§ 1. Definitions

  1. App – the Service Provider’s application (software) through which the Service Provider performs Services for the User
    that involve providing information about Products within the scope chosen by the User.
  2. Free Access – the service (including the making available of an account in the App) performed electronically by the
    Service Provider for the User free of charge within the scope detailed in the Store and in the App.
  3. Consumer – the user of the App who is a consumer.
  4. Store – the online stores of Google Play and App Store, from which the User downloads the App.
  5. Product(s) – withdrawn, dangerous, or health-threatening products about which information will be available in the
    App in the form of notifications or results of searches conducted by the User.
  6. Rules – these rules, which also constitute the rules for the provision of services by electronic means, available in
    the App.
  7. Services – Free Access
  8. Service Provider – Getwise sp. z o.o. with its registered office in Warsaw at Aleje Ujazdowskie 22 lok 18 (00-478),
    entered into the National Court Register – register of entrepreneurs – by the District Court for the Capital City of
    Warsaw, 14th Commercial Division of the National Court Register (KRS) at number: 0000803910, Tax Identification Number
    (NIP): 1231449568, National Business Register Number (REGON): 384372971, with a share capital of PLN 12,500, which
    provides the Services.
  9. User – any entity that uses the App.

§ 2. Contact details

  1. Address: Getwise sp. z o.o., Aleje Ujazdowskie 22/18, 00-478 Warsaw
  2. E-mail: [email protected]

§ 3 General provisions

  1. These Rules lay down the principles of the electronic performance of Services by the Service Provider.
  2. The text of the Rules is available in the App and may be saved in any way by the User.
  3. Detailed information about the App can be found in the Store and in the App.
  4. The User should use the App respecting the principles of social coexistence and in accordance with the law. Users are
    prohibited from providing unlawful content.
  5. Access to the App is given via the Store. Therefore, access to the App is given to the User on the terms applicable
    at the specific Store, whereas the Services are provided through the App in accordance with the principles laid down in
    these Rules.
  6. The Service Provider notes that the Application is only of a subsidiary nature and should not be the sole source of
    Product information.

§ 4 Technical requirements

  1. The app is intended for mobile devices running on:
    • Android version 6.1.2 and later,
    • iOS version 12.3 and later.
  2. The App can only be downloaded via the relevant Stores, that is:
    • Google Play for the Android system,
    • App Store for the iOS system.
  3. In order to use the App, the User should:
    • have a mobile device (e.g. a smartphone, a tablet),
    • ensure access to the Internet,
    • have a sufficient amount of free space (as indicated in the Store) on the device on which he/she intends to install the
      App,
    • download the App from the relevant Store indicated in para. 2 and install it on his/her mobile device,
    • launch the installed App.
  4. The costs of transmission of data needed for downloading/using the App are borne by the App Users on their own, at the
    rates specific to their network provider / Internet service provider.
  5. After the Rules of the App have been accepted and the App has been logged into for the first time, the agreement on
    the provision of Free Access is concluded between the User and the Service Provider for an indefinite period of time.

§ 5 Application Use

  1. You specify which country you wish to receive notifications about the Products from. You can change the monitored
    country in Application Settings.
  2. The notification history for the selected country regarding withdrawn or hazardous Products includes entries/alerts
    from the last 6 months.
  3. For more details regarding the Application features, please consult the Application itself and the Application
    website.

§ 6 Free Access

  1. In order to gain Free Access, the App must be downloaded from the Store and launched.
  2. After the App has been launched and after the Rules and the Privacy Policy have been accepted, the agreement on the
    provision of Free Access is concluded for an indefinite period of time.
  3. Uninstalling the App from the device is tantamount to terminating the agreement on the provision of Services.
  4. All in-App features are available for use free of charge.

§ 7 Complaints

  1. The Service Provider is obliged to provide the Services faultlessly.
  2. If there are doubts about the Services provided, the User may lodge a complaint using the Service Provider’s details
    listed in § 2 of the Rules.
  3. The Service Provider will review the complaint within 14 days of receiving it.

OUT-OF-COURT WAYS OF DEALING WITH COMPLAINTS AND OF PURSUING CLAIMS

  1. If the complaint procedure does not produce the result expected by the Consumer, he/she may resort to (among
    other things):

    • mediation conducted by the territorially competent Voivodeship Trade Inspection Authority (WIIH), to which an
      application for mediation must be submitted. Usually, the procedure is free of charge. The list of Inspection
      Authorities can be found here:
    • https://www.uokik.gov.pl/wazne_adresy.php#faq595.
    • sistance from a territorially competent Permanent Consumer Arbitration Court attached to the Voivodeship Trade
      Inspection Authority, to which an application for hearing the case before the arbitration court must be
      submitted. Usually, the procedure is free of charge. The list of courts is available at:
      https://www.uokik.gov.pl/wazne_adresy.php#faq596.
    • free assistance from the municipal or county consumer ombudsman.
    • the Online Dispute Resolution (ODR) platform available at: http://ec.europa.eu/consumers/odr/.

§ 8 Personal data

  1. The Service Provider is the controller of the personal data provided by the User while using the App.
    Detailed information about the Service Provider’s processing of personal data (including
    information about other purposes and grounds for data processing, as well as the recipients of data) can
    be found in the Privacy Policy that is available in the App, in accordance with the principle of
    transparency referred to in the Regulation (EU) of the European Parliament and of the Council on the
    protection of data – “the GDPR”.
  2. The purpose of processing the User’s data by the Service Provider, as provided by the User in
    connection with the App, and, in particular, in connection with the services available in the App, is to
    provide the Services. The basis for the processing of personal data in this case is:

    • the agreement on the provision of services, or the actions undertaken at the User’s request
      aimed at concluding it (article 6.1.b of the GDPR),
    • for paid services – the legal obligation burdening the Service Provider with regard to
      accounting (article 6.1.c), and
    • the Service Provider’s legitimate interest, that is, the processing of data for the purpose of
      determining, pursuing, or defending any possible claims (article 6.1.f of the GDPR).
  3. The User’s data provided in connection with the App will be processed until:
    • the Service Provider ceases to be under the legal obligation requiring the Service Provider to
      process the User’s data – if the basis for the processing of the personal data is the
      Service Provider’s legal obligation;
    • the end of the period in which the User or the Service Provider may pursue claims with regard to the
      agreement on the provision of Services;
    • acceptance of the User’s objection to the processing of his/her personal data – if the
      basis for the processing of the data was the Service Provider’s legitimate interest – depending on what is applicable in the given case and what happens the latest.
  4. The User has the right to request:
    • access to his/her personal data,
    • rectification thereof,
    • erasure thereof,
    • restriction of the processing thereof,
    • they be transmitted to another controller, as well as the right to:
      • object, at any time, to the processing of the data for reasons related to a special situation of the User
        – with regard to the processing of personal data of the User based on article 6.1.f of the GDPR (i.e.
        based on the legitimate interests pursued by the controller).
  5. In order to exercise his/her rights, the User should contact the Service Provider using the details provided in
    § 2 of the Rules.
  6. If the User comes to a conclusion that his/her data are processed unlawfully, the User may lodge a complaint
    with the President of the Personal Data Protection Office.

§ 9 Final provisions

  1. In matters not provided for in the Rules, the common provisions of the Polish law shall apply.
  2. In the event of any dispute with a User who is not a Consumer, the competent court shall be the
    court having jurisdiction over the Service Provider’s registered office.
  3. The Service Provider communicates with Users in Polish or English, depending on the User’s choice.
  4. The Service Provider has the right to make changes to the Rules. Amendments to the Rules will come into force within
    7 days of their publication in the Mobile App. Publication takes place by updating the provisions found under the
    relevant link in the Account section of the Mobile App.
  5. If the User does not object to the planned amendments until they come into force, it is assumed that he/she
    accepts them.
  6. In the case of a rejection, uninstalling the App from the device is tantamount to terminating the agreement on the
    provision of Services.
  7. If the User does not accept the planned amendments, he/she should delete the account in the App and uninstall it
    from the device. Removing the account and uninstalling the App from the device is tantamount to terminating the
    agreement on the provision of Services.