The Newsletter Terms and Conditions, henceforth referred to as the ‘Terms and Conditions’, define the rights and obligations of the parties to the Newsletter service provided electronically through a telecommunications network. These Terms and Conditions constitute a model contract within art. 384 of the Act of 23 April 1964 Civil Code.
Drafting of these Terms and Conditions is the fulfilment of the obligation set out in art. 8 section 1 point 1 of the Act of 18 July 2002 on electronic provision of services. Acceptance of the Terms and Conditions means expressing the will to conclude an agreement with the Administrator under the terms and conditions specified in the Newsletter Terms and Conditions.
Chapter 1.
General provisions
The terms used in the Terms and Conditions shall have the following meanings:
- Commercial information – commercial information, within the meaning of the Act of 18 July 2002 on provision of services by electronic means,
- Newsletter – a message transmitted by e-mail containing commercial information within the meaning of the Act of 18 July 2002 on provision of services by electronic means,
- Terms and Conditions – Newsletter Terms and Conditions,
- Administrator – Organic Future Institute Katarzyna Kieszkowska,
5 Sędziowska St. 02-081 Warsaw NIP: 5321016473
- User – person who has signed up for the Newsletter service,
- Service – Newsletter service, and
- Service Agreement – agreement for provision of the Newsletter service electronically.
Chapter 2.
Types and scope of electronically provided services
The terms used in the Terms of Service have the following meanings:
- The services offered by the Administrator consist in receiving a newsletter containing marketing information, in particular commercial information about the services of the Administrator and its cooperating entities.
- As soon as the box is ticked and the ‘Send’ button is pressed, these Terms and Conditions are accepted by the person providing data in the newsletter subscription form, thus the newsletter service agreement is entered into electronically. Upon this moment the Administrator shall become obliged to provide the services specified in these Terms and Conditions.
Chapter 3.
Conditions for the provision of services by electronic means
The terms used in the Terms of Service have the following meanings:
- In order to use the Service correctly, it is necessary to have a device connected to the Internet with software capable of receiving and reading e-mail messages.
Risks related to the provision of the Service and data security:
- The systems and applications used by the Administrator ensure a high standard of security and personal data protection. However, the user should be aware that the use of the newsletter service requires the use of a public telecommunication network (the Internet), which entails an increased risk of the following threats:
- The possibility of receiving spam, i.e. unsolicited advertising (commercial) information transmitted electronically;
- The presence and operation of malware, including: computer viruses, i.e. specific software that is able, once launched, to infect files in a self-replicating manner, usually without being noticed by the user; viruses can be more or less harmful to the operating system in which they reside. The vehicle for this type of software can be email attachments;
- The presence and operation of Internet worms, i.e. malicious software capable of self-replication; in this case, the lack of proper maintenance (updating of software) of the IT system by the user can lead to an Internet worm attack;
- The possibility of spyware, i.e. software that spies on the user’s Internet activities, installing itself without the user’s knowledge, consent or control;
- The possibility of being exposed to cracking (security breaches) or phishing (password fishing);
- Sniffing – unauthorised eavesdropping, other than those falling within the terms cracking and phishing, involving the use of a sniffer – a computer program designed to intercept and possibly analyse data flowing over a network;
- The possibility of being exposed to the actions of other unwanted or ‘malicious’ software, performing actions not intended by the user.
Chapter 4.
Conditions for the conclusion and termination of contracts for the provision of electronic services
Terms and Conditions
- The Contract for the Services may be concluded by persons who are 16 years of age or older and who provide their email address in the newsletter subscription form and press the ‘Send’ button including acceptance of these Terms and Conditions and confirmation of their email address.
- The newsletter subscription form filled in by the person who intends to use the Service requires the provision of a valid and true e-mail address.
Conditions for termination of the Agreement
The Contract may be terminated in particular:
- At the request of the user, at any time, by clicking the ‘Unsubscribe’ button located in the footer of each newsletter;
- At the initiative of the Administrator, in the event of non-compliance by the user with the obligations required by the Terms and Conditions or in the event of inactivity (e.g. opening the message or clicking on the links contained therein) of the user for a period of at least one year from the last activity; and
- By raising an objection to the processing of personal data.
The Administrator reserves the right to terminate the provision of the Service without giving any reasons for doing so, with prior notice to the users.
Chapter 5.
Protection of personal data and confidentiality
Conditions for concluding the Agreement:
- The Administrator is the controller of the personal data collected for the performance of the Service.
- The personal data will be processed in order to perform the contract for the provision of services by electronic means pursuant to Article 6(1)(b) RODO, in particular the dispatch of the newsletter.
- Provision of personal data is voluntary; however, failure to provide such data will prevent the provision of services.
- The data provided will be processed for the period of limitation of claims resulting from non-performance or improper performance of this Agreement. This period will be calculated from the date of termination of this Agreement.
- The provision by the user of an e-mail address identifying himself/herself will be considered as an order for commercial information pursuant to Article 10(2) of the Act on the provision of electronic services.
- Individuals whose data are processed for the above purpose have the following rights in relation to the processing of personal data:
- The right of access to and rectification of personal data;
- The right to request the erasure of personal data;
- The right to request the restriction of the processing of personal data;
- The right to portability of personal data,
- The right to object to the processing of your data;
- The right to lodge a complaint with an authority – the data subject also has the right to lodge a complaint with the supervisory authority dealing with personal data protection, i.e. the President of the Office for Personal Data Protection.
Chapter 6.
Complaint procedure, contacts with the user, information and advertising messages, amendments to the Rules and Regulations
Complaint procedure
- The Administrator undertakes to remove any irregularities in the operation of the Service within a technically reasonable period of time in the event that the user reports irregularities by sending a message to the e-mail address: hello@naturallybalanced.org.
- Complaints should be sent to the e-mail address: The reported complaint will be considered within 14 from the day of its sending.
The user has the right to assert claims concerning the Service after the complaint procedure described above has been exhausted.
- The user has the possibility to use an out-of-court procedure for handling complaints and pursuing claims before the Permanent Consumer Arbitration Court at the Voivodeship Inspector of Trade Inspection in Warsaw. Information on how to access the aforementioned mode and dispute resolution procedures can be found at the following address: www.uokik.gov.pl, in the ‘Consumer Dispute Resolution’ tab.
- The user has the right to make use of out-of-court complaint and redress procedures. For this purpose, he/she may submit a complaint via the EU online ODR platform available at: http://ec.europa.eu/consumers/odr/.
Amendment procedure:
- The Administrator reserves the right to change the Terms of Use.
- Information about changes to the Terms of Use will be communicated to the users by individual electronic mails addressed directly to such a person.
- The Rules and Regulations and their amendments come into force on the day they are published on the Administrator’s website.
Chapter 7 Final provisions
Governing Law and Court
- All legal relations arising from these Terms and Conditions shall be governed by Polish law. Any disputes shall be resolved by the Polish common courts of competent jurisdiction.
Interpretation of the provisions of the Terms and Conditions
- Section titles are for information purposes only and shall not affect the interpretation of the provisions of these Terms and Conditions.