Terms of Use

of October 7, 2019


I. GENERAL PROVISIONS

1. These Regulations have been drawn up by ActivRec Sp. z o.o. with its registered office in Tarnowskie Góry, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court in Gliwice, 10th Commercial Department of the National Court Register, under number KRS 0000801529; VAT Reg No PL6452562337; REGON: 384119189, with a share capital of PLN 5,000.00.
2. The Regulations define the principles of using the service named ActivRec.
3. The Terms of Use contain the principles of providing electronic services by the Service Provider under Polish law, including the requirements of the Act of 18 July 2002 on electronic services (i.e. 15 October 2013, Journal of Laws of 2013, item 1422).
4. Services are provided in Polish. The language of communication with the User is Polish.


II. DEFINITIONS

1. Subscription - fee paid by the User for the possibility to use the Service for a specified period of time selected by the User from among the periods specified by the Operator in the current Price List available on the website https://activrec.com.
2. Account Administrator - a person indicated to the Operator by the User, authorised to use the Admin Panel on behalf of the User.
3. Tracking Application - computer software created by ActivRec Sp. z o.o. with its registered office in Tarnowskie Góry, available on the website https://activrec.com, installed by the User or an Employee indicated by him/her in the computer memory, used to use the ActivRec System and constituting its element.
4. Price list – information published on the main page of the ActivRec System, in which the Operator defined the conditions and amount of payment for the Services, the scope and conditions for the provision of Services free of charge, which is attached to the Regulations. The Operator reserves the right to change the Price List, but the Subscription purchased until the change of the Price List is not subject to increase, and the Services are provided under the existing Terms of Use.
5. Personal Data - all information concerning an identified or identifiable natural person, collected and processed by the Data Administrator in order to perform the Agreement, on the principles specified in the Regulations.
6. Invoice - electronic invoice sent, including made available in electronic form, in any electronic format, provided that the authenticity of origin, integrity of content and legibility of the invoice are ensured - in accordance with applicable regulations.
7. User Password - a string of characters created in the Administrator Panel by the User at least 8 characters long, of which at least one capital letter and one number, being confidential, used to authorize the User's login in the System and in the Administrator Panel.
8. Confidential Information - any information not disclosed to the public and protected from access by third parties, related to the Parties, being of a technical, technological, commercial, financial, organizational or other nature, constituting a trade secret, and for which actions have been taken regarding its confidentiality and disclosure one Party by another as part of the Agreement, as well as personal data held and processed by the Parties in accordance with the law. They do not constitute Confidential Information: a) information contained in public and publicly available documents, registers, publications, as well as contained in advertising and promotional materials directed to an unlimited number of recipients; b) information which, at the time of conclusion of the Agreement, is publicly known or has been previously published; c) information that has been obtained by a Party from a third party who is in legally justified possession of this information and at the same time does not violate any obligations arising from the concluded Agreement or legal requirements towards a Party to this Agreement or any other person; d) the fact of concluding the Agreement.
9. List of Monitored - list of Employees indicated to the Operator by the User in relation to whom the Service is to be performed.
10. User login - User's e-mail address, which is used to log in to the Administrator Panel and is also used to communicate with the User.
11. Trial period - period during which the User has the right to free use of the ActivRec System, to familiarize the User with the functionality of the System. The length of the period of free access to the Service and the type of Service that is covered by the free period will be specified in the Operator's current offer available at https://activrec.com. The User is entitled to use the Free access to the ActivRec System only once.
12. Operator - ActivRec Sp. z o. with its registered office in Tarnowskie Góry 42-600, ul.Gliwicka 35, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court in Gliwice, 10th Commercial Department of the National Court Register, under KRS number 0000801529; VAT Reg No PL6452562337; REGON: 384119189, with a share capital of PLN 5,000.00, being the owner and administrator of the Website.
13. Administrator Panel - a tool created as part of the ActivRec System, available at: https://activrec.com, enabling the User to use the Service.
14. Employee - the entity indicated by the User to the Operator who is the authorized administrator of the computer on which the Tracking Application is installed, who voluntarily gave the User permission to monitor his work and study work productivity.
15. Terms of Use - this document specifying the rules for using the Service.
16. Regulation or 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.
17. Party - User or Operator.
18. ActivRec System - an innovative system enabling real-time monitoring of employees and employee productivity surveys via the Tracking Application installed in the Employee computer memory, available at ActivRec Website at https://activrec.com.
19. Agreement - agreement for the provision of Services by the Operator to the User, the content of which is contained in the provisions of these Terms of Use.
20. Service - a service created as part of the ActivRec System, called ActivRec, enabling the User to monitor the work of Employees and survey the productivity of Employees, based on paid downloading of the Tracking Application to install it in the computer memory and access to the Administrator Panel by the Operator. The ActivRec service also enables the management of projects conducted by the User, among others by creating projects, tasks and subtasks, tracking the time of individual tasks, preparing reports on the involvement of teams and Employees.
21. User - an entrepreneur within the meaning of the Civil Code 431, i.e. a natural person, a legal entity and an organizational unit referred to in Article 331 § 1 of the Civil Code, conducting on its own behalf a business or professional activity which concluded a Service Agreement with the Operator.


III. GENERAL TERMS OF SERVICE PROVISION

1. The Operator provides Services to Users under the conditions set out in these Regulations (also including the contract for entrusting data processing) and in accordance with the provisions of generally applicable law on the territory of the Republic of Poland.
2. The Regulations define the rules and technical activities related to the provision of Services by electronic means, using the ActivRec System. Users' access to individual functionalities takes place after logging in to the ActivRec System.
3. Access to the ActivRec System is only available to Users who have successfully gone through the registration process after making the payment in accordance with the Price List. The User in the registration form or later through the Administrator's Panel made available to him by the Operator is entitled to indicate persons authorized to use the System on his behalf. The User gives the persons referred to in the preceding sentence a separate login and password enabling them to log in to the ActivRec System.
4. The proprietary copyrights to the ActivRec System or related to the ActivRec System belong to the Operator or have been made available to him under valid license agreements and are subject to legal protection in accordance with the Copyright Act and related rights of February 4, 1994 (Journal of Laws, Journal of Laws of 2006, No. 90, item 631, as amended) and may not be reproduced and disseminated in any form or by any means (including also electronic or mechanical or other, or on any other fields of use) including copying, photocopying including posting on the Internet - without the Operator's written consent.
5. The Operator provides the User and the Employee with the Regulations free of charge before the conclusion of the Agreement (during the registration process), as well as enables the acquisition, reproduction and recording of the content of the Regulations. The Regulations are available continuously at https://activrec.com and in the Administrator's Panel.
6. The User is obliged to comply with the provisions of the Regulations from the moment of its acceptance.
7. The Operator may amend the Regulations for important reasons, including technical, technological, legal, organizational or economic reasons, as well as in connection with changes in the functionality of the ActivRec System or the Service.
8. The change of the Terms of Use becomes effective after 15 days from the date of placing the content of the new Terms of Use on https://activrec.com and in the Admin Panel and sending information to the User to the e-mail addresses indicated during the registration process. The service commenced and paid for with the appropriate Subscription before the effective change of the Terms of Use will be carried out on the basis of the existing rules until its expiry.
9. If the User does not accept the amendments to the Terms of Use, he/she has the possibility to terminate the Agreement.


IV. CONCLUSION, DURATION, CHANGE AND TERMINATION

1. The condition for the User to use the Service is to install the Tracking Application on selected User's computers owned by the Employees and to launch it by entering by the User or the Employee indicated by the login and password given to the employee during the employee registration procedure in the ActivRec System.
2. In order to use the Service, the User is obliged to start the registration procedure in the Administrator Panel, providing the following data: company name, address, VAT Reg No, KRS number (if it has one) and the following Account Administrator data: e-mail address, name and surname , account access password, phone number. During registration, the User enters the Login and Password.
3. The registration procedure also includes submitting by the User: a statement of acceptance of the Regulations and may include submitting a statement on consent to receive via electronic means of communication and commercial information as well as a statement on consent to the processing of personal data by the Operator by selecting the appropriate option when relevant statements.
4. By registering, the User declares that:
4.1. the data provided by him (including e-mail address) are consistent with the facts,
4.2. is entitled to conclude a Contract,
4.3. the data provided by him does not violate any rights of third parties,
4.4. he has read the Regulations and undertakes to comply with them.
5. In the event of a change in any of the data referred to in point 2 above, the User is obliged to immediately introduce changes to his Administrator Panel.
6. After the User makes a payment for the Service, the User gains access to the given Service in accordance with the scope specified in the Price List. Provision of Services begins when the User makes the payment in accordance with the Price List, unless the Price List or the Regulations provide otherwise. The date of payment is the date of crediting the Operator's bank account.
7. The Operator provides Services for a specified period selected by the User from among the periods specified by the Operator in the current Price List.
8. After the period referred to in point 7 above, the User should make a payment for the next period in accordance with the current Price List in order to continue using the Services.
9. The User is obliged to pay fees for the use of the Services in accordance with the Price List for each period of provision of the Services.
10. From the day of registration, the User may receive Free access to the ActivRec System in accordance with the current offer and for the period indicated in the Operator's current offer. After the period during which the User was entitled to Free access to the ActivRec System, the User - if he still intends to use the Services offered by the Operator - is obliged to pay fees for using the ActivRec System according to the Price List.
11. If the payment is not made after the expiry of the free access period to the ActivRec System, the User loses the ability to view the collected data in the ActivRec System.
12. If the User resigns from using the Services, the fee paid by the User for this period is not refundable.
13. As part of the Service, the User can view employee activity reports from the last 12 months. The operator is entitled to delete data older than 12 months.
14. As part of the ActivRec Service, the User may also examine the productivity of Employees based on the collected data using the Tracking Application.


V. PAYMENT RULES

1. Depending on their needs, the User selects and pays the appropriate Subscription in the Administrator's Panel depending on their needs, both as to the duration of the Agreement and the number of employees included in the Monitor List.
2. Payments are made via the Polish e-Payments (Polskie e-Płatności) payment system available at https://paylane.pl/
3. After paying for the Subscription by the User, the Operator sends a VAT invoice to the User's email address provided by him in the manner specified in point IV paragraph 2 of the Regulations.
4. Operator dopuszcza możliwość wysłania faktury na adres e-mail Użytkownika, a Użytkownik zobowiązuje się zapłacić ją w terminie i na konto bankowe wskazane na fakturze.
5. The amount due resulting from the invoice referred to in paragraph 4 The User should pay by bank transfer to the bank account indicated on the VAT invoice within 3 days of its receipt. In the event of delay in payment, the User undertakes to pay to the Operator statutory interest for the delay starting from the first day following the day on which the invoice is due.
6. As soon as the funds are credited to the Operator's bank account, the User is able to use the Service.
7. The actual number of User's Employees visible in the Administrator's Panel should correspond to the number of Employees resulting from the Monitor List selected by the User in accordance with point V paragraph 2 of the Regulations.


VI. OPERATOR'S OBLIGATIONS

1. Subject to the provisions of these Regulations, the Operator will exercise due diligence to ensure full, 24-hour availability and functionality of the ActivRec System.
2. The Operator will exercise due diligence in the ongoing updating of the ActivRec System in accordance with changes in legal regulations affecting the proper operation of the System or its individual functionalities.


VII. TECHNICAL REQUIREMENTS

1. To use the ActivRec System, the User should provide his own computer with the Windows operating system with access to the Internet, equipped with a browser that allows displaying HTML documents on the device screen, an e-mail account and a mobile phone to receive messages.
2. For viewing or printing printouts generated by the ActivRec System, the User should install, on their own and at their own expense, a program for viewing and printing PDF files.
3. The Operator is not obliged to provide Services to entities that do not meet the above technical requirements.
4. The User hereby accepts the technical requirements necessary to use the Services and has no reservations in this respect. At the same time, the user declares that he is fully aware of the risks and threats associated with electronic data transmission.
5. The Operator reserves the right to access Users' accounts for technical or administrative purposes and for security reasons. The information obtained in this way will not be processed or made available to third parties, unless required by law.


VIII. SAFETY RULES

1. The user should only use devices equipped with a firewall and self-updating anti-virus program. The user should not use devices that are not secured against access by unauthorized persons or in conditions enabling third parties to view the data.
2. In order to ensure the correct operation of the ActivRec System, the User should install the available program updates as referred to in point 1 above.
3. Connections to the ActivRec System, also during the registration and first login process, are made using the secure encrypted https: // protocol.
4. The user should also:
4.1. check information on the validity and verification of the security certificate on an ongoing basis.
4.2. use strong passwords. Do not save passwords to the ActivRec System or share access data with unauthorized persons.
4.3. avoid clicking on suspicious email links.
5. In the event of noticing any signs of incorrect operation of the ActivRec System, suspicious content or raising doubts as to the functioning of the System, the User should immediately terminate the connection and report the noticed irregularities to the Operator.


IX. PERSONAL DATA AND PRIVACY POLICY

1. The operator is the administrator of personal data within the meaning of 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 made available by Users to enable the Operator to provide them with the Services subject to these Regulations.
2. As part of the electronic provision of Services requiring personal data to be provided, the Operator is entitled, pursuant to art. 18 clause 1 of the Act of July 18, 2002 on the provision of electronic services (Journal of Laws of 2002, No. 144, item 1204, as amended), for the processing of Users' personal data as well as data and information about Employees necessary to establish, shape the content, change or terminate the contract for the provision of Services by the Operator and for the proper implementation of the Service.
3. The operator may process, among others the following personal data:
3.1. surname and given names,
3.2. mailing address,
3.3. data used to verify the User's electronic signature,
3.4. User's electronic addresses
4. In order to perform the contract or perform any other legal action with the User, the Operator may process other data necessary due to the nature of the Service provided or the manner of its settlement.
5. The Operator may also process the following data characterizing the way the User uses the ActivRec System (operational data):
5.1. identification marks of the User based on the data referred to in paragraph 3 of this paragraph,
5.2. markings identifying the end of the telecommunications network or IT system used by the User,
5.3. information about the start, end and scope of each use of the Services,
5.4. information on the User's use of the Services
6. Users' Personal Data are collected and processed by the Operator for the purpose of performing the Contract and for the proper provision of Services, and only to the extent that it is justified by the above-mentioned purpose.
7. User's Personal Data will not be transferred to a third country
8. User's Personal Data will be stored for the duration of the Agreement and after its termination for a period justified by the limitation periods in civil proceedings.
9. The User has the right to access their Personal Data and the right to rectify, delete, limit processing, the right to transfer data, the right to object, the right to withdraw consent to their processing at any time without affecting the lawfulness of the processing that has been carried out based on the consent given before its withdrawal, however, the exercise of such rights may impede or prevent the performance of the Agreement and cause its termination with immediate effect by the Operator.
10. The User has the right to lodge a complaint with the President of the Office for Personal Data Protection if he considers that the processing of his personal data violates the provisions of the GDPR.
11. Providing Personal Data by the User is voluntary, although it is a condition of concluding the Agreement under the provisions of these Regulations.
12. The User's Personal Data will not be processed by the Operator in an automated manner, including in the form of profiling
13. The Operator is the recipient of Personal Data other than the User's personal data, such as, in particular, personal data of Employees provided to him in order to perform the Agreement. The administrator of such personal data is the User
14. The Operator provides an SSL data encryption system preventing the unauthorized acquisition and modification of personal data sent electronically.
15. Cookies are used to:
1.1. adapt the content of website pages to user preferences and optimize the use of websites; in particular, these files allow to recognize the website user's device and properly display the website, tailored to their individual needs,
1.2. creating statistics that help understand how ActivRec System Users use websites, which allows improving their structure and content,
1.3. maintaining the session of the ActivRec System User (after logging in), thanks to which the user does not have to re-enter the login and password on each subpage of the website.
16. Using the Services may require the Operator's consent to the storage of information, in particular small text files (so-called cookies), or access to stored files of this type on the User's device. These files do not change the configuration of his computer, are not used to install or uninstall any computer programs, viruses or Trojans, do not interfere with the integrity of the User's system or data, and may also be removed by the User at any time.
17. The Operator may use the following types of cookies:
1.4. necessary cookies, enabling the use of services available as part of the ActivRec System, e.g. authentication cookies used for Services that require authentication as part of the ActivRec System,
1.5. cookies used to ensure security, e.g. used to detect fraud in the field of authentication within the ActivRec System,
1.6. cookies, enabling the collection of information on how to use the websites of the ActivRec System,
1.7. functional cookies, enabling remembering settings selected by the User and personalization of the user interface, e.g. in terms of default sorting method, website appearance, etc.
18. In many cases, the software used for browsing websites (web browser) by default allows cookies to be stored on the user's end device. Website Users can change cookie settings at any time. These settings can be changed in particular in such a way as to block the automatic handling of cookies in the web browser settings or to inform about them each time they are placed on the user's website device. Detailed information about the possibilities and ways of handling cookies is available in the software (web browser) settings. Failure to change the cookie settings means that they will be placed on the User's end device, and thus the Operator will store information on the User's end device and gain access to this information. Disabling the use of cookies may impede the use of some Services within the ActivRec System, in particular those requiring login.


X. CONTACT WITH THE OPERATOR

1. The Operator provides the User with technical support in the form of a hotline (no. Available in the ActivRec System) and tools in the ActivRec System, with which all questions and problems related to the use of the ActivRec System, its proper operation and functionalities should be reported. Technical support is open on business days from from 8:00 to 16:00.
2. The Operator has the right to a Technical Break in the functioning of the ActivRec System, necessary for the planned, ongoing operation and maintenance of the server and software. Information on planned interruptions in system availability will be provided to Users in advance via the ActicRec System.


XI. COMPLAINTS

1. Complaints regarding the functioning of the ActivRec System shall be submitted via the email address: info@activrec.com
2. The complaint should contain:
2.1. detailed description of the complaint, if necessary with scanned screen images (print screens),
2.2. date of occurrence of the event justifying the submission of the complaint,
2.3. company (user) name,
2.4. contact details of the person submitting the complaint, including telephone number and e-mail address
3. The User may file a complaint not later than within 7 days from the event justifying its submission or the observed defect.
4. Complaints shall be considered without undue delay, no later than within 1 month from the date of submission of the complaint. The user receives feedback on how to handle the complaint.


XII. DELIVERY AND COMMUNICATION

1. Written correspondence to the Operator will be directed to the address of its registered office indicated in the Definitions.
2. Correspondence to the User will be directed to the e-mail address provided by him.
3. In the event of changes in contact details, the Party affected by these changes is obliged to immediately notify the other Party of this fact, under pain of acknowledging that all correspondence addressed to the current address will be deemed effectively delivered.
4. The Operator informs the User about each change in the Regulations and / or the Price List via the ActivRec System, as well as by publishing and making available for download a new version of the Regulations and / or Price List on the website https://activrec.com.


XIII. OPERATOR'S LIABILITY

1. The Operator is responsible under the rules set out in the Regulations for the proper operation of the ActivRec System, its availability and functionality.
2. The Operator shall not be liable for damages arising from causes for which the User is responsible, in particular arising from:
2.1. use the ActivRec System, including in particular the Tracking Application, in an incorrect manner or not in accordance with the Regulations,
2.2. incorrect entry of documents,
2.3. providing false or incomplete data by the User,
2.4. failure by the User to comply with the Security Rules described in the Regulations; as well as for other reasons beyond the control of the Operator
3. The Operator shall not be liable for economic events recorded by the User as well as content processed by the User in the ActivRec System documents.
4. The Operator shall not be liable for damages resulting from the User's lack of access to the Internet and the unavailability, limited availability or improper operation of the ActivRec System caused by it.
5. The operator is not liable for damages:
5.1. arising from the suspension of the ActivRec System as a result of technical breaks,
5.2. directly or indirectly incurred by the User, including damages due to loss of business profits, interruptions in business operations or loss of economic information, arising from the use, inability to use or incorrect operation of the ActivRec System or any part thereof
6. The Operator's liability under the warranty is excluded.


XIV. PROHIBITION OF ASSIGNMENT

1. The User may not transfer the rights and obligations arising from the Agreement concluded in the mode described in the Regulations, to a third party, without the prior written consent of the other Party.
2. The above reservation does not apply to the case of transformation of the User's legal form on the principles set out in the Code of Commercial Companies, provided that this does not result in the obligation to maintain full accounting. In this case, the Agreement will expire on the date of transformation.


XV. CONFIDENTIAL INFORMATION

1. Confidential Information may be disclosed to the other Party only if the disclosure of Confidential Information is necessary to ensure proper relations between the Parties and for the purposes of performing the Agreement.
2. Each Party undertakes to inform its Employees and Associates - in particular IT system servicemen or helpline service - about the existence of the Agreement and the content of this confidentiality clause, and to instruct them and undertake to treat Confidential Information in accordance with its terms. The User acknowledges that for the purposes of servicing the ActivRec System, its maintenance, maintenance, as well as its improvements and providing assistance to the User in solving problems with the use of the ActivRec System, access to some Confidential Information may be obtained by the Operator's Associates, which is not a breach of the Agreement.
3. Each Party agrees to keep confidential, with the utmost care, any Confidential Information obtained from the other Party, both before and after the date of the conclusion of the Agreement, and agrees that it will not disclose or knowingly use any of this information for the purposes of not allowed by the Agreement and legal regulations.
4. Confidential Information will not be copied or reproduced in any way, in whole or in part, and will not be disclosed, rented out or transferred to other entities without the prior written consent of the Party to which the information relates.
5. In the event of termination of the Agreement or termination of any business relations arising from the Agreement, and also if the Party so requests, the other Party shall promptly return to the Requesting Party without exception all information, documentation, records, notes, summaries and the like, together with any copies thereof. which the Party has made on the basis of Confidential Information provided.


XVI. FINAL PROVISIONS

1. If any of the provisions of the Regulations is declared void by virtue of a final court judgment or decision of another public authority authorized to do so, the Parties shall immediately enter into negotiations to replace the invalid provisions with other provisions that will pursue as similar an economic objective as possible. 2. The provisions of para. 1 above shall also apply if, after the date of commencement of the Services by the Operator, legal provisions come into force as a result of which any of the provisions of the Regulations will become invalid. 3. Disputes that may arise over the application of the provisions of the Agreement shall be settled by the court competent for the seat of the Operator 4. The Parties, before submitting a given dispute to court, undertake to attempt to resolve it amicably, with the Parties agreeing that an amicable settlement of the dispute is not possible if the Parties do not agree on a position within 30 days from the date of delivery of the first letter by one of the Parties to the other Party in the case in dispute 5. The Annex to these Regulations is the Price List.


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