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PRIVACY POLICY MOCNIPOMOCNI

Thank you for using the products and services of Fundacja MOCni PoMOCni, Inc. (“Fundacja MOCni PoMOCni”). This Privacy Policy (the “Policy”) is here to explain how we collect and use certain information form you when you use our products, services or website. By continuing to use our products, services and website you give us consent to collect and use your information as described below. If you do not consent, you are prohibited from using our products, services and website.

What Information is Collected. We will have access to the information you voluntarily provide to us. Such information may include your email.

We do not knowingly collect personal information from children under the age of thirteen.

Use of Information Collected. We will only use your personal information for the purposes for which it was collected, unless we reasonably consider that we need to use it for another reason that is compatible with the original purpose.  If we need to use your personal information for an unrelated purpose, we will notify you and explain the legal basis which allows us to do so. We may use the information we collect from you for the following:

• to facilitate Fundacja MOCni PoMOCni’s products and services, and storage of any personal information contained within mobile devices and the Product (if such storage is requested by End User).

• to personalize the content and services provided to you.

• to inform you of any maintenance or upgrades we may perform.

• to inform you of any new products and services, versions, services, features or promotions.

• to inform you of the best way to optimize your use of our services and website.

• to optimize the functionality of our services and website.

• to improve our understanding of customers’ needs.

Sharing of Information. We may disclose your personal information to the following categories of recipients:

• to Fundacja MOCni PoMOCni’s group companies, professional advisers, third party services providers and partners who provide data processing services to Fundacja MOCni PoMOCni (for example, to support the delivery of, provide functionality on, or help to enhance the security of Fundacja MOCni PoMOCni website(s)), or who otherwise process personal information for purposes that are described in Privacy Notices or notified to you when Fundacja MOCni PoMOCni collects your personal information. 

• to any competent law enforcement body, regulatory, government agency, court or other third party where Fundacja MOCni PoMOCni believes disclosure is necessary (a) as a matter of applicable law or regulation, (b) to exercise, establish or defend its legal rights, or (c) to protect your vital interests or those of any other person.

• to any other person with your consent to the disclosure.

Third Party Websites. We are not responsible for the use or misuse of any information that you may provide to third party websites to which we may provide a link. We do not control such third party websites, including the methods by which they collect information or how they use such collected information. You should independently review the privacy policies of such third party websites.

Protection. We use various administrative, technical, procedural and physical measures to protect the information we collect against theft, unauthorized use, disclosure or modification, such as storing it on secure servers that only select Fundacja MOCni PoMOCni personnel have access to, and by encrypting it to help prevent access by any unauthorized parties. We have put in place procedures to deal with any personal information breach and will notify you and any applicable regulator of a breach when legally required to do so. To better protect this information you should not share your login or account information with anyone other than authorized persons.

All companies and individuals we employ or may employ to perform various functions on our behalf are required to protect the information in a manner that is consistent with this Policy.

Sharing Information. We will not share your personal information with (or sell it to) anyone except (a) our service providers or subcontractors with whom we deal in connection with providing, modifying, operating or updating the products and services, and in such cases, only for those purposes, (b) to comply with the law or in response to a subpoena, court order, government request, law enforcement request or other legal process, (c) to protect our interests, rights, safety, or property, (d) to protect the interests, rights, safety, or property of our contributors, affiliates, partners, or licensors, and (e) to enforce our End User Terms, our contractual rights, or this Policy.

Your Data Protection Rights. If your personal information is protected by EU data protection law, you have the following data protection rights which you may be able to exercise by contacting Fundacja MOCni PoMOCni using the contact details provided under the “Contact Details” heading below and in the right-hand side column:

• If you wish to access, correct, update or request deletion of your personal information, you can do so at any time by contacting Fundacja MOCni PoMOCni. 

• In addition, you can object to processing of your personal information, ask Fundacja MOCni PoMOCni to restrict processing of your personal information or request portability of your personal information by contacting Fundacja MOCni PoMOCni.

• You have the right to opt-out of marketing communications that Fundacja MOCni PoMOCni sends you at any time.  You can exercise this right by clicking on the “unsubscribe” or “opt-out” link in the marketing emails Fundacja MOCni PoMOCni sends you or by using the relevant opt-out mechanism for non-email based marketing.

• Similarly, if Fundacja MOCni PoMOCni has collected and processes your personal information based on your consent, then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing Fundacja MOCni PoMOCni conducted prior to your withdrawal, nor will it affect processing of your personal information conducted in reliance on lawful processing grounds other than consent.

• You have the right to complain to a data protection authority about Fundacja MOCni PoMOCni’s collection and use of your personal information. For more information, please contact your local data protection authority.

You will not have to pay a fee to access your personal information (or to exercise any of the other rights). However, Fundacja MOCni PoMOCni may charge a reasonable fee or refuse to comply with your request if your request is clearly unfounded, repetitive or excessive. Fundacja MOCni PoMOCni tries to respond to all legitimate requests within one month. Occasionally, it may take longer if your request is particularly complex or you have made a number of requests. In this case, Fundacja MOCni PoMOCni will notify you and keep you updated.

Amendment of Modification of Policy. We reserve the right to change, amend or modify the terms of this Policy, with or without prior notice. We will make reasonable efforts to notify you of any change in this Policy that may require your consent under applicable data protection standards. Your continued use of our products, services and website constitutes your acceptance of those changes. All changes, amendments or modifications to the Policy will be posted here. Please return to this website at regular intervals to see whether the Policy has been changed, amended or modified.

Contact Details. It is important that the personal information we hold about you is accurate and current. Please keep us informed if your personal information changes during your relationship with us. Additionally, if you have any questions about this Policy, the practices of Fundacja MOCni PoMOCni or your interaction with Fundacja MOCni PoMOCni, please contact:

FUNDACJA MOCNI POMOCNI
(Address)
NIP: 7651699803; REGON: 387886430
E: biuro@mocnipomocni.org 

Last Updated: April 29, 2024

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END USER TERMS FOR MOCNIPOMOCNI

1. Acceptance of the End User Terms. By using the Application (defined below) you confirm your acceptance of these end user terms for the Mocni Pomocni application (“End User Terms”). Fundacja MOCni PoMOCni, Inc. (“Fundacja MOCni PoMOCni”) reserves, and shall have, the right to amend, remove, or add to the End User Terms at any time. Your access, link to, or use of the Application, after the effective date of the amended End User Terms will constitute your acceptance of the End User Terms, as amended.

2. Description of Application and License. Fundacja MOCni PoMOCni  makes available (via application store platforms) an application consisting of tools and other materials to help monitoring and tracking the progress of mentoring kids from Foster Homes across Poland (the “Application”). You acquire no rights in the Application other than the limited right to utilize the Application in accordance with these End User Terms. Fundacja MOCni PoMOCni grants you a limited, non-exclusive and non-transferable license to download, install use the Application and related documentation for personal use pursuant to these End User Terms. 

3. Collection and Use of Your Information. You acknowledge that when you download, install, or use the Application, Fundacja MOCni PoMOCni may use automatic means (including, for example, cookies and web beacons) to collect information about you, your device and about your use of the Application. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the Application or certain of its features or functionality, and the Application may provide you with opportunities to share information about yourself with others. All information we collect through or in connection with this Application is subject to our Privacy Policy set out in these terms. By downloading, installing, using, and providing information to or through this Application, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

4. Use of Application and Restrictions on Use. You may not use the Application for any illegal purpose, for the facilitation of the violation of any law or regulation, or in any manner inconsistent with these End User Terms. You agree to use the Application solely for your own use and benefit, and not for resale, sublicense, lease, loan, supply, publish or other transfer or distribute to, or use by or for the benefit of, any other person or entity. Except as expressly permitted by us in writing you may not copy, reproduce, recompile, decompile, disassemble, reverse engineer, distribute, publish, display, perform, modify, upload to, create derivative works from, transmit, transfer, sell, license, upload, edit post, frame, link, or in any way exploit any part of the Application, except that you may download material from the Application and/or make one print copy for your own personal use, provided that you retain all copyright and other proprietary notices.

5. Updates. Fundacja MOCni PoMOCni may from time to time in its sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that Fundacja MOCni PoMOCni has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your device settings, when your device is connected to the internet either (a) the Application will automatically download and install all available Updates, or (b) you may receive notice of or be prompted to download and install available Updates. You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of these End User Terms.

6. Indemnity. You agree to defend, indemnify and hold harmless, Fundacja MOCni PoMOCni and affiliates together with their respective employees, agents, directors, officers and shareholders, from and against all the liabilities, claims, damages and expenses, including reasonable attorneys’ fees and costs, arising out of your use of the Application, any breach or alleged breach of the End User Terms or any infringement of the copyright, trademark, service marks, proprietary or other rights of any third parties to the extent that the liability, claims, damages and expenses are a result of negligence or willful misconduct on your part. 

8. Proprietary Rights. You acknowledge and agree that the Application and any software used in connection with the Application contain proprietary and confidential information belonging to Fundacja MOCni PoMOCni or its licensors and is protected by applicable laws. If you provide feedback related to Application, such feedback shall be considered the property of Fundacja MOCni PoMOCni and may be used by Fundacja MOCni PoMOCni for any purpose without compensation to you. You further agree not to use the Application or Third Party Content in any way which may cause any kind of damage to Fundacja MOCni PoMOCni or infringe on the intellectual property rights of content owners. All rights are reserved. All other trademarks which you may encounter while using the Application are the property of their respective owners. The license granted hereunder does not include any rights to use Fundacja MOCni PoMOCni’s name, logo or marks. 

9. Disclaimer. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

• YOUR USE OF THE APPLICATION IS AT YOUR SOLE RISK AND ACKNOWLEDGE THAT THE APPLICATION, INCLUDING, BUT NOT LIMITED TO, CONTENT, APPLICATION, GOODS, OR REPRESENTATIONS ARE PROVIDED “AS IS” AND “AS AVAILABLE”. YOU FURTHER AGREE THAT FUNDACJA MOCNI POMOCNI MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SERVICE, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY, NON-INFRINGEMENT, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE OR USE. 

 

• FUNDACJA MOCNI POMOCNI MAKES NO WARRANTY THAT (a) THE APPLICATION WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (b) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE APPLICATION WILL BE ACCURATE OR RELIABLE, (c) THE QUALITY OF ANY APPLICATION, PRODUCT, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE APPLICATION WILL MEET YOUR EXPECTATIONS, OR (d) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

 

• ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE APPLICATIONIS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

 

• NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FUNDACJA MOCNI POMOCNI OR THROUGH OR FROM THE APPLICATION SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE END USER TERMS.

10. Limitation of Liability. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAWS, NEITHER PARTY HERETO, NOR ITS RESPECTIVE SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL BE LIABLE TO THE OTHER PARTY HERETO, OR ANY THIRD PARTY, FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, EVEN IF SUCH DAMAGES ARE REASONABLY FORESEEABLE OR SUCH PARTY OTHERWISE WAS INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES RESULTING FROM ANY USE OF THIS SITE AND APPLICATION. EXCEPT FOR THE INDEMNIFICATION IN SECTION 7 (INDEMNITY), NEITHER FUNDACJA MOCNI POMOCNI NOR YOU SHALL BE LIABLE FOR DAMAGES IN EXCESS OF, AND LIABILITY SHALL BE LIMITED TO, USD $100. 

11. Termination. You agree that Fundacja MOCni PoMOCni, in its sole discretion, may terminate, change or limit all or any of the Application, or their availability to you, notice at any time and without prior notice, with or without cause. You agree that you may terminate the agreement for convenience at any time without prior written notice, with or without cause. 

12. Force Majeure. Fundacja MOCni PoMOCni shall not be liable hereunder for any failure or delay in the performance of its obligations under these End User Terms if such failure or delay is on account of causes beyond its control, including labor disputes, civil commotion, war, fires, floods, inclement weather, governmental regulations or controls, casualty, government authority, strikes, or acts of God, in which event Fundacja MOCni PoMOCni shall be excused from its obligations for the period of the delay and for a reasonable time thereafter. 

13. Import/Export Restrictions. You agree not to import or export the Application in violation of any applicable laws or regulations of Poland or the country to which you have imported or exported. You agree to indemnify Fundacja MOCni PoMOCni from liability if you violate any such laws or regulations.