REGULATIONS
OF THE USE OF SECURE CLOUD STORAGE SERVICE
§1
Definitions
For the purposes of these Regulations, the following definitions are adopted:
1. Administrator – PIXEL-TECH Spółka Jawna Pytowski i Kubarek, NIP (tax identification number): 644-328-72-39, REGON (statistical identification number): 240352530, seated in 41-303 Dąbrowa Górnicza, ul. Laski 6A;
2. Service — service localized under https://pxte.eu , through which the Administrator provides Clients with access to Client Data stored;
3. Photographer — provider of professional photographic services in respect to document photographs, using the Software provided by the Administrator;
4. Client — user who is the Photographer’s client and who has agreed for the Photographer to share Client Data with the Administrator, for the purpose of storing them in Secure Cloud Storage;
5. Secure Cloud Storage — secure server with access limited to users holding an Access Code, accessible via the Internet;
6. Access Code — combination of signs generated automatically by Secure Cloud Storage service, enabling access to Client Data assigned to this combination;
7. Regulations — rules of functioning of Secure Cloud Storage Service;
8. Client Data — document photographs taken by the Photographer, commissioned by the Client, transferred to Secure Cloud Storage in digital format and provided to the Client according to the terms set out in these Regulations;
9. Service — Secure Cloud Storage service provided by the Administrator, subject to the terms set out in these Regulations.
§ 2
Initial provisions
1. These Regulations of the use of the Service sets out terms of using the Service by the Clients.
2. Administrator’s contact address is: gdpr@pixel-tech.eu
3. The Software, design, functional layout, content and graphic elements of the Service (except of content and graphic elements that do not come from the Administrator), and databases included therein are subject to copyrights and/or other rights granted to the Administrator and/or other persons, and are protected by law.
4. These Regulations were adopted based on applicable laws regulating activity performed thereunder, in particular:
a. Telecommunications Law Act of 16 July 2004 (Journal of Laws of 2017, item 1907, consolidated text), hereinafter referred to as: “Telecommunications Law”.
b. Act of 18 July 2002 on Provision of Electronic Services (Journal of Laws of 2017, item 1219, consolidated text), hereinafter referred to as: “Act on Provision of Electronic Services”.
c. 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, hereinafter referred to as “GDPR”.
d. Act of 23 April 1964 the Civil Code (consolidated text, Journal of Laws of 2017, item 459, as amended), hereinafter referred to as “Civil Code”.
§ 3
Technical requirements
a.i.1. In order to use the Service, you must have a device connected to the Internet (recommended connection of at least 1 Mbps) and an Internet search engine that enables displaying hypertext documents linked in the Internet by a web service and operating JavaScript programming language.
a.i.2. Costs of using remote communication means by the Client (Internet connection, SMS, phone calls) in order to use Administrator’s Services, shall be borne by the Client according to price lists of certain service providers.
a.i.3. The Administrator shall make all efforts to ensure the Service operates properly and with full functionality at all times. However, the Administrator reserves the right to temporary disable the Service or its certain functions in order to improve it, add new functionalities, or for repair or maintenance purposes. The Administrator provides the Service in a 24/7 mode, with the right to breaks not exceeding the total of 72h in one year. Service interruptions for the above mentioned purposes cannot justify negative evaluation of performance of Administrator’s responsibilities resulting from these Regulations.
a.i.4. The Administrator shall not train the Client how to use certain Service functionalities. Users are obliged to train themselves, in particular by using tools provided in the Service.
a.i.5. The Administrator provides technical support for the Clients, that involves technical assistance to all Clients, available via support@pixel-tech.eu .
§ 4
Terms of provision of Services
1. Visiting and viewing the Service and any subpages is free.
2. Services provided by the Administrator involve:
a. storage of Client Data entered to Secure Cloud Storage by the Photographer on behalf of the Client;
b. sharing Client Data using Service functionalities, by enabling downloading of information to a device operated by a person with the Access Code.
3. Using Services offered by the Administrator is free for the Client and takes place on the basis of an order for providing such services to the Client, placed by the Photographer
4. In order to use Services, the Client is obliged to provide the Photographer with his consent to transfer the Client Data to Secure Cloud Storage.
5. For the purpose of uploading Client Data from Secure Cloud Storage, the Client is obliged to:
a. accept the Regulations and Privacy Policy of the Administrator;
b. confirm his identity by using Access Code provided by the Photographer upon transferring Client’s Data to Secure Cloud Storage service.
6. The Administrator stores Client Data in Secure Cloud Storage and protects them from unauthorized access for 6 months since the day of transferring them to Secure Cloud Storage. The time during which the Client Data are stored in Secure Cloud Storage may be prolonged.
7. The Client may at any time request his Data to be removed from Secure Cloud Storage. For this purpose he is obliged to submit such request via the form available in the Service and verify it using his Access Code. The Client Data will be removed immediately upon reception of the Client’s request to remove them.
8. The Administrator shall not store any backup copies of Client Data removed from Secure Cloud Storage. Removal of he Data results in the inability to retrieve them.
§ 5
Securing Client Data
1. The purpose of providing the Services is to ensure maximum security and anonymity of the Client Data.
2. In order to ensure security of the Client Data, the Administrator set out terms of providing the Service:
a. Transferring Client Data to Secure Cloud Storage may result in removal of these Data from the Photographer’s resources (depending on settings selected by the Photographer);
b. the Client Data may be shared only with the person whose identity has been verified with the Access Code;
c. the Administrator shall not store any backup copies of the Client Data — removal of the Data from Secure Cloud Storage results in their ultimate loss;
d. Client Data shall be removed 6 months after they were entered to Secure Cloud Storage (1 month in case of the UK ePassport);
e. Identification of the Client Data (assigning them to a certain individual) shall take place only based on the Access Code;
f. The Administrator shall not be able to view Client Data and is not authorized to view or verify them based on data other than the Access Code.
3. The Client is obliged to keep his Access Code secret. The Administrator reserves the rights to share the Client Data with every person whose identity has been verified with the Access Code.
4. In case of loss, damage or other loss of the printed Access Code, it is not possible to retrieve it, and access to the Client Data is no longer available.
5. Administrator complies with the highest security standards regarding storing Client Data in Secure Cloud Storage.
§ 6
Personal Data
1. Administrator is the administrator of the Client Data.
2. Terms of processing of the Client Data by the Administrator are described in the Privacy Policy.
3. Administrator shall respect Users’ Personal Data and meet the requirements resulting from generally applicable laws.
§ 7
Administrator’s liability
1. Administrator shall be liable for non-performance or undue performance of its obligations towards the Client, in particular, for providing Administrator’s Services contrary to the Regulations, providing its activity is wrongful and intentional.
2. Administrator shall not bear liability for non-performance or undue performance of obligations resulting from a legal relationship established under a separate legal agreement.
3. Administrator shall not bear liability for damage incurred by the Client and resulting from the loss or damage of the Access Code.
§ 8
Complaint Procedure
1. In case of unsatisfactory quality of the Services provided by the Administrator or other parties on its behalf, or in case of non-performance or undue performance of obligations towards Clients, the Client is entitled to submit a complaint.
2. Complaints should be submitted by e-mail to: support@pixel-tech.eu, with the word “complaint” in the message title, or by traditional mail to: Laski 6A, 41-303 Dąbrowa Górnicza, Poland.
3. The Administrator declares that Client Data are stored in condition and standards provided by the Photographer, and the Administrator shall not be responsible for their fitness for purpose for which they were produced/ordered (for the purpose of being used to issue documents). Complaints in the above regard may be submitted, according to general rules, to the Photographer that took the photographs.
4. Properly submitted complaint should include at least the following data:
a. Access Code,
b. brief description of any comments or objections.
5. Complaints are reviewed by the Administrator immediately, not later than within 14 days.
§ 9
Amendments to Regulations
1. Administrator reserves the right to amend the Regulations at any time if such amendments are required by provisions of the applicable law, and in order to improve the quality or extend the scope of Services provided by the Administrator.
2. All amendments to the Regulations shall be communicated to the Client by publishing new Regulations content in the Service. Amendments shall come into force on the expiry of 14 days from the date following the date of their publication in the Service.
3. If the Client does not accept the terms stipulated in the new Regulations, he has the right to discontinue using the Service and remove his Client Data.
§ 17
Final provisions
1. These Regulations are available in the Service at all times in a way that enables them to be stored and copied by the Clients.
2. In cases not regulated by these Regulations, generally applicable laws shall apply.
3. All disputes between the Administrator and the Client shall be resolved by a court according to general competence.