NEWSLETTER TERMS & CONDITIONS
§1 Essential information about the Service Provider
Services and digital content provided as part of the Newsletter are provided by Sylwia Clayton, running a business under the name Sylwia Clayton Szkolenia, NIP 6381652888, REGON 241312833, entered into the Central Register of Businesses in Poland, kept by the Minister for Economy, contact address: ul. Sienkiewicza 7, 43-100 Tychy, Poland, (hereinafter referred to as the Service Provider).
In all matters, you can contact us by e-mail: firstname.lastname@example.org or by phone: +48 606573144.
The glossary of terms can be found in §10 of these Regulations.
§2 Essential information about the Newsletter
1. Newsletter, including services and digital content, are sent to the e-mail address indicated by you.
2. As part of the Newsletter, educational content is made available, as well as information about new blog entries or materials shared in social media, discounts, current promotions, bonuses, free and paid events, challenges, training and other marketing and commercial information about products and services offered by the Service Provider or recommended by the Service Provider.
3. If digital content is made available as part of the Newsletter (e.g. e-book, audio/video recording), you can access it in the manner indicated in the e-mail (e.g. by clicking the active link provided in the e-mail, downloading the attachment attached to the message).
4. Due to the fact that e-mail programs often consider messages sent from mailing programs as SPAM, it is recommended to add the Service Provider to the list of trusted recipients.
§3 Terms for concluding a contract and obtaining access to the Newsletter
1. You can access the Newsletter:
1) free of charge – by subscribing to the Newsletter and providing your e-mail address, name or other personal data required in the subscription form for marketing/commercial purposes or
2) for a fee – without the need to subscribe to the Newsletter, i.e. by paying a fee to access the digital content provided free of charge as part of the Newsletter. To make a purchase, please contact the Service Provider to the e-mail address indicated in §1 or otherwise indicated for contact.
2. In order to subscribe to the Newsletter and gain access to the service/digital content:
1) provide personal data in the provided subscription form,
2) accept the newsletter regulations,
3) confirm your e-mail address – if at the stage of registration it was indicated the need to confirm the e-mail address (double opt-in mechanism).
3. The contract for the provision of the digital content access service is concluded for an indefinite period at the moment of:
1) displaying to the Customer a confirmation of subscribing to the Newsletter (in the case of free access),
2) upon acceptance of the Store Regulations and payment for access to digital content (in the case of paid access).
4. Access to the Newsletter, including the services and digital content made available, is granted immediately after the conclusion of the Agreement, unless the Service Description states otherwise. If you are unable to access, please report the above. no Service Provider.
5. The Agreement for the provision of the Newsletter access service, including the provision of the service and digital content by you, may be terminated immediately. In order to terminate the Agreement:
1) click the “Unsubscribe” button or
2) contact the Service Provider.
§4 Technical requirements
1. The Service Provider declares that the public nature of the Internet and the use of services provided electronically may involve the risk of obtaining and modifying Customer data by unauthorized persons, therefore it is recommended to use appropriate technical measures to minimize the above-mentioned risks. The Service Provider never asks the Customer to provide him with the Password in any form.
2. In order to subscribe to the Newsletter or place an order for paid access to the Newsletter, it is necessary to have a current version of a web browser supported by the manufacturer with Internet access (e.g. Opera, Mozilla Firefox, Google Chrome, Safari) and an active e-mail account.
3. In order to use the Newsletter, including the services and digital content provided, it is necessary to have:
1) the current version of the web browser supported by the manufacturer with Internet access (e.g. Opera, Mozilla Firefox, Google Chrome, Safari);
2) active e-mail account;
3) an up-to-date tool/program that supports electronic files in the format in which digital content is delivered (e.g. *.zip, *.pdf, *.mobi, *.pub, *.doc, *.docx, *.xsl );
4. If, in order to use the Newsletter, including the services and digital content provided, it will be necessary to meet additional technical requirements, you will be informed about it. Information will also be provided to you in the event that it is necessary to make updates necessary to maintain compliance of services and digital content with the Agreement.
1. If the provided services/digital content are inconsistent with the contract, you may demand that they be brought into compliance with the contract or submit a price reduction statement (in the case of a paid service) or withdraw from the contract.
2. The Service Provider considers complaints within 14 days from the date of delivery of the complaint.
3. Complaints can be submitted by e-mail, in writing or in another way indicated for communication.
4. The Service Provider may refuse to bring the service/digital content into compliance with the contract in the manner selected by the Customer is impossible or would require excessive costs for the Service Provider. When assessing the excessiveness of costs, all circumstances of the case shall be taken into account, in particular the significance of the lack of conformity of the digital content or digital service with the contract and the value of the digital content or digital service in conformity with the contract.
5. The obligations and rights of the Parties, including the detailed rules for complaints about the service/digital content, are set out in the Act on Consumer Rights (including in Chapter 5b of the Act).
§6 Withdrawal from the Agreement
1. You can withdraw from the Agreement within 14 days from the date of conclusion of the Agreement. In order to exercise the right to withdraw from the contract, the Customer should inform the Service Provider about it by means of an unequivocal statement, sending e.g. an e-mail or a letter to the address indicated in the Regulations.
2. You can withdraw from the Agreement in the event of non-delivery of the digital content or service.
3. In the event of withdrawal from the contract, you must refrain from using the digital content or digital service and making it available to third parties.
§7 Copyrights and licenses
1. Texts, photos, graphics, multimedia and trademarks provided as part of the Newsletter are works within the meaning of the Act of 4 February 1994 on copyright and related rights, subject to legal protection.
2. Copyrights to the above-mentioned materials are at the disposal of the Service Provider or another entity from which the Service Provider has obtained the appropriate license. The materials may also be used by the Service Provider based on a different legal basis.
3. All materials made available by the Service Provider may be used only for their own use, unless otherwise agreed by the Parties. Further dissemination, sharing, ripping and downloading in any way of materials beyond the scope of permitted use is not authorized.
4. In the event of a violation of the prohibition referred to in this paragraph, including copyright infringement, the Service Provider has the right to demand damages and redress from the Customer. The customer in the may be subject to civil or criminal liability.
§8 Personal data
1. The administrator of your personal data is the Service Provider. Your data is processed for the following purposes:
1) The data necessary for the conclusion and performance of the contract will be processed for the duration of the contract, including the time of exercising the rights under the contract (Article 6(1)(b) and (f) of the GDPR). Providing this data is voluntary, but necessary to conclude and perform the contract;
2) Additional data provided for, among others, improving the performance of the contract will be processed no longer than until you raise an objection or the business purpose ceases to exist based on a legitimate interest in the form of customer service (Article 6(1)(f) of the GDPR).
3) The data will also be processed for the period of limitation of claims based on the legitimate interest of the Service Provider in order to defend against claims, as well as to establish and pursue claims (Article 6(1)(f) of the GDPR).
4) The data may also be archived for internal and statistical purposes until you raise an objection or the business purpose ceases based on the legitimate interest of the Service Provider (Article 6(1)(f) of the GDPR).
5) In the case of data collected for marketing and commercial purposes, including for the purpose of providing marketing information as part of the Newsletter service, the data will be processed based on the legitimate interest of the Service Provider in the form of marketing of the Service Provider’s products and services (Article 6(1)(f) GDPR) and based on your consent. Your data will be processed no longer than until you object/withdraw your consent or the business purpose ceases to exist – whichever comes first. Providing data is voluntary, but necessary to receive marketing/commercial information. You can withdraw your consent at any time by clicking the link in the footer of the e-mail or by writing to the Service Provider at the address provided above.
2. Your data may be entrusted to other entities, only then it is necessary to achieve the purposes of processing referred to above and only to the extent necessary to achieve this purpose. If necessary, your data may be transferred to a hosting company, entities supporting the handling and sending of the Newsletter, the Meta social platform, a company providing cloud services, entities providing marketing services, and other entities that support the Administrator in achieving the purposes of processing.
3. The Service Provider uses the Mailerlite program to send the Newsletter provided by MailerLite Limited, an Irish registered company at Ground Floor, 71 Lower Baggot Street, Dublin 2, D02 P593, Ireland.
5. In connection with the GDPR, you have the right to access your personal data, rectify personal data, delete personal data, limit the processing of personal data, object to the processing of personal data, transfer personal data, withdraw consent, with the reservation that the withdrawal of consent does not affect on the lawfulness of the processing carried out before its withdrawal.
6. If you believe that your personal data is processed contrary to applicable law, you have the right to lodge a complaint with the President of the Office for Personal Data Protection. In this case, however, I encourage you to contact us in advance to clarify your doubts.
§9 Final Provisions
1. As part of using the Newsletter, including the service or digital content, it is forbidden to provide unlawful information and act in a manner contrary to the law, decency or infringing the personal rights of third parties.
2. Amicable settlement of disputes and complaints in the case of a consumer is possible by contacting:
1) a permanent amicable consumer court with a request to settle a dispute arising from the concluded contract;
2) the voivodship inspector of the Trade Inspection with a request to initiate mediation proceedings regarding the amicable settlement of the dispute between the Customer and the Seller;
3) the poviat (municipal) consumer rights ombudsman or social organization whose statutory tasks include consumer protection in order to obtain assistance regarding the contract;
4) or has the right to use the ODR platform. The platform is used to resolve disputes between consumers and entrepreneurs http://ec.europa.eu/consumers/odr.
3. The Service Provider reserves the right to make changes to the Regulations for important reasons, including in particular due to changes in the law to the extent that these changes force the Service Provider to also change the content of these Regulations, in particular changes to the provisions of the Civil Code, the Act on consumer, the Act on the provision of electronic services, as well as under applicable decisions of UOKIK, PUODO or court rulings to the extent corresponding to the issued decisions/judgments and in the event of a significant change in business factors, as long as there is a cause and effect relationship between the above-mentioned a change and a change in the cost of providing services by the Service Provider. Detailed information on the changes is provided by the Act on Consumer Rights.
4. These Terms and Conditions apply from January 1, 2023.
§10 Glossary of terms
1. Price – money or digital representation of value;
2. Customer – an entity that has concluded an Agreement with the Service Provider for access to the Newsletter, including the provision of the service and/or digital content;
3. Consumer – a natural person who has concluded an Agreement with the Service Provider for purposes that are not directly related to its business/professional activity;
4. Digital content – data generated and delivered in digital form (e.g. e-book, other materials in pdf, audio/video);
5. Service – service or digital content or goods with digital elements;
6. Digital service – a service that allows the Customer to produce, process, store or access data in digital form, or a service that allows the joint use of data in digital form that has been sent or generated by the Customer or other users of this service, or other forms of interaction via with such data;