Regulations of the Promotion "Recommend us to your friends"

§ 1 General provisions

  1. These regulations (hereinafter referred to as „Regulations”) set forth the rules of the promotional action „Recommend us to your friends” (hereinafter referred to as the „Promotion”), including the rules of participation in the Promotion and the conditions to be met in order to receive the gift card described in § 4.
  2. The organizer of the Promotion is:
    (a) Moko Botanika Property Sp. z o.o. with its registered office in Warsaw, at Puławska Street, 2, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court for Warsaw in Warsaw, XIII Commercial Division of the National Court Register under KRS number 0000846951, NIP (tax identification number) 5272930098;
    (b) Tower D Property Sp. z o.o. with its registered office in Warsaw, at Puławska Street, 2, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court for Warsaw in Warsaw, XIII Commercial Division of the National Court Register under KRS number 0000874902, NIP (tax identification number) 5272944953;
    (c) Studio Okęcie Property Sp. z o.o. with its registered office in Warsaw, at Puławska Street, 2, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court for Warsaw in Warsaw, XIII Commercial Division of the National Court Register under KRS number 0000856386, NIP (tax identification number) 5272934601;
    (d) Tursto Investment Sp. z o.o. with its registered office in Warsaw, at Puławska Street, 2, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court for Warsaw in Warsaw, XIII Commercial Division of the National Court Register under KRS number 0000878518, NIP (tax identification number) 5272946952;                                                                                                                                                                                                                                                                      hereinafter referred to as „Landlord”.
  3. The Promotion is intended for the Tenants who meet the conditions for participation in the Promotion, in accordance with the Regulations.
  4. Terms used in the Regulations shall mean:
    (a) Building – a residential buildings located in Warsaw, at Grzybowska 49, Bokserska 54, 54A, 54B, Komitet Obrony Robotników 39CA, 39CB, Żupnicza 28, 28A. Street,
    (b) Tenant – a party to an existing lease agreement for premises in the Building entered into with the Landlord,
    (c) New Client – a natural person with full legal capacity, a legal person or an organizational unit indicated in Article 331 of the Polish Civil Code,
    (d) Participant – the Tenant who meets the conditions for participation in the Promotion specified in § 3 of the Regulations,
    (e) Lease Agreement – a lease agreement for premises in the Building concluded between the Tenant and the Landlord.
  5. Other terms capitalized and not defined herein shall have the meaning given to them in the Lease Agreement.

§ 2 Duration of the Promotion

  1. The Promotion takes effect starting from 01 March 2024 and is valid until 30 July 2024.

§ 3 Terms and conditions for participation in the Promotion

  1. A participant in the Promotion may be the Tenant.
  2. The condition for the Tenant to receive the gift card referred to in § 4 point 1, during the Promotion period indicated in § 2, is for the Participant to recommend to the New Client an offer to lease premises in the Building, and, consequently, conclusion by the New Client with the Landlord a lease agreement for premises in the Building on the basis of the aforementioned recommendation of the Participant, for a fixed period of at least 12 months, whereby:
    • (a) the New Client cannot be a party to any other lease agreement for premises concluded with the Landlord being in effect during the 6 months preceding the conclusion of the lease agreement based on the recommendation of the Tenant,
      (b) the New Client has not been presented by the Landlord with an offer to lease premises in the Building during the 6 months preceding the conclusion of the lease agreement based on the recommendation of the Tenant.
  3. In order to document the recommendation, the Participant should inform the New Client of the need to indicate to the Landlord the Participant’s data (name, surname or e-mail address), as the referrer, when the New Client concludes the lease agreement with the Landlord, on the form provided for this purpose. Otherwise, the Landlord will not be able to verify the Participant’s recommendation of the Landlord’s offer to the New Client. For the avoidance of doubt, if the New Client does not indicate the Participant’s data when concluding the lease agreement with the Landlord, the gift card referred to in § 4 point 1 of the Regulations will not be due.
  4. Fulfilment of the conditions for participation in the Promotion by the Participant, as well as granting the gift card to the Participant referred to in § 4 point 1, will be confirmed by the Landlord in a statement sent to the Participant’s e-mail address indicated in the Lease Agreement/through the MYHOME platform.

§ 4 Rules for granting the gift card to the Tenant under the Promotion

  1. In the event that the New Client enters into a lease agreement in the Building with the Landlord for a period of at least 12 months, based on a documented recommendation of the Landlord’s offer by the Participant in accordance with § 3 points 2 and 3 above – within a period of not more than 2 months from the recommendation, the Participant shall be entitled to a gift card, which shall be awarded in the month following the month in which the New Client concluded a lease agreement with the Landlord in the Building.
  2. The Participant will be informed of award of the gift card on the basis of the Landlord’s statement referred to in § 3 point 4 of the Regulations.
  3. In the event of early termination of: (i) the Lease Agreement with the Tenant before the expiration of the Lease Term for which the Lease Agreement was concluded, or (ii) lease agreement with the New Client referred to in § 4 point 1 above, by:
    • (a) termination by mutual agreement at the request of, respectively, the Tenant or the New Client,
      (b) termination of or withdrawal from, respectively, the Lease Agreement by the Tenant or by the New Client from the lease agreement referred to in § 4 point 1, for reasons attributable to, respectively, the Tenant or the New Client,
      (c) termination, respectively, of the Lease Agreement or the lease agreement concluded by the New Client referred to in § 4 point 1, by the Landlord for reasons attributable to, respectively, the Tenant or the New Client,

the Landlord shall be entitled to revoke granting the gift card and potentially to claim a refund of the amount of the gift card already granted and used by the Participant, as referred to in point 1 above.

  1. The Participant may benefit from the Promotion more than once, which means that the Participant is entitled to the gift card, referred to in point 1 above, for each New Client who signs a lease agreement with the Landlord in the Building as a result of a documented recommendation.

§ 5 Procedure of submission and consideration of complaints regarding the Promotion

  1. Any Participant may file complaints related to the Promotion:
    • (a) to the Landlord’s electronic address: bok@heimstaden.pl; or
      (b) to the Landlord’s registered address: Heimstaden, ul. Puławska 2, 02-566 Warszawa.
  2. The date of filing a complaint is determined by the date of postmark or sending an e-mail.
  3. The written complaint should include the Participant’s name and e-mail address, as well as a detailed description and justification of the complaint.
  4. The Participant will be informed immediately about the way in which the complaint will be handled by electronic means at the e-mail address provided in the complaint or at the mailing address indicated in the Lease Agreement, but no later than within 14 days from the date of receipt of the complaint by the Landlord.
  5. The rules for handling complaints set forth in the Regulations in no way limit the Participant’s right to file a claim for the competent court of general jurisdiction.

§ 6 Personal data protection

  1. The administrator of the personal data of the Participants and the New Clients is the Landlord (hereinafter also referred to as „Administrator”). In matters related to the processing of personal data, you can contact the Landlord at the following address: bok@heimstaden.pl.
  2. The Landlord processes personal data for purposes related to the organization and conduct of the Promotion, including verification of the Participant’s recommendation of the Landlord’s offer to the New Client and sending the Participant a confirmation of granting the gift card [legal basis: Article 6 point 1 f) RODO – legally justified interest consisting in the organization of the Promotion and verification of the conditions for granting the gift card]. In addition, personal data are processed for the purpose of establishing, investigating and defending against claims [legal basis: Article 6 point 1 (f) RODO – legitimate interest consisting in providing the Landlord effective legal protection].
  3. Recipients of personal data are entities providing IT services to the Landlord.
  4. Personal data will be kept for the time necessary to verify the Participant’s recommendation of the Landlord’s offer to the New Client and granting the gift card, and thereafter until the period of limitations for claims.
  5. The personal data of the Participant in terms of name, surname or e-mail address were obtained by the Landlord from the New Client in connection with the need to document the recommendation.
  6. The Participants and the New Clients have the right to access their personal data, rectification, deletion, restriction of processing, data portability, as well as the right to object to processing. The exercise of certain rights may be limited due to the law or the legitimate interests of the Administrator.
  7. The Participants and the New Clients have the right to file a complaint to the supervisory authority (President of the Office for Personal Data Protection, 2 Stawki Street, 00-193 Warsaw).
  8. Providing personal data is a condition for participation in the Promotion. Failure of the Participant to provide personal data (via the New Client) will make it impossible to participate in the Promotion and receive the gift card.

§ 7 Final provisions

  1. The Regulations are also available on the www.heimstaden.pl website.
  2. By participating in the Promotion, the Participant confirms that he/she agrees to be bound by the provisions of the Regulations.
  3. The rights and obligations of the Participant may not be transferred, sold or otherwise disposed of to any other entity.
  4. The Promotion does not combine with other promotional offers of the Landlord.
  5. The Landlord reserves the right to change the terms and conditions of the Promotion and the provisions of the Regulations during the Promotion, as well as to terminate the Promotion at any time, of which it shall give at least one month’s notice through the website where the Regulations are available, but such changes shall not affect the rights previously acquired by the Participants of the Promotion.
  6. The Landlord reserves the right to exclude from participation in the Promotion the Participant who violates the terms of the Regulations.

 

 

ATTACHMENT NO. 1

TO THE REGULATIONS OF THE PROMOTION „RECOMMEND US TO YOUR FRIENDS”

 

  1. I, the undersigned, […], hereby declare that:
    • (a) information about the possibility of entering into a lease agreement […] in a residential building located in […], at […] Street (the „Building”), I obtained from […] (the „Referrer”), and that I am entering into a lease agreement […] in the Building, on […], with […] (the “Landlord”) as a result of a recommendation received from the Referrer;
      (b) I am not a party to any other lease agreement for the premises concluded with the Landlord being in effect during the 6 months preceding the conclusion of the lease agreement based on the recommendation of the Referrer;
      (c) I have not been presented with an offer to lease the premises in the Building by the Landlord within the 6 months preceding the conclusion of the lease agreement based on the recommendation of the Referrer.
  2. At the same time, I declare that I have read and accept the Regulations setting forth the rules of the promotional action „Recommend us to your friends” („Promotion”), including the rules for processing personal data for the purposes of the Promotion set forth therein.