§ 1. SUBJECT
1. The subject of these Terms of Service is to define the rules for the provision of Concierge Services for Clients by Warsaw Concierge Group Sp. z o.o. with headquarters in Warsaw at ul. Aleje Jerozolimskie 136, 02-305 Warsaw, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw, 12th Commercial Division of the National Court Register under KRS number 0000382495, Tax Identification Number (NIP): 7010289945 and REGON number: 142887148 (hereinafter referred to as "WCG").
2. The detailed scope of Concierge Services provided to the Client is specified in these Terms of Service.
3. If the Client has concluded an agreement with WCG, to which the concierge service regulations are attached, they shall take precedence over these Terms of Service.
4. The capitalized terms used in these Terms of Service shall have the following meaning:
|Provider||means a natural or legal person or an organizational unit without legal personality that provides the Client with Services, via WCG, described in §3 of the Terms of Service, where WCG may also be the Provider;|
|Order Center||means an organizational unit organized by WCG within the framework of the enterprise that receives Client Orders;|
|Client||means a natural or legal person who is entitled to use the Concierge Services;|
|Consultant||means an employee or associate of WCG accepting and executing Orders in the Order Center;|
|Individual Agreement for Concierge Services||means agreement each time concluded by the Client with WCG covering the given Order and its implementation;|
|Service Agreement||agreement concluded by the Client with a given Provider for the provision of Services via WCG;|
|Services||means the services provided to the Client by Providers, based on an Order for these Services placed by the Client, via WCG, including in particular the sale or delivery of goods or services;|
|Concierge Services||means all activities carried out by WCG for the benefit of the Client, specified in: Individual Agreement for Concierge Services and in the Terms of Service, consisting in: providing consultancy services and intermediation in concluding Agreements with Providers by Clients, preparing the selection of offers and providing the requested information;|
|Terms of Service||means these Terms of Service;|
|Provider’s fee||means the price or remuneration due to the Provider for the Services they have performed, as agreed in the Individual Agreement for Concierge Services;|
|Order||means the Client's declaration addressed to WCG via the Order Center, specifying the Service or information sought by the Client.|
§ 2. GENERAL TERMS OF SERVICE
1. The provision of Concierge Services is each time the subject of a separate Order placed by the Client. Each Client's Order is considered individually by WCG and is subject to verification in terms of its feasibility and timing, including the conditions set out in §4 of these Terms of Service.
2. Concierge services shall be performed on the basis of an order placed by the Client. The Client places Orders for the provision of Concierge Services to the Order Center, directly to the dedicated Concierge: by phone, e-mail or via the IT platform to which the Client has received individual access. Placing Telephone Orders is payable according to the rates of the operator serving the Client.
3. By placing an Order by phone, the Client is obliged to provide data enabling his/her identification and checking the authorization to place the Order. The Client should also indicate the telephone number or address to which he/she wants to receive information or which will be used during the execution of the Order. Regardless of these data, the Client may be asked to provide other data needed to identify the Client and correctly order the Services for him/her. The Client acknowledges that failure to provide the data referred to in this provision may prevent the execution of the Order placed by him/her and entitles WCG to refrain from providing the Concierge Service until receipt of the required data.
§ 3. TERMS OF PROVIDING SERVICES
1. Concierge Services are provided according to the following rules:
a) by placing an Order for a given Service, the Client provides its characteristics and the relevant requirements that the Service should meet, in particular, he/she defines the necessary or preferred technical requirements of the goods, the date of delivery and/or performance, the interesting price range, the type of Provider, the preferred method of receiving the information referred to in point c) below, information expected etc.
b) WCG Consultant, by phone or e-mail, indicates the date on which the requested information will be prepared, depending on the type of service, cost estimate for the performance and/or delivery of the service, offer proposals, etc. or information about the inability to provide the service,
c) The Consultant may ask by e-mail or telephone (SMS) for confirmation of the Order or a proposal to implement the Order, in the absence of confirmation by the Client, the implementation of the Order may be suspended,
d) within the period specified in accordance with point b) above, according to the method indicated by the Client, WCG Consultant shall
i. present the information ordered by the Client as part of the information service,
ii. inform the Client about the possibility of performing the Service, while presenting the data referred to in point d) and any other information necessary for the proper performance of the Service, including the availability of the Service, the possibility of its performance within a specified period and under other conditions specified by the Client,
iii. inform the Client about the possible inability to perform the service on the terms specified by the Client; in this case, WCG shall present to the Client its terms and conditions for the performance of a given order or the terms specified by the Provider,
iv. inform the Client about the inability to perform the service due to the reservations indicated in §4 of these Terms of Service.
e) together with the data referred to in point c) (ii) above, if required by the specificity of the Order, WCG should also provide the Client with data on:
- Providers executing the Order
- essential properties of the provision of Service and its subject,
- price or remuneration covering all their components, in particular duties and taxes, taking into account the necessity to make deposits, advances or prepayments by WCG,
- the date on which the offer or information about the price or remuneration is binding,
f) The Client is entitled to ask additional questions regarding the materials and information sent to him/her;
g) The Client selects and/or accepts the offer/cost estimate presented to him/her by phone or e-mail and, pursuant to the contract with the Provider, pays the Provider's Fee for Services, if required. The Client takes into account that accepting the offer presented to him/her after the binding date will not result in ordering the service on the terms that were presented to him/her;
h) depending on the type of Service, WCG makes it possible for the Client to make the payment as follows:
- direct payment to the Provider,
- prepayment of the amount accepted by the Client by WCG to the Provider, and then return of the amount paid by WCG to the account indicated by WCG - a method offered only when, in the opinion of WCG, it is justified due to the nature of the service provided,
- as well as other means, if agreed between the WCG and the Client.
i) after payment to the Provider, if required, WCG concludes, on behalf and for the benefit of the Client, a contract with the appropriate Provider, and provides the Client with all information or documents necessary for the proper performance and receipt of the Service from the Provider.
2. Concierge services are provided by WCG on the territory of the Republic of Poland and beyond its borders.
§ 4. RESTRICTIONS ON THE PROVISION OF CONCIERGE SERVICES
1. WCG reserves the right not to provide the Service/Concierge Service if:
a) it will not be possible at the time of placing the Order by the Client, using the technical means and knowledge available to WCG,
b) The Service/Concierge Service, which is the subject of the Client's Order, is inconsistent with the law, decency and principles of social coexistence,
c) the service requested by the Client is related to his/her business or professional activity,
d) The Order concerns the organization of events. The implementation of such an Order may be the subject of a separate order from WCG.
2. In the case mentioned in sec. 1, WCG should explain to the Client in detail the reason for the inability to perform the above-mentioned service and, if possible, provide the possible date of its performance.
§ 5. WCG LIABILITY
1. The Client acknowledges that WCG is only an intermediary and proxy in ordering Services and does not provide these Services to the Client. WCG shall be liable to the Client only for
non-performance or improper performance of the Concierge Services, unless WCG is the Service Provider itself.
2. Therefore, WCG shall not be liable for non-performance or improper performance of the Services (unless WCG is the Service Provider itself), and in particular for the delay or default of the Provider in the performance of the contract between the Client and the Provider, damages related to non-performance or improper performance of the Services, liability under the warranty, legal and physical defects of the Services, guarantees, for the implementation of claims resulting from the Client's or the Provider's withdrawal from the contract between them, etc. Any claims in this regard should be directed directly to the Provider.
3. Furthermore, WCG shall not be liable for the non-performance or delay of the Concierge Service if the delay or impossibility of performance is caused by force majeure, in particular: strikes, riots, terrorist attacks, natural disasters, epidemics, etc.
4. WCG shall not be liable for the suitability and use of the information services ordered by the Client.
1. WCG is the administrator of Clients' personal data.
2. WCG processes all personal data of the Client exclusively for the purposes related to the correct performance of Concierge Services/Services. For this purpose, WCG shall be entitled to transfer the Client's data to other entities for the purpose of proper performance of their obligations towards the Client, and by placing an Order, the Client agrees to this.
3. The data subject has the right to be informed about the processing of his/her personal data. The data subject has the right to demand that inaccurate data be corrected (right of rectification), blocked or erased (right to be forgotten), the right to restrict processing, the right to data portability, the right to object, the right to withdraw consent to processing referred to in Articles 15 to 22 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation). The data subject has the right at any time to confirm whether his/her personal data is being processed and to obtain the following information:
a) what personal data are processed,
b) categories of personal data processed,
c) purposes of processing,
d) information on recipients or categories of recipients to whom personal data have been or shall be disclosed, in particular about recipients in third countries or international organizations,
e) if possible, the planned period of personal data retention, and if this is not possible, the criteria for determining this period,
f) information on the right to request the Administrator to rectify, delete or limit processing of personal data of the authorized person and to object to such processing,
g) information on the right to lodge a complaint with the supervisory authority,
h) if personal data have not been collected from an authorized person - all available information about their source;
i) information on automated decision-making, including profiling, and - at least in these cases - relevant information on the principles of their making, as well as the significance and anticipated consequences of such processing for the authorized person;
j) whether personal data are transferred to a third country or an international organization and about appropriate safeguards related to such transfer.
4. If the Client wishes to exercise the above rights, the Client may at any time contact the Complaints Department under the contact details specified in §8 below or WCG Consultant. In such a case, WCG shall provide the Client to whom the data refers with a copy of the personal data to be processed or shall inform about the procedure of the Client's request.
5. The personal data shall not be made available to other entities, with the exception of entities authorized under the law to obtain data or performing Concierge Services/Services, shall not be used to send commercial information, unless the Client expresses an explicit, separate and prior consent, which can be revoked at any time regardless of the issue of Order execution.
6. The processing of personal data shall be carried out in accordance with the principles of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation). Providing personal data is voluntary, albeit necessary for the performance and settlement of the Concierge Services/Service pursuant to Article 6(1)(b) of the aforementioned Regulation on the basis of the Order placed. The data may also be made available at the request of public authorities pursuant to Article 6(1)(c) of the aforementioned Regulation.
7. With regard to the Client, the confidentiality obligation covers in particular all data concerning the Orders placed, the structure of the Orders and other details made available to WCG.
8. With regard to the Client's personal data, WCG does not use automatic decision-making in individual Client’s cases or their profiling.
§ 7. CONFIDENTIALITY
1. The Parties undertake to keep secret and not disclose to third parties any data concerning the other party, obtained even indirectly in connection with the performance of the Individual Agreement for Concierge Services.
2. With regard to the Client, the obligation of confidentiality covers in particular all data regarding the orders placed, the structure of the Client’s orders, details of the contract between the Client and the Provider, etc.
3. With regard to WCG, the confidentiality obligation applies in particular to all technical, technological, organizational and other data of economic value for WCG.
4. The obligation referred to above does not apply to data, information or documents that:
a) have been disclosed to Providers in order to properly provide the Services for the Client,,
b) have been made public in a manner that does not constitute a breach of the provisions of the Terms of Service by the Party,
c) were in the possession of the disclosing Party before the date of placing the Order and were not covered by the obligation to keep them confidential at the time,
d) have been disclosed with the prior written consent of the other Party,
e) whose disclosure obligation results from legal regulations, decisions of state or local authorities issued on the basis of relevant legal provisions or in connection with pending court, administrative or arbitration proceedings.
§ 8. COMPLAINTS
1. The Client any complaints regarding the quality of the provision of Concierge Services and Services if they are provided by WCG should directly report to the Complaints Department in the following way:
a) by phone to the following telephone numbers: (+48) 22 378 16 55 on weekdays from 09.00-17.00
b) by e-mail to the following address: firstname.lastname@example.org
c) in writing to the following address: Warsaw Concierge Group sp. z o.o., Al. Jerozolimskie 136, 02-305 Warszawa, with a note: Complaints Department
2. The complaint should indicate the following Client’s data:
a) name and surname
b) Client number, if given
c) description of the service which the complaint concerns
d) contact details, i.e. e-mail or correspondence address.
3. Complaints will be considered by the Complaints Department immediately, unless the applicable law provides for specific deadlines for considering a given complaint.
4. The Client will be informed each time about the method of settling the complaint in writing or by e-mail to the correspondence address or e-mail provided by the Client.
5. In the event of a complaint concerning the Services provided by the Provider, the complaint procedure is governed by the rules specified by the given Provider. In the event that a complaint is submitted to WCG, WCG shall be obliged to forward the complaint to the appropriate Provider and shall not participate in the further complaint procedure. If the legal regulations provide for a deadline for lodging a complaint for a specific type of Services, the compliance or failure to comply with which is connected with certain legal consequences, it shall not be tantamount to lodging a complaint to the relevant entity, unless the relevant regulations state otherwise.
§ 9. CHANGES TO THE TERMS OF SERVICE
1. Due to the constant improvement of the rules for the provision of Concierge Services, WCG shall be entitled to amend these Terms of Service.
2. WCG shall inform about each change on the website www.warsaw-concierge.com. The amendment to the Terms of Service comes into force on the date specified therein.
3. Orders placed before the amendment to the Terms of Service are implemented according to the version valid on the date of placing the Order.
§ 10. FINAL PROVISIONS
1. In matters not covered by the Terms of Service, the provisions of generally applicable Polish law, in particular the Civil Code, shall apply.
2. The Terms of Service enter into force on June 1, 2020.
2. WARSAW CONCIERGE GROUP Sp. z o.o. with its registered office in Warsaw (02-305) at ul. Aleje Jerozolimskie 136, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw, 12th Commercial Division of the National Court Register under KRS number 0000382495, Tax Identification Number (NIP): 7010289945 and REGON number: 142887148 is the administrator of the website (hereinafter referred to as: We/Administrator).
3. We take care to ensure the highest standard of protection of the privacy of our website users. We collect and store data about users of our website and use them to provide services on request or with the consent of the user.
1. WHAT ARE COOKIES?
It is nothing more than IT data, in particular text files, which are saved and stored on users' end devices intended for the use of websites (i.e. in computer memory).
The cookies we use are safe for the user's device, usually they contain: the name of the domain they come from, retention time on the device and a unique number. It is not possible for unwanted software or viruses to get through this way.
Cookies cannot download any personal data or confidential information from the user's devices.
2. TYPES OF USED COOKIES
A. session cookies - stored on the user's device until the end of the browser session. The information stored in them is removed from the device memory at the end of the session.
B. permanent cookies - they are stored on the user's device for the time specified in their parameters or until they are deleted. Ending the session does not delete them.
3. PURPOSE OF USING COOKIES
A. Our own cookies (placed by us) are used for the following purposes:
- authentication and maintenance of the Website user's session (thanks to this, you do not have to log in to our website after switching to the next page - this is how the so-called necessary cookies work);
- optimization and improvement of the efficiency of services provided - the so-called performance cookies enabling the collection of data on the use of website pages;
- increasing the functionality and reliability of the Website and access to its full functionality, as well as the correct configuration of selected functions - the so-called functional cookies that allow you to remember the settings selected by you and personalize the user interface, e.g. in terms of the selected language or font size;
- ensuring the security of the Website, e.g. detection of fraud in the authentication process.
B. External cookies placed by our partners for the purpose of:
- advertising, they are used to match the content of advertisements to the interests defined on the basis of the most searched content, as well as to control the number of displayed advertisements;
4. DELETING COOKIES
A. Default software settings for browsing websites allow cookies to be placed on the end device. Remember that you always have the option to limit or disable the access of cookies to your device from your own web browser.
C. Failure to change the browser settings means acceptance of the placement of cookies on your device.
5. PROFILING AND TRACKING ON THE NETWORK
Your data is profiled using the following tools:
- Google AdWords,
- Google Analytics.
5.1. Profiling user data using Google AdWords
Profiling user data using Google AdWords takes place using the following tools: Remarketing and the Similar Audience function.
5.2. Description of the use of Remarketing and the Similar Audience function in the Administrator's online advertising.
The administrator uses Remarketing tools to track users' movements on the web and target personalized advertising to them, based on their preferences and previously disclosed demand for a specific service or product that users searched for on the Website. Thanks to this, the Administrator may also provide such users with information, e.g. about existing promotions or special offers for goods or services in which the user was previously interested.
Similar users are people who have not browsed the Website, but their general characteristics are similar to those of users who have viewed the Website. Based on the activities performed on the Internet by such users, Google categorizes them in terms of their similarity to the Administrator's users. Google may send the Administrator's advertisement to users similar to those who visited the Website.
5.3. Opting out of cookies
Website users may opt out of Google cookies by using the following link that allows you to change the settings of advertisements displayed by Google on users' devices: https://adssettings.google.pl/authenticated.
Website users may also opt out of third-party cookies on the Network Advertising Initiativewebsite, via the following link: http://optout.networkadvertising.org/?c=1#!/.
5.4. Profiling user data using Google Analytics
The Google Analytics system is used by the Administrator to track traffic on the Website, as well as to create analyses and improve the quality of information presented on the Website. In addition, using the Google Analytics system, the Administrator creates marketing lists based on specific actions taken by the user on the Website.
The Google Analytics tool used by the Administrator retains data for a period of 50 months from the date of their collection. The retention period applies to user-level and event-level data associated with cookies, user-identifiers (e.g., User-ID) and advertising identifiers (e.g., DoubleClick cookies).
The User may independently turn off the tracking of movements on the Website using the following device: https://tools.google.com/dlpage/gaoptout.
The consent to profiling may be withdrawn at any time - however, this will not affect the lawfulness of the processing of personal data carried out before its withdrawal.
The consent to profiling may be revoked by clicking the following button: https://tools.google.com/dlpage/gaoptout.
5.5. The effects of resignation from use of the Administrator of cookies for profiling
B. PERSONAL DATA
1. THE BASIS FOR PROCESSING OF PERSONAL DATA
A. The basis for processing of your personal data is in most cases your consent, i.e. the consent of the data subject (Article 6 (1) (a) of the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (hereinafter referred to as: GDPR - General Data Protection Regulation) and necessity to perform the contract/take action at your request prior to its conclusion (Article 6(1)(b) of GDPR).
B. In the case of data processing for direct marketing of the Administrator's own products or services, the basis for such processing is also your prior consent (Article 6(a) of GDPR)
C. In the case of data processing for direct marketing of products and services of entities cooperating with the Administrator, the basis for processing is also your prior consent (Article 6(a) of GDPR)
2. PURPOSES OF PROCESSING OF PERSONAL DATA
A. These data are processed in order to access our website and analyze traffic on it.
3. PROTECTION OF PERSONAL DATA
A. We process your personal data in accordance with the rules:
- lawfulness, fairness and transparency of data processing, according to which your data is processed by us lawfully, fairly and in a transparent manner for you.
- limitation of the purpose of data processing - this means that the data is collected by us for specific, explicit and legitimate purposes and is not further processed in a manner inconsistent with these purposes.
- minimizing the amount of data processing - we process the amount of data that is adequate, relevant and limited to what is necessary for the purposes for which they are processed.
- correctness of the processed data - we process only correct data and, if necessary, updated. We take all reasonable steps to ensure that personal data that is incorrect in view of the purposes of their processing are immediately deleted or rectified.
- limitation of the time and purposes for which the data may be stored - we store data in a form that allows the identification of the data subject, but only for a period not longer than it is necessary for the purposes for which the data are processed.
- integrity and confidentiality of data processing - we process data in a manner that ensures adequate security of personal data, including protection against unauthorized or unlawful processing as well as accidental loss, destruction or damage.
B. We have implemented and apply technical and organizational measures aimed at minimizing the risk of breach of personal data protection.
C. All our employees and associates who have access to your personal data, have been properly trained, operate on the basis of special authorizations and are bound by confidentiality agreements.
4. DATA OF MINORS
As a rule, all our activities are directed to adults who can make decisions or influence their making. If the legal guardians of a minor have information that they have completed the form available on our Website, please contact us in order to delete this data from the database.
5. TRANSFER OF PERSONAL DATA
A. The entities to which we can entrust your personal data are: our employees and associates, as well as accounting offices, law firms and our other trusted partners. All of these people have been trained by us in the proper processing of personal data and have committed to processing them in a manner that guarantees the highest level of security of this data.
B. As a consequence of the fact that in connection with the implementation of the above-mentioned purposes of personal data processing, we use the services of external entities that use the possibility to share data collected using cookies from our external suppliers, please be informed that some data may be transferred outside the European Area Economic. Such transfer of data may take place on the basis of a decision on the appropriate level of protection taken by the European Commission, i.e. for organizations participating in the Privacy Shield program, or on the basis of standard contractual clauses in accordance with the decision of the European Commission or on the basis of your explicit consent. At the same time, we would like to point out that Google LLC, Facebook and Sizmek are certified under the EU-US-Privacy Shield. Under the agreement between the US and the European Commission, the latter have established an adequate level of data protection in the case of companies certified by the Privacy Shield.
6. YOUR RIGHTS
A. RIGHT OF ACCESS
You have the right to obtain confirmation from us as to whether we process your personal data, and if so, to obtain access to it and information (Article 15 of GDPR).
B. RIGHT TO RECITIFICATION
You have the right to request us to rectify your personal data immediately (Article 16 of GDPR).
C. RIGHT TO ERASURE
You have the right to request us to erase your personal data immediately (Article 17 of GDPR).
D. RIGHT TO RESTRICTION OFPROCESSING
You have the right to request us to restrict the processing of your data (Article 18 of GDPR).
E. RIGHT TO DATA PORTABILITY
You have the right to receive your personal data from us stored on a carrier and to transfer it to another administrator (Article 20 of GDPR).
F. RIGHT TO OBJECT
You have the right to object to the processing of your personal data (Article 21 of GDPR).
G. RIGHT TO WITHDRAW THE CONSENT
You may withdraw your consent to the processing of personal data at any time. Withdrawal of consent to data processing does not affect the lawfulness of data processing carried out on the basis of consent before its withdrawal.
Withdrawal of consent to the processing of data necessary for the performance of the contract may result in the termination of trade negotiations, as well as the termination of our services. We will inform you about this fact immediately after the withdrawal of such consent.
The consent may be withdrawn by sending a statement to the following e-mail address: email@example.com
Sample content of the statement:
I (name and surname, address) withdraw my consent to the processing of my personal data by WARSAW CONCIERGE GROUP sp. z o. o. with its registered office in Warsaw.
7. TIME OF PROCESSING OF PERSONAL DATA
We process your personal data for the duration of trade negotiations aimed at signing the contract, and then for the duration of the contract or service, as well as for the time in which we are obliged to store sales documents (i.e. until the tax liability expires, while the tax liability expires within 5 years, counting from the end of the calendar year in which the tax payment deadline expired - Art. 86 § 1 in conjunction with Art. 70 § 1 of the Act of August 29, 1997, Tax Ordinance). After the indicated periods, the data will be anonymized and will be stored (processed) only for statistical purposes.