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HotDesks Terms of Service

In force since last updated

This is an informational translation. The binding version is the Polish original: Regulamin świadczenia usług HotDesks.

General Terms and Conditions of Use of the Platform

Preliminary provisions

The Terms set out the rules for using the HotDesks.pl portal, the rights and obligations of the User, as well as the rights, obligations and scope of liability of the Operator. The User is obliged to comply with the Terms and with the legal provisions currently in force. Use of the Platform by the User is tantamount to the User’s acceptance of the conditions set out in these Terms.

  1. Definitions The following meanings of the terms below are hereby adopted:

    • Administrator/Service Provider – CODESPIRIT SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office at ul. KAZIMIERZA WIELKIEGO 8/202, LUBLIN, 20-611 Lublin, Poland, holding tax identification number (NIP) 7123419591, entered into the register of entrepreneurs kept by the District Court Lublin-Wschód in Lublin, with its seat in Świdnik, 6th Commercial Division of the National Court Register under number 0000904221, REGON: 389073747. Should you have any doubts regarding these Terms, you may contact us at any time by sending a message to biuro@codespirit.pl

    • Platform – the HotDesks.pl service available through the Website (https://hotdesks.pl), operated and administered by the Service Provider. The Platform is intended for Users and enables the use of the Services provided by the Service Provider. Wherever the Terms refer to the Platform, this also means the software together with the graphical interface and the integrated databases, installed and operating on the Service Provider’s servers;

    • General Terms – these General Terms and Conditions of Use of the Platform;

    • Account – a set of resources maintained by the Administrator in which the User’s data and information about the User’s activities undertaken within the Platform are collected;

    • Account Maintenance Agreement – an agreement concluded between the User and the Administrator, by virtue of which the Administrator undertakes to maintain the User’s Account in the Platform, and the User undertakes to use the Platform in accordance with the provisions of the General Terms;

    • Company Account – an Account maintained by the Administrator for a Company User;

    • Price List – information published on the Website of the Platform about the current amount of fees due to the Service Provider for the use of the Services, depending on the Subscription Plan selected;

    • Subscription Plan or Subscription – a variant of access to the Services specified in the Price List, distinguished in functional and price terms;

    • Website – the website of the Platform available at: https://hotdesks.pl;

    • Personal data or data – personal data within the meaning of Art. 4(1) GDPR, i.e. any information relating to an identified or identifiable natural person, entrusted to the Administrator by the User for the purpose of performing the Agreement;

    • Terms – these HotDesks.pl Terms;

    • Service / Services – the service(s) provided by the Service Provider to the User by electronic means through the Platform, within the scope specified in the Subscription Plan selected by the Client. The detailed scope of the Services provided by the Service Provider to the Client is indicated in § 2(2) of the Terms

    • GDPR – 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);

    • Technical Break – a period of unavailability of the Platform to the User, caused by the performance of necessary activities related to the technical maintenance of the Platform;

    • u.ś.u.d.e. – the Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws of 2020, item 344, as amended);

    • Client/Organisation – an entrepreneur, legal person, organisational unit or other entity which creates a Company Account in the Platform, orders the Service or uses it in connection with its business activity or the activity of its organisation, and makes the Service available to its Users;

    • User/Service Recipient – an entity using the Platform in a manner not directly connected with its business or professional activity, and an entity to which legal provisions grant such status.

  2. Preliminary provisions The Administrator makes the Platform available, through which it provides the User with a service by electronic means in the manner and on the terms described in the General Terms.

  3. General Terms The General Terms set out the rules for:

    • using the Platform,

    • creating and operating an Account,

    • concluding a Space Booking Agreement on the HOTDESKS platform

    • concluding an Agreement for the Purchase of Services on the HOTDESKS platform

    • concluding an Agreement for the Purchase of Advertising Services on the HOTDESKS platform

    • issuing an opinion about the HOTDESKS platform

    • reporting infringements and complaints.

General provisions

  1. The Terms set out the conditions and rules for using the Platform and the Services made available through the Platform.

  2. The Terms constitute the terms and conditions referred to in Art. 8(1)(1) u.ś.u.d.e. The provisions of the Terms specify in particular the method of registration in the Platform, the conditions for using the Services and making payments, the rights and obligations of the Parties, as well as information of a technical and organisational nature.

  3. The Terms are made available by the Service Provider free of charge before the conclusion of the Agreement, through the Platform, in a manner enabling their content to be reproduced and recorded by means of the ICT system used by the Service Recipient. At the Service Recipient’s request, the Service Provider will deliver the Terms in their currently binding wording to the Service Recipient by electronic mail to the contact address indicated by the Service Recipient. Service Recipients may access the Terms at any time through the Platform and may download them and produce a printout.

Conclusion of the Agreement

  1. The agreement for the provision of the Service is concluded between the Client and the Service Provider upon the creation of a Company Account and the acceptance, by the person acting on behalf of the Client, of the Terms and of the documents indicated as an integral part thereof.

  2. Acceptance of the Terms takes place in electronic form and is tantamount to the Client declaring that it has read their content and undertaking to comply with them.

  3. The person creating a Company Account or accepting the Terms on behalf of the Client declares that they are entitled to act on behalf of the Client or have been authorised by the Client to perform this act.

  4. Where, in connection with the provision of the Service, the Service Provider processes personal data on behalf of the Client, the conditions of such processing are set out in Annex 1 “Entrustment of personal data processing”, which forms an integral part of the Agreement.

  5. Conclusion of the Agreement does not require the signing of an additional document in paper form, unless the Parties individually agree otherwise.

The Platform

  1. Content of the Platform The Platform enables the configuration of workstations, conference rooms and parking spaces, and makes it possible to book the above for users invited by the Administrator of the individual organisations (companies)

  2. Availability of the Platform The Platform is publicly available.

  3. Fees for using the Platform The Platform may be used in accordance with the Price List published at www.HotDesks.pl

  4. Changing a package from a lower one to a higher one takes effect immediately after the payment has been made via PayU. HotDesks is a prepaid service, and therefore the settlement date will be changed in proportion to the funds remaining from the last payment.

  5. Changing a package to a lower one takes effect after the end of the current subscription.

  6. In the event of a change from a paid subscription to a lower and free one, the system will behave as follows:

    • any bookings made under the paid subscription will remain visible in the system and will not be deleted; however, they will consume the booking limit of the selected subscription.

    • Bookings with a booking period extending beyond that of the new subscription will not be deleted; however, any new bookings may only be created in accordance with the selected subscription

    • The number of desks and/or conference rooms should be reduced in accordance with the newly selected subscription, otherwise desks will be randomly excluded from the pool of available workstations.

    • The number of available parking spaces should be adjusted to the limit under the selected subscription

  7. Current prices and package descriptions are available on the Website, in the user account, in the SUBSCRIPTIONS tab

  8. Technical requirements Using the Platform does not require the User’s computer or other device to meet any particular technical conditions. The following are sufficient:

    • a standard operating system,

    • a standard, up-to-date web browser,

    • an internet connection,

    • an active e-mail address, where the Administrator requires it to be provided.

  9. Functions of the Platform Through the Platform, the Administrator provides the User with a service by electronic means, consisting in providing the User with the possibility of:

    • browsing the content of the Platform and posting content in it,

    • creating and operating an Account in the Platform,

    • concluding an Agreement for the Booking of a desk, conference room or parking space.

  10. Prohibited use of the Platform If the User uses the Platform in a prohibited manner, i.e. contrary to the law, good practice or the provisions of the General Terms, the Administrator has the right to disable the user’s account. The Administrator of the Platform bears no liability for the actions of users that are contrary to applicable law and social norms.

  11. Account Using the Services available through the Platform requires the Service Recipient to register in the Platform (to create an Account). Registration in the Platform is tantamount to the Service Recipient’s acceptance of the provisions of the General Terms and to the Service Recipient’s undertaking to comply with them. Upon registration in the Platform, the Service Recipient further declares that it has read the Privacy Policy and the rules indicated therein concerning the processing of personal data by the Service Provider in connection with the use of the Services provided through the Platform. During the registration process in the Platform, the Service Recipient is obliged to provide an e-mail address and a password. The Service Recipient is obliged to verify the e-mail address.

  12. Account Maintenance Agreement Upon acceptance of the General Terms, an Account Maintenance Agreement is concluded between the User and the Administrator, by virtue of which the Administrator undertakes to maintain the User’s Account in the Platform, and the User undertakes to use the Platform in accordance with the provisions of the General Terms.

  13. The Account Maintenance Agreement is free of charge The Account Maintenance Agreement is free of charge.

  14. Completing data after creating an Account Immediately after completing the registration process, the Service Recipient is obliged to complete the data assigned to its Account in the Platform by indicating at least: its first name and surname or business name, and its residential address or registered office.

  15. Term and termination The Account Maintenance Agreement is concluded for an indefinite period, with the possibility of its termination by the User with immediate effect at any time, by sending the Administrator a statement by electronic mail.

  16. Payments The method of making payments is indicated in the Payment Terms available on the Website.

  17. E-mail address The User is obliged to use, in communication with the Administrator, the e-mail address provided when creating the Account or indicated by the User in the Account panel.

  18. Licence to use content By posting any content in the Platform or within the Account, including an image or trade mark, the User grants the Administrator a non-exclusive licence, unlimited in time and territory, to disseminate such content in the Platform, in the social media channels operated by the Administrator in connection with the Platform, and in the newsletter sent by the Administrator to its subscribers.

  19. Rights of the Administrator The Administrator is entitled at any time to verify the data contained in the Account and to take all required actions in this respect, including requiring additional data or statements. Pending clarification of the matter, the Administrator is entitled to block the Account.

  20. Change of the graphic design The Service Provider reserves the right to modify the technical manner of performing the Services (e.g. to change the graphic design), without impairing their quality or functionality, and without affecting the scope of the rights and obligations of the Parties.

Protection and security

  1. All confidential data concerning Users is transmitted using the encrypted HTTPS protocol. A particular risk associated with the provision of services by electronic means is the danger of unauthorised persons gaining access to, and interfering with, data transmitted over the internet. In order to prevent such dangers (including those consisting in the operation of various types of computer viruses, malware or spyware), it is important that the User of the Platform installs antivirus software on the Terminal Device through which it connects to the internet, and keeps it up to date.

  2. The User should not use Terminal Devices that are not secured against access by unauthorised persons, or use them in conditions that allow unauthorised persons to view the data processed through the Platform.

  3. Each User should additionally:

    a) use sufficiently strong passwords and not save passwords to the Platform or share access data (login and password) with persons not authorised to have them;

    b) change the password periodically in order to maintain the security of the access data;

    c) avoid clicking on suspicious links in e-mail.

  4. If any irregularities in the operation of the Platform, suspicious content, or any doubts as to the functioning of the Platform are noticed, the User should stop using the Platform and immediately inform the Service Provider of the irregularities noticed.

Updates to the Platform

  1. The Service Provider will exercise due diligence in keeping the Platform up to date, in particular with regard to changes in the generally applicable provisions of Polish law that affect the proper operation of the Platform or its individual functionalities. Any changes to the Platform are introduced taking into account the time needed for their implementation and the Service Provider’s production capabilities. The Service Provider bears no liability towards Service Recipients who are not Consumers for any damage that may arise from the inability to adapt the Platform to legal requirements within the time limits specified in the provisions of law.

  2. The Service Recipient does not incur additional costs for updates to the Platform beyond the Subscription paid.

  3. The Service Provider is entitled to update the Platform in all Subscription Plans or in those selected by the Service Provider.

  4. Updates to the Platform may introduce changes to its operation. The Service Provider informs the Service Recipient of significant changes through the Platform or the Website.

  5. After an update has been introduced, it is the Service Recipient’s obligation to ensure the current correctness of the documents issued and the reports generated.

  6. Updates to the Platform will be implemented in accordance with the purpose of the Platform assumed by the Service Provider and its development plan.

Rights and obligations of the Parties

  1. The Service Provider undertakes to exercise due diligence in order to ensure the correct operation of the Platform and the proper performance of the Services, as well as in order to protect the data and documents collected by the Service Recipient through the Platform.

  2. The Service Provider will make every effort to ensure that the Services are provided to the Service Recipient continuously, without disruption and in accordance with the conditions described in the Terms. However, the Service Provider reserves the right to introduce temporary interruptions in access to the Services for maintenance or repair purposes, or for the purpose of updating or expanding the Platform or the Services – insofar as these activities require such an interruption. The Service Provider will inform the Service Recipient of a Technical Break by means of a message posted in the Platform.

  3. The Service Provider is obliged to plan Technical Breaks in such a way that they are as least burdensome as possible for Users.

  4. The Service Provider reserves the right to post information about the provision of Services to a Service Recipient who is not a Consumer on the Service Provider’s Website and in the Service Provider’s information and marketing materials (including sales presentations), for the Service Provider’s information, commercial and promotional purposes. A Service Recipient who is not a Consumer consents to the Service Provider’s use of its logo and business name for this purpose.

  5. The Service Recipient is obliged to use the Services in a manner that does not disrupt their operation and in a manner consistent with these Terms, the generally applicable provisions of law, and any instructions or documents made available to the Client by the Service Provider in connection with the conclusion or performance of the Agreement.

  6. The Service Recipient is obliged to familiarise itself with the descriptions and instructions concerning the operation of the Platform and its individual functions, available on the Website or appearing while using the Platform.

  7. The Service Recipient is obliged to conduct its activity in accordance with the provisions of law and to process Personal Data in accordance with the GDPR.

  8. The Service Recipient is obliged to provide the Service Provider with true and up-to-date data and, in the event of a change, to notify the Service Provider thereof immediately, failing which the data previously indicated shall be deemed current. The Service Provider is entitled at any time to take action aimed at verifying the truthfulness and currency of the data provided by the Service Recipient.

  9. The Service Recipient has no right, without obtaining the Service Provider’s prior consent, to make the Services available to third parties for use on any basis (whether for consideration or free of charge), or to use the Services jointly with third parties, unless such a possibility has been expressly provided for in these Terms.

  10. The Service Provider bears no liability towards third parties in connection with such persons’ use of the Platform, unless those persons used the Platform in accordance with the provisions of the Terms.

  11. Technical, system and support information concerning the functioning of the Platform, not constituting commercial information within the meaning of u.ś.u.d.e., may be sent to the User’s e-mail address.

  12. The User is obliged to familiarise itself with the content of the messages and notices sent to it by the Service Provider and to follow any recommendations of the Service Provider given in those messages or notices, as well as to refrain from using the Services during periods designated for maintenance or update work – insofar as this follows directly from the content of the notice.

  13. The Service Recipient is liable for non-performance or improper performance of the Agreement and for infringement of the provisions of these Terms by its Users, i.e. the persons whom it authorises to use the Account, and is liable for the acts and omissions of the aforementioned persons as for its own acts and omissions.

  14. The User is prohibited from posting in the Platform content and data that are unlawful or contrary to good practice. In particular, it is not permitted to post in the Platform content infringing the copyright of third parties, content infringing the personal rights of others, or vulgar language.

  15. In the event of receiving an official notification or obtaining credible information about the unlawful nature of data posted by the User in the Platform or of related activity, the Service Provider is entitled to immediately prevent the User from accessing such data, in accordance with Art. 14 u.ś.u.d.e.

  16. Responsibility for the correctness, currency, completeness and lawfulness of the data entered into the Platform rests with the Service Recipient. The Service Provider does not control the correctness, manner or type of data entered by the Service Recipient and bears no liability in the event that the Service Recipient presents to the tax authorities a document generated through the Platform that was generated incorrectly or based on incorrect data.

Liability

  1. This paragraph of the Terms applies only to Service Recipients who are not Consumers.

  2. The Service Provider bears no liability, within the limits consistent with the applicable provisions of law, for damage resulting from: a. the User’s failure to meet the technical conditions for the Services referred to in these Terms; b. the absence of, or interruptions in, internet access on the User’s side; c. irregularities in the Users’ use of the Services, including failure to comply with the security rules described in the Terms; d. errors or omissions in the data provided by the Service Recipient or its User; e. the occurrence of a Technical Break, provided that the Technical Break does not exceed 48 consecutive hours; f. the occurrence of a Technical Break, as well as a permanent or temporary inability to provide the Services, resulting from causes beyond the Service Provider’s control or being a consequence of events for which the Service Provider is not responsible; g. the loss of access data (login and password) used to log in to the Platform; h. the User making access data (login and password) used to log in to the Platform available to third parties, as well as unauthorised persons gaining access to the Account as a result of the User using unsecured Terminal Devices; i. the User’s failure to verify the substantive correctness of the documents, reports and calculations generated in the Platform; j. the loss of data held in the Account, where that Account has been deleted on the terms provided for in these Terms; k. the loss of data held in the Account caused by force majeure or by circumstances attributable to the Service Recipient or its User; l. dangers associated with the use of the internet: hacking attacks, infection of the system by computer viruses or similar events; m. the User’s ignorance of, or failure to comply with, the provisions of the Terms; n. the User’s use of the Platform in a manner contrary to the generally applicable provisions of law; o. the Service Recipient or its User posting unlawful data in the Platform; p. the use, during the registration process, by an unauthorised person of the e-mail address of a person who has not consented thereto; q. and other circumstances for which the Service Provider is not responsible.

  3. The Service Provider’s liability under the statutory warranty is excluded.

  4. Irrespective of the provisions of paragraph 2 above, the Service Provider is liable solely for non-performance or improper performance of the Agreement, including the Services, which is a consequence of the Service Provider’s culpable and intentional conduct. The Service Provider’s total liability towards the Service Recipient is in each case limited to the amount of the current Subscription paid by the Service Recipient for the provision of the Services and covers actual damage only.

  5. The Service Provider is entitled to temporarily block the Client’s access to the Services or to selected functions of the Account in the event of an infringement, or a suspected infringement, by the Service Recipient or its User of the provisions of the Terms or of an infringement of the generally applicable provisions of law, as well as where action to the detriment of the Service Provider is established. In the case of Service Recipients who are Consumers, the Account is blocked after a prior ineffective request to the Service Recipient to cease the infringements, with an appropriate time limit set. During the suspension, the Service Recipient is obliged to take action aimed at removing the causes of its suspension and, once they have been removed, is obliged to inform the Service Provider thereof immediately. The Service Provider restores the Service Recipient’s access to the Services immediately after the cause of its suspension has ceased. Where the suspension of access to the Services lasts more than 30 (thirty) calendar days and the causes of its suspension have not ceased, the Service Provider has the right to terminate the Agreement with the Service Recipient with immediate effect. The statement on termination of the Agreement with immediate effect referred to above will be submitted to the Service Recipient in writing or by electronic means, to the details indicated in the User’s Account. Upon effective delivery of the statement to the Service Recipient, the Service Provider has the right to block or limit the Service Recipient’s access to the Account and to delete the Service Recipient’s Account. Subject to any contrary provisions of the Terms, in the event of termination of the Agreement with a Service Recipient who is a Consumer during the term of a Subscription Plan, the Service Recipient may request the Service Provider to refund the Subscription in an amount proportionate to the unused part of the Settlement Period. The refund amount will be determined as the product of the number of days remaining until the end of the Settlement Period and the daily rate of the Subscription. In the situations described in this point, a Service Recipient who is not a Consumer is not entitled to a proportionate refund of the Subscription paid for the unused part. The provisions of this paragraph do not prejudice the other rights of the Service Provider provided for in these Terms.

  6. The duration of the block does not extend the period of provision of the Services under the Subscription paid by the Service Recipient by the duration of the block.

  7. The Service Recipient acknowledges and accepts that the Platform constitutes merely a tool supporting the Service Recipient, and therefore the Service Provider bears no liability in connection with the business activity conducted by the Service Recipient.

  8. The Service Recipient hereby acknowledges and confirms that it undertakes to indemnify and hold the Service Provider harmless in the event of any losses, damages and reasonable costs incurred by the Service Provider as a result of third-party claims against the Service Provider arising from the use of the Platform by the Service Recipient or its User in a manner infringing these Terms.

Withdrawal from the Agreement

  1. This paragraph of the Terms applies only to Clients who are Consumers.

  2. Within 14 (fourteen) days of the date of conclusion of the Agreement, and within 14 (fourteen) days counted from the date on which the Service Recipient first paid the Subscription, a Service Recipient who is a Consumer may withdraw from the Agreement without giving any reason. The Service Recipient withdraws from the Agreement by submitting an unequivocal statement of withdrawal to the Service Provider. The statement may be submitted in electronic form, to the e-mail address: support@hotdesks.pl (the recommended form) or in writing, by sending the statement to the address of the Service Provider’s registered office. In order to meet the deadline, it is sufficient for the Service Recipient to send the statement before the expiry of the 14-day time limit.

  3. The Service Provider will immediately provide the Service Recipient with confirmation of receipt of the statement of withdrawal from the Agreement. The confirmation will be sent by electronic means to the Service Recipient’s e-mail address used to submit the statement and, where the statement was submitted in writing, to the Service Recipient’s e-mail address constituting its login in the Platform or to the e-mail address used for contact with the Service Recipient, assigned to its account in the Platform.

  4. Where a Service Recipient who is a Consumer submits a statement of withdrawal from the Agreement in the manner and within the time limit indicated in this paragraph, the Agreement is deemed not to have been concluded. The Service Provider will, within 14 days of the date of receipt of the statement of withdrawal, refund to the Service Recipient all payments made by it under the Agreement from which it is withdrawing (if applicable). The refund will be made using the same method of payment as originally used by the Service Recipient. The method of payment of the amount refunded to the Service Recipient may be changed only with the Service Recipient’s express consent.

  5. Withdrawal from the Agreement by the Service Recipient is tantamount to the deletion of its Account in the Platform.

  1. The User acknowledges that the Service Provider or its sub-suppliers hold all copyright to the Platform and its elements which have the character of works within the meaning of the Act of 4 February 1994 on copyright and related rights (Journal of Laws of 2022, item 2509, as amended). Any copying, dissemination or adaptation of the Platform or its elements, including the copying of photographs and other graphic materials and the reprinting of texts posted in the Platform without the Service Provider’s express written consent, constitutes an infringement of the aforementioned copyright and will meet with an immediate response from the Service Provider, including holding the User liable for damages.

  2. The User is entitled to use the Platform and other works posted in the Platform solely for the purpose and within the limits resulting from these Terms and from the functionalities made available to it by the Service Provider under the Subscription Plan selected.

Complaints

  1. The Service Recipient has the right to file a complaint concerning the Platform, including the Services provided through it. Complaints should be addressed to the Service Provider in electronic form, by sending them to the e-mail address: support@hotdesks.pl

  2. The method of filing a complaint indicated in point 1 above is mandatory and constitutes a condition for the effective filing of a complaint.

  3. A complaint should contain a description of the facts forming the basis of the complaint, data enabling the Service Recipient to be identified in the Platform, and an indication of the scope of the request together with a concise justification.

  4. Before filing a complaint, the Service Recipient is obliged to check whether the irregularities in the provision of the Services do not result from causes for which the Service Provider is not responsible, such as a failure to meet the technical conditions.

  5. The Service Provider replies to a complaint within 14 (fourteen) days, counted from the date of receipt of a valid complaint, i.e. one containing at least the information indicated in paragraph 3 above. In order to meet the time limit referred to in the first sentence, it is sufficient to send the reply to the complaint to the Service Recipient on the last day of the time limit.

  6. In the case of Service Recipients who are Consumers, where the Service Provider fails to reply within the time limit referred to in paragraph 5 above, it is deemed that the Service Provider has accepted the Service Recipient’s complaint.

  7. The Service Provider sends the reply to the complaint in electronic form, to the Service Recipient’s e-mail address provided in the Platform or to the e-mail address used for contact with the Service Recipient.

  8. Where the information provided by the Service Recipient does not allow the complaint to be resolved or requires supplementation, the Service Provider reserves the right to ask the Service Recipient to supplement the data concerning the complaint. In such a case, the time limit referred to in paragraph 5 above is counted from the date on which the Service Recipient supplements the information. Where it transpires that the problems with access to the Platform or the Services result from causes attributable to a Service Recipient who is not a Consumer, the Service Provider is not obliged to reply to the complaint filed.

  9. The Service Provider leaves without consideration any complaint that does not contain data enabling the Service Recipient to be identified.

  10. Once the complaint procedure has been exhausted, the Service Recipient has the possibility of pursuing its rights under general rules.

Amendments to the Terms

  1. The Service Provider reserves the right to introduce amendments to the Terms for important reasons, i.e.: a. caused by the need for changes in the technological, economic or organisational aspect of conducting the Service Provider’s activity; b. caused by the need for changes in the structure or content of the Platform or in the Service Provider’s offer; c. due to a change in the scope of the Services provided by the Service Provider, through modification, the introduction of new functionalities or Services, or the withdrawal by the Service Provider of existing functionalities or Services covered by the Terms; d. in order to ensure the security of the information obtained or processed in connection with the provision of the Services covered by the Terms; e. due to changes in the generally applicable provisions of law which affect the content of the Terms, including the rights and obligations arising from the Terms, or changes in the interpretation of the above provisions of law as a result of judgments of courts, decisions, orders, recommendations or guidelines of the offices or authorities competent in a given area; f. due to the need to adapt the Terms to the recommendations, orders, judgments, guidelines or decisions of the offices or authorities competent in a given area; g. due to the need to correct obvious mistakes or clerical errors, or to supplement gaps or inaccuracies in the Terms that cannot be removed by way of interpretation of the provisions contained therein;

  2. A change to the Price List does not constitute an amendment to the Terms and may be made by the Service Provider at any time. A change to the Price List does not affect the conditions of provision of Services already paid for.

  3. The Service Provider informs Users of proposed amendments to the Terms no later than 7 days before the proposed date of their entry into force.

  4. If, before the proposed date of entry into force of the amendments to the Terms, the User does not submit an objection to those amendments to the Service Provider, it is deemed that the Client has consented to them.

  5. The User has the right, before the date of the proposed entry into force of the amendments to the Terms, to terminate the Agreement with effect as of the date of entry into force of the amendments to the Terms.

  6. The statement on termination of the Agreement should be submitted in electronic form, by sending the statement to the Service Provider’s e-mail address: support@hotdesks.pl, or in writing, to the address of the Service Provider’s registered office: CodeSpirit Sp. z o.o., ul. Kazimierza Wielkiego 8 lok. 202, 20-611 Lublin. A statement on termination of the Agreement submitted in electronic form is deemed to have been submitted at the moment it was entered into the means of electronic communication in such a way that the Service Provider could read its content. A statement on termination of the Agreement submitted in a form other than electronic is submitted at the moment of its effective delivery to the Service Provider. Where the statement is delivered to the Service Provider after the date of entry into force of the amendments to the Terms, the Agreement is terminated on the date of delivery of the statement to the Service Provider.

  7. In the event of termination of the Agreement by a Service Recipient who is not a Consumer, the User is not entitled to a proportionate refund of the Subscription paid for the unused part of the Settlement Period.

  8. In the event of termination of the Agreement by a Service Recipient who is a Consumer, it may request the Service Provider to refund the Subscription in an amount proportionate to the unused part of the Settlement Period. The refund amount will be determined as the product of the number of days remaining until the end of the Settlement Period and the daily rate of the Subscription.

  9. An amendment to the Terms caused by an extension of the functionality of the Platform, of the functionality of existing Services, or by the introduction of new Services, does not constitute an amendment entitling the User to terminate the Agreement, provided that it does not adversely affect the rules of the Services provided under the Agreement concluded.

Final provisions

  1. Governing law and Polish jurisdiction These Terms have been drawn up in the Polish language. The Polish language version constitutes the sole basis for the interpretation of the provisions of the Agreement. The Agreement is governed by Polish law. In matters not regulated in the Terms, including in the annexes to the Terms (the Payment Terms), the generally applicable provisions of law apply. The User and the Administrator will first endeavour to resolve amicably any disputes arising from the use of the Platform. Where the parties are unable to reach agreement, the dispute will be resolved by the competent common court in Poland having jurisdiction over the Administrator’s registered office.

  2. Dispute resolution The Consumer has the possibility of using out-of-court methods of handling complaints and pursuing claims. The Consumer may also use the online dispute resolution platform (ODR).

  3. Consumer rights The Consumer may also have certain rights arising from the provisions on consumer protection.

  4. Personal data and cookies The Service Provider uses cookies (i.e. small text files which a website sends to the computer of a visitor or to another device connected to the internet in order to identify the visitor’s browser, or in order to save information or settings in the web browser) for the purpose of collecting information related to the Service Recipient’s use of the Platform. The provisions concerning the rules for the processing of personal data and the use of cookies are set out in the Privacy Policy.

  5. Correspondence Correspondence, including all notifications, information and other communications, will be provided to the User in the Polish language.

  6. Prohibition of assignment The Service Recipient has no right to transfer the rights and obligations associated with the performance of the Agreement, in whole or in part, to third parties without the Service Provider’s prior consent expressed at least in documentary form. The former Service Recipient is jointly and severally liable with the new Service Recipient for the settlement of all amounts due in connection with the use of the Account up to the date of transfer of the rights and obligations associated with the Agreement.

  7. Applicability of the General Terms The Administrator may specify, in the form of an annex to the General Terms for a given country, different provisions within the scope regulated by the General Terms.

  8. Invalidity of provisions of the General Terms/Terms A finding, in the manner provided for by law, that individual provisions of the General Terms/Terms are invalid or ineffective does not affect the validity or effectiveness of the remaining provisions of the General Terms/Terms. In place of an invalid provision, the rule that is closest to the objectives of the invalid provision and of the Terms as a whole will apply. Privacy and Confidentiality. The controller of personal data processed in connection with the PayU Service, within the meaning of Regulation (EU) 2016/679 of the European Parliament and of the Council (GDPR), is the payment Operator. Users’ personal data is processed in accordance with the applicable provisions of law by the payment Operator, for the purpose of providing services, archiving, and also for marketing purposes concerning the services and products of the payment Operator and of cooperating entities. A User using the PayU Service will not receive marketing and commercial information unless it consents thereto.

Annex 1 – Entrustment of personal data processing

This Annex forms an integral part of the Terms and of the agreement for the provision of the Service.

In this Annex, the terms “controller” and “processor” have the meaning given to them by the GDPR and are not the same as the term “Administrator” defined in the Terms, which denotes the Service Provider. Within the scope covered by this Annex, the controller is the Client and the Service Provider acts as the processor.

§1. Roles of the Parties and subject matter of the entrustment.

  1. To the extent that the Client provides the Service Provider with personal data, or enables the Service Provider to access personal data, in connection with the use of the Service, and the purposes and essential means of processing that data are determined by the Client, the Client acts as the controller within the meaning of Art. 4(7) GDPR, and the Service Provider acts as the processor within the meaning of Art. 4(8) GDPR.

  2. The Client entrusts the Service Provider with the processing of personal data to the extent necessary to provide, maintain, secure and support the Service in accordance with the Agreement.

  3. These provisions constitute a personal data processing agreement within the meaning of Art. 28(3) GDPR and form an integral part of the agreement for the provision of the Service.

  4. The Service Provider processes personal data on behalf of the Client solely for the term of the Agreement and for the period necessary to perform the obligations connected with the termination of the provision of the Service, including the erasure or return of the data in accordance with §13 of this Annex.

§2. Nature and purpose of the processing.

  1. The processing is automated and takes place in the Platform’s ICT system and in the systems used by the Service Provider to ensure the operation, security, maintenance and support of the Service.

  2. The purpose of the processing is in particular:

    • enabling Users to use the functions of the Platform;

    • handling bookings of desks, rooms, parking spaces and other resources;

    • managing resource availability and the structure of the organisation;

    • presenting history and data related to bookings;

    • generating reports and summaries available to the Client;

    • providing administrative, authorisation and access control functions;

    • maintenance, diagnostics, monitoring and securing of the Service;

    • providing technical support to the Client.

  3. The Service Provider is not entitled to use the data entrusted by the Client for its own independent purposes, unless a separate provision of law imposes such an obligation on the Service Provider, or the Service Provider has a separate legal basis and acts as the controller in relation to the given operation.

§3. Categories of data subjects.

The entrusted data may relate in particular to:

  • the Client’s employees;

  • the Client’s associates;

  • members of the Client’s governing bodies;

  • contractors, consultants and other persons authorised by the Client to use the Service;

  • guests or meeting participants, where their data is entered into the Service by the Client or by Users.

§4. Types of entrusted data.

Depending on how the Client configures and uses the Service, the entrustment may cover in particular:

  • first name and surname;

  • business e-mail address;

  • User identifier;

  • the name of the company, organisational unit, department, team or location;

  • information about the role and permissions in the Platform;

  • booking data, including the date, time, location and the resource indicated;

  • data of meeting participants, where the Client uses the participant handling function;

  • vehicle registration number, where the Client uses the parking space booking function;

  • technical information relating to access to the Service, to the extent that it constitutes personal data and is processed on behalf of the Client;

  • other data entered by the Client or by Users into the fields made available within the functionality of the Platform.

§5. The Client’s instructions.

  1. The Service Provider processes the entrusted data solely on the documented instructions of the Client, unless the obligation to process it arises from European Union law or the law of a Member State to which the Service Provider is subject.

  2. The documented instructions of the Client are deemed to include in particular:

    • the provisions of the Agreement and of this Annex;

    • the configuration of the Service carried out by the Client’s authorised administrators;

    • actions performed by authorised Users within the functionality of the Platform;

    • the Client’s requests directed to technical support, where handling them requires operations to be performed on the data.

  3. If the Service Provider considers that an instruction of the Client infringes the GDPR or other data protection provisions, it will inform the Client thereof without undue delay.

§6. Confidentiality.

  1. The Service Provider ensures that the persons authorised to process personal data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality.

  2. Access to the entrusted data is limited to persons for whom it is necessary in order to perform duties connected with the provision, maintenance, security or support of the Service.

§7. Security of processing.

  1. The Service Provider applies appropriate technical and organisational measures ensuring a level of security appropriate to the risk, taking into account the nature, scope, context and purposes of the processing as well as the risk of infringement of the rights or freedoms of natural persons.

  2. These measures include, as appropriate to the risk, to the architecture of the Service and to the scale of the Service Provider’s operations, in particular:

    • access control and authentication mechanisms;

    • permission management;

    • encryption of data transmission;

    • protection of the infrastructure and databases;

    • the making of backups and restoration mechanisms;

    • logging of events relevant to security;

    • ongoing updating of the software used and its components, and responding to identified vulnerabilities;

    • procedures concerning security incidents;

    • periodic review of the safeguards applied.

  3. A detailed description of the technical and organisational measures applied may be made available to the Client at its reasoned request, subject to the protection of confidential information and the security of the Service Provider’s infrastructure.

§8. Sub-processing.

  1. The Client grants the Service Provider general authorisation to engage sub-processors to the extent necessary to provide the Service.

  2. The current list of sub-processors is available at hotdesks.pl/en/subprocessors.

  3. The Service Provider ensures that obligations concerning data protection providing at least the level of protection resulting from this Annex are imposed on the sub-processor, to the extent required by Art. 28(4) GDPR.

  4. The Service Provider remains liable to the Client for the performance of data protection obligations by sub-processors, to the extent provided for by the GDPR.

  5. The Service Provider will inform the Client of any intended addition or replacement of a sub-processor at least 30 days in advance, electronically to the contact details of the Client or of the administrator of the Company Account. The information may also be made available by updating the list referred to in paragraph 2. The Client may raise a reasoned objection concerning data protection.

§9. Transfers outside the European Economic Area.

Where the provision of the Service involves the transfer of entrusted personal data to a third country or to an international organisation, the Service Provider ensures that a transfer mechanism compliant with Chapter V GDPR is applied, and informs the Client of such a transfer in the documentation of the Service or on the list of sub-processors.

§10. Handling the rights of data subjects.

  1. Taking into account the nature of the processing, the Service Provider assists the Client, insofar as this is possible and by appropriate technical and organisational measures, in fulfilling the obligation to respond to requests from persons exercising the rights laid down in Chapter III GDPR.

  2. If a data subject addresses to the Service Provider a request concerning data processed by the Service Provider on behalf of the Client, the Service Provider will forward that request to the Client without undue delay and will not respond to it on behalf of the Client, unless the Client gives an appropriate instruction or a response is required by law.

§11. Assistance with the Client’s obligations.

Taking into account the nature of the processing and the information available to the Service Provider, the Service Provider assists the Client, to the extent required by Art. 28(3)(f) GDPR, in fulfilling the obligations arising from Art. 32–36 GDPR, in particular those concerning the security of processing, the notification of breaches, the communication of breaches to data subjects and, where applicable, data protection impact assessments and consultation with the supervisory authority.

§12. Personal data breaches.

  1. Upon becoming aware of a breach of the protection of entrusted personal data, the Service Provider will inform the Client without undue delay, through the contact channel used to support the Client, in particular the support system or a channel available in the Service.

  2. To the extent that the information is available to the Service Provider, the notification will include the information enabling the Client to fulfil the obligations arising from Art. 33 and 34 GDPR, in particular a description of the nature of the breach, its likely consequences and the measures taken or proposed to address it.

  3. Where it is not possible to provide all the information at the same time, it may be provided in phases without further undue delay.

§13. Erasure or return of data after termination of the Agreement.

  1. After the provision of the Service has ended, the Service Provider, at the Client’s choice, erases or returns to the Client the entrusted personal data and erases existing copies thereof, unless the obligation to continue storing the data arises from European Union law or the law of a Member State.

  2. The return of data means providing the Client with the entrusted personal data within an agreed scope and in a format that enables its further use. Irrespective of the above, before the provision of the Service ends the Client may download booking data in CSV format on its own, using the export function available in the Service.

  3. Neither deactivation of the Company Account nor the Client’s ceasing to use the Service constitutes a request for the erasure of the entrusted personal data. The erasure or return of the data takes place on the terms set out in paragraph 1, after the provision of the Service has actually ended.

  4. Personal data may also be erased through its effective and irreversible anonymisation, if after anonymisation has been carried out the identification of the data subject is not possible using means that can reasonably be expected to be used. Anonymisation may be applied in particular in order to preserve the integrity of historical, statistical or settlement data.

  5. Data contained in backups is subject to erasure in accordance with the backup retention cycle applicable at the Service Provider. Until it is erased, it is not used for current processing or for purposes other than ensuring business continuity, restoring the system or ensuring its security.

§14. Information and audits.

  1. The Service Provider makes available to the Client the information necessary to demonstrate compliance with the obligations laid down in Art. 28 GDPR.

  2. In the first instance, that information may be provided in the form of security documentation, responses to a questionnaire, audit reports or other materials held which confirm the safeguards applied.

  3. If the information provided is not sufficient to reasonably demonstrate compliance, the Client may request an audit of the processing of data entrusted on its behalf.

  4. The audit should be conducted in a manner that does not compromise the security of the Service, the confidentiality of other clients’ data or the continuity of the Service Provider’s operations, after the date, scope and rules of the audit have been agreed.

  5. Unless the applicable provisions or the supervisory authority require otherwise, an audit may be conducted no more frequently than once a year, and its costs are borne by the Client, unless the audit reveals a material breach of the Service Provider’s obligations.

§15. The Client’s obligations as controller.

  1. The Client is responsible for the lawfulness of the processing of the personal data which it transfers to the Platform or the processing of which it commissions to the Service Provider.

  2. The Client ensures in particular that:

    • it has an appropriate legal basis for processing the data of Users and of other data subjects;

    • it fulfils the information obligations towards those persons arising from the GDPR;

    • it provides the Service Provider only with data that is adequate and necessary for the use of the Service;

    • the persons granting Users access to the data and functions of the Platform hold appropriate authorisations;

    • it does not issue the Service Provider with instructions that are contrary to law.

  3. The Platform is not intended for the processing of special categories of personal data referred to in Art. 9 GDPR, or of data relating to criminal convictions and offences referred to in Art. 10 GDPR. The Client should not enter such data into the Platform or use the Platform to process them, unless the Parties have expressly agreed in advance such a scope of processing together with the conditions and the required safeguards.

§16. Term.

These provisions apply throughout the period in which the Service Provider processes personal data on behalf of the Client in connection with the provision of the Service, irrespective of the reason for the termination of the Agreement, until the entrusted data has been erased or returned in accordance with this Annex.

§17. Processing parameters.

Item Value
Controller within the meaning of Art. 4(7) GDPR The Client using the Service
Processor within the meaning of Art. 4(8) GDPR CodeSpirit Sp. z o.o., ul. Kazimierza Wielkiego 8 lok. 202, 20-611 Lublin, Poland
Subject matter Processing of data in connection with the provision of the HotDesks SaaS service
Duration The term of the Agreement and the technical period for erasing data and backups
Nature Automated operations in an ICT system
Purpose Booking and management of resources, administration of Users, reporting, maintenance and support of the Service
Categories of data subjects In accordance with §3 of this Annex
Types of data In accordance with §4 of this Annex
Special categories of data Not required and not envisaged for the use of the Service
Location of processing As a rule the European Economic Area; a transfer outside the EEA may take place to the extent resulting from the use of the services indicated on the list of sub-processors, on the terms set out in §9
Retention after termination Erasure or return of the entrusted data after the provision of the Service has actually ended, in accordance with §13 of this Annex
Backup retention In accordance with the backup retention cycle applicable at the Service Provider
Sub-processors In accordance with the list at hotdesks.pl/en/subprocessors