Allgemeine Nutzungsbedingungen und Datenschutzerklärung
The present Terms and Conditions specify the general conditions, type and scope of services provided, and the rules for use and functioning of the Service.
The Service is available through Internet network and the gowork.comwebpage as a IT-system resource, with GOWORK.PL SERWIS PRACY Sp. z o.o.being its administrator.
The provisions of the present Terms and Conditions, together with legislation of the Republic of Poland are the exclusive source of rights and obligations of Users, and the rights, duties, and scope of responsibility of Service Provider.
The Service Provider provides Services in electronic form, as per the present Terms and Conditions.
The Service Provider gives Users access to Terms and Conditions prior to conclusion of Service agreement. The User shall not be bound by provision of Terms and Conditions, which were not made available to him/her in the aforesaid manner. The Service Provider will grant the User the right to access, retrieve and record the Terms and Conditions at any time, free of charge.
The meaning of words used in Terms and Conditions is defined below, and shall be construed as follows:
The Service Provider - GOWORK.PL SERWIS PRACY Sp. z o.o., Warszawa, Żurawia 47.
Content administrator - GOWORK.PL SERWIS PRACY Sp. z o.o., Warszawa, Żurawia 47., an entity that is not an administrator of personal data, but acts pursuant to personal data processing agreement. It is responsible for the processing of some of personal details (e.g. saving, copying, modification, deletion of content).
Service – Internet service administered by the Service Provider, which provides an Internet platform for cooperating companies and service users, as found at the following address:gowork.com
Services – all services provided to Users electronically by the Service Provider to the Users, based on the present Terms and Conditions.
Service Specification – characteristic and conditions of paid services, as individually agreed with User
Moderator – the task of moderator is to get to know the companies and actively add information in threads, in the “opinions about the employer” tab.
User – every natural or legal person, or an entity that having no legal personality can act legally, who uses the Services of the Service.
Guest – a person visiting the Service website, entitled to use some specific functionalities of the Service.
Terms and Conditions – the present document issued pursuant to art. 8 s. 1 of the act of 18 July 2002 on provision of electronic services, available here gowork.com
Personal Data – information gathered during the Service registration process that allow for identification of a natural person, processed by the Service in the scope required to conclude, shape the content, amend, terminate the agreement and perform the services, and also for other purpose, provided appropriate consents are granted.
Electronic address – marking of IT system that allows for electronic communication, and in particular the electronic mail address (e-mail address).
Commercial information – every information designed to promote the services or image of a business, directly or indirectly, excluding the information required for electronic communication with respective person and information about services that have no commercial purpose required by the respective business.
IT system – the system of cooperating IT devices and software that allows for processing, storage, and also sending and receiving data from communication networks with aid with appropriate end user devices, as defined by the Telecommunication law act.
Electronic services – provision of services performed by sending and receiving data with use of IT systems on individual demand of the User, without the need for simultaneous presence of both parties concerned, where data is transmitted with use of public networks, as defined by the Telecommunication law act.
Electronic communication means - technical solutions, including IT devices and cooperating software tools, that allow for individual remote communication with use of transmission of data between IT systems, and electronic mail in particular.
Cookies – short text files used by Services of Provider to store information on the hard drive of the User computer. The information stored in “cookie” files can be retrieved by Provider’s Services when the computer is used again to connect with this service, but it also can be accessed by other servers and Internet users.
IP address – individual number assigned to every network-connected computer.
§3. General provisions
The main objective of the Service is to allow Users to initiate and keep contacts with other Service Users in order to exchange information, comments and opinions, and use the information and material published in the Service.
The use of the Service is subject to limitations and terms indicated in the Terms and Conditions.
All intellectual property rights to the whole Service or any of its parts are the property of Service, excluding those being separate property of other developers, distributors and service providers, and subject to copyright protection. Same applies to all materials that the Users receive in the Service electronically, and in particular by e-mail.
Modification, distribution, transfer, display, sending, reprinting, sub-licensing, creation of collective works, with use of the aforesaid materials is prohibited, and so is their re-sending, and sale, if not subject to appropriate authorization of the Service Provider.
The Service Provider reserves the right to publish advertisement contents in the website, concerning its services, but also goods and services of third parties, in forms commonly used in the Internet.
The Service Provider reserves the right to store “cookie” files on User devices in order to facilitate User navigation and proper functioning of the Services. The “cookie” files are short text files stored by IT system of the Service Provider in the IT system of User (i.e. on the hard drive of those visiting the Service webpage) mainly for the purpose of User identification in the Service and to gather general information connected with their use of Service. The “cookie” files do not contain any information connected with personal details. The user may, at any moment, stop the storing of “cookies” by changing their browser settings. Switching “cookies” off will not render the whole Service unusable, still it may cause some limitations in its use, and even render some of the services of the Service inaccessible.
A device connected to the Internet and an Internet browser capable of displaying WWW pages are required to use the Service.
The Service allows User activity data to be gathered in the Service webpages by third party systems, for statistical (e.g. by Google Analytics, Gemius Traffic), advertising (e.g. Goodle AdSense) purposes, or to offer additional functions or to conduct User-targeted advertisement campaigns (directing ads to remarketing lists of the Google AdWords).
§4. Conditions for use of the System
The Service resources may only be used for personal purposes. The System resources and functions may not be used to conduct commercial activities or activity that would infringe the interest of Service Provider.
The use of the respective Services offered in the Service will take place pursuant to legislation in place, provisions of Terms and Conditions, other bylaws concerning the respective services, which shall be treated as particular provisions of the present Terms and Conditions and applied directly, and the generally accepted social norms and decency, and in particular the Users of the Services are obliged to:
refrain from any actions that could inhibit or disturb the Service and the particular services of the Service in a manner that is cumbersome for others,
submit actual personal details; it is unacceptable to create accounts of fictional Users or submit personal details of other people as your own details, or to use accounts of other Users or make your own account accessible for other persons,
observe proprietary copyrights and rights connected with registration of inventions, patents, trademarks, utility and industrial patterns of third parties.
update their details published in the Service, read and understand the amendments to the present Terms and Conditions and other bylaws of the respective services of the Service.
It is deemed unacceptable to use the service to publish or convey contents and text, image, sound materials that are illegal and against the principles of community life, those encouraging to racial, religious, ethnic hatred, or popularizing violence, encouraging crime, and also vulgar, coarse, commonly considered morally reprehensible, or socially inappropriate, infringing personal rights, and making unauthorized use of third party images, those acting contrary to good practices and netiquette, and all actions that could put the Service legally responsible or liable to pay damages.
Any actions connected with the use of information pertaining to the activities or otherwise connected with other entities, as acquired through the Service, or use of any of the Service functions to send unordered commercial content (i.e. Spam) are also deemed inacceptable.
It is forbidden to publish and publicize the following in the Service:
software subject to third party rights – without their authorization,
software designed for unauthorized destruction, alteration, deletion, damaging, access impediment to IT data, significant impairment or stopping of automated data processing and transfer, disruption of operation of IT systems and networks,
computer passwords, access codes or other data that enable unauthorized access to information stored in computer systems or IT networks.
The User publishes contents in the Services on his/her own responsibility. The Service Provider reserves the right to delete or modify contents it deems illegal or incompatible with provisions of the Terms and Condition, and the right to block access to Forum for users who were repeatedly breaching the provisions of items 3, 4, 5, 6 of the present paragraph.
§6. Scope of service
The Service Provider provides services within the Service free of charge.
Access to free services is granted the moment of joining the Service, in form of:
adding own data to gain contact with other Users of the Service,
use of search engines,
recommendation of selected services and webpages to other Users,
receiving and sending messages,
publishing contents in the Service webpage,
adding an opinion about an employer, and starting a new, free employer profile by adding an opinion about an employer that was not yet listed in the database (the starter of the thread will have no control over such a profile),
§8. Responsibility of Service Provider
With the exclusion of regulation of art. 473 § 2 of the Polish civil code and consumer regulations, and in the scope permitted by legislation in place, the Service Provider will bear no responsibility for:
any damages caused to third parties in the result of Users’ use of the Service in a manner that breaks the present Terms and Conditions or applicable law,
for content and form of materials published with use of Services by Users, that infringe the protected rights or goods of third parties,
loss of User data caused by external factors or other circumstances that are beyond the control of the Service Provider,
inaccessibility of Service for reasons culpable to parties other than User,
interruptions of Service availability, including such that make Services inaccessible, caused by the need of repairs, tests of equipment and software, maintenance,
damages sustained by Users of the Service and caused by erroneous data storage or retrieval,
technical problems connected with use of Service, which have causes independent from the Service, including those caused by force majeure or disruptions of Internet connectivity.
§9. Personal Data Processing
The GOWORK.PL SERWIS PRACY Sp. z o.o., Warszawa, Żurawia 47 is the Administrator of Personal Data, and the GOWORK.PL SERWIS PRACY Sp. z o.o., Warszawa, Żurawia 47 is the Content Manager of the Internet service
The Administrator of Personal Data processes the User Personal Data in the scope required for provision of services, as defined in terms and conditions, including solutions and service provision, archiving, and also for other purposes, provided that respective consents are granted.
The Administrator of Personal Data can only grant access to Personal Data to authorized entities, including law enforcement agencies, subject to respective provisions of law.
The User has the right, resulting from the aforesaid act, to access the processed Personal Data at any time, and also the right to amend it or require its deletion from the accounts database.
The Service will take the required technical and organizational steps to protect User Personal Data.
Personal Data submitted by Users in connection with use of the service will not be made available to outside recipients as understood in art. 7 p. 6 UODO.
Although the provision of personal data in the course of use of service is voluntary, it is required for provision of services.
All complaints concerning the provided services and the operations of Service shall be made in writing and sent to the content manager’s address GOWORK.PL SERWIS PRACY Sp. z o.o., Warszawa, Żurawia 47.
A duly filed complaint should consist of no less than the following data:
marking of the complaining party (name, surname or corporate name, address, electronic mail address),
subject of the complaint,
circumstances that justify the complaint.
The complaints will be considered within 21 days of their reception by Service. Shall there be a need to make up the complaint, the deadline for consideration will be counted from the delivery date, including direct telecommunication means, of the last of the required documents or provision of the last information required.
The Service will consider the complaints on the basis of Terms and Conditions.
The decisions of the Service concerning the complaints will be made in writing.
The right to subject disputes resulting from the provision of electronic services by Service Provider to the decision of court of common law will only be granted after the complaint procedure was exhausted.
§11. Change of Terms and Conditions
The Service Provider reserves the right to change or amend the terms and conditions of use of Services, by changing Terms and Conditions or introducing new bylaws.
New terms and conditions or amendment of the present ones will come in force after 14 days of their publication in the Service webpage.
§12. Final provisions
The rights and duties of the Service Provider are set exclusively by the present Terms and Conditions and definite provisions of applicable law.
The provisions of Terms and Conditions do not infringe Consumer rights resulting from applicable law, which should have the priority over the provisions of the Terms and Conditions.
The Service Provider reserves the right to transfer part or all of its rights and obligations connected with Service, without the consent of Users or their right to object such a transfer.
Shall any of the provisions of the present Terms and Conditions be deemed null and void the remaining provisions shall prevail.
Publication date of the Terms and Conditions in Service webpage: 09.05.2018 r.
Personal data protection
Every User has the right to have their private data protected by Service Provider.
The Service Provider processes the personal data of User required to conclude and shape the content, pursuant to the act of 18 July 2002 on electronic services (Journal of Laws “Dz.U.” no. 144, item 1204). Personal data of User are processed in keeping with safety requirements of the act of 29 August 1997 on personal data protection (“Dz.U.” no. 133, item 883, as amended).
The Service Provider will, in every case, define the data required for provision of electronic Services.
The Service Provider is a personal data administrator, responsible for its protection pursuant to personal data protection act. The User personal data are processed for the purpose of Service provision, as defined in Terms and Conditions. The User reserves the right to access the content of his/her data and amend it. The provision of data is obligatory, pursuant to regulations of the act of 18 July 2002 on electronic services (“Dz.U.” no. 144, item 1204), and required for the performance of the agreement.
The Service Provider may used the User data to send commercial information from Service Provider or third parties by electronic means only if the User grants a separate consent for such use of its data.