OkKoala.com website terms and conditions

DEFINITIONS

  1. These terms and conditions govern the use of the okKoala.com website, in particular, the rights and obligations of registered users of okKoala.com
  2. Whenever referred to in these regulations:
    1. Operator - means the company under the business name NIGRIV spółka z ograniczoną odpowiedzialnością (address: ul. SŁAWIŃSKA, nr 6, loc. 807, place. WARSZAWA, coded 01-218, postcode WARSZAWA, country POLAND) entered in the Register of Entrepreneurs of the National Court Register under KRS number 0000808806, holding tax identification number (NIP) 527-290-88-16 and statistical number (REGON) 384634106, with a share capital of 5000.00 PLN paid in full.
    2. Website - shall be understood as the okKoala.com Internet portal operating at the following website address https://okkoala.com maintained by the Operator, under the conditions specified in the Rules.
    3. User - shall be understood as a person having full legal capacity, who has gained access to the Services by accepting the Regulations. The User may also be a legal person or an organizational unit that is not a legal person but is granted legal personality by the Act, and which uses Services provided by the Operator.
    4. Services (Service) - it shall be understood as the Service or Services provided by the Operator according to the rules specified in the Regulations.
    5. Campaign - it should be understood as a realization by the Service of a test of resistance of user’s company e-mail addresses to phishing attacks in a manner described in these regulations and consistent with the type of a selected campaign.
    6. Login - should be understood as an individual and unique e-mail address constituting a unique identifier of the User in the Service.
    7. Password - shall mean a sequence of at least 8 characters defined by the User and assigned to the User. The password is required for logging on to the Website by the User.
    8. Registration - should be understood as a one-time action consisting in the creation of an Account by the User, performed with the use of a registration form made available by the Operator on one of the sites of the Service.
    9. Report - shall be understood as a compilation of data gathered on the Website according to parameters specified by the User or the Website, created as part of the operation of the Website and in accordance with the Campaign selected by the User.
    10. Account - shall be understood as a set of services provided by the Website together with individual User settings, thanks to which the User may use the Website.
    11. Account Version - it shall be understood as a set of functionalities to which a particular User Account has access.
    12. Regulations - it shall be understood as these Regulations.
    13. Agreement - it should be understood as the agreement for electronic provision of services concluded between the User and the Operator at the moment of acceptance of the Regulations by the User, with the content corresponding to the content of the Regulations.
    14. License - it should be understood as the number of licenses, which the User is entitled to, corresponding to the number of employees, which the User can enter into the system as employees of a given organization and subject them to created Campaigns.
    15. Global Admin or Main Administrator - it shall be understood as an Account that is the first created User for the given company/organization and can create new User accounts in the given company/organization.
    16. Administrator - this is the Main Administrator and each User created by him with rights enabling them to log in to the Account in the administration part.
    17. Demo Account - shall be understood as an Account created by the Operator for the User for promotional and testing purposes.
    18. Training Materials - it shall be understood to mean email templates used in Campaigns or trainings and all kinds of trainings available in training modules of the Service.
    19. okKoala Personal - shall mean the type of account in the Service, which is used by the User’s employee, and its operation is defined by the okKoala Personal account Terms and Conditions.
    20. Support or Technical Assistance shall be understood as technical assistance available to each User through the application form available on the Website. The scope, response time, and general conditions of Technical Assistance depend on the Support package purchased by the User. Information on Support packages is available on the Website. Information on the current Support package can be found in the Customer Panel.
    21. Subscription Period - shall mean the period of operation of the Account, for which the fee was paid by the User.
    22. Price List - shall be understood as an offer presenting the range of functionalities and prices of licenses purchased in the Service. Available at: https://okkoala.com/pl/pricing.

GENERAL PROVISIONS

  1. The Regulations specify the rules for the use of the Website and the Services offered by the Operator, as well as define the rights and obligations of the Operator and the User.
  2. The Operator is the owner of the Service and the entity providing the Services specified in the Terms of Use.
  3. Using the Website and in accordance with the Terms and Conditions, the Operator shall provide the IT Security Testing Service consisting in testing the resistance of the user’s corporate e-mail addresses to phishing attacks by
    1. Sending by the Operator of e-mails pretending to be phishing to the company e-mail addresses indicated by the User;
    2. Monitor the statistics of opening messages and clicking on the links, buttons, references, etc. contained in them;
    3. Online training for Campaign subjects;
    4. Preparing a report presenting collected statistics and data adequate to the Campaign selected by the User.
  4. Access to the Account and Services offered by the Website is available only to Users who have completed Account Registration as outlined in the Terms of Use, received access to an Account created by the Account Administrator or their account has been created by the company’s Global Admin.
  5. In order to use the Website and the Services provided by the Operator, it is necessary for the User to become familiar with the content of the Regulations and to agree to the conditions specified in the Regulations.
  6. The Operator reserves the right to restrict access to selected Services offered via the Website to Users who fail to meet the conditions stipulated by the Operator. Reservations concerning the possibility of using selected Services shall be published on the Website each time.
  7. The functionalities available in each Account Version offered by the Operator are displayed on the Website.
  8. The minimum technical requirements of the computer system from which the User wishes to use the Service:
    1. 2.8 GHz processor
    2. RAM: 4 GB
    3. Internet connection of 5Mbps
    4. Browser: supporting HTML5, CSS3, and JavaScript, with Cookie enabled, as well as via mobile devices equipped with a Webkit-enabled browser.
  9. The Operator shall make every effort to ensure that data transmission over the Internet as part of the use of the Services is secure, i.e. that the transmitted information is transmitted with confidentiality, integrity, and completeness.
  10. The Operator shall not be liable for technical problems or limitations of the computer equipment used by the User, which prevent the User from using the Website and the Services offered thereon.
  11. The Operator is entitled to monitor the User’s activities while using the Website and to collect quantitative data in order to keep statistics and improve the Website.
  12. The User is obliged to add the sending domains to the list of trusted senders of messages on the side of the used mail server to correctly carry out the Service. If the User fails to perform a given task, the Operator shall not be held responsible for the improper functioning of the Service and any inconvenience resulting from the User’s failure to comply with this requirement.
  13. The User is aware of and accepts the fact of continuous development and improvement of the Service offer, adding new functionalities, usable modules, and introducing visual changes resulting from added improvements. The aforementioned developmental changes will increase the capabilities of the Website, which will be treated as an advantage for the User. A consequence of the mentioned improvements will be a necessity to adjust these Terms of Use to the changes introduced, which will be done by the Operator.

REGISTRATION OF AN ACCOUNT WITHIN THE SERVICE

  1. The Operator informs that access to the Services is possible after registration of the Account on the Website, and thus after leaving the User’s data on the Website, in the manner described in this chapter of the Terms of Use, as well as after meeting other conditions indicated in the Terms of Use.
  2. Registration of User within the Service, and thereby the creation of an Account, takes place through a receipt from the Operator of an e-mail message containing a link to assign a Password to the User Account. The second method of User registration on the Website, and thereby the creation of an Account, takes place through a receipt from the Operator of an e-mail message containing information about the possibility of authentication through Azure Active Directory.
  3. Assigning a password to the Account by the User is equivalent to activating the Account and gaining access to the Service.
  4. In order to implement the Campaign and use the System, the User must have an active Account.
  5. When registering, the User is obliged to provide truthful, accurate, and up-to-date data that is not misleading and does not violate the rights of third parties. Furthermore, the User is responsible for maintaining the confidentiality of his/her password.
  6. The User is solely responsible for the content of the data provided. The Operator informs that any content sent or any Order placed by third parties identifying themselves with the User’s Login and Password will be attributed to the User.
  7. Access to the User Account and use of the Services provided by the Operator through the Website is possible after the User logs in to the Website using a valid Login and Password or by using Azure Active Directory.
  8. The Operator reserves the right to block the User’s access to the Services if it is proved that the User used the Account and the Services in violation of the Terms of Use.
  9. A User Account is valid for 365 days from the date of its creation or the last paid invoice. If the User wants to keep all the collected data during the validity period of the Account after its expiration, the User must download said data onto his storage media, within a maximum period of 30 days after the expiration of the Account. Functionality enabling data export is available only in selected Account versions.
  10. The Operator reserves the right to delete the User Account and all data and information related to it if the account has become invalid under the provisions of the regulations written in section 9 above.

TERMS OF USE

  1. The Operator reserves the right to modify the technical manner of performing the Services, in accordance with the scope and conditions resulting from the authorizations, as well as technical capabilities.
  2. In order to ensure the security of the transmission of messages and in connection with the Services provided, the Operator shall take technical and organizational measures appropriate to the degree of the threat to the security of the Services provided.
  3. In particular, the user is obliged to:
    1. use the Website in a manner that does not interfere with its functioning, in particular through the use of specific software or devices;
    2. not to take actions such as: sending or posting unsolicited commercial information on the Website, undertaking IT activities, or any other activities aimed at gaining access to information not intended for the User;
    3. use the Service in a manner consistent with the provisions of the law in force in the Republic of Poland and the provisions of the Regulations;
    4. not to provide or place on the Website any content prohibited by the applicable law;
    5. use the Website in a manner not burdensome to other Users and the Operator, with respect for their rights (including the right to privacy) and all their rights;
    6. By creating Training Materials independently, the User declares that he/she owns all rights to all materials used therein and that he/she does not violate any rights of any third parties, including copyrights, trademarks, logotypes, etc;
    7. use any content posted on the Service only for your own internal, personal use and in accordance with these Terms of Service;
    8. conduct the Campaign only on the persons employed by it and provide the data to which it is entitled.
  4. The Operator shall not be liable in any way for infringement of rights of third parties or causing any damage to third parties as a result of and in connection with the activities carried out by the User using the data collected by the User in connection with the provided Services.
  5. The Operator does not bear any responsibility for the content obtained during the provision of the Service to the User and the damage caused by it.
  6. The Operator shall not be liable in any way according to Articles 12-14 of the Act of 18 July 2002 on Electronic Provision of Services (Journal of Laws of 2002, No. 144, item 1204, as amended).
  7. Responsibility for violations referred to, among others, in paragraphs 4 - 6 rests with the User and the User takes full responsibility for his/her actions while using the Service.
  8. The User is obliged to immediately notify the Operator about any case of infringement of his/her rights within the scope of usage of the Service, as well as about any case of violation of the rules specified in the Regulations.
  9. The Operator may deprive the User of the right to use the Website, as well as restrict the User’s access to some or all of the Website resources or Services offered by the Operator, with immediate effect, in the case of violation of the Terms of Use by the User, and in particular when the User
    1. provided untrue, inaccurate, or outdated data during the Service registration process, which is misleading or violates third party rights;
    2. commits via the Service the violation of personal rights, in particular, the personal rights of other Users;
    3. commits other behavior, which will be considered by the Operator as reprehensible, inconsistent with applicable law or general principles of Internet use, inconsistent with the objectives of the creation of the Service, or detrimental to the good name of the Operator.
  10. A person who has been deprived of the right to use the Service may not register again without the prior consent of the Operator.
  11. The Account Holder may request removal of the Account at any time during the Service. By deleting the Account, the User waives any further use of any Services paid for on the Website and acknowledges that any monies paid by him shall not be refunded.
  12. The Operator also allows for the possibility of establishing cooperation with the User by concluding a separate agreement on the provision of Services. According to the provision in the contract, its signing means acceptance of the provisions of the Regulations.
  13. The User is entitled to run a certain number of Campaigns in accordance with the Account Version to which they have purchased access.
  14. An employee on whom a Campaign is conducted may not be subjected to another Campaign before the end of the previous Campaign.
  15. You have the right to enter your employees’ data into the system in an amount equal to the number of Licenses purchased. He also has the right to exchange data, i.e. delete and add new users, in an amount equal to 5% (five percent) of the purchased Licenses in each month of Account validity.
  16. The User using the Demo Account may use all of the functionalities provided. The account is valid for 14 days and the Operator is not obliged to keep the data from the Campaigns conducted by the User for longer than the period of validity of the Account. Demo Account shall serve solely and exclusively for promotional and familiarization purposes. It is not intended to meet all of the requirements of the User and shall not entitle the User to make any claims against the Operator. Demo Account Users use it at their own risk.
  17. By voluntarily installing the okKoala Plugin for his/her email client, the User accepts its operation. In particular, the fact that the reported messages (without attachments) are forwarded to the Operator’s analysis center.
  18. The right to accept the Terms of Use on the User’s side is held by the Main Administrator and any other User created by him/her with Administrator rights.

FEES

  1. The use of particular Services provided by the Operator as part of the Website is subject to a fee.
  2. The fee is subject to access to the Website and functionalities in accordance with the Account Version selected by the User and additional Services offered by the Operator, to which the User wishes to gain access.
  3. The prices of the licenses are available on the website of the Service. The Operator may also set prices individually with each User.
  4. If the User decides to purchase additional Licenses, the Operator is obliged to send PROFORMA VAT invoice for the Services provided to the User within 7 working days from the date of receiving the relevant information confirming the purchase from the User and receiving the necessary data. After the payment is recorded by the Operator within 7 working days, the Operator shall make the VAT invoice available in the User’s Panel and send it to the contact email address of the user.
  5. Non-payment of the fee within the period specified in the PROFORMA VAT invoice delivered to the User shall result in automatic blocking of the User’s access to the Account. Making the payment within 14 days from the date of blocking the User’s access to the Account shall result in unblocking the access within 3 working days. Ineffective lapse of the 14 days counted from the day of blocking the User’s access to the Account shall result in the automatic removal of the Account and termination of the Agreement. The day of payment shall be deemed the day of crediting the Operator’s bank account.
  6. Payment of the Subscription Fee within the period defined in the PROFORMA VAT invoice delivered to the User shall increase the number of Licenses assigned to the User’s Account.
  7. The User agrees to receive invoices electronically to the email address used during registration and in the User Panel of the okKoala System.
  8. The User can purchase additional Training Materials placed on the Service and marked as additional paid materials, through the Service, contact with the account manager or Support. PROFORMA VAT invoice shall be issued within 7 working days after confirmation of the purchase and the purchased Training Materials shall be assigned to the account upon payment of the PROFORMA VAT invoice. The Operator shall make the PROFORMA VAT invoice available in the User’s Panel within 7 working days and send it to the contact email address.
  9. Technical Support Packages are purchased for a minimum period of 30 days, and a maximum period of the account validity. The User who decides to purchase the package is obliged to communicate his intentions by sending an email or a request from the System. The Provider is obliged to send PROFORMA VAT invoice for the provided Services within 7 working days from the date of receiving information from the User confirming the purchase and receiving the necessary data. The Services purchased shall be assigned to the User’s account as soon as the payment is noted by the Operator. The Operator shall make the PROFORMA VAT invoice available in the User’s Panel within 7 working days and send it to the contact email address.

TECHNICAL INTERRUPTIONS

  1. The Operator shall be entitled to make temporary interruptions in the operation of the Website and the Services provided by it for technical reasons.
  2. The Operator will make every effort to ensure that technical interruptions occur during the night and last as short a period as possible.
  3. In the case of a technical failure lasting more than 24 hours, the Account Holder shall be entitled to extend the Subscription Term during which the technical failure occurred by as many days as the technical failure lasted.
  4. The Operator shall not be liable to Users for failure to perform or improper performance of Services due to reasons attributable to third parties (including telecommunications network operators) or caused by force majeure.

LIMITATIONS AND EXCLUSIONS OF LIABILITY

  1. The Software is provided to Customer under an "as is" license, with all faults and defects, without warranty of any kind. To the maximum extent permitted by applicable law. Operator expressly disclaims all warranties, express, implied, statutory or otherwise, with respect to the Software, including all implied warranties of merchantability, fitness for a particular purpose, and warranties that may arise from course of dealing, course of performance, use or trade practice. Without limiting the foregoing, Operator makes no warranties or undertakings and makes no representations that the Software will meet Customer's requirements, achieve the intended results, be compatible or interoperable with other software, applications, systems or services, operate uninterrupted, meet any standards of availability, performance or reliability, or be free of bugs, viruses or other harmful components.
  2. In no event shall Operator be liable to Customer for any use, interruption, delay or inability to use the software, lost revenues or profits, delay, interruption or loss of services, business or goodwill, loss or corruption of data, losses resulting from system or system service failure, malfunction or disabling failure to accurately transfer, read or transmit information, failure to correct, update or provide correct information, system incompatibility or provision of incorrect compatibility information, system security breaches, or any decisions or actions taken by Customer based on the results obtained from the use of the Software.
  3. In no event shall Operator's total liability under or in connection with the Agreement or its subject matter, under any legal or equitable theory, including breach of contract, tort (including negligence), strict liability and otherwise, exceed the total amount paid by Customer to Operator under the Agreement in consideration for the license granted or service provided.
  4. The Operator shall not be liable in any way for the content obtained during the provision of the Service to the User and any damage caused by it.

PERSONAL DATA PROTECTION

  1. The User may provide personal data to use the Services, as well as in the course of using them, for example by filling in forms and correspondence with the Operator.
  2. Providing personal data is voluntary, but necessary to use the Services. Without providing personal data, it will not be possible to provide the Services.
  3. Any personal data provided by the User or collected by the Operator about the User shall be processed in a manner consistent with the requirements outlined in Polish law, and above all, in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons concerning the processing of personal data and the free movement of such data and repealing Directive 95/46/EC, hereinafter referred to as “RODO”.
  4. The administrator of the above personal data is the Operator.
  5. The Operator may entrust the processing of collected Users’ data to another entity based on a contract concluded with it on the entrustment of personal data processing.
  6. The Operator informs that potential recipients of personal data may be: entities hosting the Website, dealing with its security, state authorities authorized to do so based on separate regulations, suppliers of tools for website traffic analysis, communication with Users, conducting marketing, and sending newsletters.
  7. The User has the right to access his data and may verify or correct them, as well as delete them, by submitting an appropriate request to the Operator.
  8. The User also has the right to object to the processing of personal data on grounds relating to the User’s particular situation, if the personal data will be processed based on legitimate interests. The User is also entitled to object to the processing of his/her personal data in any case if they will be processed for direct marketing purposes.
  9. The Operator processes Users’ personal data and uses them to the extent and for the purpose necessary to perform the Services, including to inform about the operation of the tool, the possible ways of its use by the User and the necessary actions, such as payments, invoices, etc.
  10. The legal basis for the processing of personal data is Article 6(1)(b) and Article 6(1)(f) of the RODO. The legitimate interest of the Operator is to conduct marketing of its services.
  11. The Operator, based on the additional and optional consent given by the User, has the right to send marketing information to the given e-mail addresses. The consent referred to in the preceding sentence may be revoked by the User at any time. If such consent is given, the legal basis for the processing of personal data shall also be art. 10 of the Act of 18.07.2002 on the provision of electronic services and art. 172 of the Act of 16.07.2004. Telecommunications Law.
  12. Personal data shall be processed for the time needed to provide the Services to the User, and after the completion of their provision for the time needed to demonstrate the correctness of the implementation of the obligations of the Operator to the User. This period corresponds to the period of limitation of claims. Personal data processed in the scope of marketing activities shall be processed for the time of their conduct by the Operator, or by expressing by the User objection to further processing of personal data for marketing purposes, or canceling consent to sending marketing information to the e-mail address. Revocation of consent shall not affect the legality of processing before the withdrawal of consent.
  13. The Operator uses technical measures required by current regulations on personal data protection to prevent unauthorized persons from obtaining and modifying personal data sent electronically.
  14. You may not use the Services anonymously or under a pseudonym.
  15. Users’ personal data will be transferred to countries outside the European Economic Area, i.e. to:
    1. The United States-based on the Executive Decision of the European Commission of 12.07.2016 introducing the Privacy Shield. Data will only be transferred to entities certified under this decision, which obliges them to properly safeguard personal data.
    2. To other countries based on standard contractual clauses that will oblige the data recipients to adequately protect the data. You have the right to receive a copy of your personal information that will be transferred to such a country.

COOKIES

  1. The Operator uses cookies, i.e. small text information stored on the User’s terminal device (e.g. computer, tablet, smartphone). Cookies can be read by the Operator’s ICT system or other entities.
  2. The Operator stores cookies on the User’s end device and then gains access to the information contained therein for the following purposes: statistics, marketing, and ensuring proper operation of the Website, in particular maintaining the session after logging on and recognizing the User during the next session.
  3. The Operator informs Users that it is possible to configure the Internet browser in such a way that cookies cannot be stored on the User’s end device.
  4. The Operator indicates that cookies may be deleted by the User after they have been stored by the Operator, through appropriate functions of the Internet browser, programs serving this purpose, or using appropriate tools available within the operating system used by the User.
  5. The following links provide information on how to delete cookies in the most popular web browsers:
    1. Firefox: support.mozilla.org/pl/kb/usuwanie-ciasteczek
    2. Opera: help.opera.com/Windows/12.10/pl/cookies.html
    3. Internet Explorer: windows.microsoft.com/pl-pl/internet-explorer/delete-manage-cookies#ie=ie-11
    4. Chrome: support.google.com/chrome/answer/95647?hl=pl
  6. The Operator also informs Users that changing the configuration of their Internet browser which prevents or restricts the storage of cookies on the User’s terminal device may result in restrictions on the functionality of the Services. Deleting cookies during the provision of the Service may lead to similar consequences. This may result in an inability to log on to the Service or an interrupted session after logging on.

OUTSOURCING OF PERSONAL DATA PROCESSING

  1. In order to enable the Operator to provide the Services to the User, the User entrusts the Operator to carry out, on behalf of the User, the processing of personal data referred to in the following paragraph to the extent and in the manner specified below. On this basis, the Operator is entitled to process personal data on behalf of the User exclusively for the above purpose and in the manner specified below.
  2. The instruction to process personal data shall include personal data in the following scope: name, surname, telephone number, e-mail address, and all personal information provided by the User in the System, including during the creation of the Campaign and all information gathered during running the Campaign. Hereinafter all these data are referred to as “Personal Data”.
  3. The outsourcing of the processing of Personal Data includes the following activities: collection, recording, organizing, structuring, storage, adaptation, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure, or destruction.
  4. The Operator declares that it provides sufficient guarantees - in particular through its expertise, experience, reliability, and resources - to implement technical and organizational measures - so that the processing of Personal Data complies with the applicable data protection regulations, in particular concerning the security of Personal Data.
  5. The operator shall:
    1. take organizational and technical measures before commencing the processing of Personal Data and apply at all times during the processing to ensure an appropriate level of security for the Personal Data;
    2. Maintain personal data protection documentation required by applicable laws, including any policies, records, lists of collections;
    3. cooperate, whenever requested, with any supervisory authority entitled to monitor compliance with data protection legislation within the scope and in the manner specified by such authority;
    4. document any Personal Data breaches, including the circumstances of the Personal Data breach, its impact, and the remedial action is taken;
    5. AN ASSURANCE BY:
      1. Only persons authorized by the Operator have access to Personal Data;
      2. persons authorized to process Personal Data have committed themselves in writing to keep such Personal Data and the ways of securing them confidential.
  6. The Operator is obliged to inform the User immediately [by e-mail] about
    1. any proceeding or judgment relating to the Personal Data, including, but not limited to, the proper safeguarding of the Personal Data;
    2. any breach or threat of a breach of Personal Data protection identified by the Operator, together with an indication:
      1. the nature of the personal data breach, including the category and approximate number of data subjects;
      2. the possible consequences of a Personal Data breach;
      3. measures taken or proposed by the Operator to remedy the personal data breach, including measures to minimize its possible adverse effects;
    3. notice or the commencement of an inspection or investigation by a supervisory authority regarding Personal Data.
  7. The Operator is obliged to assist the User, in the manner specified by the User, in all matters concerning Personal Data, in particular by:
    1. Providing written explanations or information;
    2. Release of documents or other records;
    3. enabling:
      1. view or record information stored in information systems;
      2. perform status reviews of information systems;
      3. to carry out security tests of the IT systems. This obligation also applies to supporting the User in complying with the obligation to provide the data subject with information about the processing of his or her personal data and any other obligations of the User arising from the data subject’s exercise of his or her rights under applicable data protection law.
  8. You generally consent to Operator’s use of another processor, hereinafter referred to as a “Subprocessor”, to perform all or selected Personal Data processing activities on behalf of Operator.
  9. The Operator is obliged to inform the User in advance of any intended changes concerning the addition or replacement of Subprocessors - in such case, the User is entitled to express his or her binding objection to such changes. Information about such changes should be transmitted via e-mail and include:
    1. Subprocessor’s name and contact information;
    2. Identify the Personal Data processing activities for the performance of which the Operator will use the services of the Subprocessor.
  10. A list of current Subprocessors with which the Operator cooperates:
    1. Microsoft Azure - Microsoft Ireland - South County Business Park, One Microsoft Place, Carmanhall and Leopardstown, Dublin, D18 P521, Ireland,
    2. Amazon Web Services EMEA SARL, 38 Avenue John F. Kennedy, L-1855, Luxembourg, ATTN: AWS EMEA Legal,
    3. Digitalocean LLC - 101 Avenue of the Americas 10th Floor New York, NY 10013 United States;
  11. If the Subprocessor fails to comply with its obligations to protect the Personal Data, the Operator shall be fully liable to the User.
  12. The User shall be entitled to carry out, at its own expense, an audit of the Operator regarding the compliance of its Personal Data processing activities with these provisions of the personal data processing entrustment agreement and the applicable data protection regulations, in particular, to verify the Operator’s performance of its obligations. The User shall be obliged to notify the Operator about the intention of audit at least 14 days in advance. The User is entitled to submit written post-audit recommendations to the Operator together with a deadline for their implementation, which must be appropriate and not shorter than 30 days from the date of their submission to the Operator. The User is obliged to implement objectively justified post-inspection recommendations. The recommendations may not go further than the legal requirements. The use of the rights specified in this section by the User may not lead to a violation of the Operator’s corporate secret.
  13. Personal Data is entrusted to the Operator for the duration of the Account validity. Non-renewal of the Account by the User entitles the Operator to delete the Personal Data. After 30 days from the expiration of the User Account validity, the Operator shall delete all collected data, including Personal Data.

ADVERTISEMENTS

  1. All complaints concerning the provision of Services by the Operator as well as questions concerning the use of the Service should be sent to the e-mail address contact@okkoala.com or the postal address: ul. SŁAWIŃSKA, nr 6, loc. 807, loc. WARSZAWA, postcode 01-218, postal address WARSZAWA, country POLAND, marked “Complaint”.
  2. A complaint should include: the company name - in the case of a legal person or an organizational unit which is not a legal person but is granted legal personality by the law, the User’s Login, the User’s exact address of residence or registered office, or the correspondence address if different from the address of residence or registered office, and the email address provided during Registration, as well as a detailed description and reason for the complaint.
  3. Complaints resulting from non-compliance with the Terms of Use shall not be considered by the Operator.
  4. The Operator considers the complaint within 14 working days from its receipt and immediately informs the User via e-mail about the way the complaint has been considered. If the data or information provided in the complaint need to be supplemented, the Operator, before considering the complaint, asks the complainant to supplement it. The time of providing additional explanations by the User extends the period of complaint consideration accordingly.
  5. Consideration of a complaint by the Operator is final.
  6. Any other notices, comments, or questions regarding the operation of the Service may be directed by email to contact@okkoala.com.

FINAL PROVISIONS

  1. The Operator declares that it shall use its best efforts to ensure Users a high level of security in the use of the Website. Any events affecting the security of information transmission, including the suspicion of making available files containing viruses and other files of a similar nature, shall be reported to the Operator at contact@okkoala.com.
  2. The Operator informs and the User agrees that any notifications, information, or other messages from the Operator related to the provision of the Services shall be sent electronically to the User’s e-mail address provided during registration or in the Account Settings Panel.
  3. The Operator reserves the right to transfer part or all of the rights and obligations arising from the Regulations to a third party or to conclude a subcontract with them, to which the User has agreed by binding himself to the Regulations. The User may not without the written consent of the Operator assign or waive rights and obligations arising from the Regulations.
  4. Users of the Service may obtain free access to the Terms and Conditions at any time through a link on the home page of the Service or by contacting contact@okkoala.com.
  5. The Operator stipulates that the Service and graphic elements of the Operator contained therein, the logotypes of the Operator, navigation solutions, selection and arrangement of the contents presented within the Service are the subject of exclusive rights of the Operator.
  6. In matters not covered by the Rules and Regulations shall be governed by the provisions of the Polish Civil Code and other laws applicable in the territory of the Republic of Poland.
  7. If any part of these Terms and Conditions is held to be invalid and unenforceable, this will not affect the validity of the remaining parts of these Terms and Conditions, which will remain valid and enforceable in accordance with their terms.
  8. All Users who are consumers, regardless of where they reside and where the service is consumed, acknowledge that the laws of the State of Poland will apply to any claim, action, or dispute the User may have in connection with these Terms of Use, in all cases (i.e., consumers and other legal entities), and the User acknowledges and agrees that his or her claim will be resolved by a court of competent jurisdiction in the Republic of Poland and that the laws of Poland will govern these Terms of Use and any claim related thereto without regard to conflict of law provisions.
  9. The Operator has the right to change the Terms of Use at any time. The User is bound by the new content of the Terms of Use if he/she agrees to its content. If the User does not agree to the new content of the Regulations, the Agreement shall be terminated on the date of the last fully paid Subscription Period.