§1.
Definitions
The terms used in the Regulations mean:
Regulations - this document.
ICT system - a team of cooperating IT devices and software, ensuring the processing and storage, sending, and receiving of data via telecommunications networks, using the appropriate end device (for a given type of network).
Electronic address - designation of the ICT system enabling communication through electronic communication, in particular e-mail address or website.
Internet service - an information internet service with extensive functionality available at the website www.restaumatic.com.
User - a person using the Internet service; - (1) a natural person with active legal capacity for whom the use of the Internet service, including the conclusion of Sales Agreements, is directly related to its business or professional activity, and also regardless of the fact of running a business; (2) legal person; or (3) an organizational unit without legal personality, which the law recognizes as having legal capacity; - which (1) uses or intends to use the Electronic Services.
Service Provider - Restaumatic Sp. z o.o. with headquarters in Zabrze (41-800), Wolności 345, Tax ID (NIP): 6482765571, entered into the Register of Entrepreneurs - the National Court Register kept by the District Court in Gliwice, 10th Commercial Division of the National Court Register under the number KRS 0000416054, share capital in the amount of: PLN132.300,00.
Electronic Service or Electronic Services - the service or services provided electronically via the Internet service, listed in § 2.
Blog - Electronic Service, an internet blog available on the Internet service for its Service Providers.
Test Page - Electronic Service, restaurant test website.
Chat - Electronic Service, constituting an additional communication tool, available by the Service Provider via the Internet Service, enabling the User to contact the Customer Service Representative.
Contact Form - Electronic Service, a form available on the Internet Service website that allows you to submit a query for a Product, its valuation, check the needs, or adjust the Product to the User's needs.
Newsletter - Electronic Service, electronic distribution of service provided by the Service Provider via e-mail or text message, which allows all Users to automatically receive from the Service Provider periodical content of subsequent editions of the newsletter containing information about the Products, Blog, news, and promotions of the Service Provider, available to all Users.
Product - the service or right that is the subject of the Agreement between the User and the Service Provider.
Agreement - contract for the provision of services, licenses, or other Product-related agreement which is concluded between the User and the Service Provider.
§2.
General provisions
There are Electronic Services available on the Internet service as listed below:
Blog - the use of the Blog available on the Internet service is free of charge for all Users. Switching to another website or closing the browser is possible at any time and without giving a reason.
Contact Form - the use of the Contact Form begins with the commencement of its completion by the User. Sending the Contact Form takes place after the User performs: - the activities of filling in the Contact Form, and then clicking on the action field on the Internet service, which is placed under the Form. The following User data is required to be provided in the contact form: e-mail address and/or telephone number. The Electronic Service of the Contact Form is free of charge. This is a one-off service and is terminated when the message is sent through it or when its fulfillment is ceased earlier.
Newsletter - the use of the Newsletter takes place after providing: the e-mail address to which subsequent editions of the Newsletter are to be sent and by clicking on the action field. The Newsletter Electronic Service is free of charge and is provided for an indefinite period. The User has the option, at any time and without giving any reason, to unsubscribe from the Newsletter by sending a declaration of resignation from the Newsletter to the Service Provider, in particular via e-mail to the following address: contact@restaumatic.com, as well as by clicking on the link available in the message sent as part of the Newsletter.
Test Page - the use of the Restaurant Test Page begins with the moment of entering an example name of the restaurant, selecting the type of offer, and clicking the "Create Test Page" button. This service offers the User the possibility to check what the restaurant's website looks like.
Chat - a service constituting an additional communication tool, provided by the Service Provider via the Internet service, enabling the User to contact the Customer Service Representative. Communication consists of sending alternating text messages.
The technical requirements for the ICT system used by the Service Provider are as follows: the User shall have a computer, laptop, or other multimedia device with Internet access; access to electronic mail; current web browser: Mozilla Firefox, Internet Explorer, Opera, Google Chrome, Safari, or Microsoft Edge; recommended minimum screen display resolution: 375 x 667 px; (5) enabling the option of saving cookies in the web browser.
The User is obliged to use the Internet service in a manner consistent with the law and morality, with respect for personal rights as well as copyrights and intellectual property of the Service Provider and third parties. The user is obliged to enter data in accordance with the facts. The user is prohibited from providing illegal content.
Electronic Services provided by the Service Provider are free of charge.
§3.
General conditions for the conclusion and termination agreements for the provision of the Product
Announcements, advertisements, price lists, and other information about the Products provided on the Internet service, in particular their descriptions, technical and performance parameters, and prices, do not constitute an offer, but an invitation to conclude a contract, within the meaning of art. 71 of the Civil Code.
The price of the Product displayed on the Internet service is given - unless otherwise stated - in Polish zlotys and is a net price, i.e. it does not include VAT.
The User has the right to use the Products under the Regulations and the concluded Agreement as well as the applicable regulations and/or general terms and conditions for the provision of services by the Service Provider, in accordance with their intended use and only as part of running their own business and in a manner consistent with the law and morality, with respect for personal rights as well as copyrights and intellectual property of the Service Provider and third parties.
The terms of use of the Products are defined by the general terms and conditions of the provision of services by the Service Provider and prevail in matters not regulated by these Regulations and to the extent that their clauses cannot be reconciled with the Regulations.
§4.
Intellectual property
The Internet service as a whole, including the Blog and Newsletter, as well as all the content displayed therein, are protected by copyright, intellectual property law, and other relevant provisions of generally applicable law. All copyrights and intellectual property rights to the Internet service, Blog, and Newsletter, as well as all content displayed therein, belong to the Service Provider or other authorized third parties. This protection covers all forms of their expression.
The User may use the works provided by the Service Provider via the Internet service only as part of the fair use.
The User, by providing information via the Internet service or by sending the Service Provider information to the electronic address provided on the Website, that includes, in particular, works, trademarks, or disclosing personal data, declares that:
they are not encumbered with third-party claims;
they are free from legal defects;
has all the consents and powers required by generally applicable law.
§5.
Personal data protection
The administrator of the User's data is Restaumatic Sp. z o.o. with headquarters in Zabrze (41-800), Wolności 345, Tax ID (NIP): 6482765571, entered into the Register of Entrepreneurs - the National Court Register kept by the District Court in Gliwice, 10th Commercial Division of the National Court Register under the number KRS 0000416054.
The Recipient's personal data provided through the Service will be processed by us:
in order to take action before the conclusion of the contract and to perform the contract for the provision of electronic services, i.e. collecting data provided in the Contact Form and providing information and communication in connection with submitting a contact request via the form (in particular sending e-mails and telephone contact in connection with your questions submitted to us), as well as to administer the Service - according to art. 6 sec. 1 point a) and b) of 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 (General Data Protection Regulation, "GDPR");
for technical purposes related to the maintenance of the Service and for direct marketing purposes - according to art. 6 sec. 1 letter f) of the GDPR.
Providing data is voluntary, but necessary to use the system.
The legitimate interest pursued by the Service Provider is the maintenance of the Service, including ensuring its proper functioning, removing errors, and developing the Service. In addition, such purposes are statistical research related to activity on the Service, queries made through the Service. The legitimate interest is direct marketing of the Service Provider's products and services.
In the case of data processed in the legitimate interest of the Service Provider, they will be processed until the User objects to data processing, unless the Service Provider proves the existence of valid legitimate grounds for processing on his side, overriding the User's interests, rights, and freedoms; the above does not apply to the objection to the processing of User's data for direct marketing purposes.
On the terms and to the extent specified in the provisions on the protection of personal data, the User has the right to request access to personal data, rectification, deletion, or limitation of processing and has the right to object to the processing, as well as the right to transfer data.
Additionally, the User has the right to lodge a complaint with the President of the Personal Data Protection Office.
The User's data may be transferred to the Service Provider's subcontractors or other entities to which he entrusted the processing of personal data (e.g. IT companies, entities providing hosting or software support), the Service licensor and entities associated with it, accounting companies, lawyers and other advisers, public authorities and courts.
As part of the service and in order to improve the Internet service, there is profiling used on the terms set out in the cookies regulations.
The User's data may be transferred to third countries that do not ensure an adequate level of personal data protection, e.g. to the USA, Ukraine. In such a case, the Service Provider will implement appropriate instruments ensuring an adequate level of protection of such data, in particular, it will apply standard contractual clauses adopted by the decision of the European Commission. Copies of such instruments shall be available to the User.
Providing personal data by the User is voluntary, but necessary to conclude a contract on the use of the Service.
The User's data may be used to make decisions about the User automatically, including profiling in order to keep statistics on the use of the Service. Profiling will be based on the analysis of the User's activity in the Service and adjusting the available functions to the User's activity to best adapt to his needs. The user may limit or disable the possibility of profiling by personalizing the use of cookies.
If the processing is based on the legitimate interest of Restaumatic, the User may object to the processing of data (including profiling) for reasons related to a unique situation. At any time, the User may also object to the processing of personal data for direct marketing (including profiling), to the extent to which the processing is related to such direct marketing.
§6.
Complaints procedure
The User may submit a complaint in matters related to the working of the Website.
Complaints may be submitted by e-mail to the following e-mail address: contact@restaumatic.com.
The Service Provider will consider the complaint immediately, but no later than within 30 days from the date of receipt of the complaint.
A response to the complaint will be sent to the User's address provided in the complaint.
§7.
Description of threats
According to Art. 6 point 1) of the Act of July 18, 2002, on the provision of electronic services (Journal of Laws of 2002, No. 144, item 1204, as amended), the Service Provider informs about the special risks related to the use by Users of the services provided electronically by the Service Provider as part of the use of Electronic Services. The information concerns threats that the Service Provider identifies as potential threats that should be taken into account despite the systems securing the infrastructure against the unauthorized influence of third parties:
the possibility of receiving spam, i.e. unsolicited advertising (commercial) information sent electronically,
the possibility of malware (malware, worms) operating in a network environment distributed through code replication,
the possibility of breaking security to obtain personal and confidential information by sending false electronic messages resembling authentic messages,
the possibility of unauthorized wiretapping consisting in the use of a computer program that task is to intercept and possible analysis of data flowing in the network (spyware),
violation of economic copyrights through their unauthorized copying and use without the consent and knowledge of the authorized entity,
installing software to use the Product from sources other than sources authorized by the Service Provider, which, despite measures taken to minimize the possibility of sharing software versions modified by third parties, may contain malware.
§8.
Final Provisions
The Service Provider reserves the right to amend these Regulations, in particular for organizational or legal reasons, including for reasons related to a change in the scope or type of Services and Products provided by the Service Provider.
The User shall be informed about the amendment to the Regulations through the information posted by the Service Provider on the Internet service.
Any changes to the Regulations are effective upon posting the new Regulations on the Internet service.
The User is obliged to get acquainted immediately with the changes to the Regulations. The use of the Internet service and Services by the User after the amendments to the Regulations have been introduced is considered to be an acceptance of the Regulations as amended.
In matters not covered by the Regulations, the provisions of generally applicable law shall apply.