Date of Last Revision: January 15, 2021

§ 1 Definitions

1. Application – the mobile application of the Service Provider used by the Service Provider to provide Clients with Services.

2. Marketplace – an online shop which the Client may use to download the Application.

3. Terms and Conditions – these terms and conditions, which also constitute the terms and conditions for the provision of electronic services, available in the Application and on the Website.

4. Services – electronic services provided by the Service Provider to Clients via the Application, such as: registration of Employees’ working time using QR codes, and optionally – taking and storing photographs of Employees.

5. Service Provider – HRnest Sp. z o.o. with its registered seat located in Gdynia, al. al. Zwycięstwa 96/98, 81-451 Gdynia, entered into the National Court Register [KRS] – Register of Entrepreneurs kept by the District Court Gdańsk-Północ in Gdańsk, KRS: 0000723806, NIP [Tax Identification Number]: 5833293000, REGON [Tax Identification Number]: 369734182, share capital: PLN 40,000.

6. Client – an entity who is not a consumer (within the meaning of the Civil Code) who concludes a contract for the provision of Services with the Service Provider and who holds an Account.

7. Dependent User – a person who belongs to the Client’s organisation and uses the Application and its functionalities in the name and on behalf of the Client; in particular a representative of the HR department or a supervisor.

8. Employee – a person cooperating with the Client; in particular an employee whose information the Client collects using the Application.

9. Account – space in the Service Provider’s ICT system – the Website, designated with an individual name (login) and password dedicated to the Client, the Dependent User or the Employee, regulated by separate terms and conditions, enabling access to data collected via the Application.

10. Website –  the Service Provider’s website available at: https://hrnest.io.

§ 2 The Service Provider’s contact details

1. Address: al. Zwycięstwa 96/98, 81-451 Gdynia

2. E-mail: support@hrnest.io

3. Phone number: +48 572 581 991 or +48 514 521 492

§ 3 General information

1. These Terms and Conditions set out the rules of providing Services by the Service Provider.

2. The Application is software which extends the Website’s functionalities and which is designed exclusively for the Clients who have an Account on the Website.

3. Detailed information about the Application is available in the Marketplace, on the Website and in the Application.

4. The Client (including the Dependent Users) must use the Application in compliance with the principles of social coexistence and in accordance with the law. Providing content of illegal nature by users of the Application is prohibited.

5. The Client is obliged to inform the Dependent Users about the rules of using the Application which apply to the activities they undertake in the Application. This applies in particular to the prohibition of providing content of illegal nature.

6. The Client is the sole controller of the Dependent Users’ and Employees’ personal data processed within the Application. The Service Provider provides the Application and is the processor of the Dependent Users’ and the Employees’ personal data on the basis of the contract for entrusting the processing of personal data which constitutes an appendix to the Terms and Conditions of the Website.

7. The Application can be accessed (and, in particular, downloaded) via a Marketplace. The Client downloads the Application pursuant to the principles governing a given Marketplace, and Services are provided via the Application in line with the principles specified in these Terms and Conditions.

8. The Employees can access their data generated when using the Application via their Account on the Website.

The photographs of Employees taken via the Application are stored in the Application and on the Website for a maximum of 3 months. The Client may delete the photographs using its Account (which has administrative rights).

§ 4 Technical Requirements

1. The Application is designed for mobile devices with the following system:

• a. Android, version 6.1.2 and later,
• b. IOS, version 13 and later.

2. The Application may be downloaded only from relevant Marketplaces, i.e.:

• a. Google Play for Android,
• b. App Store for iOS.

3. To install the Application and use all of its functionalities, the Client should:

• – have an Account,
• – have a mobile device (e.g., smartphone, tablet) with a functioning camera (the camera is necessary for taking photographs via the Application),
• – have the required amount of free space on the device on which the Application is to be installed, as indicated in the Marketplace,
• – download the Application from the Marketplace which is appropriate for the device,
• – launch the installed Application.

4. Upon installation and first launch of the Application, a contract for the provision of Services is concluded for an indefinite period of time between the Client and the Service Provider; the contract for the provision of Services cannot exceed the duration of the contract for the provision of services via the Website (in particular, the Account service). Upon termination of the contract for the provision of services via the Website, the contract for the provision of Services is terminated.

§ 5 Using the Application

1. To start using the Application, the Client should enter its login and password generated by the Client from the (administrative) Account level.

2. For some functionalities of the Application to work properly, i.e., recording the Employee’s working time, each Employee must have an individual QR code – in paper or electronic form.

3. Scanning the code is necessary for calculating the Employee’s working time (including the recording of the start of work, breaks and end of work).

4. The QR code in electronic form will be available in the Employee Account.

5. For better identification of the Employee, the Client may enable the option allowing to take a photograph of the Employee in the Application while scanning the QR code. This option is activated in two stages, i.e., firstly, it is activated in the Client’s (administrative) Account, and then activated in the Application.

6. Using the Application is free of charge.

§ 5.2 Using the Application by Dependent Users

1. A Dependent User has access to Employees’ data in the scope determined by the Client.

2. The scope of access referred to in section 1 is determined through the Client Account (with administrative rights), including by assigning an Account with an appropriate functionality (e.g., of a supervisor) to a Dependent User.

§ 6 Complaints

1. In the event of any objections to the provided Services, the Client may file a complaint using the Service Provider’s data specified in § 2 of the Terms and Conditions.

2. The Service Provider will respond to the complaint within 14 days from its receipt.

§ 7 Personal data

1. The Service Provider is the controller of the Client’s personal data. Detailed information regarding the processing of personal data by the Service Provider – including the other purposes and the basis of data processing, as well as data recipients – can be found in the Privacy Policy available on the Website and in the Marketplace – due to the transparency principle contained in the General Data Protection Regulation of the European Parliament and of the Council (EU) – “GDPR”.

2. The purpose of the processing of the Client’s data by the Service Provider, provided by the Client in connection with the Application, and in particular the services available in the Application, is to provide Services. The basis for the processing of personal data in this case is:

• a) contract for the provision of services or activities undertaken at the request of the Client aiming at its conclusion (Article 6 (1) (b) of the GDPR),
• b) the Client’s legitimate interest consisting in the processing of data for the purposes of the determining, asserting or defending legal claims (Article 6 (1) (f) of the GDPR).

3. Providing data by the Client is voluntary, however it is necessary if a contract for the provision of Services is to be concluded. Failure to provide data makes the conclusion of a contract for the provision of Services impossible.

4. The Client’s data provided in relation to Application will be processed until:

• a) a contract for the provision of Services between the Service Provider and the Client remains in force,
• b) the possibility of asserting claims related to the contract for the provision of Services by the Client or the Service Provider ceases;
• c) the Client’s objection against the processing of its personal data is accepted –data was processed based on the Service Provider’s legitimate interest
  – depending on whichever is applicable in the given case and whichever takes place later.

5. The Client is entitled to:

• a) access its personal data,
• b) change them,
• c) erase them,
• d) restrict their processing,
• e) demand the transfer of the data to a different controller,
• Furthermore, the Client has the right to:
• f) object at any time to the processing of data for reasons related to the Client’s specific situation – for reasons attributable to its particular situation – regarding the processing of its personal data in accordance with Article 6 (1) (f) of the GDPR (i.e., based on the legally justified interests performed by the controller).

6. In order to exercise its rights, the Client should contact the Service Provider using the data from § 2 of the Terms and Conditions.

7. If the Client finds that its data are being processed unlawfully, the Service Provider may submit a complaint to the President of the Personal Data Protection Office.

8. In each case where, in the course of providing the Services to the Client, the Service Provider will have access to personal data administered by the Client, this will be done on the basis of the contract for the entrustment of data processing which constitutes an appendix to the Terms and Conditions of the Website.

§ 8 Final provisions

1. Generally applicable provisions of Polish law apply to all matters not regulated by these Terms and Conditions.

2. The Service Provider solely provides a tool for managing Employees’ working time (the Application). Assessment whether the Application is appropriate for the Client, including from the formal and legal point of view, belongs exclusively to the Client, who has the full data enabling it to decide whether to use the Application, as well as its specific functionalities.

3. The Service Provider communicates with the Client in English.

4. The Service Provider reserves the right to change these Terms and Conditions only for substantial reasons. A substantial reason is understood as the need to amend these Terms and Conditions due to:

• a) adjusting the Application to the legal regulations affecting the services provided via the Application;
• b) development of the Application by adding new services or improving the existing ones.

5. Information on the planned amendments to the Terms and Conditions will be sent to the Client’s e-mail address assigned to its Account at least 14 days before the amendments come into force.

6. If the Client fails to object to the planned amendments before they enter into force, it will be deemed to have accepted it.

7. If the Client does not accept the planned amendments, the Client should remove the Application from the device. Removal of the Application from the device is tantamount to the termination of the contract for the provision of Services via the Application.

8. The relevant provisions of the Terms and Conditions of the Website apply to all matters not regulated by these Terms and Conditions.