Website Terms and Conditions of Use

Website administrator

The netguru.com website’s (“Website”) owner and administrator is Netguru S.A., a joint-stock company incorporated under the laws of the Republic of Poland, with its registered office in Poznań (61-756), ul. Małe Garbary 9, entered into the register of entrepreneurs of the Polish National Court Register maintained by the District Court for Poznań - Nowe Miasto i Wilda in Poznań, 8th Commercial Division of the National Court Register, under KRS number: 0000745671, Tax Identification Number (NIP): 7781454968, REGON 300826280, share capital of PLN 104 525,96, fully paid up (“Netguru”).

Terms and Conditions of Use

By accessing this Website, you agree to be bound by these Website Terms and Conditions of Use (“T&C”), all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this Website. The materials contained in this Website are protected by applicable copyright and trade mark law.
You may use the Website only for lawful purposes. It is forbidden to use the Website: in any way which may lead to a violation of applicable law; in any manner that is unlawful or dishonest, or in a manner that seeks to achieve an unlawful or unfair purpose; to send, knowingly receive, upload, use or reuse content that does not comply with the T&C; to forward or provoke the shipment of any unsolicited or unauthorized advertising or promotional materials, as well as any similar forms belonging to the collective category of “spam”; to knowingly transfer any data, send or upload any material containing viruses, trojans, spyware, adware or other malicious software or similar computer codes programmed to adversely affect or threaten the functioning of any software, network or computer equipment. It is forbidden to attempt to gain unauthorized access to the server on which the Website is stored, computer or database related to the Website, as well as any unauthorised access aimed at or resulting in damage or disruption of any part of the Website, equipment or network where the Website is stored, any software used to operate the Website or any equipment, networks or software owned by or used by third parties.

Use License

Netguru grants permission to temporarily download one copy of the materials on the Website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

i. modify or copy the materials;
ii. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
iii. attempt to decompile or reverse engineer any software contained on the Website;
iv. remove any copyright or other proprietary notations from the materials; or
v. transfer the materials to another entity or "mirror" the materials on any other server.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by Netguru at any time. Upon termination, your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

Disclaimer

Netguru makes no warranties and representations, expressed or implied, to the digital availability, functionality, compatibility, visibility and/or comprehensibility of the Website. Netguru makes no guarantee that the Website or any of its contents will always be available or access will not be impeded. Netguru holds no liability for any temporary or permanent unavailability or inaccessibility of the Website, in whole or in any part, for any reason and at any time. The materials on Website are provided "as is". Netguru makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Netguru does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on the Website or otherwise relating to such materials or on any sites linked to this site.
Any information or statements included on the Website shall not constitute a binding offer and cannot be construed as such.

Limitations

In no event shall Netguru or its suppliers be liable for any damages (including, without limitation, damages for loss of data, profit,, anticipated savings, violation of business continuity, loss of reputation, claims of third parties, damage caused by delay or moral damage) arising out of the use or inability to use the materials on the Website,. In particular, Netguru is not liable for damages caused by viruses and other software, and/or that results from accessing or downloading materials that the Website contains. If you decide to download materials from the Website, you do so at your own risk.
Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

Revision & Errata

The materials appearing on the Website could include technical, typographical, or photographic errors. Netguru does not warrant that any of the materials on the Website are accurate, complete, or up-to-date. Netguru is entitled to suspend, withdraw, cease operation or modify all or some elements of the Website at any time without notice.. Netguru does not, however, make any commitment to update the materials.

Modification

Netguru may revise, modify or amend the T&C at any time without notice. By using this Website you agree to be bound by the current version of the T&C.

Breach, Governing Law

If Netguru becomes aware of a breach of the T&C, Netguru may immediately implement corrective actions, including disabling access to the Website as well as removing any information, data and content provided by the user on the Website at any time, to any extent and without notice.
Any claims or disputed relating to the use of Website or a breach of this T&C shall be governed by the laws of the Republic of Poland without regard to its conflict of law provisions. Any claims and disputes shall be settled by the competent Polish common court, having jurisdiction over Netguru registered seat.

Privacy Policy

The privacy of our website’s users is very important to us, which is why we have developed this Privacy Policy so that you can understand how we collect, process, disclose, and use your personal information.

Netguru S.A. as the Administrator of the service and personal data ensures that:

1. Data shall always be collected for specified and clearly defined purposes and to the extent necessary to achieve those purposes.
2. Personal data shall be kept for as long as necessary to achieve these purposes.
3. Personal data shall be collected lawfully and fairly at all times, where appropriate, with the knowledge or consent of the data subject.
4. Personal data is protected with reasonable safeguards against loss or theft, as well as against unauthorized access, disclosure, copying, use or modification.
5. Its clients are provided with information about the rules and practices relating to personal data management.

Article 1. Privacy and processing information

1. The administrator of personal data is Netguru S.A. with its registered office in Poznań (61-740), 9 Małe Garbary Street, entered into the register of entrepreneurs of the National Court Register kept by the District Court for Poznań - Nowe Miasto and Wilda in Poznań, VIII Commercial Department of the National Court Register, under KRS number: 0000745671, NIP: 7781454968, share capital of 101 520.99 PLN.

2. Netguru S.A. as a personal data administrator (hereinafter referred to as "Administrator") attaches great importance to the protection of privacy and confidentiality of personal data of Users who make their data available in electronic form through forms available on the website in the domain netguru.com (hereinafter referred to as "netguru.com"), the rules of which are specified in the Terms of Use (hereinafter referred to as "Terms of Use").

3. The Data Protection Officer can be contacted via e-mail: dpo@netguru.com.

4. The controller shall with due diligence select and apply appropriate technical and organizational measures to protect personal data being processed. Full access to databases is granted only to persons authorized by the Administrator.

5. The Administrator protects personal data against unauthorized access and processing in violation of applicable regulations.

6. Visitors to netguru.com can browse through subpages of the website without providing personal data.

Article 2. Grounds for processing personal data

1. Personal data shall be processed by the Controller in accordance with the law, in particular 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 and repealing Directive 95/46/EC (hereinafter referred to as 'GDPR').

2. Personal data are processed to:

a. answer questions addressed to the Administrator through the contact form available on netguru.com website, including interactive windows available on each subpage of the website (according to article 6.1.f of the GDPR);
b. dispatch of marketing content, including information about planned events and workshops, business information, newsletter or dispatch of eBooks and other information on the basis of the consent given (Article 6(1)(a) of the GDPR);
c. recruitment, including:
- to establish and maintain contact with the Candidate in relation to the application documents submitted, pursuant to Article 6(1)(b) of the GDPR, i.e. in relation to taking action at the request of the data subject before concluding a contract,
- carrying out and resolving the recruitment process based on Article 6(1)(b) of the GDPR, i.e. taking the necessary actions at the request of the data subject before concluding the contract - in the scope of data indicated in Article 221 §1 of the Labor Code and on the basis of the Candidate's consent, i.e. Article 6(1)(a) of the GDPR and in the scope of data beyond the catalog indicated in Article 221 §1 of the Labor Code,
- to take account of the Candidate's application documents in future recruitment processes on the basis of his/her voluntary agreement (Article 6(1)(a) of the GDPR).
d. establishing contact in order to prepare, at the Customer's request, an offer of the Administrator's services and/or products tailored to the Customer's needs (Art. 6.1.b of the GDPR),
e. adapting and developing the website's functionalities, including its structure and content to the needs of Internet users, creating aggregated statistics, and preserving the security and quality of services provided by the service - based on the legitimate interest of the administrator (Article 6(1)(f) of the GDPR);
f. investigation or safeguard against possible claims (according to Article 6(1)(f) of the GDPR).

3. Regardless of the purpose of the processing, providing the data is voluntary, however, failure to do so may prevent, depending on the specific case, the conclusion of a contract, use of selected services within the service and its functionality or receipt of marketing content.

4. The User should not provide the Administrator with personal data of third parties. In case of transfer of third parties' data, the User is obliged to sign a declaration that he has the consent of third parties to transfer the data to the Administrator.

Article 3. Scope of processing of personal data

The Administrator processes personal data only to the extent necessary to achieve a strictly defined purpose, in accordance with the information indicated below:

1. Sending a message through the contact form, among others: e-mail address and telephone number and all other information that the User will provide of his own free will in the addressed message;

2. Sending newsletters, commercial and business information and e-books: name and surname, e-mail address, telephone number, among others;

3. Recruitment: the e-mail address from which the message was sent and the information contained in the application form;

4. Preparation of offers: name and surname, e-mail address, telephone number, and other information contained in the message sent through the contact form;

5. Customization and development of website functionality: IP addresses collected during Internet connections for technical purposes related to server administration.

The Administrator does not make automated decisions on the basis of data collected about Users.

Article 4. Data retention period

Personal data shall be kept only for the time necessary to achieve the specific purpose for which it was transmitted or to ensure compliance, as set out below:

1. Personal data collected for the purpose of answering questions asked via the contact form will be processed no longer than 12 months after the last contact;

2. Data collected for the purpose of sending marketing content, newsletters, commercial and business information and e-books will be processed until the withdrawal of consent by the User;

3. Personal data collected for the purposes of recruitment will be processed for the duration of the recruitment process, and if the Candidate agrees to leave the data for the purposes of future recruitments, they will be stored until the withdrawal of the consent, but not longer than 24 months from the date of its granting;

4. Personal data collected for the purposes of preparing a personalized offer for products and/or services will be processed for the duration of the offer negotiation, and after its completion for 12 months counted from the date of the last contact, or they will feed the Administrator's customer database in order to execute the concluded agreement.

Article 5. Recipients of personal data

1. Users' data may be made available to entities authorized to receive data in accordance with applicable laws, including relevant judicial authorities.

2. Personal data may be transferred to entities cooperating with the Administrator on the basis of appropriate agreements, including selected marketing agencies and partners providing technical services (development and maintenance of IT systems and websites).

3. Personal data may be transferred to a third country/international organization, as described in the points below:

a. Users' personal data may be processed on servers located outside their country of residence;

b. Users' personal data may be transferred outside the European Economic Area (EEA) to a third country, i.e. the USA, to entities meeting the required level of protection under the European Commission's decision of 12 July 2016, the so-called Privacy Shield. These entities comply with the rules established by the U.S. Department of Commerce under the EU-US Privacy Shield Framework Programs governing the collection, use and retention of personal data from European Union Member States.

Article 6. Rights of persons

1. The user is obliged to provide complete, current and up-to-date data.

2. Every user whose personal data is processed by the Administrator is entitled to:

a. access the data,

b. correct the data,

c. deletion of the data,

d. restrict the processing of data,

e. transfer the data,

f. object to the processing of data which takes place on the basis of the Administrator's legitimate interest,

g. withdraw consent (where processing is based on consent) at any time without affecting the lawfulness of processing carried out on the basis of consent before withdrawal.

3. You can exercise the rights set out in the above section by sending an appropriate request, providing your user name and e-mail address to dpo@netguru.com.

4. The user has the right to appeal to the supervisory authority if he considers that the processing of personal data violates the rules of the GDPR.

Article 7. Cookie policy

Netguru S.A. collects data in logs, which are used only for the purposes of service administration, and these data are not transferred to third parties.

1. In accordance with established practice, we store HTTP queries addressed to our server. The resources viewed are identified by their URLs. The information collected in the logs is:

- The public IP address of the computer from which the query came,

- User station name - identification implemented by http protocol, if possible,

- User name given during the authorization process,

- Time for the inquiry to arrive,

- First line of the http request,

- The http response code,

- The number of bytes sent by the server,

- The URL of the page previously visited by the user, in case the Company's website was accessed via a link,

- Information about your browser,

- Information about errors that occurred in the execution of http transactions.

2. This data is not connected to specific people browsing the Administrator's pages.

3. In order to ensure the highest quality of service, the Administrator periodically analyses log files in order to determine which pages are visited most often, which web browsers are used, whether the structure of the site does not contain errors, etc.

4. The collected logs are stored for 24 months as auxiliary material used to administer the service - on the basis of cookie files, statistics may be generated which do not contain any features identifying the persons visiting netguru.com.

5. The following types of cookies are used on the website:

a. security cookies, e.g. used to detect misuse of authentication;

b. "performance" cookies, enabling the collection of information on how to use the website;

c. "functional" cookies, enabling "remembering" the settings selected by the User and personalizing the User's interface, e.g. in terms of the selected language or region from which the User comes from, font size, appearance of the website, etc.

6. Cookies are not used to process or store personal data. They cannot be used to directly identify the User and do not make any configuration changes in the browser or telecommunication devices.