TERMS AND CONDITIONS FOR THE USE OF OGB PRO PRODUCTS (hereinafter TERMS AND CONDITIONS)
- Trial Access – test, free of charge access to OGB Pro products for professional purposes, for a period of three weeks. Access to OGB Pro Services as part of the Trial Access takes place under the conditions determined in these Terms and Conditions on the basis of completing the access form by the User and acceptance of the filed order and conditions specified by the Supplier. Use of the Trial Access by the same person is possible only once.
- Collective Access – non-name (non-individual) access to OGB Pro services, active only from the level of a web browser installed on business computers in the registered office of the Client. Logging into the services of OGB Pro takes place while using one of the IP addresses indicated by the Client in the Contract. Collective Access enables the use of OGB Pro Services in the field of analyses and knowledge databases (access to analyses and reports databases). The collective access service is addressed to the Client having the number of individual accesses determined by the Supplier.
- Working day – every day of the week from Monday to Friday, excluding public holidays in the Republic of Poland.
- Client – natural person conducting business or professional activity, organizational unit without legal personality.
- Institutional Client – Client providing access to a given product or products of OGB Pro to employees or associates for professional purposes on the basis of the Contract. Each time the Terms and Conditions mention the Client, they should also be understood as the Institutional Client unless the Terms and Conditions indicate otherwise.
- Consumer – a natural person performing a legal activity non-related directly to their business or professional activity (consumer within the meaning of Article 22 (1) of Civil Code Act of 23 April 1964).
- OGB Pro – electronic service, database within the meaning of Article 2(1)(1) of the Act of 27 July 2001 on the protection of databases meeting the features of a work, available to the Users after correctly logging to the Services and solely after concluding a Contract or as part of the Trial Access. Access to the provision of electronic services under the conditions determined in the Contract and in these Terms and Conditions.
- Supplier – Ogólnopolska Grupa Badawcza Spółka z ograniczoną odpowiedzialnością, ul. Smoleńska 83/80, 03-528 Warsaw, NIP: 5242882294, REGON: 382733896, KRS: 0000774372, registry court: District Court for the Capital City of Warsaw, XII Commercial Division of the National Court Register KRS, share capital: 5.000,00 zł. The Supplier is the manufacturer of products of OGB Pro service as part of Services within the meaning of Article 2(1)(4) of the Act of 27 July 2001 on the protection of databases. The Supplier is a service provider within the meaning of Article 2(1)(6) of the Act of 18 July 2002 on the provision of electronic services.
- Contract – contract concluded between the Client and the Supplier determining the rules of using OGB Pro products and license. Terms and Conditions are an integral part of the Contract. Each time the Terms and Conditions mention the Contract, it should also be understood as the order made by the Client.
- Works – in general any text, graphic, numeric, numerical, photographic, audio or audiovisual, chart data, including documents, messages, graphics, films, photos, logotypes, boards, backgrounds, designs, signs, interfaces, sounds, music and any other contents along with the carriers on which they have been recorded, regardless of their form, available as part of the OGB Pro products after correctly logging into the Services.
- User – physical person using products of OGB Pro for professional purposes on the basis of the Contract, authorization granted by the Institutional Client or as part of a Trial Access.
- Services – websites belonging to Ogólnopolska Grupa Badawcza Spółka z ograniczoną odpowiedzialnością, available to the Client as part of OGB Pro service on the basis of the concluded Contract. These Services include StanPolityki.pl and LokalnaPolityka.pl.
- OGB Pro – electronic service provided by Ogólnopolska Grupa Badawcza Spółka z ograniczoną odpowiedzialnością for the Client on the basis of the Contract, including the Services, database and Analitycal Tools.
- Analitycal Tools – products belonging to Ogólnopolska Grupa Badawcza Spółka z ograniczoną odpowiedzialnością, available to the Client as part of OGB Pro service on the basis of the concluded Contract. These include: Check The Maps and OpinionTool.
- Force Majeure – an event beyond the control of the Supplier, Client or User over which these entities have no influence and the occurrence and consequences of which could not be predicted. Such events include in particular: catastrophes, natural disasters, epidemics, warfares, general strikes, embargoes, riots, sabotage, actions of state authorities, hacker attacks or failures of the Internet network not resulting from actions or omissions of the abovementioned entities.
- The Terms and Conditions determine general conditions of access to OGB Pro Services.
- Access to the services is not a common service. The Supplier reserves the right to refuse to offer the service to the Clients conducting directly or indirectly the activity competing against the Supplier or the Clients cooperating with the entities conducting directly or indirectly the activity competing against the Supplier.
- Subject to the provisions of par. 2., the access to the Services is possible under the conditions determined by these Terms and Conditions only for the purposes of conducting professional activity for the Users:
- being the clients (without territorial limitations) after concluding the Contract;
- after concluding the Contract by the Institutional Clients;
- as part of the Trial Access.
- OGB Pro does not constitute an advisory service, in particular financial, tax, investment, insurance or legal advice. The Supplier exercises due diligence in order to ensure that the data and information available in the Services are reliable and accurate. The Supplier is not responsible for the accuracy of data and information available in the Services. The Supplier is not responsible for the use of information available in the Services by the Users or any third parties.
- Orders for constant access to the Services are accepted by the sales representative of the Supplier on the terms set out in point VIII of the Terms and Conditions.
OGB PRO PRODUCTS
Depending on the scope of OGB PRO products determined in the Contract, the access to the Services consists of the following services:
- Access to the regularly updated content of the Service including in particular: researches, reports, forecasts, polls, articles, podcasts, analyses and other Works;
- Newsletter.b. LokalnaPolityka.pl:
- Access to the regularly updated content of the Service including in particular: researches, reports, forecasts, polls, articles, podcasts, analyses and other Works;
- Newsletter.c. Analitycal Tools
- Opinion Tool;
- Check The Maps.
- The Supplier declares that they are a manufacturer of the database within the meaning of the Act of 27 July 2001 on the protection of databases, entitled to grant a license to the extent necessary for the execution of the Contract.
- The Supplier grants the Client non-exclusive, territorially unlimited license for using the Services for professional purposes in the number of accesses indicated in the Contract, for the remuneration specified in the Contract and for the period indicated in the Contract, with the proviso that the use of Services by each individual User requires granting a separate license by the Supplier, unless the Contract states otherwise.
- The Supplier grants the Client the license for use of Services in the number indicated in the Contract in the following fields of use:a. storing, loading, browsing, displaying Services and individual Works constituting the Services for personal professional use;
b. making a printout of individual Works making up the Services in one copy;
c. using the access to the Services from up to four IP numbers per day.
- Under the granted license, neither the Client nor the User is entitled in particular to:
a. reselling, transferring, distributing the entirety or part of OGB Pro or Works making up the Services or their part;
b. granting a further license, lease, lending or rental of OGB Pro or the Works making up the Services;
c. creating studies of OGB Pro and Services being a derivative of the database for commercial purposes;
d. duplicating the Works on the Services or their parts.
- Using OGB Pro service requires at least the following technical conditions:
a. an e-mail address used for execution of the service of access to the Services;
b. Internet network connection (wire or wireless), with the proviso that only .jpg and .pdf files downloaded locally may be used off-line;
c. web browser enabling access and view on a computer screen: PC/Mac Safari 10+, Internet Explorer 11+, Edge 15+, PC/Mac Firefox 54+, PC/Mac Chrome 60+, iPhone/iPad iOS 10+ Safari, Chrome Mobile 59+;
d. software enabling reading files .jpg and .pdf.
- Access to the mobile devices (smartphones, tablets) with operating systems Android (2.2 +) and IOS (10+).
- The Supplier does not guarantee that the access to OGB Pro and Services will be possible while using the technical means containing higher versions of operating systems than those described in par. 1. The Supplier will endeavor to update the availability of OGB Pro and Services in the shortest possible time.
- The Supplier is not responsible for failure to provide the access service to OGB Pro and Services or their elements in case of change of the e-mail address by the User and failure to notify the Supplier about this fact.
- The costs of adapting to the technical requirements necessary to use OGB Pro being the subject of the Contract (also resulting from the changes introduced during the term of duration of the Contract), including the provision of an appropriate browser, shall be borne by the Client.
Remuneration for access to the OGB Pro Services is negotiated individually and has been determined in the Contract, unless the access to OGB Pro is carried out under the Trial Access and the consent for sending the commercial information by the electronic channel of communication has not been revoked or the objection against processing data mentioned in point VIII par. 8 of these Terms and Conditions has not been expressed. The payment of the remuneration is made on the basis of a VAT invoice, by bank transfer to the account indicated in the VAT invoice.
- TRIAL ACCESS
- The provisions of these Terms and Conditions shall apply accordingly to the Users who obtained the Trial Access to OGB Pro on the basis of the decision of the Supplier, in particular in the scope of license referred to in point IV.
- The Trial Access is free. The provisions regarding the remuneration shall not apply to the Users using OGB Pro as part of the Trial Access.
- To order a Trial Access to OGB Pro, it is necessary to complete the form available on the website www.ogbpro.pl.
- The Supplier grants the User a three-week Trial Access to the OGB Pro products each time, which it informs about electronically in the confirmation of the order.
- The data available in the OGB Pro trial access order form, including e-mail address, will be used in order to obtain trial access to OGB Pro, as well as to execute the legally justified purposes of the Supplier.
- The Supplier reserves the right to verify the data of the User and the truthfulness of the information provided by them by all available means.
- Consent for sending the commercial and marketing information by electronic communication channel is a condition to use the free trial access to OGB Pro. Granting a consent is understood as an acceptance of the terms and conditions.
- CONCLUSION OF CONTRACT
- In order to conclude the Contract it is necessary to contact the sales representative of the Supplier at the e-mail address: [email protected].
- Within a period no longer than 3 (three) working days since the receipt of the inquiry, the representative of the Supplier will start the talks in order to conclude a Contract regarding the use of OGB Pro with the Client.
- The Supplier reserves the right to verify the data of the Client and the truthfulness of the information provided by them by all available means. The verification will be made before the conclusion of the Contract.
- The Client obtains the access to OGB Pro after the conclusion of the Contract and payment of the remuneration specified in the Contract, unless the Contract provides otherwise.
- In case of Force Majeure or technical problems beyond the control of the Supplier, completely or temporarily preventing the conclusion or execution of the Contract, the Supplier reserves the right to suspend the access to OGB Pro. The Supplier shall immediately inform the Client about the situation, stating the reason preventing the conclusion or execution of the Contract.
- Neither party of the Contract will be liable to the other party for non-execution or improper execution of the obligations resulting from the Contract, caused by Force Majeure, provided that the obliged Party immediately notifies the other Party of the occurrence of such case and takes economically justified actions in order to execute the overdue obligations as soon as possible.
- The Supplier has no influence and is not responsible for the unavailability of OGB Pro, as well as for its malfunction caused by the behavior of the IT systems not administered by the Supplier, necessary for the provision and proper operation of this publication, including the behavior of the entities providing internet connections or for reasons of Force Majeure nature.
- To the extent in which it is permissible in the light of applicable legal provisions, subject in particular to the provisions of Article 473(2) of Civil Code, the Supplier’s liability is excluded for all results related to the use of OGB Pro being the subject of the Contract, including the damages resulting from the use or inability to use it, in particular for the damages resulting from possible data errors included in OGB Pro. The above exclusion of liability also applies after the termination or expiry of the Contract, regardless of the manner in which it has been terminated or expired.
- The Contract may include provisions regarding the contractual penalty for violation of the conditions of OGB Pro use determined by the Contract and the Terms and Conditions.
PERSONAL DATA PROTECTION
- In connection with the access to OGB Pro and execution of the Contract, Users’ and Clients’ personal data are processed. The Supplier is the administrator of the personal data.
- Personal data are processed for the following purposes:
- execution of the contract for the provision of services, in particular the provision of a license to OGB Pro and Services (legal basis for processing: Article 6(1)(b) GDPR);
- sending commercial or marketing information by the administrator of the data by e-mail (legal basis for processing – Article 6(1)(f) GDPR – legitimate interest of the administrator of the data in the form of direct marketing of own products and services);
- tax settlements (legal basis for processing: Article 6(1)(c) – in particular the Accounting Act of 29 September 1994);
3. Personal data may be transferred to the entities providing the administrator with technical, IT, legal or accounting services. The suppliers of the IT systems used by the administrator guarantee the adequate level of personal data protection required by European law provisions. More information is available at [email protected].
4. Personal data will be stored during the period necessary to execute the contract, and then until the expiry of the limitation period for possible claims or until the expiry of the requirement of storage of data resulting from the generally applicable law, in particular the requirement of accounting and tax documents storage (depending on which of the abovementioned events happens later). In case of data processing on the basis of the legitimate interest of the data administrator in the form of the direct marketing of the own products and services, the data will be processed until a possible objection is raised.
5. Rights of access to personal data, their rectification, erasure or restriction of processing are granted, as well as the right to object to processing and the right to data portability. The execution of these rights is possible in accordance with the provisions of Articles 16 – 21 GDPR and requires contact with the Supplier by [email protected]. In case of finding that the personal data are being processed by the Supplier with violation of rights it is possible to lodge a complaint with the President of the Personal Data Protection Office. Provision of data is voluntary, but necessary in order to conclude and execute the contract.
6. In case when the data of the User are provided to the Supplier by the Client, the Client is the source of these data. The Client provides the Supplier with the data of the User regarding: name and surname, e-mail address, name of the employer, position, industry, telephone number, however, not in every case all the above categories of data are provided.
7. The User may withdraw the consent to send the commercial information by electronic communication channel in any time, by sending a message to [email protected].
8. The Supplier uses the so-called cookies, i.e. text files stored on the disc of the User’s computer, in the Services. The cookies mechanism is not intended to obtain any information about the User and is used in order to maintain the navigational parametres of the User, their login status, aggregate statistical data regarding the activity and the preferences of the User as well as to improve the functioning of the access to Services in accordance with commonly used standards. The User may delete cookies files or change their settings in the web browser. Deletion or change of settings of cookies in the browser may cause difficulties in using the Services.
10. OGB Pro products are aimed at adults. Personal data of minors are not stored or processed.
TERMINATION OF CONTRACT
- The Contract concluded for a definite period is terminated upon the expiry of the period for which it has been concluded. The access of the User to the Services and OGB Pro expires when it results from the provisions of the Contract if the User is not a party.
- The access to the Services of the User using OGB Pro as part of the Trial Access expires together with the expiry of the period for which the Trial Access has been granted by the Supplier.
- The Supplier is entitled to terminate the Contract or its part with immediate effect if the Customer blatantly breaches the provisions of the Contract or the Terms and Conditions. The blatant breach mentioned in the previous sentence is:
- arrearage in payment of remuneration by more than 14 (fourteen) days;
- sharing data for logging to the Services to an unauthorized person;
- breaching the conditions of the license for use of OGB Pro;
- distribution of the Works constituting the OGB Pro Services or the parts thereof to unauthorized persons.
4. In case of termination of the Contract, the Client loses the right to access to OGB Pro and the license mentioned in par. IV expires.
- The Supplier has copyrights to OGB Pro and Works available as part of the access to the Services.
- All Works making up OGB Pro are protected by law, in particular by the acts: Act of 4 February 1994 on the copyright and related rights; Act of 27 July 2001 on the protection of databases; Act of 16 April 1993 on combating unfair competition.
- OGB Pro is an electronic database having features of a work. OGB Pro is not a publicly available or distributed base within the meaning of the Act of 27 July 2001 on the protection of databases. OGB Pro is not allowed to be used within the scope of permitted private use, except for personal non-profit scientific use.
- Any use of OGB Pro or Works posted on the Services without the consent of the Supplier expressed in writing, contrary to the Contract, Terms and Conditions or law, is forbidden. This means a prohibition of copying (reproducing), trading, distribution in any form, including also the prohibition of distribution of the Works available in OGB Pro and the Services which may be considered as articles regarding current political, economic or religious topics. Unlawful use of the Works is subject to liability under the provisions of civil and penal law.
- The Supplier informs that the content of the databases may be additionally secured by the electronic copyright markings invisible for the User, in particular in the watermarking technology.
- Subject to the terms of the license granted in these Terms and Conditions, the User has no right to redownload the contents of the OGB Pro database.
- The Supplier makes every effort in order to ensure the proper functioning of the access to OGB Pro.
- The Supplier reserves the right to temporarily disable the access to OGB Pro in whole or in part due to the execution of the necessary technical work, as well as the right to implement the new graphic and functional solutions, including those improving the safety and quality level of OGB Pro.
- Possible complaints regarding the access to OGB Pro may be filed to [email protected]. The inquiry shall contain the following data:
- indication of the entity filing the complaint and, if necessary, name and surname of the filing person;
- subject of the acquaint;
- correspondence e-mail address.
4. Acquaints will be considered by the Supplier in the period of 7 (seven) Working days since the day of receipt of the acquaint including all the abovementioned data.
5. All other questions and remarks regarding functioning of the service may be filed to the administrator to [email protected].
- Use of the access to the Service and OGB Pro is tantamount to acceptance of the Terms and Conditions.
- The User declares that they use the OGB Pro for professional purposes and therefore do not have the status of a consumer within the meaning of Article 22 (1) of Civil Code of 23 April 1964.
- E-mail address indicated by the Client in the Contract or form is deemed appropriate to make all contacts, notifications and other activities related to the execution of services specified in these Terms and Conditions, subject to the provisions regarding complaints.
- The User is obliged to equip the equipment that they will use in order to obtain the access to OGB Pro with an anti-virus program and update it on a regular basis. The Client is forbidden to upload illegal content to the Internet.
- User’s behavior is treated under the Terms and Conditions as Client’s behavior with all the consequences for the Client.
- In matters not covered by these Terms and Conditions, the provisions of Polish law shall apply.
- Disputes related to the execution and interpretation of the Contract and the Terms and Conditions will be submitted to common courts competent for the registered office of the Supplier.
- The Terms and Conditions apply from 18 January 2021.
- The Supplier reserves the right to make changes in the Terms and Conditions, about which they will inform the Client by e-mail to the e-mail address provided, as well as on the websites of the Services.