CONSORFRUT FAN PAGE TERMS AND CONDITIONS
§ 1
General Provisions
1. The purpose of the “Consorfrut” Fan Page is to bring together the community of people interested in the Consorfrut brand, the events, products and services of Consorfrut, and in the distribution and promotion of the related information.
2. The “Consorfrut” Fan Page operates in accordance with the rules set out in these Terms and Conditions and the provisions of applicable law, in particular the GDPR and Polish national legislation on the protection of personal data.
3. The Users who wish to use the “Consorfrut” Fan Page are obliged to comply with the provisions of these Terms and Conditions and read them before beginning to use the “Consorfrut” Fan Page.
4. For the purposes of these Terms and Conditions, the following definitions are hereby introduced:
a) Administrator, Consorfrut – Consorfrut Polska spółka z ograniczoną odpowiedzialnością with its registered office in Krakow, ul. Christo Botewa 4, 30-798 Krakow, entered in the register of entrepreneurs maintained by the District Court for Krakow–Śródmieście in Krakow, 11th Commercial Division of the National Court Register, under KRS No.: 0000205046, REGON (Statistical Identification Number): 356817366, NIP (Tax Identification Number): 6792797252, a share capital of PLN 400000 (paid-in capital of PLN 400000),
b) “Consorfrut” Fan Page – a page on Facebook designed to promote and advertise Consorfrut's own products and services and enable its communication with the Users,
c) User – an natural person, legal person or organisational unit without legal personality who visits and uses the Fan Page, in particular by using the “Like” or “follow” function, by adding own content (comments, posts) on the Fan Page, as well as by using Messenger.
d) GDPR – 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 (General Data Protection Regulation) (Official Journal of the European Union L 2016 No. 119, p. 1),
e) Facebook – a social network whose Terms and Conditions and information on the processing of personal data can be found at the following link: https://www.facebook.com/privacy/policy.
5. The “Consorfrut” Fan Page is operated by the Administrator. However, at the same time, the “Consorfrut” Fan Page is hosted on Facebook, which is administered by another entity – Meta Platforms Ireland Limited, ATTN: Privacy Operations, Merrion Road, Dublin 4 (see: https://www.facebook.com/privacy/policy), which means that the Administrator has limited abilities as regards the management and administration of the Fan Page.
§ 2
Terms of Use of the “Consorfrut” Fan Page
1. When using the “Consorfrut” Fan Page, the User shall respect the law, including intellectual property rights. This applies in particular to posts, files, comments or other content posted by the User. The User shall bear full liability in this respect, including for any infringement of third party rights.
2. All content posted on the Fan Page by Consorfrut is protected under the Copyright and Related Rights Act and is the property of the Administrator. The infringement thereof may result in civil or criminal liability.
3. The User shall not:
a) post any content that violates the law, commonly accepted good practice and morality, ethical principles of Consorfrut, or rules of social coexistence,
b) place links to sites that are not thematically related to the “Consorfrut” Fan Page, including links to other groups/fan pages on Facebook,
c) upload material or advertisements for profit or commercial purposes,
d) use terms commonly regarded as vulgar or offensive, racist, xenophobic, etc.,
e) violate the personal rights of other Users.
4. For the sake of privacy protection, the Users are requested not to publish sensitive data, such as PESEL numbers, ID card numbers or personal bank account numbers. Due to the possibility of fraudulent use of personal data, we recommend extreme caution when publishing such information.
5. In the case of violation of the rules for using the Fan Page by the User, or violation of the law or good practice and morality by the User, the Administrator may block the User. The Administrator may also remove content that is offensive, violates the law, ethical principles of Consorfrut, or rules of social coexistence.
6. Liability for the acts and omissions of the Administrator towards the User and third parties in connection with the use of the “Consorfrut” Fan Page is excluded, unless such liability cannot be excluded under the applicable law.
§ 3
The Rules Concerning Personal Data Protection
1. By selecting the option “Like!”, “Follow” the User agrees to the processing of his/her personal data posted on Facebook for the purpose of the active use of the „Consorfrut” Fan Page. That consent may be withdrawn at any time and the posts may be deleted.
2. The controller of the Users’ personal data is: Consorfrut Polska spółka z ograniczoną odpowiedzialnością with its registered office in Krakow, ul. Christo Botewa 4, 30-798 Krakow, entered in the register of entrepreneurs maintained by the District Court for Krakow–Śródmieście in Krakow, 11th Commercial Division of the National Court Register, under KRS No.: 0000205046, REGON (Statistical Identification Number): 356817366, NIP (Tax Identification Number): 6792797252, a share capital of PLN 400000 (paid-in capital of PLN 400000). At the same time, the current administrator of Facebook (Meta Platforms Ireland Limited, ATTN: Privacy Operations, Merrion Road, Dublin 4) is also the controller of the Users' personal data, as an entity co-responsible for the processing of data of all users of the network, including those using the Consorfrut Fan Page. Therefore, Consorfrut's ability to control data on the Fan Page is inherently limited.
3. The User may contact the Controller of personal data by e-mail at: odo@consorfrut.pl; by telephone at +48 12 342 01 00; or in writing at the address of our registered office.
4. The Users' personal data shall be processed for the purposes relating to Fan Page administration, including but not limited to: promotion and advertising of Consorfrut's products and services, provision of information on Consorfrut's products and services, competitions or promotional campaigns, planned events, coverage of company events, replying to posts, comments or private messages; for statistical purposes (through the analysis of data regarding the Fan Page users' activity).
5. The Users' personal data shall be processed on the following legal bases:
- Article 6(1)(f) of GDPR – the Administrator's legitimate interests, which include in particular the possibility of running and managing the Fan Page, promotional purposes, and direct marketing of its own products and services, communication with the Users;
- Article 6(1)(f) of GDPR – the Administrator's legitimate interests, which are the analytics and monitoring activities concerning social media and opinions about our products and services (e.g. number of clicks, searches, etc.) – carried out for the purpose of analysing the perception of Consorfrut on social media, evaluating the conducted marketing activities, and identifying the available methods of improving them;
- Article 6(1)(a) of GDPR – the consent given in accordance with paragraph 1, see above;
- Article 6(1)(b) of GDPR – regarding the relationship as to the possibility/willingness to establish cooperation and to determine the terms and conditions thereof.
6. Due to the fact that the Fan Page is run via Facebook, the Users’ data may be accessed by the administrator of Facebook as well as (to the extent that data are included, e.g., in posts or comments) by other users of Facebook. The information contained in the User's profile and the activities resulting from its use are directly controlled by Facebook.
7. The Users’ activity relating to the use of the Fan Page is not archived outside of Facebook. In the case of commercial correspondence, the User may be asked, for data security purposes, to continue the correspondence by electronic mail with Consorfrut.
8. The Administrator has no control over what data are collected by the provider of the plugins or social media pages and how they are processed. For information on the purpose and scope of the collection of data, including cookies used there, their further processing and use by external providers, as well as the Users' rights and the options of privacy settings of those providers, the Users can consult the data protection notice of the Facebook administrator:
https://www.facebook.com/privacy/policy/?section_id=4-HowDoWeShare.
9. In connection with the operation of the Fan Page, the Administrator processes the personal data of:
a) persons who have subscribed by clicking “Like” or “Follow”;
b) persons who have reacted to posts published on the “Consorfrut” Fan Page or published a comment;
c) persons who have sent a request via a private message on Messenger;
d) visitors to the „Consorfrut” Fan Page.
10. The following types of personal data are processed: your Facebook ID (e.g. including your name or nickname); your image in your profile picture or other photographs; the content of your comments/posts and the content of your conversations via Messenger.
11. The provision of personal data is voluntary, but necessary for active use of the Fan Page.
12. The recipients of the Users' personal data include Meta Platforms Ireland Limited, the employees and collaborators of the Administrator, and entities assisting the Administrator in its business activities. Due to the nature of Facebook's operations, personal data may be made available to companies from the corporate group of the operator of that network (see: https://www.facebook.com/privacy/policy/?section_id=4-HowDoWeShare). Potentially, the data may also be made available to public authorities, if such an obligation is imposed on the Administrator under the applicable law.
4. The period of data processing depends on the purpose of and basis for the processing, i.e.:
a) data processed on the basis of the legitimate interest of the Administrator shall be processed until the User effectively raises an objection or the purpose of the processing ceases to exist, e.g. until claims become time-barred (except for statistical data to which the Administrator has access for a period of 3 years);
b) data processed for the purpose of fulfilling obligations arising from legal regulations – for the period resulting from those regulations;
c) The User may stop following the Consorfrut Fan Page at any time, as well as delete the comments published by him/her.
13. If the processing is based on Consorfrut's legitimate interest, the User may also object to the processing of personal data on the grounds of his/her particular situation.
14. The User may object at any time, without providing the grounds therefor, to the processing of data for direct marketing purposes.
15. The User has the right to access, rectify, erase, or restrict processing of, his/her personal data, as well as the right to data portability under the terms set out in the GDPR (Articles 15-18, 20-21).
16. The Administrator itself has no plans to directly transfer data to third countries (i.e. outside the European Economic Area, EEA) or to international organisations. However, the characteristics of Facebook's operation and its international nature mean that a transfer of data outside the EEA is potentially possible. Such transfers are based on the mechanisms used by the administrator of the network for global data transfers (https://mbasic.facebook.com/privacy/policy/printable/#9, paragraph 80).
17. No automated decision-making by the Administrator, including profiling, shall occur in the course of the processing.
18. The User has the right to lodge a complaint with the supervisory authority for the processing of personal data, i.e. the President of the Personal Data Protection Office.
19. Matters not covered by these Terms and Conditions shall be governed by the Facebook Terms and Conditions: https://www.facebook.com/privacy/policy.
§ 4 Final Provisions
1. The Administrator shall have the right to close the “Consorfrut” Fan Page and terminate its existence at any time. In such an event all personal data of the Users shall be deleted, unless the legitimate interest of the Administrator, in particular the pursuance of claims, is the basis for their further processing.
2. The use of the “Consorfrut” Fan Page shall be subject to Polish law and the jurisdiction of Polish courts. Matters not regulated in these Terms and Conditions shall be governed by the provisions of the Civil Code and other applicable provisions of Polish law.
3. If any provision of these Terms and Conditions is invalid, the remaining lawful provisions shall continue to apply. The invalidated provision shall be replaced with another one, as similar as the law permits.
