Terms and Conditions for Electronically Supplied Services

1. General Provisions

Pursuant to Article 8(1) of the Act on Electronically Supplied Services of 18 July 2002, Giełda Praw Majątkowych „Vindexus” S.A hereby establishes the following Terms and Conditions for Electronically Supplied Services
These Terms and Conditions (hereinafter: “Terms and Conditions”) specify:

The Terms and Conditions are provided free of charge on the website https://www.gpm-vindexus.pl in a format that can be retrieved, displayed, saved and printed. The text of the Terms and Conditions can be accessed by any person.
By using the Website and entering into a contract for electronically supplied services of the Service Provider, the Customer confirms that they have read the description and the conditions for providing of a given Service as well as with these Terms and Conditions and accepts all provisions of the Terms and Conditions.

2. Definitions

As used in these Terms and Conditions, the following terms will have the following meanings:

a) Service Provider – Giełda Praw Majątkowych „Vindexus” Spółka Akcyjna with its registered seat in Warsaw, ul. Serocka 3 lok B2, 04-333 Warszawa, entered into the register of entrepreneurs of the National Court Register kept by the District Court for the capital city of Warsaw in Warsaw, 13th Commercial Division of the National Court Register under the number KRS 0000057576, Tax ID 5261022345, Business reg. 550386189.
b) Customer – any person who uses the services or who in any other lawful way makes use of the web pages of the Service Provider, in particular the Website.
c) Website – a system of web pages hosted on an Internet server at: https://www.gpm-vindexus.pl, consisting of a set of static and dynamic web documents, with image files and other mutually related elements that makes it possible to use the services delivered by the Service Provider.
d) Services – electronically supplied services
e) Electronic supply of services – delivery of services on a remote basis (without the presence of the parties concerned) by transferring data at an individual request of a Customer, sent and received by devices for data processing, including digital compression, and for data storage, which is in its entirety sent, received or broadcast through a telecommunications network, as defined by the Telecommunications Law of 16 July 2004.
f) IT system – a group of cooperating devices and software used to process, store, send and receive data via telecommunications networks, relying on an end device which is appropriate for a given type of network, as defined by the Telecommunications Law of 16 July 2004.
g) Electronic means of communication – technical solutions, including IT devices and compatible software, which make it possible for an individual to communicate remotely by using transmission of data between IT systems.

3. Types and scope of Services

The Service Provider supplies the following Services electronically:

Access to contact details, data related to the current activity of the Service Provider and investor relations.
Free-of-charge access to the following information:
a) guide,
b) questions and answers.
Free-of-charge access to document templates.
The possibility to contact the Service Provider via:
         a)    contact form,
         b)    chat,
         c)    “We’ll call you back” function.
The possibility to pay debt online, using the “Pay online” function.
The possibility to apply for current vacancies via the “Career” tab by sending application documents to the Service Provider.

§ 4 System requirements for using the Service Provider’s Website

To be able to use the Website, the Customer needs to install the following web browser versions or newer: Internet Explorer 8.0 or Mozilla Firefox 3.0 or Google Chrome 3.0 or Safari 4.0 or Opera 10.0.
Java Script and cookies need to be enabled in the web browser.

5. The conditions of supplying the Services, entering into and terminating contracts for electronically supplied services

A contract for electronically supplied services is concluded automatically, once the Customer starts using a Service. The use of a Service is subject to these Terms and Conditions, and - in the case of the Online Payment Service (“Pay online” functionality) - additionally to the Terms and Conditions of using the Dotpay System available at https://www.dotpay.pl/dla-kupujacych/regulaminy/.
In performance of its obligation arising under Article 6(1) of the Act on Electronically Supplied Services of 18 June 2002, the Service Provider informs that using the Services involves transmission of data over the public network and as such carries the risks typically associated with Internet use.
The Customer must not share any unlawful content or take activities that could cause interruptions to or damage the Website. In the event the Service Provider receives a notification or reliable information that the stored data shared by the Customer are unlawful, the Service Provider may disable access to such data. The Service Provider is not liable towards the Customer for any damage occurring as a result of disabling access to unlawful content.
The Service Provider may modify the Website, including update its content.
The Customer may at any time discontinue their use of a Service. If the Customer leaves the Website, the contract for electronically supplied services is terminated automatically without the need of any additional statements from the parties concerned.

6 Additional information

The Dotpay system used by the Website is operated by Dotpay Sp. z o.o. with its registered office in Kraków, at ul. Wielicka28B, 30-552 Kraków, and the Customer''s use of the “Pay online” functionality means that they agree to the above.
The “Pay online” service is provided immediately after Dotpay Sp. z o.o. is notified of a correct transfer. The Service Provider is not liable for any delays caused by interbank settlements.
To use the contact form and the chat, the Customer must fill in the required data.
The chat service is available from Monday to Friday, between 8:00 and 16:00. If the chat service is not available, the Customer may ask a question off-line by leaving a message for the Service Provider.
The contact form service is available 24/7, except for the necessary Website maintenance breaks. The Service Provider strives to respond to an inquiry sent via the contact form without any delays.

§ 7 Privacy Policy and the protection of personal data

The Service Provider is the Controller of personal data of Customers, obtained to provide the Services, as defined in the 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 "Regulation 2016/679" and the Personal Data Protection Act of 10 May 2018.
The processing of personal data is carried out in accordance with the Regulation 2016/679 and the Personal Data Protection Act, the Act on Electronically Supplied Services and these Terms and Conditions.
The Service Provider implements appropriate technical and organisational measures to secure personal data of the Customers, in particular those that prevent unauthorised access to such data, their unlawful processing, data loss, destruction or damage.
The Service Provider processes personal data of its Customers to the extent that is necessary to enter into, formulate, amend or terminate the contract for electronically supplied services. The Service Provider highlights and designates such data from among the ones mentioned below in Section 7(5) as are necessary for electronically supplied services.
The scope of personal data of the Customers processed by the Service Provider includes:
a)    first and last name,
b)    correspondence address,
c)    e-mail,
d)    PESEL identification number and the number of the Customer’s ID document (an ID card, passport, other),
e)    phone number.
The Customers have the right to:
a)    Access their personal data made available for the purposes of using the Service Provider''s electronically supplied services, the right to have incomplete personal data completed, to rectify and update their personal data by communicating with the Service Provider;
b)    Access inquiries and applications, to communicate via the contact form, the Chat or the “We’ll call you back” and “Pay online” functions”;
c)    Demand that the processing of their personal data is temporarily or permanently suspended, or to have them deleted in the event such data are incomplete, outdated, inaccurate or have been unlawfully collected; to this purpose, the Customer must send a registered letter to the Service Provider’s registered seat indicated in Section 2(a) of the Terms and Conditions;
d)    Object to the processing of their personal data – in the cases set out in the applicable law – and the right to demand that such data are deleted when they are no longer necessary for the purpose for which they were collected; to this purpose, the Customer must send a registered letter to the Service Provider’s registered seat indicated in Section 2(a) of the Terms and Conditions;
After the Customer discontinues their use of the Services, the Service Provider will no longer process personal data of the Customer, except for such data that may be further processed based on provisions of the law or the contract, and that may be necessary to clarify the circumstances of unlawful use of the services.
Personal data gathered in connection with server log analysis (IP address, domain) are used only for statistical purposes, to verify the number of visits to the Website.

8. The complaint procedure concerning electronically supplied services

The Customers have the right to submit complaints concerning the Services supplied.
A complaint should include a concise description of the reservations and identify the Customer and their contact details (email and traditional correspondence address).
Complaints should be submitted in writing, by registered letter, to the Service Provider’s registered seat indicated in Section 2(a) of the Terms and Conditions.
The Service Provider will use its best efforts to make sure that complaints are considered within 14 days from their receipt.
In particularly complex cases, where it is not possible to consider a complaint within the time frame mentioned in Section 8(4) above, the Service Provider will:

a) inform the Customer about the reasons for the delay,
b) specify the expected time required for considering the complaint, which may, however, not be longer than 60 days from its receipt.

The Service Provider will notify the complaining Customer about the outcomes of the procedure in writing or via email, by sending a message to the address given in the complaint.

§ 9 Responsibility and quality

The Customer is responsible for providing incorrect, inaccurate, false or incomplete data.
The Service Provider declares that to the best of their knowledge, the Website is developed and updated with due care.
The Service Provider is not responsible for:
a)    the inability to access the Website and for the discontinuation of the electronically supplied Services as a result of Force Majeure events,
b)    the inability to access the Services due to failed authorisation of the Customer or incorrect data inputs, for the inability to make payments for reasons attributable to the Customer or a third party related to them,
c)    failure to deliver or inadequate delivery of the Dotpay payment Service in the event this is due to circumstances, in particular technical issues, which are beyond the Service Provider’s control,
d)    the consequences of the Customer using or relying on information published on the Website,
e)    the content of web pages linked on the Website.
The Service Provider reserves the right to include anywhere on the Website advertising content in a common online ad format. The Service Provider is not responsible for any advertising content posted on the Website and for any related claims of third parties.

10. Amendments

The Service Provider reserves the right to amend these Terms and Conditions. The Service Provider will notify the Customer of any changes by publishing the amended Terms and Conditions on the Website and by sending information concerning the date and scope of amendments to the Customer’s email.
By using the Website following the introduction of amendments, the User automatically accepts such amendments. If the Customer submits a statement indicating that they do not consent to the amendments of the Terms and Conditions within 30 days from being notified in accordance with Section 10(1) above, this will result in the termination of the contract for electronically supplied services as from the date of the above statement.

11. Final Provisions

These Terms and Conditions are an integral part of the contract for electronically supplied services concluded with the Customer.
The Service Provider has the right to disable access to the whole or a part of the Website for important reasons, in particular, where the Service Provider finds that the Website is used inappropriately or if there are circumstances that could cause harm to the Customer or Service Provider.
The Service Provider has the right to:
a)    change the data posted on the Website,
b)    change the technical parametres of the Website,
c)    limit the access to the Website on a temporary or permanent basis,
d)    close the Website, of which it needs to inform the Customer by publishing appropriate information on the Website.
The provisions of these Terms and Conditions are without prejudice to any other rights of the Customers (in their capacity of consumers) to rely on mandatory rules of law governing the protection of consumer rights, in particular on the Consumers’ Rights Act of 30 May 2014 and the Act on out-of-court resolution of consumer disputes of 23 September 2016.
All matters not regulated by these Terms and Conditions are governed by the relevant provisions of the Polish Law, including the Civil Code of 23 April 1964 and the Act of 18 July 2022 on Electronically Supplied Services, as well as of the 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), and other applicable law.
The address www.gpm-vindexus.pl includes copyrighted content, as well as content protected under industrial property rights and intangibles protected by intellectual property. No part of the content, in particular text, images, trademarks, logos, icons, photographs and software presented on the Website may be reproduced or disseminated in any form or by any means without prior consent. The Customer agrees to use the Website exclusively for the permitted personal use.
These Terms and Conditions are effective from 2 November 2019.