Terms of Service

THESE TERMS OF SERVICE (“Terms of Service” or “TOS”) GOVERN CUSTOMER’s ACCESS TO, AND USE OF, THE SERVICES. PERSON ELECTRONICALLY SUBMITTING THE ORDER OR ACCESSING THE SERVICES HEREBY DECLARES THAT: (a) IT HAS THE AUTHORITY TO CONCLUDE THE SUBSCRIPTION AGREEMENT ON BEHALF OF CUSTOMER (b) INFORMATION PROVIDED TO SERVICE PROVIDER IN ORDER TO CREATE THE ACCOUNT IS COMPLETE AND CONSISTENT WITH THE FACTS (c) UNDERSTANDS AND AGREES TO THESE TERMS OF SERVICE AND (d) ON BEHALF OF THE CUSTOMER ACCEPTS THE TERMS OF SERVICE AND AGREES TO COMPLY WITH THE TERMS OF SERVICE.
IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THE TERMS OF SERVICE, YOU MUST NOT COMPLETE ELECTRONIC ORDERING PROCESS AND YOU MAY NOT USE THE SERVICES. 
DEFINITIONS.  In addition to the capitalised terms defined above, the following defined terms shall apply:
  1. Subscription Agreement – means an agreement between Service Provider and Customer on providing the Purchased Services by the Service Provider on terms and conditions described in this Terms of Service.
  2. Account means a separate space in the Services, which records Customer Data, to which Customer gets access after a successful log into the Services.
  3. Agent means a consultant engaged by Customer to provide services to and for the sole benefit of Customer.
  4. Authorised User means Customer (in case of Customer being natural person), an individual employee of the Customer, or Agent, who  is authorised by Customer to use Purchased Services. Customer is responsible for acts or omissions of Authorised User as for own acts or omissions.
  5. Continuity of Operation – means operation of the Purchased Services without Periods of Dysfunction. 
  6. Error means malfunction of the Purchased Services occurred due to the fault of Service Provider.
  7. Critical Error – shall mean the Error, which makes it impossible to use the Purchased Services in the scope necessary to supervise the flight operation i.e.: a) impossibility of logging into the Account, or b) impossibility of flight entering or edition in the Account.
  8. Non-Critical Error – means any Error, which is not the Critical Error.
  9. Customer Datameans any files, documents and other information belonging to Customer or Authorised Users as entered to the Account by the Authorised Users.
  10. Customer means a natural person, legal person or organisational unit without legal personality indicated in the Account as a customer.
  11. Effective Date  means date of the conclusion of the Subscription Agreement.
  12. Order means online request submitted to Service Provider by Customer specifying the Services to be provided under the Subscription Agreement by indicating the Subscription Plan.
  13. Party means either Service Provider or the Customer, and “Parties” shall mean Service Provider and the Customer together.
  14. Period of Dysfunction – means the time between the moment of reporting of the Critical Error by Customer to the moment of restoring the operation of the Purchased Services.
  15. Purchased Services means the Services included in the Subscription Plan.
  16. Service Provider  means Leon Software sp. z o.o. sp. k., a limited partnership company in Poland, entered in the Register of Entrepreneurs maintained by the District Court for the capital city of Warszawa, XII Commercial Department of the National Court Register under number KRS 0000641357, with its registered office at Al. Jerozolimskie 151/5U, 02-326 Warsaw, Poland, VAT# PL8522438219.
  17. Service Provider Software means all software forming part of or used by Service Provider to deliver the Services, including any upgrades, improvements or enhancements thereof.
  18. Services  means Service Provider’s commercially available software-as-a-service offerings. The main purpose of the Services is to support customers in managing aircraft fleet schedule and deliver online tools for its supervision.
  19. Subscription Fee means the monthly fee to be paid by Customer to Service Provider for the Purchased Services.
  20. Subscription Plan means Service Provider’s subscription plan for use of the Services selected by the Customer in the Order. Terms of the Subscription Plan i.e. the Services included in the Subscription Plan and the method for calculating of the Subscription Fee (including fees used for the calculation of the Subscription Fee) can be reviewed through “LEON Account” page in the Account.
  21. Working Day means any day excluding Saturdays, Sundays and public holidays in Poland.
  22. Working Hours means hours between 09:00 and 17:00 CET (Central European Time), Monday to Saturday.

BASIC TERMS

  1. The Subscription Agreement. The Purchased Services shall be provided by Service Provider to Customer after the conclusion of the Subscription Agreement on terms and conditions described in this Terms of Service. The Subscription Agreement is concluded between Service Provider and Customer upon submission of the Order by Customer, in accordance with Service Provider’s then current electronic ordering processes. Conclusion of the Subscription Agreement and the Effective date shall be confirmed by Service Provider through email.
  2. Technical requirement for the use of the Services. The Services may be provided only to Customer having fulfilled following requirements: (a) connection to Internet, and (b) web browser.

RIGHTS AND LIMITATIONS OF USE

  1. Right to Use the Purchased Services. Upon the Effective Date, Service Provider grants to Customer a limited, non-exclusive and non-transferable right to access and use, and permits Authorised Users to access and use, the Purchased Services, during the Subscription Agreement validity and in accordance with this Terms of Service. The Purchased Services may be accessed and used solely by the Authorised Users and for Customer’s internal business needs only. Customer is not entitled to make the Services available to any other person and the Services shall not be used by Customer for any other person without prior consent of Service Provider.
  2. Limitations on use. Except for the rights granted in the above point of this Section, no other rights in or to any Services or Service Provider Software, expressed or implied, are granted to Customer. Customer may not provide illegal content and use the Purchased Services in an illegal manner or against good practices which infringes personal rights of third parties or reasonable interests of Service Provider.
  3. Proprietary Rights. Customer acknowledges that all right, title, and interest in and to the Services and the Service Provider Software is, and at all times shall remain, the sole and exclusive property of the Service Provider.

ORDERS, FEES AND PAYMENT

  1. Orders. Customer may order Services using Service Provider’s then current electronic ordering processes. All Customer information provided by or on behalf of Customer must be current, complete and accurate and Customer is responsible for keeping such information updated.
  2. Fees and payment. Customer shall pay to Service Provider the Subscription Fee and fees for provision of additional services commissioned by Customer in connection with the Purchased Services (“Fees”). All Fees are due and payable by Customer as set forth on the invoice and payments are 10  days from the invoice date. Payments shall be made in currency stipulated in the Order. The Customer shall pay all applicable transactional fees so that the total amount given on the invoice is received by Service Provider. Customer agrees for issuing and sending invoices electronically. Payment shall be made by Customer through debit/credit card. Customer shall provide Service Provider through the Account with valid and up-to-date information regarding debit/credit card. Customer authorises Service Provider to: (i) take steps to determine whether a debit/credit card provided by Customer is valid, (ii) charge such card for the amount of Fees when payment of Fees is due. Service Provider shall not be responsible for any overdraft charges or other fees that may be incurred.
  3. Subscription Fee. The Subscription Fee shall be paid by Customer to Service Provider monthly in arrears in accordance with the Subscription Plan. An invoice for the Subscription Fee will be issued by Service Provider after end of each calendar month. If the Effective Date falls on a different day than the first day of a calendar month, then the Subscription Fee shall be calculated proportionally.
  4. Service Provider reserves the right to unilaterally increase the Subscription Fee by 3% annually after first and each subsequent 12-month period of the Subscription Agreement validity. Such increase of the Subscription Fee shall became effective immediately upon informing the Customer by Service Provider by e-mail about the increase of the Subscription Fee.
  5. Taxes and Withholding. Fees do not include VAT, which should be accounted by the recipient as per Article 196 of Council Directive 2006/112/EC. All payments to be made by Customer under the Subscription Agreement shall be made in whole, without any deductions or offsets on account of tax. If, by virtue of applicable legal regulations binding the Customer, an amount due on account of taxes must be deducted or withheld from the amount which Customer is obliged to pay according to the Subscription Agreement, Customer shall pay such additional amount as is necessary to ensure that Service Provider receives net amounts equal to the full amounts that would be received by the Service Provider if the deduction or withholding requirement were not in force. Service Provider shall deliver to Customer, upon each request of Customer, an original of tax residency certificate issued by a relevant Polish tax authority certifying that Service Provider is a Polish tax resident within the meaning of a relevant double tax treaty or any other document or data that allows Customer not to deduct or withhold any tax or any similar levy.

TERM AND TERMINATION

  1. Term and cancellation of subscription. The initial term of the Subscription Agreement may be preceded by making the Services available to Customer on trial basis, in accordance with the Section “TRIAL” of the TOS. The initial term of this Subscription Agreement is one month and shall commence as of the Effective Date.  After the initial term the Subscription Agreement shall automatically renew for successive one month terms.  Customer may provide notice of non-renewal to Service Provider at any time, in which case the Subscription Agreement shall end upon the expiration of then-current term. Notice of non-renewal shall be provided by Customer to Service Provider through “LEON Account” page in the Account or in a case of malfunction of Services – by email. Service Provider may provide notice of non-renewal to Customer at any time, in which case the Subscription Agreement shall end upon the expiration of next one month term.
  2. Termination for non-payment of Fees and suspension. If any payment required under the Subscription Agreement or under any other agreement entered into by the Parties is delayed for more than 45 days, then Service Provider is entitled to suspend the Purchased Services. The Service Provider will give Customer at least 10 days’ prior notice that the payment is delayed, before suspending Purchased Services.

Upon receipt of payment in full of all overdue amounts, Service Provider shall promptly restore the suspended services. Service Provider may also suspend the Purchased Services if Customer otherwise breaches any term of the Subscription Agreement and fails to cure such breach within 2 Working Days after receipt of notice of the breach from Service Provider, until such time as the breach is cured. Information about the suspension of the Purchased Services will be provided to Customer by e-mail. If any payment required under the Subscription Agreement or under any other agreement entered into by the Parties is delayed for more than 60 days, then Service Provider is entitled to terminate the Subscription Agreement immediately upon notice. Suspension of the Purchased Services does not affect Customer’s obligation to pay the Subscription Fee.

  1. Termination for cause (in other cases than non-payment). Either party may terminate the Subscription Agreement by notice (i) if the other Party breaches any of its material obligations under the Subscription Agreement and fails to cure such breach within fourteen (14) days of receipt of notice of the breach from the non-breaching Party, or (ii) if the other Party became insolvent, liquidated or is dissolved. Service Provider may terminate the Subscription Agreement immediately upon notice for breach by Customer of Section “RIGHTS AND LIMITATIONS OF USE”, “CUSTOMER DATA AND ACCOUNT”, or in other cases stipulated in the Terms of Service.
  2. Effect of Termination. Upon termination or expiration of the Subscription Agreement for any reason: (a) Service Provider will terminate provision of the Purchased Services and all rights granted by Service Provider pursuant to the Subscription Agreement shall terminate. (b) Customer shall pay all amounts that have accrued and are owed hereunder. (c) With the exception of the situation in which only Trial Services were provided, Service Provider will store Customer Data for period of 5 years after termination or expiration of the Subscription Agreement, unless Customer requests to delete Customer Data. However, if Customer does not pay all outstanding Fees within 3 months from the termination or expiration of the Subscription Agreement, Customer Data will be immediately deleted. (d) Any provision of the Subscription Agreement which, by its nature, would survive termination or expiration of the Subscription Agreement shall survive any such termination or expiration, in particular Section “LIABILITY” and “FINAL PROVISION” of the TOS.
  3. Termination notice of Service Provider. Notice of non-renewal, termination notice as well as other notices mentioned in this Section may be provided by Service Provider to Customer by email.

TRIAL

  1. Services Trial. Before conclusion of the Subscription Agreement Service Provider may make Services available to Customer on a trial basis for a limited period of time (“Trial Period”). The Trial Period shall be specified by Service Provider in “LEON Account” page in the Account and shall begin upon Customer’s initial access to the Services. During the Trial Period Service Provider provides the Services with limited functionality (“Trial Services”) and for the purpose of enabling Customer to evaluate the Services. The Trial Services provided to Customer during the Trial Period are free of charge. The Trial Period shall terminate (i) at the end of the stated Trial Period, (ii) if no such date is specified, 30 days from the date of Customer’s initial access to the Services, or (iii) upon the Effective Date. Customer may terminate Trial Period immediately without prior notice through “LEON Account” page in the Account. Following termination of the Trial Period, Customer’s right to access and use of the Trial Services expires. In order to maintain the Account and the Customer Data, Customer shall conclude the Subscription Agreement Prior to expiry of the Trial Period.
  2. Exclusion of liability. During the Trial Period, Service Provider provides the Trial Services “AS IS” and without any warranty, indemnity or liability of Service Provider, to the extent permitted by law, and all other terms of the TOS shall apply to provision of the Trial Services.

CUSTOMER DATA AND ACCOUNT

  1. Customer Data. Customer retains all rights to any and all of Customer Data and Service Provider shall not own or license any data, content, information or material in such Customer Data. Service Provider shall apply reasonable technical, organisational and administrative security measures to keep Customer Data protected in accordance with industry standards. Service Provider will not monitor Customer’s or Authorised User’s use of the Purchased Services, and Service Provider  will not view, access or process any Customer Data, except: (i) for the sole purpose of providing the Purchased Services, (ii) as directed or instructed by Customer and Authorised Users, and/or (iii) for compliance with law, regulation, or governmental request. Customer shall comply with all intellectual property laws related to Customer Data and legal duties applicable to Customer as a data administrator by virtue of the submission or storage of Customer Data within the Purchased Services, including providing all information or notices Customer is required by law to provide to Authorised Users or other person and obtain their consent where required.
  2. Account. Customer is solely responsible for (i) the configuration of the Account, (ii) the operation, performance and security of Customer’s equipment, networks and other computing resources used to connect to the Purchased Services, (iii) ensuring all Authorised Users exit or log off from the Purchased Services at the end of each session, (iv) maintaining the confidentiality of the Account, logins and passwords, and (v)  Customer will notify Service Provider immediately of any unauthorised use of Account or any other breach of security. Customer shall be obliged not to disclose access data (login, password etc) to any third party and shall be solely liable for damages caused by disclosing such information and Customer may be held liable for any such losses incurred by Service Provider and/or another party.

SUPPORT AND SERVICE LEVEL AGREEMENT (SLA)

  1. Support. Customer support is provided to Customer during the Working Hours. The Customer shall report Errors via e-mail to the following e-mail address: and report of the Error shall include:  (1) description of the Error,  (2) contact data of the person reporting the Error  and (3) the circumstances in which the Error occurred. In case of the Critical Error, emergency phone number +48 662-005-366 is available without any time restrictions. This number is however not designated for regular customer support and shall be used only in case of the Critical Error.
  2. SLA. Service Provider guarantees the Continuity of Operation for 99,5% of the time in each calendar month of providing Purchased Services. Guarantee of the Continuity of the Operation does not apply to the Trial Services. Service Provider is not responsible for any discontinuity of the operation of the Purchased Services or any malfunction of the Purchased Services, caused by reasons beyond the Purchased Services or beyond the control of Service Provider, including, but not limited to a failure to Customer’s Internet connection. The time of discontinuity of this kind shall not be included in the Period of the Dysfunction. Customer shall be entitled to claim from Service Provider contractual penalty in equivalent of the net Subscription Fee (excluding VAT) due for the month in which Service Provider did not meet guarantee of the Continuity of the Operation specified in this Section of the TOS, in case of documented breach of the mentioned guarantee. Contractual penalty is Customer’s sole remedy in case of breach of the SLA commitments of Service Provider and is to the exclusion of any remedies at law. 
  3. Backup copies. Service Provider shall make and keep backup copies of the Customer Data. In the case of a failure of the Purchased Services, Service Provider guarantees recovery of all data stored 24 hours before the failure.

LIABILITY

  1. Customer acknowledges that the Service Provider Software is a complex software and as such is never free from defects or errors. With the exception of guarantee of Continuity of the Operation specified in Section “SUPPORT AND SERVICE LEVEL AGREEMENT (SLA)” of the TOS, Service Provider does not make and hereby disclaims all warranties including but not limited to express, implied and statutory warranties that the Services will be uninterrupted, error-free, and the implied warranties of merchantability or satisfactory quality, fitness for a particular purpose.
  2. Under no circumstances shall Service Provider be liable to Customer for loss of revenues, loss of profits, loss of opportunity, loss of business, business interruption, loss of goodwill, damages or penalties paid by Customer to the Customer's contractors or state authorities, costs of any substitute equipment or software, or any indirect, special, incidental or consequential damages, regardless of the theory of liability (contract, tort or otherwise) and even if Service Provider has been advised of the possibility of such damages.
  3. The maximum cumulative liability of Service Provider to Customer for any and all claims (whether in contract, tort or otherwise, including contractual penalties) arising out of or in connection with the Subscription Agreement or any additional services commissioned by Customer in connection with the Purchased Services, will not exceed the aggregate amount of net fees (excluding VAT) paid by Customer to Service Provider during the six (6) months immediately preceding the event giving rise to first claim or, if the duration of the Subscription Agreement has been less than six (6) months, such shorter period, as applicable. The existence of one or more claims under the Subscription Agreement will not increase this limit of Service Provider liability.
  4. The foregoing limitations and exclusions apply to the extent permitted by law.
  5. Customer acknowledges that the fees set forth in the Subscription Agreement reflect the allocation of risk set forth in the Subscription Agreement and the Subscription Agreement is entered into by Service Provider in reliance upon these limitations of liability and that all such limitations form an essential basis of the bargain between the Parties.

THIRD PARTY SUPPLIERS

  1. The Services contain data from a third party suppliers (“Third Party Suppliers”) which are licensed by Service Provider and access to which is granted to Customer within right to use the Purchased Services (“Third Party Data”). Third Party Suppliers require customers of Service Provider, which have access to the Third Party Data to accept terms of service of Third Party Suppliers (hereinafter: the “Third Party TOS”) before using the Third Party Data. Links to the Third Party TOS are located at http://www.leonsoftware.com/terms-of-service. By conclusion of the Subscription Agreement or accessing the Services, Customer accepts Third Party TOS and agrees to be bound by the Third Party TOS.

PERSONAL DATA PROTECTION

  1. To fulfil obligations resulting from Regulation 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, hereinafter defined as the „GDPR”), Parties conclude Entrustment Agreement, which contents includes Attachment no 1 to Terms of Services. If service provider disclosed Services to the Client for a Trial Period, than Parties conclude separate entrustment agreement for a Trial period, at the beginning of Trial period. Contents of this entrustment agreement is disclosed in Attachment no 1 to Terms of Services.
  2. In case of Customer being natural person:
  3. Service Provider is Personal Data Administrator. In every issue concerning data protection, you can contact Service Provider via: .
  4. Client’s personal data is processed in order to conclude and execute Contract. Apart from the Client, who uses only Trial period, Client’s personal data will be collected and processed for Service provider’s accounting purposes.
  5. Legal ground of Clients personal data processing is:
    1. Necessity of processing to conclude and execute Contract.
    2. Apart from Client who uses only Trial period – necessity to fulfil Service provider’s legal obligation, concerning Service provider’s accountancy. This obligation results from polish regulations i.e. Tax regulation from August 29th 1997, Accountancy Act from September 29th 1994 and Value Added Tax Act from March 11th 2004.
  6. Service provider’s employees, subcontractors, companies that provide services to Service provider (i.e. HR and accounting services, IT and technical support services, archiving and removing of documents)  will have access to Client’s personal data, to fulfil their obligations. Client’s personal data may be also disposed to authorized state authorities.
  7. Data retention of Client’s personal data:
    1. Client’s personal data processed in order to conclude and execute Contract is kept until Services are provided for the Client, according to Terms of Service. Client’s personal data, i.e.: name, surname and e-mail address will be kept for 5 years after dissolution of the Contract in order to recognize claims and complaints concerning provided Services;
    2. In terms of data processed in order to Service provider’s accountancy purpose, Client’s personal data retention results from applicable legal regulations, concerning termination of tax obligations.
  8. Client has right to:
    1. Demand access to his personal data, its correcting, deleting or processing limitation and right to transfer the data,
    2. Submit objection to process his personal data at any time,
    3. Submit complaint to General Personal Data Security Inspector, at 2 Stawki Street, Warsaw. From May 25th complaint may be submitted to supervisory authority i.e. President of Personal Data Protection Department. ,
  9. Disclosing the data is vulnerable, although essential to conclude Contract and use Services in accordance to Terms of Service. Contract cannot be concluded and executed and Services cannot be provided, if Client avoids to disclose his personal data.
  10. Client’s personal data will not be profiled or used to take a decision in automatic way.

COMPLAINTS

  1. All complaints regarding the Services shall be sent via e-mail with a subject: „Complaint” within 7 days from a disclosure of the reason of such compliant. Only complaints in Polish or English are to be examined.
  2. Correctly made complaint shall include at least the following data: (a) Customer's name; (b) first name, second name and e-mail address of person making compliant; (c) the subject of the compliant; (d) circumstances justifying the complaint.
  3. Service Provider shall use their best efforts to consider the complaint within 14 days from the day of its receipt from the Customer. Service Provider shall respond to the complaint by an e-mail sent to the address given in the complaint.
  4. Complaints resulting from insufficient knowledge of the TOS or legal provisions, complaints submitted not in accordance with the requirements of this Section, as well as complaints with obscene or insulting words, shall not be considered.

CONFIDENTIALITY

  1. Any information, data and/or contents of any documents made available by one Party (“Disclosing Party”) to another Party ("Receiving Party”) pursuant to the terms of the Subscription Agreement, which are not disclosed to the public, shall not, without the prior written consent of the Disclosing Party, be disclosed to any person, firm or corporation not being the Party, including, but not limited to affiliates of the Party, for any purpose other than the implementation of the Subscription Agreement. Such information data and/or contents of documents may be disclosed to officers, employees, consultants or subcontractors of the Receiving Party but only to the extent required in each instance for the implementation of the Subscription Agreement.
  2. The confidentiality obligations shall not apply to any information, data and/or content of documents which: (a) was in the Receiving Party's lawful possession prior to the disclosure; (b) is lawfully disclosed to the Receiving Party by a third party without breaching any duty of confidence; (c) is independently developed by the Receiving Party, which can be shown by written evidence; or (d) is required to be disclosed by law.
  3. The confidentiality obligations in this Section of the TOS with respect to each disclosed information data, and/or contents of any documents  shall continue for three (3) years after the date of initial disclosure of such item and shall survive any earlier termination of the Subscription Agreement. 

NOTICES

  1. Unless otherwise specified in the Subscription Agreement, any notice, approval, consent or other communication required or permitted to be sent under the Subscription Agreement shall be in writing and shall be sent by email,  addressed as follows:

To Customer: to the Customer’s email address last designated in “LEON Account” page in the Account
To Service Provider: to .
PARTICULAR RISKS RELATED TO USING SERVICES

  1. Pursuant to the requirements of the Polish act of 18 July, 2002 on Providing Services by Electronic Means, the Service Provider informs that particular risks related to using a service provided by electronic means are as follows: (i) the possibility of catching passwords (phishing) by means of fake emails a way as to appear genuine and consequently the acquisition of personal and confidential information about the user, (ii) the possibility of an illegal wiretap involving the use of a computer programme, which goal is to capture and analyse any data flowing on the network (spyware).

COOKIES

  1. Cookies are used to store the session ID in which the current state of the application (which user interface elements are currently visible) is stored. Cookies are not used to store any personal data or address data.

FINAL PROVISIONS

  1. If any provision of this Terms of Service is determined to be unenforceable for any reason, then the remaining provisions hereof shall remain unaffected and continue to operate in full force and effect.
  2. The Subscription Agreement and the Terms of Service and any disputes or claims arising out of or in connection with it or its subject matter are governed by and construed in accordance with the Polish law.
  3. Any disputes arising out of or in any way relating to the Subscription Agreement or the Terms of Service or its formation or validity shall be subject to the exclusive jurisdiction of Polish courts competent over the seat of Service Provider.
  4. The above points of this Section apply also to any orders or agreements for provision of any additional services commissioned by Customer in connection with the Purchased Services.
  5. Neither Party may assign the Subscription Agreement or any of its rights or obligations hereunder without the other’s consent.
  6. Service Provider has the right to unilaterally, at its discretion, change this Terms of Service or terms of the Subscription Plan (i.e. the Services included in the Subscription Plan or the method for calculating of the Subscription Fee, including fees used for the calculation of the Subscription Fee) (“Amendment”). The Amendment shall become effective within the term indicated by Service Provider, being not shorter than 30 days from the date when information about the Amendment were sent to the Customer by e-mail. If the Customer does not terminate the Subscription Agreement before effective date of the Amendment, then the Customer will be deemed to have accepted the Amendment.

Attachment No. 1 to the Terms of Service
Entrustment agreement
(hereinafter defined as the „Agreement”)
Concluded between Client (hereinafter defined as the „Administrator”) and Service provider (hereinafter defined as the „Processor”)

Processor - under the binding Contract and Terms of Services – provides services to Administrator, what results in necessity of processing personal data. In order to fulfil obligations resulting from Regulation 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, hereinafter defined as the „GDPR”) Parties decided as follows:

  1. Subject of the Agreement. To fulfil obligations resulting from GDPR, Administrator entrusts to Processor processing personal data in order to execute Service Contract. Entrusted data includes Client’s data, that are included in bookmark „Basic information” in the Account. Entrustment agreement is concluded for the duration of the Service Contract and has constant character. Entrusted data will be processed in computer system.
  2. STATEMENTS. The Data Administrator states, that entrusted personal data was collected in accordance with valid provisions of the law, especially with GDPR regulations.

Processor states that:

  1. Knows GDPR regulations and commits to process entrusted personal data in accordance with these regulations and in scope and aim necessary to execute Service contract;
  2. Ensures sufficient guarantees to implement suitable technical and organizational measures, to meet GDPR requirements and protect rights of individuals.
  3. PARTIES’ OBLIGATIONS. Processor:
  4. Processes personal data only on documented command of Administrator. Service Contract is documented command – unless such obligation impose EU regulations or polish law; in such case before data is entrusted, Processor informs Administrator about such obligation, unless law does not prohibit to give such information due to important public interest;
  5. Allows to process the data only authorized persons, who committed secrecy or are subjects to   statuary secrecy obligation,
  6. Taking into account state of technical knowledge, implementation costs as well as character, scope, context and processing aims and risk of violating rights of individuals with different  occurrence possibility and threat seriousness, implements suitable technical and organizational measures, to ensure safety level appropriate to this risk according to art. 32 GDPR;
  7. Taking into account processing character, as far as possible, helps Administrator by suitable technical and organizational measures to meet the obligation of answering demands of individuals, concerning his or her personal data in scope of executing rights indicated in Chapter 3 of GDPR;
  8. Taking into account processing character and available information, helps Administrator to comply with obligations specified in art. 32-36 of GDPR;
  9. discloses administrator on his demand every information necessary to prove fulfilment of regulations specified in Agreement or art. 28 of GDPR.
  10. SUBENTRUSTMENT. Administrator expresses general approval on using by Processor further processors (hereinafter defined as the „Subprocessors”). Processor commits to inform Administrator about every intended change concerning adding or replacing Subprocessor, giving Administrator possibility to object to such changes.
  11. Using Subprocessors, Processor is obliged to assure that Subprocessor will process entrusted personal data only in purpose and scope specified in the Agreement, wherein purpose and scope of processing will not be broader than resulting from the Agreement. Moreover, Subprocessor will be obliged to keep in secret all requirements and personal data processing conditions, that result from this Agreement and GDPR, that lie on Processor. If Subprocessor does not fulfil responsibilities concerning data protection, responsibility to Administrator concerning Subprocesor’s duties, lies on Processor.
  12. TRANSMITTING INFORMATION. Processor immediately, but not later than within 24 hours from attaining the information about incident, informs Administrator via e-mail on e-mail address indicated by Administrator:
  13. About every personal data security breach in terms of GDPR;
  14. About every complaint and motion filed by entrusted data subjects, without answering to these complaints and motions;
  15. If – in his opinion – Administrator’s command leads to infringement of universally applicable personal data protection law.
  16. RIGHT TO CONTROL. Administrator has right to undertake audits, including inspections, in order to check, whether processing of entrusted personal data takes place in accordance with the Agreement and GDPR. Processor is obliged to allow undertaking such audits and take part in audits. Audits will be undertaken by written requests from Administrator concerning information about processing of entrusted personal data. Processor answers to such Administrator’s request in 7 days from obtainment of the request.
  17. DURATION AND TERMINATION OF THE AGREEMENT. Unless the Terms of Service stipulates otherwise, the Contract has been concluded for the period of validity of the Service Agreement. For the avoidance of doubt, expiry or termination of the Service Agreement results in termination of this Contract. However the Contract shall not expire before fulfilment of all obligations of the Processor  resulting from the Service Agreement which requires processing of personal data by Processor.
  18. After termination of the Agreement, depending on Administrator’s decision, Processor removes or gives back to Administrator all entrusted personal data and removes all existing copies of the data, unless legal obligations oblige Processor to keep personal data. In such situation Processor may keep only those pieces of personal data, that concerns this legal obligations and only in the way compatible with this Agreement.
  19. FINAL PROVISIONS. The Contract and any disputes or claims arising out of or in connection with it or its subject matter are governed by, and construed in accordance with, the Polish law. Any dispute arising out of or in any way relating to the Contract or its formation or validity shall be subject to the exclusive jurisdiction of Polish courts competent over the seat of Processor. The words and phrases used in this Contract shall be construed in accordance with the definitions contained in the Terms of Service.

Terms of Service from 3rd party vendros

The System contains data from 3rd party vendors which are licensed by the Service Provider (Leon Software Ltd.). This data is granted to the Client. 3rd party vendors require to accept their terms of service before using their data.

Penton Business Media, Inc (Airport Directory data provider)