Attachment no. 2 to the SARE System Regulations
- Digitree Group S. A., with seat in Rybnik, Poland, as the entity providing professional services by electronic means, does not consent to and does not allow the usage of the SARE System and the related software to send electronic messages not ordered by Recipients, as well as to perform any other activities contrary to the law.
- Digitree Group S. A. does not allow usage of the SARE System and the related software for the purpose of sending electronic messages violating the provisions of respective SARE System Regulations within the scope of services provided by Digitree Group S. A.
- Digitree Group S. A. reserves the right to use any legal and technical security measures protecting the websites, software and systems of Digitree Group S. A. against their usage for the purpose of sending messages that may violate the law, rules of good on-line conduct, and in particular messages, to the reception of which the recipient never consented (spam).
- Digitree Group S. A. requires Users, within the scope of provision of the SARE System and the related software, to adhere to the requirements of common provisions of the law, in particular to adhere to and to utilise the following provisions: the Polish act of July 18th, 2002, on the provision of services by electronic means, the Regulation (EU) 2016/ 679 of the European Parliament and of the Council of April 26th, 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), the Polish act on the protection of personal data of May 10th, 2018, Directive 2000/ 31/ EC of the European Parliament and of the Council of June 8th, 2000, on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce), Directive 2002/ 58/ EC of the European Parliament and of the Council of July 12th, 2002, concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications). Should the User of Digitree Group S.A. services be obliged to adhere to other provisions (e. g. particular provisions of domestic law), then Digitree Group S.A. binds the User to adapt their actions to these.
- Spam is an unsolicited electronic message, usually sent out at the same time to many recipients, its content not differing significantly between the individual recipients. The term ‘unsolicited’ means that the recipient did not provide any prior conscious (wilful) consent to receive such a message.
- Should the given User not hold the consent of recipients to receive commercial messages by e-mail, they should acquire such consent before sending such messages to such persons.
- Digitree Group S. A. makes the reservation that should it receive reports that any of the Users would be sending out spam, they may act against such behaviour, in particular by:
–admonitions and warnings to the sender of the spam about such behaviour being unacceptable, and about the possible consequences thereof;
– a temporary suspension of the account;
– a complete suspension of the account and dissolution of the contract with the spamming user; d. notification of relevant institutions about the user committing transgressions or crimes.
- Digitree Group S. A. states that they shall act against all manner of violations of the rules of usage of the services. Should Digitree Group S. A. receive complaints concerning the sending of unsolicited information by e-mail, Digitree Group S. A. will react in the manner described in the present document and in other SARE System Regulations. The sender of the message bears exclusive and full responsibility, including responsibility for damage compensation, for the effects of their actions. 9. Digitree Group S. A. strictly forbids its Users to import to the SARE System or to use by them, when sending messages, databases that were rented out by the user or purchased by them, unless the User, along with the purchase, had also effectively purchased all the necessary consents from the Recipients, provided them with the relevant information concerning personal data processing and is entitled to utilise this database within the SARE System.
- Should this be required by binding provisions of the law and by the character of the relevant message, the User is obliged to include in the messages they send an information on a simple manner of submission by the recipient of the will to unsubscribe from the reception of messages from the User (in particular by way of a link to an opt-out form). Following the submission of this will, the User obliges themselves to immediately cease sending further information using the SARE System.
- The User is obliged to include in the messages they send correct and true information concerning the message sender, to which the given User is entitled, including in particular information that will not confuse the recipients.
- It is forbidden to use the SARE System and Digitree Group S. A. software to send out unsolicited or unwanted electronic correspondence. In case of reception of spam, this should be reported to email@example.com or by post to Digitree Group S. A., address Raciborska 35a, 44-200 Rybnik, Poland.