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  • Terms of use

    Terms of Use of Cosmetic Scan application

    § 1.

    Cosmetic Scan is a mobile application ran by the Administrator of Cosmetic Scan spółka z ograniczoną odpowiedzialnością, available in the Internet at e-mail address: http://cosmeticscan.tech/

    § 2.

    The Administrator performing the services for Cosmetic Scan mobile application is Cosmetic Scan spółka z ograniczoną odpowiedzialnością with the seat at the address: Krakow (30-312), ul. Twardowskiego 33A, with the share capital of 20.000,00 PLN, entered by the District Court for  Krakow-Śródmieście in Krakow, XI Commercial Division to the Registry of Entrepreneurs of the National Court Register under the number: KRS 0000470797, the files of which are kept by the District Court for Krakow-Śródmieście in Krakow, XI Commercial Division, having the following numbers of identification: NIP 6762473390 and REGON 123053691, service address: ul. Życzkowskiego 14 lok. 56, 30-864 Kraków, telephone number: +48 537 555 098, e-mail: biuro@cosmeticscan.pl

    § 3.

    1.    The Terms of Use of Cosmetic Scan define the rules of service performance by the Administrator which is giving access to Users to the on-line mobile application, via which the Administrator enables the Users to verify chemical ingredients given by a producer or a distributor of cosmetics,
    2.    The Application is available:
    on the Administrator’s website: http://cosmeticscan.tech/;
    1)    in the Internet at:

     

    § 4.

     

    The phrases used in the Terms of Use mean:
    1)    Terms of Use – the herein terms of use of Cosmetic Scan, made available by the Administrator in the Internet at: http://cosmeticscan.tech/regulamin/;
    2)    Application – Cosmetic Scan mobile application made available by the Administrator in the Internet at: http://cosmeticscan.tech/ and at the ones specified in § 3., enables the Users to verify chemical ingredients given by a producer or a distributor of cosmetics;
    3)    Administrator – an entity giving access to the Application, defined in § 2 of the Terms;
    4)    User – a physical person using the Application, who in his/her own name can acquire rights and incur liabilities;
    5)    Consumer – the User who is a physical person undertaking a legal transaction unrelated directly with his/her business or professional activity;
    6)    Agreement or Agreements of services by electronic means  – the agreement concluded between the Administrator and the User, the subject of which is the performance of services by electronic means, consisting in making available by the Administrator the application to verify chemical ingredients given by a producer or a distributor of cosmetics, as well as conducting by the Administrator an individual user’s account for the verification of chemical ingredients of cosmetics;
    7)    cosmetic – according to art. 2 paragraph 1 of the Act from 30th March 2001 on cosmetics  (consolidated text, Journal of law from 2013 item 475) each chemical substance or mixture for external contact with a human body: skin, hair, lips, nails, external genital organs, teeth and oral mucosa, the sole or basic aim of which is to keep them clean, care, protect, perfume, change a body’s look or enhance its smell;
    8)    account – a service performed by the Administrator by electronic means, consisting in making available a virtual account to the User, which has and individual name (log-in) and password chosen by this User, including resources in the ICT system of the Administrator via which the User may use the Application and on which the User’s data and actions done with the Application are collected;
    9)    Civil Code – the Act from 23rd April 1964 – Civil Code (consolidated text, Journal of law from 2014 item 121 with changes).

    § 5.

    1.    The Administrator performs by electronic means the following services:

    1. making available the Application which enables the Users to verify chemical ingredients given by a producer or a distributor of cosmetics,
    2. making available a virtual account marked with an individual name (log-in) and password chosen by the User, including resources in the ICT system of the Administrator via which the User may use the Application and on which their data and actions done with the Application are collected.

     

    2.    The Application enables:

    1. manual searching by the User for cosmetics in the Application database in order to verify chemical ingredients given by a producer or a distributor of cosmetics;
    2. scanning by the Users bar codes of cosmetics and their automatic searching in the Application database in order to verify chemical ingredients given by a producer or a distributor of cosmetics;
    3. after scanning a code or manual searching for a cosmetic the User receives the cosmetic’s name, its picture, chemical ingredients given by a producer or distributor;
    4. underlining (highlighting) cosmetic’s ingredients defined by the User as undesired;
    5. marking a cosmetic as good or undesired;
    6. creating by the User own list of good and undesired cosmetics.

    3.    The Application is not a diagnostic tool: the Administrator shall not be responsible for the data introduced by the User.
    4.    The Administrator is not responsible for the completeness and veracity of the data concerning cosmetics’ chemical ingredients.

    § 6.

    In order to use the services by electronic means, the User shall have a device meeting technical requirements necessary to cooperate with the ICT system used by the Administrator, which means having the following:
    1)    a computer, a laptop, a mobile device or other multimedia device connected to the Internet, equipped with the Android system (at least 4.0.3) or iOS (at least 8.0);
    2)    access to the Internet connection of at least 750 kb/s;
    3)    access to e-mail;
    4)    access to the search engine: Mozilla Firefox version 37 or higher or Internet Explorer version 10 or higher, Safari version 8 or higher, Google Chrome version 42 or higher – with JavaScript on, with the possibility to instal plug-ins and switch on Cookies.

    § 7.

    1.    Performance of service by electronic means by the Administrator starts with the day of the conclusion of the Agreement of services by electronic means between the Administrator and the User.
    2.    In order to conclude the Agreement of services by electronic means, the User installs the application on a multimedia device.
    3.    The Agreement of services by electronic means is concluded with the acceptance of the Terms of Use by the User.

    § 8.

    1.    The User may use the Application by an account he/she creates.
    2.    In order to use the Application by e-mail account, the User shall create an account via the Application or social media account which has:

    1. login – which is an individual marking in the form of an e-mail address chosen by the User which is used for logging into the account;
    2. password – any sequence of characters chosen by the User enabling the authorization during logging into the account.

    3.    The Administrator sends a message to confirm the User’s registration to an e-mail address given at the registration. With the moment of the confirmation of the registration by the User the Agreement of services by electronic means upon the Terms of Use between the Administrator and  the User is concluded.
    4.    The conclusion of the Agreement of services by electronic means requires acceptance of the Terms of Use.To use the services of the Application by the created account requires logging into the account, giving the login and the password.
    5.    The User shall keep the password confidential.
    6.    The account includes the data given at the registration. The User may change the data or erase it at any time.
    7.    The User may at any time stop using the services by exiting the Application or logging out from the account.

    § 9.

    1.    The Agreement of service by electronic means is concluded for non-specified period of time.
    2.    The User may at any time denounce the Agreement by:

    1. uninstalling the Application;
    2. sending the demand to erase the account at the e-mail address: biuro@cosmeticscan.pl;making a statement of the Agreement denounce to the Administrator: in writing personally or sending it to the seat of the Administrator at the address: 30-312 Kraków, ul. Twardowskiego 33A or the service address: ul. Życzkowskiego 14 lok. 56, 30-864 Kraków or by electronic means at the Administrator’s e-mail address: biuro@cosmeticscan.pl

    3.    The Administrator may denounce the Agreement with a one-month notice by sending the termination at the e-mail address given by the User.

    § 10.

    1.    The User as a consumer who concluded the Agreement of services by electronic means with the Administrator, may withdraw from it within 14 days without giving any reason or covering costs upon the provisions of paragraphs 2-8.
    2.    The time limit for the withdrawal from the Agreement starts on the day of the Agreement conclusion.
    3.    To comply the time it is enough to send the statement before its end.
    4.    The Consumer may withdraw from the Agreement by the statement of withdrawal handing it in to the Administrator personally or sending it at the Administrator’s seat address: 30-312 Kraków, ul. Twardowskiego 33A or at the service address: ul. Życzkowskiego 14 lok. 56, 30-864 Kraków
    5.    The statement may be done by filling in the form annexed to the Terms of Use – ‘Instructions on the withdrawal from the Agreement and the form of withdrawal from the Agreement’.
    6.    The Consumer may also withdraw from the Agreement of services by electronic means with the form of withdrawal which is the annex to the Terms of Use specified by paragraph 5, sending it at  the Administrator’s e-mail addres: biuro@cosmeticscan.pl
    7.    In case of the withdrawal from the Agreement of service by electronic means, it shall be considered as not concluded.
    8.    In case of the withdrawal from the Agreement, the Consumer does not pay any fees to the Administrator.

    § 11.

    The User may be a physical person, a legal person or an unincorporated body which may in its own name acquire rights or incur liabilities.

    § 12.

    1.    The User is obliged to use the Application according to the legal regulations and good manners and in the manner not violating personal rights or copyrights of the Administrator, other users or third parties.
    2.    The User must not deliver or upload any illegal contents.
    3.    The Administrator may erase any information uploaded by the User if they violate the Terms of Use or law, personal rights or copyrights of the Administrator, other users or third parties.
    4.    The Application is the work according to the Act from 4th February 1994 on copyright and derivative rights (consolidated text, Journal of law from 2006, No. 90, item 631 with changes) or the database according to the Act from 27th July 2001 on database protection (Journal of law No. 128, item 1402 with changes) and is protected upon the rules of the Acts.
    5.    The Administrator grants the User a non-exclusive, unpaid license for the installation on a multimedia device and the use of the Application and the database of the cosmetics on the device only for the private use. Any other use of the Application and the cosmetics database is prohibited.

    § 13.

    The User pays the fees for the ICT services enabling the access to the Application by Internet connection in the amount counted by the ICT services suppliers whose services he uses.

    § 14.

    1.    Thhe Administrator of the Users’s personal data processed for the Application is Cosmetic Scan spółka z ograniczoną odpowiedzialnością with the seat in Krakow (30-312), ul. Twardowskiego 33A, with the share capital of 20.000,00 PLN, entered by the District Court for Krakow-Śródmieście in Krakow, XI Commercial Division to the Registry of Entrepreneurs of the National Court Register under the number: KRS 0000470797, the files of which are kept by the District Court for Krakow-Śródmieście in Krakow, XI Commercial Division, having the following numbers of identification: NIP 6762473390 and REGON 123053691.
    2.    The personal data of the Users are processed according to the Act from 29th August 1997 on personal data protection (consolidated text Journal of law from 2014, item 1182 with changes) and the Act from 18th July 2002 on services by electronic means (consolidated text from 2013, item 1422).
    3.    The Administrator processes the User’s personal data which is his name and surname, e-mail address, age and gender.
    4.    The Administrator processes User’s personal data only in the scope connected to the performance of the services by electronic means in the Application.
    5.    Giving personal data by the User is voluntary: not giving an e-mail address and password results in the lack of possibility to conclude the Agreement.
    6.    The basis to process the User’s personal data is the necessity to realize the Agreement of which he is the party or starting actions before its conclusion on his demand.
    7.    The Users have the right to access their personal data and correct it.
    8.    Each User has the right to control the data processing which concerns him included in the data of the Administrator and especially the right to: demand to complete, update, correct personal data, temporary or permanent process or erase in case of it being incomplete, out-of-date, untrue or collected via the violation of the Act or if it is useless for the fulfillment of the aim for which it was gathered.
    9.     In case of giving by the user permission for the data processing for the direct marketing of own products or the Administrator’s services, the permission may be withdrawn at any time. The Administrator uses technical and organizational means assuring the protection of the processed personal data which is proper for the threat as well as for the category of the data protected and in particular, protects the data against its release to any unauthorized person, taking by an unauthorized person, its processing via the violation of the regulations or its change, loss, failure or damage.
    10.    The Administrator makes available the following technical means preventing gaining and modification by the unauthorized of the personal data sent by electronic means:

    1. protecting the data against its loss (backups) and against unauthorized access with network security systems as firewall, IDS/IPS);
    2. access to the account only upon giving an individual login and password.

    11.    The Users’ personal data may be released – in the scope related to the services by electronic means – to entities performing the services connected with the Application or authorized bodies in the scope resulting from the legal regulations.
    12.    The Administrator processes the following information in the framework of the Application:

    1. personalized data: name and surname (voluntarily), e-mail address, individual password to the account, age (voluntarily), gender (voluntarily), User’s ID (Facebook ID, Google ID);
    2. unpersonalized data: number of a cosmetic scanning, information on scanned cosmetics, frequency of scanning, information on products marked by a person as good or undesirable, activeness in the application, session length, following moves in the application, location, frequency of logging, operational system used, date and time of logging in, date and time of a product scanning, day and time of a product marking, general date and time of the activity in the application, history of scanning, time of uploading a new product to the database and  user’s IP, opinion about the application;
    3. app analytics: number of downloads, device on which the Application id downloaded, number of active applications (devices on which the application is currently installed), number of uninstalls, breakdowns and errors, daily number of updates, rating, current version installed, operational system version, device type, airtime provider, visits to AppStore and Google Play on the application website, impersonal app analytics (e.g. scanning, product choices).

    § 15.

    1.    The Administrator uses ‘cookies’ on his website – information in the form of text files, sent by the server and saved on a device used for the Application.
    2.    The Administrator may process the data from the cookies during the use of the Application for the following purposes:

    1. identification of users as logged in the Application and showing that they are logged in;
    2. saving information introduced by them to the Application;
    3. saving data given at the registration or the logging data;
    4. adjustment of the Application content to individual preferences of the user and optimizing the use of Application;
    5. conducting anonymous statistics presenting the way of the Application use.

    3.    Conventionally, the majority of search engines accept by default saving cookies. The User may at any time withdraw his acceptance for the use of cookies by the Administrator. For this purpose, the User shall make proper changes in the settings of the search engine used for the Application.
    4.    Detailed information concerning the settings change referring cookies or their independent erasing in search engines is available in the help section of an engine.

    § 16.

    1.    The User may make a complaint about the Administrator’s services at the address: biuro@cosmeticscan.pl , in writing bringing it personally or sending it at the address of the seat: 30-312 Kraków, ul. Twardowskiego 33A or the service address: ul. Życzkowskiego 14 lok. 56, 30-864 Kraków
    2.    The User may make a complaint when the services are not duly performed by the Administrator or with the violation of Terms of Use provisions.
    3.    It is recommended to give the following information in a complaint: User’s identification data and his account, information concerning the complaint subject, in particular, the type and date of occurrence of an irregularity, a demand of the User and contact data. Non-inclusion of the data mentioned before does not influence the efficiency of the complaint.
    4.    In case of the requirement to complete any information, the Administrator will ask for it in a given scope before the administration of the claim.
    5.    The Administrator shall administer the User’s claim immediately and inform him about the method of its administrating within 14 days from the claim issuing and if any information requires completion – within 14 days from the completion day. In justified cases, the administration time may be prolonged by another 14 days, about which the Administrator shall inform the User.

    § 17.

    1.    Any disputes concerning the performance of the services by electronic means by the Administrator shall be resolved by proper Polish common courts.
    2.    The User who is a consumer has the possibility to use out of court complaint administration and compensation claims. The principles of access to out of court complaint administration and compensation claims are available in seats and on websites of municipal consumers, social organizations which have such tasks in the articles, Trading Standard Associations and on the following websites of the Office of Competition and Consumer Protection:

    1. http://www.uokik.gov.pl/spory_konsumenckie.php;
    2. http://www.uokik.gov.pl/sprawy_indywidualne.php;
    3. http://www.uokik.gov.pl/wazne_adresy.php.

     

    § 18.

    1.    The Administrator has the right to change the Terms of Use in justified cases by publishing the changes in its electronic version online at the address: http://cosmeticscan.tech/regulamin/.
    2.    The changes of the Terms of Use bind the User after 14 days since the day of their publishing as specified in point 1.
    3.    In case of the change of Terms of Use, the User has the right to denounce the Agreement of services by electronic means without paying any fees at any time.
    4.    The User may denounce the Agreement for the change of Terms of Use specified in § 9 point 2.
    5.    In case of the Agreement denouncing, the User does not pay any fees to the Administrator.

    § 19.

    1.    The provisions of the Terms of Use bind all the Users of the Application.
    2.    Using the Application requires the acceptance of the Terms of Use.
    3.    The Administrator gives the Users access to the Terms of Use for free by putting it in the Internet in the electronic form at the address: http://cosmeticscan.tech/regulamin/ with the possibility to gain, open and save the content of the Terms of Use with the ICT system of the User.
    4.    In matters not covered by the Terms of Use, generally applicable law shall be used.

     

    Do pobrania:

    Annex to the Terms of Use of the Cosmetic Scan Application