Rules of use of the site

Site usage rules:

These rules of use of the uniqueone.pl website (hereinafter: “the Website”) constitute the regulations for the provision of services by electronic means within the meaning of the Act of 18.07.2002 on the provision of services by electronic means (i.e. Journal of Laws of 2020, item 344). This website is made available to you by Unique One sp. z o.o. based in Warsaw. Users are authorized to use the Website to the extent permitted by Unique One sp. z o.o.. The services provided through the Website are not continuous.

(2) The following definitions are also adopted for the purpose of this document:

Service provider- means the Hosting Provider, Administrator, etc., Owner of the Website i.e. Unique One sp. z o.o. with its registered seat in Warsaw, Niedźwiedzia 2a, 02-737 Warsaw
User Content – User Content – information made available, produced and/or provided by the User as part of the use of the Service, including but not limited to:
opinions about Products, Services, Service,
comments under the content made available on the Website,
information contained in the account of a User visible on the Service,
content of posts and comments on the Facebook group or on dedicated social media channels,
Creating notes within the platform,
information made available within the User Account accessible to other Users.
portals – Sites where the Service Provider accounts on social networks with which the User interacts, such as leaving likes or comments, sending or receiving messages, or making or unsubscribing i.e.: Facebook, YouTube and LinkedIn.

3. As required by law, we have designated a point of contact for direct communication with the authorities of the Member States, the Commission, the Digital Services Board, as well as with Users using the Site. Quick and direct communication is possible by e-mail to: dane@uniqueone.pl

Rules of use and personal information:

By accessing and using this website, you are deemed to have read and accepted these terms of use. If you do not accept them in whole or in any part, you should not use this website.
The Terms and Conditions are made available to Users free of charge through the Service in a form that allows them to download, record and print them.
The content posted on the Website is available to all users accessing the Internet, however, from these functionalities of the Website.
Access to the Website and the use of its functionalities are not subject to any fees for Users, with the proviso that the User is obliged to pay remuneration to entities providing telecommunications services in the field of Internet access (telecommunications operators), in accordance with the price lists and regulations for the provision of these services in force at these entities, while this remuneration does not constitute remuneration for the use of the Website. The condition for access to the functionality of the Website is the use of a device communicating with the Internet and equipped with a commonly used Internet browser.
The rules for the processing of personal data are described in the Privacy Policy, with which a person interested in using the functionalities of the Website is obliged to familiarize himself/herself. The Policy is available on the Website.
There is a contact form available within the Service, to which the User is directed after clicking the “Contact” tab, the “Make an appointment” buton, in the “You have questions” section. The contract for the provision of services for the use of the contact form is concluded when the User enters the required data in the form and sends it to the Publisher by pressing the “Send” or identical button. The rules regarding the processing of the data contained in the form are described in the Privacy Policy.
Substantive information, articles contained in the Service do not constitute legal advice and should not be treated as such.

Users’ Responsibilities:

All actions taken by users within the service, as well as the purpose of these actions, should comply with the law, the rules of social coexistence and good morals.
You are responsible for your actions, including the content you post on the Service.
It is not permitted to post as part of the use of the service, content:

containing obscene or vulgar content;
inciting hatred in particular on the basis of race, gender, nationality, nationality, sexual orientation, offending religious feelings or questioning irreligiousness;
Harming the personal rights of any third parties;
infringing on the intellectual property rights of third parties,

(4) It is not permitted to post, as part of the use of the service, content:

containing personal data of third parties;
containing other data that may constitute a violation of third-party privacy, such as a phone number, email address or credit card number;
Incompatible with the theme of the service.

(5) It is not permitted to post in the use of the Service, promotional content.

Links:

Unique One may, from time to time, place links on its website to other websites or sources operated by other entities.
These links are provided for the convenience of users only. Unique One is not responsible for the availability of these sites or sources, and neither confirms nor assumes responsibility for their content, nor does Unique One assume responsibility for or control the privacy policies (if any) of the operators of such sites.
You should check the terms of use, as well as the data protection policies of sites linked to our site, before accessing and using such sites.

Intellectual property:

Acceptance of the terms and conditions means that you acknowledge and fully accept that all copyrights, trademarks and other intellectual property rights, software and all HTML code, as well as other code contained in this website, are vested in Unique One sp. z o.o. or Unique One sp. z o.o.’s partners based in Warsaw and are protected by law.
Users are specifically prohibited from modifying, copying, distributing, transmitting, redistributing, reproducing, publishing, making available to the public, using for business purposes, creating derivative works, copying, transferring any materials that may be/are posted on this website, without the prior written consent of the above entities.

Technical requirements:

Unique One will endeavor to make use of the Service possible for Users of all popular Internet browsers, operating systems, computer types and Internet connection types. However, Unique One does not guarantee that any combination of these factors will enable use of the Service at all times. In addition, the Service’s Internet tools may require certain configurations of the User’s computer.
Technical conditions of use of the Service, are important for its proper operation, as well as for the security of the Data .
Access and use of the Service is possible for the User:

(a) using a computer with Internet access with a bandwidth of at least 2,048 kilobits/sec;
b) with the current version of one of the following browsers installed with cookies and JavaScript enabled:
Google Chrome
Mozilla Firefox
Opera
Microsoft Edge
Apple Safari
(c) if using mobile devices, it is possible to use the Website using analogous browsers for mobile devices with cookies and JavaScript enabled.

4. In addition, as a condition for using certain Services on the Site, the User may be required to have an Email Inbox, which will be communicated to the User prior to using such Service.

Inquiries and Complaints:

Inquiries about the functionality of the Service may be submitted via e-mail sent to the e-mail address: biuro@uniqueone.pl. The inquiry should include : Name and e-mail address, the content of the message.
The User may direct complaints on matters related to the functioning of the Service through:

e-mail message sent to the e-mail address: biuro@uniqueone.pl, with the proviso that for complaints concerning the course of promotions about which information is posted on the Site, special routes are provided for, as specified in the regulations of these promotions.
To the address: Unique One sp. z o.o. with its registered office in Warsaw, Wołoska 18 02-675 Warsaw, include in the complaint the minimum data for return contact.

3. Unique One will consider complaints about the operation of the Service within 10 working days of receiving the complaint. If the submitted complaint contains deficiencies that make it impossible to consider it, Unique One immediately calls on the complainant to supplement it, specifying the deadline, after ineffective lapse of the specified period, the complaints are left without consideration.

4.Unique One takes all necessary steps to ensure that this Service operates properly. However, Unique One does not warrant that this Service will operate uninterrupted, at all times, securely or error-free, or that such defects will be corrected, or that this Service or the server through which it is made available are free of software viruses or other defects.

5.In order to protect yourself from loss or damage, it is essential that you take precautions on your own (e.g., but not limited to, installing appropriate security measures to protect your software from viruses and ensuring that you can keep up-to-date copies of any data).

(6) These Terms of Use shall be governed by and construed in accordance with the laws of Poland.

7 We reserve the right to make changes and amendments to the terms and conditions and the Service. You should read the Terms and Conditions before each use of the functionality of this Service. The version of the Terms and Conditions visible on the Service is considered to be in force.

(8) In matters not covered by these regulations, the provisions of law shall apply.

USER CONTENT
Unacceptable User Content:

It is forbidden for the User to post Content that constitutes illegal content as defined in the DSA Digital Services Act or is otherwise not in compliance with the Terms of Use of the Website, or the rules of the Portal.
Be The term “illegal Content” shall mean illegal content, products, services and activities.
You may not post Content that:

are terrorist in nature,
Are contrary to the law, good morals,
are in the nature of SPAM or notoriously appear on the Service without a legitimate purpose;
are offensive, contain content with terms considered hate speech, threats, and when it contains content inciting or fostering violence, content indicating harassment, racist content, discriminatory content, denigration,
violate or restrict the rights of third parties, in particular the right to privacy, the right of publicity, the right to protection of personal data, intellectual property rights, trademarks or copyrights;
serve to conduct competitive activities or constitute an act of unfair competition,
are used to conduct unauthorized advertising, promotional, marketing activities;
are used to conduct activities prohibited by law, e.g., financial fraud, AML violations;
propagate a fascist or other totalitarian state system;
Defame or insult any person;
violate the personal rights of any person;
contain vulgarities or other content of an offensive nature;
offend religious feelings.

(4) The Service Provider shall not be liable for User Content posted on the Website or Portals, provided that the Service Provider:

does not have actual knowledge of the User’s illegal activity or illegal Content, and, with respect to claims for damages, does not know of facts or circumstances that clearly demonstrate the User’s illegal activity or illegal Content, or
take prompt and appropriate action to remove or prevent access to illegal User Content or otherwise limit its visibility or monetization when it obtains such knowledge or knowledge.

5. the User undertakes not to take actions of publishing illegal and other unauthorized content on the Website or Portals.

(6) You are further advised that in the event that the Service Provider receives any information indicating the possibility that a crime threatening the life or safety of persons has been, is being or may be committed, it shall immediately report its suspicions to the law enforcement or judicial authorities of the relevant European Union member state or member states, while providing all available information on the subject.

(7) Please be informed that the Service Provider is required by law at the request of law enforcement agencies or public authorities to provide the User’s data, especially in the context of ongoing civil or criminal proceedings, the Service Provider is obliged to provide the required information. In such a case, if these actions concern the Service User or the content provided by the User, we will inform the User that we have received such a warrant within the period specified therein, or if no such period is specified, then at the latest at the time of the action in question.

8 The Service Provider may verify User Content at any time.

(9) The service provider shall conduct the verification with due diligence, in an objective and proportionate manner, and with due regard to the rights and legitimate interests of all parties involved, including respect for the fundamental rights of the service recipients, such as freedom of expression, media freedom and pluralism, and other fundamental rights and freedoms.

10 Verification may be prior or subsequent, i.e. after publication of the Content – depending on the type of User Content and functionality provided. The Service Provider does not conduct constant prior monitoring of Content. Decisions regarding them are made after receiving information about their occurrence, among others, from Users.

(11) If any User Content is found to be inconsistent with the Terms of Use of the Site, the rules and regulations of the Portals, the User Content may be blocked and become invisible to other Users or may be removed or otherwise restricted in its visibility.

12 If the User uses the Website, accounts on the Portals in violation of their terms and conditions, in addition to actions regarding the possibility of removing/blocking Content or otherwise limiting its visibility and/or monetization, the Service Provider may remove the User’s Account or temporarily or permanently prevent the User from using certain functionalities or make a notification in accordance with the policy of the Portals.

13 The Service Provider is obliged to act with due diligence, in an objective, proportionate manner and with due regard to the rights and legitimate interests of all parties involved, including in accordance with freedom of expression and information and other fundamental rights and freedoms. The service provider shall inform of its decision indicating the reasons for it.

(14) In the event that the actions referred to above are taken, the affected User may file an appeal under the rules described in this paragraph [cf. Appeal Procedure].

(15) Any person or any entity may report to the Service Provider the presence on the Website or account on the Portal of User Content that the person or entity considers to be illegal content within the meaning of the Digital Services Act (DSA).

(16) If the User has determined that the Website or the Portal account contains illegal content, he/she has the right to report this to the Service Provider for verification. Such report can be made via e-mail address: dane@uniqueone.pl.

(17) The notification referred to in the provision above shall include:

A reasonable explanation of the reasons why a person or entity alleges that User Content is unlawful;
indicating the exact electronic location of the information, such as the exact URL and additional information to identify User Content, according to the type of User Content and the specific type of hosting service;
The name and surname or name and e-mail address of the person or entity making the report, except for a report on information considered to be related to one of the crimes referred to in Articles 3-7 of Directive 2011/93/EU;
a statement confirming the bona fide belief of the person or entity making the notification that the information and allegations contained therein are correct and complete.

(18) The notification should allow for the identification of the notifier, while this is not a mandatory element, unless the identity is necessary to determine whether the Content in question constitutes potential illegal Content.

(19) Immediately upon receipt of the request referred to in paragraph 16, the Service Provider shall send the User a confirmation of receipt of the request – electronically, to the e-mail address provided (provided that the request contains contact information allowing the confirmation to be sent).

(20) If the application is incomplete or contains other errors that make it impossible to consider the application, the Service Provider may request the applicant to complete or correct the application, including, in particular, when it concerns, among other things, confirmation of the rights held, which are potentially violated. Failure to supplement or correct the application no later than 14 days from the date of the Service Provider’s request may be grounds for leaving the application unprocessed.

21 Verification of User Content in connection with a report shall be carried out immediately, no later than within 14 days from the date of receipt of the report allowing for its consideration, unless, due to the type of illegal Content that is covered by the report and the urgency of the action, the verification should take place earlier (for example, when the Content involves a threat to the life or safety of persons). The Service Provider shall conduct the verification with due diligence.

22 The reporting and verification of Content is intended to remove information considered illegal Content or prevent access to it, with the proviso that it shall not lead to undue infringement of other Users’ freedom of expression and information.

(23) In the course of verification, the Service Provider shall be entitled to block User Content so that it becomes invisible to other Users or to take other actions as described in this Section.

(24) Upon verification, the Service Provider may permanently suspend or remove User Content as violating the Terms of Use of the Website, the rules and regulations of the Portal, or otherwise limit its visibility or monetization, or determine that User Content does not violate the aforementioned.

(25) In the event of taking the action referred to above, the Service Provider shall immediately notify both the notifier and the User who posted the User Content, giving reasons for its decision.

(26) In the event that the actions referred to above are taken or not taken, the User who posted such User Content or the submitter may file an appeal in accordance with the rules described in this paragraph [cf. Appeal Procedure].

(27) If, for technical or operational reasons, the Service Provider is unable to remove a particular piece of information, the Service Provider shall inform the notifier.

DSA APPEAL PROCEDURE

The appeal will be considered by the Service Provider. Appeals will not be processed by automated means.
In case:

The Service Provider has not blocked or removed the User’s Content or restricted visibility despite a request from another User or a third party;
User Content has been blocked or removed or whose visibility has been restricted in violation of the Site Terms of Use or the Portal Rules;
The service provider has made decisions to suspend or terminate the service, in full or in part,
The service provider has made decisions to suspend or close the account,
The Service Provider has made decisions to suspend, terminate or otherwise limit the ability to monetize information,

The user who submitted the User Content, or the person who submitted the User Content for verification, may file an appeal.

(3) Each decision of the Service Provider referred to above must contain a justification that will allow an appeal, except where there are legal grounds for refusing to justify the decision. The justification must meet the requirements provided in the Digital Services Act (DSA) and include such information as:

Indication of whether the decision includes deleting User Content, preventing access to it, deposition or limiting the visibility of User Content, or suspending or imposing other measures with respect to such User Content, and, if applicable, the territorial scope of the decision and its duration;
the facts and circumstances on the basis of which the decision was made, including, where applicable, information on whether the decision was made on the basis of a report made by another User or a third party, or on the basis of voluntary checks conducted on the Service Provider’s own initiative, and, when absolutely necessary, the identity of the reporter;
where applicable, information about the use of automated means in decision-making, including whether the decision was made with respect to User Content detected or identified using automated means;
if the decision concerns potentially unauthorized User Content, an indication of the legal basis on which the decision is based, and an explanation of the reasons why the User Content in question is considered unauthorized on that basis;
if the decision is based on the alleged inconsistency of the information with the terms of service, an indication of the contractual basis on which the decision is based, and an explanation of the reasons why the information in question is considered inconsistent with this basis;
Clear and user-friendly information on the options available to the user or notifier to appeal the decision.

4 The appeal can be submitted: a) electronically to: dane@uniqueone.pl b) by correspondence – to Unique One Sp. z o.o. 2A Niedźwiedzia St., 02-737 Warsaw.

(5) The appeal should contain the necessary information to allow its consideration, including, but not limited to, identification and contact details of the appealing User and a detailed justification indicating irregularities in the Service Provider’s decision.

(6) The service provider shall immediately acknowledge receipt of the appeal electronically to the indicated e-mail.

(7) The appeal shall be considered within 14 days from the date of submission of the appeal.

(8) If the appeal contains sufficient grounds for the Service Provider’s decision to be incorrect/unjustified, the Service Provider shall immediately reverse its decision.

The appeal will be considered by the Service Provider’s qualified personnel with the knowledge required to consider the appeal.