- Revhunter Application (later referred to also as "Application") – belonging to and managed by INIS Sp. z o. o. with its registered office in Rybnik, at 35a Raciborska street, entered into the Register of Entrepreneurs kept by the Gliwice Court, 10th Economic Division of the National Court Register, under the no. KRS 0000366948, NIP: 642-31-28-785, with a registered capital of 264.500 PLN (later referred to also as "The Company" or "INIS") – designed to issue advertising materials on behalf of the Client.
- Terms and Conditions – these Terms and Conditions together with annexes.
- Agreement – the agreement between INIS Sp. z o.o. and the Client, under the conditions and within the limits of the Terms and Conditions, concluded at the moment of the Client accepting the Terms and Conditions.
- Client – refers to:
- A legal person or organisational entity, without legal personality, given legal capacity by statutory provisions, with their registered office in Poland or in another European Union member state, or
- A natural person conducting business activity in Poland or in another European Union member state,
- Service – store website, company card, or other landing page owned by the Client.
- Registration – refers to all technical activities necessary for concluding the Agreement and using the Application.
- Internet User – a user of the Internet who is a natural or legal person, interested in the services provided by the Client which are the object of advertising activity performed for the purpose of executing the Agreement.
- Client Account – refers to an electronic dataset indicating actions taken by the Client within the framework of the Application, provided by the Company after prior registration.
- Campaign – an order placed by the Client for the issue of advertising materials through the Revhunter Application.
- Client Balance – a budget expressed in Polish zloty used by the Client for advertising activity executed through the Application. Allocation of funds to the balance is required for the commencement or further execution of advertising activity.
- Mailing list owner – under the Terms and Conditions this is every entity the Company works with in order to implement advertising campaigns executed using the Application for the Client.
- Personal Data Protection Act – refers to the Law of 10 May 2018, on Personal Data Protection (Journal of Laws of 2018.1000) (later referred to as "Act").
- Personal Data – information about an identified or possibly to identify natural person ("person whom the data relates to"); a possible to identify natural person is a person who can be directly or indirectly identified, especially on the basis of an identifying element such as a name and surname, location data, Internet identification, or one or a few specific factors defining the physical, physiological, genetic, psychological, economic, cultural, or social identity of a natural person.
- GDPR – European Parliament and Council Regulation (EU) 2016/679 of 27 April 2016, on the protection of natural persons with regard to processing of personal data and on the free movement of such data and repealing Directive 95/46/WE.
- Personal Data Administrator – a natural or legal person who independently or jointly with others determines the purposes and means of processing Personal Data (pursuant to Art. 4 item 7 GDPR).
- imoje – belonging to and operated by ING Bank Śląski SA., 34 Sokolska street, 40-086 Katowice, entered into the Register of Entrepreneurs kept by the Katowice – East Court, 8th Economic Division of the National Court Register, under the no. KRS 0000005459, with a registered capital of 130.100.000,00 PLN paid in full, NIP: 634-013-54-75, REGON: 271514909 application responsible for the implementation of online payments and for allocating funds to the Client Balance in the Application.
Conclusion and subject of the Agreement
- The purpose of concluding the Agreement is for the Client to use the Application. In order to conclude the Agreement, the Client is obligated to:
- accept the provisions of these Terms and Conditions,
- create a Client account in the Application through the revhunter.pl website or through a partner website which enables registration to the Application,
- provide basic data, consisting of company name, company www address, type of products/services offered by the company, the category of these products/services,
- complete company data accept the Terms and Conditions in the Billing > Basic data tab.
- In order to implement an advertising campaign through the Application the Client must allocate funds to the Account Balance in the Application.
- In the Agreement the Parties agree to the execution of advertising campaigns defined in the Application by the Client, while the cost deducted from the Client Balance for these actions is carried out according to the model and billing rate defined in the Billing > Balance tab.
- The person concluding the Agreement on behalf of the Client declares that they are authorised to make declarations of will in this respect.
Duration of the Agreement
- On accepting the Terms and Conditions the Client and the Company conclude an open-ended Agreement.
- Either Party has the right to terminate or withdraw from the Agreement with one month's notice unless there are other grounds deriving from the Terms and Conditions permitting the reduction or extension of the term referred to in this point. A withdrawal may be submitted in writing to the Client's address provided on registration or to the Company's address provided in paragraph 1 (“Definitions") or in the form of an email message sent to the Client's email address provided on registration or to the Company's address: email@example.com
- The Agreement terminates when the Client for six months from the moment of Registration:
- does not submit any application associated with the execution of advertising campaigns or does not activate any advertising campaign, or
- the Client does not take any steps leading toward the use of the offered possibilities of the Application through the Application, or
- the Client Balance will remain at 0 PLN, or
- does not order a Campaign valued at minimum 50,00 PLN net.
- The Agreement shall be terminated with immediate effect (as of the day the Company issues a statement regarding the termination of the Agreement) if the Company informs the Client that they are violating the provisions of the Terms and Conditions, Agreement, and/or regulations of the generally applicable law.
- In the event of termination of the Agreement by either of the parties, the Company transfer the remaining Balance which was not used by the Client to the Client within 60 days from the date on which the Client provides a bank account by email from the email address provided on registration of the Client Account or indicated to the Company by the Client in writing.
- A Client who concluded an Agreement as a sole proprietorship and uses the Application in a manner unrelated to the professional character of their business activity has the right to withdraw from the Agreement within 14 days from the date of its conclusion without stating the reason, with the restriction that the Client loses their right to withdraw from the Agreement in the event of commencing the execution of at least one Campaign during the period in question.
Client's rights and obligations
- On accepting the Terms and Conditions the Client has the right to use the Application and its functionalities in any place and at any time during the term of the Agreement as described in the Agreement.
- Based on the statistical data of the Service, including mainly high conversion factor outcomes, the Company has the right to negotiate the model and rate of the Agreement which will be defined by means of separate arrangements between the Company and the Client.
- The Company may offer a discount to the Client of and for a period specified in detail in separate provisions which the Company and the Client will mutually define in this regard.
- The Client has the right to receive one-off free of charge technical assistance not exceeding two working hours from the Company for the correct implementation of Codes monitoring the Application and integration with online store engines.
- The Client takes full responsibility for the content of Campaigns issued by the Application.
- The Client is obligated to maintain the Client's Service (landing page, store website), as well as other advertising related information technology tools used to carry out the Agreement in full working order excluding liability for force majeure which the Client has no influence over (e.g., IT network malfunctions) which are expediently documented by the Client.
- The Client may publish the acceptable text as stated below on their Service:
“Used as part of the Service are cookies from INIS Sp. z o.o. (NIP: 642-31-28-785), owner of the Revhunter application, in order to present advertising adapted to the preferences of the User. Detailed information about personal data processing with the use of the Revhunter tool are available at https://en.revhunter.pl/privacy-policy".
- The Client declares that they a VAT payer consents to invoices relating to the execution of the Agreement being issued electronically without the signature of the recipient.
- By entering into cooperation, the Client agrees to INIS Sp. z o.o. utilising the Client's logotypes and trademarks free of charge.
The Company's rights and obligations
- The Company has the right to terminate with immediate effect an Agreement with a Client whose Service (landing page, store website) and other advertising related information technology tools do not work and regardless of the Company reporting faults are not repaired.
- The Company has the right to change the billing model and rate on the Client's Account, as well as the price list, if the Client's activity in the Application will fail to provide tangible financial benefits for both Parties of the Agreement. The Company is then obligated to inform the Client about the fact of changing the model and/or rate or price list and the Client has the right to disagree with the change within 14 of receiving the notification and withdraw from the Agreement by the last day of this term.
- The Company reserves the right (at any time) to control the Client's Service, Client Account in the Application, as well as other advertising related information technology tools which the Client uses in order to execute the Agreement. The Company's powers of control cover, in particular:
- Control of compliance with the Terms and Conditions;
- Control of the accuracy and updates of Client data;
- Control of updates of product offers which the Client will want to promote;
- Control of the technical efficiency and availability of updates;
- Control of the aesthetics of advertising materials and the manner of their presentation, as well as other content which is published.
- The Company is not liable for technical problems, malfunctions, or modifications of the Client's Service which may influence the correct functioning of the Application.
- Without explicit objection of the Client, the Company has the right to:
- publish the Client's logo on the Company's website
- use the Client's logo in marketing materials
- use anonymised store data in order to prepare general industry statistics, so called Insights
The Client's logo will be downloaded and updated directly from the Revhunter Application from the account of the given Client.
6. The Company declares that the Application lacks physical and legal defects.
Billing and Payment
- Payments – in reference to the Application, allocation of funds to the Balance on the Client's account – are handled by the external imoje payment system operated by ING Bank Śląski S.A. with its registered office in Katowice
- The handled forms of Payment include credit card payments, debit card payments, bank transfers with conformation of payment, BLIK payments, or imoje external system payments operated by ING Bank Śląski S.A. with its registered office in Katowice.
- After every successful allocation of funds to the Client's account Balance the Company issues an electronic VAT invoice which is available for download in the Application.
- In case of objections in relation to the accuracy of the invoice issued the Client is obligated to report their objections with justification in writing at the latest within 24 hours of the appearance of the VAT invoice in the Application to the address: firstname.lastname@example.org
- The company is responsible for the billing of the Client's advertising activity. The basis for the billing will be reports prepared by the Company available on the Revhunter Application on the Client's account and the price list, which is an integral part of the Agreement, available at: https://revhunter.pl/pl/cennik.pdf
- The report mentioned in item 5 above will include detailed information about the number of transfers to the Client's shopping Pages for each of the Campaigns executed using the Application, together with event dates.
- Settlement of activities takes place automatically after every registered billed action in accordance with the model and rates available to the Client at any time. This data is available in the Application in the Billing > Balance tab.
- By activating the Campaign, the Client automatically consents to the billing terms described above and as stated in the price list.
- In the event of the Company changing the billing model and/or rates, or the price list, the Client's Campaigns shall be suspended so that the Client can become familiar with the new billing terms. Reactivation of the Campaign is treated as an acceptance of the new terms.
- Each change in billing terms is additionally communicated to the Client by email or by an appropriate communication through the Application.
- Campaigns are automatically suspended at the moment of a zero Client Balance.
Prohibited Client Activity
- The Company reserves the right to monitor the Client's Campaigns and to refuse the execution of individual or all Client Campaigns, as well as to terminate the Agreement with immediate effect if the advertising creations sent out as part of a Campaign will include:
- pornographic and erotic content (erotic – only if authorised by the Company),
- offensive, defamatory content, violating the personal rights of third parties,
- content in violation of the provisions of the generally applicable laws, e.g., containing the advertising or promotion of alcohol or tobacco, or of other products and services of which advertising is forbidden or restricted by relevant provisions of the generally applicable laws
- content calling for dissemination of hate, racism, xenophobia, conflicts between nations or religions,
- content which constitutes infringement of copyrights or other intellectual property rights, or encouraging copyright infringement, also through sharing information or materials which may be used to infringe upon copyrights or other intellectual property rights.
- The Company reserves the right to monitor the Client's Campaigns and to terminate the Agreement with immediate effect if the Application (or other tools used by the Client in order to execute the Agreement) is used for unlawful purposes or purposes contrary to good practices, particularly:
- any form of unauthorised sharing of files or links to graphic or music files or literary texts and other copyright protected works, or mediation in the illegal sharing of copyright protected materials,
- sharing harmful content such as viruses, "Trojan horses", data containing "bugs", or other harmful or destructive elements, as well as the hyperlinks to them,
- automatic inducing of conversion with an objective of generating artificial traffic using "pay-to-click" or "click-harvester" software or other systems, software, or methods aimed at generating artificial traffic or generating traffic on agreements with users;
- unauthorised by the Company publishing of a tracking Code on another site to the Service of which place is subject to the Agreement, especially in "pop-up", "pop-down"-type windows, or other non-static and non-integral elements of the Service and on a separate site activated together with the Service, as well as in the body of an email message, "Instant Message", message published on a discussion forum, guest book, or other similar locations;
- The Parties agree that during the term of the Agreement, without the clear (written or electronic) consent from the Company, the Client is forbidden from using:
- Pop-Under/Pop-Up advertising;
- copies/imitations or images of sites to which the Client has no rights;
- paid-mailer, cash-back -type systems, bonus system, traffic counters, or the similar (without previous authorisation from the Company).
- The Parties agree that during the term of the Agreement the Client is bound by:
- a ban on operations considered in the industry to be dishonest (cookie bombing/dropping/stuffing; acting and sharing data on behalf of other people/entities without their consent, communication of misleading information).
- a ban on generating artificial traffic and clicks on the website (motivated traffic/bots).
- a ban on using sites forwarding traffic to torrents.
The Company as the administrator of Clients' personal data
- If in order to Register and/or conclude the Agreement with the Client the Company will process the Client's personal (or that of their employees) thereby becoming their administrator as defined in GDPR, at that time the personal data will be processed:
- with the purpose of and for the needs of executing the concluded Agreement pursuant to Art.6 item1(b) GDPR;
- with the purpose of sending information relating to the Application to the Client by email to an email address provided in the Registration form, as well as for the purpose of regular contact in all matters associated with executing the Agreement pursuant to Art.6 item1(b) GDPR,
- with the purpose of sending marketing information to the Client by email to an email address provided in the Registration form if the Client (user) expresses the legal consents pursuant to Art.6 item1(a) GDPR.
- Personal data processed by the Company with the purpose of executing the Agreement is processed in accordance with GDPR and other provisions of the generally applicable laws, particularly the Data Protection Act dated 10 May 2018.
- The Company processes the personal data categories provided by the Client in the process of creating an Account in the Application. All provided data is required in order to execute the Agreement and manage claims associated with it, particularly pursuing claims associated with the use of the Application through the courts, as well as for marketing purposes if the User expresses the appropriate consents.
- The Client's personal data provided with the purpose of concluding and executing the Agreement is not shared to third parties and is processed solely within the European Economic Area.
- The Client's personal data is processed for the duration of the Agreement and for the duration of the Company performing accounting and tax duties (pursuant to Art. 6 item 1(c) GDPR). In the event of the person whom the data refers to giving lawful consent, the data will be processed until the consent is withdrawn by this person.
- The Company as the Administrator within the meaning of Art. 4 item 7 GDPR declares that they process personal data in accordance with the provisions of the generally applicable laws (in particular GDPR), and that they use technical and organisational means ensuring the protection of the processed data appropriate in relation to the threats and categories of the data protected, in particular securing the personal data of people whom the data refers to from it being shares with unauthorised persons, loss, or damage.
- The person whom the data refers to has the possibility of accessing their data with the purpose of correcting or deleting it, to demand that its processing be restricted due to their specific situation, and to lodge a complaint with the Personal Data Protection Office.
- The person whom the data refers to has the right to supplement, update, correct their personal data, to temporarily or permanently restricting its processing or delete it if it is incomplete, outdated, untrue, collected in violation of the law, or is no longer necessary to achieve the purpose for which it was collected.
- Personal data provided by the Client during Registration can be changed at any time. Any mistakes in the change of Client's personal data provided during Registration is the sole responsibility of the Client.
- In the event of refusal to concluding the Agreement between the Company and the Client, the Company undertakes to process the Client's personal data provided during Registration for the purpose of concluding the Agreement until the expiry of the limitation period for legal claims. After this time, the data will be erased.
- Any notifications relating to personal data can be sent by the person whom the data refers to IOD@inis.pl.
Personal data administrators
- Mailing list owners (“Partners") working with the Company on execution of a Campaign (including retargeting campaigns) under separate agreements concluded with the Company permit the Company to dispatch emails to addresses included on the lists of the Partners.
- The owners and administrators of mailing lists used for the execution of Campaigns are Partners of the Company who are solely responsible for the correct acquisition and management of the data bases administered or processed by them, as well as their processing for marketing purposes.
- The Company holds adequate confirmation from Partners of lawful Campaign executions.
- An Internet user who wishes to exercise their right to withdraw consents previously granted to Partners or the Company should directly contact the administrators of the data base which contains their address. If this contact is sent directly to the Client, the Client should convey this request, together with the email message which the notification refers to, to the Company which will contact the data base administrators or, if authorised, will carry out the request from the Internet user on behalf of the administrator (Partner whose lists were used for execution of the Campaign).
- The Company in no way uses the Client's mailing lists for the purpose executing the Agreement.
- In the event of a conflict or dispute occurring between the Company and the Client, both parties will seek to resolve the dispute by amicable means.
- The Client has the right to submit claims which are subject to the faulty operation of the Application. Claims should be directed to the Company to the address Raciborska 35a, 44-200 Rybnik or by email to: email@example.com
- Claims are filed by the Company on working days (Monday to Friday, excluding public holidays), between the hours of 9am and 5 pm.
- An incident, which may be grounds for making a claim, should be submitted without delay after its identification but no later than the deadline of three (3) months from the incident.
- Terms for handling claims are counted from the day of their submission to INIS. In the event of submission of a claim by post, the course of the matter begins with the moment of the correspondence being delivered to the Company.
- The claim submitted by the Client should include:
- a concise description of the matter;
- the Client's address and contact details (if different to those indicated in the Client account Application);
- documentation of the subject of the claim;
- indication of actions which the Client expects of the Company.
- Assumed is a 30-day time limit for processing claims. In a situation where this time limit to process and resolve the claim is not possible, the Company will indicate a different probable date after previous communication of this fact to the Client who issued the claim.
- The Company and the Client are obligated to comply with the Terms and Conditions, provisions of the Terms and Conditions are available at the Company premises and at https://en.revhunter.pl/regulations
- The Company reserves the right to change the Terms and Conditions at any time. Clients will be informed about any changes in the Terms and Conditions without delay by email sent to the address provided by the Client during Registration. In the event that the Client does not accept the changed Terms and Conditions then within 14 from receiving the content of the changed Terms and Conditions they have the right to withdraw from the Agreement with immediate effect. Within the 14 days of receiving the changed Terms and Conditions the Client is obligated by the previous version of the Terms and Conditions.
- Any declarations and information sent by the Company to the Client is considered to be delivered effectively by means of email to the email address of the Client provided during Registration.
- The Client's correspondence directed to the Company sent to the address of the Company or to the firstname.lastname@example.org email address is considered to be effectively delivered.
- Permitted is the possibility of sending information to the correspondence address by means of traditional or courier post.
- In any matters not covered by these Terms and Conditions and the Agreement the provisions of the Civil Code apply and the provisions of other generally applicable laws.
- In the event of the appearance of disputes resulting from the execution of the resolutions of the Agreement or Terms and Conditions the parties undertake to make every effort for these disputes to be resolved in an amicable manner.
- In a situation where any disputes are not resolved in an amicable manner within thirty (30) calendar days from the moment a dispute arises the competent court for the settlement of disputes is the court having territorial jurisdiction over the Company's registered office.
- These Terms and Conditions shall enter into force within 14 days of them being published, i.e., as of 27.01.2020.