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Terms of Service for Shops

Art. 1
The scope of the Rules

The Rules determine terms and conditions of using the Services run by Simply4net spółka z ograniczoną odpowiedzialnością.

Art. 2
Definitions

Administrator ​– the Service owner – Simply4net spółka z ograniczoną odpowiedzialnością located in Poznań, address 43 Królowej Jadwigi Street, 61-871 Poznań, tax identification number (NIP) 9721244748, statistical number (REGON): 302464929, registered into the register of entrepreneurs of National Court Registry (KRS) run by District Court for Poznań – Nowe Miasto i Wilda in Poznań, VIII Commercial Division KRS under KRS no. 0000490159, share capital in amount of PLN 96,450.

Data ​– information collected by the Administrator from the Shop and Producer’s website concerning a Consumer’s activities related to potential purchases (such as number of clicks, displayed offers, statistic of product sales, pricing and availability). 

Product Information –​ information about the Producer’s products and services offered in the Shop including their price and availability.

Customer – a person visiting the Producer or Shop’s website who may be interested in purchasing the Producer’s products or services offered in the Shop. 

Consumer​ – a natural person which makes act in law (in particular enters into an agreement) not connected directly with his/her business or professional activity.

Account – the space in the Service available after logging in (entering login and password) in which every registered User can enter or modify the personal data or other information.

Buyer – a person who, after clicking in an appropriate hyperlink in the Software bought a specific good or service.

Software​ – a creative work in accordance with the act of autorship right and related rights which is a computer program, in particular a widget which allows to display Shops’ offers content and compare prices of products as well as codes registering the transactions on Shops’ websites. With respect to mobile devices, the Software may be created for a specific device only and run on this device under specific technical requirements.        

Panel​ – ​the space on the Website where proposals of Shops and Publishers’ Advertisements are displayed.   

Producer – ​a natural person, legal person or organisational unity having legal capacity and conducting business activity which successfully registered itself in the Service and provided commercial information to be published on the Software and is interested in advertising its products through the Website or Software installed on its website.

Profil​e – the space on the Website where information concerning description as well as other data entered by the Cooperating Entity are published.

Rules – these rules of providing services.

Advertisement ​– every form of communication (in particular text link, graphics, animation, movie or sound regardless of its form) which has an aim to encourage purchasing of a good or service. The Advertisement can contain the part of advertisement or graphics, logo, trademark, graphic sign as well as other distinctive mark, photo and presentation of a creative work in the meaning of authorship right.  

Website – the website having address, h​ttps://100shoppers.com or ​https://getbuybox.com administered by the Administrator.

Shop – ​ a natural person, legal person or organisational unity having legal capacity which successfully register itself in the Shop and provide commercial information to publish it in the Software and is interested in advertising its offers through the Website or Software on the Producers or Publishers’ websites; for the Shop shall also be considered a person offering the Producer’s products or services.

Publisher ​– a natural person, legal person or organisational unity having legal capacity being successfully registered in a Shop and is interested in advertising the Shop’s products through the Software installed on its website.

Service Provider – the Administrator or other entity – a natural person, legal person or organisational unity having legal capacity which conduct business activity in the scope of services offered on the Website.  

User – an entity being a Shop.

Order – a statement of will concerning a choice of a product or service in the Shops’ web shops made by a Buyer to enter into an agreement to buy products or services. 

Art. 3
General Provisions

  1. The Rules determine terms and conditions under which the Administrator and Service Provider perform their services to the Shops.  
  2. The Rules are rules according to Art. 8 of the act on 18 July 2002 on providing services electronically (unified text Dz. U. 2019, item 123 as amended).
  3. The Rules can be displayed on the Website and made available on every request of the Shop as well as sent to the User directly after finishing the registration process on the email address indicated by the User.   
  4. All restricted names and trademarks are owned by entitled persons and are specified only for unambiguous identification of their goods and services. 
  5. The Administrator or Service Provider can introduce separate or additional terms and conditions of performing services and purchasing products, including the terms and conditions in the form of rules of promotion or separate rules which bind the User after their acceptance. 
  6. Whenever the Rules state about informing, noticing or granting a consent as well as other form of contact with the Administrator or Service Provider, it should take place by sending an email message on the User’s address indicated during the registration, unless the special provisions of the Rules state otherwise. 
  7. By accepting the Rules the User grants the consent for sending on the email provided during the registration all information connected with the performance of the Rules, in particular the current version of the Rules any amendments and other information in compliance with the law.

Art. 4
Services

  1. Having own Account on the Website and getting acquainted with data on the Website are free of charge. Conclusion of the Agreement on performing services in the scope determined by this Article takes place after successful finishing of the registration process and creating the Account. The agreement on performing the services is made for unlimited time. The agreement on performing the services expires when the User’s Account is liquidated by the User or Administrator after prior terminating the agreement on performing the services.     
  2. The Service Provider grants the Software which allows to count the Orders made after clicking the Customer’s Advertisement or Product Information. The Service Provider collects data about products (price, availability) and transactions made through the Service Provider’s service (date, ID, amount of transaction, Products list) and the Shop gives a consent to their further disclosure. The Shop is entitled to refuse disclosing data about the transaction by sending the Service Provider a statement, the lack of consent may result in lack of presentation (non-displaying) the Shop’s offer on the Producers’ websites.    
  3. After accepting the Rules (and possible additional contractual provisions connected with the services chosen by the Shop and performed by the Service Provider), the Shop will gain an adequate licence for the Software to use the services. The intellectual property rights to the content on the Website, including the Software as well as other applications are vested in the Administrator or Service Provider, depending on the character of the service. 
  4. Every User can express a voluntary consent for receiving the newsletter on the indicated email address both in the moment of using the Website or after finishing using it.   
  5. The provisions set forth in section 2 of this Article concern the 100shoppers.com. service only.

Art. 5
Registering and using the Website

  1. To use the Services the Shop shall accept the terms and conditions of the Rules, register and create the User’s account.
  2. The registration consists of correct filling all necessary boxes of the registration form on the Website and accepting the Rules which are sent to the User on the email address indicated by it every time after entering into the agreement on using the Website.  
  1. The User of the Website may be every natural person, legal person or organisational unity which has legal capacity, accepts the terms and conditions of the Rules and finishes registration on the Website with successful creation of the Account.
  2. The User shall provide its correct data. Indicating untrue or incomplete data results in timeless blocking of the Account.
  3. The User shall update its data in the registration form every time it changes. 
  4. During the registration as well as every time after that, the Shop may voluntarily grant a consent for receiving commercial, advertising or marketing information sent by the Administrator or Service Provider and a separate consent for receiving commercial, advertising or marketing information by the Administrator’s contractors. The Shop may withdraw its consent any time.  
  5. The Shop may change or delete its personal data by the edition of the Account on the Website. 
  6. For non-compliance with the Rules by the Shop time blockades for using part or all options of the Website or Software may be imposed. If the Shop has several Accounts, the blockade may be imposed on its all Accounts.   
  7. The Administrator does not bear any liability for damages or losses arising from blocking or deleting the Account due to any infringement of the Rules. 
  8. The Administrator has right to delete from the Website any materials uploaded by the Shop which are non-compliant with the Rules without necessity to inform the Shop about it.

Art. 6
The Shop’s obligations

  1. The Shop grants the Producer or Publisher a free of charge unexclusive licence for publishing the Advertisement or Product Information.
  2. The Advertisement and Product Information is delivered through the Website. The Shop delivers information about its offer in XML file or by API made accessible by the Service Provider. 
  3. The Shop may refuse to display its advertisements or product information by chosen Publishers or Producers which are interested in displaying the Shop’s Advertisements or Product Information. 
  4. The Shop states that it is the owner or is entitled to dispose the materials determined in section 1 of this Article, including granting licences for using them by third parties for advertisement purposes. 
  5. The Advertisement or Product Information stipulated in section 1 of this Article shall not be misleading or infringing for third parties’ rights.   
  6. If the Shop, Advertisement or Product Information do not meet the requirements determined in section 4, the Shop shall bear all costs being a consequence of misleading third parties or infringing their rights.  
  7. The Shop shall settle with the Administrator the amount of remuneration due for using the services. The abovementioned remuneration consists of a commission counted from net or gross price of the Product or Service sold (costs of supply of purchased goods or services shall not be counted to the order’s value) which shall be transferred for every finished order placed by the Buyer through the Advertisement on the Publisher’s website. The Shop and Administrator may agree different values of commissions depending on advertised product groups and individual settlements of the Shop and Administrator. Unless the Shop and Administrator agree otherwise, the Administrator shall not be entitled to the remuneration for orders placed by the Buyers directed from the Producers’ websites.      
  1. The Shop undertakes to pay the remuneration to the Administrator on time. If the Shop fails to pay the remuneration timely, the Administrator may cease to perform the services for the Shop. 
  2. The Shop shall update the Software and, if necessary, Advertisement and Product Information which it made available.  
  3. The Licence for the Advertisement of Product Information stipulated in section 1 of this Article can be successfully terminated after sending a termination note with one month’s notice effective at the end of the month on the Service Provider’s address.   
  4. The Advertisement or Product Information will be transferred through the Website or via email on the Administrator’s address. 
  5. The Panel consists of information as regards current amount of the commission stipulated in section 7 of this Article from each finished order placed by the Buyer through the Advertisement or Product Information which a Publisher placed on its website. The amount does not include VAT.
  6. Transactions made by the Buyer after 30 days from using the advertisement shall be considered unperformed, in consequence the commission from the transactions made after this period is not due. The number of days determined in the above sentence may be decreased or increased, pursuant to settlements with the Shop.
  7. If the Account is liquidated, all settlements shall be made in accordance with the Rule’s provisions at the end of a calendar month. If the Account is liquidated, all licences granted by the Shop pursuant to Article 6 section 1 of the Agreement expire at the end of calendar month.  
  8. The Shop shall place on its website the code registering number and details of transactions as well as displaying product sites. The Service Provider grants the Shop the licence for using the code in the abovementioned manner.  
  9. During providing services, the Shop undertakes not to modify the code accruing the provisions stipulated in section 15 in the manner which may result in its incorrect operation. 
  10. If the Shop infringes the obligation stipulated in section 16, it will be obliged to pay to the Administrator the contractual penalty (in Polish kara umowna) in amount of PLN 500 for each case of the infringement, to be paid on the basis of a separate notice. The payment of the contractual penalty shall not limit the Service Provider’s possibility to seek for compensation on general bases.  
  11. If the Administrator receives a formally correct complaint in connection with displaying the Shop’s Advertisement or Product Information, the Administrator will immediately convey the complaint to the Shop. The Shop shall consider the complaint and convey its decision to the Administrator within seven days under the pain of considering the complaint justified.     
  12. The Shop shall confirm or reject a transaction made by a Client in the Panel not longer than within 30 days from the day it was made or in the other date agreed with the Administrator. If the Shop does not accept or reject the transaction in the abovementioned date, it shall be considered as the acceptance of the transaction which result in counting an adequate commission for the completed transaction.  
  13. To exercise the Agreement’s provisions the Shop and Service Provider conclude the data processing agreement which constitutes the Appendix no 1.

Art. 7
Technical requirements

  1. The Service and Software may contain elements like:
    1. active links which allow the User to access websites other than the Website; in case of the websites of persons different than the Service Provider, the Service Provider restricts that it does neither have an influence on a content on these websites, nor verify them and it does not have an influence on privacy policies of administrators of these websites; the Service Provider recommend getting acquainted with all rules and documents regarding privacy policy as well as products and services offered on these websites.     
    2. frames,
    3. advertisements and other promotion and advertising materials, in whichever form and message, including active advertising banners.
  2. For using the Website the User need to have an access to the Internet as well as internet explorer which allow to display www websites, personal computer (PC) or mobile device which has at least the following parameters:  
    1. access to the Internet 256 kbps or quicker,
    2. installed internet explorer.
  3. It is recommended to use the following internet explorers with the following and newer versions as well as with cookies files support turned on:
    1. Internet Explorer 10,
    2. Mozilla Firefox 22,
    3. Opera 15,
    4. Safari 9,
    5. Google Chrome 28.
  4. If other special requirements which the User’s computer or mobile device should meet occur, the information about it shall be presented in discrete rules on the Website.

Art. 8
Settlements

  1. The Shop pays the remuneration resulting from article 6 section 7 of the Rules on the Administrator’s account indicated on the issued VAT invoice. The VAT invoice for the Shop is issued by the Administrator for the transactions positively verified by the Shop on which the commission was charged.
  2. The settlement stipulated in section 1 of this Article is made in monthly reference periods. 
  3. The costs of possible differences in exchange rates as well as commissions, charges and fees related with a transfer are borne by the Shop.

Art. 9
Licence

  1. If the Shop accepts the Rules and other possible rules necessary as well as downloads and installs the Software, the Administrator which has copyright to the Software, grants to the Shop the licence for using the Software free of charge (Licence).   
  2. The Licence determined in section 1 of this Article entitles the Shop to use only the indicated functions of the Software and using the Website. 
  3. In particular, the licence does not give the Shop entitlement to:
    1. distribute the downloaded data which is an element of the Website or Software or making them accessible,
    2. download or multiply data which is an element of the website or software to which the Service Provider possesses exclusive authorship rights for purposes other than performing the agreements concluded within the Website, in particular for the third parties’ needs, 
    3. distribute, multiply, copy, make accessible, hold on lease, and sell to third persons any Data on the Website regardless of form;
    4. grant sub-licences;
    5. decompile, disassemble, modify and reverse engineer data which are an element of a website or software. 
  4. The Licence is non-exclusive and inalienable.
  5. The Shop grants the Administrator the licence to use its name and logo as well as information about the Shop in informational and promotional materials of any type (including electronic available over the Internet) in connection with performing the agreement by the Administrator. The licence is granted for limited time, that is the duration of the Agreement, from the day of its signing. The licence may be terminated at any time with 2 week notice period, by sending the termination note via email. The licence is non-exclusive, free of charge and effective in Poland as well as overseas.

Art. 10
Complaint procedure

  1. In case of any irregularities regarding functioning of the Website or Software or displaying Product Information, the Shop shall immediately inform the Service Provider about this fact.
  2. All complaints can be submitting: personally, in writing by a post mail at: Simply4net sp. z o.o., ul. Królowej Jadwigi 43, 61-871 Poznań, electronically, in particular through email at: hello@100shoppers.com
  3. Every complaint shall contain at least:
    1. specification of features of the complaining service;
    2. specification of date and type of irregularities in the service as well as their description;
    3. the Shop’s contact data, such as correspondence address, email and telephone number. 
  4. The Service Provider shall handle the complaint immediately but not longer than within 14 (fourteen) working days from the day of its receiving. In particular cases the date of handling the compliant may be extended for additional 14 days, in particular if, due to the complexity of the complaint, its handling cannot be possible within the first 14 days.   
  5. If the complaint concerns the Advertisement or Product Information’s content or the commission due to the Publisher, the Administrator will deliver the complaint to the Shop which shall handle the complaint within seven days from its reception under the pain of considering it justified. The complaint shall be resolved not longer than within 14 (fourteen) days from the day of its receiving by the Administrator. In particular cases the date of handling the compliant may be extended for additional 14 days, in particular if due to the complexity of the complaint its handling cannot be possible within the first 14 days. This provision shall not be applicable to Cooperating Entities who are Consumers.  
  6. The answer to the complaint shall be sent to the User to the email address provided in the complaint or, if the complaint is made in writing, to the address provided in the complaint document. 
  7. In case of inaccessibility of the service the Shop shall immediately notify this to Service Provider and the Service Provider shall restore the functioning of the service within 24 hours from receiving the notification.

Art. 11
Termination of the Agreement

Each Party is entitled to terminate the Agreement with one month’s notice effective at the end of the month. The termination note shall be sent via email.

Art. 12
Exclusion of liability

  1. All activities of the Shop on the Website shall be compliant with legal provisions effective in the territory of Poland, commonly appreciated principles of morality and fairness as well as the Rules, in particular publishing any illegal content by the Shop is strictly prohibited.
  2. The Shop can copy, multiply or otherwise use information, data or content obtained in connection with rendering the services for the purposes different than fulfilling obligations determined in the Rules only after gaining an express consent of the Administrator. The above does not apply to situations of fair use resulting from the Act of 4 February 1994 on authorship right and related rights. The Administrator is entitled to refuse to perform the activities determined in the sentence above with respect to data or its remakes granted from other entities.
  3. The Administrator and Service Provider shall neither be responsible for the way the Shop or a person acting on its behalf use the Website, nor for any outcomes of using the Website if the Website was used contrary to the provisions of the Rules.
  4. The Administrator and Service Provider shall not be responsible for damages suffered by the Shop or a person acting on its behalf which are the result of threats on the Internet independent from the Administrator and Service Provider. Moreover, the Administrator and Service Provider shall not be responsible for breaks in the Website’s accessibility being a result of technical breaks (for instance due to a preservation of the Website, its inspection or replacement of equipment) or from other reasons independent from the Administrator or Service Provider.
  5. The Administrator reserves the right to cease to make the Website accessible, after prior notifying about it on the Website. The cessation of the Website’s accessibility will be connected with the amendment or terminating the agreements binding the Administrator and Service Provider with the Shop.
  6. The Administrator and Service Provider do not bear responsibility for inaccessible of the service or its incorrect functioning being an effect of:
    1. specificity of functioning of the Internet, in particular breaks or delays on transmission, 
    2. mechanisms of governing the traffic over the Internet applied by operators,
    3. other technical aspects outside the influence of Administrator which conducted due diligence in the manner of performing the services connected with the Website.
  7. The Administrator undertakes to keep secret all confidential information obtained from the Shop (hereinafter the “Confidential Information”). The Confidential Information is every information obtained by the Administrator in connection with services or other considerations in the scope of the cooperation which disclosure to third parties may expose the Shop on damage, in particular information that constitutes trade secret and business secret within the meaning of Article 11 section 4 of the Act on competing unfair competence, information of monetary, personal, technical, technological and organisational character, information about pricing policy, distribution and marketing concepts as well as all other information if they have potential tangible or intangible value and are not publicly available.

Art. 13
Final provisions

  1. All disputes which may arise in connection with this document shall be resolved through negotiations between parties acting in good faith. If the method stated above is not effective, the dispute shall be adjudicated by courts having jurisdiction over the Administrator or Service Provider’s registry seat. 
  2. This document as well as other documents referred in it are governed by the Polish law in particular the Act on 23 April 1964 Civil code (Dz. U. 1964 no 16, item 93 as amended), Act on 18 July 2002 on providing services electronically (unified text Dz. U. 2019, item 123 as amended) and Act on 4 February 1994 on authorship right and related rights (unified text Dz. U. 2019 item 1231 as amended).
  3. All comments, opinions, and information about any infringement of the Rules shall be sent to the following email address: hello@100shoppers.com.
  4. If certain provisions of the Agreement are considered illegal, invalid or inefficient, the other provisions shall remain valid and effective. In place of illegal, invalid or ineffective provisions shall be applied a rule which is the closest to the aim of this provision and the Rules as a whole.   
  5. The Administrator reserves the right to amend the provisions of the Rules or Privacy Policy or to add additional conditions after previously informing the User which shall take place not shorter than 14 days between the change. The information shall indicate the date of the last change at the end of the Rules. 
  6. In case of lack of acceptance of new provisions of the Rules, Privacy Policy or additional terms and conditions determined in section 1, the Shop is entitled to withdraw from their acceptance. In such case the hitherto version of these instruments is effective, unless the Administrator informs that the lack of acceptance may lead to cancelling the Account and all consequences in the Rules resulted from it.
  7. The Rules, Privacy Policy and terms and conditions stipulated in the Rules or separate rules are a supplement of an agreement or agreements between parties and regulate using the Website by a Shop.  
  8. The Rules and Privacy Policy’s updated versions are available at: https://100shoppers.com and https://getbuybox.com.
  9. The appendix no 1 – Personal data processing agreement constitutes an appendix to the Rules.
  10. The Rules are effective since 25 November 2020​.

Appendix no 1 to the rules of providing the services for Shops by Simply4net sp. z o.o. – The personal data processing outsourcing agreement

The personal data processing outsourcing agreement

Concluded by and between:

the Shop, ​hereinafter referred to as the “Controller” 

and

the Service Provider​, hereinafter referred to as the “Processor”

hereinafter referred to jointly as the “Parties” and each one separately as the “Party”​.

§ 1 - DEFINITIONS

For the Agreement’s purpose, the Controller and Processor state that the terms set forth below have the following meaning:

  1. Personal Data ​– data in accordance with Article 4 point 1) of the Regulation 2016/679, that is any information relating to an identified or identifiable natural person.
  2. Personal Data Processing ​– any operation or set of operations which is performed on personal data or on sets of personal data whether or  not  by  automated  means, such  as  collection, recording, organisation, structuring,  storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction in accordance with Article 4 point 2) of the Regulation 2016/679.
  3. The Agreement – this agreement.
  4. The Master Agreement ​– the agreement on providing the 100shoppers.com service concluded between the Controller and Processor.
  5. Regulation 2016/679 ​- 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).

§ 2 – STATEMENTS OF THE PARTIES

The Parties state as follows:

  1. the Agreement is made to perform the obligations set forth in Article 28 of the Regulation in connection with entering into the Master Agreement.
  2. The Controller states that it is a Personal Data controller within the meaning of Article 4 point 7) of the Regulation 2016/679, that is an entity which alone or jointly with others, determines the purposes and means of the processing of the Personal Data. 
  3. The Processor states that it is a processor within the meaning of Article 4 point 7) of the Regulation 2016/679 which means that it will process the Personal Data on behalf of the Controller.

§ 3 – THE SUBJECT MATTER AND DURATION OF PROCESSING

  1. The subject matter of the Agreement is entrusting the Personal Data processing by the Controller to the Processor in connection with providing the service 100shoppers.com. 
  2. The Controller entrusts the Processor processing of the Personal Data and the Processor undertakes to process it in accordance with the law and Agreement. 
  3. The Agreement is concluded for the time of the Master Agreement’s validity and performance of the obligations resulting from the Agreement.

§ 4 - THE TYPE OF PERSONAL DATA AND CATEGORIES OF DATA SUBJECTS

  1. The Controller entrusts the Processor processing the personal data of persons visiting the Producer’s website. 
  2. The scope of the Personal Data processed by the Processor on the basis of the Agreement consists of data in cookies files, IP number and behaviour of a person visiting the Shop’s website. 
  3. The type of the entrusted personal data does not involve so called special categories of personal data within the meaning of Article 9 section 1 of the Regulation 2016/679.

§ 5 – PURPOSE AND CHARACTER OF PROCESSING

  1. The Processor is entitled to process the Personal Data only within the scope and for the purpose specified in the Agreement. 
  2. The purpose of the Personal Data Processing is performing the services 100shoppers.com and getbuybox.com.
  3. In the scope of the purpose set forth in section 2 above, the Processor is entitled to the following operations on personal data: gathering, recording, organising, putting in order, storing, modifying, using, disclosing by transferring, publishing, making available, deleting, destroying.
  4. The personal data processing is carried out with use of it systems. 
  5. Taking into account the purpose of the personal data processing it processing has continual character.

§ 6 – DETAILED PROVISIONS OF PERSONAL DATA PROCESSING

  1. The Processor processes the Personal Data only after receiving a documented command from the Controller. For the documented command shall be considered in particular a command of data processing stipulated in the Master Agreement. 
  2. When processing the Personal Data the Processor shall comply with the rules determined in the Agreement including guidance and instructions delivered by the Controller or in the Regulation 2016/679.
  3. Before commencing the Personal Data Processing, the Processor shall take measures to secure the Personal Data referred to in Article 32 of the GDPR, and in particular:
    1. taking into account the state of technical knowledge, the cost of implementation and the nature, scope, context and purposes of processing as well as the risk of violating the rights or freedoms of natural persons with a different probability of occurrence and the severity of the threat, is obliged to apply technical and organizational measures ensuring the protection of Personal Data processed to ensure the security corresponding to this risk. The Processor should properly document the application of these measures, and update these measures in consultation with the Controller
    2. undertakes that the persons used to perform the obligations under the Agreement will be properly trained in the field of personal data protection, in particular:
      • legal provisions and procedures regarding the processing and protection of personal data;
      • procedures for dealing with threats to the security of personal data,
    3. keeps a register of all categories of processing activities carried out on behalf of the Controller, referred to in Article 30 section 2 of Regulation 2016/679 and makes it available to the Controller at his request, unless the Processor is released from this obligation pursuant to Article 30 section 5 of the Regulation 2016/679. 
  4. The Processor ensures that persons having access to the Personal Data Processing keep it as well as the security measures secret. The confidentiality obligation is valid after performing the Agreement or expiring the employment relationship with the Processor. For this purpose the Processor allows to process the data only these persons which undertook to keep the personal data and security measures confidential.

§ 7 – FUTHER OBLIGATIONS OF THE PROCESSOR

  1. The Processor, taking into account the nature of the processing and the information available to it, undertakes to assist the Controller in fulfilling the obligations set out in art. 32-36 of Regulation 2016/679, in particular, the Processor undertakes to provide the Controller with information on breaches of Personal Data protection without undue delay from detecting an event constituting a breach of personal data protection.
  2. The Processor undertakes to help the Controller through appropriate technical and organizational measures in fulfilling the obligation to respond to the requests of data subjects in the exercise of their rights specified in art. 15-22 of the Regulation 2016/679, in particular, the Processor undertakes to inform the Controller about the submitted request of the data subject within 5 days from the date of receipt of such request.
  3. The Processor undertakes to follow any guidelines or recommendations issued by the supervisory authority or the EU advisory body dealing with the protection of Personal Data regarding the Processing of Personal Data, in particular with regard to the application of Regulation 2016/679.
  4. The Processor undertakes to immediately inform the Controller (according to the method of contacting or notifying specified in the Master Agreement) about any proceedings, in particular administrative or court proceedings, regarding the Processing of entrusted Personal Data by the Processor, about any administrative decision or ruling regarding the Processing of entrusted Personal Data addressed to the Processor, as well as about all controls and inspections regarding the Processing of Personal Data entrusted by the Processor, in particular carried out by the supervisory authority, unless the prohibition of notifying the Controller results from legal provisions, in particular the provisions of criminal proceedings, when the prohibition is to ensure confidentiality investigation initiated.

§ 8 – ENTRUSTING OF PERSONAL DATA FURTHER PROCESSING

  1. The Processor is entitled to use services of other processing entity (a subprocessor). 
  2. The Controller gives a consent to entrust the Personal Data further processing. 
  3. The Processor shall inform the Controller about any intended changes concerning adding or replacing subcontractors used and indicates the name of the intended subprocessor as well as character of suprocessing, the scope of personal data and duration of the subprocessing. If the Controller does not refuse the subprocessing within 7 days from notifying, the Processor shall be entitled to entrust further processing.   
  4. In the event of subcontracting the processing of Personal Data, the subcontracting of processing will be based on an agreement under which the subcontractor (subprocessor) undertakes to perform the same obligations that are imposed on the Processor under the Agreement. 
  5. The Controller will be entitled to the rights under the sub-contract directly to the subcontractor (subprocessor). The Processor will inform the Controller about the termination of the sub-contract within 3 days.
  6. The Processor ensures that subcontractors (subprocessors) to which personal data processing was further entrusted comply at least the equivalent level of Personal Data protection as the Processor. 
  7. If the subcontractors (subprocessors) entrusted with the processing of Personal Data fail to fulfil their Data Protection obligations, full responsibility towards the Administrator for the fulfillment of the obligations of these subprocessors rests with the Processor.

§ 9 – AUDIT OF THE PROCESSOR

  1. The Controller is entitled to verify if the Processor complies with the rules of Personal Data processing resulting from the Regulation 2016/679 as well as the Agreement, through the right to claim any information regarding the Personal Data.
  2. The Controller is entitled to carry out the audits or inspections of the Processor within the scope of compliance of its operations with the law and Agreement. For the audit shall be construed the Processor’s security measures analysis carried out by the Processor within the scope determined by the Controller or entity chosen by it and presentation of the report with results to the Controller within 14 days from the claim.
  3. The Processor shall immediately inform the Controller if in its opinion a command given to it infringes the Regulation 2016/679 or other legal provisions as regards personal data protection.

§ 10 – RESPONSIBILITY OF PARTIES

  1. The Processor is responsible for damages suffered by the Controller or third parties in consequence for processing the Personal Data by the Processor contrary to the Agreement. The Processor is responsible for all actions and omissions of its contractors (subprocessors) or other persons authorized by the Processor to process the Personal Data as its own actions or omissions. 
  2. In the event that as a result of a breach by the Processor of the provisions of the Agreement or applicable law (for reasons attributable to it), the Controller will be obliged to pay damages or redress, pay a fine, an administrative fine, the Processor undertakes to cover any costs that the Controller will incur or will be obliged to incur, including the costs of court and administrative court proceedings. The amount of damages or redress shall not exceed three times the monthly remuneration resulting from the Master Agreement.
  3. In the event of non-performance or improper performance of the Agreement by the Processor, the Processor undertakes to pay damages on general terms.
  4. The damages stipulated in the section 3 shall not exceed three times the monthly remuneration determined in accordance with the 100shoppers.com service agreement.

§ 11 – CESSATION ENTRUSTING PERSONAL DATA PROCESSING

  1. After the Processor finishes providing processing services, it is obliged to cease Personal Data Processing and delete all Personal Data and their existing copies from its files and IT systems, subject to paragraph 2 below. 
  2. Despite the cessation of providing the services related to the Processing of Personal Data, the Processor is entitled to process data regarding the confirmation of the service performance to the Controller, in particular records from the correspondence kept by the Processor. In addition, the Processor is entitled to retain Personal Data for the period and to the extent that the law requires the storage of personal data.
  3. For deletion of the personal data stipulated in section 1 shall be considered destroying of the Personal Data or its modification which will not allow to identify a data subject. 
  4. The data deletion shall be documented by a written statement signed by persons authorized by the Processor. The Processor undertakes to deliver the statement to the Controller within 7 days from making such request by the Controller. 
  5. The Master Agreement’s termination in whichever time and manner results in expiring of the Agreement. 
  6. The Administrator is entitled to terminate the Agreement with immediate effect in the event that:
    1. the supervisory authority determines that the Processor does not comply with the principles of personal data processing in relation to the data entrusted by the Administrator 
    2. the Controller, in result of the audit referred to in § 8 of the Agreement, finds that the Processor does not comply with the rules of Personal Data Processing in relation to the data entrusted by the Controller and the 14-day period for removing violations has expired unsuccessfully,
    3. the Processor used the Personal Data contrary to the Agreement or the provisions of the law, incorrectly processed the entrusted Personal Data despite a prior request to change the manner of its processing, or entrusted the processing of Personal Data to another entity without the Controller’s consent.

§ 12 – FINAL PROVISIONS

  1. The Agreement supersedes all prior settlement concerning personal data processing by the Administrator
  2. All changes to the Agreement requires written form otherwise being null and void. 
  3. In all issues which are not regulated by the Agreement provisions of the Act on  23 April 1964 Civil Code (unified text Dz. U. 2017 r. item 459 as amended) and Resolution 2016/679 shall be applicable.
  4. All disputes connected with the performance of the Agreement shall be resolved by courts having jurisdiction over the Administrator’s registry seat.

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