Terms and Conditions of
the Support DailyArt website
determining in particular the terms of making Donations towards DailyArt.
TABLE OF CONTENTS
- 1 Definitions
- 2 DailyArt contact details
- 3 Technical requirements
- 4 Donations
- 5 Making donations
- 6 Complaints
- 7 Personal data
- 8 Final provisions
- 1 DEFINITIONS
Application – a mobile DailyArt application for IOS and Android.
Donation – a free-of-charge cash benefit towards DailyArt made by a Supporter (contribution).
Consumer – a consumer within the meaning of Directive 2011/83/EU of the European Parliament and the Council of 25 October 2011 on consumer rights.
Supporter – each entity making a donation towards DailyArt; in the case of a natural person – a person of legal ageand with full capacity for acts in law who makes a donation towards DailyArt.
Terms and Conditions – these Terms and Conditions.
Website – the DailyArt website administered by DailyArt at the following address: https://www.support.getdailyart.com/.
DailyArt – ZUZANNA ALINA STAŃSKA, an entrepreneur conducting an economic activity under the business name ZUZANNA STAŃSKA MOISEUM, entered into the Central Registry and Information on Business Activity kept by the minister competent for economy and for maintaining Central Registry and Information on Business Activity, NIP number (Polish Tax Identification Number) 5252357537, REGON number (Polish National Business Registry Number) 145989375, Aleja Wojska Polskiego 27/38, 01-515 Warsaw.
Agreement – a donation agreement concluded on the basis of the Terms and Conditions between DailyArt and the Supporter.
- 2 DAILYART’S CONTACT DETAILS
- Forwarding address: Aleja Wojska Polskiego 27/38, 01-515 Warsaw
- E-mail address: [email protected]
- 3 TECHNICAL REQUIREMENTS
- Proper functioning of the Website requires:
a device with Internet access;
- In order to make a Donation, apart from the requirements referred to in subs. 1 and making a payment in the form of a bank transfer, it is also necessary to have an active e-mail account, as well as – depending on the method selected to make a Donation – a bank account, a payment card or a PayPal account.
- 4 DONATIONS
- DailyArt uses its Website to collect funds for the development of its project consisting in creating a new version of the Application.
- Making a Donation for the purpose indicated in subs. 1 is entirely voluntary and dependant on the Supporter’s will.
- In order to make a Donation, the Supporter selects the relevant functionality of the Website.
- In the next step, the Supporter specifies the Donation amount, as well as the method (one of the methods indicated in § 5) and the Donation model (one-time or recurring).
- Detailed information on the fundraiser (including its aim and the progress in obtaining funds) is available on the Website.
- The Agreement is concluded upon the transferring of the pledged cash benefit (making a Donation).
- 5 MAKING A DONATION
- Depending on the method selected by the Supporter – subject to subs. 2, a Donation can be made via:
- a regular transfer to DailyArt’s bank account,
- a payment platform,
- using a payment card:
- Visa Electron;
- MasterCard Electronic;
- In the case of Donations made using the recurring variant, the method indicated in subs. 1 letter b. should be selected. Subject to subs. 3 and 4, the Supporter will be charged with the Donation amount on the same day of each subsequent moth , as the day on which the first contribution was made.
- In the event that there is no day corresponding with the day of the first contribution in a given month, the Donation will be charged on the last day of the month.
- In the case when on the days referred to in subs. 2 and 3, the balance on the Supporter’s account is not sufficient in relation to the declared amount, the attempt to charge the Donation will be repeated.
- The Supporter may at any time decide to cease making recurring variant Donations by using the account on the payment platform used to make the recurring payments.
- 6 COMPLAINTS
- In the event of objections regarding the scope of functioning of the Website, the Supporter may file a complaint.
- DailyArt requests that complaints be sent to the e-mail address specified in section 2 of the Terms and Conditions.
- DailyArt will review the complaint within 30 days.
OUT-OF-COURT COMPLAINT AND REDRESS MECHANISM
- In case where the complaint procedure fails to bring the expected results, the Consumer may use, i.a.:
- the assistance of a competent European Consumer Centre of the EEC-Net. Such Centres provide Consumers with information about their rights and assist them in solving individual problems with cross-border transactions.
The assistance of Consumer Centres is free of charge by default.
A list of Consumer Centres competent for each country can be found at:
- On-line Dispute Resolution (ODR) developed by the European Commission, available at: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=E.
Furthermore, the following support options are available in the Republic of Poland:
- mediations conducted by the locally competent Regional Trade Inspector, to whom an application for mediation should be directed. The proceedings are usually free of charge. The list of Inspectorates is available at the following address: https://www.uokik.gov.pl/wazne_adresy.php#faq595;
- assistance of the locally competent permanent consumer court of arbitration operating with the Regional Trade Inspector, where an application for a review before the arbitration court should be submitted. The proceedings are usually free of charge. The list of courts is available at the following address: https://www.uokik.gov.pl/wazne_adresy.php#faq596;
- free-of-charge assistance of the municipal or poviat consumer advocate.
- 7 PERSONAL DATA
- The purpose of DailyArt processing the Supporter’s personal data provided by the Supporter in relation to making a Donation is acceptance and settlement of the Donation. The basis for the processing of personal data in this case is as follows:
- the agreement or activities undertaken upon the Supporter’s request aiming at its conclusion (Article 6 (1) (b) of the GDPR),
- the DailyArt’s legal obligation related to accountancy (Article 6(1)(c) of the GDPR) and
- DailyArt’s legitimate interest consisting in the processing of data to determine, assert or defend possible claims (Article 6 (1) (f) of the GDPR).
- Providing data by the Supporter is voluntary, but at the same time it is necessary for concluding an agreement (making a Donation) to be possible. Failure to provide data prevents the conclusion of an agreement with DailyArt.
- The Supporter’s data provided in relation to making a Donation will be processed until:
- the agreement concluded between DailyArt and the Supporter expires;
- the DailyArt ceases to be legally obliged to process the Supporter’s data;
- the end of the period during which the enforcement of claims by the Supporter or DailyArt related to the donation agreement referred to in the Terms and Conditions is possible;
- the Supporterr’s objection against the processing of his/her personal data is accepted – if DailyArt’s legitimate interest was the basis for data processing
– depending on whichever is applicable in that case and whichever takes place at the latest.
- The User has the right to:
- access his/her personal data,
- change them,
- erase them,
- restrict their processing,
- transfer his/her data to another data controller, as well as the right to:
- object at any time to the processing of data for reasons related to the Supporterr’s specific situation –tothe processing of personal data concerning him/her, based on Article 6(1)(f) of the GDPR (i.e. on a legitimate interest pursued by the controller).
- In order to exercise his/her rights, the Supporter should contact DailyArt using the data from § 2 of the Terms and Conditions.
- If the Supporter believes that his/her data are not processed in accordance with the law, he/she can file a complaint to the President of the Personal Data Protection Office.
- 8 FINAL PROVISIONS
- The user of the Website is forbidden to provide content of unlawful nature.
- Each time, a Donation towards DailyArt constitutes a separate donation agreement, subject to subs. 3. The contract is concluded for the time and for the purpose of processing the Donation.
- In the case of recurring Donations, the agreement is concluded for an indefinite period of time, until the Supporter withdraws his/her payment order in regard to further payments.
- Agreements concluded pursuant to the Terms and Conditions are concluded in English.
- In the event of any dispute arising between the Supporter, who is not a Consumer,and DailyArt, the dispute will be submitted to the court competent for DailyArt’s registered office.
- DailyArt’s liability in relation to the Supporter who is not a Consumer is excluded within the legal boundaries.
- In the case of Supporters who are not Consumers, the law applicable to any matters related to the Terms and Conditions is Polish law. In the case of Supporters who are Consumers, the Polish law is applicable, however the choice of Polish law is made without prejudice to the protection provided to consumers by way of mandatory provisions of the law of the state of their habitual residence, as well as European or other law applicable to the Consumer – in accordance with the provisions of the Regulation (EC) No. 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I Regulation); this means in particular that if a consumer-specific national law provides for wider protection than that resulting from these Terms and Conditions or the Polish law – this broader protection is applied.
- Should any provision of these Terms and Conditions lead to a limitation of the Consumer’s rights under applicable mandatory provisions of law (including those applicable under the Rome I Regulation), the use of which may not be limited or excluded in relation to the Consumer – such provisions do not apply in relation to Supporters who are Consumers.