TERMS AND CONDITIONS

drawn up on the basis of the Act of July 18, 2002 on the provision of electronic services

Introduction

Whistleblower.pl is a Service through which Users will have free access to the Service's resources and will be able to use the tools offered on the Website. The full text of the Regulations is below.

Definitions

Expressions written in these Regulations with a capital letter will have the following meaning, unless its content indicates otherwise:

  • Terms and Conditions - following Terms and Conditions
  • Service administrator - Fib.Code Sp. z o.o. with headquarters in Olkusz, 32-300 Olkusz, ul. Rynek 29, NIP: 637-220-84-21, entered into the National Court Register - Register of Entrepreneurs kept by the District Court for Kraków-Śródmieście in Kraków under the number: 0000804872
  • Service - The website run by the Administrator is available at: https://pecluban.whistleblower.pl/
  • User a natural person, legal person or an organizational unit without legal personality with full legal capacity, using the Service on the terms set out in the T&C.

  1. § 1 Rules for using the Service

    1. Each visitor to the Service is obliged to comply with the T&C. Any actions taken on the Website should be in accordance with applicable law, good manners and the principles of social coexistence.
    2. The Service Administrator provides Users with access to the content of the whistleblower.pl Website, i.e. provides electronic services within the meaning of the Act of 18 July 2002 on the provision of electronic services. The Service Provider within the meaning of the Act is the Service Administrator.
    3. To use the Service, you need: a connection to the Internet, a web browser that allows you to call up and view websites on a computer or other electronic device screen, and supports the JavaScript programming language, and also supports encrypted SSL connections.
    4. All rights to the Service and its elements are subject to the rights of the Service Administrator, while all materials or their elements, including texts, graphics, layout and composition of elements (the so-called layout), trademarks, photos, audio-video materials, applications and other software and other information and elements protected by law available on the Service pages are subject to the rights of the Service Administrator. Any unlawful use of them is prohibited and may result in civil or criminal liability. This means, in particular, the prohibition of copying, modifying, reproducing or disseminating such materials in any form, except as permitted by law. Information on the possibility of obtaining a license to use individual materials available on the Service can be obtained at the following e-mail address:  [email protected] .
    5. Whenever the Terms and Conditions provide for the submission of any statements using the tools provided by the Service Administrator on the Service, any statements made in this way are considered to be made when the User or another person using the Service uses an appropriate tool, regardless of when this statement reached its addressee in such a way that he could become acquainted with it. The User or another person using the Service may contact the Service Administrator in order to determine whether his statement or declaration made on his behalf by another User has been submitted.
    6. The T&C are made available to people using the Service free of charge via the Website in a form that allows it to be downloaded, saved and printed.
    7. The Service Administrator, when processing User's data, complies with the requirements provided for in:
      • Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and the repeal of Directive 95/46 / EC;
      • Act of 10 May 2018 on the protection of personal data.

  2. § 2 Responsibility

    1. The Service Administrator is not responsible for any actions or omissions of Users related to the use of the Service.
    2. The Service Administrator does not guarantee that the data provided by Users regarding their identity is true.
    3. The Service Administrator ensures the confidentiality of the User in the event of choosing the reporting mode without supplemented data allowing for the identification of a natural person.
    4. The guarantee of confidentiality is ensured by the use of tools such as:
      • In order to protect the Whistleblower's personal data, the system uses a restrictive CSP policy and uses additional security headers, such as the HSTS mechanism.
      • All data regarding the report is encrypted and additionally filtered from the application logs, so only the indicated officer has access to the data kept by the Whistleblower.
      • The application data is hidden under a secret number that cannot be recovered.
    5. The website and all services provided within it are provided in a state as they are. The use of the Service is tantamount to the submission by the User of a declaration that he has familiarized himself with the functioning of the Service and accepts it in the form in which it is located. This does not exclude the Service Administrator's right to introduce new technical solutions, including those aimed at improving the functioning of the Service and the services provided within it.
    6. The Service Administrator is not responsible for any disruptions in the functioning of the Service or the loss of the User's data as a result of: force majeure or willful fault of the User.
    7. To the fullest extent, as permitted by the mandatory provisions of law, the Service Administrator's liability for actual damage and profits lost by the User shall be excluded, unless the damage was caused by willful misconduct or gross negligence of the Service Administrator.
    8. In the remaining scope, the Service Administrator's liability for actual damage caused to the User and the benefits lost by the User is limited in the following manner:
      • The Service Administrator is liable only in the event of willful misconduct or gross negligence;
      • the total liability of the Service Administrator towards the User is limited to the amount of PLN 1,000.00.
    9. The User shall be fully liable to the Service Administrator for damages resulting from or related to the violation of the law, Regulations, decency, principles of social coexistence or the rights of third parties, including in particular damages related to the inaccuracy or incompleteness of any of the User statements.

  3. § 3 Contact and complaints

    1. The Service Administrator provides the User with an e-mail address: [email protected] intended for contacts with it, to which the User may direct all inquiries, suggestions, complaints, comments and information.
    2. Complaints regarding the functioning of the Service should be reported to the following e-mail address:  [email protected] or in writing to the address of the Service Administrator.
    3. The User may submit a complaint if the services are provided by the Service Administrator contrary to the provisions of the T&C.
    4. The complaint should contain at least the e-mail address and the name of the User.
    5. The Service Administrator may turn to the person submitting the complaint if the data or information included need to be supplemented.
    6. The Service Administrator recognizes the complaint within 14 days from the date of its receipt in the correct form, with the proviso that the Service Administrator may refuse to consider complaints submitted after 90 days from the disclosure of the reasons for the complaint.
    7. A response to the complaint will be sent to the e-mail address of the person submitting the complaint.

  4. § 4 Amendments to the Terms and Conditions

    1. In the event of changes to the T&C, the Service Administrator will inform Users about this fact by publishing the changes on the Service's website.
    2. Changing the Administrator's data or contact details does not require the use of the procedure described in this paragraph - the Service Administrator is, however, obliged to notify Users about such changes.

  5. § 5 Processing of personal data

    The policy for the processing of personal data on the Service can be found at:   https://pecluban.whistleblower.pl/policy

  6. § 6 Final Provisions

    1. The Terms and Conditions enter into force on the date of their publication on the Service's website.
    2. Whenever the Terms and Conditions provide for the possibility or obligation for the User to contact the Administrator, such contact should be made by e-mail (unless otherwise stated in the T&C) to the e-mail address:  [email protected]
    3. In matters not covered by the Terms and Conditions, the relevant provisions of Polish law shall apply.