Legal basis for activities of Internetowa Giełda Długów - Art. 4 of the Act of 9th April 2010 on giving access to business information and business data exchange Dz.U. 2010 No. 81, item. 530, as amended, - Processing of information about debtors according to Art. 23 paragraph. 1 point 5 of the Act on Personal Data Protection Art. 23 Dz.U. 2002 No. 101, item 926 as amended.
Dlugi.info is a public platform of advertisements containing offers of receivables sales posted by the Registered Users of the dlugi.info portal. The dlugi.info portal’s part containing offers of receivables sales is available free of charge to an unspecified group of Users.
1.2. Factory Network - the Factory Network S.A. with offices at ul. Promienista 62/2, signed into the Commercial Register maintained by the District Court Poznań - Nowe Miasto and Wilda, VII Commercial Division of the National Court Register, under KRS number 0000325478, with share capital of 100 000 PLN, entirely paid up and NIP 7811830762
1.3. A User - any natural or legal person or an organization without legal personality, if it has legal capacity according to the law.
1.4. A Registering User - any adult natural person, legal person or an organizational unit without legal personality, if they it has legal capacity according to the law, who started the procedure of registration on the portal.
1.5. A Registered User - any adult natural person, legal person or an organizational unit without legal personality, if it has legal capacity according to the law, who successfully completed the registration procedure.
1.6. If anywhere these Terms refer to a portal or an internet portal, it should be understood that it means www.dlugi.info.
1.7. Renaming the "Internetowa Giełda Długów " or IGD (short) approved by the Board of Factory Network S.A. or IGD Administrator does not require changing these Terms and Conditions, and all provisions concerning the IGD, automatically apply to an exchange ran within the www.dlugi.info portal.
1.8. Internetowa Giełda Długów is intended for users interested in the sale or purchase of receivables.
1.9. A Creditor - a registered IGD User with a documented Receivables from the Debtor.
1.10. Receivables - Creditor’s due right to oblige a Debtor to fulfil a monetary obligation.
1.11. A Debtor - a natural person, legal person or an organizational unit without legal personality, if it has legal capacity according to the law, who has a duty to meet a monetary obligation to the Creditor.
1.12. A Debt - a legally documented duty of the debtor to comply with the monetary obligation confirmed by:
bill drawn up in accordance with the law on personal income tax,
a VAT invoice issued under the Act on Goods and Services Tax and the Ordinance of the Minister of Finance on return of tax to some taxpayers, issuing of invoices, method of invoice storage as well as the list of goods and services, to which exemption from the goods and services tax is not applicable, or under the Ordinance of the Minister of Finance on issuance and transmission of invoices by electronic means and storage and availability of such invoices to the tax authority or tax inspection authority,
a final ruling of the common court,
A written Debt acknowledgment issued by the Debtor.
1.13. A Consumer - a natural person performing a legal act not directly related to their business or professional activity, resulting in debt.
1.14. An Entrepreneur - a natural person, legal person or an organizational unit without legal personality, if it has legal capacity according to the law, who operates their own business.
1.15. Economic activity - paid manufacturing, construction, trade, service and prospecting, exploration and exploitation of minerals from deposits, as well as the professional activity carried out in an organized and continuous fashion.
1.16. Receivables overdue 0-90 days - a category of Receivables whose due date (payment date) has not expired, or the due date (payment date) passed not longer than 90 days ago.
1.17. Receivables overdue 90 days - two years – a category of Receivables whose due date (payment date) expired more than 90 days ago, but less than two years ago.
1.18. Receivables overdue over two years – a category of Receivables whose due date (date of payment) expired more than two years ago.
1.19. A Record - information about sale of Receivables posted at IGD.
1.20. A Point – a unit of virtual currency purchased by the User at długi.info platform, which allows for discounts, and payment for services described in the price list
1.21. The Administrator of the portal and the Registered Users’ personal information database is Factory Network S.A. ul. Promienista 62, 60-289 Poznan, NIP: 7811830762, KRS: 0000325478.
1.22. The Administrator of the portal and the Debtors’ personal information database is Factory Network S.A. ul. Promienista 62, 60-289 Poznan, NIP: 7811830762, KRS: 0000325478.
1.23. The Creditors are effective Administrators of the Debtor’s personal information.
1.24. Posting information about sale of receivables by the User equals empowering the IGD Administrator to process Debtor’s personal information for purposes explained in point 4.1. of these Terms.
2.1. These Terms are the contractual standard referred to in Article. 384 § 1 of the Civil Code, which, together with agreements on individual Registered Users of the portal and governing law provisions defines the rights and obligations of Users and the Administrator in the operation and use of the portal.
2.2. The use of this portal by Registered Users is governed in a way which requires acceptance of these Terms is a requirement of the Registration process. Therefore according to Art. 384(1) of the Civil Code in connection with Art. 60 of the Civil Code such acceptance is treated as a declaration of will of the Registering User to accept all the provisions hereof.
2.3. These Terms are drawn up in an electronic form enabling the Registering User to make a physical, or electronic copy and save it on their own electronic data storage, which meets the requirements of Art. 384 § 3 of the Civil Code.
3.1. Factory Network S.A. may change these Terms and Conditions, notifying Users of the changes via information on the internet portal.
3.2. In the event of changes of the Terms which decrease the rights and increase the obligations of users, the new Terms come into force upon notification to the Users of the change. If the Users disagree with such changes they have the right to terminate their agreement with Factory Network S.A. within 30 days of posting the new Terms on the website, effective when the new Terms come into effect.
3.3. Factory Network S.A. may also enter an automatic option of accepting and changes to the Terms. Refusing to accept the new Terms will be treated as termination of the User’s agreement with Factory Network S.A.
4.A. A legal relationship between IGD Users
4.1. The IGD is a public platform containing offers posted by the IGD Registered Users which contain Receivables sale offer, or an invitation to sign a Receivable sale contract aimed at unspecified group of Users. IGD is available to an unspecified group of Users – the part of the portal containing Receivable sale offers does not require Registration. The part enabling Users to post information about Receivable sale, and the part enabling contacts with prospective buyers with the Creditor is also accessible to an unspecified group of Users, but requires Registration in IGD.
4.2. IGD is not a platform on which or through which contracts between the Registered Users are made.
4.3. If in doubt the offer of receivables sale should be deemed not as a tender according to art. 66 of the Civil Code, but as an invitation to enter into a contract in accordance with art. 71 of the Civil Code.
4.4. Factory Network S.A. is not a party in the agreements made by the Registered IGD Users, it does not work for any of the parties, it is not responsible any actions of either of parties, and gives no guarantees in any form of liabilities incurred by the Registered Users, and it is not a guarantor of execution of contracts by either of the parties.
4.5. Factory Network S.A. declares that it makes every effort to verify the data contained in the Receivable sales offers posted on IGD, however stipulates that it is not liable for the offer’s content, in particular legal and factual situation (the existence and quality) of the Receivables.
4.6. Access to information about Receivables sales offers on the IGD platform is free of charge.
4.7. A User who has agreed to have their email added to the mailing list, or consented to receive trade, marketing, advertising, and promotional messages automatically agrees to receive email containing such content in the future.
4.B The legal relationship between the Factory Network S.A. and a Registered IGD User.
4.8. Starting the Registration procedure is a process leading to enter an agreement between the Factory Network S.A., and the Registering IGD User. Successful completion of the Registration process means entering agreement under these Terms, and any additional agreement approved by the Registered IGD User. Registration in IGD is free of charge.
4.9. After completing the Registration, a Registered User obtains the right to personally post, edit and delete information about the sale of their Receivables on the IGD portal, subject to the provisions of point. 4.11.
4.10. Using the services offered by Network Factory requires payment. The fees and the rules of their collection is regulated in Appendix 1 to the Terms - Price List.
4.11. Deleting information about the sale of receivables issued on the portal is free of charge as of 01.01.2014.
4.12. Deleting information about an invoice overdue for more than 2 years posted on the portal before 31 December 2013 is subject to a fee of 5% net of the receivable gross value. The fee shall be collected from the Registered User who posted the information upon requesting the administrator to delete the information about the sale of such Receivables. Until the time the payment is made, Factory Network S.A. may withhold deleting the Receivable sale information (Record).
4.13. In order to correctly use the services provided by the Factory Network the User must provide their own access to the Internet, access to websites through a web browser, and an email account allowing them to receive email.
4.14. Factory Network declares that within providing services described in these Terms the User is forbidden to supply content, or publish information which is illegal. The User who accepted the Terms states that they do not violate this prohibition, and that they accept full liability for any law infringements, especially violation of Act on Personal Data Protection.
4.C Rules of using Factory Network Points
4.15. Point is a unit of virtual currency purchased by dlugi.info Users representing net value of 1 PLN (1,23 VAT included – one point twenty three PLN). Points are automatically used as payment (according to price list) for services purchased by the User at dlugi.info platform. The User agrees to the Terms stating that points are not exchangeable or refundable.
4.16. Detailed information on the amount of points corresponding to a service must always be published at IGD website by Factory Network. Factory Network reserves the right to change Point cost of a service. In case of purchase of a service by the User the Point cost applied corresponds to the price list valid on the day of purchase.
4.17. Every time the Point cost of a service, or monetary value of a Point is changed, Factory Network is obligated to immediately inform the Users by posting information at dlugi.info website, or by electronic mail sent to the address given by the User during Registration. These changes do not require termination of the agreement to become valid.
4.18. The Points are bought by the Users via dlugi.info platform, and payments for the Points are done via an electronic payment system, or by bank transfer to the account of the dlugi.info platform after a pro-forma invoice is generated. Sale, and activation of the purchased amount of Points is subject to full payment due to the purchase price which will be confirmed by a VAT invoice sent to the User via electronic mail.
5.A Registration procedure.
5.1. Registration means entering an agreement between the User and Factory Network S.A. User Registration at the platform is done either electronically (online) or in writing by submitting a personal signature on a physical contract document.
5.2. User Registration at the portal is possible after filling in the mandatory fields of the Registration form regarding Internetowa Giełda Długów account.
5.3. Registering User is obliged to give all the information required by Factory Network S.A. in accordance with the actual situation, and according to their best knowledge. In case of change of situation the User is obliged to update their details via the "My Account> Account Settings" within 7 days of the change coming into effect.
5.4. Before posting personal information of a Debtor, the Creditor is obliged to confirm the correctness of the data with a registration organ (CEIDG, KRS) appropriate to the Debtor-Entrepreneur.
5.5. Before posting personal information of a Consumer, the Creditor is obliged to sign a written agreement with the IGD Administrator regarding entrusting processing of Debtor’s personal data.
5.6. Factory Network S.A. is not responsible for the legal consequences (civil, criminal or administrative) resulting from being given untrue, or outdated details.
5.7. The User shall always Register in person, and in case of a legal person or an organizational unit without legal capacity such Registration can only be made by a person authorized to make declarations of will on behalf of such legal person or the organizational unit without legal capacity.
5.8 In case of an online Registration Factory Network S.A. may at any time request the User to prove truthfulness of any data given during the course of Registration, including any data regarding Receivables or the Debtor, which can be done by placing electronic copies of the documents in the “My account” tab in the User’s panel of the portal or by sending any certified copies of documents (at least certified to be a true copy by a person submitting a given document including a date and place of such certification) confirming such data, or by providing them for review at the registered office of Factory Network S.A. Until the time the data’s truthfulness is confirmed, Factory Network S.A. has the right to suspend providing services to such User.
5B Deregistration procedure
5.9 Within 14 days of the date of entering the agreement, i.e. since completion of the Registration process the User being the natural person who performs a legal action not directly associated with their business or professional activity (Consumer) may terminate the agreement without giving reasons by making a relevant electronic statement submitted via email to email@example.com, or by a registered letter sent to the registered office of Factory Network S.A.
5.10. Every Registered User has a right to terminate the agreement between them, and Factory Network S.A (Deregistering). In order to Deregister send an instruction to Deregister via e-mail to firstname.lastname@example.org, or by registered mail to the registered office of the Factory Network S.A. The statements need to contain the data necessary for User identification. The statements not containing necessary information will be left without further action.
5.11. Before the termination notice’s expiration date the User should use up their Point resources. Factory Network does not refund unused User Points upon agreement termination. This paragraph does not apply to Consumer who terminates the agreement within 14 days of entering it.
5.12. Immediately after receiving the instruction to Deregister, termination of the contract, or statement of Deregistering, the Administrator removes the User from the Registered User database and deletes their personal data, unless the User has any number of fees pending payment to Factory Network S.A.
6.1. Posting information about Receivables means the Creditor consents to processing of personal data transferred, as well as to making them available to other IGD Users.
6.2. Creditor’s personal data is only available to other Registered IGD Users, which the Creditor agrees to.
6.3. The personal data of a Creditor posting an invitation to enter a sale agreement of Consumer’s Receivables (their name, or their company’s name along with the NIP, street, house number, apartment number, postal code, city) are visible to all IGD Users, including unregistered Users, to which the Creditor agrees.
6.4. Upon posting the information about Receivable sale, the IGD Administrator notifies the Debtor of the fact of posting their personal data at IGD electronically (subject to paragraph 6.5.), informs them of their rights, the legal basis for processing of personal information and its purpose.
6.5. Upon posting any information on the Receivables sale the Creditor is obliged to provide the Debtor’s current e-mail address and telephone number. Failure to provide such data obliges the Creditor to notify the Debtor of posting the debt at the IGD. Ready notification form template is available at the portal.
6.6. If the Receivables which were posted for sale at IGD are paid for, or otherwise satisfied by the Debtor, or are remitted, or sold (conveyed), the Creditor posting information on Receivables sale at IGD is obliged to immediately remove the sale offer (Record) from IGD.
6.7. An IGD Administrator at any time has the right to remove the information about sale of Receivables (Record) without notice, and without giving reasons.
6.8. Costs associated with using the Internetowa Giełda Długów are described in the price list dlugi.info portal located at http://www.dlugi.info/cennik, which is an integral part of these Terms.
7.1. The IGD Administrator is not liable to Registered Users for temporary inability to use the IGD services, if this inability is a result of circumstances beyond Administrator’s control (in particular a system failure, ICT network failure, etc.), or within their control, but necessary for the proper operation of the IGD (in particular implementing system changes).
7.2. The IGD Administrator is not be liable to Registered Users for a temporary suspension of publication of Receivables sale offers in the cases described herein.
7.3. A Registered User who posted information on the Receivables sale, is responsible for all legal claims against the IGD Administrator regarding the violation of Act on Personal Data Protection, and Debtor’s personal assets resulting from posting false information regarding the Debtor or their Debt.
8.1. Factory Network S.A. ensures that a Registered User - Creditor is entitled to have the access and ability to correct their personal data given by the Administrator. This right is facilitated via the data update option.
8.2 Factory Network S.A. ensures that the Debtor has the right to access and modify any personal data placed in the part of Receivables sale information available to general public under Art. 23, 24 and 32 of the Act on Personal Data Protection. Factory Network S.A. enforces the access right by allowing unrestrained access to the part containing receivables sale information. The Debtor’s right to modify their personal data is enforced by Factory Network S.A. by allowing to apply to the IGD Administrator for modification of the data in question. The Administrator notifies the Creditor immediately of the Debtor’s application. If the Creditor fails to comment the request within 3 business days, the IGD Administrator has the right to either modify the data according to Debtor’s request, or to delete the Receivables sale offer. If the Creditor recognizes the Debtor’s request, the Administrator will immediately modify the Debtor’s personal data unless the Creditor has done it themselves via the data updating option. If the Creditor refuses to modify the data according to the Debtor’s request, the Administrator may suspend a given Receivables sale offer.
8.3. The Debtor is entitled to submit objections to the content of the Record in terms of the Debt. In an event of an objection the IGD Administrator notifies the Creditor within 14 days. If the request does not meet the formal conditions, i.e. is not written or is not motivated, The Administrator leaves it without action.
8.4. The User may make the complaints regarding services via email sent to email@example.com. The complaint should contain the complaining party’s e-mail address and the detailed description of the issue. The complaints that meet the aforesaid requirements will be processed within 14 days since receiving of the complete complaint by Factory Network S.A. If any data or information in the complaint is missing or incomplete, Factory Network S.A. may apply to the complaining party to add the required information before processing the complaint. The information on the complaint result will be sent to the complaining party’s e-mail address, to which the complaining party agrees.
9.1. Debtor’s consent to the processing of their personal data is not required. The legal basis for processing their personal data without the Debtor's consent is art. - Art. 23 paragraph. 1 point 5 of the Act on Personal Data Protection Dz.U. 2002 No. 101, item 926 as amended.
9.2. The processing of personal data occurs for the purpose of registration of posting the Receivables, providing IGD Users with information on the objective and subjective aspects of the Receivables.
9.3. Factory Network S.A. informs that the Debtor has the right to access and have control over the content of their data and verify them in accordance with Article. 24 and 32 of the Act on Personal Data Protection Dz.U. 2002 No. 101, item 926 as amended within the framework of the so-called complaints.
9.4. User’s personal data obtained as a result of the Registration procedure is collected and processed by Factory Network S.A. according to Act on Personal Data Protection Dz.U. 2002 No. 101, item 926 as amended based on agreements on processing and commitment of personal data.
9.5. User’s Registration at the platform is equal to User’s consent according to art. 23 Section 1 paragraph. 1 of the Act on Personal Data Protection Dz.U. 2002 No. 101, item 926 as amended to allow Factory Network S.A. and the portal’s Administrator to the processing of their personal data and using them for their own marketing purposes.
9.6. Factory Network S.A. informs that every Registered User has the right to access and have control over the content of their personal data, and to correct it according to Article. 24 and 32 of the Act on Personal Data Protection Dz.U. 2002 No. 101, item 926 as amended.
9.7. User’s Registration in the platform is equal to User’s consent according to art. 23 Section 1 paragraph. 1 of the Act on Personal Data Protection Dz.U. 2002 No. 101, item 926 as amended to allow Factory Network S.A. and the portal’s Administrator to disclose such data to other Users only the cases described in these Terms, to which the User agrees.
9.8. A User, who obtained the personal data of another User via the portal is not entitled to further process the data and is obliged not to disclose it to third parties, and to delete it.
9.9. Notwithstanding the above Factory Network S.A. or the personal data Administrator stipulate that the disclosure of personal data may also occur without the consent of the person concerned, if such obligation results from the provisions of the law and it is requested by authorized bodies or public institutions.
9.10. IGD Administrator is not liable for the consequences of publication, positioning and Internet disclosure of Receivable sale offers made by Users, and Debtors’ personal data, even after their removal from the portal.
10.1. The basic form of communications between the Users of the portal, as well as between the portal’s Users, and Factory Network S.A. is electronic communication. Deliveries are sent onto the electronic addresses provided by the Users during Registration or in case of subsequent data update or electronic address to contact the Factory Network S.A.: firstname.lastname@example.org
10.2. In an event of necessity of courier delivery, postal delivery, or registered mail, delivery is made to the addresses provided by the User during Registration or subsequent updates. Any legal consequences resulting from giving incorrect data or the existence of the outdated data make the User liable, in particular when the package is treated as delivered.
11.1. Copyrights of the Factory Network S.A. graphics, including the Internetowa Giełda Długów logo, "dlugi.info" logo, as well as the layout and composition of these elements are protected in the Polish Republic under the copyright laws.
12.1. If any provision of the Terms would prove ineffective or invalid parties accept that the provision in effect will be the one which is the closest in idea and meaning to the ineffective, or invalid one. In event of any provision of Terms herein being illegal, the provision in question will be replaced by relevant law, while the rest of the Terms remain unchanged.
If any provision of the Terms is deemed invalid by a valid court decision, the remaining provisions shall remain in force.
13.1. The law applicable to the agreement between the User and Factory Network S.A. is always the Polish law.
13.2. Any dispute arising out of or in connection with the agreement between the User and Factory Network S.A. will be settled by the court with jurisdiction over Factory Network.
13.3. The provision 13.2 does not apply in relation to a User who is a Consumer within the meaning of the Act of 23 April 1964. - Civil Code (Dz. U. No. 16, pos. 93, as amended).
The Board of Factory Network S.A.