Terms and conditions of the Customer Account / Download Center

1. Definitions

1. Account – a free functionality of the Website (service provided electronically by the Service Provider) that allows Users to:

• Remote access to technical documentation
• Access to software update file
• Other product materials available after authorized registration

2. Internet service – the Internet service operating at www.plummac.com

1. Service Provider – Plum Sp. z o.o. with its registered office in Ignatki at 19 Wspólna Street, postal code 16-001 Kleosin.
   Entered in the Register of Entrepreneurs of the National Court Register kept by the District Court in Bialystok XII Economic Department of the National Court Register under the KRS number 000015369. With a share capital of 2355800.00 PLN, NIP 966-14-27-390, BDO registration number: 000009381.
2. Client – the entity that purchased the device from the Service Provider
3. Potential customer – an entity interested in purchasing equipment from the Service Provider, conducting negotiation/pre-contractual activities with the Service Provider
4. Customer representative – a person acting on behalf of the customer
5. Representative of the Potential Customer – a person acting on behalf of the Potential Customer
6. User – Customer’s Representative or Potential Customer’s Representative verified by the Service Provider
7. Terms and Conditions – these terms and conditions of the customer account

 2. Technical requirements

1. To create an Account and use it, you must have:

• A device (e.g., computer, cell phone, tablet) with access to the Internet and an active web browser version. No lower than Microsoft Edge 42, Firefox 62, Opera 55, Chrome 69, Safari 12
• a mobile device with an operating system: Android and iOS – in case of using the Account via a mobile device
• active e-mail address.

1. The cost of connection to the Internet shall be borne by the User. According to the content of the contract between the User and his telecommunications operator.

 3. Creating an Account

1. An Account can be established by using the Website.
2. The establishment and use of an Account is free of charge and voluntary.
3. An Account is established by completing the appropriate registration form on the Website.
4. After submitting the registration form, the Service Provider shall verify the data provided therein for the status of Customer Representative or Potential Customer Representative.
5. If the data is positively verified, the Service Provider sends an activation link to the e-mail address provided in the registration form. Activation completes the process of creating an Account.
6. When setting up an Account, you should use your own e-mail address, which will be the login to the Account.
7. When setting up an Account, the User’s individual password must be set.
8. Setting up an Account requires acceptance of the Terms and Conditions.
9. At the moment of creating an Account, a contract is concluded between the User and Service Provider a contract for maintaining the Account under the terms specified in the Regulations.

4. Use of the Account

1. The Account can be used through the Website.
2. The use of the Account is possible after logging in.
3. In order to log in to the Account, you must use the data (login and password) provided when you set up the Account (or when you last changed your Account settings in this regard, if such a change took place).
4. The Account allows the User to:

• Download technical documentation and other documents on the Service Provider’s products
• Access to the software update file

 5. Terms and conditions of the Account agreement

1. The Account Agreement is concluded for an indefinite period of time.
2. It is forbidden for the User to provide content of an unlawful nature. As well as to undertake actions that cause threats to the Website and its functioning.
3. It is forbidden for the User to make any attempts to modify, decompile, disassemble or break the source code of the Website and use them for commercial purposes.
4. The User is obliged to use the Website in a manner consistent with the Regulations. Generally applicable laws, rules of social coexistence and good morals.
5. Notwithstanding the rights vested in the parties to the Account Agreement under the provisions of generally applicable law, the User may resign from the Account at any time without giving any reason or incurring any costs. For this purpose, the User should send to the Service Provider, at the email address: marketing@plummac.com his/her resignation. Resignation will result in immediate deletion of the Account and termination of the agreement in this regard.

 6. Complaints

1. The Service Provider is responsible for the proper provision of the Account service under the provisions of generally applicable law.
2. Complaints regarding the Account should be reported to the Service Provider. E.g. to the email address: marketing@plummac.com in person, by correspondence to the postal address (address details are given in § 1.3 of the Regulations).
3. The Service Provider will respond to the complaint within 14 days of receiving the complaint notification.
4. The User will be notified of the Service Provider’s decision on the submitted complaint. In the manner in which he submitted the complaint or in another agreed manner.
5. The Service Provider informs that if the Service Provider does not accept the complaint. The complainant, in addition to the possibility of pursuing his claims in court, is entitled to:

• The right to use the assistance of the relevant authorities designated for consumer protection matters. Including, but not limited to, the County (City) Consumer Ombudsman or the Trade Inspection required to provide free assistance to consumers to the extent provided by law. For the purpose of obtaining the relevant assistance, one should apply to the authority competent for the place of residence of the Consumer;
• the right to use the procedure for out-of-court resolution of consumer disputes conducted under the provisions of the Act of September 23, 2016. On out-of-court resolution of consumer disputes; for this purpose. The Consumer should submit an application to the authorized entity competent for the Service Provider (the register of entities can be found at:https://uokik.gov.pl/rejestr_podmiot_uprawnionych.php  );
• The Consumer may also use the ODR platform available at: https://webgate.ec.europa.eu/odr/main/?event=main.home.show&lng=PL.

 7. Personal information

1. The administrator of the Users’ personal data is the Service Provider – Plum Sp. z o.o. with its registered office in Ignatki, 19 Wspólna St., postal code 16-001 Kleosin.
2. The Users’ personal data is collected and processed by the Service Provider in order to execute the agreement concluded with the User for the provision of the Account service and to secure possible claims.
3. In connection with the processing of personal data, the User has the right to:

• Access to personal data (Article 15 RODO );
• rectification of personal data (Article 16 RODO );
• request the erasure of personal data in the cases specified in Article 17(1), subject to the exceptions specified in the provision of Article 17(3) RODO;
• request restriction of data processing in the cases specified in Article 18 RODO;
• to transfer data in the cases specified in the provisions of Article 20 RODO;

1. The User also has the right to lodge a complaint with a data protection supervisory authority in the event that. In processing the User’s personal data, the Personal Data Controller violates data protection laws.
2. If the Personal Data Controller processes the User’s personal data on the basis of consent. The User has the right to withdraw consent at any time. Without affecting the validity of the processing that was carried out on the basis of consent before its withdrawal.
3. In addition, the Personal Data Controller informs that, for reasons related to the User’s particular situation. The User has the right to object to the processing of his/her personal data, including profiling. Where the basis for processing by the Personal Data Controller is the legitimate legal interest of the Personal Data Controller (Article 6(1)(f) RODO).
4. Detailed information on data processing and data protection is provided in the Privacy Policy.

 8. Final provisions

1. The Service Provider has the right to change the provisions of the Regulations. Changes to the provisions of the Regulations may occur in cases:

• changes in the provisions of law having a direct impact on the content of these Regulations. Or the imposition of certain obligations on the Service Provider by state authorities state authorities. The change of the Terms and Conditions takes place adequately to the circumstances,
• change of the Service Provider’s data. The change of the Regulations takes place in the scope of the changed data of the Service Provider,
• introduction of functional changes to the Account involving the need to modify the provisions of the Regulations. To the extent resulting from these changes,
• the need to improve the protection of Users’ privacy and prevent abuse. To the extent resulting from this need,
• changing the technical conditions for providing the service of maintaining the Account. To the extent resulting from this change,
• the need to correct typographical errors or ensure that the provisions of the Regulations are unambiguous. To the extent appropriate to the errors committed or ambiguities that have occurred,
• change or entry into force of new interpretations of the law – to the extent adequate to the change.

 9. Other

1. Information about the planned changes to the Terms and Conditions will be sent to the User’s e-mail address assigned to his Account.
   At least 14 days prior to the planned implementation of the changes.
2. The User who does not agree with the proposed changes has the right to resign from the Account. Resign by sending information in this regard to the e-mail address of the Service Provider: marketing@plummac.com. The contract for the provision of the service of maintaining the Account shall be terminated at any time selected by the User. But no later than the effective date of the changes to the regulations not accepted by the User.
3. In matters not regulated by these Regulations, the provisions of generally applicable law shall apply.
4. These Regulations are effective as of 01.10.2022.

Terms and conditions of the Customer Account / Download Center