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EN - Terms and Conditions of OTOMOTO for business users

Terms and Conditions of OTOMOTO for business users

 

1. General

 1. These Terms & Conditions define the rules of Grupa Olx providing services to internet users that are enterprises engaged in the business of wholesale and retail of Motor Vehicles, which services involve allowing the users to post Classified advertisements on the OTOMOTO Site, and the rules of accessing and using the resources of the OTOMOTO Site

2. The OTOMOTO site is available at the following address: www.otomoto.pl and through a mobile app. The prerequisite for gaining access to the functionalities of the OTOMOTO Site is using a device that communicates with the internet and that has a standard web browser.

 

 

2. Terms & definitions

 

 The following words as used herein shall have the following meanings:

 

1. Grupa Olx Grupa Olx sp. z o.o. with its registered office in Poznań, 61-872 Poznań, ul. Królowej Jadwigi 43, entered in the Register of Enterprises kept by the Poznań-Nowe Miasto i Wilda District Court in Poznań, 8th Commercial Division of the National Court Register, at KRS no. 0000568963, with the NIP tax identification number 7792433421, REGON no. 362117960, and a share capital of: PLN 1,000,000.00.

2. Grupa Allegro – Grupa Allegro Sp. z o.o. with its registered office in Poznań, 60-166 Poznań, ul. Grunwaldzka 182, entered in the Register of Enterprises kept by the Poznań-Nowe Miasto
i Wilda District Court in Poznań, 8th Commercial Division of the National Court Register, at KRS no. 0000268796, with NIP no. 527-25-25-995, and a share capital of PLN 33,976,500.00, which the User may contact at pomoc@otomoto.pl.

3. OTOMOTO Site – a website with classified advertisements managed by Grupa Olx in Polish, available at the otomoto.pl domain and within other websites managed by the partners of Grupa Olx referred to on the pages of the OTOMOTO Site.

4. Classified advertisement – a classified advertisement regarding the sale of a Vehicle (request for proposals) made by the Dealer and posted on the OTOMOTO Site on the terms as provided for herein.

5. User – a Dealer or any person using the resources of the OTOMOTO Site in connection with their business activities involving trading in Motor Vehicles.

6. Dealer – a business trading in Vehicles, having a place designed specifically for that (a yard with Vehicles situated at the specified address) where it offers Vehicles for sale as the owner or dealer thereof, who has entered into a contract with Grupa Olx according to the procedure provided for in the Terms & Conditions for publication of Classified advertisements on the OTOMOTO Site and who uses the services provided within the OTOMOTO Site.

7. Dealer's Account – an individualised IT record that has been created on the OTOMOTO Site for the Dealer to enable the Dealer to use the OTOMOTO Site and that gathers information about the Dealer's use of the OTOMOTO Site. Access to the Account is gained through a unique e-mail address (login) provided by the Dealer and a password. The Dealer's Account may only be connected to one e-mail address.

8. Dealer's Page – the webpage assigned to the Dealer's Account and created in the otomoto.pl domain to display the Dealer's Classified advertisements.

9. Standing Charge – a periodic payment made by the Dealer to Grupa Olx for the services provided within the OTOMOTO Site, the amount whereof is established based on the price brackets defined in the Price List and according to the Classified promotion services as chosen by the Dealer.

10. Price List – list of the fees, as defined by Grupa Olx, for the services provided within the OTOMOTO Site, specified as price brackets within the Standard, Premium and Premium Plus plans provided to the Dealers (hereinafter the “Plans”). Each of the said Plans involves a specific number and price of the Classified advertisements and various functionalities available within the Classifieds.

11. Vehicle – a car, motorcycle, moped, motor scooter, quad, construction or farming machine, as well as any other commodity that, as decided by Grupa Olx, may be the subject of a Classified on the OTOMOTO Site.

12. Allegro.pl – an online transaction service managed by Grupa Allegro sp. z o.o., maintained at the allegro.pl domain, also available within other websites managed by the partners of Grupa Allegro sp. z o.o.

13. Olx.pl – an online service with classified advertisements managed by Grupa Olx, maintained in the olx.pl domain, also available within other websites managed by the partners of Grupa Olx.

14. Branding – an additional service provided to the Dealer by Grupa Olx, where Grupa Olx provides promotional materials to the Dealer for the purpose of promoting the Dealer's business. Grupa Olx may charge a fee for the Branding service. The Dealer shall be responsible for the promotional materials provided to it and undertakes not to take any actions involving these materials that could harm the name and reputation of Grupa Olx, the OTOMOTO Site or Olx.pl. A detailed list of rights and responsibilities of Grupa Olx and the Dealer in respect of the Branding service is available in Appendix [].

15. Otomoto Funds – a virtual wallet assigned automatically to the Dealer's Account to enable the Dealer to make prepayments for fee-based services of the OTOMOTO Site. The down payment can be made using PayU. For detailed information about the prepayments see Appendix 5 hereto.

16. Terms & Conditions – these Terms & Conditions

 

 

3. General terms and conditions for use of the OTOMOTO Site

 

 1. A Classified Advertisement is posted on the OTOMOTO Site by the Dealer, who is solely responsible for arranging its content.

2. A Classified Advertisement may only pertain to the sale of one Vehicle. While the Classified Advertisement is displayed, the Dealer cannot replace the Vehicle presented in the Classified Advertisement with another Vehicle. Furthermore, one Vehicle cannot be the subject of more than one Classified Advertisement at the same time.

3. A Classified Advertisement should specify the actual gross price or, optionally, the net price. The price field in the form must not contain the instalment amount or the buyout price for lease agreements.

4. The Classified should specify the correct Vehicle category (car, truck, motorcycle etc.) and only include information relevant for Vehicle promotion. For categories including cars, vans, trucks, construction machines and farming machines, only Classifieds related to Vehicle sale for not less than PLN 400 before tax (in words: four hundred PLN) are allowed. The basic Classified Advertisement display time on the OTOMOTO Site depends on the Plan selected by the Dealer but it is not shorter than 15 days. No Classified Advertisements not connected with the automotive industry may be added.

5. The content of a Classified Advertisement must accurately reflect the actual and legal situation, and a Classified Advertisement may only be posted if there is an actual intention to sell the Vehicle for the price specified in the Classified Advertisement. Any information about the Vehicle, including the Vehicle's price, arising from the content of a Classified Advertisement should be consistent with the information specified by the Dealer in the form filled out at the moment of adding the Classified Advertisement.

6. Dealer content in the form of photos added by the Dealer to the Ad should only include the Vehicle that is the subject of the Ad. Photos added to the Ad by the Dealer must not contain e-mail addresses, website addresses, telephone numbers, internet messenger numbers, watermarks or other marks identifying the Dealer.

7. The Dealer can include a YouTube Video link as part of the Classified content, which will be a moving presentation of the Vehicle that is the subject to the Ad (hereinafter the "Video"). Videos may only be added by the Dealer in the designated field; it is prohibited to post Videos in the Vehicle description field. Videos showing content other than the presentation of the offered Vehicle are not allowed, in particular such as email addresses, website addresses, telephone numbers, instant messenger numbers, watermarks or other marks identifying the Dealer.

8. The Dealer shall be responsible for the content it publishes (including photos and videos), and it assures and warrants that the content accurately reflects the actual condition and is in conformity with applicable laws, and the publication thereof does not violate the Terms & Conditions, the rights and interests of OLX Group and the rights of third parties, including copyright. OLX Group shall not be liable for any actions on the part of the Dealers, and in particular for the accuracy, reliability and legality of the content they publish.

9. For the purpose of promoting the Classified, the Dealer authorises Grupa Olx to publish the photos posted within the Classified in Polish and foreign social media during the period the Classified is displayed on the OTOMOTO Site.

10. Downloading or using the materials available within the OTOMOTO Site each time requires the consent of Grupa Olx and it cannot violate the provisions hereof and the applicable laws, as well as the interests of Grupa Olx and the Dealers. The data and information available on the OTOMOTO Site must not be aggregated or processed for the purpose of its disclosure to third parties within other Internet sites and outside the Internet. Markings of the OTOMOTO Site, including the characteristic graphic elements, must not be used without the consent of Grupa Olx either.

11. Downloading and reuse of an irrelevant part of the databases used to perform the tasks of the OTOMOTO Site is allowed provided that it does not lead to any violation of the rules of using the OTOMOTO Site defined in the Terms & Conditions, and in particular it does not involve any repeated and systematic data downloading, aggregation or processing in violation with the Terms & Condition and it will not unreasonably affect Grupa Olx' legitimate interests.

 

4. Entering into a contract

 

1. Entering into a contract for display of a Classified Advertisement requires the Dealer to jointly meet the following prerequisites:

        1. to correctly register a Dealer's Account on the OTOMOTO Site,
        2. to accept the content of the Terms & Conditions, including the Plan selection,
        3. to have its data verified by Grupa Olx without objections,
        4. to enter the activation code assigned by Grupa Olx.

2. Grupa Olx may make the activation of the Dealer's Account and further service provision within the OTOMOTO Site contingent upon the Dealer sending the documents in support of the data entered by the Dealer in the settings of the Dealer's Account to the registered office of Grupa Olx.

3. The Dealer shall keep its contact details included in the settings of the Dealer's Account up to date.

4. The Dealer may register more than one account, upon approval of Grupa Olx.

5. The Premium plan is the default plan selected following the entering of the activation code.

 

5Posting and editing a Classified Advertisement by the Dealer

 

1. Grupa Olx provides services, which involve allowing the Dealer to publish the Dealer's page and to continuously display Classified advertisements on the OTOMOTO Site, as well as to edit the content of the Classified Advertisements within the Dealer's Account.

2. The content of the Classified advertisements should be created by the filling out of the form available on the OTOMOTO Site or via a third-party mobile application, at least in terms of the fields marked as obligatory.

3. The Dealer's failure to enter the data in the fields marked as obligatory in the Classified Advertisement makes it impossible to post the Classified.

4. The Classified Advertisement is displayed once the prerequisites defined in clause 4(1) above are met and provided that the Classified form is filled out correctly.

 

6. Promoting the Classified advertisements

 

1. The Dealer may additionally promote their Classified advertisements by activating one or more fee-based Classified Promotion Service(s) defined in Appendix 2 hereto (Classified Promotion Services).

2. The Classified Promotion Services referred to in clauses 1(1) through 1(4) of Appendix 2 are provided as of the moment of their activation and they continue for a specific number of days properly defined by the Dealer at the moment of their activation. If the promotion methods referred to in the preceding sentence are selected to last longer than the Classified display period, the display period will be automatically extended for another 15 or 30 days, as applicable, which will result in a charge for the display of the Classified being charged, as peer Appendix 1 Price for Dealers.

3. The services referred to in clauses 1(5) through 1(6) of Appendix 2 Classified Promotion Services are in effect as of the moment immediately following their activation, and in the case of a service specified in clause 1(6) of Appendix 2 Classified Promotion Services, its multiple activation is possible during the Classified Advertisement display period.

4. The scope and terms of certain Classified Promotion Services may be defined in separate Terms & Conditions. For the purpose of the services in question, the Dealers' rights and responsibilities may differ from those specified in these Terms & Conditions. Acceptance of the applicable terms & conditions is a prerequisite for using such services.

 

7. Liability rules

 

1. Permitting the display of Classified advertisements, Grupa Olx reserves the right to: (i) modify them insofar as necessary, (ii) temporarily suspend the display of a Classified Advertisement or (iii) delete a Classified Advertisement entirely if the Classified Advertisement is found to be in violation of these Terms & Conditions, of which it will inform the Dealer without undue delay.

2. Grupa Olx shall not be liable for the Dealer's non-performance or improper performance of any contracts entered into in connection with the Classified or for the consequences of any actions taken by the Dealer and by third parties in violation of the Terms & Conditions. Grupa Olx shall not be liable for the technical condition, safety or legitimacy of the Vehicles, for the accuracy and reliability of the information provided in the Classified advertisements by the Dealer and for the ability of the sellers and the buyers to follow through with the transaction.

3. The following, without limitation, shall be considered as violations hereof: posting a Classified Advertisement that offers purchase or exchange (rather than sale) or considerably undervaluing the subject of sale, manipulating with the key words in the Classified Advertisement or posting a Classified Advertisement in a wrong category, posting in the Classified Advertisement any contact details other than those in the Dealer's Account, providing misleading information or posting a Classified Advertisement with content: (i) generally considered as offensive, (ii) possibly representing an act of unfair competition, (iii) violating custom, infringing on copyright or other intellectual property rights, (iv) harmful to Grupa Olx or other entities, (v) representing promotional and advertising materials, announcements, links or logos directing to other sites than OTOMOTO. Posting Classified Advertisements regarding Vehicles to be sold for parts, Vehicles that are broken or burnt down, Classified advertisements representing Vehicle auctions or bids, and adding photos with products or services other than those that are the subject of the Classified Advertisement also represents a violation hereof. Such actions will result in Grupa Olx taking appropriate steps up to deletion of the Classified Advertisement, as well as suspending the provision of services within the OTOMOTO Site and blocking the Dealer's Account.

If a Classified Advertisement is deleted, the Dealer shall have no right to any reimbursement representing the value of the Classified in proportion to the value of the Standing Charge. However, Grupa Olx does not add such a Classified to the number of Classifieds within the Standing Charge.

4. Furthermore, Grupa Olx shall not be responsible for:

        1. lack of interest in the subject of the Classified Advertisement,
        2. any performance of the obligations arising from express and implied warranty in respect of the subject of the Classified Advertisement,
        3. any representations made by the User to the other party to the transaction,
        4. the functioning of any ICT systems or devices beyond the control of Grupa Olx,
        5. force majeure events.

5. Any materials, including graphic elements as well as their layout and composition, trademarks and other information available on the pages of the OTOMOTO Site are the subject of exclusive rights of Grupa Olx or the Dealers. The said elements are covered by copyright, industrial property rights, including rights arising from trademark registration and rights to databases, and as such they are protected under statute.

6. Logo

        1. A logo should represent the marking of the business for which the account is registered.
        2. By adding a logo, the Dealer represents that it holds the copyright to use it.
        3. The following is forbidden: using the logo and corporate identity of another company; incorporating contents generally considered as offensive in the logo; incorporating frames, contact details (e-mail address, phone number), website address and photos of the Dealer's principal place of business (car yard), vehicles, people, items or landscape in the logo.
        4. The logo must not be used as an act of unfair competition.
        5. Violation of any of the above clauses may result in the logo being deleted or may give rise to contract termination.

8. Fees

 

1. The services provided to the Dealers within the OTOMOTO Site are covered by a Standing Charge in accordance with the Price List in Appendix 1 hereto and based on Appendix 2 (Classified Promotion).

2. The Standing Charge amount is determined according to the Plan chosen by the Dealer and the Classified Promotion Services used by the Dealer in the settlement period. The settlement period for the Plans and the Classified Promotion is 30 calendar days.

3. The Standing Charge is payable for subsequent settlement periods based on a VAT invoice within 15 days following the invoice date. Failure to make the payment on time results in the Dealer's Account being blocked until the payment is recorded.

4. Invoices are issued using the Dealer's details in the Dealer's Account. The invoicing details can only be changed through the OTOMOTO Site's User Service.

5. The Dealer may provide prepayments against the use of the OTOMOTO Site on the terms as defined in Appendix 4.

6. Invoices for the services provided within the OTOMOTO Site are issued by default as electronic invoices, and they can be downloaded directly after one signs in. The Dealer may withdraw their consent to have the invoices issued electronically by changing the account settings, which will result in paper invoices being issued.

 

9. Privacy and confidentiality

1. Grupa Olx gathers and processes the personal data provided by the Users in accordance with applicable laws and in line with the Privacy Policy included in Appendix 3 hereto.

2. Personal data of Users are only disclosed to other Users in the cases provided for herein and in other justified cases, with prior consent of the person to whom these data pertain.

3. Users should archive the information about the content of the Classified advertisements and about the contracts entered into within the OTOMOTO Site on their own.

 

10. Complaints

 

1. The User has the right to file complaints if Grupa Olx fails to perform or to properly perform the services to be provided within the OTOMOTO Site and in connection with the use of the resources of the OTOMOTO Site within 7 days of the day when the display of the Classified ended or was supposed to end.

2. Complaints shall be filed with Grupa Olx via e-mail to the e-mail address reklamacje@otomoto.pl or by registered post to the address of Grupa Olx with an annotation “Serwis OtoMoto.pl”.

3. A complaint should contain the User's data (first and last name, correspondence address, e-mail address and telephone number) number of the Classified to which the complaint pertains (if any), or other data which permit identifying the Classified, as well as the circumstances in support of the complaint.

4. Complaints will be handled without undue delay, no later than within 30 working days following the date of receiving all the information as required to make the decision on the complaint.

5. If the details provided in the complaint need to be supplemented, Grupa Olx will request the User to provide the additional information within the specified time limit.

6. If it is not possible to analyse the complaint within the time limit referred to above, Grupa Olx will inform the User about this, specifying the expected time to determine the issue.

7. The User will be informed about the decision on the complaint by e-mail to the e-mail address specified in the complaint or to the address held by Grupa Olx.

8. Any complaints that do not make it possible to identify the Classified or the User will not be analysed

 

11. Deactivation of Classified advertisements

 

If the Classified is not activated over the 6 months following its display, it will not be possible to renew its display.

 

12. Term and termination

1. Service provision within the OTOMOTO Site is not limited in time but each Party (Grupa Olx or the Dealer) has the right to terminate the contract at any time upon one month's notice, effective at the end of the settlement period referred to in clause 8.2. hereof. To terminate the contract, the Dealer should send a relevant notice to pomoc@otomoto.pl.

2. Grupa Olx reserves the right to terminate the contract effective immediately if the Dealer does not comply with these Terms & Conditions.

3. If the contract was terminated based on the decision of Grupa Olx referred to in clause 12.2 above, the Dealer cannot re-register in the OTOMOTO Site without prior separate express consent of Grupa Olx.

4. If the Dealer is in arrears with any payments to Grupa Olx on account of the contract, Grupa Olx reserves the right to block the Dealer's right to post the Classified in other accounts as well, and has the right to refuse to register any other accounts for the Dealer.

 

13. Modifications of the Terms & Conditions

 

1. Grupa Olx may modify the Terms & Conditions, including the Price List. Any modifications and their effective dates shall be communicated by Grupa Olx to the Dealer on a webpage of the OTOMOTO Site and through electronic means of communication. For communication purposes, Grupa Olx may also contact the Dealer through the chat available on www.otomoto.pl.

2. Any modifications of these Terms & Conditions and of the Price List may be effective not earlier than 7 days following the date of their posting on the OTOMOTO Site and of informing the Dealers through electronic means of communication. Any services activated by the Dealers before the effective date of the modifications of these Terms & Conditions shall be provided on the old terms.

3. As the Dealer logs in the OTOMOTO Site for the first time following the modification of the Terms & Conditions, the Dealer will be informed about such modifications and about the possibility of accepting them. Acceptance of the modifications is also implied if the Dealer automatically orders a service in the OTOMOTO Site, even if this takes place without the Dealer logging in.

4. If the Dealer does not accept the modifications of the Terms & Conditions, the Dealer should e-mail an applicable statement to pomoc@otomoto.pl, which shall result in termination of the contract with Grupa Olx upon the expiry of a one-month notice period, effective as of the end of the settlement period referred to in clause 8.2 hereof.

 

14. Miscellaneous

 

1. Within the services available on the OTOMOTO Site, the Dealer requests Grupa Olx to publish (and modify) Classified advertisements on any other websites owned by Grupa Olx or by it affiliates, as well as in other media, such as the press, TV, Internet and banners or billboards. Grupa Olx may also put a watermark with the name of the OTOMOTO Site on the photos of the Vehicle to protect the photo against unauthorised use by thirds parties.

2. The Dealer may also post a Classified using third-party software compatible with the requirements of the OTOMOTO Site offered by independent providers. Specific requirements regarding the Dealer's access to such software are available in the description of the services offered by these providers.

3. The contract between the Dealer and Grupa Olx regarding the services provided within the OTOMOTO Site on the terms as defined herein is governed by Polish law.

4. Any disputes connected with the services provided within the OTOMOTO Site shall be resolved by competent Polish courts of general jurisdiction.

5. Should any provision hereof be deemed invalid by a final and binding court judgement, the remaining provisions shall remain in full force and effect

 

Appendices

 

  • Appendix 1 Price List for Dealers
  • Appendix 2 Classified Promotion Services
  • Appendix 3 Automatic Bidding Service 
  • Appendix 4 Privacy Policy
  • Appendix 5 Funds for OTOMOTO

1. Appendix 1 Price List for Dealers (net prices) - cars, commercial, agro, trucks, construction, trailers

  

  *Displayed euro value follows the average exchange rate counted over the last three months. The final invoice value is calculated on the basis of Polish National Bank rate on the date of issue. The above prices apply to OTOMOTO listing only.

 

 Price List for Dealers (net prices) - motorbikes

 

*Displayed euro value follows the average exchange rate counted over the last three months. The final invoice value is calculated on the basis of Polish National Bank rate on the date of issue. The above prices apply to OTOMOTO listing only.

 

Specifications

 

 

 

Additional 'Special' promotion available on OTOMOTO (net prices):

 

 

* Bump up – PLN 7.32 after tax (PLN 9 before tax).

2. Appendix 2 Classified Promotion Services

 

The OTOMOTO Site allows the Dealer to use the following additional fee-based Classified Promotion Services:

 

    1. Highlight on the list
    2. Promote on top of the list
    3. Promote on the homepage
    4. Ad of the Day on the homepage
    5. Post the classified on OLX
    6. Move Up

 

1. Single activation of each of the services described in section 1 above applies to one classified chosen by the Dealer.

2. The Highlight on the list service will results in the applicable Classified being displayed on the list of search results against a background other than that for Classifieds not promoted this way.

3. The Promote on top of the list service results in the applicable Classified being displayed on the list of search result before any other Classified advertisements that are not promoted this way. A User browsing the list of search results may change the list sorting criterion on their own.

4. The Promote on the homepage service results in the applicable Classified being posted on the OTOMOTO Site homepage, with the Classified advertisements chosen through automatic draw. Every Classified may be drawn multiple times, with priority being given to those Classified advertisements, which have been drawn the least thus far.

5. The Ad of the Day on the homepage service results in the applicable Classified being posted on the OTOMOTO Site homepage for 1 day in the Ad of the Day box, with the Classified advertisements chosen through automatic draw. Every Classified may be drawn multiple times, with priority being given to those Classified advertisements, which have been drawn the least thus far.

6. The Posting the classified on OLX service results in the applicable Classified being posted on Olx.pl.

7. The Move Up service results in the applicable Classified being displayed on the list of search results ranked as it would have been ranked at the moment of being added to the OTOMOTO Site according to a standard procedure; however, a User browsing the list of Classified search results may change the list display criterion on their own. 

8. The content of the Classified Advertisement posted on the sites referred to in clause 14(1) of the Terms & Conditions should be consistent with the rules defined in the service terms & conditions of those sites.

9. To use the Classified Promotion Services, the Dealer activates them on the OTOMOTO Site on its own

 

3. Appendix 3 Automatic Bidding Service

1.  Automatic Bidding Package Service allows you to choose one of the three available packages: 3-day Package, 5-day Package, and 7-day Package.

2. The Dealer can activate the package only for a specific Ad, not for the Dealer account.

3. Activation of the selected Automatic Bidding Package by the Dealer for the Ad at a particular time will raise the Bid on each successive day at the same time the Automatic Bidding Package was purchased; the first Bid is raised upon activation.

4. The amount of charges for Automatic Bidding Packages:

 

Name

3-day Package

5-day Package

7-day Package

 Number

of automatic

bid raises

 3

 5

 7

 Price

 PLN 24.99 (gross)

 PLN 39.00 (gross)

 PLN 55.00 (gross)

 

 

4. Appendix 3 Privacy Policy

 

In this privacy statement:

Services means any products, services, content, features, technologies, or functions, and all related websites, applications and services offered to you by us.

Platform means the websites, mobile apps, mobile sites or other online properties through which we offer our Services.

1.   Who are we?

The principal controller of your data for purposes of our international services is OLX Global B.V., a limited liability company with its office at 105 Taurusavenue, 2132 LS Hoofddorp, the Netherlands. OLX Global B.V is the parent company of the OLX group entities that are providing the services to you according to our Terms of Use,  (hereinafter collectively referred to as “OLX”, “we”, “us” or “our” in this privacy statement). These OLX group entities are also considered data controllers for the local services they offer.

The controller of your personal data processed in connection with services provided through the Polish Platform is:

Grupa OLX Sp. z o.o. with its registered seat in Poznan, Poland (61-872 Poznań, ul. Królowej Jadwigi 43), entered in the National Court Register kept by the District Court in Poznan under KRS number: 0000568963, NIP: 7792433421, REGON: 362117960.

Relevant contact details are set out in section 13.

 

1.   What data do we collect about you?

  • Data provided through direct interactions

 

Registration and other account information

 

When you register for the purpose of using provided by us Services we may collect the following information about you:

  • if you register using your Facebook account: we collect first name and last name as appeared on your Facebook account and Facebook IDs. In the event you have provided permission to Facebook through their in-app privacy option (which appears just before you register on our Platform), we may collect your gender, age or email id depending on the permissions granted by you;
  • if you register using your Google account: first name, last name and email address;
  • if you register using your Allegro account: email address associated with your Allegro account;
  • if you register using your email address: email address.

Providing the above data is necessary to use the services offered within the OtoMoto account.

When using our Services you may voluntarily provide us with the following additional 

personal data:

  • your name;
  • e-mail address;
  • mobile number.

Communication through the chat feature on our Platform

When you use our chat feature to communicate with other users, we collect content of the messages and information that you choose to provide to other users through this feature.

Telephone communication and correspondence

In case of a telephone or email contact we collect all information you decide to share with us during the conversation or in the correspondence with our employees or representatives. We inform you that when it comes to the telephone contact, all conversations are recorded. If you object to recording the telephone conversations, the conversation will not be continued and you can use other available forms of communication.

 

  • Data we collect automatically when you use of our Services

When you interact with our Platform, we automatically collect the following information about you:

Device Information

We collect device-specific information such as operating system version, unique identifiers. For example, the name of the mobile network that you are using. We associate the device identifiers with your OtoMoto account.

 

 

Location information

  • Depending on your device permissions, if you post an item on our Platform, we automatically collect and process information about your actual location. We use various technologies to determine location, including IP address, GPS, Wi-Fi access points and mobile towers. Your location data allows you to see user items near you and helps you in posting items within your location.

Client and Log data

  • We collect technical details, including the Internet Protocol (IP) address of your device, time zone and operating system. We will also store your login information (registration date, date of last password change, date of last successful login), type and version of your browser.

Data about activity on Platform

  • We collect information about your activity on our Platform which includes the sites from which you accessed our Platform, date and time stamp of each visit, searches you have performed, listings or advertisement banners you clicked, your interaction with such advertisements or listings, duration of your visit and the order in which you visit the content on our Platform.

Cookies

We use cookies to manage our users’ sessions, to store your preferences language selection and deliver you relevant advertisements. "Cookies" are small text files transferred by a web server to the hard drive of your device. Cookies may be used to collect the date and time of your visit, your browsing history, your preferences, and your username. You can set your browser to refuse all or some cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of our Services/Platform may become inaccessible or not function properly. For 

  • more information on the cookies we use, please see our Policy on Cookies and Similar Technologies.
    • Data from third parties or publicly available sources

 

We receive your personal data from various third parties [and public sources] as set out below:

  1. Certain technical and usage information from analytics providers such as Google.
  2. Address and contact data underlying operated business activity gathered from information providers such as business intelligence companies and entities building databases of potential clients and publicly available registries (e.g. Central Registry and Information about Business Activity).
  3. Data gathered from other users of the Platform concerning their correspondence with us on our Services or transactions that you have conducted with them (e.g. data on shipping confirmation, information about discrepancy between the product and the ad, information concerning potential frauds).

2.     Do we collect data from children?

 

Our Services are not intended for children under 16 and we do not knowingly collect data from anyone under 16. If we become aware that a person under 16 has provided us with personal data, we will delete it immediately.

3.     Why do we process your personal information?

 

We will only use your personal data when the law allows us to. Most commonly, we 

will use your personal data in the following circumstances:

  • Where we need to perform the contract we are about to enter into or have entered into with you (remember that while using our Services you enter into an agreement on providing services by electronic means).
  • Where it is necessary for our legitimate interests to improve our Services and to provide you a safe and secure Platform.
  • Where we need to comply with a legal or regulatory obligation.

 

In certain circumstances, we may also process your personal data based on your consent. If we do this, we will let you know the purpose and the category of personal data to be processed at the time we seek your consent.

We have set out below a description of the ways we process your personal data and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

  • Processing for providing access and delivering Services through our Platform

 

If you log in using your mobile number or email id, we use your first name and last name, mobile number and/or e-mail address to identify you as a user and provide access to our Platform.

 

If you log in using your Facebook account, we use your first name and last name from your Facebook profile and the Facebook e-mail address to identify you as a user on our Platform and to provide you access to our Platform.

 

The above log-information data is also used by us to deliver our Services to you in accordance with our Terms of Use.

 

We use your e-mail address and mobile number (by SMS) to make suggestions and 

recommendations to you about our Services that may be of interest to you.

 

We process the above information for adequate performance of our contract with you and on the basis of our legitimate interest in undertaking marketing activities to offer you Services.

 

  • Processing for improving your experience on the Platform

 

We use data about activity on Platform (e.g. clickstream data on the Platform) to:

  • offer you tailored content, such as giving you more relevant search results when using our Services;
  • to determine how much time you spend on our Platform and in what manner you navigate through our Platform in order to understand your interests and to improve our Services based on this data. For example, we may provide you with suggestions on content that you can visit based on the contents you have clicked;
  • to monitor and report the effectiveness of the campaign delivery to our business partners and for internal business analysis.

 

We use your location data for following purposes:

  • to compile anonymous and aggregated information about the characteristics and behaviour of OtoMoto users, including for the purposes of business analysis, segmentation and development of anonymous profiles;
  • to enhance the performance of our Services and to personalise the content we direct towards you. For example - with the help of location data we display ad listings which are in your vicinity to improve your buying experience;
  • to measure and monitor your interaction with the third-party advertisements banners we place on our Platform.

 

With the help of your log-in information which includes your email id and phone number, we map the different devices (such as desktop, mobile, tablets) used by you 

to access our Platform. This allows us to associate your activity on our Platform across devices and helps us in providing you a seamless experience no matter which device you use.

 

We process the above information on the basis of our legitimate interest to improve your experience on our Platform and for adequate performance of our contract with you.

  • Processing to provide you a safe and secure Platform

 

  1. We use your mobile number, log data and unique device identifiers to administer and protect our Platform (including troubleshooting, data analysis, testing, fraud prevention, system maintenance, support, reporting and hosting of data).
  2. We analyse your communications done through our chat feature for fraud prevention and to promote safety by blocking spam or abusive messages that may have been sent to you by any other user.

We process the above information for adequate performance of our contract with you, to improve our Services and on the basis of our legitimate interest to prevent fraud.

1.     How will we inform you about changes in our Privacy Statement?

 

We may amend this Privacy Statement from time to time. We will post changes on this page and will let you know by e-mail or through our Platform. If you do not agree with the changes, you may close your account by going to account setting and select delete account.

2.     Your rights

 

You have rights under data protection laws in relation to your personal data that are 

processed. Scope of your rights depends on the nature of actions we undertake.

If you wish to exercise any of the rights set out below, please go to your account/privacy settings or contact us using the Contact Form.

Right to request access to your personal data. This enables you to receive information if we process your personal data, and if we do so, receiving a copy of the personal data we hold about you and to check that we are lawfully processing it.

Right to request correction of your personal data. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.

Right to request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data's accuracy; (b) where our use of the data is unlawful; (c) where you need us to hold the data even if we no longer required it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to continue processing your personal data.

Right to request erasure of your personal data. This enables you to ask us to delete personal data where they are no longer necessary for purposes for which they were collected. You also have the right to ask us to delete your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your data unlawfully or where we are required to erase your personal data to comply with local law. Please note that for certain purposes we may be legally obligated to process your data and we cannot fulfil your request. Please see section 10 for more information.

Right to object to the processing of your personal data where we are relying on a legitimate interest (our or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes 

In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms (e.g. ensuring security of the Platform and fraud prevention). In such circumstances the right to object will not result in deletion of your personal data.

Right to request for the transfer of your personal data. We will provide to you, or a third party you have chosen, with your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated processing (in IT systems) which you initially provided consent for us to process or where we used the information to perform a contract with you.

If you granted consent for processing of your personal data, you have a right to withdraw your consent at any time. This does not affect the legality of any processing we have already carried out based on the consent given previously.

No fee usually required: You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

Time limit to respond: We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made several requests. In this case, we will notify you and keep you updated.

In addition, you have the right to make a complaint at any time to the data protection authority responsible for you as outlined in section 13.

However, before you make a complaint to the data protection authority, we would appreciate the chance to deal with your concerns in the first instance. Please reach out to our Privacy Office using the Contact Form.

Communication and marketing

We will communicate with you by email, SMS or in app notification in connection with our Services/Platform to confirm your registration, to inform you in case your ad listing has become live/expired and for other transactional messages in relation to our Services. As it is imperative for us to provide you such transactional messages you may not be able to opt-out of such messages.

However, you can ask us to stop sending you marketing communication at any time by clicking on the opt-out link in the email or SMS, by changing your notification settings in your OtoMoto account. In the event of difficulties or problems contact us using the Contact Form.

You may receive marketing communications from us if you:

  • have requested receiving such information from us by granting consent for marketing communication;
  • provided us with your details when you entered a competition; or
  • registered for a promotion.

 

1.     Who do we share your data with?

 

We may have to share your personal data with the parties set out below for the purposes set out in section 4 above.

Corporate affiliates – we may share your data with other OLX group companies which are located within as well as outside EEA and help us in providing business operation services, such as product enhancements, customer support and fraud detection mechanism. Any sharing of personal data within the OLX group of companies situated outside European Economic Area (“EEA”) will always be subject safeguards as described in section 9 or to a data transfer agreement which clearly defines the obligations of the parties and ensures appropriate technical and organisational measures to protect your data.

Third Party Service Providers: We use third party service providers to help us deliver certain aspect of our Services, for example cloud storage facilities such as Amazon Web Services and Microsoft Azure. Service providers may be located inside or outside of the “EEA”.

We conduct checks on our third-party service providers and require them to respect the security of your personal data and to treat it in accordance with the law. We do not allow them to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

Advertising and analytics providers: In order to improve our Services, we will sometimes share your non-identifiable information with analytics providers that help us analyse how people are using our Platform/Service. We share your information with them in non-identifiable form for monitoring and reporting the effectiveness of the campaign delivery to our business partners and for internal business analysis. For further details about our advertisers and analytics provider please refer to our Policy for Cookies and similar Technologies.

Law enforcement authorities, regulators and others: We may disclose your personal data to law enforcement authorities, regulators, governmental or public bodies and other relevant third parties to comply with any legal or regulatory requirements.

We may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this Privacy Statement.

Publicly available information: When you post an item for sale using our Services, you may choose to make certain personal datas visible to other OtoMoto users. This may include your first name, last name, your email address, your location and your contact number. Please note, any information you provide to other users can always be shared by them with others so please exercise discretion in this respect.

1.     International transfers

 

Whenever we transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:

You can receive the copy of relevant and implemented safeguards by contacting us  using the Contact Form.

 

 

2.     Where do we store your data and for how long?

 

The data we collect about you will be stored and processed inside, as well as outside the EEA in secure servers, in order to provide the best possible user experience. For example – for fast website or mobile application build up.

We will only retain your personal data for as long as necessary to fulfil the purposes 

we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data, and whether we can achieve those purposes through other means, and the applicable legal requirements concerning processing of personal data.

Your personal data related to the OtoMoto account are stored for the time you possess the account on the Platform for the purpose of rendering services in accordance with the Terms of Use, as well as for the marketing purposes.

When you close your account we may store your personal data in the scope and for the period that is necessary to fulfil legal obligations or necessary for our legitimate interests (e.g. for the purpose of fraud prevention).

Personal data processed in connection with ads are stored within 6 months after the expiration of the ad.

The messages sent within the Platform are stored for 120 days.

Personal data related to cookie technology are stored for time corresponding with life-cycle of the cookie or until they are deleted by the user.

In case you have any queries in relation to retention period of your data please contact us at using the Contact Form.

1.     Technical and organisational measures and processing security

 

All the information we receive about you are stored on secure servers. We have implemented technical and organisational measures that are suitable and necessary to protect your personal data. OLX continually evaluates the security of its network and adequacy of its internal information security program which is designed to (a) help 

secure your data against accidental or unlawful loss, access or disclosure, (b) identify reasonably foreseeable risks to the security of the OLX network, and (c) minimize security risks, including through risk assessment and regular testing. In addition, we ensure that all payment data are encrypted using SSL technology.

Please note, despite the measures we have implemented to protect your data, the transfer of data through the Internet or other open networks is never completely secure and there is a risk that your personal data may be accessed by unauthorised third parties.

1.     Links to third-party websites

Our Platform may contain links to third party websites or apps. If you click on one of these links, please note that each one will have its own privacy policy. We do not control these websites/apps and are not responsible for those policies. When you leave our Platform, we encourage you to read the privacy notice of every website you visit.

2.     Contact

For any additional information or to exercise your rights, check your account settings in section “My OTOMOTO or contact our Privacy Office using the Contact Form, or through the Help Section in our Platform. If you want to contact us for information concerning processing of your personal data you can:

  • send a letter to our address:

Grupa OLX Sp. z o.o., ul. Królowej Jadwigi 43, 61-872 Poznań, Poland.

Our Lead Supervisory Authority is:

“Berliner Beauftragte für Datenschutz und Informationsfreiheit”

Friedrichstr. 219, Besuchereingang: Puttkamerstr. 16 – 18 (5. Etage), 10969 Berlin, 

Germany

Telefon: 030 13889-0, Telefax: 030 2155050

E-Mail: mailbox@datenschutz-berlin.de

For local matters in relation to personal data protection your local authority can also be contacted with President of Data Protection Office (Prezes Urzędu Ochrony Danych Osobowych)

Urząd Ochrony Danych Osobowych

  1. Stawki 2, 00-193 Warszawa, Poland

Telefon: +48 22 531 03 00; Telefax: +48 22 531 03 01

 

5. Appendix 4 Funds for OTOMOTO

 

1. Within the OTOMOTO Site, the Dealers may make prepayments for the use of promotion services on the OTOMOTO Site as per Appendix 2, on the terms as defined in this Appendix.

2. All the funds paid by the Dealer as prepayment for the use of the OTOMOTO Site services are automatically converted to points. The points become the means of payment for the OTOMOTO Site services, with 1 point corresponding to PLN 1.

3. The points are accumulated on the Dealer's accounts kept by Grupa Olx and they are available as a payment method as the Dealer orders services within the OTOMOTO Site.

4. The points cannot be converted back to cash, unless the applicable laws or the regulations of the OTOMOTO Site provide otherwise.

5. One single prepayment can represent no less than PLN 50 (fifty) and no more than PLN 3,000 (three thousand). A prepayment is confirmed with an accounting note, which the Dealer may download after logging in the OTOMOTO Site.

6. If the Dealer makes a prepayment for the OTOMOTO services, the Dealer may receive a bonus in the form of additional points on the terms as defined in section 7.

7. The bonus amount is defined as a specific part of the prepayment and it each time depends on the amount paid, according to the table below:

 

 

Fee Bonus

PLN 50 - 149 

None

PLN 150 - 299

   5% of the amount paid

PLN 300 - 499

   10% of the amount paid

PLN 500 - 3000

   15% of the amount paid

 

8. The points expire if the Dealer fails to use them within 60 days following the last prepayment, which means that every prepayment made by the Dealer extends the validity period of the points by 60 days.

9. If the Classified is deleted on account of being in violation of the Terms & Conditions, the Dealer will be reimbursed for the fees regarding the services referred to in clause 5(1) of the Terms & Conditions and clauses 1(1) through 4 of Appendix 2. The reimbursement shall take the form of the Dealer's account being credited with the points corresponding to the fee reduced pro rata by the period in which the service was being provided.

10. The crediting of the Dealer's account with the points referred to in section 9 does not change the expiry date of the points accumulated in the account; however, the points accumulated in the Dealer's Account cannot expire within the 30 days following the date of the crediting referred to in this section.