§1 GENERAL PROVISIONS
1. Based on Article. 8 para. 1 of the Act, the Operator introduces and makes these Regulations available electronically. The issues governed by these Regulations include:
a) Type and scope of the service provided electronically on the Website,
b) The Website’s operating principles and use of the Service, including in particular the rights and obligations of the Operator and the Users,
c) Rules for the protection of the Users’ personal data.
2. The terms used in these Regulations have the following meaning:
a) Electronic address – designation of an ICT system that enables communication by means of electronic communication, in particular electronic mail (email address);
b) the Operator – an entity that owns and manages the Website, i.e. Lamipol Sp. z o.o. based in Chełmek, pl. J. Kilińskiego 36, 32-660 Chełmek KRS: 0000248317, NIP [Tax ID No.]: 6282119079, REGON [Business ID No.]: 120193138, email: email@example.com phone: 33-846-20-21
c) Telecommunications Law – the Act of 16 July 2004 – Telecommunications Law;
d) the Regulations – these regulations for the provision of electronic services, which sets out the rules for the use and functioning of the Website and the rights and obligations of the Operator and the Users, including the terms of providing services on the Website;
e) GDPR – Regulation of the European Parliament and the Council (EU) 2016/679 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 regulation on data protection);
f) the Website – a website managed and maintained by the Operator, located at www.lamipol.pl as well as other relevant internet addresses under which the Operator operates the Website;
g) Teleinformation System – a set of cooperating IT devices and software, ensuring processing and storage, as well as sending and receiving data via telecommunications networks using a terminal device appropriate for a given type of telecommunications network within the meaning of the Telecommunications Law;
h) Provision of services by electronic means – performance of the Services, by sending and receiving data using IT 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 Act;
i) the Service – a service provided by the Operator via the Website using the Teleinformation System, consisting in enabling the Users to use the contact form in accordance with these Regulations;
j) the Act – Act of 18 July 2002 on the provision of electronic services;
k) the User – a person using the Service provided by the Operator with the help of the Website that has successfully registered for use of the Service by completing the form available on the Website.
3. The Operator provides the User with full access to the content of the Regulations along with the option of downloading, viewing and recording it in the User’s IT system. The Operator is obliged to provide services electronically in accordance with the Regulations, the Act and the GDPR.
4. The Regulations are available to Users free of charge before entering into a contract for the provision of electronic services.
5. The Users are required to read these Regulations before using the Services and, after acceptance, comply with the provisions.
6. The Users are required to agree to the provision of Services on the terms set out in the Regulations by selecting the appropriately visible element of the contact or subscription form found on the Website with the content
“I accept the Regulations for the provision of electronic services”.
7. Failure to get acquainted with the Regulations and the lack of their acceptance makes it impossible to use the Services.
8. Provisions of the Regulations that have not been made available in the manner specified in para. 4 (a) above, do not bind the Users.
§2 SERVICE PROVIDED ELECTRONICALLY
1. Through the Website, the Operator provides the Service, i.e. the contact form service provided electronically, consisting in free access of the Users to contact the Operator for the purpose of obtaining information about the offer, availability and range of services and goods offered by the Operator as part of the business (hereinafter the “Contact Form”).
2. All content available on the Website is the exclusive property of the Operator. Copying the content, referred to in the previous sentence, for commercial purposes without the prior written consent of the Operator is prohibited.
3. The Agreement for the provision of the Contact form service is concluded for a definite period. The service is provided free of charge. The Agreement is terminated upon sending a reply to the User’s inquiry submitted via the Contact form.
4. The Contact form is available to the Users on the Website in the Contact tab.
5. The Agreement for the provision of the Contact form service is concluded when the User clicks the “Send” button, after having correctly filled in the fields of the Contact form on the Website in the Contact tab, which includes:
a) providing one’s name and last name,
b) providing an electronic address (email) or telephone number – depending on the preferred form of contact,
c) providing the content of the message,
d) accepting the Regulations by checking the selection button with the following content:
“I accept the Regulations for the provision of electronic services”.
e) checking the selection button regarding consent to the processing of personal data.
6. Performing activities, referred to in paragraph 5 above, by the User is tantamount in particular to:
a) expressing consent by the User for the provision of the Contact form service by electronic means by the Operator,
b) consent by the User to the processing of his/her personal data by the Operator in order to provide the Contact form service in accordance with the rules provided for in the GDPR, in particular in art. 7 of the GDPR.
7. The User is entitled to resign from the Service until he or she receives a response to the submitted inquiry.
8. The resignation, referred to in paragraph 7 above, consists in sending to the Operator a statement on resignation from the Service using the User’s email address submitted in the Contact Form. The statement, referred to in the previous sentence, should be sent to the email address: firstname.lastname@example.org.
9. The User’s personal data will be removed from the Operator’s database immediately, no later than within 3 days from receiving the statement on resignation from the Service, in accordance with the provisions of these Regulations, which is each time signalled to the User by sending an email message to the email address of the User, confirming the removal of his/her data from the database.
10. The Operator reserves the right to cease the Service provision at any time. In the event of ceasing to provide the Service, the Operator shall delete the Users’ personal data collected as part of its provision.
§3 CONDITIONS FOR THE PROVISION OF ELECTRONIC SERVICES
1. The use of the Service provided on the Website on the basis of the Regulations depends on
a) Access to the terminal device enabling the use of the Internet and access to it,
b) Access to a web browser that allows displaying websites with enabled cookies and related technologies,
c) Access to an electronic address (email).
2. The Users using the Service are required to:
a) Use it in a manner consistent with the law, good manners,
b) Not to use the Service in a way that violates the Operator’s or third parties’ personal rights,
c) Refrain from publishing and sending offensive, illegal content, as well as content infringing copyright or image of third parties,
d) Refrain from taking any action that may impede or disrupt the operation of the Website.
3. The Operator reserves the right to refuse the Service provision if the User:
a) Writes the provisions of the generally applicable law,
b) Violates the provisions of these Regulations,
c) Provide incorrect or untrue data that is necessary for the Operator to properly provide services,
d) Take actions that disrupt the use of the Website or the Service by other Users,
4. Subject to the provisions of paragraph 3 above, the Operator has the right to refuse to provide the Service in a temporary or permanent manner due to maintenance or modification of the Website.
1. The Operator of the personal data collected via the Contact form is the Operator.
2. Contact with the personal data administrator is possible via email sent to: email@example.com or by correspondence to the address of its registered office.
3. Personal data collected via the Contact form are processed for the purpose of providing the Service, i.e. providing the Operator with an answer to the User’s inquiry submitted via the Contact form, including sending commercial information to the User, i.e. pursuant to art. 6 para. 1 (b) of the GDPR, providing the basis for personal data processing, if it is necessary for the performance of the agreement or taking steps to conclude the agreement; if the inquiry does not directly concern the Operator’s offer and a statement has been checked on the consent to the processing of personal data, placed directly under the Contact form, the basis for the processing of personal data is Art. 6 para. 1 (a) of the GDPR, authorising the processing of personal data on the basis of a voluntary consent.
4. The Operator uses the help of other entities, which is often connected with the necessity to transfer personal data. In the event of such a need, the User’s personal data may be transferred to the hosting company and the company providing IT services to the Operator.
5. The transfer of data is also possible on the basis of the relevant law or decision of the competent authority. In such a situation the Operator will have to transfer the User’s personal data to other entities, both public and private. It is difficult to foresee who may submit a request to share personal data, but the Operator ensures that every request to share personal data is carefully analysed so that the information will not be accidentally transferred to an unauthorised person.
The consent to the processing of personal data provided by the User may be withdrawn at any time. Withdrawal of consent does not affect the lawfulness of data processing carried out prior to its withdrawal.
6. The operator does not transfer personal data to third countries.
8. The Users’ personal data is processed for the period necessary to perform the agreement for the provision of electronic services, but no longer than until the consent to the processing of personal data granted by the User is withdrawn.
9. The User who provided his/her personal data has the right to:
a) Access the personal data and receive copies thereof,
b) Requests for rectification or supplementation of personal data,
c) Request the deletion of the personal data – the data subject, if he/she believes that there are no grounds for the personal data controller to process personal data, may request its removal.
d) Restrict the processing of personal data – the data subject may demand that the Administrator of the personal data restricts the processing of his/her personal data only to storing it or performing activities agreed upon with him/her, if the data is incorrect or processed without a legal basis, or the data subject does not want the data to be removed due to the need to keep the data to establish, investigate or defend claims or for the time of consideration of objections to the processing of personal data.
e) Raise objections to the processing of personal data:
– Processing of personal data for direct marketing purposes: The data subject has the right to object the processing of personal data for direct marketing purposes. When this right is exercised, the Administrator of the personal data will cease processing of the personal data.
– Objection due to the special situation: The data subject has the right to object to the processing of his/her personal data on the basis of a legitimate interest for purposes other than direct marketing. In the objection, it should be indicated which particular situation concerns the data subject, who justifies the demand to cease the processing of the personal data of the data subject. The Administrator of the personal data shall cease processing of the personal data for these purposes, unless it demonstrates that the grounds for further processing override the rights of the data subject or that such data is necessary to establish, investigate or defend claims.
f) Data transfer – the data subject has the right to receive his/her personal data, which has been transferred to the Administrator based on the consent given, in a structured, machine-readable, commonly used format. The data subject may request the Administrator to send it directly to another entity.
10. The rights, referred to in paragraph 9 above, the User may exercise by sending an email to: firstname.lastname@example.org.
11. A User who believes that his/her personal data is processed unlawfully may submit a complaint to the President of the Office of Personal Data Protection.
12. Providing personal data is voluntary, but it is necessary if the User wants to use the Service.
13. The Operator does not make automated decision-making, including on the basis of profiling. The content of the inquiry sent via the Contact form is not subject to assessment by the IT system.
§5 WARNING ON THE USE OF THE SERVICE
1. The Operator reserves that due to the public nature of the Internet, which is used, among others, to connect with the Website and send emails, provision of the Service may involve standard risk that the User accepts.
2. Due to the special nature of electronic threats, the Operator does not guarantee full security of use of the Website.
3. In order to minimize the risk and increase the level of security, the Operator recommends that the User should protect the terminal devices that he/she uses to use the Website, in particular by introducing mechanisms to control access to these devices, installing anti-virus software, having an up-to-date operating system, and connecting end devices only to reliable wireless networks.
4. The Operator ensures and undertakes that the operation of the information system it uses gives the opportunity to use the Services in a way that prevents unauthorised access to the content of information that makes up the Service.
§ 6 LIABILITY
1. The Operator is not responsible for interruptions in the availability of the Service as a result of necessary technical and administrative measures, as well as for disruptions in the Internet, delivery and availability of the Internet, as well as interruptions in access to the Service in situations caused by force majeure, and cessation of provision of the Service to the Users who have violated the provisions of these Regulations, damage caused to third parties as a result of the Users using the Service in a manner inconsistent with the Regulations and the provisions of generally applicable law.
2. The Operator is not responsible for the consequences of providing false, incorrect or incomplete information by the User, as well as for the consequences of providing personal data of third parties without their consent or knowledge. The User is solely responsible in this respect.
3. In the event that the Operator receives an official notification of the unlawful nature of the stored data provided to the Operator by the User and prevents access to them, the Operator is not responsible for any damage resulting from the inability to access the data.
4. Each of the parties to the legal relationship established under these Regulations is obliged to repair the damage suffered by the other party due to non-performance or improper performance of obligations under these Regulations, with the proviso that the parties are not liable if non-performance or improper performance is the result of circumstances for which neither party is liable.
1. The Users have the right to lodge a complaint regarding matters related to the provision of services covered by these Regulations.
2. The User in the complaint should provide the data indicated below, with the proviso that failure to provide it will result in inability to consider the complaint:
a) electronic address (email) of the User,
b) a description of the problem being the basis for lodging a complaint.
3. Users’ complaints should be directed to the Operator at the address of its registered office, i.e. Pl. J. Kilińskiego 36, 32-660 Chełmek, or to the electronic address email@example.com.
4. Complaints will be considered within 14 days of their receipt by the Operator, at the latest within 14 days from the day of explanation of the circumstances necessary to settle them.
5. The Operator will inform the User immediately about the method of settling the complaint via the User’s electronic address provided in the complaint.
§8 FINAL PROVISIONS
1. For important reasons, the Operator is entitled to unilaterally amend the Regulations, in particular due to the change in the provisions of the generally applicable law in the scope directly affecting the content of these Regulations.
2. Each change of the Regulations requires the User to be notified. The notification, referred to in the previous sentence, shall be made through the Website and information sent to the User’s email address.
3. In matters not covered by these Regulations, applicable provisions of the generally applicable law apply, including the provisions of the GDPR.
4. All disputes arising in connection with these Regulations shall be settled by a common court having jurisdiction over the seat of the Operator.
5. The Regulations shall enter into force on 02.07.2018.