Terms and conditions of the KatoKarta - Galeria Katowicka
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Terms and conditions of the KatoKarta

Regulations of the Promotional Programme with Katocard Application of Galeria Katowicka

These Regulations govern the operation of the Promotional Programme with the Katocard Application in Galeria Katowicka Shopping Centre in Katowice.

The Regulations have been drawn up on the basis of universally binding legal regulations within the territory of the Republic of Poland. Participation in the Promotional Programme is conditional on acceptance of the content of these Regulations.

§ 1

Definitions

  1. Administrator of Personal Data – Estlin Investments sp. z o.o. with its registered office in Warsaw, ul. Towarowa 28, entered into the Register of Entrepreneurs of the National Court Register, under KRS number 0000636799, NIP 5223071442.
  2. Application – a free mobile application, software running on mobile devices on the Android or iOS systems, through which Users can participate in the Promotional Programme.
  3. Stationary Device – a device located in a Shopping Centre which enables the use of the Promotional Programme.
  4. Shopping Centre – Galeria Katowicka Shopping Centre, located in Katowice at 3 Maja 30.
  5. Periodic Edition – specific terms and conditions applicable to the Promotional Programme for a given period, as set out in the Regulations for the Periodic Edition.
  6. Game – a set of tasks to be performed by the User. The set is available at a specific time indicated in the Application. By completing the tasks, the User may obtain additional privileges in the Promotional Programme.
  7. Prize Catalogue – an electronic representation of the available Prizes in the Promotional Programme.
  8. Account – individual account of the User. It is created via the Application, during the User’s registration for the Promotional Programme. An account is required to participate in the Promotional Programme.
  9. Premises – commercial or service premises, located in a Shopping Centre where a Vendor conducts its business.
  10. Prize – a Gift Card or other material and service rewards available to the User.
  11. Operator – Visual Effect Sebastian Pawlica conducting business activity under the name Visual Effect Sebastian Pawlica, with registered office at Al. Wojciecha Korfantego 141 C, 40-154 Katowice, NIP 9542637402.
  12. Organiser – the organizer of the Promotional Programme – Visual Effect Sebastian Pawlica conducting business under the name Visual Effect Sebastian Pawlica, with registered office at Al. Wojciecha Korfantego 141 C, 40-154 Katowice, NIP 9542637402.
  13. Receipt – proof of purchase, fiscal confirmation of the transaction at the Seller.
  14. Promotional Programme – an action organised by the Shopping Centre.
  15. Promotion – an electronic form of presentation: special offer, discount and information about events in a Shopping Centre.
  16. Programme Service Point – a designated place in the Shopping Centre, intended for User service.
  17. Points – the quantity (set) to be used and redeemed for Prizes available in the Promotional Programme.
  18. Regulations – this document, determining in particular the principles of Users’ participation in the Promotional Programme and the rights, obligations and responsibilities of the Shopping Centre, the Operator, the Organiser and the Users.
  19. Regulations of Periodical Edition – document, determining in particular the rules of Users’ participation in the Promotional Programme and the rights, obligations and responsibilities of the Shopping Centre, the Operator, the Organiser and the Users within particular Periodical Editions.
  20. Vendor – a natural person, an organisational unit without legal personality but with legal capacity or a legal person running a service and commercial business in a Shopping Centre, offering products or services participating in the Promotional Programme.
  21. User – a person having at least limited legal capacity and being at least 16 years of age and not completely incapacitated, who as a result of registration has logged in to the Application and has obtained a unique ID number and accepted the Regulations.
  22. Desktop version – a web-based version that allows access to the prize catalogue view, registration and login options in web browsers, without the need to install the Application.

§ 2

Duration of the Promotional Programme and Periodic Editions

  1. The Promotional Programme runs from 1st January, 2021 until its cancellation by the Operator, excluding days when the Shopping Centre is closed.
  2. The Organiser may terminate the Promotional Programme at any time for good cause, which shall be, but not limited to:
    • change in the generally applicable legislation which has a direct impact on the Promotional Programme and results in its termination;
    • economic unviability of the Promotional Programme;
    • issuance of a ruling or a decision by a court or an authorised public authority relating to the Promotional Programme and necessitating its termination;
    • * introduction, in place of the Promotional Programme, of other forms of promotional and marketing activities concerning the Shopping Centre, the Organiser or Vendors.
  3. The Organiser shall notify Users of the termination of the Programme by means of a message in the Application and by e-mail, together with an indication of the date of termination of the Promotional Programme, not less than 30 (thirty) days from the date on which the notification of termination of the Promotional Programme is sent.
  4. The Organizer will not credit the Users with any Points from the date the Program ends. However, the Organizer ensures that the Users can use the valid Points credited to their Accounts for at least 1 month after the date of the end of the Program, according to the rules specified in the Regulations. After the expiry of the time limit referred to in the previous sentence, the Program is definitively closed, and the User Accounts are deleted. When the Accounts are deleted, unused Points and Prizes assigned to those Accounts are forfeited.
  5. The Promotional Programme is divided into Periodic Editions. Each Periodic Edition will be governed by its own individual regulations. The regulations of the Periodic Editions may shape the rights and obligations of the Users differently than the Regulations. In the event that the provisions of the Regulations conflict with the provisions of the Regulations of a given Periodic Edition, the Regulations of the Periodic Edition shall prevail. Each of the Periodic Edition Regulations, when adopted, will constitute an annex to these Regulations. If there are no Periodic Editions Regulations, only the provisions of these Regulations shall apply.

§ 3

Aplikacja

  1. Aplikacja umożliwia Użytkownikowi uczestnictwo w Programie Promocyjnym. Aplikację można pobrać bezpłatnie w serwisach Google Play oraz App Store.
  2. Aplikacja działa na telefonach komórkowych opartych na systemach Android w wersji 8.0 i nowszych lub na systemie iOS w wersji 12.0 i nowszych.
  3. W celu zapewnienia prawidłowego działania aplikacji Użytkownik musi posiadać w swoim urządzeniu mobilnym ciągłe połączenie internetowe oraz potwierdzić w ustawieniach swojego urządzenia mobilnego dostęp Aplikacji do: kamery, powiadomień push oraz połączeń sieciowych.
  4. Centrum Handlowe oraz Operator zastrzega sobie prawo do dowolnej modyfikacji oraz sposobu działania Aplikacji, w tym usunięcia wszelkich zgromadzonych w bazie danych, zaprzestania działalności, przeniesienia praw oraz podjęcia wszelkich dozwolonych przez prawo czynności związanych z Aplikacją.
  5. Użytkownik ponosi pełną odpowiedzialność za złamanie powszechnie obowiązującego prawa bądź jakąkolwiek szkodę majątkową oraz niemajątkową wywołaną jego działaniami w Aplikacji – w szczególności wynikających z podania nieprawdziwych danych osobowych i naruszeniem dóbr osobistych osób trzecich. Użytkownik ponosi pełną odpowiedzialność za podjęte przez siebie działania, które mogą godzić w interesy Organizatora, Operatora lub Centrum Handlowego lub osób trzecich.
  6. Organizator Programu Promocyjnego nie ponosi odpowiedzialności za ewentualne szkody powstałe w wyniku błędów, awarii i przerw w funkcjonowaniu Aplikacji niezależnych od Organizatora Programu Promocyjnego.
  7. Organizator Programu Promocyjnego zastrzega sobie prawo do:
    1. zmiany funkcjonalności Aplikacji w każdym czasie, w tym funkcjonalności i specyfikacji profilu,
    2. czasowego zawieszania działania Aplikacji,
    3. trwałego wyłączenia Aplikacji po zamieszczeniu stosownej informacji w Aplikacji, bez archiwizowania zamieszczonych przez Użytkowników treści,
    4. żądania natychmiastowego zaprzestania działań dokonywanych przez Użytkownika, które mogą godzić w interesy Organizatora lub osób trzecich. Odmowa zastosowania się do takiego żądania przez Użytkownika będzie uznana za naruszenie Regulaminu i w konsekwencji uprawnia Operatora do: czasowego lub trwałego zablokowania dostępu do Aplikacji włącznie z ewentualnym usunięciem Konta i zebranych na nim Punktów Użytkownika.
  8. The Application enables the User to participate in the Promotional Programme. The application can be downloaded free of charge from Google Play and App Store.
  9. The application works on mobile phones based on Android versions 8.0 and later or on iOS versions 12.0 and later.
  10. In order for the Application to function correctly, the User must have a continuous Internet connection on his/her mobile device and confirm in settings of his/her mobile device the Application’s access to: the camera, push notifications and network connections.
  11. The Shopping Centre and the Operator reserve the right to any modification and operation of the Application, including the deletion of any data stored in the database, discontinuation of operations, transfer of rights, and to take any actions permitted by law in connection with the Application.
  12. The User shall bear full responsibility for breaking the generally applicable law or for any material or non-pecuniary damage caused by his/her actions in the Application, in particular resulting from the provision of false personal data and infringement of personal interests of third parties. The User shall bear full responsibility for actions taken by him/her that may violate the interests of the Organiser, the Operator or the Shopping Centre, or third parties.
  13. The Promotional Programme Organiser shall not be liable for any damage caused by errors, failures or interruptions in the operation of the Application which are beyond the Promotional Programme Organiser’s control.
  14. The Promotional Programme Organiser reserves the right to:
    • change the functionalities of the Application at any time, including the functionalities and profile specifications;
    • temporarily suspend the operation of the Application;
    • permanently deactivate the Application after the relevant information has been posted on the Application, without archiving the content posted by Users;
    • demand an immediate cessation of any activity performed by the User, which may harm the interests of the Organiser or third parties. Refusal to comply with such a demand by the User shall be considered a breach of these Regulations and shall consequently entitle the Operator to temporarily or permanently block access to the Application, including the possible deletion of the Account and the User Points collected therein.

§ 4

User Registration

  1. Rejestracja Użytkownika tym samym założenie Konta jest dobrowolne. Brak rejestracji ogranicza dostępność niektórych funkcji Aplikacji, w szczególności uniemożliwia zbieranie Punktów i odbieranie nagród.
  2. Użytkownik zobowiązany jest do podania prawdziwych danych osobowych w procesie rejestracyjnym.
  3. Sposoby rejestracji Użytkownika w Programie Promocyjnym:
    1. Poprzez rejestrację w urządzeniu mobilnym:
      1. Pobierając na urządzenie mobilne Aplikację „katokarta”
      2. Po uruchomieniu Aplikacji klikając „zarejestruj” i wykonując kroki podane w Aplikacji.
    2. Poprzez stronę internetową – wersja Desktop:
      1. Wpisując w przeglądarce internetowej adres „www.katokarta.pl”
      2. Po otwarciu strony klikając w profilu „zarejestruj” i wykonując kroki podane podczas rejestracji.
    3. Poprzez urządzenie stacjonarne
      1. klikając „zarejestruj” i wykonując kroki podane na monitorze Urządzenia Stacjonarnego
  4. Podany adres e-mail podczas rejestracji musi zostać potwierdzony przez Użytkownika poprzez kliknięcie w przesłany link na adres e-mail Użytkownika. W innym wypadku Konto nie zostanie założone.
  5. User registration, thereby creating an Account, is voluntary. Failure to register restricts the availability of certain Application features, in particular prevents the accumulation of Points and receipt of prizes.
  6. The user is obliged to provide true personal data during the registration process.
  7. Methods for registering the User in the Promotional Programme:
    1. By registering with a mobile device:
      • by downloading the “Katokarta” Application to your mobile device;
      • after launching the Application by clicking “Register: and following the steps provided in the Application;
    2. Through the Website – Desktop version:
      • by typing “www.katokarta.pl” into your web browser;
      • after opening the Website, by clicking on “Register” in your profile and following the steps given during registration.
    3. By stationary device:
      • by clicking “Register” and following the steps shown on the Stationary Device display
  8. The e-mail address provided during registration must be confirmed by the User by clicking on the link sent to the User’s e-mail address. Otherwise an account will not be created.
  9. The phone number provided during registration must be confirmed by the User by entering the code sent to the User’s phone by SMS.
  10. The password provided during registration should contain 8 characters, upper and lower case letters and numbers or special characters. The User should not disclose the password to third parties, and should protect it against theft. Neither the Organizer nor the Operator shall be liable for any consequences of a loss of the password by the User not attributable to the Organiser or the Operator.
  11. The User may have only one Account, regardless of the number of telephone numbers and e-mail addresses held. If the Organiser or Operator detects an infringement of the previous sentence, the Organiser or Operator may delete further Accounts created by the same User.
  12. Failure to comply with all the terms and conditions of registration and to provide all the required personal data may result in the incomplete functionality of the Application and the inability to provide current information on the Account and information on the Prizes.
  13. In the event of a breach of the Regulations or rules of social coexistence by the User, the Organiser or Operator reserve the right to block the User’s account and deprive the User of the opportunity to participate in the Promotional Programme or delete the account, including any Points collected.

§ 5

Registration of receipts

  1. Po dokonaniu zakupu produktów lub usług u Sprzedawców w okresie trwania Programu Promocyjnego, Użytkownik otrzymuje Paragon.
  2. Paragony spełniające warunki określone w § 6 w celu zgłoszenia do Programu Promocyjnego, należy zarejestrować. Rejestrację paragonów można dokonać poprzez:
    1. zeskanowanie Paragonu odpowiednim narzędziem (skanerem) dostępnym w ramach Aplikacji. Skaner umożliwia Użytkownikowi dodanie zdjęcia Paragonu w celu jego rejestracji i naliczenia Punktów. Po pozytywnej weryfikacji Paragonu, Punkty zostaną naliczone automatycznie. W przypadku nieprawidłowości Użytkownik zostanie poinformowany poprzez Aplikację o dalszych krokach i statusie naliczenia Punktów,
    2. przekazanie Paragonu do zarejestrowania przez obsługę w Punkcie Obsługi Programu (podczas rejestracji konieczne jest podanie adresu e-mail lub ID Użytkownika)
    3. zeskanowanie Paragonu w Urządzeniu Stacjonarnym dostępnym w Centrum Handlowym. Po zalogowaniu i zeskanowaniu Paragonu Punkty zostaną naliczone automatycznie. W przypadku nieprawidłowości Użytkownik zostanie poinformowany poprzez komunikat na ekranie Urządzenia Stacjonarnego o dalszych krokach i statusie naliczenia Punktów.
  3. Organizator zastrzega sobie możliwość w trakcie trwania Programu Promocyjnego zmian procesu rejestracji Paragonów ze względów technicznych lub bezpieczeństwa, a także na wskutek wykrycia naruszeń oraz prób obejścia ograniczeń w rejestracji paragonów.
  4. When you purchase products or services from Vendors during the Promotional Programme period, you will receive a Receipt.
  5. In order to enter the Promotional Programme, receipts meeting the conditions specified in § 6 must be registered. Registration of receipts can be done through:
    • scanning the Receipt with the appropriate tool (scanner) available within the Application. The scanner enables the User to add a photo of the Receipt for the purpose of registering it and calculating Points. Once the Receipt has been positively verified, the Points will be credited automatically. In the case of irregularities, the User will be informed via the Application about further steps and the status of the Points accumulation;
    • handing over the Receipt to be registered by the staff at the Service Point (during registration it is necessary to provide an e-mail address or User ID);
    • scanning the receipt in the Stationary Device available in the Shopping Centre. After logging in and scanning the receipt, the Points will be credited automatically. In the event of any irregularities, the User will be informed via a message on the screen of the Stationary Device of the next steps to be taken and the status of the Points accumulation.
  6. During the course of the Promotional Programme, the Organiser reserves the right to change the process of registering receipts for technical or security reasons or as a result of discovering violations of, or attempts to circumvent, the restrictions on registering receipts.

§ 6

Conditions and restrictions on the registration of receipts

  1. The condition for the registration of the Receipts is the purchase from the Vendor.
  2. Only fiscal receipts not older than 7 days from the date on the receipt can be registered.
  3. The minimum value of a registrable Receipt is PLN 20.
  4. The maximum value of a Receipt which can be registered is PLN 500. In the event of registering a Receipt with a higher value, the amount for earning Points will be limited from this receipt to PLN 500. The amount not included in the scope of a given Receipt (above PLN 500) does not entitle to register this Receipt again in order to receive additional Points.
  5. The User is entitled to register a maximum of two Receipts from one Vendor in one day.
  6. Each Receipt can be registered only once.
  7. The User must be the owner of the Receipt and the person who paid the Receipt.
  8. Receipts must be legible and undamaged originals. The Receipt may not be registered if it shows signs of falsification or deterioration (slashes, blurring, crossing out, gluing, etc.).
  9. It is forbidden to counterfeit or modify the Receipts. Such action is a criminal offence and if discovered will be reported to the relevant law enforcement authorities by the Organiser or Operator.
  10. Receipts for purchases made with gift cards/vouchers issued by Vendors or a Shopping Centre, as well as for purchases of gift cards/vouchers themselves or gift cards/vouchers issued by Vendors are not subject to registration in the Programme.
  11. If the purchase of one product or service is spread over several separate Receipts, only one Receipt for that product or service may be registered.
  12. The following Vendors are excluded from the calculation of points: Stokrotka, Apart, Deichmann, Pharmacy, Żabka.
  13. The Receipts from other Vendors, containing the following goods and services: medicines, alcoholic beverages, tobacco products and e-cigarettes, prepaid cards from mobile phone operators, bookmaking, prepaid cards, gift vouchers, payment transactions for individual utility bills (gas, electricity, water, telephone, Internet, rent for the flat or rented premises), credit or loan instalments, currency exchange transactions, reservations and prepayments made at travel agencies are excluded from the Programme.
  14. Employees (including contractors) of Vendors can participate in the Programme, provided that they are not entitled to register Receipts issued by the Vendor for whom they are employed. The Operator, Promotional Programme Organiser and their employees cannot participate in the Programme.
  15. Invoices, sales receipts/confirmations for online purchases made by bank transfer, PayU or other online payment method are exempt from registration. Receipts for purchases made online and paid for in-store at the Shopping Centre are subject to registration.
  16. On the scanned Receipt, data such as the name of the shop, receipt number, amount, date should be visible.

§ 7

Accrual and validity of points

  1. Points are credited for the duration of the Promotional Programme. The rules set out in these Regulations apply only where no other rules are laid down in the Regulations of a given Periodical Edition.
  2. Points for receipts: Points are credited from registered Receipts according to the conversion rate: 1 point for every PLN 1.
  3. The maximum monthly points accumulation possible is 15,000 points.
  4. Validity: Accrued Points expire at the end of 3 full months, at the end of the calendar month from the date of registration of the Receipt or from the date on which additional Points were awarded under the Promotional Programme, but no longer than until the end of the Promotional Programme, unless otherwise specified in the Regulations for the Periodic Editions.
  5. In the event of the return of goods from a Receipt previously registered in the Promotional Programme or the exchange of a registered Receipt for an invoice, such Receipt must immediately be deregistered from the Promotional Programme via the Application or at a Service Point of the Programme. In the Application, go to the User Profile, and in the “My Receipts” tab, confirm the deregistration of a given receipt by clicking “Unregister”.
  6. When the value of returned goods is deregistered, the Points received from the entire Receipt are deregistered. In the case of an insufficient number of Points on the User’s Account, the User’s Points will have a negative value. During the registration of subsequent Receipts, the value of Points will increase.
  7. In the event of detecting any abuse by the User, i.e. in particular returning goods or services without deregistering the Receipt, the Organiser shall have the right to demand from the User to return the collected Prize or its equivalent.
  8. Failure to deregister the Receipt from which the purchased goods were returned may, in certain situations, constitute a criminal offence and, if discovered, will be reported to the relevant law enforcement authorities by the Organiser or the Operator.

§ 8

Prizes and their collection

  1. Claiming Prizes involves collecting a sufficient number of Points to unlock the Prize and be able to claim it. The information in the Catalogue of Prizes determines the number of Points which entitles to use them to receive a Prize.
  2. The Prize Catalogue available in the application consists of definable Categories.
    • Galeria Katowicka Prizes,
    • City Prizes,
  3. During the course of the Promotional Programme in the Prize Catalogue, the Prize Categories may change.
  4. The User may claim one prize per day from the Catalogue of Prizes.
  5. The User may claim an unlimited number of Prizes per day from the City Prize Category.
  6. The Prize must be collected personally by the Account holder. Authorisations by third parties to collect the Prize shall not be taken into account.
  7. Ways of collecting Prizes:
    • by printing out the Prize Claim Form at the Point of Service;
    • by printing out the Prize Claim Form on the Stationary Device;
    • through the Application (own mobile device) directly at the place of collecting the Prize, (information about the place of collecting the Prize is visible in the Application, in the view of the Prize).
  8. After the Prize is collected, the number of points accumulated by the User decreases according to the value of the Prize collected.
  9. The value of the Prizes does not exceed the amount exempt from income tax (PLN 2,000.00; art. 21 sec. 1 item 68 of the Personal Income Tax Act of 26 July 1991, as amended).
  10. If the Rules are violated by the User, the Shopping Centre or the Operator reserves the right to demand that the collected Prize be returned intact.
  11. The Prizes from the Prize Catalogue are available while stocks last.
  12. The Gift Card prizes are subject to additional regulations found on the Website: www.flex-e-card.pl

§ 9

Personal data / Privacy policy

  1. Personal data are administered by the Personal Data Administrator. The contact point to contact the Personal Data Administrator: Shopping Centre (management office)
  2. The Personal Data Administrator has not appointed a personal data protection officer.
  3. The Personal Data Administrator processes the following personal data of Users within the framework of the Promotional Programme and the Application:
    • data provided during User registration: name, surname, e-mail address, phone number, date of birth, gender and postal code;
    • MAC address of the phone;
    • IP address;
    • other data entered in the electronic forms of the individual services;
    • purchase history and shopping habits;
    • Points balance;
    • geolocation;
    • cookies designed to collect data, such as: IP address, domain name, browser type, operating system, number of open sessions, session length. This data may be collected by cookies, the Google system;
    • data related to registered Receipts, such as Receipt value, Receipt issue date, Receipt registration date.
  4. Data are processed by the Personal Data Administrator for the following purposes:
    1. Use of the Application and provision of the Application’s services and participation in the Promotional Programme, in particular the sending and receiving of content by the authors of messages to and from the User, the accrual of Points, receipt of Prizes, handling of complaints, with the indication that participation in the Promotional Programme is of a promotional nature for the Shopping Centre and Vendors, enabling participation in the Promotional Programme (the legal basis for data processing in this regard is the necessity of processing for the performance of the agreement on participation in the Promotional Programme [art. 6(1)(b) RODO], and with regard to data provided optionally – the legal basis for processing is consent [art. 6(1)(a) RODO]):
      • participation in the Promotional Programme requires the creation of an Account, which requires the provision of certain personal data. In order to facilitate the operation of the Application and the Promotional Programme, as well as to unlock additional functions, the User may provide additional data, thereby consenting to its processing. Such data can be deleted at any time. The provision of data marked as mandatory is required in order to set up and operate an Account, and failure to provide such data shall prevent registration in the Application and participation in the Promotional Programme. Provision of other data is voluntary;
      • if the Application is integrated with a Facebook user account, the User will make his/her name, avatar and e-mail address available from Facebook. If the User chooses to access the Application through his/her Facebook account, his/her content and personal data may be made available to Facebook. You acknowledge and agree that Facebook’s use of your personal data is governed by Facebook’s privacy policy;
    2. improving the quality of the services provided – the legal basis for the processing is the legitimate interest of the Personal Data Administrator (Article 6(1)(f) RODO) consisting of conducting analyses of the Users’ activity in the Application and the manner of using the Account in order to improve the applied functionalities and the quality of the services provided;
    3. clarifying the circumstances of a possible use of the service contrary to the Regulations or applicable law (unauthorised use), prevent abuse of the Programme – the legal basis for data processing is the legitimate interest of the Administrator (Article 6(1)(f) RODO) consisting in the detection and elimination of abuse in the Programme;
    4. asserting or defending against claims by the Personal Data Administrator – the legal basis of the processing is the legitimate interest of the Personal Data Administrator (Article 6(1)(f) RODO) consisting in the protection of his rights.
    5. marketing of the Personal Data Administrator’s and Vendors’ own services, including profiling; this means that through automated data processing the Administrator evaluates selected factors concerning natural persons, in order to analyse their behaviour or to create a forecast for the future and to adjust commercial offers for particular Users; profiling is carried out on the basis of purchase history, the way of using the Application, including the User’s preferred Shops and Prizes, data on location, gender, age, place of residence; the processing of the User’s personal data, consisting in automated decision-making, is necessary for the performance of the agreement on participation in the Promotional Programme concluded between the User and the Administrator by creating an Account (art. 22(2)(a) RODO), as the entire Promotional Programme is based on the preparation and presentation of personalised promotional offers and Prizes in the Promotional Programme. The User may also withdraw from the Promotional Programme at any time by deleting the Account.
    6. marketing of own services of the Personal Data Administrator and Vendors consisting in directing marketing content to Users via various channels, i.e. via e-mail, MMS / SMS or phone or by means of push messages. Such activities are undertaken by the Administrator only if the User has given their consent, which they may withdraw at any time.
  5. Personal data will not be transferred to a third country or international organisation.
  6. The categories of recipients of personal data are:
    • Entities performing accounting services for the Personal Data Administrator.
    • Entities performing legal services for the Personal Data Administrator.
    • Entities performing marketing services for the Personal Data Administrator.
    • Entities performing IT infrastructure maintenance services for the Personal Data Administrator.
    • Operator.
    • Organiser.
    • Entities functioning within the organisational structure of the Personal Data Administrator, the Organiser and the Operator.
  7. Personal data will be deleted on the date permitted by law (if applicable) or on the date on which the mutual claims of the Personal Data Administrator and the User are barred, whichever is later. After the expiry of the processing period, the data are irreversibly deleted or anonymised.
  8. The User the right to request from the Personal Data Administrator access to your personal data, rectification, erasure or restriction of processing, the right to object to processing, and the right to data portability.
  9. Where processing is based on the User’s consent, the User has the right to withdraw consent at any time without affecting the lawfulness of the processing carried out on the basis of consent before its withdrawal.
  10. The User has the right to lodge a complaint with a supervisory authority.
  11. With regard to decisions taken solely on the basis of automated processing of the User’s personal data, including profiling, each User has the right to obtain human intervention from the Personal Data Administrator, to express his or her own position and to contest the decision (Article 22(3) RODO). For this purpose, the User may contact the contact point indicated in paragraph 1, including arranging a telephone conversation with the Personal Data Administrator or the Personal Data Protection Officer (if the latter is functioning within the structure of the Promotional Programme at the time).
  12. The provision of personal data such as: name, surname, e-mail, phone number, in electronic forms is voluntary, but necessary for the User to participate in the Promotional Programme to the extent specified in the Regulations, while the provision of other data (date of birth, gender and postal code) is voluntary and their failure to provide any negative consequences for the User and enables participation in the Promotional Programme to the extent specified in the Regulations.
  13. The Personal Data Administrator may process the User’s personal data for marketing purposes, and send commercial information to the User, both its own and the Vendors’, if the User agrees to do so during registration or by using the Application.
  14. When registering, the User makes the following declarations:
    • “I accept the Regulations and confirm that my personal data provided during registration in the Application is processed by the Personal Data Administrator in the manner described below” – an obligatory statement in order to create an Account and participate in the Promotional Programme;
    • “I consent to the processing of my personal data provided in the registration form by the Administrator of Personal Data for marketing purposes – contact to my e-mail and SMS/MMS” – voluntary statement.
  15. The Application collects and transmits to a database managed by the Shopping Centre information on how the Application is used by a particular User.
  16. The purpose of this data collection and processing is to be able to provide dedicated, individual offers through the Application and to reorder these offers.
  17. The application performs data acquisition functions for the purpose of and as follows:
    • through the data voluntarily entered by the User in the forms;
    • by storing “cookies” on end devices;
    • by storing technical data on servers.
  18. Communication between the Application and the Operator’s systems takes place using an encrypted https connection.
  19. The Application can access the following permissions on the User’s mobile device:
    • information about location, when the User searches for services or uses a location-based service, with the User’s consent;
    • camera for QR Code scanning;
    • access to phone memory for data storage;
    • access to network connections (WIFI/3G). The Application privileges can be revoked by changing the system settings on the mobile device or by uninstalling the Application.
  20. Information about cookies:
    • desktop application uses cookies;
    • “cookies” are IT data, in particular text files that are stored in the end device, i.e. the mobile device of the Application User and are intended for the use of particular Application functions;
    • the entity attaching cookies on the Application User’s end device and accessing them is the Promotional Programme Organiser.
  21. Cookies are used for the following purposes:
    • compiling statistics which help us understand how Users use the Desktop version, so that we can improve its structure and content;
    • maintaining the User session (after logging in), thanks to which the User does not have to re-enter the login and password on each sub-page of the Desktop version;
    • profiling you so that we can provide User with tailored content.
    • details of the use of cookies used in statistics: see Google Analytics privacy policy.
    • cookies may be used by advertising networks, in particular the Google network, to display advertisements adapted to the way the User uses the Application. To this end, they may store information about the User’s navigation path or the time spent on a particular page.
    • * with regard to information on User preferences collected by the Google advertising network, the User may view and edit information resulting from cookies using the following tool: https://www.google.com/ads/preferences.
  22. Information on how to block or unblock cookies is available in the “Help” menu of your web browser. For popular web browsers, information on cookie settings is available under the following links:
    • Internet Explorer: http://windows.microsoft.com/pl-PL/windows-vista/Block-or-allow-cookies;
    • Mozilla Firefox: http://support.mozilla.org/pl/kb/ciasteczka;
    • Google Chrome: http://support.google.com/chrome/bin/answer.py?hl=pl&answer=95647;
    • Opera: http://help.opera.com/Linux/9.22/pl/cookies.html.
  23. The Application may collect data from Users about how they use the Application. The types of analytics data that are collected include, but are not limited to, the date and time your device connects to the servers, software version, geographic location of your device, language, what information and files were displayed on your device, your behaviour (e.g., what features were used, frequency of use), device status information, device model, hardware and operating system information. This data may be used to improve the quality and functionality of the Application, to market products and features that best meet Users’ needs; to identify and resolve problems with the Application.
  24. Geolocation information:
    • within the scope of the following parts of the functionality, i.e. map of the Shopping Centre and active guidance to the Vendor, the User may access this part of the Services only after activating the Bluetooth function, thus agreeing to locate the mobile device.
    • data related to the location of the User in the Shopping Centre may be collected by the Operator and processed only for the statistical purposes.
  25. Information on certain User behaviour is subject to logging at the server layer. This data is used solely for the purpose of administering the website and to ensure the most efficient operation of the hosting services provided.
  26. The viewed resources are identified by URL addresses. In addition, records may be saved:
    • time of arrival of the request;
    • time of sending the reply;
    • name of the User station – identification via the HTTP protocol;
    • information about errors that occurred during the execution of the HTTP transaction
    • browser information.
  27. IP address information:
    • these data are not associated with specific visitors;
    • the above data are used solely for the purposes of administering the server.
  28. If the User does not wish to receive cookies, they can change their browser settings. Disabling cookies necessary for authentication, security and maintaining User preferences may hinder or, in extreme cases, make it impossible to use the Websites.
  29. In order to manage cookie settings, the settings in the browser/system must be changed; and, to do so, the instructions for the browser/system must be followed.
  30. Without the consent of the registered User of the Application, the Application does not make public any information concerning him/her.

§ 10

Complaints

  1. The User shall have the right to lodge a complaint regarding non-compliance of an activity of the Promotion with these Regulations within 14 days from the date of such activity.
  2. The complaint should be submitted in writing (by registered mail) to the address: Visual Effect, Al. Wojciecha Korfantego 141 C, 40-154 Katowice with the annotation – “Complaint”. The Organiser will consider the complaint within 14 working days of its receipt and will notify the User of its resolution. The complaint should include: name, surname and exact address of the User, phone number, photocopy of the registered Receipts and exact description and reason for the complaint. The Organiser shall consider the complaint within 14 working days of its receipt and shall notify the User of its resolution.
  3. Claims concerning defects of goods collected in the Shop as prizes in the Promotional Programme shall be considered in accordance with the provisions of the Civil Code on warranty for defects. That is, if the User demands an exchange of the defective prize for a prize free of defects, they should submit such a demand to the Organiser through the Shop where they collected the defective prize. The replacement of the prize with a prize free of defects shall take place in the Store (the Shop’s staff shall act in this respect on behalf of the Organiser) upon return of the defective prize.
  4. Any disputes arising from the performance of obligations relating to the Promotion which are not resolved amicably shall be settled by a competent common court of law.
  5. The Organiser of the Promotional Programme does not agree to the out-of-court settlement of disputes arising from the Regulations. The ODR platform for online dispute resolution between consumers and traders at EU level (ODR platform) is available at http://ec.europa.eu/consumers/odr. The ODR platform is an interactive and multilingual website with a one-stop-shop for consumers and entrepreneurs seeking an out-of-court settlement of a dispute concerning contractual obligations arising from an online contract of sale or contract for the provision of services, however the Shopping Centre, the Organiser or the Operator do not wish to use the ODR platform.

§ 11

Licence conditions

  1. The graphic design of the Application, the structure of the Application, the Application, the source or compiled code of the Application, websites used to operate the Application and all documents produced by the Organiser and the Operator in connection with the provision of the Application, including related works, such as documents or information of an instructional nature, constitute works within the meaning of the copyright law.
  2. As soon as the Application is downloaded and installed, the Organiser of the Promotional Programme and the Operator grant the User a licence to use and enjoy the Application subject to these licence conditions.
  3. The right to use the Application and to use it by the User within the scope of the licence granted shall apply exclusively in the following fields of exploitation:
    • to be recorded and reproduced in the memory of a mobile telecommunications device at a time and place of its own choice;
    • to access and display via a mobile telecommunications device at a time and place of their choice.
  4. The user may not:
    • rent, lease or resell the works or any part of them and create derivative works based on them;
    • perform work changes;
    • remove proprietary rights or copyright notices that may appear in the works area;
    • use the works for purposes that violate current common law or ethical and moral standards.
  5. Neither the Promotional Programme Organiser, nor the Operator shall transfer to the User any proprietary copyrights to the Application or any works forming part of it, or the right to grant licences for the disposal and use of the proprietary copyrights to these works or the Application, including their further resale, or to exercise any other subsidiary rights not reserved in the licence conditions.
  6. The licence is perpetual, territorially unlimited and non-exclusive and applies to the entire Application and all of its parts.
  7. The Operator retains the exclusive right to decide to maintain the integrity of the Application and the works.
  8. Each violation of this § 11 of the Regulations shall entitle the User to delete his/her account from the Application.

§ 12

Amendments to the Rules of Procedure

  1. The Regulations shall enter into force on the date of their publication via the Application.
  2. Amendments to these Regulations may occur due to changes in the provisions of law relating to the subject matter of the provision of Services, as well as due to technical or organisational changes relating to the services provided by the Promotional Programme Organiser, in particular in the following cases:
    • changes to the operation of the products and Services offered by the Organiser – including withdrawal from the Programme or any part of it;
    • introduction of new products or services by the Organiser, to which the provisions of the Regulations will apply;
    • change relating to the IT systems used by the Organiser, to which the provisions of the Regulations apply;
    • change of law: governing the products or services offered by the Organiser of the Promotional Programme, to which the provisions of the Regulations apply, affecting execution of the agreement or the Regulations; change of tax regulations and/or accounting principles applied by the Promoter; change or issuance of new judicial decisions; rulings of administrative bodies; recommendations of authorised bodies, including the President of the Office for Competition and Consumer Protection and the European Commission – to the extent connected with execution of the agreement or the Regulations;
    • change of the business model of the activities covered by these Regulations by the Promotional Programme Organiser;
    • change to the extent to which new users can join the Promotional Programme;
    • change of the rules for the accrual of Points within the Promotional Programme or the possibility of obtaining additional Points;
    • the need to adapt the technical requirements set out in the Regulations to current standards.
    • decision to exclude all Vendor employees from participation in the Promotional Programme.
  3. Information on amendments to the Regulations shall be published in the Application area and by e-mail to the address given by the User in the Application at least 14 days (or earlier) before the effective date of the new wording. Until the effective date of the new or amended Regulations, the User may terminate the Regulations, in which case the User account will be deleted from the Application as soon as the new or amended Regulations become effective. Removal of the User account from the Application shall cause permanent loss of the accumulated points. The Rules of the Periodical Editions may be amended in the same way as specified in this § 12.

§ 13

Final provisions

  1. The Regulations are available electronically (including as a PDF download) at: www.katokarta.pl and in the Application.
  2. Capitalised terms are defined in accordance with the explanations provided in the section describing the definitions used in the Regulations.
  3. In relation to the Users who do not reside in the territory of the Republic of Poland, in the event that the relevant Regulations allow such a possibility, the law of the Republic of Poland shall be applicable to the Regulations and the settlement of disputes related to them. The provisions of the Regulations shall not be intended to exclude or limit the rights of a User who is a consumer, resulting from the provisions of the commonly binding local law. Should any provisions of these Regulations be invalid or ineffective, this shall not affect the validity and effectiveness of the remaining provisions. Instead of the invalid or ineffective provision, or as a gap-filler, an appropriate regulation shall apply, which, as far as legally permissible, corresponds as closely as possible to what the Parties have agreed or would have agreed if they had included such a provision, provided that if the entire Agreement without the invalid or ineffective provision, it retains a reasonable content.
  4. The User may terminate the Regulations at any time by deleting his/her Account from the Application and losing his/her User status. Removal of the Account is possible by sending information by email to: reklamacje@katokarta.pl. In such an event, any points accumulated by the User shall be irretrievably deleted.

Katowice 1st January, 2021

Shopping Centre

 

 

Gifts come in pairs – invite a friend and earn 200 points each.

  1. The action lasts from 20th February, 2021 until cancelled by the Operator.
  2. The user who wishes to send an invitation, must have an account in the Katocard Application and must have a confirmed e-mail address and phone number.
  3. In order to send an invitation, the User must log into the Application and follow the instructions:
    •  Go to the “Profile” tab.
    • Click the “Invite a friend” box.
    • Allow the Application to access your contacts.
    • Select the person you wish to invite from your contact list, and select how you wish to send the invitation: by text message or e-mail.
    • Send an invitation.
  4. The invited person must not be the account holder in the Katocard application.
  5. The invitee must register from the referral link and complete registration by confirming the email address in the message received and confirming the phone number.
  6. As part of the “Invite a friend” action, the inviting person and the person invited by him or her, after meeting the conditions described in paragraphs 1,2,3,4,5 receive a reward of 200 points.
  7. You may invite an unlimited number of friends.

 

Terms and Conditions of the “Hearthunters” game

  1. Duration of the “Hearthunters” game: from 26th May, 2021 to 1st June, 2021, during the opening hours of the Shopping Centre, excluding days when the Shopping Centre is closed.
  2. The User can take part in the “Hearthunters” game several times, until the goals are reached and the prize is won. Once a prize has been won, the game will no longer be available to the user concerned.
  3. To start and join the game you must:
    • have a device that supports ARCore for Android and ARKit for iOS. For more information and a list of phones that support ARCore, follow this link: https://developers.google.com/ar/devices
    • have a phone with a minimum of iOS 13 or Android 9;
    • update the Mobile Application to the current version: iOS 5.2.1, Android 4.7.6;
    • click on the “Play” banner on the main screen in the Mobile Application and, having read the rules of the game, press the “Start” button;
    • after clicking the “Start” button you need to provide permission to use the camera on your mobile device, enable Bluetooth and location.
  4. Rules of the game:
    • the game consists in collecting a certain number of objectives (hearts) in a given time, according to the description placed in the game;
    • before each target is collected, a clue is provided as to where the next target is located;
    • once all the objectives have been collected, the User is given the opportunity to collect the prize.
  5. Prizes:
    • from 26th May, 2021 to 28th May, 2021 the prize is: a classic Pavlova dessert in the Grycan café;
    • from 29th May, 2021 to 1st June, 2021 excluding 30th May, 2021 the prize is: a single ticket to the Multikino cinema. The voucher is valid for VIP seats at no extra charge.
  6. Prize collection:
    • to collect a prize, go to the prize collection point indicated in the Mobile Application, click on the collect button and generate a QR code;
    • show the generated QR code to the staff;
    • the prize must be claimed immediately after the last target is found, on the day the prize is won in the game. If the prize is not collected on the day it is won, the prize will be forfeited.
  7. All complaints will be accepted and dealt with in accordance with the provisions of §10 “Regulations of the Promotional Programme with Katokarta Application of Galeria Katowicka”.