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Rules of service provision by electronic means

by
Paplus International Sp. z o.o.
ul. Powstancow 16,
41-100 Siemianowice Slaskie
Poland

Introduction

Pursuant to the provisions of the Act on Service Provision by Electronic Means of 18 July 2002 (Journal of Laws 2002, No. 144, item 1204, as amended), Paplus International Sp. z o.o introduces the following Rules, which in particular specify the types and scope of services provided by electronic means, the conditions of provision of such services, including the technical requirements and a ban on providing illegal content, privacy policy, conditions of concluding and termination of agreements on service provision by electronic means, conditions of providing marketing information and procedures of handling complaints.

I. General

  1. Definitions of terms used in the Rules:
    1. The Act - Act on Service Provision by Electronic Means of 18 July 2002 (Journal of Laws 2002, No. 144, item 1204)
    2. ICT (Information and Communications Technology) system - a set of information devices and software which enables processing and storage of data, as well as sending and receiving them over telecommunications networks, by means of a terminal device appropriate for a specific type of network, as understood in the Telecommunications Law.
    3. Services provided by electronic means - providing services, which is executed by sending and receiving data by ICT systems, at an individual request of the Client, without the simultaneous presence of the parties, with the data being transmitted over public networks, as understood by the Telecommunications Law,
    4. Means of electronic communications - technical solutions, including ICT devices and software tools used with them, which enable remote individual communication by means of data transmission between ICT systems, in particular by electronic mail.
    5. Service Provider - Paplus International Sp. z o.o., ul. Powstańców 16, 41-100 Siemianowice Śląskie
    6. Client - an entity which uses services provided by the Service Provider, which is a party to a service agreement, which is an individual, a legal entity or an organisational unit without legal personality, which will declare to follow these rules. A Client may also be an entity which shall order provision of specific services provided by electronic means under the rules specified below.
    7. Technical specification - a set of information about an ICT system of the Service Provider and the technical requirements necessary to cooperate with the system.
  2. Expressing consent to these Rules when services are activated, by means of the website, or placing an order by electronic mail, is equivalent to full acceptance of the provisions of these rules, without the need to draw up a separate agreement.

II. Types and scope of services provided by electronic means

  1. The service provider provides services by electronic means, in particular through the mobile app SeeU.
  2. The Service Provider also provides services under separate agreements, whose subject is the provision of services by electronic means.

III. Rules of service provision by electronic means

  1. The Service provider provides services to the Client within the scope and under the conditions specified in these rules or in an individual offer, if such was presented to and accepted by the Client.
  2. The Client declares to observe these rules.
  3. The Client shall observe a ban on abusing means of electronic communication and on providing the following content by means of or to the Service Provider’s ICT systems:
    1. Which disrupts the operation or cause overload of ICT systems of the Service Provider or other entities which take part, either indirectly or directly, in service provision by electronic means,
    2. Which violates third party rights, commonly accepted social standards or which are contrary to valid provisions of the law.
  4. The Service Provider reserves the right to conduct maintenance work in the ICT systems, which may hinder or prevent using the services by Clients. Information on the dates and planned duration of such work will be published on the website before such work starts.
  5. In special situations, when safety or stability of the ICT system may be affected, the Service Provider has a right to suspend or restrict the service provision without notice and to conduct maintenance work with the aim of restoring the safety and stability of the ICT system.
  6. The Service Provider declares to observe confidentiality of communication, called “ confidentiality of telecommunications ”, which concerns information transmitted over the public Internet network, data concerning and entered by Clients only within the Service provider’s ICT system and only when information covered by “confidentiality of telecommunications” are not commonly available as a matter of principle or whose disclosure is necessary to provide the service to which they are related in a proper manner. Information covered by “confidentiality of telecommunications” may be disclosed only in cases provided for by the agreement or by provisions of the law.
  7. Information covered by “confidentiality of telecommunications” may be processed by the Service Provider only if its processing is the subject of the service provided to Clients, it is necessary for its proper provision or for supervision over the operation of the Service Provider’s ICT system.
  8. Information about changes of the method and scope of services provided by the Service Provider and information which has to be provided to a Client under Art. 6 of the Act on Service Provision by Electronic Means will be made accessible by the Service Provider through its website and/or through an information newsletter sent by electronic mail.
  9. Detailed technical requirements which have to be met to use the Service Provider’s ICT system are specified in Appendix No. 1.

IV. Privacy policy

  1. Personal data are administered by Paplus International Sp. z o.o.
  2. Personal data are processed in accordance with the principles set forth in the Act of Personal Data Protection, the Act on Service Provision by Electronic Means and in these rules.
  3. Data are provided on a voluntary basis and they are processed:
    1. to comply with the law,
    2. to perform the agreement,
    3. for promotional and marketing activities of the Service Provider.
  4. Personal data are processed in cases specified in section 3.1) under the statutory authorization to process data which are necessary for compliance with the law; in cases specified in section 3.2) - under the authorisation to process personal data whenever it is necessary to achieve legally justified purposes by the data administrator or data recipients, as well as the consent expressed by the Client in Chapter 5 of these Rules.
  5. Personal data gathered by the Service provider can also be made available:
    1. to relevant state authorities at their request under the relevant provisions of the law,
    2. other persons and entities - when provided for by the law.
  6. The following types of Client’s data or data provided by a Client may be processed:
    1. name,
    2. login,
    3. gender,
    4. age,
    5. location.
  7. The Service Provider provides the necessary technical and organizational means which ensure safety of the personal data provided by users, especially such which prevent third-party access to such data or their illegal processing, data loss, their damage or destruction.
  8. Clients have a right to:
    1. access their personal data provided to the Service Provider, to supplement, correct and update them by electronic communication with the administrator or by editing the Client’s account details,
    2. request temporary or permanent abstaining from processing personal data or their removal, if they prove incomplete, invalid, inaccurate or gathered with violation of the law,
    3. object to their data being processed - as provided for by the law - and demand that such data be removed when they are no longer necessary to achieve the purpose for which they were gathered.
  9. In order to execute the rights set forth in sections 8.2) and 8.3), contact the data administrator: Paplus International Sp. z o.o. ul. Powstańców 16, 41-100 Siemianowice Śląskie
  10. After a Client stops using the services provided by the Service Provider as a result of termination of the agreement, refusal to accept changes in the rules, personal details of the Client may be processed when necessary to achieve the following purposes:
    1. laying claims against a Client in connection with a violation of the law and these rules,
    2. ascertaining whether the use of the services by the user was in conformity with the rules and provisions of the law,
    3. providing the Client with marketing materials which advertise or promote Service Provider’s activities, unless the Client revokes their consent.

V. Consent to processing personal data

  1. The Client hereby expresses consent to its personal data being processed (by logging in to the app) by Paplus International Sp. z o.o., ul. Powstańców 16, 41-100 Siemianowice Śląskie, specified in Chapter 4.6 of the Rules, as necessary for the activities of the Service Provider specified in Chapter 4.3.
  2. Personal data of other persons entered in the Service Provider’s ICT system by a Client are regarded as fictitious and entered only to test a service.
  3. Data can be processed in accordance with the rules specified in Chapter 4 of the Rules.
  4. A consent is expressed voluntarily.

VI. Conditions of concluding and terminating agreements

  1. The Service Provider undertakes to start provision of services within 3 business days of concluding an agreement or within 3 business days of registering on to the Service.
  2. Promotional or marketing information is regarded as requested if the Client expressed consent to receiving such information by registering in the Service Provider’s ICT system.
  3. The Client may request discontinuation of sending him offers or modification of his settings through the mobile application or by a direct contact by means of an e-mail: support@seeu.eu.
  4. Such a request, referred to in section 3, is tantamount to termination of the agreement for service provision by electronic means.

VII. The complaint handling procedure

  1. Complaints may be filed because of:
    1. The Service Provider’s failure to keep the deadline for starting service provision to the Client,
    2. Failure to provide, improper provision of a service or its faulty settlement.
  2. A complaint is valid only if it is filed in writing.
  3. A complaint may be filed within 30 days of the day when the service was provided or was to have been provided.
  4. A complaint regarding a failure to provide or improper provision of a service must specify its subject and justifying circumstances.
  5. The Service Provider shall consider a complaint within 14 days, counting as from the date of its filing. If a complaint cannot be considered, the Service Provider shall inform the Client who has filed the complaint, within the same time period, about the cause for delay and about the planned deadline for considering the complaint.
  6. If conditions specified in the complaint handling procedure are violated, a complaint may be rejected.

VIII. Final provisions

  1. In matters unregulated by these rules, provisions of the Civil Code (Journal of Laws 1964, No. 16, item 93, as amended), the Act on Service Provision by Electronic Means (Journal of Laws, 2002, No. 144, item 1204, as amended) and other provisions of the law shall apply.
  2. Any disputes arising from these rules, with individuals who are clients, shall be solved by a common court of law with a jurisdiction over the Client’s place of residence; otherwise, they shall be solved by a common court of law with a jurisdiction over the seat of the Service Provider.

IX. Appendix No. 1

Technical requirements which must be met to use electronic services provided by Paplus International sp. z o.o. include mobile device equipped with:
  1. Android 4.4 and higher or iOS 9.3 and above.
  2. 1024 MB of RAM
  3. Internet access