REGULATIONS OF “E-MULTISPORT” PLATFORM

 

§ 1

Preliminary Provisions

  1. These Regulations define the following:

  1. general terms and conditions for participation in the MultiSport Programme, rules and procedures for ordering the Cards, or co-financing the costs of the Programme/Cards as part of the Programme via the Platform, operated by Benefit Systems S.A. with its registered office in Warsaw;

  2. terms and conditions for the electronic services provided by the Operator for Account maintenance.

  1. Terms of using the Card are described in Annex No. 1 to these Regulations, i.e. Card Use Terms & Conditions.

  2. These Regulations are available to all free of charge. The Regulations may be printed, saved and copied by any method and via any media.

  3. The Regulations are made available in a form that allows to save, store and open the document (i.e. in the HTML format). These Regulations are available on the website www.emultisport.pl. Additionally, at the request of the Platform User, the Operator will forward the content of the Regulations in electronic form to the e-mail address indicated by the User.

  4. Use of the Platform and ordering of the Card is voluntary and available solely to persons who are authorised to do so as part of the Basic Contract.

§ 2

Definitions

  1. Terms beginning with capital letters within the Regulations will have the following meaning:

  1. Paying Agent – entity processing Payments

  2. Account Deactivation - an activity to be performed by an Operator in the cases specified in these Regulations, which constitutes the expiry of the Account Management Agreement involving the deletion of the Platform User’s data submitted during Registration (deletion of the Account) by which the User loses the privilege to use the Account and the ability to re-register using existing Account data.

  3. Work days –weekdays from Monday to Friday, excluding public holidays.

  4. Delivery - the actual act of delivering the Card(s) to the Platform User via the Client.

  5. Password – a string of letters, numbers or other characters used to secure access to a Platform User’s Account.

  6. Card –a card issued by the Operator authorising to use the services specified in the Programme. The following types of Cards exist: employee card, companion card, child card. Terms of use of the Card are described in Annex No. 1 to these Regulations, i.e. Card Use Terms & Conditions.

  7. Client – an entity that, pursuant to an agreement with the Operator (Basic Agreement) has made it possible for its employees, contractors and co-workers, their companions and their children to use the Programme.

  8. Account – an individual panel for each Platform User, activated by the Operator after registration.

  9. Login – the individual identificator of the Platform User, required along with the Password to use the Platform Account. The Login may be the actual email address of the Platform User or a number assigned by the Operator.

  10. Operator –Benefit Systems Spółka Akcyjna with its registered office in Warsaw at 2 Plac Europejski, postal code 00-844 Warsaw, entered in the Register of Entrepreneurs of the National Court Register by the District Court for the capital city of Warsaw in Warsaw, XII Commercial Division of the National Court Register, under KRS number: 0000370919, NIP 836-16-76-510, REGON 750721670, e-mail: infolinia@benefitsystems.pl; being the owner of the Platform.

  11. Partner – the entity providing the Users, on the basis of an agreement with the Operator, sports and recreational services as part of the Programme, which may be used upon presentation of the Card and an identity document.

  12. Platform – the Operator's Internet platform dedicated to administering the MultiSport Programme available at: www.emultisport.pl.

  13. Payment – An actual activity performed under the Card Use Agreement consisting of payments made by the Platform User within the agreed payment deadlines for participating in the Programme.

  14. Programme/MultiSport Programme – a set of services selected by the Operator in accordance with the Client's requirements, available for Users registered by the Client on the terms and conditions specified in the Regulations, provided to them by the Operator and Partners during the term of the Agreement, as detailed in the Agreement and on the website www.benefitsystems.pl. Participation in the Programme allows the use of these services.

  15. Regulations – The present Platform Regulations and the Annex to the Regulations.

  16. Card Use Terms & Conditions – Annex No 1 to the Regulations.

  17. Registration –an activity performed as specified in the Regulations required for the Platform User to use all Platform features, including all Account features, which constitutes the Account Management Agreement.

  18. Card Use Agreement – a service contract entered into electronically via the Account between the Platform User and the Operator in accordance with the terms and conditions set forth in the Regulations, under which the Operator provides the Platform User with a participation service and provides the ordered Cards to use the services specified in the Programme, and the Platform User finances or co-finances the cost of participating in the Programme by making payments in accordance with set deadlines.

  19. Account Management Agreement – A free of charge electronic service agreement concluded between the Platform User and the Operator for an indefinite period of time for the purpose of managing the Platform Account for the User and making its features available.

  20. Basic Agreement – a service contract concluded between the Client and the Operator, specifying the rules for participation in the Programme by the Users and the dates for ordering the Cards, the period for which the Card may be ordered, the number of Cards of a given type available to the Platform User, and the possible scope of financing or co-financing the costs of the Card by the User.

  21. User – a natural person using the Programme, employed by the Client on the basis of an employment contract or cooperating with the Client on the basis of a commission contract, specific work contract, co-operation contract, service contract or other civil law agreement with similar legal effect. Users are also persons who are companions or children of the employee User registered by the Platform User.

  22. Platform User – a User identified by the Client with full legal capacity, who has entered into a Card Use Agreement.

  23. Card Ordering – an activity performed by the Platform User while using the Account generating the obligation of the Operator to provide the Programme participation services to the Platform User and to deliver the Ordered Card or activate it, entitling to use the services specified in the Programme without requiring the Platform User to submit any Payments.

§ 3

General Provisions

 

  1. Since the Basic Agreement is required to use the Programme, prior to using the Programme or Platform, the Platform User shall be informed of the extent and manner of using the Programme and Platform by his or her employer or contractor (the Client). The Operator provides information to the Platform Users through the Platform about the detailed rules for using the Programme and the Platform, including the Cards available. The current range of services available for each Card can be found at www.benefitsystems.pl. Changing to a different type of Card or amending User privileges for an individual Platform User is made by the Operator solely at the Client's request.

  2. All rights to the Platform, including financial copyright, intellectual property rights to its name, Internet domain, individual Platform websites, as well as templates, forms and logos belong to the Operator, or the Operator uses them on a license basis, and their use by the Platform User may only take place in a manner determined by and in accordance with the Regulations.

  3. The Operator reserves the right to place on the Platform advertising material of the Operator's goods and services in the forms used on the Internet.

  4. It is forbidden to use the Platform by Platform Users or third parties for submitting unsolicited commercial communication.

 

§ 4

Using the Platform

 

  1. Using the Platform means any activity of the Platform User, which leads to obtaining information from the contents of the Platform, subject to the provisions of § 5 of the Regulations.

  2. Using the Platform may only be carried out on the basis and within the scope indicated in the Regulations.

  3. Minimum technical requirements for using the Platform: primarily enabling JavaScript, accepting cookies and using one of the following Internet browsers: Internet Explorer version 8 or higher, Mozilla Firefox version 6 or higher, or Google Chrome version 10 or higher.

  4. In using the Platform, the Platform User is not allowed to interfere with the content, structure, form, graphics, or mechanism of the Platform.

  5. It is forbidden for the Platform User to provide unlawful content, or to use the Platform or services provided by the Operator in a manner that is against the law, immoral, or infringing on personal or third party rights.

  6. It is not permissible for the Platform User to use the Platform's resources and features for the purpose of conducting commercial, economic or advertising activity.

  7. The Operator declares that the public nature of the Internet and the use of electronic services may entail the threat of unauthorised access and modification of the Platform Users' data. Therefore, Platform Users should use appropriate technological means to minimise the risks identified above. In particular, Platform Users should use anti-virus and identity-protection programmes for Internet users. The Operator will never ask a Platform User for their Password.

§ 5

Account Management Agreement

  1. The Operator provides to the Platform Users free of charge Account Management services by electronic means 24 hours a day, 7 days a week, unless the Basic Agreement states otherwise.

  2. Setting up the Platform Account by the User is voluntary and occurs after registration. Registering means entering into the Account Management Agreement. Upon successful Registration, the Operator confirms the conclusion of the Account Management Agreement by submitting to the Platform User a Registration confirmation document.

  3. The Operator reserves the right to choose and change the type, form, period and manner of granting access to the Account Management service, of which he will notify Platform Users in a manner appropriate to amending the Regulations.

  4. To use the Account, it is required to enter the Login and Password provided by the Operator and log into the Account providing personal details: name, email address, and Card number (if the Platform User already holds the Card). The Platform User is obliged to create a new Password after the Registration. The Basic Agreement may specify another way of activating the Account, of which the Platform User will be informed by the Operator or Client.

  5. Access to the Account in accordance with the terms and conditions set forth in these Regulations is equivalent to enabling the Platform User to conclude the Card Use Agreements or to submit Card Orders.

  6. In the event that the Basic Agreement is terminated by the Operator or Client, or if the Platform User has lost his right to use the MultiSport Program by the Client’s decision, the Account is Deactivated. In this case, the Platform User loses his login access to the Platform and his right to use its services with the data created for the deactivated Account.

  7. Failure to submit payments by the Client for the obligations under the Basic Agreement entitles the Operator to lock the Account making it inaccessible. Once the outstanding balance is settled, the Account will be unlocked.

  8. At the first log in to the User’s Account (Registration):

  1. The user should complete all fields of the registration form unless the field is marked as optional,

  2. The information entered on the registration form should be true and apply only to the Platform User or Client,

  3. The User should read and confirm his understanding of the Regulations by ticking the appropriate box on the registration form,

  4. The User should consent to the processing of his/her personal data contained in the form to allow the implementation of services covered by the Programme.

  1. Registration is not possible without the User fulfilling the conditions specified in paragraph 8 of this Section.

  2. The Platform User is obliged to make every effort to maintain confidentiality and not allowing third parties access to the Password. In the event of any circumstance that the Password is in the possession of an unauthorised person, the Platform User is obliged to immediately notify the Operator of this fact, using the means of communication available. In such a situation, the Platform User should immediately change the Password using the appropriate feature of his/her Account.

  3. In addition to the situation described in paragraph 6 above, Account Deactivation will occur within 14 days of the following circumstances:

  1. obtaining information by the Operator from the Client that the Platform User has requested to terminate the Account Management Agreement (Account Deactivation);

  2. the Client's decision to revoke the Platform User's right to use the Programme;

  3. The death of the Platform User.

  1. The Operator is entitled to block access to the Account if the Platform User is acting to the detriment of the Operator, Client or other Users, due to the breach by the Platform User of the provisions of these Regulations, and also when blocking access to the Account and free services is justified by security reasons, such as breaking into the Platform’s Security or other hacking activity by the Platform User. In this case, the Account will be locked for as long as it is needed to resolve the underlying problem. The Operator notifies the User of locking the Account by sending an e-mail to the address specified in the Account information.

  2. The Account Management Agreement may be terminated by the Platform User at any time with a 14-day notice period. Termination is synonymous requesting Account Deactivation.

  3. The Operator creates and implements security measures against any unauthorised use, reproduction or dissemination of the content contained on the Platform’s Website. Platform Users agree to refrain from any attempt to remove or circumvent such security measures.

  4. Acceptance of these Regulations by the Platform User authorises the Operator to send to the Platform User at the e-mail address provided by him during Registration, information on the Account’s technical services, coverage by the Programme, its renewal - if the continuation of the Programme depends on the Platform User, and other messages of purely informational nature and related to the Platform User’s participation in the Programme.

  5. After providing additional consent on the Platform, the User may authorise the Operator to send information messages concerning the use of the Platform, ordering or paying for the Cards (including, e.g., reminders of the date to order the Card), to the phone number provided. The consent to such additional messages may be withdrawn, at any time, in the Account settings.

 

§ 6

Ordering the Card

(with Programme fully financed by the Client)

  1. The Platform User, whose participation in the MultiSport Program is entirely funded by the Client, submits a Card Order to use the services provided under the Programme. The range of services available to the Platform User is based on the terms of the Basic Agreement concluded between the Client and the Operator, which specifies in particular the rules for participation in the Programme, the rules and manner of ordering the Cards, the period of validity of the Cards, the number of Cards various types available to the User.

  2. To submit the Card Order, the Platform User checks the option "Add a new card" in his Account located in the "Start" tab of the Platform.

  3. In order to place a Card Order for a companion or child, the Platform User chooses the "Add New Card" option and further specifies the Card Type indicating the email address to which the Operator will send information on the Card Order to complete the required data and consent to the processing of personal data for the purpose of using the Card. The companion will receive information at the e-mail address specified about the need to supplement the data and consent to the processing of personal data in order to use the Card. The consent is required to obtain the Card. The Operator will submit to the Platform User information on completing the required information by the companion and providing their consent to the processing of personal data for the above mentioned purposes. On behalf of a minor child, the consent to the processing of personal data is provided by the parent or legal guardian. After conferring with the Client, the Operator may also make available to the Platform User the ability to attach a signed scan of a statement of the companion or parent/legal guardian of the child agreeing to the processing of personal data for the purpose of using the Card.

  4. Immediately after the Platform User submits the Card Order, an email will be sent to the email address provided in the Platform User's profile confirming the acceptance of the Card Order. Confirmation will also be available in the appropriate tab in the Platform User Account from the Platform User profile. Confirmation will include the following information: date, when the card will be active and possibly the period for which the Card was ordered.

  5. After the Card Order has been placed by the Platform User, the Operator shall deliver the Card(s) in the manner and within the time specified in the Agreement.

  6. The foregoing provisions do not exclude the possibility of simultaneous ordering by the Platform User a Card for themselves, without making payment by the Platform User pursuant to this paragraph, and ordering the Card for a companion or child along with required payment pursuant to §7 of the Regulations (Card Use Agreement). In this case, the provisions of § 7 below apply to the order of the Cards for a companion and child.

§ 7

Card Use Agreement

(Programme financed or co-financed by Platform User)

  1. The Platform User, who finances or co-finances the cost of participating in the Programme (for himself, a companion or a child) to use the services provided under the Programme, concludes the Card Use Agreement.

  2. Information on the detailed rules for using the Programme, in particular the amounts and dates of the Payments, are made available to the Platform User in a manner that enables them to review their content before proceeding to conclude the Card Use Agreement described in the following paragraphs.

  3. The Card Use Agreement is concluded for an indefinite period and may be terminated with a monthly notice period at the end of the calendar month.

  4. In order to conclude the Card Use Agreement for himself, the Platform User selects the "Order Employee Card" option. At the same time, the Platform User indicates whether the use of the services specified in the Programme is to commence before the expiration of the withdrawal period from the Card Use Agreement by selecting the appropriate option on the Platform.

  5. To order a Card for a companion or child, the Platform User selects "Add New Card" and specifies the Card type indicating the email address to which the Operator will send the Card information in order to complete the required data and consent to the processing of personal data for the purpose of using the Card. The companion will receive an e-mail address indicating the need to complete the data and consent to the processing of personal data in order to use the Card. The consent is required in order to use the Card. The Operator will submit to the Platform User information on the need for the companion to provide the information and consent to the processing of personal data for the purpose of using the Card. On behalf of a minor child, the consent to the processing of personal data is provided by the parent or legal guardian. After conferring with the Client, the Operator may also make available to the Platform User the ability to attach a signed scan of a statement of the companion or parent/legal guardian of the child agreeing to the processing of personal data for the purpose of using the Card.

  6. After selecting to order a Card for themselves or an additional Card for a companion or child, the Platform User chooses the "Pay Now" option in the corresponding Platform tab. Selecting the "Pay Now" option submits an offer to the Operator to enter into a Card Use Agreement. This offer is immediately accepted by the Operator by sending the Platform User a confirmation of the conclusion of the Card Use Agreement, referred to in the following paragraph. 7.

  7. As soon as the Platform User selects the "Pay Now" option, an automated message will be sent to the email address provided in the Account information confirming the Card Use Agreement. At this moment, the Card Use Agreement is concluded. The confirmation will also be available in the appropriate tab in the User’s Account accessible from the Platform User’s profile.

  8. Confirmation of conclusion of the Card Use Agreement will include the following information: the date from which the Card will be active, Payment dates, the manner and date of Card Delivery, the validity period of the Card (if applicable), and information on the right to terminate the Card Use Agreement.

  9. Upon the conclusion of the Card Use Agreement and submitting the Payment, the Operator shall deliver the Card(s).

  10. The amount of Payment binding the parties of the Card Use Agreement constitutes the amount of financing or co-financing by the Platform User of the cost of participation in the Programme, is specified in Polish zlotys, and is indicated on the Platform at the time of ordering the Card by the Platform User.

  11. The Operator will issue electronic invoices or receipts for the User's participation in the Programme paid through the Platform for the amount corresponding to the amount of Payment made.

§ 8

Payments

  1. Payments made on the Platform by means of a bank transfer or credit card made under the Card Use Agreement are managed by the Paying Agent - PayU SA based in Poznań at Grunwaldzka 182, entered into the Register of Entrepreneurs maintained by the District Court for Poznań - Nowe Miasto and Wilda in Poznań, VIII Commercial Division of the National Court Register under KRS number: 0000274399, with tax identification number NIP: 779-23-08-495.

  2. After entering into the Card Use Agreement and selecting the form of Payments via the system, the Platform User is automatically redirected to the Paying Agent's website.

  3. The Platform User makes Payments himself. The Operator shall not collect any fees from the Platform User for payments made through the Payment Agent.

  4. Failure to submit Payment within the deadline specified in the Card Use Agreement results in blocking the Card – i.e. suspending the right to use the services specified in the Programme. The Operator does not charge for participation in the Programme during the suspension period.

  5. In the event that the Card is blocked due to failure to make Payments for more than 9 consecutive months, the Operator may terminate the Account Management Agreement and the Card Use Agreement immediately. One month before the termination of the above agreements, the Operator will send an electronic message to the User in which he will notify the User of the planned termination of the Account Management Agreement and the Card Use Agreement.

  6. Any claims for non-performance or improper performance of Payment services may be submitted by the Platform User directly to the Paying Agent or to the Operator.

§ 9

Withdrawal from the Card Use Agreement and the Account Management Agreement

  1. The Platform User may withdraw from the Card Use Agreement in whole or in part without giving any reason, within 14 days of the conclusion of the contract, i.e. from the date of receipt of the confirmation of conclusion of the Card Use Agreement referred to in §7 (7) together with the instruction on the right of withdrawal. The Platform User shall withdraw from the Card Use Agreement by sending a written statement to the Operator's address in writing or in electronic form. For this, the Platform User may use the form according to the template provided in Annex 2 to the Regulations. The Platform User shall state in the statement: name, Card number or e-mail address (for identification purposes), and the extent to which he is withdrawing from the Card Use Agreement. The Platform User may additionally provide: the Client's name and the bank account number to which funds should be refunded.

  2. In the case of additional cards for a companion or a child, withdrawing from the Card Use Agreement concluded for an Employee Card also means withdrawing from the Card Use Agreement for all additional cards.

  3. If the Platform User withdraws from the Card Use Agreement, the Operator is obliged to refund to the Platform User the amount of funds paid by the Platform User himself for financing or co-financing the costs of the Card, in the form of a bank transfer to the account from which the payment was made as part of the Card Use Agreement.

  4. The refund will be made immediately, not later than within 14 days from the day the Operator receives a declaration from the Platform Operator to withdraw from the Card Use Agreement.

  5. If, at the express request of the Platform User, the use of the services specified in the Programme is to commence before the expiry date of the Card Use Agreement withdrawal period referred to in §9 (1) above, then the Platform User is obliged to pay for benefits fulfilled by the Operator as part of the employee card or additional cards until the Card Use Agreement is terminated, in the amount of 1/30 of the monthly fee for using the services specified in the Programme for each day of use of the service by the Platform User or additional card users. The Platform Operator has the right to deduct the above amount from the amount of benefit reimbursement referred to in § 9 (4) above.

  6. The Platform User has the right to withdraw from the Account Management Agreement without providing a reason within 14 days of the date of Registration (Account activation). The Platform User withdraws from the Account Management Agreement by sending a written statement to the Operator's address in writing or in electronic form. For this, the Platform User may use the form in accordance with the template provided in Annex 2 to the Regulations. The Platform User shall state in the statement: name, email address (for identification purposes) and Card number (if provided to the Platform User). As a result of the withdrawal from the Account Management Agreement, the Account is deactivated.

§ 10

Complaints

A Platform User may submit a complaint to the Operator in connection with the use of services provided electronically by the Operator, or relating to services provided as part of the MultiSport Programme. The complaint may be submitted in electronic form and sent to the Operator's address indicated in §16 paragraph 3, or to the operator's e-mail address at infolinia@benefitsystems.pl. In the complaint form, the Platform User should provide their Login and description of the problem. The operator shall, without delay, not later than within 14 days, process the complaint and send a reply to the mailing address or to the e-mail address of the User as stated in the complaint.

§ 11

Liability

  1. The Operator is entitled to interrupt or disrupt the provision of services by electronic means and the provision of access to the Platform for the following reasons:

    1. technical malfunction;

    2. modification, upgrading, expansion or maintenance of the telecommunication system or Operator’s software after informing the Platform Users by posting a message on the Platform;

    3. force majeure, actions or omissions of third parties (actions independent of the Operator) with whom the Operator has not concluded a contract;

  1. The Operator shall not be liable for the selection of services specified in the Programme due to the health condition or fitness of the User.

  2. The Operator shall not be liable for the consequences resulting from the failure of the User to comply with the provisions of the Regulations, including Annex No. 1 to the Regulations: "Card Use Terms & Conditions".

  3. The Operator shall not be liable to the Users for the following:

    1. inability to use the card at a specific Partner’s facility due to force majeure events beyond the control of the Operator;

    2. inability to use the Programme services for reasons created by the User, companions or children authorised by the User to use the services, or due to not fulfilling by the User, companion or children the terms stated in the Agreement and/or Regulations;

    3. inability or difficulty in using the Platform due to reasons created by the User;

    4. loss, or possession by third parties (regardless of how it was obtained) of the User’s Password. However, the Operator is responsible if the User’s Password is lost or obtained by third parties by the fault of the Operator, or for reasons for which the Operator is liable;

    5. damages caused by acts or omissions of the User, in particular for his use of the Platform in a manner incompatible with the applicable laws or regulations.

§ 12

Personal data

 

1.  The Operator is the controller of the personal data of the Platform Users which has been provided voluntarily to the Operator during Registration in the meaning of 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 (hereinafter GDPR) as well as within the framework of the provision of services electronically by the Operator. 

2.    The Operator processes personal data in accordance with the applicable law, in particular with the regulations on personal data protection. 

3.   The Operator processes the personal data of the Platform Users, because this is necessary for the performance of the agreement concluded with the User, including in order to: 

 a.    enable the provision of services electronically, place orders, activate and deactivate the card, order additional Cards if provided for in the Basic Agreement and make payments for these Cards,

 b.    provide technical support, set up and manage the Account, provide Account and transaction support;

 c.     contact, including for the purpose of providing services and handling complaints;

 d.    process data for tax and accounting purposes in accordance with the provisions of the law.

 4.    The Operator also processes the User’s personal data for the purposes specified below, based on the Operator’s legally justified interest, which is:

 a.    the handling of the User’s notices provided to the support department and through other means of communication: a helpline, a contact form, e-mail;

 b.    for contact purposes in a situation where they are not directly related to the performance of the agreement;

 c.     direct marketing related to the MultiSport Programme consisting in offering new products and/or services by Benefit Systems and aimed at improving the quality of services by examining the User’s satisfaction involving contacting the User through a communications channel chosen by the User;

 d.    the assurance of safety of services provided by the Operator electronically, including through the enforcement of the Platform’s Regulations and counteracting fraud and abuse and ensuring operational safety;

 e.    conducting analyses and keeping statistics; 

 f.     monitoring activity;

 g.    conducting research and analyses, including in terms of functionality of the Platform.

5.  The legal basis for the processing of personal data of Platform Users for the purpose of the Account is the Account Agreement entered into between the Operator and the Platform User, except for the phone number that is optionally processed by the Operator under User’s consent, enabling to use additional functionalities of the Account.

6.  The legal basis for processing the personal data of the Platform Users for the purpose of using the Card is the consent of the Platform User to the processing of the personal data expressed when ordering the Card.

7.  The Operator shall store the data of the Users for the following periods:

 a.       for the purpose of provision of the service of maintenance of the account – in the period of the Agreement of maintenance of the account being effective;

 b.      for the purpose of provision of the service within the framework of the MultiSport Programme – until the claims expire or until the User withdraws the consent for the processing of the personal data (whichever occurs first);

 c.       for direct marketing purposes, until the Card is deactivated or an objection is raised, depending on which event occurred first;

 d.      for the purposes related to tax and accounting obligations – to the extent and for the time specified in the applicable regulations.

 8.   The provision of any personal data is voluntary, although failure to do so prevents the Registration and creation of an Account, the performance of the agreement, and thereby the provision of the service, as well as the receipt of the Card.

 9.    Anyone who provides his personal data to the Operator is entitled to:

      a. withdraw his consent to the processing of his personal data;

 b. object to the processing of the data for marketing purposes;

 c. object to the processing of the data because of a special situation;

 d. transfer the data;

 e. access his data;

 f.  request the correction of his personal data;

 g. request the removal of his personal data;

 h. request the restriction of the processing of his personal data;

      i.  transfer his personal data, i.e. receive the personal data from the Operator in a structured, commonly used, machine-readable IT format.

In order to exercise these rights, the Platform User should contact the Operator or the Operator’s Personal Data Protection Supervisor at iod@benefitsystems.pl.

10. The User is also entitled to file a complaint to the supervisory authority responsible for personal data protection, i.e. the President of the Office for Personal Data Protection.

11. The Operator provides the ability to delete the personal data, especially if the Account is being deleted.  The Operator may refuse to delete the personal data if the Platform User breaches the applicable provisions of the law, whereas this personal data must be kept to clarify these circumstances and establish the Platform User’s liability.

12. The Operator protects the personal data provided to it and makes every effort to protect it against unauthorized access or use.  The data is protected by reasonable technical and organizational measures, as well as security procedures in order to secure it against unauthorized access or unauthorized use.  The personal data of the Users that is collected is treated as a separate database, kept on the Operator’s server, in a special security zone, ensuring appropriate protection. 

13. The Operator provides the personal data of the Users to the entities processing this data on behalf of the Operator: Partners, Customers, entities printing the Card, suppliers of additional services which are available as part of the MultiSport Programme, as well as the entities providing support and maintenance of IT systems and terminals.  The personal data of the Users may be provided to entities supporting the services provided electronically, which provide payment services in connection with payment for the MultiSport Programme Card, as well as supporting entities providing consulting or audit services, supporting Users, e.g. of the Helpline, supporting marketing activities and public authorities.

14. The Operator shall not transfer, sell or lend personal data of Users which it collects to other persons or institutions except the entities specified in clause 13, unless this takes place with the User’s express permission or at the User’s request, in accordance with applicable provisions of the law or at the request of the court, public prosecutor, police or other authorized body. 

15. The Operator may transfer the personal data of the Platform User, with the express consent of the Platform User, to the extent necessary for the performance of the Agreement on the Use of the Card to the Clearing Agent, if the Platform User makes Payments through the Clearing Agent’s system.

16. The Operator shall perform a profiling on the basis of the User’s personal data, which is an automatic assessment of certain personal factors regarding the User.  The Operator shall perform the profiling so as to properly prepare an offering.  The Operator will be able to match the product to the User’s expectations and preferences regarding the support of the Platform and the MultiSport Programme on the basis of the User’s profile.  In order to conduct the profiling, the Operator shall use data, e.g. on the size of the entity for which the User works, the size of the town in which the User uses the card, the use of sports facilities and the type of activities. Furthermore, during the profiling, the Operator shall take into account the statistical data on the same information.

17.  The User’s personal data will not be transferred outside the European Economic Area (EEA).

 

 

§ 13

Final Provisions and Amendments to the Regulations

  1. These Regulations shall come into force on the date of publication on the Platform website.

  2. The Annexes to the Regulations form an integral part thereof.

  3. The contents of these Regulations may be preserved by printing, saving or downloading at any time from the Platform.

  4. The Operator may amend these Regulations for important reasons, including:

  1. repealing, changing or introducing of new legal regulation, or issuing of resolutions by relevant authorities or state institutions, which apply to, or affect the Operator;

  2. introduction by the Operator of organisational or technological changes, including those related to User services, affecting User services;

  3. change or cancelling of current services, or introduction of new services by the Operator.

  1. The Operator will inform Platform Users of any changes to the Regulations by posting a notification on the Platform’s main website regarding changes to the Regulations, and keeping the notification up on the main website for a period of at least 14 consecutive days. Platform Users will also receive an e-mail from the Operator informing them of the changes to the Regulations.

  2. Informing of the amendment of the Regulations, as specified above, will take place no later than 30 days before the amended Regulations are introduced. If a Platform User holding an Account does not accept the new Regulations, he/she are obliged to inform the Operator within 14 days of the notification, which will result in the termination of the Account Management Agreement. Upon expiration of the notice period, the Account will be deactivated.

  3. In the event of a dispute arising on the basis of the Card Use Agreement or the Account Management Agreement, the parties will strive to resolve the matter amicably. The law applicable to the settlement of any disputes arising on the basis of these Regulations is the current Polish law.

§ 14

Communication with Platform User

  1. By entering into the Card Use Agreement, the Platform User and the Operator communicate:

    1. using the Platform (via the Internet) and
    2. by means of messages sent by the Operator to User’s phone number provided that the User has selected this option on the Platform.
  2. In the event of withdrawing from all or part of the Card Use Agreement, the Operator shall communicate with the Platform User in one of the following ways: by mail or by e-mail. In the case of complaints, the Operator shall communicate with the Platform User in one of the following ways: by mail, by telephone or by e-mail.

  3. The Operator indicates the following contact details necessary for proper communication with the Platform User in the cases indicated in paragraph 2 above: by mail: ul. Plac Europejski 2, 00-844 Warszawa, by phone: (22) 242 42 42, by e-mail: infolinia@benefitsystems.pl.

 

Annex No 1 to the "E-MULTISPORT" PLATFORM REGULATIONS

TERMS OF CARD USE WITHIN THE MUTLISPORT PROGRAMME

  1. Benefit Systems SA is the issuer of the card entitling to the use of services under the MultiSport Programme (hereinafter referred to as the "Card"). The Card may only be obtained through Benefit Systems SA, or companies belonging to the Benefit Systems SA Capital Group with whom Benefit Systems SA has entered into a cooperation agreement.

  2. The Card authorises the participant of the Programme (hereinafter referred to as "User") during its term to use the facilities of Benefit Systems SA partners (hereinafter referred to as "Partners") specified for the Card type at: http://www.benefitsystems.pl/multisport/obiekty.

  3. The Card is a personal card and cannot be shared with third parties. Selling or gifting the Card in any form to a third party is prohibited. It is forbidden to use the Card for profit. The User may only own one Card.

  4. The Card must be legibly signed by the User. It is forbidden to make any changes to the appearance of the Card except for signing the Card in the designated place.

  5. The User's personal data are processed in accordance with the applicable regulations to the extent that is necessary to provide services under the MultiSport Programme on the basis of the User's declaration on the processing of personal data submitted prior to the application for participation in the MultiSport Programme. Detailed information on the processing of personal data is available at https://www.benefitsystems.pl/polityka-prywatnosci/. Questions concerning the protection of personal data should be sent by e-mail to daneosobowe@benefitsystems.pl, or communicated over the telephone at +48 22 242 42 42 or by post to the following address: Benefit Systems SA, Plac Europejski 2, 00-844 Warszawa – with the note "Personal data" put on the envelope.

  6. Card ordering and participation in the MultiSport Programme is fully voluntary, which means that the User makes his/her own decision when registering for the MultiSport Programme and the persons entitled to it (accompanying persons and children). The User is entitled to withdraw from the service at any time as specified in the terms described in the agreement concluded with the Client, who under this agreement enabled the Users to use the MultiSport Programme (hereinafter referred to as the "Client"). Resignation from the MultiSport Programme means deactivation of the Card of the User and deactivation of the Cards of accompanying persons or children submitted by the User to the MultiSport Programme – at the end of the current settlement period specified in the agreement concluded with the Client.

  7. In order to use the services available in the Partner's facilities, the User is obliged to show the Card and proof of identity before using the facilities. In certain facilities, the User is obliged to additionally enter his/her initials to confirm the visit, or in any other way confirm the visit at a Partner facility. For non-school children, proof of identity is not required prior to using the Card.

  8. Before visiting a Partner facility, the User should read the information presented on the Partners’ pages available on the Benefit Systems SA website.

  9. An employee of Benefit Systems SA (or a person authorised by an entity cooperating with Benefit Systems SA) and an employee of a Partner are authorised to verify the Card and proof of identity, and to retain a Card that is not being used in line with its purpose or according to the Regulations.

  10. The User is obliged to observe the rules of operation of the Partner’s facilities, including in particular the use of the object during opening hours (if there are no additional restrictions). The Partner is entitled to collect a refundable deposit from the Card User who reserves the space for group activities in a given month. The deposit will not be refundable if the Cardholder does not appear for the reserved class and has not cancelled the reservation.

  11. In the interest of customer satisfaction, Benefit Systems SA suggests prior telephone contact with the Partner in order to ensure space is available (e.g. group activities).

  12. The User may file a complaint with Benefit Systems SA in connection with the use of the MultiSport Programme or Card orders. Complaints can be submitted in electronic form and sent to Benefit Systems at reklamacje@benefitsystems.pl, or in the written form and sent to Benefit Systems SA: Plac Europejski 2, 00-844 Warszawa with the note "MultiSport Card Complaint". In the complaint, the User should include his/her name, Card number, description of the problem, and request for specific action from Benefit Systems (User request). Benefit Systems SA immediately, but not later than within 14 days of receipt of the complaint, processes complaints and replies to the e-mail address or correspondence of the User, as stated in the complaint.

  13. All information related to accessing the services can be obtained by calling the helpline (22) 242 42 42.

  14. Loss, damage or theft of the Card should be reported to Benefit Systems SA without delay.

  15. The Card is the property of Benefit Systems SA. Benefit Systems SA is entitled to deactivate or retain the Card only in the event of a violation of the terms of these Regulations, or in the event of failure to receive payment for access to the Programme by the User in accordance with the terms of the Client Agreement. The Client is informed of the deactivation or retention of the Card if it is found to be in violation of the terms and conditions of these Regulations, and if the Card has been left at the Partner's facilities.

  16. The User is responsible for protecting the data appearing on the Card against unauthorised access.

  17. Benefit Systems SA reserves the right to amend these Regulations. Users will be informed of any changes to these Regulations on the Benefit Systems SA website, where the information on amendments to the Regulations will be posted and kept for at least 14 consecutive calendar days. Amendments to the Regulations come into force within 14 calendar days of their publication. The Regulations along with amendments are available on the following website: www.benefitsystems.pl/multisport/ under the Regulations tab.

 

 

Annex No 2 to the "E-MULTISPORT" PLATFORM REGULATIONS

Please note that the following statement refers to the right of withdrawal that applies according to the consumer law within 14 days from the date of conclusion of the card use agreement and first payment. In case the User intends to resign from the card from the next billing period it is sufficient that the user will not pay for the next period. The lack of payment for the next period results in automatic deactivation of the card.

Withdrawal from the Card Use Agreement Form template

The following template may be used to submit a request to withdraw from the Card Use Agreement:

 

Benefit Systems S.A.

Plac Europejski 2

00-844 Warszawa

bok@benefitsystems.pl

 

I hereby inform of my withdrawal from the Card Use Agreement.

 

First name and surname of Platform User …………………………………………...……………….

 

E-mail address, used during Platform Account registration ……………………………………………

Card number of Platform User (leave blank if Card was not provided to User)] …………..…………

Scope of withdrawal:

  1. Cancellation of Platform User Card: YES*/NO (circle choice)

 

* In accordance with the Regulations, when cancelling the Platform User Card it is not possible to retain any        additional cards.

and/or

 

  1. Cancellation of Companion Card YES/NO* (circle choice)

 

First name and surname of companion …………………………………………………………….…

* In accordance with the Regulations, when cancelling the Platform User Card it is not possible to retain any additional cards.

  1. Cancellation of Child Card: YES/NO* (circle choice)

First name and surname of child …………………………………………………………………….

 

First name and surname of child …………………………………………………………………….

First name and surname of child …………………………………………………………………….

* In accordance with the Regulations, when cancelling the Platform User Card it is not possible to retain any additional cards.

Full name of Employer of Platform User** …………………………………………………………..

Bank account number, to which payments shall be refunded** ………….……………………………

**Optional data, the provision of which will expedite the withdrawal process.

Withdrawal from the Account Management Agreement Form template

The following template may be used to submit a request to withdraw from the Account Management Agreement concluded with Benefit Systems:

Benefit Systems S.A.

Plac Europejski 2

00-844 Warszawa

bok@benefitsystems.pl

 

I hereby inform of my withdrawal from the Account Management Agreement.

 

First name and surname of Platform User ……………………………………………………………….

 

E-mail address ……………………………………………………………………………………………

Card number (if it was provided to the Platform User) …………………………………….……………