TERMS AND CONDITIONS
1. Introductory Note
Thank you for using our products and services. If you are in the European Economic Area, the services are provided by PSC Contractor & Developer SRL (The Company), a company registered and operating under the laws of Romania, registered with the Trade Registry J40 / 8207/2012, Tax Identification Number RO30436371, having its registered office at Calea Victoriei 155, 1st District, Bucharest.
By using our services, you agree to these Terms and Conditions. Please read them carefully.
The products/services described in this website are valid only for the residential project WIN Herastrau and constitute its exclusive property.
When accessing this website, both you and us agree that in all matters relating to the use and content of this website, the laws of Romania shall apply. You also agree to submit only to the jurisdiction of the Romanian courts regarding of such matters. There is no interpretation or warranty that the materials contained on this website are appropriate for, available in, or relevant to any other location.
2. Main Definitions
Personal Data – any information about an identified or identifiable individual (the data subject). An identifiable natural person is a person who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online id, or one or more elements specific to his/her physical, physiological, genetic, psychic, economic, cultural or social identity.
Personal Data Processing – any operation or set of procedures performed on personal data or on personal data sets, with or without the use of automated means, such as collecting, recording, organizing, structuring, storing, adapting or modification, extraction, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
Data Operator – a natural or legal person, a public authority, an agency or other institution which, alone or with others, establishes the purposes and means of processing personal data.
Third Party – a natural or legal person, public authority, agency or institution other than the data subject, the operator, the person authorized by the operator and the persons under the direct influence of the operator or the person authorized by the operator to process the personal data.
Consent – any manifestation of the free, specific, informed and unambiguous will of a person through which he/she accepts, through a statement or unequivocal action, that his/her data is processed.
ANSPDCP – the independent public supervisory authority in Romania, namely the National Supervisory Authority for the Processing of Personal Data.
GDPR – Regulation (EU) 679/2016 of the European Parliament and of the Council – 27 April 2016 on protecting individuals regarding the processing of personal data and on the free circulation of such data and repealing Directive 95/46/ EC.
Site – www.win-herastrau.ro
User/Users – Any user(s) browsing and/or reading and/or using the Site.
3. Use of www.win-herastrau.ro
The following rules are a condition of your use and access to the Site. You are responsible for the content of your communications and representations through our Site.
As a condition of using the Site, please, take into consideration that:
- You will not interfere with any other person using or enjoying the Site;
- You will not use the Site to threaten, abuse, harass or invade the privacy of any person;
- Any content or materials you provide will be appropriate and legal;
- You will not damage our Site or servers;
- You will not attempt to gain unauthorized access to computer systems or networks connected to the Site or to use the Site for improper or unlawful purposes;
- You will not collect or use personal information from anyone on this Site without our prior written permission;
- You will not use the Site, the content or the information for any illegal purpose, and you will encourage no one else to do so.
The Company will determine the violation of these provisions at its sole discretion.
During the use of the Site and its services, You (the User) agree to abide by the applicable laws and perform no crack, hacking, or similar activities that endanger the proper functioning of the Site, the Server or the Information Security. You agree not to change, copy, distribute, transmit, display, publish, reproduce, create derivative works or sell any information or services obtained through the Site.
We reserve the right to make, without notice, any changes and corrections to this website, as and when we consider it appropriate.
To use our electronic form, you must be at least eighteen (18) years old and give us complete, current and accurate information.
Persons accessing this Site comply with these Terms, local laws and regulations, including, but not limited to, Internet law and rules, the use of email, privacy, and security.
The site and its contents are intended solely for your personal and non-commercial use. You may not change, copy, distribute, transmit, display, reproduce, publish, create derivative works, transfer or sell information, software, products, services, or features obtained from the Site without our pre-written consent.
Your access to the Site may be unavailable or interrupted from time to time for various reasons, many of which we cannot control. We are not liable for any interruption of your access to the Site or any of the consequences of such interruptions.
4. Copyright and Trademarks
All content and materials of the site, including articles, other texts, photographs, illustrations, graphics, drawings, logos, video (collectively, Intellectual Property) are protected by copyright, by the laws of Romania. Intellectual property is owned or controlled by the Company or the party credited as a Provider or Owner of Intellectual Property. The compilation (that is, collecting, arranging and assembling) the entire content of the site is the sole property of the Company and is protected by the laws of Romania and international copyright law. Except as allowed by the Company, you agree not to sell, distribute, copy, change, publish, edit, adapt or create derivative works from the Site’s content and materials.
Intellectual property rights in the entire content of the Site, including, without limitation, all texts, images, graphics, animations, software and other similar content (the content) belong only to Win Herastrau residential project. We forbid the use of the content of this Site without the consent of PSC Contractor & Developer SRL and it is punishable under the laws in force. Any material comprising a trademark, logo, or brand is a registered trademark whose use is strictly prohibited without the written permission of the trademark owner.
According to the legal requirements, the Company should manage safely the personal data you provide us about you, a member of your family or another person and only for the specified purposes.
The company may collect personal data from you, but only with your consent and if you provide it voluntarily.
The information that the Company collects differs depending on how you use the website. You may use the site without the need to provide us with personal information, but if you want to use the services we offer, we may ask you for personal information such as your first and last name, e-mail address, phone number, geolocation data/traffic data. We collect this information only when you voluntarily and knowingly accept to transmit it to us.
By completing the electronic form that we use on www.win-herastrau.ro website, you expressly consent to the processing of your personal data by PSC Contractor & Developer SRL, in the computerized system.
We use personal data collected for the following purposes:
To make sure our webpage applies to your needs;
To help us create and publish the most relevant content for you;
Publishing, promoting, offering Company’s services.
5.1 No Necessary Consent Data Processing
More information about processing data with no necessary consent:
a) General contact form displayed on the website
Contact form (informative material, availability of housing units, residential project information, appraisal, complaints, etc.) – when you send the contact form, we process data such as your name, surname, phone number, email address, specific message data, under the conditions provided in this section.
The goal is the answer to your request, and the justification is the legitimate interest to process your questions and be able to respond individually.
b) Data processing for bidding purposes
By filling out the form on www.win-herastrau.ro website, you agree to be contacted for a personalized offer of the residential project. The processed data will be the contact and the identification data.
The goal is to contact the customer to submit a bid according to his requirements, and the justification is the customer’s consent.
5.2 Processing Children’s Data
We expressly inform you that all personal data processing refers only to people who are 18 years of age. Use of systems and tools, as well as data processing of Users who are not of this minimum age are prohibited without the consent of their parents/tutors. However, if such personal data processing takes place, we will stop processing this data as soon as we will be aware of it.
5.3 Storing Personal Data
We keep personal data that we collect about you in secure environments. Your data is protected against unauthorized access, disclosure, use, modification or destruction by any organization or individual.
Protecting your privacy is essential to the Company, so we will never share your personal information with a third party for purposes other than those described in this Policy. The Company is a real estate developer, and we work with other trusted partners outside the Company who maintain the Company’s IT systems or provide you with services or products on behalf of the Company. For example, to receive a certain information, you can be contacted by a real estate agency partner. However, these real estate agencies must, under the relevant contracts, use the data they are entrusted to them only under the Company’s guidelines and for the purpose that we strictly specify. They are also required to protect your data and keep it secret adequately.
5.4 What Privacy Rights Do You Have?
Please note that you may at any time request from the Company the following:
- Ensure access to your personal information
You may ask the Company what personal data you are using and request access to this personal data. You also have the right to know the purposes of the processing, our data categories, the parts or categories of parties with which your data is shared, the retention period, and the source of our data that is not being collected directly from you.
- Make available a copy of your personal information
You can contact us if you want a copy of some or all of the personal information we hold about you.
- Ask for rectification of incorrectly entered data
We want to make sure that your personal information is correct and up-to-date. You may ask the Company to correct or remove information deemed inaccurate or obsolete.
- Ask for deletion of personal information
You may ask us to stop processing or even delete personal information that we hold about you. If your personal information is required to fulfill a contractual obligation of the Company, the Company may be unable to meet this contractual obligation. Also, if your personal information is needed for the Company to comply with specific legal requirements (e.g., tax legislation), your request cannot be managed.
- Restrict Company and/or third-party access to your data
You have the right to request the restriction of the processing of your personal information if you have challenged the accuracy of your data or if we no longer need personal data for the purpose of processing. You may request your data for the establishment, application or defense of legal claims, or if you have objected to the processing made by the Company.
- Object to the way we handle your data
Please note that you have the right to object the processing of personal data that is based on a legal basis that the Company considers legitimate. Also, you have the right to object at any time the processing of personal data for direct marketing purposes, including profiling insofar as it is related to direct marketing.
- Ask to transfer your data to another data carrier (portability)
If the processing is based on your consent or doane by automated means, you have the right to request the Company to transmit your data to another operator.
To exert any of the above rights, use the Company’s contact information.
If you are not satisfied with the way we collect or use your personal information, you are always entitled to submit a formal complaint to the National Supervisory Authority for Personal Data Processing by visiting https://www.dataprotection.ro/
5.5 How Do We Protect Your Personal Data?
he site uses information security techniques, such as firewalls, access control procedures, and cryptographic mechanisms, all of which aim to avoid unauthorized access to data and to ensure confidentiality. We have adopted the necessary technical and organizational measures to guarantee the security and integrity of the personal information we process and to prevent unauthorized third parties from losing, modifying and/or accessing them.
5.6 The site may contain links to third-party websites
Our company is not responsible for third-party sites and their content. Therefore, the Company makes no warranty concerning such third-party websites, has no responsibility for their content and will not be liable for any loss or damage caused by your use of these sites.
6. Settlement of Disputes
Disputes can be settled amicably, through mediation or recourse to competent courts. Also, since 2016, the SOL (Online Dispute Resolution Platform) is also available.
The present Terms and Conditions are governed and interpreted under the Romanian legislation.
Any dispute arising out of these Terms and Conditions will be settled amicably within 15 working days after the User’s written notice. If the parties do not reach an agreement on the dispute, it will be addressed to the competent Romanian court.
Users can not give up their rights conferred by law. Any contractual clause that removes or limits the rights conferred by law to Users will not have any effect on them.
6.1 Alternative Dispute Resolution
Compared to court action, alternative dispute resolution mechanisms are usually quicker, more straightforward and less costly. They represent different ways of extrajudicial settlement of a claim that does not involve appearance in court.
Under EU law, dispute resolution entities are assessed by the Member States and must meet many quality requirements to ensure that they operate in an efficient, fair, impartial, independent and transparent manner. Generally, a result is reached within 90 days.
6.2 Online Settlement of Disputes
The https://ec.europa.eu/consumers platform is only for business and consumer disputes.
This site is free and available in all EU languages.
If you file the complaint through the online dispute resolution platform, the Company and the User will have to agree on an alternative dispute resolution entity to deal with the case. Please note that each resolution entity has its own rules and procedures, and some may also charge fees.
At any stage of the procedure, you can ask for information or help. There is a national contact point in every EU country that can help you with your sent/received complaint.
7. Limitation of Liability
Use of this Site is entirely your choice.
The information on this website has been included in good faith, but it is for general information only. You do not have to rely on them for any purpose whatsoever, and there is no interpretation or warranty as to their accuracy or completeness at the time you visit the website. Neither SC PSC Contractor & Developer SRL nor its employees will be liable for any loss, damage or expense arising from any access to or use of this website or any related website.
The Company or any other party involved in the design of the Site is not liable for any direct or indirect damage of any kind (That includes damages caused by viruses that could infect your computer, other elements or actions that may cause damage to the Internet and technologies, including the violation of information security) resulting from accessing or using this Site; Resulting from downloading any material, information, text or video on this Site. Although it will do its utmost to do so, the Company does not guarantee that the operation of the Site and the servers will be uninterrupted and error-free and that the use of the Website is risk-free.
If maintenance is required and the Site is not available for maintenance purposes, the Company will inform Users when accessing the Site.
The Company is not responsible for inaccurate and/or untrue personal data provided by Users, especially those offered by minors, to create the appearance of 18 years minimum age.
The User understands that PSC Contractor & Developer SRL has no control or obligation to act on:
- The content that is accessed by the User through the Site;
- The effect of content on the User obtained through the Site;
- The interpretation or User Use of Site Content;
- The actions took by the User as a result of accessing the Site’s content;
- The damage caused by errors, inaccuracies or inactivity of information published on the Site and originating from external sources;
- The damage created as a result of the non-functioning of the Site, as well as those resulting from the impossibility of accessing specific links published on the Site.
Disclaimer: These Terms and Conditions are valid starting with Feb. 25th, 2019 and they will remain valid, except for any changes in the future that will be applied immediately after being posted on this page. We reserve the right to update or modify these Terms and Conditions at any time. Using our site after posting any changes to the Terms and Conditions on this page will constitute your acknowledgment of these changes and your consent to comply with them.
If we make significant changes to these Terms and Conditions, we will notify you by placing a notice on our site.
Last update: Feb. 25th, 2019