Terms of use of the Newsletter – Investor relations

Article 1

These Terms of Use of the Newsletter – Investor Relations service, hereinafter referred to as the “Terms of Use”, specify the rules for provision of this service by 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 KRS number 0000918455, NIP: 675-12-65-009, REGON: 356366975, hereinafter referred to as “Diagnostyka” / “Service Provider”.

 

Article 2

The Newsletter – Investor Relations service consists of Diagnostyka sending information related to the exercise of rights and obligations (including market practices) resulting from listing the Service Provider on the Stock Exchange to the e-mail address provided by the User, hereinafter referred to as “Service” / “Newsletter Service”.

 

Article 3

The Newsletter Service is free.

 

Article 4

1. The Newsletter Service may be used by the Investor and any interested person who enters into a contract with Diagnostyka as described in sections 2 and 3 below, hereinafter referred to as the “User”.
2. The User should select a category at https://grupadiagnostyka.pl/dla-inwestorow/ in the Newsletter section, enter their e-mail address and click the button – “Save”.
3. Diagnostyka will send an activation e-mail to the e-mail address provided by the User. The message will contain a link to the content of the Terms of Use and indicate the following consents:

• I accept the Terms of Use;
• I confirm the provided e-mail address;

Clicking the link in the received e-mail means concluding the Newsletter Service contract and accepting the above consents.

 

Article 5

1. The Newsletter Service contract will be concluded for an indefinite term.
2. Conclusion of the contract for provision of the Newsletter Service shall mean:

• The consent to the processing of the provided e-mail address by Diagnostyka for the purpose of sending information related to the exercise of rights and obligations (including market practices) arising from listing the Service Provider on the Stock Exchange.
• Consent to receive notifications from Diagnostyka by electronic means, at the provided e-mail address, concerning information related to the exercise of rights and obligations (including market practices) arising from listing the Service Provider on the Stock Exchange.

 

Article 6

To properly and uninterruptedly use the Newsletter Service, the User must:
a) have a computer connected to the Internet;
b) have an Internet browser that allows displaying hypertext (HTML) documents linked on the Internet through the www network service on the computer screen;
c) have an e-mail address.

 

Article 7

1. The User has the right to terminate the Newsletter Service contract. The termination shall have immediate effect.
2. The person who concluded the Newsletter Service contract in the manner specified in Article 4 may terminate the Newsletter Service contract by clicking on the “unsubscribe from Newsletter” link which is included in the information sent within the Newsletter Service or by sending an e-mail to ir@diag.pl.

 

Article 8

1. Diagnostyka reserves the right to temporarily suspend access to the Services:

1. for security reasons and any other reasons beyond the control of Diagnostyka;
2. due to the necessity to carry out necessary activities related to the proper functioning, improvement, maintenance or securing of IT systems and power supply, whereby the period of temporary suspension of access will not be longer than the time necessary to remove the arising irregularities.
3. Diagnostyka will not be liable for:
4. faulty operation of the Internet, interferences in the operation of the power grid, defects in data transmission, force majeure events, decisions of public authorities, delays resulting from failures of systems, power supply systems and telecommunication links, which Diagnostyka was not able to foresee with due diligence or could not prevent, unless the problems in the operation of the service have occurred as a result of the action or omission of persons through or with the help of which Diagnostyka performs its obligations towards the Users;
5. the consequences of using the Service contrary to the provisions of these Terms of Use;
6. loss of data by the User caused by circumstances for which Diagnostyka is not responsible, whereby Diagnostyka will be liable if these circumstances have occurred as a result of the action or omission of persons through or with the assistance of whom Diagnostyka performs its obligations to the consumer.
7. The User undertakes to use the Service in a manner consistent with these Terms of Use, legal regulations and best practices and not to take any unlawful actions.

 

Article 9

1. The controller of personal data is Diagnostyka S.A. (KRS 0000918455) ul. Prof. M. Życzkowskiego 16, 31-864 Kraków.
2. The data controller has appointed a Data Protection Officer to supervise compliance with data protection regulations. The Officer can be contacted via the form available at: https://diag.pl/pacjent/kontakt/daneosobowe/.
3. Provision of personal data is voluntary, however, failure to provide data makes it impossible to use the Newsletter Service.
4. Data processing takes place in particular on the basis of freely given consent. If the consent is revoked, the personal data will be deleted. At the same time, revoking consent will result in the termination of the contract and the inability to use the Service.
5. Data processing is carried out on the basis of the concluded contract by accepting the Terms of Use and its conditions. Personal data will be processed until the end of using the Service.
6. Data processing may be carried out on the basis of the controller’s legitimate interest in asserting or defending claims, in which case the data may be processed until the claims expire.
7. Each User has the right to withdraw the consent given by clicking the service unsubscribe link in the message received as part of the Newsletter;
8. The data recipients will be the entities providing the maintenance and upkeep service of the Newsletter applications and the agency providing public relations support.
9. Personal data will not be transferred to third countries.
10. The data subject has the right of access to the content of their data, the right to rectify it, the right to data portability, as well as the right to be forgotten and the right to object when the data is processed on the basis of a legitimate interest of the controller.
11. If the data subject considers that the processing of their data does not comply with current data protection legislation, they will have the right to lodge a complaint with a supervisory authority.

 

Article 9

1. The User has the right to lodge a complaint strictly related to the malfunctioning of the Services.
2. The complaint can be lodged in writing to the address of Diagnostyka’s registered office or to the e-mail address – ir@diag.pl.
3. The complaint should contain at least the following data:

• User identification (including their full name, postal address or e-mail address), the order number;
• indication of the problem in connection with which the complaint is made.

4. The Service Provider will consider the complaint as soon as it is received and will provide information in writing or by e-mail no later than 30 days from the date of complaint receipt.
5. To resolve a dispute arising in connection with the performance of the Services by the Service Provider, the User who is not an entrepreneur has the option to make use of the following forms of assistance before bringing an action in common court:
6. a) use the permanent arbitration consumer court referred to in the Act of 15 December 2000 on Trade Inspection by submitting an application for settlement of a dispute arising from the contract;
   b) apply to the Voivodship Trade Inspector with a request to initiate mediation proceedings with a view to settling the dispute amicably;
   c) seek assistance from a district or municipal consumer advocate or a community organisation whose aim is to protect consumer rights.
7. Detailed information about the User’s options of using out-of-court dispute resolution methods and the availability of the procedures is available in the offices and on the websites of institutions such as the Trade Inspection, district (municipal) consumer advocates, community organisations protecting consumer rights, and the Office for Competition and Consumer Protection.
8. A platform for online dispute resolution between consumers and entrepreneurs at the EU level (ODR platform) is available at http://ec.europa.eu/consumers/odr. The ODR platform is an interactive and multilingual website comprehensively handling matters of consumers and entrepreneurs seeking out-of-court resolution of a dispute concerning contractual obligations arising from an online sales or service contract.

 

Article 10

1. The Newsletter Service will commence as soon as the Newsletter contract is concluded, to which the User hereby agrees.
2. DIAGNOSTYKA reserves the right to amend these Terms of Use in the event of occurrence of at least one of the following important reasons:
   a) change in the profile of the provided services, with a proviso that such changes will not lead to an increase in the burden on Users and will not infringe interests;
   b) change in technical capabilities; and
   c) change in the provisions of law; to the extent that the above events affect the terms and conditions under which Diagnostyka provides the services specified in the Terms of Use or the provisions of the Terms of Use.
3. Users will be bound by the provisions of the new Terms of Use unless they terminate them within 14 days of being notified of the change to the Terms of Use.