- Account - a service provided by electronic means by TrackTime24; a modifiable part of the Application or the Website individually assigned to you; The Account shall enable you to use other Services
- Employer - The User concluding the Agreement with us
- Fee - a monthly or annual subscription fee specified in the Pricelist whose amount depends on the selected Module
- Maintenance Break - a break in access to the Website related to the necessity of carrying out maintenance or modernisation works which prevents or hinders the use of Services
- Module - a variant determining the objective scope of the Service
- Parties - Employer and TrackTime24
- Pricelist - a statement of prices presenting in a comparative manner the Fees and their objective scope
- 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
- Subscription Term - a one-year 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 Employer’s liability under the Agreement
- Trial Period - a period of Service provision for which the Employer is not obliged to pay the Fee
§ 1 PRELIMINARY PROVISIONS
- 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.
- 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.
- You are not allowed to provide content of unlawful nature.
- 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.
- The Parties, through a consistent statement, may vary the scope of the Services and payments. Such an agreement must always be confirmed by TrackTime24.
§ 2 SERVICES
- 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.
- If the Employer 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 Employer fails to pay the Fee, then the Agreement shall be automatically dissolved.
- The licence 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 copyrights markings and other proprietary notices. The same shall apply to copies.
- TrackTime24 may terminate the licence with immediate effect if you infringe its terms and conditions, what shall mean that you will not be able to use the Application or the Website and Services.
- 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).
§ 3 APPLICATION
- 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.
- 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).
- 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.
- The Application may send you reminders on a lesson in the form of alerts. It is a functionality that you can modify or disable at any time.
§ 4 WEBSITE
§ 5 IMAGE
- 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 Employer may access it, whereby fixation of Employee’s image is subject to his/her prior consent.
§ 6 USER’S OBLIGATIONS
- You shall be liable for what is happening on and also through your Account. Please remember that unauthorised 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 Employer or TrackTime24 on this. The Account shall be non-assignable and non-transferable.
- 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
- In order to enjoy the Services you shall have an active Account, and if you are not the Employer, we shall also have the concluded and active Agreement with your Employer.
- You may use the Account in the Application and on the Website at the same time.
- You may remove your Account at any time:
- if you are the Employee—upon consent and through your Employer;
- if you are the Employer—along with termination of the Agreement or by means of termination of the Agreement.
- If the Account is removed, you shall not be entitled to reimbursement of the Fee.
§ 8 AGREEMENTS
- The Agreement may be free of charge or against charge. The free-of-charge Agreements shall be concluded between the Employees and TrackTime24. The Agreements against charge shall be concluded between us and the Employers.
- For the purpose of concluding the Agreement for the Trial Period, you 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 Employer and you are therefore duly authorized to act for and on behalf of the Employer.
- 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 Employer and TrackTime24, provided that you confirm your authorisation and/or empowerment to create the Account and conclude the Agreement. If the User is not authorised or empowered in the necessary scope, then the Agreement shall be invalid.
- 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.
- The Employer 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.
- 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.
§ 9 PRICES AND PAYMENT
- 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 you. The prices presented in the Pricelist are net prices.
- The shall be paid in advance on a monthly or annual basis throughout the Agreement term.
- 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.
- 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.
- Provision of the Services after the Trial Period shall be initiated only upon prior payment of the Fee.
- Invoices shall be issued in electronic form and rendered available on the Employer’s Account.
- 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 Employer 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.
- 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.
- Payments are serviced by PayLane sp. z o.o. which is located in Gdańsk at ul. Arkońska 6/A3, zip code: 80-387, company number: 0000227278.
§ 10 TECHNICAL FUNCTIONALITY OF THE PLATFORM
- We shall make every endeavour 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.
- 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 Employer; unauthorised interference of the User or third persons with the Application or the Website; events of Force Majeure; Technical breaks.
- 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 exceeding 24 hours.
§ 11 THIRD-PARTY LINKS AND ADS
§ 12 COMPLAINTS
- 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: email@example.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.
- 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
- 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.
- 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
- 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.”
- 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
- The Employer 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 authorised to transfer them to TrackTime24 for processing.
- By means of the Application and the Website TrackTime24 shall process the personal data transferred by the Employer in connection with the provision of services by electronic means. The Employer 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. In particular, if legal provisions require so, the Employer shall always have valid consent of relevant persons to process their data.
- 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 organisational 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.
- TrackTime24 shall process personal data of the Employer only upon Employer’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 Employer.
- TrackTime24 ensures that only persons who have been granted the updated authorisations 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 Employer. TrackTime24 also ensures that the persons authorised 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.
- TrackTime24 shall immediately provide the Employer 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 Employer, as the data controller, or a professional auditor authorised by the Employer in the scope of audits to carry out audits, including inspections, and shall contribute thereto.
- Taking into account the nature of processing, TrackTime24 shall provide data controllers with assistance by appropriate technical and organisational 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.
- TrackTime24 undertakes to notify the Employer 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 Employer on any events which may give rise to Employer’s liability as the data controller, on the basis of the generally applicable provisions related to protection of personal data.
- In the case of processing the transferred personal data beyond the EU, TrackTime24 shall provide the Employers with a copy of approved documents which prove the legality of such activity (e.g. a document of concluded standard contractual clauses applicable in the agreement with the so-called sub-processor).
- TrackTime24 may transfer the personal data transferred by the Employer for processing to other entities for the purpose of implementing the functionalities of the Application and the Website and within the frames of internal Employer service processes, i.e. to a development company and to a hosting provider (general consent).
- TrackTime24 shall notify the Employer 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 Employer to object to the use of another processor by TrackTime24. In the absence of such objection, the Employer is deemed to have given its consent to such change.
- TrackTime24 shall process the transferred data only for the period for which the Employer maintains the account in the Application and the Website. At the choice of the Employer, TrackTime24 shall delete or return all the personal data to the Employer after the end of the provision of services relating to processing for the account of the Employer, 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 DISPUTE RESOLUTION AND ATRBITRATION
§ 18 GENERAL
- 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.
- Headings of particular sections shall be for reference purposes only, and shall not be legally binding.
- The word “including” shall mean “including without limitation”.