Privacy policy
General Terms for the Provision of Electronic Services
§ 1 General provisions
1. The Service Provider indicates that the Provision of Electronic Services on each Website specified
in § 1 (6) of these General Terms for the Provision of Electronic Services (hereinafter: the General Terms) will take place under the terms and conditions set out in these General Terms, and the General Terms document specifies in particular the scope and type of generally Provided Electronic Services, save that for certain Websites or Services the Service Provider may adopt separate regulations, i.e. Specific Terms. The Service Provider provides the User with information and access to the above Specific Terms, as well as the options to record the same, including by downloading, before using the Website or Service. The list of all Specific Terms is attached as Appendix 8 to these General Terms and is available online at: https://stilnovisti.com/privacy-policy. Details of the Service Provider, including its address, can be found in Appendix 4 to these General Terms.
2. It is assumed that:
a) Any person who has started using the Website indicated in § 1 (6) of these General Terms or a Service should first read the content and accept the provisions of these General Terms and appendices hereto, including any Specific Terms, save that it is not necessary to acknowledge the same by concluding a separate individual contract for the Provision Of Electronic Services, including in writing, unless the provisions of the Specific Terms provide otherwise.
b) However, the User of the Website or Service has the right to ask the Service Provider to send them the full content of the provisions on the basis of which they use the Website or Service, including explanations as to the interpretation of the provisions of the General Terms, appendices hereto, including any Specific Terms, including clarifications of the relationship between these regulations.
c) At the same time, any person who wants to start using the Website and believes that the provision of Services should take place under conditions other than those described in these General Terms and in appendices hereto, including any Specific Terms, should contact the Service Provider and determine whether this is possible, and if it is not, they should not use the Website or Service.
d) In order to avoid instances of using the Website without reading the conditions of providing Services, the Service Provider deploys an information system consisting in the implementation of a pop up message displayed at the entry to the Website, containing information on the rules for the provision of Services and the rules for the processing of personal data, provides at any time easy access to information on the rules for the provision of Services and the rules for the processing of personal data, including by providing access to documentation from the level of not only the main page but also each subpage by means of an appropriate footer reference.
The provisions of § 6 of these General Terms apply to the exercise of the rights provided for in the preceding sentences, including in particular to the methods of asking the Service Provider for clarifications.
3. These General Terms provide in particular for the following:
a) The start and end times of the provision of Services,
b) General conditions for the provision of Services,
c) Detailed conditions for the provision of Services, including Technical Requirements, as well as:
- the rights and obligations of the operator of the Website,
- as well as the rights and obligations of the User,
d) complaint procedure,
e) miscellaneous provisions,
f) provisions regarding the procedure and manner of resolving any disputes.
4. Terms used in these General Terms, and not defined in the dictionary of definitions specified in § 1 (5) of these General Terms, should first be understood as adopted in the provisions of applicable law, and in the absence of relevant provisions, reference should be made to the customary meaning. Specific Terms may define their own definition dictionaries, including the adoption of meaning of terms at variance with that adopted in the General Terms.
For the purposes of these General Terms it is assumed that:
a) Service Provider means a natural person, a legal person or an organizational unit without legal personality, which, by way of, even incidental, commercial or professional activity, provides services electronically, save that for the purposes of these General Terms, the service provider is Stilnovisti Sp. z o.o. in accordance with § 1 (6) of these General Terms and Appendix 4 to these General Terms.
b) Service Recipient or User means a natural person, legal person or an organizational unit without legal personality who uses the service, including an electronic service, save that the Service Recipient or User may be a Consumer or an Entity other than a Consumer, unless the provisions of any Specific Terms impose restrictions on a Consumer or an Entity other than a Consumer to use the Service.
c) Consumer means a natural person performing a legal transaction not directly related to their business or professional activity.
d) An Entity other than a Consumer means a natural person, a legal person, an organizational unit, including that without legal personality, who is not a Consumer.
e) Specific Terms mean the regulations, which contain separate and dedicated provisions regarding a given Website or a given Service, save that within the scope of some of the provisions binding on the User the Specific Terms may repeat or refer to the provisions of the General Terms or appendixes hereto; the list of all Specific Terms applied by the Service Provider is attached as Appendix 8 to these General Terms and is available at: https://stilnovisti.com/privacy-policy.
f) Website means the websites, operated or provided by the Service Provider, online services, Services provided on these websites or online services or through the same or in connection with their operation, subject to the provisions of § 1 (6) of these General Terms.
g) Administrator means: a natural person, legal person or an organizational unit without legal personality, which, by way of, even incidental, commercial or professional activity, provides services electronically, save that the Administrator of the Website Administrator is the Service Provider, the details of which are given in Appendix 4 to these General Terms and are available at: https://stilnovisti.com/privacy-policy.
h) Personal Data Controller means the term defined in § 1 (5) of Appendix 1 to the General Terms, i.e. the General Privacy Policy, save that the Personal Data Controller is the Service Provider, the details of which are given in Appendix 4 to these General Terms and are available at: https://stilnovisti.com/privacy-policy.
i) Personal Data means the term defined in § 1 (5) of Appendix 1 to the General Terms, i.e. the General Privacy Policy.
j) Personal Data Processing means the term defined in § 1 (5) of Appendix 1 to the General Terms, i.e. the General Privacy Policy.
k) Electronic Service means the provision of a service provided without the simultaneous presence of the parties (remotely), by transmitting data at the individual request of the User, sent and received using electronic processing devices, including digital compression, and data storage devices, which is fully broadcast, received or transmitted via a telecommunications network within the meaning of the Act of 16 July 2004 Telecommunications Law, save that the list of all Electronic Services provided by the Service Provider is specified in § 1 6) of these General Terms and can be found online at: https://stilnovisti.com/privacy-policy.
l) Service means an Electronic Service or other Service provided by the Service Provider, save that the list of all Services provided by the Service Provider is specified in § 1 (6) of these General Terms and can be found online at: https://stilnovisti.com/privacy-policy.
m) General Terms for the Provision of Electronic Services mean these General Terms, referred to as the General Terms.
n) Cookies mean files whose features, functionality and use are described in Appendices 1 and 2 to these General Terms, i.e. the General Privacy Policy and Cookies Policy, available online at: https://stilnovisti.com/privacy-policy.
o) ICT systems mean a set of hardware and software operated together to ensure processing and storage, as well as sending and receiving data via ICT networks using the end device appropriate for the type of an ICT network, within the meaning of the Act of 16 July 2004 Telecommunications Law (Journal of Laws of 2016 item 1489, as amended).
p) Claimant means a person who has filed a complaint, even if they are not a User or a Service Recipient.
6. The details of the Service Provider as well as the list of Websites operated by the Service Provider or the list of Services provided by the Service Provider including those on these Websites are attached as Appendix 4 to these General Terms and are available at: https://stilnovisti.com/privacy-policy.
7. These General Terms with all appendices are available for free download or recording. It is forbidden to record, store, duplicate or use these Terms in any way and for purposes other than in connection with the intention to use or the use of the Website operated by the Service Provider, or possibly to determine, pursue and defend claims. The above restriction does not apply if the Service Provider has given its written consent or if the action results from an obligation arising from legal provisions or a decision of the appropriate Authority or Court.
8. The Provision of Electronic Services on the Website operated by the Service Provider is subject to the regulations set out in these General Terms, save that if a specific Service provided by the Service Provider is governed by other separate special regulations, i.e. Specific Terms, then these will take precedence over the General Terms to the extent that their provisions may be contrary to the provisions set out in these General Terms. In the event that any provisions of these General Terms or appendices hereto or other Specific Terms or appendices thereto is unclear to the User, the User has the right to inquire with the Service Provider in accordance with § 1 (2) in connection with § 6 of these General Terms.
9. These General Terms are effective from 25 May 2018, until further notice and supersede all previously applicable Terms, Disclaimers, Policies, etc.
10. These General Terms have been adopted in order to unify the standards in force on each Website indicated in § 1 (6) of these General Terms and the standards of Services provided on or via the above Websites.
§ 2 The start and end times of the provision of Services
1. The contract for the Provision of Electronic Services is concluded upon the opening and use of the Website referred to in § 1 (6) of these General Terms, as a result of the User’s entering and using the URL of a given Website in a web browser or using a redirection to that Website, i.e. sending a request to the Website server, receiving a response from the Website server in the form of Website content, and at the same time the reading of the content of these General terms and appendices hereto, or the start of using the content of the Website without (despite the existing possibility) reading the content of these General Terms and appendices hereto. If the Service Provider provides Services via mobile applications, the contract for the provision of Electronic Services is concluded upon installation of the Service Provider’s application on the end device. The provisions of Specific Terms may shape the start and end times of the provision of the Services otherwise.
2. The User has the right to terminate the use of the Website at any time and thus terminate the contract for the provision of Electronic Services. The use of the Website or Service:
a) which does not require logging in, is terminated upon each time leaving the Website or uninstalling the Service or terminating use of the Service,
b) which require a subscription (if provided by the Service Provider), is terminated upon withdrawal of consent to continued provision of that Service, i.e. cancellation of the subscription,
c) which require logging in or other authorization, is terminated at the time of deleting the User’s account.
The Service Provider may specify, by way of Separate Specific Terms, detailed rules for the use of certain Services, which in particular may apply, for example, to the provision of resources, disk space for the purpose of collecting resources, newsletter, user profiles, comparison websites. Specific Terms may contain regulations supplementing the provisions of these General Terms or may adopt separate solutions in terms of determining the start and end times of using the Service. The Service Provider provides the User with information and access to the above Specific Terms, as well as the options to record the same, including by downloading, before the conclusion of the contract for the provision of Electronic Services.
The list of such Specific Terms is attached as Appendix 8 to these General Terms and is available at: https://stilnovisti.com/privacy-policy.
The list of all Services provided by the Service Provider to Users forms Appendix 4 to these General Terms and is available at: https://stilnovisti.com/privacy-policy.
The list of Services of the Service Provider requiring registration is attached as Appendix 7 to these General Terms and is available at: https://stilnovisti.com/privacy-policy.
3. Some Users may enjoy special rights related to the right to withdraw from the contract for the provision of Electronic Services arising from the provisions of applicable law (i.e. Consumers). In order to facilitate the exercise of this right, the Service Provider adopts an auxiliary Model statement of withdrawal from the contract. The Model statement of withdrawal from the contract by the User being a Consumer is attached in Appendix 6 to these General Terms and is available at: https://stilnovisti.com/privacy-policy. The User who is a Consumer has the right to withdraw from the contract concluded at a distance or off-premises of the company within 14 days of the conclusion. At the same time, the Service Provider informs the User who is a Consumer that in the case of certain types of services, the Consumer will not be able to exercise the right to withdraw from the contract in accordance with Article 38 of the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014 item 827, as amended). This applies in particular to two types of situations:
a) The first case relates to contracts for the provision of Services, if the Service Provider has fully performed the Service with the express consent of the Consumer, who was informed before the start of the provision of the service that after the performance of the service by the company they will lose the right to withdraw from the contract. This case is fulfilled in relation to using in particular the Website of the Service Provider or another Service provided by the Service Provider without the need to register or create User profiles. At the same time, the Service Provider will inform the Consumer User each time about the loss of the right to withdraw from the contract, in particular by referring them to the content of the General Terms.
b) The second case relates to contracts for the provision of digital content that is not saved on a tangible medium, if the performance of the service began with the express consent of the Consumer before the expiry of the term to withdraw from the contract and after they were informed by the Service Provider of the loss of the right to withdraw from the contract.
§ 3 General Terms of using Services
1. The Service Provider ensures that the use of the Website is free for any User, unless otherwise stated in the content of separate Specific Terms, save that each time before using the Paid Services, the User will get prior information on:
a) unit and total cost, price or remuneration, including taxes, and where the nature of the service does not allow, by reasonable judgement, an advance calculation of the same, the manner in which these will be calculated, as well as delivery charges, postal service fees, and any other costs, and where it is not possible to determine the amount of such fees, on the obligation to pay the same; in the event of concluding a contract for an indefinite period or a contract covering a subscription, the Service Provider will inform the User about the total price or remuneration covering all payments for the billing period, as well as all costs that the User is obliged to incur,
b) identification details of the Service Provider,
c) main features of the service, including the subject of the service, the manner and date of performance,
d) method of communicating with the User,
e) the Service Provider’s liability under the law for the quality of the service, the manner of filing and processing any complaints,
f) content of after-sales services and guarantees,
g) duration of the contract or, where the contract is concluded for an indefinite period or is to be automatically extended, on the manner and grounds for terminating the contract,
i) functionality of digital content and applicable technical means of protection,
j) significant interoperability of digital content with computer hardware and software.
The above information may also be provided by presenting the provisions of the regulations or referring to the content of specific editorial units of the regulations, i.e. the General Terms or appendices hereto, including any Specific Terms or appendices thereto. The provisions set out in the above the sentence does not apply to Users who are not Consumers, unless otherwise provided in the Specific Terms, save that Users who are not Consumers, before using the Paid Services, will receive information on the unit and total cost, price, remuneration, including the amount of tax, the main subject of the contract, the identification details of the Service Provider, form of contact with the User, complaint procedure, duration of the contract and the manner of terminating the same.
The Service Provider ensures that Users are not misled as regards its provided Services, including that they are aware of whether the use of the Service is free or not; for this purpose the Service Provider implements appropriate measures, i.e. provides Users with access to the list of the Paid Services provided by the Service Provider, and additionally adopts appropriate tools to keep that list updated and current without misleading the User.
The list of the Paid Services provided by the Service Provider on the Website is available at: https://stilnovisti.com/privacy-policy and forms Appendix 7 to these General Terms.
2. The Service Provider informs the User that the User gains access to the Website or Service voluntarily, and if they do not accept its content, they should stop using it.
3. The User may not use the Website in any other way than it follows from the provisions of these General Terms, unless they obtained the consent of the Service Provider (see § 1 (2) (3) of the General Terms), legal regulations and accepted customs; in particular it is forbidden to use the Website in such a way that would lead to a violation of intellectual property law, including copyright and related rights, as well as industrial property rights, economic rights or non-economic rights, save that detailed provisions in this respect are provided for in § 5 of these General Terms.
4. The Service Provider ensures that in order to gain access to each Website, the User, as a rule, will not have to complete any formalities or register. At the same time, the Service Provider reserves that in the event of a need to use the selected Website or Service, it may be necessary to register or sign up or subscribe. In such case, the User will be notified of the need to register, sign up or subscribe. The list of the Websites requiring registration can be found at: https://stilnovisti.com/privacy-policy and forms Appendix 7 to these General Terms.
5. If registration on the Website is required, the Service Provider will make available to the User, including for recording, even before registration, any Specific Terms relating to the given Website requiring registration from the User. The list of Specific Terms can be found at: https://stilnovisti.com/privacy-policy and forms Appendix 8 to these General Terms.
§ 4 General Terms of using Websites
1. The Service Provider ensures that it has applied and applies the utmost care to ensure that the use of its operated Website does not entail any risk for the User, who, however, should be aware of the possibility of updating the risk and use the Website in a cautious and prudent manner.
2. The Service Provider emphasizes that in order to use the Website and for interoperability between ICT systems to be possible, the User must meet the minimum technical requirements for the hardware and software used, as well as the quality of Internet access, i.e.:
1) the software should meet the following requirements: operating system: Windows, MacOS, Linux, Android, iOS, web browser: Chrome, Firefox, Edge, Safari, program installed:
2) Data transfer should meet the following requirements:
- upload: min. 2Mbit/s,
- download: min. 2Mbit/s,
3) End Device with the following parameters: 2GB RAM, network adapter, resolution 1366x768.
3. The Service Provider declares that on any Website the Service Provider may use cookies or other identical systems with similar operation. Detailed information as regard the above is set out in Appendix 1 to these General Terms, i.e. the General Privacy Policy, and in Appendix 2 to these General Terms, i.e. the General Cookies Policy. The content is available at: https://stilnovisti.com/privacy-policy .
4. Specific Terms for the Websites or Services may provide for different requirements.
5. Subject to the provisions of mandatory law, the Service Provider will not be liable for damages, including due to the quality of the Service, if the Service is used despite the Service Recipient’s failure to meet the minimum technical requirements where the damage occurred solely for that reason or the damage was caused solely as a result of acts or omissions of the User contrary to these General Terms or appendices hereto.
6. The Service Provider may in justified cases, based on an explicit statement, grant the User the right to automated access to the Website.
§ 5 Rights and obligations of the User and the Service Provider
1. The User is obliged to use the Website in accordance with its intended purpose, the provisions of
these General Terms and appendices to these General Terms, the provisions of applicable law, accepted customs. The User is obliged to read the documentation regarding the provision of Services, including the General Terms, Specific Terms, and documentation regarding the processing of personal data
2. When using the Website, the User(s) shall be aware that:
a) They should not provide any content with features that could constitute or be considered to be non-compliant and violate generally applicable law,
b) insofar as it is possible for the User to post data on the Website or Service, they should not, in connection with the use of the Website or Service, post on it any content that would be political, pornographic, erotic, violating morality, offending or capable of offending other persons or religious feelings or political views of others,
c) insofar as it is possible to post data on the Website, they should not provide untruthful data, in particular false Personal Data, and should not provide data of other persons,
d) they should not in any way take actions or activities that would lead or could lead to interference in the operation of the Website, in particular the User may not enter, place any programs or applications or files, as well as their extensions, which may have a negative impact on the operation of the Website software or devices used for its operation, or devices or software of other Users, in particular viruses, Trojans, worms, backdoors and other malicious software;
e) they are not allowed to carry out programming or hacking activities, including to make any changes to the source code of the Website or to modify the content of the Website,
f) they are not allowed to access the Website using methods that cause or enable automated access, i.e. without the User’s interference, in particular from tools such as bots, indexing robots,
g) they are not allowed to bypass the security of the Website by using the security vulnerabilities, while they retain the right to inform the Administrator of any suspected vulnerability,
h) they are not allowed to use the content posted on the Website in a manner other than for personal use, unless a separate agreement has been concluded with the Service Provider, which provides otherwise.
3. The Service Provider enjoys all rights to any content posted on the Website and it reserves that it is not allowed to disseminate, reproduce, duplicate in any way any content made available on the Website, including in particular its fragments, including page formatting, logo, content, templates, presentations, graphics, audio and video data.
4. The Service Provider informs the User that as part of providing the Services, it processes Users’ personal data, including the IP address, information related to cookies, decides about the purposes and methods of processing data, and is the Personal Data Controller. Information about the processing of personal data by the Service Provider is included:
a) in the General Privacy Policy, constituting Appendix 1 to the General Terms, containing general information on the processing of personal data, including definitions of relevant concepts, as well as the presentation of rules on the processing of personal data; the document is available at: https://stilnovisti.com/privacy-policy,
b) in the General Cookies Policy, constituting Appendix 2 to the General Terms, containing general information on the tools used that affect the processing of personal data; the document is available at: https://stilnovisti.com/privacy-policy,
c) in the General Information Clause, constituting Appendix 5 to the General Terms, containing detailed information on the processing of personal data, including the designation of the Personal Data Controller in relation to a given Website or Service (the data is also included in the content of Appendix 4 to the General Terms); the document is available at: https://stilnovisti.com/privacy-policy.
§ 6 Provision of information and complaint procedure
1. The Service Provider provides information on the operation of the Website at the following e-mail address: london@stilnovisti.com and by phone at: +44 7440 125 545, by post and in person on the Service Provider’s premises.
2. The Service Provider adopts the following general complaint procedure, save that specific regulations may be provides for certain Services.
3. Each User has the right to file a complaint about the provision of Services by the Service Provider, including the operation of the Website, both in terms of technical aspects as well as the quality and availability of the Website, the conditions for its provision, by submitting a complaint: in person or in writing or by phone (cost as per ordinary connection to the mobile network) or via e-mail to the Service Provider’s address indicated in Appendix 4 to these General Terms, i.e. to the e-mail address: london@stilnovisti.com, phone: +44 7440 125 545.
4. The complaint should meet the following formal requirements, i.e.:
a) Indicate the issue complained about,
b) Indicate the date of occurrence of the event giving rise to the complaint, optionally also the time of occurrence of the event giving rise to the complaint,
c) Give a brief description of the circumstances of the event,
d) Indicate: forename, surname or other designation of the User, as well as the address of the person submitting the complaint (unless it is not necessary to process the complaint), e-mail address (unless it is not necessary to process the complaint, as any response will be sent by written correspondence), optionally also a phone number,
e) Where the person submitting the complaint (Claimant) is not a User, indicate also: forename, surname or other designation of the person submitting the complaint (Claimant), as well as the address of the person submitting the complaint (unless it is not necessary to process the complaint), e-mail address (unless it is not necessary to process the complaint, as any response will be sent by written correspondence), optionally also a phone number.
5. After submitting a complaint, the Claimant receives a confirmation of submitting the complaint to
the e-mail address provided. If the Claimant has not provided the e-mail address, they may receive a confirmation of submitting the complaint in the form of a text message or in writing.
6. The Service Provider adopts the following time limits for processing complaints
a) if the Claimant is a Consumer and has requested the replacement of items or removal of a defect or has submitted a statement on price reduction, specifying the amount by which the price is to be reduced, the complaint will be processed immediately, not later than within 14 calendar days of receipt by the Service Provider. The Claimant receives information about the result of the Complaint procedure within the above time limit.
b) In other cases, complaints are processed immediately, not later than within 30 calendar days from the date of receipt of the complaint by the Service Provider. The Claimant receives information about the result of the Complaint procedure within the above time limit.
7. In the event that the complaint does not contain all the data listed in § 6 (4) of the General Terms, which would be necessary to process the complaint or clarify the matter, the Claimant is requested (by phone, in writing or via e-mail) to complete the same within 7 calendar days of receipt of the request to complete the missing points. Failure to complete the missing points or completion contrary to the request will result in a decline of the complaint, about which the User is instructed in the request.
8. After processing the complaint, the Service Provider, within the time limit specified in § 6 (6) of the General Terms, informs the User about the negative or positive result of the complaint procedure, including whether it accepts the complaint in whole or in part, and if so indicates in what part. A negative result of the complaint processed is accompanied with justification. The justification includes: a summary of the complaint and other letters of the Claimant submitted in the course of the complaint procedure, the established facts, including evidence on the basis of which the facts were established, legal argumentation with reference to legislation, contractual terms and provisions, regulations, instruction on the possibility of amicable dispute resolution and about institutions where the dispute can be settled amicably, including the ODR platform, a statement of consent to amicable resolution of the dispute.
§ 7 Amicable dispute resolution
1. The Service Provider informs Users who are Consumers about the existence of the ODR platform. It is a tool created by the EU legislator for the amicable and out-of-court resolution of disputes between Consumers and entities other than Consumers by an independent person, i.e. a mediator. The platform is available in all languages of the European Union. ODR internet address: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=PL.
2. The Service Provider informs Users who are Consumers that the Office of Competition and Consumer Protection (hereinafter: UOKIK) maintains a register of entities operating for amicable resolution of disputes. The link to UOKIK website containing information on the above entities, as well as general information on amicable dispute resolution with Consumers and on the contact point created by UOKIK to assist Consumers, including in the field of amicable dispute resolution, is available at: https://prawakonsumenta.uokik.gov.pl/pomoc/.
§ 8 Miscellaneous.
1. As and if required, the Service Provider will make amendments to these General Terms, and all changes will be described, and each time the consolidated text of these General Terms will be adopted. Amendments to the General Terms will enter into force after 60 calendar days from the date of adoption of the amendment. The User will be notified of changes within 7 calendar days from the date of adoption, save that the information will be provided in writing or via e-mail (in the case of Users whom the Service Provider can inform individually) or on the Website (in the case of Users whom the Service Provider cannot inform individually due to the lack of relevant personal data e.g. e-mail address). The User who, having read the amendments, has decided to continue using the Website upon entering into force of these changes, acknowledges that such action will be considered as acceptance of the amendments. The User who has reservations about the changes made or would like to ask about the effects of the changes, including in relation to their situation, may contact the Service Provider for clarification or making a complaint. The method of contacting the Service Provider and submitting complaints is described in § 6 of the General Terms. In any case, if the changes shift the User’s rights to less favourable, the User has the right to resign from the Website or Service free of charge. In such case, using the forms of contact provided for in § 6 of the General Terms, the User should inform the Service Provider not later than by the last day of the time limit after which the changes will come into force. The information may be provided in the manner indicated in § 6 of the General Terms, save that if Specific Terms provide otherwise, such different regulations should be applied. However, the User will not be notified of such changes to these Regulations or appendices hereto that do not apply to them, i.e. do not apply to the Services they use or ordered, including those consisting in the addition of new Services, changes in existing Services which they did not use.
2. The Service Provider reserves that it is liable for damages related to the provision of Services in accordance with applicable law, within the limits of a normal causal relationship. Subject to applicable law, the Service Provider will not be liable for damages caused solely by the User’s use of the Website in breach of the principles of Electronic Service Provision set out in these General Terms and appendices hereto. With regard to Users who are not Consumers, the Service Provider excludes its liability for damages caused by unavailability of the Website, Service, or poor quality of the Services provided, except for the cases where the damage was caused by the Service Provider’s intentional fault, save that in such case the liability is limited to the amount of the loss demonstrated by the User other than a Consumer (prepaid remuneration for the service rendered). Subject to the provisions of mandatory law, the Service Provider indicates that it is not liable for any cases, other than caused by the will or reason attributable to the Service Provider, related to the condition of the Internet network, the condition of the devices used by Internet access providers (on the User’s side), and the condition of the devices used by the User. The Service Provider is not liable for the costs of data transfer incurred by the Service Recipient. Before using the Services, the Service Recipient should check with their Internet access provider the rules of using such access, including whether the fee for Internet access is the final fee or depends on the size of the data transfer, what transfer level the Service Recipient is entitled to, what the transfer packages are, etc.
3. The Service Provider reserves that as regards the rules for the provision of Electronic Services, which are not specified in these Terms, the provisions of Polish law will apply, unless the provisions of applicable foreign law apply to Consumers under the provisions of applicable law that cannot be modified contractually prior to the conclusion of the contract.
4. With regard to Users who are not Consumers, the Service Provider reserves the jurisdiction of Polish Courts.
5. The appendices to these General Terms are:
· Appendix 1 General Privacy Policy
· Appendix 2 General Cookies Policy
· Appendix 3 Model Notice
· Appendix 4 List of the Service Provider’s data and operated Websites
· Appendix 5 General Information Clause
· Appendix 6 Model statement of withdrawal,
· Appendix 7 List of the Paid Services or Services Requiring Registration
· Appendix 8 List of Specific Terms
Appendix 1 to the General Terms for the Provision of Services
General Privacy Policy
§ 1 General provisions
1. This General Privacy Policy (hereinafter: the “General Privacy Policy”) forms Appendix 1 to the General Terms for the Provision of Services (hereinafter: the General Terms) defining the rules for the provision of Services on each Website operated by the Service Provider or as part of the Services provided by the Service Provider, save that the full and current content of the General Terms is available at: https://stilnovisti.com/privacy-policy. The terms used in this General Privacy Policy and not defined in the glossary of definitions specified in § 1 (5) of this General Privacy Policy should first be understood as defined in the Specific Terms or the General Terms, and if an appropriate definition is not provided in the Specific Terms or the General Terms, first of all referred to the meaning adopted in the provisions of applicable law, and then to customary meaning.
2. This Privacy Policy is effective starting from 1.04.2020 until further notice.
3. It is assumed that:
a) Any person who has started using the Website or Service indicated in § 1 (6) of these General Terms should first read the content and accept the provisions of these General Terms and appendices hereto, including this General Privacy Policy, save that it is not necessary to acknowledge the same by concluding a separate individual contract for the Provision of Electronic Services, including in writing, unless the provisions of the Specific Terms provide otherwise.
b) However, the User of the Website or Service has the right to ask the Service Provider to send them the full content of the provisions on the basis of which they use the Website or Service, including explanations as to the interpretation of the provisions of the General Terms, appendices hereto, including this General Policy Privacy, including clarifications of the relationship between these regulations.
c) At the same time, any person who wants to start using the Website and believes that the provision of Services should take place under conditions other than those described in the General Terms and in appendices hereto, including the General Privacy Policy, should contact the Service Provider and determine whether this is possible, and if it is not, they should not use the Website or Service.
d) In order to avoid instances of using the Website without reading the conditions of providing Services, the Service Provider:
· deploys an information system consisting in the implementation of a pop up message displayed at the entry to the Website, containing information on the rules for the provision of Services and the rules for the processing of personal data,
· provides at any time easy access to information on the rules for the provision of Services and the rules for the processing of personal data, including by providing access to documentation from the level of not only the main page but also each subpage by means of an appropriate footer reference,
e) The User other than a Consumer, who has started using the Website or Service, has read the General Terms and appendices hereto, including this General Privacy Policy.
The provisions of § 6 of these General Terms apply to the exercise of the rights provided for in the preceding sentences, including in particular to the methods of asking the Service Provider for clarifications.
4. The Service Provider’s details together with the list of Websites operated by the Service Provider or the Services provided constitute Appendix 4 to the General Terms. The content is available at: https://stilnovisti.com/privacy-policy.
5. For the purposes of this Privacy Policy it is assumed that:
a) Personal Data means all information about an identified or identifiable natural person (“data subject”); an identifiable natural person is a person who can be directly or indirectly identified, in particular on the basis of an identifier such as forename and surname, identification number, location data, online identifier or one or several specific factors determining physical, physiological, genetic, mental, economic, cultural or social identity of the natural person;
b) GDPR means Regulation (EU) No 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), (OJ EU L 119/1),
c) Personal Data Processing means an operation or set of operations performed on personal data or sets of personal data in an automated or non-automated manner, such as collecting, recording, organizing, structuring, storing, adapting or modifying, downloading, viewing, using, disclosing by sending, disseminating or other types of sharing, matching or combining, restricting, erasing or destroying,
d) Information System means a set of cooperating devices, programs, information processing procedures and software tools used for Personal Data Processing,
e) Personal Data Controller means an authority, institution, organizational unit, entity or person deciding on the purposes and means of Personal Data Processing, which meets the conditions for being considered a “Controller” in accordance with the provisions of the GDPR, save that the Controller is the Service Provider operating the Website.
f) Processor means a natural or legal person, public authority, unit or other entity that processes personal data on behalf of the Personal Data Controller,
g) Telecommunications Terminal Equipment means telecommunications equipment intended to be connected directly or indirectly to network terminations,
h) Recipient means a natural or legal person, public authority, unit or other entity to whom personal data is disclosed, regardless of whether it is a third party. However, public authorities that may receive personal data as part of a specific procedure under Union or Member State law are not considered as recipients; the processing of this data by these public authorities must comply with the data protection laws applicable according to the purposes of the processing,
i) Data Set means a structured set of personal data available according to specific criteria, regardless of whether the set is centralized, decentralized or functionally or geographically dispersed,
j) Restriction of processing means the marking of stored personal data in order to limit its future processing,
k) Consent of the data subject means a voluntary, specific, informed and unequivocal declaration of intent, by which the data subject, in the form of a statement or explicit confirmation action, authorizes the processing of their personal data,
l) Breach of personal data protection means a breach of security leading to accidental or unlawful destruction, loss, alteration, unauthorized disclosure or unauthorized access to personal data sent, stored or otherwise processed,
m) Supervisory authority means an independent public body established by a Member State in accordance with Article 51 GDPR,
n) Profiling means any form of automated processing of personal data that involves the use of personal data to evaluate certain personal factors of a natural person, in particular to analyze or forecast aspects of the natural person’s work effects, economic situation, health, personal preferences, interests, credibility, behaviour, location or movement;
o) Third Country means a country outside the European Economic Area, including outside the European Union,
p) Data transfer means the transfer of personal data to a Third Country or an International Organization,
q) Supervisory authority concerned means the supervisory authority concerned by the processing of personal data because:
· the controller or processor has an organizational unit in the territory of the Member State of that supervisory authority;
· the processing significantly affects or may significantly affect data subjects residing in the Member State of that supervisory authority; or
· a complaint was lodged with that authority.
§ 2 Specific provisions
1. The Service Provider ensures that in its activities it is always guided by the fact that the right to privacy, the right to the protection of personal data are fully, and in accordance with the provisions of national law and the legal order of the European Union, international law standards, respected and applied, in particular the Service Provider respects the Users’ right to choose the content, information they want to provide, leave or otherwise make available to the Service Provider.
2. In view of the above, the Service Provider determines that this General Privacy Policy contains information regarding:
a) The use of cookies or similar technologies in general
b) General information about Personal Data Processing:
c) Ways to secure the information obtained.
§ 3 Personal Data Processing
1. The Service Provider informs you that the provisions of applicable law regarding the processing of Users’ Personal Data are:
a) Regulation (EU) No 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (hereinafter: “GDPR”),
b) Act of 18 July 2002 on the provision of electronic services (Journal of Laws of 2002, No. 144, item 1204, as amended) (hereinafter: APES),
c) Act of 10 May 2018 on the protection of personal data (Journal of Laws of 2018, item 1000, as amended) (hereinafter: APPD),
d) Act of 21 February 2019 amending certain acts in connection with ensuring the application of Regulation (EU) No 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (Journal of Laws of 2019, item 730) (hereinafter: GDPR Sectoral Act).
2. The Service Provider emphasizes that it decides about the purposes and methods of processing Personal Data of Website Users. The Service Provider declares that it is the Controller of Users’ Personal Data. The details of the Service Provider and the Websites and Services provided is attached as Appendix 4 to the General Terms. The appendix is available at: https://stilnovisti.com/privacy-policy.
Detailed rules for the processing of personal data by the Service Provider are described in Appendix 5 to the General Terms, i.e. the General Information Clause, the content of which is available at: https://stilnovisti.com/privacy-policy.
3. In order to provide Services, the Service Provider may transfer Users’ Personal Data to Recipients.
4. In order to provide Services, the Service Provider may entrust the processing of Users’ Personal Data.
5. The Service Provider may use the services of entities located in Third Countries, as a consequence of which the User should be aware of the possible transfer of personal data to a Third Country or an International Organization.
6. The Service Provider may use profiling.
§ 4 Use of Cookies and other Technologies
1. The Website operated by the Service Provider uses cookies.
2. The Service Provider undertakes to provide Users with full information on the technologies used, including cookies.
3. The Service Provider emphasizes that Cookies are data in the form of files, often text files. The Website sends these files to the User’s browser. These files are saved and stored on the User’s end device. If the User connects to the Website, the User’s browser transfers the above files to the Website (server). Cookies may connect to a Website when you browse other websites.
4. The Service Provider indicates that cookies may have different uses. They are mainly used for recording by storing data, including those encoded in the form of a string. One of the purposes of using cookies is to save or maintain the session after logging in, i.e. to enable e.g. automatic login to the User’s account on the Website. With cookies, the User does not need to enter the same data when using the Website again.
5. The Service Provider would like to emphasize that there are different types of Cookies. In terms of the period of existence of these files in the User’s end device, permanent and session cookies can be distinguished. The former are stored for a period predetermined in the file instructions, but not longer than until the User permanently deletes them from the browser. The latter are temporary files. Therefore, they will be stored in the User’s end device only until leaving the Website, logging out, terminating use of the service, closing the browser.
6. The Service Provider informs you that in terms of the origin of cookies, own and external cookies can be distinguished. The former come from the Website you are browsing or using. On the other hand, external cookies come from sources other than from entities operating the above Websites. Most often it is data from external advertisers, i.e. from their servers.
7. The Service Provider indicates that Cookies can also be distinguished by type of use. “Operation, Optimization, Performance, Efficiency Cookies” are used for the proper operation of a website, online service, in technical terms, as well as to ensure its smooth operation and quality of functioning. “Preferences, Functionality, Service Cookies” are used to adjust the technical aspects, i.e. the overall appearance and layout of the Website, as well as detailed settings, such as font size, font colour, typeface, background, as well as content aspects, for the selection of favourite content. “Security, Confidentiality Cookies” are used to secure the operation of the Website, including to ensure that there is no interference in the authorization process. “Advertising, Marketing Cookies” are used to match ads to products and content searched by the User. “Authorization, Authentication Cookies” are used to verify the User, including to ensure continued session duration. “Analysis, StatisticsCookies” are used to analyze the traffic on Websites, the use of Websites, including their popularity.
8. The Service Provider would like to emphasize that when using cookies, the User’s personal data is processed.
9. The Service Provider emphasizes that the following types of information may be found in cookies: domain name, storage time on the end device, unique name, type of browser, type of operating system, IP number, unique identifier of the User’s end device, time of visit, location data, settings language, IP data.
10. The User is not obliged to use cookies, however the Service Provider reserves that despite the utmost care applied, in some cases the failure to use cookies may lead to reduced functionality of the Website.
11. The Service Provider reserves that, if necessary, it can also use technologies other than cookies of a similar nature, such as Google Analytics (for detailed information about this technology, please visit: https://marketingplatform.google.com/about/analytics/).
12. The Service Provider adopts general or detailed rules for the use of cookies or similar technologies on each Website operated by the Service Provider. General rules will be included in the General Cookies Policy, and in the event that it is necessary to adopt special or separate solutions for a Website, these will be included in the Specific Cookies Policy for that Website.
13. The General Cookies Policy forms Appendix 2 to the General Terms and contains an elaboration of the provisions of the General Privacy Policy in the field of cookies or other similar technologies used. (The appendix is available at: https://stilnovisti.com/privacy-policy).
The document indicates in particular the parameters and types of cookies used and the purpose for which they are used. In addition, the General Cookies Policy contains detailed rules for the User to manage cookie settings.
§ 5 Other Tools
The Service Provider also uses the analysis of access logs, which contain information about the User’s activity on the Website, including processing of the IP address in this respect. The purpose of collecting logs is to monitor the efficiency of the Website, traffic analysis, monitoring security maintenance, communication analysis and server operation.
§ 6 Applied Security Measures
The Service Provider indicates that it can use the following ways to secure Personal Data: secure communication encryption protocol (SSL), pseudonymization, data encryption, backup mechanism, event log, access control, log analysis.
§ 7 Miscellaneous
1. The Service Provider indicates that each Website operated by the Service Provider may contain a reference to other websites not maintained by the Service Provider.
2. Subject to applicable law, the Service Provider waives any liability for the above other websites, i.e. for their operation and availability, in particular for the methods and purposes of personal data processing used therein, compliance with the information obligation, technologies used, including cookies or similar files, implemented security measures, etc. In particular, the Service Provider warns you that before using such other websites, the User should verify their credibility and become familiar with the principles of providing Electronic Services and privacy policies, cookie policies, etc.
3. The Service Provider ensures that the processing of personal data on each Website is carried out in compliance with the principle of minimization, so that Personal Data is processed only if and only to the extent that is necessary for the operation of the Website.
4. The Service Provider may adopt Information Clauses for the processing of personal data to be presented to the User when using specific functionalities and Services as part of a specific Website. If such clauses have not been adopted and not published, the rules for the processing of the User’s personal data are governed only by the General Information Clause, i.e. Appendix 5 to the General Terms. The document is available at: https://stilnovisti.com/privacy-policy.
Appendix 2 to the General Terms for the Provision of Services
Cookies Policy and other technologies
§ 1 General provisions
1. This General Cookies Policy (hereinafter: the “Cookies Policy”) forms Appendix 2 to the General Terms for the Provision of Services (hereinafter: the General Terms), the full and current text of which is available at: https://stilnovisti.com/privacy-policy. The terms used in this General Cookies Policy should first be understood as defined in the General Terms or appendices thereto, including the Specific Terms, and if an appropriate definition is not provided in the the General Terms or appendices thereto, including the Specific Terms, first of all referred to the meaning adopted in the provisions of applicable law, and then to customary meaning. This Cookies Policy specifies the general provisions of Appendix 1 to the General Terms, i.e. the General Privacy Policy, regarding cookies used on the Website operated by the Service Provider. These documents are available at: https://stilnovisti.com/privacy-policy.
2. This Cookies Policy is effective starting from 1.04.2020 until further notice.
3. It is assumed that the User has accepted the provisions of this Cookies Policy if they have started using the services provided as part of the Website, save that it is not required to confirm this fact in writing. The provisions of § 1 (3) of the General Privacy Policy apply accordingly.
4. The details of the Service Provider and the Services provided are attached as Appendix 4 to the General Terms and are available at: https://stilnovisti.com/privacy-policy.
§ 2 Specific Provisions for Cookies.
1. The following Cookies are used on the Website operated by the Service Provider: a) permanent cookies of the type:
Operation, Optimization, Performance, Efficiency,
Preferences (language), Functionality, Service,
Authorization, Authentication,
Security, Confidentiality,
Analysis, Statistics, b) session cookies of the type:
Session information recording.
2. The above types of permanent cookies are used to: ensure the proper operation of the Website, optimize its operation, to improve the operation of the Website and the content, including in particular the development of the Website, as well as to improve the User’s work comfort, including providing them with options to use only their favourite content and in a certain way accessible to them, including the lack of necessity of repeatedly logging in to the Website.
3. The above types of session cookies are used to prevent situations in which the User is displayed the same notifications within a session, i.e. Use of the Website.
4. The Service Provider declares that when using cookies, the User’s personal data is processed.
5. The User is not obliged to use cookies, however the Service Provider reserves that despite the utmost care applied, in some cases the failure to use cookies may lead to reduced functionality of the Website. Detailed rules for managing cookies by users are set out in § 5 of this General Cookies Policy.
§ 3 Specific Provisions for other technologies
The Service Provider does not currently use other technologies on the Website.
§ 4 Rights of the User
1. The User has the right to manage settings for cookies and other technologies. The settings are changed via a web browser. The User can also disable javascript.
2. The Service Provider would like to emphasize that the default settings of web browsers allow the use of cookies and other similar technologies in the User’s end device.
3. The User can change these settings at any time, as well as delete already saved cookies or other similar technologies. Deleting cookies may concern individual cookies as well as all cookies, or some categories of cookies (e.g. permanent, session, external).
4. The rules for changing the settings of cookies and similar files, as well as deleting them are specified in the instructions to the software, i.e. the web browser used by the User.
§ 5 Miscellaneous
1. The User has the right to obtain help from the Service Provider regarding the use of cookies and other similar technologies. The help includes providing general information as well as instructions on the configuration of the browser.
2. In order to use the help, the User may use the contact number, i.e. +44 7440 125 545 operated from Monday to Friday from 7:00 to 15:00 hrs., or the mailbox: london@stilnovisti.com
3. The Service Provider reserves the right to adopt special rules regarding cookies or other technologies for a specific Website or Service. In such case, additional information will be placed on such a Website, as well as in the Specific Terms.