NEWSLETTER REGULATIONS
ON THE WEBSITE 123KIDSFUN.COM
I. GENERAL PROVISIONS
- On the basis of art. 8 section 1 point 1 of the legal act of 18th July, 2002 on the provision of services by electronic means (Journal of Laws of 2020, item 344, as amended), hereinafter referred as “Legal Act”, company 123 Kids Fun spółka z ograniczoną odpowiedzialnością with its registered office in Bydgoszcz (85-329), 12 A Michała Drzymały Street, entered into register of entrepreneurs of the National Court Register, maintained by the District Court in Bydgoszcz, XIII Commercial Department of the National Court Register under KRS number: 0000760208, NIP (tax payer number): 9671424080, hereinafter referred as “Service Provider”, established these regulations of provision of services by electronic means, hereinafter referred as “Regulations”.
- The Regulations shall specify:
a. types of services provided electronically,
b. range of services provided electronically,
c. terms and conditions of provision of services by electronic means,
d. principles of personal data protection,
e. the complaint procedure.
- The Regulations constitute the basis for the provision of services, related to direct marketing, in the form of sending to the e-mail address of the subscriber information about the products of the Service Provider, called “Newsletter” realized through the website at: https://123kidsfun.com/.
- In the event that the person using the service indicated in section 3 above, referred to as the “Service Recipient “, does not agree with any provision of the Regulations, he is obliged not to order the subscription or to discontinue using it immediately.
II. ELECTRONICALLY PROVIDED SERVICES
- The Service Provider shall provide the Service Recipient with a service in the form of sending a free Newsletter by means of electronic communication.
- The service described in section 1 is available only to persons who agree to receive information in the form of Newsletter, to the e-mail address indicated by them in the field devoted to this service on the website https://123kidsfun.com/. This will be equivalent to the acceptance of these Regulations.
- The service includes the receipt by the Service Recipient of periodic e-mail information on new products and solutions on the website https://123kidsfun.com/.
- The Newsletter is sent out at irregular intervals.
III. CONDITIONS FOR THE PROVISION OF SERVICES BY ELECTRONIC MEANS
- The Service Recipient is obliged to become familiar with the provisions of these Regulations before using the service.
- The Service Recipient undertakes to comply with the provisions of the Regulations.
- The Newsletter services are free of charge, unless expressly stated otherwise.
- For the correct and uninterrupted use of the services covered by these Regulations, it is required at least:
- PC-class computer or equivalent,
- tablet, smartphone or equivalent device,
- connection with the Internet network,
- having installed appropriate software consisting at least of a web browser (preferably the latest version of the browser software used), enabling the computer screen to display hypertext documents linked to a public data communication network via a web service,
- possession by the Service Recipient of a valid and active e-mail address, which he may dispose of independently to the extent necessary for the performance of the service.
- In the event that the Service Recipient fails to comply with the requirements for the configuration indicated in section 4, the Service Provider shall not be liable in any way for the inability to use the service or for the incomplete use of the service.
- The Service Provider reserves that using the services may involve standard risks associated with the use of the Internet network. It is recommended to take appropriate steps to minimise these risks by the Service Recipient.
- The use of the service covered by these Regulations is possible after the Service Recipient has provided his name and e-mail address in the appropriate field on the website https://123kidsfun.com/, has ticked the consents related to the possibility to use this data for direct marketing, provision of electronic services and acceptance of the Regulations, and has clicked the “Subscribe” button.
- By submitting the data, the Service Recipient declares that the data is complete, up-to-date, factually correct, that its submission does not infringe rights of third parties, that he is entitled to submit the data and that he has read the Privacy Policy.
- The Service Provider may require the Service Recipient to confirm the accuracy of the personal data provided or the intention to use certain services in an additional electronic or other manner. In justified cases, failure to receive such confirmation may constitute an obstacle for the provision of selected services.
- The acceptance of the provisions of these Regulations may also take place by clicking on the activation link sent by the Service Provider to the e-mail address provided by the Service Recipient – if such functionality has been made available. The Service Provider may also provide other methods of accepting the provisions of the Regulations.
- The Newsletter service is provided for an indefinite period of time.
- The Service Recipient is obliged in particular:
- immediately update the data provided to the Service Provider,
- to use the services offered by the Service Provider in a manner compliant with the provisions of the applicable law and not infringing the rights of third parties, compliant with the provisions of the Regulations, as well as with the accepted customs in this respect and the principles of social coexistence, in particular the non-delivery of unlawful content.
- The Service Recipient who ordered the Newsletter hereby declares that has capacity to make acts in the law and that the e-mail address provided by Service Recipient is the address which he has the right to use to the extent required for the execution of the service.
- The Service Provider shall not be liable for interruptions and disruptions in the Newsletter’s display due to force majeure or unauthorised actions of third parties.
IV. PROHIBITION OF INTERFERENCE
- The Service Recipient may not, without the consent of the Service Provider, interfere in any way with the content of the Newsletter. It shall not be allowed to use it for purposes which violate generally applicable laws or to the damage of third parties.
- In the event of any unauthorised interference with the Newsletter content by the Service Recipient, the Service Provider shall be entitled to claim compensation for the resulting damage.
- The Service Provider warns that unauthorised interference with the content of the Newsletter may also give rise to criminal liability on the part of the Service Recipient.
V. DATA PROTECTION
- The Service Provider, pursuant to 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”), pursuant to the Act of 10 May 2018 on the protection of personal data (Journal of Laws of 2019, item 1781, as amended) and the Act of 18 July 2002 on the provision of electronic services (Journal of Laws of 2020, item 344, as amended) is, as a data controller, entitled to process the Service Recipient’s personal data for the purpose of:
- sending a Newsletter containing the above-mentioned commercial and marketing information with the Service Recipient’s consent,
- implementation of electronic services in the field of Newsletter subscription service, related complaints and ensuring the safety of using this service,
- analytical and statistical purposes – a better selection of products and services to meet the needs of the Service Recipients, optimization of products, gaining knowledge about the preferences of the Service Recipients, which is the realization of the Service Provider’s legitimate interest.
- In order to carry out the Newsletter service the Service Provider shall process Service Recipients’ personal data in the form of their first name and e-mail address. In order to personalise the Newsletter, the user may additionally provide personal data in the form of second name (optional). The Newsletter may contain information of commercial nature and therefore in order to use this service it is required to grant a prior express consent to sending the Newsletter to the indicated e-mail address.
- The consent granted by the Service Recipient referred to in section 2 above may be withdrawn at any time, however the withdrawal of consent shall make it impossible to receive the Newsletter. Withdrawal of consent shall not affect the legality of processing which was performed on the basis of consent before its withdrawal.
- The Service Provider ensures the security of the Service Recipient’s personal data as it applies the technical and organisational measures necessary to ensure the security of the personal data processed in the provision of services.
- The Service Provider collects and processes personal data under the terms of the Privacy Policy published on the website https://123kidsfun.com/.
VI. INTELLECTUAL PROPERTY OF THE SERVICE PROVIDER
- Exclusive rights to all elements, including compositions within the meaning of the Act of 4 February 1994 on copyright and related rights (Journal of Laws of 2019, item 1231, as amended), made available by the Service Provider, in particular copyright, belong to the Service Provider. The Service Recipient is entitled to use the aforementioned content free of charge only for his own personal use and only for the purpose of correct use of the Newsletter service, all over the world. Any other use of the aforementioned content shall only be allowed under an express prior consent granted by the Service Provider in writing under pain of invalidity.
VII. COMMERCIAL INFORMATION
- By providing the Service Provider with e-mail address, the Service Recipient is aware that the Newsletter will be sent to him in the form of commercial information and agrees to receive such information at this address.
- Commercial information shall mean any information intended directly or indirectly to promote products, services or solutions offered by the Service Provider.
- By providing the Service Provider with e-mail address, the Service Recipient consents to the use by the Service Provider of telecommunications terminal equipment and automatic calling systems, i.e. e-mail, for marketing purposes within the meaning of the provisions of the Act of 16 July 2004 – Telecommunications Law (Journal of Laws of 2019, item 2460, as amended).
VIII. COMPLAINTS PROCEDURE
- The Service Recipient may raise objections related to the Newsletter service in the form of a complaint.
- Complaints about the service can be submitted by e-mail to the electronic address contact@123kidsfun.com.
- The complaint must include the Service Recipient’s e-mail address, if the complaint was sent from another address, and a detailed description of the problem. Complaints meeting the above requirements shall be considered within 14 days from the date of receipt of the complaint by the Service Provider. If a complaint cannot be considered within the above timeframe, the Service Provider will notify the Service Recipient of the reasons for the delay and the expected date of consideration of the complaint.
- Information about the complaint consideration will be sent to the Service Recipient’s e-mail address, to which he agrees.
IX. TERMINATION OF THE AGREEMENT
- The Service Recipient has the possibility to unsubscribe from the Newsletter service (resignation) at any time and without giving reasons, in particular by clicking on the deactivation link included in each e-mail sent to the Service Recipient within the Newsletter service.
X. CHANGES TO THE REGULATIONS
- The current Regulations are available to the Service Recipient at https://123kidsfun.com/newsletter-privacy-policy/.
- The Service Provider may amend these Regulations in the event if such necessity arising from a change in the law (in particular law governing the provision of services by electronic means), a change in the manner in which services are provided due to technical or technological reasons or a change resulting from improvements made to the services provided under these Regulations.
- The Service Provider undertakes to inform the Service Recipient about amendments made to the Regulations by sending to the email address provided by Service Recipient the information about the amendments including a link to the consolidated text of the Regulations placed on the website https://123kidsfun.com/. The Service Recipient who does not accept the changes will be able to resign from the Newsletter at any time.
XI. FINAL PROVISIONS
- These Regulations shall enter into force on the date of their publication and shall remain in force until revoked or amended.
- The Regulations shall apply accordingly to the use of the service by means of any device other than those specified in the Regulations and using networks other than the public network.
- Violation of any of the provisions of the Regulations shall entitle the Service Provider to refuse or cease to provide service to the violator or persons acting for and on behalf of the violator.
- All legal relations arising from the Regulations shall be governed by Polish law.