TERMS OF SERVICE
TERMS OF SERVICE AND POLICY PRIVACY OF COFFEEDESK BIZ PLATFORM
These Terms of Service prescribe the terms and conditions of using the Internet platform available at www.coffeedesk.biz, controlled and owned by the Service Provider.
AGREEMENT – an agreement for provision of Services by electronic means concluded by and between the Service Provider and User, the general provisions of which shall constitute these Terms of Service
NEWSLETTER – a service provided by electronic means, through which Users are notified on news on the Platform by receiving selected and edited content in the form of an electronic letter from the Service Provider
PLATFORM – the website available at www.coffeedesk.biz
SERVICE PROVIDER – AllGood Sp. z o.o. with its registered office in Kołobrzeg at ul. Mazowiecka 26E/1, entered in the register of entrepreneurs under National Court Register Number KRS 0000435559, whose company files are kept by the District Court in Koszalin, 9th Commercial Division of the National Court Register, identified with its Taxpayer Identification Number (NIP): 6711812675 and National Business Registry Number REGON: 321281341; with share capital in the amount of PLN 133,500.00
Service Provider’s e-mail address: email@example.com
SERVICES – services provided by electronic means by the Service Provider on the basis of the Terms of Service through the Platform; in particular the Service in the form of interactive forms available at the Platform pages
TERMS OF SERVICE – these terms of service regulating provision of Services through the Platform
USER – an entity with full capacity to perform acts in law, using the Services in connection with his/her professional or business activity
I. INTRODUCTORY INFORMATION
- The Service Provider shall provide these Terms of Service to the User on the Platform free of charge prior to the conclusion of the Agreement, as well as – upon his/her request – in a way which enables obtaining, copying and recording the content of the Terms of Service by means of a teleinformatic system used by the User.
- Using the Platform shall be possible only upon acceptance of the Terms of Service. If the User fails to read the Terms of Service and refuses to accept them, he/she may not use the Services.
- The Service Provider shall make the Platform and Services available free of charge.
- It shall not be allowed to use the Platform in a way contrary to the provisions of these Terms of Service, applicable legal provisions, good practices or rules of social co-existence. The User shall not be not allowed to provide content of unlawful nature.
- The Service Provider shall not place on the Platform any commercial information or offers filed in an electronic form. In particular, the provisions pertaining to filing an offer in an electronic form shall not apply.
- 6. The User may not publish any elements of the Platform, as well as materials provided on the Platform, to which he/she does not hold right, without the consent of Service Provider or authorized persons. The Users shall not have the right to record and copy the Platform on any storage carrier.
II. TERMS AND CONDITIONS OF PROVISION OF SERVICES
- In order to enjoy the functionalities of the Platform, the User shall satisfy the following minimum technical conditions:
- a device with the Internet access which enables displaying the Platform interface,
- an installed and updated Internet browser:Microsoft Internet Explorer 8.0 or higher, Mozilla FireFox 20.0 or higher, Apple Safari 4.0 or higher and Google Chrome 23.0 or higher,
- an active e-mail account,
- If the Service requires providing data, including personal data, then the Service Provider shall mark the data necessary for performance of the Service and fields which shall be mandatory filled with such data.
- Each of the Agreements for provision of services by electronic means may be terminated by the User at any time, and if this requires a relevant User’s declaration, then the termination shall be effective upon its receipt by the Service Provider.
- The Agreements for provision of services by electronic means which consist in using the form functionalities shall be concluded for a limited period of time and shall be dissolved upon sending the form content to the Service Provider or upon ceasing to use them. The User may also resign from the Services rendered by means of interactive forms through refraining from using such Services.
- The Service Provider shall provide the Newsletter subscription service free of charge for the Users who give their voluntary consent to this. In order to subscribe for the Newsletter, the User shall order the Newsletter service by means of the application form available on the Website and by providing his/her e-mail address. Upon activation of the button “OK”, the Service Provider and User conclude the agreement for provision of Newsletter service for an unlimited period of time. The User may at any time terminate the agreement for provision of the Newsletter service by deactivating his/her subscription. Resignation from the Newsletter shall be executed through a relevant link provided in the footnote of each message sent under the Newsletter.
- The consent concerning the receipt of commercial information by electronic means sent by the Service Provider shall be voluntary and the User may cancel it at any time.
- The Service Provider shall provide teleinformatic infrastructure and ensure its smooth technical operation, what shall constitute the scope of its liability for the Platform and Services.
- The User shall have the right to file a complaint concerning operation of the Platform. The complaint should include at least details enabling identification of the User (first and last name, address for correspondence) and state justified reservations and comments concerning the Platform or the Services. The complaint shall be sent at the e-mail address firstname.lastname@example.org or at the address of the registered office of the Service Provider as stated at the beginning. If the complaint needs to be complemented, then the Service Provider shall request the complaining person to make the complaint more specific.
- The Service Provider shall take a stance towards the complaint within 14 (fourteen) days from the receipt of such complaint if it had been filed correctly. The User shall receive a response at the address, from which the complaint has been sent, or at the address stated in the complaint notification form.
IV. PERSONAL DATA
- Personal data provided by the User shall be processed by the Service Provider, who is the Personal Data Controller within the meaning of the Data Protection Act of August 29, 1997 (Journal of Laws of 1997 No. 133 item 883, as amended).
- The scope of the processed personal data shall be determined by the scope of data completed by the User and sent to the Service Provider by means of relevant form. Processing User’s personal data may pertain to his/her e-mail address, first and last name, phone number and computer IP address.
- Personal data of Users shall be processed for the following purposes: (a) realization of legal provisions, b) provision of services by electronic means, including examination of filed complaints and other actions as specified in these Terms of Service, (c) promotional and commercial actions of the Service Provider.
- Providing the personal data shall be voluntary, but the lack of consent to process personal data marked as obligatory shall prevent performance of the Services and agreements by the Service Provider.
- The legal basis for processing personal data in the case referred to in clause 3(a) shall be the statutory authorization to process data which are essential to act in accordance with the law, whereas in the case referred to in clauses 3(b) and 3(c) it shall be the statutory authorization to process data which are necessary to perform an agreement if a person to whom the data refer is a party to such agreement, or if it is essential for undertaking certain actions prior to conclusion of the agreement upon request of the person to whom the data refer, or a voluntary consent of the User.
- Personal data of Users may be transferred only for the purpose of performing the agreements for provision of services by electronic means by the Service Providerto a hosting company and newsletter provider.
- Disclosing the personal data to unauthorized entities under the Terms of Service may take place only upon prior consent of the User to whom such data pertain.
- 8. The User shall have the right to control processing the data which pertains to him/her and are included in databases, in particular the right to:
- access his/her personal data, complement and correct them by reporting such request to the Service Provider,
- request temporary or permanent suspension of their processing or their removal if they are incomplete, invalid, inaccurate or if they have been collected in violation of the law or they have become unnecessary to realize the purpose, for which they had been collected,
- object processing his/her personal data – in the cases prescribed in the legal provisions – and the right to request their removal if they become unnecessary to realize the purpose, for which they have been collected.
- The provided personal data shall be stored and secured in accordance with the rules prescribed in the applicable legal provisions: the Personal Data Protection Act of 29 June 1997 (Journal of Laws of 2002 No. 101, item 926, as amended), the Act of 18 July 2002 on provision of services by electronic means (Journal of Laws No. 144, item 1204, as amended), the Ordinance of the Minister of Interior and Administration of 29 April 2004 on the documentation of personal data processing, and technological and organizational conditions which shall be met by devices and IT systems used for personal data processing (Journal of Laws No. 100, item 1024).
- If the Service Provider is advised that the User uses the service provided by electronic means in a way violating the Terms of Service or applicable provisions of law (unauthorized use), then the Service Provider may process the personal data of the User in the scope required for establishing liability of the User.
- 11. The service may store http enquiries, therefore the files containing web server logs may store certain data, including the IP address of the computer sending the enquiry, the name of User’s station – identification through http protocol, if possible, date and system time of registration on the Platform and receipt of the enquiry, number of bytes sent by the server, the URL address of the site visited by the User before if the User has entered the service through a link, information concerning User’s browser, information concerning errors occurred by realization of the http transaction. Web server logs may be collected for the purpose of proper administration of the Platform. Only persons authorized to administer the IT system shall have access to the data. Files containing web server logs may be analyzed for the purposes of preparing statistics concerning traffic on the Platform and occurring errors. Summary of such details shall not identify the User.
V. INFORMATION SECURITY
- The Service Provider shall apply technological and organizational means in order to secure processing the personal data appropriate to the threats and category of data to be secured, in particular, through technical and organizational means the Service Provider shall secure data against publishing to unauthorized persons, taking over by an unauthorized person, processing in violation of the law and change, loss, damage or destruction.
- 2. At the same time the Service Provider states that using the Internet and services provided by electronic means may pose specific teleinformatic threats, such as for instance: presence and operation of worms, spyware or malware software, including computer viruses, as well as possibility of being exposed to cracking or phishing (fishing passwords) and other. In order to obtain detailed and professional information related to the security in the Internet, the Service Provider recommends taking advice from entities specializing in such IT services.
- It is not possible to identify the User on the basis of Cookie files, whether session or permanent. The Cookie mechanism prevents collecting any personal data.
- Cookies used on the Platform are safe for the User’s device, in particular they prevent viruses or other software break into to the device.
- Files generated directly by the Platform may not be read by other Internet services. Third-Party Cookies (i.e. Cookies provided by associates of the Service Provider) may be read by an external server.
- The User may disable storing Cookies on his/her device or delete Cookies stored on the device at any time in accordance with the instructions of the browser producer, but this may disable certain parts of or the entire operation of the Platform.
- The User shall use own Cookies for the following purposes: authenticating the User on the Platform and preserving User’s session; configuration of the Platform and adjusting the content of pages to User’s preferences, such as: recognizing User’s device, remembering settings set up by the User; Cookies ensuring security of data and use of the Platform; analyses and researches of views; advertisement services.
- The Service Provider shall use third-party Cookies for the following purposes: preparing statistics (anonymous) for the purposes of optimizing functionality of the Platform, by means of analytic tools such as Google Analytics and Sales Bee; using interactive functions by means of social networks: twitter.com, instagram.com and facebook.com.
- Details concerning Cookies support are available in the settings of a browser used by the User.
VII. FINAL PROVISIONS
- The Service Provider may amend these Terms of Service due to material reasons, whether legal (change of law related to the Service Provider’s activity or change of the Service Provider’s legal form) or technical (modernization of the Platform).
- The Users shall be notified on any amendment to the Terms of Service by a message displayed on the Platform homepage 7 (seven) days before they come into effect.
- The User shall accept anew or refuse to accept the provisions of the Terms of Service. Lack of acceptance of the amended Terms of Service shall mean resignation from the Services.
- The governing law for liabilities resulting from the Agreements and the Terms of Service shall be the Polish law. To any matters not specified in these Terms of Service, relevant provisions of the Polish law, in particular of the Civil Code, shall apply. To any obligations resulting from these Terms of Service the provisions prescribed in the Vienna Convention of 11 April 1980 on Contracts for the International Sale of Goods shall not apply. Nevertheless, any disputable issues arising between the Service Provider and User shall be settled by the court having local jurisdiction over the registered office of the Service Provider.
- With regard to the agreements concluded between the Service Provider and Users using the Platform, the Service Provider shall be held liable only in the case of culpable damage and to the extent of damage actually incurred by the User.
- 6. These Terms of Service shall be effective as of: June 1, 2016.