TERMS AND CONDITIONS FOR USING THE PLATFORM MY NEIGHBORHOOD

Valid from November 27, 2020

I. Introductory provisions

  1. The Regulations define the rules for the provision of services by the S4C Operator company to Users, consisting in providing notifications, searching for services, posting advertisements, which are described in the Regulations (read: Services)

    1. The Service Provider is S4C Operator Sp. z o.o. with its registered office in Warsaw at Gotarda 9, 02-683 Warsaw, entered into the register of entrepreneurs under the number KRS 0000759028 SĄD REGIONOWY DLA M. ST. WARSAW IN WARSAW, XIII FACULTY OF ECONOMY OF THE NATIONAL COURT REGISTER NIP: 5213847496 REGON: 381876889 which the user can contact by e-mail: kontakt@mojaokolica.com

II. Definitions

  1. My Okolica Platform – a set of services focused on handling and two-way communication with information, communication, protection functions, as well as information collection and processing in a distributed IT environment

  2. User – a natural person who is 18 years of age and has full legal capacity, a legal person or an organizational unit without legal personality but able to acquire rights and incur obligations on its own behalf, which has created an Account in the manner provided for in the Regulations.

  3. Person under care – a minor natural person for whom the account is established by their legal guardian, who is a User of the My Okolica Platform.

  4. User account – a part of the platform assigned to the User, identified on the basis of an email address.

  5. Entrepreneur’s account – based on the User’s account, the allocated part of the platform for local entrepreneurs on the basis of providing additional entrepreneur data

  6. Mobile application – software running on mobile devices such as smartphones, tablets

  7. Business cards of local senders – information about entities with which the Service Provider has concluded a separate cooperation agreement or contract for the provision of electronic services

  8. Polish broadcasters – entities from which the Service Provider downloads publically available content on its websites.

  9. Local entrepreneur – a list of entities running a business and providing their services in a specific geographical area

  10. Announcements / Marketplace – announcements, information published by Users with whom the Service Provider concluded an agreement for the provision of electronic services

  11. Safety and Health – a module providing information about available medical points in the area indicated by the User and enabling communication between two Users with regard to their location

  12. Calendar of events – a set of planned events, organized by the entity with which the Service Provider concluded a cooperation agreement or its subordinate entities

  13. Mobile device – an electronic device that allows you to process, receive and send data without the need to maintain a wired connection to the network.

  14. Service Provider’s Administrator – a person managing the software of the Moja Okolica platform, responsible for its efficient operation

  15. Client administrator – a person managing the software of the Moja Okolica platform on the client’s side with whom the Service Provider concluded a cooperation agreement

  16. Customer user – a person managing the structure created by the customer’s administrator

III. Services provided within the Moja Okolica platform

  1. Informational – static
    Business card of the entity with a separate industry, short description, contact details, active email address and telephone number, link to the home page, preview on the map. Visible within 25 km. from the User’s current location or within the administrative boundary of the local government in which the User resides. As part of the available business cards, the publication of content along with graphics. The possibility of visible opinions and comments on each of the available entities posted by logged in Users.

  2. Informative – dynamic
    Received at the request of the User who selects the willingness to receive push notifications (containing content, graphics, source of information) from an entity from the category of available local and / or nationwide broadcasters. The user selects a subscription for the business card of the entity from which he wants to receive push notifications on his mobile device. The user has the option to assign himself to many different business cards of entities and receive push notifications from them. The Service Provider informs that defined Senders decide about the number and frequency of notifications sent. In connection with the above, the subscription ends when the obligations under the contract concluded by the Service Provider with the selected entity being the Sender of notifications expire. The User may at any time unsubscribe from the selected Notification Sender or add another Sender from the Moja Okolica platform.

  3. Communication
    Services enabling two-way communication as part of the functionality: questionnaire, contact form, comments, two-way communication between the Sender and the User.

  4. Location
    The used geolocation of the User’s device in order to navigate to the selected entity or to provide an alarm notification. In addition to the current location of the device, the User may indicate several different locations from which he will be able to receive notifications from selected Senders assigned to the selected location.

  5. Announcements
    After logging in correctly, the user has the option to post ads dedicated to other users. The user has no restrictions on the number of advertisements posted. Each advertisement is valid for 1 month from the date of its publication. The advertisement comes from the User who independently determines its content. The content of the Advertisement must be consistent with the facts. Placing an Advertisement should reflect the actual intention to make the transaction to which the Advertisement relates. Announcements are available to all logged in Users of the Moja Okolica platform. One Advertisement may refer to only one Good, and the content of the Advertisement must clearly and unambiguously define whether the Good is a specific set or a single Good and indicate whether the price specified by the User relates to a set or a single Good. The User is responsible for the published content (including photos) and guarantees that they are consistent with the facts and the law, and their publication does not violate the rights of the Service Provider, the Regulations and the rights of third parties, including copyrights. The content of the Advertisement should clearly refer to the Good, describe it accurately, reliably and completely and should not mislead other Users, in particular as to the properties of the Good, such as: its quality, parameters, condition, origin, brand or manufacturer. Downloading or using the materials available on the Moja Okolica platform in any way requires the consent of the Moja Okolica company and may not violate the provisions of the Regulations and generally applicable law, and may not infringe the interests of Moja Okolica. It is forbidden to aggregate and process data and other information available on the Moja Okolica platform for the purpose of further sharing with third parties. The user publishing the advertisement ensures that he is entitled to use the provided, saved or published contact data (e-mail address, telephone number, etc.). The contact details provided when using the Moja Okolica platform may be used by the Service Provider, related entities or trusted business partners for appropriate communication. Marketing contacts take place on the basis of the User’s voluntary consent. The consent granted may be withdrawn or limited at any time by using the appropriate user account settings or by submitting such a request to the Service Provider by e-mail to the email address kontakt@mojaokolica.com.

    It is forbidden for the User to post any announcements regarding the trading of items such as:

    • Items or photos containing pornographic content, especially content involving people under the age of 15, related to the use of violence or the participation of animals;

    • Erotic gadgets;

    • Weapons and ammunition, the possession or sale of which requires an appropriate permit;

    • Explosives and pyrotechnics;

    • Music, movies, software and other goods that infringe copyright / intellectual property;

    • Items or photos containing content inciting hatred on the basis of national, ethnic, racial, religious differences or due to non-denominationality;

    • Materials that contain content that violates personal rights of third parties;

    • Dangerous chemicals, psychotropic substances and intoxicants, especially drugs;

    • Alcoholic beverages and tobacco products;

    • E-cigarettes and their liquids (so-called liquids);

    • Software licensed under NFR (Not For Resale);

    • Vehicle registration certificates and vehicle cards offered without the vehicles to which they were issued;

    • Serial keys sold without original software attached;

    • Personal data or lists of e-mail addresses;

    • Master’s theses, diploma theses, bachelor’s degree, matriculation theses, essays and other similar works;

    • Human or animal organs;

    • Medicines on the list of the Ministry of Health, including OTC;

    • Services and items related to encouraging the sending of a text message to payable SMS numbers (the so-called SMS Premium);

  6. Services of local entrepreneurs
    The database of local entrepreneurs is collected from the Google database under a separate agreement between the Service Provider and Google. The owner of the company’s business card downloaded from the Google database can edit its content, photos and description on the My Okolica platform on the basis of additional verification by authorization using the NIP number and mobile phone number. Properly carried out authorization of the owner of the business card enables the entrepreneur to send push notifications to the Users by connecting the RSS channel leading to the website. entrepreneurs. A user wishing to receive such notifications should express such a willingness from the level of the entrepreneur’s business card. At the same time, each User has the option of issuing an evaluation and a comment for a given entrepreneur.

  7. Calendar of events
    Based on the information posted by local or national broadcasters regarding the event organized in a specific geographic area, the User has the opportunity to view the subject, date, place, description of the event and can set a reminder for him, thanks to which he will receive a push notification in advance

  8. Safety and Health
    Each user has access to the nearest medical points such as pharmacies, hospitals, clinics, defibrillators located in a specific geographic area and presented in relation to the closest distance to the location of the User’s device. The user can view the information card of such a point, establish a telephone connection or navigate to the indicated address of the point.
    The user has the option of establishing a “safe movement zone” for his / her ward. The creation of an account for the ward can be done only by an adult User who will create a dedicated e-mail address for the ward, by means of which it will be possible to download the Moja Okolica application and then link Users’ accounts and establish security zones.

  9. User Account
    Creating an Account and / or logging in to the My Okolica platform is tantamount to concluding an agreement between the User and the Service Provider regarding the provision of services under the conditions provided for in the Regulations. In the case of legal persons and organizational units, only a person who is authorized to act in this respect on behalf of these entities may create an Account on their behalf and perform any further activities on the Website. The User may have and use only one Account on the Moja Okolica platform. It is not allowed to use temporary e-mail addresses, both for creating an Account and for posting an Advertisement. The provision of services to the User by the Service Provider as part of the Account on the Moja Okolica platform is indefinite, however, the User may delete the Account at any time and thus terminate the contract with the Service Provider by sending his statement in this regard via e-mail to the following address: kontakt @ mojeokolica. com

IV. User registration on the Moja Okolica platform

Registration on the platform can be done using:

  1. You have a Google account

  2. Your Facebook account

  3. Complete the registration form as instructed

The mobile application called Moja Okolica can be downloaded from the Google Play and App Store online stores. The use of the application is possible only after accepting the regulations. After reading and accepting the regulations, an agreement for the provision of electronic services is concluded between the User and the Service Provider.

V. Using the Moja Okolica platform

Using the My Okolica platform in its full version is possible if you log in correctly through a Google account, Facebook account, or a new account registration. A user logged in anonymously will receive access only to a limited extent of the Moja Okolica platform. An important factor influencing the quality of the platform’s operation is to indicate the location for which the Moja Okolica platform is to provide information.
Any natural person over 18 years of age may be a user of the Moja Okolica platform. If the User wants to use the “Safety and Health” module, especially the “Safety Zone” functionality, the User who wants to designate a safe movement zone for his child who is under 18 years of age is obliged to set up a dedicated email account for his child. and an account on Moja Okolica with which it will be possible to create security zones.
The user using any service within the entire Moja Okolica platform agrees to receive an alarm notification from the Regional Warning System or the Crisis Management Center dedicated to the User’s location

VI. Posting illegal content

It is forbidden to upload any content on the Moja Okolica platform that violates applicable law or good manners, in particular:

  1. Incitement to hatred based on race, gender, nationality, nationality, sexual orientation

  2. Offensive religious feelings

  3. Violating the rights of others

  4. Violating trademarks, company rights or other protected indications of the origin of goods and services

  5. Encourage criminal activities

VII. Technical conditions for using the Moja Okolica platform

  1. The mobile application in the latest version offered in the application store is available if the User has a phone with one of the following operating systems in the minimum version:
    o iOS 9.0 or later
    o Android 5.0 or later

  2. The Moja Okolica mobile application does not work on phones where it is not possible to install external applications.

  3. The Moja Okolica mobile application requires connection to the Internet. The application will not work on phones without Internet connection.

  4. The application can be installed simultaneously on several mobile devices.

VIII. Responsibility of the Service Provider

  1. The proper technical functioning of the Moja Okolica application;

  2. Ensuring continuous distribution of applications through authorized Google Play and App Store markets;

  3. Constant technical and IT supervision;

  4. Updating the version of the mobile application for mobile devices with newly introduced operating systems;

  5. Information on the functional changes made available on the Google Play and App Store markets;

  6. Ongoing technical support for users of the mobile application;

  7. Functional development taking into account the expectations of users;

  8. Securing personal data collected in the mobile application;

  9. Downloading data from common databases made available to the public (eg services, pharmacies, hospitals);

  10. Publication of PUSH notifications only to entities selected by the user;

  11. User verification based on the provision of data by him (name and surname, telephone number, e-mail address);

  12. Verification of the content in the “Announcements” module and removal of the content in the event of violation of paragraph 6 of the Regulations for the provision of electronic services, stating that illegal content is posted;

  13. Indicating the location of individual entities based on the correct location of the user of a mobile device;
    The contractor will be responsible for the correct operation of the application only in the case of original operating systems installed on mobile devices.

IX. Personal data.

The administrator guarantees the provision of appropriate technical measures and organizational ones ensuring the security of personal data processed.
The User’s personal data will be kept for as long as it is necessary to provision by the Administrator of services provided via the Mobile Application.
The Administrator has the right to share the User’s personal data with: subsidiaries; entities providing audit, advisory and consulting services; legal; entities authorized under the law; entities processing data on the basis of a data processing agreement – only in accordance with the instructions of the S4C Operator.
Personal data will not be transferred outside the European Economic Area.
Data processed on the basis of consent may be processed until its withdrawal or when the purpose of processing has been achieved.
The data may be processed on the basis of the legitimate interest of the data administrator, may be processed until the legitimate interests of MCX Systems being the basis for such processing are fulfilled or until the User objects to such processing.
The data processed in connection with the concluded contract will be processed until the expiry of the contract and cover the warranty period and pursuing any claims. The User’s data used for direct marketing purposes will not be further processed in the event of an objection.

The user has the right to:

  • the right to access personal data and the right to demand their rectification, objection to processing, deletion or limitation of their processing;

  • the right to withdraw consent; the withdrawal of consent does not affect the lawfulness of the processing which was carried out on the basis of consent before its withdrawal;

  • the right to transfer personal data, i.e. to receive personal data from the Administrator in a structured, commonly used and machine-readable format (if applicable), in order to possibly transfer the data to another data administrator;

  • the right to lodge a complaint with the supervisory body (the President of the Personal Data Protection Office) dealing with the protection of personal data, when you believe that the processing of your personal data violates the provisions of the Regulation of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with the processing of personal data and on the free movement of such data, and repealing Directive 95/46 / EC (Journal of Laws UE L 119
    of May 4, 2016).

If the User deletes personal data, the User will lose the ability to use the functions of the Application using this data. Complaints related to the provision of Services should be sent by e-mail to the following address: kontakt@mojaokolica.com with “Complaint” in the e-mail title or in writing to the Service Provider’s address: ul. Gotarda 9, 02-683 Warszawa with a note on the envelope “Complaint”. The content of the complaint should contain the User’s contact details and a description of the problem. Complaints will be considered in the order in which they are received, but not later than within 30 days of their receipt by the Service Provider. After considering the complaint, the Service Provider will provide information to the person making the complaint about the method of its resolution by e-mail or letter (depending on the method of receiving the complaint). Complaints are considered in accordance with generally applicable laws.

X. Termination of the Agreement and Withdrawal from the Agreement (right and effects).

  1. The User may stop using the My Okolica Platform at any time by removing it from the Mobile Device in a standard way for a given version of the operating system installed on the Mobile Device or by informing the Service Provider via e-mail to the address indicated in point I.1 of these Regulations.

  2. A user who is a consumer may withdraw from the contract within 14 days of the registration date without giving any reason and without incurring any costs. The declaration of withdrawal from the Agreement may be submitted by the User in writing by sending it to the Administrator’s address provided in point IX of the Regulations or in electronic form to the e-mail address indicated in point I.1 of the Regulations.

  3. The declaration of withdrawal from the contract may take any wording, which will result in the will to withdraw from the contract, however, in order to meet the deadline, it is sufficient to send the said statement before the deadline indicated in point XI.2 of the Regulations.

  4. The Service Provider may terminate the Agreement at any time in the event that the User or their charges use the My Okolica Application Platform in a manner contrary to the law or the Regulations, informing the User about it to the e-mail address provided by the User.

  5. In the event of termination of the Agreement for the use of the Moja Okolica Platform as well as in the event of withdrawal from the above Agreement, the Service Provider immediately deactivates the access of the User and their charges to the Moja Okolica Platform, while the User is obliged to immediately uninstall the Application from their own and the charges’ mobile devices.

XI. Final Provisions

  1. Regulations for the provision of electronic services for Users of the Moja Okolica platform is available from the level of the Moja Okolica mobile application – Regulations tab, and on the website https://mojaokolica.com to be downloaded from the Regulations tab

  2. Information about the change in the Regulations of the Service Provider will be each time posted on the website https://mojaokolica.com and in the Moja Okolica mobile application. Amendments to the Regulations enter into force on the date indicated by the Service Provider, but not earlier than 7 days from the date of posting the information on the website and in the Moja Okolica mobile application.

  3. The Service Provider reserves the right to terminate the agreement with the User if the User undertakes actions that violate the provisions of the Regulations or generally applicable law and continues to act despite the Service Provider’s request to refrain from them.

  4. Any disputes related to the services provided on the Moja Okolica platform will be settled by the court competent for the Service Provider.

  5. The User may use extrajudicial means of dealing with complaints and redress by means of:

    • Permanent consumer arbitration court operating at the Trade Inspection

    • Provincial inspector of the Trade Inspection

    • The EU’s online platform ODR (Online Dispute Resolution), available at the internet address http://ec.europa.eu/consumers/odr/
      Information on the possibility for the Consumer to use extrajudicial means of dealing with complaints and redress is available on the website http://www.uokik.gov.pl