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TERMS AND CONDITIONS


§ 1. General Provisions.

1 These Terms and Conditions (hereinafter referred to as: "Terms and Conditions") constitute a contractual standard within the meaning of the Civil Code and have been drafted based on legal regulations in force. The subject of these Terms and Conditions is to establish the rules regarding the functioning and the use of a platform supporting the recruitment process under the name Humaway (hereinafter: "Platform" or „Application”). The Platform is run under the domain name humanway.pl and humanwayapp.com

2. The Platform Operator as well as its owner and service provider within the meaning of the Act of 18th July 2002 on providing services by electronic means (Journal of Laws 2002, No. 144, item 1204 as amended) is "Humanway" sp. z o.o. with its registered office in Poznań, ul.  Woźna 9c/2, 61-777 Poznań, registered by the District Court of Poznań - Nowe Miasto i Wilda in Poznań, 8th Commercial Division of the National Court Register, under NCR (KRS) no. 0000337127, with share capital of 15,900 PLN, Tax Id No. (NIP) 778-146-58-77, Statistical registration number (REGON) 301216543 (hereinafter: "Operator").

3. The terms used in these Terms and Conditions shall have the following meaning:
"Operator's e-mail address" - the address: humanway [at] humanway.pl intended for contacting the Operator.
"Application" - reply to an Offer published on the Plaform,
"Humanway Application/Platform - software for managing the recruitment process is available as an Internet service making it possible to publish job offers, collect applications from candidates, manage the recruitment process, assess the efficiency of job boards by analysing statistics of recruitment costs on a given job portal,
"Applicant" - person replying to the Offer by sending an Application,
"Personal Data" - personal data of natural persons participating in the recruitment processes carried out by the Client using the Humanway application, or other data submitted to the Platform by Users or Authorised Persons,
"Integration of the Career Site with the Corporate Website" - preparation of the Career site in accordance with the design prepared individually by the Humanway sp. z o.o. team and matching the visual design of the User's Corporate Website,
"Administrator's account" - a collection of resources granting full privileges on the Platform, in particular, enabling the owner to manage User's databases, invite new users, manage user privileges, edit Platform settings etc.
"Observer Account" - a collection of resources granting the lowest privileges on the Platform, making it possible only to view Offers and Applications assigned by an Administrator, as well as adding labels and comments on profiles of Applicants.,
"Employee Account" - a collection of resources that grants limited privileges on the Platform, in particular, providing access to offers assigned by an Administrator,
"Offer" - job or cooperation offer added to the platform by a User or an Authorised Person. Offers that appear on Career Sites are also indexed by job searchers,
. "Subscription period" - the period for which the Subscription fee is paid, meaning one calendar month,
."Subscription fee" - total fee for the use of the services provided by the Operator within the framework of the Platform, in the amount agreed with the User in a separate agreement,
"Operator" - Humanway sp. z o.o. with its registered office in Poznań, ul. Woźna 9c / 2, 61-777 Poznań, registered by the District Court of Poznań - Nowe Miasto i Wilda in Poznań, 8th Commercial Division of the National Court Register, under NCR (KRS) no. 0000337127, with share capital of 15,900 PLN, Tax Id No. (NIP) 778-146-58-77, Statistical registration number (REGON) 301216543
"Authorised Person" - person for whom the User created a Profile.
."Administration Panel" - a method of communciating within the framework of the Platform, allowing the User to use Services provided by the Operator within the Platform,
. "Privilege Level" - the scope of the Platform functionalities that can be accessed by the person authorised by the User.
"Profile" - data of the User or the Authorised Person, including information about the Privilege Level to use services provided by the Operator within the framework of the Platform.
"Career Site" - website located on the Operator's servers, offering the possibility to publish job offers, directly add candidate data to User's database, automatically generating application forms suitable for job offers,
"Corporate Website" - Client's website, showcasing the business activity carried out by the client,
"Trial version of the Application"- a free 14-day trial version of the Humanway Pro, Premium or Max plan,
"Agreement"- an agreement under which the Operator undertakes to make available to the Client the Humanway Application and under which the Operator provides the services
, "Platform User" - a legal person, an organisational unit without legal personality granted legal capacity by law, as well as a natural person carrying out business activity, for whom the Operator shall create a User Account.
„Employer Branding” - Additional, paid services provided by the Operator, such as individual projects of Career Sites, recruitment campaigns on Facebook, individual graphical layouts of job ad templates, 'Recommend to a friend" buttons, etc.

§ 2. Terms of Service.
Access to services provided by the Operator shall be payable and made possible only through the Internet. Whenever these Terms and Conditions refer to privileges or services accessible by the User, they shall be understood also as privileges or services available to Authorised Persons authorised by the User, as long as the the scope of the Privilege Level granted to the Authorised Person covers a given privilege or access to service.

User shall have exclusive access to data published by the User on the Platform.
The Operator processes data contained in Applications, including Personal Data of Applicants, solely in the scope entrusted to the Operator by the User under the Terms and Conditions or the agreement.


§ 3 Scope of services provided by the Operator within the framework of the Platform.
The Operator shall make it possible for the Users to use of the following plans within the framework of the Platform:
Humanway Pro,
Humanway Premium,
Humanway Max,
Humanway Enterprise.

Humanway Pro plan - paid plan of using the Humanway Platform, enabling access to one Administrator Account. Under the Subscription Fee, this plan includes: connecting the Career Site, access to full statistics, automatic publication of job offers on chosen free portals and a possibility to edit the application form. Moreover the plan includes a telephone training for the Administrator user account and customer service via e-mail support (help@humanway.com). Under the Pro plan, for an extra fee, it is possible to multiply the number of User accounts, request an Integration of the Career Site with the Corporate Website and the publication of offers in chosen paid portals.

Humanway Premium plan - paid plan of using the Humanway Platform, enabling access to twenty Administrator Accounts. Under the Subscription Fee, this plan includes: connecting the Career Site, access to full statistics, automatic publication of job offers on chosen free portals and a possibility to edit the application form. Moreover the plan includes a telephone training for 3 Administrator user accounts and customer service via e-mail support (help@humanway.com). Under the Premium plan, for an extra fee, it is possible to multiply the number of User accounts, request an Integration of the Career Site with the Corporate Website and the publication of offers in chosen paid portals.

Humanway Max plan - paid plan of using the Humanway Platform, enabling access to a hundred Administrator Accounts. Under the Subscription Fee, this plan includes: connecting the Career Site, access to full statistics, automatic publication of job offers on chosen free portals and a possibility to edit the application form. Moreover the plan includes a dedictated support person available under telephone and email. Under the Max plan, for an extra fee, it is possible to multiply the number of User accounts, request an Integration of the Career Site with the Corporate Website and the publication of offers in chosen paid portals.

Humanway Enterprise plan - paid plan of using the Humanway Platform, enabling full functionality access for unlimited user Accounts. Under the Subscription Fee, this plan includes: connecting the Career Site, access to full statistics, automatic publication of job offers on chosen free portals and a possibility to edit the application form. Moreover the plan includes a telephone training for 5 Administrator user accounts and customer service via e-mail support (help@humanway.com). Under the Enterprise plan, the Operator provides the Employer Branding package and telephone training for 25 Users, included in Subscription Fee.


§ 4. Application testing

Within the framework of the Platform, the Operator allows the User to take advantage of a free 14-day trial version of the Humanway Pro, Premium or Max plan, meaning the Trial version of the Application, pursuant to rules described in this paragraph.

User is granted the right to use the Trial version of the Application after the Operator accepts the request submitted by the User. The order must be submitted using the form specified by the Operator and available on the Platform website.

Using the Trial version of the Application means that the User grants the Operator an authorisation to publish User's job offers using the Humanway Platform.

The procedure connected with using the Trial version of the Application is based on the following schedule:
a) 14-day period of using the Trial version of the Application in accordance with the Humanway Pro, Premium or Max plan,
b) 14–day period of blocking the User Account or purchase of a chosen Humanway Platform plan by the User, which has been laid out in § 3 of these Terms and Conditions,
c) deletion of Trial Account data or continuing the use of a chosen paid plan.


§ 5 Personal data

1. User, being the administrator of the Personal Data of natural persons participating in recruitment processes carried out by the Client via the Humanway application, entrusts the processing of Personal Data to the Operator, whereas the Operator undertakes to process the Personal Data pursuant to the provisions of the Polish law, in particular, the Act "on the Protection of Personal Data", the provisions of the Agreement concluded with the Client and with due diligence.
2. The purpose of processing the Personal Data by the Operator is to carry out automatic processing of data containted in Applications and to store documents and Personal Data submitted by the Applicants.
3. The Operator hereby declares that:
1) the Operator possesses the knowledge, skills and equipment needed to reliably carry out the duties related to Personal Data processing,
2) the Operator undertakes to process the Personal Data pursuant to the law, professionally and with due diligence,
3) the Operator undertakes to use the Personal Data only to the extent necessary for the performance of the Agreement pursuant to the objectives described therein,
4) for the purpose of processing the Personal Data, the Operator undertakes to use technical and organisational measures ensuring the protection of the Personal Data described in Articles 36-39 of the Act "on the Protection of Personal Data" and resulting from the ordinance of the Minister of Internal Affairs and Administration dated 29th April 2004 "on documenting the personal data processing and technical and organisational conditions to be met by devices and IT systems used for processing personal data" (Journal of Laws 2004 No. 100 item 1024) and other provisions which will be issued in connection with applying the act.
4. Personal Data shall be processed in the scope in which they will be made available by natural persons interested in job openings announced by the User. They will, in particular, include:
First name, Last name, Phone number (fixed-line, mobile), e-mail address,
Address of residence,
Marital status,
Place of work, work history,
Education, professional titles, finished schools and completed trainings,
Command of foreign languages,
Practical skills,
Interests.
5. The Operator undertakes to:

process all entrusted Personal Data solely in order to fulfil the provisions of the Agreement, subject to the applicable law, including, in particular, the Act "on the Protection of Personal Data";
introduce the required organisational and technical measures, in particular:
In the event when the submitted Personal Data are processed by the Operator in a computer system, it shall be protected with an access password and each person having access to the computer system and processing the Personal Data using it shall be granted an individual user identifier. The IT system shall make it possible to maintain control over what Personal Data is added to the pool or modified, together with information on when it took place and who performed the action.
All Operator's employees who process the data and have access to the data shall be granted named authorisation in this scope. The Operator shall maintain a register of persons authorised to process the Personal Data. The Operator shall inform the Operator's employees about the responsibilities resulting from this Agreement and about the obligation of secrecy referred to in the Agreement. The Operator is obliged to collect a written statement from each person having access to the Personal Data about the fact of having read and understood the regulations on personal data protection,
The Operator is obliged to possess documentation regarding the security policy and instructions on managing the IT system used to process Personal Data.
The Operator shall appoint an information security administrator, who will ensure that the rules of Personal Data protection are complied with.
not to disclose the Personal Data to persons not involved in fulfilling the obligations arising from this Agreement, and after expiration or termination of the Agreement - to deliver a password-protected CD/DVD to the Client and certify this fact with an acceptance report.
to permanently destroy and erase all documents containing Personal Data prepared in connection with or in the process of performing the Agreement and to return all Personal Data to the Client, which shall take place after the termination or expiration of the Agreement, as well as on each Client's request, within 3 days of the occurrence of each of these events. In the cases referred to in the preceding sentence, the Operator is obliged to permanently remove all records containing Personal Data as well as any documents and media containing such data, in case any were created. This fact shall be certified by a report signed by an authorised representative of the Operator.
6. Any decisions of the Client regarding the processing of Personal Data that differ from the arrangements contained in the Agreement and herein shall be be delivered to the other Party in writing, under pain of nullity.
7. The Operator shall be held liable for actions or negligence of the Operator's employees and other persons processing the entrusted Personal Data as if they were the Operator's own actions or negligence.
8. The processing of Personal Data shall be entrusted for the term of the Agreement.


§ 6  Final Provisions.

The Terms and Conditions are available online at: http://humanway.com/p/regulamin

The Platform's Operator reserves the right to unilaterally change the provisions of the Terms and Conditions at any time and without having to justify the cause.

In the event of making amendments to the Terms and Conditions, the Operator shall immediately inform the Users about it by publishing a consistent text of the Terms and Conditions on the abovementioned website at least 14 days in advance of the date when the amendments enter into force
Information about the changed Terms and Conditions shall be displayed to a User of an Administrator Account upon the attempt to log into the Platform. In case the User does not reject the amendments to the Terms and Conditions in the manner indicated upon the attempt to log into the system, it shall be deemed that the User accepts the amendments to the Terms and Conditions and the User shall be bound by them beginning with the day indicated by the Operator as the day when the amendments to the Terms and Conditions enter into force. In case the User rejects the changes in the Terms and Conditions, the Agreement shall expire on the last day of the Subscription period, for which the Client has paid the Subscription Fee.

In the event of a change or cancellation, due to a valid court order, of any provision of these Terms and Conditions, the other provisions shall remain in force and bind the Parties.