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These Terms of Service shall prescribe the terms and conditions of using the Internet platform at the address marketplace.picksaas.com.
Services - services provided by electronic means by the Service Provider on the basis of the Terms of Service through the Platform;
Terms of Service - these terms of service regulating the provision of Services through the Platform
Newsletter - a free-of-charge 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
Content - any kind of materials hosted by the Service Provider, in particular in the form of opinions and reviews of Vendors’ services and entries on the Platform blog, which the User may browse or upload to the Service Provider’s server in an electronic form by means of the Services
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
Service Provider - Picksaas sp. z o.o. residing in Europe – Poland – Wroclaw, Powstańców Śląskich 129/6, Zip code: 53-317, entered in the Register of Entrepreneurs of the National Court Register maintained by the District Court for Wroclaw-Fabryczna in Wroclaw – VI Commercial Department of the National Court Register under No. 0000732460; the mode of contact with the Service Provider: by e-mail; e-mail address: firstname.lastname@example.org; by mail (address for service as indicated above)
Platform - website available in the Internet at the address www.picksaas.com owned by the Service Provider
User - an entity with full capacity to perform acts in law using the Services within the frames of the Platform in connection with his/her business or professional activity
Vendor - The User who presents through the Platform applications, software and other services which are provided by electronic means and which are to support business or professional activity of other entities; Vendor shall also be understood as the User acting for and on behalf of the Vendor on the basis of relevant authorization
Personal Data - means personal data within the meaning of the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (The General Data Protection Regulation – GDPR), processed by Picksaas z.o.o. (or a Sub-processor) on behalf of the Customer pursuant to or in connection with the Agreement.
In order to enjoy all functionalities of the Platform, the User shall satisfy the following minimum technical requirements:
a device with the Internet access which enables a correct display of the Platform interface,
an installed and updated version of the Internet browser: Internet Explorer (9 and higher), Chrome (30 and higher), FireFox (34 and higher), Opera (12 and 30 and higher), Safari (4 and higher);
an active e-mail account;
Any person willing to use the Platform shall be obliged to become acquainted with these Terms of Service first.
The Service Provider shall not place on the Platform any offers filed in an electronic form within the meaning of the provisions of the Civil Code. In particular, the provisions pertaining to filing an offer in an electronic form shall not apply in this regard.
The Service Provider shall provide these Terms of Service to the User free of charge on the Platform 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.
The Users shall not be not allowed to provide content of unlawful nature.
The governing law for liabilities resulting from the Agreement and Terms of Service shall be the Polish law. The Agreements related to the provision of Services shall be concluded in the Polish or English language.
GENERAL TERMS AND CONDITIONS OF PROVISION OF SERVICES
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.
The User may terminate each of the Agreements for provision of free-of-charge Services at any time without providing reasons, in the manner as specified in these General Terms of Service or in specific provisions of the Terms of Service. In particular, the User may resign from the Services rendered by means of interactive forms through refraining from using such Services.
The Service Provider shall provide the following free-of-charge Services to the Users: interactive forms available on Platform websites, reviewing Vendors’ services, Newsletter, software browser within the Platform, rating software, software rank and Users rank. Chargeable Services shall be provided to Vendors and shall be governed by the Vendor Terms of Service
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.
The Users may not use the Services, whether directly or indirectly, for commercial purposes, also by publishing advertising, sponsoring or promotional materials, or in any other way derive profits from the Services.
Actions within the frames of the rating and review system which may result in artificial overstating or understating Vendors reliability shall be prohibited.
By uploading the Content to the Platform, the User declares that he/she is its author or at least is entitled to use it and provide it to the Service Provider.
The User may not publish on the Platform Content which:
infringes personal rights or interests of third parties,
contains threats, incites aggression or contains elements of unlawful violence,
constitutes materials which may be used for unlawful, misleading, malicious or discriminating purposes,
is not suitable for persons of the age under 18,
evidently contradicts the rules of social co-existence or common moral and social norms or rules of netiquette.
contains vulgarisms and phrases which may in any way violate someone’s dignity
promotes websites which belong to neither the Service Provider nor any of the Vendors.
The Content published by Service Provider on the Platform is purely subjective and does not have promoting character. The Content does not aim at harming Vendors’ reputation and Service Provider does not take responsibility for the accuracy of presented data. Any inaccurate information presented on the Platform can be reported to email@example.com and will be corrected at the Service Provider’s earliest convenience.
Upon sharing the Content on the Platform, the User shall grant to the Service Provider a non-exclusive, free-of-charge license, with the right to grant further licenses, without any limitations as to the territory and time, to use and dispose of (which shall in particular consist in public performance, exhibition, as well as making the Content available in a way enabling anyone to access it where and when they see fit) the entire Content or a part of it in the scope necessary for provision and dissemination of Services, in this development of derivative works on its basis.
The above license may be terminated with immediate effect upon deletion of the Content to which it refers.
The Service Provider shall provide the Newsletter subscription service free of charge for the Users who give their voluntary consent to this.
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 service.
In order to subscribe for the Newsletter, the User shall order the subscription by means of the form available on the Platform and by providing his/her e-mail address.
Upon activation of the button confirming the ordering of the Service, the Service Provider and User conclude the agreement for provision of Newsletter service for an unlimited period of time.
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.
picksaas.com stays compliant with GDPR (General Data Protection Regulation) and obliges the Users of the Service to respect the principles of the regulation when processing personal data of EU citizens
PROMOTIONS / PAYMENTS
Service Provider may offer limited time promotions to chosen Vendors’ products available at the Platform.
The User has the right to use the Promotion during its time period, indicated in the purchase page of the product
In order to be entitled to receive the quoted discount, the User shall meet all of the below conditions:
The User has to purchase the chosen product at Vendor’s website within 24 hours after providing the required information at the product’s purchase page and clicking “purchase button”,
The User has to purchase the chosen product only right after being redirected to the Vendor’s webpage, without closing its web browser, browser tab or browsing through other websites.
If the User decides to return the product to the Vendor, demanding the money to be given back, he will be obliged to return the received chargeback to the Service Provider.
The Service Provider may deny to provide the chargeback, even after User’s purchase if he has reasons to believe that that the User has an intention of performing a fraudulent transaction, meaning the User intents to pay for the product, collect the chargeback and subsequently give back the product to the Vendor and not give back the chargeback to Service Provider.
The Service Provider does not guarantee receiving a discounted price after the contact with Vendor.
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 Service Provider shall not be held liable for any damage resulting from:
infringement by the User of the provisions of these Terms of Service,
the Content presented on the Platform, in particular opinions or reviews and Users actions following reviews or software rating,
quality of Vendors’ services,
removal of the Content by the Service Provider for reasons attributable to the User,unless such damage results from intentional action of the Service Provider.
The Service Provider shall not verify Vendors. The User shall use a link to Vendor’s website at his/her own risk.
The Service Provider shall not verify reviews and opinions shared by the Users on the Platform and shall not be held liable for their content.
REPORTING INFRINGEMENTS AND COMPLAINTS
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, optionally telephone number) and state 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 User who has noticed data of unlawful nature, in particular infringing copyrights, shared on the Platform should immediately notify the Service Provider on such fact at the e-mail address email@example.com. If the Service Provider receives reliable information on unlawful nature of data or activity related to them, then the Service Provider shall immediately prevent access to such data, but first shall notify the User who has placed such data on the Platform on its intent to prevent the access to them.
In such cases, the Service Provider shall not be held liable against the User for any damage resulting from preventing the access to such data.
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.
AMENDMENT TO THE TERMS OF SERVICE
The Users shall be notified on any change to these Terms of Service, as well as the reason of such amendment by a message, which shall be displayed on the homepage of the Platform 14 (fourteen) days before they come into effect.
The Service Provider may amend these Terms of Service due to material reasons, whether legal (change of generally applicable law or change of organizational form of the Service Provider) or technical (modernization of the Platform or Services).
The User shall accept anew or refuse to accept the provisions of the Terms of Service.
The Service Provider may transfer all or a part of rights and obligations resulting from the Terms of Service to a third person or entrust a third person with enforcement of those rights and obligations.
Any disputes arising out of the concluded Agreements or User’s using the Website shall be subject to the Polish law and Polish common courts with the local jurisdiction over the registered office of the Service Provider.
To any matters not specified in these Terms of Service, relevant provisions of the generally applicable law, in particular of the Act of 23 April 1964 – the Polish Civil Code, and with regard to Vendors – Vendor Terms of Service, shall apply.
These Terms of Service shall be effective as of: 06/04/2017.
Personal data provided by the User shall be processed by the Service Provider – Picksaas sp. z o.o. residing in Europe – Poland – Wroclaw, Powstańców Śląskich 129/6, Zip code: 53-317, entered in the Register of Entrepreneurs of the National Court Register maintained by the District Court for Wroclaw-Fabryczna in Wroclaw – VI Commercial Department of the National Court Register under No. 0000732460, who is the Data Controller within the meaning of the Personal Data Protection Act of 29 August 1997 (Journal of Laws Dz. U. 1997 No. 133 item 883, as amended).
Personal data of Users shall be processed for the following purposes: (a) realization of legal provisions, (b), provision of services by electronic means, including Newsletter, examination of filed complaints and other actions as specified in the Terms of Service, (c) promotional and commercial actions of the Service Provider.
The scope of the processed personal data shall be determined by the scope of data completed by the User and sent to the Data Controller by means of relevant form. Processing User’s personal data may pertain to two types of information: personal (name, email address, company information) or non-personal visitor information (such as: the Device’s Internet Protocol (“IP”) address, browser type, the web page visited before or after you came to our website, information you search for on our website and interactions with the Service).
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 Provider to a hosting company, a company providing accounting services to the Service Provider and a company providing the system for e-mail marketing (Newsletter). Personal data collected by the Service Provider may also be disclosed to: competent state bodies upon their request on the basis of relevant provisions of law, or other persons and entities – in the cases prescribed in the provisions of law.
Providing the personal data shall be voluntary, but the lack of consent to process personal data marked as obligatory shall prevent performance of services and agreements by the Service Provider.
Data collection purpose. We collect your information to personalize your experience with the Website, Blog and promotional materials we distribute via social media platforms and Google Adwords. Your information helps us more efficiently respond to your needs as a Website user and customer, as well as Blog reader. Your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for the purpose of delivering the requested Service and improving the Service. In the event of breaking the Terms of Service we can reach the wrongdoer more efficiently.
The User shall have the right to control processing the data which pertain to him/her and are included in databases, in particular the right to:
access his/her personal data, update and make any corrections to the content of his/her data by contacting firstname.lastname@example.org, (as picksaas.com email list subscriber you will get email messages sent by MailChimp. You can change your personal data on the subscribers list by clicking the “update subscription preferences” link in any message we have sent you using MailChimp).
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 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons 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), 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).
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.
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.
We are in compliance with the requirements of GDPR (General Data Protection Regulation). In order to keep our company data processing policy coherent and applicable, we nominated Data Protection Officer: Mike Karaś, email@example.com.
To access, delete any of your data, please contact our Data Protection Officer: Mike Karaś, firstname.lastname@example.org.
Data processing of customers or users’ data is based upon consent.
Data list contains: the source of the data we collect, who do we share the data with, the purpose of data collection, list of data processors.
INFORMATION WE COLLECT
We ask for certain information like your name, email address, company name. We may get information about you from public sources, posted on the internet.
OUR USE OF YOUR PERSONAL INFORMATION
We store the data for marketing and sales purposes, reaching out to our users with educational materials and with special offers for our products.The information helps us constantly improve the Website and the Blog present and future visitors and customers.
The Service Provider shall apply technological and organizational means in order to secure processing the personal data corresponding 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; among others the SSL (Secure Socket Layer) certificates shall be applied. Users’ personal data shall be collected and stored on a secured server, moreover, the data shall be secured by Service Provider’s internal procedures related to processing personal data and information security policy
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.
The Service Provider shall use two types of Cookies: session cookies, which are permanently deleted upon closing the session of the User’s browser and permanent cookies, which remain on the User’s device after closing the session until they are deleted.
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 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 Google Adwords; using interactive functions by means of social networks: linkedin.com, plus.google.com, youtube.com, facebook.com and twitter.com, slideshare.net, instagram.com, pinterest.com, hotjar.com.
The User may individually change Cookies settings at any time, stating the conditions of their storage, through the Internet browser settings or configuration of the service. The User may also individually delete Cookies stored on his/her device at any time in accordance with the instructions of the browser producer.
Details concerning Cookies support are available in the settings of a browser used by the User.
In the case of any questions or doubts pertaining to personal data protection and privacy, the User should contact the Service Provider through the following address: email@example.com