1. Purpose and functioning of the http://dbplus.tech website
These Terms & Conditions have been produced based on the legislation in force in the Republic of Poland and they define the rules of operation of the http://dbplus.tech website and of service provision and use.
The Terms & Conditions define the Users’ rights and responsibilities and the rights and responsibilities of DBPLUS as the Service provider.
You may only use the Services if you have read and accepted these Terms & Conditions.
The purpose of the Website is to enable the Users to:
- obtain information about DBPLUS’S activity;
- gain access to technical support for DBPLUS products and services.
2. Terms & definitions
Whenever used herein, the terms below shall have the following meanings:
Personal Data – information concerning an identified or identifiable natural person, gathered in the registration form available at http://dbplus.tech/en/support (“Registration” section) and the contact form available at https://dbplus.tech/en/contact/, processed by DBPLUS for the purpose of proper provision of the Services specified in particular in the Terms & Conditions and for the purpose of operational and statistical services connected with Website management, and for other purposes as described in the consent granted by the User and in applicable laws.
DBPLUS – the entity managing the www.http://dbplus.tech website i.e. Dariusz Markowski DBPLUS based on Warsaw (02-594), ul. Giordana Bruna 9/215, registered in the Polish Central Registration and Information on Business (CEiDG), with NIP No.: 5691022075, REGON No.: 140804684.
Account – server space provided by DBPLUS to the User were the User enters and administers their Personal Data. The User is the one to decide about the purposes and means of Personal Data processing within the Account.
User ID – a string of characters entered by the User on the Website at the registration stage to permit subsequent User identification during the Website use. User ID as a unique technical string of characters does not change. The User’s e-mail address serves as the User ID.
Helpdesk – a separate part of the Website where Users have access to features providing support in the use of DBPLUS products and services, in particular to:
- download software updates;
- software problem reporting;
- regular exchange of information about services;
- transmission of the files required for effective troubleshooting for reported problems;
- customer panel.
Website – the website available at http://dbplus.tech/
Terms & Conditions – this document defining the rules of using the Website, including in particular the rights and responsibilities of the Users and DBPLUS. These Terms & Conditions are terms & conditions as construed by Article 8 of the Polish Act on Electronic Service Provision of 18 July 2002.
Contract – contract for the provision of services by electronic means entered into between the User and DBPLUS upon the User’s acceptance of the Terms & Conditions, of the wording consistent with these Terms & Conditions. The Contract is open-ended.
Service(s) – any performance provided to the Users under the Contract, and in particular a Helpdesk service.
User – a person with full legal capacity to act who has gained access to the Services by accepting the Terms & Conditions and registering an Account. The Website is addressed to people of legal age only.
Partner – a person or a legal entity authorised by DBPLUS to contact the User for the purpose of providing the Services, selling software or providing support for DBPLUS products and services,
Reliable Message – a message addressed to DBPLUS through the contact form athttps://dbplus.tech/en/contact/ which clearly specifies any content that potentially violates the applicable laws, and in particular infringes on any legally protected interests of the User/other individuals and as such should be removed or blocked. A Reliable Message should specify the full name of the reporting person, the information sufficient for DBPLUS to locate the content (e.g. full, precise URL address), as well as a declaration or statement that the reporting person believes in good faith that the specified content is unlawful. A Reliable Message is also a written notice/request from state authorities and institutions that meets statutory criteria.
3. Technical requirements for Website use
- The Website is owned by Dariusz Markowski DBPLUS based in Warsaw (02-594), ul. Giordana Bruna 9/215, registered in the Polish Central Registration and Information on Business (CEiDG), with NIP No.: 5691022075, REGON No.: 140804684.
- Website involves primarily:
- DBPLUS providing a platform where visitors can learn about DBPLUS’S business;
- DBPLUS providing the server space to create Accounts, and;
- Service provision.
- Website use requires a device allowing Internet access plus a web browser that accepts cookies or an e-mail account (this applies to Users).
- Use of the Website or some of its functionalities may be contingent upon registration and Account creation. In such a case, the registration referred to in the preceding sentence is possible through the Website.
- Registering and creating an Account requires creating/giving the User ID, setting a password to the Account and accepting the Terms & Conditions.
- No programmes/scripts that have not been authorised by DBPLUS may be used on the Website, in particular if they disrupt or automate the use of the functionalities offered by the Website in any way, especially viruses, bots, other malware etc.
- The rights in the Website name, software, databases created within the Website and in the graphic elements posted by DBPLUS (except for any works / trademarks the copyright wherein is vested in third parties) are vested in DBPLUS.
4. Website registration / Entering into a Service Contract
- By accepting these Terms & Conditions, the User agrees to the rules laid down herein and undertakes to comply with them. The Website is addressed to Users of legal age only.
- Account creation and use in connection with the Services and the Website functionalities is voluntary and free of charge (unless otherwise specified for a particular Service – of which the User is clearly informed before using such a Service).
- DBPLUS uses the Website to provide the following Service to the Users:
- allow them to create an Account;
- allow them to browse the content and materials posted on the Website by DBPLUS;
- send, with the User’s explicit consent, free of charge cyclical information about the Website, by electronic means;
- allow the Users to use the Helpdesk functionalities;
- permit comments under content.
- The Contract is open-ended and it is concluded once the User successfully completes and accepts the registration form in order to create an Account and confirms the intention to create the Account by activating the link in the e-mail sent automatically to the e-mail address provided by the User in the registration form.
- The registration procedure consists in filling out the registration form.
- The User undertakes to provide their actual Personal Data, i.e. e-mail address, first and last name, phone number, business name and address (“Registration” section) in the registration form. The User may also fill out other Personal Data within the Account if they wish to.
- The User’s acceptance of the Terms & Conditions is tantamount to making the following representations:
- I am familiar with the Terms & Conditions and I accept all of their provisions;
- I have commenced the use of the Website Services on a voluntary basis;
- The Personal data in the registration form are true and the Data within the Account are legal, in particular they do not infringe on any rights of third parties;
- I am aware of the liability I may face for posting Personal Data and other information and content on the Website without the required permission;
- I accept and undertake to use the Website in line with these Terms & Conditions and with the intended purpose of the Website arising from the Terms & Conditions;
- I accept and agree that DBPLUS may freely – especially if this is dictated by technical or legal reasons – modify or delete the appearance of the Website, including the layout of the Account and the Helpdesk, and post information, windows, banners and advertisements on the Website.
5. Personal Data
As required by Article 13(1) through 13(2) of Regulation 2016/679 of the European Parliament and of the Council (EU) of 27 April 2016 the 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 (General Data Protection Regulation, hereinafter the “GDPR”), please be informed that:
- Dariusz Markowski DBPLUS based in Warsaw (02-594), ul. Giordana Bruna 9/215, registered in the Polish Central Registration and Information on Business (CEiDG), with NIP No.: 5691022075, REGON No.: 140804684 is the Personal Data Controller for the Users of the http://dbplus Website who have freely given their consents to the processing of Personal Data for marketing purposes.
- Compliance with data protection rules at DBPLUS is overseen by the appointed Data Protection Officer, who can be contacted through an e-mail sent to email@example.com.
- The Personal Data given by Users of the http://dbplus.tech Website will be processed by DBPLU for marketing purposes on the legal grounds of consent of http://dbplus.tech Website Users (Article 6(1)(a) of the GDPR) and for the purpose as necessary to establish and word the Contract, and to change, terminate and properly perform Services provided by electronic means (Article 6(1)(b) of the GDPR).
- The recipients of your Personal Data include DBPLUS and other Processors, including Partners and advertising agencies, who shall process the data under an agreement with the controller and only in accordance with the controller’s instructions.
- Personal Data will be erased in the following cases:
- if the data subject requests their erasure or withdraws the consent;
- if the data subject undertakes no activity for 5 years (contact inactive);
- if the information is found to be out of date or inaccurate.
- Subject to the terms defined in the GDPR, you have the following rights:
- right to withdraw your consent at any time, without this affecting the lawfulness of any processing that took place based on the consent before its withdrawal, by clicking the link in the e-mail you received after giving the consent;
- ight to object to the processing of your Personal Data, including the right to object to profiling for direct marketing purposes;
- right to request access to your data, their recertification, erasure or restriction of their processing from the controller, and the right to data portability;
- the right to lodge a complaint to a supervisory authority (President of the Data Protection Office) if you believe that the processing of the Personal Data that concern you is in breach of the GDPR.
- You give your Personal Data freely but this is necessary for Account creation.
- DBPLUS uses adequate technical and organisational measures to protect the Personal Data processed.
- No activities that could impede or destabilise the functioning of the Website or that may harm the reputation or good name of the Website are allowed. If DBPLUS finds out that a User engages in such activities, this is a valid reason for suspension of Service in respect of that User or for deletion of their Account. Entering into the Contract, the User shall in particular:
- refrain from any activities which may impede or disrupt the functioning of the Website and the use of Website Services and which represent a nuisance to other Users;
- refrain from any activities that could impede or disrupt the functioning of the Website, as well as any activities that involve in particular destroying, changing, deleting, damaging, impeding access to the Accounts of other Users;
- refrain from any activities that serve the purpose of eliciting passwords and identification data from other Users under false pretences, especially for commercial purposes, in a broad sense of the term, or for unlawful purposes;
- refrain from any activities using in particular viruses, bots, bugs or other computer codes, files or programmes that disrupt, destroy or limit the function of the Website or the hardware or otherwise allow unauthorised use of or access to the computer or the computer network;
- refrain from any activity that automates the use of the Website.
- No content that is unlawful, offensive, false or illegal in the light of the legislation generally applicable in Poland or that promotes violence or is morally reprehensible or violates custom may be posted on the Website. Access to such content, and the Accounts of their authors, may invalidated, especially after receipt of a notice from authorities or of a Reliable Message about the unlawful nature of the Data or the activity related thereto – on separate terms as defined below.
- The User represents that no information, content, data, material (including photos) they post infringes on the right of third parties, and that the User has a full right therein, which shall apply in particular to photos.
7. Helpdesk use
Within the Website, the User may use the Helpdesk function through the features available on the Website.
The User may use the following functions within the Helpdesk:
- download of software updates;
- software problem reporting;
- regular exchange of information about the services;
- transmission of the files required for effective troubleshooting for the reported problems;
- customer panel.
DBPLUS reserves the right to verify and, if necessary, change the data added by Users. In particular DBPLUS shall have the right to block (or decide not to add) any data the scope or nature whereof violates these Terms & Conditions, applicable laws and the purpose of the Website.
9. Account blocking and/or deletion
DBPLUS shall have the right to limit the User’s use of the Website at any time and suspend Service provision (and temporarily block the Account) only for valid reasons, which are limited to the following:
- The User has infringed on the interests of third parties through the Website;
The User has grossly breached the Terms & Conditions;
- The User has engaged in conduct which violates the law or custom and is objectively harmful to the Website or other Users;
- DBPLUS has received a notice meeting the criteria of a Reliable Message or a notice from the authorities related to the User’s breach of the Terms & Conditions or applicable laws.
- The limitation of the User’s right to use the Website or the Service suspension (including temporary Account blocking) shall take place for no more than 60 days.
- DBPLUS shall send its notice in this respect to the e-mail address specified by the User at registration (Account creation).
- For a valid reason, understood as the User’s repeated misconduct (activity) that led to limitation of their right to use the Website or to the suspension of Service provision to the User (including temporary Account blocking) referred to in paragraph 1 above, DBPLUS has the right to terminate the Contract with the User upon 7 days’ notice.
- A User against whom paragraph 4 has been applied may use the Website after contacting DBPLUS and receiving DBPLUS’S permission to continue to use the Website without limitations.
- The User may terminate the Contract effective immediately without cause.
Contract termination by the User consists in the User deleting the Account in a procedure available through the Account.
- The User shall be liable for breach of any generally applicable laws and the terms hereof and for any damage caused by the User’s activity within the Account.
By posting any data, and in particular materials (including screen shots, photos and descriptions) or comments on the Website, the User grants DBPLUS a non-exclusive, open-ended and free of charge licence to the use, by fixation – on any medium and using any technique – modification, deletion, supplementation, public display, public screening, reproduction and dissemination (in particular on the Internet) of such data for marketing, information and statistical purposes and for publication in such media as the Internet, the press, the TV, mobile communications, paper/printed materials.
The User may complain about any disruptions in the functioning of the Website and about the Services to DBPLUS though the contact form available at https://dbplus.tech/en/contact/.
- Please make sure every complaint includes the User ID, a detailed description and the cause of the complaint.
- Complaints will be considered by DBPLUS within 14 days of being filed.
- DBPLUS may have periodic maintenance breaks in the provision of the Services under the Contract, in particular in connection with maintenance, inspection or expansion of the Website or the technical infrastructure without this affecting any User rights. DBPLUS shall exercise due care to inform the Users about maintenance breaks properly in advance.
The Contract for electronic Service provision is entered into in English.
The Terms & Conditions shall be effective as of 30 May 2018.
DBPLUS reserves the right to amend the Terms & Conditions if any of the following valid reasons arises (closed list):
- if the laws governing the operation of the Website change in a way affecting the mutual rights and responsibilities of DBPLUS and the Users under the Contract;
- if DBPLUS’S business needs to be adapted to orders, rulings, decisions or guidelines arising from:
– a decision of a public administration body having jurisdiction of DBPLUS’S business or
– a court judgement that applies to DBPLUS’S business in a way affecting the mutual rights and responsibilities of DBPLUS and Users as defined in the Contract;
- if the way of providing services by DBPLUS by electronic means changes but only for technical and technological reasons (in particular update of the technical requirements specified herein);
- if the scope or the rules of DBPLUS’S provision of the Services to which these Terms & Conditions apply changes because DBPLUS introduces new, modifies or withdraws the existing features or Services covered by these Terms & Conditions and offered within the Website;
- if DBPLUS undergoes a merger, a separation or a transformation or if DBPLUS’S other identification details specified herein change.
- DBPLUS shall inform the Users about any changes to the Terms & Conditions properly in advance.
- Users who have accepted the Terms & Conditions have the right to terminate the Contract within 14 days after being informed about changes to the Terms & Conditions.
- If the Terms & Conditions have been amended, DBPLUS shall provide a consolidated version of the Terms & Conditions by publishing it on the Website and by e-mailing it to the address specified by the User at Account creation.
- The Contract shall be governed by the laws of Poland, and common courts of the Republic of Poland shall have jurisdiction, unless mandatory laws stipulate otherwise.
- The text of the Terms & Conditions is available free of charge at https://dbplus.tech/en/website-terms-conditions/, where it can be viewed or printed at any time.