Terms and Conditions

§ 1. Definitions

1. The terms used in these Rules mean:

1) Mint – Mennica Polska S.A. with its headquarters in Warsaw (00-232), ul. Ciasna 6, National Court Register number [in Polish: KRS] 0000019196 (District Court for the capital city of Warsaw, the 12^th Commercial Division), Taxpayer’s Identification Number [in Polish: NIP] 521-35-90-057, National Business Registry Number [in Polish: Regon] 142743691, the share capital in the amount of PLN 301,806,000.00; National Court Register Number [in Polish: KRS] 0000019196, District Court for the capital city of Warsaw, the 12^th Commercial Division of the National Court Register, Taxpayer’s Identification Number [in Polish: NIP] 527-00-23-255, National Business Registry Number [in Polish: Regon] 010635937, Product Database Number [in Polish: BDO]: 00001930, fully paid up share capital in the amount of PLN 51,337,426.00.
2) Store – Online store run by Mennica Polska od 1766 sp. z o.o. operating at https://inwestycje.mennica.com.pl
3) Rules – these rules defining the terms and conditions of providing services electronically via the Portal.
4) User – a natural person using the Portal.
5) Consumer – a natural person who performs with the Mint a legal transaction not related directly to its business or professional activity.
6) Portal  – the Mint's website located at the Internet address https://www.mennica.com.pl
7) GDPR – Regulation (EU) 2016/679 of the European Parliament and of the Council of 27^th 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 regulation on data protection).

§ 2. General terms and conditions for using the Portal

1. The Portal has an informative character.
2. The using of the Portal is possible provided that the IT system used by the User meets the following minimum technical requirements:

1) A device connected to the Internet with an installed and ready-to-use web browser supporting at least XHTML 1.0, with JavaScript support.
2) The screen resolution - minimum 1024 pixels.
3) Flash support is recommended. Additionally, the acceptance of "cookies" in the browser settings is recommended. The lack of acceptance of "cookies" can cause discomfort in using the Portal.

3. No fees are charged and collected for using the Portal.

1) The User is obliged to use the Portal in accordance with the law and good manners, including personal rights and intellectual property rights, in particular copyrights, which are due to the Mint or to third parties.
2) The User is obliged not to take any actions which would affect the proper functioning of the Portal. In particular, any interference in the content posted on the Portal's website is prohibited.
3) It is forbidden to provide by the User unlawful content with the use of the Portal.

§ 3. Contact service using the form

1. The Portal provides an electronically provided service, free of charge, consisting of the possibility of the User’s individual contact with the Mint, including advice and answers to the User's questions regarding, in particular, the possibility of executing a specific order by the Mint.
2. Using the service referred to in section 1 above is done by performing the following actions:

1) filling in by the User the forms available on the Portal at the following addresses:

• https://www.mennica.com.pl/produkty-na-zamowienie/formularz - for institutional and individual customers;
• https://www.mennica.com.pl/produkty-na-zamowienie/formularz-klienci-korporacyjni - for corporate customers, and

2) pressing the "Send" button.

3. The Mint renders the service by responding to the question asked via the form.

§ 4. Purchase in the Store

The Portal gives the User a free-of-charge possibility to view some investment and collector's products from the offer of ‘Mennica Polska od 1766 sp. z o.o’ company. In the event that the User is interested in purchasing a given product, he/she can press the "Buy Online" button, which will take him/her to the Store's website. The product sale process will follow the rules of the Store available at https://inwestycje.mennica.com.pl/regulamin. The administrator of personal data in the process of selling products of ‘Mennica Polska od 1766 sp. z o.o.’ company is the seller, which is this company.

§ 5. Termination of the agreement for the provision of electronically provided services

The User may terminate any service agreement described in the Rules at any time, without giving reasons and immediately.

§ 6. Complaint procedure

1. In the event of any reservations regarding the operation of the Portal, the User may submit a complaint via marketing@mennica.com.pl
2. All complaints, including those related to the provision of electronically provided services, shall be considered promptly, within no more than 14 calendar days from the date of submitting the complaint. The complainant receives a reply in the form of an e-mail sent to the e-mail address from which the complaint was sent.
3. At the address http://ec.europa.eu/consumers/odr, the Consumer has the option of using the EU online platform (ODR platform) to submit a dispute with the Mint electronically. The ODR platform is a multilingual, interactive website for servicing Consumers living in the European Union and entrepreneurs having their headquarters in the European Union striving for out-of-court settlement of disputes arising from the conclusion of an online sales agreement or service agreement between them.

§ 7. Personal data

1. The Administrator of the Users’ personal data processed in providing functionalities referred to in § 3 of the Rules is Mennica Polska S.A. with headquarters in Warsaw (00-232), ul. Ciasna 6.
2. The Mint ensures the security of the Users' personal data in accordance with the standards in force in this regard.
3. The Mint processes the Users' data in order to respond to the User's contact established through the forms referred to in § 3 section 2 of the Rules. In this regard, the Mint processes the:

- first name and last name;
- e-mail address;
- phone number.

Providing the indicated data is voluntary but necessary in order to contact the Mint. The indicated data are processed on the basis of art. 6 par. 1 letter b) of the GDPR, i.e. the necessities of processing to perform the agreement for the provision of electronically provided services, to which the User is a party.

4. In addition, the personal data of the User may be processed on the basis of art. 6 par. 1 letter f) of the GDPR in order to establish, assert or defend claims – the purpose of the aforementioned is the result of exercising the legitimate interests of the Mint consisting in securing itself against any claims directed against the Mint.
5. The Users' personal data will be stored by the Mint for the period of the performance of the agreement for rendering electronically provided services, referred to in section 3 above, and then, during the period of limitation of claims under this agreement, and after this period - only in the case and in the scope as it will be required by law.
6. The Mint will not conduct profiling towards the User nor will any automated decisions be made towards the User.
7. The User has the right to access his/her personal data, which is stored by the Mint. In particular, under this law, he/she may ask the Mint about:

1) the purpose in which his/her personal data are processed,
2) what his/her data are processed,
3) to whom the Mint discloses the User's data - in this case, the User will obtain information about the recipients to whom the User's personal data have been or will be disclosed, in particular about recipients in third countries or international organizations,
4) what is the planned period of storage of personal data, and if it is not possible, the criteria for determining this period,
5) whether automated decisions are made in relation to the User, including profiling,
6) whether the Mint transmits the User's data to a third country or an international organization.

8. The User has the right to demand that his/her incorrect personal data are immediately corrected. Considering the purposes of processing, he/she also has the right to request supplementing his/her incomplete personal data.
9. The User has the right to request from the Mint to delete his/her personal data from the Mint's system if one of the following circumstances occurs:

1. personal data are no longer necessary for the purposes for which they were collected or otherwise processed,
2. the User has withdrawn the consent on which the processing is based and there is no other legal ground for processing,
3. the User has lodged an objection - due to reasons related to his/her special situation – in relation to processing and there are no overriding legitimate grounds for processing,
4. the personal data of the User were processed unlawfully,
5. the personal data of the User must be removed in order to comply with the legal obligation provided by law,
6. the personal data of the User has been collected in connection with offering the information society’s services to the child.

10. The User has the right to limit the processing in the following cases:

1. if he/she questions the correctness of personal data;
2. if data processing is unlawful and the User objects to its removal;
3. the Mint no longer needs the User's personal data for the processing purposes, but the data are needed by the User to establish, assert or defend claims;
4. the User has lodged an objection to processing due to reasons related to his/her special situation.

The using of the right to limit processing by the User means that such personal data may only be stored and processed by the Mint for the purposes of establishing, asserting or defending claims or of protecting the rights of another natural or legal person or for important public reasons.

11. The User has the right to transfer data, i.e. to receive in a structured, commonly used machine-readable format, his/her personal data, and he/she has the right to request that these personal data are sent to another administrator if the data are processed on the basis of the consent or agreement and in an automated way.
12. The User has the right to obtain a copy of his/her personal data subject to processing.
13. The User has the right to object at any time - for reasons related to his/her special situation - to the processing of his/her personal data by the Mint pursuant to art. 6 paragraph 1 letter f) of the GDPR, i.e. for purposes resulting from the implementation of the legitimate interests of the Mint.
14. The User has the right to lodge a complaint with the supervisory authority, in particular in the Member State of his/her habitual residence, his/her place of work or the place of the alleged violation, if he/she thinks that the processing of personal data concerning him/her violates the provisions of generally applicable law. In Poland, the supervisory body is the President of the Office for Personal Data Protection, ul. [street] Stawki 2, 00-193 Warsaw.
15. The User who wants to exercise his/her rights or who has questions about these rights may contact the Mint:

1. by contacting the Data Protection Inspector of the Mint at the following e-mail address: iodmpsa@mennica.com.pl, or
2. by writing to the postal address: Mennica Polska S.A., ul. Ciasna 6, 00-232 Warsaw.

16. The personal data of the Users are processed in accordance with security rules adequate to the risks identified by the Mint and corresponding to the current state of technical knowledge in this area. We use technical means, such as encryption of the communication channel (HTTPS protocol), to prevent unauthorized persons from acquiring and modifying personal data sent electronically.
17. The information contained in the system logs (e.g. an IP address) resulting from the general principles of the Internet connections are used by the Mint for technical purposes related to the administration of our servers. In addition to personal data, the Mint processes operating data, such as:
    1. markings identifying the end of the telecommunications network or IT system used by the User,
    2. information on the start, end and scope of each use of the Service provided electronically,
    3. information about the User’s using the Services provided electronically,
    4. general, statistical demographic information (e.g. about the region from which the call is made) and anonymous information on age, gender and interest categories within the Service provided.
18. For the purposes of implementing the activities specified in the Rules, the Users' personal data are transferred to other entities cooperating with the Mint in the scope and for the purpose in which the Mint uses the support of these entities in the area of ​​IT support, including in particular to software and programming services providers. In connection with this, we concluded entrustment agreements with the company ‘e-point S.A’, ul. [street] Filona 16, 02-658 Warsaw for the needs of IT support.
19. The Mint provides the User with permanent access to up-to-date information on specific risks related to the use of services provided electronically and on the function and purpose of the software or data not being a component of these services, entered by the Seller into the ICT system which is used by the Purchaser. Access to the aforementioned information can be obtained by sending a query to the e-mail address info_newsletter@mennica.com.pl. In the case of any questions regarding the rules of preserving confidentiality, applied technical measures preventing from the unauthorized acquisition and modification of transmitted personal data, practices used on the Website or using electronic services, the User can contact the Mint via email by writing to the following address: Mennica Polska S.A., ul. Ciasna 6, 00-232 Warsaw or via e-mail sent to the e-mail address: info_newsletter@mennica.com.pl.
20. Any communication on the network may lead to the disclosure of certain information about the User. The Mint is not liable for the User's use of other people's personal data or for the actions of other Users or third parties to whom the User has provided or shared his/her data or content. The User should not give his/her name and surname as well as other information about himself/herself if it is not necessary to provide the Services described in the Rules.
21. Notwithstanding sections 3 and 4 above, the Mint also processes the User's personal data in the form of information collected about the User by means of cookies or similar technologies - more information about cookies, as well as the purposes and methods described in this section of processing, can be found in the Cookie Policy file available at: https://www.mennica.com.pl/dokumenty/polityka-plikow-cookie. In addition, in connection with the use of cookies, the Mint hereby informs about the following:
    1. Cookies are used to ensure the functioning of the Portal at the highest level;
    2. At any time the User can change the conditions for storing or accessing cookies using the options available in his/her web browser;
    3. Using the Portal with browser settings allowing cookies to be left means that the User agrees to leave them on his/her device and to gain access to them.
    4. Third parties, Google and HotJar may use cookies, web beacons and similar technologies to collect or receive information from https://www.mennica.com.pl and other places on the Internet and use them to provide measurement services.
        

§ 9. Amendments to the Rules

1. The Mint is entitled to unilaterally amend these Rules to an extent which was not individually agreed with the User for justified reasons. In particular, the existence of one of the following circumstances shall be considered as a justified cause:

1) The change of the generally applicable provisions of law in the territory of the Republic of Poland in the scope in which such amendment of the provisions modifies the content of the Rules or imposes on the Mint the obligation of a specific modification of this content;
2) The issuance, by public administration bodies, in particular by the President of the Office of Competition and Consumer Protection, of decisions, recommendations, orders, obligations or acts of analogous nature in the scope in which administrative acts modify the content of the Rules or impose on the Mint the obligation to make a specific modification to this content;
3) The introduction by the Mint of new functionalities of the Portal or modification of their current scope - in this case the change to the content of the Rules is permissible in the scope regarding such new functionalities;
4) The introduction by the Mint of new IT systems or modification of existing ones – in this case, a change to the content of the Rules is permissible to the extent which is objectively necessary and directly related to the introduction or modification of the aforementioned IT systems;
5) Establishing judicial or administrative judicature from which it appears that agreement provisions analogous to those used by the Mint may be contrary to the law, in particular, to consumer protection law - in this case, a change to the content of the Agreement will be permissible if the comprehensive consideration of circumstances of a given case can be objectively considered that from the point of view of the average client of the Mint who is a Consumer, the proposed change is in favour of such a client;
6) The Rules require amendments, clarification or modification due to the provisions of law generally applicable in the Republic of Poland or for the reasons of greater transparency of its provisions for Consumers - in this case, a change to the content of the Rules is permissible to the extent which allows the Rules to be adapted to legal provisions or obtaining greater transparency of its provisions.

2. The Mint informs the User through publications on the Portal at least about:

1) the content of the planned amendment to the Rules;
2) date of entry into force;
3) uniform content of the Rules after changes.

3. The amendment to the Rules does not apply to agreements for the provision of services concluded before the amendments to the Rules come into effect. In the case of such agreements, the provisions of the Rules in force on the date of expressing the will of the User to conclude such an agreement for the provision of services shall apply.

§ 10. Final Provisions

1. The Rules enter into force on 11^th December, 2018. The Rules supersede the existing Rules of the Portal. All agreements concluded before the date of entering the Rules into force, referred to above, shall be valid and all provisions of the Rules shall apply to them.
2. In matters not regulated in the Rules, the relevant provisions of Polish law shall apply. For the avoidance of doubt, it is assumed that none of the provisions of the Rules limits the rights of the Consumer as he/she is entitled to under the provisions of the law applicable in Poland. In the case of determining the existence of a provision of this nature, the provisions of applicable law are strictly applicable. Disputes arising from the Rules, which have not been resolved between Users and the Mint in an amicable way, will be settled by a common court competent in accordance with the provisions of Polish law. All correspondence, statements, records and other verbal communication of this type will be in Polish.