REGULATIONS FOR THE PROVISION OF SERVICES BY ELECTRONIC MEANS AT SMAY SP. Z O.O.
- Definitions of the terms used in the Regulations
- Act – the Act of 18 July, 2002 on Providing Services by Electronic Means (Dz. U. [Journal of Laws] 2002, No. 144, item 1204),
- ICT system – a group of cooperating IT devices and software which process, store, send and receive data via telecommunications networks by means of a terminal appropriate for the given type of network, within the meaning of the Telecommunications Law,
- Services provided by electronic means – services whose provision requires sending and receiving data by means of ICT systems, on request of the User, under simultaneous absence of the parties, the data being transmitted by means of public networks, within the meaning of the Telecommunications Law,
- Means of electronic communication – technical solutions, including ICT devices and cooperating software tools, which allow individual remote communication by means of data transmission between ICT systems, especially through electronic mail,
- Service Provider – SMAY Sp. z o.o.
- User – recipient of the services rendered by the Service Provider, who is a party to a service agreement, and a natural person, an legal entity or organisational unit without legal personality, and who undertakes to abide by these Regulations. The above definition also applies to an entity that orders rendering of specific services provided by electronic means in line with the rules determined below.
- Technical specification – a set of information on the Service Provider’s ICT system and the technical requirements necessary for cooperation with that system.
- By agreeing to comply with these Regulations, upon initiating the service by means of a website or placing an order by electronic mail, the User fully accepts the terms without the need to draw up a separate agreement.
Types and Range of Services Provided by Electronic Means
- The Service Provider shall render services provided by electronic means, in particular:
- Business-to-Business website, accessible via https://b2b.smay.eu, available only to registered customers of SMAY Sp. z o.o.
Terms and Conditions of Providing Services by Electronic Means.
- The Service Provider shall provide services for the User within the scope and in line with the terms and conditions specified in these Regulations.
- The User undertakes to comply with these Regulations.
- The Service Provider shall comply with the prohibition on the abuse of the means of electronic communication and shall not send the following content via or to the Service Provider’s ICT systems:
- Content that destabilises or overloads ICT systems of the Service Provider or other entities directly or indirectly involved in rendering services by electronic means,
- Content that violates personal rights of third parties or commonly accepted social norms, as well as content that is in conflict with applicable laws.
- The Service Provider shall reserve the right to conduct maintenance works on the ICT system, which may cause obstructions or prevent Users from using the services. The dates and estimated times of these works shall be published on b2b.smay.eu prior to the commencement of these works.
- In special circumstances where the safety or stability of the ICT system can be compromised, the Service Provider has the right to temporarily cease to render or limit the services without prior notice and to conduct maintenance works aimed at restoring the safety and stability of the ICT system.
- The Service Provider shall guarantee communication confidentiality, hereinafter referred to as “telecommunications confidentiality”, which applies to information provided on the Internet, the data concerning and entered by Users within the Service Provider’s ICT system, only in cases where such information covered by telecommunications confidentiality is non-public by default or its disclosure is not necessary to properly render the service to which it pertains. The information covered by telecommunications confidentiality may be disclosed only in cases laid down in the agreement or determined by the law.
- The information covered by telecommunications confidentiality may only be processed by the Service Provider if such processing is the subject of the service provided to Users, if it is necessary to properly render the service, or if it is crucial to ensure proper supervision of the operation of the Service Provider’s ICT system.
- The information on the change of the manner and range of the services provided by the Service Provider and the information which is required to be disclosed to the User according to Art. 6 of the Act on Providing Services by Electronic Means shall be made available by the Service Provided on http://b2b.smay.eu
- Detailed technical specifications required for cooperation with the Service Provider’s ICT system are listed in Annex 1.
- The administrator of your personal data is SMAY Sp. z o.o. being part of the group (in which the co-administrators are PHP Smay Marek Maj, Smay Serwis Michał Maj), with its registered office at 31-587 Cracow, Ciepłownicza St 29.
- SMAY Group processes personal data in accordance with the requirements of the law, i.e. with 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, as well as national data protection laws.
- The disclosure of personal data is voluntary, however it is necessary for the processing of electronically placed orders, which is done in order to:
- comply with the law,
- execute the agreement.
- The legal basis for the processing of personal data in cases referred to in paragraph 3 point 1) is statutory authorisation to process data necessary to ensure lawful acts, and the legal basis for the processing of personal data in the case referred to in paragraph 3 point 2) is contractual authorisation to process personal data if such processing is necessary for lawfully justified purposes sought by the administrator or recipients of the data, as well as User consent expressed in Section 5 of these Regulations.
- The personal data collected by the Service Provider may also be disclosed to:
- relevant state authorities on their demand based on applicable legislation,
- other persons and entities – in cases provided in the applicable provisions of law.
- The processing of personal data of Users, as well as personal data entered by Users may concern:
- E-mail addresses,
- Names and surnames,
- Telephone numbers.
- The Service Provider guarantees the provision of appropriate technical and organisational measures to protect personal data disclosed by users, in particular measures preventing access to personal information by third parties or preventing unlawful processing of personal data, and preventing loss, damage or destruction of data.
- The Users have the right to: Receive information on processing operations, receive copies of personal data, transfer personal data, remove personal data, limit the processing of personal data, correct or supplement data, reject the processing of data, withdraw consent to the processing of data, request to not be profiled.
- Paragraph 8 may be implemented upon contacting the Inspector for Personal Data Protection by sending an e-mail to firstname.lastname@example.org.
- Should the User cease to use the services provided by the Service Provider as a result of termination or refusal to accept changes to the Regulations, the personal data of the User may be processed within the following scope:
- pursuing liability connected to violation of the provisions of law or the Regulations by the user,
- verifying whether the user accessed the services lawfully or in line with the Regulations.
Consent to Personal Data Processing
- The personal data of the User is entered to the system based on user consent included in Smay b2b application form, which constitutes Annex 2.
- Personal data shall be processed according to the principles outlined in Section 4 of the Regulations.
Terms of Concluding and Terminating Agreements
- The Service Provider shall commence service provision within 5 business days from receiving a properly completed Smay b2b application form, which constitutes Annex 2.
- The Service Provider shall cease to provide services for an account registered in Smay b2b system within 5 days from receiving written resignation.
- The Service Provider reserves the right to disable an account and cease to provide services in Smay b2b system without stating any reason.
Transitional and Final Provisions
- Any matters not regulated by these Regulations shall be governed by the provisions of the Civil Code (Dz. U. [Journal of Laws] 1964, No. 16, item 93 as amended), the Act on Providing Services by Electronic Means (Dz. U. [Journal of Laws] 2002, No. 144, item 1204 as amended), and other provisions of law.
- Any disputes arising hereunder shall be resolved by the common court having jurisdiction over the registered office of the Service Provider.