Terms and conditions

Terms and conditions for the provision of electronic services on the younghorizons.pl website

§ 1
Definitions

1. Website – website at the younghorizons.pl domain to which the Service Provider has rights;
2. Service Provider – Stowarzyszenie Nowe Horyzonty with its registered office in Warsaw at ul. Ludwika Zamenhofa 1, 00-153 Warsaw, Poland, entered into the register of associations, other social and professional organisations, foundations and public healthcare institutions, and into the register of entrepreneurs kept by the District Court for the Capital City of Warsaw, 12th Commercial Division of the National Court Register, under KRS (National Court Register) No.: 0000162000, tax ID (NIP): 525-22-71-014, Business registry number (REGON): 015503904;
3. Service User – a natural person, legal person or organisational unit without legal personality, having legal capacity, which uses the Services;
4. Services – services provided electronically by the Service Provider through the Website;
5. Service Agreement – an agreement concluded between the Service Provider and the Service User, the subject of which is the provision of Services through the Website;
6. Terms and Conditions – these terms and conditions;
7. GDPR – the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals 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) (OJ EU L 2016, 119, p. 1, as amended).

§ 2
General Provisions

1. The Terms and Conditions set out the rules of the following:
   1. provision of Services to the Service Users by the Service Provider,
   2. processing personal data of the Service Users who are natural persons by the Service Provider.
2. The Service Provider provides the following Services in particular:
   1. the Service of viewing and reading materials posted on the Website by the Service Users;
   2. the Service of an electronic form enabling registration for workshops and special events during the Young Horizons festival and the Young Horizons industry events through the registration form;
   3. newsletter service.
3. The Service Provider provides Services electronically within the meaning of the Act of 18 July 2002 on the provision of electronic services. The services are provided free of charge.
4. On the terms set out in the Terms and Conditions, access to the Website is open to anyone who can connect to the public Internet. To use the Services referred to in Sections 2.2.b and 2.2.c above, the Service User must have an active email account.
5. Before using the Website, the Service User is obliged to read and understand the Terms and Conditions.
6. The Service User is obliged to comply with the Terms and Conditions from the moment of starting to use the Website.
7. The Terms and Conditions are made available to the Service Users free of charge on the Website in a downloadable, saveable, and printable form.
8. The Service User is prohibited from using the Services in a manner which is contrary to the law, decency, or violates the legitimate interests of the Service Provider.
9. The Service User is prohibited from providing illegal content.
10. Each Service User has access to the Service of viewing and reading the content posted on the Website. The conclusion of the Agreement for the provision of this Service begins when the Service User starts to use the Website. The Agreement for the provision of the Service of viewing and reading the content on the Website becomes terminated when the Service User ceases to use the Website.
11. The Service Provider is entitled to terminate any agreement for the provision of Services if the Service User uses the Services in a manner which is contrary to the law or the provisions of the Terms and Conditions.
12. The Service User may terminate the use of the Service at any time.

§ 3
Technical conditions for the use of the Services

1. In order to properly and fully use the Services, the Service User should have:
   1. a device with access to the Internet;
   2. an email account – if the Service User intends to use the service of the electronic form and the newsletter service;
   3. Firefox 8.0 or higher, Chrome 11 or higher, Microsoft Edge 18 or higher, Safari 10 or higher, or similar software.
2. The use of all applications on the Website may depend on the installation of Java, Java Script software, and the acceptance of cookies.

§ 4
Newsletter Service

1. The Service User may subscribe to the newsletter through a dedicated newsletter form, placed on the Website, available to all Service Users.
2. To subscribe to the newsletter, the Service User must enter the email address in the form referred to in Section 1 above, accept the Terms and Conditions, and click the “Sign up” button.
3. After sending the completed form, the Service User immediately receives an activation link to the email address provided in the form to confirm the newsletter subscription. The Agreement for the provision of the newsletter Service is concluded once the link is activated by the Service User.
4. The newsletter is promotional and it concerns products, services, and events organised by the Service Provider as well as by third parties cooperating with the Service Provider.
5. The graphic elements and the textual content of the newsletter are subject to proprietary copyrights or other rights of the Service Provider or third parties cooperating with the Service Provider and are subject to legal protection. Any act of copying, modifying, or using of them in a manner which is inconsistent with the intended use and/or without the consent of the Service Provider may constitute a violation of the law.
6. The Agreement for the provision of the newsletter Service may be terminated by either Party at any time. The Service User may resign from the newsletter Service by clicking the link saying “I do not want to receive messages” or similar, placed by the Service Provider at the end of each message sent to the Service User as part of the newsletter Service. The Service User may re-subscribe to the Newsletter Service in the way specified in this section at any time.

§ 5
Electronic form Service

1. The Service Provider provides electronic forms on the Website to enable, in particular, signing up for volunteering or signing up for workshops. The information on what a given electronic form refers to is provided in the description of the electronic form published on the Website.
2. In order to use the electronic form Service, the Service User should complete the electronic form in accordance with the description on the Website, including, in particular, providing their identification details and email address, and click the “Send” button to send the completed electronic form to the Service Provider.
3. After sending the completed electronic form to the Service Provider, the Service User receives a confirmation of sending the form to the email address provided.
4. The Service User may stop filling in the electronic form at any time.
5. The Service Provider will contact the Service User with regard to the electronic form sent within the time indicated in the description of the form on the Website.

§ 6
Liability

1. The Service Provider undertakes actions to ensure the correct operation of the Website to the extent that results from current technical knowledge and undertakes to remove disturbances in the functioning of the Website that have been reported by the Service User.
2. If the Services Provider is notified about publication of unlawful content, the Service Provider reserves the right to remove content posted by Service Users, in particular inappropriate content or content that may constitute a violation of applicable law, if, on the basis of reports of third parties or relevant authorities, it has been decided that they may constitute a violation of applicable law.
3. The Service Provider is not liable for the content posted by the Service Users if it does not know about the unlawful nature of this content or related activities. In the event of receiving an official notification or obtaining reliable information about the unlawful nature of this content or related activities, it will immediately prevent access to the posted content.
4. The Service Provider undertakes to provide Services in accordance with the Terms and Conditions.
5. The Service Provider undertakes to provide the Service Users with a newsletter on the terms set out in the Terms and Conditions. If the Service Provider has not provided the newsletter Service, the Service User who is a consumer may call the Service Provider to provide it. If the Service Provider fails to deliver the Service immediately or within an additional period expressly agreed by the parties, the Service User who is a consumer may withdraw from the Service Agreement.
6. The Service Provider reserves the right to make changes to the scope of the newsletter Service in the following cases: (a) the need to adapt the Service to legal regulations, recommendations, guidelines, orders or prohibitions, rulings, decisions, interpretations or decisions of authorised public authorities; (b) to change the scope of the Service provided; (c) to change the functionality of the Service provided; (d) changes in the technical conditions of use of the Service; (e) the emergence of new risks or threats related to the use of the Service. The change will not involve any costs on the part of the Service User. The Service Provider will inform the Service User about the change in advance.
7. If the change significantly and negatively affects the access of the Service User who is a consumer of the newsletter Service, the Service User may terminate the Service Agreement without notice within 30 days from the date of the change.
8. The Service User who is a consumer may withdraw from the newsletter Service Agreement without calling for the delivery of the newsletter Service if:
   1. the Service Provider’s statement or circumstances clearly indicate that the Service Provider will not provide the Service, or
   2. the Service User and the Service Provider have agreed or the circumstances of concluding the Service Agreement clearly indicate that a specific date of the Service was important for the Service User and the Service Provider did not deliver the Service within this period.
9. The Service Provider is obliged to provide the Service User with a newsletter in accordance with the Service Agreement throughout the term of the Agreement. The Services are provided to the Service User in the latest version available at the time of conclusion of the Service Agreement. If an update to a given Service is issued during the term of the Service Agreement, the Service Provider will inform the Service User about such an update and provide it to them.
10. If the newsletter Service does not conform to the Service Agreement, the Service User who is a consumer may request it complies with the Agreement. The Service Provider may refuse to make the Service conform to the Agreement if conformance is impossible or it would require excessive costs for the Service Provider.
11. If the newsletter Service does not conform to the Service Agreement, the Service User who is a consumer may submit a statement of withdrawal from the Service Agreement if:
    1. bringing it into conformance with the Agreement is either impossible or involves excessive costs;
    2. the Service Provider has failed to bring the Service into conformance with the Agreement;
    3. the lack of conformance of the Service with the Agreement persists even though the Service Provider has attempted to bring the Service into conformance with the Agreement;
    4. the lack of conformance of the Service with the Agreement is so significant that it justifies withdrawal from the Agreement without prior use of the remedy specified in Section 6.8 above;
    5. it is clear from the Service Provider’s statement or circumstances that they will not bring the Service into conformance with the Agreement within a reasonable time or without undue inconvenience to the Service User who is a consumer.
12. The term “Consumer” means a natural person who engages with an entrepreneur in a legal act unrelated directly to their business or profession.
13. The provisions of Sections 6.5–11 above also apply to a natural person concluding an agreement directly related to their business activity, when the content of this agreement shows that it does not have a professional character for that person, resulting in particular from the subject of their business activity, made available on the basis of the provisions on the Central Registration and Information on Business.

§ 7
Complaints

1. The Service User may notify the Service Provider of any disruptions in the functioning of the Website or the provision of Services, i.e. submit complaints regarding the Services in accordance with Section 6 of the Terms and Conditions, as well as submit all opinions and requests regarding the functioning of the Website to the Service Provider’s email address: kontakt@nowehoryzonty.pl
2. If the content published on the Website violates the personal rights of the Service User or other persons, these persons may notify the Service Provider about the potential violation by sending a notification to the Service Provider’s email address: kontakt@nowehoryzonty.pl
3. When the Service Provider receives a complaint or notification about the potential violation, the Service Provider takes actions to remedy the disruptions in the functioning of the Website and the Service or to remove the content from the Website that causes the violation. The Service Provider notifies the Service User of the actions taken within 14 days from the date of receipt of the complaint or notification of a potential violation through an email.

§ 8
Right to withdraw from the Service Agreement

1. Regardless of the possibility of resigning from the Services in accordance with the provisions of the Terms and Conditions, the Service Users who are consumers or entities referred to in Section 6.11 of the Terms and Conditions have the right to withdraw from each Service Agreement concluded with the Service Provider within 14 days from the date of conclusion of this Agreement.
2. To meet the deadline referred to in Section 8.1 above, it is sufficient to send a statement of withdrawal from the Service Agreement before its expiry. The declaration of Agreement withdrawal may be submitted in particular through email and sent to the Service Provider to the address indicated in Section 11.2 of the Terms and Conditions.

§ 9
Risks of using the Services

1. To the best of the Service Provider’s knowledge as of the date of adoption of the Terms and Conditions, the risks associated with the use of the Services are as follows:
   1. possibility of receiving spam, i.e. unsolicited advertising (commercial) information transmitted electronically;
   2. presence and operation of malware, including: computer viruses, i.e. specific software that is able,when executed, to infect files in a self-replicating manner, usually without being noticed by the user;
   3. presence and operation of Internet worms, i.e. malware capable of self-replication;
   4. possibility of spyware, i.e. software that monitors the User’s activity on the Internet and that installs itself without the user’s knowledge, consent or control;
   5. possibility of being exposed to cracking or phishing, i.e. a technique of security hacking, used to obtain personal and confidential information to steal identity by sending fake emails that appear to be authentic;
   6. piracy, i.e. software from which copy protection has been removed and which has been made available on the Internet, from where it can be downloaded;
   7. sniffing involving the use of a sniffer, i.e. a computer program whose task is to capture and possibly analyse data moving through the network;
   8. possibility for other persons using an electronic system and/or telecommunications network to introduce illegal devices giving unauthorised access to protected services within the meaning of Directive 98/84/EC of the European Parliament and of the Council of 20 November 1998 on the legal protection of services based on, or consisting of, conditional access;
   9. cryptanalysis activities, i.e. finding the weaknesses in the cryptographic system and thus enabling its cracking or circumvention;
   10. possibility of being exposed to the actions of other unwanted or malicious software, performing actions not intended by the user, not falling within the limits of the definitions listed above, and appearing under the names: wabbit, trojan, backdoor, exploit, rootkit, keylogger, dialler, hoax.

§ 10
Personal data processing

1. The controller of the personal data provided by the Service User in connection with the use of the Services is the Service Provider.
2. In connection with the use of the Services by the Service User, the Service Provider may, in particular, process the Service User’s following personal data: name and surname, email address, and other personal data provided in the electronic form, e.g. place of employment.
3. The data provided by the Service User in connection with the use of the Services are processed:
   1. pursuant to Article 6.1.b of the GDPR to conclude and perform an Agreement for the provision of Services;
   2. if the Service User submits a complaint regarding the newsletter Service, pursuant to Article 6.1.c of the GDPR, to handle the complaint, as well as to inform the Service User about the result of handling the complaint;
   3. if the Service User submits a complaint regarding the functioning of the Website, pursuant to Article 6.1.f of the GDPR, to handle the complaint, as well as to inform the Service User about the result of handling the complaint, constituting legitimate interests pursued by the Service Provider;
   4. in the case of questions, opinions, and requests of the Service User regarding the functioning of the Website and other such statements submitted to the Service Provider in electronic form, pursuant to Article 6.1.f of the GDPR, to handle and answer the received questions, opinions, requests, and statements of the Service User referred to above, constituting legitimate interests pursued by the Service Provider;
   5. if the Service Provider obtains information about the Service User’s use of the Services in conflict with the law or the Terms and Conditions, pursuant to Article 6.1.f of the GDPR, for the purpose and to the extent necessary to determine the Service User’s liability, constituting legitimate interests pursued by the Service Provider;
   6. for analytical and statistical purposes, pursuant to Article 6.1.f of the GDPR to implement the legitimate interest of the Service Provider consisting in measuring the effectiveness of the Website;
   7. pursuant to Article 6.1.f of the GDPR to implement the legitimate interest of the Service Provider in the form of diagnosing problems related to the operation of the Website and ensuring its proper configuration and IT security;
   8. pursuant to Article 6.1.f of the GDPR to implement the legitimate interest of the Service Provider in the form of direct marketing of the Service Provider’s own products and services if the Service User has consented to use advertising cookies.
4. The personal data provided by the Service User are entrusted for further processing to entities cooperating with the Service Provider, in particular the Meet To Match platform which the Service Provider uses to organise events (address: Europalaan 400, 3526 KS Utrecht, The Netherlands), and other entities providing services, including but not limited to hosting, IT, payment, financial and accounting, printing, and legal services.
5. The personal data provided by the Service User are stored:
   1. in the case referred to in Section 10.3.a above, for a period of 3 years after the end of the provision of Services;
   2. in the cases referred to in Sections 10.3.b and c above, for a period of 1 year after the date of settlement of the complaint;
   3. in the case referred to in Section 10.3.d above, for a period of 1 year after the date of answering the questions, opinions, requests, and statements received from the Service User;
   4. in the case referred to in Section 10.3.e above, until the statute of limitations and/or claims for the Service User’s unlawful use of the Services or use that is contrary to the Terms and Conditions, as
   5. determined in accordance with applicable law in the territory of Poland;
   6. in the case referred to in Section 10.3.f above, until the files used to measure the effectiveness of the Website are stored on the Service User’s computer;
   7. in the case referred to in Section 10.3.g above, until the Service User uses the Website;
   8. in the case referred to in Section 10.3.h above, until the Service User withdraws the consent to use the cookies.
6. The Service User has the right to request the Service Provider to gain access to the Service User’s personal data, to its rectification, deletion, or limitation of processing.
7. In the scope of the Service User’s personal data that is processed for the purpose indicated in Section 10.3.a above, the Service User has the right to transfer data if the processing takes place in an automated manner;
8. In the scope of the Service User’s personal data processed for the purposes indicated in Sections 10.3.c–h above, the Service User has the right to object, for reasons related to the special situation of the Service User, to the processing of the Service User’s data by the Service Provider.
9. The Service User has the right to lodge a complaint with the supervisory authority, i.e. to the President of the Personal Data Protection Office, in connection with the processing of the Service User’s personal data by the Service Provider.
10. Providing personal data by the Service User indicated in the forms provided by the Service Provider on the Website is a condition for the conclusion and/or implementation of the contract to which the form relates. The Service User is not obliged to provide personal data indicated in the forms referred to above. If the Service User does not provide the personal data referred to above, this may prevent the conclusion and/or implementation of the agreement to which the form relates or any other agreement that the Service User may conclude with the Service Provider using the Website and the subject of which is not the provision of electronic services. In addition, providing personal data by the Service User in the submitted complaint or questions, opinions, requests, and statements of the Service User referred to above is voluntary but necessary to handle them and inform the Service User about the result of their handling.
11. The Service Provider, as a data controller, takes care of the security of personal data provided by the Service Users and uses appropriate technical and organisational measures which are adequate to the risk of violating the rights or freedoms of the Service Users.
12. The Service Provider may also process the following data characterising the manner in which the Service User uses the Service (operational data):
    1. identifiers determining the Service User assigned on the basis of the data referred to in Section 10.2 above,
    2. identifiers determining the termination of the telecommunications network or the ICT system used by the Service User,
    3. information on the start, end, and the scope of each use of the Services,
    4. information on the Service User’s use of the Services.

§ 11
Final provisions

1. In the matters not covered by the Terms and Conditions, generally applicable provisions of Polish law apply, in particular: the Civil Code; the Act on the provision of electronic services of 18 July 2002; and the provisions of the Act on consumer rights of 30 May 2014.
2. The Service User should direct all questions, opinions, and requests regarding the functioning of the Website and statements to the following email address: kontakt@nowehoryzonty.pl or call the following phone number: 022 530 66 40
3. The Service Provider informs that the platform of the online dispute resolution system between consumers and entrepreneurs at the EU level (ODR platform) is available at http://ec.europa.eu/consumers/odr/.
4. The Service Provider reserves the right to change the Terms and Conditions for important reasons such as:
   1. the need to adapt the Terms and Conditions to the provisions of law having a direct impact on the content of the Terms and Conditions and resulting in the need to modify them in order to comply with the law;
   2. the need to adapt the Terms and Conditions to the recommendations, orders, rulings, resolutions, interpretations, guidelines, or decisions of the competent public authorities;
   3. change in the functionality of the Website, including the introduction of new Services or change of existing functionalities of the Website;
   4. change of technical conditions for the provision of Services;
      the need to remove ambiguities, errors, or typographical errors that may have occurred in the Terms and Conditions;
   5. change of the Service Provider’s data or links included in the Terms and Conditions.
5. The Service Provider informs the Service User 14 days before the entry into force of the new Terms and Conditions about the amendment to the Terms and Conditions by means of a message sent electronically containing the content of the amended Terms and Conditions and by means of a message placed on the Website.
6. The Service User accepts the amendments to the Terms and Conditions by continuing to use the Website after the amendments to the Terms and Conditions enter into force. The Service User has the right to terminate the Agreement regarding the Services provided through the Website.
7. These Terms and Conditions enter into force on 6 June 2023.