Regulations of the Pakomatic Kurier mobile application

I. GENERAL PROVISIONS

  1. These regulations (hereinafter: "Regulations") define the rules for using the Pakomatic Kurier mobile application, as well as providing electronic services through it.
  2. The Regulations contain the rules for the provision of electronic services by the Service Provider within the meaning of art. 8 of the Act of 18 July 2002 on the provision of electronic services (i.e. Journal of Laws of 2017, item 1219, as amended).
  3. The terms used in these Regulations have the meaning given below:
    • Application - software under the name Pakomatic Courier provided by the Service Provider, installed in the memory of the Mobile Device, functioning on the Pakomatic Platform.
    • Services - services provided electronically by the Service Provider via the Application, described in point 1.4 of the Regulations.
    • Pakomatic Platform - the IT environment on which the Pakomatic Application operates, managed by the Service Provider.
    • User - a natural person, legal person or organizational unit without legal personality that uses the service provided electronically by the Service Provider.
    • Service Provider - Pakomatic Sp. z o. o. with its registered office in Białystok, ul. Żurawia 71, entered into the National Court Register kept by the District Court in Białystok, 12th Commercial Division of the National Court Register under KRS number 0000635576, registered under REGON number 365326925, being a VAT payer, NIP number: 9662106110.
    • Mobile device - a (portable) electronic device that allows processing, receiving and sending data, such as a smartphone, tablet, mobile phone, laptop.
    • License - an agreement for the use of the Application, concluded between the Service Provider and the User at the moment of installing the Application, regulating the rules on which the User may use the Application.
  4. The services provided via the Application consist in particular in:
    • Possibilities of opening Pakomatic locks,
    • Possibilities of closing Pakomatic locks,
    • sending an SMS,
    • other services that are available through the Application.
  5. Services using the Application are provided 24 hours a day, 7 days a week, at the User's request.
  6. Downloading the Application from stores dedicated to a given software, as well as using the Services offered through it, is free of charge, for open devices. The application requires a paid license for users when using Pakomatic locks, dedicated to companies that have an agreement with Pakomatic.
  7. The Service Provider is not a provider of data transmission services. The costs of data transmission required to download, install, run and use the Application are covered by its Users on their own, based on agreements concluded with telecommunications operators or other Internet provider. The Service Provider is not responsible for the amount of fees charged for the use of data transmission necessary to use the Application. The Service Provider recommends Application Users to use applications or functions of the operating system consisting in measuring the transmitted data.
  8. The Application and all materials and information contained therein, solutions, selection and layout of the content, logotypes, graphic elements, trademarks contained within the Application, are subject to the exclusive rights of the Service Provider or its business partners.
  9. The Service Provider, as part of cooperation with various partners, may provide Users with various services as part of the Application. The rules for the provision of electronic services as part of these websites are set out in the individual regulations of these websites. Using the offered services requires reading and accepting individual regulations. In the event of a conflict between the Regulations and the regulations of individual websites, the provisions of the regulations of individual websites shall apply. In matters not covered by the regulations of individual websites, the provisions of the Regulations shall apply.

II. TECHNICAL REQUIREMENTS AND ACCESS RULES

  1. The application is available to all users of mobile devices who download it from the store offering mobile applications, install and run it correctly on the mobile device and correctly confirm the telephone number on which the application has been installed.
  2. The mobile device on which the Application is to be launched must have the software necessary to cooperate with the ICT system used by the service provider:
    • for the version of the application downloaded from Google Play - Android,
  3. For the launch and proper operation of all functionalities of the Application, it is necessary to activate the following device functions:
    • active internet connection,
    • an active location service,
    • the bluetooth function on your Mobile Device.
  4. The content of the Regulations is provided to the User free of charge when the Application is launched for the first time on a mobile device. When launching the Application for the first time on a mobile device, the User is obliged to read the Regulations. Acceptance of the Regulations is voluntary, but it is a condition for using the Application.
  5. Upon acceptance of the Regulations, a contract for the provision of electronic services is concluded between the Service Provider and the User. The contract is concluded for an indefinite period.
  6. In order to use the Application, it is necessary to authenticate the user's phone number.
  7. In order to register via the Application, the User is obliged to provide the following data in the registration form in the Application:
    • Phone number.
  8. When registering an account and using the Application, the User should provide true, accurate, complete and not misleading data. The service provider does not verify the accuracy of the provided data. The User is solely responsible for the accuracy of the data provided during registration and use of the Application, including personal data, both of himself and of third parties. In the case of providing data of third parties, the User declares that he has all the consents of these persons to provide such data, including personal data.

III GENERAL RULES FOR USING THE APPLICATION

  1. The Service Provider provides Services on the terms set out in the Regulations.
  2. Users are obliged to use the Application in a manner consistent with the applicable law, the Regulations, the License, the regulations of the websites and the regulations of the stores from which the Application was downloaded, as well as with the principles of social coexistence, including the general principles of using the Internet and mobile applications, and also respecting the rights of third parties and the Service Provider.
  3. Users are obliged in particular to:
    • use the Application in a way that does not interfere with its functioning,
    • use the Application in a way that is not inconvenient for other Users and the Service Provider, respecting the personal rights of third parties (including the right to privacy) and any other rights they are entitled to,
    • use any information and materials made available through the Application only within the scope of permitted use.
  4. The User is obliged not to provide content of an unlawful or offensive nature, content whose disclosure has been excluded, content infringing the personal rights of third parties, inciting to commit a crime, as well as vulgar or inconsistent statements with the seriousness of the Service Provider, as well as advertising content without the consent of the Service Provider.
  5. Users are obliged to immediately notify the Service Provider of any violation of their rights in connection with the use of the Application. The notification can be sent by e-mail to the address serwis@pakomatic.com.
  6. If it is found that the User commits actions prohibited by law or the Regulations, or violating the principles of social coexistence or detrimental to the legitimate interest of the Service Provider, the Service Provider may take all actions permitted by law, including restricting the User's ability to use the Application and the Services provided through it.
  7. The Service Provider is not responsible for the User's use of the Application in a manner inconsistent with the provisions of the Regulations.

IV. SERVICE PROVIDER'S LIABILITY

  1. The Service Provider conducts ongoing supervision over the technical functioning of the Application, ensuring its correct operation. However, the Service Provider does not guarantee the constant availability of all Application functions, as well as their flawless operation.
  2. The User uses the Application voluntarily, at his own risk. The Service Provider's liability for any damage caused in connection with the use of the Application, and in particular the lack of its functioning, as well as incorrect functioning, is excluded to the fullest possible extent, legally permissible.
  3. The Service Provider is not responsible for limitations or technical problems in ICT systems used by Users' mobile devices and which prevent or limit the Users' use of the Application and the services offered through it. The Service Provider is not responsible for the User's unsatisfactory quality, performance and accuracy of the Application.
  4. The operation of the Application may be interrupted due to technical reasons, in particular due to the need to maintain the Application or supporting systems. The Service Provider will inform about the planned break in the operation of the Application by posting relevant information in the Application.
  5. The provision of the Service may be interrupted in the event of poor connection quality, damage or defects in telecommunications equipment, power supply systems, computer hardware, telecommunications network failures, power outages or any actions of third parties during the transaction.
  6. The Service Provider has the right to block access to the Application or individual Services in the event of irregularities in the use of the Application, in particular the occurrence of circumstances that could cause damage to the User, Service Provider or Pakomatic Business Partner. The Service Provider is not responsible for the temporary suspension of access to the Application for the period necessary to remove the existing threats or irregularities.
  7. Using the Application in no way releases the User from the obligation to comply with the provisions of the transport law within the meaning of the Act of November 15, 1984, and postal law (Journal of Laws 2016.1113 - consolidated text) within the meaning of the Act of November 23, 2012, and the Service Provider cannot be held responsible for their violation by the User.

V QUIT USING THE APPLICATION

  1. Both the User and the Service Provider have the right to terminate the contract for the provision of electronic services at any time, without giving reasons.

VI. PRIVACY POLICY

  1. The administrator of personal data is the Service Provider, i.e. Pakomatic Sp. z o. o. with its registered office in Białystok, ul. Żurawia 71, entered into the National Court Register kept by the District Court in Białystok, 12th Commercial Division of the National Court Register under KRS number 0000635576, registered under REGON number 365326925, being a VAT payer, NIP number: 9662106110.
  2. Regarding the protection of personal data, the User may contact the Administrator via e-mail sent to the address: serwis@pakomatic.com.
  3. When registering an account in the Application, as well as when using the Application, the Service Provider may request the User to provide personal data in order to provide services provided by the Administrator via the Application.
  4. Providing personal data is voluntary, but the lack of such data makes it impossible to use individual Application Services.
  5. In order to use individual Services, it is necessary for the User to provide the following personal data:
    1. Application user's phone number,
    2. Recipient's phone number to send SMS,
  6. The User's personal data will be processed only for the following purposes and legal grounds:
      1. related to the conclusion and performance of the Agreement and the provision of Services, as well as considering complaints and requests and answering User's questions (in accordance with Article 6(1)(b) or (f) of the GDPR); 2. possible determination, investigation, enforcement of claims or defense against claims being the implementation of the legally justified interest of the Administrator, as well as in order to prevent abuse and fraud (in accordance with Article 6(1)(f) of the GDPR); 3. storing data for archiving purposes and ensuring accountability (in accordance with Article 6(1)(f) of the GDPR); 4. if the User agrees, the Administrator processes his data in order to save data in cookie files, collect data from the Application (in accordance with Article 6(1)(a) of the GDPR).
  7. The Administrator processes Users' personal data in accordance with the requirements of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/ EC ("GDPR"), the Act of May 10, 2018 on the protection of personal data (Journal of Laws: 2018. item: 1000), as well as the Act of July 18, 2002 on the provision of electronic services ( i.e. Journal of Laws of 2017, item 1219, as amended).
  8. The administrator ensures the use of appropriate technical and organizational measures to ensure the security of personal data being processed, in particular preventing unauthorized third parties from accessing them, or their processing in violation of the provisions of generally applicable law, preventing the loss of personal data, damage or destruction.
  9. The User's personal data will be stored for the period of:
    1. the validity of the Agreement concluded with the Administrator, and after its completion, in connection with the Administrator's legal obligation resulting from generally applicable laws;
    2. necessary for the Administrator to pursue claims in connection with its business or defend against claims against the Service Provider, on the basis of generally applicable law, taking into account the limitation periods for claims specified in generally applicable law;
    3. in the case of consent to the processing of data for a given purpose - until the consent is withdrawn or no longer than it is necessary to achieve the purpose for which they were collected;
    4. for the purpose of accountability, i.e. to prove compliance with the provisions on the processing of personal data, they will be stored for the period in which the Administrator is obliged to keep the data or documents containing them to document the fulfillment of legal requirements and enable control of their fulfillment by public authorities.
  10. The user who has provided the Administrator with his personal data has the right to:
    1. access your data and receive a copy thereof;
    2. rectify (correct) your data;
    3. deletion of data (the so-called right to be forgotten),
    4. restrictions on the processing of personal data;
    5. withdrawal of consent in the event that the Administrator will process the User's data based on consent, at any time and in any way, without affecting the lawfulness of the processing that was made on the basis of consent before its withdrawal;
    6. file a complaint to the President of the Office for Personal Data Protection, when the User considers that the processing of personal data violates the provisions of the GDPR.
  11. As part of the exercise of the rights referred to in par. 12 above, the User may request the Administrator to perform certain actions. The application should be sent via e-mail to the address serwis@pakomatic.com. In order to check whether the person requesting a specific operation on personal data has the right to do so, the Administrator may request additional data to verify the identity of the person making the request.
  12. In the event of permanent deletion by the User of personal data necessary for the Administrator to provide services provided via the Application, the User will lose the ability to use these services.

VII. COMPLAINTS

  1. All complaints related to the functioning of the Application and the provision of Services through it, as well as questions regarding the use of the Application, should be directed to the Service Provider at the e-mail address: serwis@pakomatic.com.
  2. The complaint should include: the name and model of the mobile device, the current version of the ICT system installed on the device, a detailed description and reason for the complaint. In addition, the complaint may contain the user's telephone number. The response to the complaint will be sent to the e-mail address from which it was received. If the complainant wants the response to the complaint to be delivered to a different e-mail address, he or she should stipulate this in the content of the message.

VIII. CHANGE AND ACCESS TO THE REGULATIONS

  1. The Service Provider has the right to change the Regulations.
  2. If the changes to the Regulations are not accepted, the User may not use the Application under the existing rules. The Service Provider, upon receipt of the notice of termination of the contract, will immediately delete the User's account.

IX. FINAL PROVISIONS

  • In matters not covered by the Regulations, the relevant provisions of Polish law shall apply, in particular the Civil Code (i.e. Journal of Laws of 2017, item 459, as amended), Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 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, the Act of 10 May 2018 on the protection of personal data (Journal of Laws: 2018, item : 1000), the Act of 18 July 2002 on the provision of electronic services (i.e. Journal of Laws of 2017, item 1219, as amended), the Act of 30 May 2014 on consumer rights (i.e. Journal of Laws of 2017, item 683), the Act of 11 September 2015 on insurance and reinsurance activity (i.e. Journal of Laws of 2017, item 1170 as amended), the Act of 22 May 2003 on insurance mediation (i.e. Journal of Laws of 2016, item 2077, as amended), the Act of February 4, 1994 on copyright and related rights (i.e. OJ of 2017, item 880 as amended).