Regulations – Szkoleniowiec LMS

Regulations for the provision of electronic services on the e-learning platform

DEFINITIONSService Provider – owner and administrator of the e-learning platform. The owner and administrator of the E-learning Platform is SZKOLENIOWIEC limited liability company with its registered office in Poznań (hereinafter: SZKOLENIOWIEC).
E-LEARNING Platform – a training platform that provides online e-learning training.

E-LEARNING Training – electronic training available on-line, via the Internet or the internal network.

User – an adult natural person who uses the functions offered by the E-learning Platform that require registration or logging in.

Service Recipient – an adult natural person who has an Account and uses the Services provided electronically by the E-learning Platform.

E-mail address – an electronic address, i.e. a designation of an ICT system that enables contact by means of electronic communication, in particular an e-mail address.

Account – a set of resources, permissions and settings created for the Service Recipient as part of the E-learning Platform. The Service Recipient may use the Account to manage the Services.

Privacy settings – functionality of the Account, allowing the Service Recipient using selected Services to change the manner of sharing information about the Service Recipient.

Profile – functionality of the Account, allowing the Service Recipient to collect selected information regarding his or her competences (e.g. work history, education, skills, etc.).

ICT system – a set of cooperating IT devices and software, ensuring processing and storage, as well as sending and receiving data via telecommunications networks using a terminal device appropriate for a given type of network within the meaning of the Telecommunications Law Act.

Provision of a service by electronic means – performance of a service provided without the simultaneous presence of the parties (at a distance), through the transmission of data at the individual request of the Service Recipient, sent and received using electronic processing devices, including digital compression, and data storage, which is entirely broadcast, received or transmitted via a telecommunications network within the meaning of the Telecommunications Law Act.

Electronic communication means – technical solutions, including ICT devices and software tools cooperating with them, enabling individual communication at a distance using data transmission between ICT systems, in particular electronic mail.

Cookies – text files in which the E-learning Platform saves information on the hard drive of the computer used by the User or the E-learning Platform. The information stored in the “cookie” file can be read by the E-learning Platform server when reconnecting from this computer.

IP address – a unique number, assigned to devices in a computer network. It can be dynamic or static. The dynamic address changes, for example, every 24 hours or after every connection to the Internet. A static address is a permanent address assigned to a user. It is also possible for several users to use one public IP.

Login – a unique user ID, i.e. a string of letters, numbers or other characters that uniquely identifies the Service Recipient on the E-learning Platform.

Password – a string of letters, numbers or other characters, known only to the Service Recipient to authorize logging in to the E-learning Platform.

Regulations – these Regulations for the provision of electronic services on the E-learning Platform.

GDPR – Regulation of the European Parliament and of the Council (EU) 2016/679 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 (General Data Protection Regulation)
GENERAL PROVISIONS
1. The regulations specify:
  1. the rights and obligations of the Service Provider, Users and Service Recipients related to the provision of Services by electronic means,
  2. rules for excluding the Service Provider’s liability for the provision of Services by electronic means,
  3. rules for the protection of personal data of natural persons using the Services provided electronically.
2. SZKOLENIOWIEC makes the Regulations available to Users and Service Recipients free of charge before concluding the contract for the provision of Services. The User and the Service Recipient are not bound by the provisions of the Regulations that have not been made available in the manner described above.
3. SZKOLNIOWIEC provides Services by electronic means in accordance with the Regulations.
4. The User and the Service Recipient are obliged to comply with the provisions of the Regulations from the moment of its acceptance.
STARTING USING THE SERVICE
1. Starting to use the Services via the e-learning platform is tantamount to accepting the Regulations and concluding a contract for the provision of electronic services. The User may terminate the use of the Services at any time, then the contract for the provision of electronic services is terminated upon leaving the website. By using the Services, the User also declares that:
  1. the data provided are complete, consistent with the facts and do not violate any rights of third parties,
  2. is an adult and is entitled to conclude a contract for the provision of electronic services,
  3. accepts the Regulations, i.e. that he or she has read its content and undertakes to comply with it.
2. The contract for the provision of Services by electronic means is concluded by the Service Recipient upon logging in to the E-learning Platform and accepting the Regulations by clicking the appropriate button.
3. The Service Recipient declares that:
  1. the data provided are complete, consistent with the facts and do not violate any rights of third parties,
  2. is an adult and is authorized to conclude a contract for the provision of electronic services.
4. The Service Provider may refuse to create an Account, block or delete an existing Account if its name is already used on the E-learning Platform or if the Service Provider has a justified fear that it is contrary to the law, decency, violates the personal rights of third parties or the interests of the Service Provider. In the event of the indicated circumstances, the Service Provider may also block the Services provided to the User.
5. The Service Recipient gains access to the Account using the received login and password. The Service Recipient is obliged not to disclose to any third party the access data to the Account and is solely responsible for any damage caused as a result of its disclosure.
6. All activities registered on the E-learning Platform and assigned to the Customer’s login will be treated as activities performed by the Customer.
7. The contract is concluded for an indefinite period.
TERMS AND CONDITIONS OF SERVICES BY SZKOLENIOWIEC
1. Technical requirements necessary to cooperate with the e-learning platform:
  1. Internet connection,
  2. current web browser supporting Java Script: Google Chrome :>49; Mozilla Firefox :>45; Internet Explorer :>=11; Safari :>8
  3. minimum screen resolution 320×480
2. In the case of Services available via mobile devices, the condition for their provision is having the right type of mobile device and connecting the mobile device to the Internet.
3. The Service Provider reserves that the use of the Services may be associated with a standard risk related to the use of the Internet.
RIGHTS AND OBLIGATIONS OF THE SERVICE PROVIDER, USERS AND SERVICE RECIPIENTS
1. The Service Provider undertakes to provide the Services in a continuous and, if possible, uninterrupted manner.
2. The Service Provider reserves the right to:
  1. temporarily cease the provision of Services due to maintenance or modification of the E-learning Platform,
  2. send technical, legal and transactional messages related to the functioning of the Services to the e-mail addresses of Users and Service Recipients,
  3. refuse to provide Services if the User or the Service Recipient provides an incorrect e-mail address,
  4. modify the provided Services, tools and the operation of the E-learning Platform.
3. The Service Recipient has the right to configure the Services via the Account and Privacy Settings, including editing the data related to the Services, provided at any time.
4. When using the Services, the User and the Service Recipient are obliged to refrain from:
  1. publishing and sending content that is offensive, illegal or violating the personal rights of third parties protected by law,
  2. copying, modifying, disseminating, transmitting or otherwise using any works or databases made available on the E-learning Platform, except for their use under fair use principles,
  3. taking any actions that may hinder or disrupt the functioning of the E-learning Platform and using the E-learning Platform in a way that is burdensome for other Users and Service Recipients,
  4. using the Services in a manner contrary to the law, decency, infringing personal rights of third parties or the interests of the Service Provider, including unfair competition.
5. The Service Provider reserves the right to:
  1. block access to the Account of the Service Recipient or Users containing content contrary to the law, decency or legitimate interests of the Service Provider, in the event of obtaining reliable, justified information on this subject,
  2. remove from the E-learning Platform the content provided by the Service Recipients via the Services, if the content violates the provisions of these Regulations.
LIABILITY OF SZKOLENIOWIEC, USER AND SERVICE RECIPIENT
1. The Service Provider, the User and the Service Recipient are obliged to compensate for the damage suffered by the other party as a result of non-performance or improper performance of their obligations under the Regulations, unless their non-performance or improper performance resulted from circumstances for which the party is not responsible.
2. The Service Provider who has received an official notification or has obtained credible information about the unlawful nature of the data provided by the Service Recipient and has prevented the Service Recipient from accessing this data, shall not be liable to the Service Recipient for the damage caused.
3. The Service Provider shall not be liable to the User and the Service Recipient for any damages resulting from the cessation of the provision of services, including as a result of deleting the Service Recipient’s Account in breach of the Regulations.
4. The Service Provider is also not liable for damages:
  1. caused to third parties, resulting from the use of the Services by Users and Service Recipients in a manner inconsistent with the Regulations or the law,
  2. created in connection with the content provided by Users and Service Recipients through the Services, which violates the law or the rights of third parties protected by law,
  3. created in connection with the information and materials downloaded, posted on the E-learning Platform or sent via the Internet by Users and Service Recipients,
  4. related to the loss of data by the User and the Service Recipient caused by external factors (e.g. hardware failure) or other circumstances beyond the Service Provider’s control (third party actions),
  5. caused by the lack of continuity in the provision of Services, resulting from circumstances for which the Service Provider is not responsible (force majeure, acts and omissions of third parties, etc.),
  6. resulting from providing false or incomplete data or information by Users or Service Recipients, including providing them when registering the Account.
PERSONAL DATA PROTECTION
1. Each User and Service Recipient have the right to ensure that the Service Provider does not violate their rights and freedoms in connection with the processing of personal data.
2. The Service Provider is the administrator of personal data provided during registration in the registration form, including those that will be entered by the Service User into the E-learning Platform after registration.
3. Personal data is processed on the e-learning platform for the set up purposes and the provision of the Services specified in these Regulations, in accordance with the Act of 18 July 2002 on the provision of electronic services (Journal of Laws of 2017, item 1219 as amended).
4. Providing data is voluntary, but necessary to set up an account and for the subsequent provision of electronic services.
5. The legal basis for data processing is Article 6 (1) (b) of GDPR, i.e. the need to process data in order to perform the contract for the provision of electronic services (hereinafter: the Contract) concluded by accepting the Regulations.
6. Personal data may be transferred to entities dealing with IT services and legal services for the Service Provider, as well as to their clients only for purposes related to the training processes carried out.
7. Personal data will be processed during the term of this contract for the provision of electronic services in order to provide these services, and after this period – for the period of limitation of claims due to the data administrator and in relation to him in order to secure and protect against claims – for this purpose personal data are processed based on Article 6 (1) (f) of GDPR
8. You have the right to request the Service Provider to access personal data, rectify it, delete or limit processing, or to object to processing, as well as to transfer data.
9. You have the right to lodge a complaint with a supervisory authority
10. In case of any doubts, please contact the service provider by phone or e-mail at the address provided with the Service Provider’s details.
11. If, as part of the provision of the Services, profiling of the Service Recipient will take place, the Service Provider shall obtain from the Service Recipient appropriate consent in this regard, as part of which he or she will provide the relevant required information in the field of automated decision making. The scope of personal data collected by the Service Provider depends on the provision of a given Service provided electronically. The maximum scope of data includes:
  1. surname and names,
  2. email address,
  3. organisation / workplace,
  4. date of birth
12. The personal data of Users and Service Recipients may be used by the Service Provider for the purpose of sending commercial information by electronic means using telecommunications end devices only after separate consent has been given by the User and the Service Recipient.
COMPLAINT PROCEDURE
1. Users and Service Recipients have the right to submit complaints in matters related to the implementation of the Services.
2. Complaints are considered by the Service Provider.
3. The correct complaint should incorporate at least:
  1. designation of the User or the Service Recipient (name, surname, e-mail address, login),
  2. the subject-matter of the complaint,
4. Complaints that do not contain the above data will not be considered.
5. Complaints (with the annotation “Complaint”) should be submitted to the e-mail address: biuro@szkoleniowiec.poznan.pl
6. The Service Provider will make every effort to ensure that complaints are considered not later than 14 days of their receipt from the User or the Service Recipient. The Service Provider will immediately notify the User or the Service Recipient via e-mail to the address provided in the complaint about his decision made as a result of considering the complaint.
7. The complaint considered in accordance with the provisions of these Regulations is not subject to further examination or re-examination.
CONTACT WITH SZKOLENIOWIEC
1. Users and Service Recipients may contact the Service Provider in all matters other than complaints by e-mail and by phone. The e-mail address and telephone number have been provided together with the Service Provider’s data.
TERMINATION OF THE CONTRACT OR WITHDRAWAL FROM THE CONTRACT
1. The contract for the provision of Services by electronic means may be terminated by either party.
2. At any time, the Service Recipient has the right to terminate the Agreement for the provision of electronic services by reporting a willingness to terminate the Contract to the e-mail address of the Service Provider.
3. The Service Recipient may, within 14 days from the conclusion of the Contract for the provision of electronic services, withdraw from the Contract without giving any reason and without incurring any costs on this account. The declaration of withdrawal should be submitted in writing to the e-mail address provided together with the service provider’s data.
4. The Service Provider has the right to terminate the contract for the provision of Services by electronic means, including delete the Customer’s Account in the following cases:
  1. breach by the User or the Service Recipient of the essential provisions of these Regulations,
  2. posting by the User or the Service Recipient of content inconsistent with applicable law,
  3. using the Service, by the User or the Service Recipient, inconsistently with its intended purpose.
5. The Service Provider shall inform the User or the Service Recipient about the termination of the contract (if it is technically possible) not later than 24 hours after termination.
FINAL PROVISIONS
1. The Regulations enter into force on May 7, 2020.
2. The Service Provider has the right to unilaterally amend the Regulations. Amendments to the Regulations come into force after 7 days from placing the amended Regulations on the e-learning platform.
3. The Service Provider shall notify the Service Recipient of any changes to the Regulations by publishing relevant information on the E-learning Platform.
4. In case referred to in 11 (2), the User or the Service Recipient has the right to terminate the contract for the provision of electronic services immediately after receiving information about the change in the Regulations. If he or she does not do so, it is assumed that the User or the Service Recipient has accepted the amended Regulations.
5. Regulations and contracts for the provision of Services are subject to Polish law.
6. Any disputes arising under these Regulations shall be settled by the Polish common court.
7. Regardless of the provisions of these Regulations, it is possible for the User or the Service Recipient to use out-of-court complaint and redress methods. The relevant procedures in this regard are available, for example, at the Office of Competition and Consumer Protection and on the website www.uokik.gov.pl.
8. In matters not regulated by these Regulations, the provisions of the Act on electronic services, the Act on personal data protection, the Civil Code and other mandatory provisions of the law shall apply.
9. The appendices constitute an integral part of the Regulations.
10. These regulations are an integral part of the contract for the provision of electronic services concluded by the Service Provider with the User or the Service Recipient.