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.
II. General Provisions
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
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.
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.
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.
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.
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
VIII. Change in the conditions of use
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:
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.
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:
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.
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.
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:
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.
Date: 22 November 2021
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