The terms used herein shall mean:
- E-mail address - a designation of an ICT system that enables communication via electronic means of communication.
- Application – the Chatwee application hosted on Service Provider's server that enables communication of people visiting the website on which it is installed. The number of people who can communicate simultaneously via the Application depends on the type of Application that is installed on the website designated by the User when signing in.
- Cookies – text files saved by the Service Provider's Site server on the hard drive of the computer used by the Client. The information stored in text files can be read by the Site server when reconnecting with the same computer, and they can also be read by other servers or other users of the Internet.
- Personal data - any information relating to an identified or identifiable natural person processed by the Service Provider in order to properly provide the Services specified herein, as well as for statistical purposes of operating the Site.
- Application form – the form completed by the user in order to use Services of the Site.
- Login - a sequence of characters entered by the User on the Site at the registration stage to allow later identification of the User while using the Site.
- Control Panel - a server space made available by the Service Provider, after User's registration, accessible by the User after logging in, for making personalized settings and configuring Application layout.
- Terms and Conditions – these Terms and Conditions of Use for “Chatwee” Web Site. The Terms and Conditions are available at www.chatwee.com/social-chat-software/terms.
- Site – the “Chatwee” Web Site being property of the Service Provider and including Services provided by the Service Provider. The Site is available at www.chatwee.com.
- ICT (Information and Communication Technology) System – a set of set of cooperating computer equipment and software, providing processing and storage, as well as sending and receiving data through telecommunication networks using a terminal device appropriate for the specific type of network, as interpreted by the Polish Telecommunication Act of 16 July 2004 (Journal of Laws 2004, No. 171, item 1800, as amended).
- Electronic Communication Media – technical solutions, including ICT equipment and their associated software tools, enabling individual remote communication using data transmission between ICT Systems, in particular e-mail.
- Agreement – an agreement for the provision of electronic services concluded between the Service Provider and the Client upon registration on the Site, or the actual use of the Service, with the content corresponding to the Terms and Conditions.
- PDPA – Polish Act of 29 August 1997 r. on protection of personal data (Journal of Laws 2002. No. 101, Item 926, as amended).
- Services – paid Services and free Services provided by Service Provider to the Client through the Site.
- Free Services – Services rendered by the Service Provider to the Client basing on these Terms and Conditions without having to pay any fees.
- Paid Services - services for which the Service Provider will charge according to the price list.
- Client - a natural person, legal person or an organizational unit without legal personality, with legal capacity conferred by the valid legislation, which is the “recipient of service” within the meaning of Art. 2 Section 7 of Polish Act on Electronic Services (AES) that uses the services offered by the Site under the Agreement.
- Service Provider – Chatwee sp. z o.o. with principal place of business in Sompolno, Poland (postal code 62-610), Piotrowska 4, entered in the register of entrepreneurs of the National Court Register kept by the District Court in Poznań – Nowe Miasto and Wilda, 11th Commercial Division of the National Court Register under the KRS number 0000047509, Tax ID (NIP) 6652990463, statistical ID (REGON) 302264113.
- Username - a sequence of characters entered by the User in the Application at the registration stage to allow later identification of the User while using the Application.
- AES – Polish Act on provision of electronic services of 18 July 2002 (Journal of Laws No. 144, item 1204, as amended).
- User – the Client who registered on the Site or in the Application.
- The Service Provider, as a data administrator under PDPA and in connection with the AES Regulation, is entitled for processing Personal Data of the Client for purposes of using the Service, in accordance with regulations for services (accounting) settlement, handling of complaints, claims for payments for use of the Service and for clarification of circumstances of unauthorized use of the Service.
- The scope of Personal Data necessary for the provision of the Services by the Service Provider is dependent on the type of Service provided within the Site:
- Free: first name, last name or company name, e-mail address, Login.
- Starter, Basic, Premium, Enterprise: first name, last name or company name, e-mail address, Login, home address or business address (street, apartment number, zip code, city, country), tax identification number (VAT No. - in the case of companies).
- To properly file a complaint, the Client should provide at least the following Personal Data: name, surname, e-mail address or mailing address.
- The Service Provider also processes performance data (an identifier for the Client in the Service and Application, IP address) for the implementation of improvements in service, as well as for statistical purposes.
- The Service Provider allows the Client to use the Services in the Site anonymously or under a nickname in the case of services where this is technically possible and customary.
- The Service Provider ensures safety of Client's Personal Data by physical, organizational and hardware safeguards necessary to ensure the security of Personal Data processed within the Site. The Service Provider meets all the requirements of the PDPA. In addition, the Service Provider provides technical measures to prevent the unauthorized acquisition and modification of personal data transmitted electronically.
- Personal data of the Client are kept on the dedicated server being a property of BSB Service GmbH with principal place of business at Daimlerstr. 9-1150354 Huerth (Germany), under contract for lease of a dedicated server.
- The Client has the right to access his/her Personal Data and to modify them.
- The Service Provider provides protection of the Personal Data provided by the Client against unauthorized access and disclosure to third parties, provided that, in certain situations, such disclosure of Personal Data may required by the applicable law.
- Providing Personal Data is voluntary, but necessary to provide the Services in accordance with these Terms and Conditions.
- COOKIES POLICY
- The Cookies are used for the functioning of both the Service and the Application.
- Cookies are not used to obtain any information about the Clients of the Site or the Application, nor to monitor their navigation.
- Cookies do not store any information, in particular any Personal Data collected from Clients.
- The Cookies installed on the hard drive of Client's computer do not cause any changes in the computer configuration or software installed on it.
- statistical purposes,
- improvements to the structure and the content,
- storing personalized Client's settings,
- storing session ID,
- storing User logging-in actions to the Control Panel.
- The Web browser used by the Client may store Cookies in Client's end device by default.
- The Client is entitled to change the browser settings to define the conditions of Cookies storage, in particular by disabling Cookies support or by alerting each time a Cookie is saved on the hard drive of the Client's unit.
- The detailed information about Cookies support is available in the settings of your Client's Web browser.
- Any restrictions in Cookies support may cause undesired operation of the different functionalities of the Service or the Application.
- Within the Site, the Service Provider uses PHPSESSIONID Cookies. Within the Application, the Service Provider uses following Cookies: chch-NB, chch-TM, chch-OC, chch-UE, chch-UH and JSESSIONID.
Last Updated: August 27th, 2013