Interactive agency + Marketing agency = Two Colours

TERMS AND CONDITIONS OF SITE REVIEWS

Dear User!

We are very pleased that you have decided to use our services and leave an opinion about them.    

Please read the following Terms and Conditions for leaving and verifying feedback on the site  https://two-colours.com .

Remember also that if you have any questions or concerns, you can contact us through the details indicated in the Terms and Conditions.

TABLE OF CONTENTS

§1 GENERAL PROVISIONS AND CONTACT INFORMATION 2

§2 DEFINITIONS 3

§3 MINIMUM TECHNICAL REQUIREMENTS 5

§4 RULES FOR LEAVING FEEDBACK 6

§5 RULES FOR PUBLISHING AND VERIFYING OPINIONS 8

§6 COMPLAINT PROCEDURE 9

§7 INTELLECTUAL PROPERTY, LICENSE, COPYRIGHT 10

§8 PERSONAL DATA 11

§9 OUT-OF-COURT DISPUTE RESOLUTION AND REDRESS OF GRIEVANCES 14

§10 FINAL PROVISIONS 15

§1 GENERAL PROVISIONS AND CONTACT INFORMATION

  1. The opportunity to post reviews of TWO COLOURS AGENCY's services and products is available at the domain https://two-colours.com/ and on the relevant subpages of the Website or in other designated places, and is made available by TWO COLOURS AGENCY under the terms and conditions contained in these Terms of Service.
  2. If you have any questions, please contact TWO COLOURS AGENCY via:
  1. phone number: 668039780
  2. e-mail address: hello@two-colours.com
  3. contact form available within the Service or chat (if any), in accordance with the rules contained hereinafter.
  1. The User may communicate with TWO COLOURS AGENCY by means of an e-mail address, a contact form or a chat (so-called other online communicator) available within the Service (if any). These means guarantee the preservation of written correspondence (documentary form) between the User and TWO COLOURS AGENCY with the date and time, meet the requirements of a durable medium, and allow the User to contact TWO COLOURS AGENCY quickly and efficiently. 
  2. The terms and conditions for posting, storing, distributing Opinions on the site are set forth in these Terms and Conditions. 
  3. Leaving an Opinion on the site implies acceptance of these terms and conditions of the Opinion and full Privacy and cookies policies
  4. These terms and conditions apply to the rules for the publication of Opinions on the Website, as well as on social media or other accounts of TWO COLOURS AGENCY that allow you to leave opinions on its services, subject to separate rules under the terms and conditions of these platforms or services. 
  5. TWO COLOURS AGENCY shall make the Terms and Conditions available to the User free of charge before leaving an Opinion, in particular in the footer of the Website. The User may record the content of the Terms and Conditions in a manner convenient to him/her, e.g. by recording on a durable medium or by printing. 

§2 DEFINITIONS

The terms used in the Regulations mean:

  1. TWO COLORS AGENCY- TWO COLOURS AGENCY limited liability company with registered office at Kuźnicy Kołłątajowskiej 23G/48 31-234 Kraków, entered in the Register of Entrepreneurs of the National Court Register under KRS: 0000763942, NIP: 5482712930, REGON: 382113461, share capital in the amount of 10 000,00 PLN, according to the information corresponding to the current extract from the Register of Entrepreneurs contained in the Central Information of the National Court Register, represented by Dawid Kotrys - President of the Board.
  2. User - an individual, a legal person or an organizational unit that is not a legal person, to which special regulations grant legal capacity, leaving an opinion on the services or products of TWO COLOURS AGENCY, including the Customer.
  3. Customer - A person who has directly purchased or used the services or Products of TWO COLOURS AGENCY. 
  4. Opinion - subjective evaluation made by the User about the services or products of TWO COLOURS AGENCY or any content or activities undertaken by TWO COLOURS AGENCY, constituting the User's own view, posted, stored or distributed in whole or in parts on the Service.
  5. Rules of feedback - these regulations.
  6. Service - Web service available at https://two-colours.com/  as well as on its relevant subpages and related landing pages through which the User can leave an Opinion.
  7. Account - user's account on the Website, if the Website allows you to create one, e.g. when purchasing a service or product. 
  8. Product - A product, as defined herein, is any good, service, digital service, digital content, information and materials made available or provided by TWO COLOURS AGENCY.
  9. Form for leaving feedback - A form available on the Website or on its respective subpages or landing pages, by means of which, the User may leave an Opinion. 
  10. System - a set of cooperating IT devices and software, providing processing and storage, as well as sending
    and receiving data via telecommunications networks using a network-appropriate terminal device (Internet).
  11. Digital environment - computer hardware, software and network connections used by the User to leave an Opinion. The minimum technical requirements are indicated by TWO COLOURS AGENCY in these terms and conditions. 
  12. Consumer Rights Act - Act of May 30, 2014 on consumer rights (Journal of Laws of 2014, item 827, as amended), hereinafter referred to as the Act.
  13. Civil Code - Law of April 23, 1964 (Journal of Laws No. 16, item 93, as amended), hereinafter the Civil Code.
  14. RODO - means Regulation EU 2016/679 of the European Parliament and of the Council of April 27, 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).
  15. Personal Data Protection Act - Act of May 10, 2018 on the protection of personal data (Journal of Laws 2018, item 1000, as amended).
  16. Law on provision of electronic services - The Act of July 18, 2002 on the provision of services by electronic means (Journal of Laws No. 144, item 1204, as amended), hereinafter referred to as the UŚUDE.
  17. Telecommunications Law - Act of July 16, 2004. Telecommunications Law (Journal of Laws 2004 No. 171 item 1800, as amended), hereinafter referred to as Telecommunications Law. 
  18. Law on Copyright and Related Rights - Law of February 4, 1994 on Copyright and Related Rights (i.e., Journal of Laws 2022, item 2509), hereinafter referred to as Copyright Law. 

§3 MINIMUM TECHNICAL REQUIREMENTS

  1. The User may leave an Opinion in a manner that complies with the Regulations and applicable laws and in a manner that does not interfere with the functioning of the Service and other Users using the Service.
  2. In order to leave an Opinion within the Service, you need:
  1. access to the Internet from an enabling device such as a desktop computer, laptop, other mobile device, including equipment that allows communication and completion of necessary forms within the Service, such as a functioning keyboard;
  2. A properly configured, up-to-date version of an Internet browser that supports, among other things, cookies, such as Internet Explorer, Opera, Mozilla Firefox, Safari, Google Chrome, and that allows you to browse the Internet;
  3. an active and properly configured email account, if leaving feedback is confirmed by sending an email (TWO COLOURS AGENCY recommends that the User check that emails with the Service domain do not end up in the "spam", "offers" or other than "main /received" mailbox; TWO COLOURS AGENCY has no control over this and it depends on the User's email box settings and/or the provider of the email box used). 
  1. TWO COLOURS AGENCY provides technical measures to prevent the acquisition, modification or distortion of personal data and information by Users and by unauthorized third parties.
  2. TWO COLOURS AGENCY takes appropriate measures to ensure the proper functioning of the Service, also in the framework of leaving Opinions by Users, among others, uses appropriate tools and protection (e.g. SSL protocol) to make this possible, or services of third parties in this regard.

§4 RULES FOR LEAVING FEEDBACK 

  1. The Service presents the opinions of customers who have used our services and voluntarily expressed opinions about our cooperation.
  2. User's opinions may be posted as follows:
  1. As a result of implementing the content of the Opinion or its screen on the Service by downloading it from other places on the Internet where the User has left an Opinion, such as from social media or comments under the video,
  2. As a result of the publication of Opinions by the User on external platforms such as Google's business card (link: https://www.google.com/search?q=two+colours&oq=two+colours&aqs=chrome.1.69i60j69i59j46i175i199i512j0i512j46i512j0i512j69i60l2.4340j0j7&sourceid=chrome&ie=UTF-8), social media, including a Facebook fanpage and "Reviews/Reviews" tabs (link:_ https://www.facebook.com/TwoColoursAgency/reviews/?ref=page_internal).
  1. Opinions can also be presented in different formats, such as video, pdf, written opinion with the image and data of the customer or user of a particular service, with partially presented personal data or without any personal data. 
  2. Each of our customers has the opportunity to leave an opinion about the service that was performed by us for him and thus agrees to publish it within our Website, social media and for other promotional purposes.  
  3. If an Opinion raises our concerns, it is not presented within the Site. A person who has left an Opinion that has not been published or has been removed by us has the opportunity to contact us to clarify the situation and determine the reasons. 
  4. We are not obliged to publish Opinions on the Website, and we are entitled to remove them when, in our opinion, it is reasonable to do so. We may also publish Selected Opinions, in which case we publish Opinions that best reflect the essence of our cooperation with us and the principles of our service.
  5. We do not use purchased or sponsored opinions. We do not post or have another person post false opinions or recommendations or distort opinions or recommendations to promote our services or Products.  
  6. We may use feedback obtained through barter, in that we provide a particular User with our Product in exchange for leaving an honest and sincere Opinion about it. 
  7. The User may opt out of posting an Opinion on the Website or delete it at any time, either by refraining from posting the Opinion or by contacting TWO COLOURS AGENCY for deletion, if deletion by oneself is impossible or significantly difficult. 
  8. TWO COLOURS AGENCY is entitled to publish both negative and positive Opinions on the Service. 

§5 RULES FOR PUBLISHING AND VERIFYING OPINIONS

  1. The User shall be fully and solely responsible for the content of the Opinion that he or she has left on the Service, as well as for the legal and factual consequences it has caused, including damages and claims of third parties. 
  2. The User shall be entitled and obliged to immediately notify TWO COLOURS AGENCY of any violations noticed. TWO COLOURS AGENCY shall take prompt action to remedy the violations. 
  3. The User is obliged to leave an Opinion in Polish, in a way that is understandable and legible to the average viewer. 
  4. In case of failure to comply with the conditions of these Terms and Conditions, TWO COLOURS AGENCY shall be entitled to refuse to publish the Opinion on the Website. TWO COLOURS AGENCY shall send an e-mail message stating the reasons for the refusal to publish the Opinion to the User within 14 days after the User submits the Opinion. 
  5. As part of using the Service and leaving an Opinion, it is prohibited to provide information of an unlawful nature and, in particular, it is prohibited: 
  1. to distribute and post spam within the Service and Opinions; 
  2. delivery and transmission of content prohibited by law, 
  3. publication of Opinions offensive or violating religious feelings, racist, vulgar, promoting violence, containing pornographic content, etc. 
  4. publication of opinions violating the rights of third parties, such as copyrights or intellectual property rights, or aiming to disclose company secrets or other confidential information, 
  5. publication of Opinions exhorting and advertising other services,
  6. publication of Opinions not related to the Product or service in question,
  7. Publication of Opinions containing personal or contact information.
  8. It is ordered that:
  1. Leave Opinions in a manner consistent with these Regulations and the law;
  2. Leave Opinions in a manner that does not interfere with the operation of the Service.
  1. The user can leave an opinion anonymously or under a pseudonym, especially within external services that allow it, such as social media or Google. 
  2. We make every effort to ensure that the opinions presented on the Site and on the pages of the Site are reliable and come from people who are our actual Customers or Users. To this end, we take reasonable and proportionate steps contained herein to verify that the opinions come from our Customers. Among other things: we obtain consents to publish Opinions for marketing purposes, to distribute selected or all Opinions, and we verify that an Opinion comes from our Customer or User.
  3. The reviews presented within the site are verified by us in such a way that it is checked whether the customer's name is consistent with the contract and the service performed. 
  4. Opinions left within the framework of external services are not verified by us, as we do not have the ability to interfere with the tools belonging to third parties. These opinions are posted by users of these platforms or services acting according to their rules (regulations). We periodically analyze these opinions and report to the services administering them noticed irregularities or abuses. 

§6 COMPLAINT PROCEDURE

  1. TWO COLOURS AGENCY makes every effort to ensure that the Opinions on the Website are reliable and the process of leaving them is intuitive for the User. 
  2. The User is entitled to file a complaint if the process of leaving or verifying an Opinion on the Website does not function properly. 
  3. The complaint should contain data enabling identification of the User (name and surname, at least e-mail address), the subject of the complaint (e.g. type and date of discrepancy occurrence) and the demands related to the complaint. If an incomplete complaint is received, TWO COLOURS AGENCY will call on the User to supplement it.
  4. The complaint should be sent to the e-mail address or address of TWO COLOURS AGENCY specified in these terms and conditions. 
  5. TWO COLOURS AGENCY will respond to the complete complaint within 14 days from the date of receipt of the complaint and will inform the User about further proceedings at the e-mail address of the complainant or in the same manner in which the User contacted or in another manner agreed with the User.
  6. TWO COLOURS AGENCY will process the User's personal data in order to process the complaint in accordance with the Privacy Policy and the Terms and Conditions.

§7 INTELLECTUAL PROPERTY, LICENSE, COPYRIGHT

  1. The user, by leaving an Opinion on the site, declares that it is the product of his/her creative activity and does not violate the rights of third parties. 
  2. A user who publishes an Opinion on the Website or on other services grants TWO COLOURS AGENCY a non-exclusive and non-transferable license, unlimited in time, to use and distribute, modify, copy the contents of the Opinion, without territorial limitation, in whole or in parts, with the right to grant sublicenses, in the following fields of exploitation:
  1. Fixation and reproduction of Opinions by digital processing, by any technique, 
  2. Dissemination of the Opinion by making it available to the public in such a way that anyone can access it at a time and place of their own choosing, mainly on the Internet, public display,
  3. Record by digital method, modifications for your own use, for example, on your own hard drive or in recommended external programs.

§8 PERSONAL DATA 

In accordance with Article 13(1) and (2) of the RODO (i.e., Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of natural persons with regard to the processing of personal data and on the free flow of such data, and repealing Directive 95/46/EC) and the Law of May 10, 2018 on the Protection of Personal Data, we inform you that:

  1. The administrator of the User's personal data is TWO COLOURS AGENCY. The Administrator independently performs the tasks of the Data Protection Officer. You can contact the Administrator using the following details: e-mail: hello@two-colours.com, Phone number: 668039780 or in writing to the Administrator's address.
  2. The User's personal data provided within the Opinion will be processed on the basis of the User's consent, i.e. Article 6(1)(a) of the RODO.
  3. Your personal data may also be processed for the following purposes and on the following legal grounds:
  1. processing of complaints or claims - on the basis of Article 6(1)(b) of the DPA (necessity to conclude and/or perform a contract);
  2. Establish, assert or defend against claims - on the basis of Article 6(1)(f) RODO (legitimate interest of the administrator);
  3. Creation of records and registers related to the RODO - based on Article 6(1)(c) of the RODO (legal obligation) and Article 6(1)(f) of the RODO (legitimate interest of the administrator);
  4. archival and evidential purposes, for the purpose of securing information that can be used to prove facts - on the basis of Article 6(1)(f) of the DPA (legitimate interest of the administrator);
  5. for the purpose of direct marketing directed to the User - on the basis of Article 6(1)(f) RODO (legitimate interest of the administrator),
  6. for the purpose of processing the User's image or video or audio - on the basis of Article 6(1)(a) RODO (consent).
  1. Provision of personal data is voluntary, but necessary for the purposes of publishing an Opinion on the Website and for the realization of the Administrator's legitimate interests. Failure to provide such information will result in the impossibility of publishing an Opinion on the Website.
  2. The User's personal data will be processed for the period of publication of the Opinion, as well as for the period of securing possible claims in accordance with generally applicable laws. Thereafter, they will be deleted unless he or she decides to use the Administrator's services and leaves them on another basis and for the purpose indicated to him or her. 
  3. Your personal data will be shared with other data recipients, such as, for example, IT system maintenance and hosting services, email service provider, mailing service provider, subcontractors and contractors, engaged in the work of TWO COLOURS AGENCY. 
  4. Due to the fact that the Administrator uses third-party providers of various services, e.g. Meta Platforms Ireland Limited (Facebook and subsidiaries), Google, Microsoft, etc., the User's data may be transferred to the United States of America (US) in connection with its storage on US servers (in whole or in part). Google and Meta Platforms Ireland Limited (Facebook and subsidiaries) use the compliance mechanisms provided by the RODO (e.g. certificates) or standard contractual clauses.They will only be transferred to recipients who guarantee the highest data protection and security, including by:   
  1. cooperation with processors of personal data in countries for which a relevant decision of the European Commission has been issued,  
  2. Use of standard contractual clauses issued by the European Commission (as is the case with Google, for example),  
  3. application of binding corporate rules approved by the relevant supervisory authority,  

or to those whose personal data the User has consented to the transfer of.

  1. The user has the right to access the content of his/her data, to correct, delete or limit processing, the right to object to processing, the right to data portability, the right to request access to data, as well as the right to lodge a complaint to the supervisory authority - the President of the Office for Personal Data Protection, if he/she considers that the processing of his/her data is incompatible with currently applicable data protection laws. He also has the right to be forgotten, if further processing is not provided for by currently applicable laws.
  2. You also have the right to withdraw your consent at any time if you have provided your personal data on the basis of consent. Withdrawal of consent does not affect the processing of data that was carried out on the basis of consent before its withdrawal.
  3. User data will not be processed in an automated manner, including profiling within the meaning of the RODO, which means that the Administrator will not make automated decisions that affect the User's rights and freedoms.
  4. In order to ensure the security of the User and the transfer of data in connection with the use of the Website, TWO COLOURS AGENCY shall take technical and organizational measures appropriate to the degree of security risk of the services provided, in particular, measures to prevent the acquisition and modification of personal data by unauthorized persons.
  5. Detailed rules for the collection, processing and storage of personal data used for the publication of Opinions are described in the Privacy and Cookies Policy, which can be found at: https://two-colours.com/polityka-prywatnosci/.

§9 OUT-OF-COURT MEANS OF DISPUTE RESOLUTION
AND REDRESS 

  1. TWO COLOURS AGENCY agrees to submit any disputes arising in connection with the publication of the Opinion to mediation proceedings. Details will be determined by the conflicting parties. 
  2. The user has the opportunity to use out-of-court means of handling complaints and claims. The user has the opportunity to, among other things:
  1. to apply to the permanent amicable consumer court with a request
    for dispute resolution,
  2. to apply to the provincial inspector of the Trade Inspection with a request to initiate mediation proceedings for an amicable settlement of the dispute between the User and TWO COLOURS AGENCY,
  3. free use of the assistance of a district (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection (such as the Federation of Consumers, the Association of Polish Consumers).
  1. For more detailed information on out-of-court ways of handling complaints and redress, the User may look for the following website http://www.uokik.gov.pl As well as at the offices and websites of county (city) consumer ombudsmen, community organizations,
    whose statutory tasks include consumer protection or the Provincial Trade Inspection Inspectorates.
  2. The user can also use the ODR platform, which is available at. http://ec.europa.eu/consumers/odr. The platform serves to resolve disputes between consumers and businesses seeking out-of-court settlement.
  3. The case can be considered by an arbitration court only after the completion of the complaint procedure and in the event that both parties to the dispute agree to it. Otherwise, any disputes shall be submitted to the competent courts in accordance with the provisions of the Code of Civil Procedure and general jurisdiction.

§10 FINAL PROVISIONS

  1. Enabling the posting of Opinions on the Website is provided in the Polish language and based on the provisions of Polish law. 
  2. TWO COLOURS AGENCY reserves the right to make changes to the Terms of Use for important reasons, such as: changes in the law, changes in the methods of providing the service - to the extent that these changes affect the implementation of the provisions of these Terms of Use, changes in technology, changes in the scope of services, Products or assortment on the Site, stylistic or corrective changes that do not affect the substantive form of the Terms of Use and the rights or obligations of the User. The new Regulations shall come into force as of the date of publication on the Site.
  3. The version of the Regulations in effect on the date of the contract, if any, shall apply to Opinions left before the Regulations were amended.
  4. In the event that any provision of these Regulations is found to be inconsistent with generally applicable laws and violates the interests of consumers, TWO COLOURS AGENCY declares to apply the indicated provision.
  5. Settlement of possible disputes between TWO COLOURS AGENCY and the User, who is a consumer within the meaning of Article 22.1 Civil Code or an entrepreneur on the rights of the consumer, shall be submitted to the competent courts in accordance with the relevant provisions of the Code of Civil Procedure.
  6. In matters not regulated by these Regulations, the generally applicable provisions of Polish law shall apply, in particular: Civil Code, Act on Consumer Rights, Act on Providing Services by Electronic Means, Act on Combating Unfair Competition, Act on Personal Data Protection and General Regulation on Personal Data Protection (RODO).

Link to privacy and cookies policy: https://two-colours.com/polityka-prywatnosci/

Link to these Terms and Conditions: https://two-colours.com/regulamin-opinii

Link to previous version of these regulations: ___________________________________

Last Updated: ___________________________________ [dzień/miesiąc/rok]