Terms
and Conditions of Provision of the User Account Service
by
Electronic Means
– Web Portal www.startup.pfr.pl
§
1. General Provisions
-
These
“Terms and
Conditions of Provision of the User Account Service by Electronic
Means – Web Portal www.startup.pfr.pl
”
(the “
T&C
”)
define the principles of provision by Polski Fundusz Rozwoju S.A.
with its registered office in Warsaw, ul. Krucza 50, 00-025
Warszawa, entered into the Register of Entrepreneurs of the National
Court Register maintained by the District Court for the capital city
of Warsaw in Warsaw, 12
th
Commercial Division of the National Court Register under the KRS
number 0000466256, REGON (Business Statistical Number) 146615458,
NIP (Tax Identification Number): 7010374912, share capital of PLN
2,453,326,553.00, paid in full, e-mail address: biuro@pfr.pl
(hereinafter referred to as “
PFR
”
or the “
Company
”),
of the service consisting in enabling users of the web portal
www.startup.pfr.pl
to create the user account (the
“Account”
)
and use all its functionalities (the
“Service”
).
-
These
T&C constitute terms and conditions within the meaning of
Article 8(1)(1) of the Act on Provision of Services by Electronic
Means of 18 July 2002 (consolidated text, Journal of Laws of 2017,
item 1219) and define the principles and conditions of provision of
the Service by PFR and the principles and conditions of use of the
Account by users of the web portal www.startup.pfr.pl
(the “
User
”).
-
In
the course of using the Account, the User is obliged to comply with
the provisions of the T&C.
§ 2.
Services Covered by the T&C
-
The
Account and its functionalities allow the Users to directly apply to
programmes organised or co-organised by PFR or PFR’s partners, and
also to personalise selected contents displayed as part of the
Account.
-
As
part of the Service PFR makes available the following
functionalities:
-
registration
and logging in to the Account;
-
adding
selected programmes to the category “Observe”;
-
applying
to selected programmes, managing sent applications and the
application history;
-
notices
of the time limits for applying to programmes marked by the User as
observed;
-
notices
of changes or updates connected with the observed programme and
success stories connected with a given initiative.
-
PFR
provides the Service free of charge.
-
The
Service is provided for an indefinite period until the User resigns
from the Service or PFR ceases to provide the Service, which may be
done at any time. The User will be informed if PFR ceases to provide
the Service.
-
PFR
bears no liability for any irregularities in the functioning of the
Account and the web portal www.startup.pfr.pl caused by force
majeure, any failure caused through the User’s fault or any
irregularities in the User’s system or hardware, the quality of
the User’s connection with the Internet, device failures of the
User's Internet providers or any other reason caused by third
parties for which PFR bears no liability.
-
For
the purpose of performing repair or maintenance works aimed at
assurance or restoration of security and stability of the Account
and the web portal www.startup.pfr.pl
or works aimed at improvement of the existing Account
functionalities or adding any new functionalities, PFR may suspend
or limit the provision of the Service on a temporary basis. The User
shall be informed in advance about any service breaks and their
duration by means of a message on the main page of the web portal
www.startup.pfr.pl.
-
PFR
bears no liability for the use of the Account and the web portal
www.startup.pfr.pl by the User in the manner conflicting with the
provisions of the T&C or applicable legal provisions.
§
3. Ordering the User Account Service
-
Prior
to ordering the Service in the manner indicated in Section 2 of this
Article, the User is obliged to become familiar with the content of
these T&C.
-
Ordering
of the Service and creation of the Account are effected by the
following registration activities performed by the User on the
website www.startup.pfr.pl:
-
entering
the User’s correct data into the form placed on the website
www.startup.pfr.pl,
-
sending
the completed form by means of the “create account” button,
-
confirming
the registration of the Account by activating the link contained in
the automatic e-mail sent by PFR to the User’s e-mail address.
-
Upon confirming the registration
set out in Section 2 letter c) of this Article, the User’s data
will be used for the purpose of performance of the Service by PFR.
-
The
User may, at any time, resign from the Service without giving a
reason by means of the deactivating button “Delete account” in
the menu of the User panel.
-
PFR
will cease to provide the Service to the User immediately after
receiving the User's resignation.
-
As
part of ordering the Service and in further contacts of the User
with PFR, the User may not disseminate illegal contents or
unlawfully affect the proper functioning of the Account and the web
portal www.startup.pfr.pl.
§ 4. Technical Requirements
A
condition for using the Service being the subject of these T&C is
the User’s possession of:
-
a
computer or another multimedia device having access to the Internet,
-
a
browser,
-
an
active e-mail account,
-
the
activated service of “cookies” and JavaScript.
§
5. Personal Data Protection
-
The
controller of the personal data provided by the User as part of the
registration of the Account, in the course of using its
functionalities, including in the course of applying to selected
programmes, and data indicated in the complaint is Polski Fundusz
Rozwoju S.A. with its registered office in Warsaw, ul.
Krucza
50, 00-025 Warszawa
,
entered into the Register of Entrepreneurs of the National Court
Register maintained by the District Court for the capital city of
Warsaw in Warsaw, 12
th
Commercial Division of the National Court Register under the KRS
number 0000466256, REGON (Business Statistical Number) 146615458,
NIP (Tax Identification Number): 7010374912, share capital of PLN
2,453,326,553.00, paid in full.
-
In
any matters related to the processing of personal data and exercise
of rights connected therewith, you may contact the Controller by
e-mail to
iod@pfr.pl
or in writing to the address of the Controller’s registered office
indicated in Section 1 above.
-
PFR
will process personal data for the purpose of:
-
performance
of the Service,
-
consideration
of filed complaints,
-
handling
the User’s claims against PFR,
-
profiling
demographic data,
in compliance with 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 repealing Directive 95/46/EC (General Data Protection Regulation)
(O. J. EU L 119 of 4 May 2016), the “
GDPR
”).
-
The
legal basis for processing the User’s personal data for the
purpose of
-
performance
of the Service is the User’s consent to data processing;
-
consideration
of filed complaints and handling the User’s claims against PFR is
the necessity of processing to fulfil a legal obligation imposed on
the Controller;
-
profiling
demographic data is the Controller’s legitimate interest, being
adaptation of the provided information to the User’s needs and
interests.
-
Personal
data will only be made available to entities provided for in the
legal provisions and to entities engaged in performance of
particular projects announced at www.startup.pfr.pl, subject to the
second and third sentences below.
Furthermore, data may also be provided to processors processing
personal data at the Controller's order, provided that such
processors process data under an agreement with the Controller and
only in compliance with the Controller’s instructions. The User
acknowledges that applying to some programmes by means of the
Account may require making the User’s personal data available to
another entity.
-
Personal
data will not be transferred to recipients in the countries beyond
the European Economic Area.
-
In
connection with the processing of personal data, the User will have
the following rights:
-
the
right of access to personal data and the right to request their
rectification, the right to object to their processing, the right to
their erasure or restriction of their processing;
-
the
right to withdraw consent; withdrawing consent does not affect the
lawfulness of the processing based on consent before its withdrawal;
-
the
right to personal data portability, i.e. to receiving personal data
from the Controller in a structured, commonly used and
machine-readable format (if applicable) in order to potentially
provide such data to another controller;
-
the
right to file a complaint with a supervisory authority dealing with
the protection of personal data if the processing of the User’s
personal data violates the provisions of the GDPR.
-
In
order to exercise above rights you should contact the Controller.
Contact data are indicated in Sections 1 and 2 above.
-
Provision
of personal data by the User is voluntary. Nevertheless, it is
necessary for performance of the Service by PFR, consideration of
complaints and handling of the User’s claims against PFR.
-
Withdrawal
of the consent to the processing by PFR of the User’s personal
data is equivalent to resignation from the Service.
-
The User’s personal data will be processed for the
purpose of:
-
provision
of the Service and profiling demographic data until the User resigns
from the Service or PFR ceases to provide the Service;
-
considering
the User’s complaints for the period of provision of the Service
and for the period of 12 months of the date on which the User
resigns from the Service or PFR ceases to provide the Service;
-
handling
the User’s claims against PFR, until limitation of such claims.
-
In
connection with the processing of personal data, decisions related
to the User will be made by automated means.
§
6. Complaints Procedure
-
Complaints
related to both technical aspects of the functioning of the Service
and other issues connected with the Service may be sent by e-mail to
startup@pfr.pl or by post to the
following address: Polski Fundusz Rozwoju S.A., ul. Krucza 50,
00-025 Warszawa.
-
The
complaint should contain, in particular:
-
a
description of the problem being the basis for filing the complaint
and the date and hour of its occurrence;
-
the
e-mail address provided during the registration of the Account;
-
the
e-mail address or postal address to which a reply to the complaint
is to be sent.
-
The
complaint will be considered and the information on its acceptance
or rejection will be given without undue delay, but within not more
than 30 days of receipt of the complaint.
-
The
User will be informed about acceptance or rejection of the
complaint:
-
in
writing by post delivered to the correspondence address indicated by
the User, or
-
by
e-mail in the event of a complaint sent by electronic means, unless
another way of providing information on consideration of the
complaint has been indicated by the User.
§ 7. Intellectual Property Rights
-
The Account and the web portal
www.startup.pfr.pl contain
elements protected under the intellectual property law. Any rights
to the contents placed as part of the Account and contained on the
web portal www.startup.pfr.pl, including graphic elements thereof,
are held by PFR or third parties that have given consent to the
dissemination of such contents by PFR.
-
The
User is entitled to use the contents contained in the Account and on
the web portal www.startup.pfr.pl only subject to the terms and
conditions stipulated in these T&C and only for the purpose of
personal use.
-
Any
activities covering elements protected under the intellectual
property law, contained in the Account and on the web portal
www.startup.pfr.pl, such as (inter alia) copying, making amendments,
public replaying or other dissemination, may not be done without
PFR’s prior written consent.
-
The
contents placed in the Account and on the web portal
www.startup.pfr.pl are
subject to legal protection in compliance with generally applicable
legal provisions, including in particular the Polish Civil Code of
23 April 1964 (consolidated text, Journal of Laws of 2018, item
1025) and the Copyright and Related Rights Act of 4 February 1994
(consolidated text, Journal of Laws of 2018, item 1191).
§ 8. Final Provisions
-
The
T&C take effect from the date of their publication on the web
portal www.startup.pfr.pl.
-
These
T&C are published and available to be downloaded in PDF format
at www.startup.pfr.pl.
-
These
T&C may be amended from time to time in the event of:
-
any
amendment of applicable legal provisions which may affect the
content of the T&C or the manner or scope of the provided
Service;
-
any
change of the scope of the Service;
-
any
change related to technical requirements;
-
other
important reasons.
PFR
will notify the User of each amendment of the T&C by e-mail. The
amended T&C apply to the User if the User does not resign from
the Service in the manner indicated in § 3 Section 4 of the T&C
within 14 days of the date of receipt of the new content of the T&C,
counted from the date following the expiry of the above time limits.