TERMS OF USE OF 4F CHANGE

DEFINITIONS

1. Administrator - OTCF S.A. with its registered office in Kraków (ul. Saska 25C, 30-720 Kraków), registered by the District Court for Kraków-Śródmieście in Kraków, 12th Business Division of the National Court Register under KRS [National Court Register] No.: 0000555276, NIP [VAT No.]: PL9451978451, REGON [National Official Business Register No.]: 356630870, share capital of PLN 7.384.500 (paid in full), BDO [waste database] No.: 000005025, e-mail address: info@4fchange.com.

2. Website – 4F CHANGE, a website available at https://4fchange.com/ run by the Administrator, acting as an information platform on the environmental strategy of OTCF S.A. based in Wieliczka, through which the Administrator gives access to the Website functionalities and provides the Users with services, and the Users learn about the Administrator's services. The Administrator uses the Website to give access to appropriate system, ICT, and technological tools needed to provide the services.

3. Pages of the Website - web pages available at https://4fchange.com/.

4. Terms of Use - these Terms of Use governing the use of the Website, in particular entering into and performance of agreements for the provision of services by electronic means through the Website and the complaint handling procedure.

5. User - a natural person, a legal person or an organisational unit without legal personality making use of the functionalities of the Website.

6. Consumer - User acting as a natural person and making, with the Administrator, a legal transaction that is not directly connected with its business or professional activity.

7. Services – services available on the Website provided electronically that may be the subject of an agreement between the User and the Administrator.

8. 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.

9. Newsletter - a service provided by the Administrator through which the Administrator sends commercial information, in particular on the range of products and services, by e-mail to the e-mail address provided by the User.

I. Preliminary provisions

1. The Administrator shall apply technical and organisational measures appropriate to the degree of risk, including measures aimed at preventing unauthorised persons from acquiring and modifying the personal data transmitted via the Internet to ensure security of messages and data transmitted on the Website. The Administrator shall ensure the security of data transmission on the Website by using the SSL (Secure Socket Layer) protocol.

2. The Administrator shall make the functionalities of the Website available using the Internet.

3. The User shall use the Website in a manner that does not disturb its functioning, complying with the law, the provisions of the Terms of Use, and good practices, and respecting the rights and personal goods of other entities. The User is not allowed to provide unlawful content.

II. Means of communication

1. Enquiries addressed to the Administrator can be submitted directly through the pages of the Website. To submit the enquiry, the User shall use the contact form available on the page of the Website (by entering the required data in the fields of the enquiry form, to enable the Administrator to respond to the enquiry, and ticking the required fields), or send the enquiry to the following e-mail address: info@4fchange.com.

2. To respond to the enquiry, the Administrator may contact the User by e-mail or by phone (if a contact phone number has been provided).

III. “Order a courier” form

1. The User who intends to make a donation via courier service through the “Ubrania do oddania” [Clothes to donate] Fundraising Platform (www.ubraniadooddania.pl) may use an electronic form “Order a courier” provided by the Administrator on the pages of the Website. The form enables the User to provide New Solutions Group Sp. z o.o., based in Warszawa, ul. Prosta 70, with the required User's data (name, surname, e-mail address, address, phone number). The form also enables the User to make statements of intent directly to New Solutions Group Sp. z o.o., with respect to, inter alia, creating an account on www.ubraniadooddania.pl, and accept the terms of use of the portal or other documents specified by New Solutions Group Sp. z o.o. in the form.

2. The Administrator shall not be liable for the actions of New Solutions Group Sp. z o.o., in particular for further contact with the User, processing of its personal data provided in the form, and the functioning of the www.ubraniadooddania.pl. The Administrator shall only make the electronic form available on the Website (as a functionality of the Website) and shall not collect and store personal data entered by the User in the form. Personal data entered by the User in the form shall be obtained directly by New Solutions Group Sp. z o.o. as a separate data controller within the meaning of GDPR.

IV. Newsletter

1. As part of a newsletter service (hereinafter referred to as the „Newsletter”), the Administrator shall send an e-mail to the email address provided by the User. Newsletter shall be provided free of charge for an indefinite period.

2. Newsletter shall contain information on the 4F Change strategy and Wear_Fair programme, the 4F brand's range of products and services, new sustainably produced collections, current special offers, the opening of new Wear_Fair zones in shops, and other news about the 4F brand and its environmental strategy and products, including reviews, press materials, and links to 4F befriended sites.

3. Each Newsletter shall contain:

  • information about the Administrator as the sender of the Newsletter,
  • information in the „Subject” field specifying the subject of the Newsletter,
  • information on how to withdraw from the Newsletter or change the User's e-mail address used to send the Newsletter.

4. To use the Newsletter, the User shall have a computer or other multimedia device with access to the Internet and an active e-mail account.

5. To subscribe to the Newsletter, the User shall perform the following registration steps in the “Join the change, subscribe to the newsletter, and be up to date with our actions” field on https://4fchange.com:

  • provide the User's e-mail address in the form placed on the page,
  • agree to receive Newsletter messages and tick the check-box to confirm that the User has read and accepts the Terms of Use,
  • press (click on) the “Join” button,
  • click on the link confirming registration included in the e-mail with the following subject line: “Confirmation of the subscription to the newsletter.”

6. Pressing (clicking on) the registration confirmation link shall mean that the User's e-mail address is subscribed to the e-mailing list. Newsletters shall be sent to the User's e-mail address.

7. To receive Newsletters, the User is required to provide its e-mail address in the registration form.

8. The User may, at any time, without giving reasons and without bearing any costs, change the previously indicated e-mail address used to send the Newsletter. To change the e-mail address, the User shall withdraw from the Newsletter by pressing (clicking on) the “Unsubscribe Newsletter” link located in the footer of each Newsletter, re-order the Newsletter by performing registration steps in the way indicated in item 6 above, and indicate a new e-mail address in the “NEWSLETTER” field in the form placed on https://4fchange.com.

9. The User may, at any time, without giving reasons and without bearing any costs, withdraw from the Newsletter. To withdraw from the Newsletter, the User shall:

  • click on the “Unsubscribe Newsletter” link located in the footer of each Newsletter;
  • uncheck the following consent box in the User Panel: “I agree to receive commercial correspondence (NEWSLETTER) to the provided e-mail address according to the terms of use of the online shop. I have the right to withdraw my consent to data processing at any time, which will not affect the lawfulness of the processing performed before the withdrawal of consent.” and press (clicking on) the “Save changes” button;
  • send the statement of intent regarding the withdrawal from the Newsletter to OTCF via e-mail to the following e-mail address: info@4fchange.com.

10. When using the Newsletter, the User shall not be allowed to provide or transmit illegal content.

V. Other forms and aggregate provisions regarding forms

1. The Administrator can make other forms available to the User via the pages of the Website to enable the User to recommend the Website or services offered in the Website to other Internet users and take part in competitions and special offers provided by the Administrator.

2. By using the form, the User enters into the agreement for the provision of services by electronic means. To terminate the agreement for the provision of services by electronic means, the User shall use the relevant form. The Administrator may introduce, communicate, and submit for acceptance additional rules of using the forms before the forms are actually used.

VI. Complaint handling procedure

1. Each User shall have the right to lodge a complaint in matters related to the functioning of the Website or the Services performed by the Administrator.

2. Complaints can be submitted in particular by sending an e-mail to info@4fchange.com, which is the form recommended by the Administrator. The User is not obliged to use or follow this form for the validity of the complaint.

3. The Administrator shall process and respond to each complaint (communicate the manner of processing) immediately, no later than within 14 days from the date of the complaint. The way the User is to be informed of the manner of processing shall be indicated in the complaint report.

4. In the event of any deficiencies in the complaint, the Administrator shall request the User to complete it based on the User's address details indicated in the complaint.

VII. Technical requirements necessary for operation with the ICT system used by the Administrator

1. To use the Website, and in particular to learn about the functionalities and services available on the Website, the User shall have a terminal device with access to the Internet and an installed web browser: Internet Explorer, Mozilla Firefox, Opera, Google Chrome, or Apple Safari.

2. To use the Services, the User shall have an active e-mail account.

VIII. Personal data protection

1. OTCF S.A is the Controller (Administrator) of personal data of Users using the Website functionalities (within the meaning of Article 4(7) of GDPR), except for the “Order a courier” form functionality (Section III of the Terms of Use).

2. The Administrator has appointed a Data Protection Supervisor (DPS) who can be contacted in matters concerning the protection of personal data and the exercise of rights related thereto. To that end, the User may contact the Data Protection Supervisor by means of electronic mail at iod@otcf.pl or by means of traditional mail at OTCF S.A., ul. Grottgera 30, 32-020 Wieliczka (annotated with “Data Protection Supervisor (DPS)”).

3. User's personal data, depending on the use of the Website, including the services offered through the Website, may be processed for the following purposes and on the following legal bases:

  • to enable the use of the functionalities of the forms referred to in Section V of the Terms of Use under the agreement for the provision of services by electronic means entered into with the User (legal basis for data processing: Article 6(1)(b) of GDPR) in accordance with these Terms of Use and based on specific rules for using particular forms, if applicable in accordance with the decision of the Administrator (such specific rules may determine additional purposes and legal grounds for the processing of personal data);
  • to process complaints related to the agreement for the provision of services by electronic means, if the User has entered into the agreement with the Administrator in accordance with the rules set out in these Terms of Use (Article 6(1)(b) of GDPR);
  • to accept and process notifications and enquiries other than complaints and matters related to the agreements, as directed to the Administrator (e.g. through contact details indicated on the pages of the Website or a contact form), which constitutes the Administrator's legitimate interest (legal basis for data processing: Article 6(1)(f) of GDPR);
  • to process complaints and assert claims, defend against claims, and implement out-of-court solutions for handling complaints and asserting claims, which constitutes the Administrator's legitimate interest (legal basis for data processing: Article 6(1)(f) of GDPR);
  • to monitor the Users' use of services provided on the Website for compliance with the provisions of the Terms of Use, and to develop the Website functionality, and improve the functioning of the services provided through the Website, which constitutes the Administrator's legitimate interest (legal basis of data processing: Article 6(1)(f) of GDPR);
  • for direct marketing purposes, including making marketing analyses and adapting content to the nature or preferences of Users (e.g. as part of the Newsletter), which constitutes the Administrator's legitimate interest (legal basis for data processing: Article 6(1)(f) of GDPR);
  • to carry out statistical analyses, which constitutes the Administrator's legitimate interest (legal basis for data processing: Article 6(1)(f) of GDPR);
  • to store data for archiving purposes and to demonstrate the correct fulfilment of legal obligations imposed on the Administrator, which constitutes its legitimate interest (legal basis for data processing: Article 6(1)(f) of GDPR);
  • sending commercial information by electronic means, in the form of the Newsletter, if the User has expressed a separate consent to receiving commercial information by electronic means,
  • conducting User satisfaction surveys – if the User has expressed a separate consent to participate in such a survey (legal grounds for data processing: Article 6(1)(a) of the GDPR);
  • to record data in the form of cookies and collect data from the pages of the Website, based on the Cookie Policy applicable on the pages of the Website and in accordance with User preferences.

4. Users' personal data may be disclosed to the following categories of recipients:

  • subcontractors providing technical support to the Administrator in running, maintaining, and developing the Website, including hosting service providers, software suppliers for managing the Website, the Website's software technical maintenance service providers, suppliers providing software for sending commercial correspondence by electronic means, and suppliers providing software for communication with Users, including communication executed by means of dedicated algorithms, who have entered into legally required personal data processing entrustment agreements with the Administrator;
  • /entities that support the Administrator in its marketing activities, such as marketing agencies and entities running online portals, including social media portals;
  • entities that support the Administrator in the execution of User satisfaction survey programmes, in particular through surveys conducted electronically or by phone; entities that support the Administrator in the execution of applicable laws as well as rights and obligations resulting from these Terms of Use in connection with the provision of services through the Website, including law firms and debt collection companies.

5. In the case of using the “Order a courier” form, the User will make its personal data available directly to New Solutions Group Sp. z o.o. (as a separate administrator), as specified in the regulations and based on other provisions made available by New Solutions Group Sp. z o.o. and accepted by the User when filling in the form. The Website Administrator does not collect and store the User's personal data.

6. Users' personal data may be transferred by the Administrator outside the European Economic Area (EEA) as part of the Administrator's use of subcontractors (following the categories of recipients referred to in item 4 above). In such a case, the Administrator shall ensure the legally required personal data protection measures, i.e. as the case may be: (i) transfer of data to a subcontractor located in a third country for which an adequacy decision has been issued as required by Article 45 of GDPR, (ii) transfer of data carried out on the basis of a data transfer agreement entered into with the subcontractor based on the Standard Contractual Clauses adopted by decision of the European Commission, (iii) transfer of data carried out under the binding corporate rules applied by the subcontractor as referred to in Article 47 of GDPR. For more information on the Administrator's security measures relating to the transfer of data outside the EEA, please contact the Data Protection Supervisor appointed by the Administrator.

7. The personal data shall be stored by the Administrator for the duration of the provision of the services of the Website (to Users), for the duration of the agreements for the provision of services by electronic means, and

  • until the potential claims under the agreements specified hereinabove are barred,
  • for the time necessary to assert or defend specific claims made by the Administrator (if brought by the User in connection with the agreements referred to above),
  • for the duration of the obligations arising from the law, including in particular tax and accounting regulations, e.g. record retention obligations as referred to in Article 74 of the Accounting Act of 29 September 1994,
  • for the period necessary for the Administrator to demonstrate the proper fulfilment of legal obligations before public administration bodies, including the personal data protection supervisory authority,
  • for archiving purposes when it concerns the history of the correspondence and replies to the questions asked (not directly related to the concluded agreements) – for a period which shall be no longer than 3 years from obtaining the data
  • for direct marketing purposes, for the duration of the agreement for the provision of electronic services (Users) or until the processing of data for this purpose is objected,
  • until the data processing consent is withdrawn or the data become obsolete (as determined by the Administrator), if the data processing is based on the consent given by a specific individual.

8. The Administrator shall ensure that each User can exercise all their rights under GDPR, i.e. the right to request access to their personal data, the right to rectify or erase data, or request restriction of data processing, the right to data portability, and the right to object to data processing, on the terms and in the cases provided for in GDPR.

9. If the personal data are processed by the Administrator to pursue legitimate interests (as referred to above), each User shall have the right to object to the data processing on grounds related to its specific situation.

10. Data processed to pursue a legitimate interest, i.e. the Administrator's direct marketing, shall be processed only until an objection is raised against this form of processing. The User shall have the right to object to the processing of the personal data thereof for direct marketing purposes, including profiling, at any time. The objection can be made using the following e-mail address: iod@otcf.pl.

11. If the personal data are processed by the Administrator with the consent of the User, each individual shall have the right to withdraw, at any time, their consent to the processing of their data, which shall not affect the lawfulness of data processing that took place before the withdrawal of consent. The consent to the processing of personal data may be revoked by way of a statement submitted to the following e-mail address: iod@otcf.pl or in the manner specified in the terms of use of the service that is provided on the basis of the consent given.

12. Provision of personal data with respect to:

  • Users making complaints in connection with the agreement for the provision of services by electronic means entered into with the Administrator under these Terms of Use – to make a complaint and enable its processing by the Administrator, it is necessary to provide the e-mail address that the User provided in the relevant form or while registering for the Newsletter (if the complaint concerns the Newsletter). Failure to provide such data may prevent the Administrator from processing the complaint,
  • in other cases, provision of data shall be voluntary.

13. The Administrator shall not conduct User data processing operations in an automated manner resulting in decisions having legal effects thereon or similarly and significantly affecting the situation thereof. Possible automated data processing, including profiling, shall be used solely to analyse and forecast individual preferences of Users using the Website.

14. Any individual whose personal data is processed by the Administrator shall have the right to lodge a complaint against the processing of their personal data to the supervisory authority, i.e. the Data Protection Supervisor and, from the moment the new Personal Data Protection Act enters into force, its legal successor, i.e. the President of the Personal Data Protection Office whose seat is located at ul. Stawki 2, 00-193 Warszawa.

IX. Out-of-court procedures for handling complaints and pursuing claims

1. The Consumer may use the out-of-court procedures for handling complaints and pursuing claims. The rules of access to these procedures are available in the seats or on the websites of entities entitled to out-of-court dispute resolution, including in particular consumer advocate or Provincial Inspectorates of Trade Inspection listed on the website of the Office of Competition and Consumer Protection at http://www.uokik.gov.pl/.

2. An online platform for dispute resolution between consumers and traders at Union level (ODR platform) is available at http://ec.europa.eu/consumers/odr. The ODR platform is an interactive and multilingual website with a one-stop-shop for consumers and traders seeking to resolve out-of-court a dispute concerning contractual obligations arising from an online sales or service contract.

X. Final provisions

1. The Terms of Use are available free of charge at https://4fchange.com/ and can be obtained, reproduced, and recorded by means of the User's ICT system.

In the event that an agreement for the provision of services by electronic means through the Website is entered into with the Administrator, the Terms of Use are also sent – in a form making it possible to obtain, reproduce, and record them by the User – to the e-mail address given by the User.

2. The provisions of the Terms of Use are not intended to limit or exclude any of the Users' rights under the law. The Administrator shall respect all rights of the Users provided for in the applicable law, and in particular the provisions of the Civil Code of 23 April 1964 and the Consumer Rights Act of 30 April 2014.

3. The Administrator reserves the right to make changes to the Terms of Use for important reasons, including:

  • changes in the law;
  • changes due to organisational reasons, including:
    • changes in the scope of the Administrator's activity, i.e. changes in its profile, changes in the scope of services or facilities (including those related to entering into and termination of contracts),
    • changes in address details, name, or legal form of the Administrator,
    • other technical changes related to the functioning of the Website.

4. Each User shall be informed of changes to the Terms of Use by publication on the pages of the Website.

5. The User who uses the Newsletter shall be informed about the change of the Terms of Use by way of a notification sent to its e-mail address.

6. Changes to the Terms of Use shall come into force and apply to the User 7 calendar days after the User has been informed about the changes in an appropriate manner.

7. The Terms of Use shall be effective from 16 January 2023. This version of the Terms of Use was published on 16 January 2023.

Order a courier

Pack your clothes in a box and order a free courier to collect them from you.

Order
or

Bring them to one of our stores

Bring your clothes to one of the 4F shops (the collection points are in all of them), and drop them off into the special container with the 4F Change logo.

Donate