REGULATIONS FOR THE PROVISION OF DIGITAL CONTENT AND DIGITAL SERVICES (NEWSLETTER REGULATIONS)
Document version 01
Effective date November 27, 2024
The Terms and Conditions you are currently reading apply to the provision of Digital Content in the form of an e-book and/or audiovisual material, and/or access to online training, and/or Digital Service as part of our newsletter. They also specify the rules for cookies in connection with the provision of Content and/or Digital Service.
In order to use the Content or Digital Service, you do not have to provide us with your personal data, you can purchase access to the Content or Digital Service. More details regarding the conclusion of an agreement to provide the Content or Digital Service for a fee can be found in the sales regulations embedded on our website.
Contact:
If you have any questions regarding the content of these Regulations, please contact me at ziolkowski@marketingpartners.pl and my phone number
+48 603 634 743.
Who provides the Digital Content or Digital Service?
The entity providing the Digital Content in the form of an e-book and/or audiovisual material, and/or access to online training, and/or Digital Service and the controller of your personal data is: Marketing Partners Tomasz ZióÅ‚kowski. with its registered office in Wysoka at ul. Kolorowa 24A, 52-200 Wysoka. registered in the Central Register and Information on Business Activity under REGON number 017244217, NIP number 9490104012.
Who do these Regulations apply to?
The Regulations apply to persons who use the Digital Content or Digital Services made available as part of the newsletter; the recipients are both consumers, entrepreneurs with consumer rights, and other entrepreneurs.
CONTENTS
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Definition Explanation
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General terms and conditions for concluding a contract for the provision of Digital Content or Digital Service
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General terms and conditions for the provision of paid Digital Content or Digital Service
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Newsletter service
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Withdrawal of consent to data processing
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Data subject rights
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Contact form
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Cookies and tools implemented on the website
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META (Facebook) Pixel
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Video materials and cookies
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Legal notice
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Complaints procedure
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Your duties
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Change of Regulations
Definition Explanation
Digital content
Means data produced and delivered in digital form.
Digital service
Means a service that allows a consumer to create, process, store or access digital data, or a service that allows the sharing or otherwise interacting with digital data that has been uploaded or created by the consumer or other users of that service.
Price
Means money or a digital representation of value payable in exchange for the provision of Digital Content or a Digital Service.
Statute
This document.
Minimum technical requirements
Refers to the computer hardware, software and network connection used to access or use Digital Content or Digital Services, such as:
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a desktop computer, laptop or other multimedia device with Internet access (tablet, mobile phone),
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access to e-mail,
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active email address,
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a keyboard or other device enabling correct completion of electronic forms,
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access to a current web browser: Mozilla Firefox, Internet Explorer, Opera, Google Chrome, Safari.
General terms and conditions for concluding a contract for the provision of Digital Content or Digital Service
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As part of the newsletter subscription, you can receive material in the form of Digital Content or Digital Service, e.g. access to training, e-book or other digital material valuable to you. However, this is not a rule, sometimes we provide a newsletter subscription without receiving the material, and the main reason for signing up to the newsletter is, as always, substantive content received regularly straight to your mailbox.
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If we offer you material where you sign up for the newsletter, please note that you do not have to sign up for the newsletter to receive access to it, i.e. the Digital Content or Digital Service. To receive the Digital Content or Digital Service provided by us via the newsletter, you can access it immediately by signing up for our newsletter and providing us with your first name, last name and email address, and possibly your Instagram account name, as part of the newsletter, after which we will make the Digital Content or Digital Service available to you at the email address you provided when signing up.
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However, if you do not want to subscribe to the newsletter, you can receive access to the Digital Content or Digital Service without having to subscribe to the newsletter by making a payment. Prices PLN 79.99 gross for receiving access to the Digital Content or Digital Service without having to subscribe to the newsletter.
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Information about the possibility of providing you with material in the form of Digital Content or Digital Service via a newsletter is indicated on the subscription form embedded on our website. In the absence of information about the possibility of providing you with Digital Content or Digital Service via a newsletter, you can sign up for our newsletter and subscribe to it.
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As part of the newsletter, we send educational content, industry reports, information about new blog entries, new video materials and commercial information about our digital products available on the websites for the purpose of direct marketing of our services and products.
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By subscribing to the newsletter, you give us consent to process your data, including your name, surname and e-mail address, for the purpose of sending the newsletter under the terms set out in these Regulations and in the Privacy and Cookies Policy embedded on our website.
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The newsletter subscription is done by filling in and sending the subscription form embedded on our website. The form can also be filled in by filling in the window that appears on our website (so-called pop-up), by signing up on the website dedicated to this purpose (so-called landing page) or by using the subscription form embedded in the content of our website.
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After completing the registration form, it is necessary to confirm your e-mail address (double opt-in mechanism).
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If you do not confirm your email address, we will not provide you with the Digital Content and/or Digital Service as part of the newsletter.
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Confirmation of subscription to the newsletter means conclusion of an agreement for the delivery of Digital Content or conclusion of an agreement for the provision of Digital Services.
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Digital Content is sent by sending an active link to the email address you provided with access to the Digital Content. The digital service is delivered in accordance with the instructions provided in the message sent to you.
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In order to use the Digital Content and/or Digital Service without restrictions, it is necessary to meet the Minimum Technical Requirements specified in these Terms and Conditions. These are technical requirements that must be met to cooperate with the IT system and use the Digital Content or Digital Services provided by me, i.e.:
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computer, laptop or other multimedia device with Internet access;
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access to email;
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active email address;
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a keyboard or other device enabling the correct completion of electronic forms;
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access to a current web browser: Mozilla, Internet Explorer, Opera, Google Chrome, Safari.
13. You may withdraw from the contract for the supply of Digital Content or Digital Service within 14 days of its conclusion.
General terms and conditions for the provision of paid Digital Content or Digital Service
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If for some reason you do not want to share your data and subscribe to our newsletter, you can obtain access to the Digital Content or Digital Service by paying the Price, i.e. PLN 290.00 gross.
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Paid access to Digital Content or Digital Service may be possible via our online store or by sending us a message requesting paid access in the form of an individual order to our e-mail address.
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In such a case, please write to us at the e-mail address indicated at the beginning of these Terms and Conditions to place such an order.
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In the return message you will receive from us electronically the sales regulations in the form of an active link or the sales regulations sent as an attachment to the message.
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Together with the regulations, we will also present you with the information obligations arising from the GDPR and other acts, if applicable to you, together with a VAT invoice.
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Once the payment has been credited to our bank account, we will immediately send you access to the Digital Content or Digital Service in the form of an active link or in another manner about which you will be informed in advance.
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To conclude an agreement, it is necessary to accept the regulations by clicking on the checkbox located on the online store website or by accepting the regulations in the form of an e-mail message.
Newsletter service
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Your data provided in the newsletter subscription form (name, e-mail address) are processed for the purpose of sending the newsletter based on your consent.
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Remember to confirm your newsletter subscription after receiving the first message (double opt-in mechanism).
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The newsletter service provider is MailerLite Limited, Ground Floor, 71 Lower Baggot Street, Dublin 2, D02 P593, Ireland.
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The provider's privacy policy is available at the link https://www.mailerlite.com/legal/privacy-policy and the security statement https://www.mailerlite.com/legal/security-statement .
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Your data will not be transferred to a third country outside the European Economic Area for the purpose of sending the newsletter.
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Providing your data in the newsletter subscription form is voluntary, but necessary to send you the newsletter based on your consent (Article 6, paragraph 1, letter a of the GDPR) and to pursue any claims in connection with the sending of the newsletter.
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You will receive the newsletter until you terminate your subscription or we stop sending the newsletter.
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In the event of a subscriber's inactivity for a year, we reserve the right to stop sending the newsletter. In such a case, we will remove you from the list of subscribers, but your address will still be available in the system used to send the newsletter until the limitation period for claims expires.
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The mechanism for unsubscribing from the newsletter service is not complicated and consists of clicking an active link with the information I am unsubscribing from the newsletter. After you exercise this right and unsubscribe from the newsletter, your data regarding the newsletter subscription will be stored for the period necessary to defend against potential claims. This is our legitimate interest as a data controller. In this case, we process your data on the basis of the legitimate interest of the controller (Article 6, paragraph 1, letter f of the GDPR). You can object to the processing of your data in this way at any time - write us a message to the address provided in these Regulations.
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To unsubscribe from the newsletter service, you can also send us a message to the e-mail address provided in these Regulations, and then we, as the administrator of your data, will remove you from the list of subscribers from the newsletter sending program.
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Your data is stored in the newsletter service provider's system, which is used to send the newsletter. The newsletter service provider therefore has access to the data that I process within the system.
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We may also transfer personal data provided when subscribing to the newsletter to the following entities: the service providing IT system maintenance and hosting services, the e-mail service provider, the newsletter service provider and third parties supporting us in sending the newsletter, with whom we have concluded appropriate entrustment agreements, or third parties authorized by us to process data as part of the newsletter.
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As in every case where we process your data, you have the right to access the content of your data, receive a copy of it, the right to rectify it, delete it, limit its processing, the right to transfer data, the right to object, the right to withdraw consent at any time.
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However, remember that if you withdraw your consent to data processing, this will not affect the lawfulness of data processing based on your consent before its withdrawal.
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You also have the right to lodge a complaint with the President of the Personal Data Protection Office if you believe that the processing of your data violates the law.
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The provided e-mail address stored in the newsletter sending system may be transferred to the Meta platform in order to create an advertising recipient group within the Meta service.
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However, we would like to inform you that the Meta platform has implemented appropriate processes and procedures to ensure the confidentiality and security of the transmitted email address.
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Subscription pages, including subscription forms, also in the form of pop-ups, are created using the newsletter sending system.
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The newsletter service provider provides analytical and statistical functions, collecting information such as the number of views of specific pages.
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More information about the data collected can be found on the website of the newsletter service provider.
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Data processing as part of the newsletter does not result in automated decision-making on our part that directly affects your rights and obligations, although as part of profiling we can direct content to you that is consistent with your interests and behaviour, so that the content you receive is as useful to you as possible.
Withdrawal of consent to data processing
Data processing for the purpose of sending the newsletter is based on your consent.
You may withdraw this consent at any time, at your own discretion.
If the processing of your personal data was based on consent, its withdrawal does not mean that the processing of personal data up to that point was unlawful.
Please note that after withdrawing your consent, your data will still be stored in the newsletter sending system.
In this case, we process your data based on the legitimate interest of the data controller, which is to demonstrate in the future that a specific e-mail address was saved in the newsletter database.
Your data will be stored until the supervisory authority can verify the correctness of our data processing related to the newsletter service.
Data subject rights
At any time, you can write a message to the e-mail address provided to obtain information about our processing of your data.
GDPR grants the following rights related to the processing of personal data:
The right of access to information and the obligation to provide information – means that every person whose data is processed has the right to know what is happening with their personal data. The right of access to personal data – means that if we, as the controller of your data, receive a request from you to access your data, we are obliged to provide you with such information. We are to perform our duties in this respect as the controller of data immediately, no later than within one month. If this is not possible within this period, we are obliged to inform you at least whether we are processing your data, and we can then extend the deadline for a complete response to your request by two months.
The right to rectify personal data – means that you can request that the administrator of your data rectify incorrect data or supplement incomplete data.
The right to delete personal data, the right to be forgotten - means that you can demand that we, as the administrator of your personal data, delete them, inform the person to whom your data has been transferred about their deletion. You also have the right to demand that your data, which has been made public by us, be subject to deletion by other administrators as well. As the administrator of your data, we are also obliged to inform you, at your request, to which recipients your data subject to deletion has been transferred.
The right to restrict the processing of personal data – means that you can request the restriction of the processing of your personal data. This happens, for example, when you disagree with the accuracy of the data being processed or when you consider that we no longer need the data for the purposes of processing.
The right to object to the processing of personal data – means that you can object to your data being processed by the administrator.
The right to transfer data – means that, if certain conditions are met, you may request that your data be transferred directly to another designated administrator.
The right to lodge a complaint – means that as soon as you believe that our processing of your data violates the law, you can lodge a complaint with the President of the Personal Data Protection Office.
Remember that not all of these rights will apply to you always and in every case. This is not a manifestation of bad will, but the nature of the law.
Contact form
We allow you to contact us via the contact form on our website or by e-mail.
The data you provide to us via the contact form, i.e. your e-mail address, order number, other information provided in the form, will be processed by us for the purpose of contacting you electronically.
When you contact us via email, you provide us with your email address as the sender's address. You can also include other personal data in your message.
The legal basis for the processing of personal data in this case is your consent resulting from initiating contact with us.
Once we have ended contact with you, we may archive the content of your correspondence.
The archiving period will not exceed the limitation period for claims arising from legal provisions.
Cookies and tools implemented on the website
This website, like many others, uses cookies.
Cookies are short text information saved on the device you use to browse websites. They can be read by us ("our own cookies", which we use to ensure the proper operation of this website, to improve the offer), as well as by systems belonging to other entities whose services we use ("external cookies").
Remember that you have the right to change cookie settings from your browser and our website.
During your first visit to the site, information about the use of cookies is displayed. Failure to change browser settings is tantamount to consenting to their use.
Our website uses the following tracking technologies:
social plugins redirecting to my social media profiles, such as: Facebook, YouTube, Instagram and LinkedIn, TikTok; analytical and marketing tools, i.e. META (Facebook) Pixel, Manychat.
META (Facebook) Pixel
This is an analytical tool, a piece of code implemented on the website, allowing us to direct marketing activities to people who have visited our website or are interested in our activities.
The data collected by the tool is anonymous (location, gender, age, internet activity), although the provider (Meta) may combine it with data it has collected about you as part of your use of its platform.
META (Facebook) Pixel helps us determine the effectiveness of our marketing activities, reach a specific audience and shows their reactions to our activities.
You can read more about the tool on the provider’s website: https://pl-pl.facebook.com/business/help/742478679120153?id=1205376682832142.
My entire disclosure obligation regarding our presence on the Meta platform is available in the Privacy Policy.
ManyChat
We use ManyChat, a tool that improves communication between recipients on social media (Instagram) during marketing activities.
Manychat allows you to send automatic messages with specific content to recipients interested in our content and materials.
Manychat plays two roles depending on the purpose for which it is used. In some cases, it is a data controller (usually for my data), while sometimes it is a data processor (usually for your data).
You can find more information about this tool in the Privacy Policy.
Video materials and cookies
We place audiovisual materials from YouTube and Vimeo on our website.
For this purpose, cookies from Google LLC and Vimeo Inc. are used.
Cookies are generated automatically when playing audiovisual materials from the above-mentioned services. If you do not agree to this, do not play the video material.
Legal notice
The Digital Content and/or Digital Service provided is for educational purposes only and does not constitute or replace individual expert advice.
The content provided constitutes a manifestation of one's own intellectual creation and is subject to copyright protection.
Use of the provided content beyond permitted personal use may result in the risk of criminal and civil liability.
If you have any doubts about the legal nature of the content we have provided or how you can legally use it, please write us a message and we will provide you with a comprehensive answer.
Complaints procedure
Complaints regarding the operation of this website, newsletter or the provided Digital Content or Digital Service may be submitted directly to the following e-mail address: ziolkowski@marketingpartners.pl.
We will consider each complaint within 14 days, also responding to it by e-mail.
You also have the option of using out-of-court complaint and claim settlement methods. You have the option of contacting a permanent consumer arbitration court with a request to resolve a dispute arising from the concluded contract, contacting the provincial inspector of the Trade Inspection with a request to initiate mediation proceedings on the amicable settlement of the dispute between us, using the assistance of the district (municipal) consumer rights advocate or a social organization whose statutory task is to protect consumers.
You can also use the ODR platform, which is available at http://ec.europa.eu/consumers/odr.
The platform serves to resolve disputes between consumers and entrepreneurs seeking out-of-court settlement of a dispute regarding contractual obligations arising from an online sales contract or a service contract.
Change of Regulations
These Regulations may be changed only for the reasons indicated below. The change to the Regulations comes into effect after 14 days from the date of notification of the change to the Regulations. In the event of a change to the Regulations, you have the same rights as in the case of a newsletter subscription, including the right to withdraw.
The regulations may change due to:
- the need to adapt the Regulations to the provisions of applicable law and the need to adapt the Regulations to a recommendation, interpretation, ruling, resolution or decision of a public authority or a court ruling, provided that they affect the content of the Regulations;
- introduction of new services, changes in their scope or nature;
- changes in the technical conditions of service provision;
- changes in the scope of our activities and organizational changes in our enterprise;
- correction of stylistic, linguistic or other errors of a non-substantive nature.