TERMS OF USE

These Terms of Service shall prescribe the terms of use of the TrackTime24 Application (hereinafter referred to as “Application”) and the TrackTime24 Website available on tracktime24.com (hereinafter referred to as “Website”).

By registering or otherwise using the Website or Application, a User (hereinafter referred to as “User”, “you”, “your”) shall accept these Terms of Use and the Privacy Policy, which constitutes an integral part of these Terms of Use. Services and functionalities provided through the Website and Application shall be provided and performed by inEwi sp. z o.o. (hereinafter referred to as “TrackTime24”, “we”, “us”, “our”) with its registered office in Bielsko-Biała, 10 Szarotki Street, 43-400 Bielsko-Biała, entered in the register of entrepreneurs of the National Court Register (KRS) maintained by the District Court in Bielsko-Biała, 8th Commercial Division of the National Court Register, under number KRS: 0000456957, Tax Identification Number NIP: 5472146245, National Business Registry Number REGON: 243231027, share capital: PLN 151,000.00. Any person willing to use the Application or the Website is obliged to become acquainted with these Terms of Use first. We provide these Terms of Use and other terms of service to all persons concerned free of charge prior to conclusion of the Agreement (in the Application and on the Website), as well as—upon your request—in a manner which enables you to obtain, copy and record the content of the Terms of Use by means of a teleinformatic system used by you. Detailed rules of use of the functionalities shall be available in relevant tabs of the Application or the Website. If you do not accept the provisions of these Terms of Use, you may not use or access the Services. The Application and the Website constitute a Workforce management system for easy and precise control of employee working time. The system automatically generates an attendance list and record cards, notifies employees on new work schedules and provides electronic circulation of holiday request forms. Users shall be authorized to use the Application by the Services Recipient in a scope granted at its discretion. Other terms used in these Terms of Use shall have the following meanings:

  1. Account - a service provided by electronic means by TrackTime24; a modifiable part of the Application or the Website individually assigned to User; The Account shall enable the User to use other Services
  2. Agreement - agreement concluded between TrackTime24 and Services Recipient the subject matter of which is the use of the Application, Website and Services, the general provisions of which shall be prescribed in these Terms of Use, whereas specific provisions selected by the Services Recipient out of available options shall be prescribed in the terms of Service
  3. Fee - a monthly or annual subscription fee specified in the Pricelist whose amount depends on the selected Modules, the duration of the Services and the number of Users authorized to use the Application
  4. Maintenance Break - a break in access to the Website related to the necessity of carrying out maintenance or modernization works which prevents or hinders the use of Services
  5. Module - a variant determining the objective scope of the Service
  6. Parties – Services Recipient and TrackTime24
  7. Pricelist - a statement of prices presenting in a comparative manner the Fees and their objective scope
  8. Privacy Policy - a document which governs the security of protecting the privacy and processing your personal data; The Privacy Policy available here shall constitute an appendix to and an integral part of these Terms of Use
  9. Service/Services - services provided by electronic means by TrackTime24 on the basis of the Agreement which consist in providing tools for recording working time, in the scope determined by the Modules
  10. Services Recipient - the User concluding the Agreement with us
  11. Subscription Term - a one-year or one-month period of Service provision in which the Fee shall be paid; The Subscription Term shall expire upon the end of the day which corresponds with its name or date to the commencement day of the Subscription Term, and if there is no such day in the following month—on the last day of the relevant month; a single Subscription Term shall constitute a minimum term of Services Recipient’s liability under the Agreement
  12. Trial Period - a period of provision of Services for which the Services Recipient is not obliged to pay the Fee
  13. User - a natural person with full capacity to perform acts in law who uses the Application or the Website on the basis of and in accordance with these Terms of Use as part of the functionalities made available to a given Services Recipient under the Agreement

§ 1 PRELIMINARY PROVISIONS

  1. Through the Application and Website, we shall provide the following types of Services: information services; data edition services; data storage services; communication services; sale arrangement services; commercial information services; services involving provision of information to a third person.
  2. The correspondence between you and TrackTime24 shall be conducted by electronic means, irrespective of whether you use the Website/Application or send us e-mails, or whether TrackTime24 posts notifications on the Website/in the Application or communicates with you via e-mail. For the purposes of the Agreement: (a) you give your consent to receive from TrackTime24 correspondence in electronic form; and (b) you confirm that all terms and conditions, Agreements, notifications, disclosures and other correspondence sent to you by electronic means by TrackTime24 meet any legal requirements which such correspondence would meet if conducted in writing in a printed form. The foregoing shall not limit your non-transferable rights.
  3. You are not allowed to provide content of unlawful nature.
  4. The Application or the Website may include advertisements for which TrackTime24 obtains remuneration on commercial conditions. You may refuse to consent to receive advertisements by selecting appropriate settings in your browser or by selecting appropriate options in the Application or Website settings.
  5. The Parties, through a consistent statement, may vary the scope of the Services and payments. Such an agreement must always be confirmed by TrackTime24 in electronic form.
  6. The TrackTime24 through the Website or Application provides Services only to entrepreneurs within the meaning of provisions of law, and Agreements covered by the Terms of Use cannot be concluded by the consumer.

§ 2 SERVICES

  1. Our services shall be provided through the Website and the Application. Detailed rules regarding operation of the Application, Website and particular Services shall be available on relevant subpages or in the Application.
  2. TrackTime24 shall provide a possibility of testing the Services free of charge within the frames of the Agreement for the Trial Period. The Trial Period shall be subject to all provisions of these Terms of Use, also accordingly applicable to the conclusion of the Agreement and the effects of its termination or expiry, with the exception of the provisions related to the Fee and the Subscription Term.
  3. If the Services Recipient wishes to enjoy the Services further, then as of the day on which the Trial Period ends, he/she is obliged to pay the Fee indicated in the chosen Module. If the Services Recipient fails to pay the Fee, then the Agreement shall be automatically dissolved and access to the Services blocked.
  4. Subject to relevant provisions of these Terms of Use, within the frames of the Agreement we grant you the non-transferable, revocable, unlimited in terms of territory and non-exclusive license to use the Services for your own use and only within the frames of the functionalities of the Application or the Website, without the right to grant sublicences. No authorization, whether indicated expressly in the Terms of Use or implied, shall transfer any intellectual property rights belonging to TrackTime24 to you or to any third person. This license shall be granted to the User upon the acceptance of these Terms of Use, and shall be effective at all times as long as the Account is maintained. Unless it is stated otherwise, any subsequent versions, updates or other supplements of or to the functionalities of the Website or the Application shall be subject to these Terms of Use.
  5. The license and other rights granted to you by TrackTime24 shall be subject to the following restrictions: (a) you may not reproduce, disseminate, lease or dispose of or otherwise redistribute, whether directly or indirectly, against charge or free-of-charge, otherwise than through TrackTime24, elements of the Services, Application or the Website, (c) modify, compile, reformulate the Services, as well as use and develop the intellectual property belonging to TrackTime24 for the purpose of creating own products and services, (d) use the intellectual property belonging to TrackTime24 for a fraudulent purpose or to our disadvantage. Even if you use the Services, Website or the Application or the Website within the frames of fair use, you may not dispose them of their copyright’s markings and other proprietary notices. The same shall apply to copies.
  6. TrackTime24 may terminate the license with immediate effect if Services Recipient or User infringe its terms and conditions, what shall mean that you will not be able to use the Application or the Website and Services. In such a case no Fee will be refunded.
  7. We may modify our Services from time to time mainly for the purpose of retaining Users’ satisfaction with the Services and improving them. We reserve the right to modify, suspend or terminate the provision of Services (as a whole or in part), on which we may notify you before (this is however not our duty).
  8. You hereby declare that you are aware of and acknowledge the fact that TrackTime24 shall not guarantee you any technical support and therefore it is not obliged to provide you with any support, including technical support related to use of the Services, Application or the Website. No implied licenses shall be granted under these Terms of Use.

§ 3 APPLICATION

  1. Within the Application one may distinguish: (i) an application available as part of the Website; (ii) a mobile application, i.e. an application adjusted to operation of tablets or smartphones, enabling the use of certain working time recording functions available in the application available on the Website; (iii) a mobile Time Tracker application, i.e. an application adjusted to operation of tablets or smartphones, enabling the use of certain working time recording functions available by means of use of QR codes.
  2. You may download the mobile applications through online stores AppStore (for the iOS system) or Google Play (for the Android system). In order to install the Application, to update its functionalities and to enjoy them, you have to meet the following minimum technical requirements: a mobile device with installed iOS 10.0 or higher (for the Application downloaded from AppStore) or Android 4.0 or higher (for the Application downloaded from Google Play), which enables correct installation of the Application, an active e-mail account and a working camera (only for the function of the recording of working time by the Employee by using a QR code with a computer camera).
  3. The Application may be used offline, with a proviso that in order to install the Application and update the Services you shall additionally fulfill the requirement of the Internet access.
  4. The Application may send you reminders on a in the form of alerts. It is a functionality that you can modify or disable at any time.

§ 4 WEBSITE

  1. In order to enjoy all functionalities of the Website, you shall satisfy the following minimum technical requirements: a device with the Internet access which enables correct display of the Website interface, an active e-mail account, an installed and updated Internet browser of the standard equivalent to Chrome 26+, FireFox 20+, Internet Explorer 10+, Opera 15+, Safari 6+; enabled Cookies and JavaScript support, a computer camera (only for the function of geo-location for time tracking by the Employee by using a QR code with a camera).

§ 5 IMAGE

  1. During registration of the QR code your image may be recorded. We shall not use or disseminate your image, but it is stored in the Application and the Services Recipient may access it, whereby fixation of Employee’s image is subject to his/her prior consent.

§ 6 USER’S OBLIGATIONS

  1. You shall be liable for what is happening on and also through your Account. Please remember that unauthorized use of the Account may for instance affect your working time records or holiday requests. Therefore, you may not share it with third persons, and you shall be responsible for keeping your login and password confidential. If you notice that an unauthorized person uses or used your Account, then you shall immediately notify the Services Recipient or TrackTime24 on this. The Account shall be non-assignable and non-transferable.
  2. You undertake that by means of the Services, or within the frames of the Website or the Application, you shall not: (a) undertake any actions which may hinder or impede functioning of the Services, or use the Services in a manner onerous to other Users, (b) act to the disadvantage of the Services Recipient, third persons or TrackTime24, (c) infringe the terms and conditions of the Agreement, Terms of Use or applicable law, including local, state, regional, national law or other legal acts, statutes or ordinances, (d) disseminate worms, spyware or malware, use cracking or phishing, or act otherwise what would in a prohibited manner facilitate interfering in the provision of the Services or the security of their provision or Users’ data, (e) obtain in a prohibited manner Users’ personal data without their consent, or act in any other manner which may constitute an infringement of the privacy right of other Users.
  3. Your infringement of the rights to the Services may cause one the following reactions of TrackTime24: (a) warning addressed at the User, (b) blocking access to the Account, (d) removing the Account, (e) preventing the User from establishing the Account again. If the Account is removed, you shall not be entitled to reimbursement of the Fee.

§ 7 ACCOUNT

  1. In order to enjoy the Services you shall have an active Account, and if you are not the Services Recipient, we shall also have the concluded and active agreement with the given Services Recipient.
  2. In order to create the Account, you shall complete the registration procedure through the Application or the Website by providing necessary personal details indicated in the interactive Account registration form. By sending a request to create the Account, you declare and guarantee that: (a) details provided by you during registration are true, accurate and up-to-date and they will remain so throughout the entire term of your use of the Services, (b) your use of the Services is compliant with the law applicable in your country. The Services Recipients’ account will be assigned to him by TrackTime24. Upon your confirmation of the Account registration by means of an activation link sent to your e-mail address, the Agreement for operation of the Account shall be concluded between TrackTime24 and you for limited period of time, provided that you have met the conditions as required by the Terms of Use. The minimum Agreement term shall cover one Subscription Term.
  3. You may use the Account in the Application and on the Website at the same time.
  4. Your personal data shall be processed in accordance with the Privacy Policy. For a period, necessary for performance of the Agreement, and upon its termination—only if there is another ground for processing them.
  5. You may remove your Account at any time:
    • if you are the User different than the Services Recipient — upon consent and through given Services Recipient;
    • if you are the Services Recipient — along with termination of the Agreement or by means of termination of the Agreement.
  6. If the Account is removed, you shall not be entitled to reimbursement of the Fee.

§ 8 AGREEMENTS

  1. The Agreement may be free of charge or against charge. The free-of-charge Agreements shall be concluded between the Services Recipients as well as the Users other than Services Recipients and TrackTime24. The Agreements against charge shall be concluded between TrackTime24 and the Services Recipients.
  2. For the purpose of concluding the Agreement for the Trial Period, the Services Recipient shall complete the registration procedure by means of a form available on the Website. By sending the registration application, you declare that you act upon order of the Services Recipient and you are therefore duly authorized to act for and on behalf of the Services Recipient.
  3. Upon our confirmation of successful registration, the Agreement for the Trial Period, in this the agreement for operation of the Account, shall be concluded between the Services Recipient and TrackTime24, provided that you confirm your authorization and/or empowerment to create the Account and conclude the Agreement. If you are not authorized or empowered in the necessary scope, then the Agreement shall be invalid.
  4. Upon the lapse of the Subscription Term, the Agreement shall be automatically extended for another term corresponding to the lapsed Subscription Term, unless it has been terminated before. The provision provided for in the preceding sentence shall be applicable in the case of lapse of subsequent, extended Agreement terms.
  5. The Services Recipient may terminate the Agreement at any time with the effect as at the end of the Subscription Term applicable at the time of filing the termination notice, by sending an e-mail with a relevant declaration of intent pertaining to termination of the Agreement to TrackTime24. Termination shall become effective upon receipt of such declaration of intent by TrackTime24.
  6. As a result of termination of the agreement for operation of the Account and/or termination of the Agreement or its dissolution otherwise, any information provided to the Website in connection with the rendition of the Services for the account of the User shall be removed and the User shall irretrievably lose access to them. TrackTime24 at its’ sole discretion may provide the Services Recipient with downloading data collected during duration of the Agreement.

§ 9 PRICES AND PAYMENT

  1. Using the performed Services shall be subject to payment to the extent determined by the Pricelist and the objective scope of the Module chosen by the Services Recipient. The prices presented in the Pricelist are net prices.
  2. The Fee shall be paid in advance on a monthly or annual basis throughout the Agreement term.
  3. We shall be entitled to amend the terms prescribed by the Pricelist, what shall not constitute an amendment to the Agreement within the Subscription Term in which the Pricelist is amended. In the case of failure to terminate the Agreement in connection with the expiration of the Subscription Term, you shall become bound by a new Pricelist upon the beginning of the following Subscription Term.
  4. In the event of a change to the Agreement for which a lower Fee applies, the existing Fees are not refundable, and a return to the previous Agreement under which a higher Fee applies may only take place by changing the Agreement with the obligation to pay or conclude a new agreement with payment obligation.
  5. Provision of the Services after the Trial Period shall be initiated only upon prior payment of the Fee.
  6. Invoices shall be issued in electronic form and rendered available on the Services Recipient’s Account.
  7. If you fail to pay the Fee, upon the lapse of another payment date indicated in the Fee payment reminder sent to your e-mail address, TrackTime24 may block the relevant Module with the possibility to re-activate it upon settlement of the amount due. If the Services Recipient fails to settle the amount due within another period indicated by TrackTime24, TrackTime24 shall have the right to terminate the Agreement with immediate effect and to remove the Module.
  8. If you repeatedly fail to settle the amounts due, TrackTime24 shall have the right to remove the Account, without the right to claim reimbursement of the paid Fees.
  9. Payments are serviced by STRIPE PAYMENTS EUROPE, LIMITED, C/O A&L GOODBODY, IFSC, NORTH WALL QUAY, DUBLIN 1, Ireland, company number: IE 513174.

§ 10 TECHNICAL FUNCTIONALITY OF THE PLATFORM

  1. We shall make every endeavor to ensure the correct functioning of the Application and Website and undertake to ensure continuity of operation of the Services, subject to the provisions as stated below.
  2. The obligation mentioned above shall not cover events and their effects which are connected with: malfunction of software external towards the Application and Website which remain beyond TrackTime24’s control; problems caused by loss of data attributable to you or the Services Recipient; unauthorized interference of the User or third persons with the Application or the Website; events of Force Majeure; Technical breaks.
  3. If a break in the continuous availability of the Service exceeds 72 hours, then the Subscription Term within which such incident took place shall be extended, free of charge, by the period of such lack of availability.

§ 11 THIRD-PARTY LINKS AND ADS

  1. The Application may contain links to third-party sites or websites, as well as display advertising materials of third-party services or products (hereinafter: Third-party Links and Ads). Third-Party Links and Ads shall not be under the control of TrackTime24; therefore, TrackTime24 shall not be responsible for any Third-Party Links and Ads. Upon User’s consent expressed by means of appropriate browser, website or Application settings, TrackTime24, shall provide access to these Third-Party Links and Ads only as a convenience to you, and shall not review, approve, monitor, endorse, warrant, or make any representations with respect to, on behalf of or to the benefit of the Third-Party Links and Ads. You shall use the Third-Party Links and Ads at your own and sole risk; therefore, you should apply appropriate security means and exercise due care while doing so. Please remember that when you click on any of the Third-Party Links and Ads, the relevant terms of use and privacy policy applicable under such link shall become binding upon you.

§ 12 COMPLAINTS

  1. You shall have the right to file a complaint concerning operation of the Application or the Website and Services. A complaint should include at least details enabling identification of you as the complaining person and should state reasonable reservations and comments concerning the Application or the Website or the Services. You should send the complaint via e-mail to the following address: office@tracktime24.com or to the correspondence address of TrackTime24. If the complaint needs to be complemented, then we shall contact you with a request to complement it.
  2. We shall take a stance towards your complaint within 14 days from its receipt. TrackTime24 reserves the right to extend this time in special cases. You shall receive a response to the address from which you have sent the complaint, or to the address stated by you in the complaint form.

§ 13 DISCLAIMERS

  1. The Services shall be provided on an “as-is” basis and TrackTime24 shall expressly disclaim any and all warranties and conditions of any kind, whether express, implied or statutory. We make no warranty that the Application will meet your expectations, will be available on an uninterrupted, appropriate, secure or error-free basis, or that it will be error-free, reliable, free of viruses or other harmful software, complete, legal or safe. If the applicable law requires any warranties with respect to the provided Services, duration of all such warranties shall be limited to 90 days from the date of first use.
  2. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

§ 14 LIMITATION OF LIABILITY

  1. To the extent permitted by the law, in no event shall TrackTime24 be liable to you or third persons for any lost profits, lost data or any damage arising from your abiding by the Terms of Use or inability to use the Application or the Website, even if TrackTime24 is aware/has been advised of the possibility of such damage. In particular, we shall not be liable for any damage resulting from your use of the Services which is contrary to the usual use compliant with its intent or the idea of the Application. Access to and use of the Application shall be at your own discretion and risk.
  2. You hereby forever discharge TrackTime24 (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Website/Application (including any interactions with other Website/Application users or any Third-Party Links and Ads, or act or omission of other Website/Application users). IF YOU ARE A CALIFORNIA RESIDENT, IN CONNECTION WITH THE FOREGOING YOU HEREBY WAIVE THE RIGHTS ARISING OUT OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
  3. SOME JURISDICTIONS DO NOT ALLOW SUCH LIMITATION OR EXCLUSION OF LIABILITY, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. In such a case, TrackTime24’s liability shall be limited to intentional damage only and we shall not be liable for lost profits.

§ 15 TRANSFERRING PERSONAL DATA FOR PROCESSING

  1. The Services Recipient represents that being the personal data controller within the meaning of Regulation of the European Parliament and of the Council of 27 April 2018 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 (“GDPR”) with respect to the processed personal data, it is authorized to transfer them to TrackTime24 for processing.
  2. By means of the Application and the Website TrackTime24 shall process the personal data transferred by the Services Recipient in connection with the provision of services by electronic means. The Services Recipient undertakes that throughout the entire term in which it uses such personal data it shall keep the rights to them or guarantee the legal basis for their processing. The Services Recipient declares that the basis for processing of Users’ personal data is article 6(1)(b) of GDPR, i.e. the performance of the contract concluded with the given User and article 6(1)(c) of GDPR, i.e. implementation of the duties arising from legal provisions, with particular emphasis on labor law provisions.
  3. TrackTime24 guarantees that (taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of processing as well as the risk of infringement of rights or freedoms of natural persons of varying likelihood and severity) it has implemented appropriate technical and organizational measures to ensure a level of security of the personal data processing appropriate to the relevant risk. TrackTime24 further guarantees compliance with Article 28 clauses 2 and 4 of the GDPR.
  4. By accepting these Terms of Use and entering Users’ data, the Services Recipient shall transfer to TrackTime24 personal data for processing, which include first and last name, computer IP address, e-mail address, image (optionally), geolocation (optionally), phone number and other data necessary to use the functionalities of the Application and the Website (categories of data subjects: Users). Such personal data shall be processed by TrackTime24 only for the purpose of providing the functionalities of the Application and the Website.
  5. Some personal data, i.e. geolocation and image are entrusted for processing only if the Services Recipient or authorized User decides to process this data with Application’s functionalities.
  6. TrackTime24 shall process personal data of the Services Recipient only upon Services Recipient’s documented order. If a data subject directly requests TrackTime24 to change or erase his/her personal data, then TrackTime24 shall immediately refer such request to the Services Recipient.
  7. TrackTime24 ensures that only persons who have been granted the updated authorizations as specified in the provisions of the GDPR by TrackTime24 and who have been trained in the scope of methods of securing the processing of data according to the new standards may have access to the data TrackTime24 processes on behalf of the Services Recipient. TrackTime24 also ensures that the persons authorized to process personal data undertake to keep secret the personal data as well as the methods of securing them, or that such persons be subject to the statutory confidentiality obligation, as well as undertake to abide by the provisions of the GDPR and other domestic regulations issued on the basis thereof.
  8. TrackTime24 shall immediately provide the Services Recipient with any information necessary to prove the fulfilment of the obligations prescribed by the generally applicable legal provisions in the scope of personal data protection, and TrackTime24 shall enable the Services Recipient, as the data controller, or a professional auditor authorized by the Services Recipient in the scope of audits to carry out audits, including inspections, and shall contribute thereto.
  9. Taking into account the nature of processing, TrackTime24 shall provide data controllers with assistance by appropriate technical and organizational measures, insofar as this is possible, for the purpose of fulfilling the obligation to respond to requests for exercising the data subject's rights laid down in the GDPR. TrackTime24 shall also assist the controllers in fulfilling the obligations prescribed in Articles 32 to 36 of the GDPR, taking into account the nature of processing and the information available to TrackTime24.
  10. TrackTime24 undertakes to notify the Services Recipient on any breaches connected with the processing of data. In particular, TrackTime24 undertakes, immediately but no later than within 36 h from being advised thereon, to inform the Services Recipient on any events which may give rise to Services Recipient’s liability as the data controller, on the basis of the generally applicable provisions related to protection of personal data.
  11. Personal data entrusted for processing may be transferred to a third country, i.e. the United States of America, to use services provided by Microsoft Corporation or another entity providing adequate data protection. In this case, the transfer of personal data is based on the EU-US privacy shield and the regulations for the provision of services located at https://azure.microsoft.com/en-us/support/legal.
  12. TrackTime24 may transfer the personal data transferred by the Services Recipient for processing to other entities for the purpose of implementing the functionalities of the Application and the Website and within the frames of internal Services Recipient service processes, i.e. to a development company and to a hosting provider (general consent).
  13. TrackTime24 shall notify the Services Recipient on any planned changes involving engagement or replacement of other processors, at least 7 (seven) business days before such other processor commences processing, thereby enabling the Services Recipient to object to the use of another processor by TrackTime24. In the absence of such objection, the Services Recipient is deemed to have given its consent to such change.
  14. TrackTime24 undertakes to ensure that the provisions of the agreement concluded with the entity to which TrackTime24 transfers personal data transferred for processing reflect the provisions related to data protection as agreed upon between TrackTime24 and the Services Recipient in these Terms of Use and the GDPR recommendations in this scope.
  15. TrackTime24 declares that he will further entrust the processing of personal data only to entities that ensure compliance with the provisions of the GDPR and provide adequate protection of the data entrusted to them.
  16. TrackTime24 shall process the transferred data only for the period for which the Services Recipient maintains the account in the Application and the Website. At the choice of the Services Recipient, TrackTime24 shall delete or return all the personal data to the Services Recipient after the end of the provision of services relating to processing for the account of the Services Recipient, and shall delete any existing copies thereof unless the law of the European Union or a relevant Member State requires TrackTime24 to store the personal data.
  17. The Service Recipient declares that he is aware that in some cases, after a separate consent of the given User, TrackTime24 may become the controller of the User's personal data, to the extent resulting from the consent given by the given User.

§ 16 AMENDMENT TO THE TERMS OF USE

  1. TrackTime24 may amend these Terms of Use for material reasons, whether legal (amendment of generally applicable law or change of the organizational form of TrackTime24) or technical (modernization of the Application or the Services, change of the operation manner of the Application or the Services). You shall be notified on any amendment to these Terms of Use along with the reasons for such change via e-mail sent to the address at which your Account is registered 7 (seven) days before the new Terms of Use come into effect. If you fail to terminate the Agreement within this period, this shall be tantamount to your acceptance of the new version of the Terms of Use which shall be binding upon you.

§ 17 DISPUTE RESOLUTION AND ATRBITRATION

  1. THESE TERMS OF USE SHALL IMPOSE AN OBLIGATION TO SUBMIT TO ARBITRATION RATHER THAN TO JURY TRIALS OR CLASS ACTIONS TO RESOLVE DISPUTES AND SHALL ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. Any disputes arising out of or related to the use of the Application or the Website shall be finally settled pursuant to the Rules of Arbitration of the Court of Arbitration at the Polish Chamber of Commerce in Warsaw applicable as at the day of filing the motion for arbitration. The proceedings shall be conducted in English by one or more arbitrators appointed according to these rules. The Parties, their representatives, any other participants and arbitrators shall be subject to confidentiality obligation with regard to the existence, subject matter and result of the arbitration. The arbitrator’s decision shall be final and binding. These Terms of Use shall allow settlement of disputes by means of arbitration only. Even if the governing law states otherwise, the user agrees and waives the right to participate in a group action.

§ 18 GENERAL

  1. The governing law for liabilities resulting from the Agreements shall be Polish law. The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply.
  2. If any provision of these Terms of Use proves invalid in part or entirely, then the other provisions shall remain effective, whereas the remaining part of the Terms of Use shall be interpreted in such a manner so as its legal effect and economic implications to the highest extent correspond to those of the invalid provisions.
  3. If we fail to exercise any of our rights resulting from these Terms of Use, this shall not mean that we have waived them.
  4. TrackTime24 ensures that the rules for the processing of personal data entrusted to him by the Services Recipient will not change to the extent to which such a change would adversely affect the level of protection of such data.
  5. These Terms of Use and your rights and obligations prescribed by them may not be assigned, subcontracted, transferred, or otherwise conveyed by you without prior written consent of TrackTime24, and any attempts to assign, subcontract, transfer, or convey them undertaken in violation of the foregoing shall be ineffective. TrackTime24 may at its own discretion assign these Terms of Use. The terms and conditions prescribed in these Terms of Use shall be applicable to assignees.
  6. Headings of particular sections shall be for reference purposes only and shall not be legally binding.
  7. The word “including” shall mean “including without limitation”.
  8. The Privacy Policy, available below, shall be an integral part of these Terms of Use.
  9. These Terms of Use shall be effective as of 2020-06-03