Newsletter policy

in the SkinVibe store

CONTENTS
§ 1 Definitions
§ 2 Contact with the Service Provider
§ 3 Technical requirements
§ 4 Agreement
§ 5 Complaints
§ 6 Right of withdrawal from the Agreement
§ 7 Personal data
§ 8 Changes to the Terms or the Newsletter
§ 9 Final provisions

§ 1 DEFINITIONS

§ 2 CONTACT WITH THE SERVICE PROVIDER

1. Postal address: ul. Christo Botewa 6B/B4, 30-798 Kraków, Poland
2. Email address: contact@skinvibe.eu (EU) or contact@skinvibe.global (other countries)
3. Phone: +48 690 287 784
4. The cost of a telephone call or data transmission made by the Service Recipient results from the basic tariff of the telecommunications operator or internet service provider used by the Service Recipient. The Service Provider notes that the cost of an international call or international data transmission may be higher than the cost of a domestic call or transmission - depending on the tariff of the telecommunications operator or internet service provider used by the Service Recipient.

§ 3 TECHNICAL REQUIREMENTS

1. To use the digital content covered by the Terms, the following are required:
   • an active email account;
   • a device with internet access;
   • a web browser supporting JavaScript and cookies.

§ 4 AGREEMENT

1. The Service Recipient may voluntarily subscribe to the Newsletter.
2. To receive the Newsletter, it is necessary to conclude the Agreement.
3. Emails sent under the Agreement will be sent to the email address provided by the Service Recipient when concluding the Agreement.
4. To conclude the Agreement, the Service Recipient first enters, in the place provided for this purpose in the Store, the email address at which they wish to receive messages sent under the Agreement. Upon subscribing to the Newsletter, the Agreement is concluded for an indefinite period and the Service Provider starts performing it for the Service Recipient - subject to paragraph 5. Where the Service Provider asks the Service Recipient to confirm the subscription by clicking a link sent to the email address provided, the Agreement is concluded when the subscription is confirmed.
5. For the Agreement to be performed properly, the Service Recipient is obliged to provide a correct email address.
6. The Newsletter is delivered promptly after the Service Provider creates the messages intended for Service Recipients.
7. Messages sent as part of the Newsletter will contain information about the possibility of unsubscribing from it, as well as an unsubscribe link.
8. The Service Recipient may unsubscribe from the Newsletter at any time, without giving a reason and without incurring any costs, using the option referred to in the previous provision or by sending a message to the Service Provider's email address given in § 2 of the Terms.
9. Using the unsubscribe link or sending a message requesting to be unsubscribed from the Newsletter will result in the immediate termination of the Agreement.

§ 5 COMPLAINTS

I GENERAL PROVISIONS

1. The Service Provider asks that complaints concerning the digital content covered by the Terms be submitted to the postal or email address given in § 2 of the Terms.
2. The Service Provider will respond to a complaint within 14 days of receiving it.

II PRIVILEGED SERVICE RECIPIENTS

3. The Service Provider is liable to the Privileged Service Recipient for the conformity of the performance with the Agreement, as provided for by generally applicable law, in particular by the provisions of the Polish Consumer Rights Act.
4. If the Service Provider performs the Agreement improperly, the Privileged Service Recipient may exercise the rights set out in Chapter 5b of the Polish Consumer Rights Act.
5. If the Service Provider has not supplied the digital content covered by the Agreement, the Privileged Service Recipient may call on the Service Provider to supply it. If the Service Provider nevertheless does not supply the digital content covered by the Agreement promptly or within an additional period expressly agreed between the Privileged Service Recipient and the Service Provider, the Privileged Service Recipient may withdraw from the Agreement.
6. The Privileged Service Recipient may withdraw from the Agreement without calling for the supply of the digital content covered by the Agreement if:
   • it is clear from the Service Provider's statement or from the circumstances that the Service Provider will not supply the digital content covered by the Agreement, or
   • the Privileged Service Recipient and the Service Provider have agreed, or it clearly follows from the circumstances in which the Agreement was concluded, that a specific time for supplying the digital content covered by the Agreement was essential for the Privileged Service Recipient, and the Service Provider did not supply it within that time.
7. The Service Provider is liable for any lack of conformity of the Newsletter with the Agreement which - since the Newsletter is supplied continuously - occurred or became apparent during the period in which it was to be supplied under the Agreement.
8. If the digital content covered by the Terms is not in conformity with the Agreement, the Privileged Service Recipient may request that it be brought into conformity with the Agreement.
9. If the digital content covered by the Terms is not in conformity with the Agreement, the Privileged Service Recipient is obliged to cooperate with the Service Provider, to a reasonable extent and using the technical means least burdensome for them, in order to establish whether the lack of conformity at the relevant time results from the characteristics of the Privileged Service Recipient's digital environment.
10. In addition, if the digital content covered by the Terms is not in conformity with the Agreement, the Privileged Service Recipient may make a declaration of withdrawal from the Agreement where:
    • bringing that digital content into conformity with the Agreement is impossible or would require excessive costs within the meaning of Article 43m(2) and (3) of the Polish Consumer Rights Act;
    • the Service Provider has not brought the digital content covered by the Terms into conformity with the Agreement within a reasonable time from the moment it was informed by the Privileged Service Recipient of the lack of conformity, and without excessive inconvenience to the Privileged Service Recipient, taking into account the nature of the content and the purpose for which it is used;
    • the lack of conformity of the digital content covered by the Terms with the Agreement persists even though the Service Provider has tried to bring it into conformity with the Agreement;
    • the lack of conformity of the digital content covered by the Terms with the Agreement is so significant that it justifies withdrawal from the Agreement without first using the remedy set out in Article 43m of the Polish Consumer Rights Act (i.e. a request to bring the digital content into conformity with the Agreement);
    • it is clear from the Service Provider's statement or from the circumstances that it will not bring the digital content covered by the Terms into conformity with the Agreement within a reasonable time or without excessive inconvenience to the Privileged Service Recipient.

III OUT-OF-COURT COMPLAINT AND REDRESS PROCEDURES

11. The Service Provider informs the Consumer of the possibility of using out-of-court complaint and redress procedures. The rules of access to these procedures are available at the offices or on the websites of entities authorised to resolve disputes out of court. The Consumer may use, among others:
    • the assistance of the relevant European Consumer Centre from the Network of European Consumer Centres. The Centres provide information on consumer rights and help to resolve disputes in the case of cross-border purchases. The assistance of the European Consumer Centres is generally free of charge. The list of Consumer Centres relevant to a given country can be found at: ECC-Net
12. The preceding provision is for information purposes only and does not constitute an obligation on the part of the Service Provider to use out-of-court dispute resolution methods.
13. The use of out-of-court complaint and redress procedures is voluntary for both the Service Provider and the Consumer.
14. Consumers may also seek free assistance from their local consumer protection authority.

§ 6 RIGHT OF WITHDRAWAL FROM THE AGREEMENT

1. The Privileged Service Recipient has the right to withdraw from the Agreement concluded with the Service Provider within 14 days without giving any reason.
2. The withdrawal period expires 14 days after the day on which the Agreement was concluded.
3. To exercise the right of withdrawal, the Privileged Service Recipient must inform the Service Provider, using the details given in § 2 of the Terms, of their decision to withdraw from the Agreement by means of an unequivocal statement (for example, a letter sent by post or email).
4. The Privileged Service Recipient may use the model withdrawal form included at the end of the Terms, but this is not obligatory.
5. To meet the withdrawal deadline, it is sufficient for the Privileged Service Recipient to send the communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.

§ 7 PERSONAL DATA

1. The controller of the personal data provided by the Service Recipient in connection with the Agreement is the Service Provider. Detailed information on the processing of personal data by the Service Provider - including the other purposes and legal bases of processing and the recipients of the data - can be found in the privacy policy available in the Store, in line with the principle of transparency set out in the General Data Protection Regulation of the European Parliament and of the Council (EU) - "GDPR".
2. The Service Recipient's data is processed for the following purposes:
   • performance of the Agreement; the legal basis for processing personal data in this case is the Agreement or steps taken at the request of the Service Recipient with a view to concluding it (Article 6(1)(b) GDPR);
   • analysis of the effectiveness of messages sent under the Agreement in order to establish general rules for effective mailing in the Service Provider's business; the legal basis for processing personal data for this purpose is the legitimate interest of the Service Provider (Article 6(1)(f) GDPR);
   • establishing, pursuing or defending any claims related to the Agreement; the legal basis for processing personal data for this purpose is the legitimate interest of the Service Provider (Article 6(1)(f) GDPR).
3. Providing data is voluntary, but necessary to conclude the Agreement and to supply the digital content covered by it. If the data is not provided, the Agreement cannot be concluded and the Service Provider will not supply the digital content covered by it.
4. The Service Recipient's data will be processed until:
   1. the Agreement ceases to be in force;
   2. the Service Recipient or the Service Provider can no longer pursue claims related to the Agreement;
   3. the Service Recipient's objection to the processing of their personal data is accepted - where the processing was based on the legitimate interest of the Service Provider
   - whichever applies in the given case.
5. The Service Recipient has the right to request:
   1. access to their personal data,
   2. rectification of the data,
   3. erasure of the data,
   4. restriction of processing,
   5. transfer of the data to another controller,
      and also the right:
   6. to object at any time, on grounds relating to the Service Recipient's particular situation, to the processing of personal data concerning them which is based on Article 6(1)(f) GDPR (i.e. on the legitimate interests pursued by the Service Provider).
6. To exercise their rights, the Service Recipient should contact the Service Provider.
7. If the Service Recipient considers that their data is being processed unlawfully, they may lodge a complaint with the competent data protection authority. In Poland, this is the President of the Personal Data Protection Office (UODO). Service Recipients in other countries may also contact their local supervisory authority.

§ 8 CHANGES TO THE TERMS OR THE NEWSLETTER

1. The Service Provider reserves the right to amend the Terms only for important reasons. An important reason means the need to amend the Terms due to:
   1. a change in the functionality of the Newsletter requiring an amendment of the Terms, or
   2. a change in the law affecting the performance of the Agreement by the Service Provider, or the adaptation of the services to recommendations, guidelines, orders or prohibitions, judgments, rulings, interpretations or decisions of competent public authorities, or
   3. a change in the Service Provider's contact or identification details.
2. Information about a planned amendment of the Terms will be sent to the Service Recipient's email address provided when concluding the Agreement at least 7 days before the amendments enter into force.
3. If the Service Recipient does not object to the planned amendments before they enter into force, they are deemed to have accepted them, which does not prevent them from terminating the Agreement in the future.
4. If the Service Recipient does not accept the planned amendments, they should send information about this to the Service Provider's email address given in § 2 of the Terms, which will result in the termination of the Agreement when the planned amendments enter into force.
5. The Service Provider may make a change to the Newsletter that is not necessary to keep it in conformity with the Agreement, for the reason referred to in paragraph 1(b) or due to a change in the functionality of the Newsletter. Such a change will not involve any costs for the Privileged Service Recipient. Paragraphs 2-4 apply accordingly.
6. If the change referred to in the previous provision significantly and negatively affects the Privileged Service Recipient's access to or use of the Newsletter, the Service Provider will send to the Privileged Service Recipient's email address, reasonably in advance and on a durable medium, information about the characteristics and timing of the change and about the rights of the Privileged Service Recipient in connection with it.

§ 9 FINAL PROVISIONS

1. The Service Recipient is prohibited from providing unlawful content.
2. The Agreement is concluded in English.
3. The Agreement concluded under these Terms is governed by Polish law, subject to paragraph 4.
4. The choice of Polish law for an Agreement concluded under the Terms with a Consumer does not deprive the Consumer of, or limit, the rights granted to them by the mandatory provisions of law that would apply to that Consumer in the absence of a choice of law. This means in particular that if the national provisions applicable to a given Consumer provide for broader protection than that resulting from these Terms or from Polish law, that broader protection applies.
5. In the event of a dispute related to the Agreement with a Service Recipient who is not a Privileged Service Recipient, the competent court will be the court having jurisdiction over the registered office of the Service Provider.