Client Terms of Service

§1. Definitions

Whenever the following terms and definitions are used in these Terms of Service, they shall be understood as follows:

Electronic address

– a designation of an ICT system enabling communication via electronic means of communication, in particular email.

CV Database (Candidate Database)

– dedicated sections of the Service containing CVs voluntarily posted by Users under the terms of the Service Regulations, hosted on the Service Administrator's server or a cooperating entity's server. The CV Database is available to Clients using an Employer account.

CV

– the User's curriculum vitae voluntarily placed in the CV Database, containing the User's data arranged in specific categories (the so-called User Profile). A CV may also take the form of a separate file voluntarily uploaded by the User, in particular a .doc, .pdf file, etc.

Commercial information

– any information intended, directly or indirectly, to promote goods, services or the image of an entrepreneur, excluding information enabling communication via electronic means of communication with a specific person and information about goods and services not serving to achieve a commercial effect desired by the entity commissioning its dissemination, in particular without remuneration or other benefits from producers, sellers and service providers.

Client

– a natural person, legal person or other organisational unit without legal personality using an Employer account or a Training Company account.

Login

– the email address provided by the Client, which they will use in the Service.

Announcement

– information containing a job offer or training offer.

Employer

– a natural person, legal person or other organisational unit without legal personality having access to CV content stored in the CV Database.

Terms of Service

– these "Terms of Service for the Pocketsquare.pl Client Zone" constituting terms of service within the meaning of the Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws No. 144, item 1204), covering in particular: a) the rights and obligations of the Service Provider and Clients in connection with the provision of Services by electronic means, b) the rules for excluding the Service Provider's liability for the provision of Services by electronic means, c) the rules for protecting the personal data of natural persons using Services provided by electronic means, d) the rules for providing access to an account.

Service

– the website operated by the Service Provider at the current URL: https://www.pocketsquare.pl, through which the Service Provider provides Services, as well as addresses that redirect to this address, and any other address that complements or continues it, or that ever replaces it.

Client Zone

– a dedicated module of the Service enabling online purchase and use of the Service's services, i.e. posting announcements and accessing the CV Database.

ICT system

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

Electronic means of communication

– technical solutions, including ICT devices and cooperating software tools, enabling individual remote communication using data transmission between ICT systems, in particular email.

Provision of a service by electronic means

– the performance of a service that takes place by sending and receiving data via ICT systems, at the individual request of the service recipient, without the simultaneous presence of the parties, whereby such data is transmitted via public networks within the meaning of the Telecommunications Law.

Services

– all services provided by electronic means by the Service Provider to Clients and Users under these Terms of Service.

Image services

– services aimed at promoting the Employer within the Service.

Service Provider or Pocketsquare sp z o.o.

– Pocketsquare sp z o.o. headquartered in Warsaw, ul. Indiry Gandhi 15/4, 02-776 Warsaw, registered in the entrepreneurs register of the National Court Register maintained by the District Court for the Capital City of Warsaw in Warsaw, XII Commercial Division KRS under KRS number: 0000911168, NIP: 7011035170, REGON: 388890697, with a share capital of PLN 250,000.

User (Service Recipient)

– a natural person who uses the free Service provided by electronic means by the Service Provider, including an individual User Account of the Service.

GDPR

– Regulation (EU) 2016/679 of the European Parliament and of the Council 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) of 27 April 2016.

§2. General Provisions

1. These Terms of Service are made available to Clients free of charge and upon request prior to the conclusion of a contract for the provision of Services via the ICT system.
2. Services are provided by the Service Provider by electronic means.
3. Pocketsquare sp z o.o. makes every effort to ensure the continuous and uninterrupted provision of the services specified in these Terms of Service, subject to the fact that temporary interruptions in the provision of services may be caused by maintenance activities or circumstances beyond the control of Pocketsquare sp z o.o. Pocketsquare sp z o.o. will make every effort to temporarily limit such interruptions.
4. Services provided in the Service to Clients are paid, unless the provisions of these Terms of Service state otherwise.
5. The Service Provider shall not be liable for Clients' failure to comply with these Terms of Service. The Client bears sole responsibility for the manner in which they use their account in the Service, including the content and form of posted materials, including criminal or civil liability for unlawful actions. At the request of competent state authorities, for the purposes of their proceedings, the Service Provider provides the Client account data in its possession. The Client is obliged to use the account in accordance with the provisions of these Terms of Service, applicable law, and social and customary norms.
6. The Service Provider reserves the right to close a Client's account, in particular the Service Provider may close an account when: the Client uses the account in a manner contrary to applicable law or the Terms of Service, the account name violates the law, legally protected rights of third parties, is contrary to good customs, including being an expression commonly considered offensive, or violates the legitimate interests of the Service Provider.
7. Neither party shall be liable for failure to perform or improper performance of the service due to improper operation of the Internet.

§3. Client Registration

1. In order to register, it is necessary to meet the technical requirements for using the Service's ICT system: an internet connection and access to a web browser.
2. The condition for the Service Provider to commence providing Services in full is the Client's correct completion of the registration form on the Service and acceptance of these Terms of Service.
3. If for technical reasons (e.g. a failure) the Client is unable to read the Terms of Service, but could register, the Client undertakes to read the Terms of Service at the earliest possible opportunity and to notify the Service Provider of the failure by email. If the Client has not read the Terms of Service by the time of notification, the Service Provider will immediately send the Terms of Service to the Client.
4. By submitting the registration form, the Client declares that:
   1. they conduct business activity;
   2. the data provided therein are complete and accurate;
   3. they are authorised to enter into a contract for the provision of services by electronic means;
   4. the data they provided does not violate any rights of third parties;
   5. they have read the Terms of Service and undertake to comply with them;
   6. they have read the Terms of Service for User accounts on the Service, which is available on the Service's pages;
   7. they have read and accept the rules for processing personal data contained in these Terms of Service.
5. The Client gains the ability to use the account in the Service after the account is accepted by the Service Provider, and then after the Client activates the account — via an activation link sent to the email address provided by the Client during registration.
6. Fulfilment of the conditions referred to in § 3 para. 5 points a) and b) is equivalent to the conclusion of a contract for the provision of services by electronic means. The Service Provider may refuse to accept the Client's account in the event of:
   1. reasonable suspicion that the data provided in the registration form is inaccurate, the Client is not authorised to enter into a contract for the provision of services by electronic means, or the data they provided violates the rights of third parties;
   2. the Client does not accept the Terms of Service.
7. The Service Provider will provide Clients with the ability to close accounts they have created in the Service. At the Client's request sent to the Service's electronic address (pomoc@pocketsquare.pl or the electronic address of the assigned account manager), they may be deregistered, i.e. the contract for the provision of services by electronic means may be terminated.
8. In the event of account closure referred to in the point above, other employees registered for the same company will be able to use active products. In the event of account deletion by the last or only employee of a given company, please contact the customer service department at: pomoc@pocketsquare.pl.
9. The Client grants a free, non-exclusive, non-transferable, unlimited in time and territory licence permitting the use of the Client's logo in the following fields of exploitation:
   1. in the scope of recording and reproducing the logo,
   2. in the scope of distributing the logo through public performance, display, showing, playback, broadcasting and retransmission, as well as making the logo publicly available in such a way that anyone can access it at a place and time of their choosing, in particular publishing the logo on the Service's websites,
   3. in the scope of saving to computer memory and computer network servers,
   4. in the scope of placement on the internet,
   5. in the scope of using and exploiting the logo for the purposes of business activities, as well as informational, promotional, and advertising purposes.

   During the period of cooperation between the Parties and after its termination, the Service Provider will use the logo for the self-promotional purposes of the Service Provider and the Service, and the Parties reserve in particular the right to share information about the conclusion and subject matter of the agreement with third parties for advertising purposes. If the Client has a description of restrictions on the use of the logo, they are obliged to provide it to the Service Provider immediately after registration.

10. By registering, the Client undertakes to comply with the Personal Data Protection Act and 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, in the event of processing the personal data of Service Users.

§4. Payments and Refund Policy

1. The basis for determining the fee for the Service is the current offer with a price list made publicly available on the website www.pocketsquare.pl. Offers are dedicated separately for Employers and Training Companies.
2. The Client's account will be topped up via the Stripe payment service. Upon the funds being credited, the Client authorises the Service Provider to issue a VAT invoice without the recipient's signature.
3. A refund of funds from the Client's account to their bank account is possible upon submission of a withdrawal request to kontakt@pocketsquare.pl.
4. Bonus funds credited to the Client's account by the Service Provider are non-refundable.
5. Deposited funds and bonus funds may be used indefinitely for all products offered by the Service Provider.

§5. Employer Account

1. Accounts in the Service Provider's service are provided for an indefinite period and free of charge. Notifications regarding account usage will be sent to the email address provided by the Client in the registration form. The Client is solely responsible for providing a current and correct email address.
2. The Client gains access to the account upon fulfilment of the conditions referred to in §3 para. 5 a) and b).
3. The Service Provider shall not be liable for the provision of false information by Clients during the registration process. Information about account creation is sent to the Client's electronic address provided during registration.
4. The Service Provider may monitor and verify the Client's identification data contained in the registration form.
5. Submission of the completed registration form by the Client means the collection, processing and use of the personal data contained therein by the Service Provider and/or another entity acting on behalf of the Service Provider for the purpose of providing interactive services available on the Service's pages and for statistical purposes, for the purposes of business activities. If the Client gives separate consent, they will receive commercial information from the Service Provider by electronic means, in particular regarding the Service Provider's sales and marketing activities. Consent is voluntary and may be withdrawn at any time in any manner, including after registration. By submitting the form, the Client declares that they have been informed of the right to access data and the right to correct it.
6. The Service Provider will not transfer, sell or share the collected personal data or usage data of account Clients with other Users. The Service Provider reserves the right to send technical information related to the functioning of the Service and the Client's Account to the Client's electronic addresses.
7. The Service Provider undertakes to make every effort to protect Client account data. Detailed provisions regarding the protection of Clients' personal data are contained in the Privacy Policy available on the Service's websites. The Service Provider provides each account Client with access to their data for the purpose of verifying or modifying it. After the account expires and/or is closed, the Service Provider is entitled to allow other clients to use the login belonging to the closed account Client.
8. The Service Provider reserves the right to discontinue providing the account in the Service without giving reasons, after prior notification of Clients by email of such a decision.
9. The Service Provider shall not be liable for the consequences arising from the Client's disclosure of their account password to third parties, regardless of the reason for the disclosure. The Service Provider shall not be liable for any losses and damages suffered by the Client.

§6. Services – Posting Announcements

1. The Service Provider provides the service of posting announcements under the terms set out in these Terms of Service. In the case of posting announcements with content that does not comply with the provisions of the Terms of Service, the Service Provider reserves the right to edit (moderate) before or after publication or to refuse to publish the announcement.
2. The Client bears full responsibility for the content of announcements. The Service Provider shall not be liable for the Client's violations of copyright law, industrial property law, or the protection of other Clients' trade names.
3. The Service Provider shall not be liable for damages caused to third parties arising from the use of Services in a manner contrary to the Terms of Service or applicable law.
4. The Service Provider shall not be liable for content and materials posted by Clients of the Service.
5. The Service Provider shall also not be liable for any losses and damages, including loss of data, resulting from failures, interruptions in system operation due to technical reasons or reasons beyond the Service Provider's control (force majeure).
6. The Service Provider reserves the right to modify announcements and/or entries made by the Client (moderate editing), in particular when the announcement contains obvious errors, has been assigned to an incorrect category, etc. The Client also undertakes not to publish announcements inconsistent with the purpose of the Service and to post their own announcements consistent with the relevant category.
7. The Client may purchase a recruitment announcement (job offer) or a training announcement.
8. By default, announcements are published for a period of 30 days in one location.
9. The Client may increase the number of locations in which the job offer is posted for an additional fee indicated on the Service's website.
10. The Client may extend the period for which the training offer is posted for an additional fee indicated on the Service's website.
11. The Client may use paid forms of highlighting announcements in the Service. A detailed description of the products is contained in the price list on the Service's pages.
12. The Service Provider undertakes to publish announcements promptly; announcements are usually published within 2 (two) days.
13. The Client may edit or suspend an announcement, which does not affect its price or shorten the publication period.
14. In the case of automatic downloading of announcement content from the Client's website or another website indicated by them, the Service Provider shall not be liable for interruptions in publication resulting from failures of the website from which announcements are downloaded.
15. The Client undertakes to inform the Service Provider of technical changes to their website that may affect the automatic downloading of announcements. The Service Provider, as part of its marketing activities, publishes the Client's announcements in external online media to increase their effectiveness. The Client may opt out of these additional activities, provided this is expressed before the publication of announcements begins.
16. The Service Provider shall not be liable for the appearance of announcements downloaded without its knowledge or illegally by external media.
17. The Client's announcements may be removed or suspended by the Service Provider when:
    1. the content of the Announcement is contrary to law, good customs, the nature of the Service's activities or the Terms of Service,
    2. a third party or competent authority or institution established to oversee compliance with the rules of media ethics or advertising ethics has submitted written objections regarding the Announcement.

§7. Services – Use of the Candidate Database (CV Database)

1. The Service Provider enables Clients to browse the Candidate Database (CV Database) under the terms described in the Terms of Service.
2. The Client gains access to the database via functionalities available within the Employer account.
3. All information contained in user profiles in the Candidate Database, except for contact details and CV files attached to profiles, is available free of charge.
4. Access to the contact details and CV files of Users who have posted their information in the database is charged according to the price list on the Service's pages.
5. Contact details and CV files attached to profiles are made available to the Client after payment has been credited to the Service Provider's bank account.
6. The Service Provider shall not be liable for the results of the Client's contact with a User; in particular, the Service Provider provides no guarantees.
7. The use of the CV Database by Clients and the processing of Users' personal data contained in the CV Database is permitted only for the purpose of conducting a recruitment process for potential employees of the Client.
8. The Service Provider shall not be liable for the use of data contained in the CV Database in a manner other than that specified in the point above.
9. The Service Provider shall not be liable for the content of information placed in the CV Database. The Service Provider does not verify the accuracy or currency of information placed by Users in Profiles or CV files.

§8. Services – Recruitment

1. The Service Provider may commence active candidate search for any Client who has previously given consent in writing or electronically (email).
2. The search for candidates may be carried out by publishing a job offer on the pocketsquare.pl portal on behalf of the Client, publishing content related to job offers on social media, actively contacting users of the pocketsquare.pl portal and users of other websites if their profiles match the Client's recruitment needs.
3. If the Client employs any of the candidates provided by the Service Provider, the Service Provider is entitled to a fee (success fee) at the rate previously agreed in writing or electronically (email) with the Client.
4. The success fee applies in the event of employing any of the candidates provided to the Client within 90 days of their provision, regardless of the position for which the candidate is employed. This provision also applies to the employment of a provided candidate in entities financially related to the Client's business.
5. Clients using the recruitment service are obliged to inform the Service Provider of the employment of a provided candidate within 7 days of their employment.
6. Unless the parties have agreed otherwise in writing or electronically (email), the Service Provider does not charge the Client a success fee or any other fees as long as the candidate's employment has not been concluded.
7. In the event of employing a provided candidate and concealing this fact from the Service Provider (no information within 7 days of the moment of employment), the Service Provider is entitled to a fee equal to 3 times the monthly salary of the employed candidate. This provision also applies to the employment of a provided candidate in entities financially related to the Client's business.

§9. Privacy Policy

All information regarding the privacy policy can be found under the 'Privacy Policy' link available at www.pocketsquare.pl.

§10. Final Provisions

1. The Service Provider reserves the right to amend these Terms of Service. Subject to the provisions of the following sentences of this paragraph and provided the Client does not submit the statement indicated therein, all changes take effect from the date indicated in the amended Terms of Service, which date may not, however, be earlier than the date on which the amended Terms of Service is published on the Service's website. Within 7 days of the publication of the amended Terms of Service, the Client may submit a statement of non-consent to the application of the amended Terms of Service — such a statement will be treated as a termination by the Client of the legal relationship binding the Service Provider and the Client which forms the basis for the provision of the services referred to in these Terms of Service. If such a statement is submitted, the Service Provider will cease providing services to the given Client within 15 business days of the Client's statement being submitted. The statement referred to in this paragraph, to be effective, must be submitted by email to pomoc@pocketsquare.pl.
2. Complaints under the Terms of Service should be submitted promptly to pomoc@pocketsquare.pl. Complaints are usually considered by the Service Provider within 14 (fourteen) days of receipt. A complaint should contain at least the following information: identification of the entity submitting the complaint (name, surname, address, email address), the subject of the complaint, and all circumstances justifying the complaint.
3. Complaints not containing the above data will not be considered. Complaints not submitted electronically should be submitted in writing, by registered letter to the Service Provider's address.
4. Matters not covered by these Terms of Service shall be governed by the provisions of the Civil Code and the Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws No. 144, item 1204), the Personal Data Protection Act and the GDPR, and other mandatory provisions of law.