TERMS AND CONDITIONS
of the access service to the TRAFFIT System
I. Initial provisions
1. TRAFFIT System is provided by TRAFFIT spółka z ograniczoną odpowiedzialnością with its registered office in Gdynia, Aleja Zwycięstwa 96/98, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court Gdańsk-Północ in Gdańsk, 8th Commercial Division of the National Court Register with the following number: KRS 0000500186, with tax identification number: 5862288562 and REGON (registration number): 222042972.
2. The TRAFFIT System access service is provided on principles set out in these Terms and Conditions. These Terms and Conditions (hereinafter: Terms) define in particular the rights and obligations of parties to ensure and provide an access service to the TRAFFIT System.
The names used herein shall mean:
1. TRAFFIT Sp. z o.o., Processor – shall mean TRAFFIT spółka z ograniczoną odpowiedzialnością with its registered office in Gdynia, Aleja Zwycięstwa 96/98, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court Gdańsk-Północ in Gdańsk, 8th Commercial Division of the National Court Register with the following number: KRS 0000500186, with tax identification number: 5862288562 and REGON (registration number): 222042972.
2. Client – shall mean a natural or legal person or an organisational unit without legal personality, using the TRAFFIT System on the basis of these Terms
3. Consumer – natural person conducting a legal activity with the entrepreneur not relating directly to its business or profession.
4. Terms – shall mean these Terms and Conditions
5. TRAFFIT system – shall mean an internet application owned by TRAFFIT Sp. z o.o., available at the address provided by the Client at the time of Demo registration, located in the traffit.com subdomain, used to streamline the recruitment process and manage customer and candidate databases.
6. Candidate – shall mean a natural person participating in the Client’s recruitment processes.
7. Service – shall mean the service of creating and sharing an account in the TRAFFIT System according to these Terms and enabling the Client to use the service consisting of Internet access to the TRAFFIT System and use of its features for remuneration in accordance with the plan selected by the Client and described at: https://traffitcom.wpengine.com/pl/cennik/
8. Personal Data – shall mean personal data under Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC ( hereinafter referred to as “GDPR”) entrusted to TRAFFIT Sp. z o.o. by the Client, including personal data of the Candidates.
9. Account – shall mean the Client’s account in the TRAFFIT System.
10. Demo – shall mean a free test account registered by the Client at: https://traffitcom.wpengine.com/signin/, active for 14 days from registration, making it possible to test the TRAFFIT System before purchasing the Service.
11. User – a natural person to whom the Client grants access to the System.
12. Plan – an option that the Client chooses for its Users. Individual options differ in access to individual System features and are described in at: https://traffitcom.wpengine.com/pl/cennik/
III. Use of the TRAFFIT System
2. In order to create an Account, the Client should complete the registration form in the extent specified by TRAFFIT Sp. z o.o. as obligatory and follow the system messages displayed.
3. Filling out the registration form results in setting up a Demo account, which can be paid for by connecting a credit card and selecting the option (plan). Connecting a credit card, choosing a plan and confirming the transaction is equal to the purchase of the Service.
4. Failure to connect a credit card during the trial period (Demo) and failure to declare a willingness to pay by bank transfer results in deletion of the Account and the data on it, specified during the trial period (termination of the Service contract). The Service can also be purchased after the trial period expires.
5. The Client’s use of the Service, in particular sending a filled out registration form to TRAFFIT Sp. z o.o. is equal to the Client concluding a contract with TRAFFIT Sp. z o.o. for the provision of the Service defined in these Terms on principles specified therein. The Service is provided to the Client immediately after creating an account and performing technical activities necessary to provide the Service by TRAFFIT Sp. z o.o.
6. The Client may resign from using the Service (terminate the contract for the provision of the Service) at any time, with a one-month notice period, effective at the end of the next billing period.
7. TRAFFIT Sp. z o.o. may terminate the contract for the provision of the Service with the Client, with a notice period of one month, effective at the end of the next billing period, subject to other provisions of these Terms.
8. During the term of the contract, the Client is entitled to change the selected TRAFFIT System Access Plan, the selected number of accesses for Users and the length of the billing cycle (e.g. from monthly to annual). Such a change is possible for both payment methods available (credit card and bank transfer). A change of the option and the number of Users takes effect immediately. The change is made by the Client in the System.
9. After the termination of the Contract, TRAFFIT Sp. z o.o. will delete the Client’s account and any data specified by the Client in the TRAFFIT System within 14 days. At the Client’s request, the parties may determine the method of exporting this data to the Client before deleting it. The export will be made in the form of a .csv file containing Candidate data (according to their structure in the system) as well as recruitment data. In the case of CV files of the Candidates, they will be exported to disk space provided by the Client.
11. A user creating an Account is obliged to provide true data during registration. It is forbidden to provide access to the Account to third parties, including by sharing the login and password. Each login procedure is carried out using the data provided in the Account registration form.
13. The rights to the logotype and name of the TRAFFIT System are owned by TRAFFIT Sp. z o.o. and are protected by law.
14. TRAFFIT sp. z o.o. may delete any content that violates these Terms, the good name or interests of TRAFFIT sp. z o.o. or third parties.
15. All rights to the TRAFFIT System are reserved to TRAFFIT sp. z o.o., as well as the rights to its text and graphic elements, photos, applications and databases, and are protected under the Polish and international laws, including in particular the provisions of the Act of 4 February 1994 on copyright and related rights (Journal of Laws No. 24, item 83, as amended), the Act of 27 July 2001 on the protection of databases (Journal of Laws No. 128, item 1402, as amended) as well as the Act of 16 April 1993 on combating unfair competition (Journal of Laws No. 47, item 211, as amended),
16. The use of text and graphic materials, photos, applications and databases as well as other elements contained in the TRAFFIT System, is not equal to the Client acquiring any rights relating to intangible property, works and databases contained therein.
17. TRAFFIT sp. z o.o. is not a provider of data transmission services or telecommunications services. All costs related to data transmission services or telecommunications services required to run and use the TRAFFIT System are incurred by the Client, on the basis of an agreement concluded with an Internet provider or a telecommunications service operator.
18. TRAFFIT sp. z o.o. declares that the public nature of the Internet and the use of electronic services may involve the risk of obtaining, appropriating or modifying data of Clients as well as data collected within the TRAFFIT System. In order to protect such data, Clients should apply adequate technical measures that will limit the above risks to a minimum, including in particular anti-virus software or programmes protecting the identity of people using the Internet.
19. For individual services available in the TRAFFIT System, TRAFFIT sp. z o.o. may introduce separate terms of service in which separate procedures or conditions for concluding and terminating contracts for the provision of electronic services will be defined.
20. The TRAFFIT System is used to present information and advertising content. TRAFFIT sp. z o.o. has the right to post and present advertising/commercial content in the TRAFFIT System or materials related to goods or services offered by TRAFFIT sp. z o.o. and goods or services of third parties, in forms typically used on the Internet.
IV. Client’s rights and obligations
1. The Client will comply with the provisions of laws applicable on the territory of Poland and the provisions of these Terms. The Client is obliged to introduce Users to the content of these Terms and is responsible for their actions and omissions in the area of compliance with the law and these Terms as for their own actions and omissions.
2. The Client/User is obliged to:
a) not to infringe the rights or personal interests of TRAFFIT sp. z o.o. and/or of third parties, in particular candidates;
b) not to share in any way the login and password to the Client’s account in the TRAFFIT System with third parties, other than the Client’s employees or other people acting on its behalf;
c) not to copy any TRAFFIT System elements or not to decompile the source code;
d) using the TRAFFIT System only for the purpose intended for the conducted business;
e) making timely payments.
3. The Client/User is solely responsible for the content of the data provided by them, and in the event that TRAFFIT Sp. z o.o. suffers a damage in connection with the content of the data provided by the Client, it is obliged to repair it to the extent that the damage was caused due to the Client’s fault.
4. TRAFFIT Sp. z o.o. is entitled to block the Account in the event of the Client/User acting in a manner that is inconsistent with these Terms, the law, infringing the rights of third parties or TRAFFIT Sp. z o.o. and in the case of delayed payment of even one amount due for more than 1 day. The Client will not be entitled to any claims against TRAFFIT Sp. z o.o. with respect to the above.
5. TRAFFIT Sp. z o.o. has the right to discontinue the provision of the Service, which is associated with the expiry of the contract for the provision of the Service and deletion of the Account along with its content (termination with immediate effect), in relation to the Client/User in the case of a violation of these Terms, the law, third party rights or TRAFFIT Sp. z o.o., and if the Client:
a) submitted untrue, inaccurate or outdated and misleading information, or information that violates the rights of third parties during the process of registration in the TRAFFIT System;
b) committed a violation of personal rights, in particular personal rights of the Candidates through the System;
c) committed other acts that are against the applicable laws, contrary to the objectives of creating the TRAFFIT System.
d) exceeded the payment deadline by more than 7 days.
6. Without a prior consent of TRAFFIT Sp. z o.o., the Client may not transfer rights or obligations related to the use of the Service onto a third party. The Client should refrain from sharing the login or password with third parties. The Client is responsible for the actions and omissions of third parties to whom it shared the password or login, as for the Client’s own action or omission.
7. The Client/User is not allowed to provide illegal content, in particular content that violates personal rights or other rights, constitutes threats or invectives, promoting hatred, or content that is offensive. It is also forbidden to promote other websites or post other promotional or advertising content using the System. In addition, any actions that may disrupt the operation of the TRAFFIT System are prohibited, in particular introducing malicious software, breaking security, taking over IP addresses, SPAM.
V. Rights and obligations of TRAFFIT Sp. z o.o.
1. TRAFFIT Sp. z o.o. is obliged to ensure secure storage of data entrusted to it in the TRAFFIT System and keep such data confidential. Only the employees of TRAFFIT Sp. z o.o. will obtain access to data, for which it is necessary for the proper provision of the Service and only for its implementation, as well as in the scope of receiving written authorisations in this regard, along with ensuring the confidentiality obligation by such employees. TRAFFIT Sp. z o.o. will make every effort to ensure that the transfer of data via the Internet as part of the use of the TRAFFIT System is secure, i.e. that the information sent is confidential, complete and comprehensive. Connections used by TRAFFIT Sp. z o.o. are encrypted.
2. TRAFFIT Sp. z o.o. reserves the right to block the Client’s access to the TRAFFIT System temporarily during the term of the Service, until a given issue is clarified, if it has reasonable doubt that the Client used the TRAFFIT System in a manner that constitutes a violation of the provisions of these Terms or in the event of overdue payments.
3. TRAFFIT Sp. z o.o. is authorised to a temporary interruption in the operation of the TRAFFIT System and the Services it provides due to technical reasons. TRAFFIT Sp. z o.o. will make every effort to ensure that the technical interruptions are as short as possible and are carried out beyond business hours – which is understood as between 8.00 a.m. and 5.00 p.m. Monday through Friday. TRAFFIT Sp. z o.o. guarantees SLA at the level of 99%.
4. In the event of an interruption in access to the TRAFFIT System lasting more than one day, the Client has the right to use the TRAFFIT System free of charge for as many days as the technical interruption lasted. The right to use the TRAFFIT System free of charge during the period referred to in the above sentence is the only compensation that the Client may claim from TRAFFIT Sp. z o.o. resulting from the lack of access to the TRAFFIT System. In the event of system unavailability for more than 3 business days, the fee for a given month will be cancelled. The Client hereby waives any other or further claims arising from the unavailability of the TRAFFIT System.
5. TRAFFIT Sp. z o.o. will not be liable towards the Client for non-performance or improper performance of services due to reasons not attributable to it, including reasons attributable to third parties beyond its control (such as telecommunications network operators), or due to force majeure. This does not apply to subcontractors of TRAFFIT Sp. z o.o. and other third parties through which TRAFFIT Sp. z o.o. provides its services. In such cases, TRAFFIT Sp. z o.o. is responsible for their actions and omissions as for its own actions and omissions.
6. Regardless of other provisions of these Terms, any liability of TRAFFIT Sp. z o.o. towards the Client due to the provision of the service of access to the TRAFFIT System and other services covered by these Terms, regardless of the legal and actual basis, is limited to the actual damages suffered by the Client except for mandatory provisions of law, and may not exceed the amount equal to the fees paid by the Client to TRAFFIT Sp. z o.o. for access to the TRAFFIT System in the last 12 months preceding the incident causing the damage, and if the Client used the TRAFFIT System for a shorter period – an amount equal to the fees paid during that period. The limitation of liability referred to in this paragraph does not include the Client’s damages suffered based on the provisions relating to the protection of personal data, in particular under the GDPR, in connection with a violation committed by the Service Provider of its obligations regarding the protection of Personal Data.
1. Under these Terms, TRAFFIT Sp. z o.o. and the Client/User shall keep secret and not disclose to third parties any information on the terms of the provision of the Service and any data (including trade secret) regarding the other party, which the party obtained during or in connection with the provisions of the Service, regardless of the manner and form of their storage or transfer, in particular in writing, photocopying, fax and electronic storage, unless such information is commonly known. The principle of confidentiality does not apply to the conclusion and provision of the Service.
2. TRAFFIT Sp. o.o. also undertakes to maintain the confidentiality of Personal Data entered into the System, as well as the Client and its business activities.
3. The above obligation does not relate to the following information:
a) information disclosed for the purpose of proper implementation of the subject of the Service by the Client,
b) information that was in possession of TRAFFIT Sp. o.o. before commencing Service provision,
c) information that was not made public,
d) information disclosed on the basis of the Client’s written consent.
4. The obligation of confidentiality set out in this paragraph does not violate the obligation to provide information to authorities under the mandatory provisions of law.
5. Subject to the provisions regarding the protection of confidentiality of personal data contained in the data processing agreement, the confidentiality obligation shall remain in force also after the completion of Service provision, for a period of 5 years.
1. All complaints shall be submitted to the following email address firstname.lastname@example.org or in the chat available on the following website: https://traffitcom.wpengine.com/
2. A complaint should enable identification of the person submitting it in order to inform them about the manner of processing the complaint. For this purpose, the person submitting the complaint should indicate in particular, their name and surname, and email address. In addition, the complaint should contain a description of the subject of the complaint, as well as the specific demand of the Client regarding the submitted complaint.
3. TRAFFIT Sp. z o.o. will process the complaint within 10 business days of its receipt, unless additional information is required from the Client or additional activities need to be undertaken. In such cases, the period of processing the complaint is extended accordingly.
4. The Client grants their consent to TRAFFIT Sp. z o.o. to interfere in the technical structure of an Account, in order to diagnose irregularities in the functioning of the Services, as well as to make changes or any other impact on the technical aspect of the Account in order to restore proper functioning of the Account itself or the Service, or for its modification in accordance with the demand specified in the complaint submitted by the User.
1. The fee for each month of access to the TRAFFIT System depends on the Plan picked by the Client and is collected in accordance with the price list available at: https://traffitcom.wpengine.com/en/pricing/ It is possible to settle the fee for access to the System in advance on an annual basis.
2. Fees for access to the TRAFFIT System are settled monthly (Billing period) using an automated system for payment collection from the Client’s credit/debit card registered by the Client in the system. If the transaction was made on the 29th, 30th or 31st day of the month, subsequent fees will be charged on the last day of each month.
3. If the Client fails to register the appropriate credit/debit card and does not choose the desired option in the system, the Client should pay the fees for subsequent monthly Billing Periods in advance on the basis of invoices received electronically within 7 days of receiving an invoice, to the following bank account of TRAFFIT Sp. z o.o.:41 1160 2202 0000 0002 7283 9726. The Client shall notify the Service Provider in writing (in electronic form) about the choice of this form of payment.
4. TRAFFIT Sp. z o.o. will issue the first VAT invoice within 3 days of the conclusion of the contract for the provision of the Service. The issue of the first invoice equals to the start of the billing period. TRAFFIT Sp. z o.o. will send the invoice to the Client by email to the address specified by the Client in the Payments section of the system, in .pdf format. Invoices will also be available in the system in the Payments section. The Client grants its consent to sending invoices in the manner specified in the previous sentence.
5. In the event of a delay in payments, TRAFFIT Sp. z o.o. is authorised to charge statutory interest for delay in commercial transactions. In the event that the delay in payments exceeds 1 day, TRAFFIT Sp. z o.o. is authorised to block the Client’s access to the TRAFFIT System until the payment is fully made.
6. The Client is obliged to pay the full fee for access to the TRAFFIT System also for the period of access unavailability to the System as a result of its blocking by TRAFFIT Sp. z o.o. in line with these Terms.
IX. Changes to the Terms
1. These Terms come into force upon their publication on the website 01.09.2020 r.
2. TRAFFIT Sp. z o.o. reserves the right to amend these Terms at any time, in particular due to important technical, legal and/or organisational reasons, without the need to justify such reasons. Changes to these Terms and Conditions will come into force on the day of their publication on the website at https://traffitcom.wpengine.com/en/terms/ (in particular by publishing a unified text of these Terms containing the changes introduced), to the extent permitted by the applicable laws. TRAFFIT Sp. z o.o. will notify existing Clients (who use the Service at the time of changing the Terms) about introducing such changes in the Terms.
3. In the absence of a consent to changes in these Terms, the Client is entitled to terminate the contract. In the event of a termination notice submitted within 7 days of changing these Terms, the current wording of the Terms shall apply during the notice period. The Client’s continued use of the Service after changes are introduced herein shall be equal to the Client’s confirmation that they have read the changes to these Terms and that the Client has submitted a statement on acceptance of all changes made herein.
4. Changes to these Terms shall in no way infringe upon the rights acquired by Clients who are consumers before the effective date of the changes made hereto.
X. Entrusting personal data processing
1. The Client declares that it is the sole administrator of Personal Data collected and processed by the Client using the TRAFFIT System and that it processes it in accordance with the applicable laws.
2. If, in connection with the provision of the Service, it is necessary to process personal data by TRAFFIT Sp. z o.o. (Processor), for which the Client is the controller (Controller), then the parties conclude an agreement to entrust the processing of Personal Data (hereinafter: Entrustment Agreement) on the terms indicated below.
3. The provisions of Chapter X specify the conditions under which the Processor performs operations related to personal data processing, on behalf of the Controller.
4. The Parties strive to regulate the processing of Personal Data so that they fully meet the provisions of Regulation (EU) 2016/679 of the European Parliament of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement such data and repealing Directive 95/46/EC (general regulation on data protection) (O J EU L 119, p. 1) – hereinafter referred to as GDPR.
5. By concluding the Entrustment Agreement, the Parties strive to regulate the processing of Personal Data so that they fully meet the provisions of Regulation (EU) 2016/679 of the European Parliament of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement such data and repealing Directive 95/46/EC (general regulation on data protection) (O J EU L 119, p. 1) – hereinafter referred to as GDPR.
6. In line with the terms specified in this Agreement, the Controller entrusts the Processor with processing (as defined by GDPR) of the Personal Data described later.
7. Data will be processed during the term of the Service and up to 14 days after the Controller has finished using the TRAFFIT System.
8. The nature of the processing is determined by the following role of the Processor:
a) providing access to the TRAFFIT System through Internet access, ensuring and maintaining a remote programming platform for recruiting employees in the hardware and software environment leased by the processor,
b) the purpose of processing is to enable the Controller to use the TRAFFIT System to conduct employee recruitment process.
9. The processing will include the following types of personal data (“Data”):
a) name and surname,
b) email address,
c) as well as other data collected by the Controller as part of the recruitment processes and entered into the System.
10. Data Processing will apply to the following categories of people:
b) potential candidates,
d) potential customers.
11. The Processor may entrust specific data processing operations (“sub-entrustment”) by means of a written sub-processing agreement (“Sub-Entrust Agreement”) to other processors, i.e. providing hosting services for data storage purposes (“Sub-Processor”). The provider of hosting services for TRAFFIT Sp. z o.o. is Amazon Web Services. The Controller agrees to such sub-processing of data (general consent of the controller).
12. When making a sub-entrustment, the processor shall oblige the Sub-Processor to fulfil all the obligations of the Processor under this Agreement, except for those that are not applicable due to the nature of the specific sub-entrustment.
13. The Processor processes Data only in accordance with the Controller’s orders or instructions. The Controller is responsible for the activities it performs in the System.
14. The Processor declares that it does not transfer Data to a third country or an international organisation (i.e. outside the European Economic Area (“EEA”)). The Processor also declares that it does not use subcontractors who transfer Personal Data outside the EEA.
15. If the Processor intends or is obliged to transfer Data outside the EEA, it shall notify the Controller about this fact, in order to enable the Controller to make decisions and undertake activities necessary to ensure compliance of the processing with the law or termination of the entrustment of processing.
16. The Processor obtains documented obligations of confidentiality from people who have been authorised to process Data under the Agreement, or alternatively ensures that such people are subject to the statutory obligation of confidentiality.
17. The Processor provides protection of Data and undertakes data protection measures referred to in Article 32 of GDPR, in accordance with the subsequent provisions of the Agreement.
19. The Processor is obliged towards the Controller to respond to the requests of the data subject in the exercise of the rights set out in Chapter III of GDPR (“Rights of Individuals”). The Processor declares that it secures the rights of the individuals with respect to the Data entrusted to it in accordance with the policies and procedures binding the Processor.
20. The Processor cooperates with the Controller when the Controller performs its duties in the area of personal data protection, referred to in Article 32-36 of GDPR (data protection, reporting of violations to the supervisory authority, notification of people affected by a violation of data protection, assessment of consequences for data protection and prior consultation with the supervisory authority).
21. If the Processor has doubts as to the legitimacy of commands or instructions issued by the Controller, the Processor will immediately inform the Controller about the identified doubt (documented and justified) and may refrain from executing commands or instructions at the Controller’s expense and risk until receiving comprehensive explanations.
22. When planning to make changes to the way Data is processed, the Processor is obliged to comply with the requirement of designing privacy referred to in Article 25, section 1 of GDPR and is obliged to inform the Controller in advance about planned changes in such a manner and on dates allowing to provide the Controller with a real possibility of reacting if the changes planned by the Processor threaten the agreed Data security level or increase the risk of violating the rights or freedoms of individuals as a result of Data processing by the Processor.
23. The Processor agrees to make access to Personal Data possible only to people whose access to the Data is necessary for the performance of the Agreement and who have the appropriate authorisations.
24. The Processor shall keep documentation describing the method of Data processing, including the record of processing activities (requirement of Article 30 section 2 of GDPR). At the request of the Controller, the Processor shall provide a record of processing activities, with the exception of information constituting a trade secret of the Processor or other Processor’s customers.
25. The Processor is obliged to provide people authorised to process Data with appropriate training in the field of personal data protection.
26. The Controller shall cooperate with the Processor in the performance of the Agreement, provide the Processor with explanations in the event of doubts as to the legitimacy of the Controller’s instructions, as well as perform its specific duties in a timely manner.
27. The Processor has carried out a risk analysis of the data entrusted and adopts its results with regard to organisational and technical data protection measures.
28. The Processor notifies the Controller of any suspected breach of Personal Data protection no later than within 72 hours from finding the risk of a violation and the violation itself and makes it possible for the Controller to participate in the investigation, while notifying the Controller of the arrangements when they are made, in particular when the violation is found.
29. The notification regarding a violation should be sent along with all necessary documentation regarding the violation, in order to enable the Controller to fulfil the obligation to notify the appropriate supervisory authority.
30. The Controller supervises the method of processing the entrusted Personal Data after informing the Processor (at least 1 business day) about the planned inspection. The Controller or people designated by it are authorised to (i) access the premises where Personal Data is processed and (ii) access the documentation related to the processing of Personal Data. The Controller is entitled to request from the Processor the provision of information regarding the processing of Personal Data, and to provide records of the processing activity categories. The costs of audits or inspections and liability for any damage incurred by the Processor in this respect shall be borne by the Controller.
31. The Processor cooperates with the office of personal data protection in the scope of its tasks.
32. THE PROCESSOR:
a) provides the Controller with all the information necessary to demonstrate the Controller’s compliance with the provisions of the GDPR,
b) enables the Controller or an authorised auditor to perform audits or inspections in a way that does not interfere with current operations. The Processor cooperates in the implementation of audits or inspections.
33. The Controller declares that it is the Data Controller and that it is authorised to process data to the extent that it has entrusted them to the Processor.
34. The Processor declares that as part of its business it professionally deals with the processing of personal data covered by the Entrustment Agreement and the Service, it has the necessary knowledge, appropriate technical and organisational measures in this respect and guarantees proper performance of this Entrustment Agreement.
35. At the request of the Controller, the Processor will provide the Controller with relevant references, experience list, financial information or other evidence that the Processor provides sufficient guarantees to implement appropriate technical and organisational measures to ensure that the processing meets the requirements of the GDPR and protects the rights of the data subjects.
36. The Processor shall be liable for damages caused by its actions in connection with the failure to perform duties that the GDPR imposes directly on the Processor or when it acted beyond the lawful Controller’s instructions or contrary to these instructions.
37. If the Sub-Processor does not fulfil its data protection obligations due to its fault, the responsibility towards the Controller for the fulfilment of duties by the Sub-Processor rests with the Processor.
38. Upon the termination of the Agreement, the Processor has no right to further processing the Data entrusted, except for their removal, and is obliged to:
a) delete the Data,
b) delete any existing copies or return of the Data, unless the Controller decides otherwise, or the European Union law or the law of a Member State order further storage of the Data.
39. The Processor shall delete the Data after 14 days from the end of the Agreement, unless the Controller instructs it to do so earlier.
XI. Provisions specific to Clients who are Consumers or who, under specific provisions, have certain rights of Consumers
1. This paragraph of the Terms applies only to Clients who are Consumers or Clients who under specific provisions, have certain consumer rights.
2. Detailed information on the possibility for the Client who is a consumer to use extra-judicial methods of resolving complaints and seeking redress as well as the rules for accessing these procedures are available on the website of the Office of Competition and Consumer Protection at: https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php. There is also a contact point at the President of the Office for Competition and Consumer Protection (phone: 22 55 60 333, email: email@example.com or physical address: Pl. Powstańców Warszawy 1, 00-950 Warsaw) which, among others, provides consumer assistance in cases regarding out-of-court consumer dispute resolution.
3. A Client being a Consumer has the possibility of using out-of-court methods of processing complaints and making claims. The electronic link to the ODR (Online Dispute Resolution) platform, i.e. to an interactive website enabling electronic resolution of a dispute resulting from an online sales contract or for the provision of services before an ADR entity (Alternative Dispute Resolution) between a consumer living in the European Union and an entrepreneur established in the EU, can be found here: http://ec.europa.eu/consumers/odr.
4. The right to withdraw from the contract for the use of the TRAFFIT System is granted to a Client who concluded an agreement with TRAFFIT sp. z o.o. for the provision of the Service as a Consumer. The statement template is attached hereto. Also other clients who have been granted such right by special provisions are entitled to the right to withdraw on the same terms as the consumer.
5. The Eligible Client referred to in item 4, may withdraw from the contract within 14 days of its conclusion. The withdrawal is made by sending a declaration of withdrawal in writing or by email to the address of TRAFFIT sp. z.o.o.
6. The right to withdraw is not available to the Client if, with their consent, TRAFFIT sp. z o.o. began providing the Service within 14 days from concluding the contract.
XII. Final Provisions
1. The sole source of liabilities of TRAFFIT Sp. z o.o. are there Terms and legal regulations in force in the territory of Poland.
2. The law applicable to all legal relations arising from the Terms between TRAFFIT Sp. z o.o. and the Client is the law of Poland. The place of conclusion and performance of the contract for the provision of the Service is the place where TRAFFIT Sp. z o.o. has its registered office.
3. The Parties shall submit any disputes arising from the provision of the service by TRAFFIT sp. z o.o. for resolution only to the common court having jurisdiction over the registered office of TRAFFIT sp. z o.o.
4. In all matters not settled herein, the applicable Polish law shall apply, in particular: Civil Code; Act on providing services by electronic means of 18 July 2002 (Journal of Laws 2002, no. 144, item 1204, as amended); Act on Consumer Rights and other relevant provisions of the generally applicable laws.