First slide

Terms and Conditions

I. GENERAL PROVISIONS

1. The Website operating under the following Internet address: www.hrnest.pl is made available to Recipients and Users via HRnest Sp. z o.o. with its registered seat in Gdynia, al. Zwycięstwa 96/98, 81-451 Gdynia, entered in the register of entrepreneurs of the National Court Register (KRS) by the Gdańsk-Północ [Gdańsk-North] District Court in Gdańsk, KRS No: 0000723806, NIP [Tax Identification Number]: 5833293000, REGON [National Business Registry Number]: 369734182, share capital: PLN 40,000.

2. The Website operates in accordance with the rules specified in these Terms and Conditions.

3. The offer of the Website is targeted exclusively at entrepreneurs.

4. The Terms and Conditions define:

  • 4.1. the types and the scope of the services provided electronically by the Service Provider via the Website,
  • 4.2. rules on the provision of the services provided electronically by the Service Provider via the Website,
  • 4.3. obligations of the Recipient and of the User,
  • 4.4. conditions of conclusion and termination of agreements on provision of services by electronic means,
  • 4.5 the complaints procedure,
  • 4.6 liability and obligations of the Service Provider.

5. Once the Recipient has taken actions aiming at the use of services offered on the Website, it is obliged to observe the relevant provisions of these Terms and Conditions as well as to oblige the User, to whom it grants access to the Service, to do likewise.

6. Prior to using the Website, Recipients are obliged to read the Terms and Conditions.

7. In cases not regulated by these Terms and Conditions, the following provisions apply: the civil code, the Act on Providing services by electronic means, the Act on Copyright and related rights as well as other applicable provisions of the Polish law.

II. DEFINITIONS

1. REGISTRATION FORM – a form available at www.hrnest.pl which needs to be filled in to create an Account.

2. ACCOUNT – data set in the ICT system of the Service Provider which bears an individual name (login) and a password provided by the Recipient and collects data of the Recipient and of the User.

3. TERMS AND CONDITIONS - these Terms and Conditions.

4. WEBSITE - website maintained at www.hrnest.pl, which enables usage of services offered and provided electronically in accordance with the Terms and Conditions by the Service Provider, including the Application made available in accordance with the Terms and Conditions.

5. PARTIES - parties of the agreement concluded on the basis of the Terms and Conditions, i.e. the Recipient and the Service Provider.

6. APPLICATION – a computer programme made available electronically through the Website under the name "HRnest" to the Recipient and a User connected with the Recipient, which supports HR processes within the scope of its functionality and purpose.

7. RECIPIENT – an entrepreneur concluding an agreement with the Service Provider on provision of an Electronic Service defined in the Terms and Conditions.

8. USER – every natural person, legal person or organisational unit without legal personality which uses the services offered on the Website or the Application. The User can use the Website or the Application as:
a) the HR Department,
b) a Supervisor,
c) an Employee.

9. HR DEPARTMENT – the User managing the Account who grants access to the Application on behalf of the Recipient, the Employee or the Supervisor.

10. SUPERVISOR – a User who has been granted access to the Application by the HR Department. The Supervisor approves HR documents uploaded by the Employee.

11. EMPLOYEE – a User who has been granted access to the Application by the HR Department or the Recipient for the period determined by the Recipient, but no longer than during the term of the agreement between the Parties. The Employee can forward HR documents which are to be approved by the Supervisor or by the HR Department via the Application.

12. CONTROLLER (SERVICE PROVIDER) – HRnest Sp. z o.o. with its registered seat in Gdynia, al. Zwycięstwa 96/98, 81-451 Gdynia, entered in the register of entrepreneurs of the National Court Register (KRS) by the Gdańsk-Północ [Gdańsk-North] District Court in Gdańsk, KRS No: 0000723806, NIP [Tax Identification Number]: 5833293000, REGON [National Business Registry Number]: 369734182, share capital: PLN 40.000.

13. ELECTRONIC SERVICE – a service provided electronically by the Service Provider for the benefit of the Recipient and the User via the Website.

14. SUBSCRIPTION PERIOD – a period of 3 or 12 months in which the Service Provider provides services offered on the Website electronically for the benefit of the Recipient. This period is calculated from the first day of provision of the above-mentioned services on which the Recipient can grant Users access to the Website in accordance with to the conditions of the agreement concluded between the Parties.

15. FEE (SUBSCRIPTION) – a fee due to the Service Provider from the Recipient as remuneration for the provision of services by electronic means as part of the Application, payable in accordance with the price list.

16. SUBSCRIPTION – the Recipient’s declaration of will concerning the conclusion of the agreement on provision of electronic service in the form of creating and managing an Account on the Website as well as using the Application. One can sign up for the Subscription by creating an Account via the Website operating under www.hrnest.pl and selecting a package. The type of package depends on the number of employees for whom the Application is to be maintained and on additional Modules.

17. MODULE – a separate element (not a part of the Application) which includes implementations of procedures and functions.

18. TRIAL VERSION – a free-of-charge 21-day trial period of the Application made available to the Recipient by the Service Provider. The Service Provider declares that the option to provide the Recipient with access to the Application for a free-of-charge trail period does not constitute provision of services under civil law and tax regulations and is performed free of charge, exclusively for testing and advertising purposes for the benefit of the Recipient.

19. DELIVERY DAY – a day on which a declaration/notice is sent via email to the email address provided in the contact data or the seventh day from the day the declaration/notice was sent in written form to the address provided in the contact data – should this day be a public holiday, the first working day after the holiday is agreed to be the delivery day.

III. PERSONAL DATA

1. The personal data controller of the Recipient is HRnest Sp. z o.o. with its registered seat in Gdynia, al. Zwycięstwa 96/98, 81-451 Gdynia, entered in the register of entrepreneurs of the National Court Register (KRS) by the Gdańsk-Północ [Gdańsk-North] District Court in Gdańsk, KRS No: 0000723806, NIP: 5833293000, REGON: 369734182, share capital: PLN 40,000.

2. Personal data of the Recipient are processed on the basis of a consent, provided the Recipient has given it, in order to send marketing information, the agreement in order to conclude it or perform it, legally justified interests performed by the Controller in order to exercise possible legal claims or managing marketing directly in the Service as well as a legal accounting obligation to which the Controller is subject, i.e. as of 25 May 2018 on the basis of points (a), (b), (c), and (f), respectively, of Article 6(1) of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation – “GDPR”).

3. The Controller processes data for the purposes connected with the functioning of the Website and provision of services offered on the Website. Providing data is voluntary, but is necessary for the use of services provided via the Website, i.e. conclusion of the agreement – due to the nature of these services – or receiving marketing information if the consent constitutes the basis of the processing. Conclusion of the agreement or receiving marketing information will not be possible if the data is not provided.

4. Data of the Recipient may be transferred to the following external entities:

  • a) Accounting Office which provides services to the Controller,
  • b) Service providers ensuring IT infrastructure of the Website,
  • c) Google Inc. as:
    • a. The service provider of Google Analitics,
    • b. The service provider of marketing services – the Website uses a remarketing tool. Thanks to this function, the Service Provider is able to prepare messages adjusted accordingly to the type of the customer and its preferences, which results in profiling.

    In consequence, the Recipient can receive personalised marketing offers.

5. For the above reasons, personal data of the Recipient will also be processed by an entity outside the European Union (Google). An adequate level of protection of data processing, including through the use of appropriate security measures, ensures the participation of this entity in the EU-US Privacy Shield, established by an implementing decision of the European Commission as a set of rules guaranteeing appropriate privacy protection.

6. Data of the Recipient will be processed accordingly, until the occurrence of the last of the following events:

  • a) the option to exercise possible legal claims by or from the Service Provider ceases to exist,
  • b) the Recipient objects to the processing of its data for the purpose of managing direct marketing in the Website,
  • c) the Controller is obliged to process data of the Recipient on the basis of the legal obligation to which the Controller is subject, in particular obligations connected with accounting,
  • d) the Recipient withdraws its consent for data processing, provided it was the basis for the processing or,
  • e) the data will cease to be necessary for the Controller to maintain correspondence with the Recipient on request of the latter in order to conclude the Agreement.

7. While processing data of the Recipient and the User, the Controller applies organisational and technical measures compliant with the relevant provisions of law, including the SSL certificate encryption which it applies from the moment of logging into the Application available via the Website.

8. The Recipient is entitled to:

  • a) access its personal data,
  • b) rectify its personal data,
  • c) erase its personal data,
  • d) request a restriction of the processing of its personal data (as of 25 May 2018),
  • e) object to the processing of its personal data,
  • f) request to transmit its personal data (as of 25 May 2018),
  • g) withdraw consent at any time, without affecting the lawfulness of processing based on consent before its withdrawal.

9. In order to perform the above mentioned rights, you can send an email to the following address: pomoc@hrnest.pl.

10. For the purpose of performing the agreement on provision of electronic services concluded via the www.hrnest.pl Website, the Recipient entrusts the Service Provider, as the processor, with processing of the Users’ personal data on the basis of an entrustment agreement on personal data processing. The entrustment agreement of personal data processing constitutes Annex 1 to these Terms and Conditions.

11. Should the Recipient consider its data to have been unlawfully processed, it has the right to lodge a complaint with a supervisory authority.

IV. TYPE AND SCOPE OF THE SERVICES PROVIDED BY THE SERVICE PROVIDER AS PART OF THE WEBSITE

1. The Service Provider enables usage of the following Electronic Services via the Website for a fee:

  • 1.1. maintaining an Account on the Website as well as making the Application available online to be used in accordance with the rules specified in the Terms and Conditions,
  • 1.2. making space available on the server to store data which are processed by means of the Application.

2. Provision of Electronic Services for the benefit of the Recipient and the Users of the Website is regulated by the Terms and Conditions.

3. The Service Provider has the right to place advertising content concerning the services provided by the Service Provider on the Website. This content constitutes an integral part of the Service and materials presented in it.

4. Use of the Application by the Recipient and the User is connected with creating, storing, processing of documents and data of the Recipient and the User, respectively.

5. The Recipient does not acquire any rights to the Website or the Application (or any part of them) due to the use of the Website and the Application, except for those rights which it has already been granted in the Terms and Conditions.

6. When using the Application and in accordance with the rules specified in the Terms and Conditions as well as applicable provisions of law, the Recipient and the User have the right to, in particular:

  • 6.1. upload information and files to the Application,
  • 6.2. provide comments to the files they uploaded.

7. The Recipient or the User bear sole responsibility for consequences of actions of the Recipient or the User consisting in uploading or making files or content of any other type available in the Application.

V. CONDITIONS FOR CONCLUSION OF AGREEMENTS ON PROVISION OF ELECTRONIC SERVICES

1. Technical requirements necessary for cooperation with the ICT system used by the Service Provider:

  • 1.1. a computer with Internet access,
  • 1.2. access to mailbox,
  • 1.3. Internet browser,
  • 1.4. enabling Cookies and Javascript in the Internet browser.

2. In order to start using electronic services offered on the Website, the Recipient has to create an Account by using the Registration Form available at: www.hrnest.pl. The Recipient is obliged to provide the following data during the registration:

  • 2.1. login,
  • 2.2. email address,
  • 2.3. access password,
  • 2.4. kind of Subscription.

3. Data provided by the Recipient during the Account registration process are necessary for the conclusion of the agreement on provision of services offered on the Website and in the Application by electronic means and commencement of using services offered on the Website as well as their settlement.

4. Data provided by the Recipient and the User must be in accordance with the facts and the legal status. For the duration of the agreement on provision of services offered on the Website by electronic means, the Recipient and the User are obliged to update their data without delay, whenever they have changed.

5. The Recipient is obliged to update its data; otherwise, in case of failure to perform this obligation or to perform it properly, a declaration, an invoice or notice etc. sent by the Service Provider to the Recipient with the use of the formerly provided contact data, including electronic addresses, will be considered to have been successfully delivered.

6. The Recipient cannot transfer rights and obligations arising from the agreement on provision of services by electronic means offered on the Website to other entities without prior written consent of the Service Provider under pain of nullity.

VI. CONDITIONS FOR PERFORMING AGREEMENTS ON PROVISION OF ELECTRONIC SERVICES

1. Electronic Services offered on the Website are provided for a fee. The Recipient gains access to the services provided electronically on the Website and in the Application, and can use them for a fee, with the proviso that the Recipient has the right to use the Trial Version, i.e. to access the Application and use its services provided electronically without the need to pay the Fee. The Recipient has the right to use the Trail Version only once, regardless of how many subsequent agreements on provision of services by electronic means offered on the Website it concludes.

2. Payment of the Fee by the Recipient constitutes the basis for the provision of services for the benefit of the Recipient by the Service Provider within the scope of the agreement on provision of services by electronic means offered on the Website.

3. The Fee for using the Application depends on the kind of Subscription.

4. The agreement on provision of an Electronic Service consisting in maintaining an Account in the Website is concluded for an indefinite period of time.

5. The Recipient using the Website and the Application consents to an electronic exchange of data and, at the same time, undertakes indefinitely not to disclose any circumstances and confidential information which it has collected due to performance of the agreement.

VII. OBLIGATIONS OF THE RECIPIENT

1. The Recipient is obliged to cooperate with the Service Provider in the course of performance of Electronic Services.

2. The Recipient undertakes to provide the Service Provider with true and valid information and to make all information necessary for due performance of Electronic Services.

3. While using the Application, the Recipient is obliged to act in compliance with the law and principles of morality, to respect personal rights and intellectual property rights of third parties.

4. The Recipient undertakes to provide true and valid data and not to deliver contents of unlawful nature.

5. The Recipient is responsible for both the activities of the Users to whom it has granted access to the Application, and its own.

6. An entity which concludes an agreement on the basis of these Terms and Conditions on behalf of the Recipient declares that is has been authorised to do so.

VIII. PAYMENTS

1. The Recipient is obliged to pay the due amount for the selected Subscription no later than within 7 working days as of the day of submission of the Subscription. Should the Subscription be preceded by the Trial Version, the Recipient is obliged to pay the due amount for the selected Subscription no later than within 7 working days from the expiry of the Trial Version. The day on which the due amount is credited on the Service Provider's bank account is considered to be the payment date. Failure to make the payment within the indicated period is regarded as cancellation of the Subscription.

2. The Recipient gives consent for the Service Provider to send VAT invoices in electronic form in compliance with the requirements specified in the Resolution of the Minister of Finance of 20 December 2012 on sending the invoices in electronic form, the rules of their storage, and the manner of making them available to tax authorities or tax inspection authorities (Journal of Laws of 2010, no 249, item 1661).

3. A VAT invoice in paper form will be issued and delivered by post solely upon an explicit request of the Recipient made in written form, sent to the Service Provider's address.

IX. INTELLECTUAL PROPERTY

1. Once the Recipient has accepted the Terms and Conditions, it considers the entire copyrights and all trademarks connected with the Website and the Application, which are not excluded by provisions of separate regulations or licences, to belong to the Service Provider and to be subject to legal protection, in particular under the Act of 4 February 1994 on copyright and related rights (Journal of Laws no 24, item 83 as amended).

2. It is forbidden to use these intellectual property rights or the services of the Website and the Application for purposes other than those strictly set out in the Terms and Conditions. The Recipient bears the entire liability for damage to the Service Provider which is a consequence of using the company name or trademarks of the Website and the Application without prior consent of the Service Provider, or contrary to the Terms and Conditions.

3. Capturing, using and processing the content of the Website and the Application, including by using Internet robots or other automated systems for the capturing of data from the Website and the Application without prior consent of the Service Provider is tantamount to a violation of the Terms and Conditions.

X. LIABILITY OF THE WEBSITE AND OBLIGATIONS OF THE SERVICE PROVIDER

1. While performing the agreement concluded between the Parties, the Service Provider undertakes to perform the Service with due diligence and to bear liability if it fails to observe it.

2. The liability of the Service Provider is subject to the following limitations:

  • 2.1. The Service Provider is not liable for any unlawful operations of the Recipient or the User using the Website or the Application,
  • 2.2. The Service Provider is not liable for disclosure of confidential information by the Recipient or the User which may occur in the course of an electronic information exchange with another User or Recipient,
  • 2.3. The Service Provider is not liable for losses incurred by the Recipient as a result of the Application’s incorrect functioning to which the Service Provider was not at fault, nor for the Recipient’s or the User’s lost profits.

3. The Service Provider is not liable for the losses incurred by the Recipient caused by threats occurring across the Internet, in particular hacking attacks into the Recipient’s system, acquisition of passwords by third parties, infecting the Recipient’s system with viruses. The Recipient is obliged to provide the Users with whom it is connected with information on the threats which were referred to in the previous sentence, in connection with using the Internet.

4. The Service Provider is not liable for any damage or losses arising from improper use of the Website or the Application by the Recipient or the User, in particular caused by data entered incorrectly by another User.

XI. THE COMPLAINTS PROCEDURE REGARDING SERVICES OFFERED ON THE WEBSITE

1. Complaints regarding the provision of Electronic Services via the Website and the Application can be submitted by the Recipient via email to the following email address: pomoc@hrnest.pl

2. It is recommended to provide as much information and circumstances regarding the subject of the complaint in the above mentioned email as possible, in particular the kind of the irregularities and the date of their occurrence, as well as contact details – it will facilitate and accelerate the processing of the complaint by the Service Provider.

3. The Service Provider examines the complaint (states its position) immediately, not later than within 14 days.

4. The response of the Service Provider regarding the complaint is sent to the email address of the Recipient provided in the complaint notice or indicated by the User in a different manner.

XII. CONDITIONS FOR TERMINATION OF AGREEMENTS ON PROVISION OF ELECTRONIC SERVICES

1. Termination of the agreement on provision of an Electronic Service:

  • 1.1. Only the agreement on provision of an Electronic Service characterised by a continued and indefinite nature can be terminated.
  • 1.2. Should the agreement be terminated by the Recipient, no Fees are refundable.
  • 1.3. The Recipient can terminate the agreement with one month’s notice and without providing reasons, by sending an appropriate declaration via email to the following address: pomoc@hrnest.pl
  • 1.4. The Service Provider can block the Account of the Recipient or even terminate the agreement on provision of services by electronic means of a continued and indefinite nature, in particular when the Recipient or the User connected with the Recipient:
    • 1.4.1. violates the Terms and Conditions,
    • 1.4.2. delivers unlawful content, despite having been called upon previously and ineffectively to cease violations and after a suitable period has been set out,
    • 1.4.3. acts to the detriment of the Service Provider or
    • 1.4.4. provides false data during the registration process or fails to update them once any changes have occurred,
    • 1.4.5. fails to pay the Fees in a timely manner,
    • 1.4.6 carries our acts aimed at violating the security of data processed on the Website and the Application or makes an unlawful attempt to access the Website, or carries out other operations which aim at disrupting the proper functioning of the Website, or
    • 1.4.7. carries out unlawful operations.
  • 1.5. The Service Provider is entitled to terminate the agreement on provision of services by electronic means offered on the Website with immediate terminating effect in cases defined in subsection 1.4. of this chapter.
  • 1.6. The Service Provider can terminate the agreement on provision of services by electronic means offered on the Website at any time, with one month’s notice.
  • 1.7. The Service Provider’s declaration of will regarding termination of the agreement on provision of services by electronic means offered on the Website requires a written form or electronic form under pain of nullity, and should be sent to the Recipient’s address or to the electronic address of the Recipient provided in the contact details. The notice of termination of the agreement on provision of services by electronic means offered on the Website commences with on the Delivery Day of the Service Provider’s declaration of will to terminate the agreement.
  • 1.8. Termination of the agreement results in the termination of the legal relationship with future effect.
  • 1.9. The Recipient has the right to terminate the agreement, yet solely after all Fees due to the Service Provider for the use of the resources of the Website and the Application have been paid.

2. The Service Provider and the Recipient may resolve the agreement on provision of electronic services at any time by mutal agreement of the Parties.

3. Should the service provision by the Service Provider for the benefit of the Recipient not be possible without the participation of a new entity, the Recipient can terminate the agreement on service provision concluded with the Service Provider on the basis of the Terms and Conditions, if the Recipient refuses to consent to the change of a Subcontractor under the entrustment agreement on personal data processing consisting in adding a new entity, referred to in Annex 1 to the Entrustment agreement on processing, which constitutes Annex 1 to these Terms and Conditions. In such an event, the agreement on provision of services between the Recipient and the Service Provider will be terminated with the lapse of the day preceding the transfer of data to the new processor.

XIII. FINAL PROVISIONS

1. The agreements concluded by the Service Provider as part of the activities of the Website and the Application are drafted in Polish in compliance with law applicable in the territory of Poland.

2. The Service Provider reserves the right to amend the Terms and Conditions. Amendments introduced in the Terms and Conditions are binding for the Recipient, under the condition that it has been correctly informed about the amendments and has not terminated the agreement on provision of services by electronic means within 7 days from the notification of the Recipient about the amendments made by the Website.

3. In case of any inconsistencies between provisions of law and any part of the Terms and Conditions, the relevant provisions of the Polish law apply in place of the questioned provisions of the Terms and Conditions.

4. Any possible disputes arising between the Service Provider and the Recipient will be settled by the competent court in regard with the registered seat of the Service Provider.

Annex 1 to the Terms and Conditions

ENTRUSTMENT AGREEMENT ON PERSONAL DATA PROCESSING (“Agreement”)

Concluded between the Recipient, indicated in the Terms and Conditions of the provision of electronic services offered on the “HRnest” Website, to which this Agreement constitutes an annex, hereinafter referred to as the “PRINCIPAL”

and

HRnest Sp. z o.o. with its registered seat in Gdynia, al. Zwycięstwa 96/98, 81-451 Gdynia, entered in the register of entrepreneurs of the National Court Register (KRS) by the Gdańsk-Północ [Gdańsk-North] District Court in Gdańsk, KRS No: 0000723806, NIP [Tax Identification Number]: 5833293000, REGON [National Business Registry Number]: 369734182, share capital: PLN 40,000, Hereinafter referred to as the “CONTRACTOR”
which reads as follows:

Section 1
ENTRUSTMENT OF PERSONAL DATA PROCESSING

1. For the purpose of performing the agreement on provision of an electronic service concluded via www.hrnest.pl, the Principal entrusts the Contractor, as the processor, with the processing of personal data.

2. The Principal declares to be the Controller of the data which it entrusts.

3. The Principal declares that it has grounds for the processing of personal data which are relevant, in accordance with the Regulation of the European Parliament and of the Council (EU) 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), hereinafter referred to as “GDPR”.

4. The entrusted data include information about natural persons, i.e. employees of the Principal.

5. The Principal entrusts the Contractor with the processing of personal data within the scope specified in Section 2 hereof.

Section 2
THE SCOPE AND PURPOSE OF DATA PROCESSING

1. The Contractor will process data of the employees (including co-employees operating on the basis of civil law agreements) of the Principal entrusted on the basis of the Agreement, in connection with the cooperation between these parties, including within the scope of the absence of the employees at work or their inability to provide services for the benefit of the Contractor; these data include in particular:

  • a. name and surname,
  • b. current position,
  • c. reference number,
  • d. the date of birth (optionally),
  • e. email address,
  • f. data included in documents connected with the health condition of the employee (i.e. in attestations or sick leaves).

2. Personal data entrusted by the Principal will be processed by the Contractor exclusively to enable the Contractor to perform the services which are described in detail in the agreement referred to in section 1 subs. 1 for the benefit of the Principal, and in a manner compliant with this Agreement as well as relevant applicable provisions of law.

Section 3
THE MANNER OF PERFORMING THE AGREEMENT WITH REGARD TO THE PROCESSING OF PERSONAL DATA

1. When processing the personal data, referred to in Section 2 subsection 1, the Contractor undertakes to implement any measures required by the GDPR and, in particular, technical and organisational measures, in order to ensure a level of security of the processing of personal data appropriate to the risk of violating law and freedom of natural persons. While implementing appropriate measures, the Contractor takes into account the state of the art, the cost of implementation and the nature, scope, context and purposes of processing as well as the risk referred to in the proceeding sentence.

2. The Contractor declares that it maintains appropriate documentation which describes and defines the manner of personal data processing it uses.

3. The Contractor ensures that the persons it authorises to process personal data are obliged to keep the processed data confidential.

4. The Contractor processes personal data only at a documented request of the Principal.

5. Taking into account the nature of the processing, the Contractor will assist the Principal by adopting appropriate technical and organisational measures, insofar as this is possible, for the fulfillment of the Principal’s obligation to respond to requests for exercising the data subject's rights laid down in Chapter III of the GDPR.

6. The Contractor will assist the Principal in ensuring compliance with the obligations pursuant to Articles 32 to 36 of the GDPR, taking into account the nature of processing and the information available to the Contractor.

7. The Contractor can subcontract the entrustment of personal data processing, processed by it in relation to the provision of a service covered by the agreement referred to in Section 1 subsection 1 of the Agreement, to other processors (hereinafter referred to as ”Subcontractors“) only with prior specific or general written consent of the Principal and in accordance with conditions of using the services of Subcontractors specified in the GDPR. In the case of a general written consent, the Contractor will inform the Principal of any intended changes concerning the addition or replacement of other Subcontractors, thereby giving the Principal the opportunity to object to such changes.

8. The Principal consents to subcontract the entrustment of personal data, entrusted to the Contractor on the basis of the Agreement, to Subcontractors indicated in annex 1 to the Agreement.

9. In the Agreement with the Subcontractor, the Contractor will oblige it to observe the same data protection obligations which have been imposed on the Contractor herein. These obligations will include, in particular, providing sufficient guarantees to implement appropriate technical and organisational measures in such a manner that the processing will meet the requirements of the GDPR.

10. The Contractor undertakes to select only reputable Subcontractors who deliver IT infrastructure, provide sufficient guarantees to implement appropriate technical and organisational measures in such a manner that the processing will meet the requirements of the GDPR and protect the data subject’s rights, as well as ensuring the highest quality of provided services and processing of personal data within European Economic Area.

11. The Contractor will inform the Principal about the addition of new Subcontractors by sending an email to the email address provided by the Principal on the Website. Changing Subcontractors (including adding new ones) within Subcontractors does not constitute a change to this Agreement. In the event of a reasonable objection to the new Subcontractor submitted by the Principal within 3 days from the receipt of a notification about a new Subcontractor as well as, at the same time, the lack of possibility to use the Service without the participation of the Subcontractor – this agreement will be resolved at the time the objection is received. Failure to object on the terms indicated in this subsection is tantamount to the Principal’s consent to add new Subcontractors.

12. The Contractor provides the Principal with all information necessary to ensure compliance with the obligations laid down in Article 28 of the GDPR and allow for and contribute to audits, including inspections, conducted by the Principal or another auditor mandated by the Principal. All costs in relation to the conducting of audits will be covered by the Principal.

13. With regard to subsection 12, the Contractor will immediately inform the Principal if, in its opinion, an instruction infringes the GDPR or other provisions of European Union law or applicable provisions of the Polish law concerning data protection.

Section 4
TERM OF THE ENTRUSTMENT AGREEMENT

1. The term of this Agreement is connected with the period of the Principal’s access to the HRnest Application via www.hrnest.pl, i.e. to the duration of the agreement on provision of a service, referred to in Section 1 subs. 1 of the Agreement subject to Section 3 subs. 12 of the Agreement. Once the agreement on provision of an electronic service concluded via www.hrnest.pl is terminated, this Agreement is terminated immediately.

2. Processing of the personal data entrusted on the basis of the Agreement occurs within the term of the Agreement.

3. Once the Agreement is terminated, the Contractor will erase or return to the Principal (depending on the Principal’s decision) all personal data as well as erase all existing copies, unless the European Union law or applicable provisions of Polish law require storage of personal data.

Section 5
FINAL PROVISIONS

1. All amendments to this agreement require a documented form under pain of nullity.

2. The Principal is liable for damage caused intentionally by the Contractor. In all other cases, the Contractor’s liability of towards the Principal is limited to the value of remuneration received by the Contractor for provision of a service referred to in Section 1 subs. 1 of the Agreement in the settlement period, in which the event giving rise to the claims occurred.

3. The provisions of the Polish Civil Code apply to all matters not settled herein.

4. All disputes arising from this Agreement will be settled by the court having jurisdiction over the Contractor’s seat.

5. This Agreement was drawn up in two identical counterparts, one for each of the parties.

Annex 1 to the entrustment agreement on personal data processing

Subcontractors to whom data can be entrusted by the Contractor for further processing:

  • - Microsoft Ireland Operations Limited with its registered seat in South County Industrial Park, Leopardstown, Dublin 18, Ireland in order to provide server services
  • - dcs.pl Spółką z ograniczoną odpowiedzialnością with its registered seat in 02-785 Warszawa, ul. Puławska 303, NIP: 951-20-63-362, entered in the register of entrepreneurs of the National Court Register (KRS) by the District Court of the City of Warsaw, KRS No 0000144808 in order to provide the hosting service