Terms & conditions

1. Subject of the order

1. The GIS Analysis (hereinafter referred to as the GIS Analysis/GIS Report) is a tool based on data from the “Register of Products Covered by the Notification of the Placing on the Market or Intention to Place a Food Product for the First Time”, which enables the acceleration and facilitation of work related to the analysis of data available in the register, drawing conclusions at the strategic and tactical level and providing synthetic knowledge regarding the entities’ intentions to introduce dietary supplements and fortified/functional foods onto the market. The Contractor provides the Ordering Party with data processing, storage and analysis services as well as access to the results of the GIS Analysis, which constitute a database within the meaning of the Database Protection Act of July 27, 2001 (Journal of Laws of 2001, No. 128, item 1402), regardless of the protection provided under other regulations (hereinafter referred to as the Data). The Data is compiled on a monthly basis. The Ordering Party is entitled to use the services on the basis of the concluded Order. The Order is concluded for a fixed period equal to the granted access period.

2. The Ordering Party is aware that the Data is imported by the Contractor from an external database (from the “Register of Products Covered by the Notification of the Placing on the Market or Intention to Place a Food Product for the First Time”). The Contractor is not liable for the correctness and completeness of the Data.

3. The GIS reports are made available using the Business Intelligence tool provided by the Qlik Sense. In order to use the GIS Reports, you must have an individual user account (hereinafter referred to as “Access”).

4. Access – granted by the Contractor – is configured to user data (three e-mail addresses) indicated by the Ordering Party. The Ordering Party is responsible for providing the users with the applicable rules for using the services and for fulfilling the information obligation on behalf of the Contractor regarding the processing of personal data. The Ordering Party is obliged to demonstrate compliance with this obligation at each request of the Contractor. The template of the information clause constitutes Annex 1 to the Terms & Conditions. In the event of failure to fulfill this obligation by the Ordering Party, the Ordering Party shall be liable for failure to fulfill the information obligation by the Contractor.

5. The Contractor, directly in connection with the implementation of the Agreement and the need to make the Data available to the Ordering Party during the term of the Agreement and to provide services under it, grants a non-exclusive, paid, territorially unlimited, non-transferable licence to use the Data (“Rules for the Use of the Data”) by:

(a) access to the Data, their analysis, processing and implementation of all operations on the Data possible with the use of the Qlik Sense interface, solely for the internal use of the Ordering Party;

(b) downloading and saving the Data, using the functionality of the Qlik Sense interface, in the memory of a computer, other device or on any digital medium, exclusively for the Ordering Party’s internal use.

6. The Contractor does not consent to the distribution of all or part of the Data using elements of the Qlik Sense interface.

7. Sharing Access with unauthorized persons is prohibited.

8. The Ordering Party is aware that graphic elements, including the graphic design of the Qlik Sense interface, are protected.

9. The Ordering Party will use the Data in accordance with the principles of the Data use described in the Terms & conditions.

2. Remuneration

1. The remuneration in the gross amount will be paid into the Contractor’s bank account indicated on the VAT invoice within 3 (in words: three) days from the date of issuing the VAT invoice, bypassing the split payment mechanism. The date of payment is the date of receipt of the amount due into the Contractor’s bank account.

2. The Ordering Party agrees to issue invoices in the electronic form without the issuer’s signature and to send them to the Ordering Party’s e-mail address.

3. Technical assistance

1. The Contractor undertakes to exercise due diligence regarding the availability and efficiency of the service.

2. The Contractor reserves the right to perform necessary work related to maintaining and updating the service, which in special cases may result in the temporary unavailability of the GIS Reports. Scheduled work will be performed outside working hours whenever possible. The Contractor will inform about planned works that must be performed during working hours at least 24 hours before their implementation.

3. In the event of a failure resulting in limited or lack of access to the GIS Reports, the Contractor undertakes to immediately undertake work aimed at restoring full functionality of the solution.

4. To use the GIS Reports, constant access to the Internet is required.

5. The Contractor provides technical support during the duration of the Order. Support can be obtained by sending an e-mail to [email protected].

6. Support includes the Contractor’s activities aimed at preventing and removing possible failures.

4. Liability of the parties

1. The Contractor is not liable for:

quality and reliability of the Internet connection used by the Ordering Party to use the GIS Reports,
disruptions or errors in the GIS Reports, in particular caused by the incorrect use of the Interface by the Ordering Party or failure to comply with technical requirements,
disclosing, any loss or change of the Data which occurred as a result of the actions of third parties,
legal, financial or any other consequences of the Ordering Party’s use of the Data and for any damage or losses incurred by the Ordering Party or third parties related in any way to the use of the Data, including for the purpose of making decisions in an individual case. The Ordering Party uses the GIS Report at its own risk,
other events affecting the provision of services, caused by the action or omission of the Ordering Party or third parties.

2. The liability of the Contractor and all of the Contractor’s subcontractors covers only accidents resulting from willful misconduct or gross negligence, and liability for lost profits is excluded.

3, The Ordering Party is aware that the GIS Analysis does not constitute any form of advice or recommendation.

4. The Ordering Party is entitled to use the Contractor’s services in accordance with their intended purpose, within the limits of law and public decency and with respect for the rights and property of other people.

5. The Contractor may immediately block access to the GIS Report and other services provided to the Ordering Party if the Ordering Party violates the provisions of section 4 above or if there is a delay in payment of remuneration.

6. The Party will not be found guilty of breach of its obligations if their fulfillment was prevented by force majeure (an event beyond the control of the Party, external, impossible to predict and prevent, occurring after the date of entry into force of the Order), the effects of which could not have been prevented with due diligence. The party to the contract must immediately inform the other party about the situation.

7. The Ordering Party is fully responsible for the actions of users using the access to the GIS Reports assigned to the Ordering Party.

5. Complaints

1. The Ordering Party has the opportunity to submit a complaint regarding the services provided by the Contractor. Complaints should be sent to the Contractor’s e-mail address: [email protected]

2. Complaints will be considered within 30 days from the date of their receipt. The response to the complaint is sent electronically to the address provided in the complaint.

6. Final Provisions

1. The Contractor may transfer the rights or obligations arising from the Order to another entity and the Ordering Party consents to this.

2. The Contractor may use the Ordering Party’s company and its logo (including the registered trademark) in sales presentations, advertising and marketing materials, when presenting the lists of the Contractor’s clients and on the Contractor’s website and its foreign equivalents, as well as on dedicated websites regarding the Contractor’s products and services.

3. Any disputes that may arise from the execution of the Order will be resolved by the court having jurisdiction over the Contractor’s registered office.

4. If any provision of these Terms & conditions is invalid or ineffective, it does not affect the validity of the remaining provisions. Invalid or ineffective provisions will be replaced by provisions that best suit the business purpose and the nature of the relationship between the Contractor and the Ordering Party.

5. The Contractor reserves the right to change the Terms and conditions. A change to the Terms & conditions does not constitute a change to the Order and does not require an annex. Any changes to the Terms & conditions shall enter into force on the date specified by the Contractor, no less than 14 days from informing the Ordering Party about the changes. The Ordering Party who does not consent to changes in the Terms & conditions is entitled to terminate the Order within 14 days from the date of being informed by the Contractor about the change in the Terms & conditions, with effect on the date of expiry of the amended content of the Terms & conditions. The Ordering Party sends a declaration of termination of the Order due to changes in the Terms & conditions to [email protected]

7. Information bulletin

In accordance with the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 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 (OJ EU. L. of 2016, No. 119, page 1) (the “GDPR”), we provide below information regarding the processing of the Ordering Party’s personal data and of the data referred to in point 1.4 (hereinafter referred to as “Personal Data”).

1. Who is the Personal Data Administrator?

The Personal Data Administrator is MAK sp. z o.o. based in Białystok (15-540), ul. [street] Żurawia 71, KRS [National Court Register number] 0000879722 ("Company"). Contact with the Company is possible at: [email protected]

The Administrator obtained Personal Data from the Ordering Party or from the entity for which the persons to whom the Personal Data concern perform their services – in connection with the performance by this entity of the agreement concluded with the Administrator.

2. What is the purpose and basis for the processing of personal data?

The data will be processed in order to grant access to the use of Analyses on the basis of the agreement between the Administrator and the Ordering Party. These data are used on the basis of the legitimate interest of the Administrator (Article 6(1)(f) of the GDPR).

3. Data processing time

Personal data will be processed for the duration of the concluded agreement (or for a shorter period, e.g. as a result of a change of the person to whom access is granted by the Ordering Party). It is also possible to process data after the deadline indicated in the preceding sentence, for the time necessary to secure and protect claims by the Administrator.

4. Recipients of Personal Data

Personal data may be transferred for the purpose and the scope necessary to grant access referred to in point 2 above to entities providing ICT solutions to the Company, entities providing advisory and legal services, as well as entities providing forwarding, postal or courier services and authorized state authorities (if applicable).

5. Transfer of data outside the European Economic Area (EEA)

Personal data will not be transferred by the Company for processing outside the EEA.

6. Rights of the data subject

In connection with the processing of Personal Data, within the limits and on the principles set out in the law, in particular in the GDPR, you have the right to request access to the data, rectification, i.e., correction, deletion or the limitation of processing and to object to the processing, as well as the right to transfer data and withdraw consent to their processing. Personal data are not used for automated decision-making, including profiling.

7. Right to complain

In connection with the processing of Personal Data, you have the right to lodge a complaint with the President of the Personal Data Protection Office (Personal Data Protection Office, ul. [street] Stawki 2, 00-193 Warsaw).