I. Definitions
- System (or alternatively System Dew-X): an IT system called Dew-X which is a platform for creating and managing the flow of documents, cases or tasks in Organizations. The use of the System, due to the creativity of the Users, may go beyond the character defined above.
- Organization: a formal entity (company, institution, foundation, association, etc.) or informal (e.g. a social group) defined for the purpose of using the System.
- Regulations: these regulations for the provision of electronic services, referred to in Art. 8 of the Act of 18 July 2002 on the provision of electronic services (Journal of Laws of the Republic of Poland of 2002 No. 144, item 1204, as amended), specifying the terms of using the Dew-X System.
- User: any person who undergoes the registration process in the System, including, inter alia, accepting the Regulations.
- Operator: BlueDew Sp. z o.o. with headquarters in Gdańsk at ul. Szafarnia 11 / F8, entered into the Register of Entrepreneurs kept by the District Court Gdańsk-Północ in Gdańsk, 7th Commercial Division of the National Court Register under the KRS number 0000546208, with the tax identification number (NIP) 5833176671.
- System Administrator:
6.1. A user who created his own Organization in the System and thus became the Owner of a given Organization, entitled, inter alia, to accept and manage its members (other Users), including granting them administrative rights.
6.2. The entity on behalf of which the User has purchased and paid for a paid service, while the given User remains an authorized representative of this entity, retaining all the rights of the Owner of a given Organization.
6.3. Operator in relation to Organizations that exist in the System but were not created by Users, eg Dew-X. - GDPR – Regulation (EU) 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 repealing Directive 95/46 / EC.
II. Registration
- The System is available online at https://workflow.dew-x.com/ and indirectly via https://dew-x.com/ and other Operator’s websites.
- The System User (hereinafter the User) may be any person who undergoes the registration process, including, inter alia, accepting these Regulations (hereinafter the Regulations).
- In order to use the System, the Participant creates an account in the System by providing the following data:
3.1. Name
3.2. Last name
3.3. E-mail
3.4. Password (at least 8 characters, including at least one uppercase letter, one lowercase letter, one number and one special character); the password must be entered twice and submits a declaration (by checking the checkbox) about reading and accepting these Regulations and consenting to the processing of his personal data. The e-mail address provided by the User is a unique identifier and may be used only for one account. - Confirmation of the acceptance of the application is an automatic message sent by the System to the indicated e-mail address containing the activation link.
- Successful setting up of an account will allow you to log into the System using your e-mail address and password.
- The system password can be reset.
- Each User automatically becomes a member of the Dew-X Organization and potentially others created by the Operator. These organizations can be used to support processes related to the functioning of the System, e.g. to report errors, comments, ideas, correspondence, settlements, etc.
- The User may join the Organizations already existing in the System by searching for them and declaring their willingness to join, or create new, own Organizations.
- Organization names defined by Users are not unique – they get it only after the System adds the “#” sign and a sequence of numbers to the defined name.
- The User may delete his account in the System from the System menu level, which should be understood only as the inability to log into the System.
- In order to definitively delete personal data, please send a notification to the Operator at the following e-mail address: hello@dew-x.com or by post to the Operator’s correspondence address indicated in the Definitions.
- Deletion of the User’s account referred to in paragraph 10 above may involve the deletion of all the Organizations that have been created by him, which means that other members of these Organizations will not have access to them, including data and history of operations. . In special cases, in consultation with the Operator, it is possible to assign the Organization to another User.
III. Users’ rights in the Organization
There are many roles and permissions of Users in the Organization in the System. The User creating a given Organization becomes its Owner (Owner). He has the widest powers, including the right to grant permissions, also administrative permissions, to other members of a given Organization.
IV. Technical requirements and safety
- In order to use the System, the User should, on his own, provide a device with Internet access, equipped with a browser that enables displaying HTML documents on the screen of the device, and an e-mail account.
- The Operator recommends that the User only use devices equipped with a firewall and a self-updating anti-virus program.
- The user should not use devices that are not protected against access by unauthorized persons or in conditions enabling access to data by third parties.
- The user should install the available program updates, referred to in points 1-3 above, on an ongoing basis.
- A password that meets the requirements described in point 3.4. in Chapter II, should be protected by the User against disclosure to unauthorized persons, and in the case of suspected disclosure, immediately changed in the System.
V. Data in the System
- Data (documents, other files, content, etc.) entered by the User into the System are the property of the System Administrator of the given Organization.
- The Operator pays attention to and recommends the System Administrator to be careful in inviting other people to their Organizations, accepting requests to join the Organization and transferring data to other Users in the process of document, case and task flow.
- Without the consent of the System Administrator, the Operator will not use the data (documents, other files, content, etc.) entered by Users into the process forms of a given Organization, except for those necessary for the functioning of the System.
- The Operator hereby informs the User about the prohibition of placing illegal content by the User in the System.
- Information on personal data can be found in the chapter Personal data protection, further in the Regulations.
VI. Data storage
- The operator informs that in order to obtain the highest possible quality and security level of cloud solutions, he concluded an agreement with Operator Chmury Krajowej Sp. z o.o. with headquarters in Warsaw at ul. Grzybowska 62, 00-844 Warsaw, entered into the Register of Entrepreneurs of the National Court Register under KRS number 0000770202, the registration documentation of which is kept by the District Court for the Capital City of Warsaw in Warsaw, 12th Commercial Division of the National Court Register, NIP: 5252775789, REGON: 382039032.
- The Dew-X system is located on the Google Cloud Region Warsaw platform.
- The operator may at any time change the solution provider and platform, and also use multiple suppliers and solutions in parallel.
VII. Services offered free of charge
- The idea behind the Dew-X System is to enable its use free of charge, subject to the provisions of point 2 and chapter VIII. below.
- For Organizations created by a given User, the Operator has provided a certain amount of disk space offered free of charge. Once used, these Organizations will not be able to add new documents or generate operations until disk space is cleared or additional space is purchased.
- A user who is a member of an Organization that you are not the owner of does not use his space limit when performing operations in it.
- The current values of disk space and other services offered free of charge are presented at https://dew-x.com/en/pro-publico-bono/
- The conditions for the purchase of additional space and other services are presented at https://dew-x.com/en/space/
- Users acknowledge and accept the fact that by using the System free of charge, documents and other data are stored on a shared server purchased by the Operator from an external service provider.
- As part of the free package, the Operator does not offer data backup services and is not responsible for any loss of data, including documents, files, history of operations, etc. located in the System.
- The operator may also offer other free additional services, e.g. plugins, process templates, etc.
VIII. Paid services
- The User may purchase additional services offered by the Operator, including:
1.1. Increasing the amount of disk space
1.2. Renting a separate server (virtual machine) or a dedicated server
1.3. File backup - The Operator recommends that wherever the data entered into the System are of special value, they are confidential, contain personal data, etc. decide on the solution referred to in point 1.2. and for a backup copy (section 1.3 above).
- Sale of the space expansion service referred to in point 1.1. above is carried out inside the System at https://workflow.dew-x.com/ and is available only to logged in Users.
- The user who makes the purchase referred to in point 3 above may apply for a VAT invoice by selecting this fact on the purchase form (check-box) and providing the invoice details.
- Payments for the services referred to in point 1.1. above are processed in advance through the payment operator.
- The payment operators are: PayPro SA with its registered office in Poznań at ul. Pastelowa 8, 60-198 Poznań, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court Poznań Nowe Miasto i Wilda, 8th Commercial Division of the National Court Register under KRS number 0000347935, NIP number 7792369887, with share capital of PLN 5,476,300.00 , fully paid up, entered in the register of national payment institutions kept by the Polish Financial Supervision Authority under the entity number in UKNF IP24 / 2014, as a national payment institution and PayU S.A., based in Poznań, 60-166 Poznań, at 186 Grunwaldzka Street, entered in the Register of Entrepreneurs kept by the District Court in Poznań – Nowe Miasto and Wilda in Poznań, VIII Economic Department of the National Court Register under the KRS number 0000274399, holding the tax identification number NIP 779-23-08-495; a national payment institution supervised by the Polish Financial Supervision Authority, entered in the Register of Payment Services under the number IP1/2012.
- The operator can change the payment operator at any time or use many simultaneously.
- Sale of services referred to in points 1.2. and 1.3. above is not automated and requires contacting the Operator before purchasing them to determine the terms of the purchase.
- If the User provides data for the VAT invoice, the User declares that he is entitled to represent the indicated entity in the scope of services to which the order relates. In special situations, the Operator is entitled to verify these authorizations.
- The entity on behalf of which the User has purchased and paid for the paid service becomes the System Administrator, while the given User remains an authorized representative of this entity.
- The purchase of the services referred to in point 1. does not include providing the User with administrative rights to access and manage the server.
- The contract is concluded at the moment of confirming the posting of funds on the Operator’s account.
- VAT invoices are issued and sent to Users by e-mail to the addresses provided in the registration process after receiving the payment.
- The operator may also offer other paid additional services, e.g. plugins, process templates, configuration services etc.
- The current offer of services is presented at https://dew-x.com/en/space/
IX. Information on the exercise of the right of withdrawaly
Instructions on withdrawal from the contract
- Pursuant to Art. 27 of the Act on consumer rights of May 30, 2014 (Journal of Laws of the Republic of Poland of 2014, item 827):
1.1. Consumer and Entrepreneur with Consumer rights (a natural person running a sole proprietorship, concluding a contract directly related to the business activity, when the content of this contract shows that it is not of a professional nature for him, resulting in particular from the subject of his business activity) who concluded a distance contract may withdraw from it within 14 days without giving any reason.
1.2. The deadline to withdraw from the contract expires after 14 days from the conclusion of the contract.
1.3. In order to meet the deadline to withdraw from the contract, it is enough for you to send information regarding the exercise of your right to withdraw from the contract before the deadline to withdraw from the contract.
1.4. The declaration of withdrawal from the contract may be sent to the Operator’s address indicated in the definitions of these Regulations or by e-mail to the address info@bluedew.pl
1.5. The declaration may be submitted on the form, the specimen of which is available at here or on another form in accordance with the template constituting Annex 2 to the above-mentioned Act.
1.6. The operator, no later than within 14 days from the date of receipt of the consumer’s statement on withdrawal from the contract, will return to the consumer all payments made by him using the same method of payment as used by the consumer, unless the consumer expressly agrees to a different method of return that is not binding up for him at no cost. - If you wish to withdraw from the contract, the User acknowledges that he should reduce the occupied disk space earlier by removing unnecessary processes or their instances, so that at the time of withdrawal from the contract, he does not occupy the space that is the subject of the contract from which he wants to withdraw, because any services provided within its framework will no longer be provided, which means that some or all data (documents, other files, content, etc.) entered into the System by the User and other members of his Organization, as well as the history of operations, may be irreversibly deleted by Operator without assessing their validity or suitability.
X. Cessation of Services
- The Operator may cease to provide services, including deleting the User’s account and Organizations created by him along with Data and history of operations in the following cases:
1.1. The User resigns from further use of the System
1.2. Withdrawal by the User of consent to the processing of personal data
1.3. User breaches of the provisions of these Regulations
1.4. Committing by the User of actions aimed at violating the security of data contained in the System or making unauthorized attempts to access the System
1.5. Performing illegal activities by the User
1.6. Actions by the User to the detriment of the Operator or other System Users
1.7. In other particularly justified cases - In the cases referred to in point 1. above, the User is not entitled to any claims from the Operator, even with regard to the services for which the User has paid.
- With regard to free services, the Operator may delete the User’s account, including removing the Organizations created by him, together with Data and history of operations, in the event that the User’s e-mail address is not active (incoming mail is not supported) and in the case of a long-term (over 3 months) of inactivity (understood as not creating or not performing tasks) in Organizations created by this User and by a given User in other Organizations.
- In the cases referred to in point 3. above, the User is not entitled to any claims from the Operator.
- With regard to paid services, in the event of failure to pay the amounts due for them on time, the Operator may discontinue their provision.
- The Operator may stop offering the System, both for free and paid services, with the proviso that in the case of pre-paid services, it will be obliged to maintain them at least until the end of the period for which they were paid or to return the remuneration for the unused part in proportionate height.
XI. System availability and complaints
- The system is available around the clock. The operator reserves the right to breaks resulting from the maintenance of the System, uploading changes or caused by random events.
- The Operator shall make every effort to ensure the proper functioning of the System in technical, formal and legal terms.
- The Operator undertakes to immediately repair any defects that hinder or prevent access to the System.
- All complaints should be reported by e-mail to the following address: hello@dew-x.com
- The Operator will endeavor to process all notifications as soon as possible, but not longer than 14 days.
XII. Disclaimers
- The Operator is not responsible for the provision of data, including documents and content, by Users to unauthorized persons.
- The operator shall not be liable for any damages and losses resulting directly or indirectly (including damages due to loss of profits from running the enterprise, interruptions in the activity of the enterprise or loss of economic information and other damages of a property nature), resulting from the use, impossibility of use or malfunction of the System
- The Operator shall not be liable for any data, including documents and content, including confidential, entered and presented in the System by the User.
- The Operator’s liability under the warranty is excluded.
XIII. Personal data protection
- The administrator of personal data is BlueDew Sp. z o.o. with headquarters in Gdańsk at ul. Szafarnia 11 / F8, entered into the Register of Entrepreneurs kept by the District Court Gdańsk-Północ in Gdańsk, 7th Commercial Division of the National Court Register under the KRS number 0000546208, with the tax identification number (NIP) 5833176671.
- In all matters regarding the protection of personal data, the User has the right to contact the Operator by writing to the following e-mail address: hello@dew-x.com
- The purpose of processing Users’ personal data is to ensure the possibility of using the System and contact by the Operator.
- The name of the Organization defined by the User is in no case treated as personal data and is subject to public disclosure – each User may search for it and ask to join it.
- The User agrees that, within the framework of a given Organization to which he belongs, his personal data (name, surname and e-mail address) will be presented to other members of a given Organization.
- The User agrees to be contacted by the Operator by notifications in the System or by e-mail for information purposes, eg about new functionalities, hints, marketing, including the submission of offers to purchase paid services and other services related to the functioning of the System.
- We process the User’s data based on the User’s consent granted at the time of creating an account in the System pursuant to art. 6 sec. 1 lit. a) GDPR. Providing data is voluntary, however, it is necessary to use the System.
- In the case of paid services, the User’s personal data and indicated as invoice data will be processed on the basis of art. 6 sec. 1 lit. c) GDPR and will be stored for the time necessary for the Operator to fulfill the legal obligation resulting from tax regulations and the Civil Code.
- The data of the person invited by the User to a given Organization, we process pursuant to art. 6 sec. 1 lit. f) GDPR, because it is necessary to enable that person to use the System as a member or potential member of the Organization.
- Users’ data and invoice data will be stored until the consent to the processing of personal data is withdrawn, subject to the provisions of points 11 and 12 below.
- In the event of withdrawal of consent to the processing of personal data, the User’s data will be anonymized, subject to the provisions of points 12, 13 and 14 below. This operation will be carried out immediately, and for technological reasons it may take up to 30 business days from the point of view of the System, and in the case of backups, the period for which they were made.
- In the case of paid services, the User’s data and invoice data will be stored for at least 6 full calendar years, starting from the first day of the year following the date of issuing the last invoice. This period may be extended for the period necessary to implement the legitimate interest of the Data Administrator, in particular to perform the Agreement, and after its termination or expiry – until the claims are time-barred or until the legal obligations incumbent on the Administrator are fulfilled.
- The User’s data will remain in the history of operations of the processes in which he participated until they are deleted by the System Administrator or by persons authorized by him.
- Withdrawal of consent to the processing of personal data is tantamount to the User’s resignation from further use of the System. In this case, any remuneration for paid services, also unused, will not be returned.
- The recipients of Users’ personal data are entities providing technical and technological support for the System and servers, members of the same Organization and entities provided for by law.
- he data administrator informs that he has concluded appropriate agreements, including a personal data entrustment agreement with Operator Chmury Krajowej Sp. z o.o. with headquarters in Warsaw at ul. Grzybowska 62, 00-844 Warsaw, entered into the Register of Entrepreneurs of the National Court Register under KRS number 0000770202, the registration documentation of which is kept by the District Court for the Capital City of Warsaw in Warsaw, 12th Commercial Division of the National Court Register, NIP: 5252775789, REGON: 382039032, which is a provider of cloud solutions used by System Dew-X.
- The data administrator informs that he has concluded a payment service agreement with PayPro SA with its registered office in Poznań at ul. Pastelowa 8, 60-198 Poznań, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court Poznań Nowe Miasto i Wilda, 8th Commercial Division of the National Court Register under KRS number 0000347935, NIP number 7792369887, with share capital of PLN 5,476,300.00 , fully paid, entered in the register of national payment institutions kept by the Polish Financial Supervision Authority under the entity number in UKNF IP24 / 2014, as a national payment institution.
- The data administrator informs that it has concluded a contract for payment processing with PayU S.A., based in Poznań, 60-166 Poznań, at 186 Grunwaldzka Street, entered in the Register of Entrepreneurs kept by the District Court in Poznań – Nowe Miasto and Wilda in Poznań, VIII Economic Department of the National Court Register under the KRS number 0000274399, holding the tax identification number NIP 779-23-08-495; a national payment institution supervised by the Polish Financial Supervision Authority, entered in the Register of Payment Services under the number IP1/2012.
- The participant has the right to access his data, obtain a copy of it, rectify it, limit its processing, withdraw consent at any time and request deletion of data. All correspondence in this regard should be carried out by submitting an e-mail to the following e-mail address: hello@dew-x.com in relation to the data provided during registration in the System and the process of purchasing paid services, and in the case of other data by contacting the System Administrator of the given Organization.
- Users have the right to lodge a complaint with the President of the Personal Data Protection Office (ul. Stawki 2, 00-193 Warsaw, e-mail: kancelaria@uodo.gov.pl).
XIV. Other provisions of the regulations
- Proprietary copyrights to the System are legally protected in accordance with the Act on Copyright and Related Rights of February 4, 1994 (Journal of Laws of the Republic of Poland of 2006, No. 90, item 631, as amended). ) and may not be reproduced and distributed in any form and in any way (including electronic or mechanical or other in any other fields of use), including copying and posting on the Internet – without the written consent of the Operator.
- The User may not copy, reverse engineer, modify, decompile, disassemble, create derivative works, reverse engineer or use other methods to extract any element or all of the System’s source code.
- For the avoidance of doubt, the Operator declares and the User acknowledges that although the Dew-X System allows for the creation and management of processes that, in certain circumstances, may be treated as specialist services, e.g. accounting or legal services, the Operator does not offer such services and does not carry out such activities.
- In the event of a change to the content of the Regulations, the Operator shall notify the System Users by making the new content available at https://dew-x.com/en/regulations-for-the-provision-of-electronic-services/.