6 December 2019
Edrone is the first eCRM for e-commerce. Our goal is not only to provide the highest quality marketing automation services and an intelligent relationship with the customer at the e-store but also to inform you in a clear and transparent manner about the rules of using our services. We believe that only then it will be possible to build a long-term relationship with you. You may be surprised by the light style in which these terms and conditions are formulated. This is because we believe that rules described here will be clearer if we do not use the so-called "legal language". If you have any questions regarding these Terms and Conditions or our Services, please contact us before accepting them. We will answer all your questions.
Our terms and conditions clearly define the conditions for using the edrone.me Website and our services. Whenever the following capitalized terms are used in these Terms and Conditions, they shall be construed in the following sense, unless the context in which they are used makes it clear otherwise:
- Operator – it is our company, i.e. edrone Sp. z o.o. with its registered office in Kraków, entered in the register of entrepreneurs of the National Court Register kept by the District Court for Kraków Śródmieście in Kraków, 11th Commercial Division of the National Court Register under the number KRS: 0000537197, NIP [Taxpayer Identification Number]: 676-248-20-64, REGON (National Business Registry Number): 360228388 We are the owner of the Website and provide the Services specified in these Terms and Conditions. We will from time to time be referred to as “we" in these Terms and Conditions.
- Website – our internet Website edrone.me, operating at the following Internet address: https://edrone.me/
- User – it is you, our customer, who runs a business regardless of its form, a natural person, and by accepting these Terms and Conditions you gain access to the Services (you have created an Account for this purpose).
- Login – individual and unique e-mail address that is your unique identifier when using the Website.
- Password – sequence of at least 8 alphanumeric characters, with at least one capital letter and one small letter, at least one figure, specified by you and assigned to you. A password is required in order to enable you logging in to the Website and Mission Control. Security is the most important thing, therefore each User is obliged to keep the Password in strict confidence (not to disclose it to any third parties). The password can be changed in the Account Settings. If you forget your Password, you can recover it in a manner specified on the Website.
- Account – space made available to you on the Website in accordance with the Service Agreement, which allows the User to use additional features/services. The User can access their Account by entering their Login and Password. The User can log in to their Account after signing in to the Website.
- Trial Period – period of 14 (fourteen) days indicated by us, as the Operator, during which you, as the User, may use the Account for free. A free trial period is available only to users who have not entered into a License Agreement with us.
- Subscription Period – period in which the Account is used and for which the Subscription Fee was paid.
- Subscription Fee – total monthly fee for having an Account in the amount specified in the Subscription Plan.
- Subscription Plan – variant of your Account selected from the plans available on the Website.
- Price List– offer presenting the possibilities and prices of Subscription Plans offered by us and available on the Website.
- Report– summary of data collected on the Website in accordance with the parameters specified by you or the Website, which is created as part of the operation of our Website.
- Service(s) – service or services provided by us in accordance with the rules set forth in these Terms and Conditions.
- Content – text, graphic or multimedia elements (e.g. information about the Services, promotional videos, descriptions, comments), photographs of products, including works within the meaning of the Copyright and Related Rights Act, as well as images of natural persons which are posted and distributed by us, our contractors, you or another person using our Website.
- Account Settings or Mission Control panels – subpage of the Website where the Account Administrator can edit the Account settings.
- Service Agreement – agreement for the provision of services by electronic means entered into between you and us at the moment when you accept the Terms and Conditions, the content of which corresponds to the content of the Terms and Conditions. As far as services provided by electronic means are concerned, these Terms and Conditions constitute the terms and conditions referred to in Article 8 of the Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws of 2002, No. 144, Item 1204, as amended);
- End User – anonymous Internet user or a logged-in Internet user visiting your website or application for which your User Account has been created on the Website. Data concerning such a user (e.g. a potential customer of your e-store) are used by the Services available on the Website (based on your choice only).
GENERAL RULES ON THE USE OF THE Website AND SERVICES
- These Terms and Conditions define the rules on the use of the Website and the Services offered by us, as well as mutual rights and obligations.
- Please note that in order to use Edrone, your device must be suitable and meet the minimum requirements. It is essential for you to be able to benefit fully from our services.
- In order to use Edrone, you must accept these Terms and Conditions and the Data Processing Agreement (DPA). Without doing this, you will not create an Account, which is necessary to use our service. We discuss creating an account in paragraph 3 below.
- It is important that the access to the Account and Services offered on the Platform is granted only to the Users who have registered the Account in a manner indicated in the Terms and Conditions.
- The access to the Services provided by the Operator is possible after creating an Account on the Platform, as well as after fulfilling other conditions indicated in the Terms and Conditions, including payment for the Subscription Plan selected by you.
- We reserve the right to limit the access to certain Services offered through the Website to Users who do not meet a condition specified by the Operator. The reservations concerning the possibility of using the selected Services will be each time published on the websites of our Website.
- You must be aware that Edrone is not responsible for technical problems or limitations on your computer equipment that prevent or simply hinder you from using the Website and the Services it offers. Similarly, we are not responsible for your actions towards the End Users, i.e. your customers. That is your responsibility.
CREATING AN ACCOUNT
- In order to create an Account, we will ask you to fill in the registration form, in accordance with the rules set forth below, and send it to us by e-mail.
- In order to create an Account, you must enter the data marked as obligatory in the registration form. We will ask you to provide true and up-to-date data. In addition, you will have the opportunity to express your non-obligatory consent to the processing of your personal data so that we can, for example, send you our newsletter, which contains practical tips on how to run e-commerce better.
- We are supporters of double-opt in (see our post) and have been setting a good example since the very beginning. After completing the registration through the registration form, we will send you, to the e-mail address provided by you, a return message with information confirming the assignment of an individual Account to you and instructions on how to activate it. Once you activate it, you will gain access to the Edrone eCRM system.
- Similarly, we suggest that you use the double-opt-in mechanism for collecting and processing your customers' email addresses and phone numbers. In this way, you will ensure that your obligations as an entrepreneur under the current regulations are well covered and you will improve the reputation of your domain and IP address significantly, which will allow your messages to reach users' "inbox" type folders more often. The edrone system offers a set of features that allow you to use double opt-in.
- The important thing is that after a properly executed registration and activation you will have access to your account right from the Edrone website.
- As a registered User, after logging in, you will be able to edit your data and voluntarily add additional information to your Account.
- Remember that the full access to the Edrone Website and Services is available after placing a dedicated piece of code (tracker edrone) in the code of your website. In case you experience technical problems with the code placement, you can contact us for technical assistance at any time. We are there to help you.
AGREEMENT FOR THE PROVISION OF SERVICES BY ELECTRONIC MEANS
- We provide the following services through the Website:
- creation and use of an Account;
- entering into agreements for the provision of eCommerce services
- provision of eCRM services to you
- An agreement for the provision of the services referred to in points (a) and (b) above becomes effective when you successfully complete and accept (send us) the registration form creating an Account. Entering into the Service Agreement requires acceptance of the Terms and Conditions. In order to avoid any doubts, we assume that the Agreement for the provision of eCRM services is effective at the moment when you receive the VAT invoice for your Account, after sending the VAT invoice from edrone to the indicated e-mail address or after receiving payment for the selected subscription plan made using a credit or debit card or any other online payment method available within the Service.
- Consolidation, securing, making available and confirmation of important provisions of the Service Agreement for you are made by sending you an e-mail to the e-mail address provided by you in the registration form.
- The Service Agreement is entered into on the Platform in the language of your choice, for an indefinite period of time.
- In the event of any scheduled breaks, modernisations or other similar events, we may notify you of such events either via the email address provided by you or we may post such a notification on the Website.
- You may terminate the Service Agreement within the scope specified in the points (a) and (b) with immediate effect at any time by contacting us, as well as request deletion of your Account. Deletion of the Account is considered equivalent to resignation from the provision of eCRM Services that you have paid for (remember that the fees paid are not reimbursable). Your Account will be deleted as soon as you submit your request, no later than within seven business days.
- We may terminate the Service Agreement within the scope specified in the points (a) and (b) at any time if you substantially violate the provisions of the Terms and Conditions or undertake any activities that are illegal or objectively harmful to the Website. We will send our statement in this respect to the e-mail address you provided while creating your Account.
- By using Edrone in accordance with these Terms and Conditions or the Agreement, you will gain access to the following eCRM services:
- access to the applications that collect and process the data of non-logged Users (e.g. visitors to your website) on the basis of cookies, local storage or other technologies used in edrone.
- access to the applications that collect and process the data of the logged in Users (e.g. your customers) on the basis of the so-called edrone tracker;
- the possibility of segmenting the End Users on the basis of the collected data and selected criteria, i.e. an analysis that will allow you to better understand what is popular on your website;
- delivery of automatic messages, on your request, to a specific segment of users, which means that you send what your customers want to receive;
- delivery, on your request and through the available channel indicated by you, of the Services such as e-mail, text message, recommendation frame and other formats of recommendations displayed in your online store, popup, Push browser notifications, chat on the website or Messenger, other channels of communication that may become available to you in the future. Please note that changing the available channels of communication will not constitute a change to these Terms and Conditions;
- presentation of the list of the End Users on the basis of conditions or segments;
- possibility of uploading and downloading CSV file, for example, your customer database;
- access to the statistical data, attribution reports and message effectiveness reports allowing you to know how to better manage sales in your store.
- By choosing a Subscription Plan you can shape the range of Edrone services.
- The additional Service, i.e. system handling, which means the creation of target groups and configuration of the system operation on your order and according to the objectives indicated by you and on your behalf, is provided on the basis of individual arrangements.
- Once you activate your Account, you can use it for free throughout the Trial Period. After that, in order to make it possible for you to continue using Edrone, we will ask you to pay for the Subscription Plan of your choice. Upon your request, we can arrange an individual Subscription Plan for you.
- In the event that you choose a Subscription Period, we will send a VAT invoice for using our Services to your Account within 10 days from the day on which you choose a Subscription Plan. When we record your payment, we will begin providing the Service of your choice within 3 business days. On your request, we will send an invoice to the address specified by you during registration or in a separate Agreement, if such a separate Agreement is entered into.
- Please note that if you fail to pay the Subscription Fee by the deadline specified on the VAT invoice, we will entitled to block access to your Account. If you pay all of the late payments (Subscription Fee), we will immediately unblock access to your Account. Please note that the date of payment is the date on which our bank account is credited. During the blockade the Subscription Fee shall not be reduced.
- The Agreement will terminate at the end of the Subscription Period unless you select and pay for a new Subscription Plan, or upon deletion of your Account.
- We are honest with our customers and expect the same from them, so we reserve the right to block access to the Services during the Trial Period if:
- we have a reasonable doubt that the User has once again activated the Account after the Account has been previously deleted due to the expiry of the Trial Period;
- it is probable that the User used the Account and Services in a manner violating the provisions of these Terms and Conditions or generally applicable legal regulations.
- we have a well-founded concern that the database you have created has not been built in a lawful manner, in particular with the use of the double opt-in mechanism. Moreover, if you represent a marketing agency that sends messages to a database that is not owned by the sender of the message, we may block your account and deny you the right to use our Service;
- if you represent an online store, remember that we allow you to send messages only to a database whose controller or entity authorised to process such a database is the sender of the message.
RULES FOR USING EDRONE
- It is important for you to bear in mind that we have the right to modify the technical methods of providing the Services, in accordance with the scope and conditions of our rights and in accordance with the technical capabilities we have. In other words, the important thing is the effect you want to achieve, not the technology behind it.
- We put great emphasis on the security of message transmission and therefore take technical and organisational measures appropriate to the level of threat to the security of the Services we provide.
- We do our best, but while providing Services to you, we do not guarantee the collection of all the information that was to be saved for each End User (e.g. a customer in your store) and we do not guarantee saving his data.
- From the point of view of our mutual relations and the possibility of uninterrupted use of the Services, it is essential that you remember that you are obliged to:
- use our Services in a manner that complies with the provisions of law, these Terms and Conditions and, what is important, with the customs and rules of social coexistence adopted in a given area. It is very important that you use the Website in a manner that is not burdensome for other Users and does not disturb our work or the Website;
- timely pay VAT invoices and other collectively agreed costs;
- refrain from posting any content prohibited by law, in particular content violating the proprietary copyrights of third parties or their personal rights;
- not to take actions such as:
- spamming, i.e. sending or posting unrequested commercial information on the Website or posting any content that violates legal regulations (ban on posting illegal content);
- actions aimed at obtaining information not intended for you, including data belonging to other Users;
- unauthorised modification of content provided by us, in particular content provided via our Website;
- We are not liable in any way for any infringement of third party rights or for any damage to third parties being a result of or connected with any activities you carry out using the data collected by you in connection with the Services provided. In other words, it is you who is the boss here when it comes to relations with your customers and the manner in which, for example, you collect their personal data or communicate with them. We only give you the right tools and tell you how to do it right.
- It is important to act quickly and decisively, so you must immediately notify us (e.g. by e-mail) of any violation of your rights on the Website, as well as of any violation of the rules specified in the Terms and Conditions/ Reporting adverse events and reacting quickly increases trust in our Website in the eyes of others, including mailbox providers, which indirectly positively affects the sales results of your marketing activities in edrone.
- As an Operator, we may withdraw your right to use the Website, and we may restrict your access to a part or all of the resources available on the Website or the Services offered by us, with immediate effect, if you violate these Terms and Conditions, in particular if:
- you have provided, on the Website, data that is untrue, inaccurate or outdated, misleading or violating the rights of third parties;
- you have violated personal rights through the Service, in particular the personal rights of other Users;
- you have acted in any other manner which we consider to be reprehensible, contrary to applicable provisions of law or general principles of Internet use, contrary to the purposes for which the Service was created or detrimental to our reputation.
- If you have been withheld or denied the right to use the Website, you may not register again without our prior consent.
- You can delete your Account at any time, but all information stored on the Website that is related to your Account will also be deleted. By deleting your Account, you waive any further use of the Services that you have paid for on the Website. We will store only limited information about the fact that you have used our Services. We do this to protect your and our rights in the event of a dispute. For example, we will probably be able to help or dispel doubts if one of your customers or subscribers to the newsletter requests information about the basis on which they have received commercial information from you via edrone.
- We may also establish cooperation with the User by entering into a separate service agreement. In such a case, these Terms and Conditions will form an integral part of the agreement unless we decide otherwise.
- In the case of entering into a separate agreement on paper, it will prevail over these terms and conditions. In other words, the provisions of such an agreement will be more important than the provisions of these terms and conditions.
- In order to perform our Services as best we can, you authorise us to post certain content, as a part of your Account, on your Edrone-integrated website and online store, for example, recommendation frames, push notifications and chat or instant messaging windows. However, before we do this, we will discuss with you, via e-mail or communicator, how the content will work. You can also add part of the content to your website via the Mission Control graphics interface.
- Your Data, including the Customer Databases you have uploaded, will be deleted within 90 days from the date of termination of the provision of the service. It is a period of time during which you can, upon your request, have access to some of the information and reports on the operation of the system. After that time, the data will be further protected and will not be processed in any manner other than to protect your rights and the rights of your customers (e.g. accusations concerning spamming, opt-in, opt-out history) for the period of limitation of those claims. We assume that such a period it is three years.
- The edrone system was created for online stores. The customers of online stores put a lot of trust in them. This trust also results in the high reputation of our servers, IP addresses and domains. A high level of marketing communication and communication only with the email addresses whose owners have subscribed directly to the online store will also make your messages better treated by the email operators such as gmail, yahoo, etc. For that reason, we reserve the right to block access to the Services and even reserve the right to claim compensation from you if Edrone or our customers, or partners are exposed to or suffer damage as a result of your behaviour.
- Please note that the exclusive rights to Content made available/posted by us or our contractors on the Website, in particular the copyright, the name of the Website, the graphics, software and rights related to the databases, are protected by law and are owned by us or third parties with whom we have signed relevant agreements. If you wish to use our Content, please note that you need our express written consent. Otherwise, such use will be unlawful and may expose you to the risk of being liable for damages.
- When you post any Content on our Website, including but not limited to graphics, comments, opinions or statements on your Account or elsewhere on our Website, you grant us a non-exclusive, free license to use, store on a computer, modify, delete, supplement, publicly perform, publicly display, reproduce and distribute (particularly on the Internet) such Content worldwide. That allows us to, for example, promote our Website. That right includes giving us the right to grant sub-licenses to the extent justified by the performance of the Services, as well as the authorisation to perform by ourselves or through other entities the derivative copyrights in the scope of preparing, adjusting, transforming and translating a work within the meaning of the Polish Copyright and Related Rights Act of 4 February 1994. However, remember to independently respect the protection of intellectual property in your country and countries to which you send your messages unless they are contrary to Polish or EU law.
- Edrone is a commercial tool, which means that you have to pay for the use of particular Services provided by us on the Website, except for the Trial Period, which is granted to some Users.
- The detailed information on the amounts of Subscription Fees and the details of the individual Subscription Plans can be found in the Price List published on the Website (Remember that you are subject to the prices of the date of the beginning of the Trial Period).
- Subscription fees are paid by you in advance for each Subscription Period on the basis of a VAT invoice sent by us or your payment card may be charged by reccuring payment. In the case of certain shopping platforms, the Service Fee may be collected via the platform and then transferred to us. This is the case, for example, if you run your store on the Shopify platform.
- Remember that, in case of unsuccessful reccuring payment, after at least three retry, we presumeant that You have resigned from reccuring payment but only in this Subscription Period and we will send You VAT invoice which You should pay via bank transfer.
- The day of the month which is the date of commencement of the Subscription Period will be determined as the date of booking of the first payment. The Subscription Period ends with a date that corresponds to the initial day on which the Subscription Period began, or if there is no such day in the following month, on the last day of the month in question.
- The Subscription Fee may be paid by credit card or debit card.
- We want each User to adjust the scope of Services that we offer to their needs and capabilities, so you can always – by way of individual arrangements – ask us to modify your Subscription Plan.
- In order to facilitate payments, transaction data, including personal data, may be transferred to the operator that processes payments, i.e. PayLane Sp. z o.o. with its registered office in Gdańsk, address: ul. Norwida 4, postal code: 80-280, KRS: 0000227278. The data will be transferred only to the extent necessary to process the payment for the order.
- Personal data of the Website Users, e.g. your contact data included in your Account will be processed in accordance with the provisions 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 (”GDPR”).
- We are the controller of your personal data (we are referring here only to your personal data and under no circumstances to the data of your customers) – edrone Sp. z o.o. with its registered office in Kraków, entered in the register of entrepreneurs of the National Court Register kept by the District Court for Kraków Śródmieście in Kraków, 11th Commercial Division of the National Court Register under the number KRS: 0000537197, NIP [Taxpayer Identification Number]: 676-248-20-64, REGON (National Business Registry Number): 360228388.
- Your data are processed:
- based on article 6(2)(1)(b) GDPR, i.e. the processing is necessary for the performance of the Agreement to which you are a Party, or to take actions, upon your request, before entering into the Agreement, to the extent that is necessary for you to enter into this Agreement. The provision of such data is a contractual condition without which the Services may not be provided by us.
- based on article 6(1)(a), i.e. to send, with your prior consent, information about the Operator, in particular information of a promotional nature such as adding new features or organising Facebook Live by Edrone. You may revoke your consent at any time without affecting the lawfulness of any processing previously carried out on the basis of your consent prior to its revocation; please note that giving consent is voluntary and if you refuse to do so, it does not mean that you cannot use the Website.
- based on article 6(1)(f), i.e. processing is necessary for the purposes resulting from legitimate interests realised by us or by our partners in the field of displaying content. In other words, "legitimate interest" means, for example, the ability and making it easier for you to contact us in order to test the functionality of your Account.
- Please note that providing personal data for the purposes set forth in paragraph 3(b) mentioned above, i.e. giving your consent to receive commercial information voluntarily, may be revoked at any time upon your request via the e-mail address provided by the User in the registration form. We ask you to be patient, for technological reasons, within two business days from the receipt of your request (in other words: from reading your request), we remove your e-mail address or telephone number from the contact database used for sending commercial information.
- Compliance with GDPR is very important to us, therefore when it comes to the personal data of End Users (your Customers), you must remember that only you are the controller of personal data. If you are unsure whether your business and your customer database comply with the law, you must tell us about it or have a proper audit carried out. In order to be able to provide our Services, we will need you to entrust us with the personal data of End Users to the extent and for the purpose specified in a separate data processing agreement. You may find a link to the current DPA text here.
- Personal data are stored for the period necessary to protect not only the interests of your customers, but also your own interests.
- At any time, you have the right to access, modify, delete or restrict the processing of your personal data. Remember that you have the right to object to the processing as well as the right to transfer your data;
- If your rights are violated, you may file a complaint with a supervisory authority.
- Your opinion is very important to us. Therefore, you can always make complaints about participating in the Website and about the services available through the Website.
- Complaints may be submitted by post to the following address: edrone.me, ul. Lekarska 1, 31-203 Kraków, and since July 2018 to the following address: ul. Lekarska 1, 31-203 Kraków, or via e-mail: firstname.lastname@example.org, with an annotation: “Complaint”. The complaint should include:
- name and surname of the person who files the complaint / company and login
- correspondence address (in the case of a complaint submitted by post) and e-mail address (in the case of a complaint submitted by e-mail);
- a precise description of the event giving rise to the complaint;
- claims of the person who files a complaint.
- Complaints may be submitted by you within 60 (sixty) days from the date of occurrence of the event giving rise to the complaint. The date of the postmark on the envelope containing the complaint letter and, in the case of a complaint submitted by e-mail, the date of sending the complaint by e-mail, shall determine whether the deadline for the complaint is met.
- Only complaints submitted by letter or sent by e-mail within the period specified in paragraph 3 and which include the data and information specified in paragraph 2 above will be considered. Otherwise, we simply cannot process them (we do not know who we should reply to).
- After receiving a complaint, we will respond to it immediately, not later than within 14 (fourteen) business days from the date of receipt of the complaint. After exhausting the complaint procedure, you have the right to pursue the outstanding claims in a common court competent locally in accordance with the provisions of the Code of Civil Procedure.
- We take responsibility for the course of the complaint procedure.
AMENDMENTS TO THE TERMS AND CONDITIONS
- The Terms and Conditions come into force on the date of their publication on the Website.
- We reserve the right to amend these Terms and Conditions in the event that even one of the following important reasons occurs:
- change of the law regulations governing the provision of our services by electronic means, which affects our mutual rights and obligations (e.g. GDPR coming into force) or change of the manner in which the law is interpreted resulting from court rulings, decisions, guidelines issued by competent authorities or bodies;
- change in the manner in which services are provided electronically caused solely by technical or technological reasons (e.g. change in the conditions of hosting);
- change in the scope of our services to which the provisions of these Terms and Conditions apply by introducing new Services or withdrawing currently offered Services.
- Please note that if the Terms and Conditions are changed in accordance with the above rules, you have the right to terminate the Agreement within 14 days from the date of being notified of the change in the Terms and Conditions well in advance.
- Notification of the change in the Terms and Conditions will be made 14 days before the planned change of the regulations.
- In the case of changes in the Terms and Conditions, we will make the uniform text of the Terms and Conditions available by publishing it on the Website and by sending you a message to your e-mail address.
- The Agreement entered into with Edrone is subject to the law of the Republic of Poland and to the jurisdiction of the common courts of the Republic of Poland unless the applicable provisions of the law state otherwise. Any disputes arising between you and us shall be dealt with by the court having jurisdiction over the registered office of Edrone.
- We may modify the technical manner in which the services referred to in these Terms and Conditions are provided, in particular for technological reasons (development of browsers and technologies), provided that the quality of services is not impaired and that such a modification does not affect the scope of our mutual rights and obligations.
- The Operator provides technical and organisational measures appropriate to the level of threat to the Services provided to you.
- The content of the Terms and Conditions is available for free here: Terms and Conditions You can display it or print it at any time.
ACCEPTANCE OF THE TERMS AND CONDITIONS AND USER’S STATEMENT
Remember! By creating an Account, you represent that you understand and accept the rules under which we will be delivering our Services to you.