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Terms of Service
CV Analyzer

Last updated: Mar 22, 2024

[See also Privacy Policy]

I. Preliminary Provisions

  1. The SmartyMeet system is provided by SmartyMeet limited liability company with its registered office in Wrocław, ul. Robotnicza 42A, 53-608, entered into the Register of Entrepreneurs of the National Court Register under the KRS number 0000939052; Tax Identification Number (NIP): 7011064881; REGON: 520764054.

  2. The service of access to the SmartyMeet System is made available under the terms specified in the Terms . The Terms  specifically define the rights and obligations of the parties with respect to the provision and use of the SmartyMeet System access service.

  3. Using the SmartyMeet System is voluntary and does not require the conclusion of a written contract. An agreement to use the SmartyMeet System is made by accepting these Terms , becoming acquainted with the Privacy Policy, and creating an Account.

II. Definitions

Terms used in the Terms of Service mean:

  1. SmartyMeet Sp. z o.o., Processor - refers to SmartyMeet limited liability company with its registered office in Wrocław, ul. Robotnicza 42A, 53-608, entered into the Register of Entrepreneurs of the National Court Register under the KRS number 0000939052; Tax Identification Number (NIP): 7011064881; REGON: 520764054.

  2. Client – refers to a natural person, legal entity, or organizational unit without legal personality, using the SmartyMeet System based on the Terms .

  3. Consumer – a natural person who performs a legal transaction with an entrepreneur not directly related to their business or professional activity.

  4. Terms  – refers to these terms of service.

  5. SmartyMeet System – refers to the platform owned by SmartyMeet Sp. z o.o., serving to streamline the recruitment process by analyzing candidates in terms of suitability for a job offer, as a service (software as a service - SaaS).

  6. Candidate – refers to a natural person participating in the recruitment processes of the Client.

  7. Service – refers to the service of creating and providing access to an account in the SmartyMeet System according to the Terms  and enabling the Client to use the service consisting of access via the Internet to the SmartyMeet System and its functionalities according to the plan/module selected by the Client.

  8. Personal Data – refers to personal data as defined by the Regulation of the European Parliament and of the Council (EU) 2016/679 of April 27, 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 (hereinafter "GDPR") entrusted to SmartyMeet Sp. z o.o. by the Client, including the personal data of Candidates.

  9. Account – refers to the Client's account in the SmartyMeet System.

  10. Demo/Trial – refers to a free trial account registered by the Client, active for 14 days from the date of registration, allowing for testing the SmartyMeet System before purchasing the Service.

  11. User – a natural person to whom the Client grants access to the System.

  12. Plan/Module – an option chosen by the Client for their Users. Different options vary in access to the functionalities of the System.

III. Using the SmartyMeet System

Creating an Account

  1. Using the SmartyMeet System requires creating an Account and paying the appropriate subscription fee (depending on the selected Plan/Module), as well as familiarizing oneself with the Terms  and the Privacy Policy.

  2. To create an Account, the Client should complete the registration form to the extent specified by SmartyMeet Sp. z o.o. as mandatory and follow the instructions displayed by the system.

  3. Completing the registration form results in the creation of a Demo/Trial account, which can be paid for by linking a credit card and selecting an option (Plan/Module). Linking a credit card (or choosing a billing form based on electronic invoices received), selecting a plan, and confirming the transaction means the purchase of the Service.

  4. Not linking a credit card during the trial period (Demo/Trial) and not expressing the desire to be billed in the form of receiving electronic invoices will result in the suspension of the Account (the expiration of the Service contract). The Service can also be purchased after the trial period has expired.

  5. The Client's use of the Service, in particular the submission of the completed registration form to SmartyMeet Sp. z o.o., means that the Client has entered into a service agreement with SmartyMeet Sp. z o.o. as specified in the Terms . The Service is made available to the Client immediately after the account has been created and SmartyMeet Sp. z o.o. has carried out the technical actions necessary to provide the Service.

  6. In the case of services provided on a monthly subscription basis, the initial period of validity is one month. Subsequently, the contract will be automatically renewed each month unless either party terminates it.

  7. ​​In the case of annual subscription contracts, the initial period of validity is one year. Subsequently, the contract will be automatically renewed each year unless either party terminates it.

  8. The Client may terminate the use of the Service (terminate the service agreement) at any time, effective at the end of the next billing period.

  9. SmartyMeet Sp. z o.o. may terminate the service agreement to the Client with effective at the end of the billing period, subject to other provisions of the Terms .

  10. During the term of the contract, the Client is entitled to change the selected Plan/Module of access to the SmartyMeet System and the length of the billing cycle (e.g., from monthly to annual).

  11. Upon termination of the Agreement, SmartyMeet Sp. z o.o. will delete the Client's account and all data entered by the Client into the SmartyMeet System within 30 days.

  12. To use the system, a computer or mobile device with Internet access and an up-to-date web browser is required. Recommended browsers include: Google Chrome, Mozilla Firefox, Safari, Microsoft Edge version 11 or higher. Due to the nature of the service, it is necessary to enable JavaScript scripts and cookies storage on the device. The use of browser plugins that may affect the proper functioning of the system is discouraged, particularly plugins that block pop-ups and modify web pages.

  13. The person creating the Account is obligated to provide true information during its registration. It is forbidden to share the Account with third parties, including by providing login and password details. Each login is performed using the information provided in the Account registration form.

  14. Any amendments and consolidated texts of the regulations, price lists, terms of service provision, or privacy policy related to the SmartyMeet System may be sent to the current email address disclosed in the Account and communicated through messages present in the Account or displayed by the SmartyMeet System. Providing an incorrect email address may result in the inability to provide the service and prevent the receipt of information related to the Service (including changes to the Terms ).

  15. Rights to the logo and name of the SmartyMeet System are held by SmartyMeet Sp. z o.o. and are legally protected.

  16. SmartyMeet sp. z o.o. may remove content that violates the Terms , defames, or harms the good name or interests of SmartyMeet sp. z o.o. or third parties.

  17. All rights to the SmartyMeet System are reserved for SmartyMeet sp. z o.o., including rights to its textual, graphic, photo, application, and database elements, and are protected by Polish and international law, particularly the provisions of the Act of February 4, 1994, on Copyright and Related Rights (Journal of Laws No. 24, item 83, as amended), the Act of July 27, 2001, on the Protection of Databases (Journal of Laws No. 128, item 1402, as amended), and the Act of April 16, 1993, on Combating Unfair Competition (Journal of Laws No. 47, item 211, as amended).

  18. The use of textual, graphic, photo, application, and database materials, as well as other elements contained in the SmartyMeet System, does not imply the acquisition by the Client of any rights to intangible assets, works, and databases contained therein.

  19. All costs associated with data transmission services or telecommunication services required to launch and use the SmartyMeet System are covered by the Client, based on the contract concluded by them with the Internet service provider or telecommunications service provider.

  20. SmartyMeet sp. z o.o. declares that the public nature of the Internet and the use of electronic services may pose a threat of obtaining, misappropriating, or modifying the data of Clients and data collected within the SmartyMeet System. To protect such data, Clients should use appropriate technical measures to minimize the above-mentioned threats, including antivirus programs or those protecting the identity of Internet users.

  21. For specific Services/Modules available in the SmartyMeet System, SmartyMeet sp. z o.o. may introduce separate regulations that will define separate procedures or conditions for concluding and terminating electronic service agreements.

  22. The SmartyMeet System presents informational content and advertising content. SmartyMeet sp. z o.o. has the right to place in the SmartyMeet System and present content or advertising/commercial materials related to the goods or services offered by SmartyMeet sp. z o.o., as well as goods or services of third parties, in forms used on the Internet.

IV. Rights and Obligations of the Client

  1. The Client undertakes to comply with the laws applicable in the territory of the Republic of Poland and the provisions of the Terms . The Client is required to acquaint Users with the content of the Terms  and is responsible for their actions and omissions in terms of compliance with the law and the Terms  as if they were their own actions and omissions.

  2. The Client/User is obliged to:
    a) not infringe on the rights or personal goods of SmartyMeet sp. z o.o. and/or third parties, particularly candidates;
    b) not share with third parties, other than employees of the Client or other persons acting on its behalf, the login and password to the Client's account in the SmartyMeet System;
    c) not duplicate any elements of the SmartyMeet System, not perform decompilation of the source code;
    d) use the SmartyMeet System exclusively for the needs of their business activities;
    e) pay on time.

  3. The Client/User bears sole responsibility for the content of the data they enter, and in the event that SmartyMeet Sp. z o.o. incurs damage in connection with the content of the data entered by the Client, they are obliged to repair the damage to the extent that the damage arose from the Client's fault.

  4. SmartyMeet Sp. z o.o. is entitled to block the Account if the Client/User acts contrary to the Terms , the law, infringing the rights of third parties or SmartyMeet Sp. z o.o., or fails to settle even one payment more than 1 day overdue. The Client has no claims against SmartyMeet Sp. z o.o. on this account.

  5. SmartyMeet Sp. z o.o. is entitled to discontinue providing the Service, which results in the expiration of the service agreement and the deletion of the Account along with its content (termination with immediate effect), in relation to the Client/User in the event of a violation of the Terms , the law, the rights of third parties or SmartyMeet Sp. z o.o., and if the Client:
    a) provided untruthful, inaccurate, or outdated information during registration in the SmartyMeet System, misleading or infringing the rights of third parties;
    b) committed via the SmartyMeet System an infringement of personal rights, particularly the personal rights of Candidates;
    c) engaged in other behaviors inconsistent with the applicable legal provisions, contrary to the purposes of creating the SmartyMeet System.
    d) exceeded payment deadlines by more than 5 days.

  6. Without prior consent from SmartyMeet Sp. z o.o., the Client may not transfer to a third party any rights or obligations related to the use of the Service. The Client should refrain from sharing login or password information with third parties. The Client is responsible as for their own actions or omissions for the actions and omissions of third parties to whom they have provided the password or login.

  7. The Client/User is prohibited from delivering content of an unlawful nature, particularly infringing personal goods or other rights, constituting threats or insults, inciting hatred, offensive. It is also forbidden to promote other websites or post other promotional or advertising content. Moreover, any actions that may destabilize the operation of the SmartyMeet System are prohibited, including introducing malicious software, breaking security measures, taking over IP addresses, SPAM.

V. Rights and Obligations of SmartyMeet Sp. z o.o.

  1. SmartyMeet Sp. z o.o. is obligated to safely store the data entrusted to it in the SmartyMeet System and to keep it confidential. Access to the data will be granted only to employees of SmartyMeet Sp. z o.o., for whom it is necessary to provide the Service properly and only for that purpose, as well as within the scope of receiving written authorizations in this regard, along with ensuring the obligation of confidentiality by these individuals. SmartyMeet Sp. z o.o. will make every effort to ensure that data transmission via the Internet while using the SmartyMeet System is secure, i.e., to ensure that the information transmitted is sent while maintaining confidentiality, integrity, and completeness of the transmitted data. Connections used by SmartyMeet Sp. z o.o. are encrypted.

  2. SmartyMeet Sp. z o.o. reserves the right to temporarily block the Client's access to the SmartyMeet System during the service term until the matter is clarified if it has reasonable doubt that the Client used the SmartyMeet System in violation of the Terms  or in case of overdue payments.

  3. SmartyMeet Sp. z o.o. is entitled to a temporary interruption in the operation of the SmartyMeet System and the services it provides for technical reasons. SmartyMeet Sp. z o.o. will exercise the utmost care to ensure that technical interruptions are as short as possible and conducted outside of working hours.

  4. In the event of an interruption in access to the SmartyMeet System lasting more than one day, the Client has the right to use the SmartyMeet System for free for as many days as the technical interruption lasted. The right to free use of the SmartyMeet System for the period referred to in the previous sentence constitutes the only compensation that the Client may seek from SmartyMeet Sp. z o.o. due to the lack of access to the SmartyMeet System. The Client hereby waives any other or further claims due to the lack of access to the SmartyMeet System.

  5. SmartyMeet Sp. z o.o. is not liable to the Client for non-performance or improper performance of services due to reasons not attributable to it, including reasons attributable to third parties over which it has no control or caused by force majeure. SmartyMeet Sp. z o.o. is not liable to the Client for any damages, lost benefits, revenues profits, information, or savings related to the use or inability to use the System, even if the Client has previously informed about the possibility of such damages or any third-party claims, except for liability for violating the confidentiality and security of the processing of the Client's data.

  6. Regardless of other provisions of the Terms , any liability of SmartyMeet Sp. z o.o. towards the Client under the service of access to the SmartyMeet System and other services covered by these Terms , regardless of the legal and factual basis, is limited to the actual damages of the Client and may not exceed the amount equal to the fees paid by the Client to SmartyMeet Sp. z o.o. for the use of access to the SmartyMeet System for the last 12 months preceding the event causing the damage, or if the Client used the SmartyMeet System for a shorter period of time – the amount equal to the fees paid for that period. The limitation of liability mentioned in this paragraph does not cover the Client's damages incurred based on personal data protection regulations, particularly under GDPR, in connection with the Service Provider's breach of its obligations regarding the protection of Personal Data.

  7. Client's Liability. The Client hereby agrees to indemnify and defend SmartyMeet and all entities of its capital group, board members, directors, agents, and employees against any costs, damages, expenses (including reasonable legal fees), judgments, losses, and other liabilities (including amounts paid in settlement) ("Liabilities") arising from any actions, claims, demands, proceedings, or lawsuits by third parties ("Claims") related to or arising from:
    (a) the Client's access to the System and/or Services or use thereof in violation of the Terms ,
    (b) Contents or data transmitted by the Client,
    (c) the Client's infringement of any third-party rights.

 

VI. Confidentiality

  1. SmartyMeet Sp. o.o. and the Client/User, based on these Terms , undertake to keep confidential and not disclose to third parties any information about the terms of providing the Service and all (including trade secrets) data of the other party, which information was obtained during or in connection with the provision of the Service, regardless of the way and form of its recording or transmission, particularly in written form, photocopy, fax, and electronic record, unless such information is publicly known. The principle of confidentiality does not cover the fact of concluding and performing the Service.

  2. SmartyMeet Sp. o.o. also undertakes to keep confidential the Personal Data entered into the System as well as the Client itself and its business activity.

  3. The above obligation does not apply to information that:
    a) is disclosed for the proper performance of the subject of the Service by the Client,
    b) were in the possession of SmartyMeet Sp. o.o. before starting the Service,
    c) have been made public,
    d) are disclosed based on the written consent of the Client.

  4. The obligation to maintain confidentiality specified in this paragraph does not violate the obligation to provide information to authorized bodies based on the absolutely applicable legal provisions.

  5. Subject to the provisions on the protection of the confidentiality of personal data contained in the data processing entrustment agreement, the obligation to maintain confidentiality remains in force even after the completion of the Service for a period of 5 years.

VII. Complaints

  1. All complaints should be sent to the email address help@smartymeet.com.

  2. The complaint should enable the identification of the person submitting it to inform them about the way of handling the complaint. For this purpose, the person submitting the complaint should indicate in the complaint, in particular, their name and surname, email address. Moreover, the complaint should contain a description of the subject of the complaint and the specific request of the Client related to the submitted complaint.

  3. SmartyMeet Sp. z o.o. will consider the complaint within 10 business days from the day of its receipt, unless additional information from the Client or the need to perform additional actions is required. In such a case, the period of considering the complaint is appropriately extended.

  4. The Client agrees for SmartyMeet sp. z o.o. to intervene in the technical structure of the Account in order to diagnose irregularities in the functioning of the Service, and to make changes or any other impact on the technical side of the Account, to restore the proper functioning of the Account itself or the Service, or to modify it according to the Client's complaint request.

VIII. Fees

  1. The fee for each month of access to the SmartyMeet System depends on the Plan/Module chosen by the Client. It is possible to settle the payment for access to the System in advance on an annual basis. Payments are non-refundable, and payment obligations cannot be canceled. The fee will be adjusted as the number of modules increases or the Package changes.

  2. Fees for access to the SmartyMeet System are settled monthly (Billing Period) through an automatic payment collection system from the Client's registered credit/debit card (the Client authorizes SmartyMeet Sp. z o.o. to execute payment orders from the Client's card when payment becomes due).
  3. In the case where the Client does not register a suitable credit/debit card and does not select the desired option in the system, they should make payments for subsequent monthly Billing Periods in advance based on electronic invoices received. The Client is obligated to inform the Service Provider in writing (electronically) about choosing such a form of payment. Payments are made in Euro currency.
  4. SmartyMeet Sp. z o.o. will issue the first VAT invoice within 3 days from the date of concluding the service agreement. Issuing the first invoice signifies the start of the Billing Period. SmartyMeet Sp. z o.o. will send the invoice to the Client via email to the address provided by the Client in .pdf format with a 5-day payment deadline. The Client agrees to the invoice being sent in the manner specified in the previous sentence.
  5. In case of payment delays, SmartyMeet Sp. z o.o. is entitled to charge statutory interest for late payment in commercial transactions. If payment delays exceed 1 day, SmartyMeet Sp. z o.o. is entitled to block the Client's access to the SmartyMeet System until full payment is settled.
  6. The Client is obligated to pay the full fee for access to the SmartyMeet System also for the period of lack of access to the System as a result of its blocking by SmartyMeet Sp. z o.o. based on the Terms .

IX. Changes to the Terms of Service

  1. The Terms  come into effect upon their publication on the website.
  2. SmartyMeet Sp. z o.o. reserves the right to change the Terms  at any time, particularly for important technical, legal, and/or organizational reasons, without the need to justify these reasons. Changes to the Terms  come into effect on the day of their publication on the website (particularly by publishing the consolidated text of the Terms  containing the changes), to the extent permissible by the applicable regulations.
  3. The Client acknowledges and agrees that further use of the Services covered by the Terms  after the date of any changes to the Terms  signifies acceptance of its amended content. If the Client disagrees with the proposed changes to the Terms , they have the option to terminate the agreement by deleting the account and its Contents. In such a case, funds paid for future periods of using the Service will not be refunded to the Client.
  4. Changes to the Terms will not in any way violate the rights acquired by Clients who are consumers before the effective date of the changes to the Terms .

X.Entrustment of Personal Data Processing

  1. The Client declares that they are the sole administrator of Personal Data collected and processed by the Client using the SmartyMeet System and processes them in accordance with the applicable legal provisions.
  2. If, in connection with the provision of the Service, it is necessary to process personal data by SmartyMeet Sp. z o.o. (Processor), for which the Client is the Administrator, then the parties shall conclude an agreement to entrust the processing of Personal Data (hereinafter referred to as the Entrustment Agreement) on the terms indicated below.
  3. The provisions of Chapter X set the conditions under which the Processor performs operations of processing Personal Data on behalf of the Administrator.
  4. The parties aim to regulate the principles of processing Personal Data in a manner that fully complies with the provisions of the Regulation of the European Parliament and of the Council (EU) 2016/679 of April 27, 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) (Official Journal of the EU L 119, p. 1) – hereinafter GDPR.
  5. The parties entering into the Entrustment Agreement aim to regulate the principles of processing Personal Data in a manner that fully complies with the provisions of the Regulation of the European Parliament and of the Council (EU) 2016/679 of April 27, 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) (Official Journal of the EU L 119, p. 1) – hereinafter GDPR.
  6. Under the terms specified in this Entrustment Agreement, the Administrator entrusts the Processor with the processing (as defined by GDPR) of Personal Data described in the following parts.
  7. Processing will be carried out for the duration of the Service and up to 14 days after the Administrator ceases to use the SmartyMeet System.
  8. The nature of the processing is determined by the following role of the Processor:
    a) providing access via the Internet to the SmartyMeet System, i.e., making available and maintaining a remote programming platform for conducting employee recruitment in a hardware-software environment rented by the processor,
    b) the purpose of processing is to enable the Administrator to use the SmartyMeet System for conducting the recruitment process of employees.
  9. Processing will cover the following types of personal data ("Data"):
    a) first and last name,
    b) email address,
    c) and other data collected by the Administrator as part of their recruitment processes and entered into the System.
  10. The processing of Data will concern the following categories of individuals:
    a) candidates,
    b) potential candidates,
  11. The Processor may entrust specific operations of processing the Data ("sub-entrusting") by way of a written sub-entrustment agreement ("Sub-entrustment Agreement") to other processing entities, i.e., entities providing hosting services for data storage ("Sub-processors"). The hosting service provider for SmartyMeet Sp. z o.o. is Amazon Web Services. The Administrator agrees to such sub-entrusting of data processing (general consent of the administrator).
  12. When sub-entrusting, the Processor is obliged to require the Sub-processor to fulfill all obligations of the Processor resulting from this Entrustment Agreement, except for those that do not apply due to the nature of the specific sub-entrusting.
13. The Processor processes Data solely in accordance with the instructions or directions of the Administrator. The Administrator is responsible for the actions they perform in the System.

14. The Processor obtains documented commitments to maintain secrecy from persons authorized to process Data in the performance of the Agreement, or ensures that these persons are subject to a statutory obligation of secrecy.

15. The Processor ensures the protection of Data and takes data protection measures as mentioned in Article 32 GDPR, in accordance with further provisions of the Agreement.

16. The Processor complies with the terms of using the services of another processing entity (Sub-processor).

17. The Processor commits to the Administrator to respond to requests from the person whose data is concerned, regarding the exercise of rights defined in Chapter III GDPR ("Individual's Rights"). The Processor declares that it provides support for Individual's Rights in relation to the entrusted Data in accordance with the policies and procedures in force at the Processor.

18. The Processor cooperates with the Administrator in the performance of the Administrator's duties in the area of personal data protection, as mentioned in Articles 32-36 GDPR (data protection, reporting breaches to the supervisory authority, notifying individuals affected by a data protection breach, data protection impact assessment, and prior consultation with the supervisory authority).

19. If the Processor has doubts about the legality of the instructions or directions issued by the Administrator, the Processor immediately informs the Administrator of the identified doubt (in a documented and reasoned manner) and may refrain from executing the instruction or direction at the cost and risk of the Administrator until exhaustive explanations are received.

20. When planning to make changes in the way of processing Data, the Processor is obliged to adhere to the privacy by design requirement as mentioned in Article 25(1) GDPR and is obliged to inform the Administrator in advance about planned changes in such a way and within such deadlines to provide the Administrator with a real possibility to react if the changes planned by the Processor threaten the agreed level of security of the Data or increase the risk of infringement of rights or freedoms of individuals due to the processing of Data by the Processor.

21. The Processor undertakes to restrict access to Personal Data only to individuals whose access to the Data is necessary for the performance of the Agreement and who have the appropriate authorization.

22. The Processor undertakes to maintain documentation describing the method of processing Data, including a register of categories of data processing operations (requirement of Article 30(2) GDPR). The Processor makes available to the Administrator on request the register of categories of processing operations maintained by the Processor, excluding information constituting the Processor's trade secret or other clients of the Processor.

23. The Processor is obliged to provide appropriate training in personal data protection to persons authorized to process Data.

24. The Administrator is obliged to cooperate with the Processor in the performance of the Agreement, provide explanations to the Processor in case of doubts about the legality of the Administrator's instructions, and also to fulfill their detailed obligations promptly.

25. The Processor has conducted a risk analysis of processing the entrusted Data and adheres to its results regarding organizational and technical data protection measures.

26. The Processor notifies the Data Administrator of any suspicion of a breach of Personal Data protection no later than 72 hours after detecting the risk of a breach and the breach itself, allows the Administrator to participate in explanatory actions and informs the Administrator of the findings as they are made, in particular about the determination of a breach.

27. Notification of the determination of a breach should be sent along with all necessary documentation concerning the breach, to enable the Administrator to fulfill the obligation to notify the supervisory authority.

28. The Administrator controls the method of processing the entrusted Personal Data after prior informing (at least 3 business days) the Processor about the planned control. The Administrator or persons designated by them are authorized to (i) enter the premises where Personal Data is processed and (ii) inspect the documentation related to the processing of Personal Data. The Administrator is entitled to demand from the Processor information concerning the course of processing Personal Data, and access to registers of categories of processing operations. The costs of audits or inspections and responsibility for any damages incurred by the Processor due to this are borne by the Administrator.

29. The Processor cooperates with the personal data protection office in the performance of its tasks.

30. THE PROCESSOR:
a) provides the Administrator with all information necessary to demonstrate the Administrator's compliance with GDPR provisions,
b) allows the Administrator or authorized auditor to conduct audits or inspections in a manner that does not disrupt the current activities. The Processor cooperates in the implementation of audits or inspections.

31. The Administrator declares that they are the Data Administrator and are authorized to process the Data to the extent that they have entrusted it to the Processor.

32. The Processor declares that as part of its business activities, it professionally deals with the processing of personal data covered by the Entrustment Agreement and the Service, has the necessary knowledge, appropriate technical and organizational means, and guarantees the proper execution of this Entrustment Agreement.

33. At the Administrator's request, the Processor will show the Administrator appropriate references, a list of experience, financial information, or other evidence that the Processor provides sufficient guarantees for the implementation of appropriate technical and organizational measures so that the processing meets the requirements of GDPR and protects the rights of the individuals concerned.

34. The Processor is liable for damages caused by its actions in connection with the failure to fulfill the obligations that GDPR directly imposes on the Processor or if it acted beyond lawful instructions of the Administrator or contrary to those instructions.

35. If the Sub-processor fails to fulfill its data protection obligations due to its own fault, the liability towards the Administrator for the fulfillment of obligations by the Sub-processor rests with the Processor.

36. Upon termination of the Agreement, the Processor has no right to continue processing the entrusted Data except for their deletion and is obligated to:
a) delete the Data,
b) delete all existing copies or return the Data, unless the Administrator decides otherwise or European Union law or the law of a member state mandates further storage of the Data.

37. The Processor will delete the Data after 14 days from the end of the Agreement unless the Administrator instructs it to do so earlier.

XI. Special Provisions for Clients who are Consumers or who are entitled to certain Consumer rights by virtue of special provisions

  1. This paragraph of the Terms  applies only to Clients who are Consumers or Clients who are entitled to certain consumer rights by virtue of special provisions.
  2. Detailed information on the possibility for the Client who is a Consumer to use out-of-court methods of handling complaints and pursuing claims, and the rules for accessing these procedures, is available on the website of the Office of Competition and Consumer Protection at: https://uokik.gov.pl/out-of-court_consumer_dispute_resolution.php. The President of the Office of Competition and Consumer Protection also operates a contact point (telephone: 22 55 60 333, email: kontakt.adr@uokik.gov.pl, or written address: Pl. Powstańców Warszawy 1, 00-030 Warsaw), which, among other things, helps consumers with matters related to out-of-court resolution of consumer disputes.
  3. The Client who is a Consumer may use out-of-court methods of handling complaints and pursuing claims. The electronic link to the ODR platform (Online Dispute Resolution), i.e., an interactive page that allows for electronic resolution before an ADR entity (Alternative Dispute Resolution; non-judicial conciliator) of a dispute from an online sales contract or service provision agreement between a consumer residing in the European Union and a business based in the EU, is here: http://ec.europa.eu/consumers/odr.
  4. The right to withdraw from the agreement for using the SmartyMeet System is granted to the Client who has entered into a service agreement with SmartyMeet sp. z o.o. as a Consumer. The right to withdraw on the same terms as a Consumer is also granted to other Clients to whom special provisions have granted such a right.
  5. The entitled Client, referred to in paragraph 4, may withdraw from the agreement within 14 days of its conclusion. Withdrawal is made by sending a statement of withdrawal in writing or electronically to SmartyMeet sp. z o.o.
  6. The right to withdraw does not apply to the Client in the case where, with their consent, SmartyMeet sp. z o.o. started providing the Service before the expiry of 14 days from the conclusion of the agreement.

XII. Basic Services

  1. We may invite the Client to use our Services ("Basic") for free.
  2. Basic Products may contain errors and are provided solely for limited evaluation.
  3. If the user has access to Services under the free Basic plan, we will provide them with the Services on a trial basis, free of charge, until the end of the free trial period.
  4. Basic Services are provided as is, without any warranty, express, implied, statutory, or otherwise. SmartyMeet, in particular, disclaims all implied warranties of merchantability, non-infringement, and fitness for a particular purpose with respect to Basic Services.
  5. SmartyMeet is entitled to terminate or discontinue Basic Services at any time.
  6. SmartyMeet is not liable for Basic Services or for any damage, destruction, or loss of data or documents (including Client Data) resulting from the use of the Services.

XIII. Final Provisions

  1. The exclusive source of SmartyMeet Sp. z o.o.'s obligations is the Terms  and the legal provisions applicable in the territory of the Republic of Poland.
  2. The law applicable to all legal relations arising from the Terms  between SmartyMeet Sp. z o.o. and the Client is the law in force in the territory of the Republic of Poland. The place of conclusion and performance of the service agreement is the location where SmartyMeet Sp z o.o. has its registered office.
  3. All disputes arising from the service provided by SmartyMeet sp. z o.o. are subject to the exclusive jurisdiction of the court of general jurisdiction competent for Warsaw Śródmieście.
  4. For matters not regulated by these Terms , the universally applicable provisions of Polish law apply, in particular: the Civil Code; the Act on the provision of services by electronic means dated July 18, 2002 (Journal of Laws 2002 No. 144, item 1204, as amended); the Act on Consumer Rights and other relevant provisions of generally applicable law.
  5. The SmartyMeet System is continuously developed, which is why SmartyMeet reserves the right to update functionalities and modules. These modifications do not change the fundamental purpose and functionality of the modules and guarantee that they will not degrade the quality of the product (in relation to the software). (i) You have the right to refuse the provision of update services and decide to terminate the agreement with SmartyMeet earlier. In such a case, SmartyMeet does not refund the payments made.