Privacy Policy
PRIVACY POLICY OF THE WEBSITE www.brainairs.com
1. For the Owner of this website, the protection of Users' personal data is of the utmost importance. It makes every effort to ensure that Users feel safe when entrusting their personal data when using the website.
2. User is a natural person, a legal person or an organizational unit without legal personality, which is granted legal capacity by law, using electronic services available on the website.
3. This privacy policy explains the principles and scope of processing of the User's personal data, his rights as well as the obligations of the data administrator, and also informs about the use of cookies. 4. The Administrator uses the latest technical measures and organizational solutions to ensure a high level of protection of processed personal data and protection against access by unauthorized persons.
I. PERSONAL DATA ADMINISTRATOR The administrator of personal data is Agnieszka Orłowska BrainAirs Smart Way of Learning Agnieszka Orłowska NIP: 7393226637 REGON: 527449829, kontakt@braiairs.com
II. PURPOSE OF PROCESSING PERSONAL DATA The Administrator processes the User's personal data for the following purposes: This means that these data are needed in particular for: a. register on the website; b. concluding a contract; c. make settlements; d. delivery of goods ordered by the User or provision of services; e. the User exercising all consumer rights (e.g. withdrawal from the contract, warranty).
3. The User may also consent to receiving information about new products and promotions, which will result in the administrator also processing personal data in order to send the User commercial information, including: new products or services, promotions or sales.
4. Personal data is also processed as part of the fulfillment of legal obligations imposed on the data controller and the implementation of tasks in the public interest, including: to perform tasks related to security and defense or storing tax documentation.
5. Personal data may also be processed for the purposes of direct marketing of products, securing and pursuing claims or protection against claims of the User or a third party, as well as marketing of services and products of third parties or own marketing, which is not direct marketing.
III. DATA TYPE
1. The administrator processes the following personal data, the provision of which is necessary to: a. register on the website: - name and surname; - e-mail address; b. making purchases via the website: - name and surname; - sex; - delivery address; - telephone number; - e-mail address; c. Optional data provided by the User: - date of birth; - PESEL number (in case of requesting an invoice); - NIP number (in case of requesting an invoice for the entrepreneur). 2. In the event of withdrawal from the contract or acceptance of a complaint, and the refund is made directly to the User's bank account, we also process information regarding the bank account number in order to refund the amount due.
IV. LEGAL BASIS FOR THE PROCESSING OF PERSONAL DATA
1. Personal data are processed in accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 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), OJ L 119, 4/05/2016, p. 1-88, hereinafter referred to as: "GDPR regulation".
2. The Administrator processes personal data only after obtaining the User's consent, expressed at the time of registration on the website or at the time of confirmation of the transaction made on the website.
3. The user may withdraw his/her consent to the processing of his/her personal data at any time, without giving a reason. The request not to process data may concern the specific purpose of processing indicated by the User, e.g. withdrawal of consent to receive commercial information, or concern all purposes of data processing. Withdrawal of consent for all purposes of processing will result in the User's account being deleted from the website, along with all the User's personal data previously processed by the administrator. Withdrawal of consent will not affect actions already performed.
4. The User may at any time, without giving a reason, request that the administrator delete his or her data. A request to delete data will not affect any activities performed so far. Deleting data means simultaneous deletion of the User's account, along with all personal data previously saved and processed by the administrator.
5. The User may object to the processing of personal data at any time, both in terms of all the User's personal data processed by the administrator, and only to a limited extent, e.g. regarding the processing of data for a specific purpose. The objection will not affect any actions taken so far. Filing an objection will result in deletion of the User's account, along with all personal data saved and processed by the administrator so far.
6. The User may request that the processing of personal data be limited, either for a specified period of time or without a time limit, but to a specific extent, which the administrator will be obliged to comply with. This request will not affect any actions performed so far.
7. The User may request that the administrator transfer the User's processed personal data to another entity. For this purpose, the User should write a request to the administrator, indicating to which entity (name, address) the User's personal data should be transferred and what specific data the User would like the administrator to provide. After the User confirms his/her wish, the administrator will provide the User's personal data in electronic form to the indicated entity. The User's confirmation of the request is necessary due to the security of the User's personal data and to ensure that the request comes from an authorized person.
8. The Administrator informs the User about the actions taken within one month of receiving one of the requests listed in the previous points.
VI. PERSONAL DATA STORAGE PERIOD
1. In general, personal data is only stored for as long as necessary to fulfill the contractual or statutory obligations for which it was collected. These data will be deleted immediately when their storage is no longer necessary, for evidentiary purposes, in accordance with 5/7 civil law or in connection with a statutory obligation to retain data.
2. Information regarding the contract is stored for evidentiary purposes for a period of three years, starting from the end of the year in which the business relationship with the User ended. The data will be deleted after the statutory limitation period for pursuing contractual claims has expired.
3. In addition, the administrator may retain archival information regarding concluded transactions, as their storage is related to the User's claims, e.g. under warranty.
4. If no contract has been concluded between the User and the Owner, the User's personal data is stored until the User's account is deleted on the website. The account may be deleted as a result of the User submitting a request, withdrawing consent to the processing of personal data, or raising an objection to the processing of this data.
VII. ENRORDING DATA PROCESSING TO OTHER ENTITIES
1. The administrator may entrust the processing of personal data to entities cooperating with the administrator, to the extent necessary to complete the transaction, e.g. to prepare the ordered goods and deliver parcels or provide commercial information from the administrator (the latter applies to Users who have agreed to receive commercial information).
2. Apart from the purposes indicated in this Privacy Policy, Users' personal data will not be made available to third parties in any way, nor will they be transferred to other entities for the purpose of sending marketing materials of these third parties.
3. Personal data of website users are not transferred outside the European Union.
4. This Privacy Policy is consistent with the provisions arising from Art. 13 section 1 and section 2 of the regulation
GDPR. VIII. COOKIES
1. The website uses cookies or similar technology (hereinafter collectively referred to as "cookies") to collect information about the User's access to the website (e.g. via a computer or smartphone) and his preferences. They are used, among others, for advertising and statistical purposes and to adapt the website to the User's individual needs.
2. Cookies are pieces of information that contain a unique reference code that the website sends to the User's device in order to store and sometimes track information about the device used. They usually do not allow the identification of the User. Their main task is to better adapt the website to the User.
3. Some cookies on the website are available only for the duration of a given internet session and expire when you close the browser. Other cookies are used to remember the User who is recognized there when he returns to the website. They are then retained for a longer period of time.
4. The cookies used on this website are: ________
5. All cookies on the website are set by the administrator.
6. All cookies used by this website are compliant with applicable European Union law.
7. Most Users and some mobile browsers automatically accept cookies. If the User does not change
the settings, cookies will be saved in the device's memory.
8. The User can change preferences regarding the acceptance of cookies or change the browser to receive appropriate notification each time the cookie function is set. To change cookie acceptance settings, please adjust the settings in your browser.
9. It is worth remembering that blocking or deleting cookies may prevent full use of the website.
10. Cookies will be used for necessary session management, including:
a. Creating a special login session for the website User so that the website remembers that the User is logged in and his requests are delivered effectively, securely and consistently;
b. Recognizing a User who has previously visited the website, which allows us to identify the number of unique users who have used the website and allows us to ensure that the website has sufficient capacity for the number of new users; c. Recognizing whether a website visitor is registered on the website;
d. Recording information from the User's device, including: cookies, IP address and information about the browser used, in order to diagnose problems, administer and track Website Usage;
e. Customizing elements of the graphic design or content of the website;
f. Collecting statistical information about how the User uses the website in order to improve the website and determine which areas of the website are the most popular for Users.
Statute
I. PREAMBLE
1. This document sets out the conditions of access and use of the website, hereinafter referred to as: "General Conditions".
2. Each User, upon taking steps to use the website, is obliged to read, comply with and accept the General Terms and Conditions without any limitations or reservations.
3. If you do not agree to all the General Terms and Conditions, please stop using the website and leave it immediately.
4. All trade names, company names and their logos used on the website belong to their owners and are used only for identification purposes. They may be trademarked.
5. Unauthorized use of the website content, works or information, as well as their unauthorized reproduction, retransmission or other use of any element of the website is prohibited, as such action may violate, among others: copyrights or protected trademarks.
Questions or comments regarding the website can be submitted to the following email address: kontakt@brainairs.com.
II. DEFINITIONS 1. CONTACT FORM - questionnaire available on the website website, which allows you to immediately send a message to the Owner website;
2. REGISTRATION FORM - questionnaire available on the website enabling registration and creation of an Account on the website
3. ACCOUNT - a collection marked with an individual name or login and password resources on the website where the User's data is collected;
4. APPLICABLE LAW - Polish law shall apply for the purposes of implementing the General Terms and Conditions;
5. WEBSITE - a tool called: https://www.brainairs.com, used to provide electronic services;
6. USER - a natural person, a legal person or an organizational unit without legal personality, which is granted legal capacity by law, using electronic services available on the website;
7. CONDITIONS - a set of all provisions, including: these General Terms and Conditions, privacy policy, cookies, terms and conditions of the online store and any other terms and conditions available on the website that apply to specific functions, features or promotions, as well as customer service;
8. OWNER - The entity providing this website, namely: Entrepreneur Mrs: Agnieszka Orłowska, running a business under the name: BrainAirs Academy, based at/at: Garzewo 3a, 11-008 Świątki, NIP number: 7393226637, e-mail: kontakt@brainairs.com;
III. SCOPE OF CONDITIONS
1. The Owner provides access to the content of the website in accordance with the following General Terms and Conditions.
2. The content and data published on the website are information for interested persons and may be used only for information purposes.
3. Users may use the access and services offered on the website provided they have previously agreed to the General Terms and Conditions.
IV. RULES FOR USING THE WEBSITE
1. The website is supported by all types of web browsers. No special properties of the User's end device are required.
2. After accepting the Terms, the User has the right to view, copy and distribute, without changing the content, the content of this website, provided that:
a) this content will be used only for information and non-commercial purposes;
b) each copy made will contain copyright information or data regarding the author of the content.
3. It is prohibited to use or copy software, processes and technologies that constitute part of the website.
4. Users may use the website only in compliance with the provisions of the Electronic Communications Act, the Act on the Provision of Services by Electronic Means and the relevant provisions of civil law.
5. It is prohibited to use the website:
a) in a way that leads to a violation of applicable law;
b) in any unlawful or unfair way, or in any way intended to achieve any unlawful or unfair purpose;
(c) for purposes of harming or attempting to harm children in any way;
d) to send, knowingly receive, upload or use content that is inconsistent with the General Terms and Conditions;
e) to transmit or procure the sending of any unsolicited or unauthorized advertising or promotional materials, as well as any similar forms falling into the collective category of SPAM;
f) to knowingly transmit any data, send or upload any materials containing viruses, Trojan horses, spyware, adware or other harmful programs or similar codes computer programs that are programmed to adversely affect or threaten the functioning of any computer software or hardware or to adversely affect or threaten the User.
V. COOKIES
1. The website uses cookies or similar technologies (hereinafter collectively referred to as "cookies") to collect information about the User's access to the website (e.g. via a computer or smartphone) and his preferences. They are used, among others, for advertising and statistical purposes and to adapt the website to individual needs. User's needs.
2. Cookies are pieces of information that contain a unique reference code that the website sends to the User's device in order to store and sometimes track information about the device used. They usually do not allow the identification of the User. Their the main task is to better adapt the website to the User.
3. Some cookies on the website are available only for the duration of a given internet session and expire when you close the browser. Other cookies are used to remember the User who is recognized there when he returns to the website. They are then retained for a longer period of time.
4. All cookies appearing on the website are set by the Owner.
5. All cookies used by this website are compliant with applicable European Union law.
6. Most Users and some mobile browsers automatically accept cookies. If these settings are left unchanged, cookies will be saved in the device's memory.
7. The user can change access to cookies or change the version to be able to receive appropriate notification each time the cookie function is set. To change your cookie acceptance settings, please use the version settings adjustment.
8. It is worth remembering that blocking or deleting cookies may prevent full use of the website. 9. Cookies will be used for necessary session management, including:
a) Creating a special login session for the website User so that the website remembers that the User is logged in and his requests are delivered effectively, securely and consistently;
b) Recognizing a User who has previously visited the website, which allows you to identify the number of unique users who have used the website and allows you to ensure that the website has sufficient capacity for the number of new users;
c) Recognizing whether a website visitor is registered on the website;
d) Recording information from the User's device, including: cookies, IP address and information about the browser used, in order to diagnose problems, administer and track Website Usage;
e) Customizing elements of the graphic design or content of the website;
f) Collecting statistical information about how the User uses the website in order to improve the website and determine which areas of the website are most popular for Users.
VI. EXTERNAL LINKS 1. Links on this website to other websites are provided for information purposes only. 2. The website owner is not responsible for the content on other websites or for any damage resulting from their use.
VII. CONTACT FORM
1. The User may enter his/her contact details by completing a special form intended for contact with the Owner, including the content of the message and accepting their sending to the Owner.
2. Leaving contact details means that the User has consented to the processing of personal data provided in the Contact Form by the Owner. The Owner will be able to use the provided contact details to send offers or contact the User.
VIII. REGISTRATION FORM
1. As part of the registration form, the User may enter his/her personal data to register as an identified User on the website and create his/her Account.
2. After registration, when the User visits the website again, he will be able to log in as an identified User to his Account.
3. After logging in to the Account, the website will have the User's personal and contact details provided during registration or at a later date, which will enable more efficient contact, data transfer or payment for the service or goods available on the website.
4. Registering the User and, as a result, saving his personal data means that the User has consented to the Owner's processing of the User's personal data provided in the Registration Form.
IX. RESPECT FOR INTELLECTUAL PROPERTY
1. The website and its content may be protected by copyright, trademark laws and other laws related to the protection of intellectual property.
2. The signs, logos and other personalized emblems of the Owner appearing on the website (collectively: "Marks") constitute the Owner's trademarks.
3. With the exception of separate, individual, written authorizations, the User may not use the Marks belonging to the Owner: separately or in combination with other verbal or graphic elements, especially in press releases, advertisements, promotional and marketing materials, in the media, in written or oral materials, in the form of electronically, visually or in any other form.
X. USER DATA PROTECTION The Owner fully respects the privacy of Users. Detailed information on how the User's personal data or other information is collected and processed, as well as situations in which the Owner may disclose it, can be found in the Privacy Policy tab.
XI. LIMITATION OF LIABILITY 1. The website contains information of a general nature. It is not intended to act as an intermediary in the provision of any professional advisory services. Before taking any action that affects the User's financial situation or business activity, you should contact a professional advisor.
2. The website does not provide any guarantees regarding its content, in particular guarantees of security, error-free nature, lack of viruses or malicious codes, guarantees of correct operation or quality.
3. The website disclaims all warranties, express or implied, including warranties of merchantability or fitness for a particular purpose, non-infringement, fitness, security or accuracy of information.
4. The User uses the website at his own risk and assumes full liability for any damages related to or resulting from its use, whether direct, indirect, incidental, consequential, punitive or other damages arising from liability in contract, tort or negligence, including, but not limited to: for loss of data or services.
5. The website is not responsible for any links posted on the website, especially if they link to sites, resources or tools maintained by third parties.
6. The owner is not responsible if the website is temporarily or long-term unavailable for any reason. 7. The owner is not responsible for the information provided on the website, nor can he ensure the absolute security of transactions or communications conducted via the website.
8. Despite the Owner's best efforts to ensure the accuracy and up-to-dateness of the website, errors may appear unintentional by the Owner, which the User, upon detection, is asked to report to the Owner.
9. All exclusions and limitations of liability set out above apply to the fullest extent permitted by law, covering all types of existing liability, including: contractual, tort and any other liability provided for in Polish or foreign legal order.
XII. VALIDITY OF PROVISIONS
1. If any of the provisions of the General Terms and Conditions were or were to become invalid or ineffective in any legal system, the remainder of the Terms and Conditions shall remain valid and unaffected. The parties will replace the invalid or ineffective provision with another one that most closely reflects the intended purpose. This also applies accordingly to any gaps in the General conditions.
2. If any of the provisions of the General Terms and Conditions were or were to become invalid or ineffective in one or more legal systems, all provisions of the General Terms and Conditions shall remain valid in any other legal system.
XIII. RELATIONSHIP TO CONCLUDED AGREEMENTS Unless otherwise agreed, the General Terms and Conditions constitute a complete and exhaustive agreement between the User and the Owner regarding the use of the website in terms of the content contained therein and supersede all other agreements, arrangements and agreements relating to the subject matter (content) of these General Terms and Conditions.
XIV. CHANGES TO THE WEBSITE TERMS AND CONDITIONS
1. The website owner reserves the right to modify these General Terms and Conditions at any time during their validity by posting an updated version on the website, which shall become binding for Users from the moment of their publication, unless otherwise indicated in the modified General Terms and Condition
2. The User is obliged to read the modifications to the General Terms and Conditions, of which the Owner will inform him by sending a message or message about changes to the General Terms and Conditions to be accepted.
3. Continued use of the website constitutes acceptance of the modified website Terms and Conditions. 15th
DISPUTE RESOLUTION
1. The Parties agree to first resolve any disputes arising amicably before a competent arbitration court (arbitration agreement).
2. If it turns out to be impossible to settle the matter amicably, the dispute arising from these General Terms and Conditions will be resolved by the court in whose district the Owner's registered office is located.
XVI. LEGAL BASIS In matters not regulated in these General Terms and Conditions, the following laws shall apply accordingly: a) the Act of July 12, 2024, Electronic Communications Law (Journal of Laws of 2024, item 1221, as amended); b) Act of 18 July 2002 on the provision of electronic services (consolidated text: Journal of Laws of 2020, item 344, as amended); c) the Act of February 4, 1994 on copyright and related rights (consolidated text: Journal of Laws of 2022, item 2509, as amended); d) the Act of April 23, 1964, Civil Code (consolidated text: Journal of Laws of 2024, item 1061, as amended); and other relevant provisions of Polish law.