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Terms and conditions

11 May 2022 03:40

§1 Subject of the Regulations

  1. The following Regulations specify in particular:

    1. rules for services provision by the Service Provider via the Platform,

    2. rules of using the Platform by the Organizers and Participants when organizing or participating in an event organized remotely using the Platform's functions,

    3. scope of rights, obligations and responsibilities of the Service Provider, Organizer and Participant in connection with organizing and conducting an event,

    4. rules for determining the amount and payment of remuneration for the use of the Platform by the Organizer;

    5. conditions for the protection of personal data processed by the Organizer and the Service Provider in connection with organizing and conducting an event.

  2. The relations between the Organizer and Participants with the Service Provider shall be determined by the provisions of the Regulations, unless such provisions are in conflict with generally applicable law.

  3. If the Service Provider and the Organizer conclude any separate agreements regulating the civil law relations between them also governed by the provisions of the Regulations, the provisions of such agreement shall prevail. Such provisions shall also be binding for the Participant if their content has been made available to the Participant.

  4. If an agreement is concluded between the Organizer and the Service Provider in a form other than that described in these Regulations, for example by filling in a traditional order form, the provisions of the Regulations shall apply accordingly to the content of the civil law relationship between the Organizer and the Service Provider, unless otherwise stated directly in the agreement regulating such civil law relationship.

§2 Definitions

  1. The following expressions used herein shall have the following meaning:

    1. Personal data - any information relating to an identified or identifiable natural person ('data subject'); an identifiable natural person is a person who can be directly or indirectly identified, in particular on the basis of an identifier such as name and surname, identification number, location data, internet identifier or one or more specific physical, physiological, genetic, mental factors, the economic, cultural or social identity of a natural person;

    2. Consumer - a natural person performing a civil law transaction with an entrepreneur, not related directly to its business or professional activity;

    3. Organizer - the entity organizing the event using the Platform;

    4. Platform - Gridaly platform used to organize events in a remote form;

    5. Entrepreneur - a natural person, legal person or organizational unit not constituting a legal person but with legal capacity, conducting business or professional activity on its own behalf;

    6. Regulations - these Regulations;

    7. GDPR - 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 (general regulation on data protection);

    8. Website – a website administered by the Service Provider, available at: https://gridaly.com/;
    9. Commercial Transaction - a commercial transaction within the meaning of Art. 4.1.1 of the Act of 8 March 2013 on counteracting excessive delays in commercial transactions;

    10. Participant - a person participating in an event organized via the Platform;

    11. Service Provider - Gridaly Sp. z o.o. with its registered office in Warsaw at ul. Nowogrodzka 64/43, 02-014 Warsaw, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw, 12th Commercial Division of the National Court Register under the KRS number: 0000893606, NIP (Tax ID): 7011027905, REGON (Business ID): 388640049, share capital: PLN 50,000, unpaid in full;

    12. Event - an event organized by the Organizer using the Platform;

    13. Classes - individual activities taking place as part of the event.

§3 General provisions

  1. The Regulations shall be made available to the Organizer and Participants via the website. The Regulations shall be available free of charge in a form that allows it to be acquired, reproduced and saved multiple times.

  2. The Organizer and Participants shall be obliged to read the content of the Regulations before using the Platform's functions, and to comply with the provisions of the Regulations.

  3. The conclusion of an agreement between the Service Provider and the Organizer shall take place by placing an order by the Organizer via the form available on the website. The Organizer gets acquainted with the scope of the Platform's functions, possible configurations and service packages, which are described in detail on the website.

  4. Conclusion of an agreement between the Service Provider and the Organizer may also take place by filling in the order form in a different form, in particular by sending a completed order form made available to the Organizer by Gridaly.

  5. The organizer shall be obliged to provide truthful information in the form. The Service Provider may at any time verify the information contained in the registration form, and the Organizer shall be obliged to cooperate with the Service Provider in this respect.

  6. If it is discovered that the information in the form is not truthful, the Organizer shall be obliged to pay a contractual penalty in the amount of 10% of the remuneration payable in accordance with the form at the time of concluding the agreement. Such contractual penalty shall be payable within 7 days from the date of the Service Provider request for payment in an electronic form to the Organizer’s e-mail address or by letter.

  7. The scope of the Service Provider's activities related to the concluded agreement to use the provided Platform is assisting the Organizer to organize and conduct the event is fully automated. The Organizer, using the forms on the website, independently selects the scope of services and packages on the Platform used under the agreement.

  8. After concluding the agreement, the Service Provider shall send a confirmation to the indicated e-mail address, containing the basic services provided by the parties, including the scope of services and remuneration. The Service Provider shall also send a financial document confirming the transaction for tax purposes.

  9. The scope of services provided by the Service Provider shall include automated services that do not require the participation of the Service Provider's representative, as well as services which require Service Provider's representative, such as training in using the Platform or technical support of the event.

  10. In return for the services provided by the Service Provider via the Platform, the Organizer shall pay remuneration the Service Provider, with the amount and terms of payment determined in accordance herewith.

  11. The agreement between the Organizer and the Service Provider shall expire at the end of the period for which it was concluded or by the parties submitting unanimous declarations of will or as a result of submitting a declaration of withdrawal from the agreement referred to herein. In the absence of a different provision contained in the content of the order form, the agreement shall last until Gridaly completes the provision of all services specified in the order form.

  12. The Organizer may use a trial version of the Platform to verify and learn about its functions. The trial version of the platform shall be made available free of charge. Using the trial version of the Platform shall be possible via the website. The Organizer may not use the trial version of the Platform in any way to prepare, organize or conduct the event.

§4 Platform functions and its usage

  1. The list of all available functions of the Platform is available on the website.

  2. After concluding the agreement and paying the remuneration, the Organizer shall receive access to the Platform (user account) in order to organize the event. Access to the Platform shall be granted in accordance with the information contained in the order form. The Service Provider may condition making the Platform available to the Organizer on receiving the remuneration on the Service Provider's bank account.

  3. The scope of functions and services selected by the Organizer may be extended at any time. If a given service requires the participation or activity of the Service Provider, the Service Provider reserves possible delays in the performance of a given service due to the need to prepare a given service or delays resulting from other reasons. In the event of a delay in the provision of a given service that requires the participation or activity of the Service Provider, the Organizer and the Service Provider shall take steps to agree on the date of the service performance.

  4. The scope of services shall be extended by placing an order by the Organizer via the form available in the Platform's control panel. The Service Provider may condition access to extended services on receiving the remuneration on the Service Provider's bank account.

  5. The Service Provider shall reserve the right to add, update and modify the visual and functional layer of the Platform without the Organizer’s consent. The scope of the changes made in the visual and functional layer of the Platform shall not affect its integral functions and shall not prevent the Organizer from using the Platform for the purpose of organizing the event.

  6. In the case of planned changes in the visual and functional layer of the Platform which may affect the organization of the event by the Organizer, the Service Provider shall inform the Organizer in advance of the planned changes, appropriate for the given circumstances. The Organizer and the Service Provider shall be then obliged to cooperate in order to organize the event and make changes to the visual and functional layer of the Platform.

  7. Participants may take part in the event after prior registration by completing the form available on the Platform.

  8. In the form, the Participant provides the necessary data specified in the form, enabling their participation in the event and their identification for the purposes of the event.

  9. After completing the form, the Participant receives an access link to the indicated e-mail address, which will take them to their personal Participant's panel. After clicking on the access link, the Participant will receive access to the Participant's panel, which will allow them to use the Platform functions required to participate in the event as a Participant, participate in the event, as well as use services related to the event participation.

  10. The access link sent to the e-mail address indicated by the Participant is individualized for a specific Participant and allows them exclusive access to the Platform to the extent intended for the Participant.

  11. The Participant may return to the event Platform using the access link or by logging in via the appropriate form.

  12. The Service Provider informs that the Organizer may limit the rules of accessing the Platform specified in the Regulations in accordance with the Regulations of the prepared event.

  13. In the event of any faults or difficulties with access to the Platform or other technical problems related to the Platform operation, the Participant or the Organizer may report them electronically to the following e-mail address:{' '} support@gridaly.com

  14. The Service Provider shall be obliged to take steps immediately after notification to remove any difficulties related to the Platform operation.

  15. The following equipment is required to use the Platform:

    1. PC with a monitor or a laptop,

    2. mouse or touchpad,

    3. keyboard,

    4. stable internet connection,

    5. installed web browser,

    6. microphone,

    7. camera,

    8. loudspeaker.

  16. The Service Provider informs that the use of the Platform poses a risk of installing malicious software on the device of the Organizer or Participants. The Service Provider shall take all technical measures required by the given circumstances to minimize the risk of installing malicious software on the Organizer's or Participant's device.

§5 Service Provider's rights and obligations

  1. The Service Provider shall be obliged to make the Platform available to the Organizer in order to organize the event attended by the Participants via the Platform.

  2. The Service Provider shall be obliged to provide services in a manner appropriate to the nature of these services and with due diligence.

  3. The Service Provider shall be obliged to:

    1. maintain the Platform operation in a state enabling the Organizer to uninterrupted organization and conduct of the event, unless the provisions of the Regulations provide otherwise,

    2. ensure adequate server performance and the operation of the Platform during the event, unless the provisions of the Regulations provide otherwise,

    3. provide the Organizer with the necessary materials and knowledge enabling the organization and conduct of the event on the Platform, including remote training.zeprowadzenia szkolenia w formie zdalnej.

  4. The Service Provider shall be obliged to provide the Organizer and Participants with appropriate technical support in participating in the event. Contact with the Service Provider is possible via the Platform or electronically at the e-mail address:{' '} support@gridaly.com

  5. The Service Provider shall not be responsible for:

    1. the content made available on the Platform during the event by the Organizer and Participants, including the right of these parties to use and share such content,

    2. the success of the event, in particular for the number of participants, positive opinions about the event,

    3. substantive issues related to the event, including speakers’ preparation for conducting any classes/workshops.

  6. The Service Provider shall be entitled to limit or disable access to the Platform by the Organizer outside the duration of the organized event or for the Participant at any time, if they use the Platform in one of the following ways:

    1. causing or directly capable of causing damage to the Service Provider

    2. inconsistent with the provisions of generally applicable law,

    3. inconsistent with the provisions hereof,

    4. inconsistent with generally accepted principles of netiquette.

  7. The Service Provider shall be entitled to disable the Organizer's access resulting in the event being interrupted, if the Organizer uses the Platform in a manner inconsistent with the Regulations or generally applicable provisions of law and despite the one-time reminder in electronic form, the Organizer did not immediately stop such behavior.

  8. The Service Provider shall be entitled to submit to the Organizer a declaration of withdrawal from the contract with immediate effect in electronic form, if the Organizer, after prior reminder in electronic form, still violates the provisions of the Regulations.

  9. The Service Provider shall ensure in particular that none of the following events occurs during the classes:

    1. no server response,

    2. server response time drops below 10 seconds for 5 minutes,

    3. other failure preventing the event from being carried out.

  10. The Service Provider shall not be responsible for interruptions in the operation or lack of operation of the server or the Platform, if this was caused by force majeure, the Service Provider's faultless behavior, the behavior of third parties, circumstances attributable to the Organizer or the Participant.

  11. In the absence of a different contractual provision, the Service Provider shall be liable to the Organizer for improper performance or non-performance of obligations hereunder only for the losses that the Organizer has incurred on this account. The Service Provider shall not be liable to the Organizer for damage in the form of lost profits due to improper performance or non-performance of obligations hereunder.

  12. If the Organizer conducts their own business, with the exception of a natural person for whom the concluded civil law relationship is not of a professional nature resulting from the subject of the Organizer’s business activity based on the Central Register and Information on Economic Activity (CEiDG), the total compensation liability of the Service Provider for all claims towards the Organizer shall be limited to the amount of remuneration actually received by the Service Provider for the performance of the Service, in relation to which the breach occurred.

§6 Organizer’s rights and obligations

  1. The Organizer shall be obliged to:

    1. provide substantive operation for the event,

    2. ensure that the event and the content presented therein is organized in accordance with generally applicable laws and all requirements for such events, and that it does not infringe any rights or personal rights of third parties,

    3. use the Platform in a manner consistent with the provisions of generally applicable law, the provisions hereof and the principles of social coexistence,

    4. formulate and enforce the provisions hereof in place for the event in a way that is not contradictory or in any way violates the provisions hereof,

    5. cooperate with the Service Provider at all times to ensure the protection of the Service Provider's personal rights, their interests, property, and compliance with the provisions hereof.

  2. Before the event begins, the Organizer shall be obliged to present the event regulations that meet the requirements of generally applicable law for the event and are consistent with the provisions hereof. If such regulations are not presented, the Service Provider shall be entitled to withdraw from the agreement and charge a contractual penalty of 30% of the remuneration, which the Organizer was obliged to pay for making the Platform available and other services provided by the Service Provider.

  3. The Organizer shall not use the Platform in the following ways:

    1. causing any damage to the property or IT systems of the Service Provider,

    2. violating the personal rights of the Service Provider,

    3. violating formal or material copyrights of the Service Provider,

    4. violating the rights or personal rights of other persons using or not using the Platform,

    5. striving to violate the proper operation of the Platform, in particular by uploading malicious software to the Platform,

    6. striving to break any security measures of the Platform or security measures applied by the Service Provider, Organizer or other Participants.

  4. The Organizer shall be entitled to register and record the image and statements of the event participants and inform the Participants in an appropriate form about the sound and image recording and activity within the event, to the extent that this does not violate the subjective rights of persons participating in the event and the provisions hereof. Participants may at any time withdraw their consent to the registration and recording of their image, which may, however, prevent them from further participation in the event.

  5. The Organizer shall be authorized to broadcast the event, in particular to share it with a predetermined group of recipients on the Internet, both during and after the event, depending on the agreed scope of functions and services selected by the Organizer.

  6. The Organizer shall ensure that they have the appropriate subjective rights entitling them to share and disseminate content during the event, as well as after its completion, throughout the duration of the agreement.

  7. The Organizer shall be obliged to repair any damage caused to the Service Provider, Participant or third parties as a result of behavior inconsistent with the provisions of the Regulations or generally applicable law.

  8. At the request of the Service Provider, the Organizer shall be obliged to provide the Participant's identification data, if the Participant has violated the provisions of the Regulations or caused damage to the Service Provider.

§7 Remuneration

  1. In exchange for making the Platform available to the Organizer for the event and ensuring its operation during the event by the Service Provider, as well as other services, the Organizer shall pay remuneration to the Service Provider.

  2. The amount of remuneration, date and method of payment shall be specified after completing the order form. The remuneration shall be given in gross amount, i.e. including all public and legal fees related to the transaction between the Organizer and the Service Provider.

  3. After clicking the 'order and pay' button, the agreement between the Service Provider and the Organizer shall be considered as concluded, and the Service Provider shall be obliged to pay the remuneration on time.

  4. Immediately after concluding the agreement, the Organizer shall receive transaction confirmation to the e-mail address provided in the form. After filling in the appropriate fields of the order form, the Service Provider shall issue a VAT invoice to the Organizer.

  5. As a rule, the remuneration shall be payable directly after completing the form to the indicated bank account or via the payment platform.

  6. In the event of non-payment of remuneration within the agreed period, the Service Provider shall be entitled to request payment of statutory interest for delay or statutory interest for delay in commercial transactions, if the agreement concluded between the Organizer and the Service Provider constitutes a commercial transaction, from the due date to the date of payment of the remuneration.

  7. In the event of non-payment of remuneration within the agreed period, the Service Provider shall be entitled to compensation specified by the generally applicable law for late payment for a commercial transaction, if the contract concluded between the Organizer and the Service Provider constitutes a commercial transaction.

§8 Marketing communication

  1. The Service Provider and the Organizer consent to the mutual placement of the name, logo and trademarks in advertising materials, reference letters and presentation materials with general information about joint cooperation as part of using the Platform.

  2. The Service Provider and the Organizer agree to publish information on the provision of services by the Service Provider, including the name and logo of the Organizer or the Service Provider, in the media and on their websites.

  3. Posting any information regarding cooperation in the field of making the Platform available by the Service Provider or the Organizer may not infringe any personal rights, including the good name and brand of the entity whose information was shared.

§9 Participant's rights and obligations

  1. The Participant shall be entitled to use all the Platform functions made available to him in order to enable him to participate in the event.

  2. The Participant may use the Platform throughout the duration of the event and possibly after its completion, if the Organizer has provided for such a possibility.

  3. The Participant shall be obliged to use the Platform only to the extent necessary to enable him to participate in the event as a Participant.

  4. During registration, the participant shall be obliged to provide the data in accordance with the facts.

  5. The Participant shall be obliged to take all steps to protect the Platform in the scope made available to him, and in particular, the Participant is obliged to take measures necessary for his personal conditions to protect against unwanted access by third parties to the Platform.

  6. The Participant may not make the Platform available to third parties without the written consent of the Service Provider.

  7. The Participant may not use the Platform in the following manner:

    1. violating the Regulations or the Regulations of the event,

    2. inconsistent with generally applicable laws,

    3. causing any damage to the property or IT systems of the Service Provider,

    4. violating the personal rights of the Service Provider,

    5. violating formal or material copyrights of the Service Provider

    6. violating the rights or personal rights of other persons using or not using the Platform,

    7. striving to violate the proper operation of the Platform, in particular by uploading malicious software to the Platform,

    8. striving to break any security measures of the Platform or security measures applied by the Service Provider, Organizer or other Participants.

  8. The Participant shall be obliged to use the Platform in a manner consistent with the rules of netiquette, showing mutual respect towards the Service Provider and its representatives, the Organizer and other Participants.

  9. In the event of violation of any provisions hereof, the Participant shall be obliged to compensate for any damage caused to the Service Provider.

  10. In the event of violation of any provisions hereof or the regulations of the event, the Service Provider shall be entitled, on their own initiative or at the Organizer’s request, to withdraw the Participant's access to the Platform or some of its functions at any time. The Service Provider shall not be liable for any damage in the form of actual damage or lost profits by the Participant as a result of excluding access to the Platform.

  11. The Service Provider may request the Participant to consent to the recording and use of his image for marketing purposes of the Platform. The Participant may refuse such request. The use of the Participant's image shall not violate their personal rights and shall be in accordance with the provisions of generally applicable law.

§10 Copyright

  1. The Organizer shall be entitled to use the Platform only to the extent necessary to organize the event and use the services listed in the Specification. The Organizer shall not dispose of the Platform and make it available to third parties without the express consent of the Service Provider or if it does not result from the provisions hereof.

  2. The Organizer shall not in any way copy, duplicate, process, change, save, share the Platform's source code, industrial marks, patterns, icons, logos, styles and any graphic signs appearing on the Platform, unless the provisions hereof or a separate agreement with the Service Provider say otherwise in this regard.

  3. All material and formal copyrights to graphics, templates, markings or other graphic, sound and text elements provided by the Service Provider and made available in the course of service provision, shall be entitled only to the Service Provider, and their use in the course of providing the service does not transfer these rights to the Organizer or grant the Organizer any rights to use and dispose of them in a scope other than for the purposes of using the Platform to organize the event.

  4. All rights to graphics, templates, markings or other graphic, sound and text elements provided by the Organizer and made available in the course of Service provision, shall be entitled only to the Organizer, and their use in the course of providing the service does not transfer these rights to the Service Provider or grant the Service Provider any rights to use and dispose of them in a scope other than for the purposes of performing services related to the concluded civil law relationship.

  5. The Participant shall use the Platform only to the extent necessary for their participation in the event. The Participant does not obtain any rights in the field of copyrights, and is not granted any license to use the Platform or any characters, patterns, source code or any other provisions constituting the subject of copyright beyond the scope necessary for their participation in the event. The Participant shall not in any way copy, duplicate, process, change, save, share the source code of the Platform, industrial marks, patterns, icons, logos, styles and any graphic signs appearing on the Platform. The Participant shall not take any screenshots of the Platform's website.

§11 Provisions relating to consumers

  1. The provisions of this section shall apply only to entities with the status of consumers using the services of the Service Provider.

  2. The main services provided by the Service Provider shall include the provision of the Platform for the purpose of organizing the event by the consumer, as well as the use of the Platform to participate in the event.

  3. The consumer shall not bear the costs of communicating with the Service Provider in excess of the typical costs for a given means of communication. The Service Provider shall not charge any additional fees for communicating with the consumer.

  4. The consumer shall be entitled to withdraw from the agreement with the Service Provider within 14 days of its conclusion without incurring any costs and without giving any reason. To meet the deadline, it is enough to send a declaration before its expiry.

  5. Such declaration of withdrawal from may be submitted by the form attached hereto sent to the following e-mail address: support@gridaly.com

  6. The Service Provider shall immediately, within 14 days from the date of receipt of the consumer's declaration of withdrawal, return all the payments.

  7. The Service Provider informs that the provided services consists in the delivery of digital content that is not recorded on a tangible medium. The Service Provider informs that the consumer shall not be entitled to withdraw from the agreement if the provision of services to the consumer began with their express consent before the deadline to withdraw from the agreement.

  8. Complaints regarding the provided services may be directed to the Service Provider via the following e-mail address: support@gridaly.com The Service Provider shall reply to the complaint on a durable medium within 30 days from the date of receiving the complaint in the same form of contact that was used by the consumer.

  9. The consumer shall be entitled to use extrajudicial means of dealing with complaints and pursuing claims from the Service Provider. For example, the consumer may turn to the local consumer ombudsman in their place of residence or other consumer institutions. The search engine for consumer institutions is available at: https://www.uokik.gov.pl/pomoc.php

§12 Personal data protection

  1. In connection with the provided services, the Service Provider shall be the administrator of personal data. Acting as the administrator of personal data, the Service Provider shall decide on the means and purposes of processing personal data for the purposes of the provided services. The Service Provider shall administer the personal data provided by both the Organizer and the Participant.

  2. By accepting the Regulations, the Participant and the Organizer consent to the processing of their personal data. Providing personal data by the Organizer or Participant is voluntary, however, lack of consent to their processing may prevent the Service Provider from providing services and participation in the event.

  3. The nature of the processing of personal data shall be determined by the role of the Service Provider as the entity providing services and is aimed solely at the performance hereof. The processing and collection of personal data shall take place in particular in the field of registration, handling and implementation of the event, transmission and recording, storage and display of audio-video recording, as well as its processing or other modification.

  4. The Service Provider shall not be obliged to pursue a data protection policy, nor are they obliged to apply approved codes of conduct.

  5. The Service Provider shall not transfer data to third countries.

  6. The Service Provider shall not be obliged to appoint a personal data inspector.

  7. The Service Provider may disclose personal data to third parties operating within their structure and at their request or from outside their structure in order to process the personal data for the purpose of providing services. Such entities have been acquainted with the generally applicable provisions on the processing and protection of personal data and have the necessary knowledge in this regard. Such entities have obtained the necessary authorizations for the processing of personal data, are obliged to protect personal data, in particular against disclosure to unauthorized entities, and to keep such personal data confidential indefinitely. In addition, these entities take all measures required by law to ensure the security of personal data processed.

  8. The Service Provider shall process personal data only to the extent necessary to provide services covered by the content hereof. Such personal data include in particular:

    1. from the Organizer: name, surname, image, e-mail address, telephone number, registered office or address of residence, details of the bank account and payments resulting from the concluded contract, tax identification number, PESEL number, information about the device from which logging into the Platform takes place,

    2. from the Organizer’s representative: name, surname, image, e-mail address, telephone number, function performed, information about the device from which the login to the Platform takes place,

    3. from to the Participant: name, surname, image, e-mail address, telephone number, function performed, data on the scope of participation in the event, information about the device from which the login to the Platform takes place.

  9. As the administrator, the Service Provider shall process personal data in accordance with the generally applicable provisions of law and in the manner required to ensure their appropriate security in connection with the services provided. The Service Provider shall process personal data if at least one of the following conditions is met:

    1. the data subject has consented to the processing of their personal data for one or more specific purposes;

    2. processing is necessary for the performance of an agreement to which the data subject is party or in order to take steps at the request of the data subject prior to entering into an agreement;

    3. processing is necessary to fulfill the legal obligation incumbent on the controller;

    4. processing is necessary to protect the vital interests of the data subject or of another natural person;

  10. The Service Provider shall not process personal data listed in Art. 9 of the GDPR.

  11. Taking into account the state of technical knowledge, the cost of implementation and the nature, scope, context and purposes of processing as well as the risk of violating the rights or freedoms of natural persons with different probability and severity, the Service Provider shall implement appropriate technical and organizational measures to ensure the level of security corresponding to this risk, including, but not limited to:

    1. pseudonymization and encryption of personal data,

    2. the ability to ensure the ongoing confidentiality, integrity, availability and resilience of processing systems and services;

    3. the ability to quickly restore the availability and access to personal data in the event of a physical or technical incident;

    4. regularly testing, measuring and evaluating the effectiveness of technical and organizational measures to ensure safety.

  12. Taking into account the nature, scope, context and purposes of processing and the risk of violating the rights or freedoms of natural persons of varying probability and seriousness, the administrator (i.e. the Service Provider) shall implement appropriate technical and organizational measures to ensure that the processing takes place in accordance with generally applicable law and to be able to demonstrate it. Such measures are reviewed and updated as necessary.

  13. If the breach of personal data protection may result in a high risk of violation of the rights or freedoms of natural persons, the Service Provider shall notify the data subject of such breach without undue delay. The Service Provider shall not notify about a personal data breach if:

    1. appropriate technical and organizational security measures have been implemented and these measures have been applied to the personal data concerned by the breach, in particular measures such as encryption, preventing unauthorized access to the personal data from being read;

    2. measures were taken to eliminate the likelihood of a high risk of violating the rights or freedoms of a person,

    3. it would require a disproportionate effort. In such a case, a public notice is issued or a similar measure is applied whereby the data subjects are informed in an equally effective manner.

  14. The Service Provider shall store personal data for the period necessary to fulfill all obligations related to the provision of services. After the end of such provision of services, the Service Provider shall immediately delete the personal data, unless their preservation is necessary for public purposes or is required by generally applicable law, in particular tax regulations. The Service Provider shall use appropriate inventory and deletion systems of personal data for their immediate disposal after the expiry of the period in which their processing was necessary.

  15. The person whose data is processed may withdraw consent to their processing at any time. The Service Provider shall then be obliged to immediately delete personal data, unless their processing is required by generally applicable law.

  16. The Service Provider shall:

    1. Allow to obtain information about the processed personal data, including, in particular, the purposes and legal grounds for processing, the scope of personal data held, entities to whom the data is disclosed and the planned date of deletion of personal data,

    2. Allow to obtain a copy of the personal data processed by the Service Provider,

    3. Enable the rectification of incomplete or incorrect personal data,

    4. Delete personal data to the extent that its processing is not necessary for the purposes for which they were collected or processed, consent to its processing has been withdrawn, objections to the processing of personal data have been raised, there is no basis for the processing of personal data, personal data is processed inconsistently with the law,

    5. limit the processing of personal data, if the data subject questions the correctness of the personal data, the processing is unlawful, and the data subject opposes the deletion of personal data and requests the restriction of its use instead, does not need the personal data to the purposes of the processing.

  17. All complaints, notifications, notifications regarding the processing of personal data should be sent to the following e-mail address:{' '} support@gridaly.com or by post to the following address: Gridaly Sp. z o.o. with its registered office in Warsaw, ul. Nowogrodzka 64, office 43, 02-014 Warsaw.

  18. The data subject shall have the right to lodge a complaint regarding the processing of their personal data by the Service Provider to the supervisory body, President of the Office for Personal Data Protection, ul. Stawki 2, 00-193 Warsaw.

§13 Cookies policy

  1. The Service Provider uses cookies, i.e. IT data, in particular text files, stored on the Platform Participant's end device and intended for the use of websites. Cookies usually contain the name of the website they come from, the storage time on the end device and a unique number.

  2. The Service Provider uses cookies:

    1. as tokens to authorize Participants for compatibility with the iframe,

    2. for adapting the content of websites to the preferences of the Participant and optimizing the use of websites; in particular, to recognize the Participant's device and properly display the website, tailored to the Participant's individual needs,

    3. to create statistics that help to understand how the Participants use the websites, which allows for improving their structure and content.

  3. By default, web browsers allow cookies to be stored on the Participant's end device. Participants can change their cookie settings at any time. These settings can be changed in particular in to block the automatic handling of cookies in the web browser settings or inform about their every posting on the Participant's device. Detailed information on the possibilities and methods of handling cookies is available in the web browser settings. Disabling cookies may prevent the use of the Platform.

§14 Final provisions

  1. The provisions hereof may be changed at any time, about which the Service Provider shall notify the Organizer and the Participant.

  2. In matters not covered hereby, the relevant provisions of generally applicable law shall apply.

  3. In the event of any dispute, the Service Provider, Participant and Organizer shall be obliged to attempt an out-of-court resolution of the dispute before taking any procedural steps before a common court or public administration body.

  4. If the Organizer conducts their own business, with the exception of a natural person for whom the concluded civil law relationship is not of a professional nature resulting from the subject of the Organizer’s business activity based on the Central Register and Information on Economic Activity (CEiDG), the court competent for all disputes arising from the civil law relationship to which these Regulations apply shall be the court competent for the seat of the Service Provider. In other cases, the competent court shall be the court according to general jurisdiction.