Terms of Use of the Buddyway Website
§ 1 (General provisions)
1. The provider and operator of the Website is Adventure Sp. z o.o. with its registered office in Gdynia, address: ul. Sędziowska 30, 81-528 Gdynia, incorporated in the Commercial Register maintained by the District Court for Gdańsk-Północ, VII Commercial Register of the National Court Registry under No. KRS 0000344035, tax number NIP 584-269-12-95, with the share capital of PLN 5,000.
2. These Terms of Use of the Website and electronic services available on the Website were drawn up by the Operator pursuant to the Polish Act of 18 July 2002 on Electronic Provision of Services (Dz.U. 02.144.1204, as amended) and the Polish law.
3. These Terms of Use define the rules of use of the Website available on http://www.buddyway.pl/ (in Polish) and http://www.buddyway.com/ (in English), the services provided through the Website by the Operator, and the rights and obligations of the Operator and Users.
4. The Operator has exclusive rights to the Website, which are subject to protection under the commonly applicable laws, in particular the Polish Act on Copyright and Related Rights.
§ 2 (Definitions)
1. Additional Software: software from suppliers other than the Operator, integrated to and enhancing the Application. The use of such Additional Software requires prior acceptance of the terms of the user licence granted by the Additional Software supplier and provided by the Operator, or a sublicence granted by the Operator.
2. Administrator: a private individual acting on behalf of the Operator, responsible for smooth operation of the Website and authorised to undertake any actual and legal actions necessary to ensure proper operation of the Website.
3. Application: the Operator’s software to be installed and operated on the User’s Device. The Application may be downloaded from the Website or other site indicated by the Operator. In order to use the Application, the User must read and accept the terms of the user licence granted by the Operator. It is possible to add functionalities to the Application by means of adding additional software.
4. File: data published on the Website by the User, of the format, size and other features allowed by the Operator (including graphics, images, or video clips). The User may manage his or her Files, in particular by switching off or on public access to such Files or making them accessible only to friends or another User group defined in the privacy profile.
5. Location Method: the way in which the Operator obtains information on the User’s geographical position. It may be a functionality of the Operator’s Application, User IP information or any other method, as per the description in Appendix 2.
6. Object: an independent editorial unit created on the Website using information sent in by the User, in particular information on the Object’s geographical location or any such additional data that may include descriptions or Files linked to an Object. A special web page is created automatically for each Object. The User may manage his or her Objects, in particular by switching off or on public access to such Objects or making them accessible only to friends or another User group defined in the privacy profile. Objects may include in particular interesting spots, trip routes or other objects created by means of any of the Services.
7. Operator: the provider and operator of the Website referred to in § 1.1 of these Terms of Use.
8. Profile: a set of User data linked to the User Account. Information collected on the Profile may be input and managed by the User upon logging on to the User Account. The User Profile will be visible to other Users, but the extent of data presented to other Users or User groups (e.g. friends) is determined by the User managing the Profile.
9. Services: any services provided by the Operator through the Website or Application, in particular services which enable geographical location of the User in real time by means of one or several Location Methods, services related to the location service, or services which enable Users to use the Website functionalities and which facilitate or enhance such functionalities. Description of Services is attached as Appendix 1 hereto.
10. Terms of Use: these Terms of Use of the Buddyway Website, including any appendices hereto.
11. User: any user of the Website, including a non-registered user or a registered user having a User Account on the Website, using the Website, Applications or Services.
12. User Account: a set of resources and User rights on the Website, created by the User upon registration, enabling the User to access the Operator’s Services as well as store and share Objects or Files. To get access to the User Account, the User must enter his or her login and password via the Website or the Application.
13. User Device: a device used by the User, compatible with the Application (e.g. mobile phone, PDA), through which the Operator may provide Services upon installing the Application. Types of devices on which the Application can be installed are listed on the Website pages.
14. Website: the Website published by the Operator on http://www.buddyway.pl/ (Polish version) and http://www.buddyway.com/ (English version), through which the Operator provides Services, in particular enabling registered Users to download the Application, save trips, add Objects or Files to the trips, and send notes to friends about the trips and interesting spots. Users may also contact other Users, build a community guide, edit their Profiles and share their Profile or User Account data with other Users.
15. Work: a File, Object or comment posted by the User on the Website, or any other content regarded as work as understood by the the Polish Act on Copyright and Related Rights of 4 February 1994 (consolidated text Dz.U. 00.80.904, as amended).
§ 3 (Type and Scope of Services Provided by Electronic Means)
1. Under these Terms of Use, the Operator shall provide Users with Services defined as services provided by electronic means in the Polish Act on Electronic Provision of Services of 18 July 2002 ( Dz.U. 02.144.1204, as amended).
2. The Operator shall provide Users with a possibility to use the Services referred to in Appendix 1 by means of the Website or the Application.
3. The Operator shall have the right to provide all or some of the Services only to the registered Users who have User Accounts.
4. The User may use all or some of the Services provided by the Operator on a voluntary basis.
5. The Operator may amend the scope or terms of the provided Services, in particular by amending Appendix 1, which shall be understood as amendment to these Terms of Use, subject to the provisions of Subparagraph 6.
6. New Services that do not require major modifications of the terms of use of the Website, Application or other Services referred to herein shall be added to the Website by means of amendment of Appendix 1 to these Terms of Use, which shall become effective upon announcement of the new wording of Appendix 1 hereto. The use of such new Services by the User shall be construed as acceptance of the amendment of Appendix 1 referred to in this subparagraph.
§ 4 (Terms and Conditions of Electronic Provision of Services)
1. The Website may be used by private individuals either conducting business or professional activities or not conducting such activities, as well as corporate or non-corporate entities. Private individuals may use the Website provided that they are not legally excepted.
2. Once the User has signed up on the Website pursuant to § 5.2 below, a User Account with a Profile will be created, which the User may access by specifying his or her e-mail address (which will serve as login) and password. The User should keep his or her login and password in confidence. In the event of any breach of the confidence requirement, the User shall be liable for any unauthorised use of his or her login or password by any third party.
3. Adding a File with an image, graphics or photo (avatar) to the User Profile to identify the User is voluntary and shall be construed as the User’s consent to use the File on the Website.
4. The Website may be used by a registered User having a User Account, or an unregistered User without such User Account, subject to the provisions of § 5.3 below.
5. Signing up on the Website and access to the Website functionalities, Applications and individual Services is free of charge. The Operator shall have the right to introduce at any time a fee for access to or use of the Application or Additional Software, or all or some of the Services by means of an amendment to these Terms of Use as specified in § 10.3 – 10.5.
6. When using the Website or Application, the User shall pay the costs of data transmission from or to the Website or Application pursuant to the fees and tariffs of the relevant telecommunication or data communication operator, in particular the provider of the User Device or Internet provider. The Operator shall not charge any fees for data transmission between the Website, the Application or the User Device.
7. To use the Location service specified in Appendix 1 and any related services, the User has to download and install the Application on the User Device, or provide the Operator with information on his or her geographical position using other Location Methods specified in Appendix 2.
8. By installing the Application on the User Device, the User agrees to reveal his or her geographical location by means of the Location Method and present that location on the Website. User will be located with the use of the Application only when the Application is correctly installed, activated and running in the User Device.
9. While using the Website pursuant to these Terms of Use and other commonly applicable laws and regulations, the User shall in particular be authorised to:
a) Browse the Website, including other Users’ Files and Objects published on the Website, to the extent that such Files or Objects have been made accessible to public, or access to such Files or Objects has been allowed by their authorised User,
b) After signing up, publish Files on the Website, provided that the format, size and features of such Files have been allowed by the Operator in view of the technical and functional requirements of the Website,
c) Create and manage Objects and the related web pages after signing up,
d) Add comments on own or other Users’ Objects, Files or descriptions after signing up,
e) Send notes or communications to other Website Users, after signing up, by means of the available communication tools.
10. The User hereby represents that in respect of use of the Website functionality to publish Works on the Website, in particular Files, Objects or comments, he or she has obtained all the required copyrights or licences, with the right to issue sublicenses, and his or her actions shall not infringe any rights of third parties. In the event that any third party makes any claim against the Operator due to the fact that the User is in breach of his or her obligations referred to in the previous sentence, the User shall submit to the required proceedings, and shall indemnify and hold harmless the Operator against any related expenses.
11. By submission of Works via the Website, the User gives the Operator a free of charge, unlimited and territorially unrestricted licence for the use of Works in all areas of exploitation known at the time of extending the licence; in particular with respect to:
a) Posting Works on the Website and using them by the Operator and Users as part of provision or use of the Services,
b) Writing the Works to the computer memory,
c) Capturing the Works using the following techniques: recording to magnetic media, recording to optical media, or printing,
d) Duplication of the Works using the following techniques: copying to magnetic and optical media, CD ROM or DVD, pressing on optical media, photocopying, or printing,
e) Projecting, reproducing, broadcasting and re-broadcasting the Works via any media,
f) Dissemination,
g) Reproduction,
h) Modification,
i) Satellite broadcasting,
j) Publishing the Works on the Internet, on the Website, or in any other way.
12. The User shall not terminate the licence to use the Works granted to the Operator pursuant to Subparagraph 11 above.
13. To use the Services, depending on the nature of the Service, the following technical requirements are necessary:
a) Device with access to Internet, e.g. an appropriately configured PC,
b) User Device, on which the Application will be installed and used,
c) Internet e-mail account,
d) Updated version of an Internet browser to view the Website.
14. Each User shall use the Website, Application and Services in the manner compliant with the applicable laws, regulations, these Terms of Use, rules of social coexistence and good conduct. No User shall be allowed to submit any unlawful content to the Website; in particular, the User shall be prohibited from:
a) Sending any unsolicited advertising or promotional content (spam) via the Website, or using the Website for making and receiving dating offers;
b) Posting to the Website or submitting upon using the Services any content commonly regarded as obscene or abusive, promoting violence, of erotic or pornographic nature, or any other prohibited content, including advertising, or unlawful content, or content that infringes personal rights or property of others, or damages the best interest or the good name of the Operator;
c) Providing to the Website or submitting upon using the Services any illegal software infringing any rights of third parties, or any malicious software or codes, in particular computer viruses, bugs, Trojan horses etc.;
d) Performing any activities impeding the use of the Website, Application, or Services provided via the Website or Application by the Operator or other Users;
e) Performing any activities violating privacy of other Users, including use of personal data of others for own personal identification;
f) Using the Website or Services to infringe, violate or circumvent the law or the rules of social coexistence and good conduct.
15. The User declares that the information and data provided by him or her, in particular the personal data, are true and that he or she has the right to provide them to the Operator.
16. The User shall take advantage of the Application and the Website, as well as other materials, data or information published on the Website, in particular Files, Objects or other Works posted on the Website by other Users, for his or her personal use only and for non-commercial purposes, but solely for the purpose of using the Services via the Website.
17. In the event of the User’s breach or violation of the applicable laws and regulations or these Terms of Use, in particular the provisions of Subparagraph 14 above, the Operator shall have the right to remove from the Website any content violating the applicable laws and regulations or these Terms of Use without having to justify the reasons, or to block the User Account, or terminate the agreement for electronic provision of Services with such User by removing the User Account, pursuant to the provisions of § 5.5.
18. To protect the best interests and safety of other Users, each User should immediately inform the Operator of any prohibited content published on the Website to enable removing such content from the Website.
§ 5 (Terms of Concluding and Terminating Agreements for Electronic Provision of Services)
1. Agreement for electronic provision of Services are entered into and terminated via the Website.
2. In order to use all Website functionalities and Services, the User must conclude an agreement with the Operator for electronic provision of Services by confirming that he or she has read and accepts the Terms of Use, and signing up on the Website as specified in the registration form on the Website page, in particular by providing the following data:
a) E-mail address,
b) User name,
c) Password.
3. Without signing up on the Website, the User may only use the functionalities that are available to non-registered visitors, pursuant to the provisions of these Terms of Use.
4. The User may cease using the Services or terminate the agreement for electronic provision of Services at any time. At the request of a registered User, the Operator shall remove the User Account from the Website, including any data related to such User Account, such as the Profile and all Files and Objects submitted by the User on the Website, thereby terminating the agreement for electronic provision of Services and discontinuing the Services provided to the User, subject to the provisions of Subparagraph 6 below.
5. The Operator shall have the right to terminate the agreement for electronic provision of Services with the User immediately in the case of violation of § 4.10, 4.12 or 4.14 of these Terms of Use by the User. The Operator shall notify the registered User of such termination through an e-mail and shall remove the User Account from the Website, as well as any data related to such User Account, in particular the Profile and any Files and Objects posted by the User on the Website, which will be tantamount to discontinuation of provision of Services by the Operator to the User, subject to the provisions of Subparagraph 6 below.
6. The User acknowledges and accepts that upon removing the User Account from the Website the Operator shall be entitled to retain and use any Works posted by the User on the Website that were publicly available at the time of removing the User Account, especially such as Files, Objects and comments, pursuant to the provisions of § 4.11 of these Terms of Use.
§ 6 (Personal Data)
1. Upon accepting these Terms of Use, the User expressly agrees to have his or her personal data referred to in § 5.2 of these Terms of Use placed and processed in the Operator’s database. The data shall be processed in order to ensure proper provision of Services in accordance with the requirements of the Polish Personal Data Protection Act of 29 August 1997 (Dz.U. 02.101.926, as amended). The personal data referred to in § 5.2 above are provided on a voluntary basis; however, providing such data is necessary for the User to sign up on the Website and to conclude the agreement for electronic provision of Services with the Operator to effect the Services.
2. The Operator shall be the administrator of the personal data of registered Users using the Website as defined in these Terms of Use.
3. The personal data of Users as specified in Subparagraph 1 shall not be made available to other entities, subject to the provisions of the next sentence. For proper performance of some of the Services referred to in these Terms of Use, the Operator may need to provide some of the Users’ personal data to the Operator’s counterparties; however, in such a case the Operator shall publish information on such possible recipients of the Users’ personal data on the Website pages.
4. The User shall have the right to view the contents of the processed personal data and to correct such data. The Operator shall enable Users (by means of the User Account) to access their personal data, in particular in view of their right to view and correct their personal data.
5. To receive information on the status of Services, the User shall provide in particular his or her e mail address to the Operator.
6. The User may voluntarily agree, by selecting an appropriate option on the Website, to processing of his or her personal data for marketing purposes and to receive commercial information by electronic means, in accordance with the provisions of the Act of 18 July 2002 on Electronic Provision of Services (Dz.U. 02.144.1204, as amended), from the Operator or entities cooperating with the Operator.
§ 7 (Complaint Procedure)
1. Users shall have the possibility to send complaints by electronic means to the following e mail address of the Operator: contact@buddyway.com
2. A User may lodge a complaint if the Operator performed the Services in breach of the provisions of these Terms of Use.
3. The complaint must identify the User and contain a brief description of the reported issue.
4. If any additional information is required, the Operator shall request the User to provide detailed circumstances of the reported issue.
§ 8 (Liability)
1. The Operator shall make every effort to ensure proper performance of the Services provided via the Website and to make the Service fully functional and operating; however, the Operator shall not be held liable to any User for any failure in that respect. None of the provisions of these Terms of Use shall entitle the User to demand any modifications whatsoever on the Website.
2. The Operator shall not be held liable for any damages or losses suffered by the User, such as loss of profits on business activities, interruption in the business, or loss of business information due to the use of or inability to use the Website, or due to Website malfunction.
3. The Operator shall not be held liable for any problems in the provision of Services or any damage to any User occurring due to circumstances attributable to such User, in particular resulting from:
a) Improper operation of the computer, User Device or web browser by the User;
b) Improper installation and use of the Application by the User;
c) Malfunctioning of the Location Method due to circumstances attributable to the User;
d) Malfunctioning of the system connecting to the Website on the User’s side;
e) Malfunctioning of the telecommunication links or telecom operator systems on the User’s side;
f) Providing incorrect data on the Website by the User, in particular incorrect e-mail address or phone number of the User;
g) Incorrect use of the Website or Application by the user;
h) User’s breach or violation of the provisions of these Terms of Use;
i) Force majeure (e.g. flood, hurricane, hacking attacks etc.);
j) Lack of possibility to use the Application, Additional Software or Services due to the User’s failure to pay the required fee in the case that the Operator has introduced a fee for using such Application, Additional Software or Services pursuant to § 4.5 above.
4. The contents and quality of operation of the Google maps displayed on the Website but owned by Google shall be the sole responsibility of Google.
5. The User shall be in particular responsible for:
a) Contents of private messages or other data sent by the User via the Website;
b) Files, Objects, comments, opinions or other contents or Works submitted by the User on the Website, in particular if they infringe any applicable laws, these Terms of Use or any rights of third parties.
6. The Operator shall not be liable for any failure to perform or improper performance of its obligations under these Terms of Use if such failure or improper performance of obligations has been caused by circumstances beyond the Operator’s control despite applying due diligence and care (force majeure). In the case of any force majeure event, Services shall be suspended for a period of operation of such event.
§ 9 (Reservations)
1. The Operator shall have the right, pursuant to the provisions of these Terms of Use, to change or amend the rules of use of the Website, Application or some or all of the Services provided via the Website or Application, to remove or alter the contents or functionalities of the Website, Application or all or some of the Services, to prevent or ban a User from access to the Website, Application or all or some of the Services, without having to justify the reasons therefor.
2. In the event of maintenance work, the Operator shall have the right to suspend temporarily the operation of the Website, or all or some of the Services.
3. The Operator shall have the right to suspend the Website operations for an unlimited period of time. In such a case, the Users shall not be entitled to make any claims due to loss of data posted on the Website.
§ 10 (Final Provisions)
1. These Terms of Use have been adopted by the Management Board of the Operator and are available to each User on http://www.buddyway.pl/ (Polish version) and http://www.buddyway.com/ (English version).
2. Detailed information on the safety of the data posted to the Website, the risks related to the use of electronic Services and the function and purpose of the software or data not covered by the Services, which are input by the Operator to the User’s data communication system, have been specified on the Website pages.
3. These Terms of Use may be amended by the Management Board of the Operator for valid reasons, such as:
a) Improving safe provision of Services;
b) Improving the level of Users’ personal data protection;
c) Improving the Website’s functionality and the terms of Services;
d) Adjusting the text of the Terms of Use to the scope and manner of provision of Services;
e) Improving competitiveness of the Website in relation to other sites of similar profile or scope of services provided via such sites;
f) Changes in the costs of labour, external supplies or infrastructure, including costs of maintenance of the infrastructure used for running the Website and providing the Services;
g) Amendments of law or decisions of the government authorities affecting the Website or the provided Services.
4. Any amendment to these Terms of Use shall become effective within five days from the date of e-mailing amendment notifications to registered Users and announcing such amendments on the Website, and each User shall be bound by such amendments as soon as they become effective, unless the User terminates his or her Service agreement electronically within 5 days from receiving the notification of amendment; in such a case, the termination shall be effective from the date on which it is received by the Operator.
5. For effective termination of the agreement pursuant to Subparagraph 4 above, it is enough to e mail the termination notice to contact@buddyway.com until 11:59:59 p.m. on the fifth day after receiving the amendment notification, specifying that the message concerns termination of the use of Services and Website.
6. Any and all appendices to these Terms of Use shall be an integral part hereof.
Appendix 1 – Description of Services
1. Location of the User’s geographical position using one or more Location Methods.
2. Guide Module: informs the User via the mobile phone or other User Devices registered on the Website on any interesting Objects in the neighbourhood in real time. The Objects and contents of which the User is notified are input by other Users using the Guide Module, via the Website and Application, and fed from other websites that provide content to the Guide. The User may choose (i) the category of Objects he or she wishes to be informed of, (ii) the Object search range, and (iii) the location for which Objects are searched. The User may add new Objects with descriptions and images of the Objects. The User may also send an inquiry “What is it?” to other Website Users if he or she cannot recognize an Object, and receive feedback from other Website Users. In the paid version of the Application, information on Objects is read using a speech synthesizer.
3. Notification Module (Send Notification): allows for sending and receiving notifications from other Users, including the map of the place where the User or other Users are located in real time. Notifications are sent directly from the User’s mobile phone or other User Device to other Users’ mobile phones or User Devices.
4. Trips: trips are recorded based on information on User locations. This services includes the following functions: New trip, Stop the trip, Continue the trip, Trip map, Send the trip to the Website, Send reports, Share with your friends, Add note, Add photo.
5. Community: allows for creating a list of friends in the User Profile (friends are other Website Users who agreed to have their Profiles included in other Users’ lists), sharing information on trips and interesting places, posting information under other Users’ Profiles, and commenting on other Users’ trips.
Appendix 2 – Description of the Location Method
The Operator obtains information on the GPS position of the User using the Application via the GPS transmitter located in the User Device and/or on the basis of the BTS position and/or using WiFi.
Buddyway Website
Security and Privacy Policy
§ 1 (Definitions)
Any terms and expressions beginning with capital letters, unless defined herein, shall have the meaning defined in the Terms of Use of the Buddyway Website available on http://www.buddyway.pl/ (Polish version) and http://www.buddyway.com/ (English version).
§ 2 (Buddyway Website Privacy Policy)
I. Data Collection
1. The Operator collects data from the Website Users via the Website pages as well as the Application and its individual functionalities. The collected data, in addition to the data provided by the User upon signing up on the Website, include in particular comments, descriptions, photos, video clips, and information of the User’s geographical position. The information is collected by the Operator solely for the purpose of providing the Services, and shall not be forwarded or made available to any other entities, subject to the relevant provisions of the Terms of Use or commonly applicable laws and regulations.
2. A User may communicate with the Operator through a contact form, specifying his or her e mail address. The Operator shall use that e-mail address solely for the purpose of contacting the User as part of providing the Website Services.
II. Privacy Settings
1. Any data input by the User via the Website or the Application are by default private and visible only to the inputter and to the Website Administrator.
2. The User may identify all data entered by him or her via the Website or the Application as accessible to the public. This means that access to any data posted by such User, including Objects and Works, will be allowed to such User, the Administrator, all Website Users (either logged on to the Website or not), and the User’s friends (listed in the User’s list of friends on the Website). Objects and Works posted on the Website and identified as public may be used the Operator to promote the Website.
3. The Application uses information on the geographical position of the User. The Operator shall use such information to record the User’s trips, notify the User’s friends of the User’s current location, supply information on interesting places in the neighbourhood and for other options depending on which Application modules have been activated by the User.
III. Visits Log
1. Like any other site, the Operator collects information in the system logs on the User’s IP address, web browser, ISP, pages linking to and from the Website, operating system, and visiting trends for the individual parts of the Website.
2. Additionally, the Operator uses Google Analytics on the Website, which tracks the Website traffic by means of the browser’s cookie files. Information on the User’s movements on the Website is sent to and stored at Google. Google uses the data to create Website visit reports and statistics. The Operator does not in any way mediate such an exchange of data and has no influence on the use of such data by Google.
IV. Sending E-mails
1. Each new User shall receive, after specifying his or her contact e-mail address upon registration, a welcome e-mail with an activation link, which the User must click to confirm his or her registration on the Website.
2. Registered Users may receive e-mails from the Operator with information on the status o Services and the terms of using the Website, in particular notifications on new Services and new Website features, newsletters or information on any interruptions in the operations of the Website or Services.
3. Registered Users may also receive e-mails with commercial information, provided that they have earlier expressed their consent to receive such information. Users may revoke their consents to receive such commercial information at any time.
4. Communication with the Users is effected through e-mails.
V. E-mail Your Friend
1. Users may send e-mails recommending Buddyway to a selected person. The recommending User will appear as the sender of the e-mail.
2. When sending an e-mail, the User must enter the e-mail address of the recipient, his or her own e-mail address and the text of the message in the appropriate fields. The User sending the e-mail must also declare that he or she has received the consent of the person to which the Website is recommended to be the recipient of commercial information in the meaning of the Polish Act of 18 July 2002 on Electronic Provision of Services (Dz.U. 02.144.1204), and that the content of such e-mail does not violate the commonly applicable laws and regulations.
3. The Operator shall not be held liable for any use of the E-mail Your Friend functionality in violation of the aforementioned provisions, in particular for e-mailing Website recommendations to any third party without prior consent of such party as specified above, or for any content of such e-mails. The Operator shall not be held liable for any effects of such violations caused by the User using the E-mail Your Friend functionality.
VI. Links
Other Users may provide links to other resources or websites on the Website. However, the Operator will not guarantee whether the owners of such websites comply with the privacy regulations.
VII. Social and Marketing Research
1. The Operator may conduct social and market research through the Website, in particular by means of questionnaires.
2. Users may participate in the social and market research referred to in Subparagraph 1 above on a voluntary basis.
3. If a User participates in the social and market research conducted by the Operator pursuant to Subparagraph 1 above, the collected responses will be used to develop anonymous study results and to publish the aggregate results on the Website.
4. The social and market research referred to in Subparagraph 1 shall be conducted by the Operator in a manner that will ensure safety and anonymity of the respondents.
VIII. Sale, Acquisition and Merger of the Website
The User acknowledges and accepts that in the event of sale, acquisition or merger of the Website with a product of another company or another product of the Operator, of which the Users shall be duly notified through an announcement on the Website or an e-mail notification, a part or all of the data collected via the Website on that User will be forwarded, acquired or merged with the data of another product or site, unless the User objects and terminates the agreement for electronic provision of Services within 5 days from receiving such e mail notification.
§ 3 (Security)
1. The Operator will make every effort to ensure that the provided IT mechanisms related to the functioning of the Website or Application and the provision of Services are safe, in particular that they ensure safe use of the Services by the Users pursuant to this paragraph.
2. The Operator represents that it shall not place any malicious software or code, in particular computer viruses, bugs, Trojan horses etc.
3. The Operator shall make reasonable efforts to ensure protection of any User-related information, data or materials obtained via the Website or Application, especially the User’s personal data and the Files, Objects or other Works posted by the User on the Website. In particular, the Operator represents and warrants that the above information will be used exclusively according to the Terms of Use of the Website and the User’s Privacy settings, and that it will not, in violation of such settings or the Terms of Use, be made available to third parties, especially other Website Users, for any purpose whatsoever.
4. The Users are solely responsible for maintaining confidence of their User Account access data, in particular the login and password.
5. The Operator represents that neither the Operator nor any of its representatives will request the User to provide them with any Website access data, in particular the User Account login or password.
6. By providing Website access data to any third parties, the User runs a risk of losing access to the Website and unauthorised use of the User Account independently of the Operator’s efforts.
7. Any voluntary provision by the User of public access to his or her personal data on the Internet (outside the Website) is effected at the sole risk of such User and may lead to unauthorised use of such data independently of the Operator’s efforts.
