effective from March 14, 2022.
§ 1. General Provisions
- These terms and conditions define the rules for using the Moniti Service and System for time registration and management, as well as streamlining HR and payroll activities.
- The owner of the Moniti Service and System is Tres Comas Limited Liability Company, based in Warsaw, Jana Pawła II Avenue 80, 00-175 Warsaw, registered in the National Court Register by the District Court in Warsaw, XII Commercial Division under KRS number: 0000880619, NIP: 5252850692, REGON: 388144190, share capital: PLN 11,400, e-mail address: [email protected].
- These Regulations fulfill the obligation from art. 8 of the Electronic Services Act, defining, among others, types, scope, and conditions of providing electronic services, principles of concluding and terminating service agreements, and the complaint procedure.
- Using the Service and Services provided through it requires familiarization with and acceptance of these Terms and Conditions. Regarding the Services that involve using the Moniti System due to their nature, these Regulations shall not apply to Consumers and Entrepreneurs with consumer rights.
§ 2. Definitions
Whenever the following terms are used in the Terms and Conditions, they should be understood as follows:
- Subscription – a package of functionalities available within the Service chosen by the Service Recipient and provided by the Service Provider in a subscription model under the conditions specified in the Terms and Conditions, Price List, and Instructions;
- Employee Data Administrator – the Service Recipient who, by virtue of a data processing agreement referred to in § 11 of the Regulations, entrusts the Processing Entity with the personal data of Employees for processing to fulfill the Agreement regarding the use of the Moniti System;
- Service Recipient’s Data Administrator – the Service Provider in relation to the personal data of the Service Recipient, who is an individual conducting business activities, processed in connection with the use of the Service and Services available through it;
- Mobile Application – Moniti RCP Terminal Application or Moniti Personal Mobile Application as part of the Moniti System, cooperating with the Management Panel and supplementing it;
- Moniti Personal Mobile Application – software along with non-software elements for mobile devices (tablets, smartphones) with iOS and Android operating systems (with available Google Play service) enabling, among others, the use of work time registration and GPS monitoring functions dedicated to field and remote workers;
- Moniti RCP Terminal Mobile Application – software along with non-software elements for mobile devices (tablets, smartphones) with iOS and Android operating systems (with available Google Play service) enabling, among others, the use of work time registration functions dedicated to stationary workers;
- Price List – a list of current information on the net prices of paid Services expressed in Polish zlotys (PLN), available on the Service in the “PRICE LIST” tab and constituting an integral part of the Regulations;
- Personal Data – any information about an identified or identifiable natural person;
- Instructions – information, messages, and explanations in the form of text, illustrations, graphics, video, sound recordings, and other forms of communication posted on the Service as a description of the functionalities, possibilities, and operating principles of the Moniti System;
- Consumer – a natural person who makes a legal transaction with an Entrepreneur not directly related to their business or professional activity;
- Employee Account – a set of resources and permissions within the System assigned to the Employee of the Service Recipient available after prior registration and granting permissions to the Employee by the Service Recipient in the Management Panel and logging in by the Employee using an e-mail address and password;
- Service User Account – a collection of resources and permissions within the System assigned to the Service User, available after registering on the Website and logging in by the Service User using an email address and password;
- Billing Period – the period for billing paid Services provided under the Subscription purchased by the Service User (e.g., 1-month, 12-months);
- Management Panel – online software that is a functionality of the Moniti System, accessible via the Website from the Service User’s Account, used for registering and managing employees’ working time and streamlining the Service User’s HR and payroll tasks;
- Data Processor – an entity processing Personal Data as defined in Article 28 of the GDPR on behalf of the data controller under a data processing agreement, where in this document it will be the Service Provider in relation to the Personal Data of the Service User’s Employees, for whom the Service User is the Personal Data controller under GDPR;
- Service User’s Employee/Employee – an individual employed by the Service User under a work contract or collaborating under a civil law agreement (e.g., co-worker, contractor) authorized by the Service User to access the Moniti System;
- Business as Consumer – a Business using Services that are not of a professional nature, granted consumer rights under the law (including: Article 38a of the Consumer Rights Act and Articles 385 5, 556 4, 556 5, 576 5 of the Civil Code);
- Entrepreneur – an individual (not a Consumer or Business as Consumer), legal entity, or organizational unit without legal personality, granted legal capacity under specific law, conducting business activities, including partners in a civil law partnership in the scope of their business activities;
- Terms of Service – these Terms of Service specifying the rules for providing Services and entrusting Personal Data;
- GDPR – General Data Protection Regulation, European Parliament and Council Regulation (EU) 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, repealing Directive 95/46/EC;
- Website – the online service available at: https://Moniti.app/ and its subdomain addresses;
- Moniti System/System – a software solution (software along with non-software elements) equipped with a set of functionalities as mentioned in the Terms of Service, Price List, and Instructions, available to Service Users through the Management Panel and using the Mobile Application.
- Electronic Service Provision – the performance of a service provided remotely without the simultaneous presence of the parties, through data transmission upon individual request of the service recipient, transmitted and received by electronic processing devices, including digital compression and data storage, which is entirely transmitted, received, or conveyed via a telecommunications network as defined by the Telecommunications Law of 16 July 2004;
- Agreement – an agreement for the provision of Services entered into between the Service Provider and the Service User via the Website by accepting the Terms of Service, which pertains to the use of the functionalities of the Moniti System and/or the use of other Services provided under the Terms of Service;
- Services – services provided electronically via the Website under the Terms of Service (paid and unpaid);
- Service User – a Business utilizing the Services;
- Service Provider – Tres Comas Limited Liability Company, headquartered in Warsaw, al. Jana Pawła II 80, 00-175 Warsaw; registered in the National Court Register maintained by the District Court for the Capital City of Warsaw, XII Commercial Division, under KRS number: 0000880619, Tax Identification Number (NIP): 5252850692, National Business Registry Number (REGON): 388144190, share capital: PLN 10,000, email address: [email protected];
- Copyright Law – the Act of 4 February 1994 on Copyright and Related Rights (as amended on 6 June 2019, Journal of Laws of 2019, item 1231);
- Act on Providing Services Electronically – the Act of 18 July 2002 on Providing Services Electronically (consolidated text, Journal of Laws of 2017, item 1219);
- Order – a declaration of intent made by the Service User to the Service Provider aimed at purchasing paid Services available within the Moniti System.
§ 3. Using the Website and Moniti System
- Within the Website, the Service Provider enables the Service User to:
- Access information about the scope and terms of Service provision,
- Read blog posts about current events and information on labor law and business optimization,
- Send inquiries via the contact form,
- Engage in online chat conversations,
- Subscribe to the newsletter,
- Register a Service User Account, log in to the Service User Account, place Orders,
- Use free Services – managing the Service User Account, using the Moniti System under the free plan (up to 5 employees),
- Use paid Services – using the Moniti System under a purchased Subscription.
- The Service Provider provides Services continuously, 7 days a week, subject to the provisions of paragraph 4 below.
- Support and technical assistance are provided by the Service Provider electronically via email: [email protected] or through online chat after logging into the Management Panel from Monday to Friday (except public holidays in the Republic of Poland) between 9.00 – 17.00.
- The Service Provider reserves the right to temporarily suspend the provision of Services in connection with the need for service or repair work, as well as due to modernization or reconstruction of the System. The Service Provider will make every effort to ensure that interruptions in the provision of Services are not burdensome for the Service Users, in particular, that they occur during night hours and last as briefly as possible. Information about the planned temporary suspension of the Website and/or System for at least 12 hours will be communicated to Service Users electronically through the Service User Account or to the email address provided during registration.
- The Service Provider, subject to the provisions of paragraph 6 below, will refund the Service User the fee for the paid Service in case of complete lack of access to the System or complete lack of guaranteed functionalities for a period longer than 3 days (hereinafter: “Compensation”) in an amount proportional to the time and extent to which the Service User did not have access to the System or functionalities. The Compensation shall not exceed the amount of the fee paid for the given Billing Period and does not include lost profits. Compensation will be paid upon explicit and justified request of the Service User submitted electronically to: [email protected] after prior calculation by the Service Provider.
- The Service Provider is not liable for disruptions in access to the Website and/or System and related problems in the realization of Services, nor is liable for damage resulting from the loss of data by the Service User caused by:
- Force majeure (which should be understood as an event sudden, unpredictable, and independent of the will of the Service Provider, e.g., fire, flood, natural disasters, epidemic, earthquake),
- Failures of the Service User’s equipment,
- Interruptions in electricity or Internet connectivity,
- Risks associated with the use of the network by the Service User (hacker attacks, viruses, etc.),
- Unauthorized interference by Service Users or third parties or incorrect functioning of telecommunication systems and software installed on the Service User’s computer equipment,
- Lack of knowledge or non-compliance by the Service User and the Service User’s Employees with the Terms of Service, Instructions, and generally applicable legal regulations.
- Using the Website and Moniti System requires meeting the following minimum technical requirements:
- Having a device with a stable Internet connection with a bandwidth of at least 1/1Mbit;
- Installing a web browser capable of properly displaying the Website’s resources, namely Internet Explorer, Firefox, Chrome, Safari, with the Service Provider recommending the latest stable versions of these browsers;
- Having an active email address, and in the case of using the System functionalities through the Mobile Application, it additionally requires: having a device (smartphone or tablet) with Android (7.0 or higher) or iOS (13 or higher) operating system, equipped with a built-in camera and/or GPS module and permissions granted to use the GPS module by the app at the “Always Allow” level.
- The Client commits to using the Service and/or System in accordance with their purpose, the Terms of Service, Guidelines, and in compliance with applicable laws, social coexistence norms, and good manners. Utilizing the resources and functions available in the Service and System for purposes other than those stated in the Contract requires separate, prior written consent from the Client.
- By accepting these Terms of Service, the Client particularly commits to:
- respecting the prohibition of delivering unlawful content, which includes, but is not limited to: the prohibition of posting offensive, false, immoral content, violating good manners, promoting violence and hatred,
- refraining from actions aimed at disrupting the operation of the Service and/or System or obtaining information and data not intended for the Client,
- refraining from any other actions that would be inconsistent with applicable laws, good manners, or would violate the rights and personal interests of the Service Provider and third parties (including intellectual property rights).
- All activities undertaken in connection with the use of the Moniti System by the Client’s Employees are performed on behalf of and for the Client. If the Client or an authorized Employee, while using the Service and/or System, violates the Terms of Service or applicable laws, or otherwise acts to the detriment of the Service Provider and third parties, the Service Provider may, in accordance with Article 14 of the USUDE, restrict their access (block the Client’s Account and associated Employee Accounts) or deny access to the Service and/or System with immediate effect. The Client will be promptly informed about such measures by the Service Provider.
- In the event of a situation referred to in section 11 above, the Client is required to immediately take action to remove the cause of the restriction or blocking of access to the Client’s Account, otherwise, the Service Provider is entitled to terminate the Contract with immediate effect without notice. In such a case, the Client is not entitled to a refund for the unused Billing Period.
§ 4. Client Account and Use of the Management Panel
- Registration and maintenance of a Client Account are free of charge. A Client may only have one account.
- After completing the steps mentioned in section 2 above, the Client gains access to their Account and receives a registration confirmation via email (marking the moment of Contract conclusion regarding the operation of the Service Provider’s Account).
- The Client Account is maintained for an indefinite period, subject to the provisions of section 6 below.
- The Service Provider reserves the right to delete the Client’s Account (along with associated Employee Accounts and their information) within 3 months from the date of the last login to the Client’s Account after the end of using paid Services or after the trial period ends, which equates to the termination of the Contract, as well as in the situations mentioned in § 3 section 12 and § 12 section 7 of the Terms of Service. The Client is entitled to delete their Account at any time without providing a reason, by contacting the Service Provider via email at [email protected] or through online chat. Cancellation of the Client Account does not entitle the Client to a refund for the unused and paid Subscription.
- Logging into the Client Account requires a username and password. The username is the Client’s email address, and the password is provided by the Client during the registration process.
- Changing or recovering a password is possible by using the password reset function available on the login panel (“Forgot Password”).
- The Client may be requested to provide additional data, other than those mentioned in section 2 above, in connection with the execution of the Contract (including data necessary for invoicing for paid Services), of which they will be notified separately at the stage of placing an Order, or they may complete it themselves via the Management Panel under the “Subscription” tab.
- During the registration of the Client Account, the Client is obliged to provide current and truthful data, which are not misleading and do not infringe upon the rights and goods of third parties.
- In the event of data changes, the Client is obligated to keep them updated.
- The Client is obliged to keep their login password confidential and not to share it with third parties. To maintain login security, the Service Provider recommends changing the login password every 30 days. The Service Provider is not responsible for the consequences of the Client sharing their password with third parties.
- Upon logging in, the Client gains access to the Management Panel and its functionalities available within the active Subscription or as part of the free access to the Moniti System (Free plan). Individual functionalities are detailed in the Instructions, Price Lists, and subscription plans posted on the Website.
- Inputting personal data of the Client’s Employees in the System, including creating, managing, and updating their Employee Accounts, granting permissions for different System functionalities, registering and managing work hours, and handling HR and payroll tasks using the System, is equivalent to entrusting this data as outlined in § 11 of the Terms of Service (data processing agreement).By accepting the Terms of Service and using the System, the Client acknowledges that they are the Data Controller of the Employees’ data entered into the System and fully responsible for complying with GDPR and other applicable legal requirements, particularly for having and properly documenting the legal basis for processing the Personal Data of Employees entrusted to the Service Provider.
- The Client is obliged to inform their Employees about the Terms and is jointly responsible with them for all actions related to their use of the System (including the content entered into the System).
- Content submitted into the Moniti System through the Service Provider’s Account and Employee Accounts is stored in the System for the duration of the Agreement, but no longer than until the deletion of the Client’s Account and associated Employee Accounts as defined in section 6 above, with data in the form of photo confirmations and geolocation stored no longer than 3 months from their creation and entry into the System. After the expiration of the aforementioned terms, there is a complete and irreversible deletion or anonymization of this data.
§ 5. Free Access to the Moniti System
- The Client’s Account is free under the Free plan for five or fewer users.
- Free access under the Free plan ensures functionalities of the System as described in the Instructions.
- Access to the Moniti System under the Free plan is lifelong.
- While using the Free plan, an order can be placed for paid Access Services to the Moniti System.
§ 6. Paid Services – Access to the Moniti System under a Subscription
- Placing an Order requires logging into the Client’s Account, selecting a Subscription through the “Subscription” tab, and making a payment in accordance with the Price List and the terms specified in § 8 of the Terms of Service.
- The Service will be activated immediately after the funds are credited to the Service Provider’s account. The Client will receive an automatic notification of the Service activation under the chosen Subscription via email to the address provided during the registration of the Client’s Account.
- In case of the expiration of the Billing Period for which the Subscription was purchased, the extension of the Service Agreement may occur through the Client placing a new Order under the terms mentioned in section 1 above.
- Before the expiration of each Billing Period, the Service Provider sends a message to the Client regarding the end of the Billing Period and the need to make another payment.
- A Client who wishes to upgrade their Subscription to a higher level during the Billing Period, thereby gaining access to additional System functionalities, may express this need to the Service Provider via email at [email protected] or through online chat, and then make an additional payment for the remaining Billing Period in the amount of the proportional price difference. If the Subscription is downgraded during the Billing Period, the price difference is not refunded to the Client.
- The Agreement for providing paid access service to the Moniti System is concluded for the duration specified in the Subscription terms.
- The Service Provider is entitled to terminate the Agreement for paid Services without notice in the event of the Client’s breach of obligations mentioned in § 3 section 10 of the Terms of Service, as well as in the situation referred to in § 3 section 12 of the Terms.
§ 7. Mobile Applications
- The Service Provider offers the Client the Moniti Personal Mobile Application and the Moniti Terminal RCP Application, which are integral parts of the Moniti System.
- The mobile applications can be downloaded for free from Google Play (Android) or App Store (iOS), as well as from the Service by downloading the .apk file under the “Applications” tab.
- Using the functionalities of the Mobile Application requires its prior download and installation on a device (tablet, smartphone) that meets the technical requirements specified in § 3 section 7 of the Terms of Service.
- The use of the Mobile Application is free of charge. Uninstalling the Mobile Application or not using it by the Client does not affect the terms of providing paid Services.
- The Client or an authorized Employee may independently uninstall the Mobile Application from their device and remove all data and content contained within it.
§ 8. Payments
- The Client is obligated to pay in advance for the paid Service (hereinafter referred to as “Remuneration”) no later than 7 days from the receipt of the Order confirmation. If this period lapses, the Order will be canceled.
- The Service Provider allows payment in the following forms: traditional bank transfer and by credit card.
- The entity providing online payment services for card payments is Stripe, and for bank transfers, the payment system is ChargeBee.
- In case of unused funds for a transaction made by the Client, the Service Provider will convert these funds into “credits” that can be used in the future, without the possibility of a cash refund or credit to a credit card account.
- The payment date is the date the Service Provider’s bank account is credited.
- The Service Provider bears the costs associated with the execution of payments.
- Subsequent payment for the use of paid Services is made depending on the Billing Period chosen by the Client, under the terms specified in § 6 section 3 of the Terms of Service.
- The Service Provider will issue an invoice to the Client based on the data provided by the Client and send it to the Client’s email address within 7 days from the date of funds being credited to the Service Provider’s account.
- The Service Provider agrees to receive invoices from the Service Provider electronically, in accordance with Article 106 n section 1 of the Act of March 11, 2004, on goods and services tax.
- All changes regarding subscription fees will be announced on the Service by publishing the current Price List.
- A change in the Price List does not affect the change in the amount of subscription fees for users in the current subscription until its renewal.
- A change in the Price List does not affect the change in the amount of subscription fees paid by the Client based on the Agreement concluded before the publication of the amended Price List.
- The amount payable on the invoice is calculated according to the Price List presented on the Application’s website. The price determination also includes promotions organized by the Provider and individually granted discounts by them.
- Subscription prices are net prices (i.e., they do not include VAT). The subscription price is expressed in Polish zloty, euros, US dollars.
- The currency chosen for the first payment does not change for subsequent payments for subscription renewal.
- The user cannot change the currency chosen during the first payment for the second and subsequent payments.
- The Service Provider does not store in its system data enabling transaction execution except for the last 4 digits of the card number in case of this payment form, and its expiration date, but only transfers them to the payment provider.
- It is necessary to familiarize oneself with the transaction details, as the final price may include taxes (VAT) covered by the client.
- If the user purchases a service subscription, we will immediately charge the indicated payment method, and then charge it at the beginning of each subscription period.
§ 9. Complaints
- In case of any concerns about the operation of the Service and/or Moniti System as well as the provided Services, the Client may file a complaint.
- Complaints should be submitted via email to: [email protected].
- To enable effective consideration of the complaint, the Client should specify in it:
- identification of the Client (including providing an email address),
- a description of the reported concerns, irregularities, and discrepancies along with the date of their occurrence,
- claims related to the complaint.
- Before considering the submitted complaint, the Service Provider may ask the Client to supplement it if the information provided by the Client mentioned in section 3 requires clarification for proper consideration of the complaint.
- The Service Provider commits to review the submitted complaint or reported irregularities and respond to the Client promptly, but no later than within 30 days from the date of its receipt.
- The response to the filed complaint will be given to the Client electronically to the email address provided by the Client in the complaint, unless the Client requests a different form of response in the complaint (e.g., phone, post).
§ 10. Personal Data of the Client
- The Administrator of the Client’s data processed in connection with the use of the Service and the Services available through it (including the use of the Moniti System) is the Service Provider.
- The Service Provider processes the personal data of the Client, as mentioned in section 1 above, in accordance with the GDPR and other applicable legal provisions, ensuring their security and confidentiality.
§ 11. Powierzenie przetwarzania danych osobowych (umowa powierzenia)
1. Powierzenie przetwarzania Danych Osobowych
- The Data Controller of the Employees’ data entrusts the Data Processor, in accordance with Article 28 of the GDPR, to process the Employees’ personal data under the terms and for the purpose specified in this paragraph.
- The Data Processor commits to process the entrusted personal data solely on the documented instruction of the data administrator (which means the data processing agreement, as defined in § 11 of the Terms of Service), in accordance with the GDPR and other applicable laws.
- The Data Processor declares that it ensures sufficient guarantees for the implementation of appropriate technical and organizational measures, ensuring an adequate level of security corresponding to the risk associated with processing Personal Data, so that the processing meets the requirements of the GDPR and truly protects the rights of the data subjects.
- The Data Controller of the Employees declares that they are authorized to process data to the extent that they entrust it to the Data Processor, particularly that they have fulfilled all the actions required by the GDPR and other applicable laws and that they have an appropriate legal basis for their processing (e.g., the consent of the data subject, if required).
2. Scope and Purpose of the Data Processing Agreement and the Processing Duration
- The Data Controller of the Employees’ data entrusts the Data Processor with the following Personal Data of the Employees:
- name and surname, phone number, email address, job title, department, salary, image captured via photograph, GPS location (geolocation),
- other data necessary for using the System functionalities. The scope of the entrusted data depends on the functionalities available within the Subscription and can be expanded or limited at any time by the Employee Data Controller.The limitation or expansion of the scope of entrustment can be made by the Employee Data Controller sending information on this matter to the Data Processor electronically (to the email address: [email protected]).If the Data Processor does not respond within 5 business days from the date of sending the message, it is assumed that the Data Processor has accepted the change in the scope of entrustment.
- The Personal Data entrusted by the Employee Data Controller will be processed by the Data Processor solely for the proper execution of the Agreement by the Data Processor, including: enabling access to the Moniti System and the use of its functionalities, providing technical support, and creating backups for the period necessary to fulfill the Agreement.
- The processing time by the Data Processor of the entrusted data will not exceed what is necessary to ensure the correct provision of Services, i.e., from the moment of creating the Client’s Account on the Service to 3 months after the deletion (removal) of the Client’s Account and associated Employee Accounts.The data processing period may be longer if Polish or European Union law imposes such an obligation on the Service Provider.
3. Obligations of the Data Processor
- The Data Processor commits to exercise due diligence in processing the entrusted personal data.
- The Data Processor commits to granting authorization for processing personal data to all individuals who will be processing the entrusted data for the purpose of executing this data processing agreement and to train them in the field of data protection. It also ensures that the individuals authorized to process the data will be obliged to maintain the confidentiality of the processed data. The obligation of confidentiality includes both the period of employment or cooperation of these individuals with the Data Processor, as well as after its termination.
- The Data Processor commits to maintaining a register of all categories of personal data processing activities conducted on behalf of the Employee Data Controller.
- Upon the completion of services related to the processing of the entrusted data, the Data Processor returns the Personal Data to the Employee Data Controller and deletes all existing copies or sends confirmation of their destruction in electronic form, unless European Union law or the law of the member state requires the storage of personal data.
- To the extent possible, the Data Processor assists the Employee Data Controller in fulfilling the obligation to respond to requests from the data subject and in complying with the duties specified in Articles 32-36 of the Regulation.
- Upon detecting a breach of the entrusted personal data, the Data Processor immediately reports it to the Employee Data Controller. Until the Data Processor receives instructions on how to proceed regarding the data breach, the Employee Data Controller of the Client undertakes without undue delay all actions aimed at limiting and remedying the negative effects of the breach.
- The Data Processor documents all breaches of the protection of the data entrusted by the Employee Data Controller, including the circumstances of the breach, its effects, and the remedial actions taken, and also makes this documentation available to the Employee Data Controller.
- The Data Processor is responsible for the actions of its employees and other individuals involved in processing the entrusted personal data, as if they were their own actions and omissions.
- The Data Processor commits to promptly inform the Employee Data Controller of any proceedings (particularly administrative or judicial) related to the processing of personal data by the Data Processor as specified in this data processing agreement, any administrative decisions or rulings concerning the processing of these data directed to the Data Processor, as well as about any planned or ongoing inspections and audits regarding the processing within the Data Processor of these personal data, especially those conducted by inspectors authorized by the Office for Personal Data Protection. This section applies exclusively to the Personal Data that the Employee Data Controller has entrusted to the Data Processor.
- The Data Processor commits to maintaining the confidentiality of all information, data, materials, documents, and personal data received from the Employee Data Controller and those cooperating with them, as well as data obtained in any other intentional or accidental manner, whether orally, in writing, or electronically (“confidential data”).
- The processing entity declares that due to the obligation to keep confidential data secret, it will not be used, disclosed, or shared without the written consent of the Data Administrator of the Employees for any purpose other than the execution of the Agreement, unless the necessity to disclose the information arises from applicable legal regulations or the Agreement.
- The processing entity provides, upon request of the Data Administrator of the Employees, all information necessary to demonstrate that it has fulfilled the obligations arising from the data processing agreement and applicable legal regulations.
4. Further Data Processing
- The Data Administrator of the Employees grants consent to the Processing Entity for the further entrustment of processing the Personal Data of the Employees, as mentioned in sect. 2 point 1 of this paragraph, to technology providers offered by Google Cloud and OVH for purposes related to the execution of the Agreement, including in connection with the provision of hosting services.
- The sub-entrustment, as referred to in point 1 above, is solely aimed at ensuring the proper and secure operation of the Moniti System and the provision of Services in accordance with the Agreement.
- The OVH data centers, where the data is stored, are located in a member state of the EU, where an adequate level of their protection is ensured. Details regarding the security level of OVH and compliance with GDPR are available at: https://www.ovh.pl/ochrona-danych-osobowych/.
- The Processing Entity may entrust the Personal Data covered by this data processing agreement for further processing to another subcontractor for the purpose of executing the Agreement, after obtaining prior written, including electronic form, consent of the Data Administrator of the Employees.
5.Liability of the Processing Entity
- The Processing Entity is responsible for providing or using the Personal Data of the Employees in a manner inconsistent with the content of this data processing agreement, in particular for providing the personal data entrusted for processing to unauthorized persons.
- The Processing Entity is liable for actual damages caused by the processing of personal data in a manner violating the GDPR provisions, if it did not fulfill the obligations imposed on it by the GDPR, or if it acted outside the lawful instructions of the Personal Data Administrator of the Service Recipient’s Employees or contrary to these instructions.
§ 12. Intellectual Property Rights
- Both the Service and the Moniti System contain content protected by intellectual property law.
- Exclusive rights to the content published in the Service, including but not limited to rights to graphics, publications, logos, trademarks, belong to the Service Provider or entities with whom the Service Provider has concluded appropriate agreements. Therefore, no content may be copied, modified, distributed, downloaded, transmitted, sold, or otherwise used in whole or in part without the Service Provider’s prior consent.
- Property copyright rights as defined by the Copyright Act to the Moniti System, including mobile Applications, belong to the Service Provider, except for elements that are considered open-source software, which is distributed under the terms of the granted license.
- By using the Service and the Services provided through it (including using the Moniti System), the Service Recipient does not acquire any copyright rights.
- The Service Provider grants the Service Recipient only a non-exclusive license (hereinafter: “License”) authorizing the use of the Moniti System in a manner consistent with its purpose, on the terms set out in the Regulations and constituting its integral part of the Instructions and Price Lists. The license granted to the Service Recipient does not authorize the granting of further licenses (sub-licenses).
- The license is granted by the Service Provider without territorial restrictions for a specified period corresponding to the period of providing the Service of access to the Moniti System and expires with the deletion of the Service Recipient’s Account.
- The fee for granting the License is included in the Remuneration.
- Violation of the License by the Service Recipient or the Employee of the Service Recipient constitutes a basis for blocking access to the Service Recipient’s Account on terms analogous to those in § 3 section 11 of the Regulations and for terminating the Agreement with immediate effect (without notice period).
§ 13. Final Provisions
- The Terms and Conditions may be amended by the Service Provider. The Service Provider will inform the Service Recipient of each change in the Terms and Conditions via the Service and according to the principles set out in sect. 3 below.
- The Service Provider has the right to change these Terms and Conditions, especially in cases of:
- Limiting or extending the scope of Services provided,
- Changes in legal regulations that directly affect the content of the Terms and Conditions or the operation of the Service Provider,
- Issuance of decisions, provisions, or judgments by administrative bodies or courts that affect the implementation of the Services covered by these Terms and Conditions,
- Introduction of new technological solutions related to the services covered by these Terms and Conditions,
- Introduction of solutions aimed at improving the operation of the Service and the System and supporting Service Recipients, changes in the Service Provider’s data,
- Introduction of solutions aimed at enhancing privacy and preventing abuse.
- A Service Recipient with an active Service Recipient’s Account will be informed of changes to the Terms and Conditions electronically. Within 14 days of receiving the notification, the Service Recipient may object to the introduced changes by sending such information electronically to the Service Provider at the email address: [email protected]. Submitting an objection is equivalent to expressing the will to delete the Service Recipient’s Account along with the data contained therein. If the objection is submitted during the Service Recipient’s use of the Trial Period or paid Services within the Subscription, the deletion of the Service Recipient’s Account will occur after the end of the Trial Period or, respectively, after the end of the Billing Period.
- Changes to the Terms and Conditions do not affect the Services available within the Service ordered before the changes take effect.
- The Service Provider may, under a separate agreement concluded with the Service Recipient, differently regulate the rules for using the Moniti System. In such a case, in the event of a conflict, the provisions of the agreement take precedence over the provisions of the Terms and Conditions.
- Agreements concerning the use of the Moniti System’s functionalities are not concluded with Consumers or Entrepreneurs on consumer rights, which means that the Service Recipient who has concluded such an agreement is not entitled to withdraw from a distance contract under the Act of May 30, 2014, on consumer rights or other consumer-like rights. Furthermore, in terms of using the System, the Service Provider’s liability under the warranty regulated in Art. 556 and subsequent of the Civil Code is also excluded.
- If any of the provisions of the Terms and Conditions prove to be invalid in whole or in part, the remaining provisions remain in force.
- All disputes between the Service Provider and the Service Recipient will be settled by the court competent due to the Service Provider’s seat.
- In matters not regulated in these Terms and Conditions, the provisions of generally applicable Polish law shall apply.