9design.pl CHATBOT RULES prepared in Warsaw on 06.05.2019
§ 1 General regulations
1. These Rules provide for terms and conditions for the use of a chatbot available at 9design.pl and www.messenger.com/t/9designPL.
2. The chatbot is administered by 9d Sp. z o.o. with its registered office at ul. Motylkowa 65B, 04-776 Warsaw, entered in the National Court Register kept by the District Court for the capital city of Warsaw, 13th Commercial Division, under the number: 0000336526, VAT No (NIP): 9522076515, statistical ID (REGON): 142005020.
§ 2. Definitions The following terms used in these Rules have the following meaning:
1. Owner: means an entity referred to in § 1.2;
2. Facebook Portal: means an Internet portal available at http://www.facebook.pl/ http://www.facebook.com);
3. Messenger Application: means a communication platform of the Facebook Portal and a separate application available in Android, iOS, Windows Phone systems and on the separate website https://www.messenger.com/;
4. Service: means a chatbot service integrated with the Messenger Application of the website www.9design.pl, available at www.facebook.com/9designPL in the Facebook Portal;
5. User: means an entity using the Service, being an natural person that has an account registered with the Facebook Portal.
§ 3. Electronically supplied services
1. The Owner provides an electronically supplied Service, which consists in:
1) holding a conversation with the User with the use of the chatbot;
2) advising the User on the selection of adequate products and services;
3) responding to the User’s questions concerning the catalogue of products and services.
2. The Service referred to in Section 1 above is provided free of charge.
3. The User has an access to the Service on the site of the Facebook Portal and via the Messenger Application.
4. The User starts using the Service the moment he or she initiates an interaction with the chatbot in the Messenger Application. The agreement on electronically supplied services is entered into with the User for an unlimited period the moment the User starts using the Service.
5. The User may stop using the Service at any time. To terminate the agreement, the User should file a statement on the termination of the agreement to the registered office specified in § 1.2 above. The termination comes into force as of the delivery of the request.
6. Each user must familiarise himself or herself with these Rules before using the Service.
7. The User must use the Service in accordance with these Rules and legal regulations. The User must not deliver illegal contents.
8. The User has the right to lodge complaints concerning electronically supplied services referred in this Paragraph. Complaints may be delivered in particular by e-mail to firstname.lastname@example.org or in writing to the address of 9d sp. z o.o., ul. Motylkowa 65B, 04-776 Warsaw.
9. The Owner will review and respond to the complaint at the latest within 14 days of the receipt.
10. To use the Service and all related functionalities correctly, the following technical requirements must be met:
1) software: any Internet browser installed and activated by the User;
2) hardware: a device with Internet access, Windows 7 or newer system, OS X 10.8 or newer (computer), Android 5.0 or newer, IOS 9.0 or newer, Windows Phone 10 or newer (mobile device);
3) a Facebook account;
4) in addition, it is necessary to enable cookies in the Internet browser.
§ 4. Personal data
1. These Rules set out principles for the processing and protection of personal data, including personal data of Service Users.
2. A data controller for personal data processed under the Service is the Owner, hereinafter referred to as the “Data Controller”.
3. Personal data are processed in accordance with applicable regulations, including in particular the General Data Protection Regulation of the European Parliament and of the Council (EU) 2016/579 of 27 April 2016 (“GDPR”) and these Rules.
4. As part of the Service, data of the Users are collected, processed and used. As part of the Service, information about the User’s IP address, a transcript of a conversation with the User, an inquiry receipt time and response sending time can be also collected. The information is used for Service administration purposes.
5. The following data are processed under the Service:1) the User’s personal data, including the first name and surname or another label of an account used by the user in the Facebook Portal;
2) data disclosed by the User during the use of the Service;
3) other data concerning the use of the Service, i.e. statistics concerning the use of Services based on the Data Controller’s legitimate interests (Art. 6.1.f of the GDPR).
6. The Data Controller makes automated decisions with regard to Users based on profiling, i.e. automated personal data processing. Profiling means using computer algorithms to analyse the User’s interactions with the chatbot as part of the Service in order to present the User with a personalised offer based on the User’s potential preferences and interests concerning products and services offered by 9design.pl store.
7. Personal data are processed by the Data Controller:
1) for direct marketing purposes: The Data Controller stores the data until the User objects to data processing for such a purpose or the Data Controller decides to remove the data;
2) to enable the User to use the Service in accordance with these Rules: The Data Controller stores the data for no more than 10 years of the last use of the Service by the User.
8. The User’s personal data may be shared with:
1) the Data Controller’s subcontractor which is hired in connection with personal data processing, i.e. Codehereos sp. z o.o. with its registered office in Kraków and its subcontractors providing IT infrastructure to Codehereos; Chatbotize is a supplier of the chatbot and processes personal data on behalf of the Data Controller;
2) Codehereos as an independent recipient to process data on Codehereos’ own behalf in order to keep statistics of behaviour of chatbot Users.
9. The User’s personal data are stored by Chatbotize to keep statistics of behaviours of Service Users. Chatbotize does not keep statistics of behaviour of individual Users.
10. Personal data processed by Chatbotize to keep statistics are stored for no more than 10 years of the collection of such data.
11. Personal data may be shared with subcontractors providing IT infrastructure to Codehereos and used by Chatbotize to process personal data.
12. The Data Controller and Chatbotize protect personal data they process. In particular, the Data Controller and Chatbotize use relevant technical and organisational measures which ensure the protection of data processing adequately to risks and categories of protected data. In particular, the data are protected against disclosure to or collection by unauthorised persons or processing otherwise than in accordance with the Act, as well as against modification, loss, damage or destruction.
13. The User has the following rights:
1) right to access and receive copies of the User’s data;
2) right to rectification of personal data;
3) right to erasure of personal data;
4) right to restrict personal data processing;
5) right to personal data portability;
6) right to object against personal data processing if they are processed for direct marketing purposes;
7) right to object to personal data processing on grounds relating to the User’s particular situation, even if the data are processed for purposes other than direct marketing;
8) right to lodge a complaint to the supervisory authority.
14. To exercise any of the above rights:
1) the User may present the Data Controller with a request concerning data processed by the Data Controller in writing to 9d sp. z o.o., ul. Motylkowa 65B, 04-776 Warsaw or by electronic mail to email@example.com;
2) the User may present Chatbotize with a request concerning data processed by Chatbotize in writing to Chatbotize sp. z o.o. with its registered office in Warsaw, ul. Grzybowska 62, 00-084 Warsaw or by electronic mail to firstname.lastname@example.org.
§ 5. Cookies
1. As part of the Service, small files called cookies are used. They are saved by the server in the User’s computer. Cookies are stored and accessible to the Data Controller, Chatbotize or other cooperating entities.
2. There are:
1) session cookies, which are used until the User leaves the Service or closes the Internet browser;
2) persistent cookies, which are stored in the User’s device for defined period in the parameters of cookies or until they are deleted by the User.
3. Cookies may be used for the following purposes:
1) to enable the use of the Service;
2) to collect information about a manner the Users use the Service;
3) remember website settings chosen by the Users.
4. Cookies do not make configuration changes in the User’s device and software.
5. As part of the Service, cookies of third parties, coming for example from the operation of the Facebook Portal, may be used, as well.
6. Default settings of Internet browsers usually allows for saving cookies in the User’s equipment. The Users may, however, change these settings.
7. The User may limit or disable cookies in the User’s computer by changing the settings of the Internet browser.
8. Pursuant to the Telecommunications Law, a subscriber or an end user may also accept the storage of information or access to information that is already stored in the subscriber’s or end user’s telecommunications device in the settings of software installed in their telecommunications device or the service. Thus, if the User does not accept such an operation, it is necessary to change settings of the Internet browser.
9. Detailed information on changes in settings and deletion of cookies in the Internet browser is available on the official website of the Internet browser.
§ 6. Miscellaneous
1. These Rules are available free of charge to anyone on https://9design.pl/Regulamin-chatbota-chelp-pol-198.html . The Rules may be browsed and printed at any time.
2. These Rules come into force on 06.05.2019 and remain valid till the closure of the Service by the Owner.
3. The Owner has the right to amend these Rules for such reasons like amendments to legal regulations or changes in the functionality of the Service. An amendment to the Rules comes into force as indicated by the Owner, however within no less than 7 days of the publication of the new Rules on the website.
4. Each User will be notified of amendments in the Rules. If the User does not accept the amendments, the agreement on electronically supplied services must be terminated.
5. All matters not provided for herein are governed by commonly applicable regulations of Polish law, including in particular: the Civil Code, the Act on Provision of Electronic Services, and the Act on Consumer Rights.