PSMM website rules and regulations
These Regulations set out the rules for the use of the websites operated under the domains pnb.pl and psmm.pl by PSMM Sp. z o.o., with its registered office in Poznań, District Court Poznań – Nowe Miasto and Wilda in Poznań, VIII Commercial Department of the National Court Register, KRS 0000123532, NIP 779-00-16-297, Regon 008380479, hereinafter referred to as Service Provider or PSMM, and the rules for the use of services provided electronically on the website operated under the domains pnb.pl and psmm.pl.
I. Definitions
IP address means a unique number assigned to an IP-based network interface, assigned by the Internet provider.
Order execution time – the time specified by PSMM to make available the service ordered by the User.
Business days all days of the week from Monday to Friday, excluding public holidays.
Form means a web form used by the Service Provider, allowing the User to provide PSMM Sp. z o.o. with data (including personal data as defined in the Personal Data Protection Act of August 29, 1997) necessary for the use of the Services and billing.
ID means an individual identifier assigned by the Service Provider to the User during the registration process.
Newsletter means an electronic letter sent by PSMM, with the consent of the User, to the electronic mail address provided in the form, bearing visual elements of PSMM, unambiguously indicating the sender of the letter.
Package means a set of goods and entitlements to use paid Services, purchased together.
Electronic transfer a payment made by the User from an online bank account, through an online payment system.
Terms and Conditions means these Rules and Regulations, which constitute rules and regulations for the provision of services by electronic means within the meaning of Article 8, paragraph 1, item. 1 of the Act, dated July 18, 2002, on the provision of services by electronic means (consolidated text Dz. U. of 2019, item 123).
RODO Regulation of the European Parliament and of the Council of the EU of April 27, 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC.
Product Page means the sub-pages on the pnb.pl and psmm.pl portals that present information about the goods (services) offered in the Store.
Services means services provided electronically by the Service Provider as part of the operation of the pnb.pl Portal. Services provided by the Service Provider within the operation of the pnb.pl Portal and psmm.pl are, in particular: paid newsletters and media reports.
II. Registration
(1) In order to start using the Services, as well as to perform the transaction of purchase of goods or services for a fee, the User must complete the registration process which is carried out by completing and submitting the Form provided by the Service Provider and accepting the provisions of the Regulations.
(2) At the moment of acceptance of the provisions of the Regulations, the User becomes a party to the contract for provision of services by electronic means concluded between the User and the Service Provider.
(3) Acceptance of the provisions of the Regulations constitutes a statement of the User’s will to be bound by the provisions of the Regulations and the rules of use of the Services as obligations within the scope of the contract for use of the Services.
(4) The User declares that all data he has included in the Form are entirely true, current and complete and that they constitute his actual personal data
5. the rules for the processing of personal data contained in the Form are set forth in Section. XII.
III. Rules of availability and use of Materials
The User’s use of the Materials provided as part of the newsletter or report for the purpose of reading their content, as well as within the scope of permitted personal use, does not entitle the User in particular to:
– copy, reproduce and distribute the Materials, including posting them on other websites or otherwise distributing them in whole or in part,
– to multiply the Materials on carriers, as well as to distribute and market the copies created in this way,
– distribution of elaborations of the Materials regardless of the reasons or purpose of such distribution, as well as making and distributing their alterations, modifications, abridgements or synchronization with other works.
IV. Newsletter subscription rules
1) The User may order Services in the form of receiving Newsletters by submitting a declaration electronically in the manner indicated on pnb.pl or psmm.pl.
(2) The Service Provider shall send the User correspondence related to the provision of the Newsletter to the e-mail address indicated by the User in the Form.
(3) Use of the Newsletter service is subject to the User having an active and correctly configured e-mail account.
(4) Each Newsletter will contain information about the sender, a completed subject field in the electronic letter, and information on how to opt-out of the Service or change its parameters.
5. in the event of a change in the parameters relating to the data contained in the Form, the User agrees to update the data immediately.
(6) The User shall have the right to unsubscribe from the Newsletters at any time.
(7) The Newsletter subscription service is paid.
8. the execution of the contract in the part relating to the completion of the order, execution of payment and commencement of the service shall follow the rules applicable to the use of the Store.
V. Rules of using paid services on pnb.pl and psmm.pl.
(1) The Service Provider shall sell Services via the Internet. Information on the Services is posted by the Service Provider on pnb.pl and psmm.pl.
(2) The User places an order using the “order and pay” function provided by the Service Provider.
3. confirmation of the order from the Service Provider shall be made by an electronic letter sent to the electronic mail address indicated by the User in the Form.
(4) By placing an order, the User enters into a contract of sale of the ordered goods or services with the Service Provider.
(5) As part of the order, the User shall:
– selection of the ordered Services,
– designation of the User’s e-mail address for goods and services made available online,
– marking the data for which the invoice is to be issued,
– selection of one of the forms of payment offered by the Service Provider
(6) A VAT invoice shall be issued for each order.
7. the Service Provider shall not be liable for the consequences of blocking by mail server administrators of sending messages to the e-mail address indicated by the User, as well as deleting and blocking electronic letters by software installed in the computer used by the User.
(8) By placing an order and accepting the rules of the Regulations, the User thereby confirms his/her acceptance of the rules of presentation of the Services offered by PSMM.
VI. Changes in orders
(1) Changes to an order may be made by the User until payment for the ordered Service is made.
(2) Changes to orders may be made by contacting Customer Service via e-mail to the address indicated each time by PSMM as appropriate for the User to perform the above actions.
(3) Modifications to orders transmitted via e-mail concerning changes of: the User’s address, or cancellation of the order will be accepted for processing only if the instruction is transmitted from the e-mail address registered in the Form.
VII. Prices
(1) The prices on the Store’s website provided by the newsletters or reports include information about VAT and any fees are presented in euros and Polish zloty.
(2) The final price and being an element of the sales contract is the price given in the shopping cart, at the time of placing an order by the User and choosing a form of payment.
(3) The Service Provider reserves the right to make ongoing changes in the prices of the Services to carry out promotional campaigns and make changes to them or cancel them.
(4) The above entitlement does not affect the content of contracts concluded before the effective date of price changes, terms of promotional campaigns or sales.
(5) Promotions are subject to combination, only in the event that the rules of the promotion, provides for such a possibility.
(6) Updating the price list does not constitute either an amendment to the Terms and Conditions or an amendment to the contract binding the User with the Service Provider.
(7) Revised prices are binding for the User in case of concluding a subsequent agreement.
VIII. Payment and order processing
(1) When concluding a purchase agreement, the User may choose the following forms of payment for the ordered services or goods with online payment delivery via electronic transfer.
(2) The execution of the order begins after the Service Provider receives confirmation of the correct execution of the operation from the payment operator.
(3) In the event that the Service is to be delivered outside of Poland, the execution of the order will begin, after the Service Provider receives confirmation of the correct execution of the payment by the payment operator.
(4) The Service Provider may grant discount codes. The User may use the discount code that he received from the Service Provider.
(5) The discount code used by the User may also be purchased by entities other than the User who have authorized the User to use the codes.
(6) Discount codes are granted for the validity period specified when they are granted. Entitlements arising from the acquisition of a discount code may not be combined with other discount codes or promotions, subject to different provisions of the rules of a specific promotion.
(7) The Service Provider will refund the payment using the same means of payment that were used by the User in the original transaction, unless the User has expressly agreed to a different solution; in any case, the User will not incur any fees in connection with this refund.
(8) In the case of payment by payment card, the refund will be made directly to the card used by the User to make the payment.
(9) Order processing time is calculated in working days from the date of posting of payment on the Service Provider’s account, excludes public holidays, and is 2 days from posting of payment.
IX. General conditions for making complaints
(1) Complaints concerning non-delivery of a particular issue of newsletters should be reported no later than 3 days after the date on which the newsletter should have been delivered.
(2) Complaints regarding quality defects should be reported as soon as they are discovered, no later than 3 days from the date of delivery.
(3) Complaints about problems with media reports in the store – with the download or the completeness of the file should be reported immediately after their discovery, no later than 3 days from the date of purchase.
(4) The Service Provider shall, within 7 working days, respond to the User’s written complaint reported to the Service Provider’s address and notify the User of the further course of action.
(5) In the case of a justified complaint, the Service Provider will complete the deficiencies and make corrections in the ordered newsletters or report files within a maximum of 7 days from the recognition of the complaint.
X. Subscription fulfillment rules
1) Electronic subscriptions to newsletters are acquired with the purchase of a subscription package provided by PSMM and available on pnb.pl or psmm.pl.
(2) Electronic subscription to newsletters requires indication of a named e-mail address of the individual (employee, co-worker) using the Subscription Package.
(3) PSMM reserves the right to refuse to conclude an agreement the subject of which is electronic subscription of newsletters in case of failure to comply with the requirement referred to in the preceding paragraph.
(4) After payment for the purchase of a subscription, PSMM will make available to the User the possibility to use the subscription up to two working days after the payment is credited.
(5) Complaints regarding the implementation of electronic newsletter subscriptions should be submitted in accordance with the rules adopted for complaints set forth in the Regulations.
(6) Complaints will be considered within 7 days of receipt of the complaint.
(7) The purchase price of the Package including subscription may not be changed during the active subscription.
(8) The user purchasing a subscription may use the payment option offered by PSMM in the formula of recurring payments.
(9) If the User chooses the cyclic payment formula, the User shall be required to agree to charge the price for subsequent subscription periods in the amount specified in the order placed.
(10) Details of the order shall be transmitted by PSMM to the e-mail address indicated by the User during the subscription ordering process (order summary).
(11) The electronic subscription shall be renewed for the next – the same period – if the User does not submit a written cancellation within 3 working days before the end of the previous subscription period.
(12) Payments for subsequent subscription periods are made by charging the price from the payment card no earlier than 48 h before and no later than 24 h before the start of the next subscription period.
(13) The user may cancel the cyclic payments at any time by notifying PSMM to this effect at the address indicated in the order summary, with the proviso that cancellation of the subscription and thus of the cyclic payments shall take effect at the beginning of the next subscription period.
(14) The funds collected on the basis of the existing consent, in accordance with the provisions of this section, shall not be refunded.
XI. Rules of making reports available for a fee through permanent electronic file downloading
1. the User may place orders and acquire the right to download electronic files with media reports available on pnb.pl and psmm.pl for a fee.
2. the User will receive a message from PSMM to the e-mail address provided in the Form , which will contain confirmation of receipt of payment and instructions on how to download the file.
(3) The User has the right to resign from the order – withdraw from the contract to acquire the right to download the file – until the file is downloaded.
(4) In the case of, cancellation of the order after payment by the User, and before downloading the file, the Service Provider will refund the funds paid to the bank account from which the payment was made.
(5) Due to the nature of the products sold, the User is not allowed to withdraw from the contract after the User has downloaded the file.
(6) In order to exercise the acquired right to permanently download the file, the User shall use the “Download” function available through the icon located next to the product.
(7) After using it, the downloadable file in PDF format will be made available.
8. the User must have Adobe software to download the prepared file.
9. by acquiring the right to permanently download an electronic file, the User acquires only the right to use the file and its contents for his/her own personal use.
(10) The User may not share the aforementioned files with other persons.
(11) In particular, the User is not entitled to:
– reproduce or market the downloaded electronic files in whole or in any part,
– to make changes to the files and their content,
– commercial exploitation of downloaded files in any form and in any fields of exploitation,
– making copies of files for the purpose of making them available on the Internet.
(12) The user may file a complaint regarding the acquisition of the right to download an electronic file if the file appears to be damaged or does not run for other reasons.
XII. Personal data
(1) The administrator of personal data is the Service Provider.
(2) Full details of the personal data administrator: PSMM Sp. z o.o, District Court Poznań – Nowe Miasto and Wilda in Poznań, VIII Economic Department of the National Court Register, KRS 0000123532, NIP 779-00-16-297, Regon 008380479.
(3) The Service Provider has appointed a Data Protection Officer, who can be contacted at e-mail address: iod@psmm.pl and mailing address: 14 Marcelinska Street, 60-801 Poznan.
(4) The Service Provider as a data controller guarantees the protection of personal data and the processing of personal data in accordance with RODO.
(5) Users’ personal data are processed on the basis of Article 6(1)(b) RODO for the purposes related to enabling the use of services provided electronically by the Service Provider and their proper execution, in particular for the purpose of concluding and executing the contract for the provision of a given Service, the execution of orders, billing, processing of complaints in case of their submission, as well as for archiving purposes, contact or possible claim.
(6) Personal data may also be processed for purposes arising from the legitimate interests of the Service Provider, i.e. on the basis of Article 6(1)(f) RODO, marketing of its own products and services.
(7) The basis for the processing of personal data may be the consent granted (on the basis of Article 6(1)(a) RODO) – in case it is granted.
(8) Personal data obtained as a result of granting consent shall be processed for the purposes arising from the content of the consent (e.g. for the purpose of directing marketing content in electronic form).
9. the consent granted may be withdrawn by the User at any time. Discontinuation of the User’s use of the Services does not result in automatic invalidation of the granted consents.
10. personal data may be processed by automated means, including profiling. The consequence of profiling will be the assignment of a profile to the User, in order to analyze or predict the User’s preferences, behaviors, attitudes and adapt the information provided as a result of the use of the Service to the Users’ needs.
(11) Provision of personal data is voluntary, but necessary for the performance of the Service.
(12) Actions taken by the User, which will result in deprivation of the Service Provider’s right to process the User’s personal data, may affect the Service Provider’s inability to perform the Services.
(13) Personal data may be disclosed to employees or associates of the Service Provider, as well as to entities providing support on the basis of outsourced services and in accordance with concluded contracts for entrustment of personal data processing.
(14) Personal data processed for purposes related to the use of the Services shall be processed for the period of use of the Services, and after termination of the Services until the statute of limitations for any claims.
(15) For tax and accounting purposes, personal data shall be processed for a period of 5 years from the date of provision of the Service Provider justifying tax and accounting settlements.
(16) You have the right to access the content of your personal data and the right to rectify, delete, limit processing, the right to data portability, the right to object, and in the case of processing personal data on the basis of consent, the right to withdraw consent at any time, without affecting the legality of the processing to date.
(17) If it is determined that the processing of personal data violates the provisions of the RODO, the data subject has the right to lodge a complaint with the President of the Office for Personal Data Protection.
