I. PRELIMINARY PROVISIONS
- This document (hereinafter also: “Terms and Conditions”) sets out detailed rules for the provision of the “Newsletter” service by Przedsiębiorstwo Wdrożeń i Zastosowań Biotechnologii i Inżynierii Genetycznej Bio-Gen sp. z o.o. with its registered office in Namysłów (at ul. 1-go Maja 26, 46-100 Namysłów), entered in the Register of Entrepreneurs of the National Court Register under number 0000208021 (registration court: District Court in Opole, 8th Commercial Division of the National Court Register).
- The Newsletter service may be used by a natural person, or a legal person acting through an authorised person, or an organisational unit without legal personality, to which the law grants legal capacity, with full legal capacity (hereinafter also: “Customer”). If the Customer is an individual with limited legal capacity, he or she undertakes to obtain the legally effective consent of his or her legal representative to conclude the Newsletter Service Agreement (hereinafter also: “Agreement”) and to present such consent at any request of the Service Provider, whereby as a general rule the Agreement is a contract commonly concluded for minor day-to-day matters.
- The Service Provider does not charge the Customer for the provision of the Newsletter service.
II. TERMS OF USE OF THE NEWSLETTER SERVICE
- The Newsletter service, provided at the request of the Customer upon conclusion of the Agreement, shall include receipt by the Customer, who has provided the Service Provider with his/her e-mail address, by electronic means, including by means of automatic calling systems, of commercial information concerning the products and services of the Service Provider and the Service Provider’s partners (a current list of which is provided within the Site), including in particular information on their current offer, promotions, discounts and marketing actions.
- The Newsletter service can be used after the following steps have been performed by the Customer:
- provide at least your e-mail address or telephone number, including in the relevant field on the Website, or tick the relevant checkbox to receive commercial information through the appropriate channel;
- accepting the provisions of these Terms and Conditions (including by clicking on the activation link sent by the Service Provider to the e-mail address provided by the Client – if such functionality has been made available). The Service Provider may also provide other ways to accept the provisions of the Terms and Conditions.
- The Newsletter service is provided for an indefinite period of time.
- In particular, the Customer is obliged to:
- to provide the Service Provider only with the true, current and all necessary data of the Customer;
- promptly update the data provided to the Service Provider in connection with the conclusion of the Agreement;
- use the services offered by the Service Provider in a manner that is consistent with applicable law and does not infringe on the rights of third parties, in accordance with the provisions of these Terms and Conditions, as well as with customary practice and principles of social coexistence, in particular the non-delivery of unlawful content.
III. PROTECTION OF PERSONAL DATA
- The Customer’s personal data is processed by the Service Provider as Data Controller in order to provide the Newsletter service.
- In order to ensure that advertisements, offers or promotions (discounts) are presented to all Customers in a manner tailored to the interests of a given Customer, the Service Provider may learn about the Customer’s preferences, e.g. by analysing how often the Customer visits the Site and whether and which products he buys or reserves in stationary shops belonging to the Service Provider.
- The provision of personal data by the Customer is voluntary, but necessary in order to use the Newsletter service.
- The Customer has the right to access his/her personal data, including requesting a copy of his/her personal data, requesting rectification, restriction of processing or deletion of his/her data and cancellation of the Newsletter service, to transfer his/her personal data, e.g. to another controller, to lodge a complaint with the President of the Office for Personal Data Protection.
- Additional information on data protection is contained in the “Privacy Policy” available within the Service.
IV. INTELLECTUAL PROPERTY OF THE SERVICE PROVIDER
Exclusive rights to all elements, including works within the meaning of the Act on Copyright and Related Rights of 4 February 1994 (Journal of Laws No. 24, item 83, as amended), made available by the Service Provider or the Service Provider’s partners, in particular copyright, are vested in the Service Provider or the entities with which the Service Provider has concluded the relevant agreements. The Customer is entitled to use the aforementioned content free of charge exclusively for his/her own personal use and exclusively for the correct use of the Newsletter service, worldwide. Any other use of the aforementioned content is only permissible with the express prior consent of an authorised party, in writing under pain of invalidity.
V. TERMINATION OF THE AGREEMENT AND AMENDMENT OF THE TERMS AND CONDITIONS
- The Customer shall have the possibility, at any time and without giving any reason, to unsubscribe from the Newsletter service (resignation from the service), in particular by clicking on the deactivation link included in each email sent to the Customer within the Newsletter service or by clicking on the appropriate button on the Site page, to which a link is included in the first message sent to the telephone number provided in connection with Newsletter service registration.
- The Service Provider may terminate the Agreement at any time with one month’s notice for valid reasons, understood as (closed list):
- a change in the law governing the provision of services by electronic means by the Service Provider affecting the mutual rights and obligations set out in the Agreement or a change in the interpretation of the aforementioned law as a result of court rulings, decisions, recommendations or recommendations of authorities or bodies competent in the matter;
- a change in the manner in which the services are provided due exclusively to technical or technological reasons (in particular, updates to the technical requirements set out in these Terms and Conditions);
- change in the scope or provision of the services to which the provisions of the Terms and Conditions apply, through the introduction of new, modification or withdrawal by the Service Provider of existing functionalities or services covered by the Terms and Conditions.
- The Service Provider shall send its statement within the scope of section 2 above to the email address or telephone number provided by the Customer during registration for the Newsletter service.
- The Service Provider may terminate the Agreement with seven days’ notice to the Customer or deny the Customer the further right to use the Newsletter service, as well as restrict the Customer’s access to part or all of the content referred to in point IV above for valid reasons, in particular in the event of a gross breach of these Terms and Conditions by the Customer.
- The Service Provider may amend these Terms and Conditions at any time.
- If the Terms and Conditions are amended, the Service Provider will make the consolidated text of the Terms and Conditions available by publishing it on the Site and by means of a message sent to the e-mail address provided by the Client when registering for the Newsletter service or a message sent to the telephone number provided with a link which will enable the Customer to read the consolidated text of the Terms and Conditions and save it.
- The amendment to the Terms and Conditions shall take effect 14 days from the date on which notice of the amendment is sent. The Customer has the right to terminate the Agreement within 14 days of being notified of the change to the Terms and Conditions.
VI. FINAL PROVISIONS
- These Terms and Conditions are also available at (hyperlink to website) and are effective as of 14 December 2022.
- Recording, securing and making available of the material provisions of the concluded Agreement shall take place by sending an e-mail to the e-mail address or a text message to the telephone number provided by the Customer during registration for the Newsletter service.
- The Agreement shall be governed by the laws of the Republic of Poland and the competent courts shall be the common courts of the Republic of Poland, unless otherwise provided by mandatory provisions of law.