Version effective from June 20, 2020

Definitions


1. Camerleon - OKUBIKO Ltd. with headquarters in Mysłowice, Jodłowa 2, 41-40 Mysłowice, registered under the KRS 0000830458, NIP: 2220917374, REGON 385612762, administering the Website
2. Photographer - a Website User registering on the website as a photographer who can send Works to the Website, including the license to use the Works on the terms set out in the Agreement with the Photographer (available on the Website's main page under the "Photographer Agreement" link), including agreeing to sublicense the Works by Camerleon on the terms set out in the License Agreement
3. Photographer Card - a part of the website where data about the Photographer might be published, which may include information provided by him, including his name, registered office, description of experience, categories of photographs he deals with, type of services provided, places of their provision, languages he uses, examples of price lists, contact details, including his website and social media, and his Works sent to the gallery photos taken by the Photographer (Photographer's portfolio)
4. Consumer - a User who is a consumer within the meaning of art. 22 [1] Civil Code
5. Publication - means both the publication of Content on the website directly by the User and the submission of Content for publication on the Website by the User, including the use of forms available on the Website
6. Final Product - an object or material (including both physical and digital) produced by or on behalf of Camerleon, containing the Works or part thereof, including after modification of the Works by or on behalf of Camerleon.
7. Customer Inquiry Program - a program targeted at Users who are photographers in the area of receiving inquiries from potential customers via Camerleon under the conditions specified in the Agreement with the Photographer
8. Regulations - these regulations regarding the use of the Website published on the Website
9. GDPR - Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46 / EC (General Regulation on the Protection of data).
10. Website - the www.camerleon.com website (also available at www.camerleon.pl) administered by Camerleon or its legal successors
11. License Agreement - a license agreement concluded between the Licensee (the purchaser of the license) and Camerleon (entitled to sublicense the Works by the Photographer) in the version available on the Website (available on the Website's main page under the "License Agreement" link)
12. Contract with the Photographer - an agreement concluded between the User registering on the website as a photographer and Camerleon in the wording published on the Website (available on the Website's main page under the link "Photographer Agreement")
13. UoŚUDE - Act of 18 July 2002 on the provision of electronic services (Journal of Laws 2002 No. 144 item 1204)
14. Work - photographic works, graphics and other works sent by the Photographer.
15. User - a person / entity using the Website or its content, including a person registering on the Website as a photographer and a person / entity registering on the Website as a customer
16. Content - Works or other content submitted for Publication on the Website or Published on the Website

1. General Information


1.1. These Regulations specify the general conditions, principles and method of providing services electronically via the Website. Camerleon provides services electronically in accordance with these Regulations.
1.2. The Regulations are made available free of charge by Camerleon in a form enabling its acquisition, reproduction and recording of content by printing or saving on a carrier using an IT system.
1.3. The Regulations set out the rules for the provision of electronic services via the Website, including (a) the option of registering on the website as a customer and setting up a customer account or registering on the website as a photographer and creating a photographer account (b) the possibility of establishing a Photographer Card by Users registering as photographers and present information about yourself and your services and your Works (c) the ability to send Works by photographer account holders for the sale of licenses to the Works or to use the Works for the purpose of selling Final Products (d) the ability to forward inquiries to photographers concerning the Inquiry Program from Clients (e) the option to purchase licenses for Works (f) the option to purchase Final Products with Works (g) access to information about photographers registered on the Website and their Photographer Cards (h) the ability to search for Photographer and receive Photographer's offers through or without Camerleon.
1.4. These Regulations constitute the regulations referred to in art. 8 UoŚUDE.
1.5. Camerleon informs that the use of services provided electronically may be associated with a threat on the part of every Internet user, consisting of the possibility of introducing malicious or malicious or spyware software into the User's IT system, unwanted or unsolicited messages, and the acquisition and modification of his data by unauthorized persons. To reduce the risk of threats, the User should use appropriate technical measures that will minimize their occurrence, in particular current antivirus software, the current version of the web browser and the Firewall enabled. The above information applies to threats that may potentially occur, but which should be taken into account despite Camerleon's use of measures to protect Camerleon's infrastructure against unauthorized action by third parties. Camerleon is not responsible for the threats referred to above in connection with the use of the Website.
1.6. Current information about the function and purpose of the software or data that is not a component of the content of services provided through the Website, entered into the ICT system used by Camerleon, is contained in the Camerleon Privacy Policy constituting attachments to these Regulations and made available on the Website's main page under the link "Privacy Policy ".

2. Acceptance of the Regulations and amendment of the Regulations


2.1. The User agrees to the wording of the Regulations and undertakes to comply with the conditions set out in the Regulations. If the User does not accept all the terms and conditions contained in the Regulations, he should not use the Website and its content.
2.2. These Regulations are binding for both the Website User and his employer if the User uses the Website on his behalf. If the User uses the Website to perform official duties as an employee, contractor or representative of another entity, he / she ensures that he / she is properly authorized and does so with the knowledge and consent of that entity.
2.3. Camerleon reserves the right to amend these Regulations at its sole discretion.
2.4. The amendment to the Regulations comes into force on the date indicated by Camerleon, which will not be less than 14 days from the date of the new Regulations being available on the Website. Users who do not accept changes may cease visiting and using the Website and in writing request to close their account immediately by sending a relevant request in the form of a registered letter to the correspondence address of Camerleon referred to in point 13.1. or by e-mail from your e-mail address registered on the Website to the Camerleon e-mail address referred to in point 13.1.
2.5. Within not less than 14 days of the entry into force of the amendments to the Regulations, Camerleon sends to Users registered on the Website information about the changes to the Regulations to their email addresses registered on the Website.
2.6. Lack of acceptance of changes to the Regulations by the User means that he should not use the Website and its content. By using the Website or its content by the User after the entry into force of amendments to the Regulations they accept them.
2.7. Visiting or using the Website by the User is subject to the current version of the Regulations posted on the Website and in force during use. You should regularly check the "Terms & Conditions" link on the Website's main page to read the current Regulations.

3. Content and Intellectual Property


3.1. All Works are the property of Camerleon or Photographers, respectively, and are works within the meaning of copyright law and are protected under the provisions of copyright law, industrial property rights, personal rights and other intellectual property rights.
3.2. Each use of the Works, in particular their placement in Internet networks, reproduction by any technique, including digital or polygraphic, publishing, use as a model, use of their fragments, requires obtaining an appropriate license for a given Work by prior acceptance of the License Agreement by the User and prior payment of the fee indicated on the Website to Camerleon by online payment on the Website or by traditional bank transfer to the indicated Camerleon bank account.
3.3. The User is hereby informed that the Website may contain Works, the use of which may require (in addition to obtaining a license to use the copyrights to the Works) to obtain permits from third parties or persons in relation to the content presented in the Works. The user is solely responsible for determining whether any additional permits are needed for the intended use of the Work, regardless of obtaining the license.
3.4. Any use of the Works presented on the Website without prior acceptance of the License Agreement for the given Work and prior payment of the fee indicated on the Website to Camerleon is prohibited.
3.5. The User may not use the Camerleon trademark, logotype, image or other proprietary graphics, including for the purpose of returning to the Website, without Camerleon's prior written permission.
3.6. The User Publishing Content grants Camerleon a non-exclusive, non-exclusive license (covering all countries of the world) free of charge authorizing the use of Content to promote the Website, including on the Website, on other websites and on social media.
3.7. The User accepts that Camerleon is entitled, but not obliged to mark the User's photos published on the Website by placing the Website's logo or name on the photo (i.e. the watermark) or other text or graphic markings.
3.8. Content provided by the User for Publication on the Website or Published by the User on the Website must be created by the User themselves and the User should be the sole owner of copyrights and personal rights to these Content and Content may not:
a) violate anyone's rights in including copyrights (personal and property), other intellectual property rights, personal rights or the right to the image or privacy of third parties,
b) violate the law or encourage the violation or violation of the law,
c) contain content, which may be considered pornographic, obscene, immoral, offensive to religious feelings, discriminatory including on the basis of race, sex or nationality, undermining the rights of minorities, defamatory, slanderous or defamatory, as well as due to the lack of using filters restricting access on the Website to Content from minors are not equal not allowed Works containing naked persons or persons in provocative poses,
d) promote behavior or activities that may be considered dangerous, threatening life or health, and
e) User's data may not contain information untrue or outdated,
f) files sent to the Website by the User may not contain viruses or harmful software,

4. Shopping on the Website - Final Products


4.1. Purchases including Final Products sold on the Website are based on these Regulations.
4.2. The contract for the purchase of the Final Product is concluded at the moment the User places the appropriate order for the Final Product.
4.3. By placing an order, the User selects a Work available for the sale of Final Products and indicates which specific Final Product should be made for him and its quantity.
4.4. The production of the Final Product and its shipment takes place after the User has paid the costs of purchasing the Final Product and its delivery.
4.5. Due to the individual nature of the Final Products being prepared and the fact that the subject of the service is a non-prefabricated item, manufactured according to the consumer's specifications or serving to satisfy his individual needs, the User, including the User who is a Consumer, cannot return products purchased on the Final Products Website.
4.6. With each purchase of the Final Product, the User accepts the Website's Regulations and Privacy Policy by marking the box with a statement in this respect - the lack of consent to this statement makes it impossible to place an order.

5. Purchases on the Website - License to Works


5.1. Purchases of Licenses for Works are made taking into account the License Agreement, which regulates, among others scope and conditions of licenses granted.
5.2. The License Agreement is concluded at the moment the User places the relevant order regarding the license for the Work and pays for it.
5.3. The License Agreement is accepted by the User when registering a customer account, as well as each time a license is purchased for the Work. Making the Work available to the buyer takes place after the User pays the costs of purchasing the license for the Work.
5.4. By placing an order, the User selects the Work available when selling licenses to the Works and indicates what type of license she/he chooses.
5.5. When purchasing a License for Works, the User agrees to:
(a) fulfillment of the service within the period of withdrawal from the contract - i.e. to make the Work available for download within a shorter period than 14 days from the date of its purchase
(b) loss of the right to withdraw from the contract after downloading the Work - due to the digital content of the Work, which is not sold in the form of a record on a tangible medium but made available for download
5.6. Users purchasing licenses for a Work may not make purchased Works available for download by third parties.
5.7. In connection with the consents given by the User, referred to in point 5.5. The User, including the User who is a Consumer, loses the option of withdrawing from the license purchase contract for the Work at the time of downloading the Work. Thus, when purchasing a license, the User who is also a Consumer may withdraw from the contract within 14 days of its conclusion only if the Work has not been previously downloaded.
5.8. With each purchase of a License for a Work, the User accepts the License Agreement, Website Regulations and Privacy Policy by marking the box with a statement in this respect - failure to agree to this statement makes it impossible to place the order.

6. User Accounts


6.1. When setting up an account on the Website, the User previously accepts: (a) for the photographer's account: Agreement with the Photographer, Website Regulations and Privacy Policy (b) for the client account: License Agreement, Website Regulations and Privacy Policy
6.2. Creating and maintaining a User's account on the Website is free.
6.3. After the account is created, the User gains access to it. Access to the User's account is possible after logging in by the User on the Website.
6.4. Purchases do not require having an account on the Website on the part of the User making the purchase, but require each time providing such User's data. Creating an account on the Website, on the other hand, facilitates access to order history and can avoid you entering your details each time you buy.
6.5. The User is required to provide correct and current data in the forms used on the Website.
6.6. If the User uses the client's account or the photographer's account, he is obliged to use the account in a manner consistent with the Regulations, Polish law, decency and social norms.
6.7. The user may at any time opt out of using the account. Camerleon may delete accounts whose Users have ceased use.
6.8. Each User registered as a customer may have only one customer account on the Website. Each User registered as a photographer may have only one photographer account on the Website.
6.9. The User may at any time terminate the use of the Website free of charge. If the User has an account on the Website, she/he can at any time send a request to close his account in the form of a registered letter to the correspondence address of Camerleon referred to in point 13.1. or by e-mail from her/his e-mail address registered on the Website to the Camerleon e-mail address referred to in point 13.1. The User's account is closed immediately after receiving such a request, however not later than within 14 days of receiving such a request. In the case of Photographers, the notice period resulting from the concluded Agreement with the Photographer has been specified in the Agreement with the Photographer made available on the Website and accepted by Users registering as photographers, and also applies to the term of closing the photographer's account on the Website.

7. Cooperation with Photographers


7.1. Detailed terms of cooperation regarding photographers' consent to the sale of licenses for Works and / or consent to the sale of Final Products, as well as the cooperation of the parties under the Customer Inquiry Program and settlements in these areas are regulated in the Agreement with the Photographer.

8. Exclusions


8.1. The Website may contain links to third parties. Such links are provided for your convenience only. Their presence does not mean that they are recommended or endorsed by Camerleon. Camerleon does not guarantee their safety or compliance with the User's expectations. Camerleon accepts no liability for damages or losses, direct or implied, related to visits starting on the Website or due to the use of services available on third-party websites.
8.2. The User uses the Website at his own risk. The website is operated by Camerleon in accordance with these Regulations and on an "as is" basis without any kind of guarantee or warranty, or any kind of assurance. Camerleon expressly excludes all types of warranties, express or implied, regarding any of the services provided on the Website, including implied warranties of market value, fitness for a particular purpose, non-infringement, and any other warranties that may exist under any law. Without prejudice to the foregoing, Camerleon does not warrant that: (i) the Website will meet your requirements; (ii) access to the Website will be uninterrupted; (iii) the quality of the Website will meet the User's expectations; (iv) any errors or defects on the Website, services or materials will be corrected. Camerleon does not declare or warrant that the Website will be allowed in a given legal system, that any content reported by Photographers or Users will be available through the Website or stored on the Website, that the Website will meet the user's needs, or that Camerleon will support any of the Website's functions. Camerleon reserves that there may be failures of the Website due to Internet connection, software operation, data transmission, etc. and it is possible that incorrect or incomplete copies of information contained on the Website will appear.
8.3. Camerleon is not responsible for the loss of data collected on the Website, including those caused by a hardware failure or software malfunction, lack of access to the Internet, as well as due to third parties or force majeure or fortuitous events.
8.4. In no event shall Camerleon be liable to the User for any damages, including any lost profits or income, or other special, general, implied, incidental or consequential damages arising out of the use of or inability to use the Website and Content contained on the Website, even if Camerleon has been advised of the possibility of such damages or of any third party claims. Camerleon makes no representations or warranties as to the uninterrupted availability of any Works or Content on the Website.
8.5. Camerleon is not responsible for the Content sent for Publication on the Website by Users or Published on the Website by Users. The User is responsible for the Content sent for Publication by the User or Published by the User.
8.6. Camerleon is not a party to contracts concluded between Users and is not responsible for the proper performance of contracts between Users, including contracts concluded between clients and photographers registered on the Website and for the quality of services provided by photographers and the correctness and timeliness of settlements made between Users.
8.7. Camerleon is not responsible for the document templates made available to Users, in particular the example of Contract for Work Covering Photographic Services, the Model Release example or Property Release example and they do not constitute legal advice. Document templates available on the Website are only examples of patterns that could be used in some abstract case. The formulas, in their entirety or their individual points, cannot be interpreted as an indication of specific solutions for the actual states in which they will be used. Camerleon, its shareholders, members of its bodies and employees are not responsible for any material or personal losses related to the use of document templates available on the Website or any part thereof. Camerleon cannot provide legal advice and expressly disclaims all liability for the feedback provided in this regard.

9. Technical requirements


9.1. In order to properly use the Website, it is required to have a computer (or other similar device, e.g. a tablet) with access to the Internet, an e-mail account, and to have a properly installed and working internet browser Microsoft Edge or Internet Explorer version 11 or higher or Chrome version 41 or higher or Firefox version 36 or higher or Opera version 28 or higher or Safari version 8 or higher. Your browser should enable cookies and JavaScript.

10. Promotional Packages


10.1. Camerleon may offer promotional packages on the Website covering specific actions towards the User and his Works and / or Photographer Cards on the terms described in the framework of individual promotional packages published on the Website, including those promoting the offer of the given User.
10.2. Prices of promotional packages, periods and their detailed conditions are published on the Website.
10.3. The purchase of a promotional package by the User is voluntary.
10.4. In the event of closing the User's account on the Website during the promotional package period, the User shall receive a refund of the previously paid fee proportionally for the unused period. The refund is not due to Users whose User account on the Website will be closed due to violation of the provisions of the Regulations or the Agreement with the Photographer.

11. Claims


11.1. The User may submit complaints regarding services provided as part of the Website. Complaints may be submitted in writing, by registered mail, to the Camerleon correspondence address referred to in point 13.1. or in an e-mail form from your e-mail address registered on the Website to the Camerleon e-mail address referred to in point 13.1.
11.2. Complaints should be submitted not later than within 7 (seven) days from the day on which the reason for the complaint occurred.
11.3. Filing a complaint should include the name of the person submitting the complaint (name and surname or company name, address of residence or registered office, e-mail address) and a description of the event which caused the complaint.
11.4. An example of complaint form is attached to the Regulations.
11.5. Complaints that do not contain the data listed in point 11.3. or were submitted after the deadline referred to in point 11.2 will be not considered.
11.6. The complaint is dealt with within 30 days of its receipt by Camerleon. Immediately after considering the complaint, Camerleon sends a response to the User via e-mail to the e-mail address provided by the User in the complaint.

12. Personal Data


12.1. Personal data sent by the User are collected and processed by Camerleon in accordance with applicable Polish law and in accordance with the Privacy Policy, which is attached to the Regulations. Detailed information on the processing of Users' personal data can be found in the Privacy Policy.
12.2. The User who is the administrator of personal data within the meaning of the GDPR Regulation ("Administrator") confirms that at the time of sending personal data, for which he is the Administrator, to the Website, entrusts Camerleon with the processing of this personal data on the terms set out in the Agreement entrusting the processing of personal data attached to the Regulations and joins to that agreement.

13. Other


13.1. Unless otherwise agreed in writing, all notifications required to be provided under the provisions of the Agreement will be delivered in writing, in person, by post or courier, to the Parties' correspondence addresses, i.e. in the case of Camerleon to the correspondence address indicated on the Website's main page under the "Contact" link, and in the case of the Photographer to the Photographer's address registered on the Website or in electronic form to the email addresses of the Parties, i.e. in the case of Camerleon to the e-mail address indicated on the Website's main page under the "Contact" link, in the case of the Photographer to the address Photographer's email address registered on the Website. If the Agreement stipulates that the Photographer sends information to the Camerleon email address, these messages should be sent by the Photographer from the Photographer's email address registered on the Website.
13.2. Camerleon reserves the right not to publish or to remove any Works or Content or to access the Website to the User, including by deleting his account if he finds it justified, in particular in the event of using the Website in a manner inconsistent with the provisions of applicable law or these Regulations.
13.3. Camerleon is not responsible for the consequences of the User's disclosure of the Website access password to third parties, regardless of the reason for the disclosure.
13.4. By using the Website, the User accepts the Camerleon Privacy Policy, and in case of not accepting the Camerleon Privacy Policy, the User should not use the Website and its content.
13.5. The Website and services available through the Website are not intended for use by minors and persons under the age of 18 or with limited legal capacity. The user confirms and guarantees that he has reached the age of 18 and has full legal capacity.
13.6. User comments added to the Website, including the Works or Photographer Cards of other Users may not violate Polish law, social norms, contain content that may be considered immoral, offensive to religious feelings, discriminatory including on the basis of race, gender or nationality, which undermine the rights of minorities, defamatory, libelous or defamatory, and may not encourage violation or violation of the law or contain provocative content.
13.7. Camerleon reserves the right to make changes to the Website or to completely or partially disable the Website without notice.
13.8. The Regulations are available in Polish. If the Regulations are made available in another language, the binding version is the version available on the Website in Polish.
13.9. Any disputes regarding this Agreement will be subject to settlement in accordance with Polish law, before the court competent for the seat of Camerleon.
13.10. These Regulations have been in force since 20 June 2020
13.11. Annexes to the Regulations are (a) Camerleon Website Privacy Policy (available on the Website's main page under the "Privacy Policy" link) (b) Example of the complaint form (c) Example of the request to close the account (d) Agreement for entrusting the processing of personal data

ANNEXES TO THE REGULATIONS

Annex (a) to the Regulations - Camerleon Website Privacy Policy

Annex (b) to the Regulations - Sample of complaint form

Place and date

User's name and surname

User's home address

User's email

 

Website Administrator

Complaint

 

I ..................................................... hereby I submit a complaint regarding ............. .. (description of the event being the cause of the complaint) ................

 

The event referred to above took place on ...... (date of the event to which the complaint relates) ........................... < / p>

 

…………………………………………….

User Signature

 

Annex (c) to the Regulations - Sample request to close a user account

Place and date

User's name and surname

User's home address

User's email

Website Administrator

Request to close user account

 

I ................................................... hereby request to close the user account created from my site under the name ................... . (User's name) .....................................

 

…………………………………………….

User Signature

 

Annex (d) to the Regulations - Agreement for entrusting the processing of personal data

The agreement is concluded between OKUBIKO Ltd. with headquarters in Mysłowice, Jodłowa 2, 41-40 Mysłowice, registered under the KRS 0000830458, NIP: 2220917374, REGON 385612762, (hereinafter referred to as "Processing Entity") and the user using the website www.camerleon.com (also available at www.camerleon.pl), hereinafter referred to as "Website", which user is hereinafter referred to as "Administrator" registered on the Website as a photographer and uploading works to the Website, including photos and graphics, hereinafter referred to as "Works", containing the image of people.

§1. Definitions and General Provisions

  1. Terms used in the Agreement mean:

Photographer Card - a part of the Website where data on the Website user registering as a photographer might be published, which may include information he provided, including his name, registered office, description of experience, categories of photographs he deals with, type of services provided, places of their provision, languages he uses, examples of price lists, contact details, including his website and social media, and his Works sent to the gallery photos in the Photographer's Card (Photographer's portfolio)

Personal Data - data within the meaning of art. 4 point 1 of the GDPR Regulation, referred to in § 2.

Processing of Personal Data - activities indicated in art. 4 point 2 of the GDPR Regulation.

GDPR Regulation - Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals 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).

Agreement - this Agreement for entrusting the processing of personal data

Agreement with the Photographer - an agreement concluded between the Administrator registering on the Website as a photographer and the Processing Entity in the wording published on the Website (available on the Website's main page under the link "Photographer Agreement")

Model Release - understood together as the written and legally binding consent of the person visible on the Work to disseminate its image, including for marketing and commercial purposes, including by the purchaser of a license to the Work, granted to the extent resulting from legal provisions, including regulatory copyright, properly signed by the portrayed person or his legal guardians and the consent of the person visible on the Work or his legal guardians to process his personal data related to his image granted in the scope and form resulting from legal provisions, including the GDPR Regulation. In the case of minors, consent must be given by parents or legal guardians.

Property Release - written and legally binding consent regarding the object covered by third party rights (e.g. places, national parks, buildings, works of art, handicrafts, graffiti, etc.) visible on the Work, to disseminate its image for purposes marketing and commercial activities, including the license to the Work by the purchaser, granted to the extent resulting from legal provisions, including those regulating copyright, correctly signed by the owner of the rights to the image of the given object or its properly appointed proxies.

  1. The Parties declare that the Agreement has been concluded in order to perform the obligations referred to in art. 28 of the GDPR Regulation in connection with the Administrator granting a license to a Processing Entity for Works containing the image of persons, including the right to sublicense and the Administrator submitting Works for publication on the Website, including as part of the Photographer Card.
  2. The Administrator is the administrator of Personal Data referred to in art. 4 point 7 of the GDPR Regulation, establishing the purposes and methods of processing Personal Data
  3. The Administrator represents and warrants that he has the consent of the data subjects for the processing of their Personal Data given in accordance with applicable law, including the GDPR Regulation.
  4. Processing Entity is a processing entity within the meaning of art. 4 point 8 of the GDPR Regulation in relation to Personal Data (containing the image of persons and data contained in the Model Consent and Object Consent) received from the Administrator in performance of the Agreement, which means that he will process Personal Data (containing the image of people and data contained in the Model Release and Property Release) on behalf of the Administrator.

§2. Subject of the Agreement

  1. In order to enable the Processing Entity to perform the services referred to in §1 para. 2, the Administrator entrusts to the Processing Entity for processing Personal Data (containing the image of persons and data contained in the Model Release and Property Release) in a repetitive manner during the term of the Agreement, and the Processing Entity undertakes to process them in accordance with the law and the Agreement.
  2. The Processing Party declares that it has implemented appropriate technical and organizational measures so that the processing meets the requirements of the GDPR Regulation and protects the rights of data subjects.
  3. The Processing Entity processes Personal Data (containing the image of persons and data contained in the Model Release and Property Release) after they are sent by the Administrator.
  4. The Administrator authorizes the Processing Entity to publish Works with the image of persons on the Website available to the public.
  5. The Processing Entity takes all measures required pursuant to art. 32 of the GDPR Regulation, with the proviso that Personal Data containing the image of persons on the Works due to the purpose of the Works for publication on the Website will be publicly available.
  6. The Administrator allows the Processing Entity to process subcontractors entrusted with the Personal Data Processing Entity.
  7. The Processing Entity, taking into account the nature of the processing, will assist the Administrator, if possible, through appropriate technical and organizational measures to fulfill the obligation to respond to the requests of the data subject in the exercise of his rights set out in Chapter III of the GDPR Regulation.
  8. The Processing Entity, taking into account the nature of the processing of Personal Data and the information available to it, helps the Administrator to fulfill the obligations specified in art. 32-36 GDPR Regulation.
  9. The Processing Entity after the completion of the service provided to the Administrator related to personal processing may store the personal data provided for the time specified by the Processing Entity necessary to perform the concluded contracts, including the implementation of the order and defense against claims (complaints) and the fulfillment of the obligations by the Processing Entity legal.
  10. The Processing Entity provides the Administrator with all information necessary to demonstrate compliance with the obligations specified in art. 28 of the GDPR Regulation and enables the Administrator to conduct audits, including inspections, and contributes to them. In connection with the obligation set out above, the Processor shall immediately inform the Administrator if in his opinion the order issued to him constitutes a violation of this Regulation or other Union or Member State data protection laws.
  11. Personal Data entrusted to the Processing Entity include data of entities indicated in paragraph 12 in the scope of their image presented in the Work, as well as the data contained in the Model Release and Property Release.
  12. The scope of Personal Data Processed by the Processing Entity includes the following categories of data subjects: persons whose image is presented on the Works sent by the Administrator to the Website and the data of persons contained in the Model Release and Property Release transferred by the Administrator to the Processing Entity Personal Data in the performance of obligations under the Agreement with the Photographer.
  13. The Processing Party undertakes to use the provided Personal Data only to the extent and for the purposes arising from the Agreement with the Photographer.
  14. The Processing Entity undertakes to notify the Administrator in electronic form to the Administrator's e-mail address registered on the Website, immediately, no later than on the next business day after event identification, information about becoming aware of a breach of protection of processed Personal Data, in accordance with the GDPR Regulation.
  15. The total and maximum liability of the Processing Entity towards the Administrator related to the Processing Entity's liability for the performance or improper performance of this Agreement may in no case exceed the equivalent of the amount equal to the net revenues obtained by the Processing Entity for the sale of licenses to the Works transferred to the Service by the Administrator minus the equivalent commission charged by the Administrator in the amount of 30% of the net price for the licenses sold.

§3. Final Provisions

  1. The Agreement shall enter into force on the day the Administrator opens the photographer's account on the Website and is concluded for the duration of the Agreement with the Photographer.
  2. A change to the Agreement may be made by the Processing Entity and requires prior notification of the Administrator by electronic means to his e-mail address registered on the Website at least 14 days before making changes. In the absence of acceptance of changes, the Administrator may terminate the contract immediately by sending a written notice to the Processing Entity's address available on the Website's main page under the "Contact" link or in electronic form by sending termination from his email address registered on the Website to the email address of the Entity Processor available on the Website's main page under the "Contact" link.
  3. The Agreement is available in Polish. If the Agreement is made available in another language, the binding version is the version available on the Website in Polish.
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