Subject matter of the Terms and Conditions

  1. These Terms and Conditions specify the terms of use and operation of the Sellizer application, as well as the rights and obligations of Users and the obligations and responsibilities of the Sellizer application Provider

  2. The provisions of the Terms and Conditions for providing access to Sellizer.pl services are the Regulations for providing services by electronic means of the Polish Act of 18 July 2002 on providing services by electronic means using the Sellizer application.

Definitions

  1. Service Provider, Operator - Sellizer Spółka z ograniczoną odpowiedzialnością with the registered office in Rzeszów 35-234, ul.  Stanisława Trembeckiego 11A, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court in Rzeszów, XII Commercial Department of the National Court Register, under KRS number 0000751840, NIP 5170395135, REGON 381498588.

  2. Service - Internet application Sellizer.pl operating at the Internet address https://app.sellizer.pl, operated by the Service Provider on the terms set forth in the Terms and Conditions.

  3. User - a person with full legal capacity who, by accepting the Terms and Conditions, has gained access to the Services. The User may also be a legal person or an organizational unit which is not a legal person, to which the Act grants legal personality, and which uses the Services provided by the Operator.

  4. Login - an individual and unique e-mail address being a unique identifier of the User on the Service.

  5. Password - a string of characters defined by the User and assigned to the User. A password is required to log on to the Service/Application by the User.

  6. Account - a set of services provided by the Service together with individual User settings, thanks to which the User may use the Service.

  7. Trial Period - the period of 14 (fourteen) days indicated by the Operator during which the Account operation is made available to the User free of charge.

  8. Subscription Period - the period of operation of the Account for which the User pays the Subscription Fee.

  9. Registration - a one-time activity consisting in creating the Account by the User, made with the use of the registration form made available by the Operator on one of the pages of the Website.

  10. Application - software installed on the Service Provider's servers, making it available to the Client via a web browser, available after logging in with a login and password at an address assigned to the Customer.

  11. Service - a Service or Services provided by the Operator pursuant to the principles set forth in these Terms and Conditions.

  12. Account Holder - the User who created the Account.

  13. Account Settings Panel - subpage of the Service located at the address https://app.sellizer.pl/account/edit where the User can edit the settings of his/her Account.

  14. Agreement - an agreement for the provision of services by electronic means concluded between the User and the Operator upon acceptance of the Terms and Conditions by the User, with content corresponding to the content of the Terms and Conditions.

  15. Terms and Conditions - these Terms and Conditions.

  16. Server Infrastructure - a technical environment maintained and administered by the Service Provider on which the Application works. They are composed of such elements as servers, operating systems and a voltage maintenance device.

  17. Web browser - software installed on the Customer's computers for communication with the Service.

Technical requirements

  1. You can use the Service by using a device with access to the Internet and a Web browser, the type and version of which are compatible with the Web browsers for which the Service has been customized.

  2. The Customer is obliged to provide the above-mentioned device with Internet access and the appropriate version of the Internet Browser.

  3. The Service has been adjusted to work correctly in the following browsers: Microsoft Edge version 41 (EdgeHtml 16), Firefox version 50.0 or higher, Chrome version 60.0 or higher, and Safari version 9.0 or higher. However, we reserve the right to report errors which must be reported to the Operator using the data available on the website or the Application.

Rights and obligations of the Customer

  1. The Customer is obliged to provide true information during the registration process.

  2. The Customer has the right to free technical support for using the Application via e-mail at kontakt@sellizer.pl and to additional forms of technical support depending on the selected Package.

  3. The Customer is the owner of all data entered by him or her or by Users to whom he or she gave access to the Application and has the right to request permanent deletion of all data upon termination of the use of the Service.

  4. The Customer is obliged to use the Service in accordance with the provisions of these Terms and Conditions.

  5. The Customer is entitled to a free trial period of 14 days during which he/she may use the Service in accordance with the Terms and Conditions, free of charge. The free trial period may be extended in the case of periodic promotions, special offers or individual agreements between the Service Provider and the Customer.

  6. If the Customer fails to pay for the provision of the Service within the trial period, the Customer shall be deemed to have terminated the use of the Service and the Service Provider shall be entitled to permanently delete the account, including all data, backups and restoration of the Internet address at which the Application was made available to the pool of free addresses.

  7. The Customer agrees that the Service Provider may use the logotype and company name of the Customer for marketing purposes in the scope of presentation on the reference list.

  8. The Customer consents to the processing of his/her personal data by the Service Provider for the purposes of providing the Service and to the receipt of e-mails concerning the activities and summaries in the Application, information on the technical work carried out by the Service Provider, modifications and changes, new functions, trainings and events.

  9. The Customer undertakes to comply with the provisions of anti-spam policy.

Rights and obligations of the Service Provider

  1. The Service Provider undertakes to provide the Service with due diligence and the standards specified in these Regulations.

  2. The Service Provider is not responsible for the consequences of the Customer's sharing the Login and Password with third parties.

  3. The Service Provider is not responsible for incorrect provision of the Service caused by:

    1. Failure to meet the Technical Requirements necessary to use the Application

    2. Third party action

    3. Causes beyond the Service Provider's control (failures, updates, etc.).

  4. The Service Provider has the right to suspend the provision of the Service with the preservation of data on the server in the event of non-payment by the Customer.

  5. In the event of non-payment by the Customer for a period longer than 30 days from the date of expiry of the account, the Agreement shall be deemed terminated and the Service Provider shall have the right to permanently delete the account, including all data and backups, and to restore the Internet address at which the Application was made available to the pool of free addresses.

  6. The Service Provider shall not be liable for any malfunction of the Application if it results from a misuse of the Application by the Customer.

  7. The Service Provider shall not be liable for lost profits or indirect damages or damages caused by the Application caused by the User's actions.

  8. The total total liability of the Service Provider in connection with the provision of Services, regardless of the basis for the liability, shall be limited in each case to PLN 5,000 (five thousand PLN).

  9. The Service Provider has the right to suspend or limit access to the Service, as well as remove the account to the Service in the event of using them in breach of these Terms and Conditions or generally applicable laws.

Protection of personal data and privacy

  1. In order to register in the Service, the User is obliged to provide his/her personal data within the scope of e-mail address. Providing personal data is done on a voluntary basis, but it is necessary to use the Service and set up an Account. Without creating an Account, it shall be impossible to use the Services.

  2. In addition, in order to fully use the Service, in addition to the information provided during the Registration process, it will be necessary for the User to provide a telephone number, first and last name and e-mail address if the User wishes the e-mail address to be different from the one provided during the Registration process.

  3. The Operator processes Users' personal data and uses them to the extent and for the purpose necessary to perform the Services, including to provide information on the functioning of the Service, possible ways of using the functionality of the Service and necessary activities related to the performance of Services. The basis for processing personal data is the implementation of the agreement, i.e. Article 6(1)(b) of the GDPR.

  4. The operator processes personal data for the purpose of marketing its products and services, e.g. by sending e-mails or text messages. The basis for processing is the justified interest of the Operator, i.e. Article 6(1)(f) of the GDPR.

  5. The Operator is the administrator of the personal data indicated above.

  6. The Operator informs that the recipients of personal data will be trusted third parties providing services to the Operator, such as providers of IT systems, dealing with security of the Service, sending text messages, etc.

  7. The Operator shall exercise the User's rights related to the processing of personal data. These rights result from the applicable legal provisions on personal data, in particular the GDPR (Articles 16-21).

  8. The User has the right to:

    1. withdraw any consent given to the Operator for the processing of personal data at any time

    2. access to data: the right to receive confirmation from the Operator whether the personal data of the User are processed by the Operator and in what way

    3. rectification of outdated or inaccurate personal data and the right to supplement it if it is incomplete

    4. objection to the processing of personal data of the User, if the Operator processes personal data based on its legitimate interest (e.g. analytical, marketing, evidence, archiving purposes), then in case of objection of the User, the Operator must stop processing the User's data, unless it proves the existence of important, justified grounds for processing, which should objectively take precedence over the inconvenience of the User or consist in the defence of our claims (e.g. in court proceedings). The right of objection is also granted when the processing concerns direct marketing, including profiling, based on a legally justified interest of the Operator, e.g. in connection with profiling based on cookies. In this case, the processing of personal data for this purpose must be immediately discontinued

    5. deletion of personal data by the Operator (“the right to be forgotten”), consisting in principle in requesting the Operator to immediately delete personal data concerning the User

    6. limitation of personal data processing, which in practical terms may consist in temporary blocking of access to the User's data by the Operator's customers or transfer of data to another system

    7. data transfer: the User has the right to receive a copy of the personal data provided to the Operator if the processing is based on the User's consent or contract and in an automated manner

    8. make a complaint to the supervisory authority - to the President of the Office for the Protection of Personal Data

  9. Any applications concerning the processed personal data, including the rights vested in the User, the User may send by e-mail to the following address: kontakt@sellizer.pl or in writing to the Operator's address given in these Terms and Conditions (Definitions, Service Provider). The User's requests will be met without delay, but no later than one month after their receipt. This deadline may be extended by another two months due to the complicated nature of the request or the number of requests, of which the Operator will inform the User 

  10. Personal data shall be processed for the time needed to provide Services to the User, and after the end of their provision, for the time needed to demonstrate the correct performance of obligations of the Operator for the User. This period corresponds to the length of the limitation period for claims.

  11. Personal data processed in the scope of marketing activities will be processed by the Operator or the User objecting to further processing of personal data for marketing purposes, or revoking the consent to send marketing information to the e-mail address. The withdrawal of consent shall not affect the lawfulness of the processing prior to the withdrawal of consent.

  12. The Operator takes technical and organizational measures to protect personal data against unauthorized or unauthorized access or use, as well as against accidental destruction, loss or violation of integrity. The principle of ensuring security was our guiding principle when designing IT infrastructure, designing standards of business practice. Our security procedures include in particular: access security, backup system, monitoring, review and maintenance, security incident management.

  13. In order to ensure the security of the processed personal data, the Operator undertakes to keep the data confidential (the Operator protects the data against accidental disclosure to third parties) and their integrity (the Operator protects the data against unauthorized modification).

  14. Personal data of the User may be processed by third parties only if such entity undertakes to ensure appropriate technical and organizational measures to ensure the security of personal data processing, as well as to maintain the confidentiality of such data. Every employee of the Operator who has access to personal data has an appropriate authorization and is obliged to maintain confidentiality.

Cookies

  1. The Operator uses the so-called service cookies primarily to provide the User with Services provided electronically and to improve the quality of these Services. Therefore, the Operator and other entities providing analytical and statistical services to the Operator use cookies, storing information or gaining access to information already stored in the User's telecommunications terminal device (computer, telephone, tablet, etc.). Cookies used for this purpose include:

    1. cookies with data entered by the User (session ID) for the duration of the session

    2. authenticating cookie files used for services requiring authentication for the duration of the session 

    3. cookies used to ensure security, e.g. used to detect fraud in the field of authentication

    4. permanent cookies used to personalize the User interface, for the duration of the session or slightly longer 

    5. cookies used to monitor traffic on the website, i.e. data analytics, including Google Analytics cookies (these are files used by Google - i.e. the entity entrusted with processing personal data by the Operator - in order to conduct an analysis of how the User uses the Website, including the creation of statistics and reports on the functioning of the Website).

  2.  The Operator and its Partners also use cookies for marketing purposes, including in connection with the targeting of behavioral advertising to the User. For this purpose, the Operator and its partners store information or access information already stored in the User's telecommunications terminal equipment (computer, telephone, tablet, etc.). The use of cookies and personal data collected through them for marketing purposes, in particular to promote the services and goods of third parties, requires the User's consent. This consent may be withdrawn at any time.

  3. The Operator informs that the ways of using and removing cookies are contained in the instructions of the developer of web browsers:

    1. Mozilla Firefox http://support.mozilla.org/pl/kb/ciasteczka

    2. Internet Explorer http://support.microsoft.com/kb/278835/pl

    3. Microsoft Edge http://windows.microsoft.com/pl-pl/windows-10/view-delete-browsing-history-microsoft-edge

    4. Google Chrome http://support.google.com/chrome/bin/answer.py?hl=pl&answer=95647

    5. Safari https://support.apple.com/kb/Ph31411?locale=pl_PL

    6. Opera http://help.opera.com/Linux/9.60/pl/cookies.html

  4. Within the framework of processing personal data of Users, the Operator may perform profiling without the User's consent, based on the legally justified interest of the Operator in the processed cookies, in order to adjust the content and marketing messages displayed on the Website and on other Websites visited by the User to the preferences and interests of the User, based on such data as: visits to the websites and clicks within individual functionalities of the Website, logging and registration dates, data concerning the use of particular services on the Website.

Technical parameters of the service

  1. The Service Provider shall provide the Customer with the possibility to use the Service in accordance with the parameters described on the website www.sellizer.pl

  2. If the limits available in a given Package are exceeded, the possibility to use the Service will be limited to the extent that its further use will mean further exceeding of individual limits. 

  3. The Customer shall be notified of exceeding the available limits by e-mail to the Customer's mailing address or by an appropriate message in the Application.

  4. The Service Provider reserves the right to make changes to the Application, including modifications to it, additional functions, changes in the appearance and operation of individual elements, provided that such changes do not reduce the Customer's ability to use the Application as compared to the status as at the date of the Agreement.

Application Security

  1. The Service Provider shall ensure that all necessary measures are taken to securely store and archive the data stored in the Application by the Customer.

  2. The Service Provider ensures that access to the Application is possible only through an SSL encrypted connection, authorized by a relevant certificate.

  3. The Service Provider undertakes to back up the database at least every 24 hours

  4. The Service Provider shall ensure that daily backups are maintained for a period of not less than 7 days from the date of backup.

Ordering and provision of services

  1. An agreement between the Customer and the Service Provider is concluded when the Customer completes and approves the Registration Form and creates an Application account.

  2. The scope of Service provision and its price depend on the selected package specifying the selected application variant, in accordance with the offer described on the website www.sellizer.pl

  3. A VAT invoice for the use of the Service shall be issued upon payment of a fee.

  4. At the Customer's request, it is possible to issue a pro-forma invoice on the basis of which the Customer makes payment.

  5. The Customer agrees that the Service Provider may issue VAT invoices in electronic form and send them by e-mail to the e-mail address indicated by the Customer.

  6. After the expiry of the paid Settlement Period, payment of the fee is required in accordance with the current price list on the website www.sellizer.pl for the extension of the Service for another Settlement Period.

  7. In the case of not using the Service despite paying for it, no refunds are foreseen.

Complaints and withdrawal from the agreement

  1. If the Service is not provided in accordance with these Terms and Conditions, the Customer has the right to make a complaint.

  2. A complaint should be sent by e-mail to kontakt@sellizer.pl and contain a description of the reservations made.

  3. A complaint should contain information describing the address at which the Application is available, the data of the applicant, his login in the system, the time of the problem and a detailed description of the problem.

  4. If, as a result of a complaint, the Customer was unable to use the Service in accordance with the Terms and Conditions, discounts and free periods of use of the Application are provided for. The result of a successfully accepted complaint is not financial compensation. The provision covered by the preceding sentence shall not apply to Customers who are Consumers. Consumers shall have the right to a refund.

  5. The Customer may withdraw from the Agreement after each full settlement period without paying for the next settlement period. If a payment is made and a subsequent Settlement Period is commenced, the contract shall remain in force until its end.

  6. In the event of a reduced fee for using the Service as a result of a long-term commitment amounting to a multiple of the Settlement Period, the Agreement shall remain binding until the end of all Settlement Periods covered by the Agreement, as a result of which a reduced payment occurs. It is possible to terminate access to the Application before the end of the Settlement Period at the express request of the Customer, but this will not result in a refund of the incurred fees.

Protection of intellectual property rights

  1. The Service Provider declares that it is entitled to provide the Service.

  2. Graphic design, applied solutions, content arrangement and the concept of working with the Application constitute works within the meaning of the Polish Act of 4 February 1994 on copyright and related rights and as such they benefit from the protection provided for in the provisions of the law.

  3. The use of the Application by the Customer or other persons does not mean that they acquire any intangible property rights to the works made available.

  4. It is prohibited to copy, modify or distribute the Application in whole or in part, or to modify or use it in a manner other than specified in the Terms and Conditions without the written consent of the Service Provider.

Personal data processing agreement 

  1. The subject of this Agreement is to entrust the processing of Personal Data to the Operator by the User. By concluding an Agreement with the Operator, the User represents that he/she gives the Operator an instruction to process Personal Data contained in the Agreement for the purpose and to the extent necessary to perform Sellizer's obligations under the Agreement.

  2. The User entrusts the Operator with the following data: name, surname, e-mail address, phone number of the customers and potential customers of the User, hereinafter referred to as “Personal Data”, i.e. persons to whom the User will direct correspondence. 

  3. The User:

    1. entrusts the Operator with Personal Data, including the processing of Personal Data for the purposes of performing Services

    2. entrusts the Operator with the Personal Data of the following categories of persons - customers and potential customers of the User

    3. entrusts the Operator with ordinary, i.e. not sensitive Personal Data (not related to health condition, racial or ethnic origin, political views, religious or philosophical beliefs, trade union membership, genetic data, biometric data), unless the User is authorized under applicable laws to process sensitive data

    4. agrees that the Operator shall use the services of other entities processing Personal Data (the so-called sub-processor) to the extent related to the performance of the Agreement.

  4. The Operator:

    1. undertakes to perform activities related to the processing of Personal Data for the purpose and to the extent necessary to perform the Agreement

    2. will process Personal Data only to the extent and for the purpose necessary for the implementation of the provisions of the Agreement.

  5. The User declares that he/she is the administrator of all Personal Data provided to the Operator in connection with the use of the Service.

  6. The User declares that:

    1. has technical and organizational measures to protect the processing of Personal Data within the scope required by applicable laws and regulations of the Operator, and in particular protects Personal Data against unauthorized disclosure, taking by an unauthorized person, processing in violation of applicable laws and alteration, loss, damage or destruction of such data, as well as meets other requirements set forth in the laws on the protection of personal data

    2. keeps the documentation required by law, describing the manner of processing Personal Data.

  7. The User declares that the Personal Data provided to the Operator have been collected and are processed in a manner consistent with the law, in particular the relevant consents of the Customer's clients have been obtained, or there is another legal basis for the processing of Personal Data by the User.

  8. The performance of this Agreement does not involve any monetary obligations on the part of the User and any financial settlements will be made under the Agreement.

  9. The Operator undertakes that:

    1. will keep in secret Personal Data and other data, and in particular information constituting a business secret, to which the Operator could gain access in connection with the performance of the provisions of this Agreement, also after the expiry or termination of the Agreement

    2. will immediately inform the User of any security breach of any information made available to the Operator by the User in connection with or during the performance of the Agreement

    3. will inform the User of any breach of obligations under this Agreement immediately, no later than within 2 working days from the date of the discovery of the breach

    4. will, as far as possible, help the User - through appropriate technical and organizational measures - fulfill the obligation to respond to the requests of the person to whom the Personal Data relate, in the scope of exercising the rights of that person specified in the relevant provisions of law

    5. taking into account the nature of Personal Data processing and the information available to the Operator, helps the User - only to the extent related to the performance of the Agreement - to meet the obligations in the scope of personal data protection imposed on him/her by the provisions of the European Union law.

  10. The User agrees to:

    1. collect or delete Personal Data provided to the Operator - together with the termination of the Agreement. If no action is taken within 14 days, the Operator shall be entitled to delete the Personal Data without notifying the User thereof. If the User decides to collect Personal Data previously entrusted to the Operator, the Operator will also delete all back-up copies of Personal Data

    2. exempt the Operator from any information obligations towards persons whose Personal Data is used and to fulfill these obligations independently - under pain of any liability provided for by applicable laws and regulations, as well as under pain of any liability for damages towards the Operator.

Final provisions

  1. These Terms and Conditions are available on the website www.sellizer.pl

  2. The Service Provider reserves the right to change the Terms and Conditions at any time.

  3. If the Terms and Conditions are amended during a Settlement Period, the Customer shall use the service based on the Terms and Conditions in its previous form until the end of the Settlement Period.

  4. In the case of amendments to the Terms and Conditions, the Customer will be informed of the amendment by at least one of the three methods of notification of the amendments:

    1. sending the information by e-mail to the address given in the registration form

    2. message inside the application

    3. information about the need to accept the new version of the Terms and Conditions at the stage of extending the validity of the account,

      unless the amendments to the Terms and Conditions do not relate to areas concerning the Customer or packages used by the Client.

  5. All changes to the Terms and Conditions are effective from the date of their publication on www.sellizer.pl website.

  6. Using the service means accepting the Terms and Conditions.