6 September 2021

TERMS AND CONDITIONS OF ELECTRONIC NEWSLETTER SERVICE

1

Definitions

 

  1. For the purposes of these Terms and Conditions, the following terms have the following meaning:
    1. DPO – means the Data Protection Officer of the Polish Financial Supervision Authority with its registered office in Warsaw (postcode: 00-549), ul. Piękna 20;
    2. Newsletter– means information sent periodically to the e-mail address provided by the Subscriber during Registration;
    3. Terms and Conditions – mean this document;
    4. Registration – means Newsletter subscription order, i.e. an action consisting in entering the Subscriber’s e-mail address into the Subscribers’ database maintained by the Service Provider, which is necessary to provide this service;
    5. GDPR – means 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);
    6. Service Provider’s Website – means www.fintech.gov.pl;
    7. Subscriber – means an individual, a legal person or an organisational unit without legal personality who has ordered the Newsletter Subscription service;
    8. Subscription – means the Newsletter Subscription service;
    9. Service Provider – means the Polish Financial Supervision Authority (postcode: 00-549) with its registered office in Warsaw, ul. Piękna 20.

 

2

General provisions

 

  1. Pursuant to Article 8(1) of the Act of 18 July 2002 on the provision of services using electronic means (Journal of Laws 2020, item 344, as amended), the Service Provider determines in these Terms and Conditions the rules for using the Newsletter Subscription service.
  2. The Subscriber declares that prior to the Registration, he/she has read these Terms and Conditions and the “Privacy and cookie policy”, accepts them and agrees to the Subscription.
  3. The principles concerning the processing of the Subscribers’ data are defined in § 5 of these Terms and Conditions and in the “Privacy and cookie policy” available at link.

 

3

Terms and conditions for the Subscription service

 

  1. The Subscription service is provided with the Subscriber’s consent, free of charge, for an indefinite period of time, until the Subscriber resigns from the Subscription service or the Subscription service is terminated by the Service Provider, which may happen at any time.
  2. As part of the Newsletter Service, the Service Provider will send information in the form of electronic mail (e-mail) to the e-mail address provided by the Subscriber.
  3. Registration in the Subscribers’ database takes place through the subscription form available at Homepage and consists in entering a valid e-mail address of the Subscriber, reading and accepting the Terms and Conditions and the “Privacy and cookie policy” by the Subscriber, and agreeing to the Subscription and processing of personal data for the purposes related to sending the Newsletter.
  4. After the Registration, an e-mail with a link activating the Subscription service will be sent to the Subscriber’s e-mail address. By clicking on that link, the Subscriber confirms the correctness of the provided e-mail address and the consent to the Subscription.
  5. The Subscription service commences automatically after its activation as described above.
  6. E-mail addresses which are not confirmed within 5 days of the date of Registration will be permanently deleted from the Subscribers’ database.
  7. A person who provided incorrect data when ordering the Subscription, i.e. a third party’s e-mail address without the third party’s knowledge and consent, may be liable for damages to the Service Provider in the event that the third party submits claims against the Service Provider related to the Service Provider’s use of the third party’s e-mail address for the purpose of providing the Subscription service.
  8. The Subscriber is entitled to withdraw from the Subscription service at any time, without giving reasons, by sending a cancellation form to the Service Provider which is available in the footer of each newsletter received. Resignation will be treated as a withdrawal of consent for the provision of the Subscription service and will not affect the lawfulness of processing based on consent before its withdrawal.
  9. The Subscription will be cancelled completely upon the withdrawal as described above.
  10. Removal of the Subscriber’s e-mail address from the Subscribers’ database takes place immediately and is signalled by a message confirming the operation.

 

4

Technical requirements

 

In order to use the Subscription service, the Subscriber must have electronic equipment with Internet access, any Internet browser and an active and properly configured e-mail.

 

5

Data protection

 

  1. The controller of Subscribers’ personal data is the Polish Financial Supervision Authority (hereinafter: “UKNF” or “Controller”). The UKNF can be contacted in writing by sending a letter to: ul. Piękna 20, skr. poczt. nr 419, postal code: 00-549 Warsaw or by sending an e-mail to: knf@knf.gov.pl.
  2. The Subscriber may contact the Data Protection Officer (DPO) by sending an e-mail to: iod@knf.gov.pl or by sending a letter to the above mentioned mailing address of the Controller.
  3. The Controller will process data for the purposes indicated in Subparagraph 4, which relate to the provision of the Newsletter Subscription service, the examination of complaints filed by Subscribers, and the establishment, exercise or defence of any legal claims.
  4. Personal data will be processed for the purpose of providing the Newsletter Subscription service by electronic means in accordance with these Terms and Conditions, on the basis of consent expressed by the Subscriber (Article 6(1)(a) of the GDPR). Personal data may also be processed for the purpose of examining a complaint filed in relation to the Newsletter Subscription service or the exercise/defence of claims by the Controller against the Subscriber (Article 6(1)(f) of the GDPR).
  5. Recipients of personal data may be:
    • entities providing postal services and entities providing delivery services by means of electronic communication, in case of the necessity to conduct correspondence,
    • entities with whom the Controller has concluded a service provision agreement in connection with the IT systems used.
  6. Personal data will not be transferred to recipients in third countries (outside the European Economic Area) or international organisations.
  7. Personal data will be processed for the period necessary to fulfil the purposes mentioned in Subsection 4 above, i.e. until the Newsletter Subscription service is unsubscribed, or until the Newsletter Subscription service is terminated by the Controller, as well as for the period necessary to examine a complaint lodged, and until the time limit for claims related to the processing of personal data in connection with the provision of the service expires.
  8. Each data subject has the right to: access their personal data, rectification, erasure, restriction of processing, data portability, as well as the right to object to the processing of personal data on grounds related to their particular situation.
  9. If the Subscriber considers that the processing of personal data violates the law, the Subscriber has the right to lodge a complaint with the President of the Personal Data Protection Office.
  10. The Subscriber may withdraw consent to the processing of his/her data at any time, without giving reasons, which will not affect the lawfulness of processing based on consent before its withdrawal.
  11. Personal data will not be used for automated individual decision-making, including profiling.
  12. The provision of personal data is necessary for the provision of the Newsletter Subscription service and the processing of complaints. The Subscriber is not obliged to provide the data, but a failure to do so will prevent the provision of the aforementioned service and the consideration of a possible complaint.

 

 

6

Service Provider’s liability

 

  1. The Service Provider will not be liable for incorrect performance of the Subscription service caused by:
    1. force majeure,
    2. failure caused by the Subscriber or irregularities in the Subscriber’s computer system,
    3. quality of the Subscriber’s Internet connection,
    4. failure of the Subscriber’s Internet service provider’s equipment.
  2. The Newsletter does not constitute a legal opinion, official interpretation of regulations or other official position of state authorities and may not replace official information whose content is defined by applicable laws.

 

7

Complaints

 

  1. Complaints may be sent by e-mail to the following e-mail address: fintech@knf.gov.pl.
  2. A complaint must include the e-mail address provided during Registration and the content of the complaint.
  3. Complaints will be processed within 7 days.

 

8

Validity and modification of Terms and Conditions

  1. The Service Provider reserves the right to unilaterally amend the Terms and Conditions to the extent permitted by applicable law, in particular in the event of significant technical reasons, the introduction of new features and services, or the modification or discontinuation of certain features or services.
  2. Any amendments to the Terms and Conditions will be each time communicated to the Subscriber by posting the relevant information with a list of amendments on the website of the Service Provider, i.e. www.fintech.gov.pl, at least 2 days in advance, and communicated in the Newsletter.
  3. The Subscriber will be deemed to have read and accepted the amendments to the Terms and Conditions after 30 days of their publication. If the Subscriber does not accept the amendments to the Terms and Conditions, he/she must promptly resign from the Subscription service in accordance with § 3(8) of the Terms and Conditions.

9

Disclaimer

 

  1. An invalid e-mail address will be removed from the Subscribers’ database immediately upon discovery of the irregularity.
  2. The Service Provider reserves the right to periodically disable the Subscription service in order to perform repair or maintenance work, whereby an announcement about temporary unavailability of the Subscription service will be posted on the Service Provider’s website, i.e. fintech.gov.pl, at least 2 days in advance.
  3. The Service Provider reserves the right to discontinue the Subscription service for valid reasons, after notifying the Subscriber by e-mail.

 

10

Final provisions

  1. The Terms and Conditions are available at all times at the following address of the Service Provider’s website: link to The Terms and Conditions. 
  2. The Service Provider reserves the right to delete the account of a Subscriber who violated these Terms and Conditions or the law in force in the Republic of Poland, or takes actions interfering with the undisturbed use of the service by other Subscribers.
  3. The Newsletter content is subject to legal protection, in particular to the provisions of the Act of 4 February 1994 on Copyright and Related Rights.
  4. In cases not regulated herein, the provisions of the Civil Code and other applicable laws will apply.
  5. All legal relations arising from the Terms and Conditions will be governed by Polish law. Any disputes will be settled by the Polish common courts with jurisdiction over the Service Provider’s registered office.