Regulations
§ 1 Definitions
GLOSSA – GLOSSA Digital Publishing limited liability company with a registered office in Krakow, Dietla Street 103/1, KRS: 0000339255, NIP: 6762408748, REGON: 121046563, e-mail: e-coursebook@glossa.pl, which is a service provider within the meaning of the Act
Terms and Conditions – these Terms and Conditions for the use of the Platform and the provision of Services by electronic means in accordance with the requirements of the Act, constituting a model contract within the meaning of art. 384 et seq. of the Civil Code.
Publisher – User of the Platform that is an entrepreneur registered on the GLOSSA Platform and that carries out publishing, editorial, or editorial activity, or a legal entity represented by a Platform User that is an authorized representative of a Publisher acting on behalf of and for the benefit of the Publisher, intending to use the Services available on the Platform to digitize printed textbooks and educational materials or to create e-coursebooks and digital materials and make them available (including sale); the present Rules and the Rules for the Publisher shall apply to the Publisher and the Users acting on its behalf.
Platform – web-based application available at e-school.eu and e-coursebook.eu administered by GLOSSA offering, in particular: tools for the creation of digital materials, digitization of textbooks and printed materials; making available (including sale) of e-coursebooks and digital materials to Students or Teachers; conducting online lessons using e-coursebooks;
e-coursebook – an interactive textbook, which is a logically structured collection of Materials, designed to follow a specific course of study/thematic course; an e-coursebook can be designed for use by the Student or the Teacher;
Materials – all educational materials available and possible to create on the Platform, including e-coursebooks or parts thereof, lessons, fiches, exercises, and tests; Materials are divided into Elements including: exercise, text, dialogue, commentary, graphics, multimedia file, etc. and Objects – which are Materials composed of two or more Elements including: test, set of fiches, set of exercises, lesson, e-coursebook
Activation Code – a specially marked, individualized sequence of characters, possible to be generated by the Publisher through the Publisher’s Account on the Platform, placed by the Publisher inside a textbook (or other publication) of the Publisher in a printed version or provided to the purchaser (in particular to a Student/Teacher) individually in another way, authorizing the use of a given ebook for which an Activation Code was generated; a User may also purchase an Activation Code in the GLOSSA online shop on the Platform.
Contract with a Publisher – a contract for the provision of Digitisation Services concluded between GLOSSA and a Publisher under the terms and conditions specified in the Terms and Conditions for the Publisher; a Contract with a Publisher may only be concluded by entities conducting a business;
Student/Teacher Agreement – an agreement between the Publisher and the Student/Teacher for the provision of e-coursebooks by the Publisher for a fee or free of charge,
Services – the services provided by GLOSSA electronically, i.e. entirely by means of a telecommunications network, including the Digitisation Services
Act – Act of 18 July 2002 on the provision of services by electronic means (i.e. Dz. U. of 2020, item. 344 as amended).
User – any natural person using the Platform and the Services, including any person acting on behalf of the Publishers, Student, Teacher; persons without legal capacity or with limited legal capacity may be Users if they obtain the consent of their legal representative or guardian to use the Platform and its functionalities and Services.
Teacher – User of the Platform who creates Materials or uses Materials in particular for the purpose of conducting educational activities with Students, being a party to the Agreement with the Teacher;
Student – User of the Platform who uses the Materials for the purpose of self-study or participation in educational activities conducted by a Teacher, who is a party to the Student Agreement;
§ 2 General provisions
1. The idea of GLOSSA is to enable the Publisher to publish interactive digital Materials, in particular e-coursebooks, and to provide (including the sale of) e-coursebooks through the Platform based on Agreements with Teachers/Students. For the Services provided, GLOSSA shall receive remuneration in accordance with these Regulations.
2. The Regulations set out:
a) the types, scope, and principles of GLOSSA’s provision of Services via the Platform, including the technical requirements necessary for cooperation with the ICT system used by GLOSSA,
b) terms and conditions for the conclusion and termination of contracts for the provision of the Services,
c) rules for the use of the Services by Users, including the Publisher,
d) complaint procedure.
3. The Terms and Conditions are available free of charge on the Platform, in a form that allows each Platform User to view and record them.
4. It is the Platform User’s responsibility to read the Terms and Conditions before using the Services, to accept the Terms and Conditions, and to comply with their provisions. By starting to use the Services, the User accepts the Terms of Use.
5. The User is solely responsible for the content he/she creates, publishes, and transmits, including Materials and the names, descriptions, or logos of the User’s account. It is forbidden for the User to provide, share, or upload content of an unlawful or hurtful nature, spreading hatred and encouraging violence, in particular against persons or groups of persons due to race, ethnic origin, religion, gender, sexual orientation, age, disability or membership of social groups. It is also forbidden to post content that is drastic, pornographic (in particular depicting minors, animals, relating to any form of violence or coercion, inciting Users to present pornographic content), harmful, dangerous, misleading, spam (intrusive, unwanted or repetitive content), as well as content that is offensive, demeaning. It is also prohibited for the User to engage in illegal activities (including harassment and stalking of other Users, invasion of privacy, disclosure of data, use of threats, extortion, and copyright infringement), contrary to the Terms of Use or which may cause disruption to the use of the Services or damage to the systems of GLOSSA or other Users. In particular, the User declares that he/she owns the copyright or the corresponding license for all content posted (including published and shared) by him/her on the Platform (including on GLOSSA’s server). In view of the User’s responsibility for the aforementioned content and actions, the User undertakes to assume all claims directed at GLOSSA or other Users in connection with such content and actions and to indemnify them.
6. If the User notices content which, in their opinion, is contrary to the Terms and Conditions or applicable law or which indicates a breach of security, they should immediately report this to GLOSSA via the contact form on the Platform or by sending an e-mail to e-coursebook@glossa.pl.
7. GLOSSA shall be entitled to remove or block any content (including Materials) that is in breach of the Terms and Conditions or the law (or rules of social conduct). The blocking or removal of such Content shall not give rise to any obligation on the part of GLOSSA to compensate or indemnify, subject to the provisions of sentences following sentences. Before removal of the Content, if the violation of the Regulations or of the law/rules of coexistence raises reasonable doubts, GLOSSA may ask the User to provide explanations and to submit the relevant documents within a certain period of time. If the deadline is not met or if the User fails to prove his/her case beyond a reasonable doubt, GLOSSA may remove the content without any consequences. If, on the other hand, the User demonstrates within the deadline that the content does not violate the Terms and Conditions or the law/rules of social coexistence, the removal of such content by GLOSSA shall entitle the User to claim damages.
8. The rules for the processing of Users’ personal data are set out in the Privacy Policy available on the Platform.
§ 3 Types of Services
1. GLOSSA provides the following Services to Users:
a) Contact – a free service provided by duly authorized GLOSSA employees via the contact form available on the Platform or via email after the User has sent an inquiry to e-coursebook@glossa.pl,
b) Publisher Account – free of charge service consisting in the registration of Users – Publishers intending to conclude a Contract with GLOSSA and use the Digitisation Services or conclude a Contract with a Student/Teacher; GLOSSA may also introduce other functionalities of the Platform available only to registered Publishers;
c) Student/Teacher Account – free of charge service consisting of the registration of Users intending, inter alia, to use the paid or unpaid Materials (in particular, e-coursebooks) made available on the Platform by Publishers, i.e. to conclude a Contract with a Student/Teacher; GLOSSA may also introduce other functionalities of the Platform available only to registered Students and Teachers,
d) Digitisation Services – paid Services provided by GLOSSA in the form of:
1) agency in the conclusion of Contracts by the Publisher with the Student/Teacher,
2) provision of space (cloud) and tools for the creation of Materials by the Publisher or Teacher and provision (including sale) of Materials by the Publisher on the Platform or provision of Activation Codes outside the Platform,
3) digitization and creation of materials (including textbooks) by GLOSSA into digital materials,
4) to make available the functionality of the Platform for the use of Created or Digitised Material by Students/Teachers and the transfer of payments from Students/Teachers to the Publisher; the detailed Rules for Publishers concerning the use of Digitisation Services are available from the Publisher Account prior to the purchase of the relevant Service;
e) GLOSSA may introduce additional permanent services – by amending the Terms and Conditions, or temporary services – on the basis of separate regulations.
2. GLOSSA may refuse to provide the Services in the event of a breach of the Regulations or the law, if it decides to discontinue that Service, or if it is justified for security reasons.
3. GLOSSA is entitled to terminate the contract for the Services with immediate effect when:
a) The user is in breach of the Terms and Conditions,
b) obtains reasonable, reliable information that the User’s actions are unlawful, immoral, violate personal rights or legitimate interests of GLOSSA,
c) The User misuses the Services,
d) The User interferes with GLOSSA’s systems or otherwise intentionally impairs the operation of the Platform or the ability to provide the Services,
e) in the case of paid services, the User has not made the required payment for the Service, f. for other valid reasons, where a valid reason is also a decision by GLOSSA to discontinue the Service or to change the manner in which the Service is provided.
4. Before using the Services (in particular before ordering Paid Services), it is the User’s responsibility to ensure that the specifications of the Services and their nature meet the User’s needs.
5. The User may terminate the contract for the provision of the Services with immediate effect without giving any reason, by e-mail to e-coursebook@glossa.pl, by post to Dietla 103/1, 31-031 Krakow, Poland. In the case of the use of the paid Services which are only available for logged-in Users, the termination of the account shall not result in any obligation on the part of GLOSSA to refund any fees for the unused period of these Services.
6. The termination of the contract shall result in the obligation of the parties to settle immediately, but no later than within 30 days – if the User is entitled to the payment of funds by GLOSSA on any account, GLOSSA shall pay the funds to the User; if GLOSSA has provided the User with paid additional services which have not been paid for, the User shall be obliged to cover the cost of the provided services. The disbursement of funds to the User by GLOSSA may be withheld if it is required by law or by the Regulations.
7. The termination of the contract shall result in the deletion of the User data stored by GLOSSA, subject to the provisions of the Privacy Policy and the Terms and Conditions for the Publisher. In particular, GLOSSA shall be entitled to store sales and billing data, as well as the content of the Materials and content entered by the User, for a period of time justified by the purpose of the storage.
§ 4 Technical requirements and security measures
1. You may use the Services subject to meeting the technical requirements set out below.
2. In order to use the Services, it is necessary for the User to have a multimedia device with Internet access, and in the case of services requiring the User to provide an e-mail address, it is also necessary for the User to have a properly configured e-mail.
3. In order to use certain Materials, it may be necessary for you to have speakers, a microphone, or a camera, and for you to grant access to data from these devices.
4. The User using the Services and the Platform should use legal software, have up-to-date anti-virus software, and an activated system firewall.
5. It is recommended that the User uses the latest version of the operating system, software, and web browser.
6. GLOSSA reserves the right to carry out maintenance works and modifications to the ICT system or software, which may cause difficulties or prevent Users from using the Services for the duration of such works, which shall not constitute grounds for complaint. GLOSSA shall, as far as possible, inform in advance of any interruptions in the availability of the Services, in particular on the home page of the User’s Account panel (Publisher/Pupil/Teacher), on the Platform or by e-mail.
7. GLOSSA shall use reasonable endeavors to ensure that the Services are available for at least 98% of the calendar year, subject to paragraph 6 above, unavailability due to causes beyond GLOSSA’s reasonable control, and unavailability due to causes attributable to the User.
8. GLOSSA shall ensure due diligence in order to provide the Services secured against access by third parties and the protection of the personal data processed, appropriate to the risks and the category of data to be protected. In particular, GLOSSA uses SSL protocol and systems with appropriate security measures and protects personal data against accidental or unlawful destruction, loss, modification, access to unauthorized persons, taking by an unauthorized person, and processing in violation of the provisions of the RODO.
9. GLOSSA shall not be liable for any damage incurred by the Users in connection with the way they have adopted the use of the Platform and the use of the information placed on the Platform, or in connection with the disclosure of access data or Activation Codes by the User to third parties, damage caused by third parties with the use of the Platform, caused by entities providing services to GLOSSA and caused by force majeure, failure of the User’s equipment, hacking attack, etc.
§ 5 Contact
1. In order to use the Contact Service, the User, using the contact form made available on the Platform, describes his/her query and provides his/her e-mail address, gives his/her consent to the processing of the data and then submits the form by clicking the appropriate button on the Platform, or sends an e-mail with the query to e-coursebook@glossa.pl or calls +48 12 429 40 51.
2. When a message is sent/connection is made, a Service Agreement is concluded.
3. Submitted inquiries are answered by GLOSSA within 5 working days of receipt of the inquiry between 9:00 a.m. and 4:00 p.m. Telephone calls are answered by GLOSSA between 9:00 a.m. and 4:00 p.m. on working days.
§ 6 Pupil/Teacher account
1. In order to use the Student/Teacher Account Service, the User:
a. accepts the Terms and Conditions and the Privacy Policy by ticking the relevant checkbox and provides in the registration form the e-mail address, the Account name (login), and the password to access the Account, then submits the form by clicking the relevant button on the Platform,
b. within 24 hours confirm the registration via a link received at the e-mail address provided,
c. The moment the User is informed of the activation of the Student/Teacher Account, the contract for the provision of this Service is concluded.
d. The password established by the User should be sufficiently strong (it is recommended to use at least 8 alpha-numeric characters, including at least one upper case letter, one lower case letter, one number, and at least one special character).
e. The user is responsible for the accuracy of the data he/she has provided.
f. The User is obliged to keep his/her access data to the Student/Teacher Account (login and password) in a safe place and not to disclose it to third parties. The use of a Pupil/Teacher Account requires positive verification of the login and password in each case.
g. The creation of more than one Pupil/Teacher Account by the User is prohibited, as is making a Pupil/Teacher Account available for use by other Users. The sale/transfer of a Student/Teacher Account to a third party is also prohibited. Disclosure of such behavior entitles GLOSSA to delete the Student/Teacher Account together with the active Services and the data entered by the User, without the User being entitled to any compensation for this.
h. If the User intentionally or negligently discloses his/her access data to the Account or provides access to the Account to a third party, he/she shall be liable for the actions of this person as for his/her own, including being obliged to compensate for damage caused to GLOSSA or other Users.
i. The User may not transfer any rights and obligations relating to the Services and available through the Student/Teacher Account to a third party without GLOSSA’s prior express consent,
j. Only a User with a Student/Teacher Account may enter into a Student/Teacher Agreement with the Publisher.
k. The User may cancel the Student/Teacher Account Service at any time, without giving reasons, by sending an email to e-coursebook@glossa.pl requesting the discontinuation of this Service. GLOSSA acknowledges termination of the Student/Teacher Account service agreement by sending a message to the User’s email address.
l. After canceling the Student/Teacher Account Service, you may start using the Service again at any time. m. GLOSSA may suspend or delete the Student/Teacher Account if the User violates the Terms of Use or the law, or if GLOSSA decides to discontinue the existing activity. GLOSSA shall, as far as possible, inform the User of the reason for the suspension or removal of the Student/Teacher Account. The provisions of § 2, paragraph 7 and § 3, paragraphs 5 and 6 of the Regulations shall apply accordingly.
§ 7 Publisher’s account
1. To use the Publisher Account Service, the User shall follow the same steps as described in § 6 for the Student/Teacher Account. The provisions of § 6 sections 1-8 and 10-12 shall apply accordingly to Publisher accounts.
2. One publisher may have only one publisher account. A Publisher Account shall be set up by a natural person acting on behalf of the Publisher, who becomes the administrator of that Account and has the possibility of assigning rights to administer the Publisher Account to other Users or creating a User Account for other Users representing the Publisher. By creating a Publisher Account (or activating a User Account created by another User, i.e., by logging into that Account for the first time), the User thereby accepts the Rules, the Privacy Policy, and the Rules for the Publisher, and declares and confirms that he has the appropriate authorization to represent the Publisher and to perform operations on behalf of the Publisher concerning Services and functionalities available on the Platform (including the assumption of obligations), as well as to grant further authorization to any User to whom he grants the right to administer the Publisher Account. A User who has been granted rights by the administrator of a Publisher Account, by using those rights, also declares that he accepts the Rules, the Privacy Policy, and the Rules for the Publisher and that he has the appropriate authorization to represent the Publisher and to perform actions on behalf of the Publisher concerning Services and functionalities available on the Platform.
3. Only a User with a Publisher Account may conclude a Publisher Contract with GLOSSA.
4. The User with a Publisher Account agrees that the Publisher’s markings and logos may be posted on the Platform and on GLOSSA’s social media free of charge. Upon GLOSSA’s request, the Publisher will provide such markings and logos in digital form. The Publisher may request that GLOSSA remove the logos and markings if the Publisher deletes the Publisher Account and ceases to use the Services, subject to the markings and logos contained in the Materials previously made available to Users.
5. GLOSSA agrees to publish GLOSSA’s markings and logos on the Publisher’s website and social media. At the request of the Publisher, GLOSSA will provide such markings and logos in digital form. GLOSSA may request that the Publisher remove the logos and markings if the Publisher has not used the Services or ceases to use the Services.
6. The use of the signs and logos referred to in paragraphs 15 and 16 above will be from mutual respect for each other’s rights and personal interests, in accordance with the Rules of Procedure, the law and the principles of social coexistence.
§ 8 Student/Teacher agreement and payment arrangements
1. The conclusion of the Student/Teacher Agreement is between the Student/Teacher and the Publisher. GLOSSA mediates the Contract with the Student/Teacher, but is not a party to it.
2. In connection with the intermediation in the conclusion of the Contract with the Student/Teacher, GLOSSA shall process the personal data of the Student/Teacher on behalf of the Publisher. It is the Publisher’s responsibility to properly entrust GLOSSA with the processing of the personal data in accordance with the model Agreement for Entrustment of Processing of Personal Data provided by GLOSSA, constituting Appendix 3 to the Regulations, which model the Publisher accepts.
3. The agreement with the Student/Teacher concerns the provision by the Publisher of the Publisher’s ebook published on the Platform to that Student/Teacher, either free of charge or for an agreed fee paid by that Student/Teacher.
4. GLOSSA provides a tool for Pupils/Teachers to make payment for Materials provided for a fee. The payment service itself is provided by an external entity – PayPro S.A. hereinafter referred to as the “Payment Operator”. The Payment Operator is responsible for collecting the billing data and processing the payment. The billing data of the Student/Teacher is stored only by the Payment Operator – GLOSSA has no access to this data.
5. In the event of non-payment/failure of payment, the Student/Teacher Contract is not concluded. The Student/Teacher should report any payment concerns to the Payment Operator.
6. The acceptance of funds by GLOSSA in connection with a payment is not subject to the provisions of the Payment Services Act of 19 August 2011 pursuant to Article 6 para. 2 of this Act and does not constitute the execution of a payment transaction by GLOSSA.
7. The price list for the provision of e-coursebooks is set by the Publisher, with the following stipulations:
a) The Publisher informs the Student/Teacher in the Contract with the Student/Teacher that a commission is charged on each payment, part of which is the payment operator’s remuneration and part of which is GLOSSA’s remuneration for the Digitisation Services; the price for the e-coursebook is set by the Publisher at a specific amount, which includes the Publisher’s remuneration and GLOSSA’s commission costs; when making the payment, the payment operator’s commission is added to this amount – the final price visible to the Student/Teacher on the Platform before the payment is finalized is the final price and already includes all fees and commissions,
b) The Publisher may use its own nomenclature for e-coursebooks, provided that it is not misleading or contrary to the law or the Terms and Conditions.
8. Before payment is made, the Student/Teacher has access to the contents of the Student/Teacher Agreement and confirms and accepts the terms of the Student/Teacher Agreement and the Terms and Conditions and Privacy Policy.
9. The initiation of a payment transaction by a Student/Teacher is equivalent to ordering access to an e-coursebook in accordance with the Student/Teacher Agreement. This provision should be understood to mean that if a Student/Teacher orders an e-coursebook made available for a fee, he/she intends to pay for it and agrees to do so, so payment will be taken if possible (subject to the provisions stating payment failure/no funds on the card, etc.).
10. Payment for the e-coursebooks is made immediately before they are made available to the Student/Teacher. By accessing the e-coursebooks immediately (no more than 1 hour) after payment, the Student/Teacher agrees to forfeit his/her right to withdraw from the contract covering access to the e-coursebooks.
11. The e-coursebooks provided by the Publisher may be used by the Student/Teacher in accordance with the
Student/Teacher Agreement and the Regulations. The Student/Teacher may use the online version of the e-coursebooks, which is updated on an ongoing basis, or, if the relevant functionality of the Platform allows it, download some Materials for his/her own use for educational purposes, provided that he/she does not modify the Materials and does not make them available to third parties or use them as part of his/her own materials made available (also free of charge) to third parties. The User acknowledges that downloaded Materials are not updated and may therefore be incompatible with Materials available online until the User downloads an updated version. Downloads are not limited, and subject to use in accordance with the Terms of Use.
12. The User may also gain access to the e-coursebooks by means of an Activation Code made available to him/her against payment or free of charge by the Publisher. The provision of the Activation Code takes place on the basis of an agreement between the Publisher and the User (GLOSSA only provides the Platform on which the e-coursebook operates and is not responsible for arrangements made directly between the Publisher and the User, and also settles accounts with the Publisher for the Codes used). The User who uses the Platform as a result of using an Activation Code is obliged to comply with the Rules and Regulations in the same way as for any other activity carried out using the Platform.
13. The sum of the amounts received by the Publisher from the sale of e-coursebooks and the total amount of commission due to GLOSSA can be seen in the Publisher’s Account – this amount is indicative as it may, for example, not take into account failed and reversed payments. The relevant register of transactions and payments is maintained by GLOSSA. The same applies to the number of used Activation Codes generated and made available by the Publisher.
14. Settlement of the funds accumulated by the Publisher on GLOSSA’s account from the sale of e-coursebooks and of the amounts due to GLOSSA for the used Activation Codes generated and made available by the Publisher shall take place at the end of each calendar month in such a way that GLOSSA shall, by the 10th day of the month following the month for which the settlement is made, provides the Publisher with information – a settlement including the number of individual e-coursebooks sold / Activation Codes for e-coursebooks used with a summary of the amounts due to the Publisher and the commission due to GLOSSA for the sale of e-coursebooks and the amounts due to GLOSSA for the use of Activation Codes. The Publisher shall issue to GLOSSA a VAT invoice in accordance with the settlement of sales of e-coursebooks, which GLOSSA shall pay within 30 days as specified in the invoice. GLOSSA shall issue a VAT invoice to the Publisher in accordance with the settlement of the use of the Activation Codes, which shall also be paid by the Publisher within 30 days in accordance with the details on the invoice.
15. In the event that GLOSSA is obliged to reimburse the Publisher’s remuneration for the ebooks resulting from the Agreement with the Student/Teacher to that Student/Teacher or the Payment Provider or any other authorized entity, regardless of the reason and basis for such reimbursement (e.g. if the remuneration funds came from a stolen card), the Publisher agrees to deduct the reimbursement amount together with the amount of the actual costs incurred by GLOSSA in connection with such reimbursement (in particular the amounts of the Payment Provider’s commission) from the amount due to be paid to the Publisher according to the settlement. In the event that there are insufficient funds accumulated from the Publisher’s sales and not paid to the Publisher, the Publisher agrees to immediately reimburse to GLOSSA the amount of the refund and related costs in excess of the amount to be deducted.
16. In the event that a Student/Teacher, a Payment Provider, or any other authorized entity makes a claim for reimbursement as referred to in paragraph 15 above, or GLOSSA has a reasonable and documented suspicion that such a claim has been made, GLOSSA shall be entitled to temporarily block payment to the Publisher of the funds accepted from Students/Teachers for the sale of the Publisher’s e-coursebooks up to the amount of the claim. The blocking may last no longer than 3 months (also after termination of the Agreement with the Publisher), subject to the longer duration of the grounds for blocking. GLOSSA shall inform the Publisher of the blockade and its duration by email or via the Publisher’s Account.
17. The Publisher agrees that GLOSSA may set off GLOSSA’s receivables against the Publisher’s receivables resulting from the VAT invoices issued by the Publisher, including receivables not yet due or disputed. 18. If the Publisher is in arrears in any payment to GLOSSA, GLOSSA may block the provision (including sale) of the Publisher’s e-coursebooks and the Publisher’s Account (including the operation of the generated Activation Codes) until the amount due is received. The Publisher shall be liable for damages incurred by Students/Teachers as a result of such blocking. Notwithstanding the above, for late payment GLOSSA may charge the Publisher maximum interest for each day of late payment.
§ 9 Copyright and licence
1. The content of the Platform, other than content made available and created by the Publisher or Teacher or created by GLOSSA on behalf of the Publisher as part of the Digitisation Services, including texts, graphics, photographs, animated photographs, films, illustrations, sounds, and software, is the property of GLOSSA. This content is protected by copyright and other laws. Their use is only permitted with the express written consent of GLOSSA.
2. The Publisher, by making content available on the Platform, grants other Users a license to use the posted content, without territorial and time limitations, to the extent permitted by the Regulations and the characteristics of the given published content (Material), in particular, to display it; the license in the case of e-coursebooks may be for a fee, with the cost of the license being taken into account by the Publisher when setting the price of the e-coursebooks.
3. Licences shall expire upon deletion of the content, except where the operation of GLOSSA Services requires the use of content previously agreed to, or where the contract or the law provides otherwise, or for legitimate evidentiary purposes. In particular, the deletion of content by the Publisher does not require GLOSSA to delete copies that are reasonably retained for legal purposes. In particular, it is always considered reasonable to keep the content for up to 30 days after its removal by the Publisher – due to potential claims or GLOSSA becoming aware that the content violates the Terms and Conditions, the law or the rules of social coexistence.
4. The Publisher may remove its content from the Platform at any time, with the exception of e-coursebooks and constituent Materials for which the Publisher is bound by an agreement with GLOSSA, the Student or the Teacher. In particular, the Publisher may not remove e-coursebooks to which another User has purchased access via the Platform or has used the Activation Code, until the period of use by the User has expired. If the Publisher removes such content, it is responsible for this with respect to the Users (in particular Students and Teachers) and undertakes to assume any claims addressed to GLOSSA by the Users for this reason. The Publisher must remove the content if it has lost the rights to the content – if this results in claims for damages by the Users (including from the purchase of access to the content, including e-coursebooks and Materials), the Publisher shall be liable.
§ 10 Complaint procedure
1. Complaints concerning the Services and the operation of the Platform should be reported via the “Report an error” option available in the Platform Materials, alternatively by e-mail to e-coursebook@glossa.pl or in writing to: Dietla 103/1, 31-031 Kraków, Poland with the annotation “Complaint”.
2. The complaint should contain the name, surname, correspondence address or e-mail address of the User, a description of the subject of the complaint, including the definition of the demand and its justification, and the signature of the person the complainant.
3. If documents or information from the User are necessary for the handling of the complaint, the User undertakes to provide them immediately upon request by GLOSSA.
4. Complaints will be processed by GLOSSA within 14 days of receipt. If the complaint cannot be processed within this period, GLOSSA will notify the User within this period of the reasons for the delay and the expected date for processing the complaint.
5. GLOSSA shall immediately notify the User making the complaint of the decision on the complaint or of the delay referred to in paragraph 3 by e-mail to the e-mail address specified in the complaint or by registered letter to the address specified in the complaint.
6. GLOSSA reserves the right not to deal with complaints resulting from ignorance of the Terms and Conditions, the Publisher’s Terms and Conditions or the law.
7. If the User is a consumer, in the event that GLOSSA refuses to accept the complaint, the User has the right to make use of out-of-court forms of complaint handling and redress, including the following forms:
a) free assistance from a municipal or district consumer ombudsman or a social organization whose statutory tasks include protecting consumers (e.g. Consumer Federation),
b) mediation by the locally competent Voivodship Inspectorate of Trade Inspection, to which a request for mediation should be submitted; the proceedings are, as a rule, free of charge; the list of Inspectorates can be found at listed at at address: https://www.uokik.gov.pl/wazne_adresy.php#faq595
c) the assistance of a locally competent permanent amicable consumer court operating at the Provincial Inspectorate of Trade Inspection, to which an application for consideration of the case before the amicable court should be submitted; the proceedings are, as a rule, free of charge; the list of courts is available at: https://www.uokik.gov.pl/wazne_adresy.php#faq596
d) online ODR platform for interactive dispute resolution available at: https://ec.europa.eu/consumers/odr.
8. All complaints arising from the Student/Teacher Agreement are dealt with by the Publisher itself unless they relate to matters for which GLOSSA is responsible. In the event that GLOSSA receives a complaint relating to the Student/Teacher Agreement or other services provided by the Publisher, GLOSSA shall immediately forward such complaint to the Publisher and inform the Student/Teacher that it is not entitled to deal with the complaint. GLOSSA undertakes to provide the Publisher with all information related to the operation of the Platform that is necessary to resolve the Student/Teacher’s complaint.
§ 11 Final provisions
1. GLOSSA shall not be liable for the actions of Users or third parties contrary to the provisions of these Terms and Conditions, the Publisher’s Terms and Conditions or for the consequences of acts or omissions resulting from force majeure.
2. If there are links to other sites on the Platform, these are provided to facilitate access by Users to the linked content (e.g. in the case of advertising on the Platform). GLOSSA is not responsible for the content of the linked sites or for any possible damage or loss of Users related to the use of the links and the use of the content and services offered by the linked sites. Users use the links at their own risk.
3. Users’ personal data shall be processed for the purposes, to the extent and on the basis of the grounds and principles indicated in the Privacy Policy published on the Platform.
4. GLOSSA is not an obliged institution within the meaning of the provisions of the Anti-Money Laundering and Terrorist Financing Act (Journal of Laws 2022, item 593 as amended).
5. By accepting the Terms and Conditions, the User agrees to receive accounting documents from GLOSSA related to the transactions made in electronic form.
6. GLOSSA may assign the rights and obligations under the Terms and Conditions to another entity, to which the User agrees. The User may not assign the rights and obligations under the Terms and Conditions, including the concluded Service Agreements, to a third party without GLOSSA’s consent.
7. Matters not covered by these Rules shall be governed by generally applicable provisions of Polish law, in particular: The Act and the Civil Code (Journal of Laws 2022, item 1360 as amended). In the case of disputes arising from these Terms and Conditions, the Polish courts shall have jurisdiction, subject to the generally applicable provisions.
8. Should any provision of the Rules be invalid or unenforceable, this shall not affect the validity and enforceability of the remaining provisions.
9. GLOSSA reserves the right to make changes to the Terms and Conditions, in particular, due to changes in the way GLOSSA operates, changes in the law or for security reasons. GLOSSA shall inform the Users bound by the Regulations by e-mail about the changes and allow them to be known in advance. The new wording of the Regulations shall come into force within 14 days of notification to the Users by e-mail, while for new Users (with whom GLOSSA has no contract for the provision of Services), it shall come into force from the date of its publication on the Platform. If the User does not agree with the changes to the Regulations, he/she may terminate the contract for the provision of Services binding him/her with GLOSSA before the new Regulations come into force.
10. The Appendices and the Privacy Policy are an integral part of these Terms and Conditions. It is the User’s responsibility to read both the Terms and Conditions and the Privacy Policy before using the Platform and Services.
11. These Terms and Conditions may be published in different language versions – in the event of any doubt or discrepancy, the Polish version shall prevail.
Appendices:
1) Appendix 1 – Student/Teacher Agreement
2) Appendix 2 – Privacy Policy Cookie Policy
3) Appendix 3 – Template of the Agreement on entrustment of personal data
Appendix 1 – Agreement with the Student/Teacher
Student/Teacher agreement – general conditions
§ 1 Definitions
GLOSSA – GLOSSA Digital Publishing spółka z ograniczoną odpowiedzialnością with registered office in Kraków, Dietla Street 103/1, KRS: 0000339255, NIP: 6762408748, REGON: 121046563, e-mail: e-coursebook@glossa.pl, which is the Publisher’s proxy for the conclusion of the Contract with the Student/Teacher
Terms and Conditions – the terms and conditions for the use of the Platform and the provision of electronic services by GLOSSA available at e-coursebook.eu; words and expressions used with a capital letter in this Agreement shall have the meaning given by the Terms and Conditions unless the Agreement provides otherwise
Publisher – a publishing house whose ebooks have been purchased by the Student/Teacher – the Publisher’s details are made available on the Platform
§ 2 Subject of the Student/Teacher Agreement
1. The Student/Teacher Agreement sets out the rules for the purchase by the Student/Teacher of the Publisher’s e-coursebooks available on the Platform and for the Student/Teacher to pay for the e-coursebooks.
2. This Agreement constitutes an electronic template contract within the meaning of Article 384 of the Civil Code. made available to the Student/Teacher prior to its conclusion and is concluded between the Student/Teacher and the Publisher.
3. In the conclusion of the Contract, the Publisher is represented by an attorney, i.e. GLOSSA. GLOSSA is not a party to the Contract with the Student/Teacher. The Contract with the Student/Teacher is concluded under the terms of the Regulations.
§ 3 Conclusion and execution of the Student/Teacher Agreement, payment terms
1. The Student/Teacher Agreement can only be entered into by a Student/Teacher with full legal capacity or with parental/legal guardian consent.
2. In order to enter into a Student/Teacher Agreement, it is necessary to have a multimedia device with internet access and an updated web browser, and a correctly configured email.
3. On the basis of the Contract, the Publisher undertakes to make available to the Student/Teacher the Publisher’s e-coursebook of his choice available on the Platform for the price specified on the Platform and in accordance with the terms and conditions set out therein.
4. In order to conclude the Contract with the Student/Teacher, the Student/Teacher selects the e-coursebooks of interest from the offer on the Platform and adds them to the shopping cart. Once in the shopping cart and before placing the order, the Student/Teacher will be provided with a summary of the payment amount for the e-coursebooks, according to the price list set by the Publisher. Before placing an order, the Student/Teacher accepts the Student/Teacher Agreement, Privacy Policy, and Terms and Conditions. The placement of an order and payment (or the placement of the order itself, if it includes only e-coursebooks provided free of charge) constitutes the conclusion of the Student/Teacher Agreement.
5. Before placing an order, the Student/Teacher agrees to forfeit his/her right of withdrawal from the Contract, because once the order has been placed and payment has been made (or the order itself, if it only covers e-coursebooks provided free of charge), the e-coursebook will be made immediately (no more than 1 hour) available to the Student/Teacher, so that the Publisher performs its obligations under the Contract with the Student/Teacher in full.
6. The Student/Teacher makes payment for the ebooks using the payment methods available on the Platform. The payment service is provided by an external entity, the Payment Operator. The Payment Operator is responsible for collecting the billing data and processing the payment. The billing data of the Student/Teacher is stored exclusively by the Payment Operator.
7. The price for the ebooks paid by the Student/Teacher is the final price and includes the amount set by the Publisher, which already includes the Publisher’s remuneration for the sale, as well as the GLOSSA commission and the commission for the Payment Operator.
8. In the event of non-payment/non-successful payment, the Student/Teacher Agreement shall not be concluded, subject to e-coursebooks provided free of charge. Any concerns regarding payment should be raised with the Payment Provider by the Student/Teacher.
9. The initiation of a payment transaction by a Student/Teacher is equivalent to ordering access to an e-coursebook in accordance with the Student/Teacher Agreement. This provision should be understood to mean that if a Student/Teacher orders a paid ebook course, he/she intends to pay for it and agrees to do so, so payment will be taken if possible (subject to the provisions stating payment failure/no funds on the card, etc.).
§ 4 Complaints
1. The Student/Teacher may submit complaints regarding the Student/Teacher Agreement by email to the Publisher’s address marked “Complaint” or via the “Report Error” functionality on the Platform.
2. The complaint should include the identity of the Student/Teacher, the email address of the Student/Teacher, a description of the subject matter of the complaint, including a statement of the demand and the reasons for the demand.
3. Complaints will be considered by the Publisher within 14 days of their receipt. The Publisher will immediately notify the User submitting the complaint of the decision on the complaint by e-mail to the address indicated in the complaint or via the User Account. (4) If the Student/Teacher is a consumer, in the event of refusal of the complaint by the Publisher, he/she has the right to make use of out-of-court forms of complaint handling and redress, including the following:
a. free assistance from a municipal or district consumer ombudsman or a social organization whose statutory tasks include protecting consumers (e.g. Consumer Federation),
b. mediation by the locally competent Voivodship Inspectorate of Trade Inspection, to which a request for mediation should be submitted; the proceedings are, as a rule, free of charge; the list of Inspectorates can be found at listed at address: https://www.uokik.gov.pl/wazne_adresy.php#faq595
c. the assistance of the locally competent permanent amicable consumer court operating at the Provincial Inspectorate of Trade Inspection, to which a request for consideration of the case before the amicable court should be submitted; the proceedings are, in principle, free of charge; the list of courts is available at: https://www.uokik.gov.pl/wazne_adresy.php#faq596
d. online ODR platform for interactive dispute resolution available at: https://ec.europa.eu/consumers/odr.
§ 5 Final provisions
1. The personal data of the Student/Teacher provided in the course of ordering the e-coursebook is processed by the Publisher as the controller of the personal data in order to perform the Contract with the Student/Teacher (Art. 6(1)(b) RODO). The processing of the data is carried out under the terms and conditions specified by the Publisher. The Publisher declares that it has entrusted GLOSSA with the processing of the Student/Teacher’s personal data on its behalf.
2. In matters not regulated in the Student/Teacher Agreement, the generally applicable provisions of Polish law shall apply, in particular: The Act and the Civil Code (Journal of Laws 2022, item 1360 as amended). In the event of disputes arising under the Student/Teacher Agreement, the Polish courts shall have jurisdiction, subject to generally applicable provisions.
Appendix 2 – Privacy and Cookies Policy
Privacy policy
Pursuant to Article 13(1) and (2) of 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 (RODO), we inform you about how and for what purpose we process your personal data (hereinafter “data”), as well as about your data protection rights.
1. The administrator of your personal data is Glossa Digital Publishing spółka z ograniczoną odpowiedzialnością with its registered office in Kraków, ul. Dietla 103/1, 31-031 Kraków, KRS: 0000339255, NIP: 6762408748, REGON: 121046563, e-mail:e-coursebook@glossa.pl.
2. We will process your personal data for:
● the performance of the contract on the basis of Article 6(1)(b) of the DPA for the duration of the contract and until the expiry of the time limits for redress;
● the handling of complaints and claims on the basis of Article 6(1)(c) of the DPA for the duration of the time limits and for 1 year after the expiry or settlement of the complaint;
● to establish, assert and defend against claims related to the concluded contract on the basis of Article 6(1)(f) RODO, where the legally justified purpose is to assert, defend against claims until the legal conclusion of proceedings including enforcement proceedings or the statute of limitations for claims; ● the archiving of settlement documents on the basis of Article 6(1)(c) of the DPA until the expiry of the statute of limitations for the tax liability;
● to carry out marketing activities for its own products and services without the use of electronic communications on the basis of Article 6(1)(f) of the RODO, where the legitimate purpose is to carry out marketing activities to promote its business, until you object.
● If you have given your consent, also for the purposes of marketing your own products and services by means of electronic communication, on the basis of Article 6(1)(f) of the DPA and the provisions of other laws requiring consent to such activities, until you withdraw your consent to such activities or object, depending on which event supersedes first.
● For statistical purposes on the basis of Article 6(1)(f) of the RODO, where the legitimate purpose is to have information about the statistics of our activities which allows us to
to improve our business operations, as long as we have another legal basis for processing – in the event that we lose this basis, the data will be anonymised.
3. Your personal data may be transferred to other recipients, i.e.:
● to postal or courier operators;
● entities enabling us to carry out payment operations;
● banks, where settlement is required;
● to state authorities or other entities authorized by law;
● to entities that support us in the course of our business on our behalf, in particular providers of external systems to support our business, entities that will provide tax, legal, IT services to us, lecturers, and language schools we work with abroad
4. Personal data may be transferred to recipients in countries outside the European Union (“third countries”):
● if it is necessary for the performance of a contract or for taking steps prior to the conclusion of such a contract for the purpose of concluding it;
● as part of GLOSSA’s and polish-courses.com’s use of IT infrastructure (cloud computing, email).
5. The provision of data is voluntary and necessary for the performance of the contract, the processing and fulfillment of warranty, guarantee, and indemnity claims, including the defense against claims.
6. You have the following rights in relation to the processing of your personal data:
● the right to withdraw consent to data processing,
● The right of access to personal data,
● The right to request the rectification of personal data,
● the right to request the erasure of personal data,
● The right to request the restriction of the processing of personal data,
● The right to object to the processing of data due to a particular̨situation – in cases of data processing based on the legitimate interest of the Controller,
● The right to data portability, i.e. the right to receive personal data from the Controller, in a structured, commonly used computer format suitablesię̨ for the reading machine. Employees have the right to data portability only with respect of those data that the Administrator processes on the basis of a contract with the employee or on the basis of the employee’s consent,
● the right to lodge a complaint to the supervisory authority, i.e. the President of the Office for Personal Data Protection – by letter to the address ul. Stawki 2, 00-193 Warsaw or electronically via ePUAP sub box: /UODO/ESP box;
7. The Personal Data Administrator will not make automated decisions, including decisions resulting from profiling, based on the personal data provided by Customers. (Profiling means any form of automated processing of personal data which involves the use of personal data to evaluate certain personal factors of an individual, in particular, to analyze or forecast aspects relating to that individual’s performance, economic situation, health, personal preferences, interestś, reliability, behavior, location or movements).
If you would like to exercise your rights, please contact us by email at e-coursebook@glossa.pl.
Cookie policy
What are cookies?
Cookies are small files that are saved and stored on your computer, tablet or smartphone when you visit various websites on the internet. A cookie usually contains the name of the website from which it originated, the “lifespan” of the cookie (i.e. the length of time it has been in existence), and a randomly generated unique number used to identify the browser from which you connect to the website.
Cookie policy:
In connection with the provision of content on the Platform, so-called cookies are used, i.e. information recorded by servers on the user’s terminal equipment, which may be read by the servers at each connection from that terminal equipment, may also use other technologies with functions similar or identical to cookies. In this document, the information on cookies also applies to other similar technologies used within our websites. Cookies (so-called “cookies”) are IT data, in particular text files, which are stored on the Platform user’s terminal equipment. Cookies usually contain the domain name of the website from which they originate, the time they are stored on the terminal device, and a unique number.
Cookies are used for:
1. to adapt the content of the website to the user’s preferences and to optimize the use of the website; in particular, these files allow for the recognition of the website user’s device and the appropriate display of the website, adapted to the user’s individual needs,
2. to create statistics that help us to understand how visitors use the websites so that we can improve their structure and content,
3. maintain the session of the website user (after logging in), so that the user does not have to re-enter his/her login and password on each page of the website,
4. to provide users with advertising content more tailored to their interests.
We may use the following types of cookies on the Platform:
1. ‘necessary’ cookies to enable the use of services available on the website, e.g. authentication cookies used for services that require authentication on the website,
2. cookies used for security purposes, e.g. used to detect misuse of authentication on the website, 3. cookies that allow the collection of information about the use of the website’s pages, 4. functional’ cookies, which make it possible to ‘remember’ a user’s selected settings and personalize the user’s interface, e.g. with regard to the user’s chosen language or region of origin, font size, website layout, etc,
5. ‘advertising’ cookies, enabling you to provide users with advertising content more tailored to their interests.
In many cases, the web browsing software (web browser) allows cookies to be stored on the user’s terminal device by default. Website users can change their cookie settings at any time. These settings can be changed, in particular, in such a way as to block the automatic handling of cookies in the settings of the web browser or inform about their placement on the website user’s device each time. Detailed information on the possibility and methods of using cookies is available in the settings of your software (web browser). Failure to change the settings with regard to cookies means that they will be placed on the user’s terminal equipment, and thus we will
store information on the user’s terminal equipment and gain access to this information.
Disabling cookies may make it more difficult to use certain services on our websites, in particular those requiring a login. However, deactivating the option to accept cookies does not prevent you from reading or viewing content on the Platform, with the exception of content to which access requires a log-in.
Cookies may be placed on the Platform user’s terminal equipment and then used by advertisers, research companies, and multimedia application providers cooperating with the service. Cookies are anonymous in the sense that they do not collect the user’s personal data in the form of name and surname, but only the IP address and identification number.
Appendix 3 – Model Agreement on entrustment of personal data processing
Agreement on entrustment of personal data processing
hereinafter referred to as: “Agreement” between:
Publisher – identification and billing data indicated at the conclusion of the Contract with the Publisher following the Rules for the Publisher hereinafter referred to as: “the Trustee”
a
GLOSSA Digital Publishing limited liability company with a registered office in Kraków, Dietla Street 103/1, KRS: 0000339255, NIP: 6762408748, REGON: 121046563, hereinafter referred to as: “Processor”
collectively referred to as: “Parties”, and separately as: “Party“,
§ 1 Definitions
1. Controller – a natural or legal person, public authority, entity, or other body which alone or jointly with others determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union law or Member State law, a controller may also be designated by Union law or Member State law, or specific criteria for its designation may be laid down.
2. Processor – a natural or legal person, public authority, entity, or other body that processes personal data on behalf of the controller.
3. Sub-processor – an entity to which the Processor has entrusted the processing of personal data in whole or in part as a consequence of the performance of its entrustment agreement with the Controller.
4. Data processing – an operation or set of operations which is performed upon personal data or sets of personal data, whether or not by automated means, such as collection, recording, organization, organisation storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
5. RODO – 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 2016-04-27 (Official Journal of the EU.L 2016 No. 119, p. 1).
6. Dataset – a structured set of personal data accessible according to specific criteria, regardless of whether the set is centralized, decentralized or functionally or geographically dispersed.
§ 2 Subject matter of the Agreement
1. The subject matter of the Agreement is the entrustment of personal data by the Trustee for processing by the Processor.
2. The Trustee declares that it is the controller of the data sets that are the subject of the entrustment.
3. The entrustment covers the Trustee’s data in terms of identification, contact, and billing data, hereinafter referred to as: “Data”.
4. The purpose of the delegation is for the Processor to act as an intermediary in concluding Contracts with Pupils/Teachers on behalf of and for the benefit of the Trustee under the Contract with the Publisher.
§ 3 Declared technical and organizational measures
1. The processor provides sufficient guarantees to implement appropriate technical and organizational measures so that the processing meets the requirements of the RODO and protects the rights of the data subjects.
2. The Entrustor authorizes the Processor to grant data processing authorizations to the persons employed by the Processor with whom it will perform the subject matter of the Agreement. The Processor is obliged to provide a list of authorized persons at the request of the Trustee.
3. The Processor will ensure the protection of the entrusted Data in accordance with the provisions of the RODO and to this end undertakes, among other things, to:
a) not to process the Data to any other extent and for any other purpose than that specified in the Agreement, b) to apply technical and organizational measures to ensure the protection of the Data being processed even before the Data is processed,
c) allow only persons authorized by the Processor, who are informed and trained in the safety rules of working with personal data, to process the Data,
d) oblige persons authorized to process the Data to keep the Data confidential both during and after their employment with the Processor,
e) enable compliance checks of data processing carried out at the Processor’s premises by the supervisory authority,
f) take all measures required pursuant to Art. 32 RODO, whereby the measures implemented must be adequate to the identified risks for the scope of the entrusted data processing,
g) apply protection of the entrusted data against unauthorized or unlawful processing (destruction, loss, modification, unauthorized disclosure or unauthorized access to personal data transmitted stored, or otherwise processed) and accidental loss, destruction, damage, by means of appropriate technical or organizational measures (“integrity and confidentiality”),
h) assist the Custodian, by means of appropriate technical and organizational measures, to comply with its obligation to respond to the data subject’s requests for the exercise of his/her rights set out in Chapter III of the RODO,
i) assist the Trustee in complying with the obligations set out in Art. 32-36 of the RODO, j) upon termination of the processing services depending on the decision of the Trustee, protocolally delete or return to the Trustee any entrusted personal data and delete any existing personal data within 14 days of the termination or completion of the Agreement, and give one of the signed copies of the protocol of data return/deletion to the Trustee, unless Union or Member State law prescribes the retention of personal data, k) allow the Trustee or an auditor authorized by the Trustee to conduct compliance audits of the processing of personal data,
l) promptly inform of any breaches of personal data protection processed on behalf of the Controller. The information provided to Data Controllers should include at least:
▪ a description of the nature of the breach and, where possible, an indication of the category and approximate number of persons whose data have been compromised and the amount/type of data affected by the breach,
▪ a description of the possible consequences of the breach,
▪ a description of the measures applied or proposed to be applied by the Processor to remedy the breach, including minimizing its effects.
m) make available to the Trustee any information necessary to demonstrate compliance with the obligations described in points a – l.
4. The Processor is obliged not to cause data to be altered or lost, damaged or destroyed in violation of the Agreement.
5. Processing of personal data takes place on paper and using IT systems.
§ 4 Processor’s use of another processor
1. The Processor, in the performance of the Agreement, may not use the services of another processor without the prior detailed written consent of the Trustee.
2. Subcontracting by the Processor to a processor requires the written form. In the case of subcontracting, the same obligations will be imposed on the subcontractor as under the Agreement. The Processor shall be liable for the actions of the processor (subcontractor) as for its own actions.
3. If another processor fails to fulfill its data protection obligations, the full responsibility towards the Controller for the fulfillment of the obligations of that other processor shall lie with the Processor. The Processor shall be liable for the actions of the processor (sub-processor) as for its own actions.
§ 5 Confidentiality rules
1. The Processor undertakes to keep confidential all information, data, materials, documents, and personal data received from the Trustee and from persons cooperating with the Trustee and data obtained in any other way, whether intentional or accidental in oral, written, or electronic form, hereinafter referred to as: “Confidential Data”.
2. The Processor declares that in connection with the obligation to keep Confidential Data confidential, it will not be used, disclosed, or made available without the written consent of the Entrusting Party for any other purpose than the performance of the agreement referred to in § 2 section 4 of the Agreement, unless the necessity to make them available to third parties results from the applicable laws and these persons request the Processor to provide them. The Processor is obliged to inform the Entrustor in advance of the above request.
3. The Processor undertakes to use its best endeavors to ensure that the means of communication used to receive, transmit, and store Confidential Data guarantee the security of the Confidential Data, including in particular the Personal Data entrusted for processing, against access by third parties not authorized to be acquainted with its content.
4. The Processor undertakes to receive Confidential Data from the Custodian and to transmit such Data to the Custodian only through its employees who have been notified of the obligations under this paragraph
5. The Processor undertakes to accept a written undertaking from its employees to maintain the secrecy of all information referred to in this paragraph which they have obtained in connection with the performance of the agreement referred to in § 2.4 of the Agreement.
§ 6 Duration of the Agreement
1. The Agreement is concluded for the period of performance of the Agreement referred to in § 2(4) of the Agreement.
2. The Processor shall be entitled to process the entrusted data until the expiry or termination of the Agreement.
§ 7 Termination of the Agreement
1. The Trustee may terminate the Contract with immediate effect in the following cases:
a) Processor’s processing of personal data contrary to the Agreement,
b) subcontracting by the Processor the processing of personal data to another entity without the consent of the Trustee.
c) failure by the Processor to remedy deficiencies shown during the Trustee’s inspection for compliance with the Agreement and the Regulation.
§ 8 Final provisions
1. Any amendments to the Agreement shall be made in writing on pain of nullity.
2. In matters not regulated by the Agreement, the provisions of Polish law, including the Civil Code, shall apply.
3. Disputes arising from the performance of the Agreement shall be resolved by the Court with jurisdiction over the Processor’s registered office.
4. The Agreement is drawn up in two counterparts, one for each of the Parties.
…………………………………………………………….
Trustee
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Processor