Terms and Conditions of Provision of the User Account Service
by Electronic Means
– Web Portal www.startup.pfr.pl

§ 1. General Provisions

1. These “Terms and Conditions of Provision of the User Account Service by Electronic Means – Web Portal www.startup.pfr.pl ” (the “ T&C ”) define the principles of provision by Polski Fundusz Rozwoju S.A. with its registered office in Warsaw, ul. Krucza 50, 00-025 Warszawa, entered into the Register of Entrepreneurs of the National Court Register maintained by the District Court for the capital city of Warsaw in Warsaw, 12 ^th Commercial Division of the National Court Register under the KRS number 0000466256, REGON (Business Statistical Number) 146615458, NIP (Tax Identification Number): 7010374912, share capital of PLN 2,453,326,553.00, paid in full, e-mail address: [email protected] (hereinafter referred to as “ PFR ” or the “ Company ”), of the service consisting in enabling users of the web portal www.startup.pfr.pl to create the user account (the “Account” ) and use all its functionalities (the “Service” ).

2. These T&C constitute terms and conditions within the meaning of Article 8(1)(1) of the Act on Provision of Services by Electronic Means of 18 July 2002 (consolidated text, Journal of Laws of 2017, item 1219) and define the principles and conditions of provision of the Service by PFR and the principles and conditions of use of the Account by users of the web portal www.startup.pfr.pl (the “ User ”).

3. In the course of using the Account, the User is obliged to comply with the provisions of the T&C.

§ 2. Services Covered by the T&C

1. The Account and its functionalities allow the Users to directly apply to programmes organised or co-organised by PFR or PFR’s partners, and also to personalise selected contents displayed as part of the Account.

2. As part of the Service PFR makes available the following functionalities:

1. registration and logging in to the Account;

2. adding selected programmes to the category “Observe”;

3. applying to selected programmes, managing sent applications and the application history;

4. notices of the time limits for applying to programmes marked by the User as observed;

5. notices of changes or updates connected with the observed programme and success stories connected with a given initiative.

3. PFR provides the Service free of charge.

4. The Service is provided for an indefinite period until the User resigns from the Service or PFR ceases to provide the Service, which may be done at any time. The User will be informed if PFR ceases to provide the Service.

5. PFR bears no liability for any irregularities in the functioning of the Account and the web portal www.startup.pfr.pl caused by force majeure, any failure caused through the User’s fault or any irregularities in the User’s system or hardware, the quality of the User’s connection with the Internet, device failures of the User's Internet providers or any other reason caused by third parties for which PFR bears no liability.

6. For the purpose of performing repair or maintenance works aimed at assurance or restoration of security and stability of the Account and the web portal www.startup.pfr.pl or works aimed at improvement of the existing Account functionalities or adding any new functionalities, PFR may suspend or limit the provision of the Service on a temporary basis. The User shall be informed in advance about any service breaks and their duration by means of a message on the main page of the web portal www.startup.pfr.pl.

7. PFR bears no liability for the use of the Account and the web portal www.startup.pfr.pl by the User in the manner conflicting with the provisions of the T&C or applicable legal provisions.

§ 3. Ordering the User Account Service

1. Prior to ordering the Service in the manner indicated in Section 2 of this Article, the User is obliged to become familiar with the content of these T&C.

2. Ordering of the Service and creation of the Account are effected by the following registration activities performed by the User on the website www.startup.pfr.pl:

1. entering the User’s correct data into the form placed on the website www.startup.pfr.pl,

2. sending the completed form by means of the “create account” button,

3. confirming the registration of the Account by activating the link contained in the automatic e-mail sent by PFR to the User’s e-mail address.

3. Upon confirming the registration set out in Section 2 letter c) of this Article, the User’s data will be used for the purpose of performance of the Service by PFR.

4. The User may, at any time, resign from the Service without giving a reason by means of the deactivating button “Delete account” in the menu of the User panel.

5. PFR will cease to provide the Service to the User immediately after receiving the User's resignation.

6. As part of ordering the Service and in further contacts of the User with PFR, the User may not disseminate illegal contents or unlawfully affect the proper functioning of the Account and the web portal www.startup.pfr.pl.

§ 4. Technical Requirements

A condition for using the Service being the subject of these T&C is the User’s possession of:

1. a computer or another multimedia device having access to the Internet,

2. a browser,

3. an active e-mail account,

4. the activated service of “cookies” and JavaScript.

§ 5. Personal Data Protection

1. The controller of the personal data provided by the User as part of the registration of the Account, in the course of using its functionalities, including in the course of applying to selected programmes, and data indicated in the complaint is Polski Fundusz Rozwoju S.A. with its registered office in Warsaw, ul. Krucza 50, 00-025 Warszawa , entered into the Register of Entrepreneurs of the National Court Register maintained by the District Court for the capital city of Warsaw in Warsaw, 12 ^th Commercial Division of the National Court Register under the KRS number 0000466256, REGON (Business Statistical Number) 146615458, NIP (Tax Identification Number): 7010374912, share capital of PLN 2,453,326,553.00, paid in full.

2. In any matters related to the processing of personal data and exercise of rights connected therewith, you may contact the Controller by e-mail to [email protected] or in writing to the address of the Controller’s registered office indicated in Section 1 above.

3. PFR will process personal data for the purpose of:

   1. performance of the Service,

   2. consideration of filed complaints,

   3. handling the User’s claims against PFR,

   4. profiling demographic data,

in compliance with 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) (O. J. EU L 119 of 4 May 2016), the “ GDPR ”).

4. The legal basis for processing the User’s personal data for the purpose of

   1. performance of the Service is the User’s consent to data processing;

   2. consideration of filed complaints and handling the User’s claims against PFR is the necessity of processing to fulfil a legal obligation imposed on the Controller;

   3. profiling demographic data is the Controller’s legitimate interest, being adaptation of the provided information to the User’s needs and interests.

5. Personal data will only be made available to entities provided for in the legal provisions and to entities engaged in performance of particular projects announced at www.startup.pfr.pl, subject to the second and third sentences below. Furthermore, data may also be provided to processors processing personal data at the Controller's order, provided that such processors process data under an agreement with the Controller and only in compliance with the Controller’s instructions. The User acknowledges that applying to some programmes by means of the Account may require making the User’s personal data available to another entity.

6. Personal data will not be transferred to recipients in the countries beyond the European Economic Area.

7. In connection with the processing of personal data, the User will have the following rights:

1. the right of access to personal data and the right to request their rectification, the right to object to their processing, the right to their erasure or restriction of their processing;

2. the right to withdraw consent; withdrawing consent does not affect the lawfulness of the processing based on consent before its withdrawal;

3. the right to personal data portability, i.e. to receiving personal data from the Controller in a structured, commonly used and machine-readable format (if applicable) in order to potentially provide such data to another controller;

4. the right to file a complaint with a supervisory authority dealing with the protection of personal data if the processing of the User’s personal data violates the provisions of the GDPR.

8. In order to exercise above rights you should contact the Controller. Contact data are indicated in Sections 1 and 2 above.

9. Provision of personal data by the User is voluntary. Nevertheless, it is necessary for performance of the Service by PFR, consideration of complaints and handling of the User’s claims against PFR.

10. Withdrawal of the consent to the processing by PFR of the User’s personal data is equivalent to resignation from the Service.

11. The User’s personal data will be processed for the purpose of:

1. provision of the Service and profiling demographic data until the User resigns from the Service or PFR ceases to provide the Service;

2. considering the User’s complaints for the period of provision of the Service and for the period of 12 months of the date on which the User resigns from the Service or PFR ceases to provide the Service;

3. handling the User’s claims against PFR, until limitation of such claims.

12. In connection with the processing of personal data, decisions related to the User will be made by automated means.

§ 6. Complaints Procedure

1. Complaints related to both technical aspects of the functioning of the Service and other issues connected with the Service may be sent by e-mail to [email protected] or by post to the following address: Polski Fundusz Rozwoju S.A., ul. Krucza 50, 00-025 Warszawa.

2. The complaint should contain, in particular:

1. a description of the problem being the basis for filing the complaint and the date and hour of its occurrence;

2. the e-mail address provided during the registration of the Account;

3. the e-mail address or postal address to which a reply to the complaint is to be sent.

3. The complaint will be considered and the information on its acceptance or rejection will be given without undue delay, but within not more than 30 days of receipt of the complaint.

4. The User will be informed about acceptance or rejection of the complaint:

1. in writing by post delivered to the correspondence address indicated by the User, or

2. by e-mail in the event of a complaint sent by electronic means, unless another way of providing information on consideration of the complaint has been indicated by the User.

§ 7. Intellectual Property Rights

1. The Account and the web portal www.startup.pfr.pl contain elements protected under the intellectual property law. Any rights to the contents placed as part of the Account and contained on the web portal www.startup.pfr.pl, including graphic elements thereof, are held by PFR or third parties that have given consent to the dissemination of such contents by PFR.

2. The User is entitled to use the contents contained in the Account and on the web portal www.startup.pfr.pl only subject to the terms and conditions stipulated in these T&C and only for the purpose of personal use.

3. Any activities covering elements protected under the intellectual property law, contained in the Account and on the web portal www.startup.pfr.pl, such as (inter alia) copying, making amendments, public replaying or other dissemination, may not be done without PFR’s prior written consent.

4. The contents placed in the Account and on the web portal www.startup.pfr.pl are subject to legal protection in compliance with generally applicable legal provisions, including in particular the Polish Civil Code of 23 April 1964 (consolidated text, Journal of Laws of 2018, item 1025) and the Copyright and Related Rights Act of 4 February 1994 (consolidated text, Journal of Laws of 2018, item 1191).

§ 8. Final Provisions

1. The T&C take effect from the date of their publication on the web portal www.startup.pfr.pl.

2. These T&C are published and available to be downloaded in PDF format at www.startup.pfr.pl.

3. These T&C may be amended from time to time in the event of:

1. any amendment of applicable legal provisions which may affect the content of the T&C or the manner or scope of the provided Service;

2. any change of the scope of the Service;

3. any change related to technical requirements;

4. other important reasons.

PFR will notify the User of each amendment of the T&C by e-mail. The amended T&C apply to the User if the User does not resign from the Service in the manner indicated in § 3 Section 4 of the T&C within 14 days of the date of receipt of the new content of the T&C, counted from the date following the expiry of the above time limits.