EN

TOPICS

  • § 1 Definitions

  • § 2 General

  • § 3 Rules for using the Program

  • § 4 Payments

  • § 5 Limitation of liability

  • § 6 Copyrights and related rights

  • § 7 Resolution of disputes, complaints

  • § 8 Termination, cancellation of the service

  • § 9 Privacy policy and personal data protection

  • § 10 Final provisions


TOPICS

  • § 1 Definitions

  • § 2 General

  • § 3 Rules for using the Program

  • § 4 Payments

  • § 5 Limitation of liability

  • § 6 Copyrights and related rights

  • § 7 Resolution of disputes, complaints

  • § 8 Termination, cancellation of the service

  • § 9 Privacy policy and personal data protection

  • § 10 Final provisions


BALLSQUAD

 

TERMS AND CONDITIONS AND PRIVACY POLICY

§ 1 Definitions

1. Controller – BS Group Spółka z ograniczoną odpowiedzialnością with its registered office in Toruń (BS Sp. z o.o.), address: ul. Włocławska 167, 87-100 Toruń, entered in the register of entrepreneurs of the National Court Register by the District Court in Toruń, 7th Commercial Division of the National Court Register, KRS (National Court Register Number): 0000710515, REGON (National Official Business Register Number): 369049606, NIP (Tax Identification Number): 1132958953.

2. Authority or Authorities – authorities managing schools and other educational establishments.

3. Establishment or Establishments – schools and other educational establishments that manage gymnasiums and other sports facilities.

4. Sports Halls (Facilities) – gymnasiums, sports halls, class rooms and other and other sports and non-sports facilities.

5. Commercial Hours  – period during which you may reserve and use the Sports Hall at the particular Establishment according to the principles defined in the profile of the Establishment on the Website and in terms and conditions of the particular Establishment provided at the time of making the reservation.

6. Entry (Admission Ticket) – option offered on the Website or in the Mobile Application where you can pay for admission to selected Facilities, including swimming pools, gyms and training halls, according to the principles defined in the terms and conditions of the particular Establishment provided upon the purchase of the ticket.

7. User – any adult using the Website or Mobile Application who has a Personal Account or Business Account.

8. Personal Account – ccount of an adult user who is a natural person.

9. Business Account – account of a User who is an entrepreneur, containing the business name, registered office and Tax Identification Number (NIP) of the enterprise using the Website or Mobile Application as well as the first name, last name, phone number and e-mail address of the person authorised to contact the Controller on behalf of the company. After the business details are entered for the first time, the System will no longer allow you to change the corporate details: business name, registered address and Tax Identification Number. To change these details, send an e-mail to kontakt@ballsquad.pl

10. Program – Website of the Controller, operating at ballsquad.pl and app.ballsquad.pl, which contains all the information about the functioning of the Services, and the Mobile Application that can be used to reserve Commercial Hours, Admission Tickets (Entry) available on the Controller’s Website and in the Mobile Application

11. BallSquad Mobile Application – software run on portable devices using the Android or iOS operating system. To download the Mobile Application, use the Google Play online store (for the Android system) or Apple Store (for the iOS system). Downloading the Mobile Application for installation on a mobile device is free of charge.

12. Content – a single piece of text, graphic or audiovisual material provided by the Controller on the Website and in the Mobile Application in such a manner that you can access it at a place and time of your choosing.

13.Services– services provided by electronic means by the Controller using the Website and the Mobile Application, in particular by enabling access to the Contents or providing information or other elements required for the operation of the Website.

14. Mobile Device – portable electronic equipment connected to the Internet using wireless data transmission technology.

15. Reservation Fee – fee collected from your bank account or payment card.

16. Invoice – upon your request, we can send an invoice for the reservation of Commercial Hours or purchase of admission to the Facility. Invoices from the previous month will be sent to you by the 10th (tenth) day of the following month. For Personal Accounts, invoices are issued separately for every reservation or purchased admission. For Business Accounts, a single collective invoice is issued by default, containing the reservations of Commercial Hours and purchase of Admission Tickets from the particular month. If you have a Personal Account and want to receive an invoice, you must send a request using the website or send a message requesting an invoice to kontakt@ballsquad.pl.

17. Terms and Conditions and Privacy Policy – document defining the principles, scope and conditions of using the Program, Website and Mobile Application by Users and Commercial Users. Before you start using the service, read the Terms and Conditions and Privacy Policy and confirm this fact when registering in the Program or Mobile Application.

18. Personal Data Protection – organisational, technical and legal measures taken by the Controller to protect personal data according to 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, GDPR).

19. Performance of the Contract – due to the nature of the provided services, which may be provided in part or in whole before the lapse of the time limit for withdrawal from the Contract, i.e., before the lapse of 14 days, you consent to the commencement of the performance of the Contract before the lapse of the time limit defined in the preceding sentence and you have been advised of the loss of the right to withdraw from the Contract.

§ 2 General

1. These Terms and Conditions specify the principles, extent and terms of your use of the Program. 

2. You must not use the Program contrary to the applicable law, social and moral norms and provisions of these Terms and Conditions.

3. To become a User, you have to be over 18.

4. To collect the reservation or Admission to the Facility, you have to produce an identity document with a photograph to prove your identity.

5. The holder of a Business Account can only be a party with the status of an entrepreneur, i.e., a natural person, legal person or unincorporated entity awarded legal capacity pursuant to a dedicated act that carries on business. Entrepreneurs can also be partners of a civil law partnership to the extent to which their activities are connected with their business.  

6. You are not allowed to engage in political or propaganda activities at the Establishments where you made a reservation or to which you have purchased Admission. 

7. To use the Program, you have to register via the Website or Mobile Application.  

8. In the Program, the Controller will provide, in particular, information about addresses of the Establishments and Commercial Hours available at individual Establishments and enable their reservation or purchase of admission.  

9. You can use the Program on all electronic devices connected to the Internet that enable using a web browser or installing the Mobile Application.

10. The Controller does not guarantee uninterrupted availability of the Program, including the Mobile Application, or specific quality of access to the Program or Mobile Application. Access quality depends on the capacity of the Internet connection between you and the Controller, individual settings of your devices and other factors beyond the Controller's control. 

11. The Controller may temporarily restrict or suspend access to the Program, in particular if it becomes necessary to carry out maintenance work or introduce improvements related to the Program. Where possible, the Controller will inform you about any expected interruptions in the functioning and availability of the Program.

12. The Controller reserves the right to change or cancel the reservation if the Establishment reports that its schedule has been changed due to reasons directly connected to the type of business carried out by the Establishment or in case of a situation not attributable to the Establishment.

§ 3 Rules for using the Program

1. The Program can be used via the Website or Mobile Application installed on the Mobile Device.  

2. Before using the Program, you have to accept the contents of these Terms and Conditions. You certify that you have read, understood and accepted these Terms and Conditions and that you consent to comply with their provisions.  

3. Before making a reservation or purchasing admission to the particular Facility, you have to read the terms and conditions of the particular Facility when you make the reservation or purchase the Admission Ticket. You have to certify that you have read the terms and conditions when making the reservation before proceeding to the payment. Approval of the terms and conditions of the Facility is required to complete the reservation process or purchase Admission Tickets.

4. If you have a Business Account, you may appoint another adult to collect the reservation or Admission Ticket on your behalf by entering them into the System when you place the order or by sending a message to kontakt@ballsquad.pl. You are responsible for communicating the provisions of these Terms and Conditions and the terms and conditions of the Facility where the Service is to be provided to the appointed person. You bear all liability for the actions or omissions of the person appointed to collect the reservation or Admission Tickets and for their compliance with these Terms and Conditions and the terms and conditions of the Facility.

5. To use the Program, you will have to register in the panel available on the Website or in the Mobile Application. Registration on the Website and in the Mobile Application is free of charge. When you register in the panel, you enter into a Service Contract that enables you to use the Website and Mobile Application. To terminate the contract, delete your account from the Controller's Website in accordance with § 8(8.1) of these Terms and Conditions.  

6. The reservation of Commercial Hours or Admission Tickets requires paying a Fee, and this is expressly communicated to you during the reservation process and in the summary of the reservation.  

7. When you reserve Commercial Hours or Admission Tickets in the Program, you enter into a non-gratuitous contract for the provision of services using the Website or Mobile Application for the period specified in the order form. The performance of the contract begins when you request a reservation or purchase an Admission Ticket.

8. The payment for the reservation of Commercial Hours and Admission Tickets is collected 6 days before the commencement of the reservation in case of one-off reservations. In the case of cyclical (long-term) reservations, the payment for the first selected date and the payment for a reservation made less than 6 days before its commencement is collected up front. If you cancel the reservation or Admission Ticket later than 6 days before the commencement of the service, your money will not be refunded.  

9. You have an obligation to protect your access data to the Program, including the Mobile Application, from third parties. You should log in at computers and Mobile Devices you know or use the private mode. The Controller permits the use of the Website and Mobile Application only to Users who have a Personal Account or Business Account.  

10. If you use the Program or Content in a manner contrary to the law, principles of community life, good practices or these Terms and Conditions, your access to the Program may be temporarily or permanently blocked. You will be informed by e-mail that your access has been blocked and about the reasons for this.  

11. You must not disturb the operation of computer systems, servers or networks of the Controller or try to by-pass the regulations or procedures governing the use of the Program.

12. It is unconditionally prohibited for you to alter the form or Content of the Program, including the Mobile Application. 

§ 4 Payments

1. A payment is required to reserve Commercial Hours or purchase Admission Tickets.  

2. You may make the payment using a payment card, debit card or credit card supported by Polskie ePłatności sp. z o.o. with its registered office in Tajęcina, address: Tajęcina 113, 36-002 Jasionka, National Court Register (KRS): 0000227278, and by Autopay S.A. with its registered office in Sopot, 81-718 Sopot, ul. Powstańców Warszawy 6, Tax Identification Number (NIP): 585-13-51-185.

3. When your payment is processed, the transaction details, including personal data, are provided to:

Polskie ePłatności sp. z o.o. with its registered office in Tajęcina, address: Tajęcina 113, 36-002 Jasionka, National Court Register (KRS): 0000227278, to the extent necessary to process the payment for the order. You have the right to access and rectify your data. Providing the data is voluntary, but it is required for electronic transactions

or

Online payment operator Autopay S.A. with its registered office in Sopot, 81-718 Sopot, ul. Powstańców Warszawy 6, NIP 585-13-51-185, to the extent necessary to process the payment for the order. You have the right to access and rectify your data. Providing the data is voluntary, but it is required for electronic transactions

4. If it is necessary to refund the payment for the transaction made by the customer with a payment card, the seller will refund the money to the bank account assigned to your payment card.

5. The date of payment is the time of successful authorisation of the payment operation. Available forms of payment: Payment cards: Visa, MasterCard, online transfers, BLIK.  

6.The date of payment will always be the date on which the full amount of the Reservation Fee is credited to the Controller's bank account.

7. If you reserve or purchase an Admission Ticket 6 days before the commencement of the service or later, you have to make the payment immediately. The Controller has the right to pursue a claim, including the statutory interest defined by the law, if the debiting of funds from the payment card you have entered into the system is unsuccessful.

8. The Controller may cancel all reservations saved in the system if you remove the details of your payment card, thus preventing the system from collecting the payment for the selected Commercial Hours or Admission Tickets.

§ 5 Limitation of liability

1. The Controller will be liable if the Sports Hall at the Establishment is not made available as required. You may send your complaints in this regard to the Controller to kontakt@ballsquad.pl within 14 days from the collection of the reservation or Admission Ticket. Complaints will be considered by the Controller within 30 days from their receipt – this period may be extended if the complaint requires obtaining additional information or clarifications from you or the Manager of the Facility.  

2. The Controller is not liable for any damage you cause in the Sports Hall or Establishment.  

3. You are responsible for any damage caused at the Sports Hall or Establishment, and you have the obligation to take good care of any property entrusted to you and comply with any regulations in force at the Establishment.

4. If the Establishment or Authority reports damage to the Controller, the Controller will try to clarify all circumstances of the case, and it will provide your address and contact details to enable remedy of the damage by the persons responsible. You are obliged to cooperate with the Controller in this regard.  

5. The Controller will not be liable for failing to provide access to the Program as required, where such failure was due to causes independent of the Controller, including, without limitation: force majeure, terrorism, states of epidemics, restrictions on the movement of people or operation of business, armed conflicts, or states of emergency or declarations of natural disaster. This also includes damage caused by computer viruses and other similar malware or cybercrimes.  

6. The Controller is not liable for your actions and omissions, including, in particular, if you use the Program contrary to the provisions of these Terms and Conditions or if you provide the access data to third parties.  

§ 6 Copyrights and related rights

1. All rights to the Program and to the contents provided in the Program, in whole and in parts, in particular to the text, graphic and multimedia materials and components of software applications generating and operating the Program are reserved to the Controller. 

2. Upon registration at the Website, the Controller will grant you the right to use the Application and the Contents in accordance with their intended use. 

3. You may not reproduce, sell or otherwise distribute or disseminate the Program, in whole or in parts; in particular, you may not send or make it available in computer networks and systems, systems for the distribution of mobile applications or any other ICT equipment. 

4. You may not use, copy or disseminate any elements of the Website or Program. In particular, you must not use, copy or disseminate any data obtained via the Website or the Program for commercial purposes.

§ 7 Resolution of disputes, complaints

1. Where appropriate, you may submit a complaint against actions or omissions of the Controller in writing or by e-mail within 14 days from the questionable action or omission of the Controller.  

2. The Parties will make all efforts to settle any disputed issues amicably.  

3. The Controller is obliged to receive, process and reply to the complaint within 30 days from its receipt, in the same form as the form of the complaint, unless replying to the complaint requires more time to consider the complaint – in such case, the Controller will inform you about the reasons for the extension of the complaint procedure and about the period within which the complaint will be considered.  

4. The periods indicated in paragraph 7.3 above will be suspended if the complaint cannot be considered without information from you or another person. The period will be suspended from the time the Controller requests such information until you or the other person provide the information.  

§ 8 Termination, cancellation of the service

1. You may terminate the service be deleting your account using an option provided in the system or by sending an e-mail to kontakt@ballsquad.pl. Deleting the account is construed as termination of the contract, and it prevents you from further use of the Program and the Mobile Application. If you delete your account, your data will be deleted from the Website, excluding the reservation history required for defence against claims and for accounting or tax purposes.

2. The account will be deleted within 48 hours from your request. The total deletion of the account is irreversible.  

3. If your account is deleted, any funds associated with the account, including the discount codes, will be lost.  

4. If you cancel a reservation of Commercial Hours or Admission Ticket within the period defined in these Terms and Conditions in § 3(8), the amount you have paid will be refunded to your account created in the program, or a discount code for the particular amount will be sent to you by e-mail. You can also use the funds collected on your account in the Program within 30 days when making the next reservation of Commercial Hours or purchasing Admission Tickets.  

§ 9 Privacy policy and personal data protection

1. The Controller processes information about you, including your personal data, in accordance with 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 (GDPR) – and in accordance with the Personal Data Protection Act of 10 May 2018 (Journal of Laws of 2018, item 1000, as amended).

2. The Personal Data Controller is BS Group Spółka z ograniczoną odpowiedzialnością with its registered office in Toruń (BS Sp. z o.o.), address: ul. Włocławska 167, 87-100 Toruń. You may contact the Controller regarding personal data processing by writing to kontakt@ballsquad.pl

3. You are obliged to provide accurate information and personal data when required to do so upon registration and update the data, including contact details and data concerning payment. In some situations (change of the first name, last name or company details), you may have to send a message to the Controller to kontakt@ballsquad.pl  

4. The legal basis for personal data processing includes, in particular, the following: performance of the contract, pursuant to Article 6(1)(b) of the GDPR, fulfilment of the legal obligations of the Controller, e.g., the archiving obligation or tax obligation, pursuant to Article 6(1)(c) of the GDPR, legitimate interest of the Controller (pursuant to Article 6(1)(f) of the GDPR) – to manage, pursue and defend against claims between the parties – as well as your consent to personal data processing.  

5. The recipients of your personal data include only the persons employed or authorised by the Controller to process the data in connection with their professional duties. Your personal data will not be provided to other entities without your consent.  

SECURITY

6. The Controller ensures the use of adequate organisational, legal and technical measures to protect your personal data against a breach of integrity or confidentiality according to the security rules followed by the Controller.  

7. The Controller conducts systematic assessments of the processors that process your personal data on behalf of the Controller to comply with the highest standards regarding the secure processing of the personal data of natural persons.  

8. The Controller, in compliance with the provisions of the GDPR, ensures that the personal data are:

a) processed lawfully, fairly and in a transparent manner in relation to the data subject (“lawfulness, fairness and transparency”);

b) collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes; further processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes shall, in accordance with Article 89(1) of the GDPR, not be considered to be incompatible with the initial purposes (“purpose limitation”);

c) adequate, relevant and limited to what is necessary in relation to the purposes for which the personal data are processed (“data minimisation”);

d) accurate and, where necessary, kept up to date (“accuracy”);

e) kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed; personal data may be stored for longer periods insofar as the personal data will be processed solely for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89(1) of the GDPR subject to implementation of the appropriate technical and organisational measures required by this Regulation in order to safeguard the rights and freedoms of the data subject (“storage limitation”);

f) processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures (“integrity and confidentiality”).

CATEGORIES OF DATA

9. If you have a Personal Account, the Controller processes your personal data as follows: first name, last name, date of birth, age, phone number, postal code and e-mail address, in accordance with the registration form you filled in to be registered as a User. You do not have to provide your data, but they are required in order for you to use the Program. Also, the Controller acquires data concerning the advancement of sports skills, data concerning interests, data concerning geolocation and the transaction history and purchase history in the Program.

10. If you have a Business Account, the Controller processes your personal data as follows: business name, registered address, Tax Identification Number (NIP) of the entrepreneur using the Program or Mobile Application and the first name, last name, phone number and e-mail address of the persons authorised to contact the Controller on behalf of the company, according to your registration forms. You do not have to provide your data, but they are required in order for you to use the Program. Also, the Controller acquires data concerning the advancement of sports skills, data concerning interests, data concerning geolocation and the transaction history and purchase history in the Program.  

COMMUNICATION BY ELECTRONIC MEANS

11. You consent to receive notifications via the Website (Program) concerning its functioning (e.g. confirmation of a reservation, reservation reminder or notification about a cancelled reservation). All notifications in the Website (Program) will be sent to your e-mail address and phone number specified upon registration. 

12. During registration, you may consent to receive a Newsletter with information about the functioning of the Website to the e-mail address you specified upon registration. 

PURPOSES OF PROCESSING

13. The purposes of processing include: performing the contract, enabling the Establishments and Users to communicate to manage the reservations of Commercial Hours or purchase Admission Tickets, sending the Newsletter and giving notice of new Establishments, settling payments, issuing invoices, complying with tax obligations and archiving obligations and defending against claims.

YOUR RIGHTS

14. You may access your personal data and rectify or modify them or request that their processing be restricted or stopped. After you object to the processing of your data, we may still keep your data for a while until the legal basis for processing is assessed. In order to stop data processing by the Controller, you have to send an e-mail to: kontakt@ballsquad.pl

15. You have the right to lodge a complaint with the President of the Personal Data Protection Office if you have any reservations regarding the processing of your personal data by the Controller.

PROCESSING BY A PROCESSOR

16. The Controller cooperates with Authorities and Establishments that offer access to sports facilities and entities providing ICT and financial services. These entities may process your personal data provided to them in order to ensure that the services offered by the Controller are correctly performed.

17. Based on your consent to personal data processing, the Controller may disclose personal data to entities that provide services to the Company based on contracts signed with the Controller, only to the extent necessary in connection with the entrusting of personal data to personal data processors (e.g., companies providing accounting or legal services, providers of IT services, servers or technical support).

DATA CONCERNING PAYMENTS

18. The Controller does not receive or use any access data to your bank account or any data concerning your payment card. During payment processing, the information required to assign the payment to you (first name, last name, amount, transaction date, transaction number) is saved. 

DATA RECORDED BY THE SYSTEM

19. The Controller automatically processes the data collected in the system in order to analyse User behaviours or customise the contents of the System. When you visit the Controller’s Website, the Website collects data concerning your IP address, domain name, browser type, operating system, login time, time spent in the application, establishments viewed by you in the Program, payments, reservations and purchased Admission Tickets and cancelled reservations. The Controller does not make automated decisions regarding you.

20. Upon your prior consent, the Program may access the location in your system (use the location of your device for the purposes of navigation and to identify the location of buildings) as well as the following data: calendar of events and contacts of the users added in the application.

PROVIDING DATA TO PUBLIC AUTHORITIES

21. Personal data saved by the Controller may be provided to public authorities where required by a court order, regulation or other provisions of the generally applicable law. 

§ 10 Final provisions

1. Provisions of the Polish law shall apply to any matters not regulated in these Terms and Conditions. 

2. These Terms and Conditions are published in the Controller’s Website in a downloadable and printable form.  

3. The Terms and Conditions may change. You will be notified about changes of these Terms and Conditions by the Controller with a suitable notification in the Program.

4. If you do not accept changes of the Terms and Conditions, you have to delete your Personal Account or Business Account from the Program.

Toruń, 21.09.2021