_Regulation for the provision of electronic services

§1 Introduction

1. These regulations (hereinafter referred to as the “Regulations”), available at https://ttpsc.com fulfilling the obligation resulting from Article 8, section 1, point 1 of the Act of 18 July 2002 on the provision of electronic services, defines the rules for the provision of the Contact Form Service and the Newsletter Service by Transition Technologies PSC Spółka Akcyjna with its registered office in Łódź by electronic means, activation and deactivation of the Service and the complaint procedure against persons using the Services.
2. Terms used in these Terms and Conditions shall mean:
   1. Individual Consultation – an online meeting of up to 30 minutes between a representative of the Service Provider and the User, organised as part of the provision of the Individual Consultation Service, with the aim of the Service Provider’s representative providing basic information on the operation of the Energy Advisor for Industry tool.
   2. Website – a website managed and maintained by the Service Provider at https://ttpsc.com,
   3. Services – services provided free of charge electronically by the Service Provider via the Website using the ICT system consisting in enabling Users to use the Contact Form and the Newsletter in accordance with these Regulations;
   4. Service Provider – Transition Technologies PSC Spółka Akcyjna with its registered office in Łódź, at 276 Piotrkowska St., 90-361 Łódź, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court for Łódź – Śródmieście in Łódź, XX Commercial Division of the National Court Register under number: 0000930989, Statistical ID Number: 365249538, Tax ID Number: 7292712388, share capital in the amount of PLN 1,468,800.00, paid in full;
   5. User – means an adult natural person using the services provided electronically by the Service Provider, available on the Website;
   6. Act – means the Act of 18 July 2002 on the provision of electronic services;
   7. Contact Form or Contact Form Service – means a service consisting in providing Users with a form to contact the Service Provider free of charge in order to obtain information from the Service Provider, in particular about the offer, availability and scope of services provided by the Service Provider;
   8. Newsletter or Newsletter Service – means free, periodic sending electronic messages with information about the activities, services and products offered by the Service Provider to Users, after their prior consent, to the email addresses indicated by them;
   9. Podcast – audio content constituting an individual voice/sound publication. A podcast may consist of one or several episodes (series).
   10. Provision of electronic services – performance of a service provided without the simultaneous presence of the parties (at a distance), through the transfer of data at the individual request of the customer, sent and received by means of devices for electronic processing, including digital compression, and data storage, which is entirely transmitted, received or transmitted via the telecommunications network;
   11. Telecommunications network – transmission systems and switching or routing devices, as well as other resources, including inactive network elements, which enable the broadcasting, reception or transmission of signals by wires, radio waves, optical waves or other means using electromagnetic energy, regardless of their type.
   12. Podcast Service – means a service which consists of making available to Users, free of charge, the possibility of listening to Podcasts thematically related to the Service Provider’s offerings and digital technologies for industry or business
3. These Regulations specify:
   1. rules for the use of services provided by electronic means and available on the Website, including in particular the rights and obligations of the Service Provider and the User;
   2. the scope and type of Services provided online on the Website.
4. The Service Provider provides Services electronically in accordance with the provisions of these Regulations and the Act.
5. The Service Provider makes the Regulations available to Users free of charge before concluding the contract for the provision of Services by electronic means and provides the User with full access to the content of the Regulations.
6. The User is obliged to read policies and these Regulation before using the Services. Using the Services is tantamount to accepting the provisions of the Regulations.
7. By using the Services, the User declares that:
   1. the data provided are consistent with the facts and do not violate any rights of third parties,
   2. they are of legal age and entitled to conclude a contract for the provision of Services, undertakes not to provide illegal content (including in particular, but not exclusively, content violating the personal rights of third parties, content inciting racial, ethnic or religious hatred, content violating generally accepted social norms, untrue, slanderous, obscene content), as well as not to provide data of other people without their consent.
   3. undertakes not to provide illegal content (including in particular, but not exclusively, content violating the personal rights of third parties, content inciting racial, ethnic or religious hatred, content violating generally accepted social norms, untrue, slanderous, obscene content), as well as not to provide data of other people without their consent.

§ 2 Scope of services provided

1. Through the Website, the Service Provider provides the Services described in the Terms and Conditions.
2. The content made available on the Website is the sole property of the Service Provider. The graphic elements and content of the Newsletter Service and Podcast Service are subject to copyright or other rights vested in the Service Provider or third parties and are protected by law. Any copying, modification, distribution and use of them in a manner contrary to their purpose and/or without the consent of the Service Provider is prohibited.
3. The Service Provider shall grant the User a gratuitous, non-exclusive and territorially unlimited license for the duration of the Newsletter Service allowing the use of works contained in the Newsletter to the extent of recording the work by saving it in the memory of the device.

§ 3 Terms and conditions of service

1. The use of the Services available on the Website under these Regulations requires:
   1. access to a device that allows the User to use the Internet,
   2. having an electronic address (email),
   3. using a web browser that can display websites with cookies enabled,
   4. the use of a device (e.g. computer) equipped with sound generating capability (speaker, headphones, etc.) when using the Podcast Service.
2. The Service Provider reserves that the Services provided under these Terms and Conditions, with the exception of the Job Candidate Service, are not aimed at Consumers.
3. The Service Provider reserves the right to:
   1. refuse or cease to provide Services if the User violates these Regulations or the provisions of generally applicable law by the User, or if the User takes actions that interfere with the uninterrupted use of the Services on the Website by other Users,
   2. refusal to provide the Services if the User has provided incorrect or false data necessary for the provision of the Services,
   3. temporarily or permanently cease the provision of the Services, due to maintenance activities or activities related to the modification of the Website,
4. Users who use the Services through the Website are obliged to:
   1. refrain from sending offensive content, content contrary to the law, violating the personal rights of third parties, as well as copyrights and images of third parties,
   2. use the Services in a manner compliant with the law, decency, without violating the personal rights of the Service Provider,
   3. refrain from using the Services to publish advertisements and information of a commercial nature, including in particular by sending unsolicited commercial information, take any action that may hinder or disrupt the functioning of the Website.
5. In connection with the User’s use of the Website, the Service Provider collects data to the extent necessary to provide the Services. Full information on the processing of personal data is provided in the section “Privacy and data protection” were there are tabs”Policies and Regulations” ( https://ttpsc.com/en/policies/ ) and “GDPR clauses” ( https://ttpsc.com/en/gdpr/ ).
6. The Service Provider informs that the use of services provided electronically may involve risk. Possible risks associated with the use of these services and technical measures available to Users to minimize them are described in the Information on special risks associated with the use of services provided electronically, which constitutes Attachment 1 to these Regulations.
7. Information about the function and purpose of software or data that are not a component of the content of the Services, entered into the ICT system used by the User (cookies), is contained in the Cookies Policy at https://ttpsc.com/en/cookies-policy/.

§ 4 Contact Form

1. The contract for provision of the Contact Form Service is concluded for a definite period of time and terminates upon sending a reply to the User’s enquiry which was made and sent via the Contact Form on the Website.
2. The conclusion of the contract for the provision of the Contact Form Service occurs when the User activates the “Send” button, having first correctly filled in the fields of the Contact Form, i.e. by:
   1. providing the personal data required by the Contact Form in question, in particular: first name, surname, e-mail address, contact telephone, company name, country, business position,
   2. entering the content of the query,
   3. checking the selection button to acknowledge having read and accepted the Regulations and read the GDPR information clause.
3. Completion of the activities indicated in section 3 above by the User is tantamount to:
   1. the User’s consent to the electronic provision of the Contact Form Service,
   2. acknowledgement of the principles of personal data processing contained in the GDPR information clause and their acceptance,
   3. acknowledgement of having read and accepted the Regulations.
4. The User has the right to resign from the Contact Form Service before receiving a reply to a submitted enquiry.
5. The cancellation of the Contact Form Service, as referred to in paragraph 4 above, involves sending a cancellation statement for the Contact Form Service to the Operator at the following email address: contact@ttpsc.com, using the electronic address (email) that was provided in the Contact Form.
6. The Service Provider reserves the right to discontinue the provision of the Contact Form Service at any time.
7. In the case referred to in section 7 above, the Service Provider is absolutely obliged to delete all personal data of Users collected in order to provide the above Service.

§ 5 Newsletter

1. The provision of the Newsletter Service consists in free, cyclical sending information about activities, services and products offered by the Service Provider to the User via email to the email address provided by the User and after prior consent to use this Service.
2. The Newsletter Service is provided for an indefinite period, subject to section 6.
3. The Newsletter contains information, promotional or advertising content of the Service Provider. Graphic elements and content of the Newsletter Service are subject to author’s economic rights or other rights vested in the Service Provider or third parties and are subject to legal protection. Any copying, modification and use of them in a manner inconsistent with the purpose and/or without the consent of the Service Provider may constitute a violation of the law.
4. Subscribing to the Newsletter and agreeing to receive it is tantamount to concluding a contract for the provision of the Newsletter Service. In order to activate the Newsletter Service, you should:
   1. have an active email address,
   2. use a device with access to the Internet with an installed and properly configured, up-to-date version of the web browser,
   3. place an order by providing your email address in the electronic form available on the Website,
   4. accept the Regulations by checking the checkbox box next to the message “I accept the regulations of the Newsletter Service”,
   5. activate the Sign up button.
5. Activation of the Newsletter Service is tantamount to:
   1. the User’s consent to the electronic provision of the Newsletter Service by the Service Provider,
   2. acknowledgement of the principles of personal data processing contained in the GDPR information clause and their acceptance,
   3. acknowledgement of having read and accepted the Regulations.
6. The User may at any time deactivate the Newsletter Service, which is tantamount to immediate termination of the contract for the provision of the Newsletter Service.
7. In order to deactivate the Newsletter Service, click the Unsubscribe link in the footer of the Newsletter.

§ 6 Podcast Service

1. The provision of the Podcast Service shall be based on the free-of-charge provision of the possibility for the User to listen to podcasts thematically related to the Service Provider’s offer and digital technologies for industry or business.
2. The Service shall be provided after the User has subscribed via the form under the link for an indefinite period of time.
3. Subscribing to the Podcast Service constitutes the conclusion of a contract for the provision of the Service.
4. In order to subscribe to the Podcast Service, you must:
   1. have an active Service e – mail address,
   2. to use a web-enabled device with an installed and correctly configured up-to-date version of a web browser,
   3. fill in the electronic form available on the Website,
   4. accept the Terms and Conditions by checking the box next to the message: “I have read the Privacy Policy and the Regulations for the provision of electronic services and the information clause and I accept their content “,
   5. activate the “Send” button
5. Activation of the Service is tantamount to:
   1. the User’s acceptance of the electronic provision of the Podcast Service by the Service Provider;
   2. Reading and accepting the rules for the processing of personal data contained in the RODO information clause,
   3. familiarization with and acceptance of the Terms and Conditions,
   4. acceptance of the Terms of Use of the SoundCloud Platform – available at the following link: https://soundcloud.com/terms-of-use
6. The Service Provider declares that it provides the Podcast Service via the SoundCloud Platform, and the User undertakes to comply with the terms of use of the SoundCloud Platform referred to in paragraph 5(d) above and is aware that the SoundCloud Platform may collect his/her personal data independently of the Service Provider.
7. Podcasts will be made available to the User by sending a link to the Podcast, placed on the SoundCloud Platform, to the User’s email address indicated in the form referred to in paragraph 2 above.
8. The User shall not be entitled to send or otherwise make available the link to third parties, download, save, record, or modify the podcasts.
9. Podcasts are subject to copyright or other rights vested in the Service Provider or third parties and are protected by law. Any copying, modification or use of them in a manner contrary to their purpose and/or without the consent of the Service Provider may constitute an infringement of the law.
10. The User may resign from the Podcast Service at any time, which shall constitute an immediate termination of the Service Agreement.
11. For the cancellation of the Podcast Service, an email must be sent to: contact@ttpsc.pl with a statement of the cancellation of the Podcast Service.

§ 7 Individual Consultation Service

1. The Service Provider offers the User the opportunity to schedule an Individual Consultation using the Calendly application.
2. Scheduling an Individual Consultation is equivalent to entering into an agreement for the provision of services by electronic means, with the service being the provision of Individual Consultations by the Service Provider.
3. Scheduling an Individual Consultation implies:
   1. the User’s consent to the provision of electronic services;
   2. familiarization with and acceptance of the principles of personal data processing as outlined in the GDPR information clause,
   3. reading and accepting the Terms and Conditions,
   4. familiarity with the terms and conditions of the Calendly application available at the link: https://calendly.com/terms and the rules governing the processing of personal data by Calendly available at the following link: https://calendly.com/privacy.
4. The Service Provider offers the Individual Consultation Service through the Microsoft Teams application.
5. A User who schedules an Individual Consultation will receive an invitation to an online meeting in the Microsoft Teams application at the email address provided by him/her in the Calendly application.
6. The User is not required to have or create an account in the Microsoft Teams application in order to use the Individual Consultation.
7. The Service Provider informs that the owner of the Calendly application is based outside the European Economic Area (EEA). By scheduling an Individual Consultation through the Calendly app, the User agrees that their personal data may be transferred outside the European Economic Area (EEA).
8. The User may cancel the Individual Consultation Service at any time, which will result in the immediate termination of the contract.
9. In order to cancel the Individual Consultation Service, you must:
   1. cancel the appointment via the Calendly application; or
   2. send an email to: contact@ttpsc.pl containing a statement of cancellation of the Service.

§ 8 Liability of the Service Provider

1. The Service Provider ensures and undertakes that the operation of the IT system it uses allows for using the Services in a way that prevents unauthorized persons from accessing the content and data processed as part of the use of the Services.
2. The Service Provider shall not be liable for:
   1. interruptions in access to the Services, resulting from necessary technical and administrative activities,
   2. disruptions in the operation of the Internet, Internet network delivery and interruptions in access to services in cases caused by force majeure,
   3. damage caused to third parties as a result of using the Services by Users in a manner contrary to the Regulations and the provisions of generally applicable law.
3. If the Service Provider receives a notification about the unlawful nature of stored data that have been provided to the Service Provider by the User and preventing access to these data by the relevant public administration or law enforcement authority, the Service Provider shall not be liable to the User for damage caused as a result of the inability to access these data.

§ 9 Termination of the contract for the provision of Services

1. The User shall have the right to terminate the contract for the provision of the Services under the terms described in the preceding paragraphs.
2. The Service Provider may at any time discontinue the further provision of all or any of the Services.

§ 10 Complaints

1. Users have the right to lodge a complaint on matters relating to the malfunctioning of the Website in connection with the Services covered by these Terms and Conditions.
2. Complaints regarding the Services should be submitted:
   1. in writing to the following address: Transition Technologies PSC S.A. 276 Piotrkowska St., 90-361 Łódź;
      or
   2. by email to the following address: contact@ttpsc.com
   3. phone number: +48 661 799 553
   4. Data Protection Officer: gdpr@ttpsc.com
3. The complaint should include:
   1. contact details of the person submitting the complaint necessary to send a response to the complaint, i.e.:
      1. name and last name of the User,
      2. email address, if the response to the complaint is to be provided electronically or
      3. correspondence address, if the response to the complaint is to be provided in writing,
   2. description of irregularities in the Service and expectations as to the settlement.
4. Complaints shall be considered within 14 days of their receipt by the Service Provider. The Service Provider shall immediately notify the complainant about the decision regarding the complaint via email to the email address provided in the application or by registered mail to the address indicated in the complaint.

§ 11 Final provisions

1. The Service Provider has the right to change the Regulations, including in particular in relation to changes in the law to the extent affecting the implementation of provisions and changes in the Services provided.
2. The amended regulations result in continuous cooperation with the Service Recipient, if the User has been properly notified of the changes, i.e. by sending information about the changes to the Regulations to the User’s e-mail address indicated in the form, at least 14 days before the date of entry into force of the changes and the User has not terminated the contract within 14 calendar days from the date of receipt of the notification. The Service Recipient may terminate the contract by sending a statement of termination of the contract to the e-mail address: contact@ttpsc.com.
3. In the case of changes to the Regulations that do not affect in any way the rights acquired by the Service Recipient before the date of entry into force of the amendments to the Regulations (in particular on the scope and manner of providing services, obligations of the Service Recipient) changing the Regulations does not require sending information about the changes to each User individually for its effectiveness. In such a case, information about the amendment to the Regulations will be published on the website of the Service Provider at least 14 days before the entry into force.
4. The Regulations enter into force on 14 September 2023.

Information on specific risks associated with the use of services provided electronically by TTPSC

Fulfilling the obligation under Article 6 point 1 of the Act of 18 July 2002 on the provision of electronic services (Journal of Laws No. 144, item 1204, as amended), TTPSC informs that:

1. The use of electronically provided services by users is associated with a particular risk.
2. The main risks associated with the use of the Internet include:
   1. malware – various types of applications or scripts that have harmful, criminal or malicious effects on the network user’s IT system, such as viruses, worms, Trojans, keyloggers, dialers;
   2. spyware – programs that track the user’s activities, collect information about the user and send it to the author of the program, usually without the user’s knowledge or consent;
   3. − spam – unwanted and unsolicited electronic messages sent simultaneously to many recipients, often containing advertising content;
   4. phishing for sensitive personal information (e.g., passwords) by impersonating a trustworthy person or institution;
   5. hacking into the user’s IT system using, among others, hacker tools such as exploit and rootkit.
3. these risks may occur only potentially, but should be taken into account despite the TTPSC taking measures to protect the TTPSC infrastructure from unauthorized actions of third parties.
4. To avoid the above threats, users should install an antivirus program on their computers and other electronic devices they use when connecting to the Internet. Such a program should be constantly updated.
5. A higher level of protection against threats related to the use of electronically provided services by users is also ensured by enabling the system firewall in the settings of the operating system used by the user.