TERMS AND CONDITIONS OF THE AFFILIATE PROGRAMME
1. GENERAL PROVISIONS
1.1. The organiser of the Partner Programme is VIDEOSPACE SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, with its registered office in Poznań (registered office and address for service: ul. Strzelecka 29A/39, 61-846 Poznań); entered in the Register of Entrepreneurs of the National Court Register under KRS number 0000752496; the registry court where the company’s records are held: Poznań – Nowe Miasto i Wilda District Court in Poznań, 9th Commercial Division of the National Court Register; share capital: 5,000 PLN; Tax Identification Number (NIP): 7861718889; Statistical Identification Number (REGON): 381535071, email address: sklep@nullvideospace.agency and contact telephone number: +48 61 250 40 29
2. DEFINITIONS:
2.1. The terms used in these Terms and Conditions shall have the following meanings:
2.1.1. CUSTOMER, PARTICIPANT – (1) a natural person with full legal capacity, and, in the cases provided for by generally applicable legislation, also a natural person with limited legal capacity; (2) a legal person; or (3) an organisational unit without legal personality to which the law grants legal capacity – which intends to participate or is participating in the Affiliate Programme.
2.1.2. REFERRED CUSTOMER – A customer who joins the Partner Programme by (1) placing an order on the Online Shop and entering, at the time of placing the order, the Unique Partner Code sent to them by the Partner, or (2) by entering into a partnership with the Organiser after completing a contact form in which they provide the Unique Partner Code.
2.1.3. CIVIL CODE – the Civil Code Act of 23 April 1964 (Journal of Laws No. 16, item 93, as amended).
2.1.4. AFFILIATE LINK – a unique string of characters identifying the Partner, containing the Partner’s Unique Code.
2.1.5. ORGANISER – VIDEOSPACE SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, with its registered office in Poznań (registered office and address for service: 29A/39 Strzelecka Street, 61-846 Poznań); entered in the Register of Entrepreneurs of the National Court Register under KRS number 0000752496; the registry court where the company’s records are held: Poznań – Nowe Miasto and Wilda District Court in Poznań, 9th Commercial Division of the National Court Register; share capital: 5,000 PLN; Tax Identification Number (NIP): 7861718889; Statistical Identification Number (REGON): 381535071; email address: studio@nullvideospace.agency; and contact telephone number: +48 61 250 44 13.
2.1.6. PARTNER – A Customer who joins the Partner Programme and seeks to recruit Referred Customers by sending their Unique Partner Code to another person. Only a natural person of legal age, resident in the territory of the Republic of Poland, may become a Partner.
2.1.7. PARTNER SCHEME, SCHEME – this Partner Scheme for Customers organised by the Organiser in accordance with these Terms and Conditions.
2.1.8. TERMS AND CONDITIONS – these terms and conditions of the Affiliate Programme.
2.1.9. ONLINE SHOP – the Organiser’s online shop, available at the following web address: www.videospace.agency.
2.1.10. UNIQUE PARTNER CODE – a unique string of characters identifying the Partner, which a Referred Customer may use when placing orders.
3. TERMS AND CONDITIONS FOR PARTICIPATION IN THE AFFILIATE PROGRAMME
3.1. Any Customer may participate in the Partner Programme. Participation in the Partner Programme is voluntary.
3.2. Only a Customer who is a natural person of legal age and resident in the Republic of Poland may become a Partner, provided that the following conditions are met:
3.2.1. completing the registration form, in which the Partner provides (in particular): first name, surname, username, email address, contact telephone number, address (street and house number, postcode, town), their PESEL number and the relevant tax office.
3.3. A Referred Customer joins the Programme when they visit the Online Shop’s website and then (1) place an order on the Online Shop, entering the Unique Partner Code sent by the Partner in the order form; or (2) completes the contact form, entering the Unique Partner Code sent by the Partner, and subsequently enters into a partnership with the Organiser outside the Online Shop.
3.4. Customers participating in the Partner Programme are required to provide accurate information. Should any of the details provided change, customers are required to update them by sending the updated details to the Organiser by email.
3.5. The Participant is obliged to use the Affiliate Programme in a manner consistent with the law and public decency, whilst respecting the personal rights, copyright and intellectual property rights of the Organiser and third parties. Participants are prohibited from providing unlawful content.
4. TERMS AND CONDITIONS GOVERNING THE PARTNERSHIP PROGRAMME
4.1. The Affiliate Programme is valid from 1 January 2023 until further notice.
4.2. The Partner shall endeavour to attract as many Referred Customers as possible by actively encouraging them to take advantage of the Organiser’s offer. To this end, the Partner shall, on their own initiative and at their own risk, distribute their Unique Partner Code.
4.3. Upon using the Unique Partner Code, the Referred Customer receives a one-hour consultation prior to the provision of the service covered by the order. In addition, the Referred Customer may choose (1) for the Organiser to conduct a test online campaign on their behalf, with a value of 1,000 zł gross, or (2) a free production breakdown and the placement of one TV advert or two sponsored billboards on the distribution platform of the selected TV station.
4.4. For the first order placed via the Online Shop by a given Referred Customer, and for the first business transaction concluded outside the Online Shop following contact made via the contact form with the provision of a Unique Partner Code, the Partner shall receive a commission amounting to 10% of the purchase price.
4.5. A Partner’s employer may be a Referred Customer.
4.6. The commission on a sales contract concluded by the Referred Customer is payable only upon full payment for the ordered Products and the performance of the service.
4.7. An Affiliate Link is valid for 12 months from the date of issue. Once this period has expired, the Customer may rejoin the Programme provided they meet the conditions set out in these Terms and Conditions. In such cases, they will be issued with a new Unique Partner Code.
5. RULES GOVERNING THE PAYMENT OF COMMISSIONS
5.1. The Organiser shall pay the Partner a commission directly into the bank account specified by the Partner, on the basis of a VAT invoice issued by the Partner or a contract for services concluded with the Partner, on the last day of the month following the completion of the service.
5.2. The Partner issuing the invoice is obliged to comply with all tax requirements laid down by generally applicable legislation in relation to the commission paid to them. This does not apply to a Partner who is bound by a contract for services with the Organiser.
6. PERSONAL DATA
6.1. The data controller responsible for the personal data processed in connection with the implementation of the provisions of these Terms and Conditions is the Organiser (hereinafter: ‘the Data Controller’). Personal data is processed in accordance with applicable legislation, in particular in accordance with Regulation (EU) (EU) 2016/679 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 the ‘GDPR’ or the ‘GDPR Regulation’.
6.2. The Controller processes personal data for the purposes, for the period and in accordance with the principles set out in this section of the Terms and Conditions. The provision of personal data is voluntary; however, failure to provide the personal data necessary to use the Affiliate Programme will result in the inability to use it. The Controller takes particular care to protect the interests of the data subjects whose personal data it processes, and in particular is responsible for and ensures that the data it collects is: (1) processed lawfully; (2) collected for specified, lawful purposes and not subject to further processing incompatible with those purposes; (3) factually accurate and relevant to the purposes for which they are processed; (4) stored in a form which permits identification of the data subjects for no longer than is necessary to fulfil the purpose of the processing; and (5) processed in a manner that ensures appropriate security of personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures. Taking into account the nature, scope, context and purposes of the processing, and the risk to the rights and freedoms of natural persons, taking into account the varying likelihood and severity of the risk, the Controller shall implement appropriate technical and organisational measures to ensure that the processing is carried out in accordance with the GDPR and to be able to demonstrate this. These measures are reviewed and updated as necessary. The Controller shall implement technical measures to prevent unauthorised persons from accessing or altering personal data transmitted electronically.
6.3. The controller is authorised to process personal data where – and to the extent that – at least one of the following conditions is met: (1) the data subject has given consent to the processing of their personal data for one or more specific purposes; (2) processing is necessary for the performance of a contract to which the data subject is a party, or to take steps at the request of the data subject prior to entering into a contract; (3) processing is necessary for compliance with a legal obligation to which the Controller is subject; or (4) processing is necessary for the purposes of the legitimate interests pursued by the Controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.
6.4. The processing of personal data by the Controller requires, in each case, the existence of at least one of the grounds set out above. The specific legal bases for the Controller’s processing of the Online Shop Customers’ personal data are set out in the following section of these Terms and Conditions – in relation to the specific purpose of the Controller’s processing of personal data.
6.5. The data controller may process personal data for the following purposes, on the following grounds and for the following period:
Purpose of data processing Legal basis for data processing Data retention period
Implementation of the Partner Programme by the Organiser or taking action at the request of the data subject prior to their participation in the Partner Programme – Article 6(1)(f) of the GDPR (legitimate interest) – processing is necessary for the purposes of the Controller’s legitimate interests – consisting in the implementation of the objectives of the promised Affiliate Programme and enabling Affiliates to participate and earn commission in accordance with its rules
The data is retained for as long as the legitimate interest pursued by the Controller subsists, but no longer than until the Partner’s participation in the Partner Programme ends, in whatever manner.
Marketing of the Controller’s goods and services
(e.g. sending commercial communications, including direct marketing, using telecommunications terminal equipment such as email and telephone, or automated calling systems) Article 6(1)(f) of the GDPR (legitimate interests of the controller) – processing is necessary for the purposes of the controller’s legitimate interests, which include direct marketing – consisting of safeguarding the interests and positive image of the Controller and its Online Shop, and striving to sell Products – for example, in connection with the data subject having given prior consent (e.g. when subscribing to the newsletter), to send commercial communications via telecommunications terminal equipment, such as email or telephone, depending on the scope of the consent given
The data is retained for as long as the legitimate interest pursued by the Controller persists, but for no longer than the limitation period for the Controller’s claims against the data subject arising from the Controller’s business activities. The limitation period is determined by statutory provisions, in particular the Civil Code (the basic limitation period for claims relating to the conduct of business activities is three years, and two years for a Contract of Sale).
The data controller may not process data for the purposes of direct marketing if the data subject has validly objected to such processing.
Furthermore, where the basis for processing is consent given to the sending of commercial information, including direct marketing, using telecommunications terminal equipment or automated calling systems, the data shall be retained until the data subject withdraws their consent to the further processing of their data for that purpose, without prejudice to the lawfulness of the processing carried out on the basis of that consent prior to its withdrawal.
The establishment, pursuit or defence of claims which may be brought by the Controller or which may be brought against the Controller in connection with the Affiliate Programme – Article 6(1)(f) of the GDPR (the Controller’s legitimate interests) – processing is necessary for the purposes of the Controller’s legitimate interests – consisting in establishing, pursuing or defending claims which the Controller may bring or which may be brought against the Controller
The data is retained for as long as the legitimate interest pursued by the Controller subsists, but for no longer than the limitation period for claims that may be brought against the Controller (the standard limitation period for claims against the Controller is six years).
6.6. The Controller must use the services of third parties. The Controller only uses the services of data processors who provide sufficient guarantees that they have implemented appropriate technical and organisational measures to ensure that the processing complies with the requirements of the GDPR and protects the rights of data subjects.
6.7. The Controller shall disclose data only where this is necessary for the fulfilment of a specific purpose of personal data processing and only to the extent necessary to fulfil that purpose. Customers’ personal data may be disclosed to the following recipients or categories of recipients:
6.7.1. service providers supplying the Administrator with technical, IT and organisational solutions that enable the Administrator to conduct its business activities, including the Online Shop, the Affiliate Programme and the Electronic Services provided (in particular, suppliers of computer software for operating the Online Shop, email and hosting providers, and suppliers of business management software and technical support for the Controller) – The Controller shall make the Customer’s personal data available to a selected supplier acting on its behalf only where and to the extent necessary to fulfil a specific purpose of data processing in accordance with this clause 6 of the Terms and Conditions.
6.7.2. providers of accounting, legal and advisory services who provide the Controller with accounting, legal or advisory support (in particular, an accountancy firm, a law firm or a debt collection agency) – The Controller shall disclose the Customer’s personal data to a selected provider acting on its behalf only where and to the extent necessary to fulfil a specific purpose of data processing in accordance with this clause 6 of the Terms and Conditions.
6.8. Every individual has the right to exercise control over the processing of personal data relating to them contained in the Controller’s data set, and in particular the right to: request that such data be supplemented, updated, rectification of personal data, the temporary or permanent suspension of its processing, or its erasure, if it is incomplete, out of date, inaccurate, has been collected in breach of the Act, or is no longer necessary for the purpose for which it was collected.
6.8.1. The right of access, rectification, restriction, erasure or data portability – the data subject has the right to request from the Controller access to their personal data, its rectification, erasure (‘the right to be forgotten’) or restriction of processing, and has the right to object to the processing, as well as the right to data portability. The specific conditions for exercising the rights set out above are set out in Articles 15–21 of the GDPR.
6.8.2. The right to withdraw consent at any time – a data subject whose data is processed by the Controller on the basis of consent given (pursuant to Article 6(1)(a) or Article 9(2)(a) of the GDPR), has the right to withdraw their consent at any time, without this affecting the lawfulness of the processing carried out on the basis of consent prior to its withdrawal.
6.8.3. Right to lodge a complaint with a supervisory authority – a data subject whose data is processed by the Controller has the right to lodge a complaint with a supervisory authority in the manner and in accordance with the procedures set out in the provisions of the GDPR and Polish law, in particular the Personal Data Protection Act. The supervisory authority in Poland is the President of the Office for Personal Data Protection.
6.8.4. Right to object – the data subject has the right at any time to object – on grounds relating to their particular situation – to the processing of their personal data based on Article 6(1)(e) (public interest or public tasks) or (f) (the controller’s legitimate interest), including profiling based on those provisions. In such a case, the controller may no longer process that personal data unless it demonstrates compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or grounds relating to the establishment, exercise or defence of legal claims.
6.8.5. Right to object to direct marketing – where personal data is processed for the purposes of direct marketing, the data subject has the right at any time to object to the processing of their personal data for the purposes of such marketing, including profiling, to the extent that the processing is related to such direct marketing.
6.8.6. In order to exercise the rights referred to in this point 6 of the Terms and Conditions, you may contact the Controller by sending a written message or an email to the Controller’s address set out at the beginning of the Terms and Conditions.
7. SPECIFIC PROVISIONS RELATING TO ARTIFICIAL INTELLIGENCE
7.1. Partners’ Obligations Regarding Compliance with the Artificial Intelligence Act (AI Act) and the GDPR
7.1.1. The Parties undertake to comply with all applicable legal provisions, including Regulation (EU) 2024/1689 of the European Parliament and of the Council (the Artificial Intelligence Act) , Regulation (EU) 2016/679 of the European Parliament and of the Council (GDPR), the Civil Code and the Consumer Rights Act, in respect of all activities carried out under the partnership programme, in particular those involving the use of AI.
7.2. Processing of Personal Data: Partners may process personal data solely for the purposes and in accordance with the principles agreed with and in accordance with the GDPR. Where personal data is processed via AI systems, Partners undertake to have appropriate legal bases (e.g. users’ consent to marketing activities) and to implement appropriate technical and organisational measures to protect personal data. Depending on the Partner’s role (joint controller or data processor), it may be necessary to enter into an appropriate Data Processing Agreement (DPA) or a joint controllership agreement.
7.2.1. Transparency in the Use of AI: Partners who use AI systems in their promotional activities or communications with potential customers (e.g. to generate advertising content, personalise offers, or automate communications) are required to inform users of this in a transparent manner. The requirement to clearly label AI-generated content, where required by the Artificial Intelligence Act or other legislation.
7.3. Guidelines on the Use of AI by Partners in Marketing Activities and Content Creation
7.3.1. Prohibition on the Use of Prohibited AI Practices: Partners must not use AI in a manner that would contravene the prohibitions set out in the Artificial Intelligence Act, including the use of manipulative interfaces (so-called ‘dark patterns’) or other unfair market practices.
7.3.2. Liability for AI-Generated Content: Partners bear full liability for AI-generated content that they publish or distribute as part of the affiliate programme. Such content must be lawful, ethical, and must not be misleading or infringe the rights of third parties (e.g. copyright).
7.3.3. Compliance with Consumer Law: Partners must ensure that their AI-based marketing activities comply with the Consumer Rights Act, in particular with regard to information obligations and the prohibition of unfair commercial practices.
7.4. Liability for Breaches Arising from the Use of AI by Partners
7.4.1. Partner’s Liability: The Partner shall be solely liable for any damage or claims arising from the use of AI in a manner that contravenes the law or the terms and conditions of the affiliate programme.
7.4.2. Right to Compensation: reserves the right to claim compensation from the Partner in the event that it suffers loss or is liable to pay a penalty as a result of breaches committed by the Partner through the use of AI.
7.4.3. Monitoring and Auditing: reserves the right to monitor the AI Partners’ practices and to audit their activities in order to verify compliance with these terms and conditions and applicable legislation. In the event of serious breaches, it has the right to terminate the partnership agreement with immediate effect.
7.5. In matters not covered by this clause, the Online Shop’s privacy policy shall apply.
8. CANCELLATION TERMS AND CONDITIONS
8.1. The Customer may withdraw from the Affiliate Programme at any time and without giving any reason by sending a statement to that effect to the Organiser, for example by email to: studio@nullvideospace.agency. Withdrawal takes effect immediately. The Customer may request payment of any outstanding commissions in accordance with clause 5 of the Terms and Conditions within 30 days of withdrawing from the Affiliate Programme.
8.2. The Organiser is entitled to terminate the Affiliate Programme subject to 14 days’ notice. In such circumstances, the Participant will be notified by the Organiser via an email sent to the email address provided in the registration form. The Customer shall be entitled to receive the commission accrued up to the expiry of the notice period.
9. COMPLAINTS PROCEDURE
9.1. The Customer may submit complaints relating to the Affiliate Programme, for example, by email to the following address: studio@nullvideospace.agency.
9.2. It is recommended that the complaint description include as much information and detail as possible regarding the subject of the complaint, in particular the nature and date of the issue, as well as contact details – this will facilitate and expedite the Organiser’s handling of the complaint. The requirements set out in the previous sentence are merely recommendations and do not affect the validity of complaints submitted without the recommended description.
9.3. The Organiser shall respond to a complaint without delay, and no later than 14 days from the date on which the complaint was lodged.
10. FINAL PROVISIONS
10.1. The Affiliate Programme is conducted in Polish.
10.2. The Organiser reserves the right to amend these Terms and Conditions for valid reasons, namely: changes to legislation to the extent that such changes affect the implementation of the provisions of these Terms and Conditions; changes to the terms and conditions of participation in the Partner Programme. The amended Terms and Conditions shall be binding on the Customer provided that the requirements set out in Articles 384 and 384[1] of the Civil Code have been met, that is, the Customer has been duly notified of the amendments and has not terminated their participation in the Partner Programme within 14 days of the date of notification.
10.3. In matters not covered by these Terms and Conditions, the Online Shop’s terms and conditions, the provisions of the Civil Code and other relevant provisions of generally applicable Polish law shall apply.
