TERMS AND CONDITIONS OF THE WEBSITE VIRALSTAT.COM
I. General provisions
III. Type and scope of the electronic services
IV. The conditions of provision and conclusion of the electronic service agreements
V. The conditions of termination of the electronic service agreements
VI. The complaint procedure
VII. Intellectual property
IX. Final provisions
I. GENERAL PROVISIONS
- Viralstat.com website is run by VIRALSEED SP. Z O.O. [VIRALSEED LIMITED LIABILITY COMPANY] entered in the Register of Entrepreneurs kept by the Regional Court for Wroclaw Fabryczna in Wroclaw, VI Commercial Department of the National Court Register under the National Court Register (NCR) number 0000431347, Tax Identification Number (VAT ID): PL8971784557, Business Registry Number (COMPANY ID): 021958221, with the share capital of PLN 52,250.00 paid in total, the address of the headquarters and the correspondence address: ul. Plac Solny 14/3, 50-062 Wroclaw, Poland, e-mail address: [email protected]. ViralStat.com website is run based on the provisions set out in these Terms and Conditions.
- These Terms and Conditions specify the types and scope of the services rendered electronically via SaaS service on the ViralStat.com website, the rules of these services, the conditions of conclusion and termination of the service agreements and the complaint procedure.
- Once the steps are taken for using the ViralStat.com website, each Customer is obliged to follow the Terms and Conditions.
- In matters not covered by these Terms and Conditions, the following provisions shall apply: the Civil Code; Act of 30th May 2014on Consumer’ Rights (Journal of Laws 2014, Item 827); Electronic Service Act of 18 July 2002 (Journal of Laws No 144, Item 1204 as amended); Act of 4 February 1994 on copyright and related rights (Journal of Laws no 24, Item 83 as amended) and the other respective provisions of the Polish law.
- REGISTRATION FORM– a form available on the web page for setting up an account. Registration Form enables creation of an individual Account of a specific Customer
- CONSUMER – a natural person who takes with an entrepreneur the legal actions unrelated directly with his/her economic or professional activity.
- ACCOUNT (PROFILE) – labelled with an individual name (login) and confidential password of the Customer, a set of resources in the ICT system in which the Customer’s data are gathered. The requisite for setting up an account on this Website is registration and acceptance of the Terms and Conditions. The User is responsible for the confidentiality of his/her password.
- LICENSE – a license agreement in the understanding of the chapter 5 of the Act on copyright and related rights of 4 February 1994.(Journal of Laws No 24, Item 83).
- NEWSLETTER – Electronic Service for the Customer to subscribe and receive free information about the Website from the Service Provider to the address given by the Customer
- SUBSCRIPTION TERM – the term limit paid for a service within which the service shall be rendered by the Service Provider; counted by days – the period of the next 30 days, or by months – the period of the next 12 months unless the parties agreed otherwise on account of the specification of a service. Provided that the service has been paid in an amount higher than the one for one Subscription Term, the payment shall be understood as issued for more than one Subscription Term unless the Consumer demands refund of the excess payments. The day on which the Subscription Term starts shall be the next day following the end of the last Subscription Term.
- SOFTWARE – an application supplied by the Operator which can be used with SaaS model over the Website.
- ENTREPRENEUR – a natural person, legal person or organizational unit defined under Article 33(1) of the Civil Code (the organizational unit which is not a legal person) running an economic or professional activity on his/her own behalf).
- TERMS AND CONDITIONS – the Terms and Conditions hereby.
- SAAS – (“Software as a Service”) the service of making the Software available remotely over the Internet. It makes it possible to interact with the application via a web browser interface.
- WEBSITE – the Service Provider’s com website which is to provide the Consumers with the access to the platform resources, particularly, for configuration of the Software that requires the SaaS model in order to use this type of e-service rendered by the Operator.
- SERVICE PROVIDER, OPERATOR – VIRALSEED SP. Z O.O. (LLC) with the National Registry Number (NCR): 0000431347, Tax Identification Number (VAT ID): PL8971784557, Business Registry Number (COMPANY ID): 021958221, ul. Minska 38/200, 54-610 Wroclaw, Poland.
- CUSTOMER, USER -a natural person, legal person or organizational unit without legal personality which is granted the legal capacity under the Act, using the Electronic Service.
- ELECTRONIC SERVICE – the service rendered via Internet by the Service Provider on the benefit of the Consumer over the Website.
III. TYPE AND SCOPE OF THE ELECTRONIC SERVICE
- The Service Provider offers on the website the following Electronic Service:
a) administrating an Account on the Website in accordance with the packet selected,
b) using the Software for
- import, export and data entry,
- gathering, storing and managing the data, including creating files and lists,
- keeping statistics,
- analyzing profiles and videos in the social media, such as Facebook, YouTube and Instagram, which have been placed on the Account, and the Users’ activities on those profiles and videos, particularly the contents,
- preparing reports, lists and analyses based on the data available on the Website,
- displaying graphs and tables related to the analyses kept by the Service Provider,
- tracking the processes related to the promotion of the contents posed by the Users in the social network,
- adding new users and setting up accounts for them,
- reviewing comments or ratings of the profiles and videos posed in the social network;
- informing about the statistics up-dates.
c) Using the Newsletter
2. Rendering Service to the Customers over the Website takes place under the Terms and Conditions. Rankings, statistics of analyses and other data exploited by the Website are generated based on the data received from the social network that make them available in a specific form. The Service Provider shall not make any modifications of them.
3. Service Provider is not anyhow associated with the service providers of the social networks making the data of Users’ accounts and profile activities available, such as Facebook, YouTube and Instagram, etc.
4. Service Provider may post advertising contents on the Website. These contents are an integral part of the Website and of the materials presented on it.
IV. THE CONDITIONS OF PROVISION AND CONCLUSION OF THE ELECTRONIC SERVICE AGREEMENTS
- Payment for rendering the Electronic Service, defined in chapter III point 1 of the Terms and Conditions by the Service Provider, depends on the packet selected. Customer shall be obliged to set up an account in the system of electronic payment PayPal also in the case of the free trial period.
- Subscription fee should be paid in accordance with the Website’s price list. Service Provider shall start rendering Service once the payment is made (by PayPal or by Customer’s card) by the Customer based on the rules set out in the Terms and Conditions. The day of payment shall be the day of recognition on Operator’s bank account. The User can change the type of Subscription Plan to more or less graded (“upgrade” or “downgrade”) or completely cancel the payable subscription, which will cause a change in the functionality of his/her Account into the one valid for free plan. The type of packet changes on the next day after expiration of the last term period of service.
- Free plan is not chargeable.
- Fees, pursuant to point 2 of this chapter, shall be paid by electronic payment systems (PayPal) immediately, not later than 7 days from the day of ordering the Subscription Plan.
- In the case of payment through the electronic payment systems or the Customer shall pay before the service is put into effect.
- The operator of payment is PayPal (Europe) S.à r.l. et Cie
- Customers has 14-day-long trial period that starts on the day of selecting subscription plan during which they shall not bear any costs, as set out in this chapter. When the trial period expires the Customer can extend the service covered by a given Subscription Fee and so oblige himself to pay for that plan from the day of extending the service, according to the price list and point 1 to 5 of this chapter. Payments shall be collected automatically by PayPal from the User’s account which was given for such settlements. In the case of non-payment (e.g. lack of financial resources) the account is adjusted for the free plan.
- The Electronic Service agreement, set out in chapter III point 1 b) is recognized as concluded by (altogether):
- registration according to the guidelines provided on the Website,
- acceptance of the Terms and Conditions along with any appendices (if attached), after the content is read,
- full payment for the Subscription Plan in the case of the payable one,
- When registration is made, the first fee for the Subscription Plan is charged for the period starting from the day of concluding the agreement.
- If the Account Administrator deactivates the User, the Administrator shall pay for the User full fee for the Subscription Plan for which the deactivation has been made. Payment shall not be charged from the moment of initiating the next Subscription Plan following deactivation of the User.
- An invoice for the service will be issued to Entrepreneur electronically in accordance with the provisions of VAT applying in Poland and the European Union, and delivered via e-mail to the e-mail address given at registration.
- Customer shall pay for the Service under the conditions set out in these Terms and Conditions and the price list provided on the Website.
- The amount for the Subscription Fee does not depend anyhow on the level of use of the Software by the User.
- Service Provider reserves the right to send electronically to the address given at registration of Account the messages reminding of the payment term.
- In the case of the Customer who is not the Consumer, lack of payment on the Service Provider’s bank account for the service shall result in blocking the access to the Account and the service, and all the data entered by the Customer can be removed from the Website.
- Service Provider reserves the right to block the User’s access to the Website during the trial period if
- It is justifiably doubtful that the User activated the Account once again after its prior removal due to expiration of the trial period,
- It is proved that the User used the Account and Service breaching the provisions of the Terms and Conditions.
- Once the Subscription Fee is issued, the Service Provider grants the User payable, non-exclusive license to use the Software only for the purposes related to the Customer’s activity and in accordance with the purpose of the Software.
- The License shall be granted for the Subscription Period paid by the User and the period shall be extended once the fee is paid for the next Subscription Period.
- The User is not entitled to reverse engineering, dissemble and recompile the Software for himself or with the part of the third parties.
- The User undertakes not to use a software that may disrupt the operation of the Software provided by the Website.
- Electronic Service agreement which consists in running an Account on the Website is concluded for an indefinite term.
- Electronic Service agreement which consists in using the Newsletter on the Website is concluded for an indefinite term.
- The User takes full responsibility for modifications in the functionality of the Software entered by him.
- Technical requirements necessary to cooperate with the ICT which the Service Provider uses are as follows:
- computer (or mobile device) with the Internet access,
- access to e-mail,
- Internet browser,
- The Customer is obliged to use the Website according to the law and good practice with respect for the personal goods and the intellectual property rights of the third parties.
- The Customer is obliged to enter the data in accordance with the facts.
- The Customer may not deliver any illegal contents.
- The Customer is obliged not to perform the below mentioned activities, using the Operator’s resources, such as
- unauthorized breaking into the other computer systems (hacking);
- hampering the other computer systems operation by sending/forwarding the stream of data and/or emails (SPAM);
- searching for open ports on computer systems (port scanning);
- sending mails to the third parties for advertising purposes unless the addressee did not give consent to send them;
- falsifying IP addresses, headings of e-mails and news, as well as spreading viruses
V. THE CONDITIONS OF TERMINATION OF THE ELECTRONIC SERVICE AGREEMENTS
- Terminating the Electronic Service Agreement:
- The Electronic Service Agreement made for a continual and indefinite term (e.g. running an Account) may be terminated.
- The Customer who is not the Consumer may terminate the agreement with an immediate effect and without providing a reason by sending an appropriate notice via e-mail to the following address: [email protected].
- The Customer who is the Entrepreneur may terminate the agreement without providing a reason by sending an appropriate notice via e-mail to the following address: [email protected].The agreement, in this case, expires after 7 days from submitting the termination notice (the notice period).
- The Service Provider may terminate the Electronic Service Agreement made for a continuous and indefinite term in case the Customer breaches the Terms and Conditions, in particular, by providing any illegal contents after the Customer was ineffectively noticed to stop the breaches within a given term. The agreement, in this case, expires after 7 days from submitting the termination notice (the notice period).
- Termination results in termination of the legal relations with effect for the future.
- The Service Provider and Customer may terminate the Electronic Service Agreement at any time by mutual agreement of the Parties.
VI. THE COMPLAINT PROCEDURE
The complaints related to provision of Electronic Service by the Service Provider:
- The complaints related to provision of Electronic Service over the Website may be submitted by the Customer via e-mail to the following address: [email protected]. The mail should contain as much information related to the subject of the complaint as possible, in particular, the type and date when the irregularities occurred, and the contact details. The information given will considerably facilitate and accelerate the process of examining the complaint by the Service Provider.
- The Service Provider examines the complaint immediately, not later than within 14 days.
- The Service Provider sends a reply concerning the complaint to the address given by the Customer in the complaint notice or in any other method given by the Customer.
VII. INTELECTUAL PROPERTY
- Contents posed on ViralStat.com website, including the name of the Website, its functionality, graphic design, logotypes, graphics elements, arrangement and composition of the elements (i.e. “layout”), trademarks, Software and data base uses copyrights (excluding the contents placed by the Customers, contents from third-party social networking services (such as Facebook, Instagram, Google, or YouTube) and the elements used under the license terms, transferring the copyrights or allowed exploitation) constitute the property of VIRALSEED SP. Z O.O. [LLC] with the National Court Register No: 0000431347, Tax Identification Number (VAT ID): PL8971784557, Business Registry Number (COMPANY ID): 021958221, ul. Minska 38/200, 54-610 Wroclaw, Poland. The Customer hold full responsibility for the damage caused to the Service Provider as a result of the use of any contents of ViralStat.com website without the Service Provider’s consent.
- Any exploitation by anyone, without a clear consent of the Service Provider, of any elements of the content of ViralStat.com website constitutes a breach of the copyrights of the Service Provider and results in the civil and criminal liability.
- By sending files and other digital contents to the Website, The Customer confirms his right to possessing them and shall remain exclusively liable for breaching the property and the related rights, personal data and personal good of the third parties, and in the case of any claims or demands concerning the Website made by anyone, the Customer undertakes to exempt the Website and the Service Provider from any liability related to infringement and full satisfying the claims of the third parties to this extent.
- The Service Provider takes all measures available in order to protect the data of Users.
- The Service Provider put all the efforts so the data on the Website are complete and up-to-date, and presented with due care, with consideration for factual and legal circumstances within the limits of the law and with full respect for the Consumer rights.
- The Users take full responsibility for breaking the law or any damage resulting from their activities on the Website, in particular, such as giving untrue information, disclosing confidential information or other secrets under the protection law, infringement of personal goods or copyrights and the related rights, and processing the personal data of the Users contrary to the purposes of the Website or the provisions of the Act on personal data protection.
- The Service Provider undertakes to inform the Users in advance, as much as possible, about possible disruptions in the function of the Website, in particular, about the interruptions in the access.
- The Service Provider is not liable toward the Customers who are not the Consumers:
a) for any damages and losses, directly or indirectly (including the damages such as loss of profit on business activity, interruption in the business or loss of commercial information and other property damages) caused by use, impossibility of use or malfunction of the Website software, damages resulting from turning off or malfunction of the ICT system, malfunction of the power network,
b) in relation with improper use of the Website by the Customer who is not the Consumer and improper function of the computer hardware, software or communication system which the Customer uses to communicate with the Website system,
c) for any damages resulting from any errors, malfunctions and interruptions in the function of the Website or caused by improper recording or reading of the data collected by the Customers.
d) for any disruptions in the proper function of the Website, and for loss of data of the Customers who are not the Consumers caused by Force Majeure or the third parties.
e) for the actions of the third parties such as inconsistent with the law in force or the Terms and Conditions use of the data and materials posted on the Website,
f) for the impossibility of logging up in the Website system caused by, especially: the quality of communication, malfunction of the ICT system or power network, incorrect configuration of the software of the Customers who are not the Consumers.
g) for the effects of losing the password.
IX. FINAL PROVISIONS
- Agreements concluded over the Website are concluded in accordance with the Polish law.
- Changes to the Terms and Conditions made by the Service Provider are binding for the Customer provided that the Customer has been informed of the changes and has not terminated the service agreement by mail within 14 days from the date of notifying the Customer of the changes over the Website.
- The Service Provider shall inform the Customer of any changes by sending notice to the contact e-mail and as a message on the Website.
- In case of incompatibilities in any part of the Terms and Conditions with the law in force, as regards the questioned provision of the Terms and Conditions, the Polish law shall apply.
- Any disputes between the Service Provider and the Customer shall be resolved first through negotiations, with the intention of amicable resolution of the dispute. If it is not possible, though, or unsatisfactory for any of the parties, disputes shall be resolved by the competent common court, in accordance with the provisions of the Civil Code of 17 November 1964. (Journal of Laws No 43, Item296 as amended.)
- Customer who is the Consumer has also the right to use the out-of-court methods of settling disputes, in particular, by filing a motion of mediation or for the examination of a case by the arbitration court once the complain process is finished (the motion can be downloaded on the following website: http://www.uokik.gov.pl/download.php?plik=6223). The list of the Permanent Consumer Arbitration Courts administrating at Voivodeship Inspectorates of Trade Inspection is available in the following website: http://www.uokik.gov.pl/wazne_adresy.php#faq596). The Customer may also use free help of the Municipal (Regional) Consumer Ombudsman or social organization of which statutory responsibilities involve the Consumer protection. Once the complaint process is finished, asserting claims out of court is free of charge.
- For amicable settlement of any dispute, the Customer may, in particular, file a complaint via Online Dispute Resolution, available under the following address: http://ec.europa.eu/consumers/odr/.
(effective May 25th, 2018)
I. General overview
II. The aim and the scope of data collecting.
III. Legal background for data procession
IV. Right to control, access of the personal data content and correction
V. “Cookie” files
VI. Other information
I. General overview
- Personal data collected at the Website https://viralstat.com are administered by VIRALSEED Sp. z o.o. [VIRALSEED LIMITED LIABILITY COMPANY] entered in the Commercial Register kept by the District Court for Wroclaw – Fabryczna in Wroclaw, VI Commercial Division of National Court Register under no. [NCR]: 000431347, VAT Number: PL8971784557, Company Number: 021958221, place of business and service address: Minska 38/200, 54-610 Wroclaw, Poland, e-mail address: [email protected], hereinafter referred to as “Administrator”, which is also the Service Provider.
II. The aim and the scope of data collecting
- Personal data will be processed in order to contact the Customer, for informational, accounting and other purposes involving the Customers’ activity on the website https://viralstat.com, also for the purposes of direct marketing concerned with own services provided in a traditional way (printed documents), constituting so-called legitimate interest of the company. For the above-mentioned purposes, data will be processed on the basis of Art. 6.1.b), c) and f) of Decree of The European Parliament and the Council (EU) 2016/679 dated on 27 April 2016 related to the protection of individuals concerning data processing and the free movement of personal data, and the repeal of the 95/46/WE (GDPR) directive.
- After the separate agreement, on the basis of Art. 6.1.a) of GDPR, the data may be processed also for purposes of sending information via electronic ways or calling via telephone for direct marketing – accordingly to Art.10.2 of the Act on Providing Electronic Services dated 18 July 2002 or Art. 172.1 of the Telecommunication Law dated 16 July 2004, including those resulting from individual profiling, if the service user agreed to it.
- Personal data processed for service purposes will be processed for the time necessary for the service performance, then data, which are liable for archiving, will be stored for a period of time adequate for expiration of claims, i.e. 10 years. Personal data processed for marketing purposes covered by the Customer’s declaration of consent will be processed until the withdrawal of consent.
- In the event of the GDPR regulations being violated by personal data processing, the person, whose data is concerned, has the right to present the complaint against General Inspector for the Protection of Personal Data (since 25th May – President of the Office for Personal Data Protection).
- Data submission is voluntary, however submission of marked data is required for service ordering, but the consequence of not submitting it will make it impossible to order a service.
- Personal data will be processed also in an automatic way in the form of profiling, if the service user agrees to it on the basis of Art. 6.1.a) of GDPR. The consequence of profiling will be the attribution of individual person to his or her profile in order to making decisions about the person, analyzing and predicting their preferences, behaviors and attitudes.
- The Administrator makes every possible effort in order to protect the interests of persons, whose data are collected, in particular ensures that, the data collected is:
- processed according to the law,
- gathered for specified, legal purposes and it does not undergo any further processing, incompatible with the mentioned purposes,
- correct in content and adequate in relation to the purposes of processing and storage in form, that allows the identification of the concerned persons, no longer than for the time necessary to reach the aim of processing.
III. Right to control, access of the personal data content and correction
- The person, whose data is concerned, has the right to access the content of the personal data and the right to correct it, remove it, limit its processing, the right to move data, the right to object, the right to withdraw the consent for processing at any moment regardless its legality for processing, which was done on the basis of agreement before its withdrawal.
- In order to implement the privileges indicated in point 1, a relevant e-mail message may be sent to the following address: [email protected].
IV. “Cookie” files
- The Service Provider’s website uses the ‘cookie’ files. The lack of change in the Customer’s web browser settings equals consent to the data processing.
- The ‘cookie’ files installation is necessary for the services to be provided correctly. The ‘cookie’ files provide information obligatory for the Website to function correctly, in particular concerning the services that require authorization.
- The Website uses three types of the ‘cookie’ files: ‘session’, ‘persistent’ and analytical.
- ‘Session cookies’ are temporary files that are stored in the Customer’s device until log out (leave the Website).
- ‘Persistent cookies’ are stored in the Customer’s device for the time indicated in their specifications or until their manual removal.
- ‘Analytical cookies’ allow better recognition of the Customer’s interactions within the Website, better organization of the Website. ‘Analytical cookies’ gather information about the way in which the Website is used by the Customer’s, about type of the website redirected to the Service Provider’s Website and the number of visits and the time spent on the Website. This information does not register any personal information of the Customer, but serve only for statistical purposes of the Website.
- The user has the right to decide which ‘cookie’ files are used in the device by the earlier choice in the settings of the internet browser. Detailed information on the use of the ‘cookie’ files are available in the software settings (internet browser settings).
V. Other information
- The Administrator uses technical and organizational measures in order to provide the data processing protection in a manner appropriate for the threats and categories of protected data and in particular secures the data against disclosure to unauthorized persons, removal by an unauthorized person, and processing in violation of the law, and modification, loss, damage or destruction.
- Service Provider provides appropriate technical measures preventing unauthorized access and modification of personal data sent electronically by unauthorized persons.