Rules for the provision of services by electronic means

INTRODUCTION

Implementing the provisions of the Act of 18 July 2002 on the provision of services by electronic means, Regulation (EU) 2016/679 of the European Parliament and of the Council 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 the Act of 12 July 2024 - Electronic Communications Law, ODO 24 sp. z o.o. introduces these Regulations.

Chapter 1
General provisions

1. Definitions of terms used in the Regulations:
   1. Act - Act on provision of services by electronic means of 18 July 2002 (i.e. Journal of Laws 2024, item 1513.).
   2. Telecommunications system - a set of collaborative computer equipment and software providing processing and storage, as well as sending and receiving data over telecommunications networks using the terminal equipment appropriate to the network in accordance with the Telecommunications Law 2024.
   3. Services provided by electronic means - services which are performed without the simultaneous presence of the parties (at a distance), through the transmission of data at the individual request of the recipient of the service, sent and received by means of equipment for electronic processing, including digital compression, and storage of data, which is entirely transmitted, received or transmitted via a telecommunications network within the meaning of the Act of 12 July 2024. - Electronic Communications Law.
   4. Electronic means of communication - technical solutions, including telecommunications equipment and in cooperation with programming tools, enabling individual distance communication using data transmission between telecommunications systems, and providing details of electronic mail.
   5. Service provider ODO 24 sp. z o.o. with registered office in Warsaw, Kamionkowska 45, 03-812 Warsaw.
   6. A 'service recipient' means an entity using the Service Provider's services which is a party to the contract for the provision of services by a natural, legal or non-legal entity that undertakes to comply with these Rules.
2. The service provider shall provide services by electronic means at: dce.odo24.pl, i odonawigator.pl.
3. Consent to comply with this Regulation when launching a service available on the website https://brood.website/ (or odonawigator.pl) is equivalent to full acceptance of the terms of the Regulations.

Chapter 2
Types and scope of services provided by electronic means

1. The Service Provider provides services electronically, in particular:
   1. The "Information Bulletin" service.
   2. Free counselling service.
   3. E-learning services, for example, a service that provides access to an e-learning module.
   4. ODO Navigator service.
   5. Expert meeting "GDPR – what is it all about…" – webinar series
2. The service provider may also provide services on the basis of separate contracts for the provision of services by electronic means.

Chapter 3
"Information Bulletin"

1. The 'Information Bulletin' is the provision of emails with the latest information related to the content of the service provider's website, which may contain promotional or commercial information.
2. The service shall be provided free of charge for an indefinite period.
3. Promotional or commercial information shall be deemed to have been ordered if the Service Recipient has consented to receive such information by registering it in the Service Provider's IT system in accordance with Article 398 of the Law on Electronic Communications of 12 July 2024 on electronic communications.
4. The Service Recipient may at any time, in writing, by telephone, by email or by clicking on the link in any electronic message in the Information Bulletin, notify the Service Provider in an agreed form, for example, in writing, by telephone, by email or by clicking on the link in any electronic message in the Information Bulletin.

Chapter 4
Free counselling

1. Free advice is a service for providing paid and free advice on topics related to the Service Provider's website.
2. The service provider provides a service to answer questions on information security including data protection.
3. Questions may be sent via the contact form.
4. The Service Provider will use its best efforts to respond to a question within no more than 48 hours, excluding public holidays and Saturdays.
5. Answering legal questions is free of charge. However, in cases where answers are very time-consuming or multiple questions are addressed by one entity or person instead of an answer, the Subscriber will receive a valuation or offer of cooperation.
6. The Service Provider shall not be liable for any damage that the Service Recipient may suffer in connection with the services provided by the Service Provider, as referred to in this Chapter, by virtue of paragraph 13 below.
7. The Client declares that he/she agrees that the Service Provider may use the sent questions and answers for its own purposes, including publishing them in the press, on the Service Provider's website, referring to them in the course of activities undertaken via radio or television. The Service Provider declares that under no circumstances will these activities lead to the disclosure of the identity of the person who sent the question or to the disclosure of any other data enabling the person to be identified, including the disclosure of information about the entity in which he/she works or with which he/she cooperates.
8. The Service Provider reserves the right to entrust the provision of answers to submitted questions to a third party. The Service Provider declares that the entity to which performance of this service will be entrusted will be selected with due care, provided that the persons providing answers will have extensive knowledge of the subject matter.

Chapter 5
E-learning courses

1. The e-training service consists in the Service Provider granting access to the e-training module selected by the Client. The Service Provider makes available training courses of varying degrees of detail, as well as training courses dedicated to a specific Service Recipient and taking into account his specific needs, at the Service Recipient's choice.
2. Each training is concluded with a test of acquired knowledge, where test questions are drawn from appropriate pools dedicated to particular types of training. If the customer does not obtain a sufficient number of points from the test to obtain a certificate, they are obliged to repeat the training until they obtain a sufficient number of points from the test to obtain the certificate. Upon successful completion of the test, the Service Recipient will receive the certificate by e-mail to the e-mail address indicated during registration.
3. E-learning courses are paid. The price of a course depends on its type or on the agreement between the Service Provider and the Service Recipient.
4. The use of the training requires registration and submission of data, that is, name, telephone number, email address and details required for issuing an invoice (company name, address, VAT number).
5. The purchase of the selected training package requires the provision of personal data necessary for the purposes of the training and billing thereof.

Chapter 6
The ODO Navigator service

1. The ODO Navigator service is provided via the ODO Navigator application over the Internet. The service supports efficient management of the personal data protection system.
2. The ODO Navigator service supports the documentation and maintenance of the Service Recipient's personal data protection system, including maintaining an electronic documentation repository, managing a register of employees authorised to process personal data, managing a register of personal data processing resources together with a list of safeguards applied, conducting periodic training, and maintaining a record of processing activities and a data breach register.
3. Use of the service requires registration and the provision of data, i.e. company name, voivodship, town/city name, street/house number, VAT number, e-mail address, contact telephone number and a security question and answer.
4. Use of the ODO Navigator service also requires the provision of personal data for purposes related to its provision and settlement thereof.
5. The ODO Navigator service is paid and available for a fixed period corresponding to the purchased subscription period. The agreement for the provision of the ODO Navigator service expires at the end of the purchased subscription period, unless the Service Recipient purchases the service for the next subscription period.
6. The current price offer for a subscription providing access to the ODO Navigator service, together with available promotions and discounts, is presented on the website https://brood.website/odo-nawigatorThe Service Provider reserves the right to submit an individual price offer to selected Service Recipients.
7. Payment under the subscription is made in advance at the beginning of the subscription period.
8. The Service Provider grants the Service Recipient a free non-exclusive licence, without the right to sublicense, to use all documents / materials made available to the Service Recipient within the ODO Navigator service, to which the Service Provider holds proprietary copyrights, to the extent necessary for the Service Recipient to fulfil the obligations set out in data protection legislation.
   1. As regards the preservation and reproduction of the work, the production of copies of the work by any technique, including, for example, print and digital.
   2. in the field of dissemination of the work - displaying, reproducing and making available the work in a way that everyone can access it at any place and time of their choice (including by storing it on the User's computers and internal computer networks),
   3. in the field of dissemination of the work - displaying, reproducing and making available the work in a way that everyone can access it at any place and time of their choice (including by storing it on the User's computers and internal computer networks),
   4. making alterations and other improvements to the work and making use of such alterations and improvements.
9. In the event of a breach of the licence terms referred to in paragraph 8 above, in particular in the event of unauthorised disclosure by the Service Recipient to third parties of materials or documents made available to the Service Recipient under the licence, the Service Recipient shall pay the Service Provider a contractual penalty of PLN 4,800 for each breach, without additional notice, to the bank account indicated in the debit note issued by the Service Provider. The Service Provider is entitled to claim from the Service Recipient compensation in an amount exceeding the contractual penalty reserved.
10. The Service Provider may suspend the provision of the ODO Navigator service for the purpose of clarification, and may also terminate the agreement for the provision of the ODO Navigator service with immediate effect and delete the Service Recipient's account in the following cases:
    1. in the event of a material breach by the Service Recipient of the provisions of these Rules relating to the service of ODO Navigator,
    2. in the event of use of the ODO Navigator service contrary to its intended purpose, in particular in a manner contrary to generally applicable law, good practice or these Terms,
    3. in any case of breach of the conditions of the granted licence referred to in paragraph 8 above, in which case termination of the ODO Navigator service agreement shall be tantamount to immediate termination of the licence referred to in paragraph 8 above.

Chapter 7
Expert meeting "GDPR – what is it all about…" – webinar series

1. The ODO 24 webinar service is provided in the form of remote expert lectures during which participants may ask questions in a shared chat. The Service Provider reserves the right to select the questions that will be answered.
2. The topic of the webinar, the date, duration and the person giving the talk will be indicated on the website https://brood.website/szkolenia-rodo/webinary.
3. The ODO 24 webinar service is free of charge for registered webinar participants, however, due to technical considerations, the number of participants in each webinar is limited. The service provider makes available the option of a paid service, which guarantees participation in the webinar first before participants using the free registration, as well as the provision of additional services, such as access to the recording of the webinar and the provision of a study in electronic form, which includes a summary of the questions asked by participants and the answers given by the webinar presenter. The current, detailed pricing conditions for paid webinar services are presented at https://brood.website/rejestracja-na-webinar. In the event that a webinar has to be cancelled due to circumstances for which the Service Provider is not responsible, such as force majeure, unavailability of the webinar presenter, or malfunctioning of ICT solutions and tools provided by an external entity, the Service Provider will propose a different webinar date to the Client, and in the event of the Client's refusal, the Service Provider will immediately refund the amount paid to the Client as a guarantee of participation in the webinar.
4. The use of the training requires registration and data, such as name, business email address and place of employment (or represented company).
5. The content of the webinars, the materials presented during the webinars and, in the case of the use of the paid version, the recordings of the webinars, as well as other content made available by the Service Provider, constitute the legally protected content (hereinafter referred to as the "Content") to which the Service Provider is entitled and, therefore, it is prohibited to distribute the Content, to make the Content available to third parties, both in the form of the original work and in the form of a development of the Content, within the meaning of Article 2 of the copyright law. (adaptation, alteration, translation).
6. Questions submitted by webinar participants are recorded for further sharing and dissemination of the webinar, as well as a paper containing a summary of the questions asked by participants and the answers given by the webinar presenter.
7. The Service Provider reserves the right to exclude and refuse access to the webinar to participants who use the webinar in a manner contrary to these Terms and Conditions or generally applicable laws, violate the rights of the Service Provider, other participants or third parties, or in the event that the webinar is used for advertising activities, or in the event that the participant is engaged in activities competing with the Service Provider, or is an employee, associate or person related personally or by capital to an entity engaged in such activities.
8. The webinar service is made available using ICT solutions and tools provided by an external entity, i.e. Clickmeeting. The participant joining and using the webinar agrees to abide by the Terms and Conditions of Clickmeeting Service available at the following address https://clickmeeting.com/pl/legal.
9. Use of the webinar, regardless of the minimum technical requirements set out in Chapter 10 of these Terms, is subject to additional requirements specified by ClickMeeting, as indicated in point V of the ClickMeeting Terms of Service.
10. The Service Recipient may use an additional paid service consisting of providing access to recordings of previous webinar series. The detailed pricing terms of this Service, including the access period for previous webinar series, are presented at https://brood.website/rejestracja-na-webinar.
11. The Service Recipient may use an additional paid service consisting of an individual consultation between the Service Recipient and the webinar presenter. Consultations will take place by telephone or in another form agreed by the parties. The detailed pricing terms of this Service, including the duration of additional consultations with the webinar presenter, are presented at https://brood.website/rejestracja-na-webinar.
12. The Service Provider shall not be liable for any damage that the Service Recipient may suffer in connection with the services provided by the Service Provider, as referred to in this Chapter, by virtue of paragraph 13 below.
13. The limitation of liability referred to in paragraph 12 above does not apply to the service referred to in paragraph 11 above (individual consultations), in respect of which the Service Provider's liability covers only actual damage and does not include lost profits, provided that the maximum amount of the Service Provider's liability is PLN five thousand. In connection with the provision of this service, the Service Provider shall also not be liable for damage arising from the Service Recipient providing false, misleading or incomplete information concerning or related to the subject of the consultation.
14. The limitations of liability referred to above do not apply if the damage was caused to the service recipient intentionally by the service provider.

Chapter 8
Entrustment of personal data processing

1. Where the provision of electronically supplied services referred to in Chapter 2, section 1(c) and (d) of these Terms requires the Service Recipient to entrust the Service Provider with the processing of personal data for which the Service Recipient is the controller within the meaning of Article 4(7) of the GDPR, the conclusion of an agreement covering the electronic provision of the services specified in this paragraph or continued use of those services is tantamount to concluding an agreement for the entrustment of personal data processing with the content specified in Annex No. 2 to these Terms.
2. Paragraph 1 above shall apply accordingly. In the event that the service recipient is a data processor within the meaning of Article 4 (8) of the GDPR, and the performance of the services referred to in Article 1 requires further entrustment of data to the service provider.

Chapter 9
Conditions for the provision of services electronically

1. The service provider shall provide services to the Service Recipient within the period and under the conditions set out in these rules or in an individual offer, if such an offer has been made and accepted by the Service Recipient.
2. The Service Recipient undertakes to comply with these Regulations.
3. The service recipient is required to use the service provider's website and shared services in a way that is consistent with the service provider's and third parties' personal property rights and copyrights and intellectual property.
4. The Service Recipient is obliged to refrain from:
   1. misuse of electronic means of communication, which may cause harm to the Service Provider's or other entities' telecommunications systems, including causing a malfunction or overload.
   2. actions to test the possibility of breaking or circumventing the security of the Teleinformatics Systems of the Service Provider, and any other actions that lead to unauthorised access to all or part of the Teleinformatics Systems of the Service Provider.
   3. using the services provided by the Service Provider in a manner contrary to generally applicable law, good practice or the Service Provider's legitimate interests,
   4. the provision of log-in data for services provided by the Service Provider to unauthorised persons,
   5. providing through or to the Service Provider's IT systems content that infringes the rights of third parties, generally accepted social norms or is inconsistent with generally applicable law, or introducing or disseminating such content through the Service Provider's IT systems constitutes a breach of generally applicable law,
5. The Service Recipient undertakes to release the Service Provider from any costs or liability relating to content supplied by the Service Recipient to or through the Service Provider's IT systems by breach of paragraph 4 (e) above, in the event of claims against the Service Provider by a third party.
6. The Service Provider shall not be liable for damage caused by use of the services by an unauthorised person who, as a result of the culpable act or omission of the Service Recipient, obtained access to the services provided by the Service Provider.
7. The Service Provider shall not be liable for damage caused by use of the services by an unauthorised person who, as a result of the culpable act or omission of the Service Recipient, obtained access to the services provided by the Service Provider.
8. The Service Provider is not obliged to review content transmitted, stored or made available that has been entered by the Service Recipient into the Service Provider's IT systems. If the Service Provider obtains reliable information or an official notice of the unlawful nature of such content or activities related to it, the Service Provider may remove such content and/or suspend the Service Recipient's access to the services provided. In such a case, the Service Provider shall not be liable for removing the content referred to in this paragraph or for suspending access to services under this paragraph.
9. The Service Provider reserves the right to carry out necessary maintenance work on the IT system, which may cause temporary difficulties or prevent Service Recipients from using the services.
10. In specific cases affecting the security or stability of the telecommunications system, the Service Provider shall have the right to temporarily suspend or restrict the provision of services without prior notice and to carry out maintenance work in order to restore the security and stability of the telecommunications system.
11. The Service Provider undertakes to maintain the confidentiality of all information, including personal data entered by Service Recipients into the Service Provider's IT system, except in the following cases:
    1. This information is publicly available or publicly known, unless it has not become publicly available or publicly known as a result of a breach of law or contractual obligations between the Service Provider and the Service Recipient;
    2. the disclosure is required by law in general,
    3. the prior consent to disclosure shall be given by the Service Recipient.
12. The Service Recipient is obliged to enter data consistent with the actual state of affairs.
13. Complaints relating to the provision of electronic services by the service provider may be submitted in writing to the service provider or in electronic form by email to: biuro@odo24.plIt is recommended that the service recipient provides a description of the complaint, including information and circumstances concerning the subject matter, details of the type and date of the irregularity, their request and contact details.
14. If the complaint cannot be resolved within this timeframe, the Service Provider shall notify the advertiser by that time of the reasons for the delay and also of the foreseeable necessary time for the complaint to be resolved.

Chapter 10
Minimum technical requirements for the use of electronically supplied services

1. Technical requirements necessary to use the Service Provider's website:
   1. a computer, laptop or other multimedia device with Internet access and a web browser supporting HTML 5;
   2. access to e-mail;
   3. enabling the browser to store cookies and support JavaScript;
2. A detailed description of the technical requirements necessary for the use of electronically supplied services and a specification of the safeguards applied are set out in Annex No. 1 Some of the services provided electronically may be subject to additional technical requirements specific to that type of service.

Chapter 11
Specific risks associated with the use of electronically supplied services

1. Use of electronically provided services involves the risk of the IT system becoming infected with unwanted software, including software whose sole purpose is to cause damage.
2. In order to avoid the risks associated with unwanted infection of the computer system, it is recommended to install antivirus software on the computer, which is used by the User. It is recommended that the antivirus programme be updated continuously, as soon as possible updates appear.
3. In addition, it is recommended that the Service Recipient has a system barrier on his computer.
4. In addition to the risks resulting from an infected IT system, hacker attacks are among the possible threats. The Service Provider declares that it has safeguards in place to prevent or significantly impede hacking into the Service Provider's system.

Chapter 12
Transitional and final provisions

1. In matters not covered by this Regulation, the provisions of common law shall apply.
2. The Service Provider reserves the right to make changes to the rules of procedure for all relevant reasons, including details of any changes made to the provisions during the period and those affecting their implementation.
3. In the case of the conclusion of contracts of a nature other than continuous contracts (e.g. "Free advice") on the basis of these Terms and Conditions, the amendments to the Terms and Conditions shall in no way affect the acquired rights of Service Recipients who are consumers prior to the effective date of the amendments to the Terms and Conditions, in particular the amendments to the Terms and Conditions shall not affect Orders already placed or placed and Sales Agreements already concluded, executed or performed.
4. In the case of the conclusion of contracts of a nature other than continuous contracts (e.g. "Free advice") on the basis of these Terms and Conditions, the amendments to the Terms and Conditions shall in no way affect the acquired rights of Service Recipients who are consumers prior to the effective date of the amendments to the Terms and Conditions, in particular the amendments to the Terms and Conditions shall not affect Orders already placed or placed and Sales Agreements already concluded, executed or performed.
5. Annex No 2 to this Regulation to these Terms and Conditions is a model agreement on entrusting the processing of personal data, which shall be concluded in the case of conclusion of agreements covering the provision of services by electronic means referred to in Chapter 2, paragraph 1, point c) and d) of these Terms and Conditions, as well as in the case of further use of such services.