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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

 

1APPLICATION AND ACCEPTANCE

 

      1. The data controller for the Users who are natural persons within the meaning of Polish Personal Data Protection Act of 29 August 1997 (Journal of Laws of 2016 item 922, hereinafter the “Data Protection Act”, consolidated text: Journal of Laws of 2002 no. 101 item 926 as amended) is 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. 0000268796 (hereinafter the “Operator”).
      2. The Users' data filing system has been entered in the register of the data filing systems processed by the Operator and it is managed by the Information Security Administrator appointed by the Operator. This register is available for inspection in the Operator's registered office.
      3. The objective of the Privacy Policy is to define the actions to be taken by the Operator in respect of the personal data gathered through www.otomoto.pl and the mobile application as well as through the related services and tools used by the Users to perform such activities as registration on the Site, posting and browsing of Classified advertisements, and a number of other related activities. All the activities in questions are governed by applicable laws regarding data protection. This Privacy Policy is governed by Polish laws, in accordance with the Personal Data Protection Act of 29 August 1997(consolidated text: Journal of Laws of 2002 no. 101 item 926 as amended).
      4. A User who uses the Site, downloads the mobile application or uses the related services and tools is requested to confirm that they are familiar with and understand this Privacy Policy and the OTOMOTO Site Terms & Conditions. By checking the right box in the OTOMOTO Site registration form, the User may agree to the use of their personal data in accordance with the Site Terms & Conditions and with this Privacy Policy.
      5. The User acknowledges that by clicking the links on the OTOMOTO.pl Site or in the mobile application, they me be redirected to third-party services which are outside the administered environment of the Site and where the data collection process is beyond the Operator's immediate control. The Operator has no control over the content of the privacy policies, if any, applicable to the services or apps of third parties.

 

2DATA COLLECTION, ACQUISITION AND RETENTION

 

      1. Account data and profile data: Users creating an Account on the Site may be required to give specific information, such as an e-mail address and a password. These data are given on a voluntary basis but they are necessary if the User wants to use the Site. Users may create a profile, which will contain such data as the location, first and last name, phone number and the related information, including a picture attached by the User. If there is interest in what the User has to offer, the profiles allow the Users to communicate with one another. Users provide information in their public profile at their own risk. A User should carefully analyse the risk of publishing their personal data, in particular the address or exact location. In the event of logging in the Site through an external authentication service, e.g. Facebook, Connect, the Operator obtains the data only in the form of the User's e-mail address.
      2. Classified advertisements and transactions: Within the OTOMOTO Site, the Operator may retain such information as personal data and the contact details necessary for the buyer and the seller to close a transaction, send messages, communicate with other Users and pay for the services provided by the Operator through the Site. All the data necessary to post a Classified will also be required for the creation of an Account. The information included in the Classified advertisements are shared at the User's own risk. A User should carefully analyse the risk of publishing their personal data, in particular the address or exact location, in the Classified.
      3. Games, advertising and promotions: Within the Site, the Operator may collect the User's personal data, such as first and last name and contact details, if the User participates in games, quizzes or marketing promotions offered directly on the Site or on third-party sites sponsored by the Operator. Within the OTOMOTO.pl Site, the Operator may also process the data regarding the effectiveness of advertising campaigns, including the viewed and clicked advertisements, whether directly on the Site or on third-party sites.
      4. User Service: Within the Site, the Operator may gather the personal data of the Users contacting the User Service as necessary to process the User's request and to contact the User if necessary. The contact will also be possible through the use of the data posted to that end in the User's Account. The Operator shall have the right to collect other data related to communications with the Users, e.g. information about support requests or User feedback.
      5. The data gathered through the website and the mobile devices: provided that the User's prior written consent has been obtained, which consent may be expressed through the settings of the web browser, the Operator may automatically obtain and record the data transmitted to the server by the User's web browsers or devices, e.g. the IP address, the software and hardware parameters, the websites viewed, the mobile device identification number, information about the use of the app, and other data regarding the devices and the use of systems. The aforesaid information will be collected if a webpage or mobile application of the Site or third-party services are used. For more about the above data see section 3 of this Privacy Policy.
      6. Supplementation of the acquired data: The Operator may supplement its information about the Users by adding data obtained legally from its business partners and third parties. In such a case, the Operator will inform the individuals to whom the data obtained from other entities pertain about the source of the data and their rights.

 

3. IP ADDRESS, COOKIES AND IDENTIFICATION NUMBER OF MOBILE DEVICES:

 

1. Provided that the User's consent is obtained, the Operator may collect, within the Site, data through such technologies as cookies, tracking pixels and objects shared locally (e.g. in the browser or on a device). Cookies are small text files that store data locally on a computer, a mobile phone or another device of the User. Pixels are small images that form a part of a website code and allow another server to e.g. measure a webpage viewing rate and are often used along with cookies. The code tracks whether and when (and on which page) the pixel was loaded, providing the information that the User has viewed the whole or a part of the page. Furthermore, the Operator may enable third parties such as advertisers or providers of analytical tools to collect information using the above technologies directly on the webpages or in the mobile application of the Site. Thus collected data are covered by the privacy policies adopted by these third parties.

2. The User may give the consent referred to in clause 3(1) above through the settings of their web browser or service configuration.

3. Through cookies, the website server is able to retain information e.g. about the preferences and settings of the computer, mobile phone or another device of the User that are recorded during anther visit. In other words, cookies are used e.g. to ensure a user-friendly Site, which can be used without logging in each time. Within the Site, the Operator collects both persistent cookies and session cookies. Persistent cookies are kept on the User's computer for a longer time, while session cookies are deleted automatically once the web browser is closed.

3. The User may define the terms and conditions of storing or accessing the information recorded as cookies through the their web browser settings or service configuration. For more information about the cookie technology, see www.wszystkoociasteczkach.pl.

4. The Operator may allow third parties such as advertisers or providers of analytical tools to collect information using the above technologies directly on the webpages or in the mobile application of the Site. Thus collected data are covered by the privacy policies adopted by these third parties.

 

4. USE OF THE COLLECTED DATA

 

1. The Operator has the right to use the data collected and kept on the Site for the following purposes:

        1. to provide User service, which includes User account creation and management, troubleshooting and provision of functions;
        2. to adapt the services offered and the User's experience, including advertisements, in the properties of the Site or in the properties of third-party services;
        3. to monitor the activity of all and specific Users, e.g. the searched key words, the Classified advertisements posted, and manage the Site traffic;
        4. to contact the Users, including for purposes connected with service provision, with User service, and with permitted marketing activities, through the available communication channels, in particular e-mail and the phone;
        5. to conduct research and analyses to improve the functioning of the available services; and
        6. to enforce the observance of the Site Terms & Conditions, including to fight scams and fraud.

 

2. The Operator has the right to collect the data collected and tracked on the Site only to achieve the above business objectives.

 

5. DATA SHARING

 

1. The Operator may share the collected data with other websites managed by the Operator's business.

2. If there is interest in a Classified, the Operator may – by providing the profiles with appropriate functionalities – share the User's personal data with other users to enable them to contact the User.

3. The Operator does not share the collected personal data of the Users with any non-affiliated parties without the consent of the concerned Users, unless the following circumstances arise:

        1. The Operator may use the support of third parties to provide its own services, in which case these parties have no right to any unauthorised use of the personal data processed on behalf of the Site, and their actions are governed by the provisions of this Privacy Policy.
        2. The Operator keeps the right to share the data with public authorities supporting the Site in the fight against fraud and scams on the Site in any proceedings regarding potential violations of the law or in the fight against any other potential violations of the Site Terms & Conditions as required by applicable laws.

4. Within the adopted Privacy Policy, the Operator undertakes not to lend or sell the Users' personal data. In the event of restructuring or sale of the Operator's business or its substantial part to a new owner, the Users' personal data may be transferred to the buyer to ensure the continuation of service provision within the Site.

5. The Operator may share anonymised data (i.e. data that do not identify specific Users) with third-party service providers, trusted partners or research agencies to learn more about the appeal of advertisements and services to the Users, improve the general quality and efficiency of the service provided by the Site or by the said entities or to participate in scientific research beneficial to the public.

 

6. CONTROL METHODS FOR THE USER

 

1. Accessing, editing and deleting the data: Users who have created an Account or post the Classified advertisements within the Account have the right to access, edit and delete the data they have provided. The User warrants that the data they are providing and published on the Site are accurate. Data of the Classified advertisements may be modified or deleted by the User in the “Moje OTOMOTO” section on the webpage/in the mobile application of the Site.

2. Choice of third parties: Some third parties acting within the Site, e.g. Google Adwords, enable the Users to withdraw their consent to the collection and processing of data for the purpose of advertisements based on the User's activity. For more about the possibility of making the choice see http://www.youronlinechoices.com or http://www.networkadvertising.org.

3. Cookies: The majority of desktop and mobile browsers (e.g. Safari, Firefox, Internet Explorer, Chrome, Opera) allow the User to limit or block the activity of cookies in their system. However, disabling cookies in the web browsers in respect of first-category domains (the visited websites) and the remaining domains (websites of companies other than the directly visited ones) may in some cases limit the functionalities of the pages.

 

7. SECURITY

 

1. All the data gathered by the Operator are protected using reasonable technical and organisational measures as well as security procedures to secure the data against unauthorised access or use, against being taken away by an unauthorised person, against any processing that violates the statute and against modification, loss, damage or destruction. The parties affiliated with the Site, trusted partners and third-party service providers have undertaken to manage the data in accordance with the Operator's security and privacy protection requirements.

 

8. AMENDMENT OF THE PROVISIONS

 

1. The Privacy Policy was last amended on 1 October 2015. The Operator may change the provisions of this Privacy Policy if necessary. In such a case, the provisions of the Terms & Conditions related to the modification thereof shall apply as appropriate.

 

9. CONTACT DETAILS

 

1. Submit any questions regarding the Privacy Policy to pomoc@otomoto.pl

 

 

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.