Legal Notices
At michalplis.com, we are committed to protecting the privacy and security of our art lovers and visitors. Our Terms and Policies below govern the sale of our artwork and the use of our website. By using our website and services, you agree to our Terms and Policies. We reserve the right to modify our Terms and Policies at any time without notice. If you have any questions about our Terms and Policies, please contact us.
Terms and Conditions
Updated 16/04/2023.
1. Our Service
(a) Michal Plis is an artist selling her artwork through online art marketplaces or the michalplis.com website. This michalplis.com website is operated by Michal Plis, which has offices in Melbourne, Australia and sells art on other online art marketplaces to an audience of art lovers and collectors around the world. Michal Plis creates artworks in various mediums including drawings, paintings, sculptures, digital artworks and NFT’s.
2. Introduction
(a) Before you use the Michal Plis website you must read, agree with and accept all of these Terms and Conditions of Use, and policies, including its Privacy Policy, Site Disclaimer and Shipping Policy and Refunds and Returns Policy. These policies change from time to time, and they form part of these Terms and Conditions of Use.
(b) Michal Plis reserves the right, at its absolute discretion, to change or modify all or any part of these Terms and Conditions of Use at any time, effective immediately upon publishing on the website (michalplis.com). If at any time these Terms and Conditions of Use are no longer acceptable to you, you should immediately cease use of the Michal Plis website.
(c) If you do not agree to accept and abide by these Terms and Conditions of Use, you should not access or use the Michal Plis website or social media website(s) Michal Plis profiles or online art marketplace(s) Michal Plis profiles.
These Terms and Conditions of Use are separated into three sections:
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Definitions
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Terms & Conditions of Agreement
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Contact & Acknowledgement
3. Definitions
a) Artist = Artist is defined as the person who created the original artwork, has the right to sell the artwork, and is selling the artwork via the Michal Plis website.
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(b) Purchaser = Purchaser is defined as the person who has made a purchase on online art marketplaces through an online payment or in person at an exhibition, art studio or anywhere else through physical or electronic payment options.
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(c) Member = Member is defined as any person who has created an account on online art marketplaces or on the Michal Plis website, whether they are an Artist or a Purchaser.
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(d) User = User is defined as any person, member or not, who browses or uses the Michal Plis website or on social media website(s) or online art marketplace(s) for any purpose.
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(e) Content = Content is defined as data, text, images, usernames, graphics, photos, paintings, drawings, artworks, profiles or links or any other information whatsoever that is posted by Michal Plis or a member of the website.
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(f) Artwork = Artwork is defined as any piece of original work that is offered for sale on or sold via online art marketplace(s) or the michalplis.com website or on social media website(s).
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(g) Copyright = Copyright protects the original expression of ideas, not the ideas themselves. It is free and automatically safeguards your original works of art from copying and certain other uses. For more information refer http://www.ipaustralia.gov.au/ip/copyright.shtml or the Copyright Act 1968.
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(h) Original = Original is defined as a primary and original work, as opposed to any copy, reproduction or imitation. Copies, reproductions, prints and electronically altered works are not considered original for the purposes of these terms and conditions. Copyright must belong to the creator of an artwork in order for it to be considered original. Original artworks may be sold on michalplis.com website, on social media website(s), online art marketplace(s) or in physical locations.
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(i) Print = Prints are authorised reproductions of drawings or paintings or digital artworks sold on michalplis.com website, on social media website(s), online art marketplace(s) or in physical locations.
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(j) Gift = Art gift is a product or item that has Michal Plis artworks displayed on the surface of that product or item and is sold on michalplis.com website, on social media website(s), online art marketplace(s) or in physical locations.
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(k) NFT = NFT is a Non-Fungible Token digital artwork by Michal Plis that is encrypted with cryptocurrency. It may be sold on an online art marketplace called OpenSea, and it may include digital drawings, digital images of physical artworks like his paintings, drawings, poetry, videos, music and other forms of art. All unauthorised sales of NFT’s or the creation of un-authorised NFT artworks is prohibited unless expressly permitted by Michal Plis in writing.
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(l) michalplis.com Website = This website is the official website of the artist: Michal Plis. Links on the website point to online art marketplaces, social media profiles and other websites. This website also showcases photos and videos of Michal Plis’s artworks.
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(m) Social media website(s) = These are apps and websites that provide a social media platform. Michal Plis uses a number of social media websites to sell and promote his artwork. These services are outside the control of Michal Plis and are also subject to their own Terms and Policies on those apps and websites.
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(n) Online art marketplace(s) = These apps or websites are run by 3rd party providers in order to facilitate the sale and promotion of Michal Plis artworks – originals, prints, art gifts and NFT’s. These services are outside the control of Michal Plis and are also subject to their own Terms and Policies on those apps and websites.
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(m) Other websites = All other websites that are not defined above are classed as other websites. Express written permission from Michal Plis must be given for any of his artworks or content to be displayed in any other websites.
4. Terms & Conditions of Use
(a) Service Region:
Michal Plis services and ships within the Australian community and overseas jurisdictions unless there are any trade sanctions in place from selling from Australia to a specific country.
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(b) Age and Responsibility:
The user represents and warrants that they are of sufficient legal age to use the Michal Plis website and to create binding legal obligations for any liability they may incur as a result of the use of the Michal Plis website or social media sites or online art marketplaces. The user agrees to be responsible for all of their use of the Michal Plis website or social media websites or online art marketplaces (as well as for use of their username and password(s) by others, including without limitation, minors living with them). The user agrees to supervise all usage by minors of the michalplis.com website or social media site or online art marketplace under their name or account.
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(c) Unauthorised Use:
The Michal Plis website must not be used for any illegal or un-authorised purpose. The Michal Plis website must not be hacked and/or any adaptations made to any aspect of the website. Posting of advertisements or links to any other websites, including but not limited to social networking sites or online art marketplaces, is not allowed without express written permission from Michal Plis.
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(d) Acceptable Content:
(i) Michal Plis aims to promote hand-made, original artworks by a human (Michal Plis) and does not allow digitised or electronically produced or enhanced mediums such as photographs or other works created and/or modified by computer unless he has given express written permission.
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(ii) Michal Plis does not give permission for his artworks (or any images of his artworks) to be used in training artificial intelligence services such as Stable Diffusion, MidJourney and all others without express permission from Michal Plis in writing.
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(iii) Artworks may include drawings, watercolours, paintings, sculptures, mixed media, ink works, digital artworks, NFT’s, etc.
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(v) Photography, sculptures, textiles, craft, jewellery, glassworks and electronically produced works that replicate or copy Michal Plis work are not accepted without express written permission from Michal Plis.
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(iv) Artworks must be pictured and sold unframed or framed if they are paintings. If they are sculptures, they must have their original base.
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(iiv) Artworks must be unique or sold as one in a series of limited-edition artworks and clearly titled so (e.g., “My Artwork ed. 2 of 10”). Michal Plis must give express permission for such limited-edition prints and any mass-produced unlimited prints on online art marketplaces or other websites.
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(iiiv) Artworks or digital artwork scans can be licenced out for commercial use but such agreements must be negotiated with the Artist, Michal Plis.
(e) Unacceptable Content:
(i) Users posting content on the Michal Plis site must not infringe any copyright and/or intellectual property rights of any person, entity, organisation, trademark or other. Users must not misrepresent content, including artwork for sale, in the picturing and description of that content.
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(ii) Michal Plis does not accept content that is obscene in any way, pornographic, indecent, inflammatory, defamatory or racist to any person or group of people. Artistic nudes are not accepted or produced by Michal Plis.
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(iii) The content posted on the Michal Plis website must not be fraudulent or illegal in any manner nor contain viruses, Trojan horses, worms, or any other programming that may interfere, disrupt or corrupt the smooth operations of the entire Michal Plis website, including all databases.
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(v) Michal Plis encourages all users to the site to report any inappropriate content via the michalplis.com contact us form. Michal Plis will not manually screen all postings or messaging on the michalplis.com website or on any of his official online art marketplaces or social media profiles and therefore welcomes the assistance from his Michal Plis art lover community where possible.
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(iv) Michal Plis has the right, but has no obligation to, remove any content posted at its absolute discretion. Michal Plis does not condone the posting of inappropriate content and makes a concerted effort to remove such content as soon as possible.
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(iiv) Any unlawful, misrepresented or offensive content posted on the website is the sole responsibility of the user/member that posts such content.
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(iiiv) Users of the site understand that exposure to inappropriate content may occur and browsing of the website is at the user’s own risk.
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(f) Prices:
All prices shown on the Michal Plis website and social media website(s) are in Australian Dollars (AUD). All prices shown on online art marketplace(s) or physical art galleries, or other locations may be shown in the currency of your country of current residence. Prices of artworks shown on the Michal Plis website or other online art marketplaces are set at the discretion of the Artist.
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(g) Trademark:
The Michal Plis logo and signature are a trademark of Michal Plis. Use of the Michal Plis logo or signature is not authorised without express written permission from Michal Plis.
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(h) Copyright:
(i) All content on the Michal Plis website and on Michal Plis social media website(s) profiles and on any online art marketplaces or other websites or apps or in-person in physical locations (where there is Michal Plis content r content by another Artist that Michal Plis authorised to reproduce artworks) are copyright of either Michal Plis or the Artist. Content must not be downloaded or used without express written permission from Michal Plis, or the Artist where the content is their own work.
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(ii) The Artist retains all copyright for physical artworks (which includes reproduction rights) even when the physical property is transferred to the Purchaser. If the Purchaser wishes to reproduce the Work, this must be separately negotiated with the Artist.
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(i) Refusal & Termination of Service
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(i) Michal Plis reserves the right to refuse service to anyone at any time and at its absolute discretion. Michal Plis reserves the right to modify, terminate or suspend member accounts, at any time, at its discretion, and without prior notice.
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(ii) Michal Plis reserves the right to terminate the Michal Plis service at any time and at its absolute discretion without prior notice.
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(iii) Upon termination, any rights granted by the Artist to Michal Plis under this agreement immediately revert to the Artist.
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(j) Warranties
Michal Plis offers an “as is” service. Michal Plis does not supply any warranties in relation to content represented on the Michal Plis website or on social media website(s) or on online art marketplace(s) or in physical locations such as art galleries and art studios.
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(k) Disputes & Release:
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Michal Plis is released from any claims arising from disputes between users and members of the website or the social media website(s) or the online art marketplace(s), including disputes between Artists and Purchasers, between Artists and Artists, and between Purchasers and Purchasers. If it’s a social media website(s) or online art marketplace(s) they may have additional dispute or release statements in their terms and policies.
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(l) Liability:
The user assumes all responsibility and risk for use of the Michal Plis website or social media website(s) or online art marketplace(s) including and without limitation any of the content or information contained therein. Michal Plis accepts no liability for any failure to comply with these Terms and Conditions of Use where such failure is due to circumstances beyond its reasonable control.
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(m) Disclaimer:
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(i) Michal Plis does not represent or guarantee that the Michal Plis service or the Michal Plis website, or any other website that is accessible using a hyperlink from this website will be current, or free from errors or viruses. Michal Plis does not represent or guarantee that access to the Michal Plis service or these websites will be uninterrupted.
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(ii) The user acknowledges that the Michal Plis service or the Michal Plis website may be affected by outages, faults or delays. Such outages, faults or delays may be caused by factors, including but not limited to technical difficulties with the performance or operation of Michal Plis’s or another person’s software, equipment or systems, traffic or technical difficulties with the Internet or infrastructure failures.
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(iii) Michal Plis does not warrant that any members’ uploads to this website will be protected against loss, or misuse or alteration by third parties. Michal Plis does not warrant that all uploaded content will be available on our website. If Michal Plis elects in its sole discretion to make available content on its website, it does not warrant that it will be available within a certain time frame.
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(v) It is the responsibility of the user to ensure that they are not exposed to viruses, Trojan horses or any other code of a destructive nature.
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(vi) Michal Plis does not accept responsibility for any loss or damage, however caused (including through negligence), that users may directly or indirectly suffer in connection with their use of this website or any linked website, nor does it accept any responsibility for any such loss arising out of a user’s use of or reliance on information contained on or accessed through this website.
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(vii) To the extent permitted by law, any condition or warranty that would otherwise be implied into these Terms and Conditions of Use is hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following:
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1. if the breach relates to goods:
the supply of equivalent goods;
the payment of the cost of replacing the goods or of acquiring equivalent goods; or
the payment of the cost of having the goods repaired; and
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2. if the breach relates to services:
the supplying of the services again; or
the payment of the cost of having the services supplied again.
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(viii) This disclaimer does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.
5. Contact & Acknowledgement
(a) Contact:
If you have concerns relating to the Michal Plis website, his social media website(s) or online art marketplace(s) or these Terms and Conditions of Use, please contact Michal Plis via any of the following means: michalplis.com contact us form.
Privacy Policy & GDPR
Updated 16/04/2023
Michal Plis
1. We respect your privacy
(a) Michal Plis respects your right to privacy and is committed to safeguarding the privacy of our customers and website visitors. This policy sets out how we collect and treat your personal information.
(b) We adhere to the Australian Privacy Principles contained in the Privacy Act 1988 (Cth) and to the extent applicable, the EU General Data Protection Regulation (GDPR).
(c) "Personal information" is information we hold which is identifiable as being about you. This includes information such as your name, email address, identification number, or any other type of information that can reasonably identify an individual, either directly or indirectly.
(d) You may contact us in writing at michalplis.com contact us form for further information about this Privacy Policy.
2. What personal information is collected
(a) Michal Plis will, from time to time, receive and store personal information you submit to our website, provided to us directly or given to us in other forms.
(b) You may provide basic information such as your name, phone number, address and email address to enable us to send you information, provide updates and process your product or service order.
(c) We may collect additional information at other times, including but not limited to, when you provide feedback, when you provide information about your personal or business affairs, change your content or email preference, respond to surveys and/or promotions, provide financial or credit card information, or communicate with our customer support.
(d) Additionally, we may also collect any other information you provide while interacting with us.
3. How we collect your personal information
(a) Michal Plis collects personal information from you in a variety of ways, including when you interact with us electronically or in person, when you access our website and when we engage in business activities with you. We may receive personal information from third parties. If we do, we will protect it as set out in this Privacy Policy.
(b) By providing us with personal information, you consent to the supply of that information subject to the terms of this Privacy Policy.
4. How we use your personal information
(a) Michal Plis may use personal information collected from you to provide you with information about our products or services. We may also make you aware of new and additional products, services and opportunities available to you.
(b) Michal Plis will use personal information only for the purposes that you consent to. This may include to:
(i) provide you with products and services during the usual course of our business activities;
(ii) administer our business activities;
(iii) manage, research and develop our products and services;
(iv) provide you with information about our products and services;
(v) communicate with you by a variety of measures including, but not limited to, by telephone, email, sms or mail; and
(vi) investigate any complaints.
If you withhold your personal information, it may not be possible for us to provide you with our products and services or for you to fully access our website.
(c) We may disclose your personal information to comply with a legal requirement, such as a law, regulation, court order, subpoena, warrant, legal proceedings or in response to a law enforcement agency request.
(d) If there is a change of control in our business or a sale or transfer of business assets, we reserve the right to transfer to the extent permissible at law our user databases, together with any personal information and non-personal information contained in those databases.
5. Disclosure of your personal information
(a) Michal Plis may disclose your personal information to any of our employees, officers, insurers, professional advisers, agents, suppliers or subcontractors insofar as reasonably necessary for the purposes set out in this privacy policy.
(b) If we do disclose your personal information to a third party, we will protect it in accordance with this privacy policy.
6. General Data Protection Regulation (GDPR) for the European Union (EU)
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(a) Michal Plis will comply with the principles of data protection set out in the GDPR for the purpose of fairness, transparency and lawful data collection and use.
(b) We process your personal information as a Processor and/or to the extent that we are a Controller as defined in the GDPR.
(c) We must establish a lawful basis for processing your personal information. The legal basis for which we collect your personal information depends on the data that we collect and how we use it.
(d) We will only collect your personal information with your express consent for a specific purpose and any data collected will be to the extent necessary and not excessive for its purpose. We will keep your data safe and secure.
(e) We will also process your personal information if it is necessary for our legitimate interests, or to fulfil a contractual or legal obligation.
(f) We process your personal information if it is necessary to protect your life or in a medical situation, it is necessary to carry out a public function, a task of public interest or if the function has a clear basis in law.
(g) We do not collect or process any personal information from you that is considered "Sensitive Personal Information" under the GDPR, such as personal information relating to your sexual orientation or ethnic origin unless we have obtained your explicit consent, or if it is being collected subject to and in accordance with the GDPR.
(h) You must not provide us with your personal information if you are under the age of 16 without the consent of your parent or someone who has parental authority for you. We do not knowingly collect or process the personal information of children.
7. Your rights under the GDPR
(a) If you are an individual residing in the EU, you have certain rights as to how your personal information is obtained and used. Michal Plis complies with your rights under the GDPR as to how your personal information is used and controlled if you are an individual residing in the EU
(b) Except as otherwise provided in the GDPR, you have the following rights:
(i) to be informed how your personal information is being used;
(ii) access your personal information (we will provide you with a free copy of it);
(iii) to correct your personal information if it is inaccurate or incomplete;
(iv) to delete your personal information (also known as "the right to be forgotten");
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(v) to restrict processing of your personal information;
(vi) to retain and reuse your personal information for your own purposes;
(vii) to object to your personal information being used; and
(viii) to object against automated decision making and profiling.
(c) Please contact us at any time to exercise your rights under the GDPR at the contact details in this Privacy Policy.
(d) We may ask you to verify your identity before acting on any of your requests.
8. Hosting and International Data Transfers
(a) Information that we collect may from time to time be stored, processed in or transferred between parties or sites located in countries outside of Australia. These may include, but are not limited to United States of America, Ireland, South Korea, Taiwan and Israel and we may use other jurisdictions as necessary for the proper delivery of website services and/or as may be required by law (WIX website services).
(b) We and our other group companies have offices and/or facilities in Australia. Transfers to each of these countries will be protected by appropriate safeguards, these include one or more of the following: the use of standard data protection clauses adopted or approved by the European Commission which you can obtain from the European Commission Website; the use of binding corporate rules, a copy of which you can obtain from Michal Plis's Data Protection Officer.
(c) The hosting facilities for our website are situated in United States of America, Ireland, South Korea, Taiwan and Israel and we may use other jurisdictions as necessary for the proper delivery of website services and/or as may be required by law (WIX website services). Transfers to each of these Countries will be protected by appropriate safeguards, these include one or more of the following: the use of standard data protection clauses adopted or approved by the European Commission which you can obtain from the European Commission Website; the use of binding corporate rules, a copy of which you can obtain from Michal Plis's Data Protection Officer.
(d) Our Suppliers and Contractors are situated in Australia, United States of America, and we may use other jurisdictions as necessary for the creation, sale and delivery of artworks and services by Michal Plis. Transfers to each of these Countries will be protected by appropriate safeguards, these include one or more of the following: the use of standard data protection clauses adopted or approved by the European Commission which you can obtain from the European Commission Website; the use of binding corporate rules, a copy of which you can obtain from Michal Plis's Data Protection Officer.
(e) You acknowledge that personal data that you submit for publication through our website or services may be available, via the internet, around the world. We cannot prevent the use (or misuse) of such personal data by others.
9. Security of your personal information
(a) Michal Plis is committed to ensuring that the information you provide to us is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure.
(b) Where we employ data processors to process personal information on our behalf, we only do so on the basis that such data processors comply with the requirements under the GDPR and that have adequate technical measures in place to protect personal information against unauthorised use, loss and theft.
(c) The transmission and exchange of information is carried out at your own risk. We cannot guarantee the security of any information that you transmit to us, or receive from us. Although we take measures to safeguard against unauthorised disclosures of information, we cannot assure you that personal information that we collect will not be disclosed in a manner that is inconsistent with this Privacy Policy.
10. Access to your personal information
(a) You may request details of personal information that we hold about you in accordance with the provisions of the Privacy Act 1988 (Cth), and to the extent applicable the EU GDPR. If you would like a copy of the information which we hold about you or believe that any information we hold on you is inaccurate, out of date, incomplete, irrelevant or misleading, please email us at the michalplis.com contact us form.
(b) We reserve the right to refuse to provide you with information that we hold about you, in certain circumstances set out in the Privacy Act or any other applicable law.
11. Complaints about privacy
(a) If you have any complaints about our privacy practices, please feel free to send in details of your complaints to the michalplis.com contact us form. We take complaints very seriously and will respond shortly after receiving written notice of your complaint.
12. Changes to Privacy Policy
(a) Please be aware that we may change this Privacy Policy in the future. We may modify this Policy at any time, in our sole discretion and all modifications will be effective immediately upon our posting of the modifications on our website or notice board. Please check back from time to time to review our Privacy Policy.
13. Website
(a) When you visit our website
When you come to our website (michalplis.com), we may collect certain information such as browser type, operating system, website visited immediately before coming to our site, etc. This information is used in an aggregated manner to analyse how people use our site, such that we can improve our service.
(b) Cookies
We may from time to time use cookies on our website. Cookies are very small files which a website uses to identify you when you come back to the site and to store details about your use of the site. Cookies are not malicious programs that access or damage your computer. Most web browsers automatically accept cookies but you can choose to reject cookies by changing your browser settings. However, this may prevent you from taking full advantage of our website. Our website may from time to time use cookies to analyses website traffic and help us provide a better website visitor experience. In addition, cookies may be used to serve relevant ads to website visitors through third party services such as Google AdWords. These ads may appear on this website or other websites you visit.
(c) Third party sites
Our site may from time to time have links to other websites not owned or controlled by us. These links are meant for your convenience only. Links to third party websites do not constitute sponsorship or endorsement or approval of these websites. Please be aware that Michal Plis is not responsible for the privacy practises of other such websites. We encourage our users to be aware, when they leave our website, to read the privacy statements of each and every website that collects personal identifiable information.
14. Effective date
This policy is effective from 16th April 2023.
Website Disclaimer
Updated 16/04/2023
Melbourne, Australia
All care is taken in the preparation of the information and published materials on this site. Michal Plis does not make any representations or give any warranties about its accuracy, reliability, completeness or suitability for any particular purpose. To the extent permissible by law, Michal Plis will not be liable for any expenses, losses, damages (including indirect or consequential damages) or costs which might be incurred as a result of the information being inaccurate or incomplete in any way and for any reason.
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This site may contain hypertext links, frames or other references to other parties and their websites. Michal Plis cannot control the contents of those other sites, and make no warranty about the accuracy, timeliness or subject matter of the material located on those sites. Michal Plis does not necessarily approve of, endorse, or sponsor any content or material on such sites. Michal Plis makes no warranties or representations that material on other websites to which this website is linked does not infringe the intellectual property rights of any person anywhere in the world.
Michal Plis is not, and must not be taken to be, authorising infringement of any intellectual property rights contained in material or other sites by linking or allowing links to, this website to such material on other sites.
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If you have any concerns regarding the content of the Website, please contact Michal Plis.