IWARE Sp. z o.o.
ul. Armii Krajowej 6A lok.2, 50-541 Wrocław, Poland
TAX Nr: PL 894-300–73-04
E–mail: bok@iwareprint.pl
§ 1 Contractual definitions
1. Regulations - the regulations of the Website and the provision of Services, issued by the Service Provider pursuant to Art. 8 section 1 of the Act of July 18, 2002. on the provision of electronic services (Journal of Laws 2002 No. 144, item 1204 as amended), available free of charge at https://iwareprint.com
2. Price list - a list of Services including the type and amount of related fees, published free of charge at https://iwareprint.com (an integral part of the Regulations).
3. Specification of Services - a list of technical data enabling the use of individual Services (an integral part of the Regulations).
4. Regulations for entrusting the processing of personal data - regulations on the subject of entrusting the Service Provider with the processing of personal data by the Service Recipient, constituting an appendix to the Regulations (an integral part of the Regulations).
5. Service Provider - an entity providing services by electronic means in accordance with the provisions of the Regulations, ie the company IWARE Sp. Z o.o. with its registered office in Wrocław (address of the registered office and address for service: ul. Armii Krajowej 6A lok. 2, 50-541 Wrocław); entered into the Register of Entrepreneurs of the National Court Register under KRS number 0000364948; registry court where the company's documentation is kept: District Court for Wrocław-Fabryczna in Wrocław, VI Commercial Division of the National Court Register; share capital in the amount of: PLN 37,500.00; NIP: 8943007304; REGON: 021346802; e-mail address: bok@iwareprint.com.
6. Recipient - (1) a natural person with full legal capacity, for whom the use of the Services is directly related to his business or professional activity (ie not being a consumer in this case); (2) legal person; or (3) an organizational unit without legal personality, which the law recognizes as having legal capacity; - using or intending to use the Services.
7. Services - services provided by the Service Provider to the Service Recipient, including providing software in the SaaS model (Software as a Service) used to run your own Online Store (Internet printing house) along with ensuring its operation on the server and providing technical support. A detailed description of the requirements, functionalities and services available as part of the software provided on the Website.
8. Order - the Service Recipient's declaration of will aimed directly at concluding a contract for the use of the Service Provider's Services, submitted using the order form available on the Website, with simultaneous reading and acceptance of the content of the Regulations (including attachments) and on the terms specified therein.
9. Grace Period - the time during which the Service Provider enables the Service to be restored while maintaining the configuration and data previously entered by the Service Recipient. The Service Provider reserves that during the grace period there is a limitation, suspension or exclusion of the provision of Services to the Service User and he is not responsible for any damage resulting from this. The grace period is 1 month from the last day of the period of using the Service for which the Customer was obliged to make the payment. The Service Provider reserves that it is not responsible for the permanent deletion of all data of the Service Recipient, which will be made after the expiry of the grace period.
10. Online Store - a manifestation of the Service Recipient's commercial and service activity conducted on the INTERNET network with the use of the Services, in particular an Internet printing house and an Internet advertising agency.
11. Personal data protection - a procedure for the protection of personal data of individual clients (natural persons) served by the Service Recipient as part of the administrative panel of the Online Store run by the Service Recipient, as part of the services provided to him by the Service Provider.
12. Technical care - actions taken by the Service Provider for the benefit of the Service Recipient in order to solve technical problems arising in connection with the use of the Services. Detailed rules for the provision of technical care are set out in the provisions of these Regulations.
13. Website - the Service Provider's website available at https://iwareprint.com/
§ 2 Protection of personal data
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The provisions of this paragraph apply to personal data of individual clients (natural persons) served by the Service Recipient as part of the administrative panel of the Online Store run by the Service Recipient, as part of the services provided to him by the Service Provider.
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The recipient, in relation to the data of his clients, has the status of a personal data administrator in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46 / EC (General Data Protection Regulation) (hereinafter referred to as the "GDPR Regulation" or "GDPR") and the Act of July 18, 2002 on the provision of electronic services.
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The Service Recipient entrusts the Service Provider with the processing of personal data of his clients on the terms set out in the Regulations and in the Regulations for entrusting the processing of personal data, which constitute an integral part of these Regulations. In such a case, the service provider, as the entrusting party, processes (including, inter alia, the collection, recording and storage) of personal data of natural persons referred to in para. 1 only and exclusively for the needs related to the provision of the Services made available to the Service Recipient.
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The Service Provider is entitled to further entrust the processing of personal data to other entities. This takes place only to the extent and for the purpose necessary to implement the Services made available to the Service Recipient and in compliance with applicable law and standards of conduct regarding the protection of such data
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A natural person who is a customer of the Service Recipient, served as part of the administration panel of the Online Store, whose personal data is processed as part of the Services provided by the Service Provider, is entitled, in accordance with the GDPR, to request access to their personal data, rectify them, limit their deletion or transfer, and moreover the right to withdraw consent at any time, the right to lodge a complaint with a supervisory authority and the right to object. The Service Recipient is also entitled in the above scope in accordance with the GDPR. Upon the Service Recipient's request to refrain from processing his personal data by the Service Provider, the contract for the provision of Services is terminated on the same terms as in the case of its termination by the Service Recipient.
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6. The Service Provider and the Service Recipient is obliged to apply technical and organizational measures ensuring the protection of personal data being processed, appropriate to the threats and categories of data protected, and in particular, should protect the data against unauthorized disclosure, removal by an unauthorized person, processing in violation of the Act and change, loss, damage or destruction. The Service Provider's obligation indicated in the preceding sentence does not release the Service Recipient from the obligation to independently fulfill the obligations required by law and standards of conduct regarding the protection of personal data.
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7. Detailed rules for the processing of Customers' personal data by the Service Provider are set out in the privacy policy of the Website published on its pages.
§ 3 Regulations for the provision of Services
1. The provision of Services by the Service Provider to the Service Recipient is based on the Regulations. These Regulations and the Services are intended only for companies, which means that a party to the contract for the use of the Services may only be an entity that is not a consumer.
2. The Service Provider may introduce the so-called test period. The scope of the Services offered during the test period and its duration is specified by the Service Provider at https://iwareprint.com.
3. The basis for the conclusion of the contract for the provision of Services is the prior Order placed by the Customer, containing at least:
a) e-mail address
b) Services selected by the Customer,
c) name of the Online Store,
d) password.
After placing the Order, the Service Recipient is obliged to complete his other data as part of the Services marked as mandatory, in particular the full name of the company, tax identification number, and the address of business / registered office.
4. Placing an Order by the Service Recipient is tantamount to submitting a statement by him about:
a) compliance with the truth of all data made available to the Service Provider,
b) reading and accepting the Regulations,
c) consent to the conclusion of a contract for the provision of Services by electronic means,
d) consent to the processing of his personal data on the terms and conditions set out in these Regulations and in the Personal Data Protection Act,
e) confirmation that he has been informed about the right to access his personal data on the terms set out in these Regulations and in the Personal Data Protection Act,
f) agreeing to receive, via e-mail correspondence, information about any changes to the rules for the provision of Services by the Service Provider.
5. The Service Provider is entitled at any time to take steps to verify the truthfulness, reliability, and accuracy of the information provided by the Service Recipient. In the scope of verification, the Service Provider is entitled, inter alia, to request the Service Recipient to send a scan of the certificates, attestations, or other documents necessary for verification. During the verification referred to in the preceding sentence, the Service Provider is entitled to suspend the Account for the duration of the verification.
§ 4 Termination and expiry of the contract for the provision of Services
1. The Service Provider and the Service Recipient have the right to terminate the contract for the provision of Services with one month's notice, unless the terms of a specific promotion or specific terms and conditions of a given Service provide otherwise.
2. The Service Recipient has the right to terminate the contract for the provision of the Service without notice in the event of a break in the provision of the Services exceeding a period of 5 days and resulting from the circumstances for which the Service Provider is to blame. This does not apply to a situation where the interruption in access to the Services is the result of objective circumstances beyond the control of the Service Provider (e.g. force majeure or the fault of the Service Recipient).
3. The Service Provider has the right to terminate the contract for the provision of Services without notice in the event of:
a) indication by the Customer of incomplete, incorrect, or fictitious data to the extent specified in these Regulations,
b) there is a justified suspicion that the Services provided by the Service Provider have not been used in accordance with their purpose (intended use) or in a manner that violates the integrity of the Service Provider's IT system,
c) there is a justified suspicion that the Services provided by the Service Provider will be used in a way that results, directly or indirectly, in broadly understood difficulties in the free use of system or hardware resources by other Service Users,
d) stating the fact of using the Service Provider's Services in the manner referred to in points b-c,
e) breach or reasonable suspicion of breach by the Service Recipient of generally applicable law during or in connection with the use of the Services,
f) breach by the Service Recipient of the rights of third parties (natural persons, legal persons, organizational units without legal personality) during or in connection with the use of the Services,
g) violation of the terms of use of the Services specified in these Regulations.
4. The contract for the provision of Services shall be terminated upon the Customer's failure to pay for the use of the Service under the conditions specified in the Regulations.
5. Termination of the contract for the provision of the Service, its limitation, suspension, or exclusion does not release the Service Recipient from paying the fees charged for the Service in accordance with the Regulations or the Price List.
6. During the Grace Period, the Service Provider enables the Service Recipient to restore the Service while maintaining the configuration and data previously entered by the Service Recipient. During the Grace Period, depending on the Service Provider's decision, limitation, suspension, or exclusion of the provision of Services to the Service Recipient takes place, for which the Service Provider is not responsible, including for any damage resulting therefrom. The grace period is 1 month from the last day of the period of using the Service, for which the Service Recipient was obliged to make the payment. The Service Provider reserves that it is not responsible for the permanent deletion of all data of the Service Recipient, which will be made after the Grace Period.
8. During the Grace Period, the Service Recipient may report
Service Provider's desire to restore the Service - in this case, it is necessary to send a notification to the Service Provider by e-mail or by means of tickets and prior payment of the fee - the service is restored for a fee - the fee is EURO 125 net. Regardless of the fee for the restoration, the Customer is obliged to make a fee for using the Service under the conditions set out in the Regulations within 24 hours from the moment of restoring the Service, otherwise disabling the Service without the possibility of re-restoring.
§ 5 Shared Services
1. The detailed scope of the Services provided by the Service Provider is specified in these Regulations and the Service Specification and the Price List, which constitute its integral part. Changes in the prices of the Services offered may be regularly introduced by the Service Provider in the form of modification of the content of the Regulations and its attachments. The changes in question do not require the consent of the Service Recipient to be effective if they relate to an increase in the prices of the Services offered by the Service Provider up to a maximum of 10% of the value of monthly receivables.
The changes come into force after 14 days from the date of publication on the website https://iwareprint.com.
2. Changes involving a greater increase in prices require the consent of the Service Recipient to be effective. The Service Provider makes changes in the form of termination of the existing conditions for the provision of Services. The termination is made in writing (or by e-mail) and contains the new content of the Regulations or its attachments. If the Customer does not accept the new terms, he or she is entitled to terminate the contract on the terms set out therein. The parties agree that the Customer's failure to terminate the changes within 14 days from the submission of the proposed changes shall be deemed to consent to their introduction.
3. The Service Provider provides the Service Recipient with technical assistance related to the use of the Services offered during the subscription period. It covers the provision of correspondence (ticket) advice on business days, from Monday to Friday, 9:00 am to 4:00 pm.
4. The recipient may be obliged to provide the Service Provider with data including a password and login for registration in the administration panel of the Services, if it is necessary to perform technical support activities.
§ 6 Payments
1. Detailed rules of payment for the Services provided by the Service Provider are specified in the Price List available at https://iwareprint.com.
2. The Service Recipient obtains access to the Services provided by the Service Provider for a specified period upon payment for the selected Services to the Service Provider (payment is made "in advance" for a given period, in monthly cycles).
3. The Service Recipient obtains ongoing access to the Services offered by the Service Provider in the period for which he has paid the fee in accordance with the Price List.
4. Payment for using the Services is made on a monthly basis. As a standard, the payment for a given month of using the Services should be made no later than on the 9th day of the month for a given month of using the Services.
5. In the event of the expiry of the test period, the Service Recipient is obliged to make a payment for selected Services by the end of the calendar month in which the test period for a given test month has expired and for the relevant part of the month in which the test period has already expired. Failure to pay within this period results in the inability to use the Services, and then permanent deletion of all data of the Service Recipient.
6. After the end of the test period, the Service Recipient has active Services previously covered by the test period, unless the Service Recipient has made appropriate changes in this respect before its expiry.
7. Lack of timely payment means until the end of the calendar month in which the payment deadline for a given month of using the Services has expired, in particular:
a) the Customer cannot use the Services apart from making a payment;
b) the Customers of the Service Recipient have the option of further placing orders via the Service Recipient's Online Store
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After the end of the calendar month in which the payment deadline for a given month of using the Services has expired, the Services will be automatically disabled and the Customer's Online Store will no longer be available to the Customer and his customers (the contract for the provision of Services is automatically terminated). The moment of payment is the day of recording the payment on the Service Provider's billing account as part of electronic payments available for payment for the Services.
9. In the event of disabling the Services, the Service Recipient may use the Grace Period under the conditions specified in the Regulations. In this case, the Service Recipient is obliged to pay the fee for the restoration and the fee for the month of using the Service in which the restoration took place. The fee for the reinstatement must be made before the reinstatement, at the latest before the expiry of the Grace Period. The payment deadline for a given month of using the Service after its restoration is in this case 24 hours from the restoration of the Services, under pain of disabling the provision of the Service again without the possibility of reinstating it. The moment of payment is the day of recording the payment on the Service Provider's billing account as part of electronic payments available for payment for the Services.
10. Failure to use the Grace Period on the terms specified in the Regulations will result in the final inability to restore the Services for the Service Recipient.
11. Any additional fees (bank and postal) shall be borne by the Service Recipient.
12. The Service Recipient is obliged to make a payment using the options available from the level of the administration panel of the Online Store. The Service Recipient makes payments using electronic payments or payment by credit card indicated in the administration panel.
13. The discontinuation of the use of the Services does not entitle the Service Recipient to a refund of the payment made for the unused period.
14. The Service Recipient who does not want to pay the fee for the Service in the scope of additional modules indicated in the Price List, is obliged to disable using the options available in the administration panel of his Online Store before the start of the new subscription period.
§ 7 Obligations of the Customers
1. In order to properly use the Services offered by the Service Provider, the Service Recipient is obliged to have access to appropriate technical equipment and software, the detailed parameters of which are specified in Annex 2 Service Specification, which is an integral part of the Regulations.
2. The Service Recipient is obliged to use the Services in a manner consistent with the Regulations and the provisions of generally applicable law. It is forbidden to use the Services that results directly or indirectly in broadly understood difficulties in the free use of system or hardware resources by other Users or in violation of the integrity of the Service Provider's IT system.
3. The Service Recipient shall be fully liable for any damage resulting from an act or omission in connection with the use of the Services offered by the Service Provider.
§ 8 Obligations of the Service Provider
1. The Service Provider will exercise due diligence resulting from the professional nature of the business in order to ensure free and uninterrupted access to the Services provided. The service provider is responsible for damages resulting from non-performance or improper performance of a contractual obligation resulting from circumstances attributable to him / her that are in an adequate causal relationship with the damage. The Service Provider's liability covers only actual losses (damnum emergens), excluding lost profits.
2. The scope of the Service Provider's liability shall not include damages resulting from non-performance or improper performance of obligations in connection with irregularities in the functioning of telecommunications networks of other operators or suppliers, the lack of an appropriate level of bandwidth used by the Service Recipient and periodic fluctuations in connection parameters.
3. The Service Provider shall not be liable for damages in the event of failure by the Service Recipient to meet the technical conditions necessary for the proper use of the Services (precisely specified in the Service Specification attached to these Regulations) or the use of the Services by third parties using the Service Recipient's identification instruments.
4. The Service Provider, by providing the selected service to the Service User, uses external, dedicated servers. The service provider is not liable for damages in the event of failure or lack of access to the server caused by an external hosting provider. The service provider makes every effort to ensure that the system works smoothly, in accordance with the arrangements contained in the regulations, but is dependent on the hosting provider and cannot guarantee a faster response time than the one agreed with the hosting provider.
5. The Service Provider does not guarantee that the Services are error-free or that the Service Recipient will be able to operate the Online Store without problems and disruptions. In addition, due to the continuous development of new techniques of hacking and attacking the Internet network, the Service Provider does not guarantee that the Services will be free from vulnerability to hacking or attacks.
6. The Service Provider makes the Services available in the form in which they were provided and makes no implied or expressed guarantees as to the suitability for specific applications. In no event shall the Service Provider and its suppliers be liable for damages or violations of third party rights caused directly or indirectly by the functioning of the Services, including damage caused by inability to use the service, work interruptions, and any repetitive, incidental, or special damages of any kind. Including loss of profits or cost reduction, regardless of whether the Service Provider's representative has been informed about the possibility of such damage, or claims by a third party. However, none of the limitations contained in these Regulations limits the Service Provider's liability for death or loss of health caused by the Service Provider's intentional actions.
7. The liability of the Service Provider towards the Service Recipient, regardless of its legal basis, is limited - both as part of a single claim, as well as for all claims in total - up to the amount of the fee paid for the use of the Services, but not more than the amount constituting the annual fee for using the Services.
§ 9 Complaints
1. The Service Recipient has the right to file a complaint in the event of:
a) non-performance of Services covered by the contract for the provision of Services,
b) improper performance of the Services covered by the contract for the provision of Services,
c) irregularities in determining the remuneration for the provision of Services by the Service Provider.
2. The Service Recipient is obliged to submit a complaint using the ticket system available as part of the Services, and if this is not possible, via e-mail sent to the following address: bok@iwareprint.com, taking into account the following data for the effectiveness of the complaint:
a) the name and address of the Service Recipient,
b) specification of a non-performed or improperly performed service or incorrectly determined remuneration, together with an indication of the circumstances justifying the complaint,
c) the Customer's preferred method of resolving the complaint.
3. Effective filing of a complaint may take place only within 20 days from the date the Customer receives information about the circumstances justifying the complaint, however, no later than 60 days from their occurrence. The date of submission of the complaint is the date of receipt of the complaint to the Service Provider, the impact of which will be confirmed by the Service Provider. The decision regarding the submitted complaint will be made within 30 days from the date of confirmation of the notification.
§ 10 Technical support
1. The Service Provider is obliged to provide technical care for the Customers during the paid use of the Services.
2. The scope of technical support includes assistance in removing and repairing errors occurring in the operation of the software constituting the subject of the Service. The scope of technical care does not include elements of the Service that are subject to modification by the Service User, such as e.g. changes to graphic templates.
3. The Service Recipient reports errors only via the ticket tracking system available in the administration panel of the Online Store. Applications sent by other means of communication may not be considered. In the case of an application made on public holidays, it is considered that the application was made at 9 a.m. on the first working day following the holiday.
4 With regard to the fee for the use of the Services, the Service Provider provides technical care activities aimed at ensuring the proper use of the Services - the scope and date of their implementation are determined by the Service Provider independently, as fast as possible and depending on the situation.
5. The Service Provider is not obliged to perform the obligations referred to in this paragraph in the event of the Service User changing the Service settings or introducing other changes not available through the administration panel provided as part of the Services.
§ 11 Copyright
1. Copyrights and intellectual property rights to the Services as a whole and their individual elements, including content, graphics, works, designs, and signs available within them belong to the Service Provider or other authorized third parties and are protected by copyright and other provisions commonly applicable law. The protection granted to the Services covers all forms of its expression.
2. The structure, organization, and source code of the Services is a valuable trade secret of the Service Provider and its suppliers. The software is also protected by copyright and by relevant international agreements. The Services should be treated like any other copyrighted work. The Service Recipient has no right to copy the Services as a whole and its individual elements, including content, graphics, works, patterns, and signs available within it. The Service Recipient undertakes not to modify, adapt, translate, decode, decompile, disassemble or in any other way try to establish the source code of the Services, except for cases permitted by the provisions of mandatory law. Trademarks must be used in accordance with applicable law. The Service Recipient does not receive any copyrights to the Services.
3. Services and their parts may be subject to separate regulations and licenses of use - in such a case, the Service Recipient is also obliged to comply with them.
4. As part of the concluded contract for the provision of the Service, the Service Recipient is granted a paid and non-exclusive license to use the Services in accordance with their intended purpose and under the conditions contained in these Regulations.
5. The license entitles the Service Recipient to use the Services in accordance with their intended purpose and in a manner consistent with the law and morality, bearing in mind the respect for personal rights as well as copyrights and intellectual property of the Service Provider and its partners. Service Recipient may use the Services only in one of his Online Store and for the purposes of running his own business - in accordance with the Regulations and the description of the Services.
6. The license does not authorize the Service Recipient to sell, rent, borrow, lease, sub-license or lend the Services as a whole and their individual elements.
7. The license is granted at the time of payment by the Service Recipient. The license is granted throughout the world, for the period for which the Customer has paid the fee, unless separate regulations or the license to use the Product or its element provides otherwise.
8. The Service Provider may terminate the license with immediate effect in the event that the Service Recipient violates these Regulations.
§ 12 Technical breaks
1. The Service Provider makes every effort to provide
proper and uninterrupted functioning of the Services. Due to the complexity of the Services, as well as due to external factors beyond the Service Provider's control (e.g. DDOS attacks - distributed denial of service), it is possible for errors and technical failures that prevent or limit the functioning of the Services to appear. In such a case, the Service Provider will take all possible and reasonable actions to ensure that the negative effects of such events are limited as much as possible.
2. In addition to breaks caused by errors and technical failures, there may also be other technical breaks, during which the Service Provider takes steps to develop the Services and protect them against errors and technical failures.
3. The Service Provider is obliged to plan technical breaks in such a way that they are the least burdensome for the Service Recipients, in particular, that they are planned for night hours and only for the time necessary for the Service Provider to perform the necessary actions. The Service Provider is obliged to inform the Customers about planned technical breaks in advance.
4. The Service Provider shall not be liable to the Service Recipient for damages and non-fulfillment of obligations resulting from any errors and technical failures as well as technical breaks referred to in this paragraph of the Regulations.
§ 13 Final provisions
1. The generally applicable provisions of Polish law shall apply to the implementation of the Regulations and to contracts for the provision of Services concluded with the Service Provider. Any disputes that may arise in the future over the implementation of the above-mentioned Regulations and contracts for the provision of Services will be settled by the Polish court competent based on the location of the Service Provider. These Regulations and the contract for the provision of Services are not subject to the provisions of the United Nations Convention on International Contracts for the Sale of Goods, the application of which is hereby expressly excluded.
2. Any changes to the provisions of the Regulations or its attachments (except for minor editorial corrections or changes in the prices of the services offered up to 10% of the monthly amount due) may only be introduced in the form of termination of the existing terms and conditions of the Regulations on the provision of Services. The termination takes the form of an e-mail and contains the new content of the Regulations or its attachments, including changes. In the event of non-acceptance of the new conditions by the Customer, he is entitled to terminate the contract on the terms set out therein. The parties agree that the Service Recipient's failure to terminate the changes within 14 days from the submission of the proposed changes shall be deemed to consent to their introduction. The above procedure does not apply to cases where the amendment of the Regulations and / or its attachments is necessary for objective reasons (change of law, court decisions, administrative decisions, and other circumstances beyond the Service Provider's control), then the changes are effective as of their publication on the website: iwareprint.com.
3. The Service Provider is entitled to publish on websites, in promotional materials such as leaflets, posters, catalogs, brochures and mailings, data on names, logos, and addresses of online stores (online printers) run by the Service Recipients.
4. The Service Recipient is obliged to keep the binding clause in the footer of the software provided as part of the Services, ie "Powered by iwarePRINT" unchanged in its Online Store. Removing, changing, or limiting the visibility of the clause is a violation of these Regulations. In the event of removing, changing, or limiting the visibility of the clause, the Service Provider may, at its own discretion: (1) terminate the contract for the provision of Services with immediate effect or (2) obliges the Service Recipient to immediately restore the clause to its original state at its own expense or commission this action to the Service Provider for an additional fee. Termination of the contract in the manner indicated in the previous sentence, regardless of other limitations of the Service Provider's liability provided for in the Regulations, does not give rise to any claims on the part of the Service Recipient against the Service Provider, in particular claims for reimbursement of fees for the unused period of providing the Services or claims resulting from the loss of access to Services and data.
5. The assignment of rights and obligations under the contract for the provision of Services does not require the consent of the Service Recipient.
6. If any of the provisions of the Regulations turns out to be invalid in whole or in part, the remaining provisions remain in force, the Service Provider and the Service Recipient undertake, at the request of any of them, to replace the invalid provisions with provisions whose legal force and economic effect are closest to the provisions replaced.
Appendix 1
Regulations for entrusting the processing of personal data
1. These Regulations for entrusting the processing of personal data constitute an agreement referred to in Art. 28 of the GDPR Regulation.
2. The provisions of these Regulations for entrusting the processing of personal data apply to the personal data of individual clients (natural persons) served by the Service Recipient as part of the administrative panel of the Online Store run by the Service Recipient, as part of the Services made available to him by the Service Provider and thus entrusted to the Service Provider.
3. The Service Recipient, in relation to the data of his clients entrusted to the Service Provider, has the status of a personal data administrator in accordance with the GDPR Regulation, and the data entrusted to the Service Provider will be processed on behalf of the Service Recipient.
4. The Service Recipient ensures that the processing of the data entrusted to the Service Provider does not violate the GDPR Regulation and other generally applicable provisions; in particular, the Service Recipient declares that he complies with the rules regarding the processing of personal data indicated in art. 5 of the GDPR Regulation and has appropriate legal grounds to process the entrusted data and entrust them to the Service Provider in accordance with the Regulations, including the Regulations for entrusting the processing of personal data.
5. The Service Recipient entrusts the Service Provider pursuant to art. 28 of the GDPR Regulation, the processing of personal data of its clients on the terms set out in the Regulations and in the Regulations for entrusting the processing of personal data, which constitute an integral part of these Regulations. In this case, the Service Provider, as the entrusting recipient, processes (including, inter alia, collecting, saving, and storing) personal data of natural persons only for the purposes and to the extent related to the provision of the Services provided to the Service Recipient by the Service Provider and for the period of use by the Service Recipient of Service Provider's services in accordance with the Regulations. Entrustment covers ordinary data and does not cover special categories of data.
6. The Service Provider provides sufficient guarantees to implement appropriate technical and organizational measures so that the processing of personal data entrusted to him by the Service Recipient meets the requirements of the GDPR Regulation and protects the rights of data subjects.
7. The Service Provider processes the personal data entrusted to him by the Service Recipient only on the documented instruction of the Service Recipient and on his behalf - which also applies to the transfer of personal data to a third country or an international organization - unless such an obligation is imposed on him by EU law or the law of a Member State to which the Service Provider is subject; in this case, before the processing begins, the Service Provider informs the Service Recipient of this legal obligation (unless the law prohibits the provision of such information due to important public interest).
8. The Service Provider ensures that the persons authorized to process the personal data entrusted by the Service Recipient undertake secrecy or that they are subject to an appropriate statutory obligation of secrecy.
9. The Service Provider, while processing the personal data entrusted to him by the Service Recipient, takes all measures required under Art. 32 of the GDPR Regulation.
10.The Service Provider, taking into account the nature of the processing of data entrusted to him by the Service Recipient, helps the Service Recipient, if possible, through appropriate technical and organizational measures, to fulfill the obligation to respond to the requests of the data subject in the exercise of his rights set out in Chapter III of the GDPR Regulation.
11. The Service Provider, taking into account the nature of the processing of data entrusted to him by the Service Recipient and the information available to him, helps the Service Recipient to fulfill the obligations set out in Art. 32-36 of the GDPR Regulation.
12. The Service Provider, after completing the provision of Services related to the processing of data entrusted to him by the Service Recipient, deletes all personal data and deletes all existing copies thereof, unless EU law or the law of a Member State requires the storage of personal data.
13. The Service Provider, after finding a breach of personal data protection, reports it to the Service Recipient without undue delay in accordance with Art. 33 sec. 2 of the GDPR Regulation.
14. The Service Provider is entitled to transfer the personal data entrusted to him by the Service Recipient to his employees and associates only if such transfer is necessary to perform the contract for the provision of Services and only to the extent and for the time necessary to achieve this purpose.
15. The Service Provider, when processing the data entrusted to him by the Service Recipient, from the services of another processing entity, complies with the terms of use of such entity, referred to in Art. 28 of the GDPR, para. 2 and 4.
16. The Service Recipient agrees that the Service Provider may use the services of other processors who are subcontractors or partners of the Service Provider in connection with the performance of the contract for the provision of Services for the processing of data entrusted to him by the Service Recipient. The Service Provider ensures that the use of the services of another processor will take place only when it is necessary to perform the contract for the provision of Services and only to the extent and for the time necessary to achieve this purpose and in accordance with the contract and these Regulations.
17. The Service Provider undertakes to inform the Service Recipient of any intended changes regarding the addition or replacement of other processors, thus giving the Service Recipient the opportunity to object to such changes.
18. The Service Provider, if he uses the services of another processor to perform specific processing activities on behalf of the Service Recipient, is obliged to impose on that other entity - under a separate agreement or other legal act that is governed by the law of the European Union or the law of a Member State - the same data protection obligations as in these Regulations, the obligations referred to in art. 28 sec. 3 of the GDPR Regulation, in particular the obligation to provide sufficient guarantees for the implementation of appropriate technical and organizational measures so that the processing meets the requirements of the GDPR Regulation.
19. The Service Recipient authorizes the Service Provider to grant authorizations, issue instructions, and orders within the meaning of Art. 29 of the GDPR Regulation in relation to further processors.
20. The Service Provider provides the Service Recipient with all information necessary to demonstrate compliance with the obligations set out in Art. 28 of the GDPR Regulation and enables the Service Recipient or an auditor authorized by the Service Recipient to conduct audits, including inspections of the processing of data entrusted by the Service Recipient for compliance with the GDPR Regulation and contributes to them. In connection with the obligation set out in the preceding sentence, the Service Provider immediately informs the Service Recipient if, in his opinion, the order issued to him constitutes a breach of the GDPR Regulation or other EU or Member State regulations on data protection.
21. In the case of an audit or inspection referred to in point. 20 of the Regulations for entrusting the processing of personal data, the Service Recipient will notify the Service Provider in traditional written form about the intention to conduct an audit or inspection, together with an indication of authorized persons, the proposed date, scope, duration, and the necessary information and documents. In such a case, the Service Provider will set possible dates within 21 working days of receiving the notification from the Service Recipient.
22. Taking into account the scope, duration, amount, and detail of the necessary information and documents that are the subject of an audit or inspection, and the related costs, the Service Provider has the right to collect a reasonable fee from the Service Recipient in advance, taking into account the administrative costs of providing information, providing documents, communication or undertaking other requested or necessary actions in connection with the audit or inspection. The Service Recipient, after receiving information about the amount of the fee, has the right to change his audit or inspection request, which may result in the Service Provider updating the amount of the fee.
23. The conducted audit or inspection of the Service Recipient may not disturb the functioning of the Service Provider - in the event of such a situation, the Service Provider has the right to discontinue the audit or inspection during their duration. Audit or inspection may only take place at the time designated by the Service Provider and under the control of a person designated by the Service Provider.
24. The right of an audit or inspection concerns only the data entrusted by the Service Recipient to and the place of their processing and cannot include control of other data processed by the Service Provider. The Service Recipient may not use the obtained information and documents for purposes other than those provided for in the Regulations and legal provisions.
25. The Service Provider has the right to refuse or limit consent to an audit, inspection, information, or disclosure of documents and places, to the extent that these activities could lead to the violation of generally applicable laws, in particular, if these activities could unlawfully threaten disclosure or security of other personal data processed by the Service Provider. In this case, the Service Provider is obliged to clearly and comprehensively justify the Service Recipient's position and, if possible, to conduct an audit or inspection or provide information and provide documents in another way.
26. The Service Provider has the right to limit or refuse to provide the Service Recipient with information covered by legally protected secret, including the business secret of the Service Provider or third parties, as well as information constituting personal data not covered by these Regulations for entrusting the processing of personal data if this information can be replaced with other information (in these statements of the Service Provider), and if it is not possible - this information will be made available to the Service Recipient (or persons designated by him) only at the Service Provider's premises, after the Service Provider and the Service Recipient and all persons used by the Service Recipient have concluded an appropriate binding agreement to properly protect this information.
27. All information and documents provided or made available by the Service Provider to the Service Recipient on the basis of these Regulations for entrusting the processing of personal data, as well as activities performed by him, will be performed immediately, no later than within 30 days of receipt of the relevant request, unless pursuant to the provisions of law or the Regulations entrusting the processing of personal data results from a different date.
Appendix No. 2
Service Specifications
1. As part of the Services, it is possible to run your own Online Store by:
a) access to the administration panel and website of the Online Store, available at the internet address indicated in the Order,
b) publishing graphic files, text files, pages, product descriptions, categories, and promotions on the website of the Online Store,
c) accepting orders from customers and handling them as part of the administration panel of the Online Store,
d) the ability to connect your own internet domains and connect the SSL certificate by the Service Provider to the Online Store for an additional fee,
e) the possibility of creating and publishing your own appearance (template) of the Online Store or modifying the existing template to your needs as part of the options available in the administration panel of the Online Store.
2. The following technical requirements necessary to use the Website and Services are determined:
a) computer equipment and stable connection to the Internet,
b) a modern Internet browser in the latest available version: e.g. Internet Explorer version 11.0 or newer with enabled JavaScript and cookies or Mozilla Firefox version 45.0 or newer with enabled JavaScript and cookies support, Google Chrome version 51 or newer with enabled support JavaScript and cookies.
