WEBSITE TERMS AND CONDITIONS AND PRIVACY POLICY

grupadiagnostyka.pl

Art. 1 General Provisions

1. These Terms and Conditions set out the rules for the operation and conditions of use of www.grupadiagnostyka.pl, hereinafter referred to as the Website/Site.
2. The Terms and Conditions define the rights and obligations of the User and the Service Administrator regarding the provision of digital services.
3. These Terms and Conditions are the terms and conditions referred to in Article 8 of the Digital Services Act.
4. These Terms and Conditions set out in particular: 

a) conditions for using the Site

b) rights and obligations of the owner of the Site

c) services provided by the owner through the Site

5. The User may access these Terms and Conditions at any time via the Site. The Terms and Conditions are posted on the website and are freely available to users.

Art. 2 Definitions

The terms used in the Terms and Conditions are defined as follows: 

1.  Site means the www.grupadiagnostyka.pl. website.
2. User means a person visiting the website.
3. Personal Data mean information about an identified or identifiable natural person (“data subject”); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier;  identified, directly or indirectly, in particular by reference to an identifier such as a name, email address and telephone number of a person representing a company.
4. Site Owner means Diagnostyka Spółka akcyjna, with its registered office at 31-864 Kraków, ul. Prof. Michała Życzkowskiego 16, entered into the register of entrepreneurs kept by the District Court for Kraków-Śródmieście in Kraków, 11th Commercial Division of the National Court Register under the KRS number 0000918455, NIP: 675-12-65-009, Regon: 356366975, Share capital: PLN 33,756,500.00.
5. Cookies mean IT data, particularly text files, stored on the User’s terminal equipment and intended for use on the Site.
6. Server logs mean information about certain User behaviour that requires logging at the server layer.
7. GDPR means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC.
8. Profiling means any form of automated processing of personal data evaluating the personal aspects relating to a natural person, in particular, to analyse or predict aspects concerning the person’s performance at work, economic situation, health, personal preferences or interests, reliability or behaviour, location or movements.

Art. 3 Terms of Service

1. The User is obliged to use the Site in a manner consistent with these Terms and Conditions, applicable laws, good morals and the purposes of creating the Site, and in particular in a manner that does not infringe the rights of third parties or the rights of the Owner.
2. Where the User is found to be in breach of point 1 or engages in any of the activities referred to in point 1, the Owner is entitled to take any action leading to compensation for the damage incurred.
3. The Site Owner reserves the right to interrupt and disrupt the Site to introduce territorial and age restrictions on access and shut down the Site without prior notice.
4. As provided by applicable law, the Site Owner reserves the right to restrict services via the Site to persons over 18. In such a case, the Owner undertakes to notify potential users.

Art. 4 Technical requirements

For correct and uninterrupted use of the Site, visitors to the Site should meet the following minimum requirements:
a) have a computer connected to the Internet;
b) have a web browser capable of displaying hypertext documents (HTML) connected to the Internet on a computer screen via a network web service.

Art. 5 Responsibility for the content

1. The Owner is only responsible for its own content on the Site.
2. The information posted by the Site Owner is kept up to date and compiled with care, but the Site Owner does not guarantee its accuracy, relevance, completeness or constant availability.
3. The Owner reserves the right to change, supplement, reduce or remove the Site’s content at any time. The Owner also does not guarantee that the content is suitable for a specific user and their purposes.
4. The website may contain links to third-party websites, the content of which is beyond the Owner’s control. The content of the linked addresses is the sole responsibility of their operator.

Art. 6 Services

Within the www.grupadiagnostyka.pl website, the Owner provides the following services:
a) “Newsletter” under the Terms and Conditions of www.grupadiagnostyka.pl/regulamin-newslettera/

Art. 7 Copyright

1. Polish and international copyright laws protect the content of the Site. The rights to all material on the website are reserved for the Owner or for companies and authorised persons (e.g. business partners, customers).
2. No Site Content (including but not limited to texts, documents, files, layouts, graphics) may be reproduced or distributed in any form or by any means without the relevant written consent of the Site Owner.
3. Violation of copyright by the User results in legal liability, as specified in particular in the provisions of the Copyright and Related Rights Act.

Art. 8 Privacy Protection

I General Information:

1. The User’s personal data are processed in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (Official Journal of the European Union, L 119, p. 1) (hereinafter the “GDPR”) and other data protection legislation in force at the time of processing the data in question.
   2. The Site Owner is the data controller within the meaning of the GDPR;
   3. The controller exercises particular care to protect the interests of data subjects and in particular ensures that the data it collects are:
   a) processed lawfully, fairly and in a transparent manner for the data subject;
   b) collected for specified, explicit and legitimate purposes and not further processed in a way incompatible with those purposes;
   c) adequate, relevant and limited to what is necessary for the purposes for which they are processed;
   d) correct and updated when necessary;
   e) kept in a form which permits identification of the data subject for no longer than is necessary for the purposes for which the data are processed;
   f) processed in a manner which ensures appropriate security, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, by means of appropriate technical or organisational measures.

4. The data controller has appointed a Data Protection Officer, who can be contacted regarding data protection using the form: https://diag.pl/pacjent/kontakt/daneosobowe/.

5.  The Site Owner collects the personal data of Users:
a) as part of the services indicated in Art. 7 above under the Terms and Conditions indicated in Art. 7,
b) by means of contact forms (hereinafter the Contact Form),
c) collects information about each person visiting the Site (cookies) that enables identification of the browser or device of the person visiting the Site, the information used by the User and Server Logs.
6. The personal data of Users collected under paragraph 5(b) above are:
– processed to answer the submitted question–
required to send the answer and will be processed for the period necessary for answering the question and will then be deleted.
7. The personal data of Users may also be processed by the Site Owner for statistical and archiving purposes and for pursuing claims related to the fulfilment of orders placed through the Site.
8. Cookies will be stored until the settings have been changed, as described in paragraph 4(II).

9. The controller will process the Users’ personal data in an automated manner in order to send personalised information on preventive healthcare, prevention campaigns and test packages. The User may contact the Data Protection Officer about the processing of their personal data via the contact form available at https://diag.pl/pacjent/kontakt/daneosobowe/ and also has the right to notify the supervisory authority if the processing of their personal data is unlawful.

10. The User has the right to access and correct their data, as well as the right to erasure, restriction of processing, objection, and complaint with a data protection supervisory authority if they consider that the processing does not comply with applicable data protection laws.

11. Users’ personal data are transferred to entities providing maintenance services of the software used by the Site and to the entity providing hosting services.

12. Personal data are not transferred to a third country.

13. The data of Users (computer IP address) navigating on the Site may be subject to profiling for marketing purposes, provided that the User consents:

a) (under Article 6(1)(a) GDPR) to the processing of personal data indicated in the form and profiling,

b) to receive information from the Service Provider by electronic means concerning offers of cooperation regarding laboratory diagnostics to the email address or telephone number indicated in the form, i.e. through explicit consent indicated in the message displayed on the Site.

The User may revoke consent at any time by emailing dane.marketing@diag.pl, but this does not affect the lawfulness of profiling for marketing purposes prior to revocation. Failure to consent to profiling for marketing purposes does not restrict the use of the Site.

14. Some information (cookies), depending on their content, may be linked to a specific person (attributed to certain behaviour, e.g. when registering on the e-Store).

15. The controller fulfils the information obligation under the Terms and Conditions indicated in Art. 7 or by providing information next to the Contact Form.
The User remains anonymous until they use the Services indicated in Art. 7 or fill in the contact form on the Site.

 II.  Information on Cookies

1. Web browsing software (web browser):
   a) by default allows the storage of cookies on the User’s terminal equipment: it is required for the correct operation of the Site, marketing and analytical services,
   b) by default allows the storage of cookies on the User’s terminal equipment: it is required for the correct operation of the Site (loading of the Google Tag Manager, which mediates the collection of marketing and analytical cookies, and cookies necessary to maintain user session variables),
   c) the User may consent to the marketing and analytical cookies indicated in point 7. Section II of the Privacy Policy (without consent, cookies will not be collected).
2. Site Users can change their cookie settings on www.grupadiagnostyka.pl by selecting the “Cookies” option (in the website’s footer). The Site allows the deletion and automatic blocking of cookies. Detailed information on this can be found in the help or documentation of the web browser and paragraph 4. Blocking the cookies indicated in paragraph 2(a) will render the use of the Site impossible.
3. The Site Users may change settings in this respect. The web browser makes it possible to delete cookies. It is also possible to automatically block cookies. For more details, please refer to the web browser’s help or documentation.
4. To revoke your consent to the collection of cookies:
   – in Internet Explorer, select “Tools/Internet Options” from the main menu, and then in the “Privacy” section, select “Advanced” and disable cookies.
   – in Mozilla Firefox, select “Tools” from the menu, then “Options”, and set the privacy level in the “Privacy” section.
   – in Opera, select “Tools” from the menu, then “Preferences” “Advanced”, and “Cookies”.
   – in Google Chrome, from the menu on the right, select “Options” and then “Advanced” and “Cookies settings”.5
5. Changing the settings as set out in paragraphs 3 and 4 implies the User does not consent to the storage of cookies, which does not apply to cookies necessary for authentication processes, security, and to provide access to services, this information is collected on the grounds of the controller’s legitimate interest (Article 6(1)(f) GDPR).
6. The limitation of the use of cookies may affect some of the functions available on the Site.
7. As part of its marketing activities and collection of statistics, the controller uses the services of external parties. With regard to the information on user preferences collected by external entities, the User can view and edit the information resulting from cookies using the following tools:

a) https://www.salesmanago.pl/terms – for Benhauer Sp. z o.o.,

b) https://freshmail.pl/regulamin-serwisu/, https://freshmail.pl/polityka-prywatnosci/ – for Freshmail Sp. z o.o.

c) https://policies.google.com/privacy?hl=pl – for Google

d) https://admetrics.pl/polityka-prywatnosci/ – for Admetrics

e) https://pl.tradingview.com/policies/ , https://pl.tradingview.com/privacy-policy/, https://pl.tradingview.com/cookies-policy/ – dla Tradingview

III. Server Logs

1. Information about certain behaviours of Users is subject to logging in the server layer. The data are used solely to administer the Site and to ensure the most efficient operation of the hosting services provided.
   
2. The browsed resources are identified by URLs. In addition, the following may be stored:
   – the time of the request,
   – the time of the response,
   – the name of the client station – identification via the HTTP protocol,
   – information about errors during the HTTP transaction,
   – the URL of the page previously visited by the User (referer link) – if the Site was accessed via a link,
   – information about the User’s browser,
   – IP address.
3. The aforementioned data are not associated with individual visitors.
4. The above data are used only for server administration purposes.

Art. 9 Final Provisions

1. The Owner makes every effort to ensure the proper functioning of the website but does not guarantee that the website will operate without failure or interruption.
2. Users may report any concerns regarding the operation of the website to the Owner by sending an email to lab@diag.pl.
3. The Owner reserves the right to change these Terms and Conditions for good cause and will notify Users of any change 14 days before the change is made.