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These Terms of Service prescribe the terms and conditions of use of the website available at the address https://shaun.video.
Agreement - an agreement for the provision of Services concluded between the Service Provider and the Customer, the general provisions of which are prescribed by these Terms of Service
Character - an animated figure being a character from a film or animated series or an natural person whose image is used in the Film
Consumer - Consumer a natural person performing a legal transaction which is not directly related to the business or professional activity of such person, with an entrepreneur (i.e. the Service Provider)
Content - customised content, such as text material or pictures, which are elements of the Film, provided by the User
Customer - the User or entity represented by the User, concluding agreements with the Service Provider, for and on behalf of whom the Order is filed
Film - a video recording featuring the Character and complemented with the Content, produced and created by the User through the Platform, which is the object of the Order
Order - a declaration of Userâs intent which directly results in the conclusion of a Film agreement and which states its relevant conditions, including particulars of the Film form, Recipient, Content and selected Character
Personal Data Protection and Privacy Policy - the document governing security of protecting and processing personal data of Users; the Privacy Policy supplements these Terms of Service and is available here [*] in the tab âPersonal Data Protectionâ
Platform - a website available at shaun.video
Processing Time - time in which the Order is executed, with the deliverable being the Film ready for sending
Recipient - a person to which the Film is directed
Service Provider - TiBi sp. z o.o. S.K.A. with its registered office in Warsaw (00-025) at ul. Krucza 50, entered in the register of entrepreneurs of the National Court Register (KRS) maintained by the District Court for the capital city of Warsaw in Warsaw, 12th Commercial Division of the National Court Register under number KRS: 0000720764, Tax Identification Number NIP: 7010805200, National Business Registry Number REGON: 369573017, share capital in the amount of: PLN 59,500.00, e-mail address of the Service Provider: kontakt@funwisher.com
Services - services provided by electronic means by the Service Provider on the basis of the Agreement which consist in provision of Platform functionalities, in particular functionalities enabling creation of the Film with the Content selected by the User and sharing such Film with the Recipient(s)
Terms of Service - these terms of service regulating the provision of Services through the Platform
User - a natural person with full or limited capacity to perform acts in law using the Platform upon the terms stated in the Terms of Service
2.1. These Terms of Service state the terms and conditions of use of the Platform, terms and conditions of provision of Services for the Users, as well as the rights and obligations of Users and the Service Provider, including the complaint procedure.
2.2. The Service Provider provides these Terms of Service to each User free of charge on the Platform prior to conclusion of the Agreement, as well asâupon his/her requestâin a manner which enables obtaining, copying and recording the content of the Terms of Service by means of a teleinformatic system used by the User.
2.3. The User may only use the Platform having acquainted with the Terms of Service and accepting their provisions. If the User refuses to accept the Terms of Service, he/she may not use the Platform.
3.1. As part of the Platform such Services are provided as: creating and sharing Films, storing Films, sending notifications related to Recipients, storing Content.
3.2. In order to enjoy all functionalities of the Platform, the User and Recipient must satisfy the following minimum technical requirements: (a) a device with the Internet access enabling correct display of the Platform interface, (b) an active e-mail account or phone number, (c) an installed Internet browser, updated to the latest version: Chrome, FireFox, Internet Explorer, Safari or Opera, (d) enabled cookie and JavaScript support.
3.3. It is not allowed to use the Platform in a manner contrary to the provisions of these Terms of Service, applicable legal provisions, good practices or rules of social co-existence. The User is not allowed to provide content of unlawful nature.
3.4. The Service Provider will not place on the Platform any offers filed in electronic form within the meaning of the provisions of the Civil Code. In particular, the provisions pertaining to filing an offer in electronic form are not applicable.
3.5. The Platform and its elements, including design and content, as well as the images of Characters are protected by copyright or other rights related to intellectual property. Such elements may not be reproduced, distributed or published, as a whole or in parts, by the User without consent of the Service Provider or Character, accordingly, as determined by Service functionalities. In particular, the User is not allowed under the Agreement to reproduce, publish, lend, dispose of or otherwise redistribute Platform elements, directly or indirectly, whether against charge or free of charge, otherwise than through the Service Provider.
3.6. The Service Provider has the right to modify elements and functionalities of the Platform or Services, whereby it guarantees that they will not entail deterioration of quality of the Services.
3.7. Detailed rules regarding operation of the Platform and particular Services are available on dedicated subpages.
4.1. Subject to the clauses below, natural persons who have attained the age of 18 and enjoy full capacity to perform acts in law may be Users.
4.2. If the User is between the age of 13 and 18, he/she may use the Services in a scope in which he/she may assume rights and incur obligations in accordance with the legal provisions applicable to the Customer. If the legal provisions applicable to the User require that he/she may use the Services only upon his/her legal custodianâs consent, upon conclusion of the Agreement, at the latest, such legal custodian must give his/her consent to such conclusion and use of the Services.
4.3. The legal custodian of the User between the age of 13 and 18 is obliged, upon each request of the Service Provider, to present the consents to conclude the Agreement and use the Services.
5.1. The purpose of the Order is to conclude a Film agreement, i.e. an agreement for provision of a Service which consists in creation and delivery of the Film to a specific Recipient or Recipients and keeping such Film available for 30 (thirty) days, unless the Order prescribes otherwise.
5.2. The User prepares the Order by individually selecting elements of the Service, in particular by providing Content and selecting a Character. Upon confirming his/her choice, the User confirms Customerâs personal data in the Order form, as well as payment mode. Having completed the Order, the User confirms it and sends it to the Service Provider by activating the âKupujÄ i pĹacÄâ (Buy and Pay) button.
5.3. In the course of placing the Order, until activating the âKupujÄ i pĹacÄâ button, it is possible for the User to identify and correct errors in the Order and to modify it through the Platformâs sale system. After that, the User may not change any particulars of the Order.
5.4. By placing the Order, the User makes an offer to conclude the Film agreement with the Service Provider on the terms as stated by him/her in the Order. The User may also file such offer for and on behalf of the Customer. The Film agreement is concluded upon Service Providerâs acceptance of such offer, upon Userâs receipt of the confirmation of the Order conditions sent by the Service Provider in an e-mail to the address stated by the User in the Order.
5.5. The content of the concluded Film agreement is fixed, secured and disclosed to the User by means of it being sent it to Userâs e-mail address indicated by him/her while placing the Order. The User who placed the Order and received the declaration on Service Providerâs acceptance of the offer will subsequently receive a digital document confirming conclusion of the Film agreement along with its content in the manner described in the preceding sentence.
5.6. The Order Processing Time is maximum 1 (one) day. The Processing Time commences upon crediting the payment on Service Providerâs bank account.
6.1. Upon execution of the Order, the User receives to his/her e-mail address or via text message a link to the relevant subpage of the Platform where the Film is available for downloading or sharing.
6.2. The Recipient may play or download the Film within 30 days from the lapse of the Order Processing Time, unless another period was stated in the Order. Upon the lapse of that period, the Film which has not been downloaded is deleted along with the Content.
6.3. The User may not use Films otherwise than for the purpose of sharing them with Recipients. The Film is shared with the Recipient in the manner prescribed by the Service Provider. Each attempt to change the manner in which the Film or Characterâs image is shared is deemed violation of the Terms of Service.
6.4. Updated information related to occurrence of particular threats connected with the use of Services, functionalities of digital content and protection means is available on the Platform.
6.5. A Film which has not been downloaded may be displayed only with access to the Internet. Fees for the Service do not include costs of data in the Internet connected with the use of the Service which are borne by the User/Recipient in accordance with the tariff of the used operator.
6.6. A downloaded Film may be displayed only by means of an operational device meeting the requirement of interoperability between digital content and computer equipment. The requirements referred to in the preceding sentence are available here [*]
7.1. The use of the Services provided by the Service Provider within the frames of the Platform is subject to charge on the terms and in the amounts prescribed in the pricelist. Prices are expressed as gross amounts and include VAT at a rate prescribed by the applicable provisions.
7.2. The total price of the Order is calculated according to the choices made by the User in the Order form, in compliance with the rates indicated there. The final binding price is indicated to the User in the Order summary upon its being sent to the Service Provider.
7.3. The User is obliged to make the payment for the Order at the latest upon conclusion of the Film agreement. The User makes payments through an external payment system PayU operated by PayU S.A. with its registered office in PoznaĹ.
7.4. Upon Consumerâs request a sales document in the form of an invoice is issued for the sold Service.
7.5. The prices and costs presented on the Platform may be changed (e.g. as part of a special offer). The terms and conditions pertaining to the Order may not be changed with regard to the User who placed an offer in the manner prescribed in the preceding clauses of the Terms of Service prior to a change of prices.
8.1. The User may add own materials, such as picture, pictures or text, to the Film. Any materials provided to the Platform by the User are deemed the Content. When providing the Content, the User warrants and represents that: (a) he/she is the owner or legal holder of the Content at least to the extent required under his/her commitment to abide by the provisions of these Terms of Service, (b) the Content does not infringe third personsâ rights, (c) using and managing the Content within the frames of the Services does not infringe third personsâ rights, (d) he/she releases the Service Provider from the liability on account of possible claims of persons holding the rights to the Content, in particular copyrights, who may seek their rights in connection with the use of the Content on the Platform, and undertakes to satisfy them in full, and to bear all costs incurred on that account by the Service Provider.
8.2. In order to avoid any doubt, upon providing the Content on the Platform the User grants the Service Provider a global licence to such Content with duration limited to the term of the Film agreement with the right to grant sublicences for the purpose of providing the Service and in the fields of exploitation necessary for provision of the Service.
8.3. The User may not place in the Order any Content which: (a) infringes rights or personal interests of third parties, (b) contains threats, incite aggression or contain elements of unlawful violence, (c) constitutes materials which may be used for unlawful, misleading, malicious or discriminating purposes, (d) evidently contradicts the rules of social co-existence, common moral and social norms or rules of ânetiquetteâ, (e) contains vulgarisms and phrases which may in any way violate someoneâs dignity, (f) serves marketing or commercial purposes, (g) damage the good reputation or dignity of the Character being a natural person, (h) propagates hatred based on race, nationality, denomination or worldview-related reasons, (i) infringes someoneâs privacy, (j) is of pornographic nature, or for other reasons is unsuitable for persons under the age of 18, (k) contains elements which propagate or are connected with weapons and firearms, alcoholic beverages, illegal drugs, pesticides, poisons and drugs, military organisations and political parties, sects and similar religious cults, pornography, prostitution and other products/services of such type.
8.4. The Service Provider applies technical means preventing provision of Content violating the Terms of Service, nevertheless the Service Provider does not monitor or supervise the Content or Films, therefore the Service Provider is not liable for data and materials provided on the Platform and disseminated by the Users.
8.5. If the Service Provider receives an official notice or a reliable advise on an unlawful character of the Content stored on the Platform or Userâs activity connected with it, then the Service Provider may prevent access to such Content, upon prior notification to the User via e-mail on the intent to prevent access to the Content and the reason for such action.
9.1. A Consumer may withdraw from an agreement without providing the reason by filing a declaration of withdrawal from the agreement with the Service Provider by filing a relevant declaration of will with the Service Provider (via e-mail) to the e-mail address: kontakt@funwisher.com. The term for withdrawing from an agreement is 14 days from its conclusion. In order to comply with the term referred to in the preceding sentence, it is sufficient to send the Service Provider, prior to its lapse, the declaration of withdrawal in the form referred to in the first sentence of this clause.
9.2. The withdrawal right does not apply in the case prescribed in Article 38.13 of the Act on consumerâs rights of 30 May 2014, i.e. in the case of an agreement for providing digital content which is not recorded on a physical data carrier if the provision of the performance has commenced upon express consent of the consumer prior to the lapse of the term prescribed for withdrawing from the agreement and upon the Service Providerâs notifying him/her on the loss of the right to withdraw from the agreement.
10.1. The Service Provider provides teleinformatic infrastructure and ensures its smooth technical operation, what constitutes the scope of its liability for the Platform and the Services.
10.2. The Service Provider is not liable for any damage resulting from:
10.2.1. Userâs culpable violation of the provisions of these Terms of Service, in particular filing the Order without due authorisation;
10.2.2. Userâs failure to meet the requirements of Service provision;
10.2.3. activity of malware illegally provided on the Platform by the User or third persons;
10.2.4. termination of the Agreement or the Film agreement by the Service Provider resulting from a culpable act or negligence of the User;
10.2.5. a short-term lack of access or disrupted access to the Platform resulting from the necessity to perform reparatory, maintenance or improvement works on the Platform or in its elements;
10.2.6. defects, in particular legal defects, of the Content;
10.2.7. Userâs publishing data of unlawful nature, infringing third personsâ rights;
âunless such damage results from action of the Service Provider.
11.1. The Service Provider makes every effort to ensure correct operation of the Platform.
11.2. The Service Provider undertakes to provide for continuous operation of the Services for 99.5% of time within a calendar year, which nevertheless does not involve events of Force Majeure or operation of the server operator and their effects.
11.3. In order to ensure higher quality of Services and satisfactory operation of the Platform, from time to time the Service Provider carries out Platform maintenance or modernisation works. Therefore, the Service Provider reserves the right to breaks in the provision of Services which are necessary to carry out technical works which are no longer than 12 hours at one time. The Service Provider will notify the Users on each such break at least 24 h before.
12.1. Any culpable violation of the provisions of the Terms of Service by the User, in particular by his/her acting to the detriment of the Service Provider, may have the following consequences, at the option of the Service Provider: (a) Service Providerâs warning addressed at the User, (b) removal of the Film from the Platform prior to the lapse of 30 days.
12.2. The Service Provider will notify the User on termination of the Agreement in an e-mail sent to his/her e-mail address indicated at the registration, providing the reason for such termination.
13.1. The User has the right to file a complaint concerning operation of the Platform and the Services provided through it. The complaint should include at least details enabling identification of the User and state reasonable reservations and comments concerning the Platform or Services. The complaint should be sent to the e-mail address kontakt@funwisher.com or to the address of the registered office of the Service Provider as stated at the beginning.
13.2. The Service Provider will take a stance towards the complaint within 3 (three) business days from receiving it, provided that it was filed correctly. The User will receive a response at the address from which the complaint was sent or at the address stated in the complaint form.
14.1. If the User is not a Consumer, he/she is subject to the following provisions: (a) the Service Provider will only bear liability for damage caused to the User by wilful misconduct and it will not bear any liability for lost profits, and the Service Providerâs liability will in any event be limited to PLN 1,000; (b) if any provision of the Terms of Service conflicts with other or is inaccurate, the Service Provider is authorised to interpret the Terms of Service in a manner binding upon the User, and if any provision of these Terms of Service proves invalid, in part or entirely, then the other provisions will remain effective and the remaining portion of the Terms of Service will be interpreted in such a manner so as its legal effect and economic implications to the highest extent correspond to those of the invalid provisions as prescribed by the Service Provider; (c) the price for the Services is in each case non-returnable.
15.1. The Service Provider may amend these Terms of Service due to material reasons, whether legal (change of generally applicable legal provisions related to the Service Providerâ activity or change of the Service Providerâs business form) or technical (modernisation of the Platform infrastructure). The reason for any amendment to the Terms of Service is each time provided in the manner described below.
15.2. The Users will be notified on any amendment to the Terms of Service by a message displayed on the Platform homepage 7 (seven) days before the new Terms of Service come into effect. In this time the User who is a Consumer must accept the Terms of Service again or refuse to accept them. If in turn the User who is not a Consumer fails to terminate the agreements by the said date and fails to use the Platform, he/she is deemed to have accepted the Terms of Service in their amended wording without reservations.
15.3. The Orders placed prior to the effective date of an amendment to the Terms of Service are processed in accordance with the content of the Terms of Service as applicable to that date. Amendments to the Terms of Service may not infringe the acquired rights of Users.
16.1. Any liability resulting from Agreements, Film agreements and the Terms of Service is governed by Polish law. Agreements are concluded in the Polish language.
16.2. Contact and mode of communication between the Service Provider and the User: (a) via e-mail: kontakt@funwisher.com; (b) via mail: ul. Krucza 50, Warszawa.
16.3. A Consumer may take advantage of dispute resolution methods which are alternative to court proceedings (ADR), in particular through mediation, conciliation or arbitration (arbitration court). The list of institutions to which the Consumer may refer for dispute settlement within the frames of ADR is available here: https://ec.europa.eu/consumers/solving_consumer_disputes/non-judicial_redress/national-out-of-court-bodies/index_en.htm
16.4. The Consumer may also take advantage of out-of-court means of considering complaints and seeking claims by means of submitting his/her complaint through the EU ODR online platform available at: https://ec.europa.eu/consumers/odr
16.5. If the User resigns from taking advantage from ADR or ODR, any disputes arising out of the Terms of Service or sales agreements will be settled by a common court with the jurisdiction determined according to the rules as prescribed by a legal act applicable to the User being a Consumer. Any disputes arising between the Service Provider and the User not being a Consumer will be referred to the court with the local jurisdiction over the registered office of the Service Provider.
16.6. Protection of Personal Data which supplements the Terms of Service is available here [*].
These Terms of Service come into force on 29th May 2020
This Privacy Policy is a document related to the Platform Terms of Service (âTerms of Serviceâ). Definitions of the terms used in this Privacy Policy have been included in the Terms of Service. The provisions of the Terms of Service are applied accordingly.
The Policy is for information purposes and serves satisfaction of the information obligations imposed on the data controller under GDPR, i.e. Regulation (EU) 2016/679 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.
1.1. The Controller of personal data of persons using the Services and the Platform is the Service Provider, i.e. TiBi sp. z o.o. S.K.A. with its registered office in Warsaw at ul. Krucza 50, entered in the register of entrepreneurs of the National Court Register (KRS) maintained by the District Court for the capital city of Warsaw in Warsaw, 12th Commercial Division of the National Court Register under number KRS: 0000720764, Tax Identification Number NIP: 7010805200, National Business Registry Number REGON: 369573017 (e-mail "ado@funwisher.com).
1.2. The Data Controller has also appointed the Data Protection Officer. Contact details of the Data Protection Officer: iod@funwisher.com
2.1. The purpose and scope of the processed personal data are determined by the scope of consents and provided data sent by means of a relevant form. The processing of personal data of Users or Recipients may concern first and last name, e-mail address, phone number, computer IP address, Tax Identification Number NIP or VAT ID, place of business, image and data collected by Google Analytics and other data necessary for provision of services in accordance with the Terms of Service.
2.2. Providing personal data is voluntary, but failure to provide the personal data marked in the form as obligatory will prevent the Service Provider from providing Services and performing Agreements. Due to the nature of services provided by the Service Provider, they cannot be provided anonymously.
2.3. Personal data of Users will be processed for the following purposes:
2.3.1. implementation of legal provisionsâthe legal basis is the statutory authorisation to process data necessary to act in line with the law (Article 6.1(c) of the GDPR);
2.3.2. performance of agreements and provision of services by electronic means through the Platformâthe legal basis is the statutory authorization to process data which are necessary to perform an agreement if the data subject is a party to such agreement, or if it is essential for undertaking certain actions prior to conclusion of an agreement upon request of the data subject (Article 6.1(b) of the GDPR);
2.3.3. consideration of filed claims and complaints and optimisation of performances of the Platformâthe legal basis for processing is a legally legitimate interest executed by the Service Provider (Article 6.1.(f) of the GDPR) which consists in due conduct of business activity;
2.3.4. promotional and commercial actions carried out by the Service Providerâthe legal basis is a legitimate interest executed by the Service Provider (Article 6.1.(f) of the GDPR) or voluntary consent (Article 6.1(a) of the GDPR);
2.4. Personal data of Users will be processed for the following purposes:
2.4.1. creation and sharing of Filmsâthe legal basis for processing is a legitimate interest executed by the Service Provider (Article 6.1.(f) of the GDPR) which consists in commitment to perform the Agreement concluded with the User who provided Recipientâs data;
2.4.2. provision of Platform functionalitiesâthe legal basis for processing is a legitimate interest executed by the Service Provider (Article 6.1.(f) of the GDPR) which consists in commitment to perform the Agreement concluded with the User who provided Recipientâs data;
2.5. If the Service Provider is advised that the User uses the Services in violation of the Terms of Service or applicable provisions of the law (unauthorised use), then the Service Provider may process Userâs personal data in a scope required for establishing the liability of the User.
2.6. Userâs personal data will be processed for a time necessary to prove the correct provision of the Service (such time corresponds to the period of limitation of claims) or in the case of the Agreement against chargeâthe time prescribed by accounting provisions, and will be deleted upon the lapse of the said time, unless their processing is necessary on the basis of another legal basis. In the case of marketing actions, personal data will be processed until the User objects to the further processing of personal data for marketing purposes or until the User withdraws the consent to be sent messages with such content.
2.7. Recipientâs data will be processed until they cease to be useful for achievement of the purposes prescribed in the Privacy Policy, they are deleted by the User or until the Recipient objects to processing.
2.8. The Service Provider does not transfer personal data to third countries.
3.1. The Service Provider may entrust the processing of personal data to third parties for the purpose of performance of the activities indicated in the Terms of Service and service of the User. In such a case, the recipients of Userâs and Recipientâs data may involve: the provider of hosting for the Platform, the company providing technical support for the purpose of providing Services (a software development company), accounting firm, the provider of a system for online payments, the provider of a system for invoice management and companies providing for delivery of the Film, e.g. a printing house, post office.
3.2. The personal data collected by the Service Provider may also be disclosed to: competent state bodies upon their request on the basis of relevant provisions of the law, or other persons and entitiesâin the cases prescribed in the law.
3.3. Each entity to which the Service Provider transfers Userâs or Recipientâs personal data for processing on the basis of a personal data transfer agreement (hereinafter referred to as âTransfer Agreementâ) guarantees an adequate level of security and confidentiality of the processing of personal data. The entity processing Userâs or Recipientâs personal data on the basis of the Transfer Agreement may process Userâs or Recipientâs personal data through another entity only upon prior written consent of the Service Provider.
3.4. Disclosure of personal data to unauthorised entities under this Privacy Policy may take place only upon prior consent of the User or Recipient to whom such data refer.
4.1. Each User and Recipient has the right to: (a) delete the collected personal data referring to him/her both from the system belonging to the Service Provider as well as from bases of entities which have co-operated with the Service Provider, (b) restrict the processing of data, (c) portability of the personal data collected by the Service Provider and referring to the User, in this to receive them in a structured form, (d) request the Service Provider to enable him/her access to his/her personal data and to rectify them, (e) object to processing, (f) withdraw the consent towards the Service Provider at any time without affecting the legality of the processing carried out on the basis of the consent before it is withdrawn, (g) lodge a complaint about the Service Provider to the supervisory authority (President of the Personal Data Protection Office).
5.1. In the cases subject to Article 6.1.(a) of the GDPR it is legal to process personal data of a child over the age of 16. If the User is below the age of 16, such processing is legal only if a person who exercises parental authority or care over the child gives his/her respective consent or approval and only in the scope of the expressed consent.
5.2. The Platform may not be used by persons below the age of 13.
6.1. The Website may store http enquiries, therefore the files containing web server logs may store certain data, including the IP address of the computer sending the enquiry, the name of Userâs stationâidentification through http protocol, if possible, date and system time of registration on the Platform and receipt of the enquiry, number of bytes sent by the server, the URL address of the site visited by the User before if the User has entered the service through a link, information concerning Userâs browser, information concerning errors occurred by realization of the http transaction. Web server logs may be collected for the purposes of proper administration of the Website. Only persons authorised to administer the IT system have access to data. Files containing web server logs may be analysed for the purposes of preparing statistics concerning traffic on the Platform site and occurring errors. Summary of such details does not identify the User.
7.1. The Service Provider applies technological and organisational means in order to secure the processed personal data corresponding to the threats and category of data to be secured, in particular, through technical and organisational means the Service Provider secures data against being published to unauthorised persons, taken over by an unauthorised person, processed in violation of the law and changed, lost, damaged or destroyed; among others the SSL certificates are applied. Usersâ and Recipientsâ personal data are collected and stored on a secured server, moreover, the data are secured by Service Providerâs internal procedures related to the processing of personal data and information security policy.
7.2. The Service Provider has also implemented appropriate technical and organisational means, such as pseudonymisation, designed to effectively enforce the data protection principles, such as data minimisation, and for the purpose of providing the processing with necessary safeguards, so as to meet the GDPR requirements and protect the rights of data subjects.
7.3. At the same time, the Service Provider states that using the Internet and services provided by electronic means may pose a threat of malware breaking into Userâs teleinformatic system and device, as well as any other unauthorised access to the Userâs data, including personal details, by third parties. In order to minimise such threats, the User should use appropriate technical security means, e.g. using updated antivirus programs or programs securing identification of the User in the Internet. In order to obtain detailed and professional information related to security in the Internet, the Service Provider recommends taking advice from entities specializing in such IT services.
8.1. In order to ensure correct operation of the Platform, the Service Provider uses cookie support technology. Cookies are packages of information stored on the Userâs device through the Platform, usually containing information corresponding to the intended use of a particular file, by means of which the User uses the Platform â these are usually: address of the website, date of publishing, lifetime of a cookie, unique number and additional information corresponding to the intended use of the particular file.
8.2. The Website uses two types of cookies: (a) session cookies, which are permanently deleted upon closing the session of Userâs browser; (b) permanent cookies, which remain on Userâs device after closing the session until they are deleted.
8.3. It is not possible to identify the User on the basis of cookie files, whether session or permanent. The cookie mechanism prevents collecting any personal data.
8.4. The cookies used on the Platform are safe for Userâs device, in particular they prevent viruses or other software from breaking into to the device.
8.5. Files generated directly by the Service Provider may not be read by other websites. Third-party cookies (i.e. cookies provided by entities co-operating with the Service Provider) may be read by an external server.
8.6. The User may individually change the cookie settings at any time, stating the conditions of their storage, through the Internet browser settings or configuration of the service.
8.7. First of all, the User may disable storing cookies on his/her device in accordance with the instructions of the browser producer, but this may disable certain parts of or the entire operation of the Platform.
8.8. The User may also individually remove cookies stored on his/her device at any time in accordance with the instructions of the browser producer.
8.9. The Service Provider uses own cookies for the following purposes: authentication of the User on the Website and preserving Userâs sessions; configuration of the Platform and adjustment of page content to the preferences or conduct of the User; analysis and research of views, click number and path taken on the website to improve the appearance and organisation of content on the website, time spent on the website, number and frequency of visits on the Website, as well as display of appropriate content by external partners providing affiliation services.
8.10. We use third-party cookies for the following purposes: preparing statistics (anonymous) for the purposes of optimising functionality of the Platform by means of analytic tools such as Google Analytics; using interactive functions by means of social networks, in this facebook.com, instagram.com.
8.11. Details concerning cookie support are available in the settings of the browser used by the User.
9.1. This Privacy Policy comes into effect on 29th May 2020.
These Terms of Service prescribe the terms and conditions of use of the newsletter of the website available at the address https://shaun.video.
These Terms of Service prescribe the rules for the provision of Newsletter service.
The Newsletter Service is provided by TiBi sp. z o.o. S.K.A. with its registered office in Warsaw (00-025) at ul. Krucza 50, entered in the register of entrepreneurs of the National Court Register (KRS) maintained by the District Court for the capital city of Warsaw in Warsaw, 12th Commercial Division of the National Court Register under number KRS: 0000720764, Tax Identification Number NIP: 7010805200, National Business Registry Number REGON: 369573017, share capital in the amount of PLN 59,500.00, the e-mail address of the Service Provider: kontakt@funwisher.com
Newsletter is a service provided by electronic means, which consist in provision to the User by TIBI information about special services offered by TIBI and messages about novelties in the web platform shaun.video or concerning TIBI, in the shape of an electronic newsletter sent on the e-mail address prescribed by the user (âNewsletterâ).
Newsletter service is provided free of charge.
In order to use the Newsletter service correctly, the User must have an active e-mail account, a device permitting to receive electronic mail, and access to the internet.
In order to ensure the correct operation of the Newsletter service, the User on the shaun.video webpage:
In the form of ordering the Newsletter service â puts the e-mail address and his/her name,
Accepts these Terms of Service,
Confirms the order od the Newsletter service by clicking on the button âSubscribeâ,
activates the service via a link that will be forwarded to him via e-mail sent from the shaun.video website to the e-mail address provided by the User.
When the subscription is activated, TIBI and the User conclude an agreement for the provision of the Newsletter service for an indefinite period.
The Newsletter service is provided until the User resigns. The User may at any time terminate the contract for the provision of the Newsletter service with immediate effect by deactivating the Newsletter service using the link in each email sent as part of the subscription. Each Newsletter contains information on how to unsubscribe from the Newsletter service by the User.
Users are prohibited from providing unlawful content.
The administrator of personal data is TIBI. TIBI processes Users' personal data in terms of name and email address only for the purpose of providing the Newsletter service. Such data may be transferred to a third party providing technical services to the Newsletter. The conditions governing the processing of personal data and the cessation of their processing are set out in the Privacy Policy available at shaun.video/privacy-policy. Contact details of the data protection officer: iod@funwisher.com.
The User has the right to make a complaint about the Newsletter service. The complaint should contain at least the data enabling the User to be identified as well as justified reservations and comments regarding the Newsletter. Complaints should be sent to the email address kontakt@funwisher.com or to the address of the TIBI headquarters.
TIBI will consider the complaint within 14 days unless the User has not described the subject and scope of the complaint in a way that allows it to be considered or has not provided data enabling the User to be identified.
TIBI sends a response to the complaint to the e-mail address provided by the User.
TIBI reserves the right to amend the Regulations for substantive, legal (change of generally applicable legal provisions related to TIBI activity or change of the TIBI business form) or technical (modernization of the shaun.video website infrastructure).
Users will be notified of any change to the Regulations by e-mail sent 7 (seven) days before the entry into force of the new wording of the Regulations. During this time, the User should accept the amended Regulations or refuse its acceptance and terminate the contract for the provision of Newsletter services.
In the event of a dispute with TIBI, the User who is a consumer may refer to a permanent consumer court to resolve the dispute. The consumer may also refer to another arbitral tribunal for mediation or settlement (may use alternative dispute resolution, ADR). To this end, TIBI should submit an application for mediation or an application to settle a case before an arbitral tribunal, depending on the consumer's intention. The list and addresses of entities conducting such proceedings are available in relevant bodies, including their websites. The consumer may also use the out-of-court complaint and redress procedure by submitting his complaint via the EU ODR online platform available at http://ec.europa.eu/consumers/odr/
If the User resigns from the use of ADR or ODR, all disputes arising from these Terms of Service will be settled by a common court having jurisdiction established in accordance with the legal act applicable to the User who is a consumer. All disputes arising between TIBI and a non-consumer User will be directed to the court competent for the TIBI headquarters.
All contracts resulting from these Regulations concluded between the User and TIBI are concluded in accordance with Polish law, provided that this reservation cannot result in depriving the User of protection resulting from the mandatory provisions of the law of the country of the User's habitual residence.
The Regulations enter into force on 15.07.2020.