Newsletter Terms and Conditions

Terms and Conditions — these Terms and Conditions governing the use of Newsletters by Service Recipients;
Service Provider — “TERRAVITA” spółka z ograniczoną odpowiedzialnością, with its registered office in Poznań at ul. Szarych Szeregów 48, 60-462 Poznań, entered in the National Court Register by the District Court Poznań — Nowe Miasto and Wilda in Poznań, 8th Commercial Division of the National Court Register, under KRS number 0000028540, NIP 781-00-09-491, REGON 630013822, BDO registration number: 000019181, with a share capital of PLN 62,589,000.00. Any change to the Service Provider’s company name, registered office, registered office address, court or division, place where documentation is kept, or amount of share capital shall not constitute an amendment to the Terms and Conditions, but shall be notified by means of an announcement on the Website and in the Service and shall become effective on the date on which such change is posted;
Service Recipient — a natural person, legal person, or organisational unit without legal personality upon which legal capacity is conferred by law, using the Newsletters and/or the Service pursuant to the Terms and Conditions. A natural person may be a Service Recipient if that person:
a) has full capacity to perform acts in law; or
b) obtains the consent of their statutory representative or legal guardian where that person has limited capacity to perform acts in law; or
c) is represented by their statutory representative or legal guardian where that person has no capacity to perform acts in law;
Website — an online portal operated by the Service Provider within internet domains to which the Service Provider holds the rights;
Service — the online service operated by the Service Provider at www.terravitapro.pl. A change to the address of the Service shall not constitute an amendment to the Terms and Conditions, but shall be notified by means of an announcement on the Website and in the Service and shall become effective on the date on which such change is posted;
Forms — forms made available on the Websites or in the Service, integrated with the GetResponse system, which enable the Service Recipient to order a Newsletter, provide the data necessary for its delivery, and — to the extent available in a given form — manage consents and unsubscribe from the Newsletter;
Online Tools — software, Forms, and technical functionalities used to operate the Newsletter, including solutions made available by GetResponse, Activation Links, and Deactivation Links used to confirm a subscription and unsubscribe from the Newsletter;
Activation Link — a link to the Service or a Website, received by the Service Recipient in an electronic message sent to the email address provided by the Service Recipient to the Service Provider, enabling the Service Recipient to confirm an order for a given Newsletter by activating that link;
Deactivation Link — a link to the Service or a Website, received by the Service Recipient in an electronic message sent to the email address provided by the Service Recipient to the Service Provider, enabling the Service Recipient to discontinue the use of a given Newsletter by activating that link;
Newsletter — a collection of information sent by the Service Provider, at a specified frequency, to the email address provided to it by the Service Recipient, containing informational, promotional and/or advertising content of the Service Provider and/or other persons and/or concerning goods and/or services offered by the Service Provider and/or other persons, in particular commercial information;
UŚUDE — the Act of 18 July 2002 on Providing Services by Electronic Means;
PKE — the Act of 12 July 2024 — Electronic Communications Law;
GDPR — Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016;
GetResponse — GetResponse S.A., with its registered office in Gdańsk at al. Grunwaldzka 413, 80-309 Gdańsk, KRS 0000942075, acting in relation to the Service Provider as a processor of personal data in connection with the technical operation of the Newsletter, pursuant to a data processing agreement.

§ 2
Preliminary provisions

The Terms and Conditions set out the rules and conditions governing the use of Newsletters by Service Recipients, taking into account the provisions of UŚUDE, PKE, GDPR, and other applicable laws.
The software, interface, functional layout, graphic elements, databases, and content of the Service, as well as the graphic elements and content of the Newsletters, are subject to economic copyrights and/or other intellectual property rights held by the Service Provider and/or third parties and are protected by law.
The Service Recipient is not entitled to use the content of the Newsletters for any purpose other than familiarising themselves with such content.
The use of the Newsletters and the Service is free of charge.
The Service Provider may at any time discontinue the publication of a given Newsletter or change its subject matter and/or frequency of publication.
The Service Recipient may order any number of the Newsletters available in the Service.
Newsletters are sent no more frequently than once a week.

§ 3
Conditions of using the Newsletters; personal data

Ordering and unsubscribing from the Newsletters shall take place using the Online Tools available on the Websites, in the Service, or in electronic messages. Subscription handling, storage of the subscriber list, and technical delivery of the Newsletter are carried out using the GetResponse system.
In order to order a Newsletter, the Service Recipient should:
a) provide at least an email address in the Form, accept the Terms and Conditions, and — if the Newsletter contains commercial information or direct marketing — give separate, voluntary consent to the sending of such content to the specified electronic address in accordance with PKE; the consent box may not be selected by default;
b) submit the Form by clicking the “Subscribe” button;
c) where a double opt-in mechanism is used — click the Activation Link received at the specified email address. Confirmation of the subscription is recorded in the GetResponse system in order to demonstrate that consent was given and the Newsletter was ordered.
Confirmation of an order for the Newsletter shall mean:
a) making a declaration that the data provided in the Form is true;
b) entering into an agreement with the Service Provider for the provision of the Newsletter service under the rules set out in the Terms and Conditions;
c) where the separate consent box is selected — giving consent to the use of the specified electronic address for the purpose of sending commercial information, including direct marketing, in accordance with Article 398 PKE.
The processing of personal data necessary for the provision of the Newsletter service is carried out on the basis of Article 6(1)(b) GDPR and, to the extent that the processing is based on consent, on the basis of Article 6(1)(a) GDPR.
The Service Recipient is required to provide only true data in the Form. The Service Recipient shall be solely responsible for the accuracy of the data entered in the Forms and, in the case of a Service Recipient who has no capacity to perform acts in law, that Service Recipient’s statutory representative or legal guardian shall also be responsible.
The Service Provider reserves the right to verify the data provided by the Service Recipient or by the statutory representative or legal guardian of a Service Recipient who has no capacity to perform acts in law in order to determine whether such data is true. The Service Recipient or the statutory representative or legal guardian of a Service Recipient who has no capacity to perform acts in law is required to enable the Service Provider to conduct such verification, in particular by providing additional explanations at the Service Provider’s request.
The provision of false data shall entitle the Service Provider to cease providing the Service Recipient with the services specified in the Terms and Conditions.
In connection with the Newsletter service, the Service Provider processes, in particular, the email address as well as technical data and information concerning subscription, subscription confirmation, delivery, and unsubscription, to the extent necessary to provide the service, demonstrate that consent was given, and ensure the security and accountability of the processing.
The controller of the personal data of Service Recipients and — where applicable — their statutory representatives or legal guardians is the Service Provider, i.e. “TERRAVITA” sp. z o.o., with its registered office in Poznań. In matters concerning personal data protection, the Data Protection Officer may be contacted at: iod@terravita.pl.
The provision of an email address is voluntary but necessary to order and receive the Newsletter. Refusal to provide an address makes it impossible to provide this service.
The data subject has — in the cases provided for under the GDPR — the right of access to data, rectification, erasure, restriction of processing, data portability, objection, and withdrawal of consent at any time. Withdrawal of consent shall not affect the lawfulness of processing carried out before its withdrawal. The data subject also has the right to lodge a complaint with the President of the Personal Data Protection Office.
Personal data processed in connection with the provision of the Newsletter service is stored until the Service Recipient unsubscribes from the Newsletter, the agreement is terminated or — to the extent based on consent — until that consent is withdrawn. Following the end of the subscription, selected data concerning the subscription and consent may be stored for the period necessary to demonstrate the compliance of the Service Provider’s activities with the law and to establish, pursue, or defend against claims, no longer than the applicable limitation period.
Unsubscribing from the Newsletter or withdrawing consent to the sending of commercial information shall result in the discontinuation of the delivery of the Newsletter to the address covered by the unsubscription or withdrawal of consent. Consent may be withdrawn, in particular, by means of the Deactivation Link included in every Newsletter message.
Where the data of a statutory representative or legal guardian is processed on the basis of consent, such consent may be withdrawn at any time. Where the continued provision of the service is not possible without processing such data, withdrawal of consent may result in the discontinuation of the provision of the Newsletter to the represented Service Recipient.
Consent to receive a Newsletter containing commercial information constitutes consent to the sending by the Service Provider of commercial information, including direct marketing, to the specified electronic address in accordance with Article 398 PKE. Consent is voluntary, may be withdrawn at any time, and should be separate from acceptance of the Terms and Conditions.
For the purpose of the technical operation of the Newsletter, the Service Provider uses GetResponse as a processor within the meaning of Article 28 GDPR. Subscribers’ data is transferred to and stored in the GetResponse system to the extent necessary to maintain the subscriber list, record subscriptions and unsubscriptions, send messages, and operate the system functions used by the Service Provider. GetResponse processes data on the documented instructions of the Service Provider, pursuant to a data processing agreement.
GetResponse may use further processors in accordance with the terms of the data processing agreement. Depending on the configuration of the service and the functions used, data may be processed outside the European Economic Area. In such a case, data is transferred using the mechanisms and safeguards required under the GDPR, in accordance with the current terms of service and the data processing agreement concluded with GetResponse.
Detailed information concerning the processing of personal data, including up-to-date information about data recipients, storage periods, and any transfer of data to third countries, is set out in the Service Provider’s Privacy Policy available in the Service. This information should be made available to the Service Recipient no later than at the time when the data is collected through the Form.

§ 4
Rights and obligations of the Service Recipient

The Service Provider makes every effort to ensure that the Newsletters may be used by Service Recipients who have commonly used web browsers, operating systems, email software, types of computers, and types of internet connections. However, the Service Provider does not guarantee, and shall not be liable for, every combination of these factors enabling the use of the Newsletters. Furthermore, the Service software and the Online Tools may require specific configurations of the Service Recipient’s computer.
Subject to paragraph 1, the minimum technical requirements enabling the Service Recipient to use the Newsletters are:
a) a web browser: Microsoft Edge, Google Chrome, Mozilla Firefox, or Safari in a currently supported version; and
b) an email application (offline or online).
Without the Service Provider’s prior consent, the Service Recipient may not transfer to a third party any rights or obligations connected with the use of the services specified in the Terms and Conditions.
The Service Recipient is required to comply with the law and the provisions of the Terms and Conditions, the principles of social coexistence, and good practice. The statutory representative or legal guardian of a Service Recipient who has no capacity to perform acts in law is required to ensure that the Service Recipient whom they represent complies with and observes the law and the provisions of the Terms and Conditions.
The agreement for the provision of the services specified in the Terms and Conditions is concluded between the Parties for an indefinite period.
The Service Recipient may discontinue the use of the services specified in the Terms and Conditions at any time. A Service Recipient who has no capacity to perform acts in law shall exercise this right through their statutory representative or legal guardian. The services specified in the Terms and Conditions may be discontinued by means of the Deactivation Link received in an electronic message sent to the Service Recipient by the Service Provider, including in every Newsletter.
The Service Provider declares that, as part of the provision of the services described in the Terms and Conditions, the Service Recipient is prohibited from supplying unlawful content. By accepting the Terms and Conditions, the Service Recipient also declares that they will not breach the above prohibition.

§ 5
Scope of liability and rights of the Service Provider

The Service Provider is entitled to interrupt or disrupt the availability and use of the services specified in the Terms and Conditions where this is caused by:
a) the need to repair, expand, modify, or maintain hardware or software;
b) causes beyond the Service Provider’s control (force majeure, acts or omissions of third parties).
The Service Provider shall not be liable:
a) for content of the Newsletters originating from persons other than the Service Provider, in particular the informational, promotional and/or advertising content of such persons;
b) for loss of profits incurred by the Service Recipient in connection with the use of the services specified in the Terms and Conditions;
c) for loss of data caused by a hardware or software failure or by circumstances beyond the Service Provider’s control;
d) for non-performance or improper performance of the services specified in the Terms and Conditions where this is caused by third parties (in particular telecommunications operators, providers of telecommunications connections, and electricity suppliers);
e) for content received and sent by Service Recipients via the internet, including any data and/or information provided in the Forms;
f) for damage caused by acts or omissions of the Service Recipient, in particular the Service Recipient’s use of the services specified in the Terms and Conditions in a manner inconsistent with the applicable law and the provisions of the Terms and Conditions, and for damage resulting from the provision of incomplete or false data.
The Service Provider has the right to terminate the agreement with the Service Recipient for the provision of the services specified in the Terms and Conditions by giving seven days’ notice.
The Service Provider may refuse to provide the services specified in the Terms and Conditions where this is justified by security considerations and in other cases specified in the Terms and Conditions or arising under the applicable law.
The Service Provider reserves the right to:
a) expand and/or modify the software intended for use of the services specified in the Terms and Conditions;
b) change the visual design and/or layout of the websites intended for the provision of the services specified in the Terms and Conditions;
c) expand and/or change the forms and scope of use of the services specified in the Terms and Conditions without prior notice to Service Recipients.
Where the Service Recipient breaches the law and/or the provisions of the Terms and Conditions, the Service Provider shall be entitled to cease providing the services specified in the Terms and Conditions. The Service Provider shall notify the Service Recipient by electronic message of its intention to cease providing the services specified in the Terms and Conditions. At the same time, in the notice, the Service Provider shall call upon the Service Recipient to cease breaching the law and/or the provisions of the Terms and Conditions and/or to provide the Service Provider with appropriate explanations concerning the breach within the specified period, which shall not be shorter than 3 (three) days. If the above period expires without effect and/or the Service Recipient provides implausible explanations and/or fails to provide explanations, the Service Provider may cease providing the services specified in the Terms and Conditions, of which the Service Recipient shall be informed.
The Service Provider is entitled to cease providing the services specified in the Terms and Conditions immediately, without prior notice to the Service Recipient, in particular in the event of:
a) unsubscribing from the Newsletter or withdrawing consent necessary for the continued sending of commercial information;
b) providing false data that prevents the proper provision of the service;
c) other cases specified in the Terms and Conditions or arising under the applicable law.