Rules and Regulations
Bookero is an on-line booking system designed for small and medium-sized companies, the task of which is to improve customer service in regards to finding a free date in often already tight schedules of its clients.
So much for the introduction, now it's time for the formalities. To begin with, the identification data of the bookero system administrator: SAFI STUDIO Paweł Nowakowski, Dębina, ul. Spacerowa 25, 05-152 Czosnów, NIP (tax identification number): 5311610855.
In case of any doubts related to the bookero system, you can contact us at any time by sending a message to firstname.lastname@example.org.
The provisions contained in the Rules and Regulations for the Provision of Services in the www.bookero.org application constitute the Regulations for the provision of electronic services within the meaning of Article 8(1)(1) of the Act of 18 July 2002 on the provision of electronic services (Polish Journal of Laws 2002, No. 144, item 1204, as amended) by SAFI STUDIO Paweł Nowakowski, NIP number 5311610855, REGON number 141920903 , registered office address: Dębina Spacerowa 25, 05-152 Czosnów, Nowy Dwór Mazowiecki County, Masovian Voivodeship.
In case of discrepancies between the language versions of these Terms and Conditions, the Polish version shall prevail.
§ 1. Definitions
For the purposes of these Rules and Regulations, the following terms are defined as follows:
- Administrator - SAFI STUDIO Paweł Nowakowski, Dębina, ul. Spacerowa 25, 05-152 Czosnów, NIP (tax identification number): 5311610855,
- Application - a mobile application made in PWA technology, which is part of the System; when the Rules and Regulations refer to the System, it also means the Application,
- Package - a package within which the User uses the System,
- Rules and Regulations - these regulations are available at https://www.bookero.org/terms-and-conditions,
- System - online booking system bookero,
- Agreement - an agreement for the provision of electronic services, by which the Administrator undertakes to provide the User with a service consisting in providing the User with access to the System, and the User undertakes to use the System in a manner consistent with the Rules and Regulations, law and good practices, and to contribute to the Administrator fees related to the use of the System, if such an obligation results from the Package selected by the User,
- User - a natural person with full legal capacity, a legal person, running a business.
§ 2. Introductory Provisions
- The Administrator is the creator of the System, this person makes it available to Users, and therefore provides the Users with electronic services on the terms described in the Rules and Regulations.
- The system is dedicated to entities conducting business activity.
- To use the System, it is not necessary for a computer or other User's device to meet any special requirements. The following are sufficient:
- Internet access,
- standard operating system,
- standard web browser,
- active e-mail address.
- Using the System is not possible anonymously, i.e. it requires providing certain data (company, e-mail address, telephone number) at the time of registering an account in the System. As part of completing the information in the account, the User may provide more data.
- The use of the System entails payment - the cost depends on the Package selected by the User. Moreover, regardless of the selected Package, the use of the System is always free of charge for the first 14 days from registering an account in the System.
- The User bears the costs of data transmission required to use the System and the costs of data transmission required to download, run and use the Application.
- The Administrator will make every effort to ensure that the data transmission via the Internet as part of the use of the System and Application is secure, i.e. that the information is sent in its entirety and is fully confidential. However, the Administrator is not responsible for any unauthorised access to the transmitted data resulting from circumstances on the User's side, such as, for example, spyware installed on the User's device, weak password to the user's account, improper protection of the User's access data to the account.
- In order to ensure the User's security, the Administrator takes technical and organisational measures appropriate to the degree of threat to the security of the services provided, in particular measures to prevent the modification and acquisition of personal data by unauthorised persons. In case of any doubts in this regard, the User may contact the Administrator by sending a message to email@example.com.
- The Administrator may at any time decide to change, withdraw or add new System or Application functions.
- The Administrator is entitled to transfer all or part of his rights and obligations related to the System to a third party without the prior consent of the Users.
- The Administrator is entitled to use the help of third parties in connection with the functioning of the System, in particular to ensure the proper functioning, development and operation of the System.
§ 3. Account in the System
- In order to use the System, it is necessary to register an account.
- Account registration is possible on the website https://www.bookero.org/register.
- If the registration form has been filled in correctly, after clicking the "Register" button, an account will be automatically created with the User logged in and the System desktop displayed. At this point, the Agreement between the User and the Administrator is considered concluded.
- After creating an account in the System, the User may access it at any time by logging in using the e-mail address and password assigned to the account. The password is defined for the first time in the registration form, and then it can be changed at any time from the user panel.
- The User should exercise particular caution when storing access data to his account in the System so that unauthorised persons do not gain access to them.
- The User should not allow third parties to access his account in the System. The User is responsible for the confidentiality and security of his account, who should immediately inform the Administrator about the unlawful use of his account by third parties.
- The Administrator may at any time block the account of the User who uses the System in a manner that is against the law, the Rules and Regulations or good practices. The User will be notified of this fact to the e-mail address assigned to his account in the System. If the User fails to clarify the situation with the Administrator within 30 days of notifying the User about the account being blocked, the Administrator may terminate the Agreement with immediate effect and delete the User's account. If the account was blocked or deleted during the billing period paid by the User, the User is not entitled to a refund of any part of the fee paid in advance for the selected billing period, as well as a refund for the unused SMS package.
- The Administrator may terminate the Agreement with immediate effect and delete the User's account if the User does not pay the fee for the next billing period within 30 days from the end of the paid billing period.
- The Administrator may terminate the Agreement with a three-day notice period and delete the User's account if the Administrator finds that the type of activity conducted by the User, under which the User uses the System, adversely affects the good name or reputation of the Administrator or the System. If the account was deleted during the billing period paid by the User, the User is entitled to a refund of the fee in proportion to the duration of the Agreement in that billing period.
- The User may terminate the Agreement with immediate effect and delete the User's account, provided that at the time of termination, the billing period paid by the User does not apply. The contract cannot be terminated by the User during the period of the pre-paid billing period in accordance with § 5 (5) of the Rules and Regulations.
- The deletion of the account also means the deletion of all data collected within the System. It will not be possible to recover this data.
§ 4. Using the System
- Using the System is possible after logging into the account in the System.
- The System functions available to the User differ depending on the Package selected by the User. The description of individual Packages along with the functions assigned to them can be found here: https://www.bookero.org/pricing.
- System functions may be extended, modified or removed.
- In case of any doubts regarding the system functions, the User may contact the Administrator by sending a message to firstname.lastname@example.org.
- The User is obliged to use the System in a manner consistent with the law, the Rules and Regulations and good practices, in particular to:
- use the System in a way that does not interfere with its functioning, in particular through the use of specific software or devices,
- not to take actions such as: sending or placing unsolicited commercial information in the System, taking IT or other activities aimed at obtaining information not intended for the User,
- not to provide or post to the System any content prohibited by applicable law, in particular racist, discriminatory, vulgar, inciting violence and hatred, violating any rights or well-being of third parties,
- use the System in a way that is not inconvenient for other Users and the Administrator, with respect for their personal goods (including the right to privacy) and all their rights,
- entering into the System only such personal data for which it has an appropriate basis allowing it to process such data,
- not to use the System to process personal data in an unlawful manner.
- The User is responsible for his actions related to the use of the System and for the content found in his account in the System.
- The system is only intended to support the process of servicing the User's customers. The Administrator is not involved in any way in the process of providing these services, nor is he a party to contracts concluded by the User with his clients.
§ 5. Fees
- Moreover, regardless of the selected Package, the use of the System is always free of charge for the first 14 days from registering an account in the System.
- The fees for using the System are always paid in advance. The amount of the fee depends on the Package selected by the User and the billing period. Packages with billing periods and the fees assigned to them are described here: https://www.bookero.org/pricing.
- Fees are paid in advance for the entire billing period selected by the User. During the billing period, the User may not resign from using the System in the sense that he cannot claim a refund of any part of the fee paid for that billing period, even if he does not actually use the System. This means that the Agreement cannot be terminated by the User during the billing period for which the User has paid the fee in advance.
- Regardless of the fee for using the System under the selected Package and in the selected billing period, the User may purchase SMS packages. SMS packages allow the User to increase the number of SMS messages that can be sent via the system to the User's customers. The fee for the selected SMS package is not refundable, even if the User does not use all the SMS messages that he can send as part of the purchased package.
- The fees are paid via the paypal.com
- Data related to the payment are provided directly on the transaction page of the paypal.com website.
- The User also has the option to set up an automatic revolving payment using a payment card. The automatic revolving payment is that the User does not have to make a payment each time according to the procedure described above, but may choose that the payment card provided by the User will be automatically charged when the payment is necessary to maintain the continuity of the services provided by the Administrator. The User may set up an automatic revolving payment both when it comes to the fee for the use of the System, as well as the fee for the purchase of the SMS package. The automatic debit of the payment card under the automatic renewable payment is treated the same as the User's payment of the fee manually. Automatic revolving payment is implemented by a third-party operator - Stripe. The Administrator does not store the Users' payment card numbers, but only the last 4 digits of the payment card number and the card ID from Stripe. The Administrator does not have access to the full payment data, which is managed directly and independently of the Administrator by Stripe. The User can cancel the set automatic revolving payment at any time, which will make the next payment required to maintain the continuity of the Administrator's services must be made manually, or the User must set the automatic revolving payment again.
- Payment service, selection of Packages and billing periods, purchase of SMS packages is carried out from the "Billing" tab available after logging into the account in the System.
- As part of the "Billing" tab, the User is presented with information about the currently applicable Package and the period in which he can use it within the pre-paid billing period.
- If the billing period paid by the User ends and the User does not pay the fee for the next billing period, the User will still be able to log into the account in the System, subject to § 3 (9) of the Rules and Regulations, but will not be able to use some of the System's functions.
- Invoices documenting payments made by the User are generated automatically and available for download in the "Billing" tab from the level of the account in the System. The User agrees to receive invoices in this way by accepting the Rules and Regulations.
- In case of any doubts related to the billing, the User should contact the Administrator.
§ 6. Technical breaks and problems
- The Administrator will make every effort to ensure that the System works uninterrupted and undisturbed.
- The Administrator is entitled to temporary breaks in the operation of the System for technical reasons. The Administrator will notify the User about the planned technical break in the form of an e-mail.
- The Administrator hereby informs the User that temporary interruptions in the operation of the System may also be unplanned, in particular due to breakdowns and technical defects beyond the Administrator's control.
- The Administrator takes steps to ensure that the System functions properly, but is not able to guarantee that the User will not encounter various technical problems while using the System. The User should inform the Administrator about any irregularities or interruptions in the functioning of the System.
- The Administrator is not responsible for limitations or technical problems in the IT systems used by the User, which prevent or hinder the use of the System.
§ 7. Personal data and cookies
- The Administrator of the User's personal data within the meaning of the provisions on the protection of personal data is the Administrator.
- In relation to the personal data of the User's clients, which are processed in the System in connection with the use of the System by the User, the Administrator is only a processor, and the Administrator within the meaning of the provisions on the protection of personal data is the User.
- By collecting personal data of its clients in the System, the User entrusts the Administrator with the processing of this personal data in order to provide the User with a service in the form of providing the User with access to the System. The rules for entrusting the processing of personal data are described in Annex 1 to the Rules and Regulations.
§ 8. Complaints
- The User may submit complaints in connection with the use of the System.
- A complaint should include the following details:
- identification of the User,
- the subject of the complaint,
- circumstances justifying the complaint,
- User's request in connection with the complaint.
- Complaints may be submitted in the form of an e-mail to the Administrator's e-mail address, i.e. email@example.com.
- The Administrator will consider the complaint within 14 days of receiving the complaint. They will notify the User about their decision after considering the complaint and will respond to the message received earlier.
§ 9. Copyright
- The Administrator is entitled to copyrights to the System.
- Copying, modifying, distributing, reproducing the System in whole or in part is a violation of the Administrator's copyrights and may result in civil or criminal liability.
- By adding any content as part of an account in the System, the User grants the Administrator a non-exclusive, free, territorially unlimited license to distribute this content within the System. The license is granted for the duration of the Agreement.
- In connection with the use of the bookero system, the user agrees to the use of his company's logotype for the purpose of placing it on the website www.bookero.org.
§ 10. Final Provisions
- The Rules and Regulations in this wording shall apply from April 13, 2021.
- 2. The Administrator reserves the right to make changes to the Rules and Regulations. Users who have an account in the System will be notified of each amendment to the Rules and Regulations by e-mail, specifying the effective date of the amendments to the Rules and Regulations. Further use of the System after a specific date is tantamount to acceptance of the Rules and Regulations after the changes.
Appendix No. 1 - Principles of entrusting the processing of personal data
- The User entrusts the Administrator with the processing of personal data of his clients collected as part of the System, which may include, in particular: name and surname, e-mail address, company, address of the registered office or place of permanent business activity, telephone number, website address, other data related to the reservation of the date made by the customer via the System.
- Entrustment concerns the period in which the data are actually available within the System. The User may delete data from the System at any time. The data is also deleted along with the permanent deletion of the User's account.
- The Administrator undertakes not to gain access to the data entrusted to him for processing in any way. The role of the Administrator is limited only to storing data in IT resources on the basis of which the System functions. In addition, the entrusted data is stored in an encrypted form. The Administrator is not entitled to undertake any processing activities other than storage in relation to the entrusted data, subject to paragraph 4 below. The Administrator undertakes to maintain full confidentiality in the scope of data entrusted to him.
- In a situation where the technical assistance regarding the System requires access to the resources in which personal data are stored, the Administrator is entitled to obtain such access only for the purpose of handling the technical inquiry submitted by the User. Submitting such a technical inquiry is tantamount to authorization to gain access to resources related to the submitted inquiry.
- The Administrator also declares that the persons employed in the processing of entrusted personal data have been given authorisation to process personal data and that these persons have been acquainted with the provisions on the protection of personal data and with responsibility for non-compliance with them, undertook to comply with them and to keep confidential the processed data for an indefinite period, personal data and methods of securing them.
- At the request of the User or the data subject, the Administrator will indicate the places where he processes the entrusted data.
- The Administrator undertakes to apply technical and organisational measures aimed at the threats to the personal data. The Administrator also undertakes to secure the personal data entrusted for processing, in particular to protect them against disclosure to unauthorised persons, removal by an unauthorised person, processing in violation of the law, and alteration, loss, damage or destruction.
- The Administrator declares that the IT systems used to process the entrusted data meet the requirements of the currently applicable law.
- The Administrator, taking into account the nature of the processing, assists the User with appropriate technical and organisational measures to fulfill the obligation to respond to requests of the data subject in the exercise of their rights set out in chapter III of the Rules and Regulations.
- The Administrator is obliged to notify the User of any suspected breach or finding of a breach of personal data protection - no later than within 24 (say: twenty-four) hours from the moment of becoming aware of a suspected breach or finding a breach of personal data protection. In the notification, the Administrator is obliged to indicate the circumstances of the event, probable causes and measures that were used in connection with the event in order to minimise the negative effects - along with the necessary documentation. The Administrator is obliged to provide the User with the opportunity to participate in explaining the circumstances of the event. The Administrator is obliged to provide all information and explanations, as well as take all actions that will enable the User to fulfill the notification obligation to the President of the Personal Data Protection Office.
- The Administrator, taking into account the nature of the processing and the information available to him, helps the User to fulfill the obligations set out in Article 32-36 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27th of April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation).
- After the end of the provision of services related to processing, the Administrator permanently deletes all entrusted personal data and deletes all existing copies, unless specific legal provisions require the storage of personal data.
- The Administrator provides the User with all information necessary to demonstrate compliance with the obligations related to entrusting data processing and enables the User or an auditor authorized by the User to conduct audits, including inspections.
- The user controls the processing of the entrusted data after informing the Administrator about the planned control. The user or persons designated by The User are entitled to enter the premises where the data is processed and to access the documentation related to data processing. The User is entitled to request the Administrator to provide information on the course of data processing and to provide the processing registers (reserving the rights to business confidentiality to the Administrator).
- The Administrator may entrust specific processing operations of personal data under a sub-processing agreement to other processors, subject to prior approval by the User of the sub-processor or no objection. By accepting the Rules and Regulations, the User accepts the following sub-processors:
- TheCamels S.C. – data storage on the server,
- MailGun Technologies, Inc. – subcontracting in the field of handling transactional e-mails,
- Link Mobility Poland Sp. z o.o. – subcontracting in the field of handling SMS reminders,
- Microsoft – subcontracting the integration with the Outlook calendar - only if the User voluntarily activates such integration,
- Google – subcontracting the integration with the Google calendar - only if the User voluntarily activates such integration,
- Entrusting data processing to sub-processors outside the list referred to above requires prior notification by the User in order to be able to object. The user may, for justified reasons, submit a documented objection to the entrustment of data to a specific sub-processor. In the event of an objection, the Administrator has no right to entrust the data to the post-processor subject to the objection, and if the objection relates to the current sub-processor, he must immediately terminate the sub-processing to this sub-processor. Doubts as to the legitimacy of the objection and possible negative consequences will be reported by the Administrator to the User in time to ensure the continuity of processing. If the User's objection prevents the further provision of services to the Administrator, the Administrator is entitled to stop providing further services without the right to any compensation on the part of the User.
- When making a sub-processing, the Administrator is obliged to oblige the sub-processor to fulfill all obligations of the Administrator under this document, except for those that are not applicable due to the nature of a specific sub-processing.
- The User is responsible for compliance with the law on the processing and protection of personal data in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27th of April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and the repeal of Directive 95/46 / EC (General Data Protection Regulation). The above does not exclude the Administrator's responsibility for the processing of entrusted data contrary to the principles described in this document.
- The Administrator is responsible for damages caused by processing, if he did not fulfill the obligations imposed by this document, or if he acted contrary to User's instructions and/or in accordance with User's instructions which are prohibited by applicable law.