For the purposes of these Terms of Use, the terms below shall have the following meanings:
1. Customer – an entrepreneur, i.e. a sole trader, a legal person, or an unincorporated entity to which special regulations grant legal capacity, conducting educational activities within the scope of a language school;
2. Site – the website at https://langlion.com/, which contains information materials about the LangLion Platform, as well as functionality for accessing and using the LangLion Platform;
3. Provider – Primeon Spółka z ograniczoną odpowiedzialnością, based in Warsaw at ul. Młynarska 42, 01-171 Warszawa, listed in the register of entrepreneurs kept by the District Court for the Capital City of Warsaw, 13th Commercial Division of the National Court Register, KRS [national court register number]: 0000395372, NIP [tax identification number]: 522-29-87-682, REGON [business entity statistical number]: 145160754, share capital: PLN 80,000.00, email: info@langlion.com;
4. LangLion Platform – computer software in the form of an electronic platform for managing a language school, with functionalities described at https://langlion.com/;
5. Digital Content – data produced and delivered in digital form, such as access to the LangLion Platform or its individual modules, electronic file, and e-learning training courses, available under a license to use the LangLion Platform;
6. Agreement – an agreement between the Provider and the Customer, as a result of placing an order on the Site, the subject of which is the creation and maintenance of a user account that enables the use of the LangLion Platform and the granting of a license to the Customer for Digital Content.
7. Provisions on Entrustment of Personal Data Processing – a data processing agreement, constituting Appendix 2 hereto, concluded between the Provider and the Customer as a result of acceptance of the Terms of Use, the subject matter of which is the entrustment by the Customer to the Provider of the processing of personal data for the purpose and to the extent necessary for the Customer’s use of the LangLion Platform, under the conditions set forth in Article 28 of 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);
8. Terms of Use – these Terms of Use;
9. Authorised User – an employee or associate of the Customer, a student, parent or guardian of a student of a language school operated by the Customer, authorised to use the LangLion Platform, as part of the account of a given Customer, in accordance with the access rights granted to them.
Section 2. General Provisions
1. Through the Site, the Provider presents information materials about the LangLion Platform, enables conclusion of the Agreement and ensures access to the LangLion Platform while providing electronic services to the Customer in accordance with Section 3 hereof.
2. These Terms of Use set forth the terms and conditions for using the Site and the LangLion Platform, as well as the rights and obligations of the Provider and the Customer. The application of Article 661 of the Civil Code is excluded.
3. In order to use the Site, including to make a purchase and conclude an Agreement through the Site, it is not necessary for the Customer’s computer or other device to meet any special technical conditions. The following are sufficient:
4. In order to use the LangLion Platform and Digital Content, it is necessary for the Customer’s computer or other device to meet the following technical conditions:
5. In a situation where using the LangLion Platform or some of its functionalities would require meeting additional technical conditions, the Provider will inform the Customer of the fact.
6. The use of services provided electronically involves risks, in particular: malware, cyber attacks, possibility of receiving unsolicited commercial information (spam), phishing. In order to minimise the risk of such threats, it is recommended that the devices used by the Customer and Authorised Users for navigating the Site and the LangLion Platform have appropriate security features such as, without limitation, a continuously updated anti-virus program, up-to-date software, and a firewall.
7. It is prohibited for the Customer and Authorised Users to provide content of unlawful nature, in particular by submitting such content within the forms available on the Site or inputting it into the LangLion Platform, e.g. entering false data, including personal data or content that violates intellectual property rights.
8. A detailed description of the functionalities of the LangLion Platform, including the available modules, along with information on the price and how to calculate it, can be found on the Site at https://langlion.com/en/pricing/ or https://langlion.com/us/pricing/. All prices quoted on the Site are net prices.
9. Instructions on how to use the LangLion Platform (System Guide), tutorials and frequently asked questions (FAQs) can be found on the Site at http://help.langlion.com/en/.
10. In the event that a person other than the Customer or a person authorised to represent the Customer (in accordance with the rules of representation of that entity under applicable laws) acts on behalf of the Customer, such person shall represent that they have been duly authorised by the Customer to perform actions on the Customer’s behalf under these Terms of Use, and in particular to conclude the Agreement and the Provisions on Entrustment of Personal Data Processing. The Provider reserves the right to verify truthfulness of the statement referred to above, requesting the Customer to show proof of the fact that the relevant authorisation was granted to such person.
11. A Customer who is a sole trader declares that the agreements concluded by them under these Terms of Use will be directly related to their business activity or will have a professional character for them, arising in particular from the subject of their business activity, made available on the basis of regulations concerning the Central Register and Information on Economic Activity.
1. Through the Site, the Provider provides electronic services to the Customer.
2. The primary services provided electronically to the Customer by the Provider include:
a) presenting information materials about the LangLion Platform,
b) enabling contact with the Provider, including asking questions about the services offered,
c) enabling the Customer to place an order leading to the conclusion of an Agreement with the Provider,
d) providing access to the LangLion Platform and enabling the use of its functionalities,
e) access to disk space within the LangLion Platform with a capacity of 10 GB (applies to selected modules). The Provider may increase the available disk space for additional compensation, as agreed individually with the Provider,
f) possibility to sign up for the newsletter,
g) blog functionality.
3. The Provider also provides to the Customer an electronic service consisting in creating and maintaining a user account on the LangLion Platform, which, depending on the user’s status, may have a different range of access rights. The user account on the LangLion Platform also stores Customer details and records the Customer’s activities related to the use of the LangLion Platform.
4. A user account on the LangLion Platform is created automatically for the Customer following conclusion of the Agreement.
5. Services are provided to the Customer electronically and free of charge. However, Agreements concluded through the Site are chargeable, subject to the exceptions provided for in the Terms of Use.
6. The Provider shall take measures to ensure proper operation of the Site and the LangLion Platform. The Customer shall inform the Provider of any irregularities or interruptions in the functioning of the Site or the LangLion Platform.
7. The Provider shall not be obliged towards the Customer to expand the LangLion Platform, in particular to introduce new functionalities, including new modules, or make changes to existing ones. To the extent technically and financially feasible, the Provider will update and expand them.
1. The Provider hereby informs that the Site and the LangLion Platform contain legally protected materials, such as Digital Content, as well as any other content, trademarks, logos, photos, graphics, adopted layout and colour selection, and databases, which are subject to protection of intellectual property rights.
2. All materials on the Site and the LangLion Platform, including Digital Content, are works within the meaning of the Act of 4 February 1994 on Copyright and Related Rights (i.e. Journal of Laws [Dz. U.] of 2021, item 1062, as amended) and are subject to legal protection under the act.
3. The Customer is authorised to use the Site, the LangLion Platform, the Digital Content and any other materials on the Site or the LangLion Platform in a manner consistent with their intended use and for the purposes of the Customer’s business, in accordance with the Terms of Use and applicable laws. In particular, it is forbidden to download the content of databases and use it in whole or in substantial part, as well as copy, modify, distribute or otherwise use any material made available on the Site or the LangLion Platform. The above does not apply to the use of these materials on the terms of the license specified below.
4. Under these Terms of Use, the Customer does not acquire copyright. The Provider grants the Customer a non-exclusive license entitling the Customer to use the LangLion Platform and Digital Content in such a way that any Authorised User:
a) can access them at a time and place of their choosing, via a computer or other device,
b) can record and reproduce the Digital Content (downloading and saving) by any technique, including printing, reprography, magnetic recording and digital technique, within the available functionalities of the LangLion Platform.
5. The Customer shall be entitled to use the LangLion Platform and Digital Content for a period of time corresponding to the term of the Agreement.
6. The license is granted worldwide (i.e. is not limited geographically).
7. Along with the granting of a license to use the LangLion Platform, the Customer also acquires the right to make changes and other compilations with respect to the Digital Content that, in accordance with the available functionalities, has been downloaded from the LangLion Platform and to the extent arising from the need to adapt such works in accordance with their intended use, as well as to use and dispose of such compilations of works or individual parts thereof on the terms and conditions set forth in the subsections above.
8. The Customer has no right to grant further licenses (no sublicensing).
9. Neither the Customer nor any Authorised User shall:
a) grant access to the LangLion Platform to anyone other than Authorised Users,
b) modify, alter, merge or translate the LangLion Platform or any materials contained therein,
c) copy or reproduce the materials on the LangLion Platform for purposes other than those specified in Subs. 3 above,
d) alter or remove any markings regarding the authorship of works, in particular the copyright note “The document was prepared using the LangLion Platform”.
1. An order to conclude an Agreement for access to the LangLion Platform is placed by completing the registration form. In the form, it is required to provide the details necessary to conclude the Agreement (address and contact information), including details of the Customer and of the person placing the order on their behalf.
2. The condition for placing an order is acceptance of the Terms of Use, which the Customer should read beforehand.
3. The ordering process is completed by clicking on the button that concludes the order, i.e. the “I want to set up a trial version” button.
4. Clicking on the button that concludes the order constitutes the Customer’s declaration of intent leading to the conclusion of an Agreement with the Provider for a period of 14 calendar days (hereinafter: “Trial Period”). During the Trial Period, services are provided by the Provider free of charge.
5. Before the end of the Trial Period, the Provider will offer the Customer renewal of the Agreement in the paid model for an indefinite period of time. In order to renew the Agreement on such terms, it is necessary for the Customer to provide additional details necessary for payment settlement and issuing VAT invoices as well as to select service parameters (configuration of LangLion Platform modules) according to the rules set out at https://langlion.com/en/pricing/ or https://langlion.com/us/pricing/. The Agreement shall be renewed on the financial terms in effect on the date of renewal. If the Customer fails to provide this data and information, the Agreement will expire at the end of the Trial Period.
6. The Customer shall promptly notify the Provider of any change in any information provided to the Provider for the purpose of entering into and performing the Agreement.
1. For the Provider’s performance of services to the Customer, consisting in providing the Customer with access to the LangLion Platform and enabling the use of its functionality after expiration of the Trial Period, the Provider shall be entitled to remuneration in the form of a service charge (hereinafter: “Service Charge”).
2. Details of calculating the Service Charge are set forth in Appendix 1 (Billing Rules) hereto. The current price list is available at https://langlion.com/en/pricing/ or https://langlion.com/us/pricing/.
3. The Service Charge represents the Provider’s total remuneration for the services provided to the Customer under the Agreement and includes:
a) activation of the LangLion Platform at a dedicated web address (according to the scheme): https://nameoftheschool.langlion.com,
b) activation of accounts of Authorised Users,
c) ongoing operation and maintenance of the System,
d) granting a license on the terms of Section 4 hereof.
4. The Customer shall make timely payments in accordance with the deadline specified in the VAT invoice or order document, i.e. within 7 days from the date of delivery to the Customer of a correctly issued VAT invoice on the last working day of a given month.
5. The Customer accepts sending invoices issued by the Provider in electronic form (PDF document). Invoices will be sent to the Customer’s email address provided by the Customer in the registration form and posted in the Customer’s account on the LangLion Platform (tab “LangLion – Billing”).
6. The Provider reserves the right to send payment reminders electronically to the email address provided by the Customer.
7. Due to the nature of the services available on the Site, their provision to the Customer does not incur delivery costs.
1. Based on the email addresses received from the Customer, the Provider grants Authorised Users of a given Customer access to the LangLion Platform in accordance with the established access rights.
2. Access credentials to the LangLion Platform are sent by the Provider to Authorised Users’ email addresses.
3. The Customer shall notify Authorised Users that they will receive from the email address mailing@mailing.langlion.com access credentials to their accounts on the LangLion Platform.
1. If the Customer discovers a malfunction of the Site, LangLion Platform or Digital Content, they shall notify the Provider.
2. Complaints should be submitted to: info@langlion.com.
3. The complaint should contain at least Customer details (i.e. company name, NIP [tax identification number], name of the reporting person, email address) and a description of the reported issues. Complaints not containing the above details will not be considered.
4. The Provider will respond to the complaint within 14 days of receipt.
5. The Provider reserves the possibility of temporary unavailability of the services provided under these Terms of Use, including access to the Site, LangLion Platform (or some of its functionalities) and Digital Content, which may be caused by the need to carry out necessary maintenance or organisational works or works related to modifications of functionalities of the Site or LangLion Platform, as well as the occurrence of circumstances that are beyond the Provider’s control, including but not limited to: failures of communications service providers, including server failures, malfunctions of the communications network, occurrence of force majeure events. In the situations referred to above, the Customer shall not be entitled to any claims against the Provider, including, without limitation, claims for damages or demand for reduction of remuneration.
6. The Provider shall not be liable to the Customer or third parties for legal and business consequences of decisions made in connection with using the LangLion Platform.
7. The Provider’s liability as part of statutory warranty for defects under civil law is excluded.
1. In connection with the use of the Site and the LangLion Platform, personal data of the persons using them is processed. Detailed information on the terms and conditions of processing personal data and the rules of using cookies is provided in the privacy policy available at https://langlion.com/en/privacy-policy/.
2. In the course of providing the services available through the LangLion Platform, the Provider will also process personal data of which the Customer is the controller. This implies the need for concluding a data processing agreement between the Provider and the Customer. Such agreement constitutes Appendix 2 hereto, which is an integral part hereof.
1. The Agreement is made for a definite period of 14 days. After the lapse of this period, the Agreement shall expire or may be renewed for an indefinite period on the terms of Section 5.5 hereof.
2. An agreement concluded for an indefinite period of time may be terminated by either Party with 1 month’s notice, effective at the end of the calendar month.
3. The Provider reserves the right to immediately block access to the LangLion Platform and terminate the Agreement with immediate effect in the event that the Customer or Authorised User uses the LangLion Platform or Digital Content in a manner contrary to the Terms of Use, and in particular in a manner that violates provisions of Section 4 hereof or generally applicable laws.
4. The Provider reserves the right to temporarily – for a period of up to 60 days – block access to the LangLion Platform or impose restrictions on access to certain features of the LangLion Platform, in the event that:
a) the Customer fails to pay the Service Charge within the period specified in Section 6 hereof,
b) the Customer or Authorised User violates provisions of the Terms of Use other than those specified in Subs. 3 above.
If within 30 days from the date of blocking access to the LangLion Platform, the Customer does not bring the Agreement into compliance with the Terms of Use, the Provider reserves the right to terminate the Agreement with immediate effect.
5. Termination of the Agreement will result in disabling access to the LangLion Platform, the Digital Content and the data entered into the system, as well as deleting the user’s account on the LangLion Platform.
6. During the notice period, the Customer should download from the LangLion Platform all the data and documents in their account.
7. For termination of the Agreement with immediate effect (on the terms of Subs. 3 and 4 above), the Customer may, within 14 days of termination of the Agreement with immediate effect, request the Provider to hand over to the Customer the data and documents indicated by the Customer and stored in their LangLion Platform account. The method and date of handover will be agreed between the Parties.
8. For termination of the Agreement on the terms of Subs. 3 and 4 above, the Customer shall not be entitled to any claims against the Provider, including in particular claims for lost profits.
9. In the event that, due to termination of the Agreement, the Customer fails to download the data and documents stored on the LangLion Platform within the timeframe referred to in Subs. 6 above, or fails to request the Provider to hand over to the Customer the data and documents indicated by the Customer, within the timeframe referred to in Subs. 7 above, upon expiration of such timeframes, the Provider shall immediately delete all the data and documents stored in the Customer’s account. In such case, the Customer shall not be entitled to any claims against the Provider, including without limitation claims related to unauthorised deletion of the Customer’s data and documents.
10. Contact between the Provider and the Customer on the matters set forth in this subsection, including submission of termination notice, shall be in writing or in documentary form, i.e. by sending the termination notice via email, for the Customer – to the e-mail address provided by the Customer in the registration form; for the Provider – to the following email address: info@langlion.com.
1. The Provider reserves the right to introduce special offers, cancel them or change the prices indicated at https://langlion.com/en/pricing/ or https://langlion.com/us/pricing/.
2. The Customer will be informed of price changes by the Provider at least 30 days in advance of their publication at https://langlion.com/en/pricing/ or https://langlion.com/us/pricing/. If the Customer does not accept the new prices, the Customer shall have the right to terminate the Agreement with a notice period, on the terms set forth herein. If the Customer does not terminate the Agreement within 30 days of being informed of the price change, the services will be provided to the Customer based on the new prices. Information about the price change will be communicated to the Customer by electronic means to the email address provided by the Customer.
3. The Provider reserves the right to make changes to these Terms of Use. The Terms of Use in effect on the date of conclusion of the Agreement shall apply to Agreements concluded before the date of amendment hereof.
4. The Provider reserves the right to make changes to the LangLion Platform, including changes to some existing functionalities, or introduce new functionalities, without notifying the Customer.
5. The Provider reserves the right to use the Customer’s logos (graphic designations) in marketing materials and social media, to which the Customer agrees.
6. The Provider and the Customer shall keep confidential any information obtained from each other in connection with the provision of services under these Terms of Use, including without limitation information that constitutes a business secret within the meaning of the Act on Combating Unfair Competition of 16 April 1993.
7. Disputes, if any, related to the services provided through the Site will be considered by the Polish common court with jurisdiction over the Provider’s seat.
8. In matters not covered by these Terms of Use, provisions of Polish law shall apply.
9. These Terms of Use come into force as of 1 March 2024.
1. The Service Charge is calculated at the end of each month of the Agreement in relation to the maximum number of active students per month and selected modules of the LangLion Platform.
2. An “active student” is considered to be an Authorised User included in the “Students” list and at the same time not an Archived User.
3. If in a given billing month the number of “active students” is 0, the Provider will charge a Service Charge for that billing month in the amount of EUR 25 net or USD 30 net.
4. The fee for activation of accounts of Authorised Users who are students (and parents or guardians of students) is calculated by multiplying the number of students by the price per student according to the rates specified at https://langlion.com/en/pricing/ or https://langlion.com/us/pricing/.
5. The scope of the provided LangLion Platform in relation to the active modules is calculated by adding the values corresponding to the modules according to the information at https://langlion.com/en/pricing/ or https://langlion.com/us/pricing/.
6. The total monthly cost of using the LangLion Platform is calculated by multiplying the activation fee for student accounts calculated according to Subs. 5 and by the scope of LangLion Platform modules provided according to Subs. 5.
7. Payments are settled on a monthly basis.
Appendix 2 – Provisions on Entrustment of Personal Data Processing
PROVISIONS ON ENTRUSTMENT OF PERSONAL DATA PROCESSING
(hereinafter: “Provisions”)
Whenever these Provisions refer to:
1. “Data Controller” – shall mean a natural or legal person, public authority, agency or other entity that alone or jointly with others determines the purposes and means of processing personal data. For the purposes of these Provisions, the controller is the Customer placing an order through the site available at https://langlion.com/pl/ under the Terms of Use (hereinafter: “Controller”);
2. “personal data” – shall mean any information relating to an identified or identifiable natural person (“data subject”);
3. “General Data Protection Regulation” – shall mean the Regulation of the European Parliament and of the Council (EU) 2016/679 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;
4. “processor” – shall mean a natural or legal person, public authority, agency or other entity that processes personal data on behalf of the Controller. For the purposes of these Provisions, the processor is the Provider, i.e. Primeon Spółka z ograniczoną odpowiedzialnością, based in Warsaw at ul. Słowicza 43, 02-170 Warszawa (hereinafter: “Processor”);
5. “processing” – shall mean any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, review, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction;
6. “IT system” – shall mean a set of cooperating devices, programs, information processing procedures and software tools used for data processing purposes;
Section 2. Subject Matter of Entrustment
1. The subject matter of these Provisions is the entrustment to the Processor by the Controller of the processing of personal data in connection with the conclusion and performance of the LangLion Platform Access Agreement (hereinafter: “Agreement”).
2. The Controller declares that it is the Controller of the data referred to in Sections 3.1 and 3.2 of the Provisions or acts as a Processor with respect to such data authorised by the relevant Controller to entrust personal data for the purpose of performing the Agreement.
3. The Controller entrusts the processing of personal data to the Processor, and the Processor shall process it in accordance with the law and these Provisions.
4. The Processor shall process personal data only to the extent and for the purpose as provided for in the Provisions.
1. The Controller entrusts the Processor with the processing of personal data of its employees and associates (including teachers), students and their parents and guardians, customers, as well as any other category of persons whose data may be processed as part of performance of the Agreement.
2. The scope of personal data entrusted for processing includes the following categories:
2.1 personal data of employees and associates in the following scope: first name, middle name, surname, telephone number, cell phone number, e-mail, address, nationality, identity card number, salary, billing details, billing type, tax identification number, identification number], mother’s name, father’s name, place of birth, place of residence, place of permanent residence, date of birth, education, work experience, professional specialties, qualifications, system login, subjects taught, groups taught, rentals, remarks, licenses;
2.2 personal data of students in the following scope: first name, middle name, surname, telephone number, cell phone number, email, address, system login, group, identification number, date of birth, place of birth, place of residence, tax identification number, account number, company, billing, discounts, remarks, subject grades, absences, test results, rentals;
2.3. personal data of parents and guardians in the following scope: first name, middle name, surname, telephone number, cell phone number, email, address, system login, identification number, date of birth, origin, place of residence, tax identification number, account number, company, billing, discounts, remarks;
2.4. personal data of customers in the following scope: company name, address, contact persons together with their telephone numbers and email addresses, tax identification number, address, account number, billing, discounts, remarks.
3. Incidentally, the type of entrusted data may include so-called special categories of data (as long as such data is entered by the Controller into the LangLion Platform).
4. The purpose of entrusting the processing of personal data is to enable proper performance of the Agreement.
5. The Processor, for the purpose specified in Subs. 4 above, shall be entitled to perform all operations on the data that will be necessary for performance of the Agreement, including without limitation: collecting, recording, organising, structuring, storing, adapting, modifying, downloading, viewing, deleting.
6. The processing of entrusted data shall be done by using computer systems.
7. Due to the objective of personal data processing entrustment, the processing of data shall be periodic.
1. The Processor shall process the entrusted personal data on terms and in accordance with the applicable laws. In particular, the processing of entrusted personal data shall be in accordance with the provisions of: General Data Protection Regulation, national provisions on the protection of personal data issued on its basis and other provisions of law applicable to the processing of personal data.
2. In connection with entrusting the processing of personal data, the Processor shall:
3. The Processor shall immediately notify the Controller of:
4. In the event of an incident threatening the security of personal data entrusted for processing, in particular an event that may constitute a breach of personal data protection, i.e. accidental or unlawful destruction, loss, modification, unauthorised disclosure or unauthorised access to entrusted personal data, the Processor shall:
1. The Processor will enable the Controller to control the activities of the Processor to the extent objectively necessary to demonstrate the compliance of the processing of personal data with the Provisions and applicable law, in the following cases:
2. Carrying out an inspection requires both Parties to agree in advance on its terms, taking into account the amount of time and activities on the part of the Processor related to participation in the inspection, with the proviso that an inspection requiring access to the Processor’s premises or IT systems may not last more than one (1) working day in total. The inspection activities may be performed on working days from 9:00 AM to 5:00 PM Polish Time.
3. In any case, the inspection may be carried out by the Controller only to the extent that personal data is processed by the Processor in connection with the fulfilment of the purpose of entrusting the processing of personal data specified in Section 3.4 of the Provisions, without prejudice to the Processor’s business secrets and confidential information belonging to third parties.
4. The Controller shall notify the Processor of the intention to carry out the inspection in advance, i.e. at least seven (7) working days before planned date of commencement of the inspection, indicating the exact scope, date and persons authorised by the Controller to carry out the inspection.
5. If, for justified reasons, it is not possible to carry out the inspection within the time limit indicated by the Controller in the notification referred to in Subs. 4, the Processor shall inform the Controller about the first possible date of the inspection.
6. After the inspection, the Controller will provide the Processor with a report containing the findings and conclusions of the inspection, which shall be signed by representatives of both Parties.
7. All costs of inspections carried out by the Controller or by third parties acting on behalf of and for the Controller are covered by the Controller.
8. The Processor is entitled to reimbursement of reasonable costs and expenses incurred in connection with the inspection carried out by the Controller or by third parties acting on behalf of the Controller.
1. The Processor has the right to sub-entrust the personal data referred to in Section 3.1 and 3.2 herein, in the scope and purpose necessary to fulfil the purpose of entrusting the processing of personal data as defined in Section 3.4 herein.
2. The Processor shall inform the Controller of any intended changes concerning adding or replacing other processing entities, thus giving the Controller the possibility to object to such changes. The Controller is aware that the expression of the objection referred to above may affect a change in the manner in which the Services are provided to them, or even involve the necessity of limiting or discontinuing them.
3. If the Processor uses services rendered by other processing entity to implement specific activities on behalf of the Controller, the Processor shall:
3.1. only use the services of such entities which provide sufficient guarantees of the implementation of appropriate technical and organisational measures to ensure that the processing of personal data performed by them meets the requirements of the General Data Protection Regulation,
3.2. impose on such other processing entity, on the grounds of the agreement concluded by the other processing entity and the Processor, the same data protection obligations as under the Provisions, in particular the obligation to provide sufficient guarantees for the implementation of appropriate technical and organisational data protection measures,
4. If the other processing entity fails to fulfil its data protection obligations, the Processor shall be liable to the Controller for the fulfilment of the obligations of that other processing entity.
5. At any request of the Controller, the Processor shall be obliged to provide an up-to-date list of other processing entities to whom it has subentrusted personal data entrusted to it by the Controller.
6. The Processor may, without the consent of the Controller, transfer personal data to a third country, i.e. a country outside the European Economic Area, however only if:
6.1. it has been determined in a decision of the European Commission that this third country ensures an adequate level of personal data protection, or
6.2. other measures have been taken, which, in accordance with applicable provisions, legitimise the transfer of data to that third country, such as: a legally binding and enforceable instrument, binding corporate rules, Standard Contractual Clauses adopted by the European Commission, Standard Contractual Clauses adopted by a supervisory authority, codes of conduct; a certification mechanism.
1. The Processor shall be liable for all damages resulting from the processing of personal data entrusted to it in a manner inconsistent with the Provisions or applicable laws, which arise for reasons attributable to the Processor, excluding damage to the extent of lost profits, and up to an amount equivalent to the average monthly net remuneration to which the Processor is entitled in connection with performance of the Agreement.
2. The Controller shall be liable for any damage that the Processor suffers (or will be obliged to suffer) as a result of the Processor’s violation of the Provisions, in particular the submission of false statements by the Controller or persons acting on behalf of the Controller.
The Provisions are valid for the term of the Agreement.
Section 9. Deletion of Personal Data
Upon completion of processing, under the Terms of Use, the Processor shall delete all personal data entrusted to it and any existing copies thereof, unless applicable laws require their retention.
In matters not provided for in these Provisions, the provisions of the Terms of Use and applicable laws shall apply.
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