Terms of Use for the provision of electronic services and Privacy Policy
 

The website is our showcase and source of information about our activities. We use cookies, however, for statistical and optimisation purposes.

If you have any doubts, we encourage you to read the following Terms and Conditions of our provision of electronic services and Privacy Policy.

Should any provisions of the Terms and Conditions not be clear to you, please contact us directly to clarify any ambiguities.
 

 

§ 1 Definitions
 

The following terms used in the Terms and Conditions of Use shall be understood as follows:

1.             Terms and Conditions - this document, which sets out the rules for the use of the Website, including the types and scope of the Services, the terms and conditions for the provision of these Services, the procedure for making complaints, as well as the Privacy Policy applicable to the Website.
 

2.             GDPR - Regulation (EU) 2016/679 of the European Parliament and of 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 (General Data Protection Regulation).
 

3.             Website - the Internet platform made available to Users through the Internet atwww.tpaprocki.pl
 

4.             Services - services provided electronically by the Service Provider to the User through the Website in accordance with the Terms and Conditions.
 

5.             Service Provider - Paprocki Wojciechowski Adwokaci sp. p. with its registered office in Warsaw, ul. Złota 71 lok. 4,00-819 Warsaw, NIP: 5272992343, REGON: 521433744, entered into the Register of Entrepreneurs of the National Court Register under KRS no.: 0000957345, e-mail address (electronic address): kancelaria@tpaprocki.pl.
 

6.             User - a natural person using the Services provided by the Service Provider through the Website.
 
 

 

§ 2 General provisions. Rules for the provision of the Services
 

1.             The agreement for the provision of services by electronic means is concluded between the Service Provider and the User as soon as the User uses any of the Services.
 

2.             Before using the Services, the User is obliged to read its Terms and Conditions. The User may only use the Services in accordance with the provisions and to the extent indicated in these Terms and Conditions.
 

3.             The Service Provider shall enable each User to obtain, display and save the Terms and Conditions free of charge by means of the ICT system used by the Service Recipient.
 

4.             The Website is available through the Internet as a resource of the ICT system within the meaning of Article 2, item 3) of the Act on Rendering Electronic Services of 18 July 2002 (Journal of Laws No. 144, item 1204, as amended, hereinafter referred to as the “Act on Rendering Electronic Services”).
 

5.             Proper operation of the Website requires access to the Internet, possession of a device enabling the use of the Internet resources (e.g. a computer, smartphone) and a properly configured Internet browser conforming to generally accepted standards in this respect.
 

6.             The Services are free of charge. As part of the Services, the Service Provider shall make the Website available to the Users to enable them to read the content presented by the Service Provider in order to inform them of the scope of the Service Provider's activities and the services it provides, as well as to enable them to contact the Service Provider.
 

7.             The Service Provider reserves itself the right to place advertisements on the Website regarding the services offered in the forms used in the Internet, respecting the rules of professional ethics applicable to it.
 

8.             Pursuant to Article 5(5) of the Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws No. 144, item 1204, as amended), the Service Provider indicates that it holds the professional title of an Advocate, granted in Poland, entry number in the Register of Advocates kept by the Polish Bar Council - WAW/Adw/7816. For the profession of an advocate, there are rules of professional ethics regulated by resolutions of the Polish Bar Council, available on its website (Set of Principles for Advocates' Ethics and Dignity of the Profession - Code of Ethics for Advocates as amended).
 
 

 

§ 3 Terms of use of the Website by Users
 

1.             The User is obliged to use the Website in accordance with the provisions of these Terms and Conditions, the applicable law and the principles of social coexistence and good morals.
 

2.             The User may not publish any content on the Website.
 

3.             The User is obliged to refrain from any activities that may hinder or interfere with the functioning of the Website and the use of the Services in a way that is bothersome to others.
 

4.             Any action related to the use of information obtained through the Website regarding other entities and any action related to the use of any function of the Website for sending and posting of unsolicited commercial information (so-called spam) on the Website is unacceptable).
 

5.             The User may not copy or distribute any content, photographs, graphics (including the Service Provider's logo) or other materials made available on the Website without the Service Provider's prior consent, subject to paragraph 6 below.
 

6.             The User may share content made available by the Service Provider in the form of a link to the content published on the Website or on external platforms used by the Service Provider (e.g. Facebook, Linked.in, blog portals), however the User is then obliged to indicate the source of the content by including a reference to the page on the Website where the content was originally published.
 

7.             The User may not use the content made available on the Website for unlawful activities.
 
 

 

§ 4 Liability of the Service Provider
 

To the fullest extent permissible under applicable law, the liability of the Service Provider is excluded in respect of:

1.             any damage caused to any third party as a result of the Users' use of the Services in a manner contrary to the Terms and Conditions of Use or the law;
 

2.             unavailability of the Website for reasons beyond the Service Provider's control, including interruptions in access to the Website preventing use of the Services, caused by the need to rectify failures, test hardware and software, maintain or update the Website or its servers;
 

3.             damage suffered by the Website Users as a result of incorrect saving or reading of the information made available on the Website;
 

4.             loss of data by the User due to external factors or other circumstances beyond the Service Provider's control;
 

5.             technical problems with the operation of the Website arising for reasons beyond the Service Provider's control, including those caused by the Force Majeure event or by malfunctions of the Internet network.
 
 

 

§ 5 Complaints
 

1.             The User may submit a complaint concerning the operation of the Website and the Services by e-mail to the Service Provider's e-mail address, i.e.kancelaria@tpaprocki.pl, describing the problem that has arisen and the proposed solution.
 

2.             The User shall provide in the complaint: (1) his/her identification data enabling the complaint to be processed, (2) indicate the subject of the complaint and (3) explain the circumstances justifying the complaint.
 

3.             The Service Provider shall consider the complaint within 14 days from the date of its submission.
 

4.             In the event that the User needs to supplement the complaint and clarify the subject matter of the complaint, the time limit for processing the complaint shall run from the date on which the last required document is delivered to the Service Provider's e-mail address or the last required information is provided by the User.
 

5.             The Service Provider shall inform the User about the consideration of the complaint at the e-mail address indicated by the User.
 
 

 

§ 6 Cookies
 

1.             The Service Provider reserves itself the right to place cookies on Users' devices in order to facilitate their navigation and the correct operation of the Website. Cookies are short text files saved by the Service's ICT system in the User's ICT system (i.e. on the hard drive in the computers of persons visiting the pages of the Website) mainly for the purpose of identifying the Users on the Website and collecting general information on the way the Website is used. The cookie data may also contain end device identification data, which will only be used for statistical and security purposes. The ‘cookies’ do not contain any information linked to the Users' personal data. The information stored in a cookie file can be read by the Service Provider's Website server when the User reconnects from his/her computer and uses the Website.
 

2.             The User is not obliged to use cookies and may prevent cookies from being stored at any time using the settings of his/her Internet browser. Disabling cookies does not prevent the use of the Website, but it may cause certain difficulties in this respect and, in some cases, even prevent the use of certain Services.
 

3.             Cookies are placed in the Service User's terminal equipment and may also be used by partners cooperating with the Service Operator. Some cookies are generated on the basis of actions performed by the User in order to transmit information on the fact of such an action to the application. Partners may place cookie files on the Website for the purpose of gathering aggregated statistical data about Website Users.
 

4.             The Website uses cookies with the following functionalities:

1.             statistical and analytical cookies,
 

2.             cookies related to the functioning of the Website,
 

3.             cookies which store information that makes it possible to change the functionality or visual appearance of the Website, and which relate to the language version or the location of the User,
 

4.             cookies containing information relating to the security of the operation of the Website (confirmation that the User is not a bot),
 

5.             cookies which indicate that the User has accepted the use of cookies on the Website, thus avoiding the need to repeat giving the consent to the use of cookies on the Website each time the User visits the Website,
 

6.             cookies, which help the Service Provider to understand how the User uses the Website. This tool may use a set of cookies to collect information and generate reports with statistics about the use of the Website by the User. Data collected do not allow identification of individual Users.
 

7.             cookies that are used to distinguish the Users,
 

8.             cookies used for marketing purposes.
 

5.             The Website uses the following cookies:

1.             acf – Advanced Custom Fields – used to provide functions between pages
 

2.             cookielawinfo-checkbox-* – containing a message as to whether the information on the Privacy Policy has been accepted and to what extent
 

3.             CookieLawInfoConsent – containing a message as to whether the information on the Privacy Policy has been accepted and to what extent
 

4.             „viewed_cookie_policy” – containing a message about whether or not the information about the Privacy Policy has been displayed
 

5.             wp-settings-* – standard cookies from the WordPress system (the engine for the Website), storing the User's preferences regarding the Website
 

6.             wp-settings-time-* – WordPress system cookies (the engine for the Website), storing the User's preferences regarding the Website
 

7.             wordpress_test_cookie – cookies verifying whether cookies can be placed
 

8.             wordpress_logged_in_* – cookies verifying the behaviour of Users who are logged in; due to the functionality of the Website, these cookies are not available to visitors to the Website and any third parties,
 

9.             ppl_language – Polulagn functionality cookies containing a record of language preferences
 

10.         _lscache_vary – Litespeed functionality cookies to prevent cached pages
 

11.         wfwaf-authcookie – Wordfence functionality cookies verifying that the User is logged in, due to the functionality of the Website they are not available to visitors to the Website and any third parties,
 

12.         Google Maps API – cookies of functionalities provided by Google for marketing and statistical purposes, storing user data, collecting the user's IP address and location. These cookies are provided by an external service provider.
 

13.         A detailed description of the functionality of the aforementioned cookies, including technical data, is available via the portal of https://cookiedatabase.org.
 

6.             In order to monitor the Website, the Service Provider may use analysis software belonging to third parties, such as Google Analytics. Google Analytics can be deactivated by means of a browser extension, which can be downloaded from the website: https://tools.google.com/dlpage/gaoptout.
 
 

 

§ 7 Information on personal data processing
 

1.             The provision of data by the User as part of the use of the Website - such as IP address together with location or data collected by cookies referred to in § 6, as well as personal data provided for the purpose of lodging a complaint referred to in § 5 of the Terms and Conditions of Use (“Complaint”) - such as name, surname, pseudonym or e-mail address, is voluntary. The Service Provider does not require Users to provide any data, and the extent of data disclosed by the Users in the context of the use of the Website, possible Complaints or contacting the Service Provider for any other purpose, depends exclusively on the decision and will of the User.
 

2.             The controller of the personal data of the Website Users is the Service Provider.
 

3.             The User may contact the Service Provider regarding compliance with the data protection rules by e-mail at kancelaria@tpaprocki.pl or in writing at the following address: Paprocki Wojciechowski Adwokaci sp. p., ul. Złota nr 71, lok. 4, 00-819 Warsaw.
 

4.             The Service Provider shall ensure control over the type and scope of personal data processed, the period and manner of processing, as well as the persons authorised to process such data, and shall make the utmost effort to protect the information and personal data it collects. The Service Provider shall ensure adequate administrative, technical and physical protection of personal data against accidental, unlawful or unauthorised damage, loss, modification, access, disclosure or use of them.
 

5.             The Service Provider shall take measures to destroy or permanently de-identify personal data if this is required by applicable law or if the personal data are no longer necessary for the purpose for which they were collected.
 

6.             The Service Provider will process the Users' personal data:

1.             on the basis of cookies, after the User has given his/her consent to the use of such files - for statistical and marketing purposes, without establishing the User's identity and in a manner that does not allow for the identification of the User or the establishment of direct contact with the User, on the principles resulting from the technical solutions provided by the provider of cookies,
 

2.             in case of the provision of data in the course of the complaint procedure by the User - only for the purpose of possible acceptance and consideration of the Complaint or for the purpose of replying to the User with regard to the contact established with the Service Provider for another reason in connection with the functioning of the Website or the Service Provider's activity,
 

3.             in case the User makes contact with the Service Provider through the Website - for the purpose of contacting the User after the User has made a request for contact from the Service Provider, whereby for the provision of possible legal advice or other services other than those described in these Terms and Conditions of Use it is necessary to conclude a separate agreement with the Service Provider and to give consent to the processing of data in the scope specified therein.
 

7.             The legal basis for the processing of the User’s personal data for the purposes indicated above is: (1) Article 6(1)(a) of the GDPR (if the User's due consent to the processing of personal data has been given), (2) Article 6(1)(b) of the GDPR (if the processing of the User's personal data is necessary for the performance of the agreement for the provision of Services by electronic means concluded between the User and the Service Provider), and (3) Article 6(1)(f) of the GDPR (with regard to the handling of complaints and the provision of services on the Website in connection with the technical solutions of the Website).
 

8.             The User’s personal data of shall be processed until: (1) within a maximum of 3 years from the User's submission of the Complaint - in the scope of the personal data provided for the purpose of the Complaint, (2) within a maximum of 3 years from the User's contacting the Service Provider for another purpose - in the scope of the personal data provided for the purpose of such communication, or (3) until the User withdraws his/her consent to the processing of such data or the User to whom the data refer requests the deletion or restriction of the processing of the data to whom the data refer - in other cases.
 

9.             The Service Provider shall only retain personal data for as long as is necessary to fulfil the purpose for which the personal data was collected, unless otherwise required by applicable law.
 

10.         The User’s personal data may be stored in order to assert claims, fulfil legal obligations, including in particular tax and accounting obligations and prevent fraud and abuse.
 

11.         The User’s personal data may be transferred to entities providing services in the scope of servicing the IT systems of the Website to the extent necessary to ensure proper operation of the Website in a non-direct manner and not for the purpose of processing (granting access to the back-end of the Website, which at the same time includes functional access to specific databases), as well as to other entities authorised to receive such data on the basis of valid legal regulations.
 

12.         The User’s personal data will not be transferred outside the European Economic Area.
 

13.         The User shall have the right at any time to:

1.             withdraw any consent he/she has given for the processing of his/her personal data when using the Services and the Website. The withdrawal of consent has effect from the moment of withdrawal. The withdrawal of consent does not affect processing carried out by the Service Provider in accordance with the law prior to its withdrawal. The withdrawal of consent does not entail any negative consequences for the User, but may prevent further use of certain Services to the extent indicated in the Terms and Conditions of Use.
 

2.             object to the processing of the User's personal data. If the objection proves to be well-founded, the Service Provider shall cease processing the User's personal data and delete it immediately.
 

3.             request the erasure of all or some of the User's personal data, in particular if: (1) the User has withdrawn specific consent, to the extent that the personal data was processed based on the User's consent, (2) the User's personal data is no longer necessary for the purposes for which it was collected or for which it was processed, (3) the User has objected to the use of his/her personal data and the objection has been found to be legitimate, (4) the User's personal data is processed unlawfully.
 

4.             request the restriction of the processing of the User's personal data, in particular if: (1) the User's personal data are no longer necessary for the purposes for which they were collected or used, (2) the User questions the accuracy of their personal data; (3) the processing of the User's personal data is unlawful
 

5.             access the User's personal data,
 

6.             obtain a copy of the User's personal data,
 

7.             rectify and complete the User's personal data,
 

8.             transfer the User's personal data,
 

9.             obtain detailed information on the purposes for which the User's personal data are processed, the categories of personal data processed, the recipients or categories of recipients of such data, the intended period of storage of such data or the criteria for determining that period, the source of such data, automated decision-making, including profiling, and the safeguards applied in connection with the possible transfer of such data outside the European Union, as well as on the User's rights under the GDPR and the right to lodge a complaint with a supervisory authority to the extent that the Service Provider is obliged to inform the User of these matters under the applicable legislation.
 

14.         The User has the right to lodge a complaint with the President of the Data Protection Authority  (www.uodo.gov.pl), if he/she believes that his/her data protection rights or other rights granted to him/her under the GDPR have been violated.
 
 

 

§ 8 Final provisions
 

1.             These Terms and Conditions of Use shall enter into force on the date of their publication on the Website and shall apply from that date.
 

2.             These Terms and Conditions of Use may be amended due to changes in applicable laws or changes to the functionality of the Website.
 

3.             The provisions of the Terms and Conditions of Use are not intended to exclude or restrict the rights of the User under the provisions of generally applicable law in respect of any consumer rights.
 

4.             In the event of any inconsistency between the provisions of these Terms and Conditions of Use and mandatory rules of universally applicable law, these rules shall prevail.
 

5.             Any disputes between the Service Provider and the User will be resolved in the first instance by negotiation, with the intention of settling them amicably. The User should first use the complaint procedure, before possibly filing a lawsuit.