Bitfold AG Newsletter Terms and Conditions

I. DEFINITIONS

1. Consumer/Service User – an individual who has concluded an Agreement with the Service Provider for purposes that are not directly related to its business/professional activity.

2. Digital content – data generated and delivered in digital form (e-book, other materials in PDF, audio or video form).

3. Agreement – Agreement with the Service Provider for access to the Newsletter, including the provision of a digital service or digital content.

4. Service – a digital service or digital content or goods with digital elements.

5. Service Provider/Bitfold AG– Bitfold AG (AG – Aktiengeselleschaft) – a joint-stock company under Swiss law, registered in accordance with the laws of the Swiss Confederation, identification number CHE-266.860.023, at the address: Mühlegasse 18, 6340 Baar, Canton of Zug, Switzerland, e-mail: office@bitfold.com.

6. Digital service – a service that allows the generation, processing, storage or access to data in digital form or a service that allows for the joint use of data in digital form that has been sent or generated by the Consumer or other users of this service or other forms of interaction using such data.

II. THE KEY INFORMATION ABOUT THE SERVICE PROVIDER

Services and digital content provided as part of the Newsletter are provided by Bitfold AG (AG – Aktiengeselleschaft) – a joint-stock company under Swiss law, registered in accordance with the laws of the Swiss Confederation, identification number CHE-266.860.023, at the address: Mühlegasse 18, 6340 Baar, Canton of Zug, Switzerland, e-mail: office@bitfold.com. You can contact the Service Provider by writing to: office@bitofold.com.

III. THE KEY INFORMATION ABOUT THE NEWSLETTER

1. The Newsletter, including digital services and digital content, is sent to the e-mail address indicated by you, which you provide when subscribing to the Newsletter.
2. The Newsletter provides educational content, as well as information about new blog entries, webinars, special offers, promotions, bonuses, free and paid events, training, materials shared in social media and other marketing or commercial information about products and services offered or promoted by the Service Provider.
3. If digital content is made available as part of the Newsletter (e.g. e-book, audio or video recording), you can access it in the manner indicated in the e-mail (e.g. by clicking the active link provided in the e-mail or downloading the attachment attached to the message).
4. The frequency of sharing content as part of the Newsletter is a maximum of 2 times a month, excluding special occasions.
5. E-mail programs often consider messages sent from mailing programs as spam, therefore, for the proper performance of the Service, it is recommended to add the e-mail address of the Service Provider (biuro@bitfold.com) to the list of trusted recipients.

IV. RULES FOR CONCLUDING THE AGREEMENT AND OBTAINING ACCESS TO THE NEWSLETTER

1. You can access to the Newsletter for free by subscribing to the Newsletter and providing your e-mail address in the subscription form for marketing or commercial purposes.
2. To subscribe to the Newsletter and access a digital service or digital content:

a) read the Bitfold AG Newsletter Terms And Conditions;
b) provide your e-mail address in the Newsletter subscription form at www.bitfold.com or in the Survey conducted by the Service Provider or via another source, e.g. a landing page provided by the Service Provider.
c) agree to the processing of your personal data (an e-mail address) by Bitfold AG for the purpose of marketing communication or sending commercial information by e-mail;
d) accept the Newsletter Terms and Conditions Bitfold AG and read the Service Provider’s Privacy Policy;
e) confirm the above by clicking “send” or “ok” or the next arrow (depending on where you are signing up from).

3. The Agreement for the provision of the service of access to digital content is concluded for an indefinite period of time at the moment of delivery to the Consumer by the Service Provider of an e-mail confirming the subscription to the Newsletter.
4. Access to the Newsletter, including access to digital services and digital content, is granted immediately after the conclusion of the Agreement, unless the description of the Service states otherwise. If for some reason you do not receive our messages, please contact the Service Provider in the manner indicated in point II.
5. Access to Webinars, as well as other organizational information related to the provision of digital content, are sent to the e-mail address provided by the Service User.
6. As part of Webinars, the Service Provider allows you to participate in “live” online meetings regarding a given thematic scope (hereinafter: Webinars). The topic of a given Webinar is presented by the Service Provider via the Service Provider’s communication channels, i.e. on the Service Provider’s social media, the Service Provider’s website or in an e-mail sent to the Service User.
7. Webinars are conducted online, on the dates specified in the message sent to the e-mail address provided by the Service User or on the dates specified in the Service Provider’s communication channels.
8. Access to webinars outside the dates indicated in the e-mail is additionally possible by playing the recording of individual meetings, if this is provided for in the e-mail sent to the Service User. In such a case, the recordings will be available for playback on the date specified by the Service Provider and under the link sent to the Service User in an e-mail.
9. The Service User may gain access to Webinars (digital content, including video recordings) in the manner indicated in the e-mail sent by the Service Provider (e.g. by clicking on an active link provided in the e-mail or downloading an attachment attached to the message).
10. In order to conduct the Webinar, Bitfold AG may use tools provided by external suppliers. The Service User’s personal data will be made available to suppliers providing services on behalf of or for Bitfold AG as the Personal Data Administrator. In contracts concluded with such suppliers, we require compliance with applicable data protection regulations and, if such an obligation results from mandatory legal provisions, also to other third parties, in particular authorized state authorities, to the extent necessary. Personal data may be made available to other entities only when it is necessary to achieve the processing purposes referred to above, and only to the extent necessary to achieve these purposes. More information on the processing of personal data by the Service Provider can be found in the Bitfold AG Privacy Policy.
11. The Agreement for the provision of the Newsletter access service, including the provision of digital services and digital content, may be terminated immediately. In order to terminate the Agreement, the Consumer should send an e-mail to office@bitfold.com with the content “I resign from the Newsletter” or click on the unsubscribe link: “You may unsubscribe or change your contact details at any time.” placed at the end of the e-mail.

V. TECHNICAL CONDITIONS

1. The public nature of the Internet and the use of services provided electronically may involve the risk of obtaining and modifying your data by unauthorized persons, therefore it is recommended to use appropriate technical measures that will minimize the above-mentioned risks.
2. If you want to subscribe to the Newsletter, you must have a current version of a web browser supported by the manufacturer with Internet access (e.g. Opera, Mozilla Firefox, Google Chrome, Safari) and an active e-mail account.
3. In order to use the Newsletter, including the digital services and content provided therein, it is required to have:

• the current version of the web browser supported by the manufacturer with Internet access (eg Opera, Mozilla Firefox, Google Chrome, Safari);
• an active e-mail account;
• an up-to-date tool/program handling electronic files in formats in which digital content is delivered (eg *.zip, *.pdf, *.mobi, *.pub, *.doc, *.docx, *.xsl).

4. If it is necessary to meet additional technical requirements or update the existing ones in order to use the Newsletter, including the digital services and content provided, the Consumer will be informed about them in an e-mail from the Service Provider in advance.

VI. COMPLAINT

1. If the digital services or digital content provided are inconsistent with the Agreement, you may demand that they be brought into compliance with the Agreement or withdraw from the Agreement.
2. You can submit a complaint by e-mail or in writing to the address provided in point II.2. of the Bitfold AG Newsletter Terms and Conditions.
3. The complaint will be considered within 14 days from the date of delivery by providing a response in paper or via e-mail.
4. The Service Provider may refuse to comply with the Agreement if the method chosen by the Consumer is impossible or would require excessive costs. When assessing the excessiveness of costs, all circumstances of the case are taken into account, in particular the significance of the lack of compliance of the digital content or digital service with the Agreement and the value of the digital content or digital service compliant with the Agreement.
5. Detailed rules for complaints about digital content or digital services are set out in the the polish Act on consumer rights of May 30, 2014.

VII. WITHDRAWAL FROM THE AGREEMENT

1. The Consumer may withdraw from the Agreement within 14 days from the date of its conclusion. In order to exercise the right to withdraw from the Agreement, the Consumer should inform the Service Provider about it by way of a statement, sending e.g. an e-mail or a letter to the address indicated in point II.2. of the Bitfold AG Newsletter Terms and Conditions.
2. The Consumer may withdraw from the Agreement in the event of failure to deliver the digital content or digital service.
3. In the event of withdrawal from the Agreement, the Consumer should refrain from using digital content or digital services and not to make them available to third parties.

VIII. INTELECTUAL PROPERTY RIGHTS AND LICENCES

1. Texts, photos, graphics, multimedia and trademarks made available as part of the Newsletter (hereinafter: “Materials”) are works within the meaning of polish Act on Copyright and Related Rights of February 4, 1994, therefore they are protected by law.
2. The copyrights to the Materials are held by the Service Provider or another entity from which the Service Provider has obtained the appropriate license. The Service Provider may also use the Materials using a different legal basis.
3. The Consumer may use the Materials provided as part of the Newsletter only for his own use. Further dissemination, sharing, ripping and downloading in any way of Materials outside the scope of permitted use is not authorized.
4. In the event of violation of the prohibition referred to above, including copyright infringement, the Service Provider has the right to demand damages or compensation. The Consumer may incur civil or criminal liability.

IX. FINAL PROVISIONS

1. To send the Newsletter, the Service Provider uses its own software or uses the GetResponse program provided by GetResponse Spółka Akcyjna, with its registered office in Gdańsk, al. Grunwaldzka 413, 80-309 Gdańsk, KRS 0000942075, NIP 9581468984. The Service Provider recommends that you read the Privacy Policy available on the GetResponse website.
2. As part of using the Newsletter, including digital services or digital content, it is forbidden to provide unlawful information and act in a manner contrary to the law, decency or in a manner that violates the personal rights of third parties.
3. Personal data provided to the Service Provider by the Consumer will be processed in accordance with the Service Provider’s Privacy Policy.
4. Amicable settlement of disputes and consideration of complaints in the case of a consumer is possible by addressing:

• to a permanent amicable consumer court with a request to settle a dispute arising from the concluded Agreement;
• to the voivodship inspector of the Trade Inspection with a request to initiate mediation proceedings regarding the amicable settlement of the dispute;
• to the municipal consumer rights ombudsman or social organization whose statutory tasks include consumer protection, in order to obtain assistance regarding the Agreement;
• You can also use the ODR platform – it is used to resolve disputes between consumers and entrepreneurs.

5. The Service Provider reserves the right to introduce changes to the Bitfold AG Newsletter Terms and Conditions or important reasons, in particular due to changes in the law to the extent that these changes force the Service Provider to change the content of these Terms and Conditions, in particular changes to the provisions of the Civil Code, the Act on consumer rights, the Act on the provision of electronic services, as well as under applicable decisions of polish or swiss offices: UOKiK, PUODO or court rulings to the extent corresponding to the issued decisions/judgments and in the event of a significant change in business factors. Detailed information on the changes is provided in the polish Act on Consumer Rights of 30 May 2014.
6. These Terms and Conditions apply from 1st October, 2023.

If you subscribed to the Newsletter via a Survey conducted by the Service Provider, we would like to inform you that in order to conduct it, Bitfold AG uses the “TYPEFORM” program provided by TYPEFORM SL based in Spain, at Calle de Pallars 108 (Aticco), 08018 – Barcelona (Spain), C.I.F. (Spanish tax identification number) B65831836. The company is registered in the Commercial Register in Barcelona, page B-421911, folio 145, volume 43262. Your personal data may be transferred outside the European Economic Area. The Service Provider recommends that you read the Privacy Policy available on the Typeform website at the link: https://admin.typeform.com/