Rules, Regulations & Privacy Policy for Effect Factor Internet Portal.

DEFINITIONS

  1. These Regulations define the terms of use of the Effect Factor Internet portal and the rules of provision of services thereunder, in particular the rights and obligations of those registered as Effect Factor users.
  2. Any references hereinafter to:
  • The Operator shall be deemed to mean a company acting under the business name of Llidero Sp. z o.o. with its registered seat in Poznań (address: Garbary Street, 56 premises 12; 61-758 Warsaw, Poland), entered in the Register of Entrepreneurs of the National Court Register kept by the District Court for the Capital City Poznań, VIII Commercial Division of the National Court Register, under KRS number 0000348388, NIP: 7773148234, REGON identification number: 301358444, with a share capital of PLN 5000.00 paid in full.
  • The Site shall be deemed to mean the Internet portal Effect Factor, operating under the URL app.effectfactor.net, managed by the Operator, under terms and conditions defined in the following the Regulations.
  • The User shall be deemed to mean any person with full legal capacity, who has accepted the Regulations and thus acquired access to the Services. Also, any legal person or an organizational unit other than body corporate yet given legal personality by the act, who uses the Services provided by the Operator, shall be considered a User.
  • The Login shall be deemed to mean an individual and E-mail address, serving as an unrepeatable User ID for the Site.
  • The Password shall be deemed to mean a string of at least 5 characters defined by the User and assigned to the User. The Password shall be required for the User to sign in to the Site.
  • The Account shall be deemed to mean a set of services provided by the Site along with the Users specific settings, enabling the User to use the Site.
  • The company shall de deemed to mean the set of all accounts created within a single company.
  • The Trial Period shall be deemed to mean an Operator-defined set of 14 (fourteen) consecutive days, starting with the Registration day, over which the Accounts functionality is made available to the User free of charge to an extent representative to the offered Services, depending on the Operator.
  • The Billing Cycle shall be deemed to mean a period of time of the Account activity, for which the User is to pay the Subscription Fee; the Period may be a month or any multiple of it.
  • The Subscription Fee shall be deemed to mean a total charge for having the Account in the Billing Cycle; it shall amount to a total set forth in the Subscription Plan.
  • The Subscription Plan shall be deemed to mean a variant of the Account activity selected from those available in the Pricelist published at effectfactor.net/pricing and appended as Appendix no. 1 hereto.
  • The Pricelist shall be deemed to mean an offer, presenting a set of options and prices for the Subscription Plans of the Site as well as for the Account Limits Extension, appended as Appendix no 1 hereto, also available at effectfactor.net/pricing.
  • The Registration shall be deemed to mean a single act, when the User opens the Account using a registration form, provided by the Operator on one of the pages of the Site.
  • The Report shall be deemed to mean a set of data gathered on the Site using parameters predefined by the User or the Site, created as part of the Sites functionality.
  • The Service(s) shall be deemed to mean Service or Services rendered by the Operator under the terms and conditions set forth in the Regulations.
  • The Account Settings Panel shall be deemed to mean the Sites subpage, where the Account Administrator can edit the Accounts settings.
  • Indicators shall be deemed to mean major indicators such as: Effect Factor Score, Quality Factor Score and Recomendation Factor Factor Score and all the analytical indicators supporting the main indicators.
  • The event shall be deemed to mean full-time trainings, on-line trainings, conferences or studies or other developmental events, for which the Effect Factor survey method could be applied.
  • The survey shall be deemed to mean a one-time questionnaire sent to participants and their managers. Normally, each event includes surveys.
  • The Agreement shall be deemed to mean an agreement for e-services made by and between the User and the Operator by means of the Users acceptance of the Regulations, with contents equivalent to that of the Regulations.
  • The Regulations shall be deemed to mean these regulations.

GENERAL PROVISIONS

    1. The Regulations define the rules for the use of the Site and the Services offered by the Operator, as well as specify the rights and obligations of both the Operator and the User.
    2. The Owner of the Site and the provider of the Services specified in the Regulations is the Operator.
    3. Using the Site and based on the terms specified in the Regulations, the Operator provides Services of monitoring of any brand, product, or topic on the Internet, in the scope resulting from the Subscription Plan and the Account Limits Extension selected by the User.
      • Collection of data on events and opinions about them in the form of a voluntary questionnaire;
      • The evaluation of events through generated by the system based on the above data indicators
      • Creating reports, statements and analyses based on the above indicators;
      • Archiving the effectiveness testing and quality results of the events and the ratio of their recommendations;
      • Notifying trainees and their superiors about new surveys;
      • Creating the possibilities of generating and comparing survey results against the results of surveys of other users.
    4. Account and Services offered by the Site may only be accessed by Users who have completed Account Registration in the manner specified in the Regulations, or gained access to the Account assigned by the Account Administrator, in accordance with the Regulations.
    5. The Site and the Services provided by the Operator may only be used subject to acknowledgment of the Regulations. The Registration is tantamount to confirmation by the User that s/he has read, understood and accepted the terms set out in the Regulations.
    6. The Operator reserves the right to limit access to certain services offered through the Website for users who do not meet the condition specified by the Operator. Restrictions regarding the possibility of accessing the selected Services will be available respectively on the Website.
    7. The Operator reserves the right to outsource the support of the Site to a third party. The User hereby acknowledges this by accepting the provisions of the Regulations.
    8. Minimum technical requirements of the Users computer system to use the Site:
      • CPU 1000 MHz;
      • RAM: 512 MB;
      • Internet connection;
      • Browser:
        • Internet Explorer 8.0 or newer
        • Firefox 3.6 or newer
        • Opera 9.0 or newer
        • Cookies enabled
        • Plugin Flash 9.0, or later, respectively;
        • JavaScript enabled
    9. The Operator shall make all effort for the Service-related data online transactions to be secure, understood as that the information is transferred observing its confidentiality, integrity and completeness.
    10. The Operator shall not be held liable for technical problems or limitations regarding the IT hardware on the User end, which may render it impossible for the User to use the Site and/or any Services provided thereby.

SITE ACCOUNT REGISTRATION

  1. The Operator hereby informs the Services may be accessed upon registration of the Account on the Site, including the provision of the Users required personal data, as described in this chapter of the Regulations, as well as the fulfilment of other conditions specified in the Regulations.
  2. The User Registration on the Site, and thus the opening of the Account, is done through completing the registration form provided on one of the pages of the Site, by the User filling in appropriate boxes of the form and clicking the “Forward” button.
  3. The minimum following data shall be required from the user to be completed in the registration form.
    • First and last name.
    • Name of the Account
    • Users e-mail address;
    • Users passwords (Password);
    • Company name

    The Operator reserves the right to extend the registration form by adding new fields.

  4. After registration the User receives an e-mail containing an activation link at the e-mail address indicated in the registration form. Opening the User activation link in the web browser is necessary to activate the User Account and gain access to the Services.
  5. Upon activation of the Account, the User is free to use the Service free of charge throughout the pre-defined Trial Period. Upon its conclusion, in order to continue to use the Account, the Account Administrator is required to complete the Registration and to pay for the Subscription Plan of his/her selection.
  6. After the Trial Period the User has the right to use the Subscription Period. To that end the User must choose a Subscription Plan for his/her account and perform full registration – enter the corporate data necessary to issue an invoice.
  7. If the User decides to take advantage of the Subscription Period, the Operator is required within 3 working days from the date of selection of the Subscription Plan and receiving of the data referred to in paragraph 6, to make available to the User in the User Panel the VAT PROFORMA invoice for the Services provided. From the moment of receiving the payment the Operator has 7 working days to provide the VAT invoice in the User’s Panel.
  8. Should the User pay the Subscription Fee within 14 days after the freezing of the Account, his/her access to the account will be immediately unfrozen. Ineffective expiration of the 14 days term, counted from the day when the Users access to the Account was locked shall result in automatic deactivation of the Account and termination of the Agreement. The day when the Operators bank account is credited shall be considered the payment day.
  9. Payment of the Subscription Fee within the time specified in the VAT PROFORMA invoice delivered to the User will start the new Subscription Period.
  10. The contract shall be terminated at the end of the Subscription Period, subject to the contents of paragraph 8 above. If the user makes a declaration of termination before the end of the subscription period, he can use the Account and the Services until the end of the paid Subscription Period.
  11. Upon the Registration, the User becomes obligated to provide information which is correct, accurate and up-to-date, not misleading and not in any way altering the rights of third parties. In addition, the User shall be responsible for keeping the Password in confidentiality. The User holds exclusive liability for the content of any information submitted. The operator hereby informs that any content uploaded or any orders made, in particular regarding the Account Limits Extension, by any third parties signing in using the Users Login and Password shall be attributed to the User.
  12. The only way for the User to access the User Account and use the Services provided by the Operator via the Site is to sign in to the Site using the correct Login and Password.
  13. The Operator reserves the right to terminate access to the Service during the Trial Period if:
    1. The Operator has justifiable doubt that the User has activated the Account again, after removing his/her Account due to the expiration of the Trial Period;
    2. It will be shown that the User used the Account and the Services in breach of the Regulations.

SITE RULES OF USE

  1. The Operator reserves the right to modify the technical manner of rendering of the Services, in line with the scope and conditions arising from the authority held, and also according to the technical capabilities.
  2. In order to ensure the security of transmission of messages and in relation to the Services rendered, the Operator shall take technical and organizational measures adequate to the degree of threat to the security of the Services.
  3. The User is in particular obligated to:
    • use the Site in a way that does not distort its functioning, in particular through the use of certain software and/or hardware;
    • to refrain from actions such as: sending or posting on the Site unsolicited commercial information, as defined in the Act, dated 18 July 2002, on rendering electronic services (Journal of Laws of 2002 No. 144, item 1204, as amended), IT activities of any other activities aimed to acquire possession of information not intended for the User;
    • use the Site in a manner consistent with the laws in force in the Republic of Poland as well as with the provisions of these Regulations;
    • not to upload and not to publish on the Site any content prohibited by applicable laws;
    • use the Site not causing inconvenience to other Users and for the Operator, with respect to everyone’s personal rights (including the right to privacy) and any other of their rights;
    • Use any content published on the Site solely to the Users own internal and personal use. Using the content in any other way shall be permissible only on the basis of an explicit consent granted by a dully authorized person; in the case of citation or publishing of any information obtained in relation to the provision of the Services by the Operator, the User shall be obligated to always provide the source of the data acquired, using the following suggested format: “*Source: Effect Factor”.
  4. The Operator shall not assume any liability for infringement of third party rights, or any loss of third parties as a result of or in connection with activities carried out by the User with the use of any data collected by the User in connection with the Service provided.
  5. The Operator shall not be held liable for any content obtained in the course of provision of the Service to the User or any damage it might cause.
  6. The operator is not liable pursuant to art. 12-14 of the Act of 18 July 2002. on the provision of electronic services (Journal of Laws of 2002., No. 144, item. 1204, as amended.).
  7. The User is obligated to notify the Operator immediately in case of any violation of his/her rights under your use of the Site, as well as on any breach of the rules set out in the Regulations.
  8. The Operator hereby reserves the right to limit or deny access to any or all of the Services offered through the Site, effective immediately, to any User who violates the provisions of the Regulations, and in particular:
    • in course of the Registration or in the process of completing it, s/he provided data which was incorrect, inaccurate or outdated, misleading or violating the rights of third parties;
    • used the Site, directly or indirectly, to infringe personal rights, in particular the personal rights of other Users;
    • displayed other behaviors that are considered by the Operator reprehensible, inconsistent with applicable laws or general rules of the Internet, contrary to the objectives of the creation of the Site or detrimental to the good name of the Operator.
  9. Any person deprived of the right to use the Site shall not be allowed to re-register without a prior consent of the Operator.
  10. The Account Owner has the right to ask The Operator to delete the Account at any time when the Site is accessible; however, should that be the case, all the information contained on the Site and related to the Users Account will become unavailable to the User. By removing the Account, the User waives any further use of any paid Services on the Site.

FEES

  1. Using the Services provided by the Operator through the Site is subject to payment, with the exception of the Services provided in the Trial Period.
  2. Details of the Subscription Fees and parameters of individual Subscription Plans can be found in the Pricelist appended as Appendix No. 1 to the Regulations and posted on the site at effectfactor.net/pricing/
  3. Subscription Fees are paid in advance for subsequent Billing Cycles, unless the separate agreement states otherwise.
  4. Day of the month, which will be considered the date of commencement of the Billing Cycle shall be the date when the first payment is posted. The Billing Cycle ends with a date that corresponds to the commencement day on which the given Billing Cycle started; if such day does not occur in the following month, the Period with end on the last day of the current month.
  5. The Subscription Fee can be paid via bank transfer, credit or debit card or an online payment system.
  6. The Account Administrator can use the Account Settings Panel to access information on how to make the Subscription Fee payable.
  7. Correctly made Subscription Payment will be recorded by the Service up to 3 working days after posting the transfer to the bank account of the Operator.
  8. The Accounts Administrator may request the Site to change the Subscription Plan. Change of the Subscription Plan shall be effective as of the date when the Account Administrator pays the fee for the activation of the new selected Subscription Plan reduced proportionally by the number of days that have passed since the start of the current Billing Cycle. The amount of the fee will be presented to the Account Administrator in the Account Settings Panel. If the new Subscription Plan will be cheaper than the old one, the change will be made effective on the first day of the new Billing Cycle.
  9. Any changes in the Subscription Fees Pricelist shall be announced at effectfactor.net/pricing/ and shall not become applicable to the Account Owner until the following Billing Cycle, but never earlier than 7 days after the announcement.

DOWNTIME

  1. The Operator is entitled to temporary downtime in the operation of the Site and breaks in provision of the Services due to technical reasons.
  2. The Operator shall make every effort for the technical breaks to occur at night and as shortly as possible.
  3. For any technical difficulties lasting in excess of 24 hours at a time, the Account Owner shall have the right to apply to the Operator with a request to extend the Billing Cycle, during which the technical difficulties occurred, by the same period as the downtime lasted.
  4. The operator shall not be held liable to the Users for nonperformance or misperformance of the Services for reasons attributable to third parties (including telecommunications network operators) or caused by force majeure.

PERSONAL DATA PROTECTION

  1. Upon acceptance of the Regulations, the User agrees for the Operator to process his/her personal data provided at the Registration and the Registration completion, under the terms of the Regulations. The subject of the processing may also be the personal data provided by the User after the Registration, should the need to provide it arise from the Regulations or if the data changed after the Registration.
  2. The personal data administrator will be the Operator who processes the personal data in accordance with the law, in particular with the provisions of the Personal Data Protection Act dated 29 August 1997 (consolidated text, Journal of Laws from 2002, No. 101 item 926, as amended) and the Act of 18 July 2002 on rendering electronic services (Journal of Laws from 2002 No. 144, item 1204, as amended).
  3. The Users personal data shall be processed by the Operator to establish, shape, amend or terminate the legal relationship between the User and the Operator, as well as to document the sale of Services to the User with his/her access to the System in the pre-selected scope.
  4. The Operator is obligated to implement technical and organizational measures to protect the processing of the Users personal data adequate to the risks and to the category of data to be protected. In particular, the data should be protected against unauthorized disclosure, takeover by an unauthorized person, processing in violation of the law, modification, loss, damage or destruction.
  5. The Operator shall ensure that special attention is to be applied in order to protect the interests of the User. The Operator shall also ensure that the received personal data of the User is to be:
    • processed in accordance with the law;
    • taken for specified and legitimate purposes and not subject to further processing incompatible with those purposes;
    • substantively relevant and adequate in relation to the purposes for which they are processed;
    • stored in a form allowing identification of data subjects, however, not longer than it is necessary to achieve the purpose of the processing.
  6. The Operator shall reserve the right to disclose selected information concerning the User to competent authorities or third parties upon request for such information, based on an appropriate legal basis and in accordance with the applicable laws.
  7. The Operator declares that cookies are used in order to collect information related to the provision of the Services. These are files that the Operators server saves on the Users computer so that User could be “recognized” at each successive visit to the Account. The cookies do not interfere with operation of the computer used by the User to access the System and the User is free to disable cookies through the options menu in the web browser. However, disabling cookies may adversely affect the Site usability (e.g. it may prevent the use of specific functions, or prevent receiving personalized information when using the Site). Cookie files allow:
    • keeping the User signed in throughout the session (after the initial signing in) so that the User is not requested to sign in with their Login and Password moving from one subpage of the Site to another;
    • building the statistics for the Sites subpages.
  8. Every User reserves the right to access, correct and amend their personal data, as well as the right to request that their data processing be discontinued or the data deleted; these require an application in writing to the Operator. Should the deletion regard the data determining the use of the Site and Services provided through it, the User shall lose the ability to use the Services, rendering this equivalent to the removal of the User Account.
  9. Should the User upload to the Site any personal information of other people (including their names, telephone number or e -mail address), this may be done only at the Users own risk and subject to non-infringement of applicable laws and/or personal rights of these people.
  10. The Operator declares that he will apply all diligence to ensure Users with a high level of security in using the Site. Any events effecting the security of information transmission, including suspicion of sharing files containing viruses or other files of similar nature, should be reported to the Operator using the address [email protected].
  11. The Operator informs the user acknowledges that any notifications, information and other messages from the Operator, related to the provision of the Service, shall be sent using electronic mail to addresses provided in the User Registration form and in Account Settings Panel.
  12. The operator will have the right to use the User’s name and the logo in the context of the Operator’s marketing communications only in terms of pointing to the fact that the User uses the Effect Factor, and in that the operator will have the right to put the User’s name and logo on his reference list.
  13. The User will be entitled to use the name and logo of the Service within the User’s marketing communications, in this the User will have the right to put the name and the logo of the Service in the User’s reports.

CLAIMS AND COMPLAINTS

  1. Any complaints relating to the provision of the Services by the Operator as well as questions regarding the use of the Site should be addressed to the e-mail address [email protected] or to the mailing address: Llidero Sp. z o.o., ul. Garbary 56/12, 61-758 Poznań with a reference mark „Complaint”.
  2. The complaint letter should contain: name and surname – in the case of a natural person or the business name – in the case of a legal person or an organizational unit other than a legal person, however recognized as having legal personality under the Act. Also, the letter should contain the Users Login, the exact address of seat or residence, optionally the mailing address, should it be different from the address of seat or residence, the email address provided during the Registration, and a detailed description and reason of the complaint.
  3. The Operator refuses to consider any complaints resulting from non-compliance with the Regulations.
  4. The operator shall consider the complaint within 14 business days from the date of its reception and shall immediately inform the User by e-mail as to how it is to be dealt with. Should the information given in the complaint letter require further supplementation, the Operator shall request so prior to move to the complaint consideration. The time required by the User to provide the supplementary information shall accordingly extend the complaint processing period.
  5. The consideration of the complaint by the Operator shall be considered final.
  6. All other notes, comments and questions concerning the operation of the Site may be directed by email to: [email protected]

CLOSING PROVISIONS

  1. The Operator reserves the right to transfer all or part of the rights and obligations arising from the Regulations onto a third party or entering into outsourcing contracts related to them; the User hereby agrees to it by becoming bound by the Regulations. The User may not assign or waive any rights or obligations under the Regulations without a written consent from the Operator.
  2. The Users can get access to the Regulations free of charge at any time via a link found on the home page of the Service, in a form that allows downloading, saving and printing.
  3. The Operator stipulates, that the Site and any of its graphic elements of the Operator, the Operator logos, navigation solutions, selection and layout of the Site-presented content are protected with the exclusive rights of the Operator.
  4. In matters not covered by these Regulations, the Polish law shall apply, and in particular the provisions of the Civil Code and other acts of law.
  5. The operator shall reserve the right to alter the Regulations at any time. The User shall become bound by the new wording of the Regulations after accepting it within 7 days from the date of notification of the amendment, however never earlier than as of the beginning of a new Billing Cycle. In situation when User does not accept changes in Regulations, the agreement will be dissolved on the last day of paid Billing Cycle.