This document (hereinafter referred to also as: ‘Regulations’) specifies the detailed principles for the provision of the service: ‘MODIVO Career Site Newsletter’ by MODIVO S.A., with its registered office in Zielona Góra, ul. Nowy Kisielin – Nowa 9, 66-002 Zielona Góra (which is also the address for deliveries), entered in the Register of Entrepreneurs of the National Court Register kept by the District Court in Zielona Góra, 8th Commercial Division of the National Court Register, under National Court Register (KRS) number 0000541722, Tax Identification Number (NIP) 929-13-53-356, Waste Database (BDO) number 000031285, Statistical Number (REGON) 970569861, with fully paid share capital in the amount of PLN 2,008,001.00, e-mail address: firstname.lastname@example.org (hereinafter referred to also as: ‘Service Provider’). The Regulations constitute the regulations determined in art. 8 of the Electronic Service Provision Act of 18 July 2002 (Journal of Laws No. 144, item 1204, as amended).
MODIVO Career Site Newsletter service may be used by a natural person or by a legal person acting through an authorised person or by an unincorporated body granted with legal capacity by the Act, having also the full capacity to perform acts in law (hereinafter referred to also as: ‘Service Recipient’). In case when the Service Recipient is a natural person with limited capacity to perform acts in law, they undertake to obtain legally effective consent of their statutory representative for the conclusion of MODIVO Career Site Newsletter Service Agreement (hereinafter referred to also as: ‘Agreement’), as well as to present such consent upon each request of the Service Provider, while as a rule, the Agreement has the nature of an agreement that is commonly concluded on minor ongoing everyday life affairs. The Service Provider shall not collect any fees for the provision of the MODIVO Career Site Newsletter from the Service Recipients.
PRINCIPLES FOR USE OF MODIVO CAREER SITE NEWSLETTER SERVICE
MODIVO Career Site Newsletter service, provided by the Service Provider upon the request of the Service Recipient after the Agreement conclusion, includes receipt of notifications of job offers posted on the website www.praca.modivo.pl (hereinafter referred to also as: ‘Service’), which correspond to the location and to the keywords determined by the Service Recipient in the form upon signing up for MODIVO Career Site Newsletter, by the Service Recipients who have provided the Service Provider with their e-mail address.
Use of MODIVO Career Site Newsletter service shall be possible solely after completion of all subsequent steps by the Service Recipient:
provision of their e-mail address for the purposes of sending notifications, entering at least one keyword (tag) and locations, which the received job offers are to be connected with, in the relevant field of the pop-up window in the Service;
acceptance of the provisions of these Regulations by checking the relevant checkbox in the relevant field of the pop-up window in the Service;
clicking of the activation link confirming the will to receive notifications, sent by the Service Provider to the e-mail address provided by the Service Recipient (moment of commencement of MODIVO Career Site Newsletter service provision).
MODIVO Career Site Newsletter service shall be provided for an indefinite time.
The Service Recipient shall be, in particular, obliged to provide the Service Provider solely with true, up to date and all necessary data of the Service Recipient, as well as to use the services offered by the Service Provider in a manner that is compliant with the provisions of the applicable law, with the provisions hereof, as well as with the customs and rules of social coexistence adopted in this field, in particular, not delivering any illegal content, as well as in a manner that does not violate any third-party rights.
The Service Provider reserves the right that within the performance of MODIVO Career Site Newsletter service, the Service Recipient shall not have the possibility to change/complement the data indicated in the sign-up form. When the Service Recipient wants to modify the e-mail address for receipt of notifications or the indicated keywords responsible for the selection of notifications or the selected location, he/she shall be required to opt out of the previous notifications via the dedicated notification opt-out link included at the end of every e-mail sent within MODIVO Career Site Newsletter and to sign up for MODIVO Career Site Newsletter again according to the principles determined in point II.2 above, with consideration of his/her new notification preferences.
Use of MODIVO Career Site Newsletter as a service provided electronically is connected with the typical threats relating to data provision via the Internet, such as: dissemination of the data of the Service Recipient, obtaining of access thereto by non-authorised persons, or loss thereof. The Service Provider and the Service Recipient shall be obliged to take actions aimed at minimisation of these risks.
PERSONAL DATA PROTECTION
The personal data of the Service Recipient shall be processed by the Service Provider as the personal data controller for the purposes of provision of MODIVO Career Site Newsletter service.
Provision of the personal data by the Service Recipient shall be voluntary yet necessary in order to use MODIVO Career Site Newsletter as a service.
The Service Recipient shall have the right to access their personal data, including to request the provision of a copy thereof, to request rectification, restriction of processing or erasure of their data, as well as to opt out of MODIVO Career Site Newsletter, and the Service Recipient shall, moreover, have the right to personal data portability (e.g. to move the data to another controller in the case when the personal data is processed in an automated manner and the processing is carried out on the basis of a consent or on the basis of necessity for the performance of an agreement). The Service Recipient shall also have the right to lodge a complaint to the President of the Personal Data Protection Office.
Additional information on personal data protection is contained in the information clause available within the Service.
Exclusive rights to all elements, including works in the meaning of the Copyright and Related Rights Act of 04 February 1994 (Journal of Laws No. 24, item 83, as amended), made available by the Service Provider, in particular, copyright, shall be vested to the Service Provider or to the entities, which the Service Provider has concluded relevant agreements with. The Service Recipient shall be entitled to use the contents determined above free of charge, solely in the scope of his/her own personal use and solely for the purposes of correct use of MODIVO Career Site Newsletter, all over the world. Use of the contents determined above in another scope shall be acceptable solely on the basis of express prior consent granted by an entity authorised thereto in written form under the pain of nullity.
The Service Recipient may report their objections connected with MODIVO Career Site Newsletter service in the form of a complaint.
The Service Provider shall take a standpoint on the complaint immediately, not later than within 30 days from the date of its lodging.
Complaints connected with the provision of MODIVO Career Site Newsletter service may be lodged, for example, in writing to the address: ul. Nowy Kisielin - Nowa 9, 66-002 Zielona Góra, or to the e-mail address: [email@example.com].
In order to accelerate the examination of the complaint, we request identification of the Service Recipient (first name, surname, and e-mail address, which were provided upon signing up for the MODIVO Career Site Newsletter service/contact data of the person lodging the complaint) and the subject of the complaint, as well as a description of the circumstances justifying the complaint.
The Service Provider and its employees authorised representatives and attorneys-in-fact shall not be liable towards the Service Recipient not being a consumer, its subcontractors, employees, authorised representatives and/or attorneys-in-fact for any losses, including lost profits unless the loss has been caused by them intentionally. In each case of ascertainment of liability of the Service Provider, its employees, authorised representatives and/or attorneys-in-fact, this liability towards the Service Recipient not being a consumer, regardless of its legal basis, shall be limited - both within a single claim and for all claims in total – to the amount of five hundred zloty.
TERMINATION OF THE AGREEMENT AND AMENDMENT OF THE REGULATIONS
The Service Recipient shall have the possibility to opt out of MODIVO Career Site Newsletter service (to resign from the service) at any time and without determination of the reason, in particular, through clicking the deactivation link found in every e-mail sent to the Service Recipient within MODIVO Career Site Newsletter service.
The Service Provider may at any time terminate the Agreement with one-month notice for important reasons understood as (closed catalogue):
change of the legal provisions governing electronic service provision by the Service Provider, affecting the mutual rights and obligations determined in the Agreement, or change of interpretation of the legal provisions determined above as a result of court rulings or decisions, recommendations, or orders of offices or bodies that are competent in the given field;
change of the manner of service provision caused by technical or technological reasons (in particular, an update of the technical requirements determined herein);
change of the scope of the provision of the services which the provisions hereof apply to through the introduction of new, modification, or withdrawal of the previous functionalities or services covered by the Regulations by the Service Provider.
The Service Provider shall send its representation in the scope determined in section 2 above to the e-mail address provided by the Service Recipient while signing up for the MODIVO Career Site Newsletter service.
The Service Provider may terminate the Agreement to the Service Recipient with seven-day notice or refuse them further right to use MODIVO Career Site Newsletter service, as well as limit their access to a part or the entirety of the contents determined in point IV above for important reasons, i.e. in case of gross violation of these Regulations by the Service Recipient, i.e. in the situations when the Service Recipient violates the provisions of point II.4 of the Regulations (closed catalogue).
The Service Provider may amend these Regulations in case of the occurrence of at least one of the reasons determined in point VI.2 above.
In case of amendment of the Regulations, the Service Provider shall make the consolidated text of the Regulations available through publishing them within the Service, as well as by means of an e-mail sent to the e-mail address determined by the Service Recipient while signing up for MODIVO Career Site Newsletter service.
The amendment of the Regulations shall enter into force upon the expiry of the period of 14 days from the date of sending the information on the amendment to the e-mail address determined in point VI.6 above. The Service Recipient shall have the right to terminate the Agreement within 14 days from the date of being notified of the amendment of the Regulations.
These Regulations are also available at the address: [_] and shall apply as of __/__/2022.
The Agreement shall be concluded in Polish.
Recording, protection, and communication of material provisions of the concluded Agreement shall be performed by sending of an e-mail to the e-mail address determined by the Service Recipient while signing up for the MODIVO Career Site Newsletter service.
The governing law for the Agreement shall be the law of the Republic of Poland and the competent courts shall be common courts in the Republic of Poland unless it results otherwise from the mandatory rules of law.