FotoMaspex Terms of Use
I. Definitions
Website – the FotoMaspex website available at https://foto.maspex.com and https://photo.maspex.com that allows the User to browse the content and download graphics relating to products and brands from the MASPEX Group’s portfolio.
User – a natural person, legal person or an organisational unit without legal personality that uses the Website and allows its employees and associates to use the Website.
Website Owner – an entity that makes the Website available, i.e. Grupa Maspex Limited Liability Company with its registered office in Wadowice, address: 34-100 Wadowice, Legionów 37 Street, entered in the Register of Entrepreneurs of the National Court Register under KRS [National Court Register] No. 0000898248, kept by the District Court for Kraków-Śródmieście in Kraków, 12th Business Division of the National Court Register, NIP [Tax Identification Number] No. 5512617657, REGON [National Official Business Register] No. 122948517, share capital: PLN 2,988,781,500.00, regarded as a large enterprise; e-mail address: ##sv#at#bphetm.rdb##.
Materials – materials that the Owner makes available to the Users on the Website, constituting visualisations of product packaging and logos of products from the MASPEX Group’s portfolio.
Terms of Use – this document setting out the general conditions for the use of the Service by the Users.
II. General Provisions
1. The Website Owner shall make the Website available for use by the Users under the conditions specified in the Terms of Use.
2. Each User shall read these Terms of Use before using the Website. These Terms of Use is made available to the User prior to and during the use of the Website in a manner that enables the User to download, record, and reproduce the Terms of Use.
3. By starting to use the Website, the User acknowledges that they have read these Terms of Use and accepts them in full, without any limitations and restrictions. The acceptance of these Terms of Use is voluntary but necessary to use the Service.
4. If the User does not agree with the terms set out in these Terms of Use, shall immediately cease using the Website.
5. The User may use the Website only in a manner consistent with these Terms of Use and generally applicable law.
6. The User shall not transfer the rights and obligations arising from these Terms of Use to third parties.
III. Use of the Website
1. To use the Website, the User is required to have a device that allows to browse the Internet and provides access to the Internet and software necessary for the use of the Materials.
2. The Website is supported by all web browsers.
3. The Users may use the Website free of charge and does not require to log in.
4. The Website is available 24 hours a day subject to maintenance breaks.
5. The Website enables the Users to:
a. view the content of the Website;
b. download the Materials saved in basic graphic file formats;
c. search for the Materials through a search engine;
d. copy multiple Materials to the clipboard and download them in bulk.
6. The Users shall use the Materials saved in a particular graphic file format as prescribed for this format. In particular, files intended for office use shall not be used for printing and design work.
7. The User is not allowed to:
a. use the Website in a manner that violates applicable law;
b. use the Website in a manner that violates the rights and interests of the Website Owner and MASPEX Group;
c. post any content, including illegal content, on the Website;
d. download the Materials to make them available for payment or free of charge, or for selling, licensing, renting, or leasing;
e. download and further use the Materials for any activity that is competitive to the activity of the Website Owner and MASPEX Group;
f. modify the Website;
g. breach technical safeguards of the Website;
h. test technical safeguards of the Website.
IV. Use of the Materials
1. The Website and the Materials made available on the Website are protected by copyright and industrial property rights. The Users do not acquire any rights to the Materials, except for the consent of the Website Owner to use them exclusively under the conditions and for the purposes specified in these Terms of Use.
2. The Materials may be used by the Users solely for the purpose of promoting, offering, and selling products from the MASPEX Group’s portfolio, in particular those offered by the Website Owner and MWS Limited Liability Company based in Tychy and MW FOOD Limited Liability Company based in Wadowice.
3. The Users shall browse the content made available on the Website as well as download, record, reproduce, and distribute Materials made available on the Website under the conditions and for the purposes specified in these Terms of Use.
4. The Materials may not be modified, revised, and reworked in any manner without the express, prior consent of the Website Owner, except for scaling.
5. In particular, the Materials may be used by the Users:
a. on the Internet;
b. in point-of-sale materials (POSM), e.g. posters, leaflets, and promotional flyers.
6. If the Materials are to be used in a manner contrary to section 5 above, the User shall contact the Maspex Group department responsible for the product relating to such Materials.
7. The Materials may not be used to advertise and promote any products other than those indicated in section 2 above. These include in particular products offered by other food and drink producers.
8. The Materials may not be used by the Users in conjunction with pornographic, defamatory, or otherwise prohibited or morally objectionable materials.
9. The User undertakes to use the Materials:
a. in accordance with the applicable provisions of law, good practice, rules of social coexistence, and fair competition;
b. with care for the reputation and good name of the Website Owner, MASPEX Group and MASPEX Group’s companies;
c. with care for the reputation of the products and brands of the Materials;
d. in a manner that does not lead to depreciation or impairment of the Materials or the products and brands of the Materials.
10. The consent for the use of the Materials is not limited in time or territory. The Website Owner may withdraw the consent with immediate effect in the event the User is in breach of applicable law or these Terms of Use, or due to the particular interests of the Website Owner.
11. Upon such withdrawal or termination of cooperation with the User, the User is obligated to cease using the Materials.
12. The User is allowed to use only the Materials downloaded directly from the Website. The Website Owner recommends that the Users should make sure that they have downloaded the current and best quality versions of the Materials each time before the use of the Materials.
V. Limitation of Liability
1. The Website Owner shall not be liable for the manner the User uses the Materials, in particular for User’s actions that infringe the law.
2. The Website Owner shall make every effort to ensure that the Materials posted on the Website are up-to-date and appropriate for use for the purposes set out in these Terms of Use. However, the Website Owner does not guarantee the versions of the Materials posted on the Website will be always most current.
3. The Website Owner does not give any guarantees concerning the Materials and the Website, in particular with respect to safety, faultlessness, lack of viruses and malicious codes, and correct operation.
4. The Website Owner makes no warranty or guarantee, expressed or implied, as to the increase in profits by the User in connection with the use of the Materials.
5. The Website Owner shall not be liable for damage resulting from unavailability of the Website or improper use of the Website by the User.
VI. Complaints
1. Complaints concerning problems with access to the Website and its defects and failures may be submitted to the Website Owner in writing or by e-mail to the addresses indicated in item I of these Terms of Use.
2. The complaint shall include the following details: the User’s data, a detailed description of the problem, the expected manner of complaint handling, and the User’s contact details.
3. The Owner of the Service will endeavour to deal with the complaints without undue delay. For the complaint handling, the Website Owner may indicate the reasons for the problems in using the Website.
4. Defects or failures reported under the complaint by the Users shall be removed as the Website is improved by the Website Owner. The Website Owner is not obliged to remove defects and failures in any other manner.
VII. Agreements between the parties
1. Unless otherwise stated, these Terms of Use is the complete and comprehensive agreement between the User and the Website Owner regarding the use of the Website and its content.
2. By starting to use the Website, the User agrees to accept these Terms of Use and enter into the agreement with the Website Owner.
VIII. Change in the conditions of use
1. The Website Owner reserves the right to modify the provisions of these Terms of Use at any time during its term by posting its updated version on the Website. Amendments in these Terms of Use shall be effective upon publication, unless otherwise indicated in the Terms of Use.
2. By using the Website after the amendment of these Terms of Use, the User agrees to accept the updated version of these Terms of Use.
3. These Terms of Use are available at https://foto.maspex.com/regulamin, https://photo. maspex.com.
IX. Termination of the agreement
1. The agreement for the use of the Website may be terminated by either party under the terms and conditions set forth below.
2. The User shall have the right to terminate, at any time, the agreement for the use of the Website by ceasing to use the services.
3. The Website Owner shall have the right to terminate the agreement for the use of the Website in the event that:
a. the User violates the provisions of the Terms of Use, and in particular uses the Materials in a manner inconsistent with the intended use;
b. the User’s use of the Website is contrary to the interests of the Website Owner and MASPEX Group;
c. the Website Owner ceases further operation of the Website.
4. The Website Owner shall notify the User of the termination under items 3(a) and 3(b) above in writing or in document form, provided that the User has submitted the relevant contact details to the the Website Owner.
5. Upon the termination, the User shall immediately cease using the Materials and the Website.
X. Final Provisions
1. The user shall be fully responsible for all of their own acts and omissions as well as the acts and omissions of the persons designated by them to use the Website for their benefit.
2. If any provision of these Terms of Use becomes invalid, all other provisions shall remain valid.
3. Any disputes arising from these Terms of Use or in connection with their performance shall be resolved amicably by the parties. If the parties fail to reach an agreement, the dispute shall be settled by the common court competent for the registered office of the Website Owner.
4. Provisions of Polish law, and in particular the Polish Civil Code, shall apply to all matters not governed by these Terms of Use.
XI. Privacy, Data Processing, and Cookies Policy
1. The User’s personal data shall be processed in accordance with the applicable legal provisions, in particular Regulation (EU) 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 (hereinafter referred to as GDPR)
2. The Controller of the User’s personal data is Grupa Maspex Limited Liability Company with its registered office in Wadowice, address: 34-100 Wadowice, Legionów 37 Street, entered in the Register of Entrepreneurs of the National Court Register under KRS [National Court Register] No. 0000898248, kept by the District Court for Kraków-Śródmieście in Kraków, 12th Business Division of the National Court Register, NIP [Tax Identification Number] No. 5512617657, REGON [National Official Business Register] No. 122948517, BDO [waste database] No. 000012154 share capital: PLN 2,988,781,500.00 (hereinafter referred to as the Data Controller).
3. Contact details of the Data Controller:
a. e-mail: ##bphetm#at#bphetm.rdb##;
b. address for correspondence: Chopina 10 Street, 34-100 Wadowice.
4. The Data Protection Officer is the contact person of the Data Controller in matters related to the processing of personal data.
5. Contact details of the Data Protection Officer:
a. e-mail: ##xds#at#bphetm.rdb##;
b. address for correspondence: Chopina 10 Street, 34-100 Wadowice.
6. The User’s personal data will be processed for the following purposes:
a. to allow access to features and contents of the Website i.a. perform the agreement entered into between the Data Controller and the User in connection with acceptance of these Terms of Use;
b. to answer the complaints, i.e. pursue the legitimate interest of the Data Controller;
c. to assert possible claims in connection with the User’s use of the Service and defend against such claims, i.e. pursue the legitimate interest of the Data Controller;
With respect to cookies:
d. to adapt the Website to the User’s preferences, optimise the use of the Website, and maintain the User’s session - legal basis for the processing is the performance of the agreement between the Data Controller and the User, in particular to ensure the proper functioning of the Website and high quality of the services provided;
e. for statistical and analytical purposes - legal basis for the processing: the legitimate interest pursued by the Data Controller.
7. The User’s personal data will be processed:
a. with respect to the purpose of processing referred to in items 6(a) and 6(d) above - for the duration of the agreement entered into between the Data Controller and the User;
b. with respect to the purpose of processing referred to in item 6(b) above - for the period necessary to respond to the complaint;
c. with respect to the purpose of processing referred to in item 6(c) above - until the statute of limitations for any possible claims in connection with the User’s use of the Website;
d. with respect to the purpose of processing referred to in item 6(e) above - until an effective objection to such processing of the User’s personal data is lodged.
8. The User’s personal data may be made available to the following entities:
a. authorised employees of the Data Controller and Data Controller’s companies (MASPEX Group’s companies);
b. entities providing the platform used to store the User’s personal data;
c. entities providing services in the field of IT and marketing;
d. entities providing services in the field of investigation and defence against claims;
e. state authorities at their reasonable request.
9. As required by law, due to the need to provide the highest possible level of IT services, including the security of personal data, access to personal data may be provided to IT service providers outside the European Economic Area (EEA). The level of protection of personal data outside the EEA differs from that provided by European law. In view of the above, the Data Controller shall ensure that the IT service providers outside the EEA have access to personal data only to the extent necessary for the performance of their services (including maintenance services) and provide adequate level of protection. In particular, the Data Controller shall:
a. cooperate with entities in countries subject to the relevant decision of the European Commission concerning the determination of an adequate level of personal data protection;
b. use standard contractual clauses issued by the European Commission.
In the above – mentioned case, the User shall have the right to obtain a copy of the information on the applied security measures by contacting the Data Protection Officer.
10. The User’s personal data is not subject to automated decision-making, including profiling.
11. The User shall have the right to access, rectify, or delete their personal data, the right to restrict the processing, and the right to request the transfer of their personal data.
12. In cases where the Data Controller processes personal data to pursue their legitimate interest, the User may object at any time to the processing of their personal data on grounds related to the particular situation of the User.
13. The above rights may be exercised through the correspondence address or e-mail address of the Data Protection Officer indicated in item 5 above.
14. The User shall have the right to lodge a complaint regarding the processing of their personal data to the President of the Personal Data Protection Office.
XII. Cookies
1. The Website uses cookies. Using the site without changing the settings of the User’s browser means that cookies are placed on the User’s device. The User can change these settings at any time.
2. Cookies are IT data, in particular text files stored in the User’s device and intended for use on the Website pages. Typically, cookies contain a site name, information about the time they are stored on the User’s device and data assigned to them (such as a unique User ID).
3. The Website Owner places cookies in the User’s device (e.g. computer, laptop, smartphone, Smart TV) and has access to them.
4. The entities cooperating with the Website Owner, including partners providing analytical services (Partners) may also place information in the User’s device and use it. The list of Partners and links to their processing rules is given below in item 11.
5. The Website may place a cookie on the User’s browser if the User’s browser allows it. The User’s browser only allows access to cookies placed by the Website and not to cookies placed by other sites.
6. The Website uses cookies for the purposes specified in section XI items 6(d) and 6(e).
7. As regards the lifetime of cookies, the Website uses two main types of cookies:
a. session cookies – temporary files that are stored on the User’s device until the User logs out, leaves the site, or disables the software (closes a web browser);
b. persistent cookies – files that are stored on the User’s device for a period of time specified in cookies parameters or until they are deleted by the User.
8. In many cases, the software used to browse sites (a web browser) by default enables storage of cookies on the User’s device. However, the User can change these settings at any time. Failure to make such changes means that such information may be placed and stored in the User’s device, which means that the Website may store information in the User’s device and gain access to such information.
9. In a web browser used by the User, the User may manage cookies on their own. The most popular browsers offer, among others, the following functionalities:
a. accept the use of cookies to take full advantage of the options offered by the websites;
b. manage cookies in individual sites selected by the User;
c. specify settings for different types of cookies, e.g. accept permanent cookies as session cookies, etc.;
d. block or delete cookies.
10. Full information is available in the software settings (web browser) or in the Help section in the menu of the User’s web browser. Restricting or disabling cookies and other similar technologies may affect some functionalities available on our websites.
11. The list of the Website Owner’s Partners who may have access to cookies, with the link to the Partner’s cookie policy is available under the following link:
https://support.google.com/google-ads/answer/2407785?hl=pl
Date: 22 November 2021
