Data collected by the website owner:
- In case of sending a query using the form available on the website: phone number, e-mail address, first name and, if applicable, surname.
The way of collecting data
- Users’ data may be collected automatically by the server or provided by the User during the process of sending a query by the User to the website owner.
The way data is used
- Users’ data are used for generating statistics of visits to the website, maintaining contact with Users. Users’ data is not shared with other entities, with the exception of entities authorized under the law.
- Users ‘data provided by Users in order to send a query are used for purposes of replying to Users’ questions (contact with a user regarding a query). Users’ data is not shared with other entities, with the exception of entities authorized under the law.
Contact with the User
Making changes to the User’s personal data
- Every User may, in writing, by phone or e-mail, notify the owner of the website of a change in his personal data.
- The administrator of personal data of Website Users is HIGASA nieruchomości Sp. z o.o., ul. Jaśkowa Dolina 132, 80-286 Gdańsk.
- Each User has the right to access their data and the possibility of correcting them.
- Providing data by the User is not obligatory.
The policy of using the website from “cookies” (cookies)
[see “cookie files” policy]
Links to other pages on the site
- The website owner informs that the website may contain links to other websites. The website owner recommends that you read the privacy policies in force there, as they are not responsible for them.
The “cookie” policy of thewww.higasa.pl/ website
- “Cookies” peaks should be understood as IT data stored in user’s end devices, intended for the use of websites. In particular, these are text files, containing the name of the website from which they originate, their storage time on the end device and a unique number.
- The website does not automatically collect any information, except for information contained in cookie files.
- Cookies are intended for using the website pages. The operator uses these files to:
1) the ability to log in and maintain a user session on each subsequent website
2) matching the content of the website to the individual preferences of the user, above all these files recognize his device so that, according to his preferences, he can display the page
3) to create anonymous statistics excluding the possibility of user identification.
- In the interest of security of the data entrusted to us, we have developed internal procedures and recommendations to prevent unauthorized access to data. We control their performance and constantly check their compliance with the relevant legal acts – the act on the protection of personal data, the act on the provision of electronic services, as well as any type of implementing acts and acts of Community law.
- By default, software used for browsing websites allows cookies to be placed on the User’s end device by default. These settings can be changed by the User in such a way as to block the automatic service of “cookies” in the settings of the web browser or inform about their every transfer to the user’s devices.
- Website Users can change the settings for cookies at any time. Detailed information about the possibilities and ways of handling cookies are available in the software (web browser) settings.
- Examples of editing options in popular browsers:
1) – Mozilla Firefox: www.support.mozilla.org/pl/kb/ciasteczka
2) – Internet Explorer: www.support.microsoft.com/kb/278835/pl
3) -GoogleChrome: www.support.google.com/chrome/bin/answer.py?hl=pl&answer=95647
4) -Safari: www.safari.helpmax.net/pl/oszczedzanie-czasu/blokowanie-zawartosci/
- The Website Operator informs that changes to the settings in the user’s web browser may prevent the proper functioning of the Websites.
Regulations of the Higasa.pl website
These regulations define the rules of access and use of the Higasa.pl internet service by Users, on which information on the real estate market is posted. At the time of registration on the Website, the User accepts the Regulations.
- The website operating at http://www.higasa.pl// is run by HIGASA nieruchomości Sp. z o.o., ul. Jaśkowa Dolina 132, 80-286 Gdańsk, tel.: +48 734 732 528 entered into the National Court Register maintained by the District Court Gdańsk-Północ in Gdańsk, VII economic department under no. 0000679422, NIP: 583-32-48-212, REGON: 367360607. Company capital: PLN 5,000 – paid in full.
- The Regulations define the scope and type of Services provided by the Operator using the Website and the rules for the provision of Services.
- The administrator of Users’ personal data is the Operator.
- The website operates on the terms set out in the Regulations.
- The condition of using the Website is to read the Regulations and accept all its provisions.
- The website serves information about the Real Estate, and all information contained on the Website does not constitute an offer to conclude a sales contract, only an invitation to its conclusion.
- Price – prices indicated by the Developer for the sale of Real Estate available on the Website, expressed in Polish zlotys (PLN) and including tax on goods and services (VAT).
- Developer – a legal person or an organizational unit without legal personality, having legal capacity that invests in the construction of Real Estate offered through the Website.
- Contact form – a form for reporting interest in the Real Property involving the processing of your personal data by the Operator indicated in the form, i.e. the User’s name or company (in the case of Users running a business) and the User’s e-mail address.
- Investment – a construction project implemented by the Developer.
- Real property – real estate within the meaning of the provisions of the Civil Code with a restriction to residential and commercial premises offered for sale by the Developer as part of the Investment.
- Announcement – an offer placed on the Website by the Operator regarding the sale of the Real Property and their presentation by the time specified for each type of advertisement, containing, among others a description of the Real Estate, photos of the Real Property, the price of the Real Property and other relevant information regarding the Property that the Operator has received from the Developer offering the Real Property for sale.
- Operator – the company HIGASA nieruchomości Sp. z o.o., ul. Jaśkowa Dolina 132, 80-286 Gdańsk, tel.: +48 734 732 528 entered into the National Court Register maintained by the District Court Gdańsk-Północ in Gdańsk, VII economic department under no. 0000679422, NIP: 583-32-48-212, REGON: 367360607. Company capital: PLN 5,000 – paid in full.
- Discount Price – negotiated by the Operator with the Developer a difference (in percentage) between the Price for which the Developer offers their Real Estate for sale on the real estate market, except for the Service and the Price indicated in the Adverts.
- Regulations – this document valid for Users, which is the regulations referred to in art. 8 sec. 1 of the Act of 18 July 2002 on the provision of electronic services and is made available free of charge via the Website.
- Service – any service provided electronically by the Operator to the User via the Website, in particular involving the presentation of the Real Property.
- User – an adult natural person (having full legal capacity), a legal person or an organizational unit without legal personality, having legal capacity, using the Website and accepting the Regulations.
Use of the Services by the User
- The Website enables Users to undertake activities related to the purchase of Real Estate from the primary market, in particular:
1) getting acquainted with the content of Advertisements posted on the Website along with the Prices negotiated by the Operator, which may be subject to a Price Discount,
2) getting acquainted with information from the real estate market,
3) reporting to the Operator about the purchase of the Real Property.
- The User may read the Adverts posted on the Website free of charge, and after making the selection of the Investment through the Website, including the specified Property and using the “I am interested” function, may also notify the Operator of the purchase of the Property.
- The purpose of using the Service referred to in point 3.1.1. The User is obliged to complete the data indicated in the Contact Form.
- After the Operator receives the notification referred to in point 3.1.1. the Operator’s representative will contact the User to the e-mail address indicated by him in order to determine the scope of further activities related to the Real Estate purchase process.
- The Website may contain Announcements not covered by the Price Discount.
Using the Website
- Use of the Website means any activity that leads to the User’s knowledge of the Content and / or the purchase of the Goods. Such use is voluntary, free of charge in terms of read the Content itself and does not require any formalities from the User. Operatoer, however, reserves the right to introduce other functionalities of the Website than those currently provided for, the use of which may depend on compliance with certain formalities or conditions, including registration. The Operator shall inform about the above-mentioned circumstances, including the change of the Regulations in this respect, through the means available to him, in particular by placing messages in this regard on the Website.
- Use of Content may only consist in displaying, viewing or reproducing Content for personal use, directly from the Website.
- It is also required to have an active and correctly configured e-mail account.
- Use of the Website is allowed only to the extent resulting from the Regulations and in accordance with its provisions.
- The User is not entitled to any rights, including copyrights or related rights to the Content, except the right to use it in the manner specified in the Regulations.
- The User is not entitled to any recording, reproduction, sharing, publishing or distribution of the Content in a manner beyond the permitted personal use.
- The User is not entitled to any interference with the Website and the Content, in particular he is not entitled to interfere with the content, structure, form, graphics, mechanism of action, or other elements of the Website and Content; may not make any changes, additions, modifications or other actions on the Content other than those expressly permitted under these Regulations.
- The Website may contain advertisements or other commercial content, including marketing, commercial and promotional content, in various forms, subject to the provisions of subpara. 21.
- The User acknowledges and accepts that the information contained in the Content and Services, including advice, tips and hints, does not replace advice and guidance given by an expert or other competent person after a detailed analysis of the specific case and all its circumstances. The Operator takes care to publish the most up-to-date and complete information on the Website and within the Services, however the Operator is not responsible for its effectiveness, the ability to comply with such tips or advice and the effects of their use. The User uses the Content and content contained in the Goods at his own risk and responsibility.
- It is forbidden to provide the User with unlawful content and using the Services by the User in a manner contrary to the law, decency, infringing personal rights of third parties or legitimate interests of the Operator.
- It is prohibited to perform any activities that are not explicitly permitted by the Regulations, and in particular which would destabilize the work of the Website, make it difficult to access or use the Website or Content. It is also forbidden to take other actions to the detriment of the Operator, Users or threatening their rights or interests. The Operator is not responsible for disruptions in the Service due to force majeure, equipment failure or unauthorized interference by Users.
- It is forbidden to practice, without the knowledge and express consent of the Operator, commercial, advertising and promotional activities with the help of the Website.
- The Operator confirms that regardless of the actions taken by it to secure the Website, due to the public nature of the Internet and the use of Services provided electronically, Users should take into account the risk of obtaining and modifying Users’ data by unauthorized persons. Therefore, Users should also, in order to increase the security of their equipment and data, use appropriate technical measures that will minimize the above-mentioned threats by using antivirus and identity protection programs using the Internet. The Operator recommends avoiding the use of the Website using unknown personal computers
- Any extraordinary signs of the Website functioning, in particular a different Website appearance, unprecedented messages, images, etc., without prior information sent by the Operator to Users regarding the possibility of such events, may mean an attempt of unlawful activity of third parties. In such circumstances, the Operator recommends to immediately stop using the Website.
Principles of Responsibility
- The Operator is not a party to any of the agreements concluded between the User and the Developer as referred to in point 3.1. Regulations.
- The Operator is not responsible for the excessively overloaded Internet connection of Users and other persons using the Website, as well as other inter-operator links.
- The Operator undertakes to take care of the proper functioning of the Website.
- The Operator will make every effort to ensure the uninterrupted operation of the Website and will immediately remove any failures to minimize the negative effects of technical problems.
- In the event of necessity to make changes and improvements on the Website, or carry out maintenance works or equipment failures, the Operator reserves the right to temporarily disrupt the Website’s operation.
- Advertisements posted by Developers via the Website relate to Properties located at various stages of construction, in many cases excluding the possibility of a quick introduction or use of the Property.
- The Operator’s liability is limited to the usual consequences, predictable at the time of conclusion of the contract. The Operator is not responsible for any losses incurred by the User, as well as for the lost benefits.
Additional rules for using the Website
- Without the need to make any registration on the Website, the Website allows you to read the Ads placed therein, advice on choosing a property, updated information about the real estate market, creditworthiness calculator and a calculator for fees associated with the purchase of real estate.
- All content, including graphic elements and software constituting the content of the Website, may be used by Users and other people using the Website only for non-commercial purposes related to the normal use of the Website. Any commercial use of content provided via the Website requires prior written consent of the Operator.
- The Operator reserves the right to change the Regulations. All changes to the Regulations are effective from the date of publication and making them available on the Website. In such a situation, the condition for further use of the Website is to read and accept by the User or other person using the Website the new Regulations in full along with the introduced changes.
- The Regulations enter into force on the day of announcement and making available on the Website.
- Correspondence addressed to the Operator should be sent to the following address: HIGASA nieruchomości Sp. z o.o., ul. Jaśkowa Dolina 132, 80-286 Gdańsk.
- The Newsletter is a Free Service, available to all Users who will provide their e-mail address via the Form provided on the Website.
- The Newsletter is sent cyclically to Users who have subscribed to it,
- The possibility of Users using the Eletter / Newsletter is conditioned by having an active and correctly configured e-mail account.
- For the successful completion of the Eletter / Newsletter subscription procedure, it is necessary to activate this subscription by the User. For this purpose, it is necessary to click on the activation link sent by the Operator to the e-mail address provided by the User in order to verify this address.
- The User may at any time unsubscribe from the Eletter / Newsletter in the manner specified in its content.
- Each Newsletter contains:
1) information about the sender;
2) the “subject” field filled out, specifying its content;
3) information on how to unsubscribe from the Newsletter or change parameters (eg User’s e-mail address).
Reporting a threat or violation of rights
- If the User or another person decides that the inclusion of the Content on the Website has been made in violation of the law, personal rights, good manners, feelings, morals, beliefs, principles of fair competition, know-how, interests, secrecy protected by law or on based on the accepted undertaking, it may notify the Operator of a potential breach.
- An operator notified of a potential breach shall take steps to verify and remove Content from the Website in the scope referred to in paragraph 116 that is the cause of the breach.
- The operator is deemed to be notified of the notification of the violation referred to above if the following conditions are met:
1) the notification will be sent by an authorized person:
a. in the case of natural persons acting on their own behalf or as a representative: together with the name and surname, if any, as a representative, correspondence address, e-mail addresses, with their own signature;
b. in the case of other persons or entities: together with the name and surname, appropriate authorization issued by the authorized person / persons along with an indication of the basis of such entitlement, correspondence address, e-mail addresses, with their own signature;
2) the notice will indicate the basis for the right to make a notification and request removal of a specific Content;
3) the notification will contain a description of the Content to which it applies, with an indication of the website’s subpage under which it is available and the space on it, which will enable the Operator to locate this Content.
- The operator notified in the manner described in paragraph 118, will analyze the notification and after confirming its validity, remove the Contested Content from the Website.
- In cases of obvious violation, notices may be submitted in electronic form via e-mail sent to: email@example.com. Such notification should contain all elements described in paragraph 118, excluding the handwritten signature of the notifier. Necessary authorizations or documents can be attached in PDF format.
- The operator may, prior to the final consideration of the notification, request supplementation of the notification or submit further explanations, and in the case of the notification referred to in para. 120, may request that the notification referred to in paragraph 118.
- The Operator is entitled to breaks or interruptions in the provision of Website Services and the provision of access to the Website, if their cause is:
1) modification, modernization, extension or maintenance of the ICT system or the Operator’s software.
2) force majeure, acts or omissions of third parties (actions independent of the Operator).
- The Operator will, if possible, inform about technical breaks and their duration by means of available means, in particular by posting messages on the Website.
- The Operator is not responsible for the impossibility or difficulties in using the Website, resulting from reasons attributable to the User, in particular in the event of providing incorrect data by the User, whether for the User’s loss or entry into possession by third parties (regardless of the method) login or password. The operator provides the ability to recover the Password by the User.
- The Operator shall not be liable for damages caused by User’s actions or omissions, in particular for their use of the Website in a manner inconsistent with applicable law or the Regulations.
- The Operator is not responsible for the content and correctness of data and information entered by the User to the Website, as well as for the content and correctness of data and information entered by the User to the Forms generated using the Website.
- The Operator is liable to a User who is not a Consumer within the limits of the actual loss suffered (damnum emergens) by the User.
- In the event that non-performance or improper performance of any of the Contracts is also an unlawful act, the Operator’s liability towards the User who is not a Consumer is limited to contractual liability specified in the Regulations.
- The Operator’s exclusive source of obligations is these Regulations and the mandatory provisions of law.
- The Operator reserves the right to place on the Website advertising content regarding its own Goods and Services, as well as goods and services of third parties, in forms used on the Internet.
Final provisions and amendments to the Regulations
- These Regulations shall apply from January 21, 2018.
- The content of these Regulations may be recorded by the User by printing, saving on a carrier or downloading at any time from the Website.
- Using the Website is tantamount to accepting the Regulations. Regardless of this, making an effective Registration requires carefully reading the Regulations and accepting its provisions.
- The Operator reserves the right to change the Regulations at any time, subject to paragraph 138. It may be caused in particular by legislative changes or changes in the practice of applying the law, development of Internet technologies, changes in the rules of using the Services or from the Website. In the case of Services provided via the Online Store, amendments to the Regulations may be caused in particular by: a change in the methods of payment, a change in the manner of delivery of the Goods.
- The Operator shall be informed by the Operator about the contents of the amendment at least one month before its introduction, by placing by the Operator on the main Website of the Website a change of the Regulations containing a list of amendments to the Regulations and maintenance of this information on the main Website for at least a month
- The User has the right to terminate the Contract for the provision of Paid Services not later than 14 days prior to the introduction of amendments to the Regulations. The User’s statement on this subject requires to be made in writing under pain of nullity.
- It does not constitute a change to the Regulations: change of the contact details concerning the Operator contained in it, nor change of the Operator’s data resulting from the change in the legal form of running the business.
- The Operator also has the right to decide to cease or suspend the provision of the Services. In this case, it will inform Users by posting relevant information on the Website. The cessation or suspension of the Services may take place after at least 30 days from the date of publishing the above information.
- In the scope not regulated by the Regulations, the applicable provisions of Polish law shall apply, in particular the provisions of the Civil Code, the Act of 18 July 2002 on the provision of electronic services, the Act of 29.08.1997 on the protection of personal data and implementing provisions to this act, the Act of 04.04.1994 on copyright and related rights, as well as the Act on consumer rights.
- The Regulations do not exclude or limit any rights of the User who is a consumer who is entitled to him under the mandatory provisions of law. In the event of a conflict between the provisions of the Regulations and the mandatory provisions of law giving Consumer rights, priority is given to these provisions.
- In the event of a change or cancellation of any of the provisions of these Regulations by a decision of the competent authority or court, the remaining provisions shall remain in force and bind the Operator and the User.
- The law applicable to the resolution of any disputes arising from these Regulations, the Agreement or the Sales Agreement is the Polish law. Any disputes arising from these Regulations, the Agreement or the Sales Agreement, which can not be settled by the parties first, are then settled by the common court having jurisdiction over the seat of the Operator, and with reference to Consumers by the common court competent in accordance with the general rules laid down in Act of November 17, 1964. Code of Civil Procedure (consolidated text: Journal of Laws of 2014, item 101).