I. Initial provisions
1. TRAFFIT System is provided by TRAFFIT spółka z ograniczoną odpowiedzialnością with its registered office in Gdynia, Aleja Zwycięstwa 96/98, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court Gdańsk-Północ in Gdańsk, 8th Commercial Division of the National Court Register with the following number: KRS 0000500186, with tax identification number: 5862288562 and REGON (registration number): 222042972.
2. The TRAFFIT System access service is provided on principles set out in these Terms and Conditions. These Terms and Conditions (hereinafter: Terms) define in particular the rights and obligations of parties to ensure and provide an access service to the TRAFFIT System.
The names used herein shall mean:
1. TRAFFIT Sp. z o.o., Processor – shall mean TRAFFIT spółka z ograniczoną odpowiedzialnością with its registered office in Gdynia, Aleja Zwycięstwa 96/98, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court Gdańsk-Północ in Gdańsk, 8th Commercial Division of the National Court Register with the following number: KRS 0000500186, with tax identification number: 5862288562 and REGON (registration number): 222042972.
2. Client – shall mean a natural or legal person or an organisational unit without legal personality, using the TRAFFIT System on the basis of these Terms
3. Consumer – natural person conducting a legal activity with the entrepreneur not relating directly to its business or profession.
4. Terms – shall mean these Terms and Conditions
5. TRAFFIT system – shall mean an internet application owned by TRAFFIT Sp. z o.o., available at the address provided by the Client at the time of Demo registration, located in the traffit.com subdomain, used to streamline the recruitment process and manage customer and candidate databases.
6. Candidate – shall mean a natural person participating in the Client’s recruitment processes.
7. Service – shall mean the service of creating and sharing an account in the TRAFFIT System according to these Terms and enabling the Client to use the service consisting of Internet access to the TRAFFIT System and use of its features for remuneration in accordance with the plan selected by the Client and described at: https://www.traffit.com/pl/cennik/
8. Personal Data – shall mean personal data under 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”) entrusted to TRAFFIT Sp. z o.o. by the Client, including personal data of the Candidates.
9. Account – shall mean the Client’s account in the TRAFFIT System.
10. Demo – shall mean a free test account registered by the Client at: https://www.traffit.com/signin/, active for 14 days from registration, making it possible to test the TRAFFIT System before purchasing the Service.
11. User – a natural person to whom the Client grants access to the System.
12. Plan – an option that the Client chooses for its Users. Individual options differ in access to individual System features and are described in at: https://www.traffit.com/pl/cennik/
III. Use of the TRAFFIT System
2. In order to create an Account, the Client should complete the registration form in the extent specified by TRAFFIT Sp. z o.o. as obligatory and follow the system messages displayed.
3. Filling out the registration form results in setting up a Demo account, which can be paid for by connecting a credit card and selecting the option (plan). Connecting a credit card, choosing a plan and confirming the transaction is equal to the purchase of the Service.
4. Failure to connect a credit card during the trial period (Demo) and failure to declare a willingness to pay by bank transfer results in deletion of the Account and the data on it, specified during the trial period (termination of the Service contract). The Service can also be purchased after the trial period expires.
5. The Client’s use of the Service, in particular sending a filled out registration form to TRAFFIT Sp. z o.o. is equal to the Client concluding a contract with TRAFFIT Sp. z o.o. for the provision of the Service defined in these Terms on principles specified therein. The Service is provided to the Client immediately after creating an account and performing technical activities necessary to provide the Service by TRAFFIT Sp. z o.o.
6. The Client may resign from using the Service (terminate the contract for the provision of the Service) at any time, with a one-month notice period, effective at the end of the next billing period.
7. TRAFFIT Sp. z o.o. may terminate the contract for the provision of the Service with the Client, with a notice period of one month, effective at the end of the next billing period, subject to other provisions of these Terms.
8. During the term of the contract, the Client is entitled to change the selected TRAFFIT System Access Plan, the selected number of accesses for Users and the length of the billing cycle (e.g. from monthly to annual). Such a change is possible for both payment methods available (credit card and bank transfer). A change of the option and the number of Users takes effect immediately. The change is made by the Client in the System.
9. After the termination of the Contract, TRAFFIT Sp. z o.o. will delete the Client’s account and any data specified by the Client in the TRAFFIT System within 14 days. At the Client’s request, the parties may determine the method of exporting this data to the Client before deleting it. The export will be made in the form of a .csv file containing Candidate data (according to their structure in the system) as well as recruitment data. In the case of CV files of the Candidates, they will be exported to disk space provided by the Client.
11. A user creating an Account is obliged to provide true data during registration. It is forbidden to provide access to the Account to third parties, including by sharing the login and password. Each login procedure is carried out using the data provided in the Account registration form.
13. The rights to the logotype and name of the TRAFFIT System are owned by TRAFFIT Sp. z o.o. and are protected by law.
14. TRAFFIT sp. z o.o. may delete any content that violates these Terms, the good name or interests of TRAFFIT sp. z o.o. or third parties.
15. All rights to the TRAFFIT System are reserved to TRAFFIT sp. z o.o., as well as the rights to its text and graphic elements, photos, applications and databases, and are protected under the Polish and international laws, including in particular the provisions of the Act of 4 February 1994 on copyright and related rights (Journal of Laws No. 24, item 83, as amended), the Act of 27 July 2001 on the protection of databases (Journal of Laws No. 128, item 1402, as amended) as well as the Act of 16 April 1993 on combating unfair competition (Journal of Laws No. 47, item 211, as amended),
16. The use of text and graphic materials, photos, applications and databases as well as other elements contained in the TRAFFIT System, is not equal to the Client acquiring any rights relating to intangible property, works and databases contained therein.
17. TRAFFIT sp. z o.o. is not a provider of data transmission services or telecommunications services. All costs related to data transmission services or telecommunications services required to run and use the TRAFFIT System are incurred by the Client, on the basis of an agreement concluded with an Internet provider or a telecommunications service operator.
18. TRAFFIT sp. z o.o. declares that the public nature of the Internet and the use of electronic services may involve the risk of obtaining, appropriating or modifying data of Clients as well as data collected within the TRAFFIT System. In order to protect such data, Clients should apply adequate technical measures that will limit the above risks to a minimum, including in particular anti-virus software or programmes protecting the identity of people using the Internet.
19. For individual services available in the TRAFFIT System, TRAFFIT sp. z o.o. may introduce separate terms of service in which separate procedures or conditions for concluding and terminating contracts for the provision of electronic services will be defined.
20. The TRAFFIT System is used to present information and advertising content. TRAFFIT sp. z o.o. has the right to post and present advertising/commercial content in the TRAFFIT System or materials related to goods or services offered by TRAFFIT sp. z o.o. and goods or services of third parties, in forms typically used on the Internet.
IV. Client’s rights and obligations
1. The Client will comply with the provisions of laws applicable on the territory of Poland and the provisions of these Terms. The Client is obliged to introduce Users to the content of these Terms and is responsible for their actions and omissions in the area of compliance with the law and these Terms as for their own actions and omissions.
2. The Client/User is obliged to:
a) not to infringe the rights or personal interests of TRAFFIT sp. z o.o. and/or of third parties, in particular candidates;
b) not to share in any way the login and password to the Client’s account in the TRAFFIT System with third parties, other than the Client’s employees or other people acting on its behalf;
c) not to copy any TRAFFIT System elements or not to decompile the source code;
d) using the TRAFFIT System only for the purpose intended for the conducted business;
e) making timely payments.
3. The Client/User is solely responsible for the content of the data provided by them, and in the event that TRAFFIT Sp. z o.o. suffers a damage in connection with the content of the data provided by the Client, it is obliged to repair it to the extent that the damage was caused due to the Client’s fault.
4. TRAFFIT Sp. z o.o. is entitled to block the Account in the event of the Client/User acting in a manner that is inconsistent with these Terms, the law, infringing the rights of third parties or TRAFFIT Sp. z o.o. and in the case of delayed payment of even one amount due for more than 1 day. The Client will not be entitled to any claims against TRAFFIT Sp. z o.o. with respect to the above.
5. TRAFFIT Sp. z o.o. has the right to discontinue the provision of the Service, which is associated with the expiry of the contract for the provision of the Service and deletion of the Account along with its content (termination with immediate effect), in relation to the Client/User in the case of a violation of these Terms, the law, third party rights or TRAFFIT Sp. z o.o., and if the Client:
6. Without a prior consent of TRAFFIT Sp. z o.o., the Client may not transfer rights or obligations related to the use of the Service onto a third party. The Client should refrain from sharing the login or password with third parties. The Client is responsible for the actions and omissions of third parties to whom it shared the password or login, as for the Client’s own action or omission.
7. The Client/User is not allowed to provide illegal content, in particular content that violates personal rights or other rights, constitutes threats or invectives, promoting hatred, or content that is offensive. It is also forbidden to promote other websites or post other promotional or advertising content using the System. In addition, any actions that may disrupt the operation of the TRAFFIT System are prohibited, in particular introducing malicious software, breaking security, taking over IP addresses, SPAM.
V. Rights and obligations of TRAFFIT Sp. z o.o.
1. TRAFFIT Sp. z o.o. is obliged to ensure secure storage of data entrusted to it in the TRAFFIT System and keep such data confidential. Only the employees of TRAFFIT Sp. z o.o. will obtain access to data, for which it is necessary for the proper provision of the Service and only for its implementation, as well as in the scope of receiving written authorisations in this regard, along with ensuring the confidentiality obligation by such employees. TRAFFIT Sp. z o.o. will make every effort to ensure that the transfer of data via the Internet as part of the use of the TRAFFIT System is secure, i.e. that the information sent is confidential, complete and comprehensive. Connections used by TRAFFIT Sp. z o.o. are encrypted.
2. TRAFFIT Sp. z o.o. reserves the right to block the Client’s access to the TRAFFIT System temporarily during the term of the Service, until a given issue is clarified, if it has reasonable doubt that the Client used the TRAFFIT System in a manner that constitutes a violation of the provisions of these Terms or in the event of overdue payments.
3. TRAFFIT Sp. z o.o. is authorised to a temporary interruption in the operation of the TRAFFIT System and the Services it provides due to technical reasons. TRAFFIT Sp. z o.o. will make every effort to ensure that the technical interruptions are as short as possible and are carried out beyond business hours – which is understood as between 8.00 a.m. and 5.00 p.m. Monday through Friday. TRAFFIT Sp. z o.o. guarantees SLA at the level of 99%.
4. In the event of an interruption in access to the TRAFFIT System lasting more than one day, the Client has the right to use the TRAFFIT System free of charge for as many days as the technical interruption lasted. The right to use the TRAFFIT System free of charge during the period referred to in the above sentence is the only compensation that the Client may claim from TRAFFIT Sp. z o.o. resulting from the lack of access to the TRAFFIT System. In the event of system unavailability for more than 3 business days, the fee for a given month will be cancelled. The Client hereby waives any other or further claims arising from the unavailability of the TRAFFIT System.
5. TRAFFIT Sp. z o.o. will not be liable towards the Client for non-performance or improper performance of services due to reasons not attributable to it, including reasons attributable to third parties beyond its control (such as telecommunications network operators), or due to force majeure. This does not apply to subcontractors of TRAFFIT Sp. z o.o. and other third parties through which TRAFFIT Sp. z o.o. provides its services. In such cases, TRAFFIT Sp. z o.o. is responsible for their actions and omissions as for its own actions and omissions.
6. Regardless of other provisions of these Terms, any liability of TRAFFIT Sp. z o.o. towards the Client due to the provision of the service of access to the TRAFFIT System and other services covered by these Terms, regardless of the legal and actual basis, is limited to the actual damages suffered by the Client except for mandatory provisions of law, and may not exceed the amount equal to the fees paid by the Client to TRAFFIT Sp. z o.o. for access to the TRAFFIT System in the last 12 months preceding the incident causing the damage, and if the Client used the TRAFFIT System for a shorter period – an amount equal to the fees paid during that period. The limitation of liability referred to in this paragraph does not include the Client’s damages suffered based on the provisions relating to the protection of personal data, in particular under the GDPR, in connection with a violation committed by the Service Provider of its obligations regarding the protection of Personal Data.
2. A complaint should enable identification of the person submitting it in order to inform them about the manner of processing the complaint. For this purpose, the person submitting the complaint should indicate in particular, their name and surname, and email address. In addition, the complaint should contain a description of the subject of the complaint, as well as the specific demand of the Client regarding the submitted complaint.
3. TRAFFIT Sp. z o.o. will process the complaint within 10 business days of its receipt, unless additional information is required from the Client or additional activities need to be undertaken. In such cases, the period of processing the complaint is extended accordingly.
4. The Client grants their consent to TRAFFIT Sp. z o.o. to interfere in the technical structure of an Account, in order to diagnose irregularities in the functioning of the Services, as well as to make changes or any other impact on the technical aspect of the Account in order to restore proper functioning of the Account itself or the Service, or for its modification in accordance with the demand specified in the complaint submitted by the User.
1. The fee for each month of access to the TRAFFIT System depends on the Plan picked by the Client and is collected in accordance with the price list available at: https://www.traffit.com/en/pricing/ It is possible to settle the fee for access to the System in advance on an annual basis.
IX. Changes to the Terms
1. These Terms come into force upon their publication on the website 01.09.2020 r.
2. TRAFFIT Sp. z o.o. reserves the right to amend these Terms at any time, in particular due to important technical, legal and/or organisational reasons, without the need to justify such reasons. Changes to these Terms and Conditions will come into force on the day of their publication on the website at https://www.traffit.com/en/terms/ (in particular by publishing a unified text of these Terms containing the changes introduced), to the extent permitted by the applicable laws. TRAFFIT Sp. z o.o. will notify existing Clients (who use the Service at the time of changing the Terms) about introducing such changes in the Terms.
3. In the absence of a consent to changes in these Terms, the Client is entitled to terminate the contract. In the event of a termination notice submitted within 7 days of changing these Terms, the current wording of the Terms shall apply during the notice period. The Client’s continued use of the Service after changes are introduced herein shall be equal to the Client’s confirmation that they have read the changes to these Terms and that the Client has submitted a statement on acceptance of all changes made herein.
4. Changes to these Terms shall in no way infringe upon the rights acquired by Clients who are consumers before the effective date of the changes made hereto.
X. Entrusting personal data processing
1. The Client declares that it is the sole administrator of Personal Data collected and processed by the Client using the TRAFFIT System and that it processes it in accordance with the applicable laws.
2. If, in connection with the provision of the Service, it is necessary to process personal data by TRAFFIT Sp. z o.o. (Processor), for which the Client is the controller (Controller), then the parties conclude an agreement to entrust the processing of Personal Data (hereinafter: Entrustment Agreement) on the terms indicated below.
3. The provisions of Chapter X specify the conditions under which the Processor performs operations related to personal data processing, on behalf of the Controller.
4. The Parties strive to regulate the processing of Personal Data so that they fully meet the provisions of Regulation (EU) 2016/679 of the European Parliament of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement such data and repealing Directive 95/46/EC (general regulation on data protection) (O J EU L 119, p. 1) – hereinafter referred to as GDPR.
5. By concluding the Entrustment Agreement, the Parties strive to regulate the processing of Personal Data so that they fully meet the provisions of Regulation (EU) 2016/679 of the European Parliament of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement such data and repealing Directive 95/46/EC (general regulation on data protection) (O J EU L 119, p. 1) – hereinafter referred to as GDPR.
6. In line with the terms specified in this Agreement, the Controller entrusts the Processor with processing (as defined by GDPR) of the Personal Data described later.
7. Data will be processed during the term of the Service and up to 14 days after the Controller has finished using the TRAFFIT System.
8. The nature of the processing is determined by the following role of the Processor:
XI. Provisions specific to Clients who are Consumers or who, under specific provisions, have certain rights of Consumers
XII. Final Provisions
1. The sole source of liabilities of TRAFFIT Sp. z o.o. are there Terms and legal regulations in force in the territory of Poland.
2. The law applicable to all legal relations arising from the Terms between TRAFFIT Sp. z o.o. and the Client is the law of Poland. The place of conclusion and performance of the contract for the provision of the Service is the place where TRAFFIT Sp. z o.o. has its registered office.
3. The Parties shall submit any disputes arising from the provision of the service by TRAFFIT sp. z o.o. for resolution only to the common court having jurisdiction over the registered office of TRAFFIT sp. z o.o.
4. In all matters not settled herein, the applicable Polish law shall apply, in particular: Civil Code; Act on providing services by electronic means of 18 July 2002 (Journal of Laws 2002, no. 144, item 1204, as amended); Act on Consumer Rights and other relevant provisions of the generally applicable laws.