Video platform terms and conditions
Contents:
I. Definitions
II. General provisions
III. Using the Store
IV. Use of the Platform
V. Rules for placing Orders and selling Products
VI. Customer Account registration and login
VII. Payment methods
VIII. Copyright
IX. Administrator’s liability
X. Right of withdrawal
XI. Product Complaints
XII. Complaints about services provided electronically
XIII. Personal data protection
XIV. Termination of the contract and change of the Regulations
XV. DSA definitions, procedures, responsibilities and authorities
XVI. Final Provisions
I. Definitions:
a) Administrator – OŚRODEK SZKOLENIOWO – WDROŻENIOWY MAREK SZARATA Limited Liability Company with its registered office in Bydgoszcz, ul. Piotrowskiego 11 lok. 36, 85-098 Bydgoszcz, with its registered office in Bydgoszcz, XIII Wydział Gospodarczy KRS pod numerem: 0001090009, NIP: 9671474250 and Łukasz Czubaszewski and Piotr Szałański, running a business on the basis of civil partnership agreements MASAŻTKANEKGŁĘBOKICH.PL Ł.Czubaszewski, P.Szałański S.C., ul. 27 Grudnia 9/8, 61-737 Poznań, NIP: 7831729919
b) Order form – an interactive form available in the Store enabling placing an Order, in particular by adding Products to the Cart and specifying the terms of the Agreement, including the method of delivery and payment.
c) Customer – a natural person, a legal person or an organizational unit that is not a legal person, which is granted legal capacity by law (the so-called disabled legal person), using the Store to purchase goods via the Internet.
d) Consumer – a person who is a consumer under the provisions of the Civil Code.
e) Customer Account – a function of the Store, available at: https://isdtmp.com/my-account/, through which the Customer identified by e-mail address can use the functions indicated later in the Regulations.
f) Basket – an element of the Store’s software in which the Products selected by the Customer for purchase are visible, and it is also possible to determine and modify the Order data, in particular the quantity of products.
g) Offer – information displayed in the Store regarding the terms of sale of Products, in particular specifying the price and subject of sale.
h) Platform – the Administrator’s website, operating on the Internet at: https://isdtmp.com/platforma-vod/, enabling Customers to play unlimited Products within the granted access.
i) Product – content in digital form, in particular online courses, e-books and other digital content not recorded on a durable medium and made available by the Administrator for purchase in the Store and then made available for use via the online platform provided by the Administrator, being the subject of the Agreement between the Customer and Administrator.
j) Entrepreneur-consumer – a natural person conducting business activity referred to in Art. 5564 of the Civil Code.
k) Regulations – these regulations specifying the rules for using the Store by Customers, including the rules and procedure for concluding Agreements with the Customer remotely, via the Store.
l) Agreement – a Product sales agreement concluded or concluded between the Customer and the Administrator via the Store.
m) User – any entity using the Store.
n) Order – means the Customer’s submission to the Administrator of an offer to conclude the Agreement which is the subject of the Order, specifying in particular the type and number of Products.
II. General provisions
1. The Regulations specify the conditions for concluding and terminating Agreements and the complaint procedure, as well as the types and scope of services provided electronically, the rules for the provision of these services, and the conditions for concluding and terminating contracts for the provision of electronic services.
2. The services referred to in the section above provided by the Administrator to Customers are provided free of charge.
3. The Regulations are available free of charge via the website: https://isdtmp.com/online-store-terms-and-conditions/
III. Using the Store
1. Using the Store is possible provided that you have a device with access to the Internet with the current version of a web browser (recommended: Chrome, Safari, Opera, Firefox), ensuring proper handling of cookies and Javascript.
2. The User pays fees related to access to the Internet, in accordance with the contract concluded with his telecommunications operator.
3. The User is obliged to use the Store in accordance with generally applicable regulations and principles of social coexistence.
IV. Use of the Platform
1. Using the Platform is possible provided that you have a device with access to the Internet, with a bandwidth of at least 1 Mbs for video files in SD resolution and at least 5 Mbs for video files in HD resolution and with an up-to-date version of a web browser (recommended: Chrome , Safari, Opera, Firefox), ensuring proper handling of cookies and Javascript.
2. The Product will be delivered by sending a link enabling logging in to the Platform to the e-mail address provided in the order form, immediately after the Customer has made the payment, no later than within 24 hours of making the payment.
3. Access to the Product, in accordance with the information presented on the product description website, may be granted without time limits or for a limited time after payment.
4. In the case of electronic products with time-limited access, after this period, access to the course will be disabled, but the Customer will be able to extend access for another period in accordance with the offer sent to his e-mail address no later than 3 calendar days before the original end date. purchased access.
V. Rules for placing Orders and selling Products
1. In order to place an Order, the Customer should select the Product he is interested in in the Store and select the number of pieces. Then the customer should select the “Add to cart” option.
2. Within one Order, the Customer may purchase more than one of the available Products.
3. In order to check the contents of the shopping cart, the Customer should click the button with the shopping cart symbol located in the upper right corner of the website.
4. To remove a Product from the Cart, press the X button located next to each Product added to the Cart.
5. In order to conclude the Agreement, after the Customer has added the Product to the Cart, press the “Proceed to payment” button, complete the Order Form, providing data, including at least name and surname, country, address with street address, building/premises number, postal code and city, also telephone number and e-mail address and choose the payment method.
6. The customer is obliged to provide correct data and information.
7. When placing an Order, a Customer who wants to receive a VAT invoice should provide the Seller with all the data necessary to issue such an invoice, including the company name and Tax Identification Number.
8. To finalize the order, it is necessary to indicate acceptance of the Regulations, which the Customer is obliged to read before placing the Order and concluding the Agreement.
9. Acceptance of the Regulations means, among others: acceptance of the Seller’s use of electronic invoices and their sending to the e-mail address provided by the Customer.
10. The customer consents to the issuance and sending electronically, to the e-mail address provided in the order, of an electronic image of settlement documents, in particular such as: VAT invoices with attachments, corrective VAT invoices with attachments and forms. This consent also authorizes the Administrator to issue and send VAT invoices in electronic form, in accordance with the Regulation of the Minister of Finance of December 17, 2010 on sending invoices in electronic form, the rules for their storage and the procedure for making them available to the tax authority or fiscal inspection authority.
11. Before concluding the Agreement, the Customer is obliged to verify whether he has selected the right Goods, its quantity and whether the entered personal data, including delivery data, are correct.
12. Then the Customer places the order by clicking the “Buy and pay” button. This is the moment of concluding the Agreement, which is binding and final for both the Customer and the Administrator.
13. After clicking the “Buy and pay” button, the Customer will be redirected to the Order summary page. It is tantamount to information confirming acceptance of the order.
14. At the same time, the Customer will receive confirmation of placing the order, along with an individual Order number, to the e-mail address provided by him when placing the Order.
15. The Administrator informs that he does not issue VAT invoices to entities not registered in Poland.
VI. Customer Account registration and login
1. In order to access all functions of the Store, including the ability to view completed Orders, set the billing address and shipping address, the User may register in the Store by creating a Customer Account using the tools available in the Store.
2. Registration takes place via the provided registration form, which requires providing an e-mail address, which will also constitute the login, along with its repetition.
3. A link will be sent to the indicated e-mail address, redirecting to a page where the User is obliged to set a password along with repetition, the strength of which must be assessed by the algorithm as at least “medium”.
4. Logging in to the Customer Account takes place using the indicated e-mail address and password.
5. If you forget your password, you can reset your password using the tool provided in the Store. It is required to provide the e-mail address used for registration (login), receive a message sent to the provided e-mail address and open the password reset link and enter a new password (meeting the requirements indicated above) and repeating it.
6. Providing data during registration and acceptance of the Regulations and Privacy Policy by the User is voluntary, but necessary to register a Customer Account. If the User does not agree to accept the Regulations and Privacy Policy, the Customer Account will not be registered.
7. Maintaining a Customer Account is free of charge.
VII. Payment methods
1. Payment for the purchased Products is made in the form of:
a) fast online payments, via the PayU system, using available payment methods,
b) prepayment by transfer to the bank account of OŚRODEK SZKOLENIOWO – WDROŻENIOWY MAREK SZARATA Limited Liability Company, run by mBank, number: PL66 1140 2004 0000 3302 8465 4258
c) prepayment by transfer via PayPal or credit card or
d) credit card prepayments via Stripe.
2. Detailed rules for using online payments made available by external suppliers are specified in the relevant regulations made available by these suppliers. The use of these payment methods involves acceptance of the provisions of the above-mentioned. regulations. The Administrator is not responsible for the payment process carried out by external suppliers.
3. Payment is made when the payment operator, referred to in section. 2, confirmation of payment by the Customer.
VIII. Copyright
1. The Administrator informs that the Products offered by him constitute works within the meaning of the Act of February 4, 1994 on copyright and related rights. The copyright to these works belongs to the Seller and is protected.
2. The Customer undertakes to respect the Administrator’s copyrights and use the products only for personal use. The Customer is aware that any violation thereof, in particular through further unlawful dissemination, is subject to civil or criminal liability in accordance with applicable regulations.
IX. Administrator’s liability
1. The Administrator makes every effort to ensure that the Store operates properly, but due to the multitude and complexity of factors that may interfere with the operation of the software, as well as the publicly available nature of the Store, the Administrator does not provide the User with any guarantees regarding its use or usefulness.
2. The Administrator is not responsible for irregularities in the operation of the Store caused by the operation of the User’s device, its failures, configuration or installed software, errors in use, incorrect installation, interruptions in Internet connectivity, power outages, server failures caused by random factors, hacker attacks and unauthorized interference by third parties, as well as the operation of malware and force majeure.
3. The Administrator reserves the right to introduce restrictions on the use of the Store caused by technical service or work on changes to its functionality. At the same time, the Administrator will make every effort to ensure that the above-mentioned breaks take place at night and last as short as possible.
X. Right of withdrawal
1. The consumer and the consumer-entrepreneur have the right to withdraw from a distance contract for a period of 14 (fourteen) days without giving reasons and without incurring any costs.
2. The period starts from the day on which the Consumer or Entrepreneur-consumer or a third party other than the carrier and indicated by the Consumer or Entrepreneur-consumer took physical possession of the goods.
3. The Consumer or Entrepreneur-Consumer is obliged to inform the Administrator about his/her decision in this respect within the period for withdrawing from the contract.
4. The Consumer’s or Entrepreneur-Consumer’s declaration does not require any special form. For this purpose, it is sufficient to use the model withdrawal form set out in Annex 1 to the Regulations or to submit a clear declaration. The withdrawal deadline is deemed to have been met when the Consumer or Entrepreneur-Consumer has sent a declaration on exercising the right of withdrawal before the expiry of this deadline.
5. The burden of proof in this respect rests with the Consumer or Entrepreneur-Consumer.
6. In the event of withdrawal from the contract, the Administrator shall refund, without undue delay, all amounts received from the Consumer or Consumer-Entrepreneur, but no later than within 14 days from the date on which it was informed about the Consumer’s or Consumer-Entrepreneur’s decision to withdraw from the contract. .
7. The Seller returns the payment using the same method of payment as used by the Consumer or Entrepreneur-Consumer, unless the latter has expressly agreed to a different method of return, which does not involve any costs for him.
XI. Product Complaints
1. The Administrator (referred to in this section as the “Seller”) is liable to the Consumer and the Entrepreneur-Consumer under the terms specified in the Civil Code.
2. If the goods are found to be inconsistent with the contract before the expiry of the Seller’s liability period, i.e. two years from the release of the goods, the Consumer or Entrepreneur-Consumer is obliged to notify the Seller of the situation, at his/her own discretion:
a. sending or delivering the notice in person to the Seller’s address;
b. by sending a notification to the Seller’s e-mail address – szkolenia.mtg@gmail.com;
c. by phone, on working days from Monday to Friday from 9:00 a.m. to 3:00 p.m. at: +48 517 764 644.
3. The Consumer or Entrepreneur-Consumer may submit any clear notification, which will include at least: name, surname and address of the person submitting the complaint, description of the complained Product, to the extent appropriate for its type, proof of purchase of the complained Product, description of non-compliance. goods and the date in which the defect was noticed, and, where appropriate, also the circumstances justifying the complaint, the complainant’s request, the date of lodging the complaint, the signature of the person submitting the complaint, and in the case of sending the notification by e-mail, consent to the processing of the e-mail address of the person reporting the complaint by the Seller.
4. In order to enable the Seller to recognize the complaint, the Consumer or Entrepreneur-Consumer is obliged to return the complained goods to the Seller’s registered office or hand them over to the Seller or a person authorized by him to collect them, without undue delay. If the claimant’s claims are accepted, the Seller reimburses the claimant for the delivery costs incurred.
5. If the Product is inconsistent with the contract, the Consumer or Entrepreneur-consumer may demand a price reduction or withdrawal from the contract, unless the Seller immediately and without excessive inconvenience to the buyer replaces the defective item with a defect-free one or removes the defect. This limitation does not apply if the item has already been replaced or repaired by the Seller or the Seller has not fulfilled the obligation to replace the item with a defect-free one or remove the defect. The reduced price should be in such proportion to the price resulting from the contract that the value of the item with a defect remains to the value of the item without the defect.
6. The Consumer or Entrepreneur-Consumer may, instead of removing the defect proposed by the Seller, request replacement of the item with a defect-free one or instead of replacing the item, request removal of the defect, unless bringing the item into compliance with the contract in the manner chosen by the Buyer is impossible or would require excessive costs in compared to the method proposed by the Seller. When assessing the excessiveness of costs, the value of the goods in accordance with the contract, the type and degree of non-compliance found, and the inconvenience to which the Consumer or Entrepreneur-Consumer would be exposed if other than the method of satisfaction requested by him, are taken into account.
7. The Consumer or Entrepreneur-Consumer may not withdraw from the contract if the defect is insignificant.
8. The Seller undertakes to consider the complaint within 14 days of notification.
9. Regardless of the complaint procedure, the Consumer or Entrepreneur-Consumer has the right to access out-of-court complaint handling procedures and remedies.
10. If the Seller does not accept the complaint and the Consumer or Entrepreneur-Consumer does not agree with his decision, he may request mediation or a resolution to an arbitration court. There is also the possibility of out-of-court resolution of disputes regarding contractual obligations arising from online sales contracts concluded between consumers and entrepreneurs at EU level, using the ODR Platform, which is an access point for consumers and entrepreneurs wishing out-of-court resolution of disputes covered by Regulation (EU) No. 524/2013 of May 21, 2013. The ODR platform available at http://ec.europa.eu/consumers/odr is an interactive website that can be accessed electronically and free of charge in all official languages of the Union institutions.
11. The Seller excludes the application of warranty provisions to entities other than the Consumer or Entrepreneur-Consumer.
XII. Complaints about services provided electronically
1. Complaints regarding the operation of the Store and the concluded contract for the provision of electronic services may be submitted by the Customer electronically to the e-mail address: dziennik.mtg@gmail.com.
2. The complaint should include a description of the problem constituting the basis for the complaint, a request from the Customer and contact details (e-mail address) enabling contact with the Customer.
3. The Administrator recognizes complaints within 14 days of their receipt, replying to the address or e-mail address provided by the Customer.
4. The Customer who is a Consumer has the right to use extrajudicial methods of redress, including in particular:
a. Permanent Consumer Arbitration Courts at the Provincial Inspectorates of the Trade Inspection (for customers from Poland);
b. Municipal (district) Consumer Ombudsman (for customers from Poland);
c. Other bodies for out-of-court claims redress appropriate for a given European Union Member State;
d. ODR Platform, available at: http://ec.europa.eu/consumers/odr – additional information on amicable resolution of disputes is available, among others, on the website: https://polubowne.uokik.gov.pl/
XIII. Personal data protection
1. The administrator of Customers’ personal data is the Administrator as the owner and administrator of the Store, providing services electronically based on the Regulations,
2. As part of the operation of the Store, the Customer may consent to sending marketing content by providing appropriate consent when placing an order. The administrator of personal data processed on the basis of this consent is the Administrator.
3. When completing the Order Form, the Customer may also consent to transferring his e-mail address to Opineo Sp. z o. o. based in Wrocław ul. Zelwerowicza 20; 53-676 Wrocław, in order to complete the survey along with your opinion about the transaction made in the Store.
4. The Customer may at any time withdraw the consent he or she has given in the Store to send marketing content by sending a request electronically to the following address: dobre.mtg@gmail.com or in writing by sending a statement to the Administrator’s address.
5. Detailed information regarding the processing of personal data by the Administrator as a personal data administrator – including other purposes and basis for data processing, as well as about data recipients – can be found in the privacy policy available at https://isdtmp.com/privacy-policy/ – due to the principle of transparency contained in the General Regulation of the European Parliament and of the Council (EU) on data protection – “GDPR”.
6. The purpose of processing by the Administrator the Customer’s data provided by him in connection with the use of the Store is to provide services within the Store. The basis for the processing of personal data in this case is:
a. contract or actions taken at the Customer’s request aimed at concluding it (Article 6(1)(b) of the GDPR),
b. legitimate interest pursued by the Administrator (Article 6(1)(f) of the GDPR) in the form of ensuring the possibility of pursuing any claims.
7. Providing data by the Customer is voluntary, but at the same time necessary to conclude a contract with the Administrator. Failure to provide data will prevent the conclusion of this contract.
8. When processing the Customer’s data, the Administrator uses organizational and technical measures in accordance with applicable law, including encryption of the connection using an SSL certificate from the moment of logging in to the Store.
9. The Customer’s data will be processed, depending on what is applicable in a given case and what will happen at the latest, until:
a. the contract for the use of the Store concluded between the Customer and the Administrator will cease to be valid;
b. the Customer or Administrator will no longer be able to pursue claims related to the contract for the use of the Store;
c. the Customer’s objection to the processing of his personal data will be accepted – if the basis for data processing was the legitimate interest of the Administrator.
10. The customer has the right to request:
a. access to the content of your personal data, including obtaining a copy of your data (Article 15 of the GDPR or – if applicable – Article 13(1)(f) of the GDPR),
b. rectify your personal data (Article 16 of the GDPR),
c. delete your personal data (Article 17 of the GDPR),
d. limit the processing of your data (Article 18 of the GDPR),
e. transfer your personal data (Article 20 of the GDPR),
and:
f. object at any time to the processing of your data for reasons related to your particular situation – to the processing of personal data concerning you, based on Art. 6 section 1 letter f GDPR – i.e. on legitimate interests pursued by the administrator (Article 21(1) of the GDPR).
11. In order to exercise the above rights, you can send a message to the following e-mail address: szkolenia.mtg@gmail.com
12. If the Customer considers that his data is being processed illegally, he has the right to submit a complaint to the President of the Office for Personal Data Protection.
XIV. Termination of the contract and change of the Regulations
1. The User may terminate the contract concluded with the Administrator without giving a reason, with immediate effect – by deleting the Account – by giving notice to the e-mail address: szkolenia.mtg@gmail.com
2. The Administrator is entitled to change the Regulations (including contracts concluded on their basis) only for important reasons, provided that the Customer is informed in advance about the planned changes via e-mail sent to the address assigned to the Customer Account, at least 14 days before the planned change.
3. The following are considered important reasons for terminating or changing the Regulations or contracts:
a. Adaptation of the services referred to in the Regulations to the legal provisions affecting them,
b. Change or appearance of new public-law fees affecting the provision of services,
c. Improving the functionality of the services referred to in the Regulations or actions aimed at increasing the competitiveness of the services or the Store,
d. Improving the security of the services provided or the Store,
4. The Customer’s lack of objection to the proposed changes is tantamount to consent to them.
5. The customer has the right to terminate the contract with immediate effect before the proposed date of entry into force of the changes.
6. If the Customer objects to the proposed changes but does not terminate, the contract expires on the day before the proposed changes enter into force.
7. Any disputes between the Administrator and a Customer who is not a Consumer or a Consumer-Entrepreneur will be resolved by the court competent for the Administrator’s registered office.
XV. DSA definitions, procedures, responsibilities and authorities
1. This section of the Regulations specifies information on any restrictions imposed by the Administrator in connection with the use of its services, in relation to information provided by Users, including, among others: information on all policies, procedures, measures and tools used for the purposes of content moderation, including on algorithmic decision-making and human review, as well as on the internal regulations of the complaint handling system, any significant changes to the terms of use of the services and mechanisms for reporting Illegal Content. The Administrator provides the above-mentioned information and terms of use of the Store in an understandable and legible manner. The Administrator designs, organizes and operates the Store (and interfaces) in a way that does not mislead or manipulate Users or in any other significant way disrupts or limits Users’ ability to make free and informed decisions.
2. The definitions used in this paragraph and the Regulations mean:
a. Service recipient – Customer or User or a person using indirect services or other information society services provided by the Administrator, including, for example, the Store or the Administrator’s social media, in particular to search for or share information.
b. Content – all information provided by the User in any form within the Store, or Social Media or other platforms and places belonging to or moderated by the Administrator, in particular within the Website or Store or the functionalities of these places made available to the User.
c. Illegal Content – means information that, by itself or by reference to the operation, including the sale of Goods, Digital Services or Digital Content or the provision of services, is not in accordance with Union law or with the law of any Member State that is lawful Union, regardless of the specific subject matter or nature of that right.
d. Content Moderation – means actions, regardless of whether they are automated, undertaken by the Administrator or indirect service providers cooperating with him, the purpose of which is, in particular, to detect, identify and combat illegal content or information inconsistent with the terms of use thereof services provided by Service Recipients, including measures implemented that affect the availability, visibility and accessibility of such illegal content or information, such as depositioning such content or information, demonetization, preventing access to it or removing it, or that affect the ability to transmit such information by service recipients, such as closing or suspending the recipient’s account.
e. Intermediate service – means one of the following information society services provided by the Administrator:
i. “ordinary transmission” service consisting in transmitting information provided by the Service Recipient in the telecommunications network or providing access to the telecommunications network;
ii. “caching” service consisting in the transmission in the telecommunications network of information provided by the Service Recipient, including automatic, indirect and short-term storage of this information, performed solely to improve the subsequent transmission of information at the request of other recipients;
iii. “hosting” service consisting in storing information provided by the Service Recipient and at his request.
f. Internet platform – means a hosting service which, at the request of the Service Recipient, stores and publicly disseminates information, unless such activity is an insignificant or only secondary feature of another service or an insignificant function of the main service, and for objective and technical reasons it cannot be used without such other service, and the inclusion of such a feature or function in such other service is not a means of circumventing the application of the DSA.
g. Public dissemination – means making information available at the request of the Service Recipient who provided the information to a potentially unlimited number of third parties.
h. Social media – social platforms within which the Administrator creates additional channels of communication with the User or the Recipient of the information or content provided by him, either as part of the Order, as part of publishing content publicly available to a wide range of recipients, or as part of other forms contact with the Content Recipient, including contact related to commercial offers, which in particular applies to: private or public social groups, channels on social media platforms, public accounts, referred to, among others, in the Privacy Policy, the so-called fanpage, communication channels, within these social media platforms, etc.
3. The Administrator is a provider of Indirect Services within the meaning of DSA, providing Indirect Services as part of its profiles available on Social Media, i.e. Instagram (link: https://www.instagram.com/masaztkanekglebokich.pl) Facebook (link: https://www.facebook.com/masaztkanekglebokich), LinkedIn (link: https://www.linkedin.com/company/masaż-tkanek-deepokich), YouTube (link: https://www.youtube.com/@masaztkanekgebokich8069 ) by:
a. enabling Users to leave comments under posted posts,
b. adding posts,
c. adding ratings and opinions,
d. adding messages in the public chat,
e. other forms of interaction enabling leaving Content available in the above-mentioned. portals.
4. The controller shall designate the following single point of contact enabling it to communicate directly – electronically – with the Member State authorities, the Commission and the Digital Services Board, via the email address: szkolenia.mtg@gmail.com. Communication can take place in Polish or English.
5. The Administrator designates the following single contact point enabling Service Recipients to communicate directly – electronically – with the Administrator via the e-mail address: szkolenia.mtg@gmail.com. Communication can take place in Polish or English.
6. The User may not post in the Store or the Administrator’s Social Media:
a. Content that is illegal or inconsistent with the Regulations,
b. Content containing profanity, insulting third parties or containing spam,
c. Content contrary to good manners, in particular content containing offensive content, or content violating religious feelings or personal rights of third parties, or showing lack of respect in accordance with generally understood social norms and principles of social coexistence, Content that is racist, vulgar, promotes violence, or contains pornographic content , fascist, discriminatory, with sexual overtones, inappropriate for minor users, etc.
d. Content violating the rights of third parties, e.g. copyrights or intellectual property rights, or intended to reveal trade secrets or other confidential information,
e. Content containing links to other websites (links), entities other than the Store, including competitive websites or online stores, to which the Administrator has not previously consented, in particular advertising, marketing, fundraising links, or other links about commercial nature,
f. Content calling for and advertising other websites, platforms, social media, etc.
g. Content unrelated to the Products or any activity of the Administrator or the Website, or Content unrelated to the subject matter of the Store or the Administrator’s Social Media,
h. Content containing personal or contact details,
i. Repetitive Content that has already appeared in the Store or the Administrator’s Social Media (before publishing the Content, the User is obliged to verify whether it will not be a copy of existing Content),
j. Content of a technical nature, inquiries related to customer service regarding the Administrator’s products or services (for this purpose, the User should contact the details provided in the Regulations).
7. A User who considers a given Content to be Illegal or Content violating these Regulations is entitled to report this Content to the Administrator electronically to the e-mail address included in the Regulations, indicating the place where the Administrator can read the above-mentioned information. The content and all details necessary to consider the report, including contact details of the User and the third parties involved (if possible).
8. The User may use the Illegal Content reporting form attached to these regulations.
9. If the contact details of the User reporting the Content are not provided, the Administrator will not be able to contact the User to notify him or her of the receipt of the report and the result of considering the report.
10. The Administrator will immediately notify the User about receiving the notification of a given Content.
11. The Administrator makes decisions regarding the notification within no more than 14 days from the date of receipt of the notification, in a non-arbitrary, objective manner and with due diligence. For the purposes of considering and making decisions, the Administrator does not use automated means.
12. The Administrator shall notify the User about the result of the decision taken regarding the notification, its content and justification without undue delay.
13. In the event of Illegal Content or Content inconsistent with the Regulations, the Administrator may remove it, limit its visibility, prevent access to it, deposit it or leave it on the Website. It may also suspend, terminate or otherwise limit monetary payments if such payments occur in the Store, suspend or terminate the provision of the service in whole or in part, or suspend or close the account of the User or a third party. At the same time, it informs the User and the third parties involved about its decision, providing them with a clear and specific justification for the decision (if it has their contact details).
14. The User may appeal against the Administrator’s decision within 14 days from the date of receipt of the decision, providing a justification.
15. The Administrator will consider the User’s appeal within 14 days from the date of its receipt, providing him with his decision along with the justification.
16. The Administrator is not responsible for User Content, especially Illegal Content left in the Store or Social Media, if the User’s actions are inconsistent with the Regulations or generally applicable law. The Administrator makes every effort to handle such Content in a manner consistent with generally applicable law and the Regulations, including: does not modify the Content in a way that affects the integrity of the information transmitted or made available, does not facilitate the posting of Illegal Content, and immediately takes action to remove it or prevent access to it in accordance with the Regulations, respecting the fundamental rights of Users, including the right to freedom of expression and information, as also takes all actions in good faith and with due diligence.
17. There is no algorithmic decision-making on the Website, including decisions related to User appeals.
18. If the Administrator receives any information giving rise to the suspicion that a crime threatening the life or safety of a person or persons has been committed, is being committed or may be committed, he or she immediately informs the law enforcement authorities or judicial authorities of the interested Member State or Member States of his or her suspicion. and provides all available information on this subject.
19. 16. The controller shall provide the digital services coordinator for the establishment and the Commission, upon their request and without undue delay, with information on the average number of monthly active recipients of the service in the Union, calculated as the average number over the previous six months, updated on the moment of submitting such an application. The Digital Services Coordinator or the Commission may request that the Controller provide additional information regarding the calculation, including explanations and justification regarding the data used. This information cannot contain personal data.
XVI. Final Provisions
1. The applicable law is Polish law.
2. Any disputes between the Administrator and a Customer who is not a Consumer or a Consumer-Entrepreneur will be resolved by the court competent for the Administrator’s registered office.
3. The Regulations enter into force on March 1, 2023.