Regulations for the use of MOBIEM mobile applications

1. The regulations set out the rules for using mobile applications provided by Mobiem sp. z o.o. (formerly: Mobiem Polska sp. z o.o. sp.k.) - hereinafter referred to as MOBIEM - with its registered office in Warsaw, al. Stanów Zjednoczonych 61, registered at 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 (National Court Register) number 0001054636, NIP (Tax Identification Number) 5242743960, REGON (statistical number) 0001054636.

2. These regulations constitute the regulations for the provision of services within the meaning of the Act of 18 July 2002 on Providing Services by Electronic Means.

3. The contract for the provision of electronic services is concluded for the time of installation and use of the mobile application by the user, i.e. for an indefinite period.

4. The contract for the provision of electronic services is terminated when the mobile application is removed from the user's mobile device. The user has the right to terminate the contract at any time without giving reasons.

5. MOBIEM mobile applications are software dedicated to mobile devices, the purpose of which is to provide the user with content, functions and tools contained in mobile applications.

6. The user within the meaning of these Regulations is a natural person who uses the MOBIEM services through the MOBIEM mobile application installed on the user's mobile device.

7. MOBIEM services provided as part of the MOBIEM mobile applications are free for the user.

8. The installation of MOBIEM mobile applications is possible through official stores with applications dedicated to the given operating system of the mobile device used by the user (hereinafter: Market).

9. In order to use the MOBIEM service, it is necessary to have a mobile device as well as to connect the mobile device to the Internet. The costs of connecting to the Internet are charged to the user, according to the contracts concluded by the user with the telecommunications operator.

10. MOBIEM mobile applications can be used via an end device with the following minimum hardware requirements:

1. devices with the Android operating system - Android operating system at least version 4.4,

2. devices with the iOS operating system - iOS operating system at least version 7.0,

1. MOBIEM is not responsible for non-performance or improper performance of services by telecommunications operators with whom the user has concluded contracts.

12. It is forbidden to use the MOBIEM mobile applications in a manner contrary to the principles of social coexistence and morality.

13. The provision of unlawful content by Users of MOBIEM mobile applications is prohibited.

14. Users bear full responsibility for the content that they enter, as well as damages caused as a result of their behaviour not in accordance with the above claims. MOBIEM is not responsible for any violation of any provisions of generally applicable law or the rights of third parties made by the user in connection with the use of MOBIEM mobile applications.

15. MOBIEM makes no guarantee regarding the availability of mobile applications and their functionality, and shall provide services with ordinary care.

16. Modifying, copying, distributing, transmitting, displaying, sending, reprinting content, diagrams from MOBIEM mobile applications, including mobile applications themselves, is prohibited.

17. MOBIEM informs that there are no special threats related to the use of MOBIEM services.

18. MOBIEM is not responsible for the rules (policies) of privacy of websites that the user will access through links provided as part of the materials made available in MOBIEM mobile applications, unless they are websites belonging to MOBIEM or controlled by MOBIEM.

19. MOBIEM is not responsible for the Market's privacy policy or compliance with generally applicable law by the Market's service provider.

20. As part of the functions provided in MOBIEM mobile applications, commercial and marketing information of third parties is available, which can be emitted, among others, in the notification bar, as part of push notifications, as well as display advertising such as banner, full page, interstitial.

21. The user of MOBIEM mobile applications may consent to the processing of geolocation data of the user's terminal device for the purposes of commercial information displayed in the mobile application. Geolocation is carried out based on the IP number, GPS signals of the user's device or data from the user's device sensors, including nearby Wi-Fi access points or cellular base stations.

22. The users are obliged:

1. to comply with these regulations,

2. to comply with generally applicable laws,

3. not to violate the rights of third parties,

4. to refrain from any actions that may hinder or disrupt the operation of MOBIEM mobile applications and to use them in a way that is not burdensome for other users.

23. MOBIEM reserves the right to:

1. the use of cookies and other similar technologies to provide services in accordance with the regulations, as well as for other purposes set out in the cookie policy document (Click to read the content of the Privacy Policy ),

2. the development or maintenance of mobile applications, including those related to their temporary lack of availability,

3. the sporadic, short breaks in access to mobile applications without giving reasons,

4. the changes in parameters and functionality as part of the provided mobile applications,

5. the termination of service provision and termination of development or support of mobile applications at any time,

6. blocking a given user access to the functions of mobile applications or using specific mechanisms made available as part of mobile applications, in case of deliberate or intentional violation of the regulations, obstructing the work of mobile application administrators or hindering the use of mobile applications by other users.

24. The users can terminate the use of MOBIEM services at any time (terminate the contract) by permanently removing the MOBIEM application from their mobile device.

25. Designations placed in MOBIEM mobile applications are protected on the basis of the provisions of generally applicable law. Their use without the consent of MOBIEM is prohibited.

26. If you have questions about these regulations or comments and complaints about MOBIEM mobile applications, please send an email to: support@mobiem.pl

27. The complaint should contain a detailed description of the problem, its occurrence time, the name of the Mobiem mobile application, phone model and the version of the user's end device operating system.

28. Any complaints regarding the functioning of mobile applications resulting from ignorance of these regulations may be considered negatively.

29. MOBIEM will reply to a complaint within 21 days from the date of receipt, indicating whether it accepts the complaint or refuses to accept it because of a lack of grounds. If it is necessary to clarify additional circumstances related to services provided to MOBIEM by entities for which MOBIEM is not responsible, MOBIEM sends within 7 days information about the need to clarify these circumstances.

30. Users as consumers who are not satisfied with the MOBIEM resolution of their complaint, have the option of using the European ODR platform (web address: http://ec.europa.eu/consumers/odr/).

31. Due to the fact that MOBIEM is not obliged under separate provisions to use out-of-court settlement of disputes, MOBIEM's participation in proceedings on out-of-court settlement of consumer disputes is possible provided that MOBIEM agrees to such user to participate in such proceedings.

32. MOBIEM is the administrator of data provided by the user through the MOBIEM mobile application, including data characterizing the way that the user uses the mobile application collected using cookies or similar technology or data about the location of the user's end device that allow direct or indirect identification of the user and processes them in accordance with the provisions of the Regulation of the European Parliament and of the Council (EU) 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/CE (the “Regulation”).

33. MOBIEM ensures the implementation of appropriate technical and organizational measures to ensure compliance of the processing with the Regulation, including the degree of processing security adequate to the risk of violation of the rights or freedoms of data subjects.

34. A data protection officer has been appointed at MOBIEM, who can be contacted by e-mail to the following address:  iodo@mobiem.pl or by post to the following address:

    1. Mobiem sp. z o.o.

    2. For the attention of: Data Protection Officer

    3. al. Stanów Zjednoczonych 61, 04-028 Warszawa

35. Data referred to in point 32 above, with the exception of location data of the user's terminal device, may be processed by MOBIEM for the following purposes:

1. providing services, including matching the content displayed in mobile applications to the user's preferences - legal basis: performance of the contract (Article 6(1)(b) of the Regulation),

2. monitoring the correct operation of services (errors, usability, load), ensuring security, testing of services and their development - legal basis: the legitimate interest of the administrator (Article 6(1)(f) of the Regulation),

3. fraud prevention and pursuit of claims - legal basis: the legitimate interest of the administrator (Article 6(1)(f) of the Regulation),

4. matching the advertisement displayed in mobile applications to the user's preferences - legal basis: the legitimate interest of the administrator (Article 6(1)(f) of the Regulation),

36. Data about the location of the terminal device used by the user may be processed by MOBIEM for the following purposes:

1. matching the content displayed in the service taking into account user preferences and location - legal basis: user's consent (art. 6(1)(a) of the Regulation),

2. matching the advertisement displayed in the service taking into account user preferences - legal basis: user's consent (art. 6(1)(a) of the Regulation),

37. Data referred to in point 32 above, will be stored during the term of the contract and after its cancellation, expiry or termination, provided that the processing of data after cancellation, expiry or termination of the contract is possible if there is a legal basis legitimizing data processing for specific purposes.

38. Data processing by MOBIEM may take place in cooperation with entities processing data on behalf of MOBIEM, who provide sufficient guarantees for the implementation of appropriate technical and organizational measures so that the processing meets the requirements of the Regulation and protects the rights of data subjects.

39. The consent referred to in point 36 may be withdrawn at any time. The withdrawal of consent should not affect the lawfulness of the processing based on consent before the withdrawal.

40. The users has the right with respect to their data to:

1. access to data, information on the processing process and to obtain a copy of the data,

2. rectification of data,

3. deleting data,

4. limit the processing,

5. receiving and transferring data,

6. objecting for reasons related to their particular situation to the data processing for the purposes referred to in point 32(b) and (c) above,

7. objecting to data processing for the purposes referred to in point 32(d) above,

8. lodging a complaint to the supervisory authority.

41. MOBIEM informs that on the website www. http://prywatnosc.mobiem.pl/ it publishes information on the processing of personal data, including useful contact and contact details as well as functionalities enabling the exercise of the rights of data subjects.

42. MOBIEM reserves the right to transfer or order all or part of its rights and obligations arising from the contracts for the provision of MOBIEM mobile applications. In such a case, the procedure of the third party joining all or part of the rights and obligations arising from concluded contracts shall take place in accordance with the principles set out in generally applicable provisions of law in the Republic of Poland.

43. MOBIEM reserves the right to change these regulations. If the users do not accept the content of the amendment to the regulations, they may terminate the contract in the manner indicated in point 4 of the Regulations.

44. In matters not covered by the regulations, the provisions of generally applicable law on the territory of the Republic of Poland, in particular the provisions of the Civil Code and the Regulation, shall apply.

45. The Regulations enter into force on 10 December 2019.