Advisio Platform Regulations
Article 1. Subject of the Regulations
- These regulations determine the principles of use of any resources collected on the Advisio Platform website and services provided via this website.
- These regulations should be also treated as regulations of services provided electronically, referred to in Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (‘Directive on electronic commerce’).
- The Regulations determine in particular:
a. types of electronically provided services,
b. scope of electronically provided services,
c. conditions of providing services electronically,
d. principles of personal data protection,
e. complaint procedure.
- The Regulations shall apply only to services provided electronically with regard to users using the Internet website called Advisio Platform, at http://www.advisio-world.net, hereinafter referred to as the Platform.
- The Regulations do not apply to services provided in a different way by Advisio Sp. z o.o. based in Krakow, nor to any services provided electronically by Advisio Sp. z o.o. based in Krakow via other web domains than indicated in passage 4 above.
- The User expresses their consent to apply the Regulations while using the Platform.
- The User is obliged to observe the principles of these Regulations upon commencement of using the Platform.
- In the case when the User does not agree with any provision of the Regulations, he or she is obliged to stop using the Platform immediately.
- Electronic provision of services via the Platform is subject to the provisions of the Polish law, including the Act of 18 July 2002 on electronic provision of services and the Act of July 2002 on protection of certain electronically provided services based on or consisting in conditional access.
Article 2. Responsible Entity
The Internet service called Advisio Platform is operated by a company under the business name “Advisio Sp. z o.o.” based in Krakow, ul. Browarniana 23, hereinafter referred to as “Advisio”.
Article 3. Using the Advisio Platform
- The right to use the Platform is vested upon the Users, namely:a. Consultants delegated by the Advisio Consortium Partners, that is by Business Entities which have entered into a Partnership Agreement with Advisio,b. Persons authorized by Consultants,
c. Participants of organizational development processes moderated by the Consultants.
- In order to use the Platform, the Consultant must meet the following requirements:a. have at least one Advisio tool certificate,b. up-to-date Partnership Contract concluded between Advisio and the Business Entity whose representative is the Consultant.
- The Consultant authorized to access the Platform may give further authorizations to browse and edit the data stored on the Platform.
Article 4. Advisio Platform Functionalities
- The Platform allows Consultants and Persons authorized by the Consultants to moderate organizational development processes according to the methodology made available to Consultants by Advisio during certification programs.
- The Platform allows Participants of organizational development processes moderated by Consultants to provide answers in forms and web questionnaires transferred to Participants by Consultants via the Platform.
- The User’s right to obtain, on the current basis, individual information concerning the operation and the structure of the Platform, as well as other information constituting Advisio’s business secret, is hereby excluded.
Article 5. Commencement and End of Use of the Services
- Use of electronically provided services commences upon receiving the data provided by Advisio via the Platform.
- Promptly after commencement of use of the services by means of the Platform, the User is obliged to become familiar with the content of the Regulations. The Regulations are available online, and there is a possibility to save them on a separate memory carrier.
- End of use of the Platform takes place:a. in the case of Consultants and Persons authorized by them: at the time of removing the account,b. in the case of Participants of organizational development processes – at the time of discontinuing data transmission with the use of the Platform.
- The Regulations of the Platform are compulsory until the time of the User’s passage to another page not being part of the Platform, even if the passing has taken place by means of a link on the Platform.
- In any moment the User has the possibility to end using the services provided by means of the Platform.
Article 6. Liability
- The User bears sole liability for the content posted by them on the Platform, including any possible breach of third party rights and any damage to them caused in connection with posting any specific content.
- Advisio bears no responsibility for actions or omissions of its users, in particular for actions undertaken by them as a result of performing the profession of the Consultant, including for any possible damage caused to third parties.
- It is forbidden to post materials and statements on the Platform which violate the Polish and international law, or call for racial, ethnic, religious and other hatred, containing pornographic, fascist, or vulgar content, promoting stimulants or violence, offending religious feelings, compromising rights of other persons etc.
Article 7. Intellectual Property Rights
- Advisio Platform, along with functionalities sets, separated in its structure, referred to as “Tools”, is a piece of original work subject to protection of copyright.
- All graphic, text and other elements, comprising the content and form of Advisio Platform, are subject to protection of copyright.
- Items used by Advisio to offer services provided via the Platform: substantive solutions, research methods, content and design of questionnaires, content and design of report templates, constitute (subject to passage 7 below) the object of exclusive proprietary rights and/or patent rights of Advisio.
- Any trademarks and individualized marks being part of the content presented on the Advisio Platform are subject to protection stipulated in the industrial property law.
- Legal protection also covers the name “Advisio Platform ” and names of functionalities sets separated in its structure, referred to as “Tools”.
- The User will not:a. make a decompilation, either in full or in part, of the software of the Platform form output code to source code,b. modify, translate, change the layout, combine or integrate or alter in any other manner, either in full or in part, the Platform software,
c. create any software copying the functionalities of the Platform.
- Upon the expiry of the Individual License, Advisio transfers the proprietary rights to the copy of the report generated on the basis of the given Individual License, to the Consultant. Transfer of the proprietary rights authorizes the Consultant to use them in the following fields of exploitation: processing, recording, duplication using any technique, introduction into market, introduction into computer memory, public performance or public reproduction, exhibition, introduction into a computer network, introduction into the Internet.
- Any contents, materials, studies and documentation posted on the Platform by the Consultant are the property of the Consultant.
Article 8. Telephone Calls Recording Authorization
- The Consultant gives their authorization for the registration of telephone calls with their participation in the course of using the telephone technical support regarding use of the Platform.
Article 9. Protection of Conditional Access Service
- The service described in Article 4, passage 1 of these Regulations is a service based on conditional access as defined by the regulations of Directive 98/84/EC of the European Parliament and of the Council of 20 November 1998 on the legal protection of conditional access services.
- The User using a conditional access service , is obliged to keep the password allowing use of this service confidential from third parties. In the case of disclosure of the password to a third party, the liability in this respect shall be borne exclusively by the User.
- The password and login to use the account on the Platform are authorizations to use the conditional access service as defined in Article 2 item 3 the Act of July 2002 on protection of certain electronically provided services based on or consisting in conditional access.
- Unauthorized attempts to use the service mentioned in Article 4 passage 1 above, constitute an offence and as such will be reported to competent authorities, pursuant to the provisions of the Polish Act of July 2002 on protection of certain electronically provided services based on or consisting in conditional access.
Article 10. Technical Requirements
- Correct and uninterrupted use of the Platform requires the User to have at least:a. a personal computer,b. connection to the public data communications network,
i. Internet Explorer – version 7 or 8,
ii. Firefox – version 2, 3 or 3.5.
- Having hardware or software different than indicated in passage 1 above does not guarantee access to the Platform and proper and undisturbed use of the Platform.
- In the case of the User’s failure to adjust the configuration to the configuration indicated in passage 1 above, Advisio bears no liability for impossibility touse the Platform or incomplete use of the Platform.
Article 11. Particular Hazards and Risks
- Use of the Platform does not involve particular hazards related to electronically provided services for the User, apart from those which are common when using public data communication networks.
- Advisio’s liability is exclusive of damages to the User’s hardware and software caused by use of the Platform, unless they have been caused directly by defective operation of the Platform, in particular if their cause is:a. wrong or improper configuration of the User’s hardware or software,b. inadequate protection of the User’s computer system against any kind of unwanted computer software (in particular viruses and Trojan horses),
c. attempts to make prohibited use of the Platform,
d. the User’s actions being in conflict with the principles of operation of computer systems and use of public data communication networks.
- Advisio is not liable for any damage caused for reasons for which Advisio or persons operating by agency of Advisio do not bear liability.
- As much as it is possible to assign liability to Advisio, it will bear such liability only for damages caused through intentional fault. The liability for damages arising as a result of negligence or thoughtlessness is excluded.
- Advisio bears no liability on the principle of risk.
Article 12. Cookies
- Advisio uses “cookie” files for the purpose of identification of Users.
- Cookie type files are installed in the User’s data communication system , by Advisio’s data communication system, and they can be read only by this system and are used to identify the User.
- The User expresses their consent to the installation of cookie type files in their data communication system by Advisio’s data communication system.
- The User expresses their consent to reading the installed cookie files by Advisio’s data communication system and creating the User’s behavior profiles by Advisio with their help.
- The User’s behavior profiles will be used by Advisio for marketing, promotional and market research purposes, related to the Platform.
Article 13. Personal Data and Personal Data Protection
- Users’ personal data are subject to protection.
- Advisio gathers and processes personal data of the Users to ensure proper provision of services with the use of the Platform.
- The User expresses their consent to gathering and processing the User’s personal data by Advisio.