TERMS & CONDITIONS
PRIVACY AND COOKIES POLICY
We are very pleased that you have decided to use the services of our Service.
We kindly ask you to familiarize yourself with the following Terms of Service and sales rules, which apply when you place an order on the Service. These Terms of Service set forth the rules for the use of the OnGeo Intelligence Service, through the official website of the Service, and the rules and procedures for concluding contracts for the sale of Digital Content - OnGeo Intelligence Satellite Photo Report - with the User at a distance, through the Service.
Acceptance of these Terms and Conditions of the Service implies the User's commitment to abide by them and declaration of knowledge of them.
Contact details of the Service Provider:
OnGeo LLC headquartered at 8 The Green, Suite E in the City of Dover. Zip code 19901
EIN: 32-0757417, FN: 2652875
e-mail address: CONTACT@ONGEO-INTELLIGENCE.COM
The Regulations enter into force on: 16.04.2024 r.
The current version of the Regulations is effective from 11.12.2024 r.
If you want to see previous versions of the Regulations, active links to these versions can be found at the very bottom of the document.
By accepting these Terms and Conditions, the User, declares that, for the purposes of these Terms and Conditions, he accepts the use of the following terms in the meaning given to them in the chapter entitled “Definitions”, unless in a specific provision of the Terms and Conditions, the Service Provider expressly gives them a different meaning. To emphasize that these terms are understood as defined in this chapter, they will be written hereafter in the Regulations with a capital letter.
Definitions of terms used in the Terms of Service:
SERVICE - is an Internet service available through the domain https://ongeo-intelligence.com , which allows the use of services provided by the Service, including for: generating Satellite Photo Report, using search engines and map tools.
SERVICE PROVIDER - an entity that provides the service of selling Digital Content (Satellite Photo Report) and is a party to the agreement with the User: OnGeo LLC headquartered at 8 The Green, Suite E in the City of Dover. Zip code 19901, EIN: 32-0757417, FN: 2652875, email address: CONTACT@ONGEO-INTELLIGENCE.COM.
USER - any entity or person using the Website, in particular a natural person with full legal capacity, a legal person and an organizational unit without legal personality, but having the capacity to perform legal acts, i.e. to incur obligations on their own behalf and acquire rights - placing an order on the Website.
CONSUMER - a natural person concluding a contract with the Service Provider on the Site, the subject of which is not directly related to his/her economic or professional activity.
ENTERPRISE UNDER CONSUMER'S RIGHTS - a natural person conducting a business activity, concluding a contract with the Service Provider - within the Service - which contract is directly related to that person's business activity, but from the content of this contract it is evident that it is not of a professional nature for that person - which is evident in particular from the subject of that person's business activity.
ENTERPRISE (PROFESSIONAL) - a natural person with full legal capacity, a legal person and an organizational unit that is not a legal person, to which legal capacity is granted by law - conducting in its own name a business activity, including professional activity, within the framework of which and for its needs it makes a purchase directly related to this activity on the Website, - and from the content of this agreement it follows that it is of a professional nature for this person - that is, he is not an Entrepreneur on the rights of a Consumer. Entrepreneurs do not enjoy the rights of a Consumer or the rights of an Entrepreneur on the rights of a Consumer.
ELECTRONIC PAYMENT OPERATOR - an entity through which payments are made by the User by electronic means, which is not a Service Provider within the meaning of these Regulations. This entity is responsible only for the transfer of payments between the User and the Service Provider. The terms and conditions for the use of an electronic payment operator are available on the website of the respective operator. The list of Operators cooperating with the Website can be found in the Regulations and Privacy Policy - Privacy and Cookies Policy - § 6 Payment Operators.
REGULATIONS - this document defining the rules of using the Website and buying available products.
ONGEO INTELLIGENCE SATELLITE PHOTO REPORT (hereinafter: Satellite Photo Report or Report) - itis a way to obtain small fragments of satellite imagery - satellite photos. The Report provides both the original data package and the images, sharpened using artificial intelligence, in the form of an easy-to-use PDF document. It is a series of temporal satellite imagery of very high but also low resolution, collected by various commercial and non-commercial satellite constellations, and reflects short-term changes in specific areas.
DIGITAL CONTENT - data produced and delivered in digital form, e.g., SATELLITE IMAGING REPORT.
DIGITAL ENVIRONMENT - computer hardware, software and network connections used by the User to access or use Digital Content. The minimum technical requirements are indicated by the Service Provider in these Terms and Conditions.
DISTANCE CONTRACT - a contract concluded between the Service Provider and the User within an organized system of concluding contracts at a distance, through the Service without the simultaneous physical presence of the parties, with the exclusive use of one or more means of remote communication up to and including the conclusion of the contract.
SALE AGREEMENT - an agreement for the sale and delivery of Digital Content - Satellite Photo Report (hereinafter: Agreement), concluded between the Service Provider and the User through the Service, under which the Service Provider, upon confirmation thereof, undertakes to deliver the Digital Content (Satellite Photo Report) to the User.
EUROPEAN UNION - (hereinafter: EU) economic and political union of 27 democratic European countries.
EUROPEAN ECONOMIC AREA - (hereinafter: EEA) free trade zone and common market, comprising the countries of the European Union and the European Free Trade Association (EFTA), with the exception of Switzerland.
2.1. Introduction.
2.1.1. The Service Provider reserves the right to change the Terms of Service, in particular due to changes in the legal status, technological development of the Service or caused by the expansion of the scope of services provided by the Service. For agreements concluded before the change of the Terms of Service, Users will apply the version of the Terms of Service in force on the date of conclusion of the Agreement with the Service Provider. The Service Provider will not inform Users about the above changes directly, but by publishing the changes on the Service website. The User is obliged to familiarize themselves with the Terms of Service before using the Service, in particular before registering an account on the Service or placing an order. Archived versions of the Terms of Service will be available for the User to view on the Service website.
2.1.2. The Service Provider may enter into separate agreements in writing with the User. In the event of a discrepancy between the Terms of Service and the provisions of the agreement, the provisions of the agreement shall prevail.
2.1.3. The Service Provider informs that during the course of its business it is entitled to organize various types of promotional campaigns. For this purpose, separate Promotion Regulations will be created for a given campaign, containing, among other things, the terms of participation and use of the promotion. This means that during the term of a given promotion it is possible to temporarily exclude the provisions of these Regulations in favor of the provisions of the Promotion Regulations. For the User who takes advantage of a given promotion, the provisions of the given Promotion Regulations will be binding, during the term of the promotion, with priority to these Regulations.
2.1.4. The Service Provider may send Users commercial and marketing information on goods and services offered by the Service Provider or entities cooperating with it (newsletter) to the e-mail addresses provided by them, provided that the User has previously expressed consent to receive them. The User may withdraw the consent at any time. The newsletter agreement is concluded at the moment of sending a confirmation e-mail from the Service Provider to the User's e-mail address. Both Parties have the right to terminate the newsletter agreement with immediate effect.
2.2. Technical requirements for Users.
2.2.1. The Service Provider shall take appropriate actions to ensure the proper functioning of the Service, including using appropriate tools to enable this or services of third parties.
2.2.2. In order to use the Service (browse it) and place an order, Users must meet the minimum technical requirements, such as:
2.2.2.1. Possession of a device: laptop, desktop computer, smartphone, tablet or other functional portable multimedia device with access to the Internet;
2.2.2.2. A properly configured, up-to-date version of a web browser, e.g.: Google Chrome, Mozilla Firefox, Microsoft Edge, Opera, Internet Explorer, Safari;
2.2.2.3. Properly configured and active e-mail;
2.2.2.4. Enabling the option of saving: Cookies and Javascript support in the web browser;
2.2.2.5. Avoiding AdBlock-type plugins and similar ones that may disrupt the proper functioning of the Service.
2.2.3. If Users use computer equipment or software that does not meet the technical requirements listed above, the Service Provider does not guarantee the proper functioning of the Service and reserves that this may have a negative impact on the quality of the services provided electronically.
2.2.4. The Service Provider takes steps to ensure the fully proper functioning of the Service. The User should inform the Service Provider of any irregularities or interruptions in the functioning of the Service.
2.3. Threats to the User associated with the use of services provided electronically.
2.3.1. The Service Provider informs that using the Internet may involve the risk of suffering damage as a result of threats occurring on the Internet, and in particular the risk of hacking into the User's computer system and taking over passwords by third parties or infecting the User's computer system with viruses.
2.3.2. The User should not provide any confidential information such as the password to their e-mail to the Service Provider's employees or any other third parties. They should use antivirus programs on their devices and update the software on an ongoing basis.
2.3.3. In order to ensure the security of messages and data transmitted on the Service, the Service Provider takes technical and organizational measures to prevent unauthorized persons from obtaining and modifying such data.
2.4 Intellectual property.
2.4.1. The Service Provider allows the User to browse the database of materials constituting the content of the Service. In no case may the use of the Service be interpreted as the acquisition by the User of any rights to the works contained in the Service. The User may use these works only within the scope of permitted use. In particular, it is prohibited to copy them in whole or in part, as well as to make them publicly available as one's own, omitting the Service Provider's data.
The Service Provider agrees to place the URL address of the Satellite Image Report, during its activity on other websites for information purposes - however, for its legal use, it is necessary to mark the source of the URL address on these pages - i.e. mark the Service Provider's Service. It is prohibited to use the above-mentioned publication in this respect. URL address on pages containing content that is illegal, violates or may violate the personal rights of other persons or entities, good customs or principles of social coexistence, including generally applicable principles and standards, in particular, this refers to content with sexual overtones and any content bearing pornographic features. In the event of a breach of the prohibition referred to in the previous sentence, the Service Provider is entitled to immediately deactivate the URL address and report the violations to the appropriate authorities, and, depending on the decision, block the User's account or delete it. In such a situation, the User is not entitled to a refund of the fee or the equivalent of Points.
In the event that the amount of materials downloaded from the Service indicates that they are being copied, not viewed, the Service Provider will be entitled to block the User's access to the Service, to which the User agrees.
2.4.2. The content posted on the Service, as well as the graphic elements of the Service, their layout and composition, constitute works and are the property of the Service Provider. Without the express written consent of the Service Provider, their use by Users constitutes a violation of the law.
2.5. Liability of the Service Provider and the User. Prohibition of Users providing and sharing content on the Service that is illegal and inconsistent with public order and good customs.
2.5.1. Users may use the functions of the Internet Service provided in a manner consistent with the Regulations and applicable legal provisions and in a manner that does not disrupt the functioning of the Service and its use by other Users.
2.5.2. In order to ensure the security of messages and data transmitted on the Service, the Service Provider takes technical and organizational measures to prevent unauthorized persons from obtaining and modifying such data.
2.5.3. The Service Provider shall not be liable to Users, in particular for restrictions in access to the Service caused by force majeure, system failures or devices beyond the control of the Service Provider.
2.5.4. In the event that any entity files claims against the Service Provider related to the User's violation of the provisions of these Regulations, generally applicable law and customs or generally applicable norms, the User shall immediately enter into a dispute and is obliged to release the Service Provider from liability in this respect. The User is obliged to repair any damage caused in connection with filing claims against the Service Provider, including reimbursement of all incurred legal and other costs. The above provisions apply to all types of proceedings based on the User's violations.
2.5.5. Any actions by the User that jeopardize the good name of the Service or the Service Provider or are aimed at causing damage to the aforementioned, as well as actions aimed at hindering the use or preventing the functioning of the Service, actions aimed at violating the principles of public order and good customs, will result in temporary or permanent blocks of the e-mail addresses of the given User, and in addition, taking legal steps provided for in the provisions of law.
2.5.6. The Service User is obliged to refrain from any activities that could affect the proper functioning of the Service, including in particular any interference with the content of the Service or its technical elements. The Service User is also obliged to refrain from providing and transmitting content that is against the law, including in particular offensive or vulgar content, inciting violence or other actions contrary to the law, public order or good customs, as well as violating or potentially violating the personal rights of other third parties or entities, good customs or principles of social coexistence, including generally applicable principles and norms, in particular this refers to content with sexual overtones and any content bearing pornographic characteristics.
3.1. Orders.
3.1.1. In order to conclude a purchase agreement for the Satellite Image Report with the Service Provider, the User is required to provide a valid e-mail address to which an e-mail containing confirmation of the conclusion of the agreement will be sent.
3.1.2. Providing the User's personal data to the Service Provider is voluntary, but failure to provide it will prevent the provision of services. The User's personal data are processed in accordance with the Service Provider's Privacy Policy.
3.1.3. The conclusion of the Satellite Image Report Purchase Agreement takes place at the time of acceptance and explicit confirmation by the Service Provider of the order placed by the User, in the form of sending to the e-mail address indicated by the User a message about the acceptance of the offer by the Service Provider and confirmation of the conclusion of the agreement. The order is processed as soon as possible, after its confirmation by the Service Provider - i.e. confirmation of the conclusion of the agreement. The order fulfillment usually takes up to several hours, however high-resolution photos can be generated up to 48 hours. After this time, the User and the Service Provider have the right to partially withdraw from the Agreement, but only with respect to this specific undelivered photo - due to the impossibility of fulfilling the Agreement in this respect. In connection with this, the User is entitled to a refund of the price paid for this part of the order - only for this specific undelivered photo.
3.1.4. The User has the option of using the Satellite Image Reports offered by the Service. Due to the fact that the data constituting the basis of the Report comes from external entities, the report is of an auxiliary/illustrative nature only and cannot constitute the exclusive basis for the User to take legal action or steps. The Service Provider is not responsible for the truthfulness and reliability of the data provided by third parties, including public institutions, in connection with the above, the User acknowledges and accepts the fact that the information presented may not be complete due to the lack of availability of the source data and may be incorrect due to errors in the source data. The purpose of the report is to provide the User with the widest possible range of information, but before making a final decision, the User should verify the actual state of affairs directly with the institutions and offices that are the administrators of the source data. In connection with the above, the Service Provider does not guarantee the correctness or completeness of the information contained in the Report and is not responsible for its correctness and completeness.
3.1.5. Ordering a Satellite Image Report (digital product) consists in the Service Provider providing the User with information in the form of an Electronic Report (satellite imagery) created on the basis of selected source data (spatial), available for the area specified by the User. After paying for the service, the Report will be available to the User in digital form in PDF format and in the form of an individual URL address. The report available in the form of an individual URL address will be active for 3 months from the date of purchase (after the expiry date of the URL address, the report will be available only in PDF format).
3.2. Price.
3.2.1. The service is paid in accordance with the applicable price list. After selecting the appropriate parameters, the User will receive information on the amount of the fee. The price of the service is given in USD - however, the User can pay in their native currency (in particular: PLN, EUR, etc.). Its amount depends on the selected date range, area and resolution of the source satellite imagery.
3.2.2. The Service Provider reserves the right to make changes to the price of the service on an ongoing basis. This right does not affect the value of the order placed before the date of the price change. The Service Provider will inform Users about such a change.
3.2.3. It is possible to obtain a VAT invoice for the User. The invoice will be sent by the payment intermediary stripe. The User's indication of the data for issuing a VAT invoice in the form of a Tax Identification Number/or the appropriate number and the company name of the entrepreneur means expressing the will to conclude the Sales Agreement as an Entrepreneur (professional).
3.3. Payment and order fulfillment.
3.3.1. We accept payments in various forms, including online transfer, classic transfer, blik, card payment, Google Pay. In connection with using the services of the Electronic Payment Operator, the User acknowledges and accepts the fact that the accounting document will be issued to the Service Provider, and the payment is made to the Operator's account. In case of questions or doubts, we encourage you to contact us.
3.3.2. The regulations for using the services of the Electronic Payment Operator are available on the website of the given Operator. The list of Operators cooperating with the Service can be found in the Regulations and Privacy Policy tab - Privacy and cookie policy - in § 6 "Payment Operators".
3.3.3. If the payment method indicated by the user cannot be verified, is invalid or cannot be confirmed for other reasons, the Service Provider has the right not to confirm the submitted offer, and therefore not to conclude the Agreement.
4.1. Inconsistency of digital content with the Agreement:
4.1.1. The Service Provider makes every effort to ensure that the Satellite Image Report offered on the Service complies with the Agreement (with the order placed by the User) and to enable the User to use it in a manner consistent with the Agreement. For this purpose, the Service Provider informs the User in a clear and understandable manner, in these Regulations, which the User is obliged to familiarize themselves with before concluding the Agreement, about all important requirements and obligations, also on the part of the User, in particular about the need for compatibility of the User's Digital Environment with the minimum technical requirements of the Service Provider. The User is obliged to cooperate with the Service Provider to a reasonable extent and using the least burdensome technical means for themselves, in order to determine whether the non-compliance of the Report at a specific time results from the characteristics of the User's Digital Environment. The lack of such cooperation on the part of the User excludes the Service Provider's liability for the non-compliance of the Report with the Agreement.
4.1.2. If the Satellite Image Report delivered by the Service Provider is non-compliant with the Agreement (with the order placed by the User), and the User demonstrates these non-compliances (in accordance with the provisions of item 4.1.3), they may then request their removal - bringing the Report into compliance with the Agreement (with the order placed).
4.1.3. A Report non-compliant with the Agreement (with the order placed by the User) is only considered to be a Report that:
4.1.3.1. contains satellite images acquired at a different time than the one selected during purchase (indicated in the User's order) or
4.1.3.2. contains photos from a location other than the one indicated during purchase (in the User's order), or
4.1.3.3. contains satellite photos with a resolution other than the one ordered by the User (indicated in the User's order).
4.1.4. The specific resolution is responsible for the sharpness of the image and the ability to recognize elements of different sizes on it. High resolution guarantees the ability to observe small elements such as cars or houses, while low resolution is used to observe large objects such as city limits, the coastline of large water reservoirs, or large agricultural fields, etc.:
4.1.4.1. resolution 0.3 m (30 cm) - Very high:
Satellites with a resolution of 0.3 m offer exceptionally detailed images, on which objects of about 30 cm in size can be seen. This means that each pixel in the photo represents an area of 30x30 cm on Earth. Thanks to this resolution, it is possible to recognize details such as individual cars, trees, roofs of buildings, and even lines on the road.
4.1.4.2. 0.4 m (40 cm) resolution - High:
Satellites with a resolution of 0.4 m provide images with slightly less detail, but still clear enough to recognize cars, buildings, and other larger objects. Each pixel in such an image covers an area of 40x40 cm.
4.1.4.3. 0.5 m (50 cm) resolution - Good:
A resolution of 0.5 m provides images in which larger objects, such as cars, buildings, or groups of trees, can still be recognized. Smaller details, such as individual people or small objects, become more difficult to distinguish. Each pixel in such an image covers an area of 50x50 cm.
4.1.4.4. 1.5 m resolution - Medium:
Images with a resolution of 1.5 m are less detailed, meaning that you can mainly see larger objects, such as buildings, roads, rivers, and lakes. Smaller details, such as vehicles or individual trees, disappear or become difficult to distinguish. Each pixel covers an area of 1.5x1.5 m
4.1.4.5. 10 m resolution - Low:
Images with a resolution of 10 m are relatively undetailed, and each pixel covers an area of 10x10 m. Such images do not allow you to see details such as individual buildings or vehicles, but they allow you to analyze large areas. You can recognize features such as city limits, large bodies of water, or vast fields of crops. The Service Provider provides the User, before purchasing the Satellite Image Report, with a detailed description of the available types of resolution in these Regulations, with information on which resolution allows for the observation of which specific item 4.1.5. above. Based on this information, the User is able to determine, even before making a purchase, how clear the satellite imagery they are buying and whether it will be useful to them. The User's invocation after purchasing the Satellite Image Report of the argument that the purchased satellite image is not sufficiently clear (and therefore useful) as a premise for withdrawing from the Agreement due to the Report's inconsistency with the order (Agreement) is excluded (dropped out), precisely because of the prior familiarization with the descriptions of the types of resolution. The Service Provider will not take into account the Report's inconsistency with the Agreement if the User invokes this aforementioned premise - circumstance. The determination of inconsistency with the Agreement on this basis is excluded. The User acknowledges and accepts this fact.
4.1.5. Before purchasing the Satellite Image Report, the Service Provider provides the User with a detailed description of the available resolution types in these Regulations, with information on which resolution enables the observation of which specific objects - letter D, point 1 above. Based on this information, the User is able to determine, even before making a purchase, how clear the satellite imagery they are purchasing and whether it will be useful to them. The User's invocation after purchasing the Satellite Image Report of the argument that the purchased satellite image is not clear enough (and therefore useful) as a premise for withdrawing from the Agreement due to the non-compliance of the Report with the order (Agreement) - is excluded (dropped out), precisely because of the prior familiarization with the descriptions of the resolution types. The Service Provider will not take into account the non-compliance of the Report with the Agreement if the User invokes this aforementioned premise - circumstance. Determining non-compliance with the Agreement on this basis is excluded. The User acknowledges and accepts this fact.
4.1.6. Before making a purchase of the Satellite Image Report, the Service Provider provides the User with an illustrative photo - with reduced resolution, but showing real cloud cover on the date and place selected by the User. Based on this photo, the User is able to determine before making a purchase whether the cloud cover is acceptable to them, and therefore the product is useful. Referring in particular to excessive cloud cover and illegibility of the photo for this reason as a premise for withdrawal from the Agreement due to the non-compliance of the Report with the order (Agreement) - is excluded (dropped out), precisely because of the earlier display, visibility of this cloud cover to the User. The Service Provider will not take into account the non-compliance of the Report with the Agreement if the User refers to this aforementioned premise - circumstance. Determining non-compliance with the Agreement on this basis is excluded. The User acknowledges and accepts this fact.
4.1.7. The inconsistency of the Report with the Agreement shall not be deemed to be the inconsistency of the data contained in the Report with the actual state, because the data constituting the basis of the Report comes from external entities, the Service Provider is not responsible for the truthfulness and reliability of the data provided by third parties, including public institutions, in connection with the above, the User acknowledges and accepts the fact that the information presented may not be complete due to the lack of availability of the source data and may be incorrect due to errors in the source data. In connection with the above, the Service Provider does not guarantee the correctness or completeness of the information contained in the Report with the actual state, and is not responsible for their correctness and completeness - in accordance with the information provided in item 3.1.4 of these Regulations.
4.1.8. The Service Provider is responsible for the lack of compliance of the Report with the Agreement (placed order), referred to in the above. in item 4.1.3., if the inconsistency existed at the time of delivery of the Report or became apparent within a certain period of time specified in national law, established for a given User according to their address of residence. Statutory warranty periods may vary depending on the regulations of a given country. In the EU, the warranty period is always at least 2 years from the date of delivery.
4.1.9. The Service Provider may refuse to bring the Report into compliance with the Agreement if bringing it into compliance with the Agreement is impossible or would require excessive costs for the Service Provider. In such a situation, the Service Provider withdraws from the Agreement concluded with the User in the relevant part or in whole and returns to the User the price paid for that part or in whole of the Agreement. The User is not entitled to claim compensation against the Service Provider for the Service Provider's withdrawal from the Agreement in part or in whole.
4.1.10. The Service Provider shall bring the Report into compliance with the Agreement (with the placed order) within a reasonable time, counted from the moment the User informs it of the lack of compliance with the Agreement, and without excessive inconvenience to the User, taking into account the nature and purpose of the Agreement. The costs of bringing the Report into compliance with the Agreement shall be borne by the Service Provider.
4.1.11. If a specific Report (i.e. one of the satellite images constituting this Report) is inconsistent with the Agreement (item 4.1.3), the User may submit a declaration of a price reduction or withdrawal from the Agreement, but only in the scope of that specific satellite image and only and exclusively in the situations described below - 4.1.12.1-4. Withdrawal from the Agreement applies only and exclusively to that specific satellite image that is inconsistent with the Agreement (partial withdrawal). In such a case, the User is not entitled to withdraw from the Agreement in its entirety (i.e. also from the part that is consistent with the Agreement). In such a case, the User is also not entitled to a claim for damages from the Service Provider.
4.1.12. If the Report is inconsistent with the Agreement (satellite image), the User may submit a declaration of price reduction or a declaration of withdrawal from the Agreement in respect of that specific inconsistent image, when:
4.1.12.1. bringing this Report into compliance with the Agreement is impossible or requires excessive costs;
4.1.12.2. The Service Provider has not brought the Report into compliance with the Agreement;
4.1.12.3. the lack of compliance of the Report with the Agreement persists, despite the Service Provider's attempts to bring it into compliance with the Agreement;
4.1.12.4. it is clear from the Service Provider's declaration or circumstances that he will not comply with the request to bring it into compliance with the Agreement within a reasonable time or without excessive inconvenience to the User.
4.1.13. A Report that is not in accordance with the Agreement (with the order placed by the User) shall not be deemed to be incompatible with the Agreement if its inconsistency with the Agreement is immaterial, i.e. it does not affect the correctness and possibility of using the Report in accordance with the purpose of the concluded Agreement;
4.1.14. After withdrawing from the Agreement, the User is obliged in particular not to download the Report again, and also to remove the previously downloaded Report from all media, and the User is also prohibited from using in any way the content and information and any data contained in the Report, from the moment the User submits an effective declaration of withdrawal from the Agreement. The User is obliged to return to the Service Provider everything that was provided to him together with the transfer/return of the Report. In the event of different conduct of the User, the Service Provider is entitled to claim compensation from the User for the aforementioned unlawful conduct.
4.1.15. Complaints may be submitted in writing (in paper form) to the correspondence address of the Service Provider, or by e-mail to the e-mail address of the Service Provider (contact details are provided at the beginning of the Regulations). In the complaint, the Customer should provide:
4.1.15.1. data enabling identification of the Customer and the order, i.e. the e-mail address from which the purchase was made and the order number - if applicable;
4.1.15.2. date and type of non-compliance of the Report with the Agreement (with the placed Order) according to the provisions of item 4.1.3 - referring to at least one of the premises listed therein;
4.1.15.3. requests related to the complaint.
4.1.16. Complete complaints will be considered by the Service Provider within 14 days. In the event of receiving an incomplete complaint, the Service Provider will request the User to complete it within a specified time. The Service Provider will respond to a complete complaint within 14 days from the date of receipt of the complaint and will inform the User about further proceedings, to the e-mail address of the person filing the complaint or in the same way in which the User contacted them or in another way agreed with the User. The Service Provider will process the User's personal data in order to consider the complaint in accordance with the "Privacy Policy".
4.2. Right to withdraw from the Agreement:
4.2.1. The Satellite Image Report is a digital product and under these Regulations, the User is not entitled to return the Report, and therefore is not entitled to withdraw from the Report Purchase Agreement concluded with the Service Provider, except for the situation described in item 3.1.3 and items 4.1.11. and 4.1.12.
4.2.2. The User cannot withdraw from the Satellite Image Report Purchase Agreement from the moment of concluding the Agreement with the Service Provider (placing the order) in accordance with item 3.1.3, because after the User places an order for the Report (these specific and individual satellite images), the Service Provider places a specific and individualized order for the satellite image with its supplier. Therefore, the digital service has already begun. All the more, the User cannot withdraw from the Agreement (placed order) also after the delivery of the digital product - downloading the Satellite Image Report - because at the time of delivery of the digital product, the full implementation of the Agreement takes place.
4.2.3. The User is obliged to familiarize themselves with the provisions of these Regulations before purchasing the Report, and then comply with them. The conclusion by the User of the Satellite Image Report Purchase Agreement with the Service Provider is tantamount to acceptance of all the provisions of these Regulations.
4.3. Price and method of refund:
4.3.1. The Service Provider is obliged to refund the price only in the part in which the Report is inconsistent with the Agreement (i.e. in the part in which the Agreement was withdrawn) - as referred to in item 4.1.11. and 4.1.12. The User has no right to demand from the Service Provider a refund of the price paid for the entire Agreement (all purchased satellite images) if only one of them is inconsistent with the Agreement (order placed). The Service Provider is also obliged to refund the price in a situation in which the obligation to deliver the Report has ceased as a result of withdrawal from the Agreement in the case referred to in item 3.1.3. (if applicable).
4.3.2. The Service Provider is obliged to refund the price to the User immediately, but no later than within 14 days from the date of receipt of the User's effective declaration of withdrawal from the Agreement or price reduction (if applicable).
4.3.3. The Service Provider shall refund the price using the same method of payment as used by the User.
4.4. Professional entrepreneurs:
4.4.1. The provisions of items 4.1, 4.2 and 4.3 refer to the Consumer and the Entrepreneur with the rights of the Consumer, they do not refer to Entrepreneurs (professional) - in accordance with the Definitions contained in these Regulations.
4.4.2. The provisions of Chapter 4.4 of these Regulations apply to Service Users who are Entrepreneurs (professional), also in accordance with the Definition contained in these Regulations.
4.4.3. In the case of sale of Digital Content (Satellite Image Report) in trade between entrepreneurs, the parties to the Agreement (Service Provider and Professional Entrepreneur) exclude the Service Provider's liability under the warranty and exclude the possibility of withdrawal from the Agreement by the Entrepreneur (professional).
4.4.4. The Service Provider has the right to withdraw from the Agreement concluded with the User who is a Professional Entrepreneur without giving a reason, within 14 calendar days from the date of its conclusion, by sending the User an appropriate statement, also electronically to the e-mail address provided by him when placing the order. This procedure does not give rise to any claims against the Service Provider.
4.4.5. In relation to Users who are Entrepreneurs (professionals), the Service Provider has the right to independently indicate and limit the available payment methods, regardless of the method of payment chosen by the Entrepreneur or the conclusion of the Agreement.
4.4.6. The total liability of the Service Provider towards the User who is an Entrepreneur (professional) for failure to perform or improper performance of the Agreement is limited to the amount of the price paid for the Report in the event of intentional damage. The Service Provider is not liable for lost profits towards the Entrepreneur (professional).
4.4.7. Any disputes between the Service Provider and the User who is a Professional Entrepreneur shall be settled by a court with jurisdiction over the seat of the Service Provider.
4.4.8. The Professional Entrepreneur may request the Service Provider to conclude a separate Satellite Image Report Sales Agreement, on individually agreed terms.
5.1. Access to the EU online dispute resolution platform can be obtained via the following link: http://ec.europa.eu/consumers/odr
6.1. Provisions regarding privacy and protection of Users' personal data are included in the "Privacy Policy."
7.1. These Terms and Conditions are subject to American law. The User submits to the jurisdiction of the courts in Dover, in order to resolve any disputes that may arise under the concluded Agreement and the Terms and Conditions.
7.2. In the case of Users residing in the EU and EEA, any disputes arising from these Terms and Conditions will be resolved on the basis of the law applicable in their place of residence. The User may file a claim to enforce their rights in the field of consumer protection, regulated in these Regulations, in the EU country where they reside, to the appropriate authority.
7.3. If personal data are provided by the User for the purposes of using the Service, the Service Provider processes them in accordance with the provisions of the "Privacy Policy."
7.4. Failure by the Service Provider to exercise their right does not result in the loss of this right or waiver of it. The User may not transfer their rights to other entities. If the Service Provider does not assert all of their rights at a given time, in the event of a breach of the Terms of Service by the User, it cannot be considered that they waive these rights - such a waiver requires an express written statement signed by the Service Provider.
7.5. Recognition of any part of the Terms of Service as unenforceable in the light of the law does not affect the remaining parts of the Terms of Service - in such a situation, the remaining provisions of the Terms of Service remain in force.
7.6. The User agrees to comply with all US and federal, state and local laws and regulations applicable to the use of the Service. Users residing in countries on the U.S. Office of Foreign Assets Control sanctions list, currently including Cuba, Iran, North Korea, Sudan, and Syria, or who are foreign individuals or entities blocked or denied by the United States government, are prohibited from posting or accessing information or content available through the Service. You warrant and represent that you are not residing in a country on the U.S. Office of Foreign Assets Control sanctions list or are not a foreign individual or entity blocked or denied by the United States government from posting or accessing information or content available through the Service.
U.S.-based OnGeo LLC complies with the Data Privacy Framework ("DPF") obligations established between the United States and the European Union and between Switzerland and the United States. The DPF principles apply to the collection, use, sharing and storage of personal data from the European Economic Area ("EEA"), the United Kingdom ("UK"), Gibraltar and Switzerland, (EU-US, including the extension to the UK, and Switzerland-US).
If you want to learn more about DPF then go to the website:
https://www.dataprivacyframework.gov/s/participant-search/participantdetail?id=a2zt0000000TR15AAG&status=Active
For detailed information about our data processing, including the purposes of data processing, recipients and your rights, please refer to the following section of this document. We encourage you toread this Privacy Policy applicable to the Website you are using.
U.S.-based OnGeo LLC is subject to oversight by the U.S. Federal Trade Commission and is responsible for transferring personal data to third parties who process it on our behalf. To file a complaint regarding DPF compliance, please contact us at CONTACT@ONGEO-INTELLIGENCE.COM You may also file a complaint with an independent dispute resolution body of your choice, and in certain cases, initiate arbitration proceedings regarding DPF compliance.
We ensure that all security and personal data protection measures are taken, in accordance with the implemented internal procedures, using appropriate technical and organizational measures that meet the requirements of generally applicable laws. Personal data are collected with due diligence and properly protected - only authorized persons who are obliged to keep the data confidential have access to your personal data.
Nevertheless, you should be diligent in securing your personal information transmitted over the
Internet, in particular, do not disclose your login information to third parties, use anti-virus protection and keep your software up-to-date.
Details are described in 3. titled "Privacy Policy of the Website".
Our Service, like almost all other websites, uses cookies and other technologies to provide you with the best user experience. The Website does not automatically collect any information except that contained in cookies.
We use analytics tools that collect anonymous information about your visit to the site, such as the pages you viewed, the time you spent on the site, and transitions between pages. Google's cookies for the Google Analytics service are used for this purpose.
Details of cookies can be found in 4. titled "Cookie Policy".
We would like to inform you that we reserve the right to make changes to the "Privacy Policy", and each of you is obliged to know the current "Privacy Policy". The reason for the changes may be the development of Internet technology, changes in generally applicable law or the development of the Service through, for example, our use of new tools.
By accepting this Privacy Policy, the User, declares that, for the purposes of these Terms and Conditions, he/she accepts the use of the following terms as they are defined in the section entitled "Definitions of Terms Used in the Privacy Policy", unless in a specific provision of the Privacy Policy, the Service Provider expressly gives them a different meaning. To emphasize that these terms are understood as defined in this chapter, they will be capitalized throughout the rest of the Privacy Policy.
Personal data - means information about an identified or identifiable natural person ("data subject"); an identifiable natural person is one who can be identified, directly or indirectly, inparticular on the basis of an identifier such as a name, an identification number, location data, an online identifier, or one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of the natural person;
Processing - means an operation or set of operations performed on personal data or sets of
personal data in an automated or non-automated manner, such as collecting, recording,
organizing, structuring, storing, adapting or modifying, retrieving, viewing, using, disclosing by
transmission, dissemination or otherwise making available, matching or linking, limiting,
erasing or destroying;
Personal data controller - the entity responsible for data processing - means a natural or legal
person, public authority, unit or other entity that alone or jointly with others determines the
purposes and means of processing personal data;
Processor - means a natural or legal person, public authority, entity or other entity that
processes personal data on behalf of the controller;
Third Party - A third party is a natural or legal person, public authority, organizational unit or
other entities other than the data subject, controller, processor and persons who, under the
authority of the controller or processor, may process personal data;
Consent - "Consent" of a data subject means a voluntary, specific, informed and unequivocal
demonstration of will by which the data subject, in the form of a statement or explicit
affirmative action, consents to the processing of personal data concerning him or her.
3.1. WHO IS THE CONTROLLER OF YOUR PERSONAL DATA?
The Administrator of the personal data collected through the website ongeo-intelligence.com is OnGeo LLC, located at 8 The Green, Suite E in the City of Dover, United States. Zip code 19901, hereinafter referred to as the "Administrator". If you have any concerns regarding the "Privacy Policy", you may contact us by sending an e-mail to: CONTACT@ONGEO-INTELLIGENCE.COM
3.2. ON WHAT LEGAL BASIS DO WE PROCESS YOUR PERSONAL DATA?
We attach great importance to the security and legality of the processing of our Users' personal data. Personal data is processed in accordance with the Data Privacy Framework established between the United States and the European Union and between Switzerland and the United States. The DPF principles apply to the collection, use, sharing and storage of personal data from the European Economic Area ("EEA"), the United Kingdom ("UK"), Gibraltar and Switzerland, (EU-US, including the extension to the UK, and Switzerland-US). If you want to learn more about DPF then go to:
https://www.dataprivacyframework.gov/s/participant-search/participantdetail?id=a2zt0000000TR15AAG&status=Active
3.3. WHO CAN BE THE RECIPIENT OF YOUR PERSONAL DATA?
The catalog of recipients of the personal data processed by us is primarily based on the scope of services you use. The recipient of your data is primarily OnGeo LLC as the Data Controller. In situations where this is the case, the recipients of your data are also the following categories of entities: providers of hosting, data communications or software maintenance services, entities handling electronic payments or payment card payments on our Website, as well as providers of legal or consulting services, and other administrative or technical services not already mentioned, e.g. external accountants, graphic designers, IT specialists, copywriters. The indicated entities process personal data on the basis of a personal data processing entrustment agreement with OnGeo LLC and only in accordance with the instructions of OnGeo LLC. All entities entrusted with the processing of personal data guarantee the application of appropriate measures for the protection and security of personal data required by law.
3.4. IS YOUR PERSONAL DATA TRANSFERRED TO THIRD COUNTRIES (OUTSIDE THE EUROPEAN ECONOMIC AREA)?
Your personal data is transferred to the United States of America (USA) due to the location of the Data Controller. In addition, due to the use of Google services, due to their storage on US servers (in whole or in part). Google uses compliance mechanisms provided by the DPF (e.g. certificates) or standard contractual clauses. You will find detailed information on this subject in the content of this provider's privacy policy, available on its website: Google: https://policies.google.com/privacy
3.5. WHAT TYPE OF PERSONAL DATA DO WE PROCESS AND WHAT IS THE PURPOSE AND LEGAL BASIS FOR PROCESSING AND WHAT IS THE PERIOD FOR STORING PERSONAL DATA?
Your personal data may be processed for different purposes and on different legal bases depending on which functionalities of our Service you use. The Service does not collect any information automatically, except for the information contained in cookies. In particular, the purpose of obtaining personal data from you is to take advantage of the service of buying a digital product - Satellite Imagery Report, but also to carry out marketing activities, market and statistical analysis, improve the quality of services, fulfill relevant legal obligations incumbent on the Administrator, including in connection with the following functionalities:
3.5.1. Placing an order.
Your personal data provided in connection with placing an order for a service (in particular: e-mail address; and, if applicable: first and last name, contact telephone number; and in the case of nonconsumer Customers, additionally company name, company address and tax identification number [NIP] or other appropriate), are or may be processed for the following purposes:
3.5.1.1. the execution of your order and the performance of the concluded contract - in particular, to confirm its placement or shipment to you, as well as to contact you about it, if necessary;
3.5.1.2. establishing, defending and asserting claims that may arise in the context of the contractual relationship between you and the Administrator, and other purposes that are necessary to pursue the legitimate interests of the Administrator or a third party;
3.5.1.3. issuance and retention of invoices and accounting documents, and processing of complaints and returns within the time and form prescribed by law;
In any case, providing personal data is voluntary, but necessary to place an order on the Service. Browsing the Service does not require you to provide personal information.
 3.5.2. Storage period
In order to process your order, we will process your data by:
3.5.2.1. the period of performance of the contract, unless we are required by law to process the data for longer, or we will keep the data longer in case you have any claims against us, for the period of limitation prescribed by law;
3.5.2.2. until you successfully object to personal data processed on the basis of the controller's legitimate interests, including for direct marketing purposes;
3.5.2.3. or for other purposes arising from the pursuit of our legitimate interests. In each case, the longer term of storage of personal data is decisive.
3.5.3. Invoices.
If we issue you an invoice in connection with your order, we process your personal data for this purpose to the extent necessary to issue the invoice - fulfillment of the Administrator's legal obligation. In addition, all issued invoices are included in the accounting documentation, so your data will naturally be processed as part of this documentation.
3.5.3.1. Storage period
In order to issue an invoice, we will process your data for the period of time required. For personal data involving compliance with obligations under these laws or for other purposes arising from the fulfillment of our legitimate interests. In each case, the longer term of storage of personal data is decisive.
3.5.4. Visiting the Service.
When you use the Service, additional information may be collected from you, in particular: the IP address assigned to your computer or your ISP's external IP address, domain name, browser type, access time, operating system type. Navigation data may also be collected, including information about the links and references you choose to click on or other actions you take on the Website based on the Administrator's legitimate interest in facilitating the use of electronically provided services and improving the functionality of such services.
3.5.4.1. Storage period
In order to visit the Website, we will process your data until it becomes obsolete or no longer useful - with respect to personal data processed primarily for analytical, statistical or cookie usage purposes, or for other purposes arising from the pursuit of our legitimate interests. In each case, the longer term of storage of personal data is decisive.
3.5.5. Conducting e-mail and traditional correspondence.
When contacting us, you provide us with your data (e.g. name, e-mail address, telephone number). If you direct correspondence to us by e-mail or by mail, the data are processed solely for the purpose of communication and handling of the matter to which the correspondence relates. In this case, the basis for processing personal data is the Administrator's handling of correspondence addressed to it in connection with the operation of the Service.
3.5.5.1. Storage period
We will process your personal data provided to us in the course of e-mail contact only for the purpose of processing your order. The content of the correspondence may be subject to archiving. Correspondence is stored on our servers, or possibly on servers provided by a third-party hosting provider. We cannot precisely indicate when correspondence is deleted, however, you can always write to us and ask us to check whether any correspondence with you is still stored, and if so, request its deletion.
3.5.6. Return and Complaint.
If you withdraw from a contract concluded through the Website or make a complaint about a digital
product you have purchased, you will provide us with the data contained in the "Withdrawal Form" or
"Complaint Form", and we will process this data for the purpose of the withdrawal or complaint
procedure. Your personal data provided in connection with the submission of a complaint and
collected in possible further communication, are or may be processed for the following purposes:
3.5.6.1. processing of your complaints, bookkeeping and settlements of the processed complaints (i.e., the necessity to fulfill a legal obligation incumbent on the Administrator),
3.5.6.2. to establish, defend and assert claims that may arise under a contract between you and the Administrator, and other purposes that are necessary for the legitimate interests of the Administrator or a third party (i.e., a legitimate interest pursued by the Administrator or by a third party). Providing personal data is voluntary, but necessary to make a complaint or withdraw from the Agreement. Withdrawal Forms and Complaint Forms are archived by us. The fact of withdrawal from the contract or submission of a complaint is also recorded on the Website.
3.5.6.3. Storage period
We will process your personal data for the duration of the processing of your complaint, unless regulations oblige us to process the data longer or for other purposes arising from the fulfillment of our legitimate interests. In any case, the longer retention period of your personal data will be decisive.
3.6. WHAT RIGHTS DOES THE STATE HAVE?
Each of you is entitled at any time to:
3.6.1. to file a complaint with the national authority;
3.6.2. portability of personal data that you have provided to the Controller and that is processed by automated means and that is processed on the basis of consent or on the basis of a contract;
3.6.3. access to personal data (including, for example, receiving information on which personal data are processed or copies of such data);
3.6.4. request rectification and restriction of processing (e.g., if personal data is incorrect) or deletion of personal data (e.g., if it has been processed unlawfully);
3.6.5. revoke any consent given to the Administrator at any time, whereby revocation of consent shall not affect the processing performed by the Administrator in accordance with the law prior to its revocation;
3.6.6. object to the processing of personal data concerning you carried out for the purposes of the legitimate interests of the Controller or a third party (if there are no other valid legitimate grounds for processing overriding your interests). If your personal data is processed for the purposes of direct marketing, you have the right to object at any time to the processing of personal data concerning you for such marketing, including profiling, to the extent that the processing is related to such direct marketing, in which case your personal data may no longer be processed for such purposes;
3.6.7. to correct the data;
3.6.8. to be forgotten - if further processing is not provided for by currently applicable laws.
4.1. INTRODUCTION.
This Policy on cookies ("cookies") and similar technologies is for informational purposes, which means that it does not impose obligations on you (it is not a contract or terms and conditions). The purpose of the Policy is to clearly present the rules of our Service regarding the operation and use of cookies or similar technologies.The ongeo-intelligence.com website collects automatically only the information contained in cookies.
4.2. COOKIE CONSENT?
When you visit the site for the first time, as well as in the "Cookie Settings" tab (at the bottom of the
page), you will be shown information about the cookies used. Appropriately accepting and closing this information means that you consent to the use of cookies in accordance with the information contained therein and in accordance with the provisions of this Privacy Policy. You may withdraw or modify your consent at any time by deleting cookies and changing the cookie settings in your browser or in the above-mentioned "Cookie Settings" tab. Remember, however, that disabling cookies may cause difficulties in using the site, as well as many other websites that use cookies. A visit to any website causes it to store certain information in your browser, mainly in the form of cookies. This data may relate to your preferences or the device you are using, and is mainly intended to make the site work more efficiently. This information usually does not identify you personally, and it allows you to use the site in a more customized way. Respecting your right to privacy, we allow you to manage cookies. In the individual tabs, you can learn more about the types of cookies and the purposes they serve, and change your settings. Keep in mind, however, that blocking certain types of cookies may also have a negative impact on your convenience of using the site and services.
4.3. WHAT ARE COOKIES?
Cookies are small text information stored on your terminal device (e.g. computer, tablet, smartphone), which can be read by our data communications system. Cookies are used primarily to ensure the proper operation of our Website, as well as to perform its key functions. Cookies usually contain the name of the website from which they come, the time they are stored on the end device and a unique number. In addition, depending on the extent to which you consent to the use of cookie technology, cookies may also make it easier for you to use the Website, for example, by "remembering" information you have provided once so that you do not have to provide it each time, as well as may be used to tailor content, including advertisements presented, to your preferences. They are used for: Online stores, sites requiring login, advertisements, monitoring of visitor activity, counters and probes.
4.4. WHAT FUNCTIONS DO COOKIES PERFORM?
Cookies contain various information about the user of a particular website and the user's history of activity on the site. The owner of the server that sent the cookies can see what browser the user is using, see the user's IP, check the history of the pages the user viewed before accessing his site, and see information about errors that occurred on the site while browsing. However, this data is not associated with specific individuals, only with the computer connected to the Internet.
4.5. HOW DO WE USE INFORMATION FROM COOKIES?
Cookies are used for the following purposes:
In order to ensure the proper functioning of the Service, we may place or allow a third party to place cookies on your device. This helps us monitor and check its performance. This entity may include Google, which collects the necessary data.
4.6. DO COOKIES COLLECT YOUR PERSONAL INFORMATION?
When using our Service, you have the opportunity to choose the scope of application of the technology
of cookies, and then give the appropriate consent corresponding to the selected scope. Depending on
which scope of cookie technology you agree to, cookies collect various types of information, which, as
a rule, do not constitute personal data (they do not allow you to be identified). However, some
information, depending on its content and use, may be associated with a specific person - attributing
certain behaviors to a specific person, for example, by linking them to the data provided when filling
out a form (preferential cookies), and thus be considered personal data. This applies in particular to
cookies, the use of which you have consented to (e.g. marketing cookies to help us better adapt to the
needs of our customers, analytical or other cookies)). Information on the rules for the use of cookies,
including the possibility to choose the scope of use of cookie technology and give the appropriate
consent, is also made available in the content of the information clause displayed primarily during the
first visit to the Website (the so-called "cookie banner") but also in the tab: "Cookie settings".
4.7. HOW TO DISABLE COOKIES?
In order to block cookies, you should refer to the information on browser settings, which is available in the menu (help) of the browser or on the website of its manufacturer. You can set your browser so that cookies are either not stored on its disk or automatically deleted at a certain time. Also in the tab: "Cookie settings", the user can change his consent preferences for the types of cookies listed there at any time.
4.8. THE TOOLS WE USE?
In order to monitor user information, the Service specifically uses the following tools: Google, Google Analytics, Google Tag Manager, Google Search Console, Google AdWords, Google my Company, Google AdSense, Google Optimizer, Google Data Studio, Youtube, Pushify, Facebook's Pixel, Twitter, Bing.
4.9. PROFILING BASED ON COOKIES?
Your personal data will not be used for automated decision-making affecting your rights and obligations or freedoms within the meaning of the RODO. Profiling is not used to make any automated decisions against you using the Service. By observing your online behavior, we create a customer profile so that we can prepare a marketing offer for your own products and enable you to display your material on advertising networks, especially the Google network and its partners.
5.1. By using our website, you agree to the provisions of this Privacy and Cookies Policy.
5.2. Any questions or concerns regarding the Privacy Policy and the use of the Service, please contact us via email at: CONTACT@ONGEO-INTELLIGENCE.COM
5.3. We reserve the right to make changes or additions to this Privacy Policy. Any such changes will be published on ongeo-intelligence.com tab "Privacy Policy".
The operator of electronic payments on ongeo-intelligence.com is payment intermediary stripe (https://stripe.com). Here you can read about the terms of service of the operator: https://stripe.com/privacy
Previous versions of the Terms of Service and Privacy Policy: