Edebts.info is a public advertising platform containing offers for the sale of receivables, posted by registered users of the edebts.info portal. The edebts.info portal, in the part containing offers for the sale of receivables, is available free of charge for an unspecified circle of users.
1. Definitions used in the Regulations
1.1. Regulations - approved and adopted by the decision of the Factory Network S.A. management board. Regulations of the platform with all attachments to it and possible changes.
1.2. Factory Network - Factory Network S.A. with its registered office in Poznań, at ul. Promienista 62/2, entered into the Register of Entrepreneurs kept by the District Court Poznań - Nowe Miasto and Wilda in Poznań, 8th Commercial Division of the National Court Register under the number KRS [National Court Register no.]: 0000325478, with share capital paid up in full at PLN 180,200, NIP [Taxpayer. ID no.]: 7811830762.
1.3. User - any natural or legal person, or an organizational unit without legal personality, as long as legal provisions grant it legal capacity.
1.4. Registering user - every adult natural person, legal person or organizational unit without legal personality, if legal regulations grant it legal capacity, who/which has started the registration procedure on the portal.
1.5. Registered user - every adult natural person, legal person or organizational unit without legal personality, if the legal provisions grant it legal capacity, who/which has completed the registration procedure.
1.6. If any part of the Regulations refers to a portal or an internet portal, it should be understood as www.edebts.info.
1.7. The change of the name Internet Debt Exchange abbreviated to IDE, made by the Factory Network S.A. management board or the IDE Administrator does not require changing the Regulations, and all provisions concerning IDE, automatically concern the exchange run as part of the www.edebts.info internet portal.
1.8. The Internet Debt Exchange is intended for users interested in the sale or purchase of debts.
1.9. Creditor - registered IDE user with a documented claim against Debtor.
1.10. Receivables - the creditor's required entitlement to demand from the debtor to satisfy a cash payment.
1.11. Debtor - a natural person, a legal person or an organizational unit without legal personality, as long as legal provisions grant it legal capacity under which it is obliged to fulfill a cash payment to the benefit of a Creditor.
1.12. Debt - a legally documented obligation on the Debtor to fulfill the cash payment, confirmed by:
an invoice issued in accordance with the Act on personal income tax,
a VAT invoice,
a legally valid court decision,
a Debtor's written statement on the recognition of the debt.
1.13. Consumer - a natural person who performs a legal act not related directly to its business or professional activity, resulting in the creation of Debt.
1.14. Entrepreneur - a natural person, a legal person and an organizational unit that is not a legal person, to whom/which legal provisions give legal capacity - performing business activity on its own behalf.
1.15. Economic activity - organized gainful activity, carried out on one's own behalf and on an ongoing basis.
1.16. Overdue receivables 0-90 days - a category of claims whose maturity date (payment date) has not yet occurred, or from the maturity date (payment day) is not more than 90 days.
1.17. Overdue receivables 90 days - 2 years - a category of claims which have passed more than 90 days from the date of maturity (payment day), but not yet 2 years.
1.18. Receivables overdue more than 2 years - a category of claims which have passed 2 years from the date of maturity.
1.19. Record - information about the sale of receivables posted on IDE.
1.20. Point - a virtual currency purchased by the User in the edebts.info portal allowing the use of discounts and making payments for services defined by the price list.
1.21. The administrator responsible for managing the portal is Factory Network S.A. ul. Promienista 62, 60-289 Poznań, NIP [Taxpayer. ID no.]: 7811830762, KRS [National Court Register no.]: 0000325478.
1.22. The administrator of the personal data of the Creditors is Factory Network S.A. ul. Promienista 62, 60-289 Poznań, NIP [Taxpayer. ID no.]: 7811830762, KRS [National Court Register no.]: 0000325478.
1.23. Administrators of personal data of Debtors are Creditors.
1.24. Placing information about the sale of receivables is tantamount to entrusting the IDE Administrator with the processing of personal data of the Debtor for the purpose referred to in article 4 sec. 1 of the Regulations.
2.1. These Regulations are a contractual pattern specified in Art. 384 Cl. 1 of the Civil Code, which together with the agreements regarding individual registered users of the portal and the provisions of the generally applicable law, defines the rights and obligations of the portal users and the administrator in the scope of functioning and use of the portal.
2.2. Using the portal by users subject to registration is shaped in such a way that one of the conditions of registration is electronic acceptance of these Regulations, which in the light of art. 384 Cl. 1 of the Civil Code in connection with art. 60 of the Civil Code is treated as a declaration of will of the registering user accepting all the provisions of these Regulations.
2.3. These Regulations have been prepared in electronic form that allows the registering person to create a physical or electronic copy and save it on its own IT carrier, which is the fulfillment of the requirements of art. 384 Cl. 3 of the Civil Code.
3 Change of regulations
3.1. Factory Network S.A. may make amendments to these Regulations, notifying users of such changes through information on the websites of the portal.
3.2. In the event of a change in the Regulations, which increases the obligations or decreases the users' rights, the Regulations come into force when notifying users of the introduction of such changes, while users who do not agree to such changes have the right to terminate the agreement with Factory Network S.A. within 30 days from the date of placing the new Regulations on the portal's websites, effective from the day of introducing the changes to the Regulations.
3.3. Factory Network S.A. can also introduce an automatic option of acceptance and changes to the Regulations. Refusal to accept the new Regulations will be tantamount to terminating the contract with Factory Network S.A.
4 Principles of operation and function of the Internet Debt Exchange.
4.A Legal relations between IDE users
4.1. IDE is a public platform of advertisements placed by registered IDE users, including offers to sell receivables or an invitation to enter into a debt sale agreement, addressed to an indefinite group of recipients for the purpose of its conclusion. IDE is available for an unspecified group of users - the part not requiring registration including offers for sale of receivables. The part enabling the inclusion of information on the sale of receivables, as well as the part enabling the potential buyer to contact the creditor is also available to an indefinite circle of users, but requires prior registration on the IDE.
4.2. IDE is not a platform on which or through which agreements are concluded between registered users of the portal.
4.3. Announcements on the sale of receivables should be considered in the event of doubt, not for offers as defined by Article 66 of the Civil Code, but for invitations to conclude a contract in accordance with art. 71 of the Civil Code.
4.4. Factory Network S.A. is not a party to any agreements entered into by registered IDE users, does not act on behalf of any of the parties, is not liable for the action of any party to the agreement, fails to guarantee in any form the obligations incurred by registered users, or guarantees the performance of contracts by any party.
4.5. Factory Network S.A. declares that it makes all efforts to verify the data constituting the content of the information on the sale of receivables placed on the IDE, however, it reserves that it is not responsible for their content, in particular for the factual and legal status (existence and quality) of claims.
4.6. Access to information on receivables offered for sale on IDE is free.
4.B. Legal relations between Factory Network S.A. and registered IDE users.
4.8. The start of the registration procedure is a process aimed at concluding a contract between Factory Network S.A. and the registering IDE user. Successful completion of the registration procedure means the conclusion of the contract under the conditions resulting from these Regulations and a possible additional agreement accepted by the registering user of the portal. Registration on IDE is free.
4.9. After completing the registration procedure, the registered user gets the right to independently post, edit and delete information on the sale of their receivables on IDE, subject to the provisions of point. 4.11.
4.10. The use of services offered by Factory Network is payable. The amount of fees and the rules for their collection are regulated in Annex 1 to the Regulations - Price List.
4.11. Removal of information about the sale of receivables posted on the portal from 01/01/2014 is free of charge.
4.12. The fee for removing information on the invoice overdue over 2 years, posted on the portal until 31/12/2013, is 5% net of the gross value of the claim. The fee is charged from the registered user who posted this information, upon requesting the administrator to delete information about the sale of such a claim. Until the payment has been settled, Factory Network S.A. may stop the execution of the order to remove the information on the sale of the claim (record).
4.13. In order to properly use the services provided by Factory Network, the User must provide, on their own, access to the Internet, access to websites through a web browser, and e-mail accounts to receive e-mails.
4.14. Factory Network declares that as part of its provision of services described in the Regulations, the User is prohibited from providing unlawful content or declaring unlawful information. By accepting the content of the Regulations, the User declares that he will not breach the above prohibition and that he bears all liability for any possible violation of legal provisions, in particular the Act on the Protection of Personal Data.
4. C Rules for using Factory Network Points.
4.15. The point, as a virtual currency purchased by the User in the edebts.info website, corresponds to the equivalent of PLN 1 net (1.23 includes VAT, in words: one zloty 23/100). Points are automatically settled with the value of the services purchased by the User in the edebts.info service resulting from the price list, with the indication that the User declares that he agrees to the statutory provisions that the points are not exchangeable or refundable.
4.16. Detailed information on the number of points assigned to a given type of service is published each time on the IDE website, with the proviso that Factory Network is authorized to change the number of Points assigned to a given type of service. On the other hand, the number of Points applicable on the date of purchase of a given service applies to the User.
4.17. Each time a change in the number of Points for a given service or monetary value of the Factory Network Point is required, it shall immediately inform about it on the website edebts.info and via e-mail to the address indicated by the User during registration, with the reservation that the above-mentioned changes do not require termination of the contract to be effective.
4.18. Points are purchased by Users via the edebts.info website, while payments for purchased points can be made via an electronic service that supports online payments or via a edebts.info account, after generating a pro-forma invoice. The sale, and at the same time activation of the purchased number of Points, depends on the payment of the full amount due for the purchase price, which will be found by issuing a VAT invoice sent to the User's e-mail address.
5 Registration and de-registration procedure
5.A Registration procedure.
5.1. Registration means entering into an agreement on the use of the portal between Factory Network S.A. and the registering user. User registration on the portal takes place either in a documentary form (online) or in writing by submitting a signature on the agreement document.
5.2. User registration of the portal is possible after completing the obligatory fields in the registration form as part of the account of the Internet Debt Exchange.
5.3. The registering user is obliged to provide all data required by Factory Network S.A. in accordance with the actual state of affairs, and to the best of their knowledge, and in the event of their change immediately, no later than within 7 days of the change occurring, update them via the "My account> Account settings" tab.
5.4. Before providing personal data of the Debtor, the creditor is obliged to confirm, in the registration authority (CEIDG, KRS) competent for the given Debtor-entrepreneur, that the data are correct and up to date.
5.5. Before providing the Consumer's personal data, the creditor is obliged to conclude an agreement with the IDE Administrator on entrusting the processing of personal data of the Debtor.
5.6. Factory Network S.A. is not responsible for legal consequences (civil, criminal or administrative) resulting from providing false data or the existence of outdated data.
5.7. The User always registers in person, and in the case of a legal person or an organizational unit without legal personality, the registration may only be made by a person who is authorized to make declarations of will on behalf of that legal person or organizational unit without legal personality.
5.8. In the case of online registration, Factory Network S.A. may request from the user at any time to authenticate the data provided during registration, including data on the debts and the Debtor, by placing an electronic copy of the documents in the My account tab in the portal user panel or by sending certified copies of documents (at least certified as true copies by the person presenting a document and containing the date and place of the certificate) confirming this data, or by presenting them for inspection at the Factory Network S.A. headquarters. Until the data. have been authenticated, Factory Network S.A has the right to suspend the provision of services to this user.
5.B Deregistration procedure.
5.9. Within 14 days from the date of conclusion of the contract - i.e. from the end of the registration procedure, the user being a natural person making a legal transaction not related directly to his business or professional activity (consumer) may withdraw from the contract without giving reasons by submitting an appropriate statement in electronic form to the e-mail address: firstname.lastname@example.org, or by registered mail to the address of the Factory Network S.A headquarters.
5.10. Each registered user has the right to terminate the contract between him and Factory Network S.A. (deregistration). In order to de-register, a de-registration order must be sent to the e-mail address email@example.com, or a statement must be sent by registered mail to the address of the Factory Network S.A., containing data enabling the identification of the user. A statement that does not contain the data that identifies the Factory Network S.A. user is left without further running.
5.11. Before the end of the notice period, the User should use the Points he owns. Factory Network does not return the equivalent of Points not used by the User before the end of the notice period. The said provision does not refer to the Consumer withdrawing from the contract within 14 days from the date of its conclusion.
5.12. Immediately after receiving the order of de-registration or declaration of withdrawal from the agreement or the de-registration statement, the administrator deletes the user from the database of registered users and deletes his personal data, unless the user is in default of paying any fees to Factory Network.
6 Publication of information on the sale of receivables
6.1. Placing information about the sale of receivables is tantamount to the Creditor's consent for the processing of the provided personal data, as well as for their disclosure to other IDE users.
6.2. The creditor's personal data is available only to other registered IDE users, to which the creditor agrees.
6.3. The personal data of the Creditor issuing an announcement containing an invitation to enter into a contract for the sale of receivables to the Consumer are visible to all IDE users, also unregistered, to which the creditor agrees.
6.4. As soon as the information on the sale of receivables is posted, the IDE administrator notifies the Debtor about the fact that his personal data have been placed on the IDE electronically (subject to point 6.5), providing instructions on his rights, the legal basis for the processing of personal data and the purpose.
6.5. At the time of publishing information about the sale of receivables, the creditor is obliged to provide the current e-mail address of the Debtor and the telephone. Failure to provide such data imposes on the creditor an obligation to notify the debtor about the fact of posting debt on IDE. The form of the notification is available on the portal.
6.6. If the claim was paid or otherwise satisfied by the Debtor, or was canceled, and when it was sold (assignment of receivables), the creditor who placed information about the sale of receivables on IDE is obliged to immediately remove the sale information from IDE receivables (record).
6.7. The IDE administrator has the right at any time, without any notice and without giving a reason, to remove information about the sale of receivables (record).
6.8. The costs related to the use of the Internet Debt Exchange are described in the price list of the edebts.info portal at http://www.edebts.info/price-list, which is an integral part of these Regulations.
7.1. The IDE administrator is not liable to registered users for temporary inability to use IDE services, if this disability is a consequence of circumstances independent of the administrator (in particular system failure, IT network failure, etc.) or dependent but necessary for the proper operation of IDE (in particular making system changes).
7.2. The IDE Administrator is not liable to registered users for temporarily suspending the disclosure of information on the sale of claims in the cases described in these Regulations.
7.3. A registered user who posted information about the sale of receivables is liable for any claims that would be directed against the IDE administrator for violation of the Personal Data Protection Act or the Debtor's personal rights in connection with the registration of false data by the registered user about the Debtor himself or his debt.
8 Complaint procedure.
8.1. Factory Network ensures that the registered user-creditor has the right to access and correct the personal data provided to the administrator. This right is implemented through the data update option.
8.2. Factory Network S.A. ensures that the debtor has the right to access and correct personal data included in the section containing publicly available information on the sale of receivables. Factory Network implements the access right by allowing free access to the part containing information about the sale of receivables. The right to correct the data is fulfilled by Factory Network by the right to submit an application to the IDE administrator with a request to correct them. The administrator immediately notifies the creditor of the request. Lack of the Creditor's response to the request within 3 business days entitles the IDE administrator to correct the data in accordance with the demand of the Debtor or to remove the offer to sell the debt. If the Creditor accepts the Debtor's request, the administrator shall immediately correct the Personal Data of the Debtor, unless the creditor has made it himself via the data update option. If the Creditor refuses to correct the data in accordance with the Debtor's request, the administrator may suspend a given offer of the sale of receivables.
8.3. The debtor has the right to submit a reservation in relation to the content of the record in the scope covering Debt. The IDE Administrator notifies the creditor within 14 days about making a reservation. If the request does not meet the formal requirements, i.e. it is not written or is unmotivated, the administrator leaves it without recognition.
8.4. The user may submit his complaints regarding the service by e-mail to the electronic address firstname.lastname@example.org. The complaint should include the e-mail address of the applicant and a detailed description of the problem. Complaints that meet the above requirements will be considered within 14 days from the date of receipt of a complete complaint notification by Factory Network. If the data or information provided in the complaint need to be supplemented, before considering the complaint, Factory Network may ask the person lodging the complaint to supplement it in the indicated scope. Information on the consideration of the complaint will be sent to the e-mail address provided by the applicant, to which he agrees.
9 Processing of personal data and their protection
9.A. Personal data of the registered user.
9.1. The administrator of personal data of registered users is Factory Network Joint Stock Company with its registered office in Poznań (60-289) at ul. Promienista 62, NIP [Taxpayer. ID no.]: 7811830762, KRS [National Court Register no.]: 0000325478, electronic address: email@example.com.The Data Protection Officer can be contacted by writing to the administrator's address, as above, or to the e-mail address: firstname.lastname@example.org.
9.2. The personal data of registered users are processed by Factory Network S.A. based on Article. 6 para. 1 lit. a) - c) and f) of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46 / EC (OJ L 119, 4.5.2016, p. 1-88, GDPR), hereinafter referred to as "GDPR", i.e .:
1) based on the granted consent;
2) the need to perform the contract or take action at the request of the registered user;
3) the need to fulfill the legal obligation imposed on the administrator;
4) the necessity resulting from legitimate interests pursued by the administrator such as answeringyour letters and applications.
9.3. The personal data of registered users are processed for the following purposes:
1) conclusion and implementation of the contract (provision of services);
2) conducting analyses and statistics as well as for the needs of business activity;
3) sale of products and services offered by Factory Network S.A .;
4) conducting marketing activities undertaken by Factory Network S.A. alone or in cooperation with other entities;
5) pursuing claims;
7) providing answers to letters and applications;
8) carrying out activities related to ensuring security;
9) fulfilling the legal obligation of Factory Network S.A .
9.4. Potential recipients of personal data of registered users are all users using the portal.
9.5. Factory Network S.A. may transfer personal data of registered users to the following entities:
1) to processors in connection with the activities ordered by Factory Network S.A. carried out onbehalf of companies;
2) cooperating entities and contractors;
3) postal companies that will deliver parcels;
4) law offices, which Factory Network S.A. commissioned, for example, to conduct proceedings;
5) entities or bodies entitled under the law.
9.6 Factory Network S.A., as a rule, they are not transferred to third countries. The transfer of personal data of registered users to third countries (including from outside the EEA) may, however, take place in particular when:
1) Factory Network maintains its data resources and copies thereof on servers of third parties located in third countries;
2) the entity providing SMS text notification and e-mail notification services generated in pdf is located in a third country.
9.7 Subject to the limitations resulting from the GDPR and other legal provisions, the registered user has the right to access their personal data and the right to correct, delete, limit their processing, the right to transfer personal data, the right to raise objections, and the right to withdraw consent in any time if the processing takes place on the basis of the expressed consent.
9.8. A registered user has the right to lodge a complaint with the supervisory authority within the meaning of the GDPR, when he/she considers that the processing of his personal data violates the provisions of the GDPR.
9.9. The processing of personal data of registered users depends on the purpose for which the data is processed. The period during which the personal data of registered users will be stored is calculated on the basis of the following criteria:
1) legal regulations that may oblige Factory Network S.A. for processing data for a certain period of time (e.g. the Accounting Act);
2) the period for which services are provided;
3) a period that is necessary to defend the interests of the administrator;
4) the period for which consent was granted.
9.10. A registered user has the right to withdraw his consent at any time. The withdrawal of the consent does not affect the lawfulness of the processing of personal data which was made on the basis of the consent granted prior to its withdrawal.
9.11. Factory Network S.A. uses systems for automated decision making. The profiling performed on the basis of the possessed data is carried out in an automated way, and concerns in particular: data on the provided services, transmission data, location data, information obtained through the use of so-called cookies files. Profiling has an impact on marketing information and offers that registered users will receive.
9.B Personal data of the Debtor.
9.12. The administrator of the personal data of the Debtor is each time the registered user, not the Factory Network S.A.
9.13. The Debtor's consent to the processing of personal data is not required. The legal basis for the processing of personal data of the Debtor without his consent is art. 6 para. 1 lit. f) GDPR.
9.14. The processing of personal data of the Debtor is done in order to enable registered IDE users to inform potential buyers of receivables about object-specific and subject-specific claims.
9.15. The processing, by Factory Network S.A., of personal data of Debtors who are natural persons is always based on the agreement concluded between a registered user and Factory Network S.A. for entrusting the processing of personal data.
9.16. The IDE Administrator is not responsible for the effects of publishing, positioning and disclosure on the Internet of offers posted by Users for the sale of receivables and personal data of Debtors, also after their removal from the portal.
10.1. The basic form of deliveries in the relations between the portal users, as well as in the relations between the portal users and the Factory Network, is electronic. Deliveries are made to electronic addresses provided by users during registration, during the subsequent data update or to the electronic address to contact Factory Network: email@example.com
10.2. In the event of the necessity of courier delivery of a registered postal item, delivery shall be made to the addresses provided by users during registration or subsequent data update. Any legal consequences resulting from providing incorrect data or the existence of outdated data will be borne by the user to whom they relate, in particular as regards the acknowledgment of the shipment as delivered.
11 Copyrights and industrial property rights
11.1. Copyright property rights to Factory Network graphic elements, including the logo of the Internet Exchange "edebts.info", as well as the layout and composition of these elements (the so-called layout) are protected in the Republic of Poland by copyright law.
12 Severability clause
12.1. If any provision of the Regulations turns out to be ineffective or invalid, the parties assume that the most-for-purpose of the valid records will apply. If it turns out that any provisions of the regulations are inconsistent with the provisions of law, the relevant provisions shall apply instead of the invalid provision, and the rest of the Regulations shall remain unchanged.
12.2. If any provision of the Regulations is recognized as valid by a valid court decision, the remaining provisions remain in force.
13 The applicable law and the competent court
13.1. The law applicable to the agreement between the User and Factory Network is always the Polish law.
13.2. Any disputes arising out of or in connection with the execution of the agreement between the User and the Factory Network will be settled by the court competent for the Factory Network.
13.3. Provisions of Art. 13 sec. 13.2 do not apply to the user who is a Consumer within the meaning of the Act of 23 April 1964 - Civil Code (Journal of Laws No. 16, item 93, as amended 3).