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Rules of using the Procurement Platform dated 25.05.2018

1. Definitions:

Definitions used in the Terms of Use mean as follows:

Terms of use - the present Purchasing Platform terms of use.

Procurement Platform - a closed Internet service run by the Operator, which includes electronic auctions, offer inquires and public procurement within the meaning of the provisions of the Public Procurement Law Act (Journal of Laws of 2016, item 1578, as amended), submission of commercial offers, electronic communication and provision of other services related to trade. The functionality of the Procurement Platform may vary depending on the terms of the cooperation agreement signed between the System Administrator and the System Operator's Client.

Administrator Systemu – Logintrade S.A., z siedzibą we Wrocławiu, 54-203 Wrocław, ul. Legnicka 57D, local B/J, wpisaną do Krajowego Rejestru Sądowego, prowadzonego przez Sąd Rejonowy dla Wrocławia-Fabrycznej VI Wydział Gospodarczy KRS, pod numerem 0000438056, NIP 8942953589, REGON 020811830.

Platform Operator - LT Serwis sp. z o.o. With its registered office in 00-644 Warsaw, ul. Polna 48/11, entered into the register of entrepreneurs kept by the District Court for the capital city of of Warsaw in Warsaw, XII Commercial Division of the National Court Register, under the number 0000311815, NIP 8992656072, REGON 020811361 - an entity responsible for the processing of personal data, in particular: receiving and handling of applications, communication with the Contractor and the Ordering Party, management of the contractor database, etc..

Proceeding - public announcement or direct invitation for the Contractor to submit a commercial offer.

User - an entity which accepted the terms of these Regulations and registered in the Ordering Party's Contractors' database, for which an Account was created and thus gained access to the services provided within the framework of the Procurement Platform.

Account - an account that is run for the User under a unique name (login), secured with a password. It is a resource collection, in which data and information about the User's activities on the Purchasing Platform are stored.

2. Purchasing Platform Terms of Use :

  1. The User is either a legal person or an organizational unit without legal personality that accepts the Terms of Use and has registered at the Purchasing Platform.
  2. Registration and participation in the proceedings on the Purchasing Platform are free.
  3. The subject of the proceedings, the trade offer and the auction may only be products and services that are not in conflict with the law.
  4. Any action that hinders or destabilizes the Procurement Platform is unacceptable. The Platform Operator reserves that any attempt to: gain access to the information stored in the system; break or bypass electronic or IT security measures; destroy, damage, delete or change data stored in the system; disrupt the service, undertaken by an unauthorized person, shall be prosecuted under the law of the Republic of Poland, in particular under the Act of 6 June 1997 - The Penal Code (Journal of Laws no. 88, item 553 as amended).

3. Operator obligations and responsibilities:

  1. The Operator provides incessant acces to the Purchasing Platform, except for the technical breaks, necessary for the Platform's operation.
  2. The Operator is obliged to inform all the Users about any additional paid services that have been introduced into the Purchasing Platform, as well as not to charge any fees unless a service has been ordered by the User.
  3. The Platform Operator reserves the right to modify the website at any time. Changes to the terms and conditions shall enter into force after their publication. By using the Procurement Platform, the user accepts the terms and conditions in their entirety.
  4. With the proviso of the limitations resulting from the generally applicable law, the Operator does not bear responsibility for the damages resulting in relation with the Purchasing Platform, its usage, inability to use it by any of the Users, its defective functioning, faults, deficiencies, interferences, defects, delays in operation and transfer, computer viruses, system or line failures.
  5. The Operator bears responsibility neither for the User's activity within the service nor for an inadequate completion of or lack of completion of contracts resulting from auctions or from submitted competitive offers. The Operator does not bear responsibility for the consequences of the Users' or third parties' actions that are in breach with the terms of use.
  6. In particular, the Platform Operator shall not be liable for the following:
    1. quality, safety or legality of the goods or services provided by the Contractors,
    2. authenticity and truthfulness of the information provided by the Users,
    3. not concluding a contract by the Users,
    4. any hindrances to the User or their inability to take part in an Auction or sumbit an offer, for reasons unrelated to the Operator,
    5. damages resulting from the lack of execution or inadequate execution of contracts that have been concluded by means of the Purchasing Platform, as well as the damages resulting from other Users' activity or their desistance,
  7. The Operator is not responsible for the disclosure of an account name and password to the Procurement Platform by the Contractor to a third party.
  8. The Platform Operator is not a party to the agreements entered into between the Ordering Party and the Suppliers and in particular shall not be liable for any claims of Users who have entered into an agreement as a result of an auction or on the basis of inquiries sent and commercial offers submitted using the Procurement Platform.
  9. The Platform Operator is not a competent institution for resolving disputes between the Ordering Party and the Contractor..
  10. Disputes between the Contractors and the Platform Operator shall be settled by the competent courts for the city of Wrocław.

4. Data protection with regard to processing by the Ordering Party:

  1. The personal data administrator in Users’ offer considerations is the Ordering Party.
  2. In matters related to data protection, you should contact the Data Protection Inspector via e-mail: ochronadanych@logintrade.com.pl.
  3. Users’ data is processed on the basis of the consent given by them at the time of registration solely for the purpose of ensuring that the offer is considered..
  4. The Controller does not intend to disclose the processed data to external parties, except as provided for by law.
  5. Personal data is processed for the period necessary to perform the service, unless the law provides otherwise.
  6. The User provides his personal details voluntarily, however their provision is a necessary condition to use the Procurement platform..
  7. The User has the right to access the content of their personal data and to rectify, erase or limit their processing, rectification.
  8. The user has the right to object to the processing as well as to the transferring of data.
  9. The User has the right to withdraw your consent to the processing of your data at any time. The exercise of the right of withdrawal shall not affect processing carried out on the basis of the consent prior to the withdrawal.
  10. The user has the right to lodge a complaint with the supervisory authority.
  11. The administrator does not allow the use of the services listed in these Rules anonymously or under a pseudonym.
  12. The Controller ensures the protection of personal details in accordance with the provisions of the Act dated August 29, 1997 on Protection of Personal Data (consolidated text: (Journal of Laws of 2016, item 922, as amended), and after 25 May 2018 in accordance with the provisions of the 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 (O L EU 119, 4 May 2016) and national legislation.

5. Protection of personal data with regard to processing by the System Administrator and the Operator:

  1. In the scope concerning the management of the procurement platform, with respect to the data of Contractors, Business Partners and Contraciting Authority's Clients registered on the Procurement Platform, the controller is Logintrade S.A. with its registered office in Wrocław (the System Administrator), e-mail address: kontakt@logintrade.pl, who entrusts data processing to LT Serwis sp. z o.o. with its registered office in Warsaw (the Platform Operator).
  2. In matters related to data protection with regard to their processing by Logintrade S.A. and LT Serwis sp. z o.o., you should contact the Data Protection Inspector via e-mail: ochronadanych@logintrade.com.pl.
  3. Users’ data is processed by Logintrade S.A. and LT Serwis sp. z o.o on the basis of the consent given by them at the time of registration solely for the purpose of ensuring the Ordering Party platform’s functionality..
  4. The Controller does not intend to disclose the processed data to external parties, except as provided for by law.
  5. Personal data is processed for the period necessary to perform the service, unless the law provides otherwise.
  6. The User provides his personal details voluntarily, however their provision is a necessary condition to use the Procurement platform..
  7. With respect to the data processed by Logintrade S.A. The User is entitled to all rights provided for in point 4 sec. 7-10..
  8. Logintrade S.A. with its registered office in Wrocław, performs the function of the System Administrator of the Procurement Platform and performs tasks ensuring the proper function of the Procurement Platform.
  9. LT Serwis with its registered office in Warsaw performs the functions of the Platform Operator and performs tasks related to the processing of personal data within the scope of the Procurement Platform.

6. Trade secret:

  1. The Ordering Party stipulates that any technical, technological, organizational information of the companies of Ordering Party undisclosed to the public in accordance with the law, or other information having commercial value for Ordering Party made available to the User in connection with using the Procurement Platform are legally protected business secrets of the Ordering Party, unless the User and the Contractor agreed otherwise in writing under pain of nullity..

7. Final provisions:

  1. The Rules become binding towards the User the moment they register in the Ordering Party’s contractor base and create an account on the Procurement Platform.
  2. The Operator can suspend their Account for a definite or an indefinite period in the case where a User's actions violate the provisions of the Rules, have a negative effect on the image of the website or otherwise harm the Operator or the Ordering Party..
  3. Cases not regulated by the present Terms of Use will be resolved on the basis of appropriate Civil Code regulations, acts of law and regulations issued on their basis.