NEWSLETTER TERMS OF SERVICE
1. General provisions
These Terms of Service set out the rules for providing the Newsletter service by Mervision Wiktor Mertka, operating the website available at: https://inspectrabim.com/ and offering the Inspectra BIM software. These Terms of Service apply from the date the newsletter service is launched or the newsletter sign-up form is made available.
The Newsletter is a service provided by electronic means. Use of the newsletter is voluntary, free of charge and is not a condition for creating a Website user account, purchasing a licence, using the free version of the product or using basic technical support.
2. Definitions
2.1 Controller / Service Provider – the owner of the Website, Wiktor Mertka, conducting business under the name Mervision Wiktor Mertka, Rotmanka (Poland), ul. Bajki 15a/13, NIP (Tax ID): 6040272133, REGON: 545305973, contact e-mail address: contact@inspectrabim.com.
2.2 Terms of Service – these terms of service, setting out the rules and conditions for providing the service in the form of the Newsletter, made available in a manner allowing them to be downloaded, stored and reproduced, available at the website address: https://inspectrabim.com/.
2.3 Newsletter – a service provided by electronic means, consisting of periodic or occasional communication with the Subscriber by electronic mail (e-mail), covering information about products, updates, educational materials, events, promotions, new functionalities and content concerning BIM technology, including the Inspectra BIM software.
2.4 Subscriber – a person who has voluntarily signed up to use the Newsletter service by concluding the Agreement.
2.5 Agreement – the agreement under which the Service Provider provides the Newsletter service to the Subscriber.
2.6 Website – the website operated by the Service Provider at the website address: https://inspectrabim.com/.
2.7 E-mail address – the electronic mail address indicated by the Subscriber for the purpose of signing up to the Newsletter.
2.8 Digital content – data produced and supplied in digital form.
2.9 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).
2.10 Privacy Policy – the document containing detailed information about the processing of personal data in connection with the Newsletter, including the purposes, legal bases, recipients, data retention periods and the rights of data subjects, available at the website address: https://inspectrabim.com/polityka-prywatnosci.
2.11 Website Terms of Service – the terms of service of the Website, available at the website address: https://inspectrabim.com/terms/ (English language version) or https://inspectrabim.com/pl/terms/ (Polish language version).
3. Service Provider
The Service Provider and the controller of the Subscribers' personal data is Wiktor Mertka, conducting business under the name Mervision Wiktor Mertka, Rotmanka (Poland), ul. Bajki 15a/13, NIP (Tax ID): 6040272133, REGON: 545305973. Contact in matters relating to the operation of the Newsletter and to personal data is possible at the e-mail address: contact@inspectrabim.com.
The Controller has not appointed a Data Protection Officer. In matters concerning the protection of personal data, please use the e-mail address indicated above.
4. Nature of the Newsletter
4.1 The Newsletter may consist in delivering the following Digital content to Subscribers:
4.1.1 information about the development and functionalities of the Inspectra BIM software;
4.1.2 information about updates, fixes, product versions, technical or instructional materials;
4.1.3 educational, expert or industry content related to BIM, design coordination and the Inspectra BIM software;
4.1.4 information about offers, promotions, licence plans, trial versions and events;
4.1.5 organisational announcements related to the services provided by the Service Provider.
4.2 The Newsletter does not replace system, transactional, licensing or technical messages, which may be sent to the Subscriber independently of the Newsletter where they are necessary to perform the agreement, to operate the Website user account, the licence or a support case, or to ensure the security of the other services provided by the Service Provider.
4.3 Use of the Newsletter requires an active E-mail address, a device with internet access and a mail program or electronic mail service enabling receipt of e-mail messages. The Subscriber should ensure that the E-mail address provided is correct and that the mailbox settings, in particular anti-spam filters, are appropriate.
5. Signing up to the newsletter
5.1 The Newsletter is provided solely to Subscribers.
5.2 The Agreement is concluded (sign-up to the Newsletter) upon jointly completing the following actions:
5.2.1 indicating an E-mail address in the newsletter sign-up form available on the Website;
5.2.2 reading and accepting the Terms of Service by ticking a checkbox with the following wording:
"I have read the Newsletter Terms of Service and I accept them";
5.2.3 making a declaration of the will to receive Digital content as part of the Newsletter service by ticking a checkbox with the following wording:
"I want to receive news and offers. I order the Newsletter service under the terms of the Newsletter Terms of Service, including consenting to receive from Mervision Wiktor Mertka, at the e-mail address I have indicated, commercial information (e.g. about offers, promotions, licence plans, trial versions of the Inspectra BIM software and events). I understand that this consent is voluntary and that I may withdraw it at any time";
5.3 Where the Service Provider applies a double verification mechanism for ordering the Newsletter, consisting in sending an e-mail message with a link confirming the sign-up, in addition to jointly satisfying the conditions referred to in point 4.2 above, the conclusion of the Agreement requires the Subscriber to confirm the sign-up to the Newsletter via the link received (the Agreement is concluded at the moment the Subscriber confirms the sign-up to the Newsletter).
5.4 If the Newsletter service is not yet operated by the Service Provider, signing up to the Newsletter is equivalent to the Subscriber declaring the will to receive the Newsletter once the Service Provider starts operating it. The Subscriber may withdraw such a declaration at any time, including before the Service Provider starts operating the Newsletter.
6. Cancelling the Newsletter and withdrawing consent
6.1 The Subscriber may at any time cancel the Newsletter service and withdraw consent to receiving it, including consent to receiving commercial information. Cancellation is possible in particular by (i) clicking the link enabling unsubscription from the Newsletter service (termination of the Agreement) contained in every e-mail message sent to the Subscriber as part of the Newsletter, or by (ii) sending a request to cease operating the Newsletter to the e-mail address: contact@inspectrabim.com. Cancellation takes effect immediately.
6.2 Cancelling the Newsletter is free of charge, does not require a reason and may not result in negative consequences for the subscriber as regards the use of the Website user account, the licence or other services provided or supplied by the Service Provider. Withdrawal of consent does not affect the lawfulness of the sending of e-mail messages containing commercial information or Digital content carried out before its withdrawal.
6.3 After cancellation of the Newsletter, the Controller ceases to operate the Newsletter to the E-mail address indicated by the Subscriber. The Controller may retain minimal evidential data concerning the granting and withdrawal of consent where this is necessary to demonstrate the lawfulness of its actions or to defend against claims.
7. Rules of use and prohibition of abuse
7.1 The Subscriber should use the newsletter in accordance with the law and good practice. It is prohibited to provide a third party's E-mail address without a legal basis, to use the newsletter sign-up form in order to send unlawful content, to sign up addresses automatically in bulk, or to take actions disrupting the operation of the Website.
7.2 The Service Provider may suspend operation of the Newsletter or remove an E-mail address from the list of Subscribers if it identifies abuse, an incorrect E-mail address, a hard bounce, a security threat, or receives a relevant request from the data subject.
7.3 The Digital content comprising the Newsletter has no effect on the hardware or software by means of which it is received or reproduced by the Subscriber.
8. Personal data
8.1 Detailed information about the processing of personal data in connection with the Newsletter, including the purposes, legal bases, recipients, data retention periods and the rights of data subjects, is set out in the Privacy Policy available at: https://inspectrabim.com/polityka-prywatnosci.
8.2 Subscribers' data are processed for the purpose of operating the Newsletter service on the basis of consent, and also, to a limited extent, for the purpose of documenting consent, its withdrawal and defending against claims on the basis of the Controller's legitimate interest. The Controller may use a provider of a mailing tool, hosting or electronic mail, acting as a processor or as an infrastructure supplier, in accordance with the relevant agreement or terms of service.
9. Complaints concerning the Newsletter
9.1 Complaints or grievances concerning the operation of the Newsletter may be submitted to the e-mail address: contact@inspectrabim.com. A complaint should contain at least the E-mail address to which it relates, a description of the problem and the expected way of resolving the matter. The Service Provider responds without undue delay, as a rule within 30 days of receiving the complaint or grievance, unless the nature of the matter requires longer analysis.
9.2 As regards the Service Provider's liability towards the Subscriber, as well as the Subscriber's rights in connection with the lack of conformity of the Digital content with the Agreement, the relevant provisions of the Website Terms of Service apply.
10. Amendment of the terms of service and termination of the service
10.1 The Service Provider may amend the Terms of Service in particular where there is a change in the functionality of the Newsletter, a change of the mailing tool provider, a change in the manner of signing up to or unsubscribing from the Newsletter service, a change in the manner of concluding the Agreement, a change in the relevant content of the Website, a change in the law, a change to the Privacy Policy, or a need to clarify security rules.
10.2 The Controller may inform Subscribers of material amendments to the Terms of Service by e-mail message or by publishing a new version of the Terms of Service on the Website. If an amendment requires obtaining new consent, the Newsletter will not be sent on the terms resulting from the amended Terms of Service without first obtaining the Subscriber's consent.
10.3 The Controller may terminate the provision of the Newsletter service at any time, in particular in the event of a change of business model, cessation of marketing communication or implementation of another communication channel. Termination of the Newsletter does not affect the validity of Website user accounts or licences, unless separate documents provide otherwise.
11. Final provisions
These Terms of Service enter into force on the date of their approval and, as regards subscribers, from the date they are made available or from the date the Newsletter service is launched. In matters not regulated herein, the relevant provisions of Polish law, European Union law or the law of other states shall apply (as appropriate under international agreements governing applicable law and jurisdiction), including in particular the provisions of the GDPR, the Act of 18 July 2002 on the provision of services by electronic means and the Act of 12 July 2024 – Electronic Communications Law.