Site – refers to websites accessible through Photogenica.pl and Photogenica.eu
Photogenica - means Photogenica Sp. z o.o. located in Warsaw (02-672), 47/10 Domaniewska Street.
Content - refers to copyrighted works (including: photographs, illustrations, motion clips, audio recordings, fonts and others), presented on the Site.
1. Using the site
1.1 All Content is owned by Photogenica or Photogenica’s licensors. All Content means works in the meaning of copyright law, and is protected by copyright laws, industrial property laws, moral rights and other intellectual property rights.
1.2 Searching the resources on the site is free of charge. Professional registered users (who use Content within the scope of their own business or acting on behalf of their employers) can use low resolution files for preliminary, draft projects. Private individuals who use Content for their own purposes, not connected to any form of business activity, may not use Content for layout purposes.
1.3 Each use of Content which goes beyond the usage as described in item 1.2, and in particular putting the Content on the Internet, upgrading it by means of advanced, digital or printing technology, publishing, using as a model for making drawings or caricatures, using fragments and making them (by fotocomposing) a part of another image, requires granting a relevant license by making a payment on-line or by signing a license agreement with Photogenica in writing.
1.4 The User is hereby informed, that the Site may include Content, usage of which may require (apart from granting a license for using the copyright) attaining permissions from third parties with respect to people, objects or places presented in the Content. Users are solely responsible for determining whether their use of any Content requires consent of any third party or obtaining of any additional rights, and they should not rely solely on the information provided by Photogenica. If you are unsure whether additional third-party rights are needed for your use, you are responsible for consulting with competent rights management professionals or a legal counsel.
1.5 Except as explicitly permitted under this Site Usage Agreement or the applicable license agreement (if it was signed in writing), no portion or element of this Site or Content may be copied or retransmitted via any means. For the protection of Photogenica intellectual rights and its Content sources and other licensors, Content may be visibly, invisibly, or electronically watermarked which may permit online crawling or tracking of Content obtained from Photogenica. If the User does not agree to the use of monitoring technology by Photogenica, he/she should not use the Site or any Content found therein.
1.6 It is not allowed to:
a) violate technical restrictions of the Site, or bypass other measures employed to prevent or limit access to the Site or Content,
b) probe, scan, or test the vulnerability of the Site,
c) use any device, programming tools, algorithms, software or procedures that would interfere with the proper functioning of the Site.
2. Privacy Policy
2.1 This section No. 2 of the Site Usage Agreement defines the rules of processing of personal data by the Controller, on the basis of the “Regulation (EU) 2016/679 of the European Parliament and the Council of 27 April 2016 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” (hereinafter “General Data Protection Regulation”, or “GDPR”) as well as with respect to the Polish “Act on provision of services by electronic means” and the Polish “Telecommunications Act”.
2.2 The Controller of User’s personal data is Photogenica Sp. z o. o. with its registered office at 02-672 Warszawa, 47/10 Domaniewska Street. Contact details: info@photogenica.pl , phone number: +48 22. 245 38 01.
2.3 Submission of personal data is voluntary but necessary for the purpose referred to in the point 2.3(a) below. User of the Site has the right to request from the Controller access to his/her personal data, the right to rectification, erasure and restriction of processing of his/her personal data, right to withdraw consent at any time, right to data portability, right to lodge a complaint with a supervisory authority (President of the Personal Data Protection Office). User can delete his/her account from the Site himself/herself (menu "My account - My profile edit"). User’s Consent may be withdrawn by e-mail, at info@photogenica.pl .
2.4 Purposes of data processing:
a) conclusion of licence agreements, issuance of accounting documents, fulfilment of orders, handling of complaints, monitoring and compiling statistics on the performance of the Site (refers to all data submitted by the user as well as his/her IP number), based on the article 6(1)(b) of the GDPR,
b) performance of direct marketing (refers to user’s e-mail address), based on user’s consent given in the meaning of the article 6(1)(a) of the GDPR, article 10(2) of the Polish “Act on provision of services by electronic means” as well as the article 172 of the Polish “Telecommunications Act”,
c) pursuance of Controller’s legitimate interests (refers to all data submitted by the user), based on the article 6(1)(f) of the GDPR.
2.5 Personal data will not be shared with any other person or entity, except for:
a) persons and entities providing the Controller with accounting, legal, advertising, marketing, debt collection and business consulting services,
b) persons and entities providing the Controller IT services, in particular: hosting, server and IT systems administration,
c) authorised authorities, including tax authorities.
2.6 Submitting a completed registration form by a user of the Site (clicking the "Submit" button placed under the registration form) is equivalent to:
a) confirmation by the user of the authenticity, correctness and accuracy of all data entered in the form,
b) confirmation that the user has accepted the Site Usage Agreement, in particular that the user has been informed about his/her rights with respect to the processing of personal data,
c) the user's voluntary consent to the processing of his/her e-mail address for direct marketing purposes (if the relevant option was selected).
2.7 Making a request to erase the data, objecting to the processing or requesting to restrict the processing in a way that makes it impossible for the Controller to provide services under the licence agreement shall be understood as a termination of the licence agreement by the licensee/user with a 30-day notice period (if such an agreement has already been concluded) or as resignation from concluding the license agreement. In case of a notice of termination submitted in the above described procedure:
a) the licensee/user is not entitled to a refund of any licence fees,
b) the licensee/user is obliged to stop using the Content and to delete all copies of the Content at the end of the notice period.
2.8 The Controller does not process credit card data. Online payments for the Site are provided by payment operators, PayU and PayPal.
2.9 The Controller does not process data considered to be sensitive (special categories of personal data), including, for example, data on philosophical beliefs, biometric data, genetic data or data concerning health.
2.10 The Controller does not use automated decision-making methods that produce legal effects or significantly affect users, including profiling.
2.11 Personal data will be stored for the duration of the licence agreement and after the termination / expiration of the licence agreement for the period necessary to meet the requirements arising from separate regulations (including fiscal ones) and until the statute of limitations for claims arising from the licence agreement.
3. Use of Cookies
3.1 During usage of the Site a small text file (a cookie) is placed on the User’s appliance's hard drive.
3.2 Cookies are used by Photogenica only while using the Site. Cookies sent by the Site do not have any impact on the User’s appliance, on User's browser settings or on using websites other than the Site.
3.3 Photogenica uses cookies for following purposes:
a) facilitating usage of the Site - „cookies” can recognize User's appliance and adjust display of the Site accordingly, through application of a layout best matching individual requirements of User's appliance,
b) maintenance User's session after having signed in on the Site,
c) creating anonymous statistics of the Site.
3.3 Every User can self-manage "cookies" on his/her appliance, for example block them by changing appropriate settings of his/her browser. User grants Photogenica consent (or denies) to use "cookies" by configuring software on his/her appliance. In case of blocking "cookies" by the User, performance of certain functions of the Site may be limited.
4. Miscellaneous
4.1 Photogenica takes no responsibility and assumes no liability for any losses due to breaks in functioning of the Site. Photogenica does not assure or guarantee continuous access to any Content at the Site.
4.2 Photogenica may restrict User’s access to the Site if it is considered justified, in particular if the User uses the Site or the Content therein in any manner contrary to legal regulations or terms of this Site Usage Agreement.
4.3 Photogenica takes no responsibility and assumes no liability for consequences of revealing User's password to third parties by the User, regardless of the reasons of revealing it.
4.4 This Site Usage Agreement is binding to Site Users, as well as to their employers, if the User is using this Site on behalf of his/her employer. If the User is using the Site within the scope of fulfilling his/her employee’s duties, as a contractor or a licensor, the User assures that the User is doing this to the knowledge and consent of such entity.
4.5 Photogenica reserves the right to change herein regulations at Photogenica's own discretion, whereas the User is bound with the current version.
If you accept this Photogenica site Usage Agreement, submit the registration form. If you have any doubts, or remarks, do not hesitate to contact us at: info@photogenica.eu
