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OPINION REGULATIONS of the website www.aleksandrawelman.com

 

Dear User!

I am very pleased that you have decided to use our products or services and leave a review about them.    

Please familiarize yourself with the following Terms and Conditions of posting opinions and the rules for leaving and verifying them on the website www.aleksandrawelman.com .  

Please also remember that if you have any questions or concerns, you can contact us using the details provided in the Regulations.

 

 

§1 GENERAL PROVISIONS AND CONTACT DETAILS

  1. The possibility of posting Reviews of the Service Provider’s Products is available in the Google domain on the Google Business Card and on the fanpage on Facebook and Instagram, on the appropriate subpages of the Service or in other indicated places, and is provided by the Service Provider under the terms and conditions contained in these regulations.
  2. If you have any questions, please contact the Service Provider via:
  1. phone number: 793 572 334
  2. e-mail address: aleksandrawelman@gmail.com

 

  1. The User may communicate with the Service Provider by means of an e-mail address or chat (another online messenger) available within the Service (if any). These means guarantee the preservation of written correspondence (document form) between the User and the Service Provider with the preservation of the date and time, meet the requirements of a durable medium and enable quick and effective contact between the User and the Service Provider. 
  2. The principles and conditions for posting, storing and disseminating Opinions on the website are specified in these Regulations. 
  3. The condition for the User to use the Electronic Services is that the User has read the Regulations and the full privacy policy and accepts their content. By accepting the content of the Regulations, the User declares that they have read these contents, understood the provisions of the Regulations and the privacy policy and fully accepts them and undertakes to comply with them.
  4. Leaving an Opinion on the website constitutes acceptance of these Opinion Regulations and the full Privacy and Cookies Policy. 
  5. These regulations apply to the principles of publishing Opinions on the Website, as well as in social media or other accounts of the Service Provider enabling the leaving of Opinions on its Products, subject to separate rules resulting from the regulations of these platforms or websites. 
  6. The Service Provider shall make the Regulations available to the User free of charge before the commencement of using the Service of leaving an Opinion within the Service, in particular in the footer of the Service. The User may record the content of the Regulations in a manner convenient for them, e.g. by saving on a durable medium or printing. 
  7. The rules for using other services, digital content or the rules for purchasing goods (if available on the Website) are specified in the Sales Regulations, to which the Service Provider refers. 
  8. Capitalized terms used in these Regulations have the meaning given to them in § 2 of the Regulations.
  9. Other definitions, procedures, obligations and rights arising from the Digital Services Act – DSA are described in §9 of these regulations and are an integral part thereof. 

§2 DEFINITIONS

The terms used in the Regulations mean:

  • Service Provider or Administrator – Aleksandra Welman, ul. Poznańska 3/3, 60-848 Poznań, NIP 281 001 09 65.
  1. User – a natural person, a legal person or an organizational unit that is not a legal person, to whom special regulations grant legal capacity, leaving an opinion on the services or products of the Service Provider, including the Client.
  2. Customer – a person who directly purchased or used the Service Provider’s Products. 
  3. Opinion – a subjective assessment made by the User about the Service Provider’s Products or any content or actions undertaken by the Service Provider, constituting the User’s own opinion, posted, stored or disseminated in whole or in part on the Website.
  4. Opinion Regulations – these regulations, also specifying the terms of use of the services provided by the Service Provider, including the Indirect Service, regulating the relations between the Service Provider, as the supplier of the Indirect Service, and the Recipient of the services referred to in §9 of the Regulations. 
  5. Website – The website available at www.aleksandrawelman.com   and on its relevant subpages and related landing pages through which the User can leave an Opinion.

 

    1. Product – a product within the meaning of these regulations is any product, service, digital service, digital content, information and materials made available or provided by the Service Provider.
  • Service – a free service provided by the Service Provider to the User, under the terms and conditions set out in these Regulations, consisting in providing the User with the possibility of posting, storing and disseminating Opinions on the Website.
  1. Opinion leaving form – a form available on the Website or on its relevant subpages or landing pages, by means of which the User may leave an Opinion. 
  2. Service – a set of cooperating IT devices and software, ensuring processing and storage, as well as sending and receiving data via telecommunications networks using the end device appropriate for a given type of network (Internet), including the Website or a part thereof, the Store or a part thereof, and applications, including mobile applications and other services of the Service Provider, Social Media and Service Provider channels operating within these Media.
  3. Digital Environment – ​​computer hardware, software and network connections used by the User to leave an Opinion. The minimum technical requirements have been indicated by the Service Provider in these regulations. 
  4. Consumer Rights Act – the Act of 30 May 2014 on Consumer Rights (Journal of Laws of 2023, item 2759, as amended), hereinafter referred to as the Act.
  5. Civil Code  – the Act of 23 April 1964 (Journal of Laws 2023, item 1610), hereinafter referred to as the Civil Code.
  6. GDPR – means 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).
  7. DSA – means Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on the single market for digital services and amending Directive 2000/31/EC (Digital Services Act).
  8. Personal Data Protection Act – Act of 10 May 2018 on the Protection of Personal Data (Journal of Laws 2019, item 1781, as amended).
  9. Act on the provision of services by electronic means  – Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws 2020, item 344, as amended), hereinafter referred to as UŚUDE.
  10. Telecommunications Law Act – the Act of 16 July 2004, the Telecommunications Law (Journal of Laws 2024, item 34, as amended), hereinafter referred to as the Telecommunications Law. 
  11. Copyright and Related Rights Act – the Act of 4 February 1994 on Copyright and Related Rights (consolidated text: Journal of Laws of 2022, item 2509), hereinafter referred to as the Copyright Law. 

 

§3 MINIMUM TECHNICAL REQUIREMENTS

  1. The User may leave an Opinion in a manner consistent with the Regulations and applicable provisions and in a manner that does not disrupt the functioning of the Website or other Users using the Website.
  2. To leave a Review on the Service you need:
  1. Internet access from a device that allows it, such as a desktop computer, laptop, or other portable device, including equipment that enables communication and filling in the necessary forms within the Service, e.g. a working keyboard;
  2. an appropriately configured, up-to-date version of a web browser that supports, among other things, cookies, e.g. Internet Explorer, Opera, Mozilla Firefox, Safari, Google Chrome, and enables browsing websites;
  3. an active and appropriately configured e-mail account, if leaving an Opinion is confirmed by sending an e-mail (the Service Provider recommends that the User checks whether e-mails with the Service domain do not end up in the “spam”, “offers” or other mailbox than “main/inbox”. The Service Provider has no influence on this and it depends on the settings of the User’s e-mail box and/or the provider of the e-mail box used). 
  1. The Service Provider provides technical measures to prevent the acquisition, modification or distortion of personal data and information by Users and by unauthorized third parties.
  2. The Service Provider takes appropriate measures to ensure the proper functioning of the Service, including when Users leave Opinions, including using appropriate tools and protection (e.g. SSL protocol) to enable this, or third-party services in this regard.

§4 RULES FOR LEAVING OPINIONS 

 

  1. Within the Service, the Service Provider enables the User to post, store and disseminate his/her Opinions in areas designated on the Service for posting and disseminating Opinions by Users.
  2. The use of the Service is completely voluntary and depends solely on the will of the User. 
  3. Only Users who have purchased Products offered by the Service Provider are entitled to use the Service.
  4. User Reviews may be posted in the following ways:
  1. As a result of the action of a Customer or User who used our Products and left an Opinion directly in the opinion form on the Website,
  2. As a result of inviting the Client to leave an Opinion by sending him/her a special link to leave such an Opinion,
  3. As a result of the invitation to leave an Opinion via opinion collecting services such as Opineo,
  4. As a result of implementing the content of the Opinion or its screenshot in the Service by downloading it from other places on the Internet where the User left the Opinion, e.g. from social media or comments under a video,
  5. As a result of the publication of the Opinion by the User on external platforms, e.g. in the Google business card (link: https://g.co/kgs/bddmJoZ ), in social media, including the Facebook fanpage and the “Recenzje/Opinions” tab (link: https://www.facebook.com/profile.php?id=61556522949217 ) and Instagram (link: https://www.instagram.com/ustawienia_systemowe_hellinger/ ). 
  1. Opinions may also be presented in various formats, e.g. video, pdf, written opinion with the image and data of the Customer or User of a given Product, with partially presented personal data or without any personal data. 
  2. Each of our Clients has the opportunity to leave an Opinion about the service we have provided to them and thereby consents to its publication on our Website, social media and for other promotional purposes.  
  3. If an Opinion raises our doubts, it is not presented within the site. The person who left an Opinion that was not published or was removed by us has the opportunity to contact us to clarify the situation and determine the reasons. 
  4. We are not obliged to publish Reviews on the Website and we are entitled to remove them if we believe it is justified. We may also publish selected Reviews, but in such a case we publish Reviews that best reflect the essence of cooperation with us and the principles of our services.
  5. We do not use purchased or sponsored reviews. We do not post or cause anyone else to post false Reviews or recommendations or distort Reviews or recommendations in order to promote our Products.  
  6. We may use the Opinions obtained through barter, in that we make our Product available to a given User in exchange for leaving a reliable and honest Opinion about it. 
  7. The User may at any time resign from posting the Opinion on the Website or delete it, either by refraining from posting the Opinion or by contacting the Service Provider to remove it if self-removal is impossible or significantly difficult. 
  8. The Service Provider is entitled to publish both negative and positive Opinions on the Website. 
  9. The Service Provider does not censor negative Opinions, and their failure to be posted on the Website may result from the User’s violation of the principles set out in these regulations or the Service Provider’s doubts as to the credibility of the Opinion.

 

§5 RULES FOR PUBLICATION AND VERIFICATION OF OPINIONS

 

  1. The User is fully and exclusively responsible for the content of the Opinion he/she left on the Website, as well as for the legal and factual consequences it caused, including damages and claims of third parties. 
  2. The User is entitled and obliged to immediately inform the Service Provider about any noticed violations. The Service Provider shall take immediate action to remove the violations. 
  3. The User is obliged to leave the Opinion in Polish, in a manner that is understandable and legible for an average recipient. 
  4. In order to publish an Opinion, the User provides the following information in the Opinion form:
  1. Username (First name, last name)
  2. Email address
  3. Number of stars awarded
  4. Content of the opinion.
  1. In the event of failure to meet the conditions resulting from these Regulations, the Service Provider is entitled to refuse to publish the Opinion on the Website. The Service Provider will send an electronic message with the justification for refusing to publish the Opinion to the User within 14 days from the date of sending the Opinion by the User. 
  1. When using the Website and leaving an Opinion, it is prohibited to provide information of an unlawful nature, and in particular it is prohibited to: 
  1. sending and placing spam within the Service and Opinions; 
  2. providing and transmitting content prohibited by law, 
  3. publication of Opinions contrary to good customs, in particular those containing offensive content, content that violates religious feelings, racist, vulgar, promoting violence, containing pornographic, vulgar, fascist, etc. content. 
  4. publication of Opinions violating the rights of third parties, e.g. copyright or intellectual property rights, or aiming to disclose business secrets or other confidential information, 
  5. publication of Opinions containing links to other websites, entities other than the Service Provider’s Website, in particular competitive websites or online stores,
  6. publication of Opinions calling for and advertising other services,
  7. publication of Opinions unrelated to a given Product,
  8. publication of Opinions containing personal or contact data.
  1. It is ordered:
  1. Leaving Opinions in a manner consistent with these regulations and the law;
  2. Leaving Opinions in a way that does not disrupt the functioning of the Website;
  1. The User may leave an Opinion anonymously or under a pseudonym, in particular on external services that allow this, e.g. social media or Google. 
  2. We make every effort to ensure that the Reviews presented on the website and on the subpages of the website are accurate and come from people who are our actual Customers or Users. To this end, we take reasonable and proportionate steps contained in this document to check whether these Reviews come from our Customers. Among other things, we obtain consent to publish Reviews for marketing purposes, to distribute selected or all Reviews and check whether a given Review comes from our Customer or User.
  3. The opinions presented on the website are verified by us in such a way that  we check whether the opinion left by a given person comes from our Client by verifying the data left by him.

  4. Opinions left on external services are not verified by us, because we do not have the ability to interfere with tools belonging to third parties. These opinions are posted by users of these platforms or services operating according to their rules (regulations). We periodically analyze these Opinions and report any irregularities or abuses noticed to the services administering them. 

 

§6 COMPLAINT PROCEDURE

 

  1. The Service Provider makes every effort to ensure that Opinions on the Website are reliable and the process of leaving them is intuitive for the User. 
  2. The User is entitled to file a complaint in the event of improper functioning of the process of leaving or verifying Opinions on the Website. 
  3. The complaint should include data enabling identification of the User (name and surname, at least e-mail address), the subject of the complaint (e.g. type and date of occurrence of non-compliance) and requests related to the complaint. In the event of receiving an incomplete complaint, the Service Provider will request the User to complete it.
  4. The complaint should be sent to the e-mail address or address of the Service Provider provided in these regulations. 
  5. The Service Provider will respond to a complete complaint within 14 days from the date of receipt of the complaint and will inform the User about further proceedings by sending an e-mail to the complainant’s address or in the same manner in which the User contacted him or in another manner agreed with the User.
  6. The Service Provider will process the User’s personal data for the purpose of handling complaints in accordance with the Privacy Policy and the Terms and Conditions.

§7 INTELLECTUAL PROPERTY, LICENSE, COPYRIGHT

 

  1. By leaving an Opinion on the website, the User declares that it is the product of his/her creative activity and does not infringe the rights of third parties. 
  2. The User who publishes an Opinion on the Website or on other websites grants the Service Provider a non-exclusive and non-transferable license, unlimited in time, to use and distribute, modify, copy the content of the Opinion, without territorial restrictions, in whole or in part, with the right to grant sub-licenses, in the following fields of exploitation:
  1. Recording and reproducing the Opinion through digital processing, using any technique, 
  2. Disseminating the Opinion by making it publicly available in such a way that everyone can have access to it at a place and time of their choosing, mainly on the Internet, public display,
  3. Save digitally, modify for your own needs, e.g. on your own hard drive or in recommended external programs.

§8 PERSONAL DATA 

 

In accordance with Article 13 paragraph 1 and paragraph 2 of the GDPR (i.e. 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) and the Act of 10 May 2018 on the protection of personal data, I hereby inform you that:

  1. The administrator of the User’s personal data is the Service Provider. The Administrator independently performs the tasks of the Personal Data Protection Inspector. You can contact the Administrator using the following data: e-mail: aleksandrawelman@gmail.com, Telephone number: 793 572 334 or in writing to the Administrator’s address.
  2. The User’s personal data provided in the Opinion form will be processed on the basis of the User’s consent, i.e. Article 6 paragraph 1 letter a of the GDPR.
  3. The User’s personal data may also be processed for the following purposes and on the following legal bases:
  1. consideration of complaints or claims – pursuant to Article 6 paragraph 1 letter b of the GDPR (necessity to conclude and/or perform a contract);
  2. establishing, pursuing or defending against claims – pursuant to Article 6(1)(f) of the GDPR (legitimate interest of the controller);
  3. creating registers and records related to the GDPR – pursuant to Article 6 paragraph 1 letter c) of the GDPR (obligation resulting from legal provisions) and Article 6 paragraph 1 letter f of the GDPR (legitimate interest of the controller);
  4. archival and evidentiary purposes, for the purposes of securing information that may be used to demonstrate facts – pursuant to Article 6(1)(f) of the GDPR (legitimate interest of the controller);
  5. for the purpose of direct marketing addressed to the User – pursuant to Article 6 paragraph 1 letter f of the GDPR (legitimate interest of the administrator),
  6. for the purpose of processing the User’s image, vision or sound – pursuant to Article 6 paragraph 1 letter a of the GDPR (consent).
  1. Providing personal data is voluntary, but necessary for the purposes of publishing the Opinion on the Website and implementing the legitimate interests of the Administrator. Failure to provide them will result in the publication of the Opinion on the Website being impossible.
  2. The User’s personal data will be processed for the period of publication of the Opinion, as well as for the period of securing any claims in accordance with generally applicable legal provisions. Then they will be deleted, unless the User decides to use the Administrator’s services and leaves them on a different basis and for the purpose indicated to him. 
  3. The User’s personal data will be made available to other data recipients, such as, for example, services providing IT system maintenance and hosting services, e-mail service providers, mailing service providers, subcontractors and contractors involved in the work of the Service Provider. 
  4. Due to the fact that the Administrator uses external providers of various services, e.g. Meta Platforms Ireland Limited (Facebook and subsidiaries), Google, Microsoft, etc., User data may be transferred to the United States of America (USA) in connection with their storage on American servers (in whole or in part). Google and Meta Platforms Ireland Limited (Facebook and subsidiaries), based on the implementing decision of the European Commission of 10 July 2023, issued on the basis of Regulation (EU) 2016/679 of the European Parliament and of the Council, stating the adequate level of protection of personal data within the EU-US data protection framework, have passed the certification system and obtained a certificate confirming the protection of Personal Data at the European Union level. Personal data will be transferred only to recipients who guarantee the highest protection and security of data, including through:   
  1. cooperation with entities processing personal data in countries for which an appropriate decision of the European Commission has been issued,  
  2. use of standard contractual clauses issued by the European Commission,  
  3. application of binding corporate rules approved by the relevant supervisory authority,  

or those to which the User has consented.

  1. The User has the right to access the content of their data, correct it, rectify it, delete it or limit its processing, the right to object to the processing, the right to transfer data, the right to request access to data, and the right to file a complaint with the supervisory authority – the President of the Personal Data Protection Office, if they consider that the processing of their data is inconsistent with the currently applicable legal provisions in the field of data protection. They also have the right to be forgotten if further processing is not provided for by the currently applicable legal provisions.
  2. The User also has the right to withdraw consent at any time if they have provided their personal data based on consent. Withdrawal of consent does not affect the processing of data that was carried out on the basis of consent before its withdrawal.
  3. User data will not be processed in an automated manner, including in the form of profiling within the meaning of the GDPR, which means that the Administrator will not make automatic decisions that affect the rights and freedoms of the User.
  4. In order to ensure the safety of the User and the transfer of data in connection with the use of the Service, the Service Provider shall take technical and organizational measures appropriate to the level of risk to the security of the services provided, in particular measures to prevent the acquisition and modification of personal data by unauthorized persons.
  5. Detailed principles of collecting, processing and storing personal data used for the publication of Opinions are described in the Privacy and Cookies Policy, which can be found at: _________________________ [enter active link].

§9 DEFINITIONS, PROCEDURES, OBLIGATIONS AND POWERS RELATED TO DSA 

 

  1. This section of the Regulations sets out information on any restrictions imposed by the Administrator in connection with the use of its services, in relation to information provided by Service Recipients, including, but not limited to: information on any policies, procedures, measures and tools used for the purpose of content moderation, including algorithmic decision-making and human review, as well as on the internal regulations of the complaint handling system, any significant changes to the terms of use of the services and the mechanisms for reporting Illegal Content. The Administrator provides the above information and terms of use of the Service in a comprehensible and legible manner, including for minor recipients. The Administrator designs, organizes and operates its Internet Services (and interfaces) in a way that does not mislead Users or manipulate them or in any other significant way interferes with or limits the ability of Users to make free and informed decisions.
  2. The Administrator is a provider of Indirect Services within the meaning of DSA, offering the following services:
  1. ordinary communication,
  2. Hosting
  3. “caching”. 
  1. Indirect services provided by the Administrator consist in enabling Service Recipients to post Content on the Website, such as:
  1. comments, 
  2. opinions and ratings, 
  3. .
  1. The Administrator also provides indirect Services as part of its profiles available in social media, i.e. on Instagram (link: https://www.instagram.com/ustawienia_systemowe_hellinger/ ), Facebook (link: https://www.facebook.com/profile.php?id=61556522949217 ), LinkedIn (link: https://www.linkedin.com/in/aleksandra-welman-100389254/ ) through:
  1. enabling Users to leave comments under posted posts,

 

  1. adding ratings and opinions
  2. other forms of interaction enabling Content to be left available on the above-mentioned portals.  
  1. The definitions used in this section and the Regulations mean:
  1. Administrator – Seller, as defined in §2 point 1 of the Regulations, as well as an entrepreneur, i.e. a natural or legal person, regardless of whether it is a public or private entity, who acts – including through a person acting in its name or on its behalf – for purposes related to its commercial, economic, craft or professional activity, providing the services referred to in these regulations, including information society services within the Service. 
  2. Service Recipient – ​​Customer or User or person using intermediate services or other information society services provided by the Administrator, including, for example, the Store, Website or the Administrator’s social media, in particular for the purpose of searching for information or sharing it.
  3. Content – ​​any information provided by the User in any form within the Store, Service, Social Media or other platforms and places owned or moderated by the Administrator, in particular within the Website or Store or the functionalities of these places made available to the User.
  4. Illegal Content – ​​means information that, in itself or by reference to an activity, including the sale of Goods, Digital Services or Digital Content or the provision of services, is not in compliance with Union law or with the law of any Member State that is in compliance with Union law, regardless of the specific subject matter or nature of that law.
  5. Content Moderation – means actions, regardless of whether they are automated, undertaken by the Administrator or cooperating indirect service providers, the purpose of which is, in particular, to detect, identify and combat illegal content or information that is inconsistent with the terms of use of their services, provided by Service Recipients, including implemented measures that affect the availability, visibility and accessibility of such illegal content or information, such as deposition of such content or information, demonetization, preventing access to it or removing it, or that affect the ability of service recipients to transmit such information, such as closing or suspending the recipient’s account.
  6. Indirect service – means one of the following information society services provided by the Administrator: 
  1. a “standard transmission” service consisting in the transmission in a telecommunications network of information provided by the Service Recipient or in providing access to a telecommunications network;
  2. “caching” service consisting in the transmission in a telecommunications network of information provided by the Service Recipient, including automatic, intermediate and short-term storage of this information, performed solely for the purpose of improving the subsequent transmission of information at the request of other recipients;

iii. “hosting” service consisting in storing information provided by the Service Recipient and at his request.

  1. Internet Platform – means a hosting service that, at the request of the Service Recipient, stores and publicly disseminates information, unless such activity is an insignificant or solely secondary feature of another service or an insignificant function of the main service, and for objective and technical reasons it cannot be used without such other service, and the inclusion of such feature or function in such other service is not a way to circumvent the application of DSA.
  2. Public dissemination means making information available at the request of the Service Recipient who provided the information, to a potentially unlimited number of third parties.
  3. Social media – social media platforms within which the Administrator creates additional channels of communication with the User or Recipient of the information or content provided by him, whether within the Order, within the framework of publishing content publicly available to a wide audience, or within the framework of other forms of contact with the Recipient of the content, including contact related to commercial offers, which in particular applies to: private or public social media groups, channels on social media platforms, public accounts referred to, among others, in the Privacy Policy, the so-called fanpage, communication channels, within these social media platforms, etc. 

 

Contact point

  1. The Controller designates the following single point of contact enabling it to communicate directly, by electronic means, with the authorities of the Member States, the Commission and the Digital Services Board, via the email address aleksandrawelman@gmail.com or by phone at 793 572 334. Communication can take place in the following languages: Polish and English. 

 

  1. The Administrator designates the following single point of contact enabling Service Recipients to communicate directly – electronically – with the Administrator via the e-mail address: aleksandrawelman@gmail.com or by phone at the following number: 793 572 334. Communication may take place in the following languages: Polish and English. 



Illegal Content and Content that is inconsistent with the Administrator’s terms of service

 

  1. The User may not post within the Service, Internet Platform or Social Media of the Administrator the Content specified in § 1, paragraphs 10-12 of the Regulations, as well as:
  1. Illegal Content or Content that is inconsistent with the Terms and Conditions,
  2. Content containing profanity, hate towards third parties, spam,
  3. Content contrary to good customs, in particular containing offensive content, violating religious feelings, personal rights of third parties, or showing a lack of respect in accordance with generally understood social norms and principles of social coexistence, Content that is racist, vulgar, promotes violence, contains pornographic, fascist, discriminatory content, has sexual overtones, is inappropriate for underage users, etc. 
  4. Content that violates the rights of third parties, such as copyright or intellectual property rights, or is intended to disclose business secrets or other confidential information, 
  5. Content containing links to other websites (links), entities other than the Website, competitive websites or online stores, to which the Administrator has not previously given consent, in particular advertising, marketing, fundraising or other commercial links,
  6. Content that calls out or advertises other services, platforms, social media, etc.
  7. Content unrelated to a given Product or Service or any action of the Administrator or the Website, or Content unrelated to the subject matter of the Website or the Administrator’s Social Media,
  8. Content containing personal or contact information,
  9. Repetitive Content that has already appeared on the Website or the Administrator’s Social Media (the User is obliged to verify before publishing the Content whether it is not a copy of existing Content),
  10. Content of a technical nature, customer service inquiries regarding the Administrator’s products or services (for this purpose, the User should contact the details provided in the Regulations).

 

Procedure for reporting illegal content, appeals procedure and Content Moderation

  1. The User who considers a given Content to be Illegal Content or Content violating these Regulations is entitled to report this Content to the Administrator electronically to the e-mail address provided in the Regulations, together with an indication of the place where the Administrator can familiarize themselves with the aforementioned Content and all details necessary to consider the report, including the contact details of the User and third parties involved (if possible). 

The User may use  the Illegal Content reporting form, which is an annex to these regulations. 

  1. If the contact details of the User reporting the Content are not provided, the Administrator will not be able to contact the User to notify him or her about the receipt of the report and the result of considering the report. 
  2. The Administrator will immediately notify the User upon receipt of a report of the given Content. 
  3. The Administrator shall make decisions within the scope of the notification within a period not longer than 14 days from the date of receipt of the notification, in a non-arbitrary, objective manner and with due diligence. For the purposes of consideration and decision-making, the Seller shall not use/use automated means.
  4. The Administrator shall notify the User without undue delay about the result of the decision taken regarding the notification, its content and justification. 
  5. In the event of Illegal Content or Content that is inconsistent with the Regulations, the Administrator may remove it, limit its visibility, prevent access to it, deposition it or leave it on the Service. It may also suspend, terminate or otherwise limit monetary payments, if such occur on the Service, suspend or terminate the provision of the service in whole or in part, or suspend or close the account of the User or a third party. At the same time, it informs the User and the third parties involved of its decision by providing them with a clear and specific justification for the decision (if it has their contact details).
  6. The User may appeal against the Administrator’s decision within 14 days from the date of receipt of the decision, providing justification. 
  7. The Administrator shall consider the User’s appeal within 14 days of its receipt, providing the User with its decision and justification. 

 

Administrator’s Responsibility for User Content

  1. The Administrator shall not be liable for User Content, especially Illegal Content left within the Service or Internet Platform, if the User’s actions are contrary to the Regulations or generally applicable laws. The Administrator shall make every effort to deal with such Content in a manner consistent with generally applicable laws and the Regulations, including not modifying the Content in a way that affects the integrity of the information provided or made available, not facilitating the posting of Illegal Content, immediately taking action to remove it or prevent access to it in accordance with the Regulations, respecting the fundamental rights of Users, including the right to freedom of expression and information, and taking all actions in good faith and with due diligence.

 

Algorithmic decision making

  1. There is no algorithmic decision-making within the Service , including decisions related to User appeals. OR 



Cooperation with public authorities regarding notifications of Illegal Content

  1. Where the Controller has any information giving rise to a suspicion that a criminal offence which threatens the life or safety of one or more persons has been, is being or may be committed, it shall immediately inform the law enforcement or judicial authorities of the Member State or Member States concerned of its suspicion and provide all available information on that subject.

 

Providing information to the Digital Services Coordinator

  1. The Controller shall provide the Digital Services Coordinator responsible for the place of establishment and the Commission, upon their request and without undue delay, with information on the average number of monthly active recipients of the service in the Union, calculated as an average over the previous six months, updated at the time of such request. The Digital Services Coordinator or the Commission may request the Controller to provide additional information on the calculation, including an explanation and justification for the data used. That information shall not contain personal data. 

 

Termination of use of the Administrator’s services

  1. The User is entitled to terminate the use of the Administrator’s services at any time. For this purpose, they may use available forms of terminating the use of services, such as automatic clicking on specific buttons enabling deletion of the account or unsubscribing from a given service, discontinuing observation of the Administrator’s Social Media, or by deleting the Content they have posted, as well as contacting the Seller using the details provided in these regulations . This provision does not prejudice the Administrator’s obligations and rights resulting from other generally applicable provisions of law and further storage of data, including personal data, in particular for the purposes indicated in the Privacy Policy and resulting from the GDPR or other acts. 

 

Changes to the rules for using the Administrator’s services

 

  1. The Administrator will immediately inform the User by appropriate means about significant changes introduced in the terms of use of the Administrator’s services, including in the event of a change in the rules regarding information permitted about its services or other such changes that may have a direct impact on the Recipients’ ability to use the service, including the changes referred to in § 21 of these regulations. 

§10 OUT-OF-COURT DISPUTE SETTLEMENT AND CLAIMS SETTLEMENT  PROCEDURES

 

  1. The Service Provider agrees to submit any disputes arising in connection with the publication of the Opinion to mediation. The details will be determined by the parties to the conflict. 
  2. The User has the option of using out-of-court complaint and claim settlement methods. The User has the option of, among others:
  1. to apply to a permanent consumer arbitration court with a request to resolve the dispute,
  2. to submit a request to the provincial inspector of the Trade Inspection to initiate mediation proceedings to amicably resolve the dispute between the User and the Service Provider,
  3. free use of assistance from the district (municipal) consumer rights advocate or a social organization whose statutory tasks include consumer protection (including the Consumer Federation, the Association of Polish Consumers).
  1. More detailed information on out-of-court complaint and claim settlement procedures can be found on the website  http://www.uokik.gov.pl and at the offices and on the websites of district (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection or Voivodeship Inspectorates of Trade Inspection.
  2. The User may also use the ODR platform, which is available at  http://ec.europa.eu/consumers/odr . The platform serves to resolve disputes between consumers and entrepreneurs seeking out-of-court settlement of the dispute.
  3. The case may be considered by an arbitration court only after the complaint procedure has been completed and if both parties to the dispute agree to this. In other cases, any disputes shall be submitted to the courts competent in accordance with the provisions of the Code of Civil Procedure and general jurisdiction .

 

§10 FINAL PROVISIONS

  1. The possibility of posting Opinions on the Website is provided in Polish and based on the provisions of Polish law. 
  2. The Service Provider reserves the right to make changes to the Regulations for important reasons, such as: changes in legal regulations, changes in the methods of providing the service – to the extent to which these changes affect the implementation of the provisions of these Regulations, changes in technology, changes in the scope of services, Products or assortment in the Service, stylistic or corrective changes that do not substantively affect the shape of the regulations and the rights or obligations of the User. The new regulations enter into force on the date of publication on the Service.
  3. For Opinions left before the changes to the Regulations, the version of the Regulations in force on the date of conclusion of the agreement, if concluded, shall apply.
  4. In the event that any provision of these Regulations proves to be inconsistent with generally applicable legal provisions and infringes the interests of consumers, the Service Provider declares the application of the indicated provision.
  5. The settlement of any disputes between the Service Provider and the User who is a consumer within the meaning of Article 22 1  of the Civil Code or an entrepreneur with consumer rights shall be submitted to the competent courts in accordance with the relevant provisions of the Code of Civil Procedure.
  6. In matters not regulated in these Regulations, the generally applicable provisions of Polish law shall apply, in particular: the Civil Code, the Consumer Rights Act, the Act on the provision of services by electronic means, the Act on combating unfair competition, the Act on the protection of personal data and the General Data Protection Regulation (GDPR).

 

Link to privacy and cookie policy: ___________________________________________

Link to these Regulations: ________________________________________



Note! These Terms and Conditions have been prepared by the Law Firm #Legalny Biznes Online legalnybiznesonline.pl. Do not copy them in whole or in part, as you will violate copyright and expose yourself to claims. Try to obtain your own legal license by contacting the Law Firm or using the legal store on legalnybiznesonline.pl or legalnastrefabiznesu.pl. 

I operate legally because I care about my clients, my image and the highest quality of what I provide for you! 🙂 







ANNEX No. 1 – SAMPLE FORM FOR REPORTING ILLEGAL CONTENT OR CONTENT NOT IN COMPLIANCE WITH THE TERMS OF USE OF SERVICES (WITH OPINION RULES)

 

Date: ………………………….

 

Name and surname/company: …………………………… .

Address of residence: ……………………………….: 

E-mail (if available) : …………………………….

Telephone number (if available): …………………………….

Order number (if applicable): …………………………….

[except in the case of reporting information deemed to be related to one of the offences referred to in Articles 3 to 7 of Directive 2011/93/EU]

 

Link to Content: …………………………….

 

Alexandra Welman

  1. Poznańska 3.3, 60-848 Poznań

NIP 281 001 09 65

aleksandrawelman@gmail.com

 

REPORTING  ILLEGAL CONTENT OR CONTENT THAT IS INCONSISTENT WITH TERMS OF SERVICE

 

I hereby report that the Service located at the link: ___________________________ has been published 

  • illegal content
  • content that is inconsistent with the Terms and Conditions of Opinion
  • content that is inconsistent with the terms of use of the Administrator’s services [please select as appropriate] . 

 

Description of the content and evidence of its existence

The content posted on the Website violates the following provisions of the Opinion Regulations/legal provisions: _________________________ [specify] and _________________________________ [specify other arguments why the indicated content is considered illegal or inconsistent with the Regulations]. 

 

Additionally, as proof of my claims I am sending:

  • screenshots of the above content 
  • Other: ___________________________________ [specify and attach]

 

Infringer’s data

To my knowledge, the above content was published/posted by the following person:

Name and surname: _____________________ [if available ]

Link to your online profile: _____________________ [if you have one]

Email address: _____________________ [if you have one]

 

Tasks

Taking the above into account, I request:

 

  • remove the aforementioned content from the Service
  • limiting the visibility of the following information related to the above content: _________________________ [please specify] by:
    • preventing the infringer from accessing the content
    • content deposition
  • suspension of the violator’s account
  • Closing the infringer’s account
  • suspension of the provision of the service in whole/in part [select] by the Administrator in favour of the infringer
  • termination of the provision of the service in whole/in part [select] by the Administrator in favour of the infringer
  • suspension, termination or other restriction of monetary payments as follows: _________________________________ [specify]
  • Other: ________________________________ [specify].



Statement

I declare that I am making this report in good faith and I am convinced that the information and allegations contained herein are correct and complete. 





Date: _____________________ Signature [if possible]: _____________ 

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