§1. Basic information
These rules determine terms and conditions of electronically supplied services in the event of using the Funtiago system (hereinafter „System” or „Funtiago”) provided by Orgamer LLC with its headquarters in Warsaw (02-691), Kolady Street 3, registered in the National Court Register by the District Court for the capital city of Warsaw XIII Commercial Division of the National Court Register number 0000445666, Tax-registration number: 5213642110 through the on-line service available at the domain address funtiago.com.
Funtiago System (Funtiago) – an IT system which enables the implementation of gamification solutions in every website and in every on-line application. The Funtiago system works on-line in the "cloud" technology and, due to the high-quality of solutions, it provides accomplishing the entrusted tasks in the real time.
Client – the natural legal person or organization, who acquired license rights to use Funtiago.
Client Admin – the name of the system actor which has the administrative access to Funtiago on behalf of the Client; the Client Admin creates and modifies every Program which belongs to the Client, takes care of every Participant of these Programs and manages every Program Manager.
Program Manager – the name of the Funtiago system actor acting on behalf of the Client; this type of the access is created by the Client Admin or Funtiago administrator; the Program Manager takes care of the selected Programs and Participants, it does not have the complete administrative permissions.
Participant – the natural legal person who participates in the Program created and made available by the Client or acts on his/her order within the chosen website or application (for ex. mobile application).
Participant’s Account (Account) – a unique Account managed for the Participant by Orgamer which includes basic information describing the person of the Participant and his/her activities within Funtiago. Through the Account the Participant has the possibility to use every Funtiago functionality provided for him/her.
Program – the object in the Funtiago system which refers to single implementation of gamification solutions; every Program has its own Participants and gamification rules’ lists; in Funtiago every Client has the possibility to create infinitely many Programs, and every Participant can participate in every Program available for him/her.
Module – the application which works within the Program and is responsible for realization of the chosen gamification processes.
Point – the virtual measurement unit granted to the Participant for accomplishing a concrete action; the Funtiago system has Basic Points (inalienable and gathered cumulatively on the Participant’s Account) and Secondary Points (subsidiary points of minor rank; it is possible to lose them and/or to exchange them).
Badge – the virtual prize awarded to the Participant for particular (desired) achievement (previously defined activity sequence).
Level (Level) – the cluster of Participants with similar number of Basic Points.
Gameplay – a complex screenplay of the system which defines the rules of giving Points and Badges and the advancement of the Participants to get to the higher Levels.
Regulation – this Regulation of electronically supplied services, referred in paragraph 8 of the Act of Rendering Electronic Services of 18 July 2002.
Registration – one-time, optional and free action where the Participant creates an individual Account. The process of Registration is completed through the website or through the application chosen by the Client, it concerns only the Participants, and one element of the Registration is accepting this Regulation. The Client’s access to Funtiago (Client Admin and Program Manager) is created by Orgamer at the request of the Client, and its generating and operation rules are regulated by separate agreements concluded between the Client and Orgamer company.
Login or log in – a process where the Participant who has the Account, by entering an e-mail address and a password registered during the process of Registration, get the access to Funtiago functionalities available for him or her.
Provider – Orgamer LLC with its headquarters in Warsaw (02-691), Kolady Street 3, registered in the National Court Register by the District Court for the capital city of Warsaw XIII Commercial Division of the National Court Register number 0000445666, Tax-registration number: 5213642110.
Service (Services) – a service provided electronically by the Provider on terms specified in the Regulation.
Side – The Provider or the Participant.
§3. General terms of using the Funtiago system
1. This Regulation defines only the rules of using the Funtiago system by the Participant. The specified regulations connected with the range and the way of using Funtiago by the Client is the subject matter of separate agreements concluded between the Client and Orgamer company.
2. The condition of using the Funtiago system by the Participant is accepting the terms of the Regulation.
3. The Provider provides through Funtiago the following services:
3.1. Using the Participant’s Account;
3.2. Participation in Programs created by Clients or to their order which include getting virtual awards for the actions on chosen websites and in recommended applications on rules provided in the Gameplay of every Program.
4. The access to services mentioned in paragraph 3 above requires Registration.
5. The agreement on electronically supplied services (about using the whole infrastructure of the application) is being concluded with the moment of Registration.
7. To use Funtiago via mobile devices it is necessary to install the application in the mobile device that the Participant owns.
8. To maintain safety while using Funtiago it is recommended that the device which the Participant uses should particularly have:
8.1. antivirus system with the newest version of viruses definitions and updates,
8.2. effective firewall,
8.3. every available operating system and web browser update which concerns safety installed,
8.5. a software which enables reading PDF files.
§4. Participant’s responsibilities
The Participant is particularly obligated to:
1.1. use Funtiago in a way that is consistent with the articles of generally applicable law as well as resolutions of the Regulation,
1.2. non-providing and non-passing on the forbidden content by generally applicable law,
1.3. non-providing and non-passing on the content (including pictures, texts and multimedia files), to which the Participant does not have the copyrights (or other particular permissions), as well as those which can violate the rights of the third parties (including, among other things, the right to use the image or a trademark protected by copyrights),
1.4. pay special attention to the fact that the picture chosen as the profile picture of the Account is becoming publicized among other Participants and among the Clients of Funtiago; what should be remembered is that editing the profile picture is optional and the picture itself does not have to show the Participant’s image.
§5. Personal Data
1. The personal data of the Clients and Participants are being processed by the Provider including the provisions of the law in this area, particularly the Act on Protection of Personal Data of 29 August 1997 (Journal of Laws of 2002 No. 101, item 926 with changes) in fulfillment of the agreement on electronically supplied services, unless the persons agreed on the other purpose of processing the personal data.
2. In accordance with article 24, section 1 of the Personal Data Protection Act dated 29 August 1997, we inform that the Administrator of the personal data of new Participants and Clients is the Provider.
3. The confidentiality of data and the protection of privacy of the Participants and Clients is the priority for the Provider.
4. The Administrator will ask the Participant to give the following personal data which the Participant should give in order to Register:
4.1. e-mail address,
4.2. chosen nickname of the Participant (nick).
5. The rest of personal data such as name, surname, address and phone number are not obligatory and are not the condition of Registering in the Funtiago system.
6. The information safety process has been based on the Polish law directives which regulate the processing of personal data.
7. The Administrator is obliged by law to protect the processing of personal data from sharing them with unauthorized persons and from taking them away by an unauthorized person, to process the data according to the requirements of the act and to protect the data from changes, loss, damage or destruction.
8. Every Provider’s worker has been authorized by the Administrator of the Personal Data and obliged to follow the guidelines of the Security Policy and the Facilities Management Instruction. Every worker has also been properly trained from the rules of processing the data in a safe way. The access to the personal data is profiled according to „need to know” rule, which means that only those people who work on the positions where the access to the data has been defined as justified and results strictly from the worker’s range of responsibilities are allowed to process the data.
9. The personal data given by the Participants are being processed to implement the agreement on electronically supplied services within using the System, as well as the contact, giving additional information about offered products, the marketing of personal products, financed and archival and statistic.
10. In every case giving the personal data in contact forms and their processing happen only by courtesy of the Participant.
11. In accordance with the article 32 of the Personal Data Protection Act dated 29 August 1997, (Journal of Laws of 2002 No. 101, item 926 with changes) every Participant has the right to:
11.1. be informed about the aim, the range and the way of processing the personal data,
11.2. have the access to the personal data,
11.3. change these data,
11.4. demand to stop processing the data in marketing objectives,
11.5. receive information about sharing the personal data with subjects defined by law.
Realizing the permissions mentioned above is possible through the e-mail address or the mailing address of the Provider.
§6. Using “cookies”
1. Funtiago can use „cookies” mechanism, which serves to identify the Participant’s session while using the System. „Cookies” do not include any data and they guarantee that the application will work properly.
2. „Cookies” are text files saved by the web browser on the Participant’s device in order to store the information which identifies the Participant or to remember the history of his/her actions.
3. Cookies” are being used in order to:
3.1. Identify the Participant and properly ascribe him/her the historical data gathered during previous visits,
3.2. continuing the Participant’s session (after logging in), thanks to which the Participant does not have to enter the password on every subpage of the application,
3.3. optimize the use of the application,
3.4. adjust the application to the Participants’ needs,
3.5. create the viewership statistics.
4. In order to block sending this type of files one has to properly set the web browser remembering that some Funtiago functions might not work.
§7. Other rights and obligations
1. Every Side can terminate the agreement on electronically supplied services at any moment and without giving any reasons, with subject to laws that the other Side has concerning the termination of the aforementioned contract and the provisions below.
2. The Participant who Registered can terminate the agreement on electronically supplied services by deleting the Participant’s Account (the functionality available after logging-in).
3. If the Provider wants to terminate the agreement on electronically supplied services, he/she will send the notice of cancellation with the fourteen days of notice period to the e-mail address given by the Participant during the Registration process.
4. The Provider has the right to depart from supplying the Services with immediate effect in the event of violating the provisions of this Regulation by the Participant and in the event of unsuccessful calling on the Participant to stop the aforementioned violations in one weekday term.
5. The complaints on electronically supplied services within Funtiago can be sent to Świeradowska Street 44A, 02-662 Warsaw or to e-mail address firstname.lastname@example.org.
6. The complaints will be considered in fourteen weekdays term.
§8. Dispute settlement
The dispute of possible settlements between the Provider and the Participant will be subjected to a court nearest to the Provider’s headquarter.
§9. Final provisions
1. In matters unsettled by this Regulation, generally applicable provisions of law should be applied.
2. The exclusive rights to the available content within Funtiago, particularly the copyrights to the pictures, the trademarks of the Provider and Goods’ producers, the graphic elements included, the software and the rights of database are protected by the legal rights and the Provider or the subjects, with whom the Provider concluded proper agreements, are entitled to it. Copying or other forms of using any elements of Funtiago are not allowed without the permission of the Provider.
3. In accordance with article 25, paragraph 1, point 1, letter b of the Act on Copyright and Related Rights of 4 February 1994 (consolidated text: Journal of Laws of 2006 No. 90 item 631), further dissemination of the articles and other content published by Funtiago is forbidden.
4. The change of the Regulation can proceed on the principles defined in article 3841 of the civil code.