Ostendi System Terms of Service

Information on the rules of use of the Ostendi System service

Terms of Service for the Ostendi System

These Terms of Service (hereinafter referred to as “Terms of Service”) set out the rules for the use of the “Ostendi System” including the type and scope of and conditions for the provision of services by electronic means, the conditions for the conclusion and termination of agreements for the provision of such services, as well as the complaint procedure. These Terms and Conditions are made available to the Service Recipient free of charge via www.ostendi.pl in a form that allows downloading, recording and printing of these Terms and Conditions.

Definitions

 “Service Provider” means “Ostendi Global Ltd.” with its registered office in Warsaw, ul. Piękna 44 lok. 1, entered in the register of the District Court for the City of Warsaw in Warsaw, XII Economic Department of the National Court Register under KRS number: 0000806907, owner of the “Ostendi System”, published by means of the website: www.ostendi.pl and ostendi.app; e-mail address: contact@ostendihr.com

“User” is an individual, legal entity or organisational unit without legal personality who views, downloads content or uses advertising, promotional, information services through the Ostendi System website. Users’ personal data is stored in individual online accounts on the Ostendi System, protected by a password. When an online account is created, the user of the System is given a login and an access password. The login identifies the person who will be given access to the data stored in the account. The Ostendi System makes every effort to ensure that the data stored in online accounts is duly protected. The Ostendi System does not make the personal data stored in online accounts available to third parties (except as provided by law).

“Visitors” – visitors to the website have the possibility to contact the Ostendi System by email, telephone and contact form. If such contact is made, the data that is submitted via this route will be retained in order to enable the Ostendi System to contact back and provide information regarding the solutions and services offered by the Ostendi System. Personal data will be passed on to the local Ostendi System consultant.

“Candidate” Individuals participating in recruitment processes share data for the purposes of these processes. A person may receive an invitation from a recruitment company to take psychometric tests in a recruitment from outside the company or as part of an internal assessment process. The information provided by the candidates is processed by the recruiting company (and the Ostendi System on its behalf), in order to analyse the application – if the person is an external candidate, or to make an assessment – if the person applies in an internal recruitment.  Once the analysis is completed, the data is processed and stored by the recruiter – the analysis administrator.

You consent to the processing of your personal data by the recruiter for recruitment purposes by ticking the relevant boxes and clicking the appropriate button. You can withdraw from the application at any time.

If the analysis concerns an employee already employed by the company conducting the analysis, the results of the analysis may be used by the employer for development purposes and/or transfers to other positions, and may also be made available to managers and team leaders, if so stated in the internal regulations of the company conducting the analysis.

“Content” is any material posted in the form of a digital file made available for a fee or free of charge on www.ostendi.pl and www.panel.ostendi.pl, for use in accordance with the terms of the Terms of Use, whether or not containing digital content protected by intellectual property.

 “Login” is the string of characters used to identify the User.

 “Password” is the sequence of characters established to guarantee authorised access to the requested Service.

 “Registration” is the entry into the Service Provider’s ICT system of the data necessary for the performance of the Service.

“Service(s)” – the services available to Users through the Service, such as browsing the pages of the Service including articles and audio/video material posted on the Service, using paid or free questionnaires made available by the Service, registering an account, logging into the Service under a registered account, using other features available on the Service at the time. The bespoke service includes the provision of questionnaires, recalculation of test results and reported test results with visualisation, as well as other services that will appear as the Service develops.

 “Account” – means the area on the Website available to a given User after logging in (providing Login and Password), through which the User enters and manages data, and through which the User can perform and undertake actions and operations related to functioning on the Website (e.g. activation and deactivation of particular services, etc.). Having an Account is necessary in order to benefit from the possibility of purchasing paid Content and storing User Content.

“Questionnaires” are the tools made available within the Service, the purpose of which is to measure the User’s characteristics according to the purpose and description of the particular questionnaire.

 “Report” is the result of the test generated on the basis of the User’s answers, given in graphic form with a description.

 “Package” means a product that allows, for the period indicated in the offer, the User to use a set of paid Content selected by the Service Provider.

“Service” means the Ostendi System – a service that can be used by Users for the use of ready-made and continuously created questionnaires with different themes and measurement techniques. All questionnaires (paid and unpaid) and surveys are stored within the Service, making the tests available to individual and business customers (online via a desktop web browser and via mobile devices). Human Resources-related articles, audio and audio-video materials and any other digital content such as e-books, audiobooks, etc. are distributed through the Service.

 “Paid questionnaires” – tools made available through the Service, the purpose of which is to measure the User’s characteristics in accordance with the purpose and description of the respective questionnaire made available on request after payment of a fee in accordance with the payment and promotion rules of the Service.

 “Free questionnaires” – tools made available within the Service, the purpose of which is to measure User characteristics in accordance with the purpose and description of the questionnaire in question.

General provisions

  1. Using the resources of the Ostendi System is tantamount to accepting the Terms and Conditions by the User.
  2. In matters not covered by these Terms and Conditions, the provisions of the Civil Code and other laws, in particular the Act of 30 May 2014 on consumer rights (i.e. Journal of Laws of 2020, item 287) and the Act of 18 July 2002 on the provision of services by electronic means (i.e. Journal of Laws of 2020, item 344) shall apply to the provision of services by electronic means.
  3. Rules not covered by the Terms and Conditions and concerning privacy policy are subject to the Privacy Policy and Cookies posted on the Website.

Description of Service

  1. Through the Ostendi System, the User may view Content, download reports or use advertising, promotional, informational services in the form of files, also downloadable to an electronic medium, and use them in accordance with the Ostendi System Terms and Conditions.
  2. The basic offer of the Service consists of questionnaires aimed at measuring broadly understood characteristics and behaviour of the User. Questionnaires may take the form of tests, such as: questionnaires, surveys or cognitive tests.
  3. The services are available to Users who have a user account in the Ostendi System, in addition, downloading reports for questionnaires requires payment. Paid services are not provided to Users who have not paid the relevant fee, except for special promotions.
  4. The Service may allow free access to a selected range of Chargeable Services under a promotion for a strictly limited period. The User will be informed of such an opportunity each time on the Website or by e-mail to the address indicated by the User, provided that the User agrees to this. Only Users who have a user account on the Website have access to the promotion.

Contract conclusion

  1. The conclusion of the contract for the provision of Paid Services offered by the Service Provider is effected by the signing of a cooperation agreement between the owner of Sutem Ostendi – Ostendi Global Ltd., with its registered office in Warsaw (00-672), Piękna 44/1, and the User of the service.
  2. Details of the Cooperation Agreement can be found in the Cooperation Agreement document.
  3. By signing the Cooperation Agreement, the User declares that the data provided therein is true and that he/she is familiar with these Terms of Use, accepts all the provisions of these Terms of Use and agrees to the collection, processing and use of the data provided in the Cooperation Agreement and made available in the Ostendi System by the Service Provider for administrative, statistical and marketing purposes in accordance with the applicable regulations on personal data protection. If personal data is provided, the User consents to the collection, processing and use of such data for the purpose of the Agreement and advertising, market research and research into the behaviour and preferences of the Service Recipients with the aim of improving the quality of services provided by the Service Provider, in accordance with the provisions of the Act on Providing Services by Electronic Means.
  4. In the event of a conflict between the provisions of the Agreement and the Regulations, the provisions of the Agreement shall apply.

Intellectual Property of the Service

  1. The User acknowledges that the Service as a whole and its parts, the individual Content, all graphics, trademarks, interfaces, sound clips, editorial content, scripts and software used to implement the Services, etc. contain proprietary information and material owned by the Service Provider and are protected under intellectual property protection and other laws. The User undertakes not to use such protected objects in any other way than in the context of using the Service in accordance with these terms and conditions. Under no circumstances is it permissible to reproduce the pages of the Service (its parts) and its contents, to modify them, to rent, lease, lend, trade, distribute in any way, create derivative works based on them. The User shall not use the Service or its parts and contents in any unauthorised way, especially by infringing property or burdening network capacity. The compilation of Content, advertisements, links to other sites and descriptions of the pages of the Service is not permitted. Unauthorised use of the Service Provider’s trademarks, graphics, logos is not permitted
  2. Violation of intellectual property rights and other rights referred to above shall render the User liable to civil and criminal prosecution – including the payment of monetary damages.
  3. The Service Provider reserves the right to change, suspend, terminate or disable access to any Content, or any part of the Service, at any time and without notice. The Service Provider shall not be liable for making such changes or exclusions.

Intellectual Property Rights

  1. The User does not have the right to reproduce, sell or otherwise market or distribute the Content downloaded from the Ostendi System, with the exception of the Reports, in whole or in parts, in particular to transmit or make available in computer systems and networks or any other data communication systems.
  2. The User acknowledges that the Content contained in the Service has a security system using technical solutions to protect digital information and that, regardless of whether the Content of the Service is subject to restrictions due to technical protections – the User should use it in accordance with the rules of use defined by the Service Provider and that any other use of the Content may constitute an infringement of copyright and related rights. The Service Provider reserves the right to change the rules for the use of Content via the Website. These changes will not apply to Content already acquired by the User. The User will be notified of any changes to the rules of use.
  3. The User agrees not to infringe, circumvent, modify, reverse engineer, decompile, disassemble or otherwise tamper with any part of the Content and the security system, nor attempt to do so or assist another person to do so, with the exception of the content of the Service made available under a Creative Commons licence allowing the type of use of the content in question. The Service Provider may control and monitor compliance with the rules of use and reserves the right to enforce compliance with the rules of use without notifying the User.
  4. All Content available on the Site that is subject to intellectual property protection is protected against illegal use.

Data export

  1. If the entity using the Ostendi System (the company commissioning the analysis) is outside the EU, it is possible to transfer the personal data stored on the website to countries where the law relating to data protection is not as extensive as in countries within the European Union, but the Service Provider makes every effort to take all possible steps to ensure that the same level of data protection applies within the European Union.

Privacy policy

  1. We guarantee the privacy of the data stored in the system. The information you provide can only be accessed by three potential groups of people:
  • The account user, selected to manage the account. While the username and password are stored securely, no other person, outside of the list below, has access to the information you provide.
  • Other persons to whom the information is sent on the instructions of the User on behalf of the company. The risk of this process is borne by the user and is related to the correct entry of the relevant email address.
  • The recruiter if the data is made available in the course of the recruitment process.
  • The service provider may, from time to time, carry out anonymous surveys using the data entered by users. This means that it is possible to analyse the performance of the candidates in conjunction with statistical analysis of large groups of people in the database. In connection with these surveys, the Service Provider does not contact the data subjects, nor do the people conducting the surveys.  In this process, it is impossible to identify the user (data anonymisation).
  • The service provider does not pass on the information provided by users to any other organisation.

Minimum hardware requirements for using the Site

  1. The Service Provider makes every effort to ensure that the Website operates correctly in its entirety, but does not guarantee that the Website services will operate flawlessly on every computer.
  2. Technical requirements for using the Website: access to the Internet, computer or mobile device with an installed web browser, screen resolution at least 800×600, having an e-mail account, User’s computer must have the option to accept “cookies” enabled. The Service Provider shall not be liable for any problems resulting from the use of browsers not meeting this requirement.
  3. In order to use the Website, compatible hardware, access to the Internet (or other distribution platform) and certain types of software are required; updates may be required; these factors may affect the ability to use the Website. Access to a high-speed internet connection is particularly recommended. The User accepts these requirements without reservation and is responsible for meeting these requirements, which may change.
  4. Violations of the security system or network are subject to criminal and civil liability.

Complaints regarding the provision of the Service Provider’s services

  1. Complaints on account of incorrect playback of Content, defects in downloaded files and irregularities in the paid Questionnaires displayed should be submitted to the Service Provider via email or the contact form available on the Website.
  2. Complaints about the failure to display Paid Content despite payment should be reported directly to the Service Provider at the email address: pomoc@ostendi.pl
  3. The complaint submission should include email address and description of the subject of the complaint, including the date and time of the problem, title of the material to which the problem refers,
  4. Complaints regarding damage in downloaded files shall only be considered with respect to Users who used the original Password to play the Content.
  5. Correctly reported complaints will be considered no later than within 14 working days counted from the moment of receiving information about the irregularity, and in particularly complicated cases no later than within 20 working days.
  6. The Service Provider undertakes to make the Content available without defects.
  7. The Service Provider does not guarantee the quality of the digital files made available.Service provider’s obligations and responsibilities

Service provider’s obligations and responsibilities

  1. The Service Provider reserves the right to a short technical interruption in the operation of the Website. The Service Provider shall make every effort to ensure that such interruptions occur as infrequently as possible.
  2. The Service Provider reserves the right to temporarily shut down the Service for the purpose of repair, expansion, modification or maintenance of hardware or software, without prior notice to the Users.
  3. The Service Provider shall not be liable for any benefits lost by the User or third parties due to the aforementioned interruptions or disruptions in the provision of services.
  4. The Service Provider shall not be liable for non-performance or improper performance of the Services if this is caused by third parties (in particular telecommunications operators, providers of telecommunications lines and electricity). This also applies to damage caused by computer viruses and other such software.
  5. The Service Provider shall not be liable for the loss by the User or the coming into possession by third parties (irrespective of the manner of coming into possession) of the User ID or Password enabling the User to use the Website.
  6. The Service Provider shall not be liable in any way for the manner or consequences of the User’s use of Content obtained through the Website.
  7. The Service Provider shall endeavour to protect User information provided in connection with the use of the Website, including against illegal use.
  8. The Service Provider shall not be held liable, in particular civil, criminal and administrative liability, for the User’s use of the Website contrary to the provisions of these Terms and Conditions.
  9. The User gains access to his/her Account after entering a correct Login and Password in the form, which the User sets on his/her own when registering on the Site. The User undertakes to keep the Password secret. The User shall protect his/her Password from being disclosed to third parties. It is forbidden for Users to lend, sell or make public the Password. Upon termination of the session / Work, the logged-in User is obliged to log out of the Service by selecting the “Logout” option. The User releases the Service Provider from any responsibility for the loss of the Password.

Rules of communication

  1. Contact with the Service Provider is possible by e-mail at pomoc@ostendi.pl.
  2. The Service Provider receives comments and requests from Users between 9:00 a.m. and 5:00 p.m., on working days only.
  3. The Service Provider’s offer will expand over time. Technologies, standards and business requirements will also change.

Newsletter

  1. The User may wish to receive information on the Site and other activities of the Service Provider by e-mail.
  2. The User registers his/her intention to use the service by entering his/her e-mail address in the form available on the main page of the Site and by accepting these Terms and Conditions and the provisions of the Privacy Policy and Cookies.
  3. By providing an electronic address, the User consents to the Service Provider sending the User commercial information originating from the Service Provider.
  4. Detailed information on personal data protection is contained in the Privacy and Cookies Policy, available on the Site.
  5. Opting out of the newsletter service requires a connection to the Service Provider’s website using the web address at the end of each message sent as part of the performance of the Service.

Amendment of Terms and Conditions

  1. The Service Provider reserves the right to unilaterally amend the Terms and Conditions. Amendments shall enter into force on the day they are made available on the website.

Additional provisions

  1. The Service Provider reserves the right to take immediate steps to enforce or verify the correct use of the Website or parts thereof or the correct implementation of these provisions. To this end, the Service Provider has the right to disclose personal data to representatives of the law, public authorities or third parties if such disclosure is necessary for proper enforcement.