I. General
1. The Terms and Conditions define the terms and conditions for the provision of services via the Web Application available on the https://bin-to-win.com website and the rules of its use.
2. The application is made available by the Administrator.
3. Before starting to use the Web Application, the User is obliged to read the content of the Terms and Conditions.
4. The use of the Web Application is tantamount to the User’s declaration that: a. has read the Terms and Conditions and accepts all its provisions and undertakes to comply with them b. voluntarily started using the Web Application and the services provided through it c. agrees to the processing of his/her personal data by the Administrator, for the purposes of proper performance of the contract for the provision of electronic services and other services specified in the Terms and Conditions d. agrees to receive system information, messages from the Administrator and information about difficulties, changes or technical breaks in the operation of the Web Application.
II. Definitions
For the purposes of the Terms and Conditions, the terms used herein shall have the following meanings:
1. Administrator – OSF POLSKA sp. z o.o. with its registered office in Warsaw, Wspólna 70/Vp, 00-687 Warsaw, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court for the m.st. of Warsaw in Warsaw, XII Commercial Division of the National Court Register, under KRS number: 0001050030, NIP: 7011117996, REGON: 525985647, e-mail address contact@bin-to-win.com.
2. Consumer – a natural person who is a party to the Agreement or who applies for its conclusion for purposes not directly related to their business or professional activity. It can also act as a company.
3. Account – available after registration and logging in by entering a login and password, the space assigned to the User in the Web Application, by means of which the User uses certain services of the Web Application.
4. Terms and Conditions – these Terms and Conditions of the bin-to-win Web Application
5. Web Application – an online platform https://bin-to-win.com consisting of websites, tabs and other Internet tools made available via the Internet, enabling the use of services referred to in the Terms and Conditions.
6. User – a natural person or company (Consumer) using the Web Application in any way, a legal person or an organizational unit without legal personality, established in accordance with separate regulations.
7. Web Application Websites – means websites under which the Service Provider operates a website, operating in the domain of bin-to-win.com
8. Service – means the service offered by the Seller through the web application, including a service provided electronically.
9. Service Provider – OSF POLSKA sp. z o.o. with its registered office in Warsaw, Wspólna 70/Vp, 00-687 Warsaw, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court for the m.st. of Warsaw in Warsaw, XII Commercial Division of the National Court Register, under KRS number: 0001050030, NIP: 7011117996, REGON: 525985647, hereinafter referred to as OSF.
III. Intellectual property
1. The web application, together with the works, trademarks and databases contained therein, is protected in accordance with applicable law, in particular the Act of 27 July 2001 on the Protection of Databases (Journal of Laws No. 128, item 1402, as amended) and the Act of 16 April 1993 on Combating Unfair Competition (i.e. Journal of Laws of 2003 No. 153, item 1503, as amended).
2. Copyrights to the Web Application and the works contained therein, within the meaning of the Act of 4 February 1994 on Copyright and Related Rights (i.e. Journal of Laws of 2016, item 666, as amended), rights to trademarks and databases are vested in the Administrator.
3. By using the works, trademarks or databases made available in the Web Application, the User does not acquire any rights to them and is not granted any license.
4. Without the prior consent of the Administrator, the User may use the Web Application and the works and databases contained therein only within the scope of permitted use provided for in the Act on Copyright and Related Rights and in the Act on the Protection of Databases. In particular, it is unacceptable to: a. reproduction, modification, blocking, public reproduction and making available to the public on the Internet the Web Application or its part or works posted in the Web Application or their part, except for the cases indicated in the separate regulations in force in this respect b. retrieving the contents of databases and re-using them in whole or in a significant part, in terms of quality or quantity
IV. User registration
1. In order to gain access to all services offered to the User via the Web Application, the User may create an Account in the Web Application. To do this, he/she should register by following the instructions contained in the registration panel of the Web Application.
2. In order to create an Account, it is necessary to provide a phone number and (twice) a password
3. At the stage of filling in the registration form, the User has the opportunity to read the terms and conditions of the Terms and Conditions, which may be saved by the User on a durable medium or printed.
4. After creating the Account, the Administrator will unlock the account on its own so that it is possible to log in by the person registering the account. This will block access to unauthorized persons.
5. After activating the Account, the User may log in to the Account using the provided in the registration process.
6. The account provides the following functionalities: a. Access to your personal profile information b. Ability to check the number of items sent for recycling and the balance of points collected by the User c. Possibility of exchanging points for a prize as part of campaigns covered by separate regulations
7. The user cannot change the account permissions or the phone number contained in the account data on his profile in the web application.
8. You are responsible for protecting the password you use to access your Account in the Web Application. You agree not to disclose your password to any third party. The Administrator is not responsible for any loss or damage resulting from failure to comply with the above requirements.
9. The User shall inform the Administrator, without undue delay, of any breach of security or unauthorized use of the User’s account.
10. By registering, the User agrees to the processing of their personal data by the Administrator, in accordance with applicable law, in order to perform the tasks of the Website. These tasks include, m.in, enabling the creation of an Account on the Website, filing complaints about the services provided by the Administrator and the implementation and operation of these services.
V. Rights and obligations of the User
1. You may only have one Account and may not share your Account with third parties or use Accounts belonging to third parties.
2. The User undertakes to refrain from activities that may hinder or interfere with the operation of the Web Application, in particular actions consisting in destroying, changing, deleting, or hindering access to the Accounts of other Users.
3. If the Administrator finds a violation of the provisions referred to in sections 1-2, the Administrator has the right to block the Account or terminate the agreement on the provision of electronic services.
4. The User undertakes to use the Web Application in accordance with applicable law, generally accepted moral, social, moral and cultural norms, the provisions of the Terms and Conditions and the principles of social coexistence, including ethics.
5. The User has the right to request the Administrator to delete the Account, for this purpose they should send the Administrator an appropriate statement by e-mail to the following address: contact@bin-to-win.com Deletion of the Account is associated with the deletion of the User’s data from the Web Application database. However, the user’s history in the system still remains, about what he did in the past tense in the system, but the User’s personal data is not there.
6. The User may contact the Administrator via: a. Email: contact@bin-to-win.com b. via the contact form on the https://bin-to-win.com page
VI. Restrictions on the use of the website
1. It is forbidden to use the Web Application in a manner contrary to or inappropriate for its purpose. It is forbidden to send and publish via the Web Application content prohibited by generally applicable law, including international agreements, EU law and the law of the Republic of Poland. In particular, it is prohibited to: a. use the Web Application for any illegal purpose or to promote illegal activities b. post content in or with the help of the Web Application in violation of generally applicable laws, including intellectual property rights and the right to privacy, personal rights of third parties, etc., and in particular the content of: i. infringing personal and/or property rights or personal rights of third parties, ii. generally considered vulgar or offensive, iii. depicts or promotes violence, fascism, racism, hatred or discrimination of any kind (e.g. racial, cultural, ethnic, religious, philosophical, physiological, property), iv. is considered Erotic, Pornographic or obscene, v. disseminating techniques of data breaching (mechanical and/or electronic), concerning the creation and propagation of viruses and software of a similar nature, and content describing, promoting or providing instructions for illegal activities or activities even potentially dangerous, c. impersonate other Users, d. generate unsolicited communications, advertisements, or spam either routing through or referring to the Web Application
2. The User is prohibited from engaging in any activity (behavior) consisting of: a. violation of generally accepted principles of ethics, b. using programs that generate automatic queries to the Administrator’s servers, c. copying part or all of the Web Application, including the source code, or using it for commercial or non-commercial purposes, d. sending spam or unsolicited commercial information, advertising of goods, services, and conducting commercial, advertising or promotional activities in the Web Application, e. promoting other websites / services / portals as well as web applications or mobile applications.
3. The User undertakes to refrain from infringing the copyrights to the Web Applications vested in the Administrator, as well as the copyrights of third parties.
4. The User is fully responsible for the violation of the Terms and Conditions, rights or goods of third parties.
VII. Controller’s responsibility
1. The Administrator makes every effort to ensure the correct functioning of the Web Application in technical terms.
2. The Administrator is not responsible: a. For the User’s inability to use the services provided as a result of the User’s failure to meet the technical requirements b. For any damage and loss of the User arising directly or indirectly (including damage due to loss of profits from running a business, interruption in business activity or loss of business information and other damage of a material nature), in connection with the use or inability to use the Web Application by the User or the malfunction of the Web Application c. in connection with the User’s improper use of the Web Application, in particular in a manner contrary to the generally applicable law and the Terms and Conditions, and improper functioning of the computer hardware, computer software or communication system by means of which the User connects to the Web Application d. for the way in which the User uses the Web Application e. for information downloaded from the Internet, in particular from the Web Application, or for the effects of their use by the User and for their usefulness to the User f. for damage suffered by the User caused by threats occurring on the public Internet, in particular hacking into the User’s system, password takeover by third parties, infection of the User’s system with viruses.
3. Administrator does not guarantee the user continuous, failure-free operation of the Web Application in general, and in particular if the interruption in operation resulted from: a. for reasons not attributable to the Administrator, in particular attributable to the User, third parties, service provider, operator responsible for data transmission b. the need for the Administrator to carry out the necessary maintenance or service work c. force majeure
4. The web application may contain links to third-party websites (e.g. advertisers) that are not owned and controlled by the Administrator. The Administrator does not bear any responsibility for any of these websites and the information, materials, products or services contained therein.
5. The Administrator reserves the right to cease providing services by blocking the User Account, whose actions it considers harmful to the Web Application, or who violates any of the provisions of the Terms and Conditions. Resumption of the provision of services by unblocking the User’s account is left to the Administrator’s discretion.
VIII. App usage fees
1. The use of the Web Application by the User, including the creation and use of the Account, is free of charge, with the proviso that access to the Web Application requires an Internet connection, for which the User may be charged by their Internet operator with the costs resulting from the agreement between them.
IX. User data and its protection
1. The Administrator attaches particular importance to respecting the privacy of the User using the Web Application.
2. In the case of using some services provided through the Web Application, the User who is a natural person may provide their personal data. Providing personal data is voluntary, however, it may be necessary for the proper provision of certain services via the Web Application.
3. Personal data may be verified by the Administrator. For this purpose, the Administrator may require the User to submit statements other than those provided for in the Terms and Conditions.
4. The Controller provides services via the Web Application, in accordance with the applicable regulations on the protection of personal data, including the Regulations of the General Data Protection Regulation (GDPR).
5. The administrator of personal data is the Administrator.
6. The Administrator processes personal data in accordance with the applicable provisions of law on the protection of personal data.
7. The Administrator will process personal data only for the purpose of performing a specific service provided through the Website and to the extent necessary for its implementation
8. When processing personal data, the Administrator takes special care to protect the interests of data subjects, and in particular ensures that the data is: a. processed in accordance with generally applicable law, b. collected for the purposes specified in the Terms and Conditions and not subject to processing incompatible with those purposes, c. factually correct and adequate in relation to the purposes for which they are processed, d. stored in a form that allows identification of data subjects, no longer than it is necessary to achieve the purpose of processing, e. only persons with authorization granted by the Administrator are allowed to process personal data.
9. The Administrator undertakes to protect personal data against unauthorized access, illegal acquisition, processing in violation of applicable provisions on the protection of personal data, as well as against unauthorized change, loss, damage or destruction. In order to fulfil this commitment, The Administrator applies appropriate technical and organizational measures, in accordance with the requirements set out in the applicable regulations on the protection of personal data.
10. The IT system used by the Administrator in the process of personal data processing meets the requirements set out in the regulation referred to in paragraph 10.
11. Personal data is processed at the registered office of the business.
12. The scope of data, including personal data processed by the Administrator in connection with the provision of services covered by the Terms and Conditions, includes: a. anonymous ID to track scanned items and points earned. b. Location information collected to verify recycled items. c. mobile phone number as a user identifier and to send codes and rewards. d. technical information, such as IP address and user agent, for debugging and analysis purposes. e. When a user views a page and takes an action in the app, along with the time spent on the pages. f. account configuration data, including acceptance of terms and conditions and permissions in the application
13. The Administrator may entrust the processing of personal data to a 3rd party
14. The Administrator will not make the collected personal data available to third parties, unless it occurs as a result of explicit consent.
15. The Administrator ensures the exercise of rights, and in particular enables: a. access to your own personal data and correct them on request, b. submitting, in the cases listed in the Act, a written request a reasoned demand to cease, c. processing of personal data.
16. In order to exercise your rights, you should write to the Administrator by e-mail to the contact@bin-to-win.com address with the note “Personal data”.
17. Detailed information on the privacy policy applied by the Administrator is included in the Privacy Policy document, made available by the Administrator at bin-to-win.com.
X. Complaints
1. The User of the Web Application has the right to file a complaint in matters related to the technical functioning of the Website.
2. Complaints can be submitted electronically to the following address: contact@bin-to-win.com
3. The Administrator will consider the complaint within 14 days from the date of its receipt, subject to paragraph 4.
4. The Administrator reserves the right to extend the deadline specified in paragraph 3 by no more than 20 days in the event that the consideration of the complaint requires unusual, special actions and arrangements or encounters obstacles beyond the control of the Administrator (additional explanations, equipment failure, force majeure, etc.). The Administrator also reserves that a fair consideration of the complaint may require additional explanations from the User.
XI. Access to the web application and technical requirements
1. The Administrator provides services through the Web Application via the Internet. The User may use individual functionalities of the Website using any computer or mobile device (tablet, smartphone, etc.), in any way connected to the Internet.
2. For the proper operation of the Web Application, it is required to have computer hardware with up-to-date software that provides access to the Internet and to have an updated web browser to ensure the correct display of websites.
3. In a situation where the User encounters technical problems with access to the Web Application or its individual functionalities, they may send a request to the Administrator at the following address: contact@bin-to-win.com
XII. Final provisions
1. The main threat to every Internet user, including people using services provided by electronic means, is the possibility of infecting an electronic device (IT system) by various types of software created mainly to cause damage (viruses, worms or Trojan horses). In order to avoid the risks associated with this, it is important that the User equips his/her computer (device) that he/she uses to connect to the Internet with an antivirus program and constantly updates it,
2. installing the latest versions as soon as they are available on the market. The Administrator also informs that special threats related to the use of the service provided by electronic means, including those described in the Terms and Conditions, are related to the activity of hackers aimed at breaking into both the Administrator’s system (e.g. attacks on its websites) and the User’s. Therefore, the User acknowledges that despite the use of various modern technologies by the Administrator, there is no perfect protection against the above-described undesirable actions.
3. The current content of the Terms and Conditions is available on the website of the Web Application and at the Administrator’s office.
4. The Administrator reserves the right to change the Regulations. The Terms and Conditions may be amended in particular in the event of technological or organizational changes in the operation of the Web Application.
5. The Administrator notifies the User of any changes to the Terms and Conditions by making the content of the new, unified Terms and Conditions available on the Website.
6. An amendment to the Terms and Conditions shall enter into force on the date of publication of the content of the new of the Terms and Conditions on the website of the Web Application.
7. Your use of the Web Application after the changes have been made to the Terms and Conditions means their acceptance.
8. In the event of non-acceptance of the changes to the Terms and Conditions, the User should refrain from using the Web Application.
9. The Administrator has the right to discontinue the provision of services via the Web Application.
10. In matters not regulated by the provisions of the Terms and Conditions, the applicable provisions of Polish law shall apply, and any disputes shall be resolved by the competent Polish common courts.