Terms and Conditions & Privacy Policy

Terms and conditions of the online shop

Online shop, hereinafter referred to as the Shop, operating at the following address fxware.pl and its subdomains (including new.fxware.pl) is conducted by: Justyna Pankowska conducting business activity under the name FX INWESTYCJE JUSTYNA PANKOWSKA, registered office address: ul. Romana Drewsa 2/105 61-606 Poznań, NIP: 9720505388, REGON: 525657653, registered in the Central Register and Information on Business Activity, e-mail address: kontakt@fxware.pl, hereinafter referred to as the "Administrator", who is also the Service Provider. Place of business: 2/105 Romana Drewsa Street 61-606 Poznań.

  1. The shop sells licences for its products via the Internet.
  2. Information about the Shop is available at fxware.pl and its sub-domains (including new.fxware.pl).
  3. The offer presented by the Shop on the websites does not constitute an offer within the meaning of Article 66 of the Civil Code.
  4. Orders can be placed via the Shop's website.
  5. Order processing consists of preparing for the client individual licence key or the software version assigned to the customer data. Implementation date: To 3 working days from receipt of payment (usually within 24 hours). The digital content is transmitted electronically to the e-mail address specified in the order and/or made available for download in the Customer panel (if applicable). If there is a delay, the Customer will be informed of a new delivery date.
  6. Before placing an order, the Customer expressly requests performance to commence before the end of the withdrawal period and acknowledges that, once performance has commenced, the Customer will lose the right of withdrawal in respect of digital content not supplied on a tangible medium (Article 38(13) of the Consumer Rights Act). Confirmation of this consent and instruction shall be provided to the customer on a durable medium after conclusion of the contract.
  7. A basic prerequisite for the order to be accepted is that the relevant data for which the licence is being purchased (name / company name or brokerage account number) and the e'mail address to which the information necessary for downloading the licensed version of the software or the licence key is sent when the order is placed.
  8. A licence key issued to an account number allows the software to run only on the real account with the number specified when the licence was purchased.
  9. A licence key issued in your name allows you to run the software on any real account to which the name you provided when purchasing the licence is correctly assigned on the broker's side.
  10. The data listed in para. 7 provided shall only be used to verify the validity of the purchased licence and its delivery to the customer.
  11. All prices quoted are gross prices.
  12. The price listed next to each product is binding at the time the customer places the order.
  13. The shop reserves the right to change the prices of the products on offer.
  14. Payment for the product can be made by the customer to bank account 82 1090 1359 0000 0001 5444 1904, via Przelewy24 or via PayPal payment.
    The electronic payment operator Przelewy24 is PayPro S.A. with registered office in Poznań, ul. Pastelowa 8, 60-198 Poznań, entered in the Register of Entrepreneurs of the National Court Register: 0000347935, NIP: 7792369887, share capital: PLN 4 737 100.00 (fully paid up), entered in the register of national payment institutions kept by the FSA under number UKNF IP24/2014.
  15. At the customer's request, an invoice is issued with the order.
  16. The customer can make a complaint about a purchased product by sending it by e-mail to kontakt@fxware.pl. The complaint should contain the following data: name and version of the product for which the complaint is made, licence data (name and surname or brokerage account number), detailed description of the software defect found. The date of filing a complaint shall be the date on which the complaint is received by the Store.
  17. The Shop shall respond to the Consumer's complaint within 14 calendar days of its effective submission; the absence of a response within this period shall mean that the complaint is acknowledged to the extent claimed.
  18. If the complaint is accepted, the Shop undertakes to prepare and make available to the customer a version of the software free of defects within a period of no longer than 30 calendar days counted from the moment the complaint is accepted. If this deadline is not met, and if the defect concerns a key functionality of the purchased software, i.e. significantly limits the possibility of using it in accordance with its description and instructions, the Shop will refund the amount paid by the customer for the advertised product to the bank account specified by the customer.
  19. Since the products for which a licence is sold are used, among other things, to transact in financial markets or support such transactions, it is important to be fully informed about the risks and costs associated with trading in financial markets before using them, as this is the riskiest possible form of investment.
  20. FX INWESTYCJE JUSTYNA PANKOWSKA shall not be liable for any financial or other losses incurred as a result of the use of the products for which a licence is sold, even if the losses result from the malfunction or unexpected operation of the product.
  21. FX INWESTYCJE JUSTYNA PANKOWSKA shall not be held liable for errors, technical interruptions, lack of quotations or lack of access to the broker where the product for which the licence is sold is used.
  22. In matters not covered by these Regulations, the provisions of the of the Civil Code, the Act of 30 May 2014 on consumer rights and the Act of 18 July 2002 on the provision of electronic services.
  23. When placing an order, the customer must accept the terms and conditions. Otherwise, placing an order is not possible.
  24. By accepting the terms and conditions, the customer declares that he/she has read and accepts the privacy policy posted on the website.
  25. The Shop operator is not responsible for interruptions in the use of the online shop due to technical or other reasons beyond its control.
  26. These Terms and Conditions shall enter into force on the day they are posted in the online shop at new.fxware.pl and shall remain in force indefinitely.
  27. The Shop operator reserves the right to amend these Terms and Conditions for important reasons, in particular in the event of changes to the law, the rules of the Internet or significant changes in the market situation.

Privacy policy

  1. GENERAL PROVISIONS

    1. The controller of personal data collected through the website FXWare.pl is Justyna Pankowska doing business under the name FX INWESTYCJE JUSTYNA PANKOWSKA, registered address: 2/105 Romana Drewsa Street, 61-606 Poznań, NIP: 9720505388, REGON: 525657653, entered in the Central Register and Information on Business Activity. Contact e-mail address for data protection matters: contact@fxware.pl. Place of business: 2/105 Romana Drewsa Street, 61-606 Poznań. The controller has not appointed a data protection officer.
    2. Personal data shall be processed in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council ("RODO") and the Data Protection Act of 10 May 2018.

  2. TYPE OF DATA, PURPOSES AND GROUNDS FOR PROCESSING

    1. Objectives and legal basis for processing:

      1. the conclusion and performance of the contract for the provision of services set out in the Terms and Conditions (Article 6(1)(b) of the RODO);
      2. fulfilment of legal obligations, in particular tax and accounting obligations (Article 6(1)(c) of the DPA);
      3. Establishing, asserting or defending claims and ensuring the security of the website (legitimate interest of the Administrator - Article 6(1)(f) RODO);
      4. Feedback contact on matters addressed to the Administrator (legitimate interest - Article 6(1)(f) RODO);
      5. the sending of newsletters or marketing information by electronic means - solely on the basis of the user's previously granted consent (Article 6(1)(a) RODO, together with the requirements of the provisions on the provision of electronic services and the Telecommunications Law). Consent may be withdrawn at any time.
    2. Categories of data processed:

      1. identification data: name/name;
      2. contact details: e-mail address, telephone number (if provided in the correspondence);
      3. billing data (if invoiced): billing address, tax identification number;
      4. technical and statistical data relating to the use of the website: IP address, identifiers and time stamps in server logs, browser type, operating system.
    3. Data source: as a rule, directly from the user; the technical data is created automatically when using the website.
    4. Duty to provide data: The provision of data is voluntary, but failure to provide data marked as essential may prevent the conclusion or execution of the contract, the issuing of accounting documents or the response to an enquiry.
    5. Data retention period:

      1. in connection with the contract, for the duration of its performance and thereafter for the period of limitation of claims (in principle up to 6 years; for periodic and business-related claims up to 3 years), unless otherwise specified in special regulations;
      2. in order to comply with accounting and tax obligations - for the period required by law (as a rule, 5 years from the end of the tax year);
      3. on the basis of consent - until it is revoked and then for the time necessary to demonstrate the lawfulness of the action (limitation period for claims);
      4. data in technical logs - for the period of time necessary to ensure the security and stability of the site (usually up to 12 months).
    6. Server logs and performance data: When using the website, the IP address, time stamp, browser and system information, among others, are processed. This is based on the Administrator's legitimate interest (Article 6(1)(f) RODO) in providing statistics, security and continuity of the website.
    7. Automated decisions: Administrator not makes decisions towards users in a purely automated manner, including the use of profiling, which would produce legal effects or similarly significantly affect the user.

  3. RECIPIENTS OF DATA AND TRANSMISSION

    1. The data may be entrusted to service providers processing them on behalf of the Administrator (e.g. hosting provider, e-mail provider, accounting systems, payment systems, IT tool providers) - only on the basis of entrustment agreements and to the extent necessary to provide the services.
    2. As a general rule, data is processed within the European Economic Area (EEA). Should there be a transfer of data outside the EEA, this will only take place using the appropriate legal safeguards under the RODO (in particular standard contractual clauses).

  4. DATA SUBJECTS' RIGHTS

    1. The user has the following rights: access, rectification, erasure, restriction of processing, data portability, opposition to processing, and the right to withdraw consent at any time without affecting the lawfulness of the processing carried out before the withdrawal.
    2. Legal basis:

      1. access - Article 15 RODO,
      2. corrigendum - Article 16 RODO,
      3. removal - Article 17 RODO,
      4. limit - Article 18 RODO,
      5. transfer of - Article 20 RODO,
      6. objection - Article 21 RODO,
      7. withdrawal of consent - Article 7(3) RODO.
    3. To exercise your rights, you can contact the Administrator by sending a message to: contact@fxware.pl.
    4. The Administrator shall comply with the request without delay, but no later than within one month of receipt; in the event of the complex nature of the request or the number of requests, the deadline may be extended by a maximum of a further two months, of which the Administrator shall inform within one month.
    5. The data subject has the right to lodge a complaint with the President of the Office for Personal Data Protection (ul. Stawki 2, 00-193 Warsaw).

  5. COOKIES

    1. The website uses "cookies" and similar technologies.
    2. Necessary cookies are used on the basis of the Administrator's legitimate interest (Article 6(1)(f) RODO) in ensuring the correct operation and security of the website. Without them, the use of the website may be hindered.
    3. Analytical/marketing cookies - if incorporated into the service - will only be used with the user's prior consent (Article 6(1)(a) RODO). Consent can be withdrawn at any time, without affecting the legality of the prior processing.
    4. Cookies are divided into:

      1. "session" - stored until the session ends (leaving the site or closing the browser),
      2. "permanent" - stored for the time specified in the file parameters or until deleted by the user.
    5. The user can manage cookies himself through his browser settings (including deleting and blocking them). If a consent banner is displayed on the website, the cookie preferences can also be managed directly in this banner.
    6. As part of the operation of the website, aggregated, anonymous statistics on the use of the website may be kept. This information is not used to identify specific users.

  6. FINAL PROVISIONS

    1. The controller shall apply technical and organisational measures appropriate to the risk, including protecting the data against unauthorised access, loss, damage or destruction.
    2. In matters not covered by this Privacy Policy, the provisions of the RODO and other relevant provisions of Polish law shall apply accordingly.
    3. The Policy may be updated from time to time, in particular in the event of changes to regulations or the functionality of the service. The Administrator will inform the service of significant changes.