Definitions
Whenever the following terms appear in these Terms and Conditions, they should be understood in accordance with the definition given below:
1. Website – a website functioning on the Internet at the www.canpolbabies.com domain.
2. Terms and Conditions – these Terms and Conditions for the use of the website under the domain name www.canpolbabies.com specifying, in particular, the rights and obligations of Website Users and the Controller.
3. Controller – the owner of the Website, a company under the business name CANPOL spółka z ograniczoną odpowiedzialnością with its registered seat in Warsaw, Puławska 430, 02-884 Warsaw, entered into the register of entrepreneurs kept by the District Court for Warsaw, in XII Business Division of the National Court Register, under KRS: 0000732574 number, NIP: 118-00-28-608, REGON: 015495694.
4. Act - the Act of 18 July, 2002 on Providing Services by Electronic Means.
5. User – a person using the Website who has registered on the Website and logged in.
6. Unregistered User – a visitor to the Website who has not registered on the Website and a User who has not logged in to the Website.
§ 1 General Provisions
1. These Terms and Conditions define the principles based on which the Controller provides services by electronic means to Users and Unregistered Users in connection with the functioning of the Website in the Internet, whereby the Controller allows use the content of the Website on the conditions described in these Terms and Conditions, in particular, it allows free presentation of Users' advice, obtaining points as well as adding opinions and comments and points to the advice of other Website Users.
2. Access to the Website is available to all users of the public Internet network, whereas Unregistered Users are not entitled to use the features of the Website reserved to Users.
3. The target group of the Website, due to the products offered by the Controller, are parents, but the Controller does not limit the provision of services to the Users and Unregistered Users who are not parents.
4. Proper use of the Website and the services provided through the Website requires that Users and Unregistered Users: – connect to the public Internet network; – install or use Internet Explorer version 11.x or newer, Mozilla Firefox version 66.x or newer, Google Chrome version 73.x or any newer or other browser with similar parameters or higher; – enable Java scripts and applets and cookies (see the tab: About us / Cookie Policy); – for certain objects to be correctly displayed, it is necessary to use external applications of the Service User – e.g. Adobe Acrobat Reader DC version 2019 or higher.
5. The Website is optimised for viewing at a resolution of 1920x1280.
6. The Controller is not responsible for the technical limitations and obstacles that occur in the equipment, including hardware, used by the User and Unregistered User in order to use the Website, and which prevent or hinder the use of Website by the User or Unregistered User.
7. The Controller declares that as part of using the Website, Users and Unregistered Users are prohibited from providing unlawful content, including the content that is vulgar and insulting to others. By accepting these Terms and Conditions, Users and Unregistered Users declare that they will not violate the above prohibition.
§ 2 Registration on the Website
1. The User registers on the Website voluntarily and free of charge.
2. Registration on the Website is done via the Website using the form provided on the Website by filling in the registration form fields, i.e. e-mail address, password and login.
3. The use of the Website is conditional upon the acceptance of the provisions of the Terms and Conditions made on the Website by "checking" the appropriate box next to the phrase in the registration form.
4. By registering on the Website, the User has the right to express two consents, i.e. to receive via e-mail advertising and commercial information related to the Website's profile, originating from the Controller, and/or to use by the Controller end devices, e.g. telephone used by the User in Controller's direct marketing purposes. The User grants this consent by expressing it on the Website. Expressing consents is made by "checking” the box placed in the registration form with the content indicating the consent to receive the information from the Controller or/and use end devices by the Controller for direct marketing purposes.
5. The User, in order to be able to actively use the Website, is obliged to edit his profile by filling out the form with the following personal data: name, surname, date of birth, address data, telephone number.
6. The User is forbidden from actively using two or more accounts or deliberately setting up subsequent accounts using the data of other family members. The Controller reserves the right to delete such accounts.
§ 3 Personal Data
1. When registering on the Website, the User is aware that the Controller will process his personal data in order to implement the contract for the provision of electronic services consisting in using the online forum located on the website www.canpolbabies.com
2. The User, by agreeing, in the registration form, to participate in Canpol products testing and to participate in competitions organized by the Controller, is aware that the Contorller will process his personal data in order to send him Canpol babies products for testing and receive information about the tested product, and also in order to select the winners of the contest, send prizes and archive the data of the winners of the contests as well as to secure any claims arising from civil law.
3. The basis for the Controller's processing of Users' personal data is Article 6(1)(b) GDPR - in the scope of performance of the contract for the provision of electronic services, Article 6(1)(a) GDPR in terms of consent to test Canpol babies products and participation in competitions organized by the Controller, and Article 6(1)(f) of the GDPR, where the legitimate legal interest is archiving data in order to secure any claims arising from civil law and for archiving purposes specified by special provisions such as the Accounting Act. The basis for the processing can also be Article 9(2)(e) GDPR in situations where the User publishes information about his health or other personal data indicated in Article 9(1) GDPR.
4. Providing data is not mandatory, but necessary to complete the registration process and use the forum's services.
5. The Controller will transfer the User's personal data to other recipients entrusted with the processing of personal data on his behalf, including companies that provide IT services to the Controller. Besides, the Controller may disclose the User's personal data to other recipients, provided that such an obligation results from legal provisions.
6. The User's personal data will not be transferred to third countries and international organizations.
7. The Controller will process the User's personal data for the time of using the online forum until the unsubscribing from this forum and after deregistration for archiving purposes and to secure any claims arising from civil law. In terms of personal data processed on the basis of a consent, the Controller will process the User's personal data until the consent is withdrawn.
8. The User has the right to:
access his/her personal data and receive a copy of the personal data being processed;
have inaccurate personal data rectified;
request the deletion of data (the right to be forgotten) in the event of circumstances provided for in GDPR Article 17;
request restriction of data processing in the cases referred to in GDPR Article 18;
object to data processing in the cases indicated in GDPR Article 21;
data portability, relates to data processed in an automated manner,
The User has the right to lodge a complaint with the supervisory body (UODO, Stawki 2, Warsaw) if he/she believes that his/her personal data is being processed unlawfully by the Controller.
9. Obtaining additional information related to the protection of personal data, as well as the possibility of exercising the rights regarding personal data shall take place by contacting the Data Protection Inspector at the email address: [email protected]. [email protected].
§ 4 General Terms of Use of the Website
1. The Website may be used only in accordance with the applicable law, the provisions of these Terms and Conditions and with the good manners for the use of the Internet (Netiquette). In particular, the User cannot:
a. violate the rights of other Users to use the Website;
b. violate the intellectual property rights of third parties;
c. publish content limited by the rights of third parties, taking into account the provisions of § 5 of the Terms and Conditions
d. distribute illegal material, including content that violates in any way applicable law, calling for racial, ethnic, or religious hatred, containing pornographic content, approving fascism, Nazism, communism, propagating violence, offending religious feelings, violating the rights of others;
e. distribute promotional or advertising materials;
f. use the Website in a manner that may lead to a disruption of its proper operation;
g. generate excessive workload on the Website;
h. add content that is contrary to applicable law, socially inappropriate, including the content that is vulgar, offensive or defamatory against third parties.
2. The Controller, by making the Website available on the Internet does not transfer any rights to Users and Unregistered Users to the Website.
3. All rights to the Website, including graphic and text elements, other than those posted by Users, are reserved and constitute the property of the Controller or other natural or legal persons, unless expressly stated otherwise. The use of the content of the Website does not mean the acquisition by the Users of any rights to works or databases contained in it, not previously posted on the Website by the User. The User is entitled to use these works or databases only to the extent of admissible use specified in the provisions of the Act of 4 February 1994 on Copyright and Related Rights and the Act of 16 April 1993 on Combating Unfair Competition. Copying, modification or transmission of any part of the Website, without the prior written consent of the Controller, is prohibited (with the exception of the elements posted on the Website by the User, i.e. advice, comments), except as expressly permitted by applicable legal provisions.
4. All product names, trade names and other individualising markings presented on the Website, which constitute protected trademarks, are subjected to legal protection under the Act of 30 June 2000 Industrial Property Law and the Act of 16 April 1993 on Combating Unfair Competition.
§ 4 User’s Actions on the Website: Advice, Comments
1. After successful registration on the Website, the User may present their own questions and advice on the Website's forum and comment on articles and posts published on the Website by the Controller and other Users, with regard to the need for applying the provisions of the following paragraphs.
2. Users (10 people) selected by an independent, composed of CANPOL experts jury (5 people) win prizes every month.
3. It is forbidden to sell the received products as activities contrary to the idea of the Website and unfair to other Users.
4. All content posted by the User on the Website forum, i.e. advice, opinions and comments must be in accordance with the provisions of the Terms and Conditions, in particular they may not conflict with applicable law and decency and may not infringe the rights of other persons, in particular copyright and personal rights.
5. The Website Controller has the right to interfere in users' posts.
6. Entries deviating from the topic of the forum section, as well as comments that do not add anything to the topic (e.g. "exactly", "why no one writes", "how are you?") can be deleted by the Website Controller.
7. Users are prohibited from duplicating conversation topics in several forum threads and writing multiple posts one below another, unless 48 hours have elapsed since the previous post. Repeated conversations on the same subject will be removed from the forum by the Website Controller.
8. When the User is pasting the text, which is not his/her (quoting), he/she always shall name the author and shall not interfere with its content.
9. It is unacceptable for Users to place advertising messages on the Website.
10. By posting advice and/or comments on the Website, the User consents to access to advice and/or comments by other Users and Unregistered Users.
11. Posting by the User advice and other content on the Website means granting the Controller a license to use the content by the Controller without any time and territorial restrictions and without payment in the following fields of use: recording and reproduction on the Internet, using printing, reprographic techniques, film, magnetic recording, electronic media, GSM and UMTS techniques, digitization, marketing, introduction to computer memory, public reproduction, exhibition, displaying, broadcasting and rebroadcasting, renting, leasing, broadcasting using wired and/or wireless video and audio and for via satellite in a way that is both widely available and coded, recording on material media, reproduction by any technique, introduction to a multimedia network, including the Internet, distribution in a mobile network, with the provision that the use of content by the Controller on the above fields of use is allowed in connection with the Website's activities, as part of the subject activity, promoting and presenting the Website's content.
12. The right to receive awards related to commenting, referred to in § 5.5 (3), does not apply to the Controller's employee and persons remaining with the Controller in a civil law relationship.
13. Delivery of Prizes. Deliveries of prizes in competitions organized on the CANPOL Website, as well as the delivery of other items, including educational materials, are carried out only in territory of Poland via courier companies or Poczta Polska. Persons residing abroad who have been awarded in the competition and/or ordered materials are required to provide the shipping address in Poland.
§ 5 User’s Liability
1. The User publishes his/her content on the Website at his/her own risk and is obliged to comply with applicable law and the provisions of these Terms and Conditions, in particular the provisions of § 3 - § 4 of the Terms and Conditions.
2. In special cases, the Controller reserves the right to irretrievably delete the content (advice, comments) posted by the User without prior notice and without giving a reason, in particular if there are any doubts as to whether the sources are legal and the content is lawful, as well as in the event of violation of the provisions of § 4 - § 5 of the Terms and Conditions.
§ 6 Controller’s Liability
1. The Controller is not responsible for the content posted by the User on the Website. The Website User is solely responsible for his/her activities on the Website.
2. The Controller does not guarantee the possibility to connect to and reserves the right to suspend access to the Website for technical reasons.
3. The Controller will not be liable for any damage caused as a result of circumstances beyond the acts and omissions of the Controller.
4. The Controller is entitled to change the features of the Website at any time.
§ 7 Complaints
1. Complaints regarding the operation of the Website may be submitted by Users, including Unregistered Users, in writing by registered mail to the address of the registered office of the Controller with the annotation “serwis.canpolbabies.pl”.
2. A complaint should contain the data of the complainant enabling the response to the complaint and a brief description of the subject matter.
3. The User will be notified of the outcome of the complaint within 14 days from the date of filing the complaint, to the address indicated by the User in the complaint application.
§ 9 Final Provisions These Terms and Conditions apply from 30.10.2019 until revoked or changed by the Controller.