NEWSLETTER

Kancelaria Adwokacka adw. dr Joanna Kaźmierczak​

TERMS OF SERVICE

TERMS OF SERVICE
ADWOKAT-KAZMIERCZAK.PL

I. General information.

1. Definitions of terms used:

a. administrator (personal data administrator) – a natural or legal person, public authority, entity or other body which alone or jointly with others determines the purposes and means of the processing of personal data;

b. electronic mail address – an indication of the information and communication system which makes it possible to communicate by electronic means, in particular an e-mail address;

c. commercial information – any information intended directly or indirectly to promote the goods, services or image of the trader or professional person, whose right to exercise the profession is subject to the fulfilment of requirements set out in separate acts, with the exclusion of information enabling communication by means of electronic communication with a specific person and information about goods and services not serving to achieve the commercial effect desired by the entity that orders its dissemination, in particular without remuneration or other benefits from other entities;

d. Civil Code – Act of 23 April 1964 Civil Code (Journal of Laws No. 16, item 93, as amended);

e. message – any information exchanged or communicated between named individuals using publicly available data communication services;

f. consumer – a natural person within the meaning of Article 22¹ of the Civil Code, i.e. a natural person making a legal transaction with an entrepreneur which is not directly connected with his/her economic or professional activity;

g. operator – the owner of the website;

h. privacy policy – a document posted on the website to inform users of the website about what personal data is collected about them and how it will be used, hereinafter referred to as the “policy”;

i. entrepreneur – in accordance with the Act of 6 March 2018 the Entrepreneurs’ Law (i.e. Journal of Laws of 2024, item 236 as amended.), a natural person, a legal person, an organisational unit that is not a legal person and to which a separate act grants legal capacity, performing in its own name a business activity (including a partner in a civil partnership within the scope of his/her business activity), using or able to use through the service the services provided by the operator for the purpose related to his/her business or professional activity, or a proxy of the entrepreneur;

j. data processing – any operation or set of operations which is performed upon personal data or sets of personal data, whether or not by automatic means, such as collection, recording, organisation, organisation, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction, whether or not by computer systems;

k. service (website) – the website (page) owned and operated by the operator, located at https://adwokat-kazmierczak.pl;

l. ICT system – a set of cooperating IT devices and software, ensuring processing and storage, as well as sending and receiving data via telecommunication networks by means of a telecommunication terminal device appropriate for a given type of network, within the meaning of the Act of 16 July 2004. – Telecommunications Law (Journal of Laws of 2014, item 243, as amended);

m. provision of services by electronic means – performance of a service provided at a distance without the simultaneous presence of the parties, through the transmission of data at the individual request of the recipient of the service, sent and received by means of equipment for electronic processing, including digital compression, and storage of data, which is entirely transmitted, received or transmitted via a telecommunications network within the meaning of the Act of 16 July 2004. – Telecommunications Law;
n. means of electronic communication – technical solutions, including ICT devices and software tools cooperating with them, enabling individual communication at a distance using data transmission between ICT systems, in particular electronic mail;

o. services – activities which are performed through the service by the service provider for the benefit of the service recipients on the basis of the terms and conditions;

p. service provider – an operator of a website who, in the course of his commercial or professional activity, provides services electronically on the basis of contracts concluded with the customer;

q. recipient of the service – a natural person, a legal person or an organisational unit without legal personality, who uses the service provided by the operator (service provider) electronically on the basis of an agreement concluded with it by means of electronic communication;

r. user – a person using the service who is a natural person, legal person or organisational unit without legal personality, even if they have not concluded a contract with the service provider;

s. user terminal equipment – a device through which the user accesses an ICT network, e.g.: desktop computer, laptop, tablet, smartphone, etc;

t. image – the recognisable and current likeness of an individual providing personal data when using the site;

u. registered office – the main place of business activity of the entrepreneur or the seat of a branch of a foreign entrepreneur performing business activity in the territory of the Republic of Poland;

v. dataset – a structured set of personal data accessible according to specific criteria, whether that set is centralised, decentralised or dispersed on a functional or geographical basis.

2. This document, hereinafter referred to as “Terms and Conditions”, defines the types and scope of services provided by electronic means, the conditions for the provision of services by electronic means, the complaint procedure, the operator’s liability, the rules for the use of the website located at https://adwokat-kazmierczak.pl, the rules for the use of services provided through it, as well as the rules for the protection of users’ personal data to the extent not regulated in the Privacy Policy or the Cookie Policy.

3. The operator of the website, and at the same time the service provider, is Joanna Kaźmierczak running a sole proprietorship registered in CEIDG under the name Kancelaria Adwokacka adw. Joanna Kaźmierczak, REGON: 365128160, NIP: 7272691996, hereinafter referred to as the website operator.

4. The service’s mission is to:

a. the promotion of the provider’s business activities,
b. enabling a person interested in the provider’s activities to communicate with the provider,
c. direct marketing of its own products, including services,
d. conducting surveys,
e. collection of statistical information for direct marketing purposes.

5. The administrator of the personal data processed in connection with the use of the service in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons in relation to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC is Joanna Kaźmierczak, running a sole proprietorship registered in CEIDG under the name Kancelaria Adwokacka adw. Joanna Kaźmierczak, REGON: 365128160, NIP: 7272691996. The administrator of personal data may contractually entrust the processing of data collected within the framework of the services to other entities on the basis of Article 28(3) of the aforementioned Regulation of the European Parliament and of the Council (EU) 2016/679 of 27 April 2016, of which he will immediately notify the user via the service.

6. By making the service available on the Internet in accordance with the Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws No. 144, item 1204, as amended), hereinafter referred to as the “Act on the provision of electronic services”, the operator of the service undertakes to provide electronic services in accordance with the principles described in the Regulations.

7. By using the service, the service user or user confirms that he/she has read the Terms and Conditions and confirms that he/she accepts them fully and without reservation, at the same time undertaking to unconditionally comply with their provisions. Failure to accept any of the provisions of the Terms and Conditions by the user or service recipient should be tantamount to resignation from the use of the service and the services provided through it.

8. These Terms and Conditions are available to service users free of charge through the service in a form that allows them to download, record, print and reproduce them in the ordinary course of business.

9. The Terms and Conditions constitute a model contract defining the provisions of service agreements concluded through the service.

10. The content of the website is not an offer within the meaning of the Civil Code, but merely an invitation to make an offer or to enter into negotiations.

11. In matters not covered by the Regulations, the provisions of Polish law shall apply, in particular:

a. Act of 23 April 1964 Civil Code (Journal of Laws No. 16, item 93, as amended),
b. Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws No. 1444, item 1204, as amended),
c. Act of 4 February 1994 on copyright and related rights (Journal of Laws, i.e. 2016, item 666, as amended).

12. Polish law shall apply to the settlement of disputes and the interpretation of the contract. All contracts concluded through the service shall be governed by Polish law.

13. Any disputes shall be settled by the competent court according to the applicable legislation.

14. These Terms and Conditions are subject to protection under copyright law, i.e. the Act on Copyright and Related Rights of 4.02.1994 (Journal of Laws No. 24, item 83 as amended). Reproduction of the content of the Terms and Conditions without the author’s consent constitutes an infringement of the website operator’s copyright.

15. The regulations shall enter into force on 6 May 2024.

II. Functions and purpose of the service

1. The service has been created for informational purposes only in order to spread legal awareness among the public and to promote news of the service provider’s services. The content published on the service is not legal advice or any other type of legal service provided to the user.

2. The purpose of the service is not to provide legal services or to establish a legal relationship between a lawyer and a client.

3. The user should not make legal decisions based solely on the content on the site without consulting a lawyer. Any decision to take legal action should be made after seeking individualized legal advice.

4. The sending of an enquiry via the email addresses associated with the website by a user who does not obtain regular legal services does not lead to the commissioning of legal services without the recipient’s consent.

5. The use of the service in any other way than that provided for in the Terms and Conditions is prohibited.

III. Technical and programme requirements

1. The service provider provides access to the service for anyone with a terminal device and the ability to connect to the Internet.

2. In order to use the service, it is necessary to have an IT terminal device which meets the minimum parameters in terms of speed, RAM and operating system required to work on the Internet with an installed and correctly configured browser.

3. As a browser, you can use Microsoft Internet Explorer 10.0 or a later version, Mozilla Firefox 20.X or a later version, Apple Safari 4.X (Mac OS version only) or a later version, and Google Chrome 23.X or a later version. Other browsers compatible with the above (e.g. Chromium, Iceweasel, Vivaldi, etc.) may also be used. For optimal use of the website, the browser should be compatible with HTML5, CSS3 technologies and be able to run JavaScript.

4. In order to use the website, it is recommended that cookies are enabled. Its deactivation may prevent or restrict the use of certain functionalities of the website.

5. In order to use the exchange of information via electronic means of communication, in particular email, it is required to have an active and correctly configured email account.

6. To read documents saved in PDF format, it is necessary to have a PDF viewing programme.

7. In order to use the functionalities related to the social networks Facebook, Linkedin, Instagram or Google+, it is required to have accounts on these networks.

8. The provider of hosting services is: cyber_Folks S.A. with its registered office in Poznan, Wierzbięcice Street 1B, 61-569, registered in the National Court Register by the District Court for the Poznan – Nowe Miasto i Wilda in Poznan, VIII Economic Department of the National Court Register under number KRS 0000685595, REGON 367731587, NIP 7792467259, share capital 283.600,00 PLN fully paid.

IV. Provider’s rights and obligations

1. The service provider undertakes to provide services electronically in accordance with the Terms and Conditions.

2. The service provider undertakes to make every effort to ensure that the service operates without interruption. The continuity of the service is ensured by the hosting company. There may be interruptions on the part of the service provider due to maintenance work on the website, updating data or software, adding articles, as well as due to factors for which the service provider is not responsible. The service provider will not always be able to notify users of a service interruption. The service provider will, as a general rule, notify users via a special message posted on the service of a planned interruption in its operation. Service interruptions should not exceed 8 hours per calendar month. The service provider shall not be liable for damages caused by interruptions in the functioning of the service.

3. The service provider decides on the start and end date of the free services listed in section I.4. of these Terms and Conditions.

4. The operator reserves the right to delete data stored in the database, to cease operations, to transfer rights to the service, to change the name, the domain and to take any action permitted by law relating to the service.

5. If the user violates the law or the provisions of the Terms of Use, the service provider is entitled to prevent the user from using the service.

V. Rights and obligations of the Service Users

1. The browsing of the website by any user is voluntary and free of charge and does not involve any personal data of the user.

2. The user undertakes the obligation to use the service in accordance with the law, good morals and the rules of social coexistence, in accordance with the rules arising from the Regulations and with respect for the personal rights and all rights of the service provider and other persons. In the event of violation of these rules, the user shall be held fully responsible for the damage and harm caused. It is forbidden to post content that violates personal rights, copyrights, is vulgar, threatening or otherwise unlawful. The user is fully responsible for any such content.

3. When providing personal data, the user is obliged to provide true data.

4. By using the service, the user or service user confirms that he/she has read the content of these Terms and Conditions, and that he/she accepts them fully and without reservation, at the same time agreeing to unconditionally comply with their provisions. Lack of consent by the user or recipient is tantamount to resignation from the use of the service and the services provided through it.

5. The user accepts these Terms and Conditions, including its provisions of a contractual nature, which regulate the legal relationship between the user or recipient and the service provider, and obliges the user or recipient to comply with the law, including the provisions of the Act of 4.02.1994 on Copyright and Related Rights (Journal of Laws No. 24, item 83, as amended) when using the service.

6. Users are prohibited from carrying out any unlawful activities, including but not limited to:

a. deliberately circumvent restrictions on services or their availability,
b. download the contents of the databases made available on the site and reuse them in whole or in part,
c. carry out activities detrimental to other users, the service provider or any other person, including transmitting malicious or spyware, harassment, publishing terrorist content, spreading hatred, including racial, religious or ethnic hatred, inciting violence against others or propagating a totalitarian state system,
d. infringe the personal rights of third parties,
e. post content that infringes the copyright or related rights of others or violates other legitimate rights of others,
f. carry out activities that violate the privacy of others,
g. publish words commonly regarded as vulgar,
h. assist others in breaking these rules.

7. The user shall bear all and any unlimited legal liability for any breach of the law or the provisions of the Terms and Conditions, including for damage caused by his/her acts or omissions.

VI. Newsletter

1. The user can use the functionality of accessing the newsletter, i.e. receiving messages containing commercial information and offers via the email address provided.

2. The use of the newsletter requires the voluntary and free consent of the user. Consent to receive the newsletter can be withdrawn at any time. The user may request a change of data. Withdrawal of consent or change of data can be made by clicking on the link in the footer of the email or by contacting the service operator.

3. The personal data of the user required to use the newsletter functionality includes: name and email address.

4. After providing the above personal data, the user should confirm his/her consent to receive messages via the newsletter by clicking on the appropriate button in the email sent to the address provided by the user.

5. The newsletter is sent to the following e-mail address: newsletter@adwokatdoktorjoannakazmierczak.pl. The above e-mail address is used only for contact in matters related to the newsletter. In matters related to the order or provision of legal assistance services, contact should be made by sending an e-mail to the following address: joanna.kazmierczak@adwokatura.pl. The service operator is not liable for any damages resulting from sending an e-mail related to the provision of legal assistance services to the address newsletter@adwokatdoktorjoannakazmierczak.pl

6. The newsletter is dispatched at most twice a week.

VII. Processing of personal data

1. Browsing the website by any user without logging in does not require any personal data.

2. Logging in to the service requires the submission of personal data including name and email address.

3. Use of the newsletter functionality requires a name and email address.

4. The user accepts that the operator of the website may process the user’s personal data. Detailed information on the principles and modalities of processing personal data and the purpose of such processing, etc. will be provided in the privacy policy.

5. If the processing of personal data begins, the service operator is the administrator.

VIII. Copyright protection

1. The website and content published on the service are protected under the Act of 4 February 1994 on Copyright and Related Rights (Journal of Laws No. 24, item 83, as amended), and this applies to both content published by the operator and content authored by service users.

2. The user, who is not the author of the content in question, is only entitled to use the content within the framework of permitted personal use.

3. In particular, an infringement of copyright or related rights is for example any unauthorised use of the content published on the website without the consent of the service provider, such as: copying the content in any form and language uploading the content to the websites of others, attributing authorship of the content, commercial use of the content of the services, manipulating the content in such a way as to alter its meaning, infringing the right to integrity of the content or making it available to the public in a form other than that in which it was published.

4. The user undertakes the obligation not to reproduce, duplicate, copy, sell or exploit any part of the site or the content therein without the express and written consent of the site operator for commercial or private purposes beyond the permitted personal use.

5. Infringement of copyright or related rights has consequences in the form of the possibility to assert claims in the relevant proceedings under Polish law, in particular by way of criminal or civil proceedings.

IX. Service provider’s liability

1. The operator of the website declares that the information provided by the website is compiled with the greatest care, in an impartial manner, respecting the rights of the users and using the expertise of the authors.

2. All the content published on the website cannot be regarded as the provision of legal assistance, in particular it should not be regarded as individualised legal advice. The operator of the service shall not be liable for any legal consequences of acts or omissions performed by the users outside the commissioned legal services based on the content posted on the website, in particular in the podcast and blog sections.

3. To the fullest extent permitted by law, the operator of the website excludes all liability (including contractual and tort liability) on any grounds whatsoever for damages arising from the use or non-use of the website, the content, services or products offered or sold through the website.

4. The content and opinions posted on the site by users do not necessarily have to conform to our opinions and views. This is because every author is free to express his or her own opinions in his or her publications. Each user posts his/her opinions solely at his/her own risk. Any irregularities in this respect which violate the law or the rights of another person should be directed solely to the author of the statement.

5. The operator of the website reserves the right to prevent the use of the website by users who violate the rules of use described in the Terms and Conditions.

6. The user of the service agrees to indemnify the operator of the service against any damages, claims or demands which arise in connection with the user’s use of the service or breach of the user agreement.

7. The service provider is not responsible for the consequences of a service failure or the consequences of a malware attack, in particular for the possible loss of stored content and data.

8. The service provider is not liable for damage caused by force majeure.

9. The service provider is not responsible for the timeliness, accuracy, reliability and truthfulness of the content posted on the website, nor is it responsible for its possible use by users for specific activities. The user is responsible for checking the information before using it. The use of the website and the content contained therein is at the user’s own risk.

10. The service provider shall not be liable for damages resulting from the actions of users carried out in violation of the law, including the provisions of the Terms and Conditions, either towards themselves or towards third parties.

11. The user shall not be entitled to any claim against the operator and the service provider in the event of a refusal to post the content, article or other work created by the user on the site, or in the event of the removal of content of which the user is the author.

X. Amending the Rules of Procedure

1. The service provider reserves the right to unilaterally amend the Terms and Conditions, with effect for service recipients with whom a legal relationship has been established after the date of amendment of the Terms and Conditions.

2. Changes to the provisions of the Terms and Conditions in relation to current service recipients shall become binding one week after the service provider has notified the service recipient.

3. Notice shall be given by posting the new content of the Terms and Conditions on the website or by e-mail sent to the e-mail address indicated by the recipient. By giving seven days’ notice, the service recipient may refuse to accept the Terms and Conditions as amended and resign from the service. The amended Terms of Service shall be binding upon the Entrepreneur if the requirements specified in Articles 384 and 384¹ of the Civil Code have been observed, i.e. if the Entrepreneur has been correctly notified of the amendments and has not terminated the agreement within seven days from the date of entering the notification into the service. Cancellation of the service consists in requesting the deletion of the account available on the site after the user logs in, requesting deletion from the mailing list available in the newsletter and ceasing to open the website on which the service is available.

4. The content and opinions posted on the site by users do not necessarily have to conform to our opinions and views. This is because every author is free to express his or her own opinions in his or her publications. Each user posts his/her opinions solely at his/her own risk. Any irregularities in this respect which violate the law or the rights of another person should be directed solely to the author of the statement.

5. Amendments to these Terms and Conditions for important reasons, e.g. changes to the applicable law or the need to introduce changes to the software or modify the functionality of the website, provided that they do not affect the rights and obligations of the users, may be introduced within one day from the date of posting the information on the website.

XI. Complaint procedure

1. Complaints and notifications of any irregularities in the functioning of the service should be addressed to: joanna.kazmierczak@adwokatura.pl.

2. A complaint may be made no later than fourteen days from the date of the occurrence of the event giving rise to the complaint.

3. Complaints will be dealt with by the service provider immediately, no later than within 30 days. The service provider shall notify the results of the complaint procedure by e-mail to the address specified in the complaint.

3. Complaints will be dealt with by the service provider immediately, no later than within 30 days. The service provider shall notify the results of the complaint procedure by e-mail to the address specified in the complaint.

XII. Contact

Contact to the service provider: joanna.kazmierczak@adwokatura.pl

Version effective from 21.07.2024