TERMS AND CONDITIONS OF NEWSLETTER SERVICES
I GENERAL PROVISIONS
- This document (hereinafter also: "Regulations") defines detailed rules of providing the service "MODIVO SA Corporate Website Newsletter" by MODIVO S.A. with its registered office in Zielona Góra, ul. Nowy Kisielin - Nowa 9, 66-002 Zielona Góra (which is also an address for delivery), entered in the Register of Entrepreneurs of the National Court Register kept by the District Court in Zielona Góra VIII Commercial Division of the National Court Register, under KRS number 0000541722, NIP 929-13-53-356, BDO 000031285, REGON 970569861, with share capital of PLN 2,008,001.00, paid in full; e-mail address: [email protected] (hereinafter also: "Service Provider"). The basis is the regulations referred to in Art. 8 of the Act of July 18, 2002 on the provision of services by electronic means (Journal of Laws No. 144, item 1204, as amended).
- The Newsletter Service is provided via FreshMail (hereinafter also: "Processor"). The Processor performs an auxiliary function for the Service Provider, provides functions resulting from the GDPR and is obliged to maintain secrecy in the area of personal data processing.
- The Newsletter service of MODIVO SA Corporate Website may be used by a natural person, or a legal person acting through an authorized person, or an organizational unit without legal personality, to which the law grants legal capacity, having the full legal capacity (hereinafter also: "Service Recipient"). If the Service Recipient is a natural person with limited legal capacity, he undertakes to obtain the legally effective consent of his statutory representative to conclude an agreement for the provision of the Newsletter service of the MODIVO SA Corporate Website (hereinafter also: "Agreement"), and to present such consent at any request of the Service Provider, however, as a rule, the Agreement has the nature of an agreement commonly concluded for minor day-to-day matters. The Service Provider does not charge the Recipients for the provision of the Newsletter of the MODIVO SA Corporate Website.
II RULES FOR USING THE MODIVO SA CORPORATE WEBSITE NEWSLETTER SERVICE
- The MODIVO SA Corporate Website Newsletter Service, provided by the Service Provider through the Processor at the request of the Service Recipient after the conclusion of the Agreement, includes the receipt by the Service Recipients who have provided the Service Provider with their e-mail address, notifications, and materials appearing on the corporate website (hereinafter also: the "Website") corresponding to the nature of the Website.
- Using the MODIVO SA Corporate Website Newsletter service is possible after completing the next steps by the Service Recipient: providing your email address for the purpose of sending; accepting the provisions of these Regulations by checking the appropriate checkbox in the relevant field of the pop-up window on the Website; clicking on the activation link confirming the desire to receive notifications, sent to the email address provided by the Service Recipient (the moment of starting the MODIVO SA Corporate Website Newsletter service).
- The MODIVO SA Corporate Website Newsletter service is provided for an indefinite period.
- In particular, the Service Recipient is obliged to provide the Service Provider only with real, current, and necessary data, and to use the services offered by the Service Provider in a manner consistent with the provisions of applicable law, the provisions of the Regulations, as well as with the customs and rules of social coexistence accepted in this regard, in particular, not to provide content of an unlawful nature, and in a manner that does not violate the rights of third parties.
- The Service Provider stipulates that in the implementation of the MODIVO SA Corporate Website Newsletter service, the Service Recipient is not able to change/supplement the data indicated in the subscription form. In the event that the Service Recipient wishes to modify the email address to receive notifications, it is required that the Service Recipient unsubscribe from the existing notifications via the dedicated unsubscribe link included at the end of each email sent within the MODIVO Career Site Newsletter and re-subscribe to the MODIVO SA Corporate Site Newsletter under the rules indicated in point II.2 above, taking into account the new notification preferences.
- Using the MODIVO SA Corporate Website Newsletter as an electronically provided service is associated with typical risks associated with the transmission of data over the Internet, such as dissemination of the Service Recipient's data, access by unauthorized persons, or its loss. The Service Provider and the Service Recipient are obliged to take measures to minimize these risks.
III PERSONAL DATA PROTECTION
- The Service Recipient's personal data is processed by the Service Provider as the personal data administrator and the Processor in order to provide the MODIVO SA Corporate Website Newsletter service.
- Providing personal data by the Service Recipient is voluntary, but necessary in order to use the MODIVO SA Corporate Website Newsletter service.
- The Service Recipient has the right to access their personal data, including to request a copy of their data, to request rectification, restriction of processing or deletion of their data, and to resign from the MODIVO SA Corporate Website Newsletter, and in addition, the Service Recipient has the right to transfer their personal data (e.g., to another administrator, where personal data is processed by automated means, and the processing is based on consent or on the basis of necessity for the performance of the agreement). The Service Recipient also has the right to file a complaint with the President of the Personal Data Protection Office.
IV INTELLECTUAL PROPERTY
- Exclusive rights to all elements, including works within the meaning of the Act on Copyright and Related Rights of February 4, 1994 (Journal of Laws No. 24, item 83, as amended), made available by the Service Provider, in particular copyright, belong to the Service Provider or entities with which the Service Provider has concluded relevant agreements. The Service Recipient is entitled to use the aforementioned content free of charge only for personal use and only for the purpose of proper use of the MODIVO SA Corporate Website Newsletter service, throughout the world. Use of the aforementioned content in any other scope is permitted only based on express prior consent granted by an authorized entity in writing under pain of nullity.
V COMPLAINT PROCEDURE
- The Service Recipient may submit reservations related to the MODIVO SA Corporate Website Newsletter service in the form of a complaint.
- The Service Provider shall respond to the complaint immediately, no later than within 30 days from the date of its submission.
- Complaints related to the provision of the MODIVO SA Corporate Website Newsletter service can be submitted, for example, in writing to the address: Nowy Kisielin - Nowa 9, 66-002 Zielona Góra, or to the email: [email protected].
- In order to expedite the processing of the complaint, please indicate the Service Recipient (name, surname, and email address that was provided at the time of signing up for the MODIVO SA Corporate Website Newsletter service / contact information of the complainant) and the subject of the complaint and describe the circumstances justifying the complaint.
- Neither the Service Provider nor its employees, authorized representatives, and proxies shall be liable to the non-consumer Service Recipient, its subcontractors, employees, authorized representatives and/or proxies for any damages, including loss of profits, unless the damage was caused by them intentionally. Whenever the liability of the Service Provider, its employees, authorized representatives and/or proxies is established, such liability to the non-consumer Service Recipient, regardless of its legal basis, shall be limited – both in a single claim and for all claims in the aggregate – to the amount of five hundred zlotys.
VI TERMINATION OF THE AGREEMENT AND CHANGE OF REGULATIONS
- The Service Recipient has the option, at any time and without giving any reason, to unsubscribe from the MODIVO SA Corporate Website Newsletter service (resignation from the service), in particular by clicking on the deactivation link contained in each email sent to the Service Recipient within the MODIVO SA Corporate Website Newsletter service. Unsubscribing from the list of recipients is tantamount to the withdrawal of consent to the processing of personal data.
- The Service Provider may terminate the Agreement at any time with one month's notice for important reasons, understood as (closed catalog): a change in the laws governing the provision of services by electronic means by the Service Provider, affecting the mutual rights and obligations set forth in the Agreement, or a change in the interpretation of the aforementioned laws as a result of court rulings, decisions, recommendations or recommendations of the relevant authorities or bodies; a change in the provision of services due to technical or technological reasons (in particular, an update of the technical requirements indicated in these Regulations); a change in the scope or provision of services to which the provisions of the Regulations apply, through the introduction of new, modification, or withdrawal by the Service Provider of existing functionalities or services covered by the Regulations.
- The Service Provider shall send its statement to the extent specified in paragraph 2 above to the e-mail address provided by the Service Recipient during subscription to the MODIVO SA Corporate Website Newsletter service.
- The Service Provider may terminate the Agreement with seven days' notice period or refuse further right to use the MODIVO SA Corporate Website Newsletter service to the Service Recipient, as well as may restrict the Service Recipient's access to some or all of the content referred to in point IV above, for important reasons, i.e. in the case of gross violation of these Regulations by the Service Recipient, i.e. in situations where the Service Recipient violates the provisions of point II.4 of the Regulations (closed catalog).
- The Service Provider may change these Regulations in the event of at least one of the reasons specified in point VI.2 above.
- In the case of making changes to the Regulations, the Service Provider shall provide access to the unified text of the Regulations by publication on the Website and by means of a message sent to the e-mail address provided by the Service Recipient during registration for the MODIVO SA Corporate Website Newsletter service.
- The amendment to the Regulations shall become effective 14 days from the date of sending information about the amendment to the e-mail address referred to in point VI.6 above. The Service Recipient has the right to terminate the Agreement within 14 days of being notified of the change in the Regulations.
VII FINAL PROVISIONS
- These Regulations are also available at: corporate.modivo.com and are effective from 7.11.2022.
- The contract is concluded in Polish.
- The consolidation, security, and access to the essential provisions of the concluded Agreement shall be made by sending an e-mail to the e-mail address provided by the Service Recipient during registration for the MODIVO SA Corporate Website Newsletter service.
- The law applicable to the Agreement is the law of the Republic of Poland, and the competent courts are the common courts of the Republic of Poland unless otherwise provided by mandatory provisions of law.