at WAKS Sp. z o.o., ul. Mikołowska 39, 44-200 Rybnik
NIP: 6423187865, KRS: 0000520394
- Definitions of terms used in the Regulations:
- Act – the Act on the provision of electronic services of July 18, 2002 (Journal of Laws of 2002, No. 144, item 1204),
- ICT 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 network within the meaning of telecommunications law,
- Services provided electronically – the performance of a service that takes place by sending and receiving data via ICT systems, at the individual request of the Customer, without the simultaneous presence of the parties, and the data is transmitted via public networks within the meaning of telecommunications law
- Electronic communication means – technical solutions, including ICT devices and software tools cooperating with them, enabling individual communication at a distance using data transmission between ICT systems, in particular e-mail,
- Service Provider – WAKS Sp. z o.o.,
- Service Recipient – an entity using the services of the Service Provider who is a party to the contract for the provision of services, being a natural person, legal person or an organizational unit without legal personality, which undertakes to comply with these regulations. The customer is also an entity that orders the provision of certain services by electronic means on the terms set out below.
- Technical specification – a set of information about the Service Provider’s IT system and technical requirements necessary for cooperation with this system.
- Expressing consent to comply with these Regulations when starting the service, using a website or placing an order by e-mail, is tantamount to full acceptance of the terms of the regulations without the need to draw up a separate agreement.
Types and scope of services provided by electronic means
- The service provider provides services by electronic means, in particular:
- The “Newsletter” service, i.e. the delivery of electronic messages with the latest information related to the subject of the website,
- He runs an online store
- The service provider also provides services on the basis of separate contracts, the subject of which is the provision of services by electronic means.
Terms of providing services by electronic means.
- The Service Provider provides services to the Service Recipient to the extent and under the conditions set out in these regulations or an individual offer, if such has been submitted and accepted by the Service Recipient.
- The Service Recipient undertakes to comply with these Regulations.
- The Service Recipient is obliged to comply with the ban on the abuse of electronic means of communication and not to provide the following content by or to the Service Provider’s ICT systems:
- Causing work disruption or overloading the ICT systems of the Service Provider or other entities directly or indirectly participating in the provision of electronic services,
- They violate the interests of third parties, generally accepted social norms or are inconsistent with generally applicable laws.
- The Service Provider reserves the right to carry out maintenance works on the ICT system that may cause difficulties or prevent the Customers from using the services. The dates of the works and their estimated duration will be published on the website before the works commence.
- In special cases affecting the security or stability of the ICT system, the Service Provider has the right to temporarily stop or limit the provision of services, without prior notice and without prior notification and carrying out maintenance works aimed at restoring the security and stability of the ICT system.
- The Service Provider provides the Service Recipients with the secret of communication called “telecommunications secret”, which includes information transferred on the public Internet, data concerning and entered by the Service Users only within the Service Provider’s ICT system and only in the case where the information covered by the “telecommunications secret” is not public in principle or their disclosure is not necessary for the proper provision of the service to which they relate. Information covered by “telecommunications secret” may be disclosed only in cases specified in the contract or in the law.
- Information covered by “telecommunications confidentiality” may be processed by the Service Provider only if the processing is the subject of the service provided to the Service Users, it is necessary for its proper performance or supervision over the proper operation of the Service Provider’s ICT system.
- Access to information, about changes in the manner and scope of services provided by the Service Provider and to information that the Service Provider will provide to the Service Recipient under Art. 6 of the Act on Providing Services by Electronic Means through a website and / or via an electronic mailing guide.
- Detailed technical requirements necessary to cooperate with the Service Provider’s IT system consist of Appendix 1.
- The administrator of the Customers’ personal data is WAKS Sp. z o.o.
- The processing of personal data takes place on the terms specified in the Act on the Protection of Personal Data, the Act on the provision of electronic services and the provisions of these Regulations.
- The provision of personal data is voluntary, and their processing takes place:
- in order to implement the law,
- in order to perform the contract,
- for the Service Provider’s promotional and commercial activities.
- The legal basis for the processing of personal data in the case referred to in paragraph 3 point 1 is the statutory authorization to process data necessary for lawful operation, and in the case referred to in paragraph 3 point 2, the contractual authorization to process personal data in in the event that it is necessary to fulfill legally justified purposes pursued by the data administrator or data recipients and the consent of the Service Recipient expressed in Chapter 5 of these Regulations.
- Personal data collected by the Service Provider may also be made available:
- relevant state authorities at their request on the basis of relevant legal provisions,
- other persons and entities – in cases provided for by law.
- The processing of the Customers’ personal data and the personal data entered by them may concern:
- E-mail addresses,
- Names and surnames,
- Login names,
- Address of residence or stay,
- Shipping address (other than home address)
- Phone number
- The Service Provider provides appropriate technical and organizational measures to ensure the security of personal data provided by users, in particular preventing third parties from accessing them or processing them in violation of the law, preventing data loss, damage or destruction.
- Recipients have the right to:
- access to your shared personal data, the right to supplement, correct and update the content of the data by electronic communication with the data controller or by editing account details,
- requesting a temporary or permanent suspension of the processing of personal data or their removal, if they turn out to be incomplete, out of date, untrue or collected in violation of the law,
- object to the processing of their personal data – in cases provided for by law – and the right to request their removal when they become unnecessary to achieve the purpose for which they were collected.
- In order to implement points 2 and 3, paragraph 8, please contact the Data Administrator, i.e. WAKS Sp. z o.o., ul. Mikołowska 39, 44-200 Rybnik.
- After the Service Recipient has finished using the services provided by the Service Provider, as a result of termination or refusal to accept changes to the regulations, the Service Recipient’s personal data may be processed to the extent necessary to achieve the following purposes:
- pursuing liability in connection with the violation of the law and regulations by the user,
- determining whether the user’s use of the services was in accordance with the regulations and the law,
- providing the user with marketing materials constituting advertising or promotion of the Service Provider’s activities.
Consent to the processing of personal data
- The Service Recipient hereby consents to the processing of his personal data by WAKS Sp. z o.o., indicated in Chapter 4 point 6 of the Regulations, for the needs of the Service Provider’s activities specified in Chapter 4 point 3.
- Personal data of other persons entered into the Service Provider’s ICT system by the Service Recipient are considered fictitious and entered only for the purpose of testing the relevant service, which takes place on the basis of a separate written contract for entrusting the processing of personal data.
- The processing of personal data will be carried out on the principles set out in Chapter 4 of the Regulations.
- Expressing consent is voluntary.
Conditions for concluding and terminating contracts
- The Service Provider undertakes to start providing services no later than 3 working days from the date of concluding the contract or 3 working days from registering on the Service Provider’s website.
- Promotional or commercial information is considered to be ordered if the Service Recipient has consented to receive such information by registering in the Service Provider’s IT system, in particular, has provided an e-mail identifying him for this purpose.
- The Service Recipient may at any time resign from receiving offers or modify his settings via the website or by direct contact by e-mail or telephone.
- The resignation referred to in point 3 is tantamount to the termination of the contract for the provision of electronic services.
- Complaints may be submitted under the title:
- Failure to meet, through the fault of the Service Provider, the date specified in the contract for the commencement of the provision of services to the Service Recipient,
- Non-performance, improper performance of services or their defective settlement.
- The complaint must be made in writing, otherwise null and void.
- A complaint may be filed within 30 days from the date on which the service was performed or was to be performed.
- Complaints regarding non-performance or improper performance of the service must contain, in particular, its subject and the circumstances justifying it.
- The Service Provider considers complaints within 14 days from the date of its submission. If the complaint cannot be processed within this time, the Service Provider shall notify the claimant in writing about the reasons for the delay and the expected date of considering the complaint within this period.
- In the event of a breach of the terms of the complaint procedure, the complaint may not be recognized.
Transitional and final provisions
- In matters not covered by these regulations, the provisions of the Civil Code (Journal of Laws 1964 No. 16, item 93, as amended), the Act on the provision of electronic services (Journal of Laws of 2002 No. 144 item 1204, as amended) .) and other provisions of generally applicable law.
- The common court competent for the seat of the Service Provider is competent to resolve disputes arising from these Regulations.