NEWSLETTER SERVICE TERMS AND CONDITIONS
§ 1. INTRODUCTORY PROVISIONS
1. These Terms and Conditions set forth the rules governing the provision of the newsletter service, which constitutes a contract for the delivery of digital content; the manner of entering into and terminating the contract for the provision of the newsletter service, under which payment is made using data or by paying a fee; the complaint procedure; and the out-of-court dispute resolution procedure.
2. The Service Provider is Cezary Jarzyna, conducting business under the name Overcez Cezary Jarzyna, registered in the Central Register and Information on Economic Activity (CEIDG) under the following number, Tax Identification Number (NIP): 8571930564, REGON: 388122685, with its address at Lisowa 22, 72-310 Płoty, and email address: overcezkontakt@gmail.com.
3. A newsletter subscriber may be an entrepreneur, a consumer, or an entrepreneur with consumer rights, i.e., a natural person who enters into a contract with the service provider that is directly related to their business activity, provided that the content of such contract indicates that it is not of a professional nature for that person, as determined in particular by the subject matter of their business activity, as disclosed pursuant to the provisions governing the Central Register and Information on Economic Activity.
4. These Terms and Conditions are made available on the website www.overcez.pl in a format that allows the user of the website www.overcez.pl to download, save, store, reproduce, and view them free of charge for their own use.
5. Users of the newsletter service must have access to a computer, laptop, or other multimedia device with Internet access, along with a keyboard or other device capable of composing email messages, and equipped with a functional operating system, such as Mac OS, Android, or Windows. Users must also have access to email (with an active email address) and a current web browser (such as Mozilla, Internet Explorer, Microsoft Edge, Google Chrome, Safari, or another compatible web browser).
§ 2. AGREEMENT FOR THE DELIVERY OF DIGITAL CONTENT
1. The newsletter service is a service provided electronically via electronic means of communication as defined by the Act on the Provision of Electronic Services—in this specific case, this will be email.
2. To activate the newsletter service, you must sign up for the subscriber list using the registration form available at www.overcez.pl.
3. The subscriber enters into a contract for the delivery of digital content, under which they are required to provide their email address.
4. After subscribing to the mailing list, the service provider, as part of the newsletter service, may send subscribers information about industry-related articles published by the service provider, information about products and services included in the service provider’s offering, as well as details about contests and promotions.
§ 3. NEWSLETTER SUBSCRIPTION
1. To begin receiving the newsletter, you must complete the sign-up form available at www.overcez.pl—that is, enter your email address and then confirm your subscription by clicking the “Subscribe” button.
2. After completing the subscription process described in paragraph 1, an email will be sent to the email address provided by the Subscriber, requesting confirmation of the subscription or asking the Subscriber to delete the email if it was sent in error or if the Subscriber wishes to cancel the newsletter subscription.
3. The email sent to the prospective subscriber contains an active link; by clicking on it, the subscriber can confirm their subscription—that is, confirm the addition of their email address to the subscriber database (double opt-in mechanism).
4. Failure to complete the above steps means that the newsletter service cannot be provided.
5. Upon completion of the subscription referred to in paragraph 3, a contract is concluded between the service provider and the subscriber for the delivery of digital content.
§ 4. CONSENT BY THE SUBSCRIBER
1. By confirming their subscription as referred to in § 3(3), the prospective Subscriber consents to receiving the information specified in § 2(4) of these Terms and Conditions.
2. By confirming their subscription to the newsletter, the Subscriber consents to the Service Provider’s use of telecommunications terminal equipment, in accordance with the Act of July 12, 2024, the Electronic Communications Act, for the purpose of sending information about industry-related articles published by the Service Provider, information about products and services included in the Service Provider’s offering, as well as organized contests and promotions.
3. When a subscriber provides their personal data (which may be included in an email address, though an email address does not always contain personal data) to subscribe to the newsletter service and clicks the “subscribe” button, they consent to the processing of their personal data.
4. The subscriber may withdraw their consent at any time. From that moment on, the newsletter service will no longer be provided. More information on this matter is provided in § 5 below.
5. The subscriber may not provide personal data that does not belong to them. In order for the newsletter service to be provided properly, the subscriber is required to keep their email address up to date.
§ 5. UNSUBSCRIBING FROM THE NEWSLETTER
1. In accordance with the Consumer Rights Act, a consumer or a business entity with consumer rights has the right to withdraw from the contract without providing a reason. The withdrawal period is 14 days from the date the contract for the provision of the newsletter service was concluded.
2. Withdrawal from the contract is effected by submitting a statement via regular mail or email to the address specified in § 1(5) of these Terms and Conditions before the expiration of the withdrawal period referred to in paragraph 1 above. The notice may be submitted using the model withdrawal form (provided below) or any other form used by the customer, whether a consumer or a business acting as a consumer.
3. Notwithstanding the rights provided for in paragraphs 1–2, any subscriber may unsubscribe from the newsletter service at any time and without providing a reason. To do so, the subscriber may send an email to overcezkontakt@gmail.com or unsubscribe from the newsletter service by clicking the link provided in the newsletter message.
4. Unsubscribing from the service results in the immediate termination of the agreement for the provision of the newsletter service.
5. Due to legal, business, or organizational circumstances, the service provider is entitled to discontinue the newsletter service at any time without providing a reason. Should this occur, subscribers will be notified in the last message sent as part of the newsletter service.
§ 7. PROVIDER OF THE TOOL NECESSARY FOR THE PROVISION OF THE NEWSLETTER SERVICE
1. The provider of the newsletter service is [x]
2. The provider’s privacy policy is available at [x]
§ 8. COMPLAINTS
1. The customer has the right to file a complaint regarding the provision of the newsletter service.
2. A complaint should include information enabling the identification of the user filing the complaint, the specific subject of the complaint (which service), the date the issue occurred, the reasons for filing the complaint, and the requests related to the complaint. With this information, the service provider will be able to thoroughly review the complaint. Failure to provide this information may hinder the review of the complaint.
3. Responses to complaints are provided within 14 days of the complaint being sent to the email address: overcezkontakt@gmail.com.
§ 9. OUT-OF-COURT DISPUTE RESOLUTION
1. The Service Provider agrees that disputes with users who are consumers shall be resolved out of court.
2. To resolve a dispute out of court, the customer is advised to contact the county (municipal) consumer ombudsman, a nonprofit organization whose statutory mission includes consumer protection, the provincial trade inspection office, or to use the ODR platform at this link: link
3. A subscriber who is a consumer also has the right to apply to a permanent consumer arbitration court to resolve a dispute arising from the provision of services by the service provider.
4. Useful information on the out-of-court resolution of consumer disputes is available at the UOKIK link for individual cases and here: UOKIK
§ 10. PERSONAL DATA
1. In connection with the subscriber’s consent to receive a newsletter containing the information specified in § 2(4) of these Terms and Conditions for the purpose of direct marketing, subscribers’ personal data will be processed on the basis of consent, i.e., pursuant to Article 6(1)(a) of Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 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 referred to as: “GDPR,” i.e., for the purpose of sending information about materials contained on the Service Provider’s website, industry-related articles, information about products and services included in the Service Provider’s offer, as well as organized contests and promotions.
2. The subscriber may withdraw the consents referred to in paragraph 1 above at any time. To do so, the subscriber may send an email to overcezkontakt@gmail.com or unsubscribe from the newsletter by clicking the link provided in the newsletter message.
3. Withdrawal of consent to data processing does not affect the lawfulness of data processing that was carried out on the basis of the Subscriber’s consent prior to its withdrawal. Personal data will be retained until the expiration of the period during which the supervisory authority may inspect the correctness of the Service Provider’s processing of personal data (related to the newsletter service).
4. Withdrawal of consent means that the subscriber’s personal data will no longer be processed for purposes related to the provision of the newsletter service. From that point on, personal data will be processed to pursue the controller’s legitimate interest, which is to ensure accountability and demonstrate that the controller lawfully processed the subscriber’s personal data for the purposes specified in paragraph 1 above, e.g., in the event of an audit of the correctness of the personal data processing by the service provider (related to the newsletter service), as well as to defend against potential claims or to establish potential claims (Article 6(1)(f) of the GDPR).
5. In connection with the processing of personal data, the Subscriber has the following rights: the right to access their personal data, to have it rectified, and to have it erased (subject to the exceptions provided for in Article 17(3) of the GDPR), to restrict processing, to data portability (when processing is based, among other things, on consent pursuant to Article 6(1)(a) of the GDPR and is carried out by automated means), and the right to object to the processing of personal data processed pursuant to Article 6(1)(f) of the GDPR. The Subscriber has the right to lodge a complaint with the supervisory authority, i.e., the President of the Personal Data Protection Office, in the manner and according to the procedures set forth in the provisions of the GDPR and Polish law, in particular the Personal Data Protection Act, if the Subscriber believes that the processing of their personal data violates the provisions of the GDPR.
6. Personal data will not be transferred to a third country outside the European Union.
7. Personal data will be processed until the date of withdrawal of consent (if processed on the basis of consent), or until the date on which an objection is effectively lodged (if the basis for processing is Article 6(1)(f) of the GDPR).
§ 11. FINAL PROVISIONS
1. These Terms and Conditions may be amended for valid reasons, such as changes in regulations, changes in the website’s operation, technological changes, or changes related to the business activities and scope of services. These Terms and Conditions may also be amended if the service provider wishes to improve their quality or increase the transparency of their provisions, as well as when public administration authorities issue recommendations, guidelines, or administrative decisions.
2. Any amendment to these Terms and Conditions does not apply to agreements entered into prior to the effective date of the amendment.
3. The Subscriber will be notified in advance of any changes to these Terms and Conditions. Before the changes take effect, the Subscriber may notify the service provider that they do not accept the changes. Such a notification is treated as equivalent to unsubscribing from the newsletter service.
4. These Rules and Regulations take effect on November 28, 2024.
