(hereinafter referred to as “the Rules of Procedure”)
- The definitions contained in these Rules of Procedure shall be understood:
Agency – The User who is an Entrepreneur using the Application to collect and analyse employee data.
- Application – the Hrily web application, addressed to the HR industry and other entities that may use the functionality of the Application in their business.
- Cookies – text files placed by the server on the device on which the browser operates. Cookies are IT data, in particular text files, which are stored in the User’s terminal device and are intended to use the Application.
- Personal data – any information about an identified or identifiable natural person, in particular on the basis of an identifier such as name and surname, identification number, location data, Internet identifier or one or more specific factors determining the physical, physiological, genetic, mental, economic, cultural or social identity of an individual.
- Account – an individual profile of the Agency created in the Application during the registration process. The account enables the use of the Services provided within the Application.
- Entrepreneur – an entrepreneur within the meaning of Polish law, in particular Article 4 of the Act of 6 March 2018. – The right of entrepreneurs and Article 43 of the Civil Code of 23 April 1964.
- Browser – an IT program used to display websites (e.g. Chrome, Firefox, Safari).
- Agreement – an agreement concluded between the Administrator and the Agency, the subject of which is the provision of Services.
- Services – services provided by the Administrator via the Application to Users in accordance with these Terms.
- Users – the Agency and persons to whom the Agency has granted access to the Account, who are using the Services provided by the Administrator via the Application.
- Consumer – a consumer within the meaning of the provisions of the Civil Code.
§2 Preliminary provisions
- The application administrator is HEADLOGIC Sp. z o.o. with its registered seat in Rzeszów, address: ul. Podwisłocze 2, suite 99 B, 35-309 Rzeszów, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court in Rzeszów, XII Commercial Division of the National Court Register under KRS number: 0000844300, NIP: 8133839622, REGON: 386201995, with share capital of PLN 5,000.
- You can contact the Administrator by calling +48 530 248 264
or writing to the e-mail address: firstname.lastname@example.org.
- These Terms and Conditions apply to the Application, including the content and Services offered by the Administrator.
- The Regulations define the basic types of Services and their scopes and conditions, as well as the rules for concluding an Agreement with the Administrator.
- Users of the Application are required to comply with the principles of social coexistence, generally accepted social standards and respect the good name and legal interests of the Administrator and other Users. Any activities resulting in infringement of copyright related to any of the content posted within the Application, and made available through it, are prohibited.
- The Administrator has the right to block access to the Services for Users who violate or fail to accept the provisions of these Terms and Conditions, as well as violate or infringe the Administrator’s legal interests or good name in any way.
- The Application and the Terms and Conditions are intended only for Entrepreneurs – legal persons or entities who will perform activities related to their business or professional activity using the Application.
- The Terms and Conditions are understood as regulations referred to in Art. 8 of the Act on the provision of electronic services of July 18, 2002.
- The Agency is obliged to register in order to use the Application. By registering for the Application, the Agency creates an Account.
- To register, the Agency fills in the form available at hrily.com/en/registration.
- In order to register, the Agency shall provide the following data in the form:
1) name and surname or company name,
2) contact telephone number
3) e-mail address,
4) 4) NIP number.
- The Agency reads and accepts the statements attached to the form (Consent).
- After completing the form referred to in Paragraph 3 and accepting the approvals referred to in Paragraph 4, the Agency shall send the data to the Administrator. The Administrator shall contact the Agency by phone or by e-mail in order to verify the data provided and to create an Account.
- After verifying the data and creating an account, the Administrator will send the Agency an e-mail with a link to the login panel, login and instructions for setting the first password to the Account.
- Registration is made by a natural person authorized to represent and act on behalf of the Agency. In order to successfully complete the registration in the Application, you may have to submit a declaration confirming your authorization to represent the legal person, including incurring obligations and acquiring rights on behalf of that legal person.
- After logging into the Account, the Agency may grant rights to use the Application within the Agency Account to other Users by using the function of adding a new User.
- By registering, the Agency declares that it has read and accepts the terms of these Rules of Procedure.
- Upon registration, an Agreement between the Agency and the Administrator for provision of Services by electronic means for an indefinite period is concluded.
- The Application can be used by means of desktop computers and mobile devices equipped with a web browser and Internet access.
2. The Administrator will make every effort to ensure that the use of the Application is possible for the Users using popular web browsers, operating systems, types of devices and types of Internet connections. However, the Administrator shall not be liable if the Application is used by the User on a device which does not ensure appropriate compatibility with the Application.
3. The application has been optimised to work properly in the following
1) Internet Explorer,
2) Microsoft Edge,
3) Mozilla Firefox,
4) Google Chrome,
(in versions of these Browsers which have been relevant during the last 6 months).
4. The application uses the “cookies” mechanism. The use of “cookies” is aimed at correct operation of the Application on the User’s terminal equipment. This mechanism does not destroy the User’s end device and does not cause any configuration changes in the User’s end devices or in the software installed on those devices.
5. Each User may disable the “cookies” mechanism in the web browser of their terminal device. The Administrator points out that disabling the “cookies” may, however, make it difficult or impossible to use the Application.
7. The Administrator shall make every effort to ensure that data transmission over the Internet as part of the use of the Application is secure, i.e. that the information is sent in accordance with the rules of confidentiality, completeness and integrity of the transmitted data.
8. The Administrator points out that regardless of the actions taken by the Administrator to secure the Application, due to the public nature of the Internet network, Users should take into account that unauthorised persons may attempt to obtain and modify Users’ data. Users should also, in order to increase the security of their equipment and data, apply appropriate technical measures which will minimise the aforementioned threats by using antivirus and identity protection programmes for Internet users.
9. When using the Application, it is forbidden for the Agency and for the Users to publish any kind of unlawful content that violates personal rights or copyrights of third parties, or in any way violates the applicable social and moral norms, as well as the principles of social coexistence on the Internet (netiquette).
In particular, it is prohibited to:
1) post and use personal data of other people and their images without an appropriate legal basis;
2) post vulgar or inappropriate content, or any content that is commonly considered offensive;
3) promote totalitarian regimes and the symbols associated with them, incite hatred, violence, or incite to commit a crime;
4) post content that promotes, shows or implies the use of drugs, psychoactive substances, alcohol abuse or gambling, as well as any other behavior that is prohibited to propagate or promote;
5) post content that infringes the intellectual property rights of third parties;
6) post content undermining the good name or reputation of the Administrator, Agency, Users or other third parties;
7) distribute or deliver malware or any illegal or harmful software;
8) send spam or engage in an activity related to spamming, as well as engage in any activities constituting an act of unfair competition or unfair market practice;
9) carry out reverse engineering, processes of decompilation, disassembly, decryption, dismantling, translation, deconstruction, adaptation, modification and the use of other methods of discovering the source code or interfering with the Application or the above-mentioned online payment system in any other way;
10) disrupt, block, overload, interrupt, slow down and/or hinder the normal functioning of the Application or any part or component thereof;
11) post any links or references to websites and files containing any prohibited content, in particular as indicated in points 1) through 10) above.
10. In the event of publishing any content prohibited by law or the Terms and Conditions in the Application, the Administrator is entitled to remove it, as well as to terminate the Agreement with immediate effect due to such violation.
11. It is forbidden to conduct any penetration tests, security tests, attempt to break the Application’s security, as well as any hacking activities in relation to the Application.
12. Any extraordinary signs of the functioning of the Application, in particular a different appearance of the Application (graphic design), unprecedented messages, images, without prior information sent by the Administrator to the Users concerning the possibility of such events, may mean an attempt to illegally take over the password or other illegal activity of third parties. In such circumstances, the Administrator recommends that the Application be discontinued immediately and that the Administrator be contacted at the following e-mail address: email@example.com .
- The Agency, while making an effective registration, receives access to the Account allowing to use the of the Application.
- An Agency Account may be established by the Entrepreneur acting on his/her own behalf or a person who represents the Entrepreneur, among others, a member of the Management Board, a proxy, an attorney or other persons appointed for this purpose.
- The person registering an Agency Account, declares that he or she holds the appropriate right of representation, referred to in section 2 above, by clicking the appropriate checkbox.
- A person registering for an Agency Account may grant access to the Account to other Users.
- The Administrator may decide that the Agency is able to use the Application free of charge for a specified and limited period after the first creation of the Account by the given Agency (trial period). After the expiry of the aforementioned trial period, the use of the Account is subject to a fee. The Administrator is entitled to remove the Agency Account after the aforementioned trial period, if the Agency has not decided to extend the validity of the Account according to the payment conditions provided for in the Application price list.
- When registering an Account, and when using the Application, the Agency is obliged to provide true, current, accurate, complete and not misleading data. The Agency is responsible for the accuracy and completeness of the data provided during the Registration and later use of the Application, including all Personal Data, both its own and of third parties, including Users to whom the Agency has granted access to the Account. In the case of providing data of third parties, the Agency declares that it acts on the basis of appropriate legal grounds, including the appropriate authorization or consent of these persons to provide and further process this data (including Personal Data) by the Administrator.
- In case of loss of the password, the Agency may make use of the ‘generate new password’ option available in the login panel for the Account. The use of the option referred to in the previous sentence makes it possible to use the link allowing to create a new password and then log in to the Application.
- The Agency may delete its Account from the Application panel at any time without stating any reason. The deletion of the Account is tantamount to the termination of the Agreement with immediate effect and the resignation from the Services provided by the Administrator via the Application, however, it does not create an obligation for the Administrator to refund the Agency with any fees paid in advance for the entire term of the Agreement. In the event of termination of the Agreement on any basis, the Agency shall not be entitled to claim any compensation. The Agency is also not entitled to a claim for damages also in the event that the Administrator terminates the Agreement without a valid reason.
- The administrator retains the right to cancel the Agency’s Account in the event of non-payment of the amount due for the use of the Account.
- The User is obliged to keep the password for the Agency Account safe and not to disclose it to third parties.
- Agency which is an entrepreneur with consumer rights (i.e. in accordance with Article 385  of the Civil Code – a natural person concluding a contract directly related to its business activity, when the content of this contract shows that it is not of professional nature, resulting in particular from the subject of business activity, made available on the basis of the provisions on the Central Register and Information on Economic Activity, hereinafter: “Entrepreneur with consumer rights”), has the right to withdraw from the Agreement within 14 (fourteen) days from the date of its conclusion (in accordance with Article 38a of the Act of 30 May 2014 on consumer rights).
- If the Agency being an Entrepreneur with consumer rights exercises the right to withdraw from the Agreement, the Administrator will return to the Agency being an Entrepreneur with consumer rights any amounts paid immediately, and not later than within 14 (fourteen) days from the date of receipt of the termination notice from the Agency being an Entrepreneur with consumer rights. The reimbursement will be made using the same method of payment as used by the Agency being an Entrepreneur with consumer rights, unless the Agency being an Entrepreneur on consumer rights has agreed to a different method of reimbursement that does not involve any additional cost for the Administrator.
- The withdrawal can be made by the Agency being an entrepreneur with consumer rights by sending to the Administrator a written notice by e-mail to the following address: firstname.lastname@example.org, or by post to the Administrator’s address. To meet the deadline for withdrawal from the Agreement, it is sufficient for the Agency being an entrepreneur with consumer rights to send the notice before expiry of the withdrawal period to any of the addresses indicated above. For this purpose, an Agency being an entrepreneur with consumer rights may use the withdrawal template attached to the Terms and Conditions.
- In the case of Agencies who are Entrepreneurs with consumer rights, the Administrator may verify whether the Agreement concluded by the Agency being an Entrepreneur with consumer rights falls within the scope of professional activities undertaken as part of the actual business activity performed by a given entrepreneur, in particular by verifying the subject of economic activity, made available on the basis of provisions on the Central Register and Information on Economic Activity. For this purpose, the Administrator may request the Agency being an entrepreneur with consumer rights to provide information or materials enabling verification whether the concluded Agreement is connected with the industry and specialization of the Agency being an entrepreneur with consumer rights.
- The administrator hereby informs that the right of withdrawal is not available to Agencies that are Entrepreneurs with consumer rights in the circumstances indicated in art. 38 of the Act of May 30, 2014, on consumer rights.
- The services are addressed to the HR industry and other entities interested in using the Application in their business.
- Users can use the modules to collect information on, among other things, job positions, job candidates, clients, partners, offers, projects, tasks, documents and settlements.
- The services enable the User, among other things, to manage information collected by the Agency by sending and receiving information from external systems (e.g. SMS, e-mail, etc.), which the Agency will integrate with its Account.
- The Services enable the configuration of modules containing individual data according to the needs of Users within the functionalities provided by the Application.
- The use of the Account in the Application shall be subject to a fee after the 7-day free period referred to in §5.4 of the Rules. In case the Agency does not pay the fee for using the Account, the Administrator shall have the right to delete the Account.
- The fees for using the Account shall be determined on the basis of the price list provided to the Agency by the Administrator before the expiry of the 7-day period of free use of the Account.
- The period for which an Account shall be activated after the 7-day period of free use of the Account shall depend on the amount of the fee paid by the Agency in accordance with the price list referred to in paragraph 2 above.
- Payment is made on the basis of the sent pro-forma invoice, choosing one of the following payment methods:
- electronic payment by bank transfer;
- postal order.
- If the Service is not provided in accordance with the provisions of the Regulations, the User has the right to lodge a complaint.
- Any complaint should be sent to the following e-mail address: email@example.com
- The notification should contain a detailed description of the objections raised, and in particular the following information:
1) the identity of the notifier,
2) User login,
3) the name of the Account(s)
4) the date and time of the problem,
5) the make and model of the device on which the reported problems occur.
- The administrator will review and consider a complaint within 14 days of its receipt at the latest. During the complaint process, the Administrator may request additional explanations, documents or verification of the course of the event subject to the complaint.
- If the complaint is accepted, the Administrator will change the Account in a way that will restore the functionality of the Application.
- Regarding contracts payable periodically – the Administrator will extend the Agency’s access to the Application for the respective period for which the Agency’s access was limited. If the Agency’s complaint is considered justified, the Administrator shall not make any financial compensation to the Agency.
- The Administrator hereby informs about the existence of the ODR platform (online dispute resolution), available at: http://ec.europa.eu/consumers/odr.The ODR platform is an interactive and multilingual website with a one-stop shop for people seeking out-of-court settlement of disputes regarding contractual obligations under a contract for the provision of services.
Responsibility of the User and the Administrator
- The Administrator shall not be liable for the Users’ use of the Application in a manner inconsistent with the provisions of these Rules, in particular, the Administrator shall not be liable for damage caused by the User’s provision of false data and information.
- The Administrator shall not be liable for problems caused by the User’s actions, including improper use of the Application and problems caused by defective or incompatible computer hardware or the Internet Browser used by the User to use the Application, as well as the User’s actions contrary to the Rules or the law.
- The Administrator shall conduct ongoing supervision over the technical functioning of the Application, ensuring its proper operation, while making every effort to ensure constant availability of all functionalities of the Application, as well as their faultless and faultless operation.
- The Administrator shall not be liable for any limitations or technical problems in the ICT systems used by the Users’ mobile devices which prevent or restrict the Users from using the Application.
- The Administrator shall not be liable for any interruptions to the operation of the Application caused by technical reasons beyond the Administrator’s control, in particular the necessity of its maintenance, improper quality of the Internet connection, damage or defect of telecommunication equipment, failure of the telecommunication network or the action of third parties.
- The Administrator shall not be liable for any consequences resulting from the use of the login and password by third parties, which may result in the execution of instructions submitted in the Application by an unauthorised person.
- Regardless of the fact the Terms and Conditions apply only to people who use the Application in connection with their business or professional activity, for the avoidance of doubt, the Administrator indicates that the limitations of the Administrator’s liability indicated in this paragraph do not apply to Entrepreneurs with consumer rights within the meaning of Art. 385  of the Civil Code.
Protection of intellectual property rights
- The Administrator holds full intellectual property rights to the Application and its individual elements, therefore the use of the Application in a manner or for purposes inconsistent with the original purpose or in violation of the Terms and Conditions or the provisions of generally applicable law is prohibited and results in the User’s liability to the Administrator. Duplication of data or information, in particular the use of texts included in the Application (including the T&C), as well as their fragments, photos, graphics, drawings and videos, in cases other than expressly permitted by the Act or the Terms and Conditions, without the express written consent of the Administrator, is strictly prohibited.
- It is particularly important to emphasise that:
- The software (including the source code) in which the operation of the Application and its interface (graphic and functional layer as seen by the User), as well as all graphic, multimedia and creative functional elements of the Application, are subject to copyright protection;
- All elements of the Application, including the ideas and solutions used therein, constitute the Administrator’s expertise and are covered by the Administrator’s corporate secret and as such are protected in a manner provided for by the law;
- It is forbidden to copy, multiply and distribute elements of the Application and the Service, including their use on other websites or otherwise distribute them either in whole or in part.
The Administrator runs an affiliate programme in order to cooperate with other entities, with the objective of acquiring new Users for the Application (hereinafter referred to as the “Affiliate Programme”). The details of the Affiliate Program can be found on the LINK website.
Personal Data Processing
Amendment of the Rules of Procedure
- The Administrator may change or modify the T&C, including for important legal reasons (amendment of generally applicable law or change of the organizational form) or technical reasons (modernization of the Application, changes of the Application functionality).
- The Agency will be informed of the amendment and/or changes to the Terms and Conditions via e-mail to the e-mail address registered with the Account at least 7 (seven) days before the new Regulations enter into force.
- During this time, the Agency should accept the new Terms and Conditions or refuse to accept them by sending an appropriate e-mail to the address: firstname.lastname@example.org.
- Refusing to accept the changes to the Terms and Conditions is tantamount to the immediate termination of the Agreement.
- If the Agency, before the expiry of the deadline specified in section 2 above, does not submit a declaration of termination of the Agreement, it shall be deemed to have accepted the amended Terms and Conditions without reservations upon the expiry of this period.
- In the event that any provision of the Rules of Procedure is found to be invalid or ineffective, the remaining provisions shall remain in full force and effect. Any invalid or ineffective provisions within these Terms and Conditions will be replaced by provisions that are legally valid and fully effective, and the most similar to them.
- Any disputes arising in connection with the use of the Application will be settled by the court having jurisdiction over the Administrator’s seat and shall be subject to Polish law. Any disputes arising in connection with the use of the Application will be settled by the court having jurisdiction over the Administrator’s seat and shall be subject to Polish law. This provision does not apply to a natural person concluding an agreement with the Administrator directly related to its business activity, when the content of this agreement shows that it is not of a professional nature for that person, resulting in particular from the subject of business activity, made available on the basis of provisions on the Central Register and Information on Economic Activity – in the case of such a person, the court’s jurisdiction is considered on general principles.
- The provisions of the Regulations are not intended to exclude or limit any rights of the Agency which is an Entrepreneur with consumer rights, which it is entitled to under the mandatory provisions of law. In the event of non-compliance of the provisions of the Terms and Conditions with the above laws, priority shall be given to the regulations that are more favorable to the Agency being an Entrepreneur with consumer rights.
- The Administrator is not bound by any additional, non-obligatory codes of good practice or other such documents, which does not limit the fact that under the generally applicable provisions of law, the Administrator is obliged not to violate the principles of fair competition and not to adopt and apply unfair market practices.
- The Terms and Conditions are valid from November 22, 2021.