PRIVACY POLICY AND TERMS OF THE VISUMLY APPLICATION


PRIVACY POLICY

With the priority of protecting personal data, we have prepared this Privacy Policy, hereinafter also referred to as: Policy, in order to inform you about matters related to the processing of personal data in accordance with the legal requirements regarding the principles of data processing and security, including the Regulation of the European Parliament and of the Council (EU) 2016/679 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 (hereinafter: GDPR) and taking into account other relevant legal provisions , including the Act of May 10, 2018 on the protection of personal data.

1. GENERAL INFORMATION

The administrator of personal data is JKM ENTERTAINMENT limited liability company based in Wrocław (50-069), ul. Ofiar Oświęcimskich 19, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court for Wrocław-Fabryczna, 6th Commercial Division of the National Court Register under the number 0000548365, NIP 8971807258, REGON 361267427, share capital PLN 51,000.00 (hereinafter also referred to as: JKM ENTERTAINMENT). Contact with the person supervising the processing of personal data is possible electronically at the following e-mail address: contact@visumly.com, as well as in person at the company's office during office hours.

Personal data is any information relating to an identified or identifiable natural person. Data processing should be understood as any operations performed on personal data, in particular, such as collecting, recording, storing, developing, changing, sharing and deleting in a traditional form and in information systems. JKM ENTERTAINMENT processes personal data for various purposes. Depending on the purpose, various legal grounds for the processing of personal data may apply, as well as the methods of their collection, recording, storage, processing, sharing and storage periods.

2. PROCESSING OF PERSONAL DATA

Natural persons using the services provided by JKM ENTERTAINMENT by electronic means and visiting the JKM ENTERTAINMENT website have full control over the personal data they provide to us. JKM ENTERTAINMENT limits the collection and use of information about their users to the necessary minimum (in accordance with the principle of minimization). We process only the data that is necessary for the proper provision of services as part of the business (conclusion and proper performance of the contract) and if it is necessary to fulfill the legitimate interests of JKM ENTERTAINMENT (technical support, financial settlements, including issuing accounting documents). It is allowed to process data for marketing purposes.

In the event that JKM ENTERTAINMENT processes personal data: 1) in order to conclude and perform the contract, personal data is processed until the expiry of the limitation period for claims related to the performance of the contract; 2) based on the legitimate interest of the Data Administrator, the processing period lasts until the termination of the above-mentioned interest or (where the objection is permitted in accordance with the law) until the data subject objects to further such processing. 3) based on your consent (e.g. to save data in cookies or to send marketing materials), the processing period lasts until you revoke this consent. Revocation of consent may be submitted at any time by contacting the Administrator at: contact@visumly.com.

Personal data may be disclosed to entities processing personal data under agreements for entrusting the processing of personal data concluded with JKM ENTERTAINMENT, entities providing hosting services to the administrator, other subcontractors of the administrator providing services in the field of software delivery, software or hardware maintenance services, law enforcement authorities and other public administration bodies and employees of the administrator who have been entrusted with the processing of personal data in writing on the basis of an appropriate authorization, responsible for violating the rules of personal data processing. JKM ENTERTAINMENT does not share your personal data with entities other than those expressly authorized under the applicable law.

For the purposes of providing services, JKM ENTERTAINMENT obtains the following data: company name, business address, correspondence address, e-mail address, telephone number, data on orders placed, turnover, sales, its form and sales channel, data on established points sales.

The processing of your personal data is based on:

By accepting the content of this Policy, you consent to the processing of personal data subject to the above-mentioned goals.

3. COOKIES

By using the websites and applications, you consent to the use of cookies in accordance with this policy. If you do not agree to the use of cookies by JKM ENTERTAINMENT, you should change your browser settings in an appropriate manner or opt out of using the websites and applications.

Cookies are small files that are saved and stored on your computer, tablet or smartphone while you visit various websites on the Internet. A cookie usually contains the name of the website it comes from, the cookie's "lifespan" (that is, its lifetime) and a randomly generated unique number used to identify the browser from which the website is connected.

JKM ENTERTAINMENT uses cookies for various purposes: to make websites and applications run faster and to be easier to use and to better match content and advertisements to your expectations and interests, and to collect anonymous, aggregated statistics that help improve the functionality and content of pages and applications. By using cookies in the manner described above, JKM ENTERTAINMENT never identifies the identity of users on the basis of information stored in cookies.

4. RIGHTS OF THE DATA SUBJECT

JKM ENTERTAINMENT indicates that you have the right to request from us access to your personal data, rectification, deletion or limitation of processing, objecting to the processing of your personal data, the right to transfer data and submit a complaint to the supervisory body, and to withdraw consent for us to process your personal data at any time.

5. OTHERS

In case you have any questions, reservations or doubts regarding the content of this Privacy Policy or the way in which we process personal data, JKM ENTERTAINMENT asks you to send an e-mail to: contact@visumly.com. We will provide answers to any questions received, objections or doubts raised.


TERMS AND CONDITIONS

§1. DEFINITIONS

Whenever these regulations refer to:

1) Regulations - it means these regulations for the provision of electronic services.

2) Visumly Application - it is understood as the software called Visumly provided by the Service Provider and installed in the memory of the Mobile Device.

3) User - it means a natural person using the Visumly Application (including a consumer, a natural person running a business and a natural person authorized to act on behalf of a legal person or an organizational unit without legal personality), as well as a legal person or an organizational unit without legal personality.

4) Service Providers - it is understood as JKM ENTERTAINMENT limited liability company with its registered office in Wrocław (50-069), ul. Ofiar Oświęcimskich 19, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court for Wrocław-Fabryczna, 6th Commercial Division of the National Court Register under the number 0000548365, NIP 8971807258, REGON 361267427, share capital PLN 51,000.00.

5) Mobile device - means a portable electronic device that allows you to receive, send and process data, such as a smartphone or a mobile phone.

6) License - it is understood as the contract for the use of the Visumly Application, regulating the rules on which the User may use the Visumly Application, concluded between the Service Provider and the User upon installing the Visumly Application in the memory of the Mobile Device.

7) Services - it means the services indicated in the Regulations, provided electronically by the Service Provider via the Visumly Application.

8) Consents - it means the consents granted by the User to the Service Provider:

a) for the processing of personal data for marketing purposes;

b) to process personal data in order to evaluate the User's driving style.

§2. GENERAL PROVISIONS

  1. The regulations define:

    1) the rules of using the Visumly Application by the User and the rules of providing Services through it,

    2) the terms and conditions for the provision of electronic services by the Service Provider within the meaning of art. 8 of the Act of July 18, 2002 on the provision of electronic services.

  2. The content of the Regulations is provided to the User free of charge before installing the Visumly Application at https://visumly.com/terms

  3. Before launching the Visumly Application on a Mobile Device, the User is obliged to read the Regulations.

  4. Acceptance of the Regulations is voluntary, however, it is a condition of using the Visumly Application.

  5. Upon the acceptance of the Regulations by the User, an agreement for the provision of electronic services is concluded between the Service Provider and the User. The contract is concluded for an indefinite period.

§3. VISUMLY APP

  1. The Visumly application is provided by the Service Provider to enable the collection of data on sets of numbers and figures that help to manage small retail outlets. Storing and organizing such thugs enables archiving, simulation and education in the field of broadly understood sales management.

  2. The services consist in particular of:

    1) collecting data on turnover, sales, its form and sales channel,

    2) transferring data on established points of sale to other related users in order to facilitate management and maintain transparency.

    3) other services that are available through the Visumly Application.

  3. Services via the Visumly Application are provided 24 hours a day, 7 days a week, at the User's request.

§4. TECHNICAL REQUIREMENTS AND TERMS OF USE OF THE VISUMLY APP

  1. The Visumly application is available to Users who download it from the source indicated by the Service Provider, install and properly run it on a Mobile Device.

  2. The mobile device on which the Visumly Application is to be launched must have the software necessary to work with the ICT system used by the Service Provider:

    a) iOS for the Visumly Application version downloaded from the App Store,

    b) Android for the Visumly Application version downloaded from Google Play.

3.To run and properly operate all functions of the Visumly Application, it is necessary to activate the following functions of the Mobile Device:

a) internet connection

  1. The service provider is not a provider of data transmission services. The costs of data transmission required to download, install, run and use the Visumly Application are covered by its Users on the basis of contracts concluded with telecommunications operators or another Internet provider. The Service Provider is not responsible for the amount of fees charged for the use of data transmission necessary to use the Visumly Application.

  2. A User who has accepted the Regulations may use the Visumly Application for free after registration.

  3. The User registers the account through the User's account on Google.

  4. When registering, as well as using the Visumly Application and Services, the User should provide true, accurate, complete and not misleading data. The service provider does not verify the accuracy of the data provided. The user is solely responsible for the accuracy of the data provided, including personal data.

§5. LICENSE

  1. The Service Provider grants the User a non-exclusive, non-transferable, non-transferable and territorially unlimited License to access and use the Visumly Application, without the right to sub-license. Except as specified in the limited License, you do not obtain any other rights (including title deeds).

  2. The license authorizes the User to use the Visumly Application on one Mobile Device, in accordance with the content of the Regulations, the nature and purpose of the Visumly Application and to the extent that it is necessary for its proper functioning in the following fields of use:

    1) installing the Visumly Application on a Mobile Device,

    2) entering into the memory of the mobile device.

  3. It is forbidden for the User to take any actions related to:

    1) programming modification, decompilation, disassembly of the Visumly Application,

    2) obtaining information about the internal structure, communication protocols and the rules of functioning of the Visumly Application and the services provided by the Service Provider via the Visumly Application,

    3) extracting the components of the Visumly Application, their programming modification, decompilation, disassembly and their use outside the Visumly Application,

    4) examining and testing the Visumly Application and Services in order to learn the rules of their functioning,

    5) using the services provided by the Service Provider via the Visumly Application using a different application than the Visumly Application downloaded from the source indicated by the Service Provider,

    6) using the Visumly Application and the services provided by the Service Provider via the Visumly Application contrary to the Regulations or applicable law.

  4. The User's breach of the provisions of the License or the provisions of the Regulations shall entitle the Service Provider to terminate the license and the contract for the provision of electronic services with immediate effect.

  5. The use by the Service Provider of the rights referred to in point 4 above, does not preclude the Service Provider from pursuing claims for infringement of proprietary copyrights.

§7. GENERAL RULES FOR USING THE VISUMLY APP

  1. Users are required to use the Visumly Application in a manner consistent with applicable law, Regulations, License, terms and conditions of websites and regulations of the stores from which the Visumly Application was downloaded, as well as with the rules of social coexistence, and with respect for the rights of third parties and the Service Provider.

  2. Users are obliged in particular to:

    1) use the Visumly Application in a way that does not interfere with its functioning,

    2) use the Visumly Application in a way that is not inconvenient for other Users and the Service Provider, with respect for the personal rights of third parties (including the right to privacy) and any other rights they are entitled to,

    3) use any information and materials made available via the Visumly Application only within the scope of fair use.

    4) not providing illegal or offensive content, content whose openness has been excluded, content infringing personal rights of third parties, inciting to commit a crime, as well as vulgar or non-serious statements of the Service Provider, as well as advertising content without the consent of the Service Provider.

  3. Users are obliged to immediately notify the Service Provider of any violation of their rights in connection with the use of the Visumly Application. The notification may be sent by e-mail to the address contact@visumly.com

4.If it is found that the User commits activities prohibited by law or the Regulations, or violating the principles of social coexistence or prejudicial to the justified interest of the Service Provider, the Service Provider may take all actions permitted by law, including limiting the User's ability to use the Visumly Application and provided for it. through the Services.

  1. The User should each time, on their own, familiarize themselves with the regulations in force in a country other than Poland, in order to determine whether it is possible to legally use the Visumly Application in a given country.

    §8. ENDING USING THE VISUMLY APPLICATION

  2. 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. The declaration of termination may be submitted in writing or by e-mail and is effective upon its delivery to the other party. The Service Provider will delete the User's account upon receipt of the statement. The License also expires at this point.

  3. A user who is a consumer may, without giving a reason and incurring additional costs, withdraw from a distance contract for the provision of electronic services within the scope of the Service within 14 days from the date of conclusion of the contract.

§9. SERVICE PROVIDER'S LIABILITY

  1. The Service Provider conducts ongoing supervision over the technical functioning of the Visumly Application, ensuring its correct operation. However, the Service Provider does not guarantee the constant availability of all functions of the Visumly Application, as well as their faultless operation.

  2. Unless expressly stated otherwise, the Service Provider does not guarantee the quality, performance, accuracy of the Visumly Application and its compliance with the User's expectations.

  3. There may be breaks in the operation of the Visumly Application due to technical reasons, in particular resulting from the necessity of servicing the Visumly Application or the operating systems. The Service Provider will inform about the planned interruption in the operation of the Visumly Application by posting relevant information in the Visumly Application.

  4. Provision of Services may be interrupted in the event of improper connection quality, damage or defects of telecommunications equipment, power systems, computer equipment, failure of the telecommunications network, power outages or any action of third parties.

  5. The Service Provider has the right to block access to the Visumly Application or individual Services in the event of irregularities in the use of the Visumly Application, in particular circumstances that could harm the User or the Service Provider. The Service Provider is not responsible for the temporary suspension of access to the Visumly Application for the period necessary to remove any threats or irregularities.

  6. The Service Provider is not responsible for using the Visumly Application in a manner inconsistent with these Regulations.

  7. The Service Provider is not responsible for the negative effects of using the Visumly Application in a country other than Poland, in the event that the laws of a given country prohibit the use of applications of a similar nature to the Visumly Application.

§10. COMPLAINTS

  1. The User may submit a complaint regarding the services provided via the Visumly Application.

  2. The complaint is made through:

    1) sending it in writing to the Service Provider's address: JKM Entertainment sp. Z o. O; ul. Ofiar Oświęcimskich 19, 50-069 Wrocław

    2) sending an e-mail to the address contact@visumly.com

  3. The complaint should contain: the name and model of the Mobile Device, the current version of the ICT system installed on the device, the exact description and the reason for the complaint.

  4. Consideration of the complaint takes place without undue delay, within no more than 30 days from the date of its receipt, unless there are special circumstances preventing the consideration of the complaint and replying within this period. In this case, the Service Provider will inform the User who submitted the complaint about the reasons for the delay, the circumstances that must be established to consider the case, and will specify the expected time for considering the complaint and responding, which may not exceed 60 days from the date of receipt of the complaint.

  5. The response to the complaint is provided on paper or by means of another durable medium. At the User's request, the response to the complaint may be delivered by e-mail.

  6. The dispute between the User and the Service Provider may be ended by way of out-of-court proceedings.

  7. In accordance with the Regulation of the European Parliament and of the Council (EU) No. 524/2013 of May 21, 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22 / EC (Regulation on ODR in consumer disputes), for Users who are Consumers, there is a possibility of out-of-court settlement of disputes regarding contractual obligations arising from online sales contracts or contracts for the provision of services concluded between consumers living in the European Union and entrepreneurs based in the European Union. Settlement of the above-mentioned disputes takes place via the ODR platform available at the following address: https://webgate.ec.europa.eu/odr/main/?event=main.home.show&lng=PL.

§11. CHANGE AND ACCESS TO THE REGULATIONS

  1. The Service Provider has the right to amend the Regulations.

  2. The Service Provider informs the Users about the changes to the Regulations 14 days before the changes come into force by posting a message in the Visumly Application.

  3. If the User does not agree to the amendment of the Regulations, he has the right to terminate the contract for the provision of electronic services. The declaration of termination of the contract may be submitted in writing or via e-mail and is effective upon its delivery to the Service Provider. The Service Provider will delete the User's account upon receipt of the statement. The License also expires at this point.

  4. The Service Provider provides access to the Regulations via the Visumly Application in such a way that it is possible to download, save and print it, as well as on the Service Provider's website in a format generally available to Users (http://www.visumly.com/terms).

§12. FINAL PROVISIONS

  1. The Visumly Application and all the materials and information contained therein, the selection and arrangement of the content, logos, graphic elements, trademarks as part of the Visumly Application are the subject of exclusive rights of the Service Provider.

  2. In matters not covered by the Regulations, the relevant provisions of Polish law shall apply.

  3. The language of the contract as well as the language used in the relationship between the User and the Service Provider is Polish. Rendered