Newsletter Terms and Conditions

I am pleased that you want to subscribe to my Newsletter.

These Terms and Conditions set out the rules for subscribing, sending, using, and processing personal data within the Newsletter. Please read them before subscribing to the Newsletter.

The provider of the Newsletter service is Mailer Lite Limited, Ground Floor, 71 Lower Baggot Street, Dublin 2, D02 P593, Ireland.

I. DEFINITIONS

Administrator – the controller of personal data within the meaning of the GDPR, i.e. Kinga Miśkiewicz, conducting business activity under the name Prisma Digital Atelier Kinga Miśkiewicz, Tax Identification Number (NIP): 7331366649, Niesułków Kolonia 59A, 95-010 Stryków,
Subscription Form – an electronic form available on the Website and/or other websites owned by me, enabling subscription to the Newsletter.
Consumer – a natural person entering into a Contract for purposes not directly related to their business or professional activity.
Lead Magnet – Digital Content made available in exchange for subscribing to the Newsletter, providing personal data and giving the consents specified in the Terms and Conditions, without the need to make a monetary payment.
Newsletter – a service provided electronically to the Subscriber, consisting of the delivery of Digital Content and/or Digital Services. Receiving the Newsletter without making a monetary payment requires the provision of personal data and the granting of consents specified in the Terms and Conditions.
Privacy Policy – a document setting out the rules for the processing of personal data by the Administrator, available at: www.prismaatelier.com/privacy-policy.
Trader – a natural person, legal person or organisational unit without legal personality to which legal capacity is granted by law, conducting business or professional activity in their own name and performing legal acts directly related to such activity.
Trader with Consumer Rights – a natural person entering into a Contract in connection with their business activity, where it follows from the Contract that it is not of a professional nature for that person, having regard to the subject matter of their business activity, in accordance with the provisions on the Central Register and Information on Economic Activity.
Terms and Conditions – this document.
GDPR – 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.
Website – the website available at www.prismaatelier.com and all its subpages.
Subscriber – a person who has subscribed to the Newsletter and entered into the Contract. Whenever the Terms and Conditions refer to “you”, “your”, etc., this shall mean the Subscriber or a person intending to enter into the Contract.
Digital Content – any content produced and delivered in digital form, in particular content provided as part of the Newsletter service, including e-mails, PDF files, videos, graphics, guides, e-books or other digital materials.
Contract – a distance contract concluded using means of distance communication concerning the supply of Digital Content and/or Digital Services to the Subscriber.
Digital Service – a service enabling the Subscriber to create, process, store or access data in digital form, as well as to share such data with other users of the service, or other forms of interaction using data in digital form.
Order – a declaration of intent of the Subscriber submitted via the Subscription Form, directly aimed at concluding the Contract.

II. GENERAL INFORMATION

My name is Kinga Miśkiewicz and I conduct business activity under the name Prisma Digital Atelier Kinga Miśkiewicz.
The Newsletter service on the website www.prismaatelier.com and its subpages may be used after submitting the Subscription Form and confirming the subscription through an activation link (double opt-in procedure).
For any matters related to the Newsletter service, you may contact me via:
1) correspondence address: Kinga Miśkiewicz, Niesułków Kolonia 59A, 95-010 Stryków,
2) e-mail address: kinga@prismaatelier.com or contact@kingamiskiewicz.com,
3) contact form available on the Website.
I respond to messages from Monday to Friday between 9:00 a.m. and 4:00 p.m.
The Website and the Newsletter service are not directed to persons under 16 years of age. Independent consent to Newsletter subscription may only be given by individuals who are at least 16 years old. Persons under 16 years of age may subscribe only with the consent of a legal guardian. I reserve the right to verify age.

III. PURPOSE OF THE TERMS AND CONDITIONS

These Newsletter Terms and Conditions set out the rules for using the Newsletter service, the manner of concluding and terminating the Contract for the supply of Digital Content and/or provision of Digital Services, technical requirements, the complaint procedure, as well as the rights and obligations of the Subscriber and the principles of personal data protection.
These Terms and Conditions are made available to you free of charge prior to commencing use of the Newsletter service. You may access them via the relevant link in the Subscription Form or in the footer of the Website. The Terms and Conditions are provided in a format enabling you to download, store on a durable medium, or print them for your personal use.

IV. TECHNICAL REQUIREMENTS

In order to use the Newsletter service, Digital Content, and Digital Services, you must have a device enabling access to the Internet, equipped with a functioning operating system (e.g. Windows, Mac OS, Android), such as a computer, laptop, or smartphone.
The device should have an up-to-date version of an internet browser supporting HTML5, ensuring proper access to Internet resources, e.g. Mozilla Firefox, Google Chrome, Safari, Opera, or other compatible browsers supporting cookies.
To receive Newsletter messages, you must have an active e-mail account that enables receipt of messages with attachments, as well as access to software capable of opening electronic files in the formats in which the content is delivered (e.g. PDF, DOCX, XLSX, MP4).
It is prohibited to transmit unlawful content, spam, or other prohibited materials, including via the Subscription Form.
To ensure the security of the Newsletter service, I apply appropriate technical and organisational measures corresponding to the level of risk, including in particular:
1) SSL certificate enabling data encryption,
2) verification mechanisms (e.g. reCAPTCHA),
3) data processing agreements with external service providers where applicable.
Use of the Newsletter involves certain risks inherent to the Internet, such as viruses, phishing, spam, or hacking attempts. To minimise these risks, I recommend:
1) installing antivirus software with an up-to-date virus database,
2) enabling a firewall,
3) regularly updating the operating system, browser, and software,
4) exercising caution when opening attachments and links in e-mail messages.
You bear responsibility for compliance with the technical requirements and for the security of your hardware and software. Non-compliance with the above requirements may prevent receipt of the Newsletter or proper use of Digital Content and/or Digital Services.

V. NEWSLETTER SUBSCRIPTION

To subscribe to the Newsletter, you must complete the Subscription Form available on the Website and confirm your subscription and e-mail address by clicking the activation link sent in the first message after submitting the Subscription Form (double opt-in procedure).
To receive the Lead Magnet, you must complete the Subscription Form available on the Website, select the appropriate Lead Magnet option, and confirm your subscription and e-mail address by clicking the activation link sent by e-mail after submitting the Subscription Form (double opt-in procedure).
The Lead Magnet will be sent to the e-mail address provided in the Subscription Form. If you do not receive the message, please contact me at: kinga@prismaatelier.com or contact@kingamiskiewicz.com.
During the subscription process, you must provide accurate and truthful data. It is not permitted to provide data of third parties. Use of the Newsletter and receipt of Digital Content and/or Digital Services is not possible anonymously.
Upon confirmation of the subscription, a Contract for the provision of the Newsletter (Contract for the supply of Digital Content and/or provision of Digital Services) is concluded for an indefinite period.
To conclude the Contract, it is necessary to accept the Terms and Conditions and the Privacy Policy, as well as to give the consents required in the Subscription Form, in particular consent to receive commercial and marketing information by electronic means, and consent to the use of telecommunications terminal equipment for direct marketing purposes.
The consents are voluntary; however, they are necessary for the provision of the Newsletter service. You may withdraw your consent at any time by clicking the unsubscribe link in any Newsletter e-mail or by contacting me as indicated in Section II.3. Withdrawal of consent results in termination of the Newsletter service and the provision of Digital Content and Digital Services, in accordance with the rules set out in the Terms and Conditions.
The Newsletter, Digital Content, and Digital Services are provided free of charge. The condition for receiving them is the provision of personal data (name and e-mail address) and the granting of consents required in the Subscription Form. If you do not wish to provide your personal data, you may obtain access to the Newsletter, Digital Content and/or Digital Services on a paid basis. Details are provided in Section VII “Paid access to the Newsletter”.
The Newsletter is sent at a specified frequency to the e-mail address provided in the Subscription Form. I reserve the right to temporarily or permanently discontinue its distribution.

VI. WITHDRAWAL AND UNSUBSCRIPTION FROM THE NEWSLETTER

A Consumer and a Trader with Consumer Rights has the right to withdraw from the Contract within 14 days of its conclusion without giving any reason. Withdrawal from the Contract means unsubscribing from the Newsletter. To withdraw from the Contract, you must submit a statement via one of the following methods:
1) e-mail contact at: kinga@prismaatelier.com or contact@kingamiskiewicz.com,
2) postal correspondence to: Kinga Miśkiewicz, Niesułków Kolonia 59A, 95-010 Stryków.
A model withdrawal form is set out in Annex No. 2 to the Consumer Rights Act and is available here.
The withdrawal statement may be submitted using the form made available by me on the Website here, however this is not mandatory.
To meet the withdrawal deadline, it is sufficient to send information on exercising the right of withdrawal before the expiry of the deadline.
If a Consumer or a Trader with Consumer Rights requests the supply of Digital Content and/or the commencement of the Digital Service before the expiry of the withdrawal period, they shall lose the right of withdrawal referred to in paragraph 1 above.
The Newsletter service under the Contract is provided for an indefinite period and shall continue until you unsubscribe or it is terminated by me.
You may unsubscribe from the Newsletter at any time, without giving any reason, via one of the following methods:
1) clicking the unsubscribe link included in each Newsletter e-mail,
2) e-mail contact at: kinga@prismaatelier.com or contact@kingamiskiewicz.com,
3) postal correspondence to: Kinga Miśkiewicz, Niesułków Kolonia 59A, 95-010 Stryków.
I reserve the right to discontinue the Newsletter service and remove Subscribers from the list in case of inactivity, in particular where messages are not opened for at least 12 months.
After unsubscribing from the Newsletter, your personal data may be retained only for the period necessary to pursue or defend against claims, based on the legitimate interest of the Controller, in accordance with the Privacy Policy and the GDPR.

VII. PAID ACCESS TO THE NEWSLETTER

If you do not wish to provide your personal data and subscribe to the Newsletter under a free Contract for the supply of Digital Content and/or Digital Services, but still wish to access it, you may obtain it on a paid basis. To do so, please contact me by sending an e-mail to: kinga@prismaatelier.com or contact@kingamiskiewicz.com.
The terms of sale and the price for Digital Content and/or Digital Services are determined individually in e-mail correspondence.

VIII. INTELLECTUAL PROPERTY RIGHTS

All Digital Content and Digital Services provided within the Newsletter, including photographs, texts, and graphic elements, are protected by copyright law. I do not consent to their distribution to third parties or their sale in any form.
Materials provided within the Newsletter, Digital Content, and Digital Services may be used by you only after entering into the Contract and solely for your own personal use, in accordance with applicable law. I grant you a non-exclusive, non-transferable licence for this purpose, without the right to grant sublicences. The licence does not include the right to modify the materials or create copies for purposes other than personal use.
Intellectual property rights are protected by law.

IX. PERSONAL DATA AND COOKIES

The Controller of personal data is Kinga Miśkiewicz conducting business activity under the name Prisma Digital Atelier Kinga Miśkiewicz.
The Controller may be contacted via:
1) correspondence address: Kinga Miśkiewicz, Niesułków Kolonia 59A, 95-010 Stryków,
2) e-mail address: kinga@prismaatelier.com or contact@kingamiskiewicz.com,
3) contact form available on the Website.
Personal data are processed in accordance with the GDPR and the Personal Data Protection Act.
In order to subscribe to the Newsletter, the Controller processes personal data in the form of a name and e-mail address. Providing this data is voluntary; however, it is necessary to subscribe to the Newsletter.
Detailed rules regarding data processing, Subscribers’ rights, information on data recipients, and the use of cookies and other technologies are set out in the Privacy Policy.

X. COMPLAINTS

As a Consumer or a Trader with Consumer Rights, you have the right to submit a complaint in the event of non-conformity of the Newsletter service, Digital Content and/or Digital Services with the Contract.
I am liable for any lack of conformity of the Newsletter service, Digital Content and/or Digital Services with the Contract that existed at the time of delivery and becomes apparent within two years from that moment, in accordance with the Consumer Rights Act of 30 May 2014.
You may submit a complaint in any form:
1) electronically to the e-mail address: kinga@prismaatelier.com or contact@kingamiskiewicz.com,
2) in writing to the address: Kinga Miśkiewicz, Niesułków Kolonia 59A, 95-010 Stryków.
The complaint should include data enabling identification and a description of the subject of the complaint as well as your request. It is recommended to provide additional information, such as the type and date of the irregularity; however, this is not mandatory and does not affect the validity of the complaint.
In order to handle the complaint, you are required to cooperate with me to the extent necessary to determine the cause of the non-conformity, in particular by providing additional information or materials. Such cooperation should be reasonable and use the least burdensome technical means available to you (e.g. e-mail, telephone).
A response to the complaint will be provided within 14 days of its receipt and delivered in the same form in which the complaint was submitted, unless you indicate a different preferred method of contact.
I shall not be liable for any lack of conformity of the Newsletter service, Digital Content and/or Digital Services with the Contract where:
1) your hardware, software or digital environment does not meet the minimum technical requirements set out in the Terms and Conditions, which you had the opportunity to review before entering into the Contract and of which you were clearly and comprehensibly informed,
2) you fail to cooperate, within a reasonable scope and using the least burdensome means available, in order to determine the cause of the non-conformity, despite my request to provide necessary information or materials.
Personal data provided in connection with a complaint are processed solely for the purpose of handling the complaint, in accordance with the Privacy Policy.

XI. OUT-OF-COURT DISPUTE RESOLUTION

I agree to resolve any disputes arising in connection with Contracts concluded under these Terms and Conditions amicably, in particular by means of mediation proceedings.
The Consumer has the right to use out-of-court procedures for handling complaints and pursuing claims arising from the contract.
In particular, the Consumer may apply to:
1) the regional inspector of the Trade Inspection (Inspekcja Handlowa) with a request to initiate mediation proceedings,
2) a permanent consumer arbitration court with a request to resolve the dispute,
3) a district (municipal) consumer ombudsman or a consumer protection organisation for assistance.
Detailed information on out-of-court dispute resolution methods is available on the website of the Office of Competition and Consumer Protection (UOKiK): https://polubowne.uokik.gov.pl/.

XII. AMENDMENTS TO THE TERMS AND CONDITIONS

These Terms and Conditions may be amended for important reasons, in particular in the event of:
1) changes in applicable law or its interpretation resulting from rulings, decisions or recommendations of competent authorities,
2) technical or technological changes affecting the manner in which services are provided,
3) changes to the scope of services, including the introduction of new services or modification or withdrawal of existing ones.
You will be informed of any changes to the Terms and Conditions by publication of the new version on the Website and by sending information to the e-mail address provided at the time of Newsletter subscription.
Amendments to the Terms and Conditions shall enter into force 14 days after you have been informed of the change.
If you do not accept the amended Terms and Conditions, you have the right to terminate the Contract before the amendments enter into force.
The amendments shall be binding upon you, provided that you have been duly informed thereof and have not terminated the Contract within 14 days from receipt of information regarding the changes.

XIII. FINAL PROVISIONS

The Contract is concluded in the Polish or English language. The governing law of the Contract shall be the law of the Republic of Poland.
In matters not regulated by these Terms and Conditions, the provisions of Polish law shall apply, including the Act on the Provision of Electronic Services, the Civil Code, and data protection regulations, including the GDPR.
These Terms and Conditions are not intended to limit the rights of a Consumer or a Trader with Consumer Rights arising under the mandatory provisions of law applicable in the territory of the Republic of Poland. In the event that any provision of these Terms and Conditions is found to be inconsistent with applicable law, this shall not affect the validity of the remaining provisions. The relevant provisions of law shall apply in place of the invalid provision.
In the case of a Contract concluded with Traders, the court having jurisdiction to resolve disputes shall be the court having jurisdiction over my registered office.
These Terms and Conditions shall enter into force on the date of publication on the Website: www.prismaatelier.com.