TERMS OF SERVICE BY ELECTRONIC MEANS

§ 1. Definitions

Whenever in the Terms of Service any reference is made to :

  1. Profi Competence – the reference shall apply to Profi Competence Europe Sp. z o.o. with the seat in Sczecin, ul. Średnia 22, 71-812 Szczecin, entered in the Register of Entrepreneurs of the National Court Register maintained by the District Court for Szczecin-Centrum in Szczecin, Commercial Division 13 of the National Court Register under number 0000833219, holding Polish Taxpayer Identification Number (NIP): 8522662767, share capital: PLN 5,000.00;
  2. Service – the reference shall apply to Profi Competence service available at https://www.proficompetence.com;
  3. Working Day – the reference shall apply to any day other than Saturday, Sunday or public holidays in accordance with the catalogue of public holidays set out in the Act of 18 January 1951 on public holidays;
  4. User – the reference shall apply to a natural person registered and having an Account on the Website, who is at least 18 years old, has full legal capacity and is a Consumer ;
  5. Organisational User – the reference shall apply to a natural person running a business, a legal person or an organisational unit to which a legal personality is granted under specific provisions, and an organisational unit without legal personality capable of acquiring rights and incurring obligations in its own name, for which an account has been registered on the Website;
  6. Representative – the reference shall apply to a natural person who is at least 18 years of age and has full legal capacity, and who acts on behalf of the Organizational User, e.g. on the basis of a granted power of attorney , the scope of which includes, specifically, entering into contracts;
  7. Consumer - the reference shall apply to a User who enters into an agreement on the Website to the extent not directly related to his/her commercial or professional activity;
  8. Participant – the reference shall apply to the natural person completing the Competency Test provided by the Organisational User.
  9. Account – the reference shall apply to an individually personalized User administration panel available after registration and logging on the Website, through which a User may place orders or use other services of the Website;
  10. Profi Competence License – the reference shall apply to a service provided by Profi Competence available to Organisational Users which consists in providing access to a specified number of Competency Tests for a predetermined period of time;
  11. Individual Test Package – the reference shall apply to a service provided by Profi Competence and available to Users consisting in the provision of access to a specified number of Competency Tests for a predetermined period of time;
  12. Competence Test – the reference shall apply to data produced and supplied in digital form, not preserved on a physical carrier, which are the subject of a transaction on the Website;
  1. Products – the reference shall apply to Competence Tests, Profi Competence License and Individual Test Packages;
  2. Personal Data – the reference shall apply to information about an identified or identifiable natural person („a person to whom the data relate”). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as name, email address, IP address, location, cookies and telephone number;
  3. RODO (GDPR) – the reference shall apply to Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation);
  4. Terms of Service – the reference shall apply to this document, i.e. the Terms of Service by Electronic Means.

§ 2. Preliminary provisions

  1. These Terms of Service define the rules for using the Website, accepting and processing orders and making Competency Tests available, also terms and conditions as well as forms of payment, the conditions for withdrawing from the agreement and the rules for making and processing complaints..
  2. The User and the Organizational User are obliged to become acquainted with the Terms of Service and to comply with its provisions.
  3. The Terms of Service are an integral part of the agreement for the sale of Competency Tests between the User or Organisational User and Profi Competence.
  4. The owner of the Service and the administrator of personal data is Profi Competence.
  5. Users, Organisational Users and Participants can communicate with Profi Competence via:
    1. surface mail to the address of Profi Competence
    2. contact form available at: https://www.proficompetence.com/contact,
    3. electronic mail sent to: kontakt@proficompetence.com,
    4. by telephone on the telephone number available on the website https://www.proficompetence.com/contact,
  6. The costs of using the means of distance communication referred to in § 5, § 14.3, § 15.3 or § 16.2 shall be borne by the User, the Organiser User or the Participant. Such fees shall be calculated according to the rates of the telecommunications operator whose services are used.
  7. Any actions on behalf of the Organisational User who is not a natural person conducting business activity shall be performed by a duly authorised Representative. By carrying out the activities, the Representative declares that the power of attorney granted to him/her has not expired or has not been revoked.

§ 3. Technical requirements

  1. In order to use the Service, the User, Organisational User or Participant must have a computer or other device with access to the Internet and a web browser, as well as an active e-mail account.
  2. In order to use the Service, the Representative must have a computer or other device with access to the Internet and a web browser.
  3. In order to use the Service:
    1. the computer or other device referred to in paragraphs 1 and 2 shall meet the requirements for using the browser referred to in point (b))
    2. the web browser referred to in paragraphs 1 and 2 must support HTML5, CSS3 and JavaScript as well as meet the following software version requirements:
      1. Chrome at least version 80.0.3987.132,
      2. Firefox at least version 74.0
      3. Safari at least version 13
  4. Use of the Service and the Competency Tests requires access to the Internet.

§ 4. Registration in the Service

  1. In order to purchase the Competence Tests at the Service, the User or Organisational User is obliged to create an Account on the Website in accordance with the provisions of the Terms of Service.
  2. An Account is created by registering on the Website. Registration on the Website is free of charge..
  3. Registration on the Website is possible through:
    1. filling out the registration form available at https://www.proficompetence.com/intermediary-registration,
    2. contact with Profi Competence by e-mail sent to kontakt@proficompetence.com lub telefonicznie pod numerem telefonu  dostępnym na stronie https://www.proficompetence.com/contact
  4. In order to register using the form, it is necessary to select an account profile: User or Organisational User.

§ 5. User registration on the Website

  1. In order to register the User using the form, you must:
    1. provide your e-mail address and password,
    2. accept the Terms of Service,
    3. declare that you have read the Privacy Policy.
  2. Following user registration, an account will be created, through which the user can purchase Competence Tests and use other functionalities available on the website, such as access to the results of Competence Tests or order history. Account activation and the completion of the registration process take place by clicking on the activation link sent to the e-mail address given in the registration form.
  3. The use of all the functionalities referred to in paragraph 2 may require the provision of additional data.
  4. The user may request the deletion of the account at any time. For this purpose, the user should:
    1. use the option [●] available in the Account - deletion of the account is automatic
    2. send your request to kontakt@proficompetence.com
  5. Upon receipt of the message referred to in paragraph 4(b), the Account shall be deleted.
  6. Deletion of the User Account results in the deletion of all data related to it, in particular the results of the Competence Tests.
  7. Deletion of an Account is irreversible.
  8. Setting up and maintaining a User Account is free of charge.

§ 6. Registration of an Organisational User on the Website

  1. In order to register an Organizational User by means of the form, the Representative of the Organizational User is obliged to:
    1. indicate the legal form of the Organisational User
    2. provide the e-mail address and the taxpayer identification number of the Organisational User as well as the password,
    3. indicate the province/ state or region of the Organizational User (corresponding with his/her official seat)
    4. provide first and last name of the Representative, in the case of Organisational Users other than self-employed individuals.
    5. submit a declaration of being authorized (power of attorney) to represent the Organizational User, at least with regard to entering into contracts,
    6. accept the Terms of Service,
    7. make a declaration that they have read the Privacy Policy.
  2. In the case of registration of an Organisational User who is a natural person carrying out business activity, the provisions contained in paragraph 1 shall apply accordingly. In the event that the natural person referred to in the previous sentence acts in person, the provisions of paragraph 1 points d) and e) shall not apply.
  3. As a result of the registration of the Organisational User, an Account shall be created through which the User may:
    1. purchase the Profi Competence License,
    2. purchase Competence Tests
    3. use other functionalities available on the Website, such as access to the results of the Competence Tests or order history.
    Activation of the Account and completion of the registration process takes place by clicking on the activation link sent to the email address provided in the registration form.
  4. The use of all functionalities referred to in paragraph 3 may require the provision of additional data.
  5. The user can request the deletion of the account at any time. For this purpose, the user should:
    1. use the option [●] available in the Account - deletion of the account is automatic
    2. send your request to kontakt@proficompetence.com,
  6. Upon receipt of the message referred to in paragraph 5(b), the Account shall be deleted.
  7. Deletion of an Organisational User Account results in:
    1. deletion of all related data, in particular the results of the Competence Tests;
    2. termination of the personal data processing entrustment agreement concluded with Profi Competence.
  8. Deletion of an Account is irreversible.
  9. Setting up and maintaining an Organisational User Account is free of charge.

§ 7. Security

  1. Subject to § 13.6, the User or the Organisational User is not entitled to allow third parties access to the Website or the Competency Test, in particular for remuneration.
  2. The user is obliged to keep the login and password confidential and to protect them against use by unauthorised third parties.
  3. All persons acting on behalf of the Organizational User are obliged to keep the login and password confidential and protect them against use by unauthorized third parties.
  4. The User or Organisational User undertakes to take all necessary steps to protect the data and software of his/her terminal equipment against unauthorised interference by third parties (in particular by using appropriate passwords and installing and keeping up to date appropriate security software, as well as using a mail server whose software is protected against unauthorised use by unauthorised persons).
  5. Instructions and declarations made by persons using identifiers assigned to the User or the Organizational User are presumed to have been made by the User or the Organizational User respectively.
  6. The presumption referred to in paragraph 5 shall not apply to a Consumer who has exercised due diligence in securing access to his or her identifier or password from third parties, including, in particular, diligence in performing the obligations set out in paragraphs 2 and 4.
  7. The User or Organizational User is obliged to immediately notify Profi Competence about any identified interruptions in the functioning of the Service.
  8. The User or Organisational User undertakes not to engage in any activity using the Service that would violate applicable laws, rules of social coexistence and public order as well as established customs. In particular it is forbidden to:
    1. undertake any action causing disruption to the use of services provided electronically, including the dissemination by the User or Organisational User of unwanted (spam) or harmful (viruses, etc.) messages;
    2. provide any content of an unlawful nature or in an unlawful manner by the User or Organisational User;
    3. infringe the rights of third parties or Profi Competence.

§ 8. Ordering a Competence Test

  1. The User or Organisational User can order a Competence Test after logging in to their Account.
  2. Orders for a Competence Test can be placed 24 hours a day, seven days a week.
  3. The User or Organisational User selects a Test of Competence by clicking on the button „ADD TO CART”.
  4. After selecting the button „CART” the quantity and type of selected Products, their unit price, value and total value of the entire order is shown.
  5. After completing the entire order, the User or a Organisational User confirms the selection (goes to the Summary) by clicking the button „GO TO CHECKOUT”.
  6. At this stage of the Summary, the User or Organisational User can change the contents of the shopping cart, provide personal data necessary for entering into the contract (if not already provided), and also indicate whether they wish to receive a VAT Invoice. Clicking on the button "CONTINUE PAYMENT" brings you to the selection of the method of payment.
  7. By placing an order, the User or Organisational User confirms that they are aware of the fact that the fulfilment of the order entails the obligation to pay for the Products purchased or the obligation to cover the costs of the payment method selected by the User or Organisational User. Confirmation is made by clicking the button „I buy and pay”
  1. The User or Organisational User is not entitled to make the Account available for the purchase of the Competency Test for third parties.
  2. Prices of the Competence Test are available in the description of the Competence Test.
  3. Prices of the Competence Test are given in Polish zlotys and are inclusive of VAT.
  4. The total cost of the order (including the price of the ordered Competence Test increased by any additional fees referred to in section 10) is shown each time before placing the order, in its summary.
  5. The chosen method of documenting the sales transaction, form of payment or legal form of the Organisational User may require additional data, including personal data, which are necessary to complete the order.
  6. Orders for the Competence Test are only to be paid in advance, i.e. before they are made available.
  7. The competency test is made available in the tab „Available tests” immediately after Profi Competence has received the payment.
  8. After placing an order, Profi Competence immediately confirms its receipt and simultaneously accepts the order for execution. Confirmation of receipt of the order and its acceptance for execution takes place by Profi Competence sending the User or Organisational User a message to the e-mail address provided, which contains at least Profi Competence's statements on receipt of the order and its acceptance for execution, and confirmation of the conclusion of the sales agreement. As soon as the above e-mail message is received, the agreement between the User or Organisational User and Profi Competence is concluded.

§ 9. Licence for the Competence Test

  1. Upon conclusion of the Competence Test agreement, Profi Competence grants the User or Organisational User a licence to use the Competence Test, the scope of which is defined in this paragraph.
  2. The licence referred to in section 1 entitles the User or Organisational User to use the Competence Test in accordance with its intended purpose, in particular to complete the Competence Test once and receive the results..
  3. The licence referred to in paragraph 1 is a non-exclusive licence, granted for an indefinite period of time, for a single completion of the Competence Test, in the following fields of exploitation: playback and viewing as well as usage.
  4. In particular, the User or Organisational User may not:
    1. resell, rent, lease with rights to profit, lend, lease or in any other way distribute the Competence Test or documentation,
    2. translate the Competence Test or the documentation,
    3. duplicate the Competence Test or the accompanying materials,
    4. introduce (copy) all or part of the Competence Test or any part or documentation thereof in such a way that it is accessible to the public, in particular via the Internet.

 

§ 10. Ordering an Individual Test Package

  1. The user can place an order for an Individual Test Package after logging in to their account.
  2. An order for an Individual Test Package can be placed 24 hours a day, seven days a week.
  3. The user selects an Individual Test Package by clicking on the „ADD TO CART button”.
  4. After selecting the button „CART” the quantity and type of selected Products, their unit price, value and total value of the entire order is shown.
  5. After completing the entire order, the User confirms the selection (goes to the Summary) by clicking on the button „GO TO CHECKOUT”.
  6. At this stage of the Summary, the User may change the contents of the shopping cart, provide personal data necessary to enter into the contract (if not already provided), and also indicate whether they wish to receive a VAT Invoice. By clicking the button "CONTINUE PAYMENT" you proceed to choose the method of payment.
  7. By placing an order, the User confirms that he/she is aware of the fact that the execution of the order entails an obligation to pay for the Products purchased or to cover the costs of the payment method selected by the User. Confirmation takes place by clicking the button „ PURCHASE AND PAY”
  8. The user is not entitled to make the Account available to third parties for the purchase of the Individual Test Package .
  9. Prices and types of the Individual Test Packages, in particular the number of tests, the duration of the service and the duration of the licence are available in the description of the Individual Test Packages.
  10. The prices of the Individual Test Packages are given in Polish zloty and are inclusive of VAT.
  11. The total cost of the order (including the price of the ordered Individual Test Package increased by any additional fees referred to in section 10) is given every time before the order is placed, in the order summary.
  12. The chosen method of documenting the sales transaction, the form of payment may require additional data, including personal data, which are necessary to complete the order.
  13. Orders for Individual Test Packages are payable only in advance, i.e. before the service is provided.
  14. The Individual Test Package is made available in the tab „Available tests” immediately after Profi Competence has received the payment.
  15. After placing an order, Profi Competence immediately confirms its receipt and simultaneously accepts the order for execution. Confirmation of order receipt and its acceptance for execution takes place by Profi Competence sending the User a message to the e-mail address provided, which contains at least the statements of Profi Competence on receipt of the order and its acceptance for execution, as well as confirmation of the conclusion of the agreement. Z chwilą otrzymania powyższej wiadomości e-mail zostaje zawarta umowa o świadczenie usług między Użytkownikiem a Profi Competence.

§ 11. License for Individual Test Package

  1. Upon conclusion of the agreement on provision of the services of the Individual Test Package, Profi Competence grants the User a licence to use the Competence Test, the scope of which is defined in this paragraph.
  2. The licence referred to in section 1 entitles the User or Organisational User to use the Competency Test in accordance with its intended purpose, in particular to complete the Competence Test multiple times in the quantity resulting from the purchased Individual Test Suite Package and to receive the results.
  3. The licence referred to in section 1 is a non-exclusive licence, granted for a limited period of time as specified in the Individual Test Package, in the following fields of exploitation: playback and display as well as usage.
  4. In particular, the User may not:
    1. resell, rent, lease for profits, lend, lease or in any other way distribute the Individual Test Package or documentation,
    2. translate the Individual Test Package or documentation,
    3. duplicate the Individual Test Package or accompanying materials,
    4. introduce (copy) all or part of the Individual Test Package or any part or documentation thereof in such a way that it is accessible to the public, in particular through the Internet.
  5. The User loses access to the unused Competence Tests included in the Individual Test Package upon termination of the service.

§ 12. Ordering Profi Competence License

  1. The Organizational User can place an order for a Profi Competence License after logging in to the Account.
  2. Profi Competence License orders can be placed 24 hours a day, seven days a week.
  3. The Organizational User selects the Profi Competence License by clicking on the „ADD TO CART button”.
  4. After selecting the button „CART” the quantity and type of selected Products, their unit price, value and total value of the entire order is shown.
  5. After completing the entire order, the Organisational User confirms the selection (goes to the Summary) by clicking on the button „GO TO CHECKOUT”.
  6. At this stage of the Summary, the Organisational User can change the contents of the shopping cart, enter the personal data necessary to conclude the contract (if they have not been entered previously), and also indicate whether they wish to receive a VAT Invoice. By clicking the button "CONTINUE PAYMENT" you proceed to choose the method of payment.
  7. By placing an order, the Organisational User confirms that they are aware of the fact that the execution of the order entails the obligation to pay for the acquired Profi Competence License or the obligation to cover the costs of the payment method selected by the Organisational User. Confirmation takes place by clicking the button „ PURCHASE AND PAY”.
  8. The Organizational User is not entitled to make the Account available to third parties for the purpose of acquiring the Profi Competence License .
  9. Prices and types of Profi Competence License, in particular the number of tests, the duration of the service and the duration of the license are available in the Profi Competence License description.
  10. Prices of Profi Competence License are given in Polish zloty and are inclusive of VAT.
  11. The total cost of the order (including the price of the ordered Profi Competence License increased by additional fees, if any, referred to in section 10) is given every time before placing the order, in its summary.
  12. The chosen method of documenting the sales transaction, form of payment or legal form of the Organisational User may require additional data, including personal data, which are necessary to complete the order.
  13. Orders for the Profi Competence License are only payable in advance, i.e. at the start of the service.
  14. Competence tests acquired under the Profi Competence License are made available under the „Available tests” tab immediately after:
    1. receipt of payment by Profi Competence and
    2. conclusion of a personal data processing entrustment agreement with Profi Competence.
  15. After placing an order, Profi Competence immediately confirms its receipt and simultaneously accepts the order for execution. Confirmation of order receipt and its acceptance for execution takes place by Profi Competence sending the User a message to the e-mail address provided, which contains at least Profi Competence's statements on order receipt and its acceptance for execution, as well as confirmation of the conclusion of the sales agreement. As soon as the above e-mail message is received, a service agreement is concluded between the Organising User and Profi Competence.

§ 13. Licence for the Profi Competence Test being part of the Profi Competence License

  1. Upon conclusion of the Profi Competence License service agreement and conclusion of the personal data processing entrustment agreement, Profi Competence grants the Organisational User a licence to use the Competence Test included in the Profi Competence License, the scope of which is defined in this paragraph.
  2. The licence referred to in section 1 entitles the Organisational User to use the Profi Competence License in accordance with its intended purpose, in particular to make the Competence Test available to third parties for completion.
  3. The licence referred to in paragraph 1 is a non-exclusive licence, granted for a specified period of time, indicated in the order content, unless the provisions of the agreement individually agreed between Profi Competence and the Organisational User provide for a licence for a different period of time or for an unspecified period of time.
  4. The licence referred to in paragraph 1 is a licence to complete the Competence Test included in the Profi Competence License in the quantity indicated in the Profi Competence License description, for the Profi Competence License selected by the Organisational User, in the following fields of exploitation: playback and display as well as usage.
  5. The Organisational User may not:
    1. translate the Profi Competence License Competence Test or documentation,
    2. duplicate the Competence Test included in the Profi Competence License or the materials provided,
    3. introduce (copy) all or part of the Competence Test included in the Profi Competence License or any part of it or its documentation in such a way that it is made publicly available, in particular via the Internet
  6. The Organizational User is authorized to make a Competence Test included in the Profi Competence License available exclusively by assigning a specific test to the Participant via the button „Add test”.
  7. The Organisational User loses access to the unused Competence Tests included in the Profi Competence License upon termination of the service, subject to the provisions of § 14.

§ 14. Renewal of Profi Competence License

  1. As of the last day of the Profi Competence License validity period, the service is renewed for the next billing period taking into account the type of Profi Competence License selected by the Organizational User.
  2. The Profi Competence License is renewed at the prices applicable on the date of renewal of the Profi Competence License..
  3. The Organizational User may opt out of the automatic renewal of the Profi Competence License at any time using the contact form available at the following web address: https://www.proficompetence.com/contact
  4. The Organizational User is obliged to pay the sales price of the renewed Profi Competence License within 14 days from the renewal date.
  5. If there are unused Competence Tests in the Profi Competence License which has been terminated, they will increase the pool of Competence Tests to be used in the renewed Profi Competence License..
  6. Profi Competence is not liable for the consequences of non-renewal of the Profi Competence License service by the Organizational User.

 

§ 15. Complaints

  1. Profi Competence undertakes to provide the User with Products without any defects.
  2. The User or Organisational User may lodge a complaint if the Product has defects or if the Product does not comply with the specification contained in the Product description;
  3. In order to process a complaint concerning a Product, the User or the Organisational User will lodge a complaint in the manner of their choice:
    1. in writing, to the address of Profi Competence
    2. using the form available at the Internet address: https://www.proficompetence.com/contact,
    3. in the form of an e-mail sent to kontakt@proficompetence.com
  4. When lodging a complaint, you may use the complaint form attached as Schedule 1 to the Regulations.
  5. When lodging a complaint, the User or Organisational User should provide at least:
    1. first and last name of the User or the name of the Organising User,
    2. first and last name of the Representative in the case of an Organisational User,
    3. identification of the Product to which the complaint relates
    4. description of the defect,
    5. date when the defect was discovered,
    6. an indication of what is required to resolve the issue.
  6. If the Product has a defect or is not compliant with the specification included in the Product description, the User is entitled to make a request for price reduction or withdraw from the agreement, unless Profi Competence immediately replaces the Product with a defect-free one or removes the defect without excessive inconvenience for the User. Moreover, if the Product has a defect, the User can demand replacing the Product with a defect-free one or removing the defect..
  7. If the User is a Consumer, he/she may, instead of the defect rectification proposed by Profi Competence, demand the Product to be replaced with a defect-free one or, instead of replacing the Product, demand the defect to be rectified, unless bringing the Product into conformity with the agreement in the way chosen by the Consumer is impossible or would require excessive costs in comparison with the solution proposed by Profi Competence.
  8. If the Consumer makes any of the statements referred to in paragraph 7 and Profi Competence fails to respond to the statement within 30 days of receipt, Profi Competence is deemed to have acknowledged the Consumer's complaint.
  9. Profi Competence does not give any warranty for the Products.
  10. The above provision does not exclude, limit or suspend the Consumer's rights under the Consumer Rights Act of 30 May 2014 and the Civil Code Act of 23 March 1964.
  11. In case the agreement with the Organizational User is concluded on the basis of Article 558 § 1 of the Civil Code, the parties exclude the liability of Profi Competence under the warranty for physical and legal defects of things, in particular they agree that Profi Competence does not bear any liability also for hidden defects.

§ 16. Termination and withdrawal from the contract

  1. Subject to paragraph 7 below, the Consumer is entitled to withdraw from the contract for the purchase of the Competence Test without giving any reason.
  2. Withdrawal from the contract shall take place by submitting an appropriate declaration, within 14 days from the day on which the Consumer came into possession of the Competence Test. In order to submit the declaration of withdrawal, the Consumer can make a declaration of withdrawal from the contract in the following manner:
    1. in writing, to the address of Profi Competence
    2. using the form available at the web address: https://www.proficompetence.com/contact,
    3. in the form of an e-mail sent to kontakt@proficompetence.com,
  3. When making a declaration of withdrawal, you may use the withdrawal form attached as Schedule 2 to the Terms of Service.
  4. Profi Comptence shall immediately acknowledge receipt of the statement of withdrawal from the Consumer.
  5. No later than within 14 days of receipt of the Consumer's statement of withdrawal from the agreement, Profi Competence shall return to the Consumer the payments made by the Consumer, except for the additional costs resulting from the delivery method chosen by the Consumer other than the cheapest ordinary delivery method offered by Profi Competence. The Consumer shall only bear the direct costs of returning the Competence Test.
  6. The payment shall be reimbursed by the same means of payment as the Consumer used to purchase the Competency Test, unless the Consumer has agreed to another way of reimbursement which does not involve any costs to him.
  7. In connection with the content of Article 38 (13) of the Act of 30 May 2014 on consumer rights, the Consumer is not entitled to withdraw from the agreement on the supply of digital content (Competence Test), which is not recorded on a material medium, if the provision of services began with the express consent of the Consumer before the expiry of the deadline for withdrawal from the agreement and after Profi Competence has informed him about the loss of the right to withdraw from the agreement.
  8. At any time, the User or Organisational User has the right to terminate the agreement for using the Service by deleting their account in the manner specified in § 6.5 of the Terms of Service.
  9. Deleting your account permanently removes the results of your Competence Tests.
  10. At any time, in particular before deleting the account, the User or Organisational User may download a copy of their data.

§ 17. Alternative dispute resolution (ADR)

  1. A consumer whose complaint has been rejected may apply to the municipal or district Consumer Ombudsman.
  2. If Profi Competence has not acknowledged the Consumer's complaint and the Consumer does not agree with its decision - he/she may bring the case to court, but also apply for mediation or settlement to an arbitration court, i.e. make use of alternative dispute resolution methods (ADR).
  3. If a consumer wants to resolve a dispute without the involvement of a court, they should use mediation or arbitration. For this purpose, an appropriate form should be delivered to the institution before which the proceedings will take place - an application for mediation or an application for consideration of the matter before an amicable court (in some institutions the form has different names, e.g. application for an amicable court).
  4. The ADR procedure may only be initiated once the complaint procedure has been completed.
  5. Settlement of a dispute in the ADR mode requires the consent of both parties (the Consumer and Profi Competence) to the given manner of dispute resolution.
  6. More information about alternative dispute resolution can be found on the website of the Office of Competition and Consumer Protection.

§ 18. Personal Data

  1. The Administrator of the Personal Data of visitors to the Service, Users and Representatives is Profi Competence Europe Sp. z o.o. with its registered seat in Szczecin, ul. Średnia 22, 71-812 Szczecin.
  2. Profi Competence collects and processes Personal Data for the purpose of concluding and performing the Agreement, for the purpose of maintaining the Account, as well as for the purpose of fulfilling legal obligations incumbent on Profi Competence. To the extent that Profi Competence decides on the purposes and means of processing personal data, it is the administrator of such Personal Data. The processing of personal data of a User, an Organisational User who is a natural person running a business activity, a Representative or a Participant is carried out in accordance with the provisions of GDPR, taking into account the provisions of the Act on Provision of Electronic Services and other generally applicable legal regulations.
  3. Within the scope of the licence granted, the Organisational User is entitled to make the Profi Competence Tests available to third parties. In this case, Profi Competence is not the administrator of the personal data. The purposes and methods of processing personal data are decided by the Organisational User.
  4. In the situation referred to in section 3 sentence 1, the Organisational User is obliged to conclude an agreement on entrusting personal data processing before making the Profi Competence License Competence Tests available to third parties.
  5. For more information on the processing of Personal Data, in particular on:
    1. administrator of personal data
    2. the nature, purposes and legal basis of the processing of personal data
    3. the duration of processing of personal data
    4. the data recipients
    5. transfer of data to third countries
    6. the rights of the person concerned
    7. the obligation or optionality to provide the data can be found in the Privacy Policy available at https://www.proficompetence.com/legal-information.

§ 19. Final provisions

  1. These Terms of Service may be amended for important reasons, in particular such as changing the scope of business activity or commercial offer, the need to adapt the provisions of the Terms of Service to the provisions of the applicable law, the need to ensure the proper functioning of the Service, the need to ensure the safety of persons using the Service, the need to introduce new or amend the existing principles of Service operation.
  2. Should it be necessary to amend the Rules, Profi Competence shall inform the Users and Organisational Users of the type and nature of the changes by sending them electronically, to the e-mail addresses assigned to the Account and after logging on to the Account, a summary of the changes and the amended version of the Rules no later than 14 days before the planned changes are introduced.
  3. Should the User or Organisational User refuse to accept the amended version of the rules, within 14 days of receiving the message referred to in item 2, the User or Organisational User will not be able to use the services provided by Profi Competence via the Website. The User or Organisational User will still have access to the Account, order history and results of the Competence Tests solved..
  4. In matters not regulated by the Terms of Service and Policies, the provisions of generally applicable law shall apply, including the provisions of the Civil Code and the Act of 4 February 1994 on Copyright and Related Rights, and in the case of Consumers, additionally the provisions of the Act of 30 May 2014 on Consumer Rights.
  5. Terms of Service are effective from 01.09.2020.

 

Schedules

# Information link
1 Schedule nr 1 – Complaint form Download
2 Schedule 2 - Withdrawal form Download