§ 1. INTRODUCTION
1. This agreement, hereinafter referred to as the regulations, defines the terms of use of the social networking site, available at www.townely.com
2. These regulations operate on the basis of the law, in particular on the basis of:
• Act of 18 July 2002 on the provision of electronic services (Journal of Laws of 2017, item 1219);
• Act of 23 April 1964. Civil Code (Journal of Laws of 2018, item 1025);
3. Definitions:
• regulations - these regulations of the townly.com website;
• service provider - TOWNELY SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office in Wrocław at Wyspa Słodowa 7, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court in Wrocław under the KRS number 0001036326:, with the NIP number: 8982292533, REGON: 525162905;
• website - a social networking site located at www.townely.com, owned by the Service Provider, used for booking tables in dining establishments, personal pickups and deliveries by restaurant customers;
• application: an application operated by means of the IOS or Android system that allows you to book any of the available services of the portal, in accordance with the content of these regulations;
• user - a natural person over 13 years of age, a legal person or an organizational unit with legal capacity, using the website. Subject to §5 sec. 1 of the regulations;
• restaurant: a restaurant with waiter service, where consumption takes place at the tables, but also a place offering personal collection or delivery of ordered dishes;
• representative of the catering establishment: the owner of the establishment or another person authorized to act on behalf of the catering establishment;
• services - services provided electronically by the service provider based on the contract and regulations;
• data - user's data, including personal data, processed in order to perform the contract;
• registration - an activity consisting in providing data by the user to the extent necessary to use the website;
• table reservation - providing the catering establishment with information about the willingness to take a table in a specified establishment at a specified time and by a specified number of people, indicated by the user:
• basic reservation: free transfer by the user of the desire to book a table in a specific dining establishment, at a specific time for a specific number of people;
• dedicated reservation: the user's paid request to make a reservation
booking a table in a specific restaurant at a specific time for a specific time
number of people;
selecting a menu, assigning a menu to a specific person, paying for a selected menu.
• booking a personal collection - providing the catering establishment with information about your willingness
purchase dishes from the offer of a specific premises, at a specific time, specifically selected dishes, with personal collection by the user
• personal pick-up basic booking: free transfer by the user
willingness to purchase dishes from the offer of a particular gastronomic establishment, o
at a specific time, specifically selected dishes, with personal collection;
• reservation dedicated to personal pickup: payment by the user
willingness to purchase dishes from the offer of a specific place, at a specific time, specifically
selected dishes, payment for selected menu, with personal collection;
• booking a delivery - providing the catering establishment with information about the willingness to purchase dishes from the offer of a specific establishment, at a specific time, specifically selected dishes, to a specific address by the user
• Basic Delivery Reservation: free transfer by user
willingness to purchase dishes from the offer of a specific catering establishment, at a specific time
time, specifically selected dishes, with delivery to the address provided by the user;
• reservation dedicated to personal pickup: payment by the user
willingness to purchase dishes from the offer of a specific catering establishment, at a specific time
time, specifically selected dishes, payment for the selected menu, with delivery to the address provided by
user address;
§ 2 PURPOSE OF THE WEBSITE
1. The website is intended to enable users to book a table, pick up and deliver in a selected restaurant free of charge using the website, at any time and at any time.
2. In the case of dedicated services (dedicated table reservation, dedicated personal collection, dedicated delivery), the catering establishment charges a fee in the amount of the menu items selected for booking, together with any delivery costs.
§ 3 RULES OF OPERATION OF THE WEBSITE FOR USERS
Registration
1. In order to make a reservation, the user is obliged to register on the website at www.townely.com or through the application.
2. The user may register either using the user's e-mail address or using a Facebook, Google or Apple user account.
3. User Registration
ika on the site is free.
4. The User, after logging in to the website, is obliged to
providing the following data:
• e-mail address,
• telephone number,
• name and surname;
5. The data indicated above are necessary to make a reservation and will be used by the catering establishment only for this purpose.
Reservation
6. The User may book basic or dedicated services.
7. In the case of making a basic reservation, the restaurant will select the appropriate table based on the information provided by the user.
8. The user will be able to keep in touch with the restaurant via the messenger available on the website.
9. During the day, the User can make up to 5 reservations in catering establishments.
Several reservations during the day in the same restaurant will be treated as separate reservations.
10. After making the reservation, the user will receive a confirmation via email.
11. In the case of booking dedicated services, the customer will be required to pay for the ordered services.
Cancellation/change of booking time
12. The User has the right to cancel the reservation no later than 1 (in words: one) hour before the start of the reservation. The User also has the right to change the time and/or date of the reservation made no later than 1 (in words: one) hour before the scheduled start of the reservation.
13. The reservation is valid for the time indicated by the restaurant.
14. The information referred to in par. 1 and sec. 2 above will be individually regulated by the catering establishments operating on the www.townely.com website and may change.
Reviews/Ratings
15. After making a reservation, the User has the right to write an opinion and evaluate his visit to the catering establishment. The rating and opinion can be added by the user at any time of the day up to the date of booking.
16. The restaurant may respond to comments and ratings left by users. A gastronomic establishment may report an undue opinion to the website (in a situation where the user did not appear at the gastronomic establishment and left a comment) and untrue.
§ 4 RULES OF OPERATION OF THE SERVICE FOR GASTRONOMY PREMISES
Registration
1. To be able to make a reservation in a catering establishment, the representative of the establishment must register on the website.
2. Registration on the website www.townely.com is made by the owner or another person authorized by the owner of the catering establishment.
3. After registering on the website, the person, in accordance with § 4 section 1 of these regulations, must provide the following data:
• Name of the catering establishment;
• E-mail adress;
• Phone number;
• Opening hours;
• Possible booking times;
• menus;
• Photos of the restaurant;
• Estimated number of guests for which he can register via www.townely.com per hour.
4. The gastronomic establishment chooses which services offered by the website it wants to activate (table reservation, personal collection, deliveries), at what level (basic or dedicated service reservation), and whether reservations will be accepted automatically or manually.
5. The gastronomic establishment may at any time change its preferences described in § 4 section 4 of these regulations.
Offer for catering establishments
6. Settlement period - a month counted from the moment of activation of the services of the catering establishment on the website www.townely.com.
7. The restaurant receives a month (i.e. one billing period) free of charge to test all the services of the website.
8. After the end of the free period specified in point 7 above, the premises is obliged to pay a subscription - an advance fee for using the service for each subsequent billing period.
9. Payments can be made on a monthly basis, on the basis of an issued invoice, by means of a payment card or in the form of a standing direct debit.
10. The restaurant agrees to use the services of the PayU payment gateway, thanks to which the customer can make payments for the booked services.
11. The funds paid by customers for the booked services will be accumulated on the PayU account. Catering establishments may at any time request the release of accumulated funds and transfer to the specified account.
12. All detailed information about subscriptions and fees for additional services are available on the website www.townely.com in the Price List tab.
Cancellation/cancellation of the booking
13. A gastronomic establishment, in accordance with the provisions of § 3 sec. 10 will confirm the possibility of booking services, both ordinary and dedicated, within the time limit set by it. Unless it provides the option of booking without confirmation.
Resignation from the services of the website
14. The restaurant may resign from the service at any time.
15. Resignation should be reported by e-mail to the address townely@townely.com or by phone to
the guardian of the premises.
16. In the event of resignation from the services, the catering establishment is not entitled to a refund of the funds paid for the subscription in the given settlement period in which the resignation of the services took place.
§ 5 PRIVACY POLICY AND SECURITY OF PERSONAL DATA
1. For the purposes of the privacy policy, it is assumed that the website user means both the person making the reservation of services, as well as the person whose data is processed in connection with the registration of the catering establishment on the website.
2. Processing by the Administrator of personal data provided by the user during registration on the website www.townely.com takes place on the basis of art. 6 sec. 1 lit. b GDPR, in order to provide the service by the website and on the basis of consent expressed based on art. 6 sec. 1 lit. a GDPR for the processing of the user's personal data for marketing purposes (sending a newsletter
e-mail and sms).
2. Pursuant to art. 6 sec. 1 lit. b GDPR The administrator processes the user's personal data in the form of profiling in order to best match its services to preferences
user. The administrator does not make automated decisions regarding the user on the basis of profiling referred to in art. 22 sec. 1 and 4 GDPR.
3. The administrator of the user's personal data collected via the website is Townely sp. z o. o. email: townely@townely.com
4. The Data Protection Officer is Maciej Wesoły, contact details: townely@townely.com
5. The administrator will store the personal data of the registered user until the user expresses his will to delete the account on the website, but not shorter than until the expiry of the limitation period for claims arising from the concluded contract or for the period required by separate provisions on tax and accounting obligations - depending on which period ends later. After this period, the user's personal data will be processed by the Administrator pursuant to art. 6 sec. 1 lit. f of the GDPR, i.e. for purposes arising from the Administrator's legitimate interests for the purposes of direct marketing.
6. The recipients of the personal data of the user making the reservation, processed by the Administrator, are catering establishments registered on the website and companies handling online payments.
7. The User has the right to demand from the Administrator access to his personal data, rectification, deletion or limitation of processing, as well as the right to transfer data.
8. The user has the right to object at any time - for reasons related to his particular situation - to the processing of his personal data based on art.
6 sec. 1 lit. e) or f), including profiling based on these provisions. The administrator will no longer be allowed to process these personal data, unless he demonstrates the existence of legally valid ones
legitimate grounds for processing, overriding the interests, rights and freedoms of the data subject, or grounds for establishing, pursuing or defending claims.
9. If personal data is processed for the purposes of direct marketing, the user has the right to object at any time to the processing of personal data concerning him for the purposes of such marketing, including profiling, to the extent that the processing is related to such direct marketing.
10. If the processing of personal data by the Administrator is based on the consent given by the Customer, referred to in art. 6 sec. 1 lit. a) GDPR, the user has the right to withdraw consent at any time without affecting the lawfulness of the processing that was carried out on the basis of consent before its withdrawal.
11. The User has the right to lodge a complaint with the supervisory body, which is the President of the Office for Personal Data Protection, if he considers that the Administrator processes them in violation of the provisions on the protection of personal data.
12. Providing personal data by the user is a contractual requirement and is voluntary, but necessary to book services through the website www.townely.com Failure to provide personal data results in the impossibility of providing the service.
§ 6 FINAL PROVISIONS
1. These Regulations are available at the seat of the service provider and at the electronic address www.townely.com in an electronic version, enabling its acquisition, reproduction and recording using the ICT system used by the User.
2. The Service Provider reserves the right to make changes to these regulations.
3. The regulations available on the website www.townely.com are the regulations in force on a given day.
4. In matters not covered by these regulations, the provisions of Polish law, in particular the Civil Code, shall apply.
5. Disputes, if the user or a person authorized to act on behalf of the catering establishment expresses such a will, are resolved through mediation proceedings in Wojew
Łódź Inspectorates of the Trade Inspection or a process before the arbitration court at the Provincial Inspectorate of Trade Inspection or by equivalent and lawful methods of pre-judicial or out-of-court dispute resolution indicated by the Consumer. The data contained in the register and any changes thereto are transferred to the European Commission, which publishes a list of entities conducting out-of-court resolution of consumer disputes notified to it by the Member States of the European Union on the ODR platform (ODR - Online Dispute Resolution) available at: https://ec .europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=PL.
As a last resort, the case is settled by the court having local and material jurisdiction.
INFORMATION CLAUSE ON RESTAURANT PERSONAL DATA PROCESSING
Below you will find information on the processing of your personal data by us in connection with the use of your account registration on the website available at: www.townely.com and in the mobile application called Townely.com (hereinafter jointly referred to as the "Website").
Who is the Administrator of your personal data and how can you contact us?
The administrator of your personal data is Townely sp. z o. o. with its registered office in Wrocław, Wyspa Słodowa 7, entered into the Register of Entrepreneurs of the National Court Register under the number: 0001036326. You can contact us as follows:
in writing - by sending a letter to Townely sp. z o. o. Wyspa Słodowa 7 50-266 Wrocław or by e-mail - by sending an e-mail to townely@townely.com
directly with the Data Protection Officer appointed by us - by sending an e-mail to townely@townely.com
What personal data will be processed by us and what source does this data come from?
Data obtained directly from you
In connection with the submission of your restaurant to the Website and in connection with the registration of an account on our website, the following personal data is processed:
restaurant name,
name and surname (restaurant owner or contact person),
Phone number,
e-mail adress,
restaurant website address,
account password,
and, in addition, for billing purposes, including issuing an invoice, also the following personal data:
company name,
company address (with street and number, postal code and city),
tax identification number.
Data obtained automatically in connection with the use of the Website
In connection with your use of the Website, including in connection with visiting our website, technical data regarding the use of the Website and the website are automatically transferred, i.e.:
the IP address of your device,
date and time of your visit to our website.
What are the purposes and legal grounds for processing your personal data?
Your personal data will be processed by us for the following purposes and on the following legal grounds:
our performance of the service consisting in handling reservations made by users of the portal in your restaurant - the basis for processing is art. 6 sec. 1 lit. b) GDPR,
fulfillment of legal obligations set out in the law (including obligations arising from tax law or accounting regulations) - the basis for processing is art. 6 sec. 1 lit. c) GDPR,
marketing of our services and services provided by entities cooperating with us - the basis for processing is art. 6 sec. 1 lit. b) GDPR (your consent),
ensuring the security of using the Website and the correct functioning of the Website - the basis for processing is art. 6 sec. 1 lit. f) GDPR (our legitimate interest)
In addition to the above main purposes, your personal data will also be processed for the purposes of:
investigation and defense against possible claims related to the services we provide - the basis for processing is art. 6 sec. 1 lit. f) GDPR (our legitimate interest),
consideration of complaints submitted by you and answering your questions, requests or complaints - the basis for processing is art. 6 sec. 1 lit. f) GDPR (our legitimate interest),
creating analyzes and summaries for our internal needs - the basis for processing is art. 6 sec. 1 lit. f) GDPR (our legitimate interest),
Is providing personal data mandatory?
Providing your personal data is voluntary, but without providing this data you will not be able to use the services provided via the Website.
To which recipients will we transfer your personal data?
The recipients of your personal data will be entities cooperating with us, with the help of which we conduct our business, including entities providing us with marketing services, payment service providers dealing with the provision of possible payments by you to us or vice versa, IT service providers dealing with providing software and equipment, service companies
accounting services, debt collection companies and law firms.
We will also transfer your personal data to public authorities or other entities when we are obliged to do so by law.
Your personal data may also be transferred to public authorities or other entities when we are obliged to do so by the law.
We also inform you that we do not plan to transfer your personal data to countries outside the European Economic Area. However, if such a need arises in the future, we will do it only to the extent that the law allows us to do so, and we will immediately inform you about this fact.
For how long will we store your personal data?
Your personal data will be stored by us for the period necessary for us to perform the service, in particular for the period in which you have an account registered with us, and in the case of considering complaints and claims - until these claims expire, and in the remaining scope, the data will be stored only when it is allowed in accordance with applicable regulations, e.g. for billing purposes or for the purpose of pursuing claims.
In the case of processing personal data for marketing purposes, these data will be processed until you withdraw your consent to the processing of this data.
What are your rights related to the processing of personal data?
In connection with the processing of your personal data by us, you have the following rights:
the right to access your data, including obtaining a copy of the data,
the right to request rectification of data,
the right to delete data (in certain situations),
the right to limit data processing.
the right to lodge a complaint with the supervisory body dealing with the protection of personal data, if you believe that the processing of your personal data violates the provisions of the GDPR.
If your data is processed on the basis of consent, you have the right to withdraw consent to the extent that the data is processed on this basis. Withdrawal of consent does not affect the lawfulness of processing based on consent before its withdrawal.
To the extent that the basis for the processing of your personal data is the premise of the legitimate interest of the Administrator, you have the right to object to the processing of your personal data
In order to exercise the above rights, please contact us using the contact details provided at the beginning.
INFORMATION CLAUSE ON THE PROCESSING OF PERSONAL DATA OF WEBSITE USERS
Below you will find information on the processing of your personal data by us in connection with the use of the website available at www.townely.com and the mobile application called Townely.com, as well as via the Facebook account (hereinafter jointly referred to as the "Website").
Who is the Administrator of your personal data and how can you contact us?
The administrator of your personal data is Townely sp. z o.o. with its registered office in Wrocław, Wyspa Słodowa 7, entered into the Register of Entrepreneurs of the National Court Register under the number: 0001036326.
You can contact us as follows:
in writing - by sending a letter to the address of Townely sp. z o.o., Wyspa Słodowa 7 50-266 Wrocław,
by e-mail - by sending an e-mail to the address townely@townely.com
directly with the Data Protection Officer appointed by us - by sending an e-mail to townely@townely.com
What personal data will be processed by us and what source the data comes from
Data obtained directly from you
In connection with making reservations through us, the Website and in connection with registering an account on our website, the following personal data is processed:
first name and last name,
Phone number,
e-mail adress,
account password,
and if you choose the option to issue an invoice, also the following personal data:
company name,
company address (with street and number, postal code and city),
tax identification number,
and if you fill in the "Details" field in the booking form - also the data provided in this field, e.g. data regarding your preferences related to the booking. Please note that sensitive data may be provided here, e.g. food allergies. If you do not want this data to be processed, please leave this field blank.
Data obtained automatically in connection with the use of the Website
In connection with your use of the Website, including in connection with visiting our website, technical data regarding the use of the Website and the website are automatically transferred, i.e.:
the IP address of your device,
date and time of your visit to our website.
Data obtained in connection with issuing opinions and ratings
Due to the possibility of
providing your opinions and making a reservation visit in the premises, we will process data regarding the IP address of the device.
What are the purposes and legal grounds for processing your personal data?
Your personal data will be processed by us for the following purposes and on the following legal grounds:
our performance of the service consisting in handling the reservation of premises, including informing you about the status of the reservation - the basis for processing is art. 6 sec. 1 lit. b) GDPR,
marketing of our services and services provided by entities cooperating with us - the basis for processing is art. 6 sec. 1 lit. b) GDPR (your consent),
ensuring the security of using the Website and the correct functioning of the Website - the basis for processing is art. 6 sec. 1 lit. f) GDPR (our legitimate interest).
In addition to the above main purposes, your personal data will also be processed for the following purposes:
investigation and defense against possible claims related to the services we provide - the basis for processing is art. 6 sec. 1 lit. f) GDPR (our legitimate interest),
consideration of complaints submitted by you and answering your questions, requests or complaints - the basis for processing is art. 6 sec. 1 lit. f) GDPR (our legitimate interest),
creating analyzes and summaries for our internal needs - the basis for processing is art. 6 sec. 1 lit. f) GDPR (our legitimate interest),
Is providing personal data mandatory?
Providing your personal data is voluntary, but without providing this data you will not be able to use the services provided via the Website.
To which recipients will we transfer your personal data?
The recipients of your personal data will be primarily restaurants in which you make a reservation via our Website.
The recipients of your data will also be entities cooperating with us, in particular those providing services to ensure the proper functioning of the Website, including IT service providers, and entities providing marketing services to us, e.g. advertising agencies, where these entities process personal data on on the basis of contracts concluded with us and only in accordance with our instructions.
Your personal data may also be transferred to public authorities or other entities when we are obliged to do so by the law.
We also inform you that we do not plan to transfer your personal data to countries outside the European Economic Area. However, if such a need arises in the future, we will do it only to the extent that the law allows us to do so, and we will immediately inform you about this fact.
For how long will we store your personal data?
Your personal data will be stored by us for the period necessary for us to perform the service, in particular for the period in which you have an account registered with us, and in the case of considering complaints and claims - until these claims expire.
In the case of processing personal data for marketing purposes, these data will be processed until you withdraw your consent to the processing of this data.
What are your rights related to the processing of personal data?
In connection with the processing of your personal data by us, you have the following rights:
the right to access your data, including obtaining a copy of the data,
the right to request rectification of data,
the right to delete data (in certain situations),
the right to limit data processing.
the right to lodge a complaint with the supervisory body dealing with the protection of personal data, if you believe that the processing of your personal data violates the provisions of the GDPR.
If your data is processed on the basis of consent, you have the right to withdraw consent to the extent that the data is processed on this basis. Withdrawal of consent does not affect the lawfulness of processing based on consent before its withdrawal.
To the extent that the basis for the processing of your personal data is the premise of the legitimate interest of the Administrator, you have the right to object to the processing of your personal data
In order to exercise the above rights, please contact us using the contact details provided at the beginning.
Consent to the processing of personal data for marketing purposes by Townely partners based in Wrocław
I declare that I consent to the sending of commercial information regarding products and services offered by business partners by Townely sp. z o.o. with its registered office in Wrocław by means of electronic communication (within the meaning of the Act of 18 July 2002 on the provision of electronic services), in particular by e-mail (to the e-mail address provided by me) and by post
aci text messages (to the telephone number provided by me), as well as the use by business partners of Townely sp. z o.o. based in Wrocław, telecommunications terminal equipment (e.g. via telephone contact) and automatic calling systems for direct marketing purposes (within the meaning of the Act of 16 July 2004 Telecommunications Law). The consent also includes data profiling, which aims to match the offer to my expectations and needs.
Consent is voluntary and may be revoked at any time in the manner specified in the content of the information clause available at www.townely.com
Consent to the processing of personal data for marketing purposes by Townely sp. z o.o. based in Wrocław
I declare that I agree to send me commercial information by Townely sp. z o.o. based in Wrocław by means of electronic communication (within the meaning of the Act of 18 July 2002 on the provision of electronic services), in particular by e-mail (to the e-mail address provided by me) and in the form of text messages (to the e-mail address provided by me) telephone number) as well as for using Townely sp. z o.o. based in Wrocław, telecommunications terminal equipment (e.g. via telephone contact) and automatic calling systems for direct marketing purposes (within the meaning of the Act of 16 July 2004 Telecommunications Law). The consent also includes data profiling, which aims to match the offer to my expectations and needs.
Consent is voluntary and may be revoked at any time in the manner specified in the content of the information clause available at www.townely.com
Contact townely.com email: townely@townely.com