Terms & Conditions
REGULATIONS FOR THE PROVISION OF SERVICES BY ELECTRONIC MEANS
The present regulations (“Regulations” or “Terms and Conditions”) define the rules of rendering services electronically by FUNDACJA PODARUJ DANE with its registered office in Warsaw, in particular via the website available on the Internet at https://www.donateyourdata.io
- Civil Code – the Act of April 23, 1964, Polish Civil Code.
- Account – an area made available to the User, through which it is possible to use all functionalities of the Website. An Account is created after registration. Within the Account, data about the User is collected.
- Newsletter – commercial information which is digital content of the Service Provider, provided within the framework of the Newsletter Service under the Service Agreement.
- Terms and Conditions – shall mean this document defining the rules for provision of services by electronic means in accordance with the Act of July 18, 2002 on provision of services by electronic means, as well as issues concerning the conclusion and performance of the Service Agreement.
- Registration – the procedure of creating an Account consisting of filling out and approving the registration form in accordance with the instructions.
- GDPR – Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons in relation to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC.
- Website – means the website at https://www.donateyourdata.io
- Contract for the provision of Services – means a contract concluded between the User and the Service Provider, under the terms of the Regulations, covering the provision of Services.
- Services – services provided electronically within the meaning of the Act of 18 July 2002 on the provision of services by electronic means at the individual request of the User by the Service Provider. Regulations for individual Services can be found on the Website.
- Service Provider – Fundacja Podaruj Dane with its registered office in Warsaw, Żelazna 59 No. 1405 (00-848) Warsaw, registered in the register of associations, other social and professional organizations, foundations and independent public health care facilities of the National Court Register under KRS number: 0000927690, NIP: 5272974782, e-mail address firstname.lastname@example.org
- Authentication – confirmation of the User’s identity.
- User – a natural person using the Services.
III. TERMS AND CONDITIONS FOR THE PROVISION OF SERVICES BY ELECTRONIC MEANS
- The Service Provider shall make the Website available as a resource of its ICT system.
- With the exception of the exceptions expressly indicated, the content of the Website is intended only as general information about the activities of the Service Provider, and therefore does not constitute an
- The Website may only be used for its intended purpose. It is forbidden to take actions that interfere with the operation of the Website and Services.
- In order to use the Website, it is necessary to have devices that allow access to the Internet, e-mail address and Internet browser.
- Use of the Services requires an active connection to the Internet.
- User is obliged and agrees not to use the content of the Services for purposes and effects that are illegal and not to provide content of an unlawful nature.
- In order to perform actions leading to the conclusion of the Service Agreement and use of the Services, it is necessary: to have a device (personal computer – PC, laptop, mobile device), having access to the Internet, equipped with a web browser: Firefox 47+, Chrome 51+, Safari 9+, Edge 12+ or on a mobile device: Safari (iOS 8+), Chrome 51+ (Android 4.1+); access to e-mail, having an e-mail address; connection to the Internet.
- User is obliged to provide devices, software, equipment, access to e-mail and the Internet on his own and at his own expense. Failure to meet the requirements indicated in the Regulations does not prevent the conclusion of the Service Agreement and use of the Services, however, it may be the cause of their malfunction.
- Use of the Services may involve risks inherent in Internet activities. The User is aware of the dangers of the Internet, in particular the possibility of third parties intercepting passwords or infecting the User’s devices with viruses, as well as the losses that may arise from such events. The Service Provider shall, at the request of the User, provide the User, in the form of an e-mail, with up-to-date information about specific risks associated with the use of services provided electronically.
- Under no circumstances shall the Service Provider be responsible for the content of other websites or electronic services, not owned or held by the Service Provider, to which links have been provided as part of the performance of the Services.
- The results of the provision of the Services shall be delivered in electronic form, including the text of the message in the Account and HTML code, jpg, png or other graphic files that are compatible with any device that allows the display of such content. The Services do not contain technical protection measures.
- User is obliged to use the Services in a manner consistent with the law and good practice, to respect the personal rights, copyrights and intellectual property rights of the Service Provider and third parties.
- User shall, on his own and at his own risk, ensure that the technical requirements of the device from which he uses the Website, its configuration, software updates and Internet access are met.
- User is obliged to follow the guidelines and instructions for using the Services.
- The Service Provider informs that in connection with the use of services provided electronically, the User remains exposed to threats, among others, in the form of:- operation of spyware,- impersonation for the purpose of phishing,- computer viruses,- spam.
- Threats affect not only computers, but also other mobile equipment, such as smartphones, tablets.
- Spyware is software that can be covertly installed on a user’s device, e.g. by accessing a crafted website or running a file sent in an email. It can monitor/send to the attacker both the data placed on the device and the user’s actions: mouse movements, text typed from the keyboard, run camera and microphone monitoring/hearing.
- Impersonation (phishing) is the placement of fake sites on the Internet that mimic the original ones and entice Users to log in to them, e.g. by sending a crafted email that pretends to be a message from a genuine institution or person. The purpose is to capture access data to the service (login, password).
- A computer virus is malicious software that is transmitted by writing an infected file on a data carrier, e.g., hard drive, flash drive. The purpose of the virus is to steal or delete data, disrupt the operation of the device or take control of it. Most often a computer virus infection occurs after downloading files from an untrusted Internet source or opening an attachment in an email.
- Spam is unsolicited or unnecessary electronic messages sent simultaneously to multiple recipients. They often carry computer viruses, spyware, links to malicious sites.
- In order to ensure safe use of the Internet, the User should: – take care of the security of the device used. In particular, the device should have an antivirus program with an up-to-date database of virus definitions, an up-to-date and secure version of the Internet browser and a firewall turned on.- Periodically check that the operating system and programs installed on the device have the latest updates, as attacks take advantage of bugs detected in previously installed versions of software.- Secure access data to services offered on the Internet – e.g. logins, passwords, PINs, electronic certificates, etc. such data should not be disclosed or stored on the device in a form that allows easy access and reading. – Be cautious when opening attachments or clicking on links in messages that we did not expect, e.g. from unknown senders. If in doubt, it’s a good idea to contact the sender.Use anti-phishing filters, or other tools to verify that a displayed page is not phishing.Download and install files only from trusted sources. – Establish a secure and hard-to-crack password for network (Wi-fi) access. It is also recommended to use trusted Wi-Fi encryption standards such as WPA2. – Control physical access to devices.
TYPE AND SCOPE OF SERVICES PROVIDED
- The Service Provider shall enable the User to use the Services free of charge.
- The use of particular functionalities of the Website may require the User to register and create an Account and perform Authentication.
- In order to gain access to all functionalities of the Website, the User shall register and create an Account and perform Authentication.
- Under the terms and conditions set forth in the Regulations, the Service Provider shall provide the following Services: a) access to the Website and the content therein;b) the Account Registration service, maintenance and operation of the Account;c) provision of a newsletter;d) access to the data donor panel;
- Service Provider may also provide other services, under the terms and conditions specified in separate regulations made available to the User.
ACCESS TO THE WEBSITE
- The Service Provider shall provide the User with free access to the Website and the informative content posted therein.
- Service Provider shall hold the author’s economic rights to the content posted on the Website, in particular to the descriptions, information, photos, graphics, layout.
- User without prior express consent of the Service Provider, is not entitled to use the content posted on the Website for commercial, paid, profit-making purposes. In particular, this prohibition applies to copying, storage, distribution, reproduction of content.
- The rules for the use of copyright are set forth in the Terms and Conditions.
VII. USER ACCOUNT
- The use of certain functionalities may require the User to perform prior Account Registration, as well as to have an active Account. The Service Provider shall inform when Registration is necessary.
- During the Registration and establishment of the Account, the User is obliged to provide correct identification and address data, consistent with the data contained in public records or registers. The User is obliged to provide other data required during Registration and to check and update them on an ongoing basis. The User shall be liable for damages resulting from the use of incorrect data.
- In order to complete the Registration, it is necessary to provide the following data: first name, last name, e-mail address.
- in connection with the operation of the Account, the User may receive technical messages regarding the operation of the Services, including interruptions or limitations in their operation, 5. User whose Account has been suspended may not use another Account or re-register.
- The Service Provider shall provide information on the current activities of the Service Provider, offered products, services, promotions and other business-related offers upon the User’s order.
- In order to order a newsletter, you must fill out a dedicated form, including indicating the e-mail address to which the newsletter is to be sent.
- In order to stop using the newsletter, you should contact the Service Provider at the e-mail address email@example.com or make the appropriate settings through the Account.
USE OF THE DATA DONOR PANEL
- The Service Provider shall enable the use of all functionalities of the data donor panel after the Account Registration and successful User Authentication.
- In order to carry out the Authentication procedure, the Service Provider shall use the services of a trusted partner.
- In order to carry out the Authentication procedure, the User shall perform the actions required by the Service Provider and the trusted partner, including providing the required data and information.
- Use of the data donor panel requires an active Account that has not been suspended.
- Data Donor Panel allows, among other things, to consent to the processing of personal health data, genetic data, treatment data, as well as to consent to the transfer of information contained, for example, in medical records to the Service Provider.
- Service Provider, at the request of the User, may also provide other services that are not directly listed in the Regulations.
- The terms and conditions for the provision of services are set forth in separate regulations, dedicated to the particular service. If the User wishes to use such a service, the regulations will be presented to the User for review.
RIGHTS OF THE SERVICE PROVIDER
- The Service Provider is entitled to control compliance with the Terms of Service, including verification and control of the content posted by the User. The content may be verified for its authenticity and compliance with the Terms and Conditions and the law.
- Service Provider shall have the right to remove content that is in any way illegal, violates the rights of third parties, decency, fair competition or the provisions of the Regulations.
- Service Provider is entitled to suspend the Account if it is used to act in any way contrary to the law, violate the rights of third parties, decency, principles of fair competition or provisions of the
- Suspension of the Account may apply to the Account as a whole or to its individual functionalities. The scope of the suspension will depend on the type and degree of the violation.
- The user will be informed of the removal of content or suspension of the Account, together with the reason. The User shall have the right to file a complaint under the terms of the Regulations.
- If the Account is suspended, the User will not be able to use all or some of the Services for the use of which an active Account is required. The Service Provider reserves the right to temporarily discontinue the Services in whole or in part, in case of failure, overhaul or modernization of the ICT system; in case it is necessary to ensure secure provision of the Services, protection of personal data. In the event of a complete shutdown of the functioning of the Website, an appropriate announcement will be published.
- Service Provider shall be liable for damages incurred by the User due to improper performance of the Services only to the extent specified in the Regulations.
- Service Provider shall be liable as for its own act or omission, for the acts or omissions of persons with whose help it performs services provided electronically, as well as persons to whom it entrusts the performance of such services.
- Service Provider shall not be liable for lost profits, including potential profits.
- Service Provider shall not be liable for failure to perform or improper performance of the Services if caused by third parties (in particular, telecommunications service providers or suppliers, email service providers or electricity suppliers).
- Service Provider shall not be liable for the inability or impediment to use the Services due to reasons attributable to the User, in particular for the loss or entry into possession by third parties (regardless of the manner) of the password to the Account.
- Service Provider shall not be liable for damages caused by the actions or omissions of Users, in particular for their use of the Services in a manner inconsistent with applicable law, the Regulations, available instructions or the purpose of the Website.
- Service Provider is not responsible for the timeliness, correctness, completeness and accuracy of the content posted on the Website. In particular, the Service Provider is not responsible for the content posted by the User.
- Service Provider shall not be responsible for the inadequacy or defects of the User’s equipment, software and installations and shall not repair, adjust or adapt them.
- In the event of a defect, its removal shall be carried out as soon as possible and in the order of reporting. If the defect is not removable within 5 (five) working days of its notification, the Service Provider shall determine the time limit for its removal and communicate this information to the notifying User.
XIII. PROTECTION OF PERSONAL DATA
- Service Provider shall process personal and non-personal data.
- User shall provide data voluntarily, with the proviso, however, that failure to provide certain data may prevent the use of certain Services.
- User has the right to lodge a complaint about the services provided electronically. Complaints may be filed in accordance with the rules described below.
- Any complaints related to the provision of Services by the Service Provider should be reported in writing to the Service Provider’s mailing address or to the e-mail address: firstname.lastname@example.org. The User should specify in the description of the complaint: (1) information and circumstances regarding the subject of the complaint, in particular, the type and date of the irregularity; (2) the User’s request; (3) the complainant’s identification data (name, surname, e-mail address indicated during Account Registration) – this will facilitate and expedite the processing of the complaint by the Service Provider. The requirements specified in the preceding sentence are in the form of a recommendation only and do not affect the effectiveness of complaints submitted without the recommended description of the complaint, subject to para. 5.
- Complaints that do not require supplementation shall be considered within 14 days of receipt. The Service Provider will inform the complainant about the manner of their consideration through the means of communication used to start using the Services.
- If a complaint needs to be supplemented, the Service Provider shall notify the complainant immediately, but in no case later than 14 days from the date of its submission. In such case, the period referred to in item. 4. above shall be counted from the date of submission of the supplemented complaint. Completion of the complaint should take place within 7 days of receipt of the request. The Service Provider reserves that the complaint may not be resolved due to insufficient information.
- The Service Provider reserves the right to extend the time limit for complaint resolution due to the complex subject of the complaint, or a large number of submitted complaints. In such a case, the User will be informed about the extension of the time limit for complaint recognition, together with the reason for the extension.
- The decision on the subject of the complaint will be delivered to the e-mail address indicated during Account Registration
- Detailed information on the User’s ability to use out-of-court procedures for handling complaints and pursuing claims, as well as the rules of access to these procedures, are available at the offices and websites of district (city) consumer ombudsmen, consumer rights organizations, the Provincial Inspectorate of Commercial Inspection and at the following web addresses of the Office of Competition and Consumer Protection: – https://www.uokik.gov.pl/home.php; – http://www.uokik.gov.pl/spory_konsumenckie.php; – http://www.uokik.gov.pl/sprawy_indywidualne.php; – http://www.uokik.gov.pl/wazne_adresy.php (in Polish).
AMENDMENTS TO THE REGULATIONS
- The current text of the Regulations is available at https://donateyourdata.io/terms-conditions/.
- Service Provider reserves the right to amend the Terms and Conditions in the event of:- changes in the functionality of the Services,- changes in the technical solutions used,- changes in the laws, interpretations or practices of the state authorities,- imposition of certain obligations by the competent state authorities,- organizational changes, including those relating to the operation of the Website or User support,- technological and functional changes,- changes in the scope of the Services provided or functionality, including the introduction of new ones,- editorial
- Amendments to the Terms of Service shall become effective within 15 days from the notification of changes and the release of the new version of the Terms of Service.
- Service Provider reserves the right to make changes to the Terms and Conditions without observance of the 15-day period, with immediate effect, in case:- when the introduction of changes is due to a legal obligation or decision of a competent authority, and the necessity of the required changes makes it impossible to comply with the aforementioned 15-day notification period;- the change is necessary due to the need to prevent fraud, malware, data breaches or other cyber security threats.
- Users will be notified of any changes by e-mail to the e-mail address. The modified text of the Regulations and information regarding the changes will be available on the Service
- User may accept the changes to the Regulations or cancel the Services. In the absence of express acceptance of the new version of the Regulations, the first action performed after the effective date of the changes shall be considered as consent to the provision of Services under the new rules.
- If you do not accept the changes, in order to terminate the Agreement with the Service Provider, you must notify the Service Provider immediately, no later than 15 days after the announcement of the changes, by submitting a statement in electronic form, such as an e-mail to the Service
- Termination of the Agreement by the above procedure shall take effect 15 days after notification of the changes to the Regulations.
XVI. INTELLECTUAL PROPERTY RIGHTS
- Copyright to the Website and other intellectual property rights, rights to Internet domain names as well as to templates, forms, logos belong to the Service Provider, and their use may be made only with the consent of the Service Provider.
- The Service Provider shall have exclusive rights, including database rights, to the data and indexes published or made available through the Website.
- Without the prior consent of the Service Provider, expressed in writing under pain of invalidity, the User may not copy, modify, delete any part or all of the Website, its content or functionality, or use them in any way other than specified in the Terms and Conditions and the purpose for which they are intended.
- User shall not be entitled to translate, adapt, rearrange or make any other changes to the software on which the Website is based, including its source code.
- Subject to the purpose of the Website, the User shall not be entitled to:- use the contents of the Website for business or professional purposes;- incorporate the contents of other developments.
- User may print portions of the Website or download them to the hard disk of the computer and transfer them to other persons, provided that he does so only for informational purposes permissible under applicable laws.
- Service Provider, pursuant to the Service Agreement, grants the User a non-exclusive, royalty-free, for the duration of the Service Agreement and non-transferable license to use the User’s copyrights in the works made available as a result of the provision of the Services, solely for the purpose of using the Services. The use of the results of the provision of the Services is permitted for the User’s own and non-commercial purposes.
XVII. TERMINATION OF THE AGREEMENT
- Service Agreement is concluded for an indefinite period of time.
- User shall have the right to terminate the Service Agreement at any time by giving 30 days’ notice. After the expiration of the notice period, use of the Services will not be possible.
- In the case of repeated violations of the Regulations, the Service Provider may terminate the Agreement for the provision of Services at 30 days’ notice.
- In case of violation of the law or material provisions of the Regulations, the Service Provider may terminate the Service Agreement with immediate effect. In such case, the ability to use the Services, including access to the Account shall be automatically suspended.
- If the Service Agreement has been terminated by the Service Provider’s decision, the User is not entitled to re-register the Account without the prior consent of the Service Provider. In the case of refusal to re-register, the Service Provider will inform the User at the e-mail address indicated by the User of the refusal within 14 days. The User has the right to file a complaint under the terms of the Regulations.
- Except for situations of exercising the rights provided by the GDPR, the User shall not have access to the data provided or generated by the User after the expiration of the Service Agreement.
XVIII. WITHDRAWAL FROM THE CONTRACT
- User shall have the right to withdraw from the Contract.
- User may withdraw from the Contract by submitting a statement of withdrawal to the entrepreneur. The statement must be submitted within 14 days from the date of conclusion of the Agreement.
- The statement of withdrawal from the Agreement can be submitted by sending the statement to the address: Podaruj Dane Foundation based in Warsaw, at Żelazna 59 No. 1405 (00-848)
- Some services provided by the Service Provider, consisting of providing digital content, will be performed after the expiration of the withdrawal period. Their earlier realization is possible after express consent of the User. The Service Provider informs that in this case the User will lose the right to withdraw from the contract. In any such case, the Service Provider will inform the User about the possibility of agreeing to early performance.
XIX. FINAL PROVISIONS
- In matters not covered by the Regulations, the generally applicable provisions of Polish law shall apply.
- Unless the provisions of the Regulations provide otherwise, all notices and statements, questions or suggestions addressed to the Service Provider should be submitted in the form of an e-mail to email@example.com or by regular mail to Warsaw, Żelazna 59/1405 (00-848) Warsaw.
- A user who is a consumer has the possibility to use an out-of-court procedure for handling complaints and pursuing claims before the Permanent Consumer Arbitration Court at the Provincial Inspector of Trade Inspection in Warsaw. Information on how to access the aforementioned dispute resolution mode and procedures can be found at the following address: http://www.uokik.gov.pl, under the “Consumer Dispute Resolution” tab. A user who is a consumer (including the Customer) has the option to use the EU Online Dispute Resolution (ODR for short) platform, available at the following web address: http://ec.europa.eu/consumers/odr/.
- Disputes will be resolved by a court of competent jurisdiction under the general rules.
- Regulations are effective as of 05.04.2022.