TERMS AND CONDITIONS & PRIVACY POLICY
OF THE DRONAGO APPLICATION
Thank you for your interest in our application (hereinafter: „Application” or „Dronago Application”) available on Android/iOS mobile devices and in a browser-based version on the website atcontact@dronago.com.
Please read the following document thoroughly. The Terms and Conditions set out the rules for the use of the Dronago Application by its service recipients, including the licence conditions and the privacy policy for personal data collected and processed within and through the Application. The Dronago application is protected by copyright, intellectual property law and other relevant mandatory legal provisions. The use of the Dronago Application is possible under the licence conditions set out below.
The formulation of this document assumes the establishment of general terms and conditions for the use of the Application. These terms and conditions, should the Service Recipient decide to use the Dronago Application, specifically govern the use of the Application, including our liability issues.
We strongly recommend reading the terms and conditions
Dronago Application Team
1. GENERAL PROVISIONS
- The owner of the Dronago Application is OMNIDOS PROSTA SPÓŁKA AKCYJNA with its registered office in Lublin (registered seat address: ul. Frezerów 3, 20-209 Lublin and address for correspondence: ul. Frezerów 3, 20-209 Lublin), entered in the Register of Entrepreneurs of the National Court Register under KRS no.: 0001044290; register court where the company's documentation is kept: District Court Lublin - Wschód in Lublin with registered office in Świdnik, VI Economic Division of the National Court Register; share capital amounting to: PLN 1000.00 fully paid up; NIP 5372675228, REGON 525687170 (hereinafter: „Service Provider”).
- The main form of ongoing remote communication with the Service Provider is the contact form available on the Application website, e-mail (e-mail address: contact@dronago.com) or telephone (telephone number: +48453220980, call charge according to the operator's tariff), through which you can exchange information with the Service Provider concerning the use of the Dronago Application.
- The Service Provider operates the Dronago Application and is solely responsible for the correct operation of the Electronic Services and other functionalities of the Application in accordance with the information set out in these Terms and Conditions. In addition to the Service Provider, there are also Service Recipients, including the Service Recipient and Vendors - who are independent third parties to the Service Provider. Service Recipients may use the Electronic Services provided on the Application, including Transactions between themselves, under the terms and conditions set out in these Terms and Conditions.
- The Terms and Conditions are addressed to all Service Recipients who use the Dronago Application, unless a particular provision states otherwise. The provisions of these Terms and Conditions are not intended to exclude or limit any rights of Consumers under mandatory provisions of law. In case of any discrepancies of the provisions of the Terms and Conditions with the above legal provisions, priority is given to these provisions.
Terms used in these Terms and Conditions and beginning with a capital letter shall have the following meanings:
- SUBSCRIPTION – paid access to Electronic Services within the Vendor's Account in accordance with the Price List.
- DIGITAL SERVICES ACT - Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on the digital single market for services and amending Directive 2000/31/EC (Digital Services Act) (OJ L 277, 27.10.2022, pp. 1-102).
- DRONAGO APPLICATION , APPLICATION - software together with elements that are not a computer program within the meaning of the Copyright Law, but that are an integral part of it, enabling the Service Recipient to use it on a mobile device that meets the requirements provided for in these Terms and Conditions or from the level of a web browser on the website at: https://app.dronago.com.
- PRICE LIST - the price list of Subscriptions or other chargeable Electronic Services located in the relevant tab of the Dronago Application and on the Application's website at: https://app.dronago.com.
- PAYMENT SERVICE PROVIDER - Stripe Payments Europe, Ltd. (1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland), that is an independent third party to the Service Provider, handling and settling, at the option of the Service Recipient, electronic and card payments initiated on the Application.
- WORKING DAY - one day from Monday to Friday excluding public holidays.
- CIVIL CODE - the Civil Code Act of 23 April 1964 (Journal of Laws No. 16, item 93, as amended).
- VENDOR ACCOUNT, ACCOUNT - a set of resources in the ICT system of the Dronago Application designated for the Service Recipient using it as a Vendor, in which the data provided by that Service Recipient and information about his/her activities within the Application are stored. The Account also allows the use of other functionalities and resources of the Application reserved for the Vendor.
- CONSUMER - a natural person for whom the use of the Application and its Electronic Services (including the performance of a Transaction) is not directly related to his/her economic or professional activity. In addition, from 1 January 2021 and for agreements concluded from that date onwards, the provisions relating to the Consumer shall also apply to an individual for whom the use of the Application and its Electronic Services is not directly related to his or her business activity, when the circumstances indicate that this is not of a professional nature for that person, arising in particular from the subject matter of his or her business activity made available on the basis of the provisions on the Central Register and Information on Business Activity.
- SERVICE RECIPIENT - the Service Recipient, i.e. a third party to the Application Provider, who performs or intends to perform a Transaction on a Digital Product made available by the Vendor.
- ILLEGAL CONTENT - information which, either in itself or by reference to an action, including the sale of products or the provision of services, does not comply with European Union law or with the law of any Member State which is in conformity with European Union law, irrespective of the specific subject matter or nature of that law.
- COPYRIGHT - Act of 4 February 1994 on copyright and related rights (J. of Laws No. 24, item 28, as amended).
- DIGITAL PRODUCT, PRODUCT - digital content (i.e. any material, including images and videos, produced and provided by the Vendor in digital form via the Dronago Application) that is or may be the subject of Transactions between the Service Recipient and the Vendor.
- TERMS AND CONDITIONS, T&C – these terms and conditions of the Dronago Application together with attachments constituting its integral part.
- VENDOR - the Service Recipient, i.e. a third party to the Application Provider, who uses the Application to create and make Digital Products available to its Service Recipients. Vendors on the Dronago Application may be both natural persons who do not conduct business in relation to Digital Products, as well as entities offering Digital Products within the scope of their business.
- PROFESSIONAL VENDOR - a Vendor for whom the use of the Dronago Application, including the provision of Digital Products to Service Recipients, is directly related to his/her business activity.
- TRANSACTION - a set of actions taken by the Vendor and the Service Recipient in the performance of the Agreement concluded by them, aimed directly at obtaining access to the Digital Product by the Service Recipient on the one hand, and receiving the price or remuneration due to the Vendor on the other hand, using the Electronic Services of the Dronago Application.
- AGREEMENT - an agreement for the supply of a Digital Product concluded between the Service Recipient and the Vendor outside the Dronago Application on the basis of individual agreements between the parties.
- ELECTRONIC SERVICE - a service provided electronically by the Service Provider to the Service Recipients, consisting of providing them with the functionality and resources of the Dronago Application in accordance with these Terms and Conditions.
- SERVICE RECIPIENT, Service Recipient - each entity or person who uses or intends to use the Application and its Electronic Services, i.e. (1) a natural person with full legal capacity, and in cases provided for by generally applicable regulations also a natural person with limited legal capacity, (2) a legal person or (3) an organisational unit without legal personality, to which legal capacity is granted by law.
- SERVICE PROVIDER - the company OMNIDOS PROSTA SPÓŁKA AKCYJNA with its registered office in Lublin (address: ul. Frezerów 3, 20-209 Lublin and address for correspondence: ul. Frezerów 3, 20-209 Lublin), entered in the Register of Entrepreneurs of the National Court Register under KRS no.: 0001044290; register court where the company's documentation is kept: District Court Lublin - Wschód in Lublin with registered office in Świdnik, VI Economic Division of the National Court Register; share capital amounting to: PLN 1000.00 fully paid up; NIP 5372675228, REGON 525687170.
- ACT ON CONSUMER RIGHTS - Act of 30 May 2014 on consumer rights (J. of Laws 2014 pos. 827, as amended), shall apply.
2. THE ROLE OF THE DRONAGO APP
- The Dronago app is a software application primarily designed to enable Vendors to perform and deliver Digital Products to their Service Recipients. The primary role of the Application is to facilitate the Vendor's Transactions with Service Recipients for the Digital Products prepared for them, including the Service Recipient's payment for the Digital Products ordered. The Agreement itself, including any arrangements concerning the manner and timing of performance or the content of the Digital Product, is concluded outside the Dronago Application on terms and conditions agreed individually each time by the Vendor with its Service Recipient.
- The Service Provider of the Dronago Application is responsible for the provision of the Electronic Services, that is, for providing the Service Recipients with the space and tools to create, process, deliver the Digital Products and accept payment for the Digital Products provided, but is never a party to the Transactions concluded between the Service Recipients. The Service Recipients - i.e. the Vendor and the Service Recipient who are independent third parties to the Application Service Provider - are directly responsible for the performance of the Agreement concluded by them. The Service Provider through the Application does not sell Digital Products or provide to the Service Recipients any services other than the Electronic Services indicated in these Terms and Conditions. The Dronago application serves only as an auxiliary tool to facilitate the performance of the agreed service by the Vendor for the benefit of the Service Recipient and the settlement of receivables by the Service Recipient for the benefit of the Vendor in exchange for the Digital Product made available to him.
- Vendors may act on the Dronago Application either (1) as a business - in which case the Service Recipient may have the status of a Consumer and the Professional Vendor is obliged to comply with the applicable legislation aimed at protecting the Consumer, or (2) as a private individual not carrying out a business in this respect - in which case the Service Recipient will not have the status of a Consumer or the resulting statutory rights with regard to complaints and withdrawal from an agreement concluded at a distance or off -premises. Information on the status of the Vendor is public and communicated to the Service Recipient each time before the Service Recipient decides to finalise a Transaction with a given Vendor. The vendor is obliged to declare his/her status as a business or private person in accordance with the facts before starting to sell on the App and is responsible for keeping this status updated in the event of any change.
3. GENERAL TERMS AND CONDITIONS FOR THE USE OF DRONAGO
- The Service Recipient is obliged to use the Dronago Application in accordance with its subject matter, purpose and these Terms and Conditions, in a manner consistent with the law and good morals, with due regard to respect for the personal rights and copyrights and intellectual property rights of the Service Provider, other Service Recipients and third parties. The Service Recipient is obliged to enter data consistent with the facts. The Service Recipient is prohibited from providing unlawful content, including Illegal Content. The Service Recipient is prohibited from using the Application to send unsolicited commercial information (spam). The Service Recipient is also prohibited from taking any action intended to interfere with the proper functioning of the Application.
- The Service Provider shall comply with Art. 14 sec. (1) of the Act of 18 July 2002 on rendering electronic services (Journal of Laws of 2002 no. 144, item 1204 as amended), according to which it shall not be liable for the Service Recipient's data stored in the Application if it does not know of the unlawful nature of the data or the related activity, and if it receives official notification or obtains reliable knowledge of the unlawful nature of the data or the related activity, it shall immediately prevent access to the data.
- The use of the Application is associated with standard threats occurring on the Internet. The primary threat to any Internet Service Recipient, including those using Electronic Services, is the possibility of the ICT system being "infected" by various types of software created primarily to cause damage or gain unauthorised access to the Service Recipient's data. Therefore, in order to avoid the risks involved, the Service Provider recommends that each Service Recipient take care to keep the operating system, anti-virus software and other security features of their terminal device up to date.
- The Controller of the personal data processed in the Dronago Application in connection with the execution of these Terms and Conditions is the Service Provider. Personal data shall be processed for the purposes, for the period and on the basis of the grounds and principles indicated in the privacy policy attached hereto as Annex 1 . The Privacy Policy mainly contains the principles concerning the processing of personal data by the Service Provider in the Application, including the grounds, purposes and duration of the processing of personal data and the rights of data subjects. The use of the Application, including making purchases from it, is voluntary. Similarly, the related provision of personal data by the Service Recipient using the Application is voluntary, subject to the exceptions indicated in the privacy policy (e.g. contractual or statutory obligations of the Service Provider).
4. DETAILED TERMS AND CONDITIONS FOR USING THE DRONAGO APP
- The Dronago app is available (i) as a mobile download on Google Play and App Store services and apps or (ii) as a browser-based version on the website at https://app.dronago.com.
- To start using the Application in the mobile version, you must first download and install the Application on a device that meets the minimum technical requirements indicated in the T&C.
Minimum technical requirements for the proper and correct use of the Application:
- Mobile version: (1) tablet, smartphone or other mobile device with active internet access; (2) iOS operating system version 12.0 or later or Android version 5.0 or later; (3) email access.
- Browser version: (1) computer, laptop or other multimedia device with Internet access; (2) web browser in the current version: Mozilla Firefox, Opera, Google Chrome, Safari or Microsoft Edge; (3) access to e-mail; (4) enable cookies and Javascript in the web browser.
- The costs of data transmission during the download and use of the Application shall be borne by the Service Recipient themselves under an agreement concluded with a provider of such services.
- The use of the Dronago Application is free of charge, except for the functionality provided for Vendors. The fees for the use of the Dronago Application by Vendors are set out in the Price List and in section 6. of the Terms and Conditions.
- The Service Recipient may, at any time and without giving any reason, stop using the Application by closing the web browser or, in the case of the mobile version, by uninstalling it himself or by removing it from his device in accordance with the Service Recipient manual for the relevant device, with the proviso that the removal of the Application from the device is not equivalent to the deletion of the Service Recipient's Account.
- Deletion of the Application or cessation of use of the Application in any other way does not entitle the Service Recipient to receive a refund of the payment for the unused period of its paid functionalities. The above reservation is not intended to exclude or limit the rights of the Service Recipient who is a Consumer, granted by generally applicable law, in particular with regard to the withdrawal from an agreement concluded at a distance
5. DRONAGO APP FUNCTIONALITY, VENDOR ACCOUNT REGISTRATION
- The use of the Application in the role of a Vendor, including the functionalities intended for it which include making, processing, sharing and collecting payments from Service Recipients for the Digital Products made available to them, requires the creation of a Vendor Account by the Service Recipient. The Service Recipient without an Account can only view the main login screen of the Application, without access to the other functionalities and resources intended for registered persons.
- The creation of a Vendor Account follows the completion of a total of two consecutive steps by the Service Recipient - (1) completing the interactive Account registration form available on the screen or the main page of the Application when it is launched, and (2) clicking on the "Register" field - at which point the Service Recipient enters into an agreement with the Service Provider for the use of the Account for an indefinite period of time. In the registration form, it is necessary to provide the following details about the Service Recipient: name (login), first and last name, e-mail address and password.
- The Service Recipient shall ensure that the chosen login password for the Account is sufficiently complex and unique, i.e. in particular it should not be a repetition of a password used by the Service Recipient elsewhere on the Internet.
- The use of the Account and the individual functionalities of the Application may also require the provision of other data by the Service Recipient - for example, prior to the use of the Account, the Professional Vendor may be asked to provide the details of the business operated (company name, VAT number, registered office or place of business address). Information on the scope of the data required is always provided in the Application, prior to the use of a specific function.
- The Service Recipient is obliged to keep the data provided in his/her Account up to date if it changes.
- The Service Recipient may only have one Account of the same type at the same time.
- The Service Recipient is obliged to keep the access data to the Account secret from third parties. The Service Recipient is not entitled to grant access to the Account to other persons, including by means of leasing or lending of the Account, subject to clause 5.8 below.
- The Professional Vendor is entitled to allow third parties authorised by it to use its Account to the extent that they perform tasks relating to the Vendor's business activities (e.g. associates, employees, contractors or other persons employed, irrespective of the basis of their employment), whereby the Professional Vendor is obliged to bind such persons to these Terms and Conditions and ensure that they comply with these Terms and Conditions. The Vendor shall be jointly and severally liable with the person to whom he has enabled the use of the Account for all his acts and omissions during the use of that Account.
- Uninstalling or deleting the Application does not automatically delete the Account - in order to delete the Account, the Service Recipient may, at any time and without giving any reason, send a relevant request to the Service Provider, in particular by e-mail to: contact@dronago.com. The deletion of the Account shall result in the loss of the ability to log into the Account and use its functionality and resources.
- The deletion of a Service Recipient's Account by any means is without prejudice to the Service Provider's ability to continue to store that Service Recipient's data for the period of time necessary for the remaining purposes of the processing (other than the operation of the Account) in accordance with the Application's privacy policy.
- After deletion of the Account, the Service Recipient may re-establish the Account in the future, subject to cases where the Account is deleted by the Service Provider in accordance with the provisions of clause 11.2(g) of the T&C for reasons attributable to the Service Recipient. In this case, the re-establishment of the Account is subject to the Service Provider's prior express consent after all the reasons for termination have ceased to exist.
After registering an Account on the Application, the Service Recipient is primarily able to use the following functionalities and resources reserved for Vendors:
- Managing your Account data;
- Using interactive tools to make, process and assemble Digital Products for their Service Recipients;
- Providing Service Recipients with the opportunity to pay for Digital Products made for them.
- The mobile version of the Application may also send push notifications to the Service Recipient informing of new activities or changes to the Application and its content, including when the Application is running in the background (i.e. not actively used by the Service Recipient). Such notifications may be sent subject to the prior consent of the Service Recipient, in particular by selecting the appropriate option and granting authorisation when the Application is first activated. Consent to the sending of notifications can be withdrawn at any time and without giving any reason, for example in the settings of the Service Recipient's terminal device concerning the permissions for the Application. The withdrawal of consent shall not affect the lawfulness of notifications sent prior to its withdrawal.
- A detailed description of the functionality of the Application and its Electronic Services and the rules for their operation is available within the messages, explanations and contextual information displayed during the use of the Application by the Service Recipient.
6. FEES FOR THE USE OF THE DRONAGO APP BY VENDORS
- The use of all the functionalities and resources of the Vendor's Account, including the making and selling of Digital Products using the Application, is subject to a fee as indicated in Section 6 of the T&C and the Price List.
The following fees are charged to Vendors for the use of the Application services:
- Commission - commission remuneration due to the Service Provider from the Vendor for payments collected using the Application for the Digital Products made available. The commission is a fraction of the gross price of the Digital Product set by the Vendor. The amount of the commission is determined by the Price List.
- Subscription - paid access to selected functionalities and resources of the Vendor's Account. The subscription fee is payable irrespective of the Vendor's turnover or the fact that sales are made on the App.
- The price list may also provide for other chargeable services not specified in the T&C below.
Commission settlements between the Vendors and the Service Provider take place on the following basis:
- From his/her Account, the Vendor has access to the current balance of funds received from Service Recipient for made Transactions. Within the Account, the Vendor can order a withdrawal of due funds at any time. Withdrawal of funds requires the Vendor's bank account details to be provided and kept up to date. A withdrawal order can be made 1 (in words: one) time per day. When a withdrawal order is placed, the balance of funds in the Account is automatically reset to zero. The funds shall be disbursed immediately, but no later than within 7 Business Days of the date of the withdrawal order by the Vendor.
- The balance shown in the Account referred to in (a) above represents the amount already reduced by the commission payable to the Service Provider in accordance with clause 6.2(a) of the Terms and Conditions.
- The Service Provider issues a collective invoice to the Vendor covering the amount of commissions in arrears after the end of the calendar month, taking into account the commissions charged on all Transactions settled by the Service Recipients in the given billing period.
- The Vendor shall not be entitled to a refund of the Application fees in the event that its Service Recipient cancels the Transaction for any reason for which the Application Service Provider Dronago is not responsible.
- For details of available Subscription packages or other chargeable Electronic Services, please refer to the Price List. The price list may provide for different Subscription plans, which differ in cost, activation period and scope of benefits for the Vendor.
- The activation of the Subscription by the Vendor is tantamount to the conclusion of a contract for the provision of paid services between the Service Recipient and the Service Provider for the duration and to the extent of the selected Subscription plan.
- In order to activate the Subscription, it is necessary to select a specific service from the Price List and to make the required payment according to the selected Subscription plan. Once redirected to the external payment gateway operated by the Payment Service Provider, the merchant should enter the data for billing purposes (if required) and make payment for the service immediately. Otherwise, the payment session may expire and the activation of the Subscription will not take place. The Vendor can then resume the purchase in the same way as the first time.
- Activation of the Subscription in the Vendor's Account shall take place immediately, no later than within 7 Business Days of positive authorisation of its payment by the Payment Service Provider.
- Subscription prices are in the currency indicated each time in the Application and include taxes. The total price including taxes and other costs and, where these charges cannot be determined, the obligation to pay them, shall be communicated to the Vendor in the Application, including during payment for the selected service. In the case of an agreement concluded for an indefinite period, the Service Provider shall indicate in the same manner the total price including all payments for the billing period and, where the agreement provides for a fixed rate, also the total monthly payments for that agreement.
- The Vendor shall make a one-off payment in advance for the entire activation period of the Subscription in accordance with the selected service plan. This period runs from the date of activation of the Subscription on the Account and represents the minimum duration of the Vendor's obligations to the Service Provider under the concluded agreement - if the Vendor cancels the Subscription during the activation period (including by deleting the Application or its Account), the Vendor is not entitled to a refund of the payment for the unused duration. This proviso is not intended to exclude or limit any statutory rights of Consumers, in particular with regard to the right of withdrawal from a distance Agreement.
- At the end of the paid-up period, the Subscription expires (not automatically renewed). Renewal of the Subscription is possible manually, by selecting the Subscription plan again and paying for the service through the Vendor in the same way as the first time, according to the current Price List.
- The content of the concluded agreement on the provision of paid services of the Application shall be recorded, secured and made available to the Vendor in each case by (1) making these Terms and Conditions available in the Dronago Application prior to the purchase, (2) sending an e-mail with the purchase confirmation immediately after the purchase and (3) noting the information on the active Subscription plan or other payments made in the relevant tab of the Vendor's Account.
- The Service Provider through the Application does not provide payment services subject to the provisions of the Act of 19 August 2011 on payment services (Journal of Laws 2011 No. 199, item. 1175 as amended). All payment services related to the processing and settlement of Transactions on the Application, including the withdrawal of funds on behalf of the Vendor, are provided by the Payment Service Provider which is an independent third party to the Service Provider.
- The Service Provider declares that it is not an obliged institution within the meaning of the provisions of the Act of 1 March 2018 on the prevention of money laundering and terrorist financing (Journal of Laws of 2018, item. 723 with further amendments),
7. TERMS AND CONDITIONS FOR THE SUPPLY OF DIGITAL PRODUCTS BY THE VENDOR
- The Service Recipient who uses the Dronago Application as a Vendor is given access to tools that enable him or her to make and then share his or her Digital Products (in particular photos, films or other audio and video material) for a fee, together with the possibilities for their processing and editing. The range of tools and resources available may be subject to limitations depending on the Subscription held by the Vendor. A detailed technical description and rules for the use of these tools are given within the messages, instructions and contextual explanations displayed during the use of the Application by the Service Recipient.
- The Service Provider is solely responsible for providing the Vendors with the specified tools, but is not obliged to verify how the Vendors actually use these tools. The Service Provider shall make reasonable efforts to make the use of the Application comprehensible and transparent for all Service Recipients, but cannot guarantee that each Service Recipient will be able to operate the Application and its tools independently and that they will prove useful in achieving the objectives expected by the Service Recipient. To the fullest extent permissible under applicable law, it is understood that the Service Provider provides the Application, including all of its functionality and resources, as provided ("as is") and makes no implied or express warranties as to its quality or usefulness for specific applications.
- The Service Provider does not guarantee interest in Vendors' Digital Products. The Service Provider makes no express or implied representations that the Application will help achieve any sales or business objectives intended by the Vendor. The Service Provider cannot guarantee that the Application will be successful in finding people interested in the Vendor's services and products.
- The Vendor, by making the Digital Products available using the Dronago Application, is itself responsible for the conformity of the subject matter with the Agreement concluded with its Service Recipient. The Service Provider of the Dronago Application is not a party to the agreements concluded between the Vendor and its Service Recipients, nor does it interfere with the mutual agreements of the parties as to the terms of performance of that Agreement, including the subject matter of the performance and the remuneration payable to the Vendor.
The Vendor is bound by the following rules when making any Digital Products available to Service Recipients via the Dronago Application:
- When making a Digital Product available, the Vendor is obliged to provide factually correct, clear, understandable, reliable and not misleading information. The provision of the Product should reflect the Vendor's actual intention. The Digital Product, including its content, should comply with the law and good morals, bearing in mind in particular respect for the personal rights and copyrights and intellectual property rights of the Service Provider, other Service Recipients and third parties.
- The Vendor shall ensure that it has the relevant capabilities, qualifications and authorisations to perform and sell Digital Products of the specified type. The Professional Vendor shall be obliged to hold the authorisations required by law to carry out its business activities and to market the Products it exhibits, including, if required, any permits, certificates, professional rights, etc. or other individual administrative acts.
- The Professional Vendor is obliged to respect the rights of Consumers, in particular with regard to the fulfilment of information obligations, complaints, and, in the case of an Agreement concluded at a distance or off-premises, also the right to withdraw from the Agreement without stating a reason, under the terms of the relevant laws applicable to it.
- Vendor shall at all times ensure that the Products they make available meet the specific requirements for the marketing of Products of this type, in particular with regard to their safety for Service Recipients, as well as other commercial requirements provided for by applicable law.
- As soon as a Vendor performs or posts on the Application any content for which that Vendor holds copyright or other legally required permissions, a royalty-free, non-exclusive, transferable and assignable licence to use such content is granted to the Service Provider, including the right to use the author's economic rights, without limitation as to territory and time (but for no less than the period of use of the Application services by that Vendor), in the following fields of exploitation: (1) permanent or temporary dissemination, display, reproduction and storage of such content by digital technique, including via computer, mobile devices and the Internet, for the proper provision of Electronic Services to Application Service Recipients, according to the type of content in question and the purpose of its posting by the Service Recipient; (2) permanent or temporary reproduction of such content, in whole or in part, by digital technique, to the extent that reproduction is necessary for dissemination, display, reproduction and storage for the purposes and scope provided for above.
8. TERMS AND CONDITIONS OF TRANSACTIONS BETWEEN VENDOR AND SERVICE RECIPIENT, RULES FOR THE USE OF THE DIGITAL PRODUCT
- The premise of the Dronago Application is to facilitate a Transaction, the object of which is, on the one hand, the delivery of the Digital Product by the Vendor and, on the other hand, the payment by the Service Recipient of the price or remuneration for access to the Product. The Dronago Application itself does not constitute an intermediary platform for the conclusion of any Agreements between its Service Recipients - an Agreement in this respect is concluded, as a rule, outside the Application on terms and conditions agreed by the parties individually and without the involvement of the Application Provider. The Service Provider has no general obligation to verify the terms and conditions or the subject matter of the Transactions that Service Recipients carry out in connection with their activity on the Dronago Application.
- The role of the Application is solely to provide technical tools to facilitate the performance of the agreed services by the Vendor and its Service Recipient, and in return for the services performed in this respect, the Service Provider shall receive commission remuneration from the Vendor in accordance with the provisions of Section 6 of the T&C.
In the case of an Agreement for the supply of a Digital Product, the further course of action is up to the parties to this Agreement, i.e. the Service Recipient and the Vendor. By default, Transactions carried out using the Dronago Application proceed as follows:
- The Vendor performs services for the Service Recipient, such as photo or video shoots, and then uses the functionality of the Dronago Application to prepare the Digital Product.
- The Service Recipient receives a unique link (URL) or QR code generated by the Vendor in the Dronago Application, which enables the Service Recipient to make payment of the agreed price or remuneration to the Vendor using the electronic payment option or by payment card. The payment should be made immediately after the initiation of the Transaction handled by the Payment Service Provider - otherwise the payment session may expire and the Transaction will need to be repeated as it was the first time.
- If the payment is successfully authorised, the Service Recipient receives access to the Digital Product. The Digital Product is accessed via electronic delivery - that is, by sending the Digital Product or a unique link (URL) for downloading and playing the Product to the Service Recipient's e-mail address. If the Product is made available for download by the Service Recipient, the Application Provider shall provide this possibility for a period of 7 calendar days from the date it was made available - after this time, access to the Digital Product from the Application is irretrievably removed. During the time period referred to in the previous sentence, it is recommended that the Product be downloaded and digitally stored in the memory of the Service Recipient's terminal equipment. After the expiry of this period, it is necessary for the Service Recipient to contact the Vendor to agree on the possibility of making the Digital Product available again. Processing of the electronic shipment shall take place immediately, no later than within 1 Business Day of positive authorisation of the Service Recipient's payment by the Payment Service Provider.
- For the avoidance of doubt, the Application Provider is not the author of the Digital Product - the materials that make up the Product are prepared and made available on the Application independently by the respective Vendor. The App is solely a tool for the preparation, delivery, downloading and playback of the Digital Product by the Vendor and its Service Recipient. The Vendor is fully responsible for preparing the Digital Products with due quality and as agreed with its Service Recipient.
In the absence of an agreement between the parties to the Agreement on the terms and conditions for the use of the Digital Product or to the extent not otherwise regulated by the parties, it shall be understood that:
- All rights to the Product, including copyright in the case of content that constitutes a work as defined by the Copyright Law, shall be vested in the Vendor or other authorised third parties. The Service Recipient does not receive ownership of any rights to the Product, including the copyright in the content comprising it, which constitute works within the meaning of the Copyright Law.
- The use of the Product by the Service Recipient is only possible for the Service Recipient's own personal use, within the scope of these Terms and Conditions and the provisions of the Copyright Law. including within the framework of the Service Recipient's business activity, unless the Agreement with the Vendor provides otherwise.
- The Service Recipient shall be entitled to use the Product in a manner consistent with its intended use and subject matter, to the extent necessary to use it for the purposes arising from the Agreement with the Vendor or, in the absence thereof, for the purposes for which a Product of this type is normally used, taking into account applicable law, technical standards or good practice.
- Subject to the exceptions provided for by generally applicable laws and the provisions of the Agreement with the Vendor to the contrary: (1) The Service Recipient shall not be entitled to make the Product available to third parties; (2) The Service Recipient shall not be entitled to use the Product for commercial purposes, including marketing the Product; (3) The Service Recipient shall not be entitled to transfer, sublicense or authorise others to use the Product; (4) The Service Recipient is not entitled to copy, reproduce, modify, adapt, translate, decode, decompile , disassemble or any other attempt to interfere with the Product, unless this is necessary to ensure the proper use of the Product in accordance with the Sales Agreement.
- The use of the Product by the Service Recipient is possible for the period of time specified in the Agreement with the Vendor. In the absence of agreements to the contrary, the use of the Product shall be deemed not to be limited in time.
9. COMPLAINTS REGARDING DIGITAL PRODUCTS, LIABILITY OF THE VENDOR AND THE APPLICATION SERVICE PROVIDER
- Complaints concerning the Agreement concluded with the Vendor, in particular any objections concerning the quality of the Digital Product and its compliance with the arrangements with the Service Recipient, should be made directly to the Vendor concerned. The disclaimer referred to in the previous sentence is not intended to exclude or limit the Service Provider's liability for the performance of the functionality of the Dronago Application.
- The basis and scope of the Vendor's liability towards the Service Recipient for non-performance or undue performance of the Agreement shall be determined by generally applicable, relevant legal regulations.
- Where the law applicable to the parties to the Agreement is Polish law, the rights and obligations of the Consumer vis-à-vis the Professional Vendor with respect to the use of the complaint shall be determined by the provisions of the Act on Consumer Rights in the wording in force from 1. January 2023, in particular Art. 43h - 43q of the Consumer Rights Act. These provisions define, in particular, the basis and extent of the Professional Vendor's liability towards the Consumer in the event of non-compliance of the Product with the Agreement. The Professional Vendor is obliged to comply with the regulations designed to protect the rights of the Consumer.
- For the avoidance of doubt, it is understood that the Service Provider is not obliged to act as an intermediary in the submission of a complaint by the Service Recipient, nor does it interfere in the processing and execution of the complaint by the Vendor. The Service Provider reserves the right to act as an intermediary in the communication between the Service Recipient and the Vendor with regard to the handling of complaints or the clarification of other objections to the executed Transaction, however, the responsibility for the handling and execution of complaints rests directly with the Vendor who is party to the Agreement with the Service Recipient. The Service Provider's participation, if any, in the Service Recipient's communication with the Vendor is of an ancillary and ancillary nature only and does not amount to the Service Provider taking over any of the Vendor's obligations with regard to the performance of the Agreement and the Service Recipient's complaints.
- In the event of any disputes arising between the Vendor and the Service Recipient in connection with the performance of the Agreement, the Service Recipients shall resolve them directly between themselves and without the involvement of the Service Provider, in accordance with generally applicable law, including, if necessary, through court proceedings. The reservation referred to in the preceding sentence does not preclude the Service Provider from taking appropriate steps against the Service Recipient concerned in the event of a breach of the Terms and Conditions in the cases and to the extent set out in section 11 of the T&C.
10. ILLEGAL CONTENT AND OTHER CONTENT NOT COMPLYING WITH THE RULES
- This section of the Terms and Conditions contains provisions arising under the Digital Services Act in respect of the Application and the Service Provider.
- The Service Recipient has the option to provide his/her content, which includes any data and information stored via the Application for his/her own use (e.g. within the Account) or with a view to making it available to the Service Recipient (e.g. Digital Products). The content referred to in this section of the Terms and Conditions may include, in particular, textual content, photographs, films and other visual, audio or video material which is made available, entered, uploaded, distributed or transmitted using the tools made available for this purpose in the Application. Whenever content is provided by the Service Recipient, the Service Recipient is obliged to comply with the rules contained in the Terms and Conditions. The Service Recipient is fully responsible for all content it transmits, stores, shares, distributes and publishes within the Application.
- CONTACT POINT - The service provider designates the email address contact@dronago.com as the single point of contact. The Point of Contact enables the Service Provider to communicate directly with Member State authorities, the European Commission and the Digital Services Board and, at the same time, allows Service Recipients to communicate directly, quickly and in a Service Recipient-friendly manner with the Service Provider electronically, for the purpose of applying the Digital Services Act. The service provider shall indicate the Polish language and the English language for communication with its point of contact.
Procedure for reporting Illegal Content and acting in accordance with Art. 16 of the Digital Services Act:
- At the email address contact@dronago.com , any person or entity may report to the Service Provider the presence of specific information that the person or entity considers to be Illegal Content.
- The notification should be sufficiently precise and adequately justified. To this end, the Service Provider shall allow and facilitate reports to the email address provided above that contain all of the following: (1) a sufficiently substantiated explanation of the reasons why the person or entity alleges that the reported information constitutes Illegal Content; (2) a clear indication of the exact electronic location of the information, such as the exact URL(s), and, where applicable, additional information to identify the Illegal Content, as appropriate to the type of content and the specific type of service; (3) the name and email address of the person or entity making the report, except for a report relating to information deemed to be related to one of the offences referred to in Art. (3) to 7 of Directive 2011/93/EU; and (4) a statement attesting to the good faith belief of the person or entity making the notification that the information and allegations contained therein are correct and complete.
- The notification referred to above shall be deemed to give rise to actual knowledge or knowledge for the purposes of Art. 6 of the Digital Services Act in relation to the information to which it relates, if it enables the Service Provider acting with due diligence to ascertain - without detailed legal analysis - the illegal nature of the activity or information in question.
- If the notification contains electronic contact details of the person or entity that made the notification, the Service Provider shall send such person or entity an acknowledgement of receipt of the notification without undue delay. The Service Provider shall also, without undue delay, notify such person or entity of its decision with regard to the reported information, providing information on how to appeal the decision taken.
- The Service Provider shall process all reports it receives under the mechanism referred to above and shall make decisions with regard to the information to which the reports relate in a timely, non-arbitrary and objective manner and with due diligence. If the Service Provider uses automated means for the purposes of such consideration or decision-making, it shall include information on this in the notification referred to in the previous paragraph.
Information on the restrictions that the Service Provider imposes in connection with the use of the Application, in relation to the information provided by the Service Recipient:
Without prejudice to the other provisions of the Terms and Conditions governing the use of the Application, the following rules shall apply to the provision of any content within the Application:
- the obligation to use the Application, including to upload content (e.g. within the Account or Digital Products), in accordance with its purpose, these Terms and Conditions and in a manner consistent with the law and good morals, bearing in mind respect for the personal rights and copyrights and intellectual property rights of the Service Provider and third parties;
- an obligation to enter content that is factually correct and not misleading;
- prohibition of the supply of unlawful content, including the supply of Illegal Content;
- prohibition of sending unsolicited commercial communications (spam) via the Application;
- prohibition of providing content violating the generally accepted principles of netiquette, including content containing vulgar or offensive content;
- prohibition on using the functionality of the Application to communicate or otherwise interact with other Service Recipients to harass and disturb them or to carry out phishing attempts;
- the obligation to have, where necessary, all the required rights and authorisations to provide the content in question on the Application, in particular the copyright or the required licences, authorisations and consents to use, distribute, make available, or publish it, in particular the right to publish and distribute it on the Application, and the right to use and distribute the image or personal data in the case of content which includes the image or personal data of third parties (content including the image of minors may be provided in accordance with the Terms and Conditions only with the consent of their parent, guardian or other legal representative, which must be ensured in each case by the Service Recipient providing such content);
- the obligation to use the Application in a manner that does not pose a security risk to the Provider's ICT system, the Application or third parties;
- prohibition on providing content that is intended to cause harm to the Service Provider or other Service Recipients (in particular malicious computer software such as "viruses", "worms" or "Trojan horses");
- prohibition on the sharing of data containing or providing access to unlawful warez content (e.g. illegally obtained computer files) or pornographic content.
- the Service Recipients in the Application. Moderation shall be carried out in good faith and with due diligence and on the Service Provider's own initiative or on a notification received in order to detect, identify and remove Illegal Content or other content that does not comply with the Terms and Conditions or to prevent access to it or to take the necessary measures to comply with European Union law and national law compatible with European Union law, including the requirements set out in the Digital Services Act, or the requirements contained in the Terms and Conditions.
- The moderation process may be carried out manually by a human being or may rely on automated or semi-automated tools to help the Service Provider identify Illegal Content or other content that does not comply with the Terms and Conditions. Once such content has been identified, the Service Provider shall decide whether to remove or prevent access to the content or otherwise restrict its visibility or take such other action as it deems necessary (e.g. contact the Service Recipient to clarify objections and amend the content). The Service Provider will inform the Service Recipient who provided the content (if it has his/her contact details) of its decision, the reasons for its decision and the options available for appealing the decision in a clear and easily understandable manner.
- In exercising its rights and obligations under the Digital Services Act, the Service Provider shall act with due diligence, in an objective and proportionate manner and with due regard to the rights and legitimate interests of all parties involved, including the recipients of the service, in particular taking into account the rights enshrined in the Charter of Fundamental Rights of the European Union, such as freedom of expression, freedom and pluralism of the media and other fundamental rights and freedoms.
- Any comments, complaints, grievances, appeals or objections relating to decisions or other actions or inaction taken by the Service Provider on the basis of a notification received or a decision of the Service Provider taken in accordance with the provisions of these Regulations may be made in a manner analogous to the complaint procedure indicated in section 12 of the T&C. Use of this procedure is free of charge and allows complaints to be submitted electronically to the e-mail address provided. The use of the complaints procedure shall be without prejudice to the right of the person or entity concerned to institute proceedings before a court and shall be without prejudice to his/her other rights.
- The Service Provider shall deal with any comments, complaints, complaints, appeals or objections regarding a decision or other action or inaction taken by the Service Provider on the basis of a notification received or a decision taken in a timely, non-discriminatory, objective and non-arbitrary manner. If a complaint or other report contains sufficient reasons for the Service Provider to consider that its decision not to take action in response to the report is unjustified or that the information complained of is not illegal and does not comply with the Terms and Conditions, or contains information indicating that the complainant's action does not justify the measure taken, the Service Provider shall, without undue delay, revoke or amend its decision as to whether to remove or prevent access to the content or otherwise restrict its visibility, or take such other action as it deems necessary.
- Service Recipients or other persons or entities who have made a report of Illegal Content and to whom the Service Provider's decisions regarding Illegal Content or content not complying with the Terms and Conditions are addressed, shall have the right to choose any out-of-court dispute resolution body certified by the Digital Services Coordinator of the Member State to resolve disputes regarding these decisions, including in relation to complaints that have not been resolved through the Service Provider's internal complaint handling system.
- In the event that any claims are made against the Service Provider based on the unlawful use, including distribution of content by the Service Recipient within the Dronago Application, by third parties, including public authorities, for infringement of their copyright or for violation of data protection laws or other generally applicable laws, the Service Recipient agrees to indemnify the Service Provider for its infringements, to satisfy the claims of the aforementioned third parties and penalties or other costs imposed by the relevant public authorities, and to indemnify the Service Provider for any damage suffered by the Service Provider due to its infringements. The Service Recipient is obliged to indemnify and hold harmless the Service Provider against any claims of third parties and penalties or other costs imposed on the Service Provider by the competent public administration authorities, as well as to compensate the Service Provider for any damage incurred by the Service Provider due to the Service Recipient's infringements.
11. RESTRICTION, SUSPENSION AND TERMINATION OF ACCESS TO ELECTRONIC SERVICES
- The Service Recipient may cancel the use of the Dronago Application and individual Electronic Services at any time and without giving any reason, in accordance with the terms of use indicated in these Terms and Conditions.
In addition to and without prejudice to the provisions of Section 10 of the T&C setting out the rules for dealing with Illegal Content or other content not complying with the Regulations, the Service Provider reserves the right to limit, suspend and, as a last resort, terminate the provision of its Electronic Services to the Service Recipient concerned. The Service Provider shall only take the measures referred to above if and to the extent that they are necessary, subject to the following conditions:
Grounds for restriction, suspension and, ultimately, termination of the provision of Electronic Services to a given Service Recipient may be:
- the provision of incomplete (where mandatory) or false contact details (e.g. name, email address) by the Service Recipient within the Application;
- the data provided by the Service Recipient (including in the context of photographs, films and other visual material) violates common law, decency, rules of social conduct or the rights of third parties;
- the data provided by the Service Recipient (including within images, videos and other visual material) violates the content delivery conditions indicated in the Terms and Conditions;
- to send, via the Application, spam messages to other Service Recipients, including content of an advertising or publicity nature or commercial information encouraging the use of websites competing with the Application, including website addresses, names and logos of such websites, as well as messages which are abusive or designed to defraud, including sensitive data such as the password to the Account;
- the Service Recipient uses the Application not in accordance with its intended purpose;
- the actions of the Service Recipient concerned threaten to unlawfully damage the reputation of the Service Provider and its Application;
- the actions of the relevant Service Recipient threaten the security of the Application's ICT system, the Service Provider or other Service Recipients during their use of the Application;
- The Service Recipient is in arrears with any amounts due to the Service Provider;
- a legal or regulatory obligation under which the Service Provider is required to terminate the provision of all of its Electronic Services to the relevant Service Recipient;
- the exercise by the Service Provider of its right to terminate the provision of services for an overriding reason under national law compatible with European Union law;
- repeated infringement of the Terms and Conditions by the Service Recipient.
- Restriction of Electronic Services shall be understood as actions aimed at limiting access to particular services provided by the Service Provider. Restriction of Electronic Services may consist, for example, in preventing access to selected functionalities and resources of the Application, including those available after logging into the Account (such as the creation and provision of Digital Products by the Vendor).
- Suspension of Electronic Services is understood to be an action aimed at depriving the Service Recipient of access to all services provided by the Service Provider. Suspension of Electronic Services may consist in particular of the suspension of access to the Account. During the suspension of the Account, it is not possible to log in to the Account and to use all its functionalities and resources, including the creation and provision of Digital Products by the Vendor.
- The Electronic Services may be limited or suspended for a definite period of time indicated by the Service Provider or for an indefinite period of time – until the reason for its use ceases to exist. During a restriction or suspension of Electronic Services, the Service Recipient is obliged to take action to remove the reason that gave rise to the decision to restrict or suspend and, once removed, is obliged to inform the Service Provider immediately. The Service Provider shall withdraw the restrictions or suspensions imposed immediately after the expiry of their period of application and, in the case of a decision made for an indefinite period of time, immediately but no later than 10 Business Days after confirmation of information that the reason for their application has ceased to exist.
- The Service Provider shall decide how and to what extent to restrict, suspend or terminate the provision of Electronic Services to the Service Recipient concerned in a manner that is reasonable, necessary and proportionate to the nature and extent of the grounds for a particular decision and its consequences for the Service Recipient concerned. Before taking a decision, the Service Provider shall, as far as possible, call on the Service Recipient to cease the infringements and only if the call proves to be ineffective, impossible or would be inexpedient due to the gross and obvious nature of the infringements, the Service Provider may take a decision accordingly. The Service Provider firstly undertakes to decide on a limitation and only then to suspend the provision of the Electronic Services if the limitation alone proves to be insufficient or would be pointless.
- In the event of a decision to restrict or suspend the provision of Electronic Services to a given Service Recipient, the Service Provider shall communicate to that Service Recipient - before or at the time the decision to restrict or suspend takes effect - the reasons for that decision by means of an e-mail message.
- Termination of the provision of Electronic Services shall be treated as a final termination of the agreement with the Service Recipient and may only be based on the reasons set out in clause 11.2(a)(ix-xi of the T&C. As a consequence of the decision to terminate the provision of Electronic Services, the Service Recipient's Account and all data assigned to this Account shall also be deleted.
In the event that the Service Provider decides to terminate all of its Electronic Services to a given Service Recipient, the Service Provider shall communicate to that Service Recipient, at least 30 days before the day on which the decision to terminate the Electronic Services takes effect, the reasons for this decision by means of an e-mail message. The notification period referred to in the previous sentence shall not apply in the event that the Service Provider:
- is subject to a legal or regulatory obligation under which it is obliged to terminate the provision of all of its Electronic Services to the relevant Service Recipient in such a way that it is unable to comply with this notification period,
- exercise the right to terminate services for an overriding reason under national law compatible with European Union law,
- may demonstrate that the Service Recipient in question has repeatedly infringed the Terms and Conditions, resulting in termination of the entire provision of the Electronic Services concerned.
In the aforementioned cases where the notification period does not apply, the Service Provider shall communicate to the Service Recipient concerned, without undue delay, the reasons for this decision, at least by means of an e-mail message.
- The reasons for the Service Provider's decision to restrict, suspend or terminate the provision of Electronic Services must include a reference to the specific facts or circumstances - including the content of notifications received from third parties, if applicable - that led to the Service Provider's decision in question, as well as a reference to the applicable grounds for that decision as referred to in clause 11.2(a) of the Terms and Conditions. The Service Provider does not have to provide (1) a justification where it is subject to a legal or regulatory obligation not to provide specific facts or circumstances, or (2) a reference to the applicable ground(s) where it can demonstrate that the relevant Service Recipient has repeatedly breached the Terms and Conditions, resulting in termination of the entire Electronic Services concerned.
- In the event of restriction, suspension or termination of Electronic Services, the Service Provider shall provide the Service Recipient with the opportunity to clarify the facts and circumstances within the framework of the complaint procedure referred to in Clause 12 of the Terms and Conditions. In the event that the Service Provider revokes its decision to limit, suspend or terminate the Services, it shall, without undue delay, restore the Service Recipient's access to those Services, including by restoring the Service Recipient's access to personal data or other data that resulted from the Service Recipient's use of the Electronic Services before the decision to limit, suspend or terminate took effect.
- Termination by any means of access to the Electronic Services for a given Service Recipient shall be without prejudice to the retention of the Service Recipient's data for the period of time necessary for the other purposes of processing (other than the provision of Electronic Services) in accordance with the privacy policy of the Application.
12. PROCEDURE FOR DEALING WITH COMPLAINTS REGARDING THE APPLICATION
- The following point 12 of the Terms and Conditions sets out the procedure for handling complaints common to all complaints submitted to the Service Provider, in particular complaints concerning Electronic Services and other complaints related to the operation of the Service Provider or the Dronago Application.
Additional information on the Service Provider's liability provided for by law is indicated below:
- The basis and scope of the Service Provider's liability towards the Service Recipient when the Electronic Service is provided incorrectly are defined by the generally applicable legal provisions, in particular the Civil Code, the Consumer Rights Act or the Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws 2002 no. 144, item 1204, as amended).
- In the case of a complaint involving digital content or services purchased by a Service Recipient who is a Consumer, the provisions of the Consumer Rights Act as in force from 1. January 2023, in particular Art. 43h - 43q of the Consumer Rights Act. These provisions set out, in particular, the basis and extent of the Service Provider's liability if the content or digital service does not comply with the agreement.
- For Service Recipients who are not Consumers, in particular Professional Vendors, the additional provisions governing the Service Provider's liability set out in section 15 shall apply. of the T&C.
- Complaints relating to the operation of the Application, including its Electronic Services, can be submitted, for example, by electronic mail (e-mail) to: contact@dronago.com or in writing to: ul. Frezerów 3, 20-209 Lublin.
- The Service Provider recommends that in the description of the complaint: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of the irregularity; (2) the expectations of the person making the complaint; and (3) the contact details of the complainant - this will facilitate and speed up the processing of the complaint by the Service Provider. The requirements specified in the above sentence are only recommendations and will not affect the outcome of complaints submitted while omitting the recommended description of the complaint.
- If the contact details provided by the complainant change during the processing of the complaint, the complainant is obliged to notify the Service Provider.
- Evidence (e.g. photographs, documents or screenshots) relating to the subject of the complaint may be attached to the complaint by the complainant. The Service Provider may also ask the complainant to provide additional information or send evidence (e.g. photographs) if this will facilitate and speed up the Service Provider's consideration of the complaint.
- The Service Provider will respond to the complaint immediately, but no later than within 14 calendar days of receipt.
13. STATUTORY RIGHT OF WITHDRAWAL
- A consumer who has concluded a distance agreement with a entrepreneur may, within 14 calendar days, withdraw from that agreement without giving any reason and without incurring any costs, subject to the cases listed in point 10.4 and the costs set out in clause 13.6 of the T&C.
- Whenever the following section of the Terms and Conditions refers to "entrepreneur", it shall be understood to mean, as the case may be, the Application Service Provider or the Professional Vendors when the agreement concluded by them with the Consumer is a distance agreement.
Sending the declaration before the deadline for withdrawal is sufficient to meet the withdrawal deadline.
- A declaration of withdrawal from an agreement concluded with the Application Service Provider (e.g. purchase of paid Application services) may be submitted, for example, by e-mail to: contact@dronago.com or in writing to: ul. Frezerów 3, 20-209 Lublin.
- A declaration of withdrawal from an agreement concluded with a Professional Vendor can be made directly to the Vendor in question, according to the contact details provided by the Vendor.
- For this purpose, the consumer may use the model withdrawal form attached as Annex No. 2 to the Consumer Rights Act and additionally set out in point 19 of these T&C, but this is not mandatory.
- The period for withdrawal from an agreement the subject matter of which is digital content or services (including digital or other non-digital services) starts from the day of conclusion of that agreement.
- In the case of withdrawing from a remote agreement, such an agreement will be deemed not concluded at all.
- The right of withdrawal from an agreement concluded at a distance does not apply to the Consumer in respect of agreements (1) for the provision of services (e.g. Subscriptions) for which the Consumer is liable to pay the price, where the entrepreneur has performed the service in full with the express and prior agreement of the Consumer, who has been informed before the performance by the entrepreneur that he will lose his right of withdrawal after the entrepreneur has provided the service, and has acknowledged this; (2) for the supply of digital content (e.g. Digital Product) not supplied on a tangible medium for which the consumer is liable to pay the price, where the entrepreneur has begun performance with the express and prior consent of the consumer, who has been informed before the beginning of the performance that he will lose his right of withdrawal after the entrepreneur has provided performance and has acknowledged it, and the entrepreneur has provided the consumer with the confirmation referred to in Art. 15 sec. 1 and 2 or Art. 21 section 1 of the Consumer Rights Act.
In the event of an effective withdrawal, i.e. where none of the exceptions set out in point. 10.4 of the Terms and Conditions, the following provisions shall apply, setting out the consequences and costs associated with the Consumer's withdrawal from the agreement:
- The Entrepreneur must immediately, no later than within 14 calendar days of receipt of the Consumer's declaration of withdrawal, return to the Consumer all payments made by the Consumer, with the exception of the cost of the service started in accordance with point 13.7(e) below. The entrepreneur shall refund the payment using the same means of payment used by the Consumer, unless the Consumer has expressly agreed to a different method of refund that does not incur any costs for the Consumer.
- In the case of a service that provision started - upon a clear request of the consumer - prior to the lapse of the period for withdrawing from the agreement, the consumer who exercises the right of withdrawal, after making such a request, is obliged to pay for the provided service until the date of withdrawal. The payment amount is calculated proportionally to the scope of the provided service, considering the price or remuneration determined in the agreement. If the price or remuneration is excessive, the basis for the calculation of this amount is the market value of the provided service.
- In the case of a withdrawal from a agreement for the supply of a Product, i.e. digital content or digital service, the entrepreneur may not, from the date of receipt of the Consumer's statement of withdrawal, use content other than personal data supplied or created by the Consumer in the course of the use of the digital content or digital service - supplied by the entrepreneur, except content which: (1) are only useful in relation to the digital content or digital service that formed the subject matter of the agreement; (2) relate exclusively to the Consumer's activities during the use of the digital content or digital service - provided by the entrepreneur; (3) have been combined by the entrepreneur with other data and cannot be extracted from them or can only be extracted with disproportionate effort; (4) have been produced by the Consumer jointly with other Consumers who can still use them. Except in the cases referred to in points (1)-(3,) above, a entrepreneur shall, at the request of the Consumer, make available to the Consumer content other than personal data which has been provided or created by the Consumer in the course of using digital content or a digital service provided by the entrepreneur. In the event of withdrawal, the entrepreneur may prevent the consumer from continuing to use the digital content or digital service, in particular by preventing the consumer from accessing the digital content or digital service, without affecting the consumer's rights referred to in the preceding sentence. The consumer shall be entitled to recover the digital content from the entrepreneur free of charge, without hindrance from the entrepreneur, within a reasonable period of time and in a commonly used machine-readable format.
- In the event of withdrawal, the Consumer is obliged to stop using this digital content or digital service and making it available to third parties.
14. OUT-OF-COURT WAYS FOR CONSIDERING COMPLAINTS AND PURSUING CLAIMS AND RULES OF ACCESS TO THOSE PROCEDURES
- Methods of resolving disputes out of court include (1) allowing the parties' positions to be brought closer together, e.g. through mediation; (2) proposing a solution to the dispute, e.g. through conciliation; and (3) settling the dispute and imposing a solution on the parties, e.g. through arbitration (arbitration court). Detailed information on the consumer's possibility to use out-of-court complaint and redress procedures and the rules of access to these procedures are available at the offices and on the websites of the relevant governmental institutions and social organisations responsible for protecting the rights and interests of consumers in the consumer's country of residence.
- For Consumers with a habitual residence in the Republic of Poland, the above information, as well as a friendly search engine of entities dealing with amicable dispute resolution, is available on the website of the Office of Competition and Consumer Protection at: https://polubowne.uokik.gov.pl/.
- There is a contact point at the President of the Office of Competition and Consumer Protection, whose task is, inter alia, to provide consumers with information on out-of-court settlement of consumer disputes. The consumer can contact the point: (1) by telephone - by calling 22 55 60 332 or 22 55 60 333; (2) by e-mail - by sending a message to: kontakt.adr@uokik.gov.pl or (3) in writing or in person - at the Office's Headquarters at Plac Powstańców Warszawy 1 in Warsaw (00-030).
- The Consumer has the following examples of out-of-court complaint and redress procedures: (1) an application for dispute resolution to a permanent amicable consumer court; (2) an application for out-of-court dispute resolution to a provincial inspector of the Commercial Inspection; or (3) the assistance of a district (municipal) consumer ombudsman or a social organisation whose statutory tasks include the protection of Consumers (inter alia the Federation of Consumers, the Association of Polish Consumers - Stowarzyszenie Konsumentów Polskich). Advice is provided, among other things, by email at porady@dlakonsumentow.pl and by calling the consumer helpline at 801 440 220 (helpline open weekdays, 8:00 - 18:00, call charge as per operator tariff).
- A platform for online dispute resolution between consumers and entrepreneurs at EU level (ODR platform) is available at http://ec.europa.eu/odr . The ODR platform is an interactive and multilingual website with a one-stop shop for consumers and businesses seeking out-of-court resolution of a dispute concerning contractual obligations arising from an online sales or service contract (for more information, see the website of the platform itself or the website address of the Office of Competition and Consumer Protection: https://polubowne.uokik.gov.pl/platforma-odr,161,pl.html).
15. ADDITIONAL PROVISIONS FOR ENTREPRENEURS
- This point 15. of the Terms and Conditions and all provisions contained therein are not addressed to and therefore do not bind Service Recipients who are Consumers, unless the application to such persons of the provisions contained in this section of the Terms and Conditions is not prohibited.
- The Service Provider is entitled to withdraw from the agreement concluded with the Service Recipient within 14 calendar days of its conclusion. Withdrawal from the agreement in this case can take place without giving any reason and does not give rise to any claims on the part of the Service Recipient against the Service Provider.
- The Service Provider is entitled to take action at any time to verify the truthfulness, reliability and accuracy of the information provided by the Service Recipient, in particular that provided during the creation of his/her Account in the Application or the addition of Digital Product offers. In terms of verification, the Service Provider is entitled, among other things, to request the Service Recipient to send a scan of any certificates, attestations or other documents necessary for verification. During the verification referred to in the previous sentence, the Service Provider is entitled to suspend the publication of its offers and to suspend the Account for the duration of the verification.
- Any delay or non-performance of the agreement by the Service Provider shall not constitute grounds for the Service Recipient to withdraw from the agreement or to claim compensation for losses incurred or other equivalent payments if the non-performance or improper performance of the agreement was caused by factors for which the Service Provider is not responsible and to which it did not contribute.
- In no event shall the Service Provider and its suppliers be liable for damages or infringements of third party rights caused directly or indirectly by the operation of the Application, including damages caused by: inability to use, interruptions in operation and any recurrent, incidental or special damage of any kind, including loss of profits or reduction in costs, whether or not a representative of the Service Provider has been informed of the possibility of such damage, or claims by third parties.
- The liability of the Service Provider towards the Service Recipient, irrespective of its legal basis, is limited - both as part of a single claim as well as for all claims in total - to the amount of the fees paid for the use of the Application services, but no more than PLN 500.00 (in words: five hundred zlotys). The limitation of the amount referred to in the preceding sentence shall apply to all claims made by the Service Recipient against the Service Provider. The Service Provider shall only be liable to the Service Recipient for typical damages foreseeable at the time of conclusion of the agreement for use of the Application and shall not be liable to the Service Recipient for lost profits.
- Any disputes arising between the Service Provider and the Service Recipient shall be submitted to the court having jurisdiction over the seat of the Service Provider.
16. INTERRUPTIONS IN OPERATION AND TECHNICAL FAILURES
- The Service Provider shall make reasonable efforts to ensure the correct and uninterrupted functioning of the Dronago Application and its Electronic Services. However, due to the complexity and sophistication of the Website and its Electronic Services, as well as due to external factors beyond the Service Provider's control (e.g. DDOS - distributed denial of service- attacks), it is possible that errors and technical failures may occur which prevent or restrict in any way the functioning of the Website, the Electronic Services and the Products. In such an event, the Service Provider will take all possible measures to ensure that the negative effects of such events are reduced as far as possible.
- The Service Provider shall inform the Service Recipients immediately of any errors and technical failures, referred to above, and of the expected date of their rectification.
- In addition to interruptions caused by technical errors and failures, there may also be other technical interruptions during which the Service Provider undertakes activities aimed at the development of the Application and its Electronic Services and their protection against technical errors and failures.
- The Service Provider schedules technical interruptions in such a way that they are as little disruptive to the Service Recipient as possible, in particular that they are scheduled for times with reduced traffic on the Application (e.g. night hours) and only for the time necessary for the Service Provider to perform the necessary actions. The Service Provider shall inform Service Recipients of planned technical interruptions well in advance, also indicating the expected duration of the planned interruption.
- The Service Provider shall not be liable to the Service Recipient for damages and non-fulfilment of obligations resulting from any technical errors and failures and technical interruptions referred to in this Section 16 of the T&C. The following point 16. of the Terms and Conditions are not intended to exclude or limit any of the statutory rights of the Service Recipient who is a Consumer, in particular with regard to complaints of improper performance.
17. DRONAGO APPLICATION COPYRIGHT
- The copyright and intellectual property rights in the Dronago Application as a whole and in its individual elements, including content, graphics, works, designs and signs available within it belong to the Service Provider or other authorised third parties and are protected by the provisions of the Copyright Law and other generally applicable laws. The protection granted to the Application covers all forms of its expression.
- The Application shall be treated like any other work subject to copyright protection. The Service Recipient is not entitled to copy the Application, except as permitted by mandatory law. The Service Recipient also undertakes not to modify, adapt, translate, decode, decompile, disassemble or in any other way attempt to determine the source code of the Application, except as permitted by mandatory law.
- The Service Recipient using the Application does not receive ownership of any copyright in the Application. The Service Recipient is granted only a non-transferable, worldwide and non-exclusive licence under the conditions specified in these Terms and Conditions to use the Application in a manner consistent with its purpose and subject matter, with these Terms and Conditions and in compliance with the law and morality, with due regard for the personal rights, personal data, copyrights and intellectual property of the Service Provider, other Service Recipients and third parties.
- Under the licence granted, the Service Recipient is entitled to use the Application in its mobile version by downloading, installing, permanently or temporarily reproducing it in the memory of the Service Recipient's mobile device, as well as reproducing, using and displaying the Application to the extent necessary to use all the functionalities and resources of the Application in accordance with its purpose and subject matter and exclusively for the Service Recipient's own personal use, including for business purposes, to the extent specified in these Terms and Conditions and the provisions of the Copyright Law, excluding use for commercial purposes.
- Any rights other than the above not expressly granted to the Service Recipient are reserved by the Service Provider, in particular the Service Recipient is not entitled to (1) distribute the Application, including the rental and lending of the Application or copies of the Application in any form; (2) sublicense the Application (including granting others access to use the Application), subject to clause (1). 5.8 of the Terms and Conditions ; (3) to market the Application, including lending or leasing; and (4) to interfere with the source code and structure of the Application (including making derivative works of the Application and distributing, sub-licensing or marketing such derivative works in any form).
- Individual elements of the Application may be subject to separate terms and conditions and licences of use, in which case the Service Recipient must also comply with these. The Service Provider also reserves the right to individually agree the licence terms with the Service Recipient by means of a separate agreement concerning the use of the Application and its Electronic Services.
- The Service Provider reserves the right to terminate this licence in the event of a breach by the Service Recipient, including in relation to the specific devices from which the breach occurred. Termination of a licence under this section of the Terms and Conditions may take place irrespective of any restriction, suspension or termination of services to the Service Recipient pursuant to the provisions of clause 11.2 of the T&C.
- Trademarks of the Service Provider and third parties should be used in accordance with applicable laws.
18. FINAL PROVISIONS
- Agreements concluded on the basis of these Terms and Conditions shall be concluded in the Polish language and in accordance with Polish laws. The Terms and Conditions may be made available by the Service Provider in other language versions - each translation is prepared with due care, but the Service Provider cannot guarantee that it is error-free. In the event of any discrepancies in the interpretation of the provisions of the Rules and Regulations resulting from differences between the translation and the original Polish version of the Rules and Regulations, the Polish version shall prevail. In the event of any doubt as to the interpretation of the Terms and Conditions, it shall be resolved by reference to the Polish language version available on the Dronago Application.
Amendments to the Terms and Conditions:
- The Service Provider reserves the right to make changes to these Regulations for important reasons, i.e.: changing the law; being subject to a legal or regulatory obligation; changing the scope or form of Electronic Services provided; adding new Electronic Services; developing the functionality and resources of the Application; changing the Price List; changing the methods and dates of payment; the need to counteract an unforeseen and immediate threat related to the protection of the Application, including Electronic Services and Service Recipients against fraud, malware, spam, data breach or other threats to cybersecurity; changing the Service Provider's data; improving the quality of service for Service Recipients – to the extent that these changes affect the implementation of the provisions of these Regulations.
- Notice of proposed changes shall be sent at least 15 days in advance of the effective date of such changes, provided that a change may be made without complying with the 15-day notice period where the Service Provider: (1) is subject to a legal or regulatory obligation under which it is required to amend its Terms of Service in a manner that prevents it from complying with the 15-day notice period; or (2) needs to amend its Terms of Service on an exceptional basis to address an unforeseen and imminent threat related to the protection of the Application, including the Electronic Services and Service Recipients from fraud, malware, spam, data breaches or other cyber security threats. In the last two cases referred to in the previous sentence, the implementation of the changes shall take place with immediate effect, unless a longer implementation period is possible or necessary, which shall be notified in each case by the Service Provider.
- In the case of agreements of a continuing nature (e.g. use of an Account), the Service Recipient has the right to terminate the agreement with the Service Provider before the expiry of the notice period for proposed changes. Such termination shall take effect within 15 days of the date of receipt of the notification. In the case of the conclusion of a continuing agreement, the amended Terms and Conditions shall be binding on the Service Recipient if he has been duly notified of the changes in accordance with the notification period prior to their introduction and has not terminated the agreement during this period. In addition, at any time after receipt of the notification of changes, the Service Recipient may accept the changes being made and thus opt out of the further notification period. In the case of the conclusion of an agreement of a nature other than a continuing agreement, the amendments to the Terms and Conditions will in no way affect the rights acquired by the Service Recipient prior to the effective date of the amendments to the Terms and Conditions.
- In the event that an amendment to the Terms and Conditions results in the introduction of any new fees or an increase in the current fees, the consumer has the right to withdraw from the contract.
- In matters not covered by these Regulations, the generally applicable provisions of Polish law shall apply, in particular: Civil Code; Act of 18 July 2002 on the provision of electronic services (Journal of Laws 2002 No. 144, item 1204, as amended);Consumer Rights Act; Copyright and other relevant provisions of generally applicable law.
- Any disputes between the Service Recipient and the Service Provider that may arise from these Terms and Conditions and agreements concluded through the Dronago Application, if they cannot be resolved amicably, will be submitted to the jurisdiction of the Polish courts. The reservation referred to in the preceding sentence shall not exclude or limit any mandatory rights of the Consumer with regard to the choice of jurisdiction granted to him under national law, EU law or provisions of international agreements, which cannot be excluded by these Terms and Conditions.
- These Terms and Conditions do not exclude the provisions applicable in the country of habitual residence of the Consumer concluding an agreement with the Service Provider, which cannot be excluded by the agreement. In such a case, the Service Provider guarantees the Consumer the protection afforded to him or her on the basis of provisions that cannot be excluded by means of an agreement.
19. MODEL WITHDRAWAL FORM (ANNEX 2 TO THE CONSUMER RIGHTS ACT)
Model withdrawal form
(this form should only be completed and returned to the Service Provider if you wish to withdraw from the Agreement)
- Addressee:
[enter the name of the entrepreneur, a full postal address and, if available, an e-mail address here]
- I/We(*) hereby give notice(*) of my/our withdrawal from the agreement for the sale of the following goods(*) the agreement for the supply of the following goods(*) the agreement for the performance of the following goods(*)/the agreement for the provision of the following service(*)
- Date of Agreement(*)/receipt(*)
- Name and surname of consumer(s):
- Address of consumer(s):
- Signature of the consumer(s) (only if the form is sent in paper version)
- Date
(*) Cross out / delete as appropriate
Thank you for carefully reading our Terms and Conditions!
If you have any questions, feel free to contact us.
You are welcome to use our application
Dronago Application Team
Appendix 1 to the Terms and Conditions
PRIVACY POLICY
OF THE DRONAGO APP
Please read this privacy policy carefully. The Privacy Policy sets out the rules regarding the processing of personal data collected and processed during the use of the Dronago Application by the Service Recipient.
1. GENERAL PROVISIONS
- This Application privacy policy is for information purposes only, which means that it does not create obligations for Application Service Recipient. The Privacy Policy primarily contains the principles relating to the Controller's processing of personal data in the Application, including the grounds, purposes and duration of the processing of personal data and the rights of data subjects.
- The Controller of the personal data collected through the Application is OMNIDOS PROSTA SPÓŁKA AKCYJNA with its registered office in Lublin (registered office address: ul. Frezerów 3, 20-209 Lublin and address for correspondence: ul. Frezerów 3, 20-209 Lublin), entered in the Register of Entrepreneurs of the National Court Register under KRS no.: 0001044290; register court where the company's documentation is kept: District Court Lublin - Wschód in Lublin with registered office in Świdnik, VI Economic Division of the National Court Register; share capital amounting to: PLN 1000.00 fully paid up; NIP 5372675228, REGON 525687170, e-mail address: contact@dronago.com and telephone number: +48453220980 hereinafter referred to as the "Controller" and being at the same time the Service Provider of the Dronago Application.
- Personal data in the Application is processed by the Controller in accordance with applicable law, in particular in accordance with the Regulation of the European Parliament and Council (EU) 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and the free movement of such data, and repealing of Directive 95/46/EC (General Data Protection Regulation) - hereinafter referred to as "GDPR" or "GDPR Regulation". The official text of GDPR Regulations: http://eur-lex.europa.eu/legal-content/PL/TXT/?uri=CELEX%3A32016R0679.
- The use of the Dronago Application, including making purchases, is voluntary. Likewise, the related provision of personal data by the Service Recipient using the Dronago Application is voluntary, subject to two exceptions: (1) conclusion of an agreement - failure to provide, in the cases and to the extent indicated in the Dronago Application and in the Dronago Application Terms and Conditions and this Privacy Policy, the personal data necessary to conclude an agreement for the use of the Application or individual Electronic Services (e.g. registration of an Account) results in the inability of the Service Recipient to conclude an agreement and to use the services of the Application. The provision of personal data is in this case a contractual requirement and if the data subject wishes to use the relevant Electronic Service available on the Application, he or she is obliged to provide the required data. Each time the scope of data required to use certain services of the Application is indicated in advance in the Dronago Application and in the Dronago Application Terms and Conditions; (2) the Controller's statutory obligations - providing personal data is a statutory requirement resulting from generally applicable laws imposing an obligation on the Controller to process personal data (e.g. for the purpose of bookkeeping) and failure to provide such data will prevent the Controller from fulfilling these obligations.
- The Controller takes special care to protect the interests of persons to whom the personal data processed relates, and in particular is responsible and ensures that the collected data is: (1) processed in accordance with the law; (2) collected for specified, legitimate purposes and not subjected to further processing incompatible with those purposes; (3) factually correct and adequate in relation to the purposes for which it is processed; (4) stored in a form that allows identification of the persons it concerns, no longer than necessary to achieve the purpose of processing, and (5) processed in a way that ensures adequate security of personal data, including protection against unauthorised or unlawful processing and accidental loss, destruction or damage, by appropriate technical or organisational measures.
- Having regard to the nature, scope, context, and purposes of the processing and the risk of violation of the rights or freedoms of natural persons of varying probability and seriousness, the Controller shall implement appropriate technical and organisational measures to ensure that the processing is carried out in accordance with the GDPR and to be able to demonstrate this. Those measures shall be reviewed and updated when necessary. The Data Controller shall use technical measures that prevent unauthorised persons from acquiring and modifying data transferred by electronic means.
- All words, phrases, and acronyms appearing in this privacy policy and starting with a capital letter (e.g. Electronic Service, Service Recipient, Application) shall be understood as they are defined in the Dronago Application Rules.
2. THE BASIS OF DATA PROCESSING
- The Controller is entitled to process personal data in cases where - and to the extent to which - at least one of the following conditions is met: (1) the data subject has consented to the processing of their personal data for one or more specific purposes ; (2) processing is necessary to perform an agreement in which the data subject is a contracting party or to take action at the request of the data subject before the agreement conclusion; (3) processing is necessary to fulfil the legal obligation which is incumbent on the Controller; or (4) processing is necessary for purposes arising from legitimate interests pursued by the Controller or by a third party, except for situations where these interests are overridden by interests or fundamental rights and freedoms of the data subject, requiring personal data protection, in particular if the data subject is a child.
- The processing of personal data by the Controller always requires the occurrence of at least one of the situations indicated in point 2.1 of the privacy policy. The specific grounds for the Controller's processing of the personal data of Dronago Application Service Recipients are indicated in the next section of the Privacy Policy - with reference to the relevant purpose of the Controller's processing of personal data.
3. PURPOSE, BASIS, AND TERM OF DATA PROCESSING IN THE APPLICATION
- In each case, the purpose, basis and period and recipients of the personal data processed by the Controller result from the activities undertaken by the relevant Service Recipient in the Application.
The Controller may process personal data in the Application for the following purposes, on the grounds and for the periods indicated in the table below:
Purpose of data processing | Legal basis of data processing | Data storage period |
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Performing an agreement for the use of the Application and its Electronic Services or any other agreement, or taking action at the request of the data subject prior to entering into an agreement | Article 6, sec. 1(b) of the GDPR Regulation (agreement) - the processing is necessary for the performance of a agreement to which the data subject is party or to take steps at the request of the data subject prior to entering into a agreement | The data is stored for the period necessary to perform, terminate or otherwise end the agreement. |
Direct Marketing | Article 6, sec. 1) (f) of the GDPR (legitimate interest of the Controller) – processing is necessary for the purposes resulting from the Controller's legitimate interests – consisting in taking care of the Controller's interests and good image of the Controller's Company and its Application | The data is stored for the duration of the legitimate interest pursued by the Data Controller but no longer than for the period of limitation of claims against the data subject, in virtue of the Data Controller's business activity. The limitation period is determined by provisions of the law, in particular of the Civil Code (the basic limitation period is three years for claims connected with the conduct of business activities). The Controller may not process data for direct marketing purposes if the data subject has successfully objected to it. |
Marketing | Article 6, sec. 1(a) of the GDPR Regulation (consent) - the data subject has consented to the processing of his/her personal data in order to receive marketing information from the Controller (e.g. within the Newsletter) | The data is stored until the data subject withdraws their consent for further processing of their data for this purpose. |
Bookkeeping | Article 6, sec. 1(c) of the GDPR Regulation (legal obligation) in conjunction with Art. 74 section 2 of the Accounting Act, i.e. the Act of 30 January 2018 (Journal of Laws of 2018, item 395 as amended) - processing is necessary for compliance with a legal obligation to which the Controller is subject | The data is stored for the period required by provisions of the law requiring the Data Controller to store financial books (5 years from the start of the year following the turnover year to which the data relates). |
Establishment, exercise or defence of legal claims which may be raised by or against the Data Controller | Article 6(1). (f) of the GDPR Regulation (legitimate interest of the Controller) - the processing is necessary for purposes deriving from the Controller's legitimate interests - consisting of establishing, asserting or defending claims, which the Controller may raise or which may be raised against the Controller | The data is stored for the duration of the legitimate interest pursued by the Data Controller but no longer than for the period of limitation of claims that may be raised against the Data Controller (the basic limitation period for claims against the Data Controller is six years). |
Using the Application and ensuring its proper operation | Article 6, sec. 1) (f) of the GDPR (legitimate interest of the Controller) – processing is necessary for the purposes resulting from the Controller's legitimate interests – consisting in running and maintaining the Application | The data is stored for the duration of the legitimate interest pursued by the Data Controller but no longer than for the period of limitation of claims against the data subject, in virtue of the Data Controller's business activity. The limitation period is determined by provisions of the law, in particular of the Civil Code (the basic limitation period is three years for claims connected with the conduct of business activities). |
Conducting statistics and analysis of traffic in the Application | Article 6, sec. 1(f) of the GDPR (legitimate interest of the Controller) – processing is necessary for the purposes resulting from the Controller's legitimate interests – consisting in conducting statistics and analysis of traffic in the Application in order to improve the functioning of the Application | The data is stored for the duration of the legitimate interest pursued by the Data Controller but no longer than for the period of limitation of claims against the data subject, in virtue of the Data Controller's business activity. The limitation period is determined by provisions of the law, in particular of the Civil Code (the basic limitation period is three years for claims connected with the conduct of business activities). |
4. DATA RECIPIENTS IN THE APPLICATION
- For the proper functioning of the Dronago Application, including the provision of Electronic Services, it is necessary for the Controller to use the services of third parties (such as e.g. software provider, payment processor). The Controller uses only the services of processing entities that provide sufficient guarantees to implement the appropriate technical and organisational measures so that the processing meets the requirements of the GDPR Regulation and protects the rights of the data subjects.
- Personal data may be transferred by the Controller to a third country, in which case the Controller shall ensure that this is done in accordance with the RODO Regulation in relation to the country providing an adequate level of protection and, in the case of other countries, on the basis of standard data protection clauses, and the data subject shall be able to obtain a copy of their data. The Data Controller shall provide the collected personal data only if and to the extent necessary to fulfil the respective purpose of the processing in accordance with this privacy policy.
- Data is not transferred by the Controller in each case and it is not transferred to all recipients or categories of recipients indicated in the privacy policy – the Controller provides data only when it is necessary for the purpose of processing personal data and only to the extent necessary to achieve it.
Personal data of Dronago Application Service Recipients may be transferred to the following recipients or categories of recipients:
- Entities handling electronic or payment card payments - in the case of a Service Recipient who makes any payments in the Application (e.g. purchase of Digital Products) and uses electronic or payment card payments for this purpose, the Controller shall make the collected personal data of the Service Recipient available to the selected entity handling the above payments in the Application on behalf of the Controller to the extent necessary to handle the payment made by the Service Recipient.
- Accounting, legal and advisory service providers providing accounting, legal or advisory support to the Controller (in particular, an accounting office, a law firm or a debt collection company) - The Controller shall make the collected personal data of the Service Recipient available to the selected provider acting on its behalf only in the case and to the extent necessary to fulfil the given purpose of data processing in accordance with this Privacy Policy.
- service providers supplying the Controller with technical, IT and organisational solutions enabling the Controller to operate and maintain the Application and to provide Electronic Services (in particular, computer software providers for running the Dronago Application, email and hosting providers and software providers for business management and technical support to the Controller) - the Controller shall make the collected personal data of the Service Recipient available to the selected provider acting on its behalf only in the case and to the extent necessary for the fulfilment of the given purpose of data processing in accordance with this Privacy Policy.
providers of social plug-ins, scripts and other similar tools placed on the Application to enable the Application to retrieve content from the providers of said plug-ins (e.g. logging in using the login details of a social networking site) and to transmit the personal data of the visitor to, including to these providers for this purpose:
- Meta Platforms Ireland Ltd. - The Controller may use Facebook social plug-ins on the Application (e.g. logging in using Facebook login details) and therefore collects and shares the personal data of the Service Recipient using the Application with Meta Platforms Ireland Ltd. (4 Grand Canal Square, Grand Canal Harbour, Dublin 2 Ireland) to the extent and in accordance with the privacy policy available here: https://www.facebook.com/about/privacy/ (this data includes information about your activities on the App - including information about your device, sites you visit, purchases you make, ads you see and how you use the services).
- Google Ireland Ltd. - The Controller may use Google service plug-ins in the Application (e.g. logging in using Google login data) and therefore collects and shares the personal data of the Service Recipient using the Application with Google Ireland Ltd. (Gordon House, Barrow Street, Dublin 4, Ireland) to the extent and in accordance with the privacy policy available here: https://policies.google.com/privacy?hl=pl (this data includes information about your activities on the App - including information about your device, sites you visit, purchases you make, ads you see and how you use the services).
5. PROFILING IN THE APPLICATION
- The GDPR Regulation requires the Controller to inform about automated decision-making, including profiling, referred to in article 22 (1) and (4) of the GDPR, and - at least in such cases - important information about the principles of making such decisions as well as the importance and anticipated consequences of such processing for the data subject. With this in mind, the Controller provides information on possible profiling in this section of the privacy policy.
- The Controller may use profiling in the Application for direct marketing purposes, but the decisions made by the Controller on the basis of this profiling do not relate to the conclusion or refusal of an agreement (e.g. with regard to the activation of a Subscription) or the possibility of using the Electronic Services in the Application. The effect of using profiling may be, for example, to remind the person of unfinished actions in the App, to grant a discount, to send an offer that may match the person's interests or preferences, or to offer better conditions compared to the App's standard offer. Despite the profiling, it is up to the individual to decide freely whether he or she wishes to take advantage of, for example, a discount or offer received in this way.
- Profiling in the Application consists of the automatic analysis or prediction of a person's behaviour within the Dronago Application, e.g. by analysing the previous history of activities or purchases in the Application. The condition for such profiling is that the Controller has the personal data of the person in question in order to be able to subsequently send him or her, for example, an offer or a discount.
- The data subject shall have the right not to be subject to a decision which is based solely on automated processing, including profiling, and has a legal effect or substantially affects the person in a similar way.
6. RIGHTS OF THE DATA SUBJECT
- Right of access, rectification, restriction, erasure or portability - The data subject has the right to request from the Controller access to his/her personal data, rectification, erasure ("right to be forgotten") or restriction of processing and has the right to object to the processing and has the right to data portability. Detailed conditions for the exercise of the aforesaid rights are set forth in Articles 15–21 of the GDPR.
- The right to withdraw consent at any time - the person whose data is processed by the Controller on the basis of consent (pursuant to Art. 6 sec. 1 (a) or Art. 9 sec. 2(a) of the GDPR Regulation), has the right to withdraw their consent at any time without affecting the lawfulness of the processing carried out on the basis of the consent prior to its withdrawal.
- Right to lodge a complaint with a supervisory authority - the person whose data is processed by the Controller has the right to lodge a complaint with a supervisory authority in the manner and mode specified in the provisions of the GDPR Regulation and Polish law, in particular the Personal Data Protection Act. The President of the Personal Data Protection Office is the supervisory authority in Poland.
- Right to object - The data subject has the right to object at any time, on grounds relating to his or her particular situation, to the processing of personal data concerning him or her based on Art. 6 sec. (1) (e) (public interest or public task) or (f) (legitimate interest of the Controller), including profiling based on these provisions. The Data Controller shall no longer process the personal data unless the controller demonstrates compelling legitimate grounds for the processing which override the interests, rights, and freedoms of the data subject or for the establishment, exercise or defence of legal claims.
- Right to object to direct marketing - where personal data is processed for the purposes of direct marketing, the data subject has the right to object at any time to the processing of personal data concerning them for such marketing, including profiling, to the extent that the processing is related to such direct marketing.
- In order to exercise the rights referred to in this point of the privacy policy, you can contact the Controller by sending an appropriate message in writing or by e-mail to the Controller's address indicated at the beginning of the privacy policy.
7. COOKIES AND ANALYTICS
- Cookies are small textual information in the form of text files sent by a server and stored on the side of the visitor to the webpage of the Application in the browser version (e.g. on the hard drive of a computer, laptop or on the memory card of a smartphone - depending on which device the visitor to the Application uses). Detailed information on cookies and the history of their creation can be found, among other sources, here: https://pl.wikipedia.org/wiki/HTTP_cookie.
- The Controller may provide a tool on the Application's website to easily and proactively manage Cookies - available when you first access the website and then, when you close it, accessible at the bottom of the page. Active management allows, among other things, to check what Cookies are or can be saved when using the website, as well as to select and subsequently change the scope and purposes of the use of Cookies in relation to the device and the visitor to the website. When starting to use the website, the visitor will be asked to select their cookie settings. It is possible to change them later by changing the settings within this tool available on the website.
- Below, the Controller provides a series of information on the use of cookies on the Application website, their types and purposes of use and their management using, for example, the settings of the web browser and/or the cookie management tool available on the website. The Controller encourages the use of the cookie management tool available on the website, which allows for easy and proactive management of cookies while using the website, or, if it is not available, to read the following information on, among other things, managing cookies from the browser.
The cookies that may be sent by the Application website can be divided into different types, according to the following criteria:
Due to their supplier: - own (created by the Controller's Application page) and
- belonging to persons / third parties (other than the Controller)
| Due to their storage period on the device of the App visitor: - session (stored until you log out or leave the Application website, including switching off your web browser) and
- permanent (stored for a specified period of time, defined by the parameters of each file or until they are manually deleted)
| Due to the purpose of their use: - necessary (to enable the proper functioning of the Application page),
- functional/preferential (allowing the Application page to be customised to the visitor's preferences),
- analytics and performance (gathering information about how the Application website is used),
- marketing, advertising and social media (which collects information about a visitor to the App site for the purpose of displaying advertisements to that person, personalising them and carrying out other marketing activities, including on websites separate from the App site, such as social media sites or other sites belonging to the same advertising network as the App)
|
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The Controller may process the data contained in Cookies when visitors use the Application website for the following specific purposes:
- Identify Users as logged in to the Application and show that they are logged in (essential cookies)
- storing data from completed forms or surveys (essential and/or functional/preference cookies)
- to adapt the content of the website to the individual preferences of the Users (e.g. concerning colours, font size, page layout) and to optimise the use of the Application pages (functional/preference cookies)
- keep anonymous statistics on how the Application website is used (analytical and performance cookies)
- to display and render advertisements, to limit the number of times advertisements are displayed and to ignore advertisements that a person does not wish to see, to measure the effectiveness of advertisements, and to personalise advertisements, i.e. to study the behavioural characteristics of visitors to the Application through anonymous analysis of their actions (e.g. repeated visits to certain pages, keywords, etc.) in order to create their profile and to provide them with advertisements tailored to their anticipated interests, also when they visit other websites on the advertising network of Google Ireland Ltd. or Meta Platforms Ireland Ltd. (marketing, advertising and social media cookies)
- It is possible, for example, to check which Cookies are being sent at any given time by the Application website, independently of your web browser, using the tools available at: https://www.cookiemetrix.pl or https://www.cookie-checker.com.
- Normally, most web browsers available accept Cookies by default. Everyone can define the terms of using Cookies via their web browser settings. This means that you can, for example, partially limit (e.g. temporarily) or completely disable the possibility of saving cookies – in the latter case, however, it may affect some of the functionalities of the Application.
Your browser settings regarding cookies are relevant for your consent to the use of cookies by the Application website - in accordance with the regulations, such consent can also be given via your browser settings. Detailed information on changes of settings concerning Cookies and clearing Cookies in the most popular web browsers is available in the help section of each web browser and on the following websites (you only need to click on the selected link):
- The Controller may use Google Analytics and Firebase Crashlytics services provided by Google Ireland Limited (Gordon House, Barrow Street, Dublin 4, Ireland) on the Application. These services help the Controller to keep statistics, analyse traffic and monitor errors in the operation of the Application. The data collected is processed as part of the aforementioned services to generate statistics to help administer the Application, analyse traffic on the Application or improve the quality of service and safety for those using the Application. These data are aggregated. When using the above services on the Application, the Controller collects data such as the sources and medium of acquisition of visitors to the Application and how they behave on the Application, information on the devices from which they visit the Application, IP address, geographical data and demographic data (age, gender) and interests.
- In connection with the possibility for the Controller to use in the Application analytical and advertising services provided by Google Ireland Ltd., the Controller indicates that full information on the rules of processing data of visitors to the Application by Google Ireland Ltd. (including data stored in Cookies) can be found in the privacy policy of Google services at the following Internet address: https://policies.google.com/technologies/partner-sites.
8. FINAL PROVISIONS
The Application may contain links to other websites or applications. After going to other websites, the Controller encourages Users to familiarise themselves with the privacy policy. This privacy policy applies only to the Controller's Application.