REGULATIONS OF THE AUCTION SITE
The terms used in the Regulations have the following meaning:
Auction – an electronic auction conducted on the website at http:// www.aukcje.pkoleasing.pl consisting in submitting by the Participants bids to buy the Subject of the Auction. The auction may be conducted with the option of bidding (manual or automatic), in the Offer Sale option or as "Buy Now" or as "Auction with Commission".
Auction with commission – an auction in which the Participant is obliged to pay a commission for participation in the Auction apart from the purchase price.
Offer Sale – sale conducted in the form of presentation by the Participants of individual price offers for the Subject of the Auction and the possibility for the Seller to choose the most advantageous one, by granting a Bid.
Package Auction – means an Auction, with the exception of the "Buy It Now" option, conducted for at least two items detailed in a given Auction, which are put up for auction together as a whole. The Participant is not allowed to bid on individual items included in the Package Auction, and the submitted offers always refer to all the items indicated and described in the Package Auction.
Starting Price – the price determined by the Seller from which the Auction starts.
Minimum Price – the selling price of the Subject of the Auction specified by the Seller as the preferred minimum amount for which the Seller is initially ready to sell the Subject of the Auction. The Minimum Price is not disclosed in the course of the Auction until it is reached or exceeded.
Buy It Now Price – the price visible for a given Auction. By submitting an offer for the Buy It Now Price, the Auction may be ended immediately and the Subject of the Auction may be purchased, provided that the Bidder receive a Bid in accordance with the provisions of these Regulations.
Placing of bids – means granting specific visibility to bids on the list of bids made available on the Auction Site, including giving weight to individual bids in the results of their search made by Participants.
Commission – fee for organizing and conducting the Auction payable by the Auction Participant and charged by the Auction Organizer to the Participant who won the Auction. The amount of the Commission may be calculated by an Auction Participant prior to submitting an offer using the tool available on the website of a given Auction. The commission may be provided for in any form of an Auction, in particular in the Auction with Commission and the Offer Sale.
Client – a natural person performing a legal transaction with an entrepreneur not directly related to its business or professional activity, being an Auction Participant, referred to in art. 221 of the Civil Code.
JDG - a natural person running a business activity on the basis of the provisions on the Central Register and Information on Economic Activity.
Consumer - Client and JDG.
Subject of the Auction – each item that is not real estate put up for sale via the Auction Site, in particular vehicles from completed lease and fleet contracts.
Announcement – information presented on the Auction Site that is not an offer within the meaning of Art. 661 of the Civil Code, containing data on specific movable property, real estate or services. In case of an Announcement, the Participant may not purchase them via the Auction Site.
Bidding – acceptance of the most advantageous purchase bids submitted during the Auction by a Participant who is not a Consumer (including also an offer submitted by using the "Buy It Now" option), resulting in the conclusion of a sales contract, , or in case of a Consumer, indicating the winner of the Auction and the obligation to conclude a sales contract with the Seller in writing on the terms specified in the Regulations.
Auction Site – an IT system that is an online trading platform within the meaning of the Act of 30 May 2014 on consumer rights, whose supplier is PKOLF, intended, among others, for to conduct Auctions, present Announcements and offer goods or services, run on the website www.aukcje.pkoleasing.pl.
Participant – an adult natural person with full legal capacity, a legal person or an organizational unit without legal personality, registered on the Auction Site, which as a result of registration received a login and password. A Consumer may also be a Participant.
Regulations – these regulations of the PKOLF Auction Site.
PKOLF or Auction Organizer – PKO Leasing Finanse sp. z o. o. with its registered office in Warsaw (00-116) at Świętokrzyska 36, registered in the District Court for the Capital City of Warsaw, XII Commercial Division of the National Court Register KRS, KRS: 0000337054, NIP: 7582303072, REGON: 142009519, with a share capital of PLN 200,000.00, a large entrepreneur within the meaning of the Act of March 8, 2013 on counteracting excessive delays in transactions (Journal of Laws 2019.118, i.e. of 2019.01.21, as amended). PKOLF is not a party to sales contracts concluded with Participants (except when PKOLF is also a Seller), in particular, it is responsible for the functioning of the Auction Site, i.e.: compliance of the Digital Services with their description available on the Auction Site, delivery to the Participant of Digital Services being the subject of contracts concluded on the Auction Site, the implementation of the rights of Participants resulting from the agreements concluded on the Auction Site regarding Digital Services, the fulfilment of obligations towards Participants indicated in the agreements concluded on the Auction Site regarding Digital Services, handling of requests and complaints of Participants related to contracts concluded on the Auction Site regarding Digital Services, however, is not responsible for the proper performance of sales contracts concluded with Participants.
Seller – a legal person, an organizational unit without legal personality, being an entrepreneur, indicated in a given Auction as the Seller, which offers goods or services on the Auction Site and has concluded an agreement with the Auction Organizer for the sale of the Item of Sale on the Auction Site, which is its property. The Seller may also be PKOLF. The Seller is a party to sales contracts concluded with Participants, is responsible for the proper performance of sales contracts concluded with Participants, i.e.: compliance of goods and services with their description available on the Auction Site (in the case of used vehicles, the concept of compliance with the contract should in particular include the degree of wear of the vehicle, its components and belonging, the qualification of a given feature (or lack of it) as a defect should take into account, for example, the year of manufacture, mileage or purpose of the vehicle), delivery of goods and services available on the Auction Site to Participants under concluded sales contracts, exercise of Participants' rights under from concluded contracts for the sale of goods and services available on the Auction Site, fulfilling the obligations towards Participants resulting from concluded contracts for the sale of goods and services available on the Auction Site, handling complaints of Participants related to goods and services available on the Auction Site, which were purchased by Participants in by way of a sales contract, but is not responsible for the operation of the Auction Service.
Digital content – data produced and delivered in digital form;
Deposit Agreement an agreement concluded by the Seller with the buyer of the Subject of Auction in each case when there is an intra-Community supply of goods or export of the Subject of Auction outside the territory of the European Union, providing for the obligation for the Buyer to pay the Seller the deposit amount in the amount of VAT calculated at the basic rate of 23%. Appropriate specimen of the Deposit Agreements constitutes Appendix 2 and 3 to these Regulations.
Digital service – is a service that allows the Client to: a) produce, process, store or access data in digital form, b) share data in digital form that has been sent or generated by the Client or other users of this service, c) other forms of interaction with digital data;
Validity of the Regulations
- The regulations define:
- the rights and obligations of PKOLF, the Seller and the Auction Participant related to the provision of services via the Auction Site,
- terms and conditions of selling the Subject of Auction as part of the Auctions.
- By registering in the Auction Site, Participant accepts the Regulations. PKOLF provides services in accordance with the Regulations.
- PKOLF places bids on the Auction Site. Information on the detailed rules of the Placing of bids is made available to the Participants directly on the Auction Site, in every place of the site interface where lists of bids or possibilities to search for bids are available.
- PKOLF is responsible for the compliance of the content and offers presented on the Auction Site with applicable law, including for informing about the prices of goods or services made available on the Auction Site, in particular about their changes and promotional offers.
- In case of informing (announcement) about a reduction in the price of goods or services on the Auction Site, PKOLF, next to information about the reduced price, presents information about the lowest price of goods or services covered by the promotion, which was in force during the last 30 days before the introduction of the reduction.
- If a given good or service is presented on the Auction Site for a period shorter than 30 days, PKOLF, next to the information on the reduced price, presents the lowest price of this good or service, which was in force from the moment the product or service was presented on the Auction Site.
- If a given good or service has been subject to a price reduction and therefore the last price change took place in a period longer than 30 days, PKOLF presents the last lowest price regardless of the expiry of the 30-day period
- The provisions of sec. 3-5 shall not apply in situations where the change in the price of the goods or services presented on the Auction Site is not the result of informing about the price reduction.
Subject of the Auction
- The Subjects of Auction that are sold at the Auction come mainly from completed lease and fleet contracts.
- The technical assessment of the Subject of the Auction is performed by the Seller with the participation of an independent appraiser.
- Data on the current state and degree of wear of the Subject if Auction are made public to the Participants through the Auction Site on the website of a given Auction.
- Before the participation in the Auction Site (also in the event that they differ from the data contained in the technical opinion prepared by the appraiser). The participant is obliged to get acquainted with the current technical condition of the Subject of Auction being auctioned at his own expense, and his accession to the Auction means acceptance of the data provided on the Auction Site. The Participant acknowledges that the technical opinions of appraisers are made in parking and not in workshops conditions.
- The Subject of Auction offered in the Auction are not covered by the guarantee, nor is the Seller's guarantee granted for them, unless otherwise stated in the content of the Auction. FThe warranty for defects in the Subject of the Auction is excluded, unless the Subject of the Auction is a new item and the buyer means the Client.
- Various types of Announcement may also be posted on the Auction Site. The conclusion of a sales contract for the subject or purchase of services covered by the Announcement via the Auction Site is excluded.
Conditions for participation in the Auction, registration.
- Participation in the Auction is possible after registering on the Auction Site on the website aukcje.pkoleasing.pl and after logging in and submitting an electronic offer. aukcje.pkoleasing.pl and after logging in and submitting an electronic offer.
- In PKOLF reserves the right to refuse to activate the Participants' account without giving a reason, and in case of Consumers - additionally after informing the Participant with a relevant justification of the reasons, to the e-mail address provided by him.
- The Participant may only use his/her own account on the Auction Site. It is forbidden for the Participant to have more than one account on the Auction Site, except for the situation when one natural person has one Participant's account as a Customer and the other account as a JDG. In addition, it is forbidden to use the accounts of other Participants and to share your account with third parties.
- It is forbidden for Participants to create and use logins containing vulgar or common words or words considered offensive. In such cases, the Auction Organizer has the right to remove the Participant's account from the Auction Site.
- connection with the implementation of the obligations arising from the Act of March 1, 2018 on counteracting money laundering and financing of terrorism (i.e. Journal of Laws of 2022, item 593) and the Act on special solutions in the field of counteracting the support of aggression against Ukraine and for the protection of national security (Journal of Laws of 2022, item 835):
- The Seller may request additional documents and information
- The Auction Organizer has the right to suspend or delete the Participant's account
- The Seller may refuse to give an Admission.
- The Auction Organizer reserves the right to refuse to re-register the Participants who were previously refused registration or whose accounts were deleted due to violation of the Auction Regulations.
- The Participant may at any time terminate the contract for the provision of electronic services with PKOLF (regarding a specific account) by submitting an appropriate declaration of termination of the contract in electronic form or in writing. The contract for the provision of electronic services is terminated with immediate effect upon receipt of the statement by PKOLF.
- In case of:
- The contract for the provision of electronic services may be terminated by PKOLF with a seven-day notice period.
- the Participant's failure to cooperate with PKOLF or
- disclosure of obstacles on the part of PKOLF objectively preventing or significantly hindering the proper performance of the Agreement for the provision of electronic services;
- In situations of:
- the contract for the provision of electronic services may be terminated by PKOLF with immediate effect, and in case of Consumers - additionally after informing the Participant in advance with the relevant justification of the reasons, to the e-mail address provided by him. In a situation where the Participant participates in the Auctions started before the termination of the Contract for the provision of electronic services, the offer submitted by the Participant is excluded from the Auction at the time of termination of the Contract for the provision of electronic services.
- breaking any of the provisions of these Regulations or
- reasonable doubts as to the credibility or truthfulness of the data provided by the Participant and the lack of explanation within the time limit indicated by PKOLF or;
- gross lack of cooperation between the Participant and PKOLF, or
- taking any actions by the Participant that may hinder or disrupt the functioning of the Auction Site and using it in a way that is burdensome for other Participants,
- the Participant's failure to provide information or documents requested by the Seller in connection with the performance of obligations arising from the provisions of: the Act of March 1, 2018 on counteracting money laundering and financing terrorism (i.e. Journal of Laws of 2022, item 593), the Act on special solutions for counteracting the support of aggression against Ukraine and for the protection of national security (Journal of Laws of 2022, item 835) or the Act on foreign trade in goods, technologies and services of strategic importance for state security, and for maintaining international peace and security of November 29, 2000 (i.e. Journal of Laws of 2020, item 509)
- In case of a Participant who is not a Consumer, the Agreement for the provision of electronic services may be terminated by PKOLF with immediate effect without giving any reason, after informing the Participant at the provided e-mail address.
- As a result of the termination of the Agreement for the provision of electronic services, the Participant's account set up on the Auction Site is deleted.
- In each case referred to in item 9 or item 10, PKOLF, instead of terminating the Agreement for the provision of electronic services, has the right to block the Participant's account
- Within 14 days from the conclusion of the Agreement for the provision of electronic services, the Consumer may withdraw from it without giving reasons by submitting an appropriate declaration in electronic form or in writing (it is enough to send a letter before its expiry). The form of withdrawal from the Agreement for the provision of electronic services will be received by the Consumer along with the confirmation of registration in the Auction Site.
- PKOLF will delete the Participant's account after 6 years from the end of the year in which the Participant's last login was recorded. Independently, the Participant may archive the account himself at any time; in this case, access to the account will be blocked - the account will be deactivated by PKOLF, and its removal will take place after 6 years from the end of the year in which the deactivation took place.
The Auction Process
- An Auction Announcement is placed on the Auction Site and specifies it in particular:
- Auction end date,
- the type, models and quantity of sold Subjects of Auctions,
- the Starting Price,
- the place and date in which you can view the Subject of Auction and see its technical condition in person,
- the type of Auction conducted, i.e., auction, automatic auction, auction with the Buy It Now Price, Auction with commission, offer sale,
- The commission and the tool for calculating it, if provided for in a given Auction,
- Seller's data,
- information whether the Seller issues a VAT invoice for the price of the Subject of the Auction,
- in case of Auctions containing the Minimum Price, information in this regard shall be included in the Auction announcement, with the proviso that this price is not disclosed to the Auction Participants until it is reached or exceeded.
- The prices offered by the Participants are public information, except for the Auction conducted in the form of an Offer Sale.
- The prices of the Subject of Auction given during the Auction may be both gross and net amounts, and the exact price type is specified for a specific item on the Auction Site.
- The minimum bid increment during the Auction is PLN 100.00 or a multiple of this amount.
- In case of an Auction with the bidding option, the highest offered price is visible on the Auction Site.
- Each offer submitted within the last two minutes of the Auction results in its automatic extension for another two minutes, but not more than 30 minutes in total.
- In case of submitting more than one offer for the same amount, the order in which the offers are submitted decides about the outcome of the auction - the bid submitted earlier wins.
- Each offer submitted in the Package Auction applies to all items indicated in it jointly. The Participant is not allowed to bid on one or some of the items included in the Package Auction.
- PKOLF and Seller reserves the right to verify selected offers.
- If there is no confirmation of the verified offer or no telephone contact with the Participant (incorrect number, non-active or out of range number), the offer will be rejected.
Conclusion of a Sales Agreement
- The Auction is won by the highest bid submitted until the closing of the Auction or the Buy It Now option, if provided, which will automatically end the Auction, and the person who uses this option becomes the winner.
- The conclusion of the sales agreement between the Seller and the Participant who won the Auction takes place at the moment of granting the Bid, subject to item 5 below.
- The Seller will release to the Participant who received the Bid or with whom he concluded the sales agreement referred to in item 5 below, an invoice using the correct VAT rate.
- Whenever the conditions for the application of the VAT rate applicable to the intra-Community supply of goods or export of the Subject of Auction outside the territory of the European Union are met, the Participant undertakes to:
- provide the Seller with a proper and valid identification number for intra-Community transactions, where this condition is met by indicating the VAT number as part of the offer submitted by the Participant,
- conclude a written Deposit Agreement with the Seller (at the Seller's premises in Warsaw or at Świętokrzyska 36, premises located in Słomczyn 70, or other premises of the Seller indicated in the Auction) in accordance with the appropriate template constituting Annex 2 or 3 to these Regulations,
- pay the full amount of the deposit with the purchase price, in the amount of 23% of the net price of the Subject of Auction,
- provide the Seller with the documents and statements required by the Seller within the period specified in the Deposit Agreement.
- When the Auction winner referred to in item 1 above is a Participant who is a Consumer, a Bidding on the terms provided for in these Regulations does not result in the conclusion of a sales agreement with the Consumer, but notifies him of the fact of submitting the best offer and informs about the need to conclude a written sales contract within 7 days at the Seller’s premises located in Warsaw at Świętokrzyska 36, Słomczyn 70, or other premises of the Seller indicated in the Auction, as well as the bank account number to which the offered price is to be paid together with the VAT due and the Commission, if provided. The model of the sales agreement is attached as Appendix 1 to these Regulations. With the conclusion of the sales agreement, the Participant who is a Consumer concludes a Deposit Agreement according to the template constituting Appendix 3 to the Regulations, provided that the Subject of Auction is exported outside the territory of the European Union. In the event that the Participant who is a Consumer does not conclude a sales agreement and a deposit agreement with the Seller (if required) within 7 days from informing him about the submission of the highest bid (Bids), the Auction Organizer has the right to block his account on the Auction Site and re-list the Subject of the Auction for the Auction or propose it to the Participant who offered the second highest price in a given Auction.
- The information on granting a Bid is sent to the Participant who submitted the highest bid in the Auction or used the Buy It Now option, within 72 hours from the end of the Auction, and if the Bid is not obtained within the above period, the Participant is no longer bound by the offer, which applies to also the Participant who is a Consumer. Information on granting a Bumper may also be sent to the Participant who submitted the highest bid in the Auction that ended without reaching the Minimum Price.
- A participant who fails to meet his offer shall be prevented from submitting bids on the Auction Site and his account will be blocked. Provisions of § 4 item 5 shall apply accordingly.
- A Participant who is not a Consumer, who was granted with a Bidding in accordance with § 6 item 2, is obliged to pay the Seller the purchase price and, if required, sign the Deposit Agreement and pay the amount of the deposit, within 7 calendar days from the Acceptance date and collect the Subject of the Auction no later than 7 calendar days from the date of notification of its readiness for its collection.
- The payment should be made to the bank account indicated in the declaration on the Arrival. The ownership of the Subject of Auction is transferred upon payment of the entire purchase price and, if required, signing the Deposit Agreement and payment of the deposit amount to the indicated bank account. Any funds paid into the PKOLF account must come from legal sources and are not funds derived from benefits related to the commission of a prohibited act. At the same time, the Participant agrees to the implementation by PKOLF of all obligations imposed on PKOLF by the Act on Counteracting Money Laundering and Financing of Terrorism and in connection with such activities K will not raise any claims or allegations against it. The Participant is obliged to provide and update all identification data and data on beneficial owners, each time at the request of the Financing Party, within the time limit indicated by the Financing Party, provide all information that F needs to obtain for F to fulfill its obligations under the above-mentioned act.
- In addition, in case of an Auction with Commission or any other type of Auction that provided for a Commission, the Participant who was granted a Bidding is obliged to pay, apart from the purchase price, the Commission for participation in the Auction in the amount indicated in the Bid. This amount must be paid within 7 calendar days from the date of the Collection. The payment of the Commission should be made to the bank account number of the Auction Organizer indicated in the declaration of the Bidding. The obligation to pay the Commission does not fall off in any situation, including in particular in the event of termination, when the sale agreement is not concluded under any title (e.g., termination, withdrawal) of the Auction Object due to the fault of the Participant.
- The invoice for the price of the Subject of Auction (if the Seller is an entity authorized to issue invoices) will be issued after the Seller receives the purchase price, in accordance with the data provided in the Participant's form, subject to items 3 and 4 above. It is not possible to change the tax identification number (NIP) or issue an invoice "for a company" if a Client is a participant of the Auction.
- At the request of the Participant, submitted to the Auction Organizer within 2 days of granting the Bidding, the Participant may conclude a leasing agreement with PKO Leasing S.A. based in Łódź, for the auctioned Subject of the Auction, the purchase price of which will also be the initial value. The condition for concluding a leasing agreement is meeting the requirements of PKO Leasing S.A., specified when concluding this type of agreement, and concluding such agreement within no more than 5 days from the date of submission of the application. Negative decision of PKO Leasing S.A. concerning the conclusion of the leasing agreement does not release the Participant from the obligation to pay the purchase price for the auctioned Subject of the Auction.
- The Bidding is made by the Auction Organizer on behalf of the Seller or on his own behalf (if he is also the Seller of the Subject of the Auction), and granting a Binding is not his obligation but a right.
- In the event that the Participant referred to in item 8 above not being a Consumer, he/she will breach the obligations specified therein in item 8, the Seller is entitled to withdraw from the sales contract without the need to set an additional deadline.
- The Organizer of the Auction is entitled not to give a Bid and to withdraw from the sale agreement if:
- in connection with the implementation of the provisions of the Act on Counteracting Money Laundering and Terrorist Financing of March 1, 2018 (i.e. Journal of Laws of 2022, item 593) or any act that will replace it.
- if the Auction Item is listed in the list of military goods constituting an appendix to the Regulation of the Minister of Development and Technology on the list of military goods, the trade of which requires a permit of December 2, 2021 (Journal of Laws of 2021, item 2274), or any regulation that replaces it.
- if the Auction Item is a dual-use item within the meaning of Art. 3 section 1 of the Act on Foreign Trade in Goods, Technologies and Services of Strategic Significance for State Security, as well as for Maintaining International Peace and Security of November 29, 2000 (i.e. Journal of Laws of 2020, item 509) or any law that replaces it.
- if the Participant is entered on the list of persons and entities referred to in Article 2(1) of the Act on special solutions to counteract the support of aggression against Ukraine and to protect national security (Journal of Laws of 2022, item 835 ) or any law that replaces it.
Collection of the Subject of the Auction
- After the purchase of the Subject of the Auction, in accordance with the provisions of these Regulations, including after the conclusion of the sale agreement by the Participant who is a Consumer pursuant to § 6 sec. 5, the collection is possible from the moment the Participant receives an e-mail informing about the readiness of the Subject of Auction for release, but not earlier than after paying the entire price and, if required, signing the Deposit Agreement and payment of the deposit amount, as well as the buyer is an entity other than the Consumer - Commission, if it has been provided for in the completed Auction.
- Information about the possibility of collecting the auctioned Subject of the Auction is sent to the e-mail address provided during the registration process.
- In the event of collection of the Subject of Auction by a person other than the Participant (natural person), company owner or a member of the management board, it is necessary to have a written power of attorney to do so. A specimen of the correct power of attorney is available on the website of the Auction Site in the "HELP" tab.
- Upon receipt of the Subject of the Auction, the Seller may oblige the recipient to sign documents, the templates of which are available on the website of the auction site in the "HELP" tab; in particular the declaration on the real beneficiary.
- In case of Auctions where the Participant other than the Consumer has received information about the possibility of collecting the Subject of the Auction in the manner specified in item 2 of this paragraph and does not collect it within 7 calendar days from the receipt of the above information, the Participant will be charged by the Seller with the costs of storage in the amount indicated in Appendix 4 to these Regulations. Storage will be at the cost and risk of that Participant.
- The collection of the Subjects of the Auction is at the expense and risk of the buyer in Słomczyn No. 70 depending on the location of the Subject of the Auction, unless the Seller and the Participant decide otherwise or it will otherwise result from the information provided on the Auction Site.
Processing of personal data
- The Participant has the obligation and the right to update the data and information that constituted the basis for registering the Participant in the Auction Site, immediately after each change of such data. The Auction Organizer reserves the right to verify, at any time, the credibility of the data on which the Participant was registered on the Auction Site.
- PKO Leasing Finanse sp. z o.o. with headquarters in Warsaw (00-116) at ul. Świętokrzyska 36 ("PKOLF") informs that it is the administrator of personal data within the meaning of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (hereinafter respectively: "personal data" and "GDPR").
- PKOLF has appointed a Personal Data Protection Officer who can be contacted at the above-mentioned registered address of the Company or at the e-mail address: firstname.lastname@example.org@pkoleasing.pl.
- PKOLF processes the Participant's data, and in case of a Participant running a business, also its representative and real beneficiary, in connection with the registration and maintenance of an account on the Auction Site and the implementation of activities related to the Participant's participation in auctions made available via this Auction Site, on the terms described in the Regulations (hereinafter: "Relation"). PKOLF obtains data directly from the Participant, at the account registration stage, to the extent resulting from the registration forms available on the Auction Site, as well as in connection with the subsequent data update or the collected history of the Participant's activity on the Auction Service. PKOLF may also obtain information from other companies of the PKO Bank Polski S.A. Group. The basis for the exchange of data within this Group may be consent, and in the scope of risk management, the legitimate interests of the companies covered by the exchange, in accordance with the applicable regulations of common law. If indicated by the Participant, PKOLF may also process the data of the person authorized by the Participant to collect the Subject of the Auction, to the extent disclosed in the sales agreement and on the power of attorney.
- The legal basis for the processing of personal data may or may be:
- consent - i.e., voluntary consent to the processing of data referred to in Art. 6 sec. 1 point a) of GDPR,
- contractual requirements - i.e., the need to have data available for the preparation or performance of the concluded contract resulting from the Relationship referred to in Art. 6 sec. 1 point b) of GDPR,
- statutory requirements – i.e., the need for PKOLF to fulfil legal obligations resulting from the provisions of the law referred to in Art. 6 sec. 1 point c) of GDPR,
- justified requirements of the administrator - i.e., the need to implement the legitimate interests of PKOLF, referred to in Art. 6 sec. 1 point f) of GDPR.
- Based on the above legal grounds for data processing, PKOLF processes or may process the obtained data for the following purposes:
- for the purposes indicated in the consent - on the basis of this consent - in this case, the consent may be withdrawn at any time, which will not affect the lawfulness of the processing which was carried out on the basis of consent before its withdrawal; refusal to give consent or its withdrawal will result in the fact that PKOLF will not be able to process data for the purposes indicated in the consent,
- in order to manage an account on the Auction Site that enables participation in Auction - based on contractual requirements,
- in order to handle Auctions in which the Participants take part, and in case of winning it and obtaining a confirmation ticket, to handle the purchase transaction of the auctioned item - based on contractual requirements,
- in order to comply with the provisions of law, e.g., tax settlements or the implementation of the provisions on counteracting money laundering and terrorist financing as well as implementation of obligations imposed on obligated institutions,/li>
- to pursue claims and defend against claims related directly or indirectly to the Relationship - based on the legitimate requirements of the administrator,
- for the purpose of marketing products and services, including in some cases preceded by building a Participant's profile and its analysis by PKOLF, during the term of the Relationship - based on the legitimate requirements of the administrator, or consents (if the nature of marketing activities required to obtain them), or after the expiry or termination of this Relationship - based on the consent expressed in this regard,
- in order to handle inquiries addressed using the available communication channels - on the basis of contractual requirements or on the basis of justified requirements of the administrator, depending on the subject of the inquiry,
- for the purposes of ensuring security, including in the field of IT, and risk assessment related to the handling of Relations, also in some cases related to building and analysing profiles of Participants - based on the justified requirements of the administrator.
- The period of personal data processing is related to the above-mentioned purposes of their processing. Therefore, personal data will be processed for the longer of the following periods:
- for the period in which the law requires the storage of data, or
- for the period of limitation of any claims for which it is necessary to have data available.
- The obtained personal data may be, as part of their processing for the purposes indicated above, disclosed to entities other than PKOLF, i.e.:
- entities from the PKO Bank Polski S.A. capital group to which PKOLF belongs, the current list of which can be found at www.pkobp.pl, in particular to PKO Leasing S.A. or PKO Bank Polski S.A. both companies based in Warsaw, for purposes:
- preparation and conclusion of the sale agreement, if the given company will be the owner of the Subject of the Auction, as a result of which the Participant acquired the right to purchase the offered Subject of the Auction,
- administering of human resources as well as conducting analyses and implementing process solutions essential for the optimization of business activities, based on agreements concluded between companies within the capital group,
- pursuing legitimate interests within the PKO Bank Polski S.A Group, resulting from the parties' rights to exchange information to prevent fraud or effective risk management and financial reporting within the capital group, in accordance with applicable general regulations. As a result of providing the data in question, PKO Leasing S.A. and PKO Bank Polski S.A. will become their independent administrators and will process this data for the purposes indicated in this point. The principles of data processing by these entities and the rights of data subjects resulting from this fact are described on the websites of PKO Leasing S.A. and PKO Bank Polski S.A. in tabs dedicated to data protection (GDPR).
- cooperating insurance companies, its agents and reinsurers - to the extent necessary to prepare the calculation of the financial terms of property or personal insurance offered in connection with the Relations - if such an obligation or right of PKOLF results from the Relations or is allowed under applicable legal provisions, as well as in in the event of giving appropriate consent by the data subjects,
- if the relevant consent is given, entities from the PKO Bank Polski S.A. capital group (subject to consent) for the purposes of preparing an offer or conducting risk assessment related to offering or servicing products and services of these entities,
- entities providing services to PKOLF, e.g., IT or operational service providers, auditors, advisers, and also entities that are authorized to obtain information on the basis of legal provisions,
- entitled entities submitting a validated claim in connection with the breach by the buyer of the subject of road traffic regulations or the rules of using paid road infrastructure and parking zones.
- The processing of data by PKOLF is based on a voluntary basis, however, refusal to provide data may make it impossible to take actions covered by the request in connection with the Relationship. To the extent justified by the applicable provisions of common law, the obligation or right of PKOLF to process data results from the relevant provisions.
- The data will not be processed solely in an automated manner. In cases and on the terms set out in the provisions on the protection of personal data, data subjects have the right to access their data, rectify or delete them, limit the processing of their data, object to the processing of personal data based on a legal basis in the form of legitimate requirements of the administrator, as well as the transfer of personal data.
- Notwithstanding the foregoing, the persons whose data PKOLF processes, also have the right to lodge a complaint with the competent supervisory authority (the President of the Personal Data Protection Office), indicated in the currently applicable act regulating the principles of personal data protection.
- Please be advised that PKOLF may transfer personal data outside the European Economic Area (EEA). We have made sure that our suppliers or auditors guarantee a high level of personal data protection. These guarantees result in particular from the obligation to use standard contractual clauses adopted by the EU Commission. Data subjects have the right to request us to provide a copy of the appropriate security measures (protection measures) that we apply in connection with the transfer of their data outside the EEA, by directing their inquiry to the above-mentioned address of the Data Protection Officer.
- Complaints about the services provided by PKOLF may be submitted to the company's registered office - ul. Świętokrzyska 36, 00-116 Warszawa, orally for the record or in writing, delivering it directly or by mail, and in case of personal contact, always on working days from 9:00 am to 4:00 pm. Complaints may also be sent by e-mail to the following e-mail address: email@example.com.
- Each complaint should contain at least the name and surname, e-mail address and correspondence address of the person submitting the complaint, as well as a detailed description of the complaint. The complaint should also include a demand for specific behaviour by PKOLF.
- The complaint will be considered within 14 days from the date of its receipt if it is submitted by the Consumer or 30 days if it is submitted by another entity. A written response will be sent to the correspondence address indicated by the complainant or by e-mail, if the request for such delivery is included in the complaint.
- Detailed information on the possibility for the consumer to use out-of-court methods of dealing with complaints and pursuing claims and the rules of access to these procedures are available on the website of the Office of Competition and Consumer Protection (https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php).
- There is also a contact point at the President of the Office of Competition and Consumer Protection whose task is, among other things, to provide assistance to consumers in matters relating to out-of-court resolution of consumer disputes.
- The Consumer has the following exemplary possibilities of using out-of-court methods of dealing with complaints and pursuing claims:
- an application for dispute resolution to a permanent amicable consumer court;
- a request for out-of-court dispute resolution to the voivodship inspector of the Trade Inspection;
- assistance of the poviat (municipal) consumer ombudsman or social organization whose statutory tasks include consumer protection.
- PKOLF will make every effort to ensure the correct operation of the Auction Service and provide assistance in solving problems related to its functioning.
- Access to and use of the Auction Site requires a computer or mobile device such as a laptop, tablet or smartphone with access to the Internet along with:
- the current version of the web browser installed: Edge, Google Chrome, Mozilla Firefox, Safari or Opera,
- enabled cookies (cookies) i
- Pursuant to the Regulations, PKOLF provides the Digital Service:
- for the Participant in the scope of enabling viewing of the content of the Auction Site, including offers - the service is one-off, begins when the Auction Site is launched, and ends when the Participant leaves it;
- for the benefit of the Participant in the scope of making the contact form available on the Auction Site - the service is one-off, it begins when the contact form is filled in and ends when it is left;
- for the Participant in the scope of maintaining the Participant's account on the Auction Site - the service is provided for an indefinite period, on the terms described in the Regulations
- PKOLF shall not be liable for any difficulties in participating in the Auction resulting from technical reasons, as well as for the mistake or accidental interruption, suspension or early termination of the Auction.
- PKOLF does not cover or participate in the costs incurred by the Participant in connection with participation in the Auction, in particular with the access to the place of inspection of the Subject of the Auction, securing the transport or loading of the Subject of the Auction.
- PKOLF reserves the right to change the Regulations for the following important reasons:
- in the event of a change in the provisions - the need to adapt the Regulations to legal provisions that have a direct impact on the content of the Regulations and result in the need to modify it in order to comply with the law;
- the need to adapt the Regulations to recommendations, orders, rulings, resolutions, interpretations, guidelines or decisions of authorized public authorities;
- extension or change of functionality, including the introduction of new services provided electronically or change of existing functionalities;
- change of the technical conditions for the provision of electronic services
- the need to remove ambiguities, errors or typographical errors that may have occurred in the Regulations;
- change of contact details, names of electronic address identification numbers or links included in the Regulations;
- preventing violations of the law or violations of the Regulations;
- removing ambiguities or interpretation doubts;
- the need to improve user safety.
- Changes will be published in the form of a unified, after the changes, text of the Regulations on the Auction Site. Any changes to the Regulations enter into force on the date indicated each time by PKOLF, which, however, may not be shorter than 7 days from the date of notification of the planned change.
- The existing provisions of the Regulations shall apply to the rights and obligations of the Participants regarding activities undertaken before the amendments to the Regulations entered into force
- Any disputes related to the performance, non-performance or improper performance of sales contracts concluded on the basis of the Regulations shall be settled by the court competent for the registered office of PKOLF.
- The provisions of sec. 3 of this paragraph do not apply to sales contracts concluded with Consumers.
- All appendices are an integral part of these Regulations, including appendix no. 4 containing the rates related to the costs of storing the Auction Items.
- The Regulations are valid from July 10, 2023.
Appendices constituting an integral part of the Regulations:
Appendix No. 1 Specimen of the sales agreement,
Appendix No. 2 Specimen of the WDT deposit agreement
Appendix No. 3 Specimen of the Export deposit agreement
Appendix No. 4 Costs of storing the Auction Items