GATE CONTROL STATION APPLICATION STORE TERMS OF SERVICE
Par. 1. Initial Provisions
These Terms of Service set forth general terms and conditions governing:
A. the use of the Gate Control Station Application Store, and
B. the conclusion of distance Sales Agreements in the Gate Control Station Application.
The Seller is GATE ENTERPRISE Sp. z o.o. Sp. k. with registered office in Krakow, ul. Torowa 3H, 30-435 Krakow, Poland, entered into the Register of Entrepreneurs of the National Court Register under entry No. KRS 0000774854, registered under Tax Id. No. (NIP) 679-309-53-16 and Industry Id. No. (REGON) 122953493. The Client can contact the Seller at the e-mail address: online.store@gatee.eu or at the consumer hotline number: +48 12 210 05 23. These Terms of Service are dedicated both to Consumers and to other parties using the Gate Control Station Application Store.
Par. 2. Definitions
1. Whenever these Terms of Service refer to:
A. Terms of Service – this shall mean these Gate Control Station Application Store Terms of Service;
B. Seller – this shall mean GATE ENTERPRISE Sp. z o.o. Sp. k. with registered office in Krakow, ul. Torowa 3H, 30-435 Krakow, Poland, entered into the Register of Entrepreneurs of the National Court Register under entry No. KRS 0000774854, registered under Tax Id. No. (NIP) 679-309-53-16 and Industry Id. No. (REGON) 122953493;
C. Client – this shall mean:
that uses the Application Store, places or intends to place the Order. The Client may be the Consumer;
D. Consumer – this shall mean a natural person who performs a legal act unrelated directly with their business or professional activity;
E. Party – this shall mean the Seller or the Client, respectively;
F. Application – this shall mean a GATE Control Station application developed by the Seller, together with any upgrades installed and documentation, except for the Third-Party Software;
G. Application Store – this shall mean one of the Application’s functionalities, operating online, through which the Client may purchase the Product;
H. Sales Agreement – this shall mean, respectively, a product sales agreement within the meaning of the Civil Code and/or a licence agreement for the use of the Product within the meaning of the Copyrights Act, concluded between the Seller and the Client, via one or several distance communication means (distance agreement);
I. Product – this shall mean the firmware upgrade of devices distributed by the Seller in order to extend their functionalities, sold under the Sales Agreement. Presenting the Products in the Application Store does not constitute a sales offer, but merely an invitation to make an offer. The Seller shall make every effort so that the Products are available in the Application Store. However, if ordering any Product in the Application Store turns out to be impossible due to temporary problems with the operation of the Application Store, the Seller’s websites or payment service providers (PayPal), the Seller shall promptly inform the Client about the unavailability, in a customary way used to communicate with the Client;
J. Order – this shall mean the Client’s declaration of will, stating unequivocally the Products’ type and quantity, aimed directly at the conclusion of the distance Sales Agreement via the Application Store;
K. Sales Date – this shall mean the date when the Seller accepts the Order for fulfilment and informs the Client thereof. The placement of the Order as such does not constitute the conclusion of the Sales Agreement;
L. Personal Data – any information relating to an identified or identifiable natural person (data subject); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person;
M. Information – this shall mean any data, information and any other content entered to the Application Store or sent through, to or from the Application Store;
N. Force Majeure – this shall mean any external event of an extraordinary nature difficult to predict and impossible to prevent without non-standard activities or expenses, which shall include riots, strikes, armed conflicts, states of emergency, natural disasters, fires, floods, epidemics and states of epidemiological emergency;
O. Civil Code – this shall mean the Polish Act of 23 April 1964 Civil Code;
P. Copyrights Act – this shall mean the Polish Copyrights and Related Rights Act of 23 February 1994;
Q. Electronically Supplied Services Act – this shall mean the Polish Electronically Supplied Services Act of 18 July 2002;
R. Consumer Rights Act – this shall mean the Polish Consumer Rights Act of 30 May 2014;
S. Competition and Consumers Protection Act – this shall mean the Polish Competition and Consumers Protection Act of 16 February 2007;
T. Anti-Money Laundering Act – this shall mean the Polish Anti-Money Laundering and Counter-Terrorism Financing Act of 1 March 2018;
U. GDPR – this shall mean 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.
2. Any capitalised terms defined herein shall have the same meaning in the entire Terms of Service, regardless of their grammatical form, unless the Terms of Service provide otherwise.
3. Headings assigned to the paragraphs are of no legal value and are aimed exclusively as technical designations facilitating orientation in the structure of the Terms of Service.
Par. 3. General Rules
1. The Seller sells the Products in the Application Store remotely, in compliance with the Terms of Service. The Terms of Service represent an integral part of an agreement for the use of the Application Store and the Sales Agreement.
2. Any appendices referred to herein represent an integral part of the Terms of Service.
3. The Client is obliged to observe the Terms of Service. To place the Order in the Application Store and conclude the Sales Agreement, it is necessary to read the Terms of Service and accept their provisions.
4. The Sales Agreement shall be concluded on the Sales Date.
5. The Application Store is a part of the Application software. The Client may at any time resign from the use of the Application Store by terminating a Gate Control Station end user licence agreement. Resignation from the use of the Application Store shall not affect the Orders placed and the Sales Agreements concluded.
6. The Seller may refrain from providing the Application Store services, in whole or in part, in particular if the Client:
A. infringes mandatory rules of law;
B. infringes the Terms of Service;
C. infringes provisions of a Gate Control Station end user licence agreement;
D. in the case of any repair, maintenance or upgrading in progress. The Seller shall share information about any planned temporary service unavailability in advance;
E. in the case of a security breach of resources of the Client, the Seller or any third parties.
Refraining from the provision of the Application Store services shall not affect the Parties’ obligations under the Sales Agreements concluded.
7. An agreement for the use of the Application Store shall be terminated with immediate effect in the case of:
A. termination of a Gate Control Station end user licence agreement;
B. the Seller’s decision to discontinue making the Application available;
C. the Seller’s decision to discontinue selling the Products via the Application Store;
D. withdrawal, limitation, expiry or change of authorisations or terms and conditions necessary to provide the Application Store services;
E. the Client’s request to discontinue processing their Personal Data, unless this is in conflict with mandatory rules of law.
8. The Seller may discontinue providing the Application Store services with immediate effect if the Client:
A. infringes mandatory rules of law;
B. infringes the Terms of Service;
C. infringes provisions of a Gate Control Station end user licence agreement;
D. acts to the detriment of the Seller or any third parties.
9. In each case, an agreement for the use of the Application Store may be terminated by sending a written statement or an e-mail message to the Seller’s address, pointing unequivocally to an intention to terminate the agreement. The Application Store is a part of the Application software. Sending the aforementioned statement shall result not only in the termination of an agreement for the use of the Application Store, but also in the termination of a Gate Control Station end user licence agreement. The Client can contact the Seller at the e-mail address: online.store@gatee.eu.
10. The Application Store sells the Products on a retail basis.
11. All the Products are free from any physical and legal defects, and have been legally entered on the Polish and foreign markets.
Par. 4. Order Placement
1. The Orders are accepted via the Application Store.
2. The Orders may be placed via the Application Store on a 24/7/365 basis.
3. In order to place the Order, the Client shall:
A. connect a device to the Application;
B. select an ‘UPGRADE’ button (the button will appear if the Product is available on the Client’s device);
C. select available options of the Product;
D. provide necessary data allowing for the fulfilment of the Order:
E. tick a window to confirm the acceptance of the Terms of Service;
F. click a ‘PAY NOW’ button;
G. in the case of selecting a PayPal payment method – give instructions for payment.
4. The Order shall be effectively placed if the Client has correctly provided necessary data, has ticked a window to confirm the acceptance of the Terms of Service and has clicked the ‘PAY NOW’ button.
5. Having placed the Order, the Client shall receive an automated order placement confirmation to an e-mail address provided.
6. If the data are incomplete, the Seller shall contact the Client. If it proves impossible or difficult to contact the Client, if it proves impossible to obtain any missing data or if the Product is unavailable, the Seller may cancel the Order.
7. The Sales Agreement shall be effectively concluded on the Sales Date, i.e. upon the placement of the Order by the Client and the Seller’s confirmation of acceptance of the Order for fulfilment. The Seller shall confirm that the Sales Agreement has been concluded, writing to the Client’s address.
8. The Seller shall commence to fulfil the Order once the Client’s entire payment has been credited to a bank account indicated by the Seller, at the earliest.
9. In the case of the Product which is the firmware upgrade of devices distributed by the Seller (digital content), the installation of the upgrade shall commence automatically upon the placement of the Order, conclusion of the Sales Agreement and payment.
Par. 5. Payments
1. Prices of the Products in the Application Store are full prices inclusive of any potential taxes. To receive detailed information, the Client should contact the Seller at the e-mail address: online.store@gatee.eu.
2. A sale currency is euro.
3. Payments may be made through PayPal or via a recognised credit/debit card. In the case of some Products, the Seller may limit payment methods of which it shall inform the Clients.
4. Payments should be made promptly upon the placement of the Order and confirmation by the Seller of acceptance of the Order for fulfilment.
5. Detailed payment related information is available in the Application Store.
6. For each Product sold, the Seller shall issue a receipt or a registered proof of purchase (invoice).
7. The Client gives consent to the issue and sending by electronic means, to an e-mail address indicated by the Client, of electronic billing documents, in particular including: VAT invoices with attachments, VAT correction invoices with attachments, and forms. Further, this consent authorises the Seller to issue and send VAT invoices in an electronic form as well as to send, in an electronic form, confirmations that the Orders have been accepted for fulfilment and confirmations that the Sales Agreements have been concluded.
Par. 6. Withdrawal from Agreement
1. If the Seller is not informed that the Client uses the Application Store as an entrepreneur not covered with consumer protection or if the nature of the services does not point to the fact that they are dedicated for entrepreneurs not covered with consumer protection, the Seller shall assume that the Client uses the Application Store as the Consumer. The moment of the conclusion, change or termination of an agreement with the Consumer shall be established pursuant to mandatory rules of law, and in the absence of such rules – by provisions of the Terms of Service.
2. The Seller is obliged to provide the Consumer with the Products free from any defects.
3. The Consumer who has concluded a distance agreement has the right to withdraw from the agreement without stating a reason and incurring any costs.
4. The right to withdraw may be exercised by submitting a relevant withdrawal statement, including also in line with a withdrawal form template attached as Appendix 1 hereto, to the Seller’s address specified in the form. The statement may be sent by standard post or by electronic means to the Seller’s e-mail address: online.store@gatee.eu. In their withdrawal statement, the Consumer should indicate a bank account number where payments shall be reimbursed, unless the payments are supposed to be reimbursed with the use of the same payment method as used by the Consumer (e.g. to a bank account number from which payment has been made).
5. The Consumer may withdraw from an agreement within 14 days. A time limit for withdrawal shall run from an agreement date. For a time limit to be observed, it is sufficient to send a withdrawal statement prior to its expiry.
6. If the Consumer exercises the right of withdrawal, they are obliged to connect the Product to the Application in order to uninstall the Product and subsequently wait until software is automatically updated. The Consumer should notify GATE about the completion of a product uninstallation process. Following the verification of the information by GATE, payments shall be reimbursed to the Consumer.
7. The Seller may refrain from reimbursing any payments received from the Consumer until the Seller is informed by the Consumer about the uninstallation of the Product from a device.
Par. 7. Obligations
1. The Client guarantees that any Information sent by them shall not infringe mandatory rules of law. The Client is forbidden from sending any illegal Information.
2. In particular, it is forbidden to send:
A. any misleading Information,
B. any fictitious Information,
C. any Information infringing rights of the Seller, other clients or third parties,
D. any Information infringing a Gate Control Station end user licence agreement, the Sales Agreement or the Terms of Service,
E. any Information in breach of mandatory rules of law,
F. any Information in breach of decency or social norms,
G. any discriminating, vulgar, offensive or obscene Information, or any Information promoting drug or alcohol consumption,
H. spam or unsolicited commercial information,
I. the Personal Data of any third parties,
J. links to the Information referred to above.
3. The Seller shall promptly delete any prohibited Information from the Application Store; however, it may keep the Information for archiving or statistical purposes or for purposes involving claims or liability related thereto if this complies with mandatory rules of law.
4. It is forbidden to:
A. interfere with the Application Store’s software code without authorisation or to use software interfering with the Application Store’s operation;
B. use the Application Store for a purpose or in a manner other than the ones specified in the Terms of Service;
C. during use of the Application Store, use false data, including in particular fictitious or somebody else’s Personal Data for validation purposes or for order placement;
D. use the Application Store services to send out mass e-mailing. The Seller may apply technical measures safeguarding against sending undesirable mass e-mailing.
Par. 8. Liability
1. To the fullest extent permitted by law, the Seller shall not be liable to the Client for:
A. damage caused by the Force Majeure,
B. damage caused by unauthorised interference with the Client’s ICT system,
C. consequences of theft of the Client’s data,
D. consequences of infecting the Client’s ICT system with malware,
E. disruptions, including the Application Store’s temporary unavailability caused by the Force Majeure, illegal actions of any third parties or incompatibility of the Application Store with the Client’s technical infrastructure;
subject to mandatory rules of law governing liability to the Consumer and the Personal Data.
2. The Seller shall apply due efforts in order to ensure secure, uninterrupted, constant, stable, effective and full availability of the services and data processing security; nonetheless, it shall not be held liable if ensuring such availability, in given circumstances, has proven impossible or materially hindered, subject to mandatory rules of law governing liability to the Consumer.
3. The Seller’s liability shall be excluded if the Application Store services are unavailable due to their development or introduction of new services, subject to mandatory rules of law governing liability to the Consumer.
4. The Seller’s liability shall be limited to wilful misconduct and to actually suffered losses, subject to mandatory rules of law governing liability to the Consumer, and in the scope of liability related to the use of the Product, pursuant to Par. 8.9 below.
5. The Seller shall protect the data in compliance with the Privacy Policy attached as Appendix 2 hereto.
6. The Client shall be responsible for the consequences of their use of the Application Store. The Client shall be responsible for the consequences of using the Application Store by individuals with whom they have shared the Application and/or a device connected to the Application.
7. The Client is obliged to make good to the Seller and to any third party any damage inflicted as a result of the use of the Application Store, including in particular the damage inflicted as a result of sending to the Application Store of the forbidden Information, and to indemnify and hold the Seller harmless if, in connection with the use by the Client of the Application Store, a third party has filed a claim against the Seller. The above shall also apply to claims of a third party against the Seller for damage inflicted in connection with the use of the Product, subject to mandatory rules of law.
8. The Seller is entitled, at any time, to undertake any activities aimed at verifying the Client’s identity and validating the Client, within the meaning of the Anti-Money Laundering Act, and the Client is obliged to provide the Seller with relevant necessary information, clarifications and documents. The Client acknowledges and accepts that if not provided with any required information the Seller may refrain from providing the services and selling the Products, which shall not serve as a basis for the Client’s claims against the Seller.
9. The Seller informs the Clients that:
The Client shall be responsible for any damage inflicted to the Seller, the Seller’s partners or any third parties as a result of the improper use of the Product. The Client undertakes to indemnify and hold the Seller harmless in the event of any claims, suits, liability, damage and related expenses, in particular legal costs occurring, directly or indirectly, in connection with the improper use of the Product. The Client expressly represents and accepts that they use the Product at their own risk. To the fullest extent permitted by applicable laws, the Product is supplied to the Client ‘as is’ and ‘as available’. The Seller does not grant the Client any warranties or statutory warranties, expressed or implied. The Client accepts full responsibility for the selection of the Product for specific purposes and for the installation, use or results obtained through the Product. To the fullest extent permitted by applicable laws, the Seller, its Staff or Partners shall not be responsible for any damage related to the use of the Product. The above provisions do not limit the Seller’s liability for death or injury for reasons attributable to the Seller if such liability may not be excluded or limited, or any other liability which may not be excluded or limited under mandatory rules of law.
Par. 9. Technical Requirements and Impact on the Client’s Devices and Software
1. The Client’s ICT system shall satisfy the minimum technical conditions, i.e.
A. technical conditions necessary to install and use the Application,
B. access to the Internet.
2. Impact on the Client’s devices and software has been presented in the Privacy Policy attached as Appendix 2 hereto.
Par. 10. Intellectual Property Rights
1. An agreement for the use of the Application Store/Sales Agreement does not transfer rights to any works, invention projects, proposals for improvement, databases, titles or individual or distinguishing designations. The rights are legally protected under: the Copyrights Act, the Act of 30 June 2000 Industrial Property Rights, the Unfair Competition Act of 16 April 1993, the Database Protection Act of 27 July 2001 and other generally applicable laws.
2. It is forbidden to replicate the Seller’s Information, either in whole or in part, in any manner whatsoever, including online and on storage media, and to send, publish, disseminate, modify, develop, re-use or market it in any way that would exceed permitted personal use, including on other websites, in advertising media, by radio or TV broadcasting, by publishing or displaying in press, on billboards, with the use of any telecommunications techniques and technologies, in particular online or on storage media, and by placing links to the Seller’s Information in a manner that could prevent source identification.
3. The Seller grants the Client a licence to use the Products that represent the Seller’s digital content (modifications of devices’ firmware) on the terms specified in Appendix 3 to the Terms of Service.
4. The Client represents and warrants that any Information sent, used or stored by the Client in the Application Store is free from any legal defects and claims of third parties. The Client represents that they have all rights and authorisations required for sending, using and storing the Information and that such activities shall not infringe rights or property of any third parties and mandatory rules of law. The Client authorises the Seller to store in the Application Store, free of charge, the Information referred to above and to use it, free of charge, in such a manner as shall be required to ensure the provision of the Application Store services/the Sale of the Products.
Par. 11. Technical Support and Complaints
1. The Client may report to the Seller technical problems related to the operation of the Application Store. Whenever such notification is made, the Seller shall promptly commence fixing an issue at hand. In order to fix an issue, the Seller may interfere with the Client’s resources and may refrain from providing the services. If a source of any issue, including in the event of a data security breach, is attributable to the Client’s resources, the Client is obliged to promptly fix the issue and notify the Seller thereof. The Seller may also fix the issue on its own, including without the Client’s consent, at the Client’s risk and responsibility. The Seller may decide not to fix minor issues that do not prevent the use of the Application Store.
2. Complaints related to the operation of the Application Store or concerning the Products shall be sent to the Seller’s address, including the e-mail address: online.store@gatee.eu.
3. A complaint shall be filed promptly upon the occurrence of an event that is a source of the Client’s concern, within 14 (fourteen) days from the moment when the event has taken place or from when the Client has become aware of it, at the latest.
4. A complaint should include at least: the Client’s name and surname, correspondence address, description of issues covered with a complaint, and in the case of complaints related to the Products, also a serial number and software version, photos of a damaged device, error numbers, data concerning accessories connected to a device and an expected manner of an issue resolution.
5. The Seller shall consider a complaint without undue delay, within 14 (fourteen) days from its effective filing at the latest.
6. In justified cases, a time limit for complaint consideration may be extended provided that the Client is informed about ongoing clarification proceedings and about an expected date of a final answer; and if the Client has failed to submit all necessary data or provide/make available the defective Product – about missing data or necessity to provide/make available the defective Product, respectively.
7. The Seller shall inform the Client about complaint resolution at an address indicated by the Client.
8. If a complaint is not accepted or if a complaint is not resolved in line with the Client’s request, the Client may request of the Seller to reconsider the complaint within 14 days from the date when the Client has been notified of the complaint resolution by the Seller.
Par. 12. Final Provisions
1. For the Application Store services to be provided/the Products to be sold, it is necessary to accept the Terms of Service. If the Client starts to use the services, this shall mean that they have accepted the Terms of Service. In the case of purchasing the Products via the Application Store, the Client confirms to have accepted the Terms of Service.
2. The Terms of Service shall be governed by and interpreted in accordance with the Polish law, unless mandatory rules of competent law provide otherwise.
3. Any disputes related to the provision of the Application Store services/Sale of the Products shall be settled by Polish courts of law.
4. The Terms of Service have been made in Polish and English language versions. For the Consumers who are citizens of Poland, the language of the Terms of Service shall be Polish, with an agreement for the use of the Application Store/Sales Agreement also being concluded in this language. Otherwise, an agreement for the use of the Application Store/Sales Agreement shall be concluded in English, unless mandatory rules of competent law provide otherwise.
5. Prior to the conclusion of an agreement, the Seller shall provide the Client with the Terms of Service, free of charge. At the Client’s request, the Seller shall share the Terms of Service in a manner that allows for the acquisition, reproduction and recording of the content of the Terms of Service via an ICT system used by the Client.
6. Amendments to the Terms of Service pertaining to the Clients are made by the Seller for important reasons (changes to the type or scope of services/the Products, changes to payment methods, resignation from the provision of the specific services/Products or adding the new services/Products, changes to the Application Store operating processes, adjustment to applicable laws, changes to the Seller’s data) and shall enter into force within 14 (fourteen) days from the date of their publication in the Application Store, and if the Client has provided their e-mail address, within 14 (fourteen) days from the date of informing the Client thereof, at such an e-mail address. The Seller shall notify the Client of any planned changes, their scope and important reasons for the changes, and send a link to an amended content of the Terms of Service. The Client that does not consent to the changes should inform the Seller thereof. The Terms of Service in the wording applicable when the Client has placed the Order shall apply to the Sales Agreements.
7. The Seller shall inform the Consumer about an option to use out-of-court procedures for complaint resolution and pursuit of claims, and rules of access to the procedures. Relevant detailed information is available on http://www.uokik.gov.pl and in offices and on websites of county (municipal) consumer ombudsmen, social organisations whose statutory responsibilities involve consumer protection and Regional Trade Inspectorates. In particular, the Consumer may:
A. apply to the Trade Inspectorate’s regional inspector, pursuant to Art. 36 of the Trade Inspectorate Act of 15 December 2000, with a motion for mediation proceedings;
B. instigate proceedings before the permanent consumer arbitration court referred to in Art. 37 of the Trade Inspectorate Act of 15 December 2000;
C. use assistance of a county (municipal) consumer ombudsman or a social organisation whose statutory responsibilities involve consumer protection;
D. use a platform of an online system for dispute resolution between consumers and entrepreneurs at the EU level (the ODR platform) at the address: http://ec.europa.eu/consumers/odr/.
8. The Terms of Service are accompanied by the following Appendices:
A. Appendix 1 – Withdrawal Form Template,
B. Appendix 2 – Privacy Policy,
C. Appendix 3 – Software Licence.
9. In any issues not governed by the Terms of Service, provisions of the Civil Code, Copyrights Act, Electronically Supplied Services Act, Consumer Rights Act, Competition and Consumers Protection Act and GDPR shall in particular apply.
10. The Terms of Service shall enter into force once published in the Application.
APPENDIX 1
TO APPLICATION STORE TERMS OF SERVICE
AGREEMENT WITHDRAWAL FORM TEMPLATE
(the form to be filled in and sent only when intending to withdraw from an agreement)
GATE ENTERPRISE Sp. z o.o. Sp. k. with registered office in Krakow, ul. Torowa 3H, 30-435 Krakow, Poland, entered into the Register of Entrepreneurs of the National Court Register under entry No. KRS 0000774854, registered under Tax Id. No. (NIP) 679-309-53-16 and Industry Id. No. (REGON) 122953493,
e-mail: online.store@gatee.eu
I/we(*) hereby inform(*) you about my/our withdrawal from an Agreement for the Use of the Application Store/Product Sales Agreement.
________________________________________
Specification of a service/Product
________________________________________
Agreement date
________________________________________
Name and surname of the Consumer(s)
________________________________________
Address of the Consumer(s)
________________________________________
E-mail address of the Consumer(s) (if any)
________________________________________
The Consumer’s bank account number for payment reimbursement
________________________________________
Signature of the Consumer(s)
(only if the withdrawal statement is in the paper form)
________________________________________
Date
(*) delete as appropriate
APPENDIX 2
TO APPLICATION STORE TERMS OF SERVICE
Privacy Policy
The purpose of this Policy is to inform an end user of a GATE Control Station application (the End User, the Application) what personal data (the Personal Data) may be processed in connection with the use of the Application and about purposes of their processing, a manner of use thereof and about related rights available to the End User. A personal data controller (the Controller) protects the End Users’ privacy and ensures security of the Personal Data provided by them. The Controller complies with personal data processing rules and applies technical and organisational measures which guarantee that the data are secure and processed as prescribed by law. The End Users’ Personal Data are always processed in conformity with applicable laws, including in particular pursuant to the Regulation of the European Parliament and of the Council 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 (the GDPR).
Who is the Controller?
The Controller is GATE ENTERPRISE Sp. z o.o. Sp. k. with registered office in Krakow, ul. Torowa 3H, 30-435 Krakow, Poland, entered into the Register of Entrepreneurs of the National Court Register under entry No. KRS 0000774854, registered under Tax Id. No. (NIP) 679-309-53-16 and Industry Id. No. (REGON) 122953493. The Controller has appointed a Data Protection Officer who can be con-tacted in any data protection issues at the e-mail address: iodo@gatee.eu. A data subject can contact the Controller also otherwise as preferred, including verbally and in writing at the Controller’s address.
Purposes of, and legal bases for, processing of the Personal Data:
The End User may set up and use the Account in the Application, which entails transferring their Personal Data to the Controller. In such a case, the Personal Data are processed in order to perform an agreement (Art. 6.1.b of the GDPR). Should no data be provided, the Account in the Application may not be set up and used. The Controller may process the following data of the End User: nick, name, surname, password hash, e-mail, country, Google ID, Facebook ID, Apple ID, information on participation in a ranking;
The End User may take part in GATE rankings, which entails transferring specific data to the Control-ler. Relevant information is displayed on https://www.gatee.eu/rankings. In such a case, the Personal Data are processed on the basis of consent of a data subject (Art. 6.1.a of the GDPR). Consent to participation in the rankings is voluntary. The End User gives their consent in an End User Account panel. Without the consent, the End User may not take part in the GATE rankings. The Controller may process the following data of the End User: nick, country, time of an entry, serial number;
By connecting a compatible Product with the Application, the End User can use specific functionali-ties of the Application, which entails transferring specific data to the Controller. In such a case, the Personal Data are processed in order to perform an agreement (Art. 6.1.b of the GDPR). Should no data be provided, specific functionalities of the Application cannot be used. The Controller may process the following data of the End User: connection between the Product and the Account, content of reports, connection time, local time, the Product’s serial number, device type, IP, country, phone model, screen DPI, operating system version, received signal strength indicator (RSSI), statistical data about a device and its settings and errors;
In order to purchase the Products in the Application Store, the End User needs to provide the Per-sonal Data. In such a case, the Personal Data are processed in order to take steps at the request of the End User prior to entering into an agreement, and to perform an agreement (Art. 6.1.b of the GDPR). Should no data be provided, the End User cannot make purchases in the Application Store. The Controller may process the following data of the End User: IP address, country of a transaction, transaction ID, information on the successful completion of a transaction, purchase amount, pur-chase date, name and surname, e-mail, VAT-EU number, organisation name, organisation address, MCC code of a card;
The Personal Data are processed in order to communicate with the End User (Art. 6.1.f of the GDPR). The Personal Data are provided on a voluntary basis but the provision thereof is necessary to receive a reply from the Controller. In such a case, the Personal Data are processed due to the Controller’s legitimate interests. The Controller’s legitimate interests consist in communicating with an individual who requests of the Controller to provide an answer. The Controller may process the following data of the End User: nick, name, surname, e-mail, Google ID, Facebook ID, Apple ID. As its legitimate interests pursuant to Art. 6.1.f of the GDPR, the Controller also considers: exercise and defence against legal claims, fraud prevention, keeping statistics and analyses, ensuring security of an ICT environment, application of internal control systems and in some cases also direct marketing of its own services, where for marketing purposes the Controller may process the Personal Data also with the End User’s consent (Art. 6.1.a of the GDPR);
The Personal Data are processed in order to fulfil contractual obligations (Art. 6.1.b of the GDPR) and to comply with the Controller’s legal obligations resulting in particular from accounting policies and tax related regulations (Art. 6.1.c of the GDPR). These data are processed in case of purchasing the Products in the Application Store. The provision of the Personal Data is a statutory requirement needed for the discharge of obligations resulting from accounting policies and tax related regula-tions. The Controller may process the following data of the End User: IP address, country of a trans-action, transaction ID, information on the successful completion of a transaction, purchase amount, purchase date, name and surname, e-mail, VAT-EU number, organisation name, organisation ad-dress, MCC code of a card, card issue country, card expiry date, card type (VISA/MASTERCARD, etc.), information on a PayPal account, part of a card number, information on the Product purchased, device serial number, platform where payment has been made.
Recipients of the Personal Data:
The Personal Data may be processed by the Controller’s service providers rendering, among others, financial settlement (including payment intermediaries such as PayPal (Europe) S.a.r.l. et Cie, S.C.A.), legal, advisory, consulting, archiving and IT services. The End Users’ Personal Data may be transferred to providers of services related to software used by the Controller and to hosting service providers.
The Personal Data will not be shared with any third parties or transferred to any third countries outside the EEA, unless this proves necessary and the End User gives consent thereto, or an obligation or option of sharing the data results from mandatory rules of law, a final and non-appealable court judgment or a final decision of a relevant body.
What does profiling involve and are any data in the Application subject to profiling?
Profiling consists in any form of automated processing of the Personal Data evaluating the personal aspects relating to a natural person, in particular to analyse or predict aspects concerning the data subject’s work performance, economic situation, health, personal preferences or interests, reliability or behaviour, location or movements, where it produces legal effects concerning the data subject or similarly significantly affects the data subject. The data in the Application, including in the Application Store, will not be profiled.
How can the Personal Data be changed?
The End User has the right of access to content of their Personal Data and the right of rectification and erasure thereof, the right to restrict processing and the right to data portability. The End User has the right to object to the processing of the Personal Data, for instance if the Controller profiles the End User’s data.
The End User who has given consent to the processing of the data has the right to withdraw their consent at any time without affecting the lawfulness of processing carried out on the basis of the consent prior to the withdrawal. To this effect, the End User can contact the Controller at the e-mail address: online.store@gatee.eu or iodo@gatee.eu. The End User can contact the Controller also otherwise as preferred, including verbally and in writing at the Controller’s address.
How does the Controller protect the Personal Data?
The Controller protects the End Users’ data against unauthorised access, disclosure, change or de-struction. In particular, the Controller makes use of data encryption, physical security measures and verification in IT systems. Further, the Controller uses anti-virus software and firewalls. The End Users’ data may be accessed exclusively by authorised individuals bound by confidentiality and by subcontractors that have entered into a personal data subprocessing agreement with the Controller and satisfy security criteria set forth therein.
How long will the Personal Data be processed?
In the case of the use of the Account, the Personal Data are processed for as long as the End User uses the Account, subject to the data to the processing of which the End User has given separate consent or in the case of which there exists another basis for processing. In the case of participating in the GATE rankings, the Personal Data are processed for as long as a ranking is published or until the End User withdraws their consent. In the case of information from the Product compatible with the Application, the Personal Data are processed for as long as the End User uses such functionalities of the Application. In the case of the sale of the Products, the Personal Data are processed for the duration of a sales process, including delivery and payment settlement. In the case of communication with the End User, the Personal Data are processed for a period necessary to provide the End User with an answer. To a limited extent, the Personal Data may also be processed upon the lapse of the above periods until any potential legal claims become time-barred or for as long as possible or required in compliance with applicable laws, e.g. for statistical purposes or to document a transaction. Upon the lapse of a processing period, the Personal Data are permanently deleted or anonymised.
Other personal data processing related rights of the End Users
The End User has the right to lodge a complaint with the President of the Personal Data Protection Office if they consider that their Personal Data are processed in breach of mandatory rules of law.
This Policy shall enter into force once made available in the Application.
APPENDIX 3
TO APPLICATION STORE TERMS OF SERVICE
SOFTWARE LICENCE
The Seller grants the Client, without any territorial restrictions, a non-exclusive, non-transferrable, non-commercial, personal licence for the installation and use of the Products that represent the Seller’s digital content – modifications of devices’ firmware (the Software), for an indefinite period, to be used in one device. The licence shall be granted once the Client has paid for the Products. Under no circumstances may the Client use the Software or share it with any other entities for commercial purposes. In particular, it is forbidden to sell, transfer rights to or use the Software for purposes other than the ones set forth in the Terms of Service. The Client may, on a one-off basis, permanently transfer the entire licence for the Software together with a device, where in such a case a buyer must undertake to comply with terms and conditions of the Terms of Service, including this licence, which the Client guarantees. The Software is provided under licence, with no authors’ copyrights thereto being transferred. The licence shall apply to the following fields of use: download, installation, entering, display, launch, use and storage, in compliance with the Software’s intended use, exclusively for personal purposes. The Client does not acquire the right to use and dispose of derivative rights. The Client is obliged not to undertake any activities aimed, either directly or indirectly, at disclosing the Software’s source code or any activities consisting in translating, adjusting or changing the Software’s structure or otherwise changing the Software, unless such a right is prescribed by mandatory rules of law. The rules governing liability pursuant to Par. 8.1-9 of the Terms of Service shall apply accordingly.