Terms of Service Changelog

ODR shutdown, TDM opt-out, AI Act, DSA, consumer jurisdiction, language priority, GDPR rights and right to complain to the Polish DPA

Changes

• Article 4.3 — added an explicit rights reservation for text and data mining (TDM opt-out) under Article 4(3) of Directive (EU) 2019/790 (DSM). The reservation covers AI model training and is also expressed in machine-readable form in the robots.txt file.
• Article 4.6 — supplemented the notice-and-action mechanism (Articles 16-17 DSA): confirmation of receipt of the notice, a reasoned decision within 14 days, and information on available redress mechanisms. Added a clarification that the EPKO Website does not constitute a "hosting service" or "online platform" within the meaning of Articles 3(g)/(i) DSA — the reporting mechanism is provided as a matter of good practice.
• Article 4.7 (new) — added a clause on automated decision-making and artificial intelligence: a declaration that the Website in its current form does not use AI or profiling, together with a commitment to label AI-generated content in accordance with Article 50 of Regulation (EU) 2024/1689 (AI Act) should such functionalities be introduced in the future.
• Article 10.5 — supplemented the legal bases for the newsletter with provisions of the Polish Electronic Communications Act (which, as of 10 November 2024, replaced Article 172 of the Telecommunications Act in respect of marketing consents). Added an explicit information about the right to withdraw consent at any time (Article 7(3) GDPR) and about the principle that withdrawing consent must be as easy as giving it.
• Article 10.6 (new) — added an enumeration of data subject rights: access (Art. 15), rectification (Art. 16), erasure (Art. 17), restriction (Art. 18), portability (Art. 20), objection (Art. 21), and withdrawal of consent (Art. 7(3) GDPR). The detailed procedure for exercising these rights remains described in the Privacy Policy.
• Article 10.7 (new) — added the right to lodge a complaint with the supervisory authority (President of the Personal Data Protection Office, ul. Stawki 2, 00-193 Warsaw) under Article 77 GDPR, together with information on the competent supervisory authorities for persons residing in other EU Member States.
• Article 10.8 (new) — added a transparency notice that the Service Provider has not appointed a DPO (criteria under Article 37(1) GDPR not met), together with a dedicated contact channel for GDPR-related matters (biuro@epko.tech).
• Article 10.9 (new) — added information on transfers of data outside the EEA: preference for EU-based infrastructure (own dedicated server), and any transfers only on the basis of European Commission adequacy decisions or Standard Contractual Clauses (Article 46 GDPR); details in the Privacy Policy.
• Article 10.3 — supplemented with information that cookie preferences may be changed at any time (consent banner or browser settings) and that withdrawal of consent does not affect the lawfulness of earlier processing.
• Article 5.1 — clarified that the data required in the contact form (name, email, message content) is collected in accordance with the data minimisation principle (Article 5(1)(c) GDPR), and that providing additional data is voluntary.
• Articles 12.1-12.4 — removed the reference to the European ODR platform, which was permanently shut down on 20 July 2025. Added information about current ADR pathways, including the Financial Ombudsman and consumer ombudsmen. Clarified that the Service Provider does not undertake to participate in out-of-court dispute resolution.
• Article 14.3 — added references to Directive (EU) 2019/790 (DSM), Regulation (EU) 2024/1689 (AI Act), and Regulation (EU) No 1215/2012 (Brussels I bis).
• Article 14.5 — added a jurisdiction clause for EU consumers under the Brussels I bis Regulation: consumers may bring proceedings either in their place of domicile or in the Service Provider's place of establishment; proceedings against a consumer may only be brought in the consumer's place of domicile.
• Article 14.6 (new) — added a language version priority clause: the Polish version is the original and prevailing version, subject to the most favourable interpretation for Consumers and sole traders with consumer rights (Article 385 § 2 second sentence of the Polish Civil Code).

Reason for changes

A comprehensive update following the shutdown of the European ODR platform (20 July 2025), the addition of clauses strengthening protection of Website content against unauthorized use for AI model training, an AI Act-compliant transparency declaration (Article 50), supplementing the information required by Article 13 GDPR (data subject rights, right to lodge a complaint with the Polish DPA, right to withdraw consent), and resolving the relationship between the Polish and English language versions. The changes do not limit user rights — on the contrary, they strengthen them through clearer information about available rights and the channels for exercising them.

Alignment with DSA, EAA and supplemented GDPR legal bases

Changes

• Article 2.4 — corrected a typographical error in the reference to the Civil Code (Article 385⁵ instead of 3855) and added a reference to Article 7aa of the Consumer Rights Act.
• Articles 3.2-3.4 — added a digital accessibility statement compliant with WCAG 2.2 AA, the EAA Directive (2019/882) and the Polish Act of 26 April 2024, together with a barrier reporting mechanism (7 days / 2 months).
• Article 4.3 — supplemented the scraping clause with statutory exceptions (text and data mining — Articles 26²/26³ of the Polish Copyright Act).
• Articles 4.5-4.6 — designated a single point of contact under Articles 11-12 of the Digital Services Act (DSA, Regulation 2022/2065) and a procedure for reporting illegal content (Article 16 DSA).
• Article 7.2 — added a reference to Article 23 of the Polish Copyright Act (limits of permitted personal use).
• Article 10.5 — added explicit GDPR legal bases (Article 6(1)(b)/(f)) for contact forms, newsletter and analytical/marketing cookies.
• Article 11.1 — separated the legal basis for the right of withdrawal: Article 27 of the Consumer Rights Act for Consumers, Article 7aa for sole traders with consumer rights.
• Article 14.3 — updated Journal of Laws references (Civil Code, Consumer Rights Act) and added DSA, EAA and the Copyright Act to the list of governing laws.

Reason for changes

Alignment of the Terms of Service with new obligations arising from the Digital Services Act (DSA — applicable since 17 February 2024), the European Accessibility Act (EAA — applicable since 28 June 2025), and supplementing the legal bases for personal data processing under the GDPR. The changes are clarifying in nature — they do not limit user rights.

Initial version of the Terms of Service

Changes

• Publication of the epko.tech website Terms of Service in compliance with the Polish Act on Electronic Service Provision.