MOBILE APPLICATION TERMS AND CONDITIONS

VOCATIO

Terms and conditions outline the terms of using the application and how the Administrator handles users' personal data. The terms and conditions incorporate the privacy policy.

§ 1

GENERAL PROVISIONS

1. Pursuant to Art. 8 section 1 point 1 of the Act of July 18, 2002 on the provision of electronic services, JID SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ entered in the Register of Entrepreneurs kept by the District Court in Szczecin-Centrum w Szczecinie, 13th Commercial Division of the National Court Register under the number KRS: 0001046420, principal place of business: ul. Władysława Łokietka 5/2, 70-256 Szczecin, Poland, tax identification number NIP: 8522696387, statistical number REGON: 525808885, email address: jidvoc@gmail.com, telephone number: +48730670241, (hereinafter referred to as the "Operator") hereby establishes Mobile Application Terms and Conditions (hereinafter referred to as the "Terms and Conditions"), which regulate the rules for using the Operator's mobile application called "Vocatio" (hereinafter referred to as "Mobile Application").

2. The Mobile Application and the services provided within it constitute a digital service within the meaning of the Act on Consumer Rights of 30 May 2014, and the content provided in the Application constitutes digital content within the meaning of this Act

3. The User of the Mobile Application within the meaning of the Terms and Conditions is a natural person who uses the Mobile Application and its functionalities through his device (hereinafter: "User")

4. The Mobile Application aims to facilitate contact between its Users by:

   1. calling other Users with Mobile Applications (from the contact list on the User's device),

   2. displaying and setting the User's availability schedules in which they can make a phone call,

   3. displaying and setting test statuses.

5. The list of contacts located and saved on the User's device is saved on the Application servers, provided that the User consents to this operation by the Operator.

6. The User has the option of setting up an account (hereinafter: "Profile, Account") in the Mobile Application.

7. To all matters not settled herein the following provisions of law shall apply:

   1. Civil Code,

   2. Act on Rendering Electronic Services of 18 July, 2002 

   3. Act on Consumer Rights of 30 May, 2014

   4. Act on Copyright and Related Rights of 4 February, 1994. 

   5. and other relevant provisions of Polish law.

§ 2

TYPES OF ELECTRONIC SERVICES

1. The Operator, on the basis of these Terms and Conditions, provides the following Electronic Services as part of the Mobile Application (hereinafter referred to as "Services"):

2. setting up and maintaining a Profile, i.e. marked with an individual name (login) and a confidential password of the User, in which the User's data is collected. A prerequisite for creating an account is to read and accept the Terms and Conditions of the Mobile Application

2. Provision of Services to Users of the Mobile Application takes place under the conditions set out in the Terms and Conditions.

3. As part of using the Mobile Application, the User has the right to place data in it under the terms set out in these Terms and Conditions and commonly applicable legal provisions.

4. Keeping an Account in the Mobile Application is free of charge. In order to set up an Account in the Mobile Application, the User must complete the registration form available in the Mobile Application. When registering an Account, the User is obliged to provide an e-mail address, telephone number and password.

5. The contract for the provision of electronic services consisting in maintaining an Account in the Mobile Application is concluded for an indefinite period. The conclusion of the contract takes place when the User sends the completed registration form.

6. The User is obliged to:

   1. providing truthful, accurate and up-to-date and not misleading data,

   2. keep the password for logging in to the Mobile Application secret and not to disclose it to third parties,

   3. immediately notify the Operator of any violation of its rights in connection with the use of the Mobile Application,

   4. upload only such content to which he has copyright or that can be shared with third parties,

   5. publishing content in accordance with Polish law, including not publishing sensitive content such as someone's personal data or pedophile content,

   6. comply with the rules of good manners and not publish content that is offensive, discriminatory or infringes the rights of other users of the Mobile Application.

7. The Mobile Application in the latest available version can be downloaded by the User from the online store: Google Play (for Android) or in the AppStore (for IOS).

§ 3

CONDITIONS OF THE AGREEMENT FOR
THE PROVISION OF DIGITAL SERVICES AND DIGITAL CONTENT

1. The User's use of the Services offered through the Mobile Application is possible only after its installation on the appropriate electronic device (in accordance with the requirements set out in § 6 of the Terms and Conditions).

2. Installing the Mobile Application on the User's device and accepting the Terms and Conditions is tantamount to concluding a contract with the Operator for the provision of a digital service.

3. The contract for the provision of a digital service consisting in the use of the Mobile Application and the provision of digital content related to the Mobile Application is concluded for an indefinite period.

4. Right to withdraw from a distance contract:

   1. A User who is also a consumer who has concluded a distance contract may withdraw from it without giving reasons by submitting a relevant statement within 14 days. In the event of withdrawal from the contract, the contract is considered void,

   2. the fourteen-day period in which the User who is a consumer may withdraw from the contract is counted for services from the date of conclusion of the contract,

   3. The consumer is not entitled to withdraw from the contract:

5. in the case of a contract for the supply of digital content that is not recorded on a tangible medium, if the performance of the service began with the express consent of the consumer before the deadline to withdraw from the contract and after informing him by the Operator about the loss of the right to withdraw from the contract,

6. in the case of contracts for the provision of services, if the Operator has fully performed the service with the express consent of the consumer, who was informed before the commencement of the service that after its fulfillment by the Operator, he will lose the right to withdraw from the contract,

4. after the User withdraws from the contract, the Operator may not use content other than personal data provided or generated by the User when using the digital service or digital content, except for content that:

1. they are useful only in connection with the digital service or digital content that was the subject of the contract,

2. relate only to the User's activity while using the digital service or digital content that was the subject of the contract,

3. have been combined by the Operator with other data and cannot be separated without excessive difficulties,

4. were created by the User together with other Users who can still use them.

5. In the event of withdrawal from the contract, the Operator may prevent the User from further use of digital services or digital content, in particular by preventing the User from accessing digital services or digital content or blocking the User Profile.

6. The Operator manages the Mobile Application, is responsible for its functioning and development, has the right to modify, share, delete and make decisions regarding its further development. So the operator can:

   1. manage the Mobile Application database and ensure its security,

   2. monitor the operation of the Mobile Application and its elements

   3. answer Users' questions and solve problems related to the functioning of the Mobile Application,

   4. set the conditions for using the Mobile Application and its functionalities,

   5. carry out activities related to marketing and promotion of the Mobile Application,

   6. provide information about the Mobile Application to Users and other interested persons,

   7. set fees for using the Mobile Application or its selected parts,

   8. change the Terms and Conditions of the Application at any time, unless it violates the rights of Users.

§ 4

TERMS OF TERMINATION OF AGREEMENTS

1. A contract of a continuous and indefinite nature (use of the Mobile Application, maintenance of the Account) may be terminated.

2. The User may terminate the agreement with immediate effect and without giving reasons by sending a relevant statement via e-mail to the following address: jidvoc@gmail.com or deleting the Account, which is tantamount to termination of the agreement.

3. The Operator may terminate the contract of a continuous and indefinite nature in the event of violations by the User towards the Operator, after an ineffective prior request to cease violations with an appropriate deadline. In this case, the contract expires after 3 days from the date of submitting a declaration of will to terminate it (notice period).

4. Termination leads to termination of the legal relationship with effect for the future.

5. The Operator and the User may terminate the contract for the provision of a continuous and indefinite service at any time by agreement of the parties.

§ 5

INTELLECTUAL PROPERTY

1. By accepting these Terms and Conditions the User acknowledges that the Operator is the sole owner of all Mobile Application content, including all applicable copyrights and trademarks not covered by other provisions or license agreements, and that this content is protected by law, in particular by the Act of 4 February, 1994 on Copyright and Related Rights.

2. The exploitation of these intellectual property rights or the Electronic Services available through the Mobile Application for purposes other than those specified herein is strictly prohibited. The User assumes full responsibility and liability for any damage to the Operator resulting from using the Operator’s rights to the company or trademarks without the consent of the Operator or contrary to these Terms and Conditions.

3. The sending of digital content by Users as part of the Mobile Application is tantamount to a declaration by these entities that they have the appropriate rights to publish a given material.

4. The User, by sending materials and digital content to the Mobile Application, bears sole responsibility for infringement of proprietary copyrights and related rights as well as personal rights of third parties in this respect, and in the event of any person making any claims or demands against the Operator in this respect, I undertake to release him from any liability and to fully satisfy the claims of third parties in this regard.

§ 6

SYSTEM REQUIREMENTS

1. In order to use the Mobile Application properly, the following is required:

   1. having a mobile device with Internet access (e.g. smartphone, tablet)

   2. Android 9 or newer or iOS 13 or newer operating system correctly installed on the mobile device.

   3. downloading the Mobile Application to a device that meets the requirements indicated in points 1.2 and 1.3 of this paragraph.

2. The costs of connecting to the Internet are charged to the User, in accordance with the agreements concluded by him with the telecommunications operator.

3. The Mobile Application is fully functional and compatible with the operating systems listed in point 1.

4. Downloading, installing and using the Mobile Application from sources other than those indicated in the Terms and Conditions constitutes its violation.

5. The Operator informs the User (throughout the entire period of using the Mobile Application by the User) about the available updates of the Mobile Application and the consequences of not installing them.

6. The User is obliged to install updates provided by the Operator within a reasonable time. Failure to install the update by the User in accordance with the instructions provided by the Operator and after informing him of the consequences of not installing the update, results in the exclusion of the Operator's liability for the non-compliance of the provided Mobile Application and the digital content and digital services contained therein with the contract.

§ 7

TERMS OF PERSONAL DATA MANAGEMENT

1. The Data Controller for the processing of data collected through the Mobile Application Vocatio is Operator.

2. Personal data collected by the Data Controller via the Mobile Application are processed in accordance with the 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/WE (General Data Protection Regulation), hereinafter referred to as the GDPR.

3. Using the Mobile Application and concluding contracts for the provision of electronic services via the Mobile Application (which involves the need to provide personal data) is completely voluntary. The data subject independently decides whether he/she wants to start using the services provided electronically by the Operator. Users' personal data is collected on the basis of art. 6 clause 1 lit. b GDPR (performance of the contract for the provision of electronic services).

4. In order to use the Services described in Chapter II of these Terms and Conditions, it is required to obtain the following User's personal data: E-mail address, telephone number and name of the User.

5. If the Data Subject has given a separate consent to such processing (Article 6 (1) (a) GDPR) his/her personal data may be processed for the purpose of sending electronic marketing messages or for direct marketing via telephone – in accordance with Article 10 section 2 of the Act on the Provision of Electronic Services of 18 July 2002 or Article 172, section 1 of the Telecommunications Law Act of 16 July 2004, including profiled marketing communications if the Data Subject has consented to receive such communications.

6. All data is entered into the Mobile Application by Users. The User bears full responsibility for the correctness, scope, completeness, content and compliance of the entered data with the law. 

7. The Operator will process personal data for the purpose of providing services related to the use of the Mobile Application. 

8. Users' personal data are stored by the Operator:

   1. when the performance of the agreement is the basis for data processing, as long as it is necessary to perform the agreement, and after that time for a period corresponding to the period of limitation of claims. Unless a special provision provides otherwise, the limitation period is six years, and for claims for periodic benefits and claims related to business activity - three years;

   2. when the consent is the basis for data processing, as long as the consent is not revoked, and after revoking the consent for a period of time corresponding to the period of limitation of claims that may be raised by the Operator and which may be raised against him. Unless a special provision provides otherwise, the limitation period is six years, and for claims for periodic benefits and claims related to business activity - three years.

9. When using the Mobile Application, additional information may be downloaded, in particular: the IP address assigned to the User's device or the external IP address of the Internet provider, domain name, type of browser, access time, type of operating system.

10. Every User has a right to access and/or rectify his/her personal data as well as the right to erasure, the right to restrict processing, the right to data portability, the right to object to processing and the right to withdraw consent at any time without affecting the lawfulness of processing based on consent before its withdrawal.

11. Legal basis for data subjects’ rights:

12. Access to personal data – Article 15 of the GDPR

13. Rectification of personal data – Article 16 of the GDPR,

14. Erasure of personal data (right to be forgotten) - Article 17 of the GDPR,

15. Restriction of data processing – Article 18 of the GDPR,

16. Data portability – Article 20 of the GDPR,

17. Objection to processing – Article 21 of the GDPR,

18. Withdrawal of consent to processing – Article 7 (3) of the GDPR.

12. The User may exercise his rights under point 11 by sending an email message to: jidvoc@gmail.com

13. The Operator uses technical and organizational measures to ensure the protection of processed personal data appropriate to the threats and categories of protected data, and in particular protects the data against disclosure to unauthorized persons, use by an unauthorized person, processing in violation of applicable laws, as well as change, loss,  corruption or destruction.

14. Mobile Application uses “cookies”. “Cookies” are essential for the proper provision of electronic services via Mobile Application. They also give the opportunity to develop general statistics of the Mobile Application.

15. The Mobile Application uses two main types of cookies: “session” cookies and “persistent” cookies.

    1. “Session” cookies are temporary files which are stored on the User’s end-device until they log out (leave the Mobile Application). 

    2.  “Persistent” cookies remain stored on the User’s end-device until deleted manually or automatically after a set period of time.

16. This information does not record specific personal data, but is used to the sole purpose of compiling statistics on the use of the Mobile Application.

17. Users' personal data are transferred to service providers with whom the Operator cooperates in order to provide the services of the Mobile Application. Service providers to whom personal data are transferred, depending on contractual arrangements and circumstances, are either subject to the Operator’s instructions as to the purposes and methods of processing this data (processing entities) or define the purposes and methods of their processing (administrators). 

18. If the data subject considers that, in connection with personal data relating to him or her, there is an infringement of the GDPR, the data subject may make a complaint to the President of the Personal Data Protection Office.

§ 8

OBLIGATIONS AND LIABILITY OF THE OPERATOR

1. The Operator shall provide the Electronic Services set out in the Agreement with reasonable skill, care and diligence and shall remain liable in the event of a default.

2. The Operator is not responsible for non-performance or improper performance of mutually contracted obligations between Mobile Application Users.

3. The Operator is not responsible for the information transferred in the Mobile Application between Users and does not ensure their complete security.

4. The User using the Mobile Application's services is responsible for his own unlawful actions. Their legal guardians are responsible for the actions of persons who do not have full legal capacity.

5. Each User is obliged to ensure that the data included in the Mobile Application are complete and up-to-date and presented with due diligence, taking into account the existing factual and legal circumstances, within the limits permitted by law.

§9

COMPLAINTS PROCEDURE

1. The Operator is responsible for the lack of compliance of the digital service and digital content under the Act on Consumer Rights of 30 May 2014.

2. The User has the right to submit a complaint in matters related to the use of the Mobile Application in the manner provided for in this chapter and in accordance with the provisions of the Act on Consumer Rights of May 30, 2014.

3. Grievances or complaints may be submitted via email to jidvoc@gmail.com or in writing to the headquarters of the Operator in a manner enabling identification of the person lodging the complaint or complaint.

4. The Complaint should contain the following data:

5. First name and last name,

6. E-mail address,

7. Description of the problem to which the complaint relates.

5. The Operator shall make its best endeavours to address a complaint within 14 days of its receipt. The Operator shall promptly deal with the User’s complaint through email or letter sent to the address for correspondence provided by the User.

6. If the User's complaint is accepted, the Operator brings the digital service it provides into compliance with the contract at its own expense.

7. The User is obliged to cooperate with the Operator in order to determine whether the lack of compliance of the digital service or digital content with the contract results from the characteristics of the User's digital environment.

§ 10

REPORTING VIOLATIONS

1. Reports of infringement of copyrights, trademarks or other intellectual property rights may be submitted to the Operator at the following e-mail address: jidvoc@gmail.com

2. The Operator is entitled to take appropriate action against the User who violates it, including blocking or suspending his Account.

§ 11

FINAL PROVISIONS

1. The User may stop using the services offered by the Operator in accordance with the Terms and Conditions at any time by removing the Mobile Application from the device on which the Mobile Application has been installed.

2. Deleting the Mobile Application does not simultaneously delete the Account

3. It is forbidden for the User to provide illegal content using the Mobile Application.

4. The Operator reserves the right to make changes to the digital service or digital content - if it is provided continuously or in parts - due to or in order to

   1. improving existing and adding new functionalities to it,

   2. improving the graphic appearance of the Mobile Application,

   3. changes in applicable law or decisions issued by the relevant authorities, resulting in the need to change them,

   4. reasons caused by force majeure,

   5. reasons caused by organizational changes at the Operator.

5. The changes referred to in point 4 do not cause any costs for the Users. If the introduced change affects the User's access to and use of digital content or digital service, the Operator informs the User about it in advance and by sending information on a durable medium about:

   1. the date of making the change,

   2. change properties,

   3. the right to terminate the contract without observing the notice period within 30 days from the date of making the change or informing about this change, if the notification took place later than this change.

6. The Operator is released from the obligation referred to in point 5 of this chapter, if it has provided the User with the right to keep the digital content or digital service unchanged without any additional costs.

7. The Terms and Conditions in this wording apply from 17.08.2023

8. The Terms and Conditions are available in the Mobile Application.

9. Any disputes arising between the Operator and the Users will be settled in the first place through negotiations, with the intention of amicable settlement of the dispute, taking into account the Act on out-of-court resolution of consumer disputes. However, if this would not be possible or would be unsatisfactory for either party, disputes will be resolved by a competent common court.