Regulations.

Regulations

Art. 1 Preliminary provisions

  1. The Regulations define the rules for the provision by ESTATES POLAND for Users of services consisting in the possibility of placing ads regarding the real estate market on the Website www.estatespoland.com
  2. Entrepreneurs operating in the real estate industry may use the Website Estates Poland also on separate terms specified in separate documents.
  3. A condition for obtaining access to the Website’s functionality Estates Poland is to use a device that communicates with the Internet and is equipped with a commonly used internet browser.

Art. 2 Definitions

  1. Operator – ESTATES POLAND with which the User can contact via the form available on the website https://estatespoland.com/en/contact/
  2. Service – Estates Poland or the Website – an online classifieds service under the name Estates Poland, run by the Operator in Polish and English, allowing the listing and viewing of Real Estate Ads, available in the Internet domain www.estatespoland.com
  3. Announcement – an advertisement prepared by the User regarding the sale or purchase or rental or rental of real estate located in the Republic of Poland or its part (invitation to enter into a sales or rental agreement) posted on the Website, on the terms provided for in the Regulations;
  4. User – a natural person who is over 18 years of age and has full legal
    capacity, a legal person or an organizational unit without legal personality but who may acquire rights and incur liabilities in its own name, which in the manner provided for in the Regulations created an Account;
  5. Account – assigned to a given User, identified by means of an e-mail address, a part of the Website by means of which the User may perform specific actions within the Website (administrative panel);
  6. Regulations – these regulations;
  7. Price list – setting of fees set by the Operator for services provided within the Website Estates Poland contained in Annex 1 to the Regulations and constituting its integral part;

Art. 3. General conditions of using the Website

  1. The advertisement comes from the User who determines its content. The content of the Advertisement, including the photograph attached to it, should clearly refer to its subject and describe it in an accurate, reliable, complete and non-misleading way, in particular regarding the legal and technical status, parameters related to the price and location of the item . Placement of the Announcement should reflect the actual intention of making the transaction the Advert is referring to.
  2. Announcements are available for all Internet users. Along with the Advert on the Website, there is a contact form which (without revealing the e-mail address of the advertiser) allows each Internet user to send a message to the e-mail address assigned to the Account. The website fixes these messages as part of the User Account.
  3. One Advertisement may refer to only one real estate. The same property at the same time may be the subject of only one Advertisement placed by a given User.
  4. It is unacceptable within the framework of the Advertisement to put on the pictures representing the property any content, markings and other information, in particular telephone numbers and website addresses, at the same time the Operator may put on the pictures representing the property a watermark including the name of the Website Estates Poland, to secure the subject of the photograph against unauthorized use by third parties.
  5. Advertisements that will not be included in the list of the results of the real estate will be displayed in the list of results of the search engine in the following order, under the Adverts that will contain photos, regardless of the choice of sorting the search results.
  6. It is unacceptable within the framework of the Announcement to place by the Users in the title or description of Advertise the website addresses and to include a contact telephone number in the title.
  7. The advertisement may be issued for a period resulting from the offer included in the Price List.
  8. The User is responsible for the published content (including photos) and guarantees that they are consistent with the facts and the law, and their publication does not violate the rights of the Operator, the Regulations and the rights of third parties, including copyrights.
  9. The operator undertakes efforts to publish the Announcements in parallel also in other media, and to this end, establishes cooperation with partners, in particular press publishers, operators of other websites, broadcasters of television broadcasts.
  10. The User, agreeing to the Publication of the Announcement on the Website, simultaneously consents to its simultaneous publication (after the Announcement), including the publication of Advertisements (including photos contained in the Announcement) on the websites and in the Operator’s advertising materials and with its partners referred to on the Website. If the part of the Announcement is published, the User’s contact details will not be disclosed, however, it may be advisable to read the entire Ad. Publication of Announcements with partners is not subject to an additional fee and is aimed at acquiring as many potential recipients of the Announcement as possible.
  11. The Operator protects Users’ data in accordance with the privacy policy set out in Annex 2 to the Regulations constituting its integral part.
  12. All materials, including graphic elements, layout and composition of these elements (so-called layout), trademarks and other information available on the Website’s websites Estates Poland constitute the subject of exclusive rights of ESTATES POLAND. The indicated elements are subject to proprietary copyrights, industrial property rights, including trademark rights and database rights, and as such they enjoy statutory legal protection.
  13. Downloading or using in any range available within the Website Estates Poland materials, in particular referred to in point 3.13, each time requires the consent of ESTATES POLAND and may not violate the provisions of the Regulations and the generally applicable law, as well as may not violate the interests of ESTATES POLAND. It is forbidden to aggregate and process data and other information available on the
    Website Estates Poland in order to further making available to third parties as part of other websites and outside the Internet. It is also forbidden to use the Website designations Estates Poland, including the characteristic elements of graphics, as part of their own service websites.

Art. 4. Opening an Account

  1. Placing an Announcement requires the creation of an Account, which occurs in parallel with the publication of the Announcement for the first time, after selecting the “Approve” option, which is displayed on the Announcement preview page.
  2. The e-mail address provided in the form will be immediately sent a return message to activate the Announcement and contain other required legal information.
  3. Creating an Account is tantamount to concluding an agreement between the User and the Operator regarding the provision of services under the conditions provided for in the Regulations.
  4. In the case of legal persons and organizational units, create an Account on their behalf and carry out any further activities on the Website may only a person who is authorized to act in this respect on behalf of these entities.
  5. Access to the Account is obtained by the User after logging in (ie entering the e-mail address and password). All activities related to posting and editing Advertisements, as well as choosing the method of issue of Adverts, may only be made by the logged User.
  6. By creating an Account, the User agrees to receive system messages and information about the Website’s services to the e-mail address provided.
  7. By creating an Account, the User may agree to receive other commercial and marketing information to the e-mail address provided. After logging in, the User may withdraw the consent at any time, as well as decide to subscribe to the newsletter, or express and subsequently withdraw the consent to send other messages – in accordance with the current offer of the Operator.
  8. Provision of services by the Operator within the Account on the Website is perpetual, however, the User can delete the Account at any time and thus terminate the contract with the Operator by sending his statement in this regard via the contact form available on the https://estatespoland.com/en/contact/
  9. The user who is a consumer may within 14 days from the conclusion indicated in point point. 4.3. cancel the contract without giving a reason. The withdrawal from the contract, including the model withdrawal form, which the User may use, are specified in the instruction attached as Appendix 3 to the Regulations. Withdrawal in this mode is not possible if before the expiration of this term the User activated the issue of the Announcement, ie the provision of the service by the Operator was commenced.

Art. 5. Placing and editing Adverts

  1. Placing an Announcement on the Website Estates Poland requires:
    • fill out the form available on the Website Estates Poland, including placing the content of the Announcement (ie filling in at least the fields marked as mandatory) and then
    • activation of the Announcement referred to in point 6.
  2. Prices given in Adverts should be expressed in gross amounts.
  3. The publication of the Announcement on the Website starts no later than within 1 hour of activation.
  4. By means of the form referred to above, the User may attach to the Advertisement pictures of real estate (in the number and format specified on the Website), link to the website with the uploaded movie presenting the property, and select additional promotion services and advertising materials production, referred to in point 7.
  5. During the Announcement period, the User may modify the content of the Announcement (except for the type of advertisement and its categories on the Website), delete the Advertisement and select the promotion services of the Announcement or the option to extend the Announcement announcement time.
  6. Each promotion service is launched no later than one hour after its activation in the manner indicated in point. 6.3. If the promotion service is selected in parallel with the specification of the content of the Announcement (point 5.1. A) or the option to extend the broadcasting time (point 5.5.), The activation of the service includes activation of the Announcement or extension of the broadcasting time, respectively.
  7. Extending the time of issue requires activation performed in the manner indicated in point 6.3 and occurs not later than within 1 hour of activation.

Art. 6. Activation

  1. Services provided on the Website are payable and require activation.
  2. The amount of fees for the Services is set out in the Price List attached to the Regulations, and the Operator may, as part of promotional campaigns, offer Services during such actions at a more attractive price, which does not constitute a change to the Regulations.
  3. Activation can be done by:
    • Making a payment (in full due amount) in the chosen way, i.e. by online transfer ie electronic payment method supported by PayU S.A. with registered office in Poznań, a national payment institution, based in Poznań, at ul. Grunwaldzka 182, entered in the Register of Entrepreneurs kept by the District Court Poznań – Nowe Miasto and Wilda in Poznań, 8th Commercial Department of the National Court Register under the number KRS 0000274399 or by a card, or
    • Making a payment by a traditional transfer directly at a bank branch or post office,
    • Sending an SMS message with a specific content to the contact number indicated in the form, with the Operator stating that activation by sending an SMS message may not be available for receipts exceeding specified amounts, of which the User will be informed each time.
  4. Activation follows:
    • In the case of an online transfer, ie an electronic payment method operated by PayU S.A. with registered office in Poznań, – upon the payment being posted;
    • in case of making a payment by a traditional transfer directly at a bank branch or post office – upon the payment being credited;
    • in the case of sending an SMS – upon receiving information from the SMS payment operator about receiving the payment.

Art. 7. Promotion of Announcements

  1. The advertisement may be promoted using the following additional paid services:
    • TOP – the beginning of the list of ads,
    • Confront the offer,
    • Home.
  2. Each of the Promotion services is made available for the period resulting from the offer included in the Price List. Activation of a given promotion service during the Announcement is possible, as long as the promotion period falls within the Announcement issuance period (which may mean the necessity of earlier or parallel extension of the broadcasting time).
  3. Activation of a given promotion service is possible only if one or more photos are attached to the Advert, with the photo attached first being selected for the promotion.
  4. TOP – the beginning of the list of ads – displaying the Advert on a rotating basis in the so-called Promotion section promoted.
  5. Confront the offer on the list – placing the Announcement at the beginning of the default list of search engine results among non-promoted ads. Placing the Announcement in the first place of the default search results list depends on the date of placing the Advertisement on the Website Estates Poland And the date of the purchase of the service. Conquer the offer on the list. Subsequent date and time of purchase of the service. Conquer the offer on the list, decides to place the Announcement in a higher position among the search results.
  6. Homepage – The advertisement is placed in the pool, from which every several minutes, several Advertisements are automatically drawn by the IT system, the photo of which together with a brief description is presented for several minutes rotationally and successively in the promotional box in the right column on the main page of the Website, the prizes and advertisements, which were drawn the least time in the period of their promotion, prevail in the lottery.

Art. 8. Principles of liability

  1. The Operator allows Users to place Adverts on the Website Estates Poland, without interfering with the form and content of these Adverts, subject to provisions 8.5 and 8.6.
  2. The Operator is not responsible for improper performance or non-performance by the Parties of contracts related to the Advert.
  3. The Operator is not responsible for the quality or legality of the offered real estate, the accuracy and reliability of information provided by Users, as well as the ability of sellers and buyers to carry out the transaction.
  4. For the violation of the Regulations can be recognized, among others issuing an Announcement containing a proposal to buy (instead of selling), a significant understatement of the value of the object of sale or the amount of rent, manipulation of keywords on offer, issuing Announcements in the wrong category. The above-mentioned activities will result in the Operator taking appropriate actions, without excluding the removal of the Ad or the blocking of the Account.
  5. The operator, in order to increase the effectiveness of the Announcement, has the right to edit and supplement the parameters of the Announcement.
  6. The operator has the right to edit or delete the Advertisement, including the photo attached to it, if it violates in any way the provisions of the Regulations or the law, in particular when it contains the content:
    • widely recognized as offensive,
    • bearing the traits of unfair competition,
    • violating good practices, copyrights or other intellectual property rights,
    • harming the good name or reputation of the Operator or its partners,
    • misleading.
  7. The operator is not responsible for:
    • no interest in the subject of the Announcement,
    • fulfillment of Users’ obligations resulting from guarantees and guarantees regarding the subject of the Announcement,
    • operation of force above, IT systems or devices from the Independent Operator,
    • statements made by the User to the other party to the transaction.

Art. 9. Complaint procedure

  1. The User may submit complaints regarding non-performance or improper performance of the service by the Operator, within 30 days from the day of ending the Announcement issue or the day on which the issue should be ended.
  2. Complaints may be submitted via the contact form available at
    https://estatespoland.com/en/contact/ or in the form of a registered letter sent to: ESTATES POLAND the address of the office:Street: Gen. Ludomiła Rayskiego 3/84, 01-307 Warsaw. with the note “Complaint Estates Poland”.
  3. The complaint should contain at least: first and last name, e-mail address of the User assigned to the Account, the number of the Advert to which the complaint relates, or other data allowing identification of the Announcement, the period of issue, circumstances justifying the complaint, and the User’s specific request related to the complaint.
  4. If the data or information provided in the complaint need to be supplemented, the Operator, before examining the complaint, will ask the User to supplement it in the indicated scope.
  5. The Operator recognizes the complaint within 14 days from the date of receipt of a correctly filed complaint. The User will receive information on the method of handling the complaint via electronic correspondence to the email address assigned to the Account.
  6. If the complaint is considered in a way that justifies in whole or in part the refund of the service fee, the amount will be refunded to the bank account indicated by the User. If the Operator has issued a VAT invoice to the User at his request, the reimbursement will be made after the Operator receives the confirmation of the receipt of the correcting invoice by the User.

Art. 10. Final provisions

  1. The Regulations are available on the Website Estates Poland and also sent by e-mail to the User’s e-mail address in cases required by the relevant legal provisions.
  2. The Operator shall inform about the change in the Regulations by publishing information on the Website Estates Poland The changes become effective on the date indicated by the Operator, not shorter however than 7 days from the publication of the information. Services activated prior to the entry into force of the changes will be performed on the current conditions, further activations are possible on current conditions.
  3. Unless mandatory legal provisions provide otherwise, the law applicable to the entire contract between the User and the Operator, the subject of which is the provision of services by the Operator under the conditions specified in the Regulations, is the Polish law.
  4. All disputes related to the services provided by the Operator on the Website Estates Poland will be resolved by the competent Polish common courts.
  5. Advertisers who are consumers have the opportunity to use the out-of-court method of dealing with complaints and pursuing claims before the Permanent Consumer Arbitration Court at the Provincial Inspector of Trade Inspection in Warsaw. Information on how to access the abovementioned mode and procedures for resolving disputes, can be found at the following address: www.uokik.gov.pl, in the tab “Settlement of consumer disputes”

Annex No. 1 to the Regulations of the Website Estates Poland

PRICE LIST

Annex 2 to the Regulations of the Website Estates Poland

PRIVACY POLICY

  1. THE SCOPE OF CONDITION AND CONSENT TO ARRANGEMENTS
    • TThe administrator of personal data of Users who are natural persons within the meaning of the Act of 29 August 1997 on the Protection of Personal Data (Journal of Laws of 2002, No. 101, item 926, as amended) is ESTATES POLAND the address of the office:Street: Gen. Ludomiła Rayskiego 3/84, 01-307 Warsaw. (hereinafter referred to as the “Operator”).
    • Users’ data set has been entered in the register of data sets processed by the Operator and is kept by the Information Security Administrator appointed by the Operator. This register is available for inspection at the Operator’s office.
    • The purpose of the Privacy Policy is to define the actions taken by the Operator in terms of personal data collected via the website Estates Poland and the mobile application and related services and tools used by Users to perform activities such as such as registering on the Website, posting or viewing Advertisements and performing a number of other activities related to the above. All activities in question are subject to the relevant legal provisions that apply to data protection. This Privacy Policy is subject to the provisions of Polish law, in accordance with the Act of 29 August 1997 on the Protection of Personal Data (Journal of Laws of 2002, No. 101, item 926, as amended)
    • The User who uses the Website, downloads a mobile application or uses related services and tools, confirms that he / she is familiar with the provisions of this Privacy Policy and the Regulations of the Website Estates Poland and understand their content, and agrees to using his personal data in accordance with the Website Regulations and this Privacy Policy.
    • The User acknowledges that by clicking on the links posted on the Website Estates Poland or a mobile application, may be redirected to external services of other companies that are outside the administered Website environment in which the data collection process takes place outside the Operator’s direct control. The privacy protection policy applicable in the services or applications of external entities is applicable to the data obtained by these entities in the cases specified below.
  2. COLLECTION AND STORAGE OF DATA
    • Account data and profile data: Users who create an Account on the Website may be required to provide specific information, such as e-mail address and password. Users have the option of creating a profile that will contain data such as location, name, telephone number, and related information, including photos attached by the User. In cases of interest in the User’s offer, the profiles created enable contact between Users. Users provide information on their public profiles at their own risk. The user should carefully consider the risk of making personal data public, in particular the address or the exact location. In case of logging in to the Website via an external authentication service, eg Facebook Connect, the Operator within the Website acquires data only in the form of the User’s e-mail address.
    • Announcements and transactions: The Operator within the Website Estates Poland may store information, e.g. personal and contact details necessary to enable the buyer and the seller to enter into transactions, send messages, communicate with other Users and make payments for services provided by the Operator as part of the Website. All data necessary to place Adverts will also be required to create an Account. Information placed in Adverts is made available at the User’s own risk. The User should carefully consider the risk of publishing personal data in the Advertisement, in particular the address and exact location.
    • Games, advertising and promotions: The Operator on the Website may collect personal data of the User, e.g. name and contact details, if he participates in games, quizzes or marketing promotions offered directly on the Website or external sites sponsored by him. The Operator within the Website Estates Poland also has the ability to process data regarding the effectiveness of advertising campaigns, including the ads viewed and clicked, both directly on the Website and on external websites.
    • User Service: The Operator within the Website may collect personal data of Users contacting the User service department, which are necessary to complete the User’s request and contact him if necessary. The contact will also be possible through the use of data placed for this purpose on the User’s Account. The Operator is entitled to collect other data regarding communication with Users, e.g. information about requests for support or feedback from the Users.
    • Data collected by the website and mobile devices: The operator is entitled to automatically acquire and record data transmitted to the server by web browsers or Users devices, e.g. IP address, software and hardware parameters, pages viewed, mobile device identification number, information on the use of applications and other data on devices and the use of systems. The collection of the above information will take place when using the website or the mobile application of the Website or the services of external entities.
    • Completing the data obtained: The Operator is entitled to supplement his information about Users with data obtained in accordance with the law from business partners and external entities.
  3. IP ADDRESS, COOKIES AND IDENTIFICATION NUMBERS OF MOBILE DEVICES:
    • The operator is entitled to collect data on the Website via technologies such as cookies, tracking pixels and objects made available locally (eg in a browser or on a device). Cookies (“cookies”) are small text files that store data locally on a computer, mobile phone or other device of the User. Pixels are small images that are part of the website code that allow another server, including measurement of page viewership, and are often used with cookies. The page code tracks if and when (and on which page) the pixel has been loaded, providing information that the user has viewed part or all of the page.
    • By means of cookies, the website server has the ability to save information, e.g. about preferences and settings of a computer, mobile phone or other User device, which are played during the next visit. In other words, cookies are used, among other things, to ensure friendly use of the Website so that, for example, you can use the Website without having to log in again. The operator collects on the Website both “permanent” and “session” cookies. “Permanent” cookies are stored on the User’s computer for a long time, while “session” cookies are automatically deleted when the browser window is closed.
    • The operator may enable third parties, such as advertising suppliers or analytics solutions, to collect information using the above technologies directly on the websites or in the mobile application of the Website. Data collected in this way are subject to the provisions of privacy policies adopted by these entities.
  4. USE OF COLLECTED DATA
    • The Operator is entitled to use the collected and stored data on the Website for the following purposes:
      • (i) providing User service, including establishing and managing User accounts, solving technical problems and providing functions;
      • (ii) adjusting the offer and experience of the User, including advertisements, in the properties of the Website or the properties of third party services;
      • (iii) monitoring the activity of all and specific Users, e.g. search keywords, posted Announcements and traffic management on the Website;
      • (iv) contacting Users, including for purposes related to the provision of services, User service, permitted marketing activities, through available communication channels, in particular e-mail and telephone;
      • (v) carrying out research and analysis to improve the operation of available services; and
      • (vi) enforcing compliance with the Regulations of the Website, including combating fraud and abuse.
    • The Operator is entitled to store the data collected and tracked on the Website only in the scope of the implementation of the above-specified business objectives.
  5. DATA SHARING
    • The Operator may share the collected data with other websites operated by the Operator’s enterprise.
    • The Operator does not share the collected Users’ personal data with unrelated parties without the consent of the Users concerned, unless the following circumstances exist:
      • The Operator may use the support of external entities to provide the services they provide, in which case, these entities are not authorized to use personal data processed on behalf of the Website independently and their activities are subject to the provisions of this Privacy Policy.
      • The Operator retains the right to share data with public bodies supporting the Website in the fight against fraud and abuse on the Website in conducting proceedings for possible violations of law or in combating other possible violations of the Regulations of the Website in accordance with the requirements of law.
    • As part of the Privacy Policy, the Operator undertakes not to lend or sell Users ‘personal data. In the event of restructuring or sale of the business or part thereof and the transfer of all or a significant part thereof to a new owner, Users’ personal data may be transferred to the buyer to ensure continuation providing services within the Website.
    • The operator may provide anonymised data (ie those that do not identify specific Users) to external service providers, trusted partners or research agencies in order to better recognize the attractiveness of advertising and services to Users, improve the overall quality and effectiveness of services provided by the Website or listed entities or participate in scientific research that brings about a broadly understood social benefit.
  6. METHODS OF CONTROL ON THE USER’S SITE
    • Viewing, editing and deleting data: Users who created an Account or place Announcements on it have the right to view, edit and delete the data they provide. The User ensures that the data provided or published by him on the Website is correct. Advertisements may be modified or deleted by the User in the “My Account” section of the website / mobile application of the Website.
    • Selection of external entities: Some third parties acting on the Website, such as Google Adwards, allow Users to withdraw their consent to collect and use data by them for the purposes of advertisements based on the User’s activity. More information on this topic and the option to make a choice can be found at http://www.youronlinechoices.com or http://www.networkadvertising.org.
    • Cookies: Most of the known desktop and mobile browsers (eg Safari, Firefox, Internet Explorer, Chrome, Opera) provide the option of restricting or blocking the use of “cookies” in the User’s system. It should be noted, however, that disabling cookies in the Internet browser in relation to the first category domains (websites visited) and other domains (other websites not directly visited) may result in limiting the functionality of the websites in some cases.
  7. SECURITY
    • All data collected by the Operator are protected using reasonable technical and organizational measures and security procedures in order to protect them against unauthorized access or unauthorized use. Entities affiliated with the Website, trusted partners and external service providers undertook to manage data in accordance with the security and privacy requirements adopted by the Operator.
  8. CHANGING PROVISIONS
    • The last update of the Privacy Policy took place on 17/04/2017. If necessary, the Operator may change the provisions of this Privacy Policy. In this case, art. 8 sec. 2 of the Regulations of the Website shall apply accordingly.
  9. CONTACT DETAILS
    • Questions regarding the scope of the Privacy Policy should be directed to the address info@estatespoland.com.

Annex No. 3 to the Regulations of the Website Estates Poland

INSTRUCTION ON WITHDRAWAL FROM THE AGREEMENT AND MODEL STATEMENT ON WITHDRAWAL

Within 14 days from the conclusion of the contract (creation of an Account) you can withdraw from it without giving any reason.
To cancel the contract, please inform us about your decision by writing to the e-mail address: info@estatespoland.com You can use the model withdrawal, which you will find below.

Warning!

The right to withdraw from the contract is not due if we have fully performed the service with your explicit consent (when you have activated the Announcement issue).
Below you will find an example of the form of withdrawal from the contract (this form should be filled in and returned only if you wish to withdraw from the contract).

ESTATES POLAND
Street: Gen. Ludomiła Rayskiego 3/84
01-307 Warsaw
info@estatespoland.com
I, …………………………………………………………………………………………………………, hereby inform about my withdrawal from the contract for the provision of services on the Website Estates Poland.The date of conclusion of the contract is …………………………………….