Website Rules and Regulations
- These Rules and Regulations lay down the principles of the electronic provision of services via the website operating at the following address www.walterherz.com.
- The services referred to in section 1 consist in rendering information available to registered and unregistered users of the www.walterherz.com. website. Unregistered users have limited access to services.
- Rules and Regulations: mean these Rules and Regulations pertaining to the website use;
- Act on the Electronic Provision of Services: means the Act on the Electronic Provision of Services of 18 July 2002;
- GDPR: means Regulation 2016/679 of the European Parliament and of the Council (EU) 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;
- Civil Code: means the Civil Code Act of 23 April 1994;
- Website: means the home page and the sub-pages which form an on-line system within the meaning of the Act on the Electronic Provision of Services, made available via the Internet, at the following address www.walterherz.com.
- Administrator: owner of the Website, i.e. company operating under the business name Walter Herz spółka z ograniczoną odpowiedzialnością sp.k. with its registered office in Warsaw (00-838) at ul. Prosta 32, entered in the register of entrepreneurs of the National Court Register under entry No. KRS 0000435904, State Statistical No. (REGON) 146346389, VAT Reg. No. (NIP) 5272684601, with records kept by the District Court for the Capital City of Warsaw in Warsaw, 12th Economic Division of the National Court Register, e-mail address: email@example.com.
- User: person registered on the Website who uses the Website resources, who is not a consumer within the meaning of Art. 22 of the Civil Code, interested in acquiring information for purposes related to the conduct of business or professional activity. The User shall not be an entrepreneur (as well as any employee or partner of the entrepreneur), conducting business activity competitive with respect to the Administrator’s activity, i.e. agency or consulting services pertaining to real estate trading, management of real estate or provision of consulting services in this respect.
- The Agreement on the Free Electronic Provision of Services: means the agreement on the provision of information pertaining to the commercial real estate market, concluded electronically by the Administrator with the Users, with respect to which the provisions of the Act on the Free Electronic Provision of Services are applicable;
- Account: personalised profile of the User maintained by the Administrator as part of the Website, provided with own name (login) and access password determined by the User. The User’s personal data and information about the User’s activities on the Website are stored in the Account.
- Login: the name that the User chose to register on the Website, which the User uses to gain access to the Account. The login cannot be identical to another User's login.
- Cookies: small text files sent by the web server and saved on the hard drive in the User’s computer to store information and data pertaining to the use of the Website by the User.
- PREF: the Polish Real Estate Federation.
- Google: Google Inc.
- SSL Protocol: encrypts the transmission of data from the computer to the Website server, as opposed to the standard transmission, where the transmission takes place via the so-called “cleartext”; SSL Protocol ensures protection of websites and confidentiality of data exchanged electronically.
Type and Scope of Provided Services
- Services provided via the Website consist in free publication of information pertaining to the commercial real estate.
- Information referred to above pertains to services offered by the Administrator as part of its business activities, consisting in agency in sale and rental of commercial real estate. Agency services in real estate trading are provided in line with the standards determined in the Code of Professional Ethics of Real Estate Agents and Real Estate Managers of the Polish Real Estate Federation (PREF) by specialists holding a PREF agent licence, entered under a relevant number in the Central Record of Real Estate Agents maintained by the Polish Real Estate Federation. The Record and the Code of Professional Ethics of Real Estate Agents and Real Estate Managers of the PREF are available on the PREF website at the following address: www.rejestr.pfrn.pl.
- The User may, via advanced search criteria, browse and sort information posted on the Website.
- The User may file a direct inquiry pertaining to the information posted on the Website.
- The information posted on the Website does not constitute an offer within the meaning of Art. 66 of the Polish Civil Code.
- Application of Art. 66¹ § 1-3 of the Polish Civil Code is hereby excluded.
Terms of Website Use
- Use of the Website is free of charge.
- Unlimited use of the Website resources and functions requires prior registration.
- Only persons holding active e-mail accounts used for purposes related to the conduct of business activities and not registered on a free Internet domain may register on the Website.
- Registration consists in completing and sending a form. The following boxes are completed in the form: first name and surname, company name, e-mail address and, optionally, telephone number. After completing and sending the form, the User receives an activation link sent to the e-mail address provided on the form.
- By completing the Website registration procedure, the User concludes an Agreement on the Free Electronic Provision of Services and declares that the User read and accepted the content of these Rules and Regulations and undertakes to adhere to them.
- Each use of the Website resources requires logging in by providing the correct Login and access password assigned to it. The User shall not make his/ her Login and password available to third parties. The User shall protect his/ her Login and password from disclosure to third parties.
- The User shall provide true and reliable information, both during the registration process and at any time when using the Website. If all or certain data provided by the User have been shown to be incorrect, this may result in suspension or deletion of the User’s account by the Administrator.
- The Administrator reserves the right to block or to permanently delete a User’s account in case it was ascertained that the User violated the provisions of these Rules and Regulations or commonly applicable legal provisions.
- Deletion of the Account by the Administrator is tantamount to termination of the Agreement on the Free Electronic Provision of Services.
- The User may browse any page of the Website and save, download, process, print and record the information published on the Website in another manner. The information procured, processed and saved in this manner by the User shall be used exclusively by the User, in relation to the conduct of professional or business activity.
- The Administrator may, after procuring the User’s prior consent, send commercial information to the e-mail address provided by the User. The consent for sending commercial information may be withdrawn at any time. Not granting the consent for sending commercial information does not prevent the possibility of registering on the Website.
- The Administrator assumes that the information and declarations sent from the e-mail address provided by the User derive from the User and that activities performed by the person who logged on the Website via the Login and the password assigned to it were made by the User.
- The User's use of the Website resources does not entail acquisition of any rights by the User, including, in particular, any licence, with the reservation of section 10, to materials contained on the Website.
- Use of the Website is related to a risk typical for the use of the Internet, i.e. damaging, deleting, uploading or infecting data on the Users’ computers.
- The User may de-register from the Website at any moment. The Agreement on the Free Electronic Provision of Services is terminated at the moment of de-registering. After de-registering, the User’s Account is deleted.
- Google may also transfer the information referred to in Section 16 if it is liable for such transmission on the basis of legal provisions or if third parties process such information on behalf of Google. Google shall not connect the User’s IP address with any other data that it holds. By using the Website, the User agrees for the processing of the User’s data by Google in a manner and for purposes defined above.
- For the purpose of correct and full use of the Website, the User shall have a device with Internet access with a minimum speed of 1 MB/ s.
- The Website operates correctly on the majority of browsers currently available on the market. It was tested with respect to the correct operation on Mozilla Firefox, Opera, Google Chrome and Microsoft Internet Explorer. Older browser versions may result in errors in displaying the Website, thus the Users are recommended to use up-to-date versions.
- Use of the Website may depend on the installation of software such as Java, Java Script or Adobe Flash Player.
- Use of the Website is also possible with other software or Internet browsers than specified above, yet due to technological reasons, there may be errors in display of the Website.
- The Website is based on cookies technology. The User may resign from cookies, choosing relevant browser settings; however, it is necessary to remember that in such a case, use of all functions of the Website may be impossible. Rejection of cookies by an Internet browser used by the User shall not prevent the possibility of logging on the Website, yet it may cause difficulties or irregularities in its operation, thus it is recommended to use software with the option of cookie servicing turned on.
- The Administrator verifies data posted on the Website with commonly accepted diligence and checks reliability and correctness of such data with the use of available and reasonable means. The Administrator shall not be liable for reliability and correctness of data contained on the Website.
- The Administrator shall not be liable for any activities and decisions made by the User in relation to the use of Website resources and use of information published on the Website.
- The Administrator shall not be liable for:
- damages caused by incorrect use of the Website;
- problems with operation of the Website, including breaks in access to the Website resources;
- use of the Website in a manner inconsistent with the law or these Rules and Regulations;
- loss of data caused by a technical failure or another event not attributable to the Administrator.
- The Administrator shall not make the login or password available to third parties, unless this is required under legal provisions. The Administrator shall not be liable for the effects of access gained to the Account without the Administrator’s participation.
Personal Data Protection
- The data controller of the Users’ personal data is the Administrator.
- Provision of any personal data to the Administrator is always voluntary; however, within a scope determined in these Rules and Regulations, it is necessary for the provision of services by the Administrator, including setting up the Account and use of the Website resources.
- Personal data are collected and processed by the Administrator with the aim of providing access service to the Website. Upon the User’s consent, the User’s personal data may be processed for the purpose of sending commercial information, whereas lack of consent for sending commercial information shall cause no difficulties in use of the Website. The Administrator may process the personal data also for the purpose of own marketing.
- The Users’ personal data are processed pursuant to Art. 6.1.a) of the GDPR (voluntary consent for the processing of data), pursuant to Art. 6.1.b) of the GDPR (processing necessary for the performance of the Agreement on the Free Electronic Provision of Services concluded with the User) or pursuant to Art. 6.1.f) of the GDRP (processing necessary for the purposes of the legitimate interests pursued by the Administrator or by a third party, i.e. own marketing).
- Recipients of personal data shall be entities to which the Administrator is required to provide data based on applicable legal provisions and entities cooperating with the Administrator (subcontractors) for the purpose of such cooperation.
- Personal data shall be stored for a period in which the User is interested in the Administrator’s offer and in case of conclusion of agreements with the Administrator - for the entire period in which the agreement is exercised, as well as later, i.e. until the lapse of the date on which any potential claims resulting from the Agreement expire.
- The Users shall have a right to access their data, right to rectify data, delete, restrict the processing of data, right to withdraw the consent (if the consent forms the legal basis of the processing, yet without affecting the legitimacy of processing that was done on the basis of the consent before its withdrawal), right to transfer data.
- The User shall have a right to file a complaint to a supervisory authority (President of the Office for Personal Data Protection) if, in the User’s opinion, processing of the User’s data breaches the provisions of the GDPR.
- The Users’ data shall be not be subject to automated processing and profiling.
- The Administrator shall exercise due diligence to protect the interests of Users to whom the data refer, and in particular to prevent third parties from gaining access to information pertaining to the Users.
- Transmission of data provided by the User via the Website is secured via the SSL Protocol.
Termination of Agreement
- The Agreement on the Free Electronic Provision of Services is terminated in cases specified in § 4.9 and 15 of these Rules and Regulations.
- The Agreement on the Free Electronic Provision of Services is concluded for an unlimited period of time and may be terminated by the Administrator at any moment observing a one-month notice period, effective at the end of a calendar month.
- Termination takes place by sending a notice of termination of the Agreement on the Free Electronic Provision of Services to the e-mail address, specifying in detail the User to whom the termination refers.
- After termination of the Agreement on the Free Electronic Provision of Services, the Administrator shall delete all of the User's data.
- These Rules and Regulations become effective as of the date of publication on the Website. The User may become acquainted with the Rules and Regulations, as well as procure, reproduce and save the content of these Rules and Regulations via the online system. At the User’s request, the Administrator shall send these Rules and Regulations to the e-mail address specified by the User.
- The User shall be bound by the provisions of the Rules and Regulations which were made available to the User in a mode referred to in section 1.
- The Administrator shall have a right to change these Rules and Regulations at any time by publishing the amended version on the Website.
- Changes in these Rules and Regulations become effective at the moment of their publication on the Website, unless the Data Controller specifies a later date on which they become effective.
- In case of changes in these Rules and Regulations, every User has to accept the amended version upon logging in and before starting to use the Website. Lack of acceptance for the new Rules and Regulations prevents further use of the Website.
- Any complaints pertaining to the operation of the Website and difficulties with respect to the use of resources are to be notified at the e-mail address of the Administrator: firstname.lastname@example.org.
- Complaints shall be processed within 14 (fourteen) days from the moment of their lodging (as far as possible).