Rules for the provision of services
by electronic means

This Regulation shall enter into force on the twentieth day following that of its publication.

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: www.odo24.pl, i odonawigator.pl.
3. Consent to comply with this Regulation when launching a service available on the website https://odo24.pl/ (or odonawigator.pl) is equivalent to full acceptance of the terms of the Regulations.

This appropriation is intended to cover:
Types and scope of services provided by electronic means

1. The Service Provider provides services electronically, in particular:
   1. and am on the newsletter.
   2. Free counselling service.
   3. E-learning services, for example, a service that provides access to an e-learning module.
   4. This is ODO Navigator.
   5. Expert meeting on the General Data Protection Regulation (GDPR) - part of our regular Webinar series
2. The service provider may also provide services on the basis of separate contracts for the provision of services by electronic means.

This appropriation is intended to cover:
"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.

This appropriation is intended to cover:
Free counselling

1. Free advice is a service for providing paid and free advice in 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 endeavour to respond to your enquiry within a maximum of 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 process personal data., It may instruct a third party to reply to any questions that are sent., the entity, To whom the performance of this service will be outsourced, will be selected with due care and caution, The respondents are expected to have extensive knowledge of the subject matter.

This appropriation is intended to cover:
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. The cost of e-learning is dependent on the type of training or the contract 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.

This appropriation is intended to cover:
The ODO Navigator service

1. The ODO Nawigator service is provided via the ODO Nawigator app, via the Internet.
2. The ODO Navigator service supports the documentation and maintenance of the Customer's personal data protection system, including the maintenance of an electronic repository of documentation, the management of records of employees authorised to process personal data, the management of records of personal data processing resources with a list of safeguards in place, the maintenance of periodic training, and the maintenance of a register of processing activities and a register of data breaches.
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. The use of the Polish DPA Navigator service also requires the provision of personal data for the purposes of its provision and settlement.
5. The Polish DPA Navigator service is paid and available for a fixed period corresponding to the purchased subscription period. The Polish DPA Navigator service contract expires with the expiry of the purchased subscription period unless the Service Recipient purchases the service for the next subscription period.
6. The current price offer for the subscription to ODO Nawigator, together with the promotions and discounts available, is presented on the website https://odo24.pl/odo-nawigatorThe service provider reserves the right to submit an individual price offer to selected customers.
7. Payment of the subscription frame shall be made from 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, the requirements set out in Article 8 above, in case of an unauthorised disclosure by the Service Recipient to third parties of materials or documents made available to the Service Recipient within the framework, The customer shall pay the service provider a contractual penalty of £4,800, for each infringement of the GDPR, bez dodatkowego wezwania, to the bank account specified in the charge note issued by the Service Provider. The Service Provider is entitled to claim compensation from the Service Recipient in an amount exceeding the reserved contractual penalty.
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 that you use the UODO Navigator service in a way that is not in line with its intended purpose, contrary to common law or good practice, or in accordance with these Regulations,
    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.

This appropriation is intended to cover:
Expert meeting on the General Data Protection Regulation (GDPR) - part of our regular Webinar series

1. The Polish DPA 24 Webinar service is provided in the form of remote expert lectures, in which participants have the opportunity to ask questions in a shared chat.
2. The topic of the webinar, the date, duration and the person giving the talk will be indicated on the website https://odo24.pl/szkolenia/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://odo24.pl/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. Korzystanie z webinaru, Regardless of the minimum technical requirements, This Regulation shall enter into force on the date of its publication in the Official Gazette of the European Union., is subject to additional requirements set out in accordance with Clickmeeting, which are indicated in point V of the Clickmeeting Service Provisioning Rules.
10. The Customer may use an additional and paid service, consisting of an individual consultation of the Customer with the webinar presenter. The consultation will take place over the phone or in another form agreed by the parties. The detailed price conditions of this Service, including the duration of additional consultations with the person conducting the webinar, are presented at https://odo24.pl/rejestracja-na-webinar.
11. The Customer may use an additional and paid service, consisting of an individual consultation of the Customer with the webinar presenter. The consultation will take place over the phone or in another form agreed by the parties. The detailed price conditions of this Service, including the duration of additional consultations with the person conducting the webinar, are presented at https://odo24.pl/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. Limitation of Liability, the data protection officer referred to in Article 12 above, Not applicable to the service, the test referred to in Article 11 above (individual consultations), we hereby limit our liability to the actual damage caused, does not include lost benefits, Whereas the maximum amount of liability of the service provider is GBP five thousand., The Service Provider shall also not be liable for damages arising from the title of the Service Recipient's supply of false information., inaccurate or incomplete information, relating to 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.

This appropriation is intended to cover:
Confidence of processing of personal data

1. W przypadku, Where the provision of services is provided electronically, referred to in section 2(1)(c) and (d) of this regulation, requires the Service Recipient to entrust the Service Provider with the processing of personal data, whose data controller, in accordance with Article 4(7) of the GDPR, is the Service Recipient, The conclusion of a contract involving the electronic provision of the services referred to in this paragraph or the continued use of those services, is equivalent to a single entrustment agreement for the processing of personal data with content as specified in Annex 2 to this Regulation to this Regulation.
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.

This appropriation is intended to cover:
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. the use of our services in a way that is against the law, good practice or our legitimate interests
   4. the provision of log-in data for services provided by the Service Provider to unauthorised persons,
   5. the provision by or to the Teleinformatics Service Provider of content that infringes the interests of third parties, generally accepted social norms or is incompatible with generally applicable law, or the introduction or dissemination through the Teleinformatics Service Provider of such content breaches 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 damages caused by the use of the service by an unauthorised person who, as a result of the fault 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 damages caused by the use of the service by an unauthorised person who, as a result of the fault or omission of the service recipient, obtained access to the services provided by the service provider.
8. We may remove such content and suspend your access to our services if we obtain reliable information or an official notice that it is unlawful or related to a data processor.
9. The service provider reserves the right to carry out any necessary maintenance work on the telecommunications system, which may cause temporary difficulties or prevent users from using our 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 provider shall be obliged to enter data in accordance with the actual situation.
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: [email protected]It 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.

This Regulation shall enter into force on the date of its adoption.
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. enable cookies and Javascript in your browser.
2. A detailed description of the technical requirements necessary for the use of electronically supplied services and the specifications of the safeguards used can be found in our data processing agreement.This Regulation shall enter into force on the date of its publication in the Official Journal of the European Union. Some of the services provided electronically may be subject to additional technical requirements specific to that type of service.

This appropriation is intended to cover:
Specific risks associated with the use of electronically supplied services

1. The use of our services provided electronically is associated with the risk of infection of your computer system by 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.

This Regulation shall enter into force on the date of its adoption.
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.