TERMS AND CONDITIONS OF USING HOMPICS SERVICE
Expressions used in this Terms and Conditions shall have the following definitions:
1. Service – service means a web page located at hompics.com which is a platform for web administered by Hompics Sp. z o. o based in Warsaw (Poland) at 02-495 Warszawa, ul. Plac 1905 roku 2/8A, NIP 5223098033, REGON 368041264, registered in the commercial register of the National Court Register, XIII Commercial Division, KRS number 0000690320, which consists of, among others, complex electronically supplied services for Users and Photographers with the content of this page;
2. Administrator – an entity managing and running the service, that is HOMPICS;
3. User - a natural person running a business, a legal person or an organizational unit without legal personality;
4. Photograph – a natural person over the age of 13 (including a natural person running a business), placing, within the framework of the Service, Photographs of its authorship, including for the purpose of further resale of copyrights to these Photographs made by the Administrator for Users;
5. Customer – User / Photographer;
6. Account – available for the specified Customer of the Service, through which the Customer enters and manages data, descriptions and other elements associated with participation in the Service and at this place the activities and operations can be made related to functioning in the Service with the use of tools provided by the Administrator; through the Account, the User may purchase a license to use selected Photographs, and the Photographer may decide whether and to what scope Photographer grants the Administrator the right to further Photographs distribution;
7. Profile – a set of information, data and other elements presenting and describing the Customer, provided voluntarily and independently by the Customer to the Service that are made available and presented on the Customer’s Website in the Service;
8. Photographs - a work, within the meaning of art. 1 point 1 of the Act of February 4, 1994 on Copyright and Neighbouring Rights, which is the work of the Photographer, to which the Photographer has author’s economic rights within the meaning of art. 17 of the Act, which was placed on the Website;
9. E-mail box – electronic mail box characterized by individual Internet address of the person (e-mail address), through which this person can send, receive and store messages and other data within e-mail service.
II. INTRODUCTORY PROVISION
1. The core business of the Service is to grant Users sub-licenses for the use of Photographs posted on the Website by Photographers, including providing Photographers with the possibility to place on the Administrator’s servers Photographs in the above-mentioned purpose, as well as to promote their own creativity (portfolio).
2. To use certain services of the Service it is necessary to have devices that enable one to use the Internet resources, e-mail box and an on-line browser that allows to display WWW pages. It is required to use the latest versions of web browsers enabled for "cookies".
3. Registration in the Service is voluntary and free of charge.
4. Customers database is subject to legal protection and the Administrator of personal data (under the Act of May 10, 2018 on personal data protection) collected in the Base is HOMPICS.
6. Technical Terms of using the Service are important for the proper functioning of the Service, its proper appearance on the web browser used by the User and for the safety of the User’s data stored on Account in the Service. Each Customer has to observe the following conditions and guidelines, and any action taken by the User in a different way (intentional or not) are taken on his/her sole responsibility.
III. SERVICES PROVIDED THROUGH THE SERVICE
1. Through the Service, Photographers have the possibility to present and upload Photographs and to decide whether and to what scope they grant the Administrator the License to use the Photographs with the right to further sub-license them to Users, in accordance with the provisions of these Terms and joint arrangements made under separate agreements between Photographs and the Administrator. The possibility of deciding on the scope of the license granted and allowing further sub-licensing of Photographs with the definition of its scope are carried out when placing the Photograph on the Service from the Account available to the Photographer.
2. Customers have the possibilities to view Service content and to purchase licenses to use the Photographs posted on the Service within the scope set out in these Terms and Conditions and have the possibility to download Photographs from the Service for the use of which they have purchased licenses.
3. Browsing the content of the Service and its individual services may be available to every Internet user who meets the conditions set out in these Terms and Conditions, while the scope of the access can be at any time and to any extent limited by the Administrator without giving reasons. The Customer may limit the scope of access to contained data indicating at the time of registration, what additional information about the User may be shared with other Users.
4. The Administrator, pursuant to joint arrangements with Photographers, made under separate agreements, has the right to decide to exclude the User from the possibility of purchasing a sub-license for individual Photographs.
5. The Administrator has the right without the consent of the Customers to change the location of servers on which Photographs placed by Photographers via the Service are stored.
6. The Photographer shall not be entitled to enter the property, in which there are servers belonging to the Administrator, used by the Administrator for the purpose of running the Service.
7. The scope of access or the extent and means of providing the various services of the Service both existing and created in the future - can be changed at any time (extended or limited) by the Administrator.
IV. PARTICIPATION IN THE SERVICE
1. The Service user may be the entity specified in point I paragraph 3, who, after accepting the provisions of these Terms and Conditions, shall complete the registration procedure on the Service, finished by an effective setting u pan Account or who will receive an Account from the Administrator for exclusive use.
2. The Administrator reserves the right to verify the status of the User specified in point I paragraph 3, in particular by requesting during the registration procedure on the Service the NIP number or another User’s identification number.
3. It is forbidden to share the Account with other people, including other Customers.
4. By completing login procedure, the Customer ensures and declares that she/he has read and accepted these Terms without exceptions.
5. The Administrator reserves the right to restrict access to the Service and all or some of its functionalities by blocking Customer Account who breaks the Terms and Conditions or interrupts Service in another way.
6. Customers are prohibited from displaying or showing Photographs (in whole or in part), as public performances, for which they are not entitled to copyrights, even if it is free of charge (except when such use of Photographs does not constitute violation of copyright or other applicable laws).
1. Users have the option of acquiring a license for the use of Photographs placed on the Service.
2. The Administrator declares that he has Photographers license to sub-license the Photographs posted on the Service for further sale and has the consent of the persons presented in the photographs to disseminate their images (model release) and the consent of the owners of buildings for the distribution of the property release images.
3. The Administrator will grant licenses according to the following models: 1) unlimited in time and territory, for any legally permitted purpose, including commercial, non-exclusive (royalty free) or 2) limited in time or territory, for a specific purpose, non-exclusive (rights managed).
4. Notwithstanding the above provisions, licenses shall be granted in the following fields of exploitation:
a) as regards the fixation and reproduction of Photograpy entering into computer memory saving into computer memory, making copies of Photographs by any technique, entering into computer networks,
b) as regards making it available to the public through the transfer of ownership of the original or copies on which the Photograph was fixed - placing on the market, lending or rental of the original or copies,
c) as regards the dissemination of Photographs in a manner other than the above - public sharing in computer networks, including the Internet, in such a way that everyone can have access to it in a place and time chosen by himself/herself, performing, exhibiting, displaying, playing and broadcasting and rebroadcasting,
d) using Photographs in other collective or derivative works, in any form.
5. The Administrator reserves that the license to use individual Photographs may be granted to Users to a different scope. The above restrictions depend on the Photographers decision.
6. The User selects the scope of purchasing license each time via the Users Account, among options available for the given Photography.
7. The moment of granting the license is making a payment for the ordered Photographs.
8. The User is able to download the Photographs from the Service unlimitedly, for which he has purchased the license, unless the license is limited in time.
VI. PAYMENTS - USERS
1. The User makes payments for licenses for individual Photographs, according to prices set by HomPics.
2. The User makes a payment for the purchased licenses to the Administrators Bank Account No PL 57 1140 2004 0000 3602 7701 8433
3. The User, after purchasing the rights, will receive a confirmation of the transaction, sent by the Administrator to the User’s e-mail box.
1. Complaints about disruptions in the functioning of the Service may be made by Customers by reporting dysfunction to the Administrator via email, by sending a message to: email@example.com
2. Complaints about individual services provided in the Service shall be made in the manner referred to in point 1.
3. Complaints will be settled on regular basis by the Service team, not later than 14 days after filing the complaint, however, the Administrator reserves the right to leave the complaint unanswered if it relates to the dysfunction resulting from ignorance of the Terms and Conditions, non-compliance to instructions given to Users on a regular basis through the Service or directly by the Administrator.
4. Complaints addressed to the Administrator and regarding the services provided by third parties through the Service shall be transferred by the Administrator immediately to the third party responsible for providing services in this area and settling complaints.
5. Administrator reserves the right to interfere in the technical structure of the User’s Account in order to diagnose disruptions in the functioning of the Services and can also make changes and in any other way affect the technical side of the Account in order to modify or restore correct operation of the Account or the Service.
VIII. CHANGE OF TERMS AND CONDITIONS
1. Any provision of these Terms may be changed by the Administrator. Changes shall be made available on regular basis in the form of a consolidated text of the Terms through the Service with information about them made.
2. After the information about changes in the Terms appears on the home page of the Service or other designated areas in the Service, the Customer should immediately become acquainted with the changes, because logging into the Service after such notice constitutes an unconditional acceptance of the new Terms by the User.
3. In case the revised Terms are not accepted the Customer shall refrain from logging into the Service and shall immediately inform the Administrator of any such decision.
IX. FINAL RESOLUTIONS
1. The Administrator is based in Poland. The Service operates under the provisions of universally binding law in Poland.
2. Any information on violations by Customers of these Terms and Conditions should be addressed: firstname.lastname@example.org
3. These Terms and Conditions shall enter into force on the date of their publication in the Service.
1. Where did we get your data from?
We obtained your data directly from you when you created an account on our Website.
2. Who is the controller of your data?
The controller of personal data is Hompics Spółka z ograniczoną odpowiedzialnością, 02-495 Warszawa, ul. Plac 1905 roku 2, lok. 8A, entered into the National Court Register kept by the District Court for the Capital City of Warszawa in Warszawa, XIII Commercial Department of the National Court Register under number 0000690320, tax identification number (NIP) 5223098033, business entity identification number (REGON) 368041264, share capital PLN 5,000.00, e-mail address: email@example.com telephone number: 0048 507 440 200
3. What data do we process?
Hompics Sp. z o.o. processes the following categories of data:
• contact details;
• data required for identification in order to conclude a contract, perform a service and issue an invoice / bill;
• identification details necessary to provide on-line services;
• data needed to choose the right marketing offer and services of Hompics Sp. z o.o. for you (for example, about Hompics Sp. z o.o. services which you used before).
4. What will we use your personal data for?
All personal data are processed primarily for the purpose of contract performance - i.e. your use of our Website and the possibility of downloading content available on our Website. We may process personal data if it is necessary for purposes resulting from our legally justified interests, i.e. for the purposes of marketing of services and own products, or referral of the case to court. We only process data necessary to perform the contract, we never request sensitive data. We also process certain data when law regulations oblige us to do so, e.g. for accounting or tax purposes.
If you agree, and only to the extent you agree to, we can process your data:
a) to provide marketing services and products of third parties,
b) to share your personal details with entrepreneurs with whom Hompics Sp. z o.o. cooperates so that they can use them for marketing purposes,
c) to conduct the following types of market and opinion research: quantitative research (surveys and tests) or qualitative research (personal interviews).
5. Are you obliged to provide personal information?
Providing the data to the extent that their processing is necessary to perform the contract, is a condition for the conclusion of this contract. Providing the data is voluntary, but it is necessary for the conclusion and performance of the contract. In the absence of personal data, the contract will not be concluded. Providing the data necessary to issue an invoice is a statutory obligation and results from the Act on Value Added Tax. In the remaining scope, the provision of personal data is voluntary, and it is not a statutory or contractual requirement and a condition for the conclusion of a contract.
6. Your rights
At any time, you can request that your personal data be removed from our database. You can also withdraw your consents to the processing of your data at any time. If the data processed is incompatible with reality or incomplete, you have the right to request rectification or supplementation. At any time, you can ask us to share all your processed data. At your request, we can transfer them to another data controller. You have the right to object to the processing of your personal data. You may object to the supervisory authority, which is the Chief Inspector of Personal Data Protection.
7. When and to whom can we pass data, and to whom will we not pass them to?
If you give your consent, we will share your personal details with the entrepreneurs we cooperate with so that they can use them for marketing purposes.
We can disclose your data to companies cooperating with us and performing tasks on our behalf and for us. In this case, a contract is concluded with these entities to ensure the security of your data. Due to the fact that these entities change frequently, we are not able to present their complete list, if you want to know who we are currently cooperating with, you can always ask about it.
8. Until when will we store data?
Your personal data will be stored as long as it is necessary to perform the contract between you and Hompics Sp. z o.o., and after that time for the period corresponding to the period of submitting claims by Hompics Sp. z o.o. and period of submitting claims against Hompics Sp. z o.o.
If personal data are processed in order to fulfil the legal obligation of the controller, personal data will be kept for the time necessary to fulfil this obligation.
Data processed on the basis of the consent will be processed until you withdraw your consent.
If the personal data will be processed on the basis of the legitimate interest of the controller, where the basis of this processing is the performance of the contract concluded with Hompics Sp. z o.o. on your behalf, the data will be processed until the legitimate interest that forms the basis of this processing has been fulfilled.
9. How will we not process personal data?
The website does not automatically collect any information, except for information contained in cookies.
Data obtained by us through cookies are not assigned to a specific person.
Data collected automatically can be used:
– to analyse users behaviour on websites or to collect demographic data about our users (using Google Analytics, Facebook Pixel),
– to create statistics that help to understand how Website users use websites, which allows improving their structure and content;
– to maintain the session of the Website User (after logging in), thanks to which the User does not have to re-enter the login and password on each subwebsite;
11. Google Analytics
12. Facebook Pixel
We use Facebook Pixel technology to target advertisements to you on Facebook, which involves the use of Facebook cookies that can be stored on users devices. Users behaviour can be tracked when they are redirected to the advertisers website after clicking on an advertisement on Facebook. This type of monitoring is performed for statistical purposes and market research. It also helps in optimizing next advertising activities.
The stored data is anonymous to us, do not provide us with any information about the identity of users. However, they are collected and processed by Facebook, therefore it is possible to connect them to the appropriate user profile, and Facebook can use this information for its own advertising purposes, in accordance with the rules of using Facebook data. You can change the display settings for Facebook ads and its partner sites.
in connection with new regulations on personal data protection in force in the European Union from 25th May 2018, fulfilling our obligation to provide information about processing your personal data, we send you this message. Below you will find the most important issues related to the processing and protection of your personal data.
How did we get your personal data?
We got your personal data from you. You provide us your personal data while signing up to hompics.com
Who is your personal data controller?
Personal data controller is Hompics Spółka z ograniczoną odpowiedzialnością, based in Warsaw, ul. Plac 1905 roku 2, lok. 8A, registered in the commercial register of the National Court Register, KRS number 0000690320, NIP 5223098033, REGON 368041264, e-mail: firstname.lastname@example.org phone +48 507 440 200
What data do we process?
Hompics Sp. z o.o. processes personal data:
data identifying the user to fulfil a contract, provide services or to issue an invoice;
data identifying the user to provide online services;
data necessary to personalize Hompics marketing offer (i.e. Hompics services you use before).
How do we use your personal data?
All data is processed especially to fulfil a contract – to provide you Hompics.com services and allow you to download content shared in our service. We may process personal data if it is legitimate basis, laid down by our legal interest, i.e. for marketing of our services or when such processing is needed to settle, pursue or defend a claim. We process only necessary data, we never demand sensitive data. We may process some data when we have legal obligation to process personal data, i.e. for tax or accounting purposes.
Where processing is based on the data subjects consent, we may process your data:
to send you marketing offer of third parties products or services,
to share your data with third parties that they can offer you their marketing offer,
in order to conduct the following types of market research and opinions: quantitative research (surveys and tests) or qualitative research (personal interviews).
Are you obliged to provide us your personal data?
Providing data is a condition for the conclusion of this contract. Providing data is voluntary but necessary to conclude and fulfil a contract. Please keep in mind that without us processing certain data, it may be unable to use some of our services. Providing data to issue an invoice is a statutory obligation and results from the VAT tax Act. In other cases personal data providing is voluntary, is not a statutory or contractual requirement and is not a condition for the conclusion of a contract.
What are your rights?
You can demand to remove your personal data - it’s the ‘right to be forgotten’. You can also withdraw your consent for processing of your data. If you notice that the data we process are incorrect or incomplete, you also have the right to demand us to amend them. You are also entitled to gain access to the data concerning you that we process. On your request, we must provide you with information on the data we process. You have the right to file a complaint in relation to us processing your data to the supervisory body, the function that the President of the Office for Personal Data Protection currently serves. (address: Prezes Urzędu Ochrony Danych Osobowych, ul. Stawki 2, 00-193 Warszawa). In certain cases, despite your demand, we will still be allowed to process your personal data. It is mainly the case when such processing is needed to settle, pursue or defend a claim.
When and to whom we can pass your personal data, and to whom we will not pass them on?
If you give your consent, we will share your personal data with the entrepreneurs we work with so that they can use it for marketing purposes. We can disclose your data to companies cooperating with us and performing tasks on our behalf. In this case, an agreement is concluded with these entities to ensure the security of your data. Due to the fact that these entities change frequently, we are not able to present their complete list, if you want to know who we are working with at the moment, you can always ask about it.
How long do we keep your personal data?
Your personal data may be kept as long as it is necessary to fulfil a contract binding you and Hompics and after this time for a period corresponding to the period of limitation of claims.
If personal data is processed in order to fulfil the legal obligation of Hompics, personal data will be kept for the time necessary to fulfil this obligation.
Data we process upon your consent are processed until you withdraw your consent.
How do we not process your personal data?
Sender of this message is Hompics Spółka z ograniczoną odpowiedzialnością, based in Warsaw, ul. Plac 1905 roku 2, lok. 8A, registered in the commercial register of the National Court Register, KRS number 0000690320, NIP 5223098033, REGON 368041264