1. WEBSITE ADMINISTRATOR
The administrator of the website https://publicmirror.com/ is Public Mirror Spółka z ograniczoną odpowiedzialnością with its registered office in Wrocław, Poland, address: ul. A. Ostrowskiego nr 7 office 167, 53-238 Wrocław, Poland, entered into the register of entrepreneurs kept by the District Court for Wrocław-Fabryczna in Wrocław, Poland, VI Commercial Division of the National Court Register under the KRS number: 0000855054, REGON: 386786926, NIP: 8943157400, share capital: PLN 5,250.00, email address: [email protected] (hereinafter: "Public Mirror").
Contact Form; means the form available on the Website, through which Visitors can submit inquiries regarding the Public Mirror offer, submit complaints, statements, and requests, as well as report problems related to the operation of the Website and Services,
„Opt-out” Form; means the form available on the Website, through which a natural person who is not a User may submit an „opt-out” request, i.e., a request to remove image vectors similar to the image vector of a given natural person and related links to websites and links to photos collected in Public Mirror indexes,
Account; means the User's account on the Website, after its verification and approval by Public Mirror,
Consumer; means an adult natural person with full legal capacity, using the Public Mirror Services to the extent not directly related to business or professional activity,
Materials; means all kinds of information and advertising content made available on the Website, in particular texts, photos, graphics, including logos, charts, video files, other multimedia files, other information, etc., including those subject to copyright protection,
Visitor; means a person browsing the Website without the need to register or log in, including the User,
Regulations, means this Regulations of the publicmirror.com Website, electronically supplied services and supply of digital content by Public Mirror Sp. z o.o.,
Website; means the https://publicmirror.com/ Website,
Subscription; means the User's obligation to purchase digital content to the extent specified in the selected Subscription and to make prepayments in the periods consistent with the Subscription,
Services; means services, products and tools offered/provided by Public Mirror to Visitors,
User Account Contract; means a contract for the creation and maintenance of a User Account on the Website,
Subscription Contract; means a Subscription contract concluded between the User and Public Mirror, the subject of which is to enable the User to monitor his image on the Internet by conducting searches for mentions about the User on the Internet based on image vectors created from the User's photos (biometric data),
Act on Consumer Rights; means the Polish Act of 30 May 2014 on Consumer Rights (consolidated text Polish Journal of Laws of 2020 r. item 287 as amended),
Act on Electronically Supplied Services; means the Polish Act of 18 July 2022 on Electronically Supplied Services (consolidated text Polish Journal of Laws of 2020 item 344 as amended),
User; means the Visitor who has a verified and approved Account on the Website,
Order; means the declaration of will to conclude the Subscription Contract submitted via the User Account and aimed directly at the conclusion of the Subscription Contract.
3. RULES OF USING THE WEBSITE
The following rules are adopted for the Visitors when using the Website:
Using the Website does not require registration or logging in, except for the functionality and Services available only to Users.
Public Mirror does not charge any fees for using the Website to the extent available to Visitors who do not have a User Account, or for setting up and maintaining a User Account, while Subscriptions are available for Users against payment.
Public Mirror does not charge for communication with Public Mirror by electronic means of communication. Using the Website may result in Visitor’s obligation to pay fees to third parties with whom the Visitor has concluded appropriate agreements, such as Internet providers - these costs are borne by the Visitor.
Only adults with full legal capacity may use the Website.
The Visitor may use the Website by reading the Materials available in such a way that he / she has access to them via a browser, at the place and time selected by the Visitor.
In order to use the Website properly, the following is required:
the Visitor has a device with access to the Internet,
using a web browser that enables the display of websites, i.e.,:
Chrome, Firefox, or Opera in one of the last three versions,
Safari or Edge in one of the last two versions, however, Public Mirror always recommends the use of the most up-to-date browser
supporting Cookies in the browser,
supporting WebStorage in the browser.
The Website may also work in web browsers other than those indicated in the preceding section, however, Public Mirror does not support these browsers and does not guarantee that the Website will function properly with their use.
The Visitor may use the Website only for his / her own use, in particular, is not entitled to use the Materials on the Website for the purposes of conducting business or in any way infringing the interests of Public Mirror or third parties.
The Visitor is obliged to use the Website in a manner consistent with the law, these Regulations, good practices, and the principles of social coexistence, bearing in mind the respect for the moral rights and rights of Public Mirror and third parties.
The Visitor undertakes not to transmit any illegal content via the Website, including copyrighted material, material protected by trade secret or confidential, as well as content that the Public Mirror deems inappropriate, in particular of an unlawful nature. vulgar, indecent, or offensive in any other way. The Visitor is solely responsible for the content he added on the Website, in particular for the infringement of moral rights or the rights of Public Mirror or third parties in this way.
The Website and the Services provided by Public Mirror via the Website are intended for use by Visitors within the limits of normal use. It is forbidden to use the Website in an automated manner, including the use of web robots or scripts automating the use, etc.
In order to confirm that the Services available via the Website will be used by a real person and not by a robot, Public Mirror may use the reCAPTCHA tools offered by Google on its Website. Before using the Service, the Visitor may be asked to check the "I am not a robot" box. In random cases, reCAPTCHA may ask the Visitor to rewrite distorted text, select images, or perform simple tasks to distinguish between human and robotic activities. More information on the Google reCAPTCHA tool is available on the Google website: https://support.google.com/a/answer/1217728?hl=en
If Public Mirror finds that the use of the Website is in breach of the rules described in these Regulations, Public Mirror is entitled to temporarily block the Visitor's access to the Website or individual Services available via the Website.
Public Mirror takes steps to configure the Website in such a way as to make its use as comfortable as possible for the Visitor. Public Mirror makes every effort to ensure that the Website works continuously and without interruption, however, it is not responsible for any interruptions in the availability of the Website and any problems or errors related to its display.
Public Mirror reserves the right to make changes to the Website, both in terms of its graphics and content.
The Website and the Materials published on it may be subject to copyright protection, and any dissemination, copying, even in part of the Materials, requires Public Mirror prior written consent.
4. USE OF THE CONTACT FORM
Visitors may contact Public Mirror through the Contact Form available on the Website.
Public Mirror offers personalized solutions for business - therefore Public Mirror has introduced on the Website the possibility for entities interested in the Public Mirror offer to provide their phone number in order to arrange a phone call. Public Mirror also provides a phone number dedicated exclusively to business customers on its Website. Public Mirror does not communicate with Consumers by phone, all Consumers' requests and inquiries should be submitted as described in these Regulations.
5. USE OF THE „OPT-OUT” FORM
Public Mirror has introduced an "Opt-out" Form on its Website, which allows the submission of a request to remove image vectors similar to the image vector of an individual and related links to websites and links to photos included in the Public Mirror indexes.
For technological reasons, as well as to confirm that the request has been submitted by the data subject, submitting a request requires passing the "opt-out" process including sending a photo, undergoing the verification procedure via a webcam, and providing the name, surname, and email address.
The „Opt-out” Form is dedicated only for the natural persons who do not have a User Account on the Website. In the case of Users, the opt-out request may be submitted only after deleting the User Account.
6. USER ACCOUNT
In order to use the Services and to be able to buy a Subscription, it is necessary to create a User Account.
Only registered Users, after logging in, who have successfully completed the process of creating a User Account, have access to Subscriptions offered by Public Mirror.
The process of creating a User Account includes the following steps:
sending a good quality photo from the disk by the Visitor, which includes the Visitor's face image compliant with the photos from the webcam (the search will be performed on the basis of the photo sent from the disk and the Visitor's photos taken in real time),
concluding a Subscription Contract in order to access mentions about the User,
providing the name, surname and email address of the Visitor and setting a password for the Account in accordance with the requirements indicated on the Website,
taking a series of photos of the Visitor's face in real time via a webcam, forcing the given face positions (frontal, left profile, right profile), in order to verify that only a real data subject will use the services and to conduct searches,
system verification of the account on the basis of photos sent from the webcam consisting in checking the correct implementation of commands (acceptance or rejection of the account),
creating an Account and gaining access to the User's mantions.
Public Mirror, under exceptional circumstances, can omit some steps of the process of creating a User Account as long as a Visitor accepts these Regulations and expresses consent to the processing of biometric data n the form of photos of faces and image vectors created from these photos in a manner provided for by Public Mirror and as long as the Visitor’s identity can be verified (for example when an account is created in the presence of a Public Mirror employee).
The User is obliged to verify the email address by clicking on the link sent to the User via email.
The conclusion of the User Account Contract takes place upon completion of the process of creating a User Account.
The User Account Contract is concluded for an indefinite period of time.
In the User Account, the User cannot change the photo sent by the User, as well as change the photos taken via webcam during the process of creating the User Account.
One User may have only one Account.
The User is obliged to provide truthful personal data and to take care of the correctness of the entered data.
It is forbidden to create a User Account providing the data of a third party, as well as using the image of a third party in any form, including photos and recordings of a third party.
The User is obliged to protect the login and password to the Account and not to transfer this data, as well as not to disclose his Account to third parties.
If the Account password is forgotten, the User may recover the password using the "Forgot password?" functionality available on the Website under the “Sing In” panel. After the User enters the email address provided during registration of the User Account and clicks in the "Reset password" field, a link to change the password will be sent to the email address provided by the User.
The User may terminate the User Account Contract at any time with immediate effect. The User Account Contract is terminated by deleting the User Account by the User. Deletion of the User Account prevents the use of the service, however, it does not affect the concluded Subscription Contract. The User may, however, at any time use the Subscription by creating a User Account again. In the event of the will to resign from the Subscription, the User may do so: - before deleting his User Account directly in the User Account, or - at any time via Transaction Cloud as described in the correspondence addressed by Transaction Cloud to the User. The detailed rules and effects of the Consumer exercising the right of withdrawal from the contract are described in part VIII of these Regulations.
Public Mirror is entitled to terminate the User Account Contract, at any time for important reasons, with immediate effect, which results in the deletion of the User Account. In such a situation, the funds paid by User for the Subscription periods following the termination of the User Account Contract, upon the User's request submitted within 30 days from the date of termination of the User Account Contract, shall be refunded. An important reason is, inter alia, the lack of activity in the User Account (no subscription purchase) in the period of the preceding 12 calendar months.
7. RULES FOR THE SUPPLY OF DIGITAL CONTENT FOR USERS
Public Mirror, through its Website, offers services enabling Users to monitor their image on the Internet. For this purpose, Public Mirror creates the so-called image vectors that enable searching for mentions about the User on the Internet.
The User Account Contract and the Subscription Contract are agreements of due diligence, and Public Mirror does not guarantee and is not responsible for the results of their implementation, including the quality, limited quantity, or lack of search results for a given User.
The Subscription Contract is renewable. The minimum term is the period specified in the Subscription.
The Subscriptions are managed in the User Account. In particular, in the User Account, the User may choose the Subscription he / she is interested in, receives information about search results, notifications, has the ability to monitor the Subscription, and may also resign from the Subscription.
The conclusion of the Subscription Agreement takes place upon payment for the placed Order.
Public Mirror provides Subscription Services against payment.
In order to enable the User to check whether the Subscription offered meets his / her needs, Public Mirror may make available to the User the possibility of performing free searches, which will include a limited number of mentions determined by Public Mirror.
The scope of the Subscription and its price are displayed when selecting a Subscription. The Subscription price may be subject to additional taxation, with the final price (including tax) always visible before payment is confirmed.
The User's choice of the payment method and making the payment takes place immediately after placing the Order.
Immediately after the conclusion of the Subscription Contract, Public Mirror shall send to the User's email address the confirmation of the conclusion of the Contract.
The performance of the Subscription Contract takes place after placing the Order and making the payment for the Order. The Contract is implemented in the User Account by providing the User with search results in the form of links to photos and links to websites (supply of digital content).
The User is obliged to immediately report to Public Mirror the problems related to the operation of the Subscription.
The User may terminate the Subscription Contract at any time with effect at the end of a given Subscription billing period. If the User wants to resign from the Subscription, the User may do so directly in the User's Account or via Transaction Cloud in a way described in the correspondence addressed by Transaction Cloud to the User.
The detailed rules and consequences of exercising the right to withdraw from the contract by the Consumer are described in part VIII of these Regulations.
Public Mirror has the right to change the offer of the Services at any time, which does not affect the way and scope of the provision of Services under previously activated Subscriptions.
Public Mirror is entitled to terminate the Subscription Contract for important reasons at any time with immediate effect, which will result in the immediate blocking of the Subscription. In such a situation, the funds paid by Users for the Subscription periods falling after the termination of the Subscription Agreement, upon the User's request submitted within 30 days from the date of termination of the Subscription Agreement, shall be refunded.
8. RIGHT TO WITHDRAW FROM THE CONTRACT
Consumer has a right, within period of 14 days from the date of conclusion of the contract, to withdraw from the contract, without giving any reasons and without incurring any costs other than those provided for in Articles 33, 34.2 and 35 of the Act on Consumer Rights, subject to sec. 2 and 8 below. To meet the withdrawal deadline, it is sufficient to send to Public Mirror the statement on withdrawal from the contract before the expiry of the period for withdrawal.
By purchasing the Subscription, the Consumer agrees to the supply of digital content, before the period for withdrawal from the Subscription Contract, which results in immediate access to digital content and the loss of the right to withdraw from the Subscription Contract. In the event that the Consumer does not consent, the Subscription Contract may not be concluded. Other situations in which the Consumer does not have the right to withdraw are specified in detail in sec. 8 below.
The Consumer may withdraw from the contract by submitting a declaration of withdrawal to Public Mirror on the form constituting Attachment 1 to these Regulations or in another form consistent with the Act on Consumer Rights. In particular, the declaration of withdrawal may be sent via the Contact Form, by email to Public Mirror email address: [email protected], as well as by post to the to Public Mirror registered seat address.
In the event of submitting a declaration of withdrawal from the contract in an electronic form, Public Mirror shall immediately confirm the receipt of such declaration.
In the event of withdrawal from the contract, the contract shall be considered not to have been concluded.
In the case of withdrawal from the contract by the Consumer, Public Mirror reimburses the Consumer all payments made by the Consumer, including the costs of delivering the goods (with the exception of the supplementary costs resulting from the Consumer’s choice of a type of delivery other than the least expensive type of standard delivery offered by Public Mirror), without undue delay and in any event not later than 14 days from the day on which Public Mirror is informed about Consumer’s decision to withdraw from this contract. The refund will be made by the reseller of payment services, i.e., Transaction Cloud Inc.
The reimbursement will be made using the same means of payment as the Consumer used. If such a method of return is difficult or impossible, Public Mirror or Transaction Cloud Inc. will contact the Consumer to agree a different method of return, which will not be associated with any fees on the part of the Consumer.
The Consumer shall have no right of withdrawal from an off-premises or distance contract in the case of contracts: 1) for services, where the entrepreneur has fully provided the service with the consumer's prior express consent, where the consumer has been informed before the performance has begun that they will lose their right of withdrawal once the service has been provided by the entrepreneur; 2) in which the price or remuneration is dependent on fluctuations in the financial market which cannot be controlled by the entrepreneur and which may occur before the end of the period for withdrawal from the contract; 3) whose object are non-prefabricated goods, made to the consumer's specifications or made for the purpose of meeting the consumer's individual needs; 4) whose object are goods which are liable to deteriorate or expire rapidly; 5) whose object are goods in sealed packaging which cannot be returned after the package has been opened due to health protection or for hygiene reasons, if the package has been opened after delivery; 6) whose object are goods which are, after delivery, due to their nature, inseparably mixed with other items; 7) whose object are alcoholic beverages the price of which has been agreed upon at the time of the conclusion of the sales contract and the delivery of which can only take place after 30 days and the actual value of which is dependent on fluctuations in the market which cannot be controlled by the entrepreneur; 8) in which the consumer has specifically requested a visit from the entrepreneur for the purpose of carrying out urgent repairs or maintenance; if the entrepreneur provides services in addition to those specifically requested by the consumer or supplies goods other than replacement parts necessary for carrying out the repairs or maintenance, the customer's right of withdrawal shall apply to those additional services or goods; 9) whose object are audio or video recordings or computer software delivered in sealed packaging, where the package has been opened after delivery; 10) for the supply of a newspaper, periodical or magazine, with the exception of subscription contracts; 11) concluded at a public auction; 12) for the provision of services related to accommodation other than for residential purposes, transport of goods, car rental services, catering or services related to leisure activities, entertainment, sports or cultural events, if the contract provides for a specific date or period of provision of such a service;
- for the supply of digital content which is not supplied on a tangible medium if the provision has begun with the consumer's prior express consent before the end of the period for withdrawal from the contract and after they have been informed by the entrepreneur about the loss of the right of withdrawal from the contract.
In the event of non-performance or improper performance of the Services, in the event of incorrect mutual settlements or in the event of other reservations related to the implementation of the Subscription, the Visitor has the right to lodge a complaint.
Complaints should be submitted via the Contact Form available on the Website or to the following Public Mirror email address: [email protected]. Notifications should contain a detailed description of the problem, and in the case of notifications made by the User via email, additionally the name, surname and email address, the same as indicated in the User's Account.
If the complaint is incomplete and Public Mirror deems it necessary for its proper consideration, Public Mirror immediately calls the Visitor to complete it within no more than 14 days, with the instruction that failure to complete the complaint within this period will leave the complaint without recognition. In the case of supplementing the complaint, it shall be considered made at the time of its completion. If the complaint is not completed, it is left unrecognized as not filed.
Public Mirror considers all complaints without undue delay, but not later than within 14 days from the date of receipt of the complaint.
Information about the result of considering the complaint is sent to the Visitor's e-mail address.
10. CONTACT DETAILS
In matters related to the use of the Website, as well as the provision of Services by Public Mirror, including the submission of inquiries, statements and requests, submitting notifications, you can contact Public Mirror through the Contact Form available on the Website, at the following Public Mirror e-mail address [email protected] or by post to the following address: Public Mirror Sp. z o.o., ul. A. Ostrowskiego nr 7 office 167, 53-238 Wrocław, Poland. Notifications regarding complaints, technical and payment matters, in order to speed up their recognition, should be submitted to the Public Mirror dedicated email: [email protected]
11. ACCEPTANCE OF THE TERMS
By using the Website, as well as the Public Mirror Services, the Visitor agrees to the content of these Regulations, as well as any changes to it, as soon as they are published, provided that the changes will not apply to the Subscriptions already ordered, to the extent that they would be less beneficial for the User. In the event that you do not agree to these rules, please do not use the Website and the Public Mirror Services.
12. DISPUTE RESOLUTION
The Consumer may use both judicial and out-of-court complaints and redress mechanisms.
As part of amicable dispute resolution methods, the Consumer may request:
for assistance in a dispute, to the Polish municipal (poviat) consumer ombudsman,
for mediation, to the Polish provincial inspectorate of the Trade Inspection,
for dispute resolution, to an arbitration court, e.g., a permanent consumer arbitration court,
The Consumer may also submit a complaint via the platform of the online dispute resolution system between consumers and entrepreneurs at the EU level (ODR platform): https://webgate.ec.europa.eu/odr/main/?event=main.home.show.
If, as a result of the complaint procedure, the dispute is not resolved, Public Mirror will provide the User, on paper format or using other durable media, with a declaration of consent or disagreement to participate in the out-of-court settlement of consumer disputes.
13. FINAL PROVISIONS
These Regulations come into force on the day of their publication on the Website.
All communication between the Visitors and Public Mirror will be in Polish or English, at the Visitor's choice.
Public Mirror has the right to amend and update these Regulations at any time by posting the changed content on the Website, and the update date is always visible to the Website Visitor. The introduced changes will not apply to the Subscriptions already ordered, to the extent that they would be less beneficial for the User. Each Visitor acknowledges and agrees that it is his duty to periodically review changes and updates to these Regulations.
Model withdrawal forms: