Terms and Conditions & Privacy Policy

Terms and conditions of the online shop

The online shop, hereinafter referred to as the Shop, operating at www.fxware.pl is run by: Justyna Pankowska conducting business activity under the name FX INWESTYCJE JUSTYNA PANKOWSKA, registered office address: ul. Romana Drewsa 2/105 61-606 Poznań, NIP: 9720505388, REGON: 525657653, registered in the Central Register and Information on Business Activity, e-mail address: kontakt@fxware.pl, hereinafter referred to as the "Administrator", who is also the Service Provider. Place of business: 2/105 Romana Drewsa Street 61-606 Poznań.

  1. The shop sells licences for its products via the Internet.
  2. Information about the Shop is posted on www.fxware.pl.
  3. The offer presented by the Shop on the websites does not constitute an offer within the meaning of Article 66 of the Civil Code.
  4. Orders can be placed via the Shop's website.
  5. The fulfilment of the order consists in the preparation of a special version of the software or a licence key for the customer to meet his individual needs. Therefore, the customer is not entitled to withdraw from the contract pursuant to Art. 38 para. 3) of the Consumer Rights Act of 30 May 2014.
  6. The customer accepts before placing the order that he/she will gain access to a special version of the software or a digital licence key before the end of the withdrawal period and is informed of the loss of the right of withdrawal. The customer is therefore not entitled to withdraw from the contract pursuant to Art. 38 para. 13) of the Consumer Rights Act of 30 May 2014.
  7. A basic prerequisite for the order to be accepted is that the relevant data for which the licence is being purchased (name / company name or brokerage account number) and the e'mail address to which the information necessary for downloading the licensed version of the software or the licence key is sent when the order is placed.
  8. A licence key issued to an account number allows the software to run only on the real account with the number specified when the licence was purchased.
  9. A licence key issued in your name allows you to run the software on any real account to which the name you provided when purchasing the licence is correctly assigned on the broker's side.
  10. The data listed in para. 7 provided shall only be used to verify the validity of the purchased licence and its delivery to the customer.
  11. All prices quoted are gross prices.
  12. The price listed next to each product is binding at the time the customer places the order.
  13. The shop reserves the right to change the prices of the products on offer.
  14. Payment for the product can be made by the Customer to the bank account 82 1090 1359 0000 0001 5444 1904, via payment przelewy24.pl or via PayPal payment.
  15. At the customer's request, an invoice is issued with the order.
  16. The customer can make a complaint about a purchased product by sending it by e-mail to kontakt@fxware.pl. The complaint should contain the following data: name and version of the product for which the complaint is made, licence data (name and surname or brokerage account number), detailed description of the software defect found. The date of filing a complaint shall be the date on which the complaint is received by the Store.
  17. The time limits for handling complaints are in accordance with the applicable legislation and are normally 30 calendar days from the effective date of submission, unless otherwise stipulated by law. In particular, the time limit for processing warranty complaints is 14 calendar days from the effective submission.
  18. If the complaint is accepted, the Shop undertakes to prepare and make available to the customer a version of the software free of defects within a period of no longer than 30 calendar days counted from the moment the complaint is accepted. If this deadline is not met, and if the defect concerns a key functionality of the purchased software, i.e. significantly limits the possibility of using it in accordance with its description and instructions, the Shop will refund the amount paid by the customer for the advertised product to the bank account specified by the customer.
  19. Since the products for which a licence is sold are used, among other things, to transact in financial markets or support such transactions, it is important to be fully informed about the risks and costs associated with trading in financial markets before using them, as this is the riskiest possible form of investment.
  20. FX INWESTYCJE JUSTYNA PANKOWSKA shall not be liable for any financial or other losses incurred as a result of the use of the products for which a licence is sold, even if the losses result from the malfunction or unexpected operation of the product.
  21. FX INWESTYCJE JUSTYNA PANKOWSKA shall not be held liable for errors, technical interruptions, lack of quotations or lack of access to the broker where the product for which the licence is sold is used.
  22. Matters not covered by these Terms and Conditions shall be governed by the provisions of the Civil Code and the provisions of the Act on Special Terms of Consumer Sales and Amendments to the Civil Code and the provisions of the Act on the Protection of Certain Consumer Rights and Liability for Damage Caused by a Dangerous Product.
  23. When placing an order, the customer must accept the terms and conditions. Otherwise, placing an order is not possible.
  24. By accepting the terms and conditions, the customer declares that he/she has read and accepts the privacy policy posted on the website.
  25. The Shop operator is not responsible for interruptions in the use of the online shop due to technical or other reasons beyond its control.
  26. These Terms and Conditions shall enter into force on the day they are posted in the online shop at www.fxware.pl and shall remain in force indefinitely.
  27. The Shop operator reserves the right to amend these Terms and Conditions for important reasons, in particular in the event of changes to the law, the rules of the Internet or significant changes in the market situation.
Go to top

Privacy policy

  1. GENERAL PROVISIONS

    1. The controller of personal data collected through the website FXWare.pl is Justyna Pankowska doing business under the name FX INWESTYCJE JUSTYNA PANKOWSKA, business address: ul. Romana Drewsa 2/105 61-606 Poznań, NIP: 9720505388, REGON: 525657653, entered in the Central Register and Information on Business Activity, e-mail address: kontakt@fxware.pl, hereinafter referred to as the "Administrator", who is also the Service Provider. Place of business: 2/105 Romana Drewsa Street 61-606 Poznań.
    2. The personal data collected by the Administrator through the website is processed 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), hereinafter referred to as RODO and the Data Protection Act of 10 May 2018.

  2. THE TYPE OF PERSONAL DATA PROCESSED, THE PURPOSE AND SCOPE OF DATA COLLECTION

    1. PURPOSE OF PROCESSING AND LEGAL BASIS. The controller processes personal data via the FXWare.pl in the case of:
        1. the performance of a contract for the provision of services set out in the Online Shop Regulations (based on Article 6(1)(b) of the RODO);
        2. fulfilment of a legal obligation incumbent on the Administrator (based on Article 6(1)(c) of the DPA);
        3. to send e-mails that may contain marketing information concerning products and services offered by the Administrator on the basis of a separate consent given by the user (on the basis of Article 6(1)(f) RODO);
    2. TYPE OF PERSONAL DATA PROCESSED. The controller processes the following categories of your personal data:
      1. Name,
      2. Email address.
    3. ARCHIVING PERIOD FOR PERSONAL DATA. Users' personal data is stored by the Administrator:
      1. where the processing is based on the performance of a contract, for as long as is necessary for the performance of the contract and thereafter for a period corresponding to the period of limitation of claims. Unless specifically provided otherwise, the period of limitation shall be six years, and for periodic performance claims and claims related to the conduct of business, three years.
      2. where the basis for data processing is consent, for as long as the consent is not revoked, and after revoking the consent for a period of time corresponding to the period of limitation of claims which the Administrator may raise and which may be raised against him. Unless a specific provision provides otherwise, the period of limitation shall be six years, and for claims for periodic benefits and claims related to the conduct of business activity - three years.
    4. When using the website, additional information may be collected, in particular: the IP address assigned to your computer or the external IP address of your internet provider, domain name, browser type, access time, operating system type.
    5. Navigation data may also be collected from users, including information about the links and references they choose to click on or other actions they take on the website. The legal basis for such activities is the Administrator's legitimate interest (Article 6(1)(f) RODO) in facilitating the use of services provided electronically and in improving the functionality of such services.
    6. The provision of personal data by the user is voluntary.
    7. Personal data will also be processed by automated means in the form of profiling, provided that you have given your consent pursuant to Article 6(1)(a) of the DPA. The consequence of profiling will be the assignment of a profile to a person in order to make decisions concerning him or her or to analyse or predict his or her preferences, behaviour and attitudes.
    8. The controller shall take special care to protect the interests of the data subjects and, in particular, shall ensure that the data it collects are:
      1. processed in accordance with the law,
      2. collected for specified, legitimate purposes and not subjected to further processing incompatible with those purposes,
      3. Substantially correct and adequate in relation to the purposes for which they are processed and kept in a form which permits identification of data subjects for no longer than is necessary to achieve the purpose of the processing.

  3. SHARING OF PERSONAL DATA

    1. Your personal data is stored exclusively in the European Economic Area (EEA).

  4. THE RIGHT TO CONTROL, ACCESS AND RECTIFY THEIR OWN DATA

    1. The data subject has the right of access to the content of their personal data and the right to rectification, erasure, restriction of processing, the right to data portability, the right to object, the right to withdraw consent at any time without affecting the lawfulness of the processing carried out on the basis of consent before its withdrawal.
    2. Legal basis of the user's request:
      1. Access to data - Article 15 RODO
      2. Correction of data - Article 16 RODO.
      3. Deletion of data (so-called right to be forgotten) - Article 17 RODO.
      4. Limitation of processing - Article 18 RODO.
      5. Data transfer - Article 20 RODO.
      6. Opposition - Article 21 RODO
      7. Withdrawal of consent - Article 7(3) RODO.
    3. In order to exercise the rights referred to in point 2, you can send the relevant email to: kontakt@fxware.pl.
    4. If the user makes a request for fulfilment of his/her rights under the above mentioned rights, the Administrator shall either comply with the request or refuse to comply with it immediately, but no later than within one month of receiving the request. However, if - due to the complexity of the request or the number of requests - the Administrator is not able to comply with the request within one month, it shall comply with the request within the following two months, informing the user in advance, within one month of receiving the request, of the intended extension of the deadline and the reasons for it.
    5. If it is established that the processing of personal data violates the provisions of the RODO, the data subject has the right to lodge a complaint with the President of the Data Protection Authority.

  5. COOKIES

    1. The Administrator's website uses "cookies".
    2. The installation of cookies is necessary for the correct provision of services on the website. Cookies contain the information necessary for the correct functioning of the website, and they also provide the possibility of compiling general statistics on website visits.
    3. The following types of cookies are used on the website: session cookies and permanent cookies
      1. "Session" cookies are temporary files that are stored on the user's terminal equipment until the user logs out (leaves the website).
      2. "Permanent" cookies are stored on the user's terminal equipment for the duration specified in the parameters of the cookies or until they are deleted by the user.
    4. The administrator uses its own cookies to better understand how the user interacts with the content of the website. The cookies collect information about the user's use of the website, the type of website from which the user was redirected and the number of visits and the length of the user's visit to the website. This information does not record specific personal data about the user, but is used to compile statistics on the use of the website.
    5. The user has the right to decide on the access of "cookies" to his/her computer by selecting them in advance in his/her browser window. Detailed information on the possibility and handling of cookies is available in the settings of your software (browser).

  6. FINAL PROVISIONS

    1. The controller shall apply technical and organisational measures to ensure the protection of the processed personal data appropriate to the risks and categories of data protected, and in particular to protect the data against their access to unauthorised persons, against their being taken by an unauthorised person, against their being processed in violation of the applicable regulations, and against their alteration, loss, damage or destruction.
    2. The administrator shall make available appropriate technical measures to prevent the acquisition and modification by unauthorised persons, of personal data sent electronically.
    3. In matters not covered by this Privacy Policy, the provisions of the RODO and other relevant provisions of Polish law shall apply accordingly.
Go to top