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Regulations for the provision of electronic services

Regulations effective from 8 May 2020

INTRODUCTION

Pursuant to the provisions of the Act of 18 July 2002 on Provision of Electronic Services (Polish Journal of Laws of 2002, No. 144, item 1204, as amended) TOYA S.A. introduces these Regulations defining, in particular, the types and scope of electronic services provided, the terms and conditions of providing these services, including technical requirements and prohibitions on delivering illegal content, privacy policy, terms and conditions of concluding and terminating contracts for provision of electronic services, terms and conditions of sending commercial information and the complaint procedure.

Chapter 1
General Provisions

  1. Definitions of terms used in the Regulations:
    • Act - Act on Provision of Electronic Services of 18 July 2002 (Polish Journal of Laws of 2002, No. 144, item 1204);
    • General Data Protection Regulation - Regulation (EU) No 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 (OJ L 2016 No. 119);
    • ICT system - a set of cooperating IT devices and software, ensuring processing and storage, as well as sending and receiving data via telecommunications networks using a terminal device appropriate for a given type of network within the meaning of telecommunications law;
    • Electronic services - the performance of a service, which is carried out by sending and receiving data via ICT systems, at the individual request of the Customer, without the simultaneous presence of the parties, whereby the data are transmitted over public networks within the meaning of the telecommunications law;
    • Means of electronic communication - technical solutions, including data communication devices and cooperating software tools, allowing individual communication at a distance using data transmission between data communication systems, especially electronic mail;
    • Service Provider - TOYA S.A. with its registered office in Wrocław, ul. Sołtysowicka 13-15, postal code 51-168, entered in the Register of Entrepreneurs of the National Court Register kept by the 6th Commercial Department of the District Court for Wrocław - Fabryczna under the KRS number 0000066712, NIP number: 895-16-86-107; REGON number: 932093253;
    • Customer - an entity using the services of the Service Provider who is a party to a contract for the provision of services being a natural person, legal entity, or organisational unit without legal personality, who or which undertakes to comply with these Regulations. A Customer is also an entity that orders the provision of certain services electronically under the terms set forth below;
    • Technical Specifications - a set of information about the Service Provider’s ICT system and the technical requirements necessary to work with this system.
  2. By ordering the service, the Customer confirms that they have familiarised themselves with the description of the service, the terms and conditions of its provision by the Service Provider and the Terms and Conditions and declares that they accept all provisions of the Terms and Conditions.

Chapter 2
Types and scope of services provided electronically

  1. The Service Provider provides services electronically, in particular:
    • Newsletter,
    • Contact form,
    • Online store customer account,
    • Hotline,
    • Yato Premium Service,
    • TOYA B2B Service,
    • Claim Form.
  2. The Service Provider also provides services on the basis of separate contracts, the subject of which is the provision of electronic services.

Chapter 3
Terms and conditions for the provision of electronic services

  1. The Service Provider shall provide services to the Customer to the extent and under the terms and conditions set forth in these Regulations or an individual offer, if such has been made and has been accepted by the Customer.
  2. The Customer agrees to comply with these Regulations
  3. The Customer shall comply with the prohibition of abuse of electronic communication means and not to deliver the following content via or to the Service Provider’s ICT systems:
    • Content causing disruption or overload of the ICT systems of the Service Provider or other entities directly or indirectly involved in the provision of electronic services;
    • Content violating the rights of third parties, generally accepted social norms, or being inconsistent with generally applicable laws.
  4. The Customer has the right to expect access to the full functionality of the Package at any time, except for the time needed for upgrades, updates, maintenance or other random events. The Service Provider undertakes to carry out maintenance work at times that are least inconvenient for Users.
  5. The Service Provider will inform the User of any planned interruption in access to the provided services well in advance via the website.
  6. The Service Provider shall provide the Customers with the secrecy of communications called “telecommunications secrecy”, which shall include information transmitted over the public Internet network, data concerning and entered by the Customers only within the Service Provider’s ICT system and only in the event that the information covered by “telecommunications secrecy” is not public in principle or its disclosure is not necessary for the proper provision of the service to which it relates. Information covered by “telecommunications secrecy” may be disclosed only in cases specified by contract or by law.
  7. Information covered by “telecommunications secrecy” may be processed by the Service Provider only if its processing is the subject of the service provided to the Customers, is necessary for its proper performance or supervision of the proper operation of the Service Provider’s ICT system.
  8. Access to information about changes in the manner and scope of the Service Provider’s provision of services, and to information required to be provided to the Customer under Article 6 of the Act on Provision of Electronic Services, will be provided by the Service Provider through the website and/or through an informative newsletter provided via e-mail.
  9. The detailed technical requirements necessary to work with the Service Provider’s ICT system are attached as Appendix 1.

Chapter 4
Privacy Policy

  1. TOYA S.A. is the controller of the personal data of the Customers.
  2. The processing of personal data shall be carried out in accordance with the principles set forth in the General Data Protection Regulation, the Act on Personal Data Protection, the Act on Provision of Electronic Services and the provisions of these Regulations.
  3. Pursuant to Article 6(1)(a) of the General Data Protection Regulation, the Customer’s personal data in the case of services referred to in Chapter Two, Section 1(a) and (b) will be processed on the basis of the Customer’s consent for the purpose of sending commercial information to the e-mail address provided by the Customer and contacting the Customer about the goods and services offered by the Service Provider.
  4. Pursuant to Article 6(1)(b) of the General Data Protection Regulation, the Customer’s personal data in the case of services referred to in Chapter Two, section 1(c)-(g) will be processed for the purpose of providing electronic services aimed at enabling the conclusion of contracts for the sale of goods offered by the Service Provider and the filing of complaints by the Customer, and pursuant to Article 6(1)(f) of the General Data Protection Regulation, personal data will be processed on the basis of a legitimate interest of the data controller for the purpose of defending against possible legal claims of the Customer related to the provision of electronic services and for the purpose of improving the quality of service.
  5. Personal data collected by the Service Provider may be provided to:
    1) the relevant state authorities at their request under the relevant laws,
    2) other persons and entities - in cases provided for by law, including entities cooperating with the controller on the basis of written personal data processing agreements, for the purpose of performing tasks and services specified in the agreement for the benefit of the controller, in particular in the field of legal, consulting, or IT services.
  6. The processing of personal data of the Customers and the personal data entered by them concerns:
    • data necessary for sending the Newsletter
      • email addresses,
      • name (optional);
    • data necessary to send information through the Contact Form
      • email addresses
    • Customer identification data provided when setting up an account in the online store
      • name and surname,
      • mailing address,
      • email address,
      • phone number,
      • login,
      • passwords,
      • in the case of a company - the name of the company and NIP [Tax Identification Number],
      • other data provided by the Customer for the purpose of delivery of goods and invoicing;
    • data for the hotline
      • name and surname
      • phone number
      • voice recordings
    • identification data of Customers using the Yato Premium Service
      • name and surname,
      • email address,
      • phone number,
      • pickup and delivery address;
    • identification data necessary to file a complaint via the Application Form
      Guarantee claim
      • name and surname,
      • mailing address,
      • phone number,
      • email address,
      Warranty claim
      • name and surname,
      • mailing address,
      • phone number,
      • email address,
      • bank account number;
    • data necessary to operate the B2B system
      • names,
      • address,
      • email address,
      • NIP (Tax Identification Number).
  7. The Service Provider shall provide appropriate technical and organisational measures to ensure the security of personal data provided by users, in particular to prevent access to them by third parties or their processing in violation of the law, to prevent data loss, damage or destruction.
  8. Customer’s data will be processed:
    • in the case of the service referred to in Chapter Two, section 1(a) - until the cessation of direct marketing activities in the form of sending commercial information on products offered by the Service Provider;
    • in the case of the service referred to in Chapter Two, section 1(a) - until the contact regarding the matter reported in the contact form is completed;
    • in the case of services referred to in Chapter Two, section 1(c) - (g) for the period of existence of the account in connection with the services or the statute of limitations for claims under the concluded contract.
  9. Provision of personal data by the Customer is voluntary, but is necessary in order for the Service Provider to provide electronic services. The Customer has the right to access their data and the right to rectify them, the right to erase them, the right to limit their processing and the right to data portability.
  10. The Customer has the right to lodge a complaint with the President of the Office for Personal Data Protection if they consider that the processing of their personal data violates the provisions of the General Data Protection Regulation of 27 April 2016.
  11. . In order to exercise the above-mentioned rights, please contact the Data Controller, i.e. Toya S.A., ul. Sołtysowicka 13-15, 51-168 Wrocław, PHONE: +48 71 3246200, and the Data Protection Inspector; contact details: iod@yato.pl phone number: +48 713246200.
  12. After termination of the Customer’s use of services provided by the Service Provider, as a result of withdrawal or refusal to accept changes to the Regulations, the Customer’s personal data may be processed to the extent necessary for the following purposes:
    1) to assert liability in connection with the user’s violation of the law and the Regulations,
    2) to determine whether the user’s use of the services was in compliance with the Regulations and laws.

Chapter 5
Consent to processing of personal data

  1. The Customer is responsible for the accuracy and up-to-dateness of the personal data provided. In the event of justified doubts as to the reliability of the data, the Service Provider has the right to request documentation of the correctness of the data by the Customer.
  2. The processing of personal data will be carried out in accordance with the principles indicated in Chapter 4 of the Regulations.
  3. If consent is given by the Customer, it is always voluntary.

Chapter 6
Conditions for conclusion and termination of contracts

  1. The Service Provider undertakes to start providing services no later than 3 working days from the date of conclusion of the contract or 3 working days from the moment of registration on the Service Provider’s website.
  2. Promotional or commercial information is considered to have been ordered if the Customer has consented to receive such information by registering in the Service Provider’s IT system, in particular, provided an electronic address identifying them for this purpose.
  3. The Customer can opt out of receiving offers or modify their settings at any time via the website or by direct contact via email or telephone.
  4. The opt-out referred to in paragraph 3 is equivalent to termination of the contract for the provision of electronic services.

Chapter 7
Complaint procedure

  1. Complaints may be filed on account of:
    • Failure, through the fault of the Service Provider, to meet the deadline specified in the contract for the commencement of provision of services to the Customer,
    • Failure to perform, improper performance of services or defective billing.
  2. The complaint must be made in writing otherwise being null and void.
  3. Complaints can be filed within 30 days from the date on which the service was performed or was to be performed.
  4. A complaint about the non-performance or improper performance of a service must include, in particular, its subject matter and the circumstances justifying it.
  5. The Service Provider shall handle complaints within 14 days, counting from the day they are filed.
  6. If the terms of the complaint procedure are violated, the complaint may not be admitted.

Chapter 8
Interim and final provisions

  1. Matters not covered by these Regulations shall be governed by the provisions of the Civil Code (Polish Journal of Laws of 1964 No. 16, item 93, as amended), the Act on Provision of Electronic Services (Polish Journal of Laws 2002, No. 144, item 1204, as amended) and other provisions of generally applicable law.
  2. The competent court to resolve disputes arising from these Regulations is the common court with jurisdiction over the Service Provider’s registered office, except when the Customer is a consumer

Appendix 1.

Minimum technical requirements needed to use services provided electronically by TOYA S.A. are the following:

  • Internet connection: 1 Mbit/sec
  • Preferred browser: Firefox
  • Browser plug-ins: Java/Flash
  • Cookies: Yes
  • Javascript: Yes
  • Processor: 1 Ghz
  • Operating memory: 256 RAM
  • Graphics: 1024 x 640
  • Sound card: No
  • Preferred operating system: MS Windows

Comfortable technical requirements needed to use services provided electronically by TOYAS.A. are the following:

  • Internet connection: 6 Mbit/sec
  • Preferred browser: Firefox
  • Browser plug-ins: Java/Flash
  • Cookies: Yes
  • Javascript: Yes
  • Processor: 2 Ghz
  • Operating memory: 1000 RAM
  • Graphics: 1024 x 640
  • Sound card: No
  • Preferred operating system: MS Windows
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