Terms and Conditions

PORTAL TERMS AND CONDITIONS

The Owner of the Portal available at: https://klient.pbkm.pl/ is Polski Bank Komórek Macierzystych S.A. with its registered seat in Warsaw at Al. Jana Pawła II 29, 00-867 Warsaw, entered into the Register of Entrepreneurs of the National Court Register maintained by the District Court for the Capital City of Warsaw, 12th Commercial Division of the National Court Register, under the KRS number: 0000166106, National Official Business Register Number (REGON): 017452559, Tax Identification Number (NIP): 5252239973 share capital PLN 2,840,891.00.

I. Definitions, initial provisions

1. Definitions

a) Terms and Conditions – these Portal Terms and Conditions, determining the terms for providing services through the Portal.

b) PBKM – Polski Bank Komórek Macierzystych S.A. with its registered seat in Warsaw, providing services consisting in the qualification, preparation and storage of Biological Material.

c) FamiCord Suisse – a joint-stock company incorporated under Swiss law, offering its Customers the option to store Biological Material in Switzerland under the terms and conditions of the SwissSafety package and concluding a Suisse Contract with them.

d) Contract – the Biological Material qualification, preparation and storage contract, generated as a result of the Customer’s confirmation of their order for PBKM services, stipulating the terms for the services to be provided by PBKM, as well as the rights and obligations of the parties. The text of the Contract is available at https://www.pbkm.pl/oferta/dokumenty and the Customer Contract is generated after final confirmation of the order and shall be available in the My PBKM Customer Panel.

e) Suisse Contract – an Additional Service; Biological Material storage contract concluded by and between FamiCord Suisse and a Customer via the Portal, provided that the qualification criteria set forth in the SwissSafety package have been met, i.e. if the Biological Material is eligible for storage.

f) Order – the order for services, constituting the grounds for the provision thereof, drafted based on the data entered by the Customer. It constitutes the grounds for activating the Contract and Additional Services.

g) Customer – a parent – the person(s) acting as the party to the Contract and accepting the Terms and Conditions, as well as the terms for providing the services offered via the Portal.

h) Portal – the online store owned by PBKM, provided at https://klient.pbkm.pl/, governed by these Terms and Conditions.

i) Contract Conclusion Date – the date on which the order is confirmed by PBKM and the documents for the Contract and selected Additional Services are generated (except for the SwissSafety package, where the date of concluding the contract with FamiCord Suisse is determined at a later date).

j) My PBKM Customer Panel – panel granting access to the generated documents – Contract, Suisse Contract, settlement documents, amendments, preliminary qualification results.

k) Additional Services – services offered through the Portal by third parties or PBKM in cooperation with third parties upon conclusion of the Contract or irrespective of the Contract. The scope of Additional Services is available at https://www.pbkm.pl/oferta/uslugi-dodatkowe/.

2. Placing an order is equivalent to confirming the review of the Terms and Conditions and their full acceptance.

3. A pregnant woman, acting either alone or with the father-to-be, who have an e-mail account and full capacity to enter into legal transactions, may become a Customer.

4. The Contract and confirmation of the order for Additional Services, including a FamiCord Suisse Contract, shall be concluded under Polish law and in Polish.

5. Accepting the Terms and Conditions is equivalent to granting consent for using means of electronic communication to send documents confirming the conclusion of the Contract.

6. The My PBKM Customer Panel is activated by providing the Customer with a login (e-mail address indicated by the Customer) and a password assigned to the login to allow using the Portal and the functionality of the My PBKM Customer Panel. In order to sign in, the Customer will have to enter an authorization code, received from the Portal via a text message separately for each sign-in.

7. The password is an alphanumeric or numeric sequence of characters used to identify the Customer. The password consists of at least 8 and up to 30 alphanumeric characters (numbers and letters). At least one number and one upper-case letter and one special character (i.e. ~ ! @ # % ^ & * ( ) _ + = - ; , . / < > ? [ ] { }) is required. The password must not contain Polish diacritics (ę, ą, ł, etc.). Note! The system is case-sensitive.

8. The Customer shall be required to secure the login and the password against unauthorized access. The Customer shall be fully responsible for any consequences of the My PBKM Customer Panel being accessed by third parties that come into possession of the Customer’s login and password in any way.

9. Where all the concluded contracts in the Customer Panel have the “inactive” status, access to My PBKM Customer Panel shall be blocked within 30 days from the termination date of the last active Contract.

10. Requirements for the proper operation of the Portal include a current Internet browser version, supported by the browser vendor, compatible with the HTML 4.0 standard or newer, accepting cookies and supporting JavaScript.

11. The Portal Terms and Conditions are available at https://klient.pbkm.pl/regulamin, may be reviewed at every step during the Order processing sequence and at the office of PBKM.

II. Customer’s Personal Data

1. PBKM shall be the Controller of Personal Data processed for the purpose of concluding and performing the Contract, as well as for archiving and statistical purposes. The Customer shall be required to mark the relevant consents within the Portal in order to enable fulfillment of the Order.

2. Should the SwissSafety package be chosen and a Contract be concluded with FamiCord Suisse, FamiCord Suisse shall become the Controller of Personal Data processed for the purpose of concluding and performing the Contract, as well as for archiving and statistical purposes.

3. Collected data shall be processed for the purpose of PBKM providing its Services or Additional Services. Provision of personal data is voluntary, yet necessary to use services. The Customer has the right to access and rectify their personal data. Personal data may be disclosed to the third party that provides professional maintenance and hosting for the Portal; for that purpose PBKM shall enter into a personal data processing contract with the third party.

4. As regards the Additional Services, parties providing those services may act as the data controllers, in accordance with the relevant notices included in documents confirming the selection of Additional Services. As regards payments made via the PayU website, the Controller of Personal Data (name, surname, address, payment amount) shall be the PayU website – the operator of the system that enables payments for online transactions to be made by means of electronic funds transfers, traditional wire transfers and electronic payment instruments - PAYU S.A. with its registered seat in Poznań (ul. Grunwaldzka 182, 60-166 Poznań), KRS number 0000274399, Tax Identification Number (NIP): 7792308495.

5. The Customer shall be required to update their personal and contact data electronically by sending an e-mail to PBKM at biuro@pbkm.pl or by signing in to the My PBKM Customer Panel in the Portal.

6. Detailed information on the processing of data is included in the Privacy Policy available at https://www.pbkm.pl/polityka-prywatnosci.

III. Registration procedure for the My PBKM Customer Panel and Orders

1. Contract conclusion orders are received through the Portal 24 hours per day, all throughout the year, excluding any service interruptions caused by Portal maintenance.

2. An Order shall be considered to have been placed correctly if the Customer provided correct data, gave their relevant necessary consents and configured their choice according to the guidelines displayed each time in the Customer account or during the purchase procedure.

3. After placing an Order, the Customer is required to pay an initial fee in the indicated amount within two days.

4. Incomplete orders or those causing any concerns will be manually verified by the Portal support team. Such an Order may be cancelled, which will be communicated to the would-be Customer by phone or by e-mail within no more than three working days from the date of placing an Order.

5. PBKM shall confirm an order with the Customer by e-mail or by phone within no more than three working days.

6. Important terms and conditions of the Contract are recorded, secured and shared by sending to the Customer the Contract that has been concluded via electronic means and the documents confirming selection of Additional services. If the Customer wishes to receive documents in paper format, which is to be indicated in the relevant statement, they shall be required to make an appropriate payment.

7. An Order shall not be fulfilled in the following situations:

a) the Customer provided incorrect or false data when placing the Order,

b) the Customer cannot be contacted at the telephone number or e-mail address provided in the Order,

c) the Customer has incorrectly placed the Order,

d) it is considered that the Customer is acting in violation of the commonly applicable legal provisions or abuses power resulting from these provisions, including, but not limited to: hacking, using another person’s identification data or impersonating another person when placing the Order.

e) the Customer failed to pay the initial fee within two days from the Contract conclusion date.

IV. Settlements for services ordered and performed

1. The full amount due for the Order shall be presented in the summary for each Order and generated in the table within the body of the Contract and Suisse Contract and shall also be presented during the Additional Services ordering process. The price presented constitutes the gross cost; PBKM may however charge additional fees where the Customer selects to receive documents in paper format (the fee amount shall be in accordance with the contents of the Customer’s statements).

2. The first initial fee payment shall be made within two days from the Contract conclusion date. Further payments shall be confirmed by means of VAT invoices sent to the Customer in electronic format to the e-mail address provided and shall be made available in the My PBKM Customer Panel (the Customer shall also receive a link to the generated invoice via e-mail) or in paper format for an additional fee, if the Customer marks the relevant statement. Payments may be made using the PayU website through the My PBKM Customer Panel in the Portal or by wire transfer.

V. Withdrawal from the Contract

1. The Customer has the right to withdraw from the Contract and Additional Services in writing and without stating a reason within 14 days from the Contract conclusion date. A statement on withdrawal from the Contract shall be sent in writing by registered mail to: PBKM, Aleja Jana Pawła II 29, 00-867 Warszawa.

2. PBKM guarantees a refund of the initial fee amount within 14 working days to the bank account from which the payment was initiated or the bank account indicated by the Customer, without charging any additional costs to the Customer.

3. If Biological Material was collected or any Additional Service was performed between the date of concluding the Contract and the 14-days’ deadline for withdrawal, PBKM shall not reimburse the initial fee amount and the Parents shall refund to PBKM the cost of testing, preparation and freezing the Biological Material, if any such procedures or Additional Services have already been performed.

VI. Communication, complaints

1. Any communication regarding the Portal, My PBKM Customer Panel and performance of the Contract concluded with PBKM, as well as the Contract concluded with FamiCord Suisse may be transmitted by one of the following means:

a) via e-mail to biuro@pbkm.pl

b) by phone at +48 22 436 40 50 or +48 608 200 777 from Monday to Friday during office working hours. Working hours are available on the website https://www.pbkm.pl/kontakt/zadzwon-do-nas

2. Complaints shall be received by e-mail at biuro@pbkm.pl or in writing at the address of PBKM’s seat: Aleja Jana Pawła II 29, 00-867 Warszawa, marked as: COMPLAINT and shall be submitted within 14 days from the date of the reason of the submitted complaint.

VII. Final provisions

1. PBKM reserves the right to introduce changes to the Terms and Conditions. Updated Terms and Conditions shall be available for all Portal users on the website at https://klient.pbkm.pl/regulamin.

2. The updated Terms and Conditions shall enter into force as of the moment of their publication on the Portal website.