Yönetmelik

REGULATION OF USING RFBENCHMARK PORTAL AND THE MOBILE APPLICATION

§ 1.
General Provisions

 

  1. On the foundation of the art. 8 sec. 1 point 1) of the Act on Performing Services via Electronic Means, dated the 18th of July 2002 (J.o.L. 2002.144.1204), the following regulation is adopted. The regulation regulates the rules of performing a service consisting in making available an application which allows, in particular, to determine the strength of signal of mobile telecommunication networks (“the Application”). The Application is made available on the RFBenchmark portal and can be run on mobile devices.
  2. The operator of RFBenchmark portal and the performer of services in the understanding of the Act on Performing Services via Electronic Means, dated the 18th of July 2002 (J.o.L. 2002.144.1204) is Notel Poland sp. z o.o. seated in Warsaw, Poland, entered into the entrepreneurs register kept by the District Court for the Capital City of Warsaw in Warsaw, 12th Economic Division of National Court Register under the number 0000474393 (“the Operator”), NIP number 5252562639.
  3. RFBenchmark portal is conducted by the Operator on the website www.rfbenchmark.pl

§ 2.
Technical requirements necessary to use RFBenchmark portal and the Application

  1. Using RFBenchmark portal requires a device communicating with the Internet (including a mobile device), equipped in a commonly applied internet browser, such as Internet Explorer, Google Chrome, Opera, Mozilla Firefox, Safari.
  2. The Application can be utilized by users of mobile devices which function under Android OS, after downloading the Application from www.rfbenchmark.pl website and properly launch it on a mobile device.
  3. In order to launch and use the Application the mobile device should have an active internet connection and GPS service assured.

§ 3.
RFBenchmark Portal

  1. The goal of RFBenchmark portal is to make available, publish and provide access to information about telecommunication network operation (in particular the operation of GSM telecommunication network and internet access by means provided by this network) on the territory of the Republic of Poland as well as outside its borders and to support social initiatives related to telecommunications network development.
  2. RFBenchmark portal occupies itself with:
    1. measurements of the level and quality of signal of cellular network dependently from: the technology in which a given mobile device works in, ID of the cell to which the telephone is currently assigned, telecommunication network operator, the country on the territory of which a given mobile device is located and exact localization on the map (by means of a GPS receiver build in the device).
    2. measurements of internet connection speed during downloading and uploading data as well as testing the delay for various technologies – beginning from GSM, 3G to LTE in the scope of cellular telecommunication network available on a given territory.
      Additionally, on the RFBenchmark portal information, reports and articles are published, which pertain to the issues related to telecommunication, GSM networks, mobile devices, as well as listings and analysis of data obtained as a result of the abovementioned measurements .
  3. Measurements mentioned in the sec. 1 above are performed in the scope of Operator’s own activity and with the use of the Application.
  4. The Operator declares that the measurements mentioned in the sec. 2 above are performed and published with the use of technical measures available to the Operator and with the intention to publish true, sound and as accurate data as possible. The Operator however does not guarantee and does not assure that the published measurements will be true, sound and accurate (in particular, from the perspective of the needs of a user of RFBenchmark portal) and does not oblige itself explicitly or implicitly that those measurements can be used in the aim intended by the user.
  5. The Operator declares that information, reports and articles published on RFBBenchmark portal, which pertain to the issues related to telecommunication, GSM networks, mobile devices, are published with the intention to publish true, sound and as accurate materials as possible. The Operator however does not guarantee and does not assure that the published materials will be true, sound and accurate (in particular, from the perspective of the needs of a user of RFBenchmark portal) and does not oblige itself explicitly or implicitly that those materials can be used in the aim intended by the user.
  6. The Operator makes effort to maintain the proper functioning of RFBenchmark portal however does not assure or guarantee a brakedown-free, constant and reliable functioning of the RFBenchmark portal.
  7. The Operator enables to place comments under some of the presented contents. The comments module is supported by Disqus – an external application, which enables to place comments after logging through Facebook, Google, Twitter i Disqus accounts – or as a guest – by providing one’s name (or a nick) and an e-mail address. Thus the Disqus application may receive access to the data provided by the user. Such data shall be also available to the Operator – for maintenance and moderating purposes. It should be noted that the reference to the user’s profile on Facebook, Google, Twitter lub Disqus shall also be publicly visible. Before commencing to add comments the user should get acquainted with the conditions of Disqus portal and application (https://help.disqus.com/customer/portal/articles/466260-terms-of-service).
  8. All comments are automatically placed on the RFBenchmark portal, however the Operator reserves the right to remove comments which are not compliant to the regulation or the provisions of the law or to ban a user in case of a repeating violations of the regulation or the provisions of the law.
  9. User of RFBenchmark portal publishes his comments on his own behalf and upon his own liability.
  10. It is not allowed to publish comments or contents which:
    1. violate the provisions of the law;
    2. call upon discrimination or hatred – in particular in relation to racial, religious, ethnical and sexual orientation reasons;
    3. propagate violence;
    4. include vulgar or offensive contents;
    5. include contents not related to portal’s scope of occupation – including advertisements;
    6. can violate other persons’ personal rights;
    7. have the nature of spam (in particular – a large number of comments of similar or identical contents);
    8. are dangerous to the proper functioning of devices or information systems, in particular which contain links threatening to the proper functioning of devices or information systems;
  11. The Operator informs of removing a comment from the RFBenchmark portal and of the ground of such removal by introducing an own comment in the place of the removed one.
  12. The Operator does not make the data of the users available to any other entitles, unless upon the users explicit consent or upon demand of entitled authorities – for the needs of proceedings conducted by them.

§ 4.
The Account

  1. RFBenchmark portal enables to open a user’s account (“the Account”). In order to open the Account it is required to provide login (which can be any name indicated by the user, not ascribed to other users) and password to the Account. The Account can be opened by indicating a nick and an e-mail address.
  2. The account enables to aggregate measurements gathered by the use Application by the user being possessor of a given Account. The aggregated measurements are visible to the Operator.
  3. Opening an Account is not necessary to use the Application; thus it is possible to use it fully anonymously. In case however a user of the Application does not create an Account, the measurements performed by the Application are not ascribed to such Account but only transmitted to the Operator and enter the general pool of aggregated data, not ascribed to an Account of the given user.
  4. RFBenchmark portal enables to integrate the Account with user’s account on Facebook and Twitter social portals, thus allowing simultaneous logging on Facebook or Twitter portals and on RFBenchmark portal. Such integration is not required to use the Application and to benefit from other services rendered in relation to its utilization.
  5. The user of the RFBenchmark portal can at any time integrate his/her Account with his/her Facebook or Twitter social portal account as well as remove such integration at any time. In the scope of integrating the Account with an account on Facebook or Twitter portals, personal data of the user remain on Facebook or Twitter portal, they are not transferred to the Operator nor they are saved in the Application.

§ 5.
The Application

  1. The Application constitutes an information program, working on mobile devices which:
    1. Enables measurement of level and quality of signal of cellular telecommunication network dependently from: the technology in which a given mobile device works in, ID of the cell to which the telephone is currently assigned, telecommunication network operator, the country on the territory of which a given mobile device is located and exact localization on the map (by means of a GPS receiver build in the device).
    2. Enables measurement of internet connection speed during downloading and uploading data as well as testing the delay for various technologies – beginning from GSM, 3G to LTE in the scope of cellular telecommunication network available on a given territory;
    3. Enables its user to notify the Operator of problems with the cellular telecommunication network – in the scope of low quality of voice connection, lack of mobile internet service or any other service. For the avoidance of any doubts it is stated that the Operator is in no way responsible for removing those problems – notifying of a problem is only of informatory character.
    4. Aggregates the measurements performed with the use of the Application on the Account of a given user – if such an Account is created.
  2. A launched Application performs the measurements mentioned in the sec. 1.1. and 1.2. above by means of information systems of the mobile device and:
    1. discloses the results of such measurements, in real time, on the mobile device, on which it is installed and
    2. transmits the results of those measurements to the Operator – in an anonymous way;
    3. aggregates the results of the performed measurements on the Account ascribed to the given user – it such an Account is created.
  3. Transmitting the data, described in sec. 2.2. above includes only the results of the performed measurements and the information on the mobile device’s geolocalization and ascribes those measurements to the Account – if it is created. The Application does not transmit to the Operator any personal data, telephone number or other contents stored on the mobile device.
  4. Unless the provisions of the agreement with internet or telecommunication services provider do state otherwise, using the Aplication shall imply the user’s obligation to suffer the costs of data transfer in accordance with such an agreement – due to the fact that the Application functions on the basis of such data transfer.

§ 6.
License to use the Application

  1. The below provisions regulate the license granted by the Operator to use the Application by users (“the License”). The Operator is the Licensor in the scope of this License.
  2. The License enters into force in the moment it is accepted by the user on the Application screen, before its first launch. The License is free of charge and it is granted for an indefinite time. It is not allowed to use the Application without prior accepting the conditions of License and the provisions of this regulation.
  3. The Operator declares that in accordance with the regulations of the Act on Copyright and related rights dated the 4th of February 1994 (J.o.L. 2010 r. 152, poz. 1016, z późn.zm.) the Application is subject to copyright belonging to the Operator and constitutes its personal right and that the Operator is entitled to grant the users the License to use the Application.
  4. In the scope of this License, the following are entitled to use the Application:
    1. Natural persons who have full legal capacity (that is natural persons who reached 18 years of age and are not incapacitated in full or in part);
    2. Natural persons who have a limited legal capacity (that is natural persons who have reached 13 years of age but have not reached 18 years of age as well as persons incapacitated in part);
    3. Natural persons who have no legal capacity (that is natural persons below 13 years of age or fully incapacitated, for whom the act of law of accepting the terms of this License has been performed by their statutory representatives – parents or legal guardians who are liable for actions of such user);
    4. other entities who possess legal capacity on the foundation of separate provisions, who accepted the conditions of this License.
  5. The Licensor entitles the person who came legally into the possession of the Application to use it in accordance with its purpose, in the way defined by:
    1. the provisions of the copyright law for computer programs, in the scope it is necessary to use the Application;
    2. the provisions of this regulation.
  6. The License includes the right to personally use the Application, by which it is understood the using the Application in accordance with this License. The License is free of charge, limited to the range of internet network, without exclusivity and without the right to transfer this License or grant sublicenses to third persons or entities and it entitles the user to a repeated use of a singe copy of the Application on one electronic device capable of cooperating with a SIM card (i.e. cellular phone, tablet, or other device which fulfills the technical requirements to run the Application).
  7. The user is not entitled, unless a specific additional written consent from the Licensor is granted, to:
    1. render the Application accessible to a third person under any legal title – for a fee or free of charge;
    2. grant a sublicense to a third person;
    3. permanently or temporarily multiply the Application in whole or in part by any means and in any form, including performing a backup copy;
    4. translate, adapt, alter the layout or introduce any changes in the Application, compile or decompile it or to produce any other programs on the foundation of the Application.
    5. remove, hide or change the information on copyright or any other rights of ownership included in the Application;
    6. use the Application or any part of it in the scope of commercial products or services or in order to deliver such products or services to third persons or cause the above to happen;
    7. use the element of the Application or RFBenchmark portal which constitute a subject of copyright and a personal right of the Licensor, which is not a computer program; this concerns in particular the logo of RFBenchmark, graphical layout of RFBenchmark portal and the graphical interface of the Application.
  8. The Licensor reserves all rights which have not been explicitly granted to the user on the foundation of this License.
  9. The Application can automatically download and install updates which aim at its upgrading and development. The License includes each update of the Application, in the scope made available to the user by the Licensor or an entity acting upon the Licensor’s behalf; the License also includes the user’s irrevocable consent to such actualizations.
  10. All rights to products which are not computer programs or trademarks and which constitute a part of the Application (with the exclusion products or contents which are an intellectual property of third persons) belong to the Licensor. The intellectual property rights and personal rights of the Licensor in particular include: RFBenchmark logo, graphical layout of RFBenchmark portal and the graphical layout of the Application’s interface.
  11. In case of using the Application initially installed in products, devices, programs or equipment of other entitles (“Third persons’ technologies”), build in them, joined to them, disseminated with them, used with them or downloaded by them, the user acknowledges and approves that:
    1. it may be necessary to conclude a separate license agreement to use Third persons’ technologies with a respective third person who is an owner or a licensor of a given technology;
    2. some products or functionalities may be unavailable through Third persons’ technologies.
    3. Licensor cannot guarantee that the Application shall always be available in the Third persons’ technologies or in connection to them.
  12. The Licensor reserves the right to dissolve this license agreement with an immediate effect in case of losing the right to granting the License to users or in case of violating the terms of this License by a user.

§ 7
Limitation of liability

  1. To the furthest extent allowed by the applicable law the Application is delivered to the user “as is”, along with all defects, without a warranty of any kind, warranties concerning the functioning of the Application or any others and the user uses the Application at his/her own risk.
  2. The Operator does not grant any warranty or guarantee, including implicit guaranties of condition, uninterrupted use, satisfying quality, usefulness for any purpose or any other guaranties which might result from the mode of conducting the activity, utilization or trade practices.
  3. The Operator does not ensure or guarantee a fulfillment of users expectations, uninterrupted and defect-free operating of the Application or its compliance with a given device or third parties’ software nor does it ensure a removal of any software defects.
  4. To the furthest extent allowed by the applicable law the Operator shall in no case be liable towards the user for material and non-material damages, lost profit, costs of surrogate goods or services, loss of data, loss of goodwill, interruptions in activity, computer malfunctions or for any form of direct and indirect, special, incidental or derivate damages or penal compensations which may arise in relation to the License or the Application regardless of the reason and the way they arose. The Licensor is not liable for any damage suffered by the user as a result of downloading, installation or using the Application – in particular for the profits lost due to its improper utilization or functioning as well as for the loss of data caused by its improper utilization of functioning.

§ 8
Ceasing to use the Application

  1. The users may at any time cease to use the Application, in particular when they do not accept the changes in this regulation or any modifications in the Application. Ceasing to use the Application requires removing it from the mobile device.
  2. In case it is stated that the user allows himself/herself to undertake actions forbidden by the law or this regulation or violating the rules of social cohabitation or actions which violate the Operator’s just interest (in particular – its goodwill), the Operator may undertake all legally admissible actions, including limiting the user’s capability to use the Application and the services rendered through it as well as removing such user’s Account from RFBenchmark portal.
  3. The Operator reserves the right to suspend, at any time and due any reasons, the functioning of the Application as well as the right to amend, withdraw od add new services rendered through it.

§ 9
Personal data protection

  1. The operator states that it does not aim at processing (in particular, gathering) personal data of users of RFBenchmark portal or of the Application. However in the scope of Application’s functioning the data regarding the mobile device’s localization, on which the user launched the Application, is gathered (including the history of such localization). Making this data available is voluntary however necessary to run the Application.
  2. The Operator may come into possession of such data as e-mail addresses, names and surnames of persons who contact the Operator, publish comments or create the Account.
  3. Personal data of users of the Application are not subject to processing aiming at creating a profile of a user.
  4. Users of the Application and RFBenchmark portal have the right to access to the data processed by the Operator – with regard to the data that pertain to such users. Users of the Application and of RFBenchmark portal have the right to correct, complement, remove and demand to cease the processing of those data. However to remove (cease to process) the personal data of the user of the Application including the localization of the mobile device, on which the user launched the Application it is necessary to remove the Application from such device.
  5. Operator is the administrator of personal data in the understanding of the Act on Personal Data Protection (J.o.L. 2002, no 101, pos. 926) dated the 29th of August 1997. Personal data of the users are processed in accordance with the applicable provisions of the law in order to enable proper functioning of the Application and the RFBenchmark portal. Personal data of the users is stored in a database in which appropriate technical and organizational means have been applied which assure protection of the processed data in compliance with the requirements defined in the regulations on personal data protection, including the Ordinance of Minister of Internal Affairs and Administration dated the 29th of August 2004 in the matter of documentation of personal data processing and technical and organizational conditions which should be fulfilled by devices and information systems which serve to process personal data (J.o.L. 2004 ,No 100, pos. 1024) and the guidelines of General Inspector of Personal Data Protection. Only persons granted clearance by the Operator have the access to the database.
  6. Gathered data can be made accessible only to entitles entitled to receive such data on the foundation of the applicable provision of the law – including relevant bodies of administration of justice.

§ 11.
Complaints

 

  1. All complaints related to functioning of the Application and RFBenchmark portal as well as questions regarding the functioning of the Application should be directed to the Operator, onto its e-mail address: office@rfbenchmark.pl
  2. A complaint should include: a name and indication of the model of the mobile device, description of the current version of the teleinformation system installed on the device and a precise reason and description of the complaint. Moreover, the complaint should include a name and the surname of the user.
  3. Within 14 business days from receiving the complaint, the Operator examines and decides upon the complaint and informs the user of the outcome of such examination by means of electronic mail. In case the data submitted in the complaint require completion, the Operator turns to the user for such completion before deciding upon the complaint. The time of providing additional information prolongs the time of examining and deciding upon the complaint.

§ 12.
Final provisions

 

  1. For the legal relations which arise on the foundation of this regulation polish law shall be applicable.
  2. The Operator is entitled to change the regulation as well as launch a new version of RFBenchmark portal or the Application, resulting from such change. The change becomes effective in the term indicated by the Operator through the RFBenchmark portal; such term cannot be shorter than 7 days from making the amended regulation accessible.
  3. During the first launch of the Application or entering the RFBenchmark portal after announcing such changes, the user shall be notified of the changes and of the right to accept them. Further using RFBenchmark portal or the Application, after the implementation of the changes shall be treated as approving the new version of the regulation. A refusal to accept the changes is equivalent to ceasing the use of services rendered by RFBenchmark portal or the use of the Application.
  4. The Operator informs that using the services performed via electronic means implies threats characteristic to such type of services – in particular with the threat to received unordered commercial information, presence of malicious software (e.g. computer viruses, malware capable of self-replication) or spyware (software spying on the user’s actions in internet) as well as to the threat of cracking or phishing (password acquisition) as well as to the threat of illegal data processing.
  5. The Operator uses “cookies” files in order to initiate and maintain the user’s session. Rules concerning “cookies” files are indicated in the Attachment – “cookies” files policy.