TERMS OF SERVICE FOR ELECTRONICALLY PROVIDED SERVICE

TERMS OF SERVICE FOR ELECTRONICALLY PROVIDED SERVICES

Donations made via the website www.krakow.bankizywnosci.pl

§1. Definitions The terms used in these Terms of Service shall mean:

  1. “Website” – the website available at www.krakow.bankizywnosci.pl
  2. “Service Provider” – Bank Żywności w Krakowie, KRS no.: 0000143611, ul. Zabłocie 20/22, 30-701 Kraków, Poland
  3. “Terms of Service” – these Terms of Service.
  4. “User” – any entity using the services provided via the Website by the Service Provider, who has accepted the Terms of Service.
  5. “Financial Intermediary Service” – Stripe Payments Europe Ltd., service provider at https://stripe.com/
  6. “Donation” – monetary funds transferred by the User to the Service Provider for the purpose of supporting its statutory (mission-driven) activities.

§2. General Provisions

  1. The purpose of the service is to collect monetary donations for the statutory activities of the Service Provider.
  2. Before using the Website, every User must familiarize themselves with these Terms of Service.
  3. Use of the Website implies acceptance of and commitment to comply with the Terms of Service.
  4. The Service Provider provides the Terms of Service free of charge before concluding an agreement for the provision of electronic services, by publishing it on the Website.
  5. The User declares that they understand that making a Donation fulfills the criteria of a donation agreement as defined in Article 888 of the Polish Civil Code, namely a gratuitous transfer of property for the benefit of the Service Provider.
  6. The User acknowledges that upon making a transfer, the donation is valid and binding regardless of the form of the legal act, as stated in Article 890 §1 second sentence of the Civil Code.

§3. Conditions for Using the Website

  1. To properly use the services available on the Website, including the effective execution of a donation, the following are required: a) access to the Internet; b) devices enabling the use of Internet resources; c) an Internet browser capable of displaying hypertext documents linked within the Internet and supporting JavaScript as well as accepting cookies; d) an active e-mail account.
  2. Meeting certain technical requirements specified in §3 sec. 1 may entail incurring costs, particularly for Internet access. These costs are borne solely by the User.
  3. Use of the services provided through the Website is voluntary and free of charge.

§4. Terms of Concluding an Agreement for the Provision of Electronic Services

  1. The agreement is concluded when the User makes use of the Website. To execute the agreement, the User must either provide their payment information or hold an account with the Financial Intermediary Service, as applicable.
  2. Concluding the agreement is voluntary.
  3. The Service Provider informs Users that using the Website entails risks characteristic of services provided electronically, particularly the risk of malicious software installation, phishing, or identity theft attempts. However, the Service Provider has taken all necessary measures to minimize these risks.

§5. Services Under these Terms of Service, the Service Provider enables Users, through the Financial Intermediary Service, to transfer Donations for its statutory purposes.

§6. Fees The Service Provider does not charge Users any commission or additional fees for making Donations.

§7. Personal Data

  1. The administrator of personal data is the Service Provider.
  2. Providing personal data is voluntary but necessary to make a Donation through the Website.
  3. For any matters related to personal data, please contact: bz.krakow@bankizywnosci.pl
  4. Personal data will be processed to establish contact after making a Donation, fulfill legal obligations, and perform the agreement or take steps prior to its conclusion. The legal basis for processing is Article 6(1)(b), (c), and (f) of the GDPR (EU Regulation 2016/679). We process the following data: a) User’s name, surname, and email address; b) payment-related information provided by the Financial Intermediary Service to the Service Provider; c) address details (if provided).
  5. Data will not be shared with other entities.
  6. Data will be stored for a period of 5 years (the statutory period for tax liability limitation). After that, data may be stored for the limitation period of any claims or as specified by separate legal regulations.
  7. Data will not be transferred outside the European Economic Area or to international organizations.
  8. The User has the right to access, rectify, delete, or restrict the processing of their personal data and to object to further processing.
  9. The Service Provider does not process data in a way that results in automated decision-making, including profiling.
  10. Users have the right to lodge a complaint with the supervisory authority – the President of the Personal Data Protection Office, ul. Stawki 2, 00-193 Warsaw, Poland.

§8. Complaints

  1. Every User has the right to file a complaint regarding the functioning of the Website or services provided by the Service Provider.
  2. Complaints should be submitted by email to bz.krakow@bankizywnosci.pl or in writing to the Service Provider’s postal address.
  3. The Service Provider will respond to the complaint within 14 days of receiving it.
  4. The response will be sent to the User’s email address provided in the complaint or, if submitted in writing, to the address provided in the written complaint.
  5. Complaints regarding services provided electronically by third parties, including the Financial Intermediary Service, will be handled by those third parties in accordance with their regulations.
  6. The Service Provider is not responsible for the operation of the Financial Intermediary Service.
  7. The Service Provider informs that the online dispute resolution platform is available at http://ec.europa.eu/consumers/odr, where consumers may seek out-of-court resolution of disputes.

§9. Deletion of Data, Termination, and Dissolution of Agreement

  1. The User has the right to request the deletion of their data by sending an email with such a request to bz.krakow@bankizywnosci.pl from the address provided during the donation process. Upon such request, the Service Provider is obliged to delete the data without undue delay. Such request is equivalent to the termination of the agreement between the User and the Service Provider.
  2. The agreement is dissolved upon receipt of the deletion request by the Service Provider.
  3. The Service Provider may terminate the agreement and delete the User’s data in the event of a breach of these Terms of Service or applicable law.
  4. In the event of termination as described above, the User will be informed via email sent to the address provided during the donation process.

§10. Amendments to the Terms of Service

  1. The Service Provider reserves the right to amend these Terms of Service.
  2. All amendments will be published on the Website at least 14 days before their effective date.

§11. Final Provisions

  1. These Terms of Service are effective from the date of publication on the Website.
  2. The Terms of Service are available on the Website in a format allowing their reproduction and storage and at the Service Provider’s registered office.