- Definitions of terms used in the Regulations:
- the Act – the Act on provision of services by electronic means of July 18, 2002 (Journal of Laws of 2002 No. 144, item 1204),
- information and communication system – a set of cooperating IT devices and software, ensuring processing and storage, as well as sending and receiving data via telecommunication networks by means of a terminal device appropriate for the type of network, as defined by the Telecommunications Law,
- services provided electronically – the performance of a service, which is carried out by sending and receiving data via data communications systems, at the individual request of the Service Recipient, without the simultaneous presence of the parties, while the data are transmitted via public networks within the meaning of the Telecommunications Law,
- means of electronic communication – technical solutions, including ICT devices and cooperating software tools, allowing individual communication at a distance using data transmission between ICT systems, in particular electronic mail,
- service provider – Centrum Analiz Branżowych Robert Klos, 22/110 Turmoncka Street, 03-254 Warsaw, Poland
- Recipient – the subject using the services of the Service Provider who is a party to the contract for the provision of services being a natural person, legal person or organizational unit without legal personality, who undertakes to comply with these Regulations. A customer is also an entity that orders the provision of certain services electronically under the terms and conditions set forth below.
- Agreeing to abide by these regulations at the launch of the service, using the website, is tantamount to full acceptance of the terms and conditions of the regulations without the need to draw up a separate agreement.
Types and scope of services provided electronically The Service Provider shall provide services electronically, and in particular:
- allows the use of websites on the service provider’s domains.
- makes it possible to get acquainted with the content presented on the Service Provider’s domains, including informational content of various topics and promotional and advertising content concerning the Service Provider’s products and services and/or those of third parties; the content is provided for a fee and free of charge.
- on some of the domains, it allows Service Recipients to self-present and distribute content from them, as well as to communicate.
- operates online stores on some of the domains.
- Enables the creation and use of personalized accounts on websites where it makes its products available to Service Recipients.
- Enables the creation and use of a mobile account, where it makes its products available to the Service Recipient.
- Enables ordering of services electronically (email correspondence) and by telephone.
- sends specimen copies electronically and by mail depending on the order of the Service Recipient.
- Sends commercial information electronically (newsletter).
- Sends content by electronic means (newsletter).
- provides subscription services.
Conditions for providing services by electronic means
- The Service Provider shall provide services to the Service Recipient to the extent and under the conditions set forth in these Terms and Conditions, a separate offer, terms and conditions or agreement for a particular domain or service and an individual offer, if such has been submitted and accepted by the Service Recipient.
- the Service Provider shall provide the Client with the possibility of using the service provided electronically anonymously or using a pseudonym.
- the recipient undertakes to comply with these regulations.
- the recipient is obliged not to provide by or to the Service Provider’s ICT systems the following content:
- causing a disturbance or overload of the ICT systems of the Service Provider or other entities directly or indirectly involved in the provision of electronic services,
- of an unlawful nature: violating the welfare of third parties, generally accepted social norms or inconsistent with generally applicable laws.
- A Service Provider who has received official notice of the unlawful nature of stored data provided by a Service Recipient and prevented access to such data shall not be liable to that Service Recipient for damages arising as a result of the prevention of access to such data.
- the Service Provider, who has obtained reliable knowledge of the unlawful nature of the stored data provided by the Client and prevented access to such data, shall not be liable to that Service Recipient for damages arising from the prevention of access to such data, if the Service Provider has promptly notified the Service Recipient of its intention to prevent access to such data
- The Service Provider reserves the right to carry out maintenance work on the ICT system, which may cause difficulties or prevent Service Recipients from using the services. The dates of the works and their expected duration will be published on the Service Provider’s website prior to the start of the works.
- In special cases affecting the security or stability of the ICT system, the Service Provider has the right to temporarily discontinue or limit the provision of services, without prior notice and carry out maintenance work aimed at restoring the security and stability of the ICT system.
- Access to information, about changes in the manner and scope of the provision of services by the Service Provider and to information about specific risks associated with the use of the service provided electronically and the function and purpose of software or data that are not component of the content of the service, entered by the Service Provider into the information and communication system used by the recipient of the service, the Service Provider will be implemented through the website and/or through the guide transmitted by e mail.
- Detailed technical requirements necessary for cooperation with the Service Provider’s ICT system are contained in Appendix 1 to these Regulations.
Conditions for conclusion and termination of contracts
- The conclusion of a contract for the provision of Services by electronic means shall occur through one of the following actions:
- use of websites on the Service Provider’s domains.
- registration and use of personalized accounts in the Provider’s websites; some of the content and services are available only to registered Customers, access to some content and services is only for a fee, including through the purchase of a subscription to a particular magazine, the conclusion of an agreement for the use of additional content including through the completion of a web form and payment of a fee.
- setting up and using a mobile account, where the Service Provider makes its products available to the Service Recipient,
- placing an order for services electronically (email correspondence) and by telephone,
- registration in the Service Provider’s newsletters.
- registration in the online store.
- Unless otherwise indicated in the course of registration or ordering a particular service, the Service Provider undertakes to begin providing services no later than 3 working days from the date of conclusion of the contract.
- The Client may at any time resign from using the services or make changes to his/her settings by directly contacting the Service Provider by e-mail or telephone, or by changing the setting in the user profile on the website – depending on the product in question. The termination of the contract for the provision of services by electronic means does not affect the validity of the obligations of the parties under separate terms and conditions or concluded contracts, including the Client’s obligation to pay for a specific range of services or time. In particular, the cancellation of services does not entitle the Service Recipient to claim a refund of the remuneration paid, unless separate terms and conditions provide otherwise.
- Promotional or commercial information shall be deemed to have been ordered if the Client has consented to receive such information, in particular, has provided an electronic address identifying him for this purpose.
- The Customer may at any time opt out of receiving commercial information via the Website or by direct contact via e-mail or telephone.
- The cancellation referred to in item. 2 is tantamount to termination of the agreement on provision of services by electronic means in the form of sending commercial information.
- Complaints may be filed on account of:
- failure, through the fault of the Service Provider, to meet the deadline specified in the contract for the commencement of services to the Customer,
- non-performance, improper performance of services or defective billing.
- Complaint to be considered must be in writing and filed within 30 days from the date on which the service was performed or was to be performed.
- A complaint about the non-performance or improper performance of services must include, in particular, its subject and the circumstances justifying it.
- The Service Provider shall consider complaints within 14 days, counting from the day the complaint is filed. If the complaint cannot be considered within this time, the Service Provider shall notify the complainant in writing within this period of time of the reasons for the delay and the expected date for consideration of the complaint.
- In case of violation of the terms of the complaint procedure, the complaint may not be recognized. The above does not exclude the possibility of the Service Recipient who is a consumer to pursue claims through legal proceedings.
Processing of personal data
- The administrator of the personal data of the Service Recipients is the Service Provider – CENTER OF BRANCH ANALYSIS Robert Klos, 22/110 Turmoncka Street, 03-254 Warsaw NIP: 1250061405, REGON: 010721973. The name of the register in which the company is registered is the Center for Registration and Information of Economic Activity. The name of the body keeping the register in which the company is entered is the Business Activity Register kept by the Mayor of Radzymin.
- The processing of personal data shall be carried out in accordance with the principles set forth in the Regulation of the European Parliament and of the Council (EU) 2016/679 of April 27, 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and the repeal of Directive 95/46/EC (hereinafter referred to as the “Regulation”), the Act on the provision of electronic services and the provisions of these Regulations.
- The Customer may contact the Data Protection Officer by writing to: firstname.lastname@example.org
- The provision of personal data is voluntary, and the processing of personal data takes place:
- in order to implement the provisions of the law,
- for the purpose of contract execution,
- for the purpose of promotional and commercial activities of the Service Provider.
- the legal basis for the processing of personal data in the case referred to in para:
- 4 point 1 is the statutory authorization to process data necessary to act in accordance with the law;
- 4 point 2 is the statutory authorization to process data necessary to fulfill the provisions of the contract;
- 4 point 3 is the contractual authorization to process personal data when it is necessary for the fulfillment of legally justified purposes pursued by the Service Provider or there is informed consent of the system user.
- Personal data collected by the Service Provider may also be made available to:
- the relevant state authorities at their request under the relevant provisions of law;
- to other persons and entities – in cases provided by law.
- subcontractors, a list of which is available on the website www.cab-badania.com in the Downloads tab
- The Service Provider shall provide appropriate technical and organizational measures to ensure the security of personal data provided by users, in particular to prevent access to them by third parties or their processing in violation of the law, to prevent data loss, damage or destruction.
- The Service Recipient, in the places designated for providing data, consents knowingly and voluntarily to the processing of his personal data of the Industry Analysis Center, indicated above, for the purposes of the Service Provider’s activities specified above.
- The Service Provider may process the following personal data of the Client necessary to establish, shape the content, change or terminate the legal relationship between them:
- first and last names,
- residential addresses,
- mailing addresses,
- places of employment,
- e-mail addresses,
- IP addresses.
- In order to implement contracts or perform other legal action with the Customer, the service provider may process other data necessary due to the nature of the service provided or the manner of its settlement.
- The Service Provider shall distinguish and mark among the data referred to above as data the provision of which is necessary for the provision of electronic services.
- The Service Provider may refuse to provide the service electronically on the grounds of failure to provide the data, when the processing of such data is necessary due to the manner of operation of the information and communication system providing the service electronically or the nature of the service.
- The Service Provider may process, with the consent of the Service Recipient and for the purposes specified in Section 9, other data concerning the Service Recipient that are not necessary for the provision of the service electronically.
- The Service Provider may process the following data characterizing the Client’s use of the service provided electronically (exploitation data):
- designations identifying the Customer assigned on the basis of the data referred to in Section 9,
- designations identifying the termination of the telecommunications network or data communications system used by the Customer,
- information about the beginning, end and scope of each use of the service provided electronically,
- information on the use of electronically provided services by the Customer.
- users of the system are entitled to:
- access to their personal data,
- to supplement and update the content of the data,
- request temporary or permanent suspension of the processing of their personal data or their deletion, if they prove to be incomplete, outdated, untrue or collected in violation of the law,
- object to the processing of their personal data – in cases provided for by law – and the right to demand their deletion when they become unnecessary for the purpose for which they were collected,
- to file a complaint against our data processing to the President of the Office for Personal Data Protection,
- to transfer your data.
- to implement the 15th point, contact the Service Provider’s Customer Service – Contact in Chapter 9.
- Service recipient’s data will be processed until the withdrawal of consent (marketing purpose) or, in the case of a contract, until its termination, if other regulations do not direct us to process them further.
- After termination of the use of the service provided electronically, the Service Provider, under the terms set forth above, may process only those of the data indicated in Section 9 that are:
- necessary for the billing of the service and the assertion of claims for payment for the use of the service,
- necessary for the purposes of advertising, market research and the behavior and preferences of service recipients with the use of the results of such research for the purpose of improving the quality of services provided by the service provider, with the consent of the Service Recipient,
- necessary to clarify the circumstances of unauthorized use of the service,
- permitted to be processed under separate laws or agreement.
- In the event that the Service Provider obtains information about the Client’s use of the service provided electronically in violation of the Terms and Conditions or applicable laws (unauthorized use), the Service Provider may process the Client’s personal data to the extent necessary to determine the Client’s liability, provided that it records for evidentiary purposes the fact of obtaining and the content of such information.
- Cookies (“cookies”) are small textual information sent by the Web server and stored on the side of the Service Recipient – user (usually on the hard disk). The default parameters of cookies allow only the server that created them to read the information they contain.
- The Service Provider stores cookies on users’ computers in order to:
- maintaining the session of a logged-in user, so that he does not have to enter his username and password on each page,
- creating viewing statistics for advertisers and partners,
- to present online advertisements with content closest to the user’s interests,
- avoiding situations where the same user is shown the same ad repeatedly,
- to protect online surveys from multiple voting by the same people.
- It is possible to disable the storage of “cookies” in the browser settings. However, such a configuration may significantly impede the user’s ability to use the Provider’s websites.
- Using the Service Provider’s websites without changing the settings for cookies means that they will be stored in the memory of the device.
- In order to manage your cookie settings, select the web browser you are using from the list below and follow the instructions:
- Internet Explorer,
- blocking cookies
Click the “Tools” option and select “Internet Options”.
Click the “Privacy” tab at the top of the window
Move the slider up or down to indicate the rules to be applied to block cookies
- deleting cookies
Click the “Tools” option and select “Internet Options”
Under the “General” tab, in the “Browsing History” section, click the
In the pop-up window, select the box next to “Cookies”
Click the “Delete” button
- blocking cookies
- mobile devices:
- Internet Explorer,
- Windows Phone
Specific risks associated with the use of electronically provided services by users
This information relates to risks that may occur only potentially, but which should be taken into account despite the Service Provider’s use of measures to protect the Service Provider’s infrastructure from unauthorized actions of third parties. The primary risks associated with the use of the Internet include:
- malware (malicious software) – various types of applications or scripts that have harmful, criminal or malicious effects on the network user’s ICT system, such as viruses, worms, trojans (Trojan horses), keyloggers, dialers;
- spyware – programs that track a user’s activities and collect information about the user and send it – usually without the user’s knowledge or consent – to the author of the program;
- spam – unsolicited and unsolicited e-mails sent simultaneously to multiple recipients, often containing advertising content;
- phishing – phishing for sensitive personal information (e.g. passwords) by impersonating a trustworthy person or institution;
- hacking into a user’s ICT system using such hacking tools as exploits and rootkits, among others.
In order to avoid the above threats, users should equip their computers and other electronic devices they use to connect to the Internet with anti-virus software. Such program should be constantly updated. Protection against the risks associated with the use of electronic services by users is also provided by:
- firewall enabled,
- updating of all software,
- not opening email attachments of unknown origin,
- reading application installation windows, as well as their licenses,
- disabling macros in MS Office files of unknown origin,
- regular comprehensive scans of the system with an antivirus and antimalware program,
- encryption of data transmission,
- installation of preventive programs (intrusion detection and prevention),
- use of original system and applications, from a legal source.
- The Customer Service Department of the Service Provider is open daily from Monday to Friday from 8:00 to 16:00 (except public holidays).
- Contact information:
- o email@example.com
Transitional and final provisions
- The Regulations are effective as of 18.10.2018.
- In matters not covered by these Regulations, the provisions of the Civil Code (Journal of Laws of 1964 No. 16, item 93, as amended), the Act on the provision of services by electronic means (Journal of Laws of 2002 No. 144 item 1204, as amended) and other provisions of generally applicable law shall apply.
APPENDIX 1. TECHNICAL REQUIREMENTS NECESSARY TO USE SERVICES PROVIDED ELECTRONICALLY
- the minimum technical requirements needed to use services provided electronically are:
- connection to the Internet: required,
- Preferred browser: any browser,
- browser plug-ins: none,
- cookies: user session information [name, surname, login],
- processor: any,
- Operating memory: any,
- graphics: 640×480,
- sound card: not required,
- preferred operating system: any.
- comfortable technical requirements needed to use the services provided electronically are:
- Internet connection: 512kbps
- preferred browser: Internet Explorer, Mozilla Firefox, Chrome,
- browser plug-ins: none,
- ookies: user session information [first name, last name, login],
- processor: any,
- Operating memory: any,
- graphics: 800×600,
- sound card: not required,
- Preferred operating system: any.
- minimum technical requirements needed to use mobile applications:
- at least 1 GB of memory,
- Internet access to download releases,
- iOS system from 7.0 and above,
- Android system from 4.0 and above and screen resolution of 480×800.