Feedback Regulations

1. DEFINITIONS

Consumer – a User who is a consumer within the meaning of the Act of 23 April 1964 – Civil Code, who purchased or uses the Product in a way that is not directly related to their business or professional activity;
Platform – a website where the Company, through its confirmed and verified account, channel or profile held by the Company, grants the User access to feedback of other Users on Products; the list of Platform for individual Companies is attached as Annex 1 to the Rules;
Product – all goods and services, including real property, digital services, digital content, rights and obligations resulting from civil law relations offered by the Company, as well as rights and obligation resulting from civil law relations;
Regulations – these regulations on giving feedback on the Product by Users;
GDPR – Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation);
Company – each company in the Holding 1 group, the Products of which are the object of Users’ feedback; the list of companies is available at: holding1.pl in the “Privacy Policy” – “List of Holding 1 Group Companies” tab.
User – all natural persons posting their feedback on the Platform.

2. GENERAL INFORMATION

These regulations set out the rules for posting feedback on the Company Products by the User.
Posting feedback on the Product is tantamount to the acceptance of these regulations by the User.
The regulations are made available to the User free of charge before posting feedback, also in a way that makes it possible to reproduce and record the Regulations. In particular, the User may, without any limitations, download the Regulations in the pdf. format, save the Regulations on data carriers and print it any number of copies.
The Regulations are available at: holding1.pl in the “Feedback Regulations” tab. Moreover, there is information on Platforms where feedback is posted that the Regulations are available on the website of a specific Company.
The minimum technical requirements that must be met by the User to post feedback on Platforms may be found in the regulations of these Platforms.

3. BASIC TERMS AND CONDITIONS FOR POSTING FEEDBACK. FEEDBACK VERIFICATION

Feedback made available by the Company on Platforms may be posted by Users as follows:
1. as a result of inviting the User by the Company to post feedback on the Product by providing them with a link to a specific Platform where the feedback is to be posted;
2. independently by the User on Platforms;
3. by posting User feedback by the Company on the Company’s account/channel/profile run in social media (Platforms such as TikTok, Facebook, Instagram or Wykop). Such feedback does not cover User’s personal data.
In case of feedback resulting from invitation, the Company invites only Users (including Consumers) who purchased the Product from the Company. However, it is possible to post feedback any time and as a result the Company does not verify whether the User posting feedback, also trough a link sent, really is the buyer or user of the described Product, including the Consumer. The Company is not the administrator of these Platforms and does not have the technical capacity to verify feedback once posted, nor to check whether the User posting the feedback is the recipient of the link referred to in paragraph 1(a) above or whether it is another User to whom the recipient has provided the link.
In view of the circumstances described in paragraph 2 above, the Company does not verify any feedback from Users (including Consumers) provided by the Company.
It is forbidden for the User to post content as part of the feedback:
1. of a nature that violates generally applicable laws;
2. not related to the reviewed Product purchased from the Company or used by the User;
3. contrary to the rules of the Platforms on which it is posted.
The Company does not make any selection of the feedback provided by Users, i.e. all feedback posted by Users, both negative and positive, is published, with the exception of the feedback referred to in paragraph 4 above, which may be removed or modified by the administrator of the Platform at the legitimate request of the Company in the situations described therein.
The Company does not sort or direct the procedure for rating the Product or the Company on the basis of feedback, if any, available on the Platform. All Platform functionalities, including those described in the preceding sentence, are subject to regulation by the Platform administrator in accordance with the Platform regulations.
The Company does not post or commission the posting of false feedback or recommendations by Users (including Consumers), nor does it distort or commission the distortion of feedback or recommendations by Users (including Consumers), in order to promote the Products and the Company.
The User is solely responsible for the content of feedback posted. The Company and other entities in the group, to which the Company belongs. are not liable for damage or claims of clients or third parties caused by feedback posted, which result from reasons attributable to the User who posted the feedback.

3. COPYRIGHTS

If feedback posted by the User is a work within the meaning of the Act od 04/02/1994 on copyright and related rights, at the moment of posting the feedback on the Platform, the User grants the Company a perpetual, non-exclusive, royalty-free and non-transferable licence to use, distribute, publish, copy, modify and distribute by the Company any feedback posted by the User on the Platforms.
As part of the licence granted, the Company obtains the right to:
1. disseminate the feedback by making it available to the public in such a way that members of the public may access it from a place and at a time individually chosen by them (Internet), by public display and by republication,
2. record and reproduce the feedback – production of copies of the feedback by any technique, including printing, reprography, magnetic recording and digital technology.
As part of the licence granted, the User (author) agrees to use the feedback in any part, to grant sub-licences to third parties to use the work or any part thereof, to use the work or any part thereof to promote and advertise the Company.
By granting the licence, the User (author) assures the Company that the feedback is original and the result of the User’s own intellectual work, and does not infringe the copyright of third parties. In the event that the above statements are untrue, the User is liable to third parties for infringement of their rights.

4. COMPLAINTS

The User may lodge a complaint concerning the posting of feedback and the violation of their rights, including those under the Regulations, electronically at the e-mail address: opinie@holding1.pl or in writing to the address of the Company’s registered office indicated in Annex 1 to the Regulations.
Complaints are considered immediately, not later than 14 days from lodging them, in the form of a response by e-mail or in writing to the address provided in the complaint
The Consumer may use alternative, out-of-court, including electronical ways of resolving disputes with the Service provider. The rules for accessing such procedures are available in registered offices or on websites of entities entitled to the out-of-court dispute resolution. They may be, in particular, consumer ombudsmen or Voivodship Trade Inspection Inspectorates, the list of which is available on the website of the Office of Competition and Consumer Protection: https://polubowne.uokik.gov.pl/. The User being the Consumer may also use for this purpose the EU’s ODR electronic platform available at http://ec.europa.eu/consumers/odr.

5. PERSONAL DATA

As part of making feedback available, the Company does not store information constituting personal data.
If feedback contains information that may be qualified as personal data (in particular, first name, last name, data on the purchased Product, e-mail address), the controller of these data is the Company, whose Product or business is covered by the feedback.
Companies from the Holding 1 group appointed a joint Data Protection Officer, who may be contacted in matters related to the processing of personal data at: +48334861986 and by e-mail at: iod@holding1.pl.
User’s data made available by the User as part of the posted feedback are processed for the legitimate interest of the Company, which is the testing of quality of Products sold/services provided by the Company and its business, that is to know opinions on the Products and the Company; these data are processed for the time of existence of this interest, unless the data subject objects to the processing of data for these purposes or deletes their feedback containing these data from the Platform.
Providing personal data for the above-mentioned reasons is voluntary and is not necessary for sharing feedback by the Company or conclude and perform any contract with the Company.
User’s data may be made available to Company’s personal data processors, that is entities that provide the Company with services related to the fulfilment of purposes referred to in paragraph 4 above, including the IT and marketing services (HOLDING 1 S.A.). User’s data may also be made available to appropriate authorities or third parties who request the provision of such information based on relevant legal grounds, in accordance with the applicable provisions of law, including Article 6 of the GDPR.
The controller does not use automated decision-making, including profiling, within the meaning of Article 22 (1) and (4) of the GDPR.
The User has the following rights in relation to the processing of personal data:
1. the right to request access to personal data, including rectification, erasure (“right to be forgotten”) or restriction of processing,
2. the right to object to the processing of personal data where the processing is carried out on the basis of a legitimate interest pursued by the Controller,
3. the right to lodge a complaint, which should be lodged with the competent supervisory authority,
4. the right to data portability to another controller,
5. the right to lodge a complaint with the supervisory authority – the President of the Personal Data Protection Office. The above rights can be exercised by applying to the Data Protection Officer (details in paragraph 3 above).

6. FINAL PROVISIONS

Any doubts arising from the understanding of the Regulations should be interpreted in such a way as to ensure that the Regulations comply with mandatory provisions of law, including those concerning consumer rights.
Amendments to the content of the Regulations are within the powers of the Company, but the Company may amend the Regulations without agreement with the User only in the event of reasonable grounds, which include in particular: changes to the law, final court decisions or administrative decisions, or guidelines, recommendations, instructions or other documents of a non-binding nature issued by public administration bodies, if they affect the content of the Regulations and changes resulting from technical issues related to the operation of the Platforms, including changes to the services or functionality of the Platforms. Amendments may not affect the rights of Users resulting from feedback posted prior to their introduction. Amendments become effective when the new content of the Regulations is posted on the Service login portal, and Users are bound by the new content of the Regulations from the date of publication. Feedback published prior to the entry into force of amendments to the Regulations is subject to the provisions of the Regulations in force at the time of publication of the feedback.
The generally applicable provisions of Polish law apply to all matters not covered by these Regulations.
The Regulations enter into force on the date of their publication.

No.	Platform name	Companies using the Platform
1.	Google business profile in Google Maps	all Companies
2.	TrustPilot	Express sp. z o.o. sp. k.
3.	Google Play	Traficar Sp. z o.o.
4.	App Store	Traficar Sp. z o.o.
5.	Instagram and Facebook	all Companies
6.	TikTok	all Companies
7.	Wykop	all Companies
8.	LinkedIn	all Companies
9.	Allegro	Grupa PGD sp. z o.o., DF Grupa PGD sp. z o.o., ST MOTORS Grupa PGD sp. z o.o.