dotLinker Application Terms of Use

§ 1. General Provisions

These Terms and Conditions (hereinafter: the "Terms and Conditions") set out the rules and conditions for the use of the "dotLinker" application (hereinafter: the "Application") and the services provided by the Provider.
The Application is a tool of a professional nature that supports the management of the organization’s sourcing and prospecting processes, in particular the collection and preparation of data pertaining to job applicants (candidates), employees and contractors (and other vendors).
The Terms and Conditions are the rules and regulations referred to in Article 8 of the Act of 18 July 2002 on the provision of services by electronic means (hereinafter: the "Electronic Services Act").
The Application is owned by GC Ventures sp. z o.o. (limited liability company) with its registered office in Kraków (registered office address: ul. Aleja Powstania Warszawskiego 15, 31-359 Kraków), NIP: 6751773409, REGON: 523642185, with share capital: PLN 5.000,00 paid in full (hereinafter: the "Provider").
The Provider may be contacted by: e-mail – at: hello@cvblinder.com)
Within the scope of its activity, the Service Provider:
a) provides the Service Recipients and the Users with the Account Service;
b) provides the Service Recipients with Services within the Application.
The Service Recipient and the User are obliged to read the Terms and Conditions before using the Application.
Acceptance of the Terms and Conditions constitutes full acceptance of all the terms and conditions set out therein and a commitment to comply with the obligations under the Terms and Conditions.

§ 2. Definitions

Capitalized terms used in the Terms and Conditions have the following meanings:

Service Recipient – an entrepreneur using the Services provided by the Provider under the terms of these Terms and Conditions, running a non-agricultural business activity on its own behalf;
Account – a panel created in the Application's IT system, enabling the User to use its functionalities;
User – a person authorized to represent the Service Recipient and use the Application on their behalf;
Terms and Conditions – the term defined in § 1(1) of the Terms and Conditions;
Service Agreement – the legal relationship between the Provider and the Service Recipient under which the Provider provides Services to the Service Recipient.
Entrustment Regulations – a regulation for the entrustment of personal data processing under which the Service Recipient entrusts the Provider (acting as the processing entity) with the processing of the personal data pertaining to the User and job applicants (candidates), employees and contractors and other vendors;7
Civil Codet– the term defined in § 4(9) of the Terms and Conditions;
Licenset– term defined in § 7(1) of the Terms and Conditions;
Newslettert– digital content comprising commercial information relating to the current activities of the Provider, including information on new products, services and promotions available in the Application;
Servicest– services provided by the Provider involving storing in the Application the data entered by the Service Recipient or the User in accordance with the Terms and Conditions;
Price list – information published in the Application and/or at www.dotlinker.app/pricing containing a summary of the available Price offerings;
Price offering – the price at which the use of the Application is offered, depending on the number of documents conversions performed;
Provider – the term defined in § 1(4) of the Terms and Conditions;
Electronic Services Act – the term defined in § 1(3) of the Terms and Conditions.

§ 3. Technical Requirements

In order to properly use the services provided by the Provider via the Application, all of the following requirements must be satisfied jointly:
a) a device with a monitor (screen);
b) connection to the Internet;
c) equipment allowing the use of Internet resources;
d) the current version of the Chrome web browser e) an active e-mail account.
The use of viruses, bots, worms or other computer codes, files or programs (in particular process automation scripts and applications or other codes, files or tools) is prohibited in the Application.
The Provider informs that it uses cryptographic protection of electronic transfer and digital content by means of appropriate logical, organizational and technical measures, in particular to third-party access to the data, including by SSL encryption, use of passwords and anti-virus or anti-malware programs.
The Provider advises that despite the safeguards referred to in Section 3 above, the use of the Internet and services provided by electronic means may be at risk of malicious software entering the Service Recipient or User's computer system and device or of third parties gaining access to the data on that device. In order to minimize the aforementioned risk, the Provider recommends the use of anti-virus programs or means of protecting identification on the Internet.
The Application made available to the Service Recipient with all its functions constitutes a whole and it is not possible to disable individual functions. The Provider decides on the content of the functions available in the Application.
The Provider reserves the right to change the functionality of the Application at any time.
Service Recipient accepts that the Application is made available in a demo version (BETA version) and that as long as the Application remains in the demo version, the Provider does not guarantee the stability of its operation.

§ 4. General Principles of Service Provision

The Service Recipient and the User are required to use the services provided by the Provider in accordance with the generally applicable provisions of law, these Terms and Conditions and principles of morality.
By creating an Account, the Service Recipient or the User confirms that the data he/she has provided is correct and will be updated as necessary.
The Service Recipient declares that the use of the Service is of a professional nature and is strictly related to the nature of its business.
The provision of content of an unlawful nature is prohibited.
The Service Recipient and the User using the services provided by the Provider are obliged to provide only data (including personal data) which are consistent with the factual state. The Provider shall not be liable for the consequences of any false or incomplete data provided by the Service Recipient or the User without obtaining the relevant consent for such provision.
The Service Recipient and the User are solely responsible for providing the persons whose personal data will be processed in the Application with the necessary information on the principles of processing of their personal data (in particular, respectively, the information referred to in Article 13 and Article 14 of the GDPR).
The proper use of the Services by the Service Recipient shall consist in appropriate processing, supplementation and adaptation of the relevant element of the Service according to the individual needs of the Service Recipient, the nature, circumstances and conditions of the particular factual or legal action he/she intends to perform or performs, as well as the objectives and effects he/she expects to achieve as a result of the action taken or intended to be taken.
The Provider is entitled to require the User to provide evidence of his/her authority to represent the Service Recipient, in particular a power of attorney document or an extract from the relevant register. If an action is performed on behalf of the Service Recipient despite the lack of authority to represent the Service Recipient, the User performing the action shall be liable under the provisions of the Act of 23 April 1964 - the Civil Code (hereinafter: the "Civil Code").
All statements, notices and information referred to in the Terms and Conditions may be transmitted by mail, unless a specific provision of the Terms and Conditions states otherwise.
The Service Recipient or the User may delete from the Application any data he or she has entered into the Application.

§ 5. Service Agreement

In order to conclude the Service Agreement it is necessary to:

access the Application's website and then click on the "Sign in" tab:
a) using your login (e-mail) and password or
b) by any other third-party providers available on the “Sign in” tab;
pay the fees in accordance with the Price list - in the case of using paid Services provided by the Provider.

Once the Account has been created, the Service Recipient or the User may complete their data to the extend provided by the Application, in particular data such as:
a) first name and surname,
b) company name,
c) address,
d) VAT ID/NIP,
e) e-mail address;
In order to use the Services for a fee – the provision of the data referred to in section 2 above is mandatory.
The receipt of access to the Services constitutes the conclusion of the Service Agreement by the Provider and the Service Recipient.
With an Account in the Application, the Service Recipient/User may, in particular:
a) pass CV or anonymized CV;
b) generate Blind CV documents in a template of his/her choice and enrich it with any data or information if needed;
c) edit, save, view, download and delete created documents;
d) share feedback on the quality of the particular conversion;
e) check the number of document conversion assigned and the number of documents already converted (conversion consumption);
If the Services are used in a manner that violates the generally applicable provisions of law, the Terms and Conditions or good morals, or if the Service Recipient or the User provides content of an unlawful nature, the Provider may terminate the Service Agreement with a notice period of 7 (seven) days, by providing the Service Recipient with a notice of termination by e-mail. After the expiry of the notice period indicated in the preceding sentence, the Account is permanently deleted. During the notice period, the Provider may block the access to the Services if this is necessary to prevent the Service Recipient or the User from committing further infringements.
The blocking of access to the Services (irrespective of the basis for its blocking), does not affect the performance of the Newsletter subscription agreement concluded by the Service Recipient or User prior to the blocking of access to the Services.
The Provider reserves the right to verify the accuracy of the data entered by the Service Recipient and the User and to refuse to provide the Service in the event that the data provided is found to be incorrect.

§ 6. Payments

Subject to section 2 and 3 below, the Services are chargeable services, in accordance with the price information as described in the Price list, which can be found at the link www.dotlinker.app/pricing
The Provider reserves the right to grant an early access to the Application, as well as a promotional test period and as part of special promotional event or individual arrangements.
With the first access to the Application, the Service Recipient/User has the possibility to click through the functionalities of the Application and make a limited number of marked links to websites. The number of free marked links is available either at www.dotlinker.app and/or in the Application.
Once the marked links have been used, the Service Recipient undertakes to make the payment in accordance with the chosen Price offering and complete data in the Application’s Account necessary for invoicing (if this data has not been completed before).
The Service Recipient/User will be notified to select a Price offering and complete the Account data in the Application.
Payments for the Services shall be due in advance.
In some cases, with the provider's consent, payment can be made outside the payment gateway. In such a case, the provider issues and sends an invoice to Service Recipient
Invoices are payable within 7 days of receipt of the VAT invoice by the Service Recipient.
The date of payment shall be deemed to be the date on which the Provider's account is credited.
The Service Recipient agrees to receive invoices by electronic means.
Prices are net and do not include VAT.
Changes to the Price list shall be announced in the Application through the publication of the current Price list. A change to the Price list shall not alter the fees paid by the Service Recipient prior to the publication of the amended Price list. A change to the Price list does not constitute an amendment to the Terms and Conditions.

§ 7. License

Upon conclusion of the Service Agreement, the Provider grants the Service Recipient/User anon-exclusive license to use the forms available in the Application under the provisions of the Terms and Conditions (hereinafter: the "License").
The License is granted for the term of the Service Agreement.
The License entitles the Service Recipient/User to access the Application and use the functions available in the Application.
The License does not entitle the Service Recipient or User to grant further licenses.
The use by the Service Recipient or the User of the Services available in the Application in violation of the terms of the License constitutes an infringement of the Provider's copyrights, entitling the Provider (depending on the nature of the infringement) to take legal action against the Service Recipient or the User respectively.

§ 8. Personal Data and the Entrustment Regulations

In order to ensure that the Services provided comply with the personal data protection legislation, the Provider undertakes to process the personal data entrusted to him/her and the Service Recipient or the User undertakes to entrust the processing of personal data of the User and personal data provided by the Service Recipient or the User in accordance with the Entrustment Regulations attached as Appendix 1 to the Terms and Conditions. The Regulation for the entrustment of the processing of personal data are an integral part of the Terms and Conditions.
The Regulation for the entrustment of the processing of personal data shall apply for the duration of the Service Agreement and shall terminate or expire with the termination or expiry of that Service Agreement.
Notwithstanding section 1 and 2 above, the Provider shall process the personal data of the Services Recipient and the User in accordance with the principles set out in the Privacy Policy.

§ 9. Provider's Intellectual Property

All components of the Application, in particular:
1. the name of the Application;
2. the logo of the Application;
3. images and descriptions;
4. the operating principles of the application's website, all its graphic elements, interface, software, source code and databases - are subject to legal protection pursuant to the provisions of the Act of 4 February 1994 on Copyright and Related Rights, the Act of 30 June 2000 – Industrial Property Law, the Act of 16 April 1993 on Combating Unfair Competition and other generally applicable laws, including European Union law.
Any use of the Provider's intellectual property without the Provider's prior express permission is prohibited.

§ 10. Complaints about the Services

The Service Recipient or the User may lodge a complaint if the Provider provides Services in the Application in a manner that is not in conformity with the Terms and Conditions.
The Service Recipient/User making a complaint for the reasons set out in section 1 above should send by e-mail, to the address indicated in § 1(5)(1) of the Terms and Conditions, a message containing the following:
1. the Service Recipient's company name/name and surname;
2. e-mail address;
3. a description of the irregularities noticed;
4. the request under the complaint.
The time limit for considering and responding to a complaint is 30 (thirty) days from its receipt by the Provider in a correct and complete form of receipt. Failure to respond within the period indicated in the preceding sentence shall mean that the complaint has been granted.
The Provider shall respond to the complaint by e-mail.
The response to the complaint is final.

§ 11. Provider's Liability

The Provider shall provide the Services with due diligence.
The Provider shall make every effort to ensure that the Application operates in a continuous, correct and uninterrupted manner at 95% availability of the Services on a monthly basis (subject to the lack of stability of the demo version). However, it does not exclude the possibility of a temporary suspension or restriction of availability for the time necessary for maintenance, overhaul, upgrading, modernization or expansion.
The Provider will endeavour to ensure that scheduled shutdowns take place only during night time (i.e. between 6 p.m. and 7 a.m. CET), the Service Recipient/User will be notified 24 hours before the scheduled shutdown.
The Provider shall not be liable for:
1. permanent or temporary inability to provide the Services and for reasons beyond the Provider's control, including as a result of force majeure or acts of third parties against the Provider;
2. Service Recipient's lost profits;
3. the consequences of improper use of the Services provided, in particular in a manner contrary to the Terms and Conditions, the Service Agreement or principles of social co-existence;
4. damage incurred by the Service Recipient as a result of entering incorrect, incomplete or false data in the forms provided by the Provider;
5. interruptions in the availability of the Services due to technical interruptions resulting from the Provider's maintenance works.
The Provider's liability towards the Service Recipient/User is in each case limited (to the extent permitted by law) to an amount equivalent paid by the Service Recipient for the last 3 payment periods preceding the date of the event giving rise to the Provider's liability.

§ 12. Amendments to the Terms and Conditions and of the Account functionality

The Provider may amend the Terms and Conditions e.g. in the following situations:
1. a change in the subject matter of the Provider's business;
2. the Provider begins to provide new services, modifies the services previously provided or ceases to provide them;
3. technical modifications to the Application that require the Terms and Conditions to be adapted thereto;
4. a legal obligation to make changes, including the obligation to adapt the Terms and Conditions to the current state of the law;
5. any other reason that justifies updating the document.
The Service Recipient/User shall be informed of amendments to the Terms and Conditions by publication of the amended version in the Application website.
In the event of a planned change to the Terms and Conditions, the Service Recipient/User will be notified at least 14 days before the amended Terms and Conditions take effect.
In the case of non-acceptance of the provisions of the new Terms and Conditions, the Service Recipient is entitled to terminate the Service Agreement within 7 days of receipt of the notification of the amended Terms and Conditions. The notice of termination of the Service Agreement should be sent by e-mail to the Service Provider's e-mail address or by registered letter to the Service Provider's registered address. The Service Agreement shall be terminated on the last day of the month in which the Service Provider received the notice of termination.
The Provider may change the functionality of the Account at any time during the term of the Agreement.
The Provider shall inform the Service Recipients/Users of the change made to the functionality of the Account.

§ 13. Final Provisions

The Terms and Conditions indicated herein shall be governed by the provisions of Polish law. Any potential disputes shall be resolved by Polish court of local jurisdiction.
The current version of the Terms and Conditions is effective as of 05.06.2024.

Appendix No. 1 to the Terms and Conditions - Regulation for the entrustment of the processing of personal data

REGULATION FOR THE ENTRUSTMENT OF THE PROCESSING OF PERSONAL DATA

§ 1. General Provisions

These regulations for the entrustment of the processing of personal data (hereinafter: "Entrustment Regulations") define the terms and conditions of the entrustment of the processing of personal data stored by the Service Recipient (“hereinafter: “the Controller”) in the Account under the Service Agreement and provided to the Provider (hereinafter: “the Processing entity”) for the purposes of using the Application.
The provisions of the Services requires the Provider to process the User and provided by the Service Recipient or the User personal data within the meaning of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons in relation to the processing of personal data and on the free movement of such data and the repeal of Directive 95/46/EC (General Data Protection Regulation) (hereinafter: the "GDPR"), which gives rise to the obligation to comply with the requirements indicated in Article 28 of the GDPR.
The Entrustment Regulations shall constitute the model agreement referred to in Article 28 of GDPR.
To the extent not regulated in the Entrustment Regulations, the provisions of the Terms and Condition of the "dotLinker" Application.
Capitalized terms used herein shall have the meaning given to them in the Terms and Conditions of the "dotLinker" Application or GDPR, unless a specific provision hereof provides otherwise.

§ 2. Entrustment of the processing of personal data

The Controller entrusts the Processing entity with the processing of personal data pursuant to Article 28 of GDPR.
The Controller represents that it is the Controller of the data entrusted to the Processing entity under the Entrustment Regulations or a processing entity authorized to further entrust the data to the Processing entity.
The Controller hereby entrusts the Processing entity with the processing of personal data within the scope specified in § 3 hereof.

§ 3. Subject matter, nature, purpose and duration of data processing

Personal data entrusted by the Controller shall be processed by the Processing entity only upon the Controller's documented instruction and solely for the purpose of providing the Services. In particular, the Parties deem the conclusion of the Service Agreement to be a "documented instruction".
The Controller entrusts the Processing entity with the processing of personal data of the following categories (hereinafter: "entrusted personal data"):

No	Categories of Data Subject	Categories of Personal Data
1	User	Name(s), surname, position, e-mail address, telephone number
2	Candidates, employees, contractors, vendors	Name(s), surname, link to profile on social media, link to avatar

The personal data entrusted by the Controller hereunder shall not constitute special categories of data referred to in Article 9 of the GDPR or data relating to criminal convictions and offences referred to in Article 10 of the GDPR.
The processing of the entrusted personal data will be carried out using IT systems (in an automated manner).

§ 4. Obligations, rights and representations of the Processing Entity

The Processing entity undertakes to secure the entrusted personal data by implementing (even prior to the processing) and maintaining technical and organizational measures appropriate to the nature, scope, context and purpose of the processing of the entrusted data, including those required by the relevant provisions of generally applicable law, so that the processing of the entrusted personal data meets the requirements of the General Data Protection Regulation.
The Processing entity undertakes to ensure that the persons authorised to process the personal data entrusted hereunder are bound by confidentiality obligations or are subject to an appropriate statutory secrecy obligation.
The Processing entity undertakes, to the extent justified by the subject matter of the Service Agreement, to assist the Controller, to the extent possible, in complying with the Controller's obligation to respond to requests from data subjects in exercising their rights under generally applicable law, including Chapter III of the GDPR.
The Processing entity undertakes to immediately notify the Controller of:
1. any breach of the protection of the entrusted personal data, where "breach of the protection of the entrusted data" shall mean any accidental or unlawful destruction, loss, modification, unauthorized disclosure of or unauthorized access to the entrusted personal data. The notification referred to in this subsection 1 shall be made no later than within 24 hours from the discovery of the breach of protection of the entrusted data;
2. any request received from the data subject, while refraining from responding to the request until the Controller's opinion has been received. The notification referred to in this subsection 2 shall be made no later than 24 hours after receipt of the request;
3. any legally authorized request to disclose personal data to a competent state authority, unless the prohibition to notify ensues from the provisions of the law, in particular from the provisions of criminal proceedings, when the prohibition is aimed at ensuring the confidentiality of an initiated investigation;
4. any compliance checks on the processing of personal data carried out by the President of the Personal Data Protection Office or any other supervisory authority, and the results thereof, as well as any other action taken by public authorities concerning such data.
The Processing entity undertakes, to the extent justified by the subject matter hereof and the information available to it, to assist the Controller in complying with the Controller's obligations under generally applicable law, including Articles 32 to 36 of the GDPR and concerning the security of the processing of personal data, notification of a personal data breach to the supervisory authority and to the data subject, a data protection impact assessment and related consultations with the supervisory authority.
The Processing entity undertakes to provide the Controller, within 14 days from the date of receipt of the request, with all information and documents necessary to demonstrate the Controller's compliance with its obligations under generally applicable law;

§ 5. Controller's Obligations

The Controller is obliged to ensure that throughout the duration of the Service Agreement the Controller has a legal basis for the processing of the entrusted personal data and that the Controller has appropriate entitlements to entrust the personal data to the Processing entity. Should the Controller lose the aforementioned legal basis or entitlements with regard to certain entrusted personal data, the Controller shall immediately take steps necessary to cease entrusting them, in particular notify the Processing entity thereof.
The Controller undertakes not to give instructions to the Processing entity regarding the processing of the entrusted personal data which would be in conflict with generally applicable law, the provisions of the Entrustment Regulations or other contractual obligations.

§ 6. Further Entrustment of Personal Data

The Controller grants its general consent for the Processing entity to further entrust the processing of personal data (hereinafter: "subcontracting") to subcontractors of its choice.
The Processing entity undertakes to ensure that:
1. the sub-Processing entity applies appropriate technical and organizational measures to ensure the processing of the subcontracted personal data in accordance with the GDPR;
2. the scope of the sub-Processing entity's data protection obligations corresponds to the Processing entity’s obligations hereunder.
If the Processing entity intends to subcontract the processing of personal data to a particular subcontractor, the Processing entity shall notify the Controller thereof by-mail no later than 7 (seven) days prior to the subcontracting. The Controller may object to the subcontracting referred to in the preceding sentence by raising an objection by e-mail within 7 (seven) days of receipt of the subcontracting notification.
Upon the ineffective expiry of the objection period referred to in Section 3 above, the Processing entity may subcontract the processing of personal data to the selected subcontractor.
If the objection referred to in section 3 above is raised, the Processing entity may rescind the Service Agreement with immediate effect.
The subcontracting referred to in section 3 above shall not constitute an amendment to the Entrustment Regulations.

§ 7. Term of the Entrustment Regulations

The Entrustment Regulations is concluded for the duration of the Service Agreement and terminates upon termination, cancellation or expiration of the Service Agreement.

§ 8. Effects of Termination of the Entrustment Regulations

In the event of termination of the Service Agreement, the Processing entity, without delay, no later than within 14 (fourteen) business days from the date of termination of the Service Agreement, undertakes to return to the Controller and remove from its own carriers all personal data the processing of which it has been entrusted with, including effectively removing it also from the electronic carriers at its disposal. The provisions of the preceding sentence shall not apply to the personal data the storage of which by the Processing entity is required for a period longer than the duration of the Service Agreement in accordance with generally applicable laws.

§ 9. Parties liability

In the event that either Party to the Service Agreement breaches the provisions of the Entrustment Regulations, the provisions of the GDPR or other generally applicable law, resulting in damage to the other Party, the Party responsible for the breach shall only be liable to compensate for the actual damage and shall not be liable for the benefits lost by the other Party as a result of the breach.

§ 10. Amendment of the Entrustment Regulations

The provisions of § 13 of the Terms and Conditions shall apply respectively to the amendments to the Entrustment Regulations.