- As defined by these Regulations:
- "Regulations" - these Regulations of the StartQuestion.com website, defining rights, duties and the scope of responsibility of the Service Provider and the User;
- "Service Provider" – Marcin Racino RACINO, having its registered office in Warsaw, zip code 01-773, at ul. Braci Załuskich 11/34; NIP (Tax Id. Number) 525-223-12-85, phone +48 695 450 000, e-mail email@example.com
- "User" - entity, which fulfils the conditions of the Regulations and has completed the registration process, resulting in the creation of an Account, enabling access to Services on the terms set forth in the Regulations;
- "Account" - conducted under a unique name, set of resources, wherein User data and information about the activities thereof are collected under the Service;
- "Site" - website available at www.startquestion.com
- "Service" - service provided electronically by the Service Provider to the Users on the basis of these Regulations.
- The Regulations shall be made available to the Users via the website www.startquestion.com. Each User shall be obliged to familiarize themselves with the content of the Regulations prior to commencing the use of the Services.
- The Service Provider reserves the right to introduce changes and modifications to these Regulations, being obliged, at the same time, to inform Users on such changes electronically.
- Users may be natural persons with full legal capacity, legal persons and organizational units without legal personality, but which may on their own behalf acquire rights and obligations.
- Users may also be natural persons with a limited legal capacity, the extent of acquiring rights and obligations.
- The correct operation of the Site, requires the User:
- to be connected to the Internet;
- to operate one of the following web browsers:
- Microsoft Internet Explorer 9.0 or higher
- Firefox ver. 15 or higher,
- Chrome ver. 20 or higher,
- Safari ver. 5.0 or higher,
- Opera ver. 12.0. or higher;
- SSL, Java Script and Cookies protocols to be enabled in the browser.
- § 1
Use of the Site
The object of operations of the Site is to enable the creation of web surveys to test a given target audience. The User may create surveys, according to their own needs, subject to compliance with the binding law.
- Services provided via the Website may be free of charge or payable.
- Services free of charge include:
- a) the use of test versions of paid accounts;
- Payable services include:
- a) the use of paid accounts (in particular the Business account and Enterprise package);
- b) other services marked as payable.
- The Price List of payable services is available on the Site in the Price List tab.
Detailed conditions concerning particular services provided by the Service Provider are available on the Site, in the Price List tab.
- At the time of registration on the Site and selection of the paid account, access to the trial version of a given type of account is granted automatically.
- The trial version of a paid account is activated for a 14-day trial period.
- In order to use the paid account after the period referred to in passage 2, the User shall be obliged to make a payment for the account prior to the end of this period.
- Access to Payable Services is granted within 24 hours from the moment of crediting the bank account of the Service Provider with the amount corresponding to the price of the selected payable service.
- Should the payment be concluded by means of the PayU system, access to a payable service shall be granted automatically upon transfer of the amount corresponding to the price of the selected payable service to Service Provider's PayU account.
In the event of non-payment for the service prior to the expiration date of the account, the User shall lose their ability to use the functions of the paid account, as well as the surveys created and conducted via the Site, until submitting the payment.
The Service Provider reserves the right to limit access to collected results on trial versions of paid accounts.
The Service Provider reserves the right to fully limit access to functions of the Site, surveys, questionnaires and collected results after expiry of the paid account and the trial version thereof.
- § 5
Contract for Services
Contract for Services Free of Charge
- Concluding the Contract for Provision of Services Free of Charge with the Service Provider shall be done by the User's commencement of use of the Site.
- Within 14 days from the date of concluding the contract referred to in § 13, passage 1, the User being a consumer as defined by Article 221 of the Act of 23 April 1964 - Civil Code (Journal of Laws No.16, item 93 with later amendments), may withdraw from it without stating the reasons, by submitting a relevant statement in an electronic form or in writing. A template of such a statement has been included in Appendix No. 1 hereto.
- The Contract for Services Free of Charge shall be terminated at the time of deleting the User account from the Site.
- The Service Provider reserves the right to delete the User's account or survey from the system without giving reasons.
- In particular, the Service Provider has the right to terminate the contract for Services Free of Charge and cease the provision of the Service in the event of any breach by the Service User of legal regulations, or the provisions herein
- § 13
Contract for Payable Services
Concluding the Contract Payable Services with the Service Provider shall take place at the time of granting access to payable Services referred to in § 9.
- Within 14 days from the date of concluding the Contract referred to in § 17, the User being a consumer as defined by Article 221 of the Act of 23 April 1964 - Civil Code (Journal of Laws No.16, item 93 with later amendments), may withdraw from it without stating the reasons, by submitting a relevant statement in an electronic form or in writing. A template of such a statement has been included in Appendix No. 1 hereto.
- The right to terminate the Contract shall not be granted to the User referred to in passage 1 if they consented to the commencement of Service provision prior to expiry of the aforementioned date to terminate the Contract, and commenced the use of the Service, i.e. have logged in to their account on the Site.
The Contract for Payable Services shall be terminated at the time of expiry of the paid account.
- In particular, the Service Provider shall have the right to terminate the Contract for Payable Services and cease the provision of the Service, in the event of any breach by the Service User of legal regulations the provisions herein
- § 17
Rights and duties of the Service Provider and the User
- The Service Provider shall not be responsible for information uploaded on the Site by the Users.
- The Service Provider may block access to the User's surveys including content prohibited by law, in conflict with good customs, racist, pornographic, offensive to the respondent, extorting information, collecting personal data with publicly available results, or inconsistent with the interests of the Service Provider.
In the event of any breach of the provisions herein, the User shall be obliged to compensate damages arising as a result of said breach on the part of the Service Provider.
When creating a questionnaire on the Site, the User shall receive a unique web address, where the questionnaire shall be available, and shall manage it at their own risk.
The Service Provider reserves the right to temporarily cease operations of the Site, if they are caused by repair, maintenance or modification of hardware or software, or for reasons beyond the control of the Service Provider.
- The Service Provider shall not be responsible for damages arisen as a result of incorrect use of the Site by the Users, in particular for the disclosure of passwords to accounts, disclosure of personal data, as well as any and all other damages arisen as a result of cessation of Services and deletion of the User's account breaching the Regulations or the law, as well as created as a result of modifying the code of the Site, or incompetent use thereof.
- The Service Provider shall not be responsible for loss of data by the Users, caused by external factors, or other circumstances beyond the control of the Service Provider.
- Disclosing the access password to the Site, by the User, to third parties is prohibited.
- The Service Provider reserves the right to store IT data necessary for rendering the Services, in particular text files, on end devices of the User, intended for making use of those Services.
- § 21
Protection of personal information
- The Service Provider shall be the administrator of User personal data, according to the Act on personal data protection. The data administrator appointed an Information Security Administrator (after 25 May 2018 called the Data Protection Officer, whose function in the Company is carried out by Katarzyna Ułasiuk (mailing address: ul. Ludwika Narbutta 22 app. 23, 02-541 Warsaw).
- Personal data of Customers are processed for the purpose of allowing the use of the Services, the conclusion and carrying out of the Agreement, billing of the Service - in the case of Payable Services, answering questions and resolving claims if they are made, explanation of circumstances of an unauthorized use of the Service, as well as for the purpose of archiving or a possible pursuit of claims, for the purpose of establishing contact and marketing own products and services in a direct way and traditional form.
- In these purposes personal data will be processed on the basis of: article 6, paragraph 1, point b, c and f of Regulation (EU) 2016/679 of the European Parliament and of the Council 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 / EC (GDPR), i.e. in connection with the conclusion and implementation of mutual rights and obligations under the Service Provision Agreement, legal provisions regulating in particular archiving matters (accounting regulations, provisions regarding the expiry of the period of limitation of claims) and in connection with the legitimate interests of the Service Provider , understood as in particular ongoing contact, receipt and processing of complaints, redress, direct marketing of own products and services carried out in the traditional form. Personal data processed in connection with the implementation of the Agreement will be processed until its completion, and for archiving purposes - no longer than until the expiry of the proper period of limitation of claims.
- In the case of Payable Services, personal data of Customers may be made available to the parter of the Service - PayU S.A. that operates the PayU.pl system in order for the payments to be made correctly.
- With a separate consent, personal data may be processed for marketing purposes in connection with the transmission of commercial information by electronic means, i.e. pursuant to art. 6 paragraph 1 point a of GDPR. In this case, the data will be processed for the above mentioned purpose until the withdrawal of consent.
- Providing personal data is voluntary and the data subjects have the right to access their content and correct it (rectification), remove, limit processing, the right to transfer data or object to their processing, the right to withdraw consent (if it is expressed) at any time without affecting the lawfulness of the processing. The data subject has the right to complain to the Inspector General (after the entry into force of the GDPR this office will change its name to the "President of the Office for the protection of personal data") when he / she considers that the processing of his / her personal data is breaching the GDPR.
The User shall undertake to post in the Service only personal data, information concerning the User or other persons, in a manner consistent with the provisions of the law, and not infringing on third party rights.
- The User shall undertake not to upload the personal details of third parties to the Site. In particular, the User may not import to the Site, e-mail addresses and other data, belonging to persons, who did not express consent to the User for personal data processing, or receiving commercial information via e-mail.
- In order to transfer the personal details of third parties to the Service Provider, it shall be necessary to conclude a written contract for data processing.
- The Service Provider hereby reserves the right to remove from the Site, personal details of third parties uploaded therein in a way inconsistent with the provisions of the preceding passages.
The User shall not send via the Site, messages constituting an unordered commercial information, as defined by the Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws No.144, item 1204 with later amendments).
- The Service Provider shall not be responsible for unlawful use of the Site, data (in particular personal data) posted therein by the User, as well as the presence and correctness of procedures and instructions for processing personal data by the User.
- The User is fully responsible for the compliance of the information possessed by the User and processed by the User through the Website with the requirements of law, in particular with the requirements of the Act of 29 August 1997 on the protection of personal data, and from 25 May 2018 provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council 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/EC (GDPR) on the protection of personal data, the purpose and manner of using the Website according to its purpose for the use of a given Service, including the lawful processing by the User of personal data of third parties and for the authorized manner in which the User transfers commercial content by electronic means, while complying with the applicable law.
- In the case of uploading by of the User to the Site, personal details of third parties without conclusion of the contract referred to in § 29, passage 2, or against the provisions thereof, full responsibility for their posting on the Site shall be borne by the User.
- § 27
- The user may submit a complaint, should the Service not be executed or rendered not in line with the provisions of the Regulations.
- Any and all complaints concerning the use of the Site should be reported via email to the following address: firstname.lastname@example.org.
Should the data or information provided in the complaint require supplementation, the Service Provider shall, prior to processing the claim, apply to the submitting party to supplement it within the indicated scope.
- Complaint processing shall take place within 3 working days from the date of the Service Provider receiving the e-mail with the complaint.
- Answer to the complaint shall be sent solely to the e-mail address assigned to the Account of a given User.
- § 33
The Regulations shall be valid from the date of their publishing on the Site.
The Service Provider reserves the right to introduce changes in the Regulations without giving reasons. Any and all changes shall become valid at the time of their publishing on the Site.
The Name and Logo of the Site, its appearance, content, software, and database resources shall be subject to, and remain the property of the Service Provider, and are subject to legal protection.
- § 36