The rules and regulations constitute a terms of service agreement provided for users online and falling under the Providing Services by Electronic Means (Journal of Laws [Dz.U.] 2002 no. 144 item 1204) Act of 18, 7, 2002. This act stipulates the rules for provision of services via websites or any software as well as other domains indicating particular parts of the software.
- Software Operator – Savesta Consulting sp. z o.o. with its registered office in Warsaw, ul. Szczęśliwicka 2/26, 02-352 Warszawa, entered into the Register of Entrepreneurs, kept by the District Court for the city of Warsaw, 12th Commercial Department of the National Court Register, under KRS number 0000746193, tax identification number PL 7010847517;
- Software – The system that is available online at the following main domain: https://app.supercmr.com/ which enables access to services;
- Website – an internet website placed in the Internet at the following main address https://supercmr.com/, its language versions and all its subpages;
- Service – service rendered within the Software;
- User – an entity having at least limited capacity to make legal acts, which visits the Website or makes an order under the Contract conditions, in line with which the Parties will be obliged to services arising out of or in connection with the Contract;
- Contract – a contract to provide services in a continuous manner, settled periodically in a renewable Accounting Periods;
- Subscription – a fee paid by a User for Services provided by the Software Operator in a particular Accounting Period;
- Subscription Plan – a package of available functions provided by the Software Operator within the Service chosen by the User
- Trial Period – a thirty-day free of charge period to which a User is entitled to in order to learn functions of the Software. The Period is counted from the day of registration and setting up an account in the Software;
- Accounting Period – a period of one year or any other period of settling Services provided within the subscription;
- Price List – current Price List available at the following address https://supercmr.com/pricing/ , which includes a list of available, offered Services and their prices;
- Regulation – Regulation (UE) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repeal of the Directive 95/46/WE (General Data Protection Regulation).
§ 1 Opening an Account in the Software
- In order to conclude a Contract to provide Services, it is necessary to register in the Software and open an individual User account
- The User can open an account by using the „Open an account” function, available at the Service website.
- By opening an account, the User accepts conditions of the Rules and Regulations.
- The Moment of registration, which consists of giving the User’s e-mail address, password and pressing the „Register” or „Sign Up” button, is deemed by the Software Operator that the User accepts an offer presented at the following web page https://supercmr.com/pricing and deems to be the moment of concluding by the Parties a Contract to provide services set forth in the Rules and Regulation.
- At the registration, the User is obliged to provide a correct e-mail address that enables sending a link to activate the account.
- The User is obliged to verify correctness of the e-mail address given at the registration process. In case the verification was not performed within the period of fourteen (14) days from the registration day, the Software Operator reserves the right to limit the account’s functionality until correctness of the e-mail is verified.
§ 2 Trial Period
- Upon opening an account, the User is entitled to a thirty-day access to all functions of the Software in order to learn functions offered on particular Software Subscription Plans.
- The Subscription Plan activated upon opening an account is compatible with the plan chosen by the User while the registration, and defined by the button forwarding to the registration form.
- The User may, within the Trial Period, switch freely between the Subscription Plans. Activating functions of higher plan, switches User to a higher plan. In order to switch to a lower plan, one needs to deactivate functions exceeding the chosen Subscription Plan, according to the function list included in the Price list.
- Upon termination of the thirty-day free Trial Period, the Service shall inform the User on the rules stipulating usage of the Service, with respect to the Subscription Plan currently tested in the account. The User will be informed on the possibility to make a subscription fee in order to retain access to full functionality of the account in the chosen Subscription Plan or to change the Subscription Plan into a different one.
§ 3 Free account
- User may use the free of charge version of the Service, set forth in the Price List under the name Free.
- Time limit of using the Free version is not limited.
- Using the Free Subscription Plan is limited within a month, according to the limits set forth in the Price List.
- Documents are aggregated at the moment of saving it, deletion of documents issued in the Service in the Free Subscription Plan does not renew the limit of documents set forth in the Price List.
- Number of documents limited by the monthly Free Subscription Plan, which were not used in a particular month, do not aggregate.
- Month shall mean a calendar month.
- User may at any moment change the Subscription Plan from the Free one, into a freely chosen paid plan.
- User holds the right to change at any moment the paid version of the Service into a free version, Free; no indemnification for the unused part of the Subscription shall be given to the User for such a change.
§ 4 Changing the Subscription Plan
- User may at any moment change the Subscription Plan from the currently used one, into a freely chosen paid plan.
- Changing the Subscription Plan from a higher one into a lower one is connected with restrictions of functions of the account, according to the Price List.
- Restrictions of the account functionality may mean lack of access to part of the data already saved on the User’s account.
- The Software Operator does not hold responsibility for loss of data caused by change to the Subscription Plan from the higher into the lower one.
- Should the User make changed set forth in §4 point 2, exceeding the limit stipulated in the Price List, the User is obliged to adjust the account to the limits according to the Price List in order to keep access to the account functionality.
§ 5 Paid Subscription Plan
- The Subscription Plan is chosen by User. The Software Operator shall not, without the User’s decision to buy a paid plan, encumber the User with fees for usage of the Service.
- In order to purchase the Paid Service offered by the Software Operator, the User marks on his account a chosen option of the Subscription Plan. The User is obliged to provide correct data necessary to issue VAT invoice, including the NIP number. A User with european VAT ID number is obliged to provide his company details, giving the european VAT ID number.
- Shall a paid version of the Service be chosen, the User is obliged to pay the amount of money designated in the payment form. The amount designated in the payment form is consistent with the amount stipulated in the Price List but can be reduced by a discount offered according to the length of Subscription Plan paid by the User and the amount of discount offered as a result of occasional promotional actions run by the Software Operator or entities cooperating with the Software Operator.
- Discount entitled to the User, resulting from the length of paying a Subscription fee, may be combined only with one discount eligible to the User as a result of occasional promotional actions run by the Software Operator or entities cooperating with the Software Operator.
- Discounts entitled to the User resulting from separately run occasional promotional actions run by the Software Operator or entities cooperating with the Software Operator do not accumulate.
- Discount entitled to the User as a result of promotional action run by the Software Operator or entities cooperating with the Software Operator may be used by the User by entering the promotional code into the payment form. Discount which was not used is not transferred into the payments made in the subsequent Accounting Periods, neither financial compensation nor extension of the Subscription period is given for such unused discount.
- User who wants to gain access to functions which are not available in the purchased or used Subscription Plan, is obliged to change the plan into a higher one, according to the Price List.
- Service is made available at the moment of acknowledging accounting of the amount on the Software Operator’s account. The User receives an automatic notification of the Service activation, the notification includes a link to the invoice and is sent to the e-mail account assigned to the User’s account.
- In case a User chose a credit card as a payment form, the termination is possible within fourteen (14) days before day the Accounting Period is over. Shall no termination be made, the service is automatically extended for the next subscription period, according to the currently used Subscription Plan.
- The Software sends to the User information on the possibility to retain full functionality of the account fourteen (14) days before the Accounting Period terminates. Such message (with a pro-forma invoice attached) shall constitute an offer made to the User by the Software Operator and concerns the possibility to extend usage of the current Service.
- Within the Pro plan, a User may buy from the Software Operator a package of IT hours and commission performance of customised functions which supplement the Service. The Software Operator reserves the right to reject the suggested solutions, should they be in contrary to the objectives of the Software set by the Software Operator. What is more, the Software Operator reserves the right to give all Service Users access to functions, performance of which was ordered by the User within the IT hour’s package.
§ 6 Payments
- VAT invoice shall be issued after the User pays the fee, the invoice shall include details set forth by the User in the payment form at the moment of making the payment.
- Should the purchaser details given by the User to issue a VAT invoice be incorrect, the User is obliged to provide the Software Operator with an accounting note.
- The VAT invoice sent to the User e-mail address (account owner) is deemed to be delivered at the moment the User’s e-mail server accepted the message including the VAT invoice.
- Possible additional costs charged for services rendered for the benefit of third parties, especially connected with the payment execution, are vested by the User.
- The payment day shall mean the day, the amount of money was credited on the Software Operator’s bank account.
- The Software Operator reserves the right to introduce changes to the Price list.
§ 7 Contract period and termination
- The Contract between the Software Operator and the User is concluded at the moment of opening the account in the Software and lasts until the moment of its termination, also at the moment a Subscription Plan has been changed. No need to make separate declarations by the Parties is necessary.
- Contract to provide services may be terminated by the User in a written form at any time, without giving reason thereof.
- Contract to provide services may be terminated without notice by the Software Operator in the following cases:
- a User substantially violated provisions of the Contract;
- the User acted in a way harmful to the Software Operator, other Service Users or the Internet web;
- the User used the account in the Service contrary to its purpose and scope of the functions which are offered by the Subscription Plan chosen and paid by him;
- the User acted inconsistent with the law or performed actions threatening safety of the data kept in the Service.
- No reimbursement of fee is applicable to the User in situations set forth in §7 point 2, §7 point 3 i §12 point 7.
- Only the User who is an owner of an account can remove the account in the Software. In order to remove the account, one needs to use the „Remove account” function. After using the function, owner of the account is obliged to confirm the decision to remove the account by using the „Confirm removal of the account” function. Upon confirmation of the account removal, it will be automatically removed with no possibility to recover the data saved on the account.
6. The Software Operator does not bear responsibility for possible loss of data caused by removal of the User’s account.
§ 8 Technical requirements
In order to secure correct operation of the Software, one needs access to the Internet and an Internet browser, such as IE, Firefox, Opera, Chrome or Safari, with recommendation that the versions are the most up to date and stable ones.
§ 9 Service Update
- Service Update is made accessible to the Users free of charge.
- The Software Operator makes the new functions available to all or chosen Subscription Plans.
- Service Updates may implement changes to function of the Software. Information on important changes will be sent by e-mail, in a newsletter, on Service subpage or on the „BLOG” subpage, where new Service functions are described.
- It is the User’s responsibility to make sure the currently issued documents and generated Reports are correct.
- Suggestions concerning new updates and functions, a User may share on forum or sent by e-mail to support (@) supercmr.com.
- Service Updates will be implemented according the objectives of the Software set by the Software Operator, the Software designation and its planned development.
§ 10 General obligations of the Parties
- The Service is accessible to the Users 24 hours. The Software Operator reserves the right for short breaks, resulting from periodical maintenance works run on the Service or caused by fortuitous events.
- The Software Operator obliges itself to remove, without unnecessary delay, all mistakes and failures that make using the Software impossible or difficult. Should a reported mistake or failure be not removed within the period exceeding fourteen (14) days, the User may terminate the contract with immediate effect.
- By using the Software, the User agrees to receive VAT invoice from the Software Operator by e-mail, in line with art 106n part 1 of the Act of 11 March 2004 on tax on goods and services (VAT).
- The Software Operator enables the User sending invoices in an electronic way. The Users represent that they have received a proper consent from their counter parties to accept invoices in an electronic form, within the meaning of Art. 106n point 1 of the Act of 11 March 2004 on tax on goods and services (VAT).
- The User obliges itself to take advantage from the Services in a way that does not infringe rights of third parties (personality rights, intellectual property rights), norms and legal rights.
- The User is the owner of all the content entered with the usage of the Service into Software or Website and the Software Operator does not bears any responsibility for it. All responsibility, resulting out of the legal rights, with regards to content published by the User, is vested by the User.
- In case a notice on illegal character of the data placed in the Software by the User, the Software Operator has the right, in accordance with Art. 14 of the Act of 18 July, 2002 on Providing Services by Electronic Means, to prevent access to the User’s data. In such a case, the User is informed about blockage of the account.
- The Software Operator reserves the right to remove certain content entered by the User into the Website or its subpage.
- The Software Operator does not bear responsibility arising out of or in connection with:
- breaks in providing the Service or unavailability of the Software for reasons not due to the Software Operator or resulting out of events which could not be foreseen by the Software Operator;
- incorrect operation of the Software not resulting from the Software Operator’s fault, for example errors of the telecommunication network;
- access do the User’s account by unauthorised persons;
- ignorance or non-observance of the Rules and Regulations by the User;
- dangers connected with using network: hacker attacks, infecting system by viruses or similar events.
- The total financial responsibility of the Software Operator towards the User is limited to the amount of the Subscription fees paid in the last three years.
§ 11 Outsourcing of Data processing
- User who is a controller of the data entered to the Software set “Entrusted data”, entrusts the Software Operator, within the scope of Art. 28 of the Regulation, as the subject-matter, processing personal data in the scope compatible and chosen by the User to the set, within the scope stipulated in §11 point 2 and according to the rules and for the purpose set forth in §11 point 3 herein.
- The scope of data from the „Entrusted data” set comprise of contracting party’s data which are regular data, and in particular: Name, Surname, Tax identification Number or PESEL and data of the controller’s workers which are regular data, in particular: e-mail address, Name, Surname.
- Entrusting the personal data under this Agreement takes place solely and exclusively for the purpose of rendering the Service and in respect to the Service.
- The entrusted personal data is processed by a processor with the usage of IT systems.
- The Software Operator processes the entrusted data within the period of rendering the Service, that is from the moment of opening an account in the Software up to thirty (30) days after deletion of the User’s account in the Service. The thirty-day (30) period of data processing is connected with the Software backup, used by the Software Operator, to enable data integrity while rendering the Service. The period of data processing may be longer if the Polish or the European Law vests such a duty on the Software Operator.
- The Software Operator, once provision of the Service connected with data processing has ceased, depending on the controller’s decision, deletes or returns all personal data and removes all existing copies, unless the Polish or the European Union’s law orders storage of such personal data.
- The Software Operator obliges itself, within its organisation, to process the entrusted data with due diligence, according the Regulation and other legal rights of generally applicable law which secure the rights of third parties which the data refers to, in particular by using proper technical and organisational means securing protection of processing personal data applicable to the threats connected with personal data processing, referred to in Art. 32 of the Regulation.
- The Software Operator obliges itself to give authority to process personal data to all people who are to process the data in order to perform the Contract and oblige the persons to maintain secrecy (referred to in Art. 28 point 3 letter b of the Regulation) of the processed data, both while their process by the Software Operator and after termination of the employment.
- Due to the character of the process, the Software Operator will, within the possible scope, help the User administrating the data in necessary scope, by adequate technical and organisational means, to fulfil the obligation to answer requests of the person whose the data concerns, within the scope of exercising its rights set forth in part 3 of the Regulation and, with respect to the character of the process and accessed information, and will help the controller to fulfil the duties set forth in Art. 32-36 in the Regulation.
- The Software Operator shall, without unnecessary delay, upon discovering a breach of the personal data protection, notify the controller.
- In line with Art. 28 part 3 letter h of the Regulation, the User who is the controller of the data entrusted to the Software Operator, has the right to control whether the means used by the Software Operator while processing and securing entrusted personal data, fulfil provisions of the contract. The right to the control may be exercised within the Software Operator’s working hours, that is Monday – Friday from 9 AM to 5 PM, with the exception of bank holidays and inform within a minimum of seven-day (7) notice period on the intent to perform a control. During the control, the Software Operator shall make all necessary information available to the User who administrates the entrusted data in order to demonstrate performance of the duties set forth in Art. 28 of the Regulation.
- Should a default be found while such a control, the Software Operator obliges itself to remove them in the period set by the Data controller, not longer than fourteen (14) days.
- The Data controller may terminate the Contract with immediate effect, in case the Software Operator will not remove defaults he was obliged to remove within the set time limit or processes personal data in a way inconsistent with the Rules and Regulations.
- The Software Operator entrusts personal data under the Contract for further process to external entities within the European Economic Area and to a third country or an international organisation where the Commission has decided that the third country, a territory or one or more specified sectors within that third country, or the international organisation in question ensures an adequate level of protection, and entrusts the data solely and exclusively for the purpose and scope of performance of the Contract and the Administrator agrees to the abovementioned.
- The Software Operator holds a written Contract of entrusting personal data process with entities set forth in §11 point 14 herein.
- Transfer of the entrusted data to a third country or an international organisation where the Commission has not decided that the third country, a territory or one or more specified sectors within that third country, or the international organisation in question ensures an adequate level of protection, can take place only upon earlier documented order of the Data controller, unless such a duty is set on the Software Operator by the Polish or the European law. In such a case, prior commencement of the process, the Software Operator informs the Data Administrator on the legal duty, unless the law forbids the information to be given due to important public interest.
§ 12 Data Controller
The entity responsible for personal data process:
Savesta Consulting Sp. z o. o.
ul. Szczęśliwicka 2/26
§ 13 Scope of data and moment of collection
- At the moment of the account registration on the Software, the User is asked to provide some data. The data given at the registration moment concerns usage of the account in the Software, that is the User’s e-mail address, login (generated on the basis of the User’s e-mail address) and a password. The following data may be entered to the Service voluntarily.
- Company name;
- Tax identification numer.
- The Software Operator uses additional data, which may be provided by the User or his device, in order to perform comprehensive services and guarantee access to functions offered on the Software within a web browser.
- The period of processing the User’s and the account data by the Software Operator is not longer than it is necessary to secure correct performance of the Service, that is from the moment of opening an account on the Software, up to thirty (30) days from the moment the User removes his account from the Service. The thirty-day (30) period of data processing is connected with the Software backup, used by the Software Operator to enable data integrity while rendering the Service. The period of data processing may be longer if the Polish or the European Law vests such a duty on the Software Operator.
- At opening an account on the Software and usage of the Web pages or the Service, the Software Operator informs Users on gathering and using the data. If necessary, the User is asked to express his consent for the said actions performed by the Software Operator.
§ 14 Purpose of data processing
- Data gathered by the Software Operator while using the Webpage or the Software is processed in the following scope and for the following purpose:
- Service Performance – User’s data will be processed in order to guarantee correct operation of the Software, in order to account Subscription fee and transfer documents, verification links, messages authorising access to the system and system notifications.
- Contact with the Customer Service and performance of technical assistance – User’s data will be used in order to contact the customer and to provide him with technical assistance. While performance of the service and provision of technical advice, the Software Operator may access all data present in the Settings, among others: account settings data, company data and its departments etc. Additionally, the User may grant the Software’s technical service access to the entrusted data, that is to tabs: Documents, Clients, Carriers, Products.
- Invoicing, transaction accounting and running business – User’s data will be used to issue invoice for the purchased Service. The data is to be processed in order to archive documents for the period stipulated by the Polish or the European law, including the Regulation. Such data is to be stored in a due manner and secured against illegal changes, unauthorised distribution, and corruption of the data or its damage. The data may be used for the purposes connected with performance of the audit functions and for other internal needs, such as technical problems diagnosis, Service administration.
- Sending information on the Service, commercial information and other purpose connected with promotion – User’s data will be used to send information on the Service: new functions and Software integrations, information on legal changes, system changes, to send commercial information, and to inform Users about currently available discounts and promotional actions available on the Software, as well as to inform about solutions offered by entities cooperating with the Software Operator. The Software Operator may use the possessed data in order to personalise communication concerning the service which may be interesting to the User. The User holds all rights to his data set forth in the Regulation. In order to use the rights, the User needs to contact the Software Operator, using the contact data provided in §15 or §16 herein. In cases where, according to the law, the Software Operator has the duty to gain consent to send communications, the User will be asked to express his consent for delivery of commercial materials.
- Safety of Users taking advantage of the Website, Software and protection the Software Operator’s rights and property – data on the way the Website or Software is operated, may be used by the Software Operator in order to prevent and detect possible abuse, fraud, breach of law or provisions of the Rules and Regulations, as well as to answer requests sent to the Software Operator from the authorised state agencies and to ensure coherence of the Software Operator activities with the applicable laws.
- Statistics and Service development – the Software Operator uses data concerning the way the Website or Software is operated by Users in order to improve understanding of the behaviours and their preferences. On the basis of this data, the Software Operator creates statistics and tries to understand which way of presenting the Service will me satisfying and attractive to Users.
- Enabling integration with other systems – the Software Operator processes the access data for applications integrated with the Software in order to transfer information to this applications, according to the operation rules of the integration started by the User.
- Other purpose – the Software Operator may use User’s personal data in a different way, informing the User each time about it. In case applicable laws require the Software Operator to gain additional consent to process such data, the Software Operator asks the User to give the consent.
- In order to secure data processing, the Software Operator uses organisational and technical means in line with the Polish and the European law, including the Regulation, and encrypted connections with SSL certificate.
§ 15 Contact with the Controller
Savesta Consulting sp. z o.o.
ul. Szczęśliwicka 2/26
support (@) supercmr.com
§ 16 Contact with the Data Protection Officer
Savesta Consulting sp. z o.o.
ul. Szczęśliwicka 2/26
support (@) supercmr.com
- Cookie files activity period
- Temporary cookie files – those are files which are automatically removed after a given validity date.
- Persistent cookie files – those are files active in the User’s web browser until they are removed by the User, what can be made at any moment.
3. The User holds the right to use the possibilities offered by each web browser to view, remove, limit and control the cookie files. To gain additional information, read the content of help or privacy/security settings available in the browser. Removal of the cookie files may, however, affect correct operation of the Software and its functionality.
- The cookie files as well as the pixel tags may be also used by third parties (e.g. Google, Facebook) to provide their own content or advertisement on web pages or Softwares, on the base of the files and its pixel tags.
- The Software Operator uses the following kinds of cookie files send by the User’s device:
- technical – necessary for proper operation of the Software, i.e. temporary files that save the user’s session and files enabling operation and improving operation of the Software;
- external – placed by external services used by the Software Operator and which the Software Operator has no influence on (e.g. social network);
- statistics – files that enable running statistics on the Software;
- advertising – in cases of advertising campaigns, in order to adjust advertisements to the user and save its settings.
§ 18 Procedure Concerning Complaints
- Complaints concerning operation of the Software shall be sent by e-mail to the following address: support (@) supercmr.com, or by traditional post to: Savesta Consulting sp. z o.o. ul. Szczęśliwicka 2/26, 02-352 Warszawa, Poland.
- The deadline for handling a complaint is fourteen (14) days from the receipt of the complaint by the Software Operator.
§ 19 Dispute Settlement
- User has the right to take advantage of the electronic form of the out-of-court dispute resolution, through European Union’s ODR platform (http://ec.europa.eu/consumers/odr), which enables making complaints and vindication of claims connected with the Contract concluded with the Software Operator. The platform offers comprehensive service to customers and entrepreneurs who aim at out of court dispute resolution connected with contractual obligations, resulting out of internet sale agreement of contract to provide services.
- Any disputes which may arise within performance of the Contract, the Software Operator shall resolve amicably and in cases amicable settlement is not possible, such disputes shall be resolved by a common court having its jurisdiction over the Software Operator’s seat.
§ 20 Changes to the Rules and Regulations
- The Software Operator reserves the right to introduce changes to the Rules and Regulations. The Users will be informed on each change to the Rules and Regulations.
- Provisions of the document enters into force on 20 April 2021 and alternates all previous written or oral arrangements, agreements and contracts concluded within the scope concerning personal data processing between the Software Operator and the User, which cease to have effect.