TERMS AND CONDITIONS

In these Terms and Conditions, capitalized terms will have the following meanings:

a. ITDS – means ITDS Polska sp. z o.o. with its registered seat in Warsaw, entered into the register of entrepreneurs of the National Court Register, kept by the District Court for the Capital City of Warsaw in Warsaw, XII Commercial Division of the National Court Register under number KRS: 0000586898, NIP: 7010520905, REGON: 363016333.

b. Consumer – shall mean a natural person making a legal transaction not directly connected with his/her business or professional activity.

c. Entrepreneur – means a natural person conducting a sole proprietorship or being the sole shareholder and president of the board of a limited liability company.

d. Terms and Conditions – means these terms and conditions for the use of the Website and the Services available therein.

e. Website – means the website operated by ITDS at the following address: www.itds.pl.

f. Services – means the services provided electronically by ITDS via Website.

g. Job – means a service provided electronically by ITDS via Website whereby ITDS posts recruitment information for a specific project.

h. Referral Program – IT Candidate Referral Program run by ITDS.

i. User – means an individual with full legal capacity who uses the Website.

j. GDPR – 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 repealing Directive 95/46/EC (General Data Protection Regulation).

a. ITDS enables Users to use the Website and the Services via the Website.

b. User’s use of the Website and the Services may only be on the terms and to the extent set forth in these Terms and Conditions.

c. In order for the User to use any of the Services available on the Website, it is necessary for the User to accept these Terms and Conditions by making a statement to that effect when filling out the appropriate form.

d. ITDS may contact Users who use the Services for purposes related to the performance of these Services. The contact will be carried out by telephone or electronically, using the contact details provided by the Users in the process of filling in the electronic form related to a given Service.

e. The Services are intended for both Consumers and Entrepreneurs.

a. Hardware requirements for User access to the Website

i. The minimum technical requirements to use the Website are a web browser such as Google Chrome, Apple Safari, Microsoft Edge or Mozilla Firefox, recommending the latest versions, with Javascript enabled, cookies supported, and an Internet connection. The Website is optimized for a minimum screen resolution of 320 pixels.

b. Website interruptions

i. ITDS makes every effort to ensure proper and uninterrupted functioning of the WEbsite 24 hours a day, 7 days a week. Due to the nature of the IT system of the Website, technical failures and errors may occur due to hardware or software problems, including in particular the WordPress software, for which ITDS shall not be held liable. In any case, ITDS will try to limit the negative effects of such technical problems as much as possible.

ii. In order to develop the Website and minimize the risk of failure, periodic technical interruptions are necessary during which appropriate changes are made to the IT system. ITDS will ensure that technical breaks are scheduled during the night hours and ITDS will inform the Users in advance of the date and expected duration of the break.

iii. ITDS will make the efforts to ensure that any interruption to the Website does not affect the performance of the Services.

a. Services, i.e.:

i. Referral Program and

ii. Job Search & Applications are performed by ITDS on User’s behalf electronically, via the Website or via e-mail.

Referral Program

b. As part of the Referral Program, the User, through a dedicated web form, will be able to submit a designated person to the Referral Program

c. The Referral Program is conducted on the basis of the IT Candidate Referral Program Regulations, which the User must accept before recommending an IT candidate under the Referral Program.

Job Search & Application

d. As a part of Job Search & Application, ITDS allows Users to:

i. view information regarding Jobs covered by ITDS recruitment;

ii. filter Jobs based in particular on location, salary, programming language, position, form of cooperation;

iii. select Jobs to a basket;

iv. submit recruitment documents for a single Job or Jobs selected to the basket;

v. create a CV.

e. ITDS will create the User’s resume based on the information provided by the User in the appropriate form available on the Service.

f. The User’s CVs will be used by ITDS in the recruitment process or processes, depending on the consent given by the User.

g. ITDS will notify Users of similar Jobs, which in ITDS’s opinion might match the User’s experience or expressed expectations, when recruitment for this Job opens.

Newsletter

h. Apart from the Services, a User who has provided his or her e-mail address and has given the appropriate marketing consent will receive information from ITDS via newseltter, at the e-mail
address provided, regarding ITDS, including in particular information regarding new eBooks, reports and Case Studies prepared by ITDS.

a. The data controller of the Users’ personal data, within the meaning of the GDPR, provided in connection with the use of the Website and the Services available therein, is ITDS.

b. The principles of data processing by ITDS, Users’ rights and other issues related to personal data are described in the Privacy Policy.

c. Personal data are processed, among others, in order to provide the Services, grant access to the Website, investigate complaints and handle applications sent by Users, conduct recruitment proceedings.

a. Complaints regarding the incorrect functioning and access to the Website, as well as regarding the Services, may be filed by the User in particular:

i. through a contact form available at: https://itds.pl/contact/

ii. in writing to the address ITDS: Złota 59 Street, 00-120 Warsaw;

iii. by e-mail to the address: info@ITDS.pl.

b. For Users being consumers, the methods of filing a claim set forth in the preceding paragraph are in the form of a recommendation only and shall not affect the effectiveness of claims filed in disregard of the recommended method.

c. The complaint should include contact information, a description of the facts and the request. The User may be asked to provide additional circumstances or documents if necessary to investigate the complaint.

d. ITDS will investigate the complaint within 14 days of receipt of a properly submitted complaint.

e. The User will receive the decision on the complaint electronically at the e-mail address provided or in another way, depending on the contact details provided by the User.

a. ITDS will use reasonable means to ensure the proper operation of the Website and the proper performance of the Services, as well as to protect the data contained on the Website, in accordance with these Terms and Conditions.b. ITDS is not responsible for the information provided by the User on the basis of which the User’s CV has been prepared for recruitment purposes.

c. ITDS will use reasonable measures to ensure that Jobs advertisements are up to date and accurate.

d. ITDS shall be liable for failure to perform or improper performance of the Services in accordance with applicable law.

a. Intellectual property rights, including in particular copyrights to the Website as a whole and its individual elements, including content, graphics, works, designs and signs available within it, belong to ITDS or other authorized third parties and are protected by generally applicable law. The protection granted to the Website covers all forms of its expression, regardless of the device from which it is accessed.

b. The User is entitled to use the functionalities of the Website free of charge, but only for personal use and to the extent necessary to use the Services and other functionalities of the Website. Use for any other purpose requires the prior and written consent of ITDS.

c. ITDS trademarks and other marks shall be used in accordance with applicable law.

a. The User is obliged to comply with the provisions of the Terms and Conditions.

b. When filling in electronic forms to use the Services, the User is obliged to provide true and complete data concerning him.

c. The User shall use the selected Services in a manner consistent with their intended use and in a manner that does not violate generally applicable laws or the rights of third parties.

d. It is forbidden to use the Services or the Website for activities contrary to the law or morality.

e. ITDS is entitled to block access to the Services or the Website if the User acts to the detriment of ITDS or other Users, if the User violates the law or the provisions of the Terms and Conditions, and also if blocking access to the Services or the Website is justified by security reasons – in particular by the User’s breaking through the security of the Website or other hacking activities. Blocking access to the Services or the Website for the aforementioned reasons lasts for the time necessary to solve the issue which constitutes the basis for blocking access to the Services or the Website.

a. Detailed information about the possibility of using out-of-court complaint procedures by a User who is a Consumer, concerning incorrect functioning of the Website and access to the Services, as well as about the rules of access to these procedures, are available in the offices and on the websites of district (city) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Regional Trade Inspection Inspectorates and at the following website addresses of the Office of Competition and Consumer Protection and http://www.uokik.gov.pl/wazne_adresy.php.

b. The User may obtain free assistance in resolving a dispute, also using the free assistance of district (city) consumer advocate or a social organization whose statutory tasks include consumer protection (e.g. Federation of Consumers, Polish Consumer Association).

c. The ODR platform for online dispute resolution between consumers and traders at EU level (ODR platform) is available at http://ec.europa.eu/consumers/odr. The ODR platform is an interactive and multilingual website with a one-stop-shop for consumers and businesses seeking out-of-court dispute resolution on contractual obligations arising from a contract for the provision of electronic services.

a. All disputes arising under these Terms and Conditions shall be governed by the laws of Poland.

b. ITDS reserves the right to change these Terms and Conditions.

c. Users will be informed about the content of changes to the Terms and Conditions by ITDS posting a message on the main page of the Service, containing a summary of changes to the Terms and Conditions.

d. Notification of changes to the Terms and Conditions, in the manner specified above, will be made no later than 14 (fourteen) calendar days before the amended Terms and Conditions are implemented.