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Terms of Service and Privacy Policy

Terms of Service

Definitions

Whenever the below capitalized terms are used herein, they shall be understood as follows:

  1. Agreement – an e-service agreement concluded between Service provider and the User on terms laid down in the T&C;
  2. Consumer – a natural person, performing with an entrepreneur a legal act unrelated directly to such person’s business or professional activity, who uses the Website;
  3. Cut-Off – temporary discontinuation of the operation of the Website or of its particular webpages or functions, required for technical reasons e.g. in connection with maintenance, retrofits or repairs of the Website;
  4. Force Majeure – any external event of an extraordinary or random nature beyond control of Service provider and of the User or which cannot be prevented by them, including riots, strikes, armed conflicts, states of emergency or natural disasters;
  5. GDPR – the Regulation 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);
  6. Personal Data – any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name and surname, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person;
  7. Processing – any operations performed on the Personal Data, such as collecting, recording, storing, structuring, altering, sharing and erasing, especially the ones performed in any IT systems;
  8. T&C – these rules applicable to the Website;
  9. Services – the services, specified in the T&C, provided by Service provider for the Users via the Website;
  10. User – the user who uses the Website;
  11. Website – the website run by Service provider under the URL address wwww.winfellas.com.

General Provisions

  1. This T&C specify terms of providing the Services, in particular rules for the Website’s operation, procedures and terms of concluding the Agreements and terms of access to the Website’s content and use thereof.
  2. To use the Website, it is necessary to accept the T&C and satisfy the requirements laid down herein.

Technical Requirements and Rules for Use of the Website

  1. In order to use the Website, the User shall have the following:
    1. a computer or mobile device (e.g. smartphone, tablet) connected to the Internet and with software allowing for access to the Website;
    2. Internet browser with JavaScript and cookies enabled. In order to ensure the highest quality of Services, the Internet browser should be updated to the latest version possible.
  2. Service provider has the right to introduce the Cut-Off. Service provider shall inform the User of any planned Cut-Offs that might affect the normal use of the Website by posting information about the planned Cut-Off on the Website.
  3. In case of the Website’s failure, Service provider shall apply best efforts to promptly restore the Website’s functionalities.

The Services

  1. Via the Website, the Service provider shall render the following Services for the Users:
    1. making the content of the Website available at the request of the User;
    2. applying for participation in recruitment processes conducted by the Service Provider via the form made available on the Website;
    3. contacting the Service provider via the form made available on the Website.
  2. The contract for the provision of Services referred to in §1.1) above between the Service provider and the User is concluded at the beginning of browsing of the content of the Website by the User and expires at the moment of ending the use of the Website.
  3. The contract for the provision of Services referred to in §1.2) and 3) above between the Service provider and the User is concluded at the beginning of start filling in the forms made available on the Website.
  4. The use of the Services referred to in §1.2) and 3) requires providing Personal data given in the form.
  5. The User is obliged in particular to:
    1. provide to the Service provider only true and current User’s data;
    2. use the Services offered by the Service provider in a manner consistent with the provisions of applicable law and without prejudice to the rights of third parties, in accordance with the provisions of this T&C, as well as the customs and rules of social coexistence adopted in this regard, in particular, not to provide illegal content.

Liability

  1. Service provider shall not be liable for:
    1. the non-performance or undue performance of the Agreement resulting from the Force Majeure;
    2. the non-performance or undue performance of any obligations under the Agreement to the extent caused by the non-performance of any obligations by the User, including but not limited to the use of the Website contrary to its purpose;
    3. any content posted on the Website by the Users, including for any breach of rights of third parties (including copyrights and author’s moral rights) in connection with such content.
  2. The liability limitations referred to herein shall not apply to the Users who are the Consumers to the extent prescribed by mandatory applicable laws.

Complaints

  1. A complaint concerning Website operation and provided Services may be filed by e-mail to the address: hello@winfellas.com
  2. In order to expedite the processing of complaint, it is recommended to provide: name, surname, e-mail address, description of a case and the request.
  3. Service provider is obliged to reply to the complaint within 30 days as of its receipt. In case of the Consumers, Service provider shall provide the User with a reply to the complaint in writing or saved on another durable medium.

Out-of-court Dispute Resolution

  1. Having exhausted the complaint procedure, the Consumer has the right to resort to out-of-court procedures for complaint resolution and pursuit of claims. The Consumer:
    1. has the right to file a request to the Consumer Court of Arbitration by the Trade Inspection to settle a dispute under the Agreement;
    2. has the right to file a request to the Regional Inspector by the Trade Inspection to instigate mediation proceedings to amicably settle a dispute between the Consumer and Service Provider;
    3. can receive gratuitous assistance as regards the resolution of a dispute between the Consumer and Service Provider, enlisting also the assistance of a local (municipal) consumer ombudsman or a public organisation that has consumer protection in its statutory obligations (e.g. the Consumers’ Association, the Polish Consumers’ Association). The Consumers’ Association provides advice under a consumer helpline number 801 440 220 and 22 290 89 16, while the Polish Consumers’ Association may be consulted via e-mail at the address: porady@dlakonsumentow.pl.
  2. The list of institutions dealing with out-of-court resolution of consumer disputes, together with a list of the types of relevant cases, may be consulted on the website of the Office of Competition and Consumer Protection at the address www.uokik.gov.pl.
  3. The Consumer may use out-of-court procedures for complaint resolution and pursuit of claims also via the ODR platform, in compliance with the Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on Consumer ODR). When wishing to exercise an option of the out-of-court dispute resolution for online purchases, the Consumer may file a complaint via the ODR, i.e. the EU online platform available at the address: https://ec.europa.eu/consumers/odr/. The ODR platform shall facilitate the independent, impartial, transparent, effective, fast and fair out-of-court resolution of disputes between consumers and traders online concerning contractual obligations stemming from online sales or service contracts between a consumer resident in the Union and a trader established in the Union.
  4. Given that the out-of-court procedures for complaint resolution and pursuit of claims are voluntary, both parties must agree thereto.

Intellectual Property Rights

  1. The User may not provide through the Website illegal content that violates the rules of social coexistence or morality, including, in particular, content of an offensive, pornographic, hateful, vulgar, false or misleading nature, containing viruses or malicious software, or violating the rights of third parties, good manners or false information detrimental to the good name of the Service provider.
  2. Service Provider is the owner of the rights to the Website, including copyrights. All technical solutions, graphic elements and other pages of the Website, in particular HTML codes, CSS sheets, JavaScript are subject to legal protection, especially from in the copyright context, which Service provider holds. The above also applies to all materials and works, which will be made available or transmitted to the Users in the provision of the Services. Making such materials available or passing them on to Users does not mean granting or transferring rights to these elements, unless something else will result from an explicit statement of the Service provider.
  3. Copying reprinting or using in any scope the materials or data available on the Website requires each time the written consent of the Service provider. In particular, it is prohibited to download, process and use the data and other information available on the Website in order to make it further available on other websites and portals, as well as outside the Internet, and in any other way violating the interest of the Service provider.

Threats

  1. As any other Internet user, the User is exposed to online threats. The main threat for each Internet user involves potential infection of their ICT system with software created mainly to cause harm, such as viruses, bugs or Trojans. In order to avoid the relevant threats, including the ones appearing at the moment of opening e-mails, the Users are recommended to install anti-virus software and firewall on their devices used in order to connect with the Website, and update such software on an ongoing basis.
  2. Furthermore, the Service provider hereby informs the Users that specific threats related to the use of the Website involve actions by hackers aiming at hacking both Service provider’s system (e.g. attacks on its sites) and the User’s system.
  3. Service provider informs the Users that it applies cutting-edge protection technologies to mitigate the risks referred to in points 1-2 above; however, it needs to be emphasized that there are no solutions available that would completely and fully protect against the described adverse actions.

Amendments to the Terms & Conditions

  1. Service provider reserves the right to amend the T&C in justified cases, and in particular in the case of:
    1. a change in technical conditions of the Website’s operation, including the ones related to technical or technological progress;
    2. a change in terms of use of software or use of devices needed to operate the Website, including the ones introduced by manufacturers or entities having rights to the software or to the devices in question;
    3. decisions or judgments affecting or potentially affecting the T&C or the Website’s operation issued by competent public bodies;
    4. the Force Majeure;
    5. formal or organizational changes with a bearing on the Website’s operation;
    6. other justified reasons.
  2. Service provider shall inform the User of any amendments to the T&C and the scope thereof by placing the consolidated text of the T&C on the Website. The amendment to the T&C shall enter into force upon the lapse of 14 days from the date of posting the text of T&C on the Website. If the User does not agree to the amendment of the T&C, the User may resign from the Services by sending resignation by e-mail to the address: hello@winfellas.com

Final Provisions

  1. This T&C shall apply from December 6, 2021.
  2. The User may not transfer any rights or obligations under these T&C to any third parties without Service provider’s consent.
  3. The performance of the T&C and Agreement shall be governed by the Polish law.
  4. Any disputes under the T&C or under the Agreements concluded with Service provider based on the T&C shall be settled by the Polish court competent for Service provider’s registered office.
  5. Points 3-4 above shall not apply to the Consumers insofar as this results from mandatory applicable laws.

Privacy Policy

General Provisions

In order to fulfil the obligations resulting from GDPR, the Service provider hereby presents to you all sufficient information about scope and legal basis of processing of your personal data, as well as Service provider’s contact details, to help you understand how your data will be processed and assure you that your data will be protected with all sufficient and effective means.

All capitalized terms in this Privacy Policy shall have the meanings given to them in the Terms & Conditions, unless otherwise stated in the Privacy Policy.

Purposes and the Legal Basis for Processing Your Personal Data

Your personal data, i.e. your name and e-mail address, will be processed for the following purposes and based on the following legal grounds:

  1. processing is necessary in order to take steps at your request prior to entering into a contract (art. 6 sec. 1 (b) GDPR), which includes:
    1. proceed your application in our recruitment process;
  2. your consent to process personal data (art. 6 sec. 1 (a) GDPR), which includes :
    1. receive and process applications via apply forms that contain information not required during recruitment process, and also for future recruitments;
  3. processing is necessary for the purposes of our legitimate interests (art. 6 sec. 1 (f) GDPR), which includes:
    1. contacting with you after you have filled the contact form available on the Website;
    2. replying to your e-mail sent to us;
    3. processing of filed complaints;
    4. taking any necessary steps connected with any possible claims due to us or against us;
    5. performing analyses and statistics that will allow us to better adapt the content and Services provided to users' needs and expectations.

Voluntary Provision of Personal Data

Providing your personal data is voluntary, but failure to provide them may prevent us from providing Services electronically via our website or answer your questions.

Recipents of Your Personal Data

Your personal data will be transferred to the public authorities, at their request and in accordance with the obligations arising from the generally applicable law.

Transferring Data Outside the European Economic Area

Your personal data will not be transferred outside the European Economic Area. The Website servers are located in Frankfurt, Germany , but tools used by Controller may transfer data to third countries.

We use Google Analytics. Google Analytics may transfer your personal data outside the European Economic Area. The basis of data transfer outside the European Economic Area are standard contractual clauses.

The Period of Storage of Your Personal Data

Your personal data will be store for no longer than necessary.

Your personal data are stored:

  1. if you have applied for the recruitment process - until the recruitment process ends;
  2. if we contact you after you fill out a contact form or send an email - until we will contact you or answer your questions, unless storing your data longer is necessary due to the establishment of cooperation or for the establishment, investigation or defense against possible claims;
  3. in case of filing a complaint - until its consideration;
  4. when processing is based on our legitimate interest - as long as our interest exists or until you object. However, Personal data will be stored until the statute of limitations for potential claims under the law;
  5. to the extent that we process your data on the basis of your consent, we will store your data until you withdraw your consent to the processing of Personal data. Withdrawal of consent does not affect the lawfulness of the processing of personal data carried out before the withdrawal of your consent . However, data processed on the basis of consent to participate in future recruitments will not be kept longer than one year.

Your Rights Related to the Processing of Personal Data

Pursuant to GDPR you have the following rights related to the processing of your personal data:

  • the right to access your personal data (art. 15 of the GDPR),
  • the right to request the rectification of your personal data (art. 16 of the GDPR),
  • the right to request the deletion of your personal data (art. 17 of the GDPR),
  • the right to request the restriction of the processing of your personal data (art. 18 of the GDPR),
  • the right to transfer your personal data, i.e. the right to receive your personal data from me, in a structured, commonly used, machine-readable IT format; you can send this data to another data controller or request that I send your data to another controller, however, I will only do this if such a message is technically possible (art. 20 GDPR),
  • the right to object to the processing of your data on the basis of our legitimate interest, which is not overriding your interest or your rights and freedoms, and the right to object to the processing of your data for direct marketing purposes (art. 21 of the GDPR).

To exercise the abovementioned rights, please contact us by e-mail: hello@winfellas.com

You also have the right to lodge a complaint with the supervisory body dealing with the protection of personal data, i.e. the President of the Office for Personal Data Protection (Article 77 GDPR).

Cookies

Cookies are small files sent to your web browser that allow to read certain information from your device, e.g. whether you are using a computer or smartphone, which allows software to display you respectively a computer or a mobile version. These files do not interfere with the functioning of your device in any way.

What Cookies Are Used and for Which Purposes?

The following types of cookies are used on the Website:

  • “session” cookies which are temporary files that are stored in the User's terminal device until the User leaves the Website or turns off the web browser;
  • “persistent” cookies which are stored in the User's terminal device for the time specified in the parameters of cookies or until the User removes them;
  • “first party” cookies are the cookies placed directly by the Service provider;
  • “third-party” cookies are the cookies placed by external parties, for example Google Analytics;
  • "necessary" cookies that enable the use of services available as part of the website pages, e.g. authentication cookies used for services that require authentication on the website, cookies that are used to ensure security, e.g. used to detect fraud in the field of authentication,
  • "analytical" cookies that enable the collection of information on the use of the Website for statistical and analytical purposes. By using analytical cookies we create aggregate statistics and analyses that help us understand how our Website is used,
  • "functional" cookies, which allow you to remember the settings of the website selected by the user and personalize the interface, e.g. in terms of the selected language or region, font size, website appearance, etc.

How Can You Disable Cookies?

You can adjust the scope in which cookies are used on your device by yourself. You can do this by changing your browser settings. Remember, however, that many of the cookies are crucial for the proper display of the Website and the content displayed on it, so blocking such cookies may disrupt the use of Services.

Detailed information on disabling cookies in individual browsers can be found by clicking on the appropriate browser below (when clicked, you will be redirected to another page):

Google Analytics Tool

The Website uses the "Google Analytics" service provided by Google Ireland Ltd. (Gordon House, 4 Barrow Street, Dublin, Ireland) to analyze the use of the Website by Users. The service uses text files stored on your device. It is used on the basis of our legitimate interest within the meaning of Article 6(1)(f) of the GDPR, in order to learn about the Users of the Website and to optimize our offer for those Users (marketing and optimization purposes).

You may also prevent the collection of data generated by cookies and related to your use of the Website (including your IP address) to Google and the processing of this data by Google by installing a plug-in provided by Google (when you click on the link, you will be redirected to an external website): https://tools.google.com/dlpage/gaoptout?hl=en .

Due to the location of Google's servers outside the EEA, it is possible that data may be transferred to third countries. As an appropriate safeguard, the standard contractual clauses pursuant to Article 46 GDPR apply.

For more information on how Google uses user data, see here.

Links to Other Websites

On the Website you can find external links allowing you to directly reach other websites. Each of the providers specifies the rules of using cookies in their privacy policy, therefore, for security reasons, we recommend that you read the document concerning their privacy policy before using such websites.

Privacy Policy Changes

In order to ensure that the information provided complies with current legal requirements, we reserve the right to change the Privacy Policy at any time. The reservation also applies to cases when data protection information must be adjusted due to new or changed services and functionalities offered by the website. The change of this Privacy Policy will be made by placing a new text on the website, which will come into force automatically on your next visit to our website.

Data Processing

Contact Form Personal Data Processing Information

By clicking on the "Send message" button you send us your personal data, which will be processed in order to answer your question. For more information on the processing of your personal data, see the Privacy Policy.