Terms Of Use

These Terms of Use define the legal framework for the use of the Marketingmatic, a marketing automation system.


§ 1. Definitions

1. Terms of Use – these terms of use
2. Marketingmatic – Online Marketing Automation Application
3. User – you, provided you have the legal capacity to form a legal contract (you are an adult) or are a minor over the age of 13 and have accepted these Terms of Use.
4. User’s Account – account enabling the use of the Service understood as the use of a fully paid package.
5. Services – electronic services within the meaning of the Electronic Provision of Services Act of 18 July 2002 (Journal of Laws of 9 September 2002) available through user accounts.
6. Website – (www page) a document developed in one of SGML language types (HTML, XML, PHP) downloaded from an Internet server and interpreted by the User by means of a browser (one www. address).
7. The Operator – Benhauer Sp. z o.o. Sp. K. Adress, ul. Krupnicza 3/2, 31-123 Kraków, POLAND Tax Identification Number: 676 244 77 54. REGON: 122334666


§2. Declarations of the Operator and the System User

1. The Operator shall have the right to block access to the account of any user infringing any provisions contained herein as well as to terminate the agreement concluded by accepting these Terms of Service.
2. The Operator shall have the right to block access to the account of any user violating generally accepted norms and rules governing the use of services of this kind..
3. The Operator will make every effort to ensure the highest possible standard of services available within Marketingmatic System. In the event of temporary or prolonged interruption in service for any reasons, the Operator shall be excluded from any liability for any material or moral damage resulting from the Service being unavailable..


§3. Operator’s rights and obligations

1. The Operator shall have the right to block access to the account of any user infringing any provisions contained herein as well as to terminate the agreement concluded by accepting these Terms of Service.
2. The Operator shall have the right to block access to the account of any user violating generally accepted norms and rules governing the use of services of this kind.
3. The Operator will make every effort to ensure the highest possible standard of services available within Marketingmatic System. In the event of temporary or prolonged interruption in service for any reasons, the Operator shall be excluded from any liability for any material or moral damage resulting from the Service being unavailable.


§4. Registration and acceptance of the Terms of Use

1. User registration and acceptance of terms and conditions are required for the use of the system.
2. All prices are available on the homepage and subpages of the system
3. By accepting these Terms of Use the User acknowledges that:
   a. all details entered in the registration form are complete, true and correct,
   b. he has given consent for his personal data to be processed by the Operator,
   c. he has given the Operator his express consent to make use of his personal data for administration, statistics or marketing purposes, in accordance with the Personal Data Protection Act of 29.08.1997 as amended (Journal of Laws of 2002, no 101, item 926 as amended), including his consent to receive commercial information delivered by the Operator to the e-mail address or mobile phone submitted during registration, in accordance with provisions of the Electronic Provision of Services Act of 18 July 2002 (Journal of Laws of 2002, no 144, item 1204),


§5. Complaints procedure

1. User complaints regarding the Operator’s failure to perform provisions of the Contract or his undue performance of any contractual provisions shall be sent to the Operator electronically at the following address: info@marketingmatic.com and should contain in particular:
   a. User’s contact data
   b. reasons for submitting the complaint
   c. description of circumstances forming the basis of the User’s complaint.


§6. User’s obligations

1. The User shall be obligated to:
   a. notify the Operator of any changes to data required for billing and other settlements subject to effective delivery of any relevant e-mail messages to a non-updated address,
   b. observe these Terms of Use,
   c. observe generally applicable legal provisions,
   d. observe any rights of third parties.


§7. Technical and content-related limitations

1. The Operator excludes its liability for any delays in service operation due to circumstances beyond his control, these being in particular delays resulting from technical problems of the Internet network or telecommunications links and thus no availability or applicability parameters can be guaranteed.
2. The Operator excludes his liability for:
   a. any damage related to third party interference, faulty operation of external factors or other systems (e.g. telecommunications grids) beyond the Operator’s control,
   b. any damage resulting from the occurrence of force majeure ,
   c. any damage resulting from unauthorised access to the User’s Account or Profile resulting from your negligence,
   d. any damage resulting from the User’s failure to observe these Terms of Use,
   e. any damage resulting from incorrect transfer of data within the system, incorrect record or receipt of messages as well as any loss of data contained in transferred messages.
   f. damage to the User resulting from risk factors characteristic of the Internet, including system attacks or the User’s system becoming infected with malicious software.
3. The Operator reserves the right to periodically disrupt the availability of the Service for the purpose of its expansion or maintenance, immediately terminate the provision of services should the User breach these Terms of Use, change Account or User Profile parameters, including Service features and functionalities, terminate provision of services at any time, by closing the entire Service or any of its parts, subject to prior placement of relevant notification on the Service website.


§8. Confidentiality

1. The Operator can disclose personal data of the System Users in circumstances provided for in the Personal Data Protection Act of 29.08.1997 as amended (Journal of Laws of 2002 no. 101, item 926 as amended).
2. The User Account Database is protected by law. Personal data stored in this database is administered by the Operator. Each User shall have the right to:
   a. access their data processed by the Operator,
   b. amend any such data,
   c. request that personal data processing be terminated by removing any such data from the User Account Database.
3. The Operator shall exercise due diligence when securing the confidentiality of any and all data received from the User, regarding any business partners and contractors of the User as well as any campaigns launched by the User by means of the Marketingmatic System.
4. The above-mentioned confidentiality requirement does not cover situations in which:
   a. the data is commonly known,
   b. the data have been disclosed with the User’s consent
   c. the data have been disclosed upon receiving a relevant request from an official body, subject to any applicable legal provisions.


§9. Final provisions

1. By accepting these Terms of Use the User enters into an agreement with the Operator,
2. Any matters outside the scope of these Terms of Use shall be subject to relevant provisions of the Civil Code and other Polish law.
3. With regard to any disputes arising in connection with the Service, the parties undertake to resolve any such disputes amicably and with due respect to the interests of the other party.
4. If you wish to cancel your account please send e-mail to info@marketingmatic.com and we will delete it with all the data you have gathered.
5. Marketingmatic users are required to keep track of any changes to these Terms of Use available at www.marketingmatic.com


§10. Privacy

1. Cookies are required to use Marketingmatic website. We use them to assist in delivering personalized user experience and to provide you easy access to your account
2. We implemented necessary processes and measures to maintain security of data. Each user should protect its username and login / password details and we have located our servers in data centre in protected area, with firewalls and other security technologies to help safeguard unauthorized access. We use SSL encryption, but remember that no method of electronic transmission or storage is completely secure.