Regulations - social media

Rules of running profiles on social networking portals

 

§ 1 - General provisions

1. These Rules for running profiles on social networking portals, hereinafter referred to as the Rules, define the terms and conditions of the basis of which Ms. Katarzyna Gruszka carrying out business activities under the business name of Katarzyna Gruszka with its registered office in Krakow (31-006), 3 Grodzka Street, Tax Identification Number [NIP] 5730250798, Statistical Number [REGON] 150933037 ( ”Controller [Administrator]”) runs profiles on social networking portals, hereinafter referred to as the profiles, as well as terms and conditions of using these profiles by their visitors.

2. Whenever the Rules refer to: 

- User -  they are to be understood as a person visiting the profile after having previously logged in to the social networking portal;
- moderator – they are to be understood as the person/s designated by the Controller responsible for running the profile, and in particular for the proper functioning of the Rules and the supervision of its compliance by the Users;
- content – it is to be understood as any statements, materials, information and data (text, graphic, audiovisual or expressed in a different manner) posted on profiles.

3. Content is available to people who have access to the Internet, equipped with commonly used internet browsers and registered on a given social networking portal.

 

§ 2 - Objectives of running profiles on social networking portals

1. The objective of running profiles is to provide for the marketing the Controller's [Administrator’s] services. 

 

§ 3 - Publishing information on profiles

1. The moderator and users have the right to add posts, comments and to create new threads on profiles on a voluntary basis.

2. The content posted on the profiles is not the information that affects the legal or factual situation of the Controller [Administrator] and third parties.

3. The moderator is not responsible: 

- for the substantive value as well as form and content of the users' statements (the moderator does not edit these statements);
- for the truth and reliability of content posted on profiles by users;
- for content posted by the user violating the principles of paragraph 4, towards the third parties .

4. The user who publishes content on the profiles is responsible for their accuracy and for the fact that they do not violate any rights of third parties, in particular copyrights, personal rights or property rights or the image or rules of fair competition.

5. Users are not allowed to post content on their profile pages containing: 

- expressions commonly regarded as offensive or otherwise violating the law or good manners and rules of netiquette;
- advertising materials or other materials containing commercial content (without a prior consent of the Controller [Administrator]);
- materials harmful to profiles, to the moderator or to the other user, as long as they violate the law or good manners, in particular when they are untrue or unreliable;
- materials which are not related with the profiles’ subject matter.

6. Moderator, having regard to section 5, reserves himself the right to immediately delete statements and other content (in whole or in part), which:

-  violate legally protected rights of other users or third parties, including privacy, copyrights, personal rights or property rights or the image or principles of netiquette;
-  contain electronic content regarded as unwanted or unnecessary (the so-called spam), being content reminiscent of messages or announcements;
-  constitute the dissemination of pornographic, racist, xenophobic content, etc;
-  constitute advertisements or promotion of economic activity or constitute material of a commercial nature;
-  violate the Polish or international law, good practices (decency), moral norms, offend dignity or violate personal rights of others, support radical social attitudes or proclaim such views
(racial, ethnic discrimination, discrimination with regards to gender, religion and other), are vulgar or directed against a specific natural or legal person;
-  are not related to thematically;
-  prevent, significantly hinder or destabilize the operation of profiles and other users’ possibility of making use of them; 
-  are not of substantive nature or are published repeatedly.

7. Users publishing on profiles are not entitled to any remuneration in any form.

8. The user has the right to use profiles, in particular to: 

- remove or to change the content posted by them, as long as the technical conditions of a given social networking portal allow it;
- exchange information with other users. 

9. The moderator has the right to: 

- make the user's comments publicly available on profiles without time limits in such a way that other users have access to them;
- publish and to disseminate selected statements of the user;
- remove the content referred to in section 6, and in special cases also to limit access to profiles to persons and entities that hamper their functioning and act to their disadvantage.

 

§ 4 - Supervision and responsibility for running profiles

1. The moderator supervises the content of the profiles.

2. The supervision referred to in section 1, consists primarily in verifying the compliance of the posted content with the applicable law and these Rules.

3. The Administrator is not responsible for: 

- unavailability or change of content of internet links to sources placed on profiles;
- interruptions in the functioning of profiles which occur for technical reasons and / or for reasons independent of the Controller [Administrator];
- delays in the operation of profiles or for damage caused as a result of third party interference, faulty operation of external factors and of other systems (e.g. telecommunications networks) independent of the Controller [Administrator];
- user damages caused by online threats such as hacking into the system, virus infections to the user's network system and the like;
- unlawful distribution, plagiarism or inappropriate use by third parties of the content presented.

4. The Controller [Administrator] informs that the use of profiles and the content provided by them is at the sole risk of the user. All information and materials contained therein are not covered by the guarantee as to their value, suitability, completeness or usability.

5. The Controller [Administrator] reserves himself the following: 

- the right to any modification of resources, tools and the way profiles work; users are not entitled to any claims against the Controller [Administrator] in that respect;
- the right to unilaterally amend the Rules without having to justify the reason for such a change; all changes become effective from the moment they are published on profiles. 

 

§ 5 - Processing of personal data

1. The Controller [Administrator] collects and processes the following personal data of users: the first name, the last name (nickname), an avatar, a photograph.

2. The purposes of personal data processing arise from legitimate interests pursued by the Administrator, i.e. direct marketing of its services, information purposes.

3. The processing is based on the consent of the data subject. The User's personal data will be processed until the consent is withdrawn.

4. The provision of personal data is voluntary. 

5. Personal data will not be transferred to other recipients or to a third country or to international organizations.

6. Data collected within profiles will not be sold or made available to other institutions or organizations or persons who are not employees or permanent collaborators of the Controller [Administrator].

7. Personal data is not subject to profiling.

8. The Administrator provides Users with the possibility to exercise rights arising from the Telecommunications Law and Art. 32 of the Act of 29 August 1997 on the Protection of Personal Data (Journal of Laws of 2002 No. 101, item 926, as amended), as well as of Regulation of the European Parliament and of the Council (EU) 2016/679 of 27/04/2016, in particular: the right to inspect and correct their data, the right to delete data (to be forgotten) or to limit (restrict) their processing, the right to object to data processing for purposes other than those indicated above, the right to data transfer, the right to withdraw consent at any time, the right to lodge a complaint to the supervisory body, which is the President of the Personal Data Protection Office. Please send statements regarding the implementation of the above-mentioned  rights and any comments to the e-mail address: apartments@scharffenberg.pl .

 

§ 6 - Final Provisions

1. In matters not covered by the Rules, the provisions of the Polish Civil Code and of the Act on Providing Services by Electronic Means apply in particular.

2. The Rules enter into force on 25/05/2018.

3. Comments and remarks on the functioning of profiles may be reported via email or by phone. The current contact details of the moderator are available on profile pages.