The operator is required to provide services electronically in accordance with the Regulations and the Act.
The Operator provides the Users with the Regulations free of charge before the conclusion of the contract for the provision of electronic services and provides each User with full access to the content of the Regulations in a way that ensures its downloading, reproduction and recording using the IT system used by the Users.
The provisions of the Regulations that have not been made available in the manner indicated in paragraph 4 above shall not bind Users.
Users are obliged to consent to the provision of Services on the principles set out in the Regulations by selecting the appropriately visible element of the form on the Website that reads "I accept the Regulations for the provision of electronic services".
Lack of familiarization with the Regulations and lack of its acceptance prevents the use of the Services.
The terms used in these Regulations have the following meanings:
Electronic address - designation of the ICT system enabling communication by electronic means of communication, in particular electronic mail (email address);
Operator - an entity that owns and manages the Website, i.e., EFEKT PMO Karol Czapik., NIP: 628-208-46-88, REGON 381414858, phone: 535 - 125 - 155, email: firstname.lastname@example.org
Regulations - these Regulations for the electronic provision of contact form services and the newsletter, which sets out the rules for the use and functioning of the Website and the rights and obligations of the Operator and Users, including the conditions for providing services on the Website;
GDPR - Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46 / EC (General Protection Regulation data).
Website - a website managed and maintained by the Operator, located at www.efektpmo.pl, as well as other appropriate Internet addresses at which the Operator runs the Website;
ICT system - a set of cooperating IT devices and software, ensuring processing and storage, as well as sending and receiving data through telecommunications networks using a terminal device appropriate for a given type of telecommunications network within the meaning of the Act of 16 July 2004 - Telecommunications Law;
Provision of services by electronic means - performance of the Service, followed by sending and receiving data using information systems, at the individual request of the User, without the simultaneous presence of the parties, the data being transmitted using public networks within the meaning of the Telecommunications Law;
Services - services provided by the Operator via the Website using an ICT system consisting in enabling Users to use the contact form and the newsletter in accordance with these Regulations;
Act - the Act on the provision of electronic services - the Act on the provision of electronic services of July 18, 2002 (Journal of Laws No. 2017.1219 of June 24, 2017);
User - a natural person, legal entity or organizational unit without legal personality, using the Services provided by the Operator using the Website and who has successfully registered to use the Service by completing one of the appropriate forms on the Website.
- Services provided electronically
- Through the Website, the Operator provides the following Services, which are services provided electronically:
- Newsletter - including free, periodic sending to Users, after their prior consent, to the e-mail addresses (e-mail) indicated by them in the form of an electronic message (e-mail) of commercial and marketing information about the offer, new products available on the Website and available new categories of services (hereinafter referred to as Newsletter).
- Contact Form, which consists of making contact available to Users free of charge with the Operator in order to obtain information about the offer, availability and scope of services provided by the Operator as part of business operations (hereinafter referred to as: Contact form);
The content made available on the Website is the sole property of the Operator.
- Copying the content made available by the Operator on the Website for commercial purposes without the prior written consent of the Operator is prohibited.
- Conditions for the provision of electronic services
- Using the Services available on the Website under these Regulations requires:
- Access to a device enabling the use of Internet resources,
- Possession of an electronic address (e-mail),
- Use of a web browser giving the ability to display websites with ‘cookies’ and other similar technologies enabled.
- The Operator reserves the right to:
- Refusal to provide Services in the event of violation by the User of these Regulations or provisions of generally applicable law or taking actions that interfere with the uninterrupted use of the Website or Services by other Users.
- Refusal to provide Services in the event that the User provides incorrect or false data required for a correct subscription to the Services in accordance with paragraph 3 below.
- Temporary or permanent cessation of the Services due to maintenance or modification of the Website.
- Users who use the Services via the Website are required to:
- refrain from publishing and sending offensive, unlawful, content, violating the personal rights of third parties protected by law, as well as copyrights and the image of third parties,
- refrain from using the Services in a manner contrary to the law, decency, violating the Operator's personal rights.
- refrain from using the Services to publish advertisements and any information of a commercial nature, including in particular by disseminating unsolicited commercial information, taking any action that may hinder or disrupt the functioning of the Website.
- The User's personal data is deleted from the Operator's address database immediately, no later than within 24 hours of reception of the resignation from the service in accordance with the provisions of these Regulations, which is each time signaled to the User with a special message addressed to the User in the form of an electronic message (e-mail ) sent to the User's electronic address (email) confirming the deletion of User's data from the Operator's address database.
- The provision of the Newsletter service consists of the Operator periodically sending free electronic messages (email), as indicated in paragraph 3 below, to the User's electronic address (e-mail) provided at the time of concluding the Agreement for the provision of this service in accordance with the provisions of paragraph 3 below
- The Newsletter service is provided free of charge for an indefinite period.
- The Newsletter service agreement is concluded when the User correctly completes the subscription form on the main page of the Website in its upper part, which includes:
- Providing personal data: name, electronic address (e-mail),
- The User accepting the Regulations by ticking the selection button: ‘I accept the Regulations for the provision of electronic means.’
- Marking the selection button for consenting to the processing of personal data and the selection button for consenting to receive commercial information, and then by activating the ‘Sign up’ button.
- Completion by the User of the subscription procedure referred to in paragraph 3 above, is equivalent to:
- the User's consent to the electronic provision of the Newsletter service by the Operator;
- the User's consent to the processing of his personal data by the Operator in accordance with the principles provided for in the GDPR, in particular in art. 7 GDPR, to provide the Newsletter service;
- consenting to the Operator sending via the Newsletter advertising and commercial information within the meaning of the Act of 18 July 2002 on the provision of electronic services (Journal of Laws No. 2017.1219 of 24 June 2017), to the e-mail address provided (e -mail) by the User.
- The User has the right to unsubscribe from the Newsletter at any time by performing one of the following actions:
- clicking on the link specially marked for this purpose, which is part of every electronic message sent as part of the Newsletter to the User's electronic address (e-mail),
- by sending a statement of resignation from the Newsletter to the Operator to the electronic address (e-mail): email@example.com from the electronic address (e-mail) that was submitted for subscription to the Newsletter.
- The Operator reserves the right to discontinue the Newsletter service at any time.
- In the event of discontinuation of the Newsletter service, the Operator is absolutely obliged to delete all Users' personal data collected in order to provide the above service.
- Contact form
- The Contract for the provision of the Contact Form service is concluded for a definite period and terminates upon sending a response to the User's inquiry that has been submitted.via the contact form.
- The Contact Form service is provided free of charge.
- The contact form has been made available to Website Users in the "Contact" tab.
- The conclusion of the contract for the provision of the Contact Form service takes place when the User clicks the ‘Send message’ button, after having correctly filled in the fields of the contact form, located on the Website in the ‘Contact’ tab, which includes:
- Providing personal data: name, surname, electronic address (e-mail).
- Providing the content of the query.
- Accepting the Regulations by ticking the selection button that reads: ‘I accept the Regulations for the provision of electronic services.’
- Marking the selection button regarding consent to the processing of personal data.
- Completing the actions indicated in paragraph 4 above by the User is equivalent to:
- the User's consent to the electronic provision by the Operator of the Contact Form service,
- the User's consent to the processing of his personal data by the Operator in accordance with the rules provided for in the GDPR, in particular in art. 7 GDPR, in order to provide the Contact Form service.
- The User has the right to resign from the Contact Form service before receiving an answer to the submitted inquiry.
- Resignation from the Contact Form service referred to in paragraph 6 above, consists of sending a statement of resignation from the Contact Form service to the Operator to the electronic address (e-mail): firstname.lastname@example.org electronic address (e-mail), which was reported in the contact form.
- The Operator reserves the right to stop providing the Contact Form service at any time.
- In the event referred to in paragraph 8 above, the Operator is absolutely obliged to delete all Users' personal data collected in order to provide the above service.
- Rules for the processing of personal data
- The processing of Users' personal data is based on the provisions of the Act of 18 July 2002 on the provision of electronic services (Journal of Laws No. 2017.1219 of 24 June 2017) and the GDPR.
- The Operator is also the administrator of personal data provided by Users on the Website.
- Providing personal data takes place in the subscription form referred to in §5 para. 3 or in §6 para. 4 and is necessary to provide the Services specified in these Regulations.
- The User's personal data necessary to establish, shape the content, change or terminate the contract for the provision of Services concluded in accordance with §5 or in §6 above are processed by the Operator only for the purpose indicated above and for the correct implementation of the Services provided, as well as for the provision of information of a marketing and commercial nature.
- The Operator stores Users' personal data only for the time necessary to provide the Services.
- The Operator may process the following User's personal data:
- electronic address (e-mail),
- Personal data is processed on the basis of: - the consent of the data subject (basis from art.6 para. 1 lit. a - consent of the data subject (basis from art.6 para. 1 lit.a GDPR) for the purpose of providing the ‘Newsletter’ service, including sending information about the Operator's personal data of a marketing and commercial nature.
- Users' personal data may be used by the Operator to create marketing content individually addressed to Users if Users agree to this by ticking the appropriate selection buttons when using the Services.
- The Operator, who is also the administrator of personal data, ensures that every User has the right to: a) Access personal data and receive a copy thereof, b) Request rectification or supplementation of personal data, c) Demand to delete personal data, d) Demand to limit its processing data e) Objecting to the processing of personal data f) Transferring data g) Filing a complaint to the supervisory body in the event of data being processed unlawfully, h) withdrawal of consent to the processing of personal data, whereas withdrawal of consent does not affect the lawfulness of data processing carried out before its withdrawal.
- Users' personal data may be transferred by the Operator to third parties in connection with the provision of Services described in the Regulations.
- Warning about the risk of using the services
- The Operator stipulates that the use of the Services may be associated with a standard risk arising from the use of the Internet and indicates to Users that they should take appropriate steps to minimize the risk.
- The Operator ensures and undertakes that the operation of the IT system it uses gives the possibility to use the Services in a way that prevents unauthorized access to the content of information constituting the Services.
The Operator is not responsible for: interruptions in access to services resulting from necessary technical and administrative measures, for disruptions in the operation of the Internet, supply of the Internet and interruptions in access to services in cases caused by force majeure, cessation of services to Users who they have violated these Regulations, damages caused to third parties as a result of Users using the Services in a manner contrary to the Regulations and the provisions of generally applicable law.
If the Operator receives an official notification of the unlawful nature of the stored data that has been provided to the Operator by the User and preventing access to such data, the Operator shall not be liable to the User for any damage resulting from the inability to access this data.
Each of the parties to the legal relationship established on the basis of these Regulations is obliged to make good the damage suffered by the other party as a result of non-performance or improper performance of obligations arising from these Regulations, subject to the situation, in which non-performance or improper performance of obligations arising from the Regulations is the result of circumstances for which neither party is responsible.
In matters related to the provision of services covered by these Regulations, Users have the right to lodge a complaint. The complaint should contain the following information: a) User's name and surname, User's electronic address, description of related circumstances
with the subject of the complaint. Complaints not containing the data indicated in paragraph 2 above, will not be considered by the Operator. Users' complaints should be directed to the Operator, to the address of its registered office, i.e. EFEKT PMO Karol Czapik, ul. Dolnych Młynów 3/1 31-224 Kraków, by phone at 535-125-155, to the electronic address: email@example.com. The Operator will endeavor to process complaints within 14 days of receipt from the User at the latest. The Operator will inform the User about the method of handling the complaint within the period specified in paragraph 5 above, to the User's electronic address indicated in the complaint.
- Final provisions
The operator is entitled to unilaterally amend the Regulations for important reasons, including in particular changes in the law to the extent affecting the implementation of the provisions of these Regulations. The Operator is obliged to notify the User of any change to the Regulations by publishing relevant information on the Website and by means of a message sent to the User's electronic address. In matters not covered by these Regulations, the provisions of the GDPR shall apply, as well as other relevant provisions of generally applicable law. All disputes arising under the Regulations will be settled by a court of law due to the seat of the Operator. The Regulations are available on the website at www.efektpmo.pl, the "Regulations" tab.
The Regulations enter into force on December 1, 2019.