Section I - General provisions
Art. 1. PRELIMINARY INFORMATION
This document defines the terms and conditions for the provision and use of the Services via the Appartme mobile application distributed via online stores: Google Play, App Store and Huawei App Gallery.
The services are provided by S-LABS spółka z ograniczoną odpowiedzialnością with its registered office in Kraków, ul. Dworska 1A/1U, 30-314 Kraków, KRS (National Court Register Number): 0000568209, NIP (Tax Identification Number): 9452185706, REGON (Polish Business Register Number): 362085817.
Enabling the use of the Mobile Application is a service provided electronically by the Service Provider to Users, within the meaning of the Act of 18 July 2002, on Providing Services by Electronic Means (DZ.U./Journal of Laws/ No. 144, item 1204, as amended) under the Agreement concluded between the Service Provider and the User and based on these Terms and Conditions.
All rights to the Mobile Application and the content therein which is made available through the app, including intellectual property rights, rights to the name, Internet domain, software, databases - are subject to legal protection. By using the Mobile Application, the User shall undertake not to make any changes to the app and not to use it in any other way than specified in the Terms and Conditions.
The provisions of these Terms and Conditions shall not apply to the user with whom the Service Provider concluded an agreement on different terms and conditions, to the extent to which the provisions of that agreement differ from the provisions of these Terms and Conditions.
Art. 2. DEFINITIONS
The terms and phrases used in the Terms and Conditions shall have the following meanings:
The Service Provider - S-LABS spółka z ograniczoną odpowiedzialnością with its registered office in Kraków, ul. Dworska 1A/1U, 30-314 Kraków, KRS: 0000568209;
Consumer - a User who is a natural person and concludes an Agreement that is not related directly to his/her business or professional activity;
Account - an individual set of parameters and settings specified by the User and activated by the Service Provider, on which the data provided by the User is collected as a result of Registration and use of the Mobile Application;
Associated Account - a function of the Mobile Application enabling the User to create an extra account as part of the Mobile Application which is linked to the Account or to log in to such an additional account, previously created by the User with a particular partner of the Service Provider; in particular, an Associated Account may be Tuya account;
Appartme System or System - a system from the Smart Energy segment that enables and supports the possibility of managing home automation, available in two versions: Basic or Premium;
Agreement - an agreement for the provision of Services by electronic means subject to the Terms and Conditions concluded between the Service Provider and the User to the extent and for the period specified in the Terms and Conditions;
Mobile Application - software for mobile devices operating under Android or iOS and made available by the Service Provider to the Users of Appartme System under the Terms and Conditions that facilitates the use of the System;
Mobile Device - a portable, multimedia device that allows you to connect to the Internet, with Android or iOS operating system;
Services - services and tools made available to the Users by the Service Provider via the Mobile Application, including a possibility to create an Account or enabling the creation of an Associated Account (or enabling logging into such an account) and use the accounts for the purposes such as Appartme System control;
User - any natural person, legal person or organisational unit that is not a legal person and to which specific provisions grant legal capacity, using the Services;
Registration - a one-time activity performed by the User in accordance with the Terms and Conditions the purpose of which is to create an Account to be able to use the Services;
Terms and Conditions – these Terms and Conditions;
Compatible Devices - elements of the System installed at the User's premises, the functions of which can be controlled via the Mobile Application.
Section II - Provision of services
Art. 3. TYPES AND SCOPE OF PROVIDED SERVICES
The Service Agreement shall be concluded for an indefinite period at the time of creating the Account.
Before creating the Account, the User shall have the right to use the Application under the Terms and Conditions. In that case, the Service Agreement shall be concluded when the Application is installed on the User's Mobile Device and is terminated when the Application is deleted from the User's Mobile Device.
While using the Mobile Application, the User shall be able to, in particular, use the following Services provided electronically:
create the Account and use its functionalities,
store the configuration parameters of the service on the Service Provider's infrastructure,
manage the access rights of individual Users to the functions of the System,
control the functions of the System locally - Basic version,
control the functions of the System locally or via the Internet - Premium version.
create an Associated Account and use its functionalities or log in to the Associated Account and use its functionalities;
To be able to use the services referred to in sec. 3 letters b-d above, the creation of the Account shall be necessary. Creating the Account shall be voluntary and free of charge.
To create the Account, the User shall have an active e-mail account. The address shall not be made available to the public.
The User shall download the Mobile Application to his/her Mobile Device, install it and grant it the necessary permissions as per the system prompts. Then, the User shall start the Mobile Application and complete the registration form that can be found in the Mobile Application, providing correct data.
The User's acceptance of the provisions of the Terms and Conditions shall be tantamount to the User submitting a declaration that he/she has read these Terms and Conditions, understood its content and fully accepts the provisions.
A message with an Activation Link shall be sent automatically to the e-mail address provided by the User. The Account shall be created by clicking the Activation Link.
The password to the account shall be confidential and its disclosure by the User to anyone shall be prohibited. The User shall make every effort to adequately protect the password against unauthorized access, including establishing a password strong enough to prevent it from being easily discovered. The Account shall not be shared with other people.
The User shall be able to create the Associated Account or log in to the Associated Account by using the functionalities available in the Mobile Application and performing certain activities, including using the "Create an account" or "Log in" options.
Setting up the Associated Account may require the User to accept the Terms and Conditions again. Section 8 shall be applicable.
The list of Associated Accounts that can be created or to which the User can log in shall be available in the Mobile Application. The list indicates partners of the Service Provider with whom the party cooperates to enable the creation of Associated Accounts or logging into Associated Accounts.
After the creation of the Affiliated Account or logging into the Affiliated Account, the User shall gain access to additional functionalities of the Mobile Application. For example, if the User creates Tuya Affiliated Account, the person shall be able to operate Tuya devices with the use of the Mobile Application and shall be able to connect additional devices that can be operated within the Mobile Application.
Certain aspects of the automation functionality may require constant access to information about the user's phone location for operation. These features will only work fully if the Appartme user has granted location permissions, when the app is actively used, when it is running in the background, and when it is not turned on. The user will be informed of the request for access to location permissions via the Appartme app.
Art. 4. TERMS AND CONDITIONS OF PROVISION OF SERVICES
The Service Provider shall supervise the technical functioning of the Services to ensure the correct operation of the Mobile Application and, within the scope of the provided services, is responsible for its correct operation.
The Service Provider shall ensure the defect-free provision of services and shall be liable if the provision of services is incorrect, in particular, due to physical or legal defects.
The User shall comply with the provisions of the Terms and Conditions and shall use the Mobile Application in accordance with its intended purpose and refrain from any activity that could disrupt its proper functioning, in particular, through the use of specific software and devices.
The User shall use the Mobile Application in a manner consistent with social and moral norms and the law, in particular, shall not share content that violates the rights of the Service Provider, other Users or third parties, infringes their personal interests and intellectual property rights, including copyrights, and any other content that promotes violence, hate, is pornographic, vulgar, obscene, hateful, aggressive, discriminatory etc.
The User shall not undertake activities such as: using accounts of other Users, sharing the data enabling logging into accounts of other Users, getting involved in activities, e.g. IT activities, the aim of which is to obtain data, including passwords, of other Users.
In the event that it is found that the User violates the provisions set out in the sections above, the Service Provider shall, under the principles specified in the applicable legislation, take any action to repair the incurred damage.
In the event that the User violates the Terms and Conditions or applicable law, the Service Provider shall have the right to cancel the rights of the User to use the Services and to restrict the access of the User to some or all Services offered within the Mobile Application, with immediate effect.
The User shall notify the Service Provider immediately of any unauthorized use of the User's account, as well as of any violation of the principles set out in these Terms and Conditions.
Art. 5. TECHNICAL REQUIREMENTS FOR USING THE MOBILE APPLICATION
To use the Mobile Application the User shall meet minimum technical requirements, in particular, to have a Mobile Device with software that enables the launch of the Mobile Application and to have compatible devices installed.
To be able to use the Mobile Application, the User shall make sure that his/her Mobile Device meets the following minimum technical requirements:
Android operating system - minimum 6.0 version or iOS - minimum 13.0 version,
an active electronic mail account (e-mail),
Bluetooth LE support,
other requirements described in the instructions for use of the compatible devices.
The costs of using data transmission on the Internet shall be borne by the User.
4. The Service Provider shall not be responsible for the incorrect operation of the Mobile Application if the User's devices do not meet the above-mentioned technical requirements.
The Service Provider shall not be responsible for excessively overloaded Internet connection of the User and other interconnections or disruptions in the functioning of the Services caused by unauthorised interference of Users, independent of the Service Provider.
In the event that it is necessary to make changes and improvements to the system or to perform maintenance works or due to equipment failure, the Service Provider shall have the right to temporarily stop the provision of the Services. A message with information of the aforementioned technical interruptions and their duration shall be sent to the email address provided by the User at the time of creating the Account or a notification shall be displayed on the Mobile Application.
Any questions, opinions and requests concerning the functioning of the Services and statements submitted to the Service Provider in the electronic form, shall be sent by the User to the following e-mail address: firstname.lastname@example.org.
Art. 6. TERMINATION OF THE AGREEMENT
The User, who does not use Premium Services, shall have the right to close the Account any time, without advising reasons, by submitting a declaration to the Service Provider indicating the Account in question - to the following e-mail address: email@example.com. The above shall mean termination of the Agreement and deleting the Account.
The Service Provider shall have the right to terminate the Agreement concluded with the User for the provision of Services by electronic means related to the use of the Account, for important reasons beyond the Service Provider's control, i.e. having a significant impact on the provision of the Services, such as change of the applicable law - with a 14-day notice period.
The Service Provider shall have the right to refuse to provide the Services, to block access to the Account, to terminate the Agreement for using the Account without notice and to delete the Account of the User who uses the Services in a manner inconsistent with the law or the provisions of the Terms and Conditions.
The Service Provider shall send the information of termination of the Agreement without notice to the e-mail address provided by the User during the process of Registration, indicating which Account it relates to.
The Service Provider shall have the right to refuse to provide the Services and delete the User's Account if the User has created the Account again after the Service Provider has terminated the Agreement and the Account has been deleted due to the User's violation of the law or the provisions of the Terms and Conditions.
The User, who uses the BASIC version of the application or installed the application by mistake and does not intend to use it, shall have the right to have the Account deleted any time, without advising reasons, by submitting a statement to the Service Provider and indicating the Account - to the following e-mail address: firstname.lastname@example.org. The above shall mean uninstalling the application, termination of the Agreement and deleting the account.
Deletion of the Account shall not mean deletion of the Associated Account. To delete the Associated Account, the User shall contact the entity with whom the Service Provider collaborates to allow the creation of Associated Accounts or to allow logging into Associated Accounts.
Art. 7. PREMIUM VERSION
To be able to use Appartme System in the Premium version, the User shall:
have appropriate devices enabling remote control of the System,
pay the fees in the amount and in the manner specified in the price list that constitutes Appendix 1 to the Terms and Conditions.
The Premium service shall be activated after the payment is made and an e-mail is sent to the User confirming the activation of the Premium version.
The Premium Service shall be available to the User for a specified period of time, determined in the price list.
After the expiry of the period of use of the Premium Service that was paid for, the Premium Service is automatically extended for another period of a similar duration.
One (1) month, at the latest, before the end of the Premium Service period that was already paid for, the User shall have the right to resign from using the Service by submitting a notification in an electronic form, which shall mean the cessation of the provision of the Service at the end of that period.
In the event of a renewal of the Premium Service, pursuant to sec. 4 above, the parties shall be entitled to terminate the Premium Service Agreement with a one-month (1) notice period. The paid service fee shall be refunded to the User in an amount proportional to the period for which the service is not going to be provided.
After extending the Premium Service, a pro-forma invoice shall issued by the Service Provider indicating the fee payable in advance for the next period of the provision of the Premium Service, according to the price list, and it shall be sent to the User's e-mail address. The payment deadline shall be 14 days from the date of receipt of the invoice.
The payment for the extended Premium Service shall be made by the User in accordance with the information in the e-mail, sec. 7, or via a bank transfer to the Service Provider's bank account.
In the event of failure of the User to make the payment within the specified time limit, sec. 7 above,:
the Service Provider shall allow the User to have an additional period of 7 days (7 working days) to pay the fee, calculated from the date of delivery of the notice of payment,
the Service Provider shall be entitled to immediately suspend or restrict the User's access to the Premium Service,
the Service Provider shall have the right to terminate the provision of the Premium Service if the delay in payment exceeds 1 calendar month.
The Service Provider shall be entitled to change the fees referred to in sec. 1 letter b above, by sending a notification to the User's e-mail address informing the User of the new fees. The change shall apply to the User's next billing period, unless the User terminates the Premium Service Agreement within 14 days of the receipt of the notification, at the latest. The termination shall be effective at the end of the billing period.
Upon receipt of the payment, the Service Provider shall create an invoice for the User using appropriate details. The invoice shall be sent to the User in an electronic form, to the current e-mail address linked to the Account.
In the event of termination of the Premium Service Agreement before the end of the billing period, the Service Provider shall refund the unused portion of the fees via a bank transfer to the User's bank account within 14 days from the date of termination of the Agreement.
Section III - Granting a licence Art. 8 LICENCE TERMS
Under this Agreement, the User shall be granted a non-exclusive, non-transferable, non-sublicensable licence to install and use on the mobile device one (1) copy of the specific version of the Mobile Application in the form of an object code, in accordance with the Terms and Conditions. The User shall "use" the Mobile Application when it is loaded into temporary or permanent memory (e.g. RAM, hard drive, etc.) of a PC or mobile device. The User shall use the Mobile Application only in the manner specified by the Service Provider. In the event that the User feels uncomfortable while using the Mobile Application, due to synchronisation or combination of lights, the User shall stop using the Mobile Application.
The Software is licensed, not sold to the User. Under this Agreement, the User shall be granted only the right to use the Mobile Application but shall not obtain any rights, expressed or implied, with regards to the Mobile Application, other than those specified in the Terms and Conditions. Therefore, the User shall not copy the Mobile Application in a manner other than expressly specified in the Terms and Conditions without prior written authorisation from the Service Provider, except for the possibility of making one (1) copy of the Mobile Application for backup purposes. The User shall not print more than one (1) copy of any documentation provided in an electronic form; the User shall have the right to make only one (1) backup copy of such printable materials.
Except as provided otherwise in the Terms and Conditions, the User shall have no right, and shall not allow any third party to:
rent, lease, sub-license, sell, assign, lend or transfer the Mobile Application or any part thereof
perform reverse engineering, decompile or disassemble the Mobile Application, except to the extent that the applicable law expressly prohibits restricting the above,
remove from the Mobile Application or destroy any product identification marking, copyright notices or other proprietary notices or notices of restrictions,
modify or adapt the Mobile Application, incorporate the Mobile Application into other programs, or create derivative works based on it,
use the Mobile Application in a way that violates applicable law, regulations or court orders or for any unlawful or improper purpose,
use the Mobile Application in a manner that could cause damage to the Service Provider, its service providers or any other person,
republish, copy, distribute, display, post or transfer any part of the Mobile Application,
take any actions to introduce viruses, defects, trojans, malicious software or anything else of a destructive nature into the Services or the Mobile Application that prevents the provision of the Services, the operation of the Mobile Application or the devices of other end users
bypass or attempt to break the security of the Services or the Mobile Application or the devices of other end users.
Any titles, trademarks, copyrights and proprietary rights stored on the backup copy of the software shall be secured.
This Software may contain elements that are subject to the Open Source Terms of Service, as specified in the documentation provided with the Mobile Application; such elements are subject only to the terms and conditions specified in their own license, and this Agreement shall not apply to such components. The license rights of the User under this Agreement shall not include any right or license to use, distribute or create derivative works of the Mobile Application in any manner, that would make them subject to the Open Source Terms of Service. The term "Open Source Terms of Service" means terms and conditions of any license that require, as a condition of using, modifying or distributing works, provision of the source code or other specific material to modify, or authorise the creation of derivative works, or include certain terms and conditions of the licence in the derivative works or in accompanying documentation, or grant any party a royalty-free license to intellectual property.
In the event of termination of this Agreement, the User shall lose any rights to use the Mobile Application on his/her devices and the User shall irreversibly delete any copies of the Mobile Application and its documentation.
The Service Provider shall have the right to, at its discretion, update the Mobile Application by making it available on the website or by other means or methods. Such upgrades may be made available to the User in accordance with the Terms and Conditions or granting access of such upgrades to the User may require acceptance by the User of different terms and conditions. It is recommended to check, on a regular basis, if there are any updates or upgrades, and in the case of mandatory updates, the User shall update the Mobile Application immediately. The Service Provider shall not be responsible for any malfunctions of the Mobile Application due to the User using an outdated version of the Mobile Application.
The User shall have no right to, directly or indirectly, export or re-export the software to any country for which the regulations of the EU or any EU member state require an export license or other governmental authorisation, unless the appropriate export license or approval has been obtained. Downloading or installing the Mobile Application shall mean that the User agrees to follow the above-mentioned provision related to export.
Art. 9. COPYRIGHT
The Service Provider and its licensors shall retain all rights, titles and shares in relation to the Mobile Application, including all patents, copyrights, trade secrets and other intellectual property rights arising therefrom.
Any materials made available in the Mobile Application, in particular: text, graphics, shall be protected by the copyright of the Service Provider, its subcontractors and the copyright of producers of other third parties. By using any of the Services offered by the Service Provider, the User shall not acquire any copyright to any content or material.
Any proprietary names, registered trademarks that belong to third parties shall be used by the Service Provider for identification and information purposes only.
Any content and materials presented on the Mobile Application shall be provided for personal use only. The User shall have no right to copy, reproduce or use the content and materials in the Mobile Application for commercial purposes. It is also prohibited to use any text, graphics, audiovisual or musical elements, as well as elements of the Mobile Application's code, to create derivative works for purposes other than permitted personal use. It is prohibited to copy, reproduce or distribute any content, including text, graphics.
If the User wishes to use any content made available on the website, the User shall contact us at the following e-mail address: email@example.com.
In the event that the User submits a review, suggestion or any other material ("Feedback") to the Service Provider relating to the Service or Mobile Application (excluding any prohibited content), it shall mean that the User transfers all rights to such Feedback to the Service Provider and the Service Provider shall have the right to use such Feedback without restriction or obligation towards the User with regards to confidentiality, authorship or compensation, or the User shall agree to grant the Service Provider a license to use such Feedback without restriction to the extent that the foregoing would be ineffective. The User shall also agree to waive his/her personal rights in such Feedback.
Art. 10. WARRANTIES
The Service Provider, its affiliated entities and licensors provide the Mobile Application and User Documentation "as it is" and shall not guarantee that the software will be error-free or operate nonstop or otherwise meet the expectations of the User. It is sole responsibility of the User to choose the software to achieve the results he/she wants and the User shall be responsible for the installation, use and results obtained using the Mobile Application. To the maximum extent permitted by applicable law, the Service Provider, its affiliated entities and licensors shall not guarantee or ensure the fulfilment of any conditions, expressed or implied, including but not limited to, the implied warranty of merchantability, fitness for a particular purpose, accuracy or completeness of the results with regards to the Mobile Application and the accompanying materials.
To the maximum extent permitted by applicable law, the Service Provider shall not be held liable in any way for any damage caused due the use of the Mobile Application or User documentation. In no event, shall the Service Provider be held liable in excess of the amount of the fees paid by the User in relation to the Software. In the event that any limitation of compensation, damage or liability is prohibited by law, the Service Provider shall be entitled to apply the maximum limits of liability permitted by law.
Section IV - Consumer right of withdrawal and complaints
Art. 11. CONSUMER RIGHT TO WITHDRAW FROM THE AGREEMENT
The Consumer shall have the right to withdraw from the Agreement within 14 days without advising any reason by submitting an appropriate statement in writing or with the use of the Agreement withdrawal form. To meet the deadline, it is enough to send the notification before it elapses. The Agreement withdrawal form and instructions on the right of withdrawal shall be made available to the Consumer on the website: appartme.pl.
The declaration of withdrawal from the Agreement may be submitted in any manner, however, the Consumer shall make sure that it is possible to read its content. The declaration of withdrawal from the Agreement may be sent electronically to the e-mail address: firstname.lastname@example.org or in writing to the address of the registered office of the Service Provider indicated in Art. 2 sec. 1 of the Terms and Conditions.
In the event of withdrawal from the Agreement, the Agreement shall be considered not concluded, and the Customer shall be discharged from any obligations. What the parties have provided to each other is returned unchanged, unless the change was necessary within the limits of ordinary practices. The Consumer shall delete all copies of the Mobile Application in his/her possession.
Art. 12. COMPLAINTS
Any complaints shall be submitted by the User electronically to the e-mail address: email@example.com or in writing to the address of the registered office of the Service Provider indicated in Art. 2 sec. 1 of the Terms and Conditions.
The Consumer shall read and comply with the provisions contained in the manuals of the System or compatible devices.
The complaint shall contain the following details:
name and surname/company of the User;
name, model and operating system of the Mobile Device on which the problem occurred,
reasons for submitting the complaint.
The User may use an exemplary complaint protocol, available on the the website: appartme.pl.
The Service Provider shall investigate each complaint within 14 calendar days from the day following receipt of the complaint.
Section V - Extrajudicial methods for handling complaints and bringing claims
Art. 13. COMPLAINT PROCEDURE
Complaints about the functioning of the Mobile Application and the Services provided electronically shall be sent by the User to the e-mail address: firstname.lastname@example.org. The Service Provider shall diligently investigate the reasons for the irregularities.
For the complaint to be processed as quickly as possible, it shall contain a description of the reason for the complaint and the data necessary to identify the User, including, optionally, the User's address.
The Service Provider shall investigate the complaint and notify the User of the outcomes immediately, no later than within 14 (fourteen) days from the date of receipt of the complaint; an e-mail shall be sent to the e-mail address specified by the User during the process of creating the Account or by post to the address advised with the complaint.
The above provisions shall not exclude the possibility of the User to assert his/her rights in accordance with applicable law.
The User shall have the right to seek extrajudicial methods of handling complaints and claims in accordance with the rules specified on the website: www.uokik.gov.pl under the "settlement of consumer disputes" tab.
Art. 14. EXTRAJUDICIAL METHODS FOR HANDLING COMPLAINTS AND BRINGING CLAIMS
Detailed information on the Consumer's right to seek out-of-court complaint and redress procedures and the rules of access to those procedures are available at the offices and on the websites of district (municipal) consumer ombudsman, social organisations statutory responsibilities whereof include consumer protection, Voivodeship Inspectorates of Trade Inspection and the Office of Competition and Consumer Protection.
The Consumer shall have the following exemplary possibilities to seek out-of-court complaint procedures and claim handling:
The Consumer may obtain free assistance in settling the dispute between the Consumer and the Service Provider, using assistance of a poviat (municipal) consumer ombudsman or a social organisation statutory responsibilities whereof include consumer protection;
The Consumer shall have the right to apply to the permanent consumer arbitration court provided for in Art. 37 of the Act of 15 December 2000 on Trade Inspection (Dz.U./Journal of Laws/ of 2018, item 1930), with a request to settle the dispute arising from the concluded Agreement. The regulations of the organisation and operation of permanent consumer arbitration courts are specified in the ordinance of the Minister of Justice of 25 September 2001 on the rules of organisation and operation of permanent consumer arbitration courts. (Dz. U. /Journal of Laws/ 2001, no. 113, item 1214);
The Consumer shall have the right to request the Voivodeship inspector of Trade Inspection, acting pursuant to Art. 36 of the Act of 15 December 2000 on Trade Inspection (Dz.U./Journal of Laws/ of 2018, item 1930) to initiate mediation proceedings, the purpose of which is amicable settlement of the dispute between the Consumer and the Service Provider. Information on the rules and mode of the mediation procedure conducted by the Voivodeship inspector of Trade Inspection is available at the premises and on the websites of individual Voivodeship Inspectorates of Trade Inspection.
Section VI - Final provisions
Art. 15. PERSONAL DATA PROTECTION
Taking into account Art. 13 and 14 of Regulation (EU) 2016/679 of the European Parliament and of the Council, the so-called GDPR, please find information on the principles of personal data processing in the Mobile Application.
Creation of the Account by the User shall involve the processing of his/her personal data.
The Controller of personal data processed in the Mobile Application shall be S-LABS spółka z ograniczoną odpowiedzialnością with its registered office in Kraków, ul. Dworska 1a / 1u, 30-314 Kraków, entered into the register maintained by the District Court for Kraków - Śródmieście in Kraków, 11th Commercial Division of the National Court Register, KRS (National Cort Register Number): 0000568209, NIP (Tax Identification Number): 9452185706, REGON (Polish Business Register Number): 362085817.
The Service Provider, being the Controller of personal data, shall respect the right to privacy of the Users and also the right to have their personal data protected. Any personal data provided by the Users shall be used in a manner consistent with the Regulation of the European Parliament and of the Council (EU) 2016/679 of 27 April 2016 on the protection of natural persons with regards to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (GDPR) and the Act of 18 July 2002 on the provision of services by electronic means.
The Controller shall processes personal data to perform the Agreement concluded with the User with regards to the provision of the Services described in Section II of these Terms and Conditions.
In such a case, the processing of the User's personal data shall take place based on Art. 6 sec. 1 letter b of the GDPR
Provision of the data is voluntary; however, in the event of a failure to provide the personal data by the User, it shall not be possible to conclude the Agreement and use the Mobile Application.
The Controller shall have the right to disclose personal data to entities that process data on behalf of the Controller or process personal data as separate, independent controllers. In the event that the User has used the option of creating the Associated Account, his/her personal data shall be transferred to a certain partner of the Service Provider (the entity that cooperates with the Service Provider to enable the creation of the Associated Account, for example, Tuya Technology Co., Ltd in the case of the creation of Tuya Associated Account). These entities shall process personal data of the Users as separate/individual data controllers. Information on the way of processing personal data by the entities can be found on the websites of the entities (information on the way of processing personal data by Tuya Technology Co., Ltd can be found at the link: https://images.tuyaus.com/app/pAs/ tuyaen0930.html).
The Controller shall provide the personal data to the above-mentioned entities in accordance with applicable law (for example, based on data processing entrustment agreements).
The Controller shall have the right to make personal data available to its subcontractors (entities whose services the Controller uses for data processing).
The Controller shall have no right to transfer personal data outside the European Economic Area. In the event that the User has used the option of creating the Associated Account, his/her personal data may be transferred outside the European Economic Area. However, in such a case, personal data transferred outside the European Economic Area shall be processed by the Service Provider's partner (the entity that cooperates with the Service Provider to enable the creation of the Associated Account, for example, Tuya Technology Co., Ltd in the case of the creation of Tuya Associated Account) and not the Service Provider.
The period of storage of personal data is closely related to the purpose of their processing; personal data shall not be processed longer than for the period resulting from the purpose for which they were collected. To perform the Agreement - personal data shall be kept for the period during which the Agreement is performed and for the limitation period of claims extended by one year;
The Users, to whom the personal data belongs, shall have the following rights: the right to access their personal data and the right to receive a copy thereof; the right to rectify personal data; the right to have their personal data removed; the right to request the restriction of the processing of personal data; the right to have their personal data transferred; the right to object to the processing of personal data; the right to lodge a complaint with the President of the Personal Data Protection Office.
To exercise their rights, the Customers, to whom the personal data belongs, shall have the right to contact the Controller by sending an e-mail to email@example.com.
The Controller shall not make any decisions with regards to Consumers that are based solely on automated processing, including profiling, and that create legal effects related to Consumers or significantly affect Consumers in a similar way.
The Controller shall obtain personal data of the User: directly from the User; from the representative of the User;
Art. 16. FINAL INFORMATION
The Terms and Conditions of the Appartme Mobile Application are valid from the date of their publication on the website: appartme.pl and in the Mobile Application.
Changing the content of the Terms and Conditions as well as the Appendices shall be possible after informing the Users about the scope of the planned changes no later than 14 days before the date of their entry into force. In the event that the User does not agree to the changes of the Terms and Conditions, he/she may delete his/her Account.
Any disputes arising between the Service Provider and the User, a Consumer, shall be settled by a common court competent in accordance with the provisions of the Code of Civil Procedure.
Any disputes arising between the Service Provider and other users shall be settled by a common court having jurisdiction over the registered office of the Service Provider.
The Users may contact the Service Provider in the following way:
over the phone, via the phone number: 577 34 22 44
electronically, via the e-mail address: firstname.lastname@example.org,
in writing, to the following address: ul. Dworska 1A/1U, 30-314 Kraków.
The Users shall have the right to access the Terms and Conditions any time via the link on the website: appartme.pl and in the Mobile Application.
The content of the Terms and Conditions may be recorded, accessed and reproduced by printing or saving it on a suitable data carrier.