1.1. These Regulations define the conditions for the provision of Services (mobile application under the name Olivia Carpooling) by the Service Provider to Users.
1.2. The Regulations are available free of charge on the website of the Service Provider at: https://cp.oliviacentre.com and in the Olivia Carpooling application.
1.3. The terms expressed in the content of the Regulations with a capital letter are given the following meaning:
a) Driver - a User who posted on the Website an announcement regarding the Joint Journey,
b) Location - office buildings located in Gdańsk at al. Grunwaldzka 472A,
c) Passenger - a User who responded via the Website to the Driver's announcement regarding a Joint Journey,
d) Regulations - these regulations,
e) Website – Internet website run by the Service Provider under the name Olivia Carpooling in the form of a mobile application available on Google Play and Apple Store,
f) Services - all services offered by the Service Provider to the Users, in particular the intermediary service in the arrangement of the Joint Journey between the Passenger and the Driver,
g) Service Provider - Contractor+ Spółka z ograniczoną odpowiedzialnością (Limited Liability Company) with headquarters in Gdańsk
h) User - a natural person employed in a Location that has registered on the Website, in particular a Passenger and Driver,
i) Joint Journey - passage of the Driver and the Passenger in a motor vehicle belonging to the Driver or which is legally and formally authorized for use by the Driver, implemented on the route to and from the Location, based on arrangements made by the Driver and the Passenger on the Website.
2.1. The technical requirements necessary to cooperate with the ICT system used by the Service Provider are as follows:
a) Internet browser: the latest, stable versions of Google Chrome, Mozilla Firefox,
b) Internet access.
c) A correctly installed application on a mobile device with the latest Android operating system or iOS in the case of Apple devices.
3.1. The use of the Services requires installation of the application on the mobile device and registration on the Website. Registration is voluntary and free of charge.
3.2. Registration takes place by completing individual registration stages available in the application.
3.3. Upon registration, the Agreement for the provision of Services by electronic means is concluded between the Service Provider and the User.
3.4. The condition for registration and use of the Services is the fulfilment by the User of the conditions described in the Regulations, providing complete and true data in the registration process and having an active email address.
3.5. Users have the possibility to register on the Website once.
3.6. The User is obliged to keep its login and password for access to the Website secret and not disclose it to third parties.
3.7. In the event of changes to the data provided in the registration process, the User is obliged to immediately update them on the Website.
4.1. The use of the Website by Users is allowed only for non-commercial purposes, in particular it is not allowed to use it for commercial or business purposes, making offers for Users regarding services other than a Joint Journey, sending advertising content, etc.
4.2. The use of the Service Provider's Services is free of charge.
4.3. As part of the website, Users are entitled to communication regarding Joint Journeys, including placing Joint Journey announcements and responding to them.
4.4. The arrangement of the Joint Journey between the Driver and the Passenger takes place through a response by the User to the Joint Journey announcement published by the Driver via the Website, unless the announcement of the Joint Journey is cancelled or the response is cancelled by the Driver or the Passenger, respectively.
4.5. Users who have agreed a Joint Journey are obliged to immediately inform about any changes concerning the Joint Journey, in particular to cancel the Joint Journey through the Website in the event of the User being unable to perform it.
4.6. The duties of the Driver include in particular:
4.6.1. appearing together with the vehicle prepared for the journey, in a place and time agreed on the Website,
4.6.2. possession of a driving license of the relevant category, vehicle registration certificate confirming the current technical examination allowing the vehicle to move and current third party liability insurance of motor vehicle owners for damage caused by the movement of the vehicle owned by it, in accordance with the provisions of the Act of 22 May 2003 on Compulsory Insurance, the Insurance Guarantee Fund and the Polish Motor Insurers' Bureau (consolidated text, Journal of Laws of 2003, No. 124, item 1152 as amended),
4.6.3. presentation of the documents referred to in point 4.6.2. at every request of the Passenger,
4.6.4. compliance with traffic regulations, in particular the Road Traffic Act of 20 June 1997 (consolidated text, Journal of Laws 2012.1137, as amended),
4.6.5. informing the Service Provider via the Website about any irregularities in the implementation of the Joint Journey.4.7. The duties of the Passenger include in particular:4.7.1. appearing in the place and time agreed on the Website,
4.7.2. making sure that the Driver meets the conditions set out in point 4.6.2. in particular, a request to show relevant documents,
4.7.3. informing the Service Provider via the Website about any irregularities in the implementation of the Joint Journey.4.8. The Service Provider is not a party to the Joint Journey Agreement and does not conclude it for the benefit of the User, and only acts as an intermediary in concluding such an agreement between Users. The Service Provider does not verify the Driver's rights to drive the vehicle as well as the technical condition of the vehicle. The Service Provider recommends taking such actions by the Passenger before commencing the Joint Journey.
4.9. The Driver performs the carriage of the Passenger on its own behalf and at its own risk. Due to the above, the Service Provider is not responsible for the failure to perform or improper performance of the Joint Journey Agreement, unless the damage arose from the reasons for which it is responsible. The Service Provider is not responsible in particular for the following circumstances not attributable to it:
4.9.1. cancellation of the Joint Journey by the User,
4.9.2. delay or failure to perform the Joint Journey,
4.9.3. incorrect operation of the Website,
4.9.4. damage to the property or person incurred by the User or third parties during the Joint Journey
5. Prohibition of providing illegal content by the User
5.1. While using the Website, the User is obliged to refrain from:
5.1.1. posting on the Website content that is against the law, offensive, erotic or pornographic, etc.
5.1.2. violation of intellectual property rights or personal rights of third parties,
5.1.3. taking actions aimed at obtaining unauthorized access to the ICT systems of the Service Provider, Users or third parties,
5.1.4. use the Website in a manner that would violate the correct operation of the ICT systems of the Service Provider, Users or third parties.
5.2. The Service Provider reserves the right to immediately block access to content that violates the provisions of the Regulations.
6. Personal Data Processing
6.1. The controller of Users' personal data is Contractor+ Spółka z ograniczoną odpowiedzialnością with its registered office in Gdańsk at ul. Batorego 16/1A, entered into the Register of Entrepreneurs of the National Court Register by the District Court Gdańsk-Północ in Gdańsk, 7th Commercial Department of the National Court Register under KRS number 0000556846, NIP 9571078431, REGON 361463980, having share capital paid up in full in the amount of PLN 5,000.00 (hereinafter referred to as the "Service Provider").
6.2. The Service Provider has appointed the Data Protection Officer, whose contact details are as follows: Contractor+ Spółka z ograniczoną odpowiedzialnością, Data Protection Officer, ul. Batorego 16/1A, 80-251 Gdańsk, e-mail: firstname.lastname@example.org. It is a person with whom the User can contact in all matters regarding the processing of its personal data, using the contact details provided above.
6.3.The Service Provider processes personal data of the User for the following purposes:
a) conclusion or execution of a concluded contract with the User for the provision of Services available in the Olivia Carpooling application, pursuant to Article 6 section 1(b) of the 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 of Directive 95/46/EC (hereinafter referred to as the "Regulation"),
b) fulfilment of legal obligations incumbent on the Service Provider, in particular as regards the preparation, maintenance and archiving of accounting or tax documentation, pursuant to Article 6, section 1(c) of the Regulation,
c) establishing, securing or pursuing claims by the Service Provider related to its business, a contract concluded with the User or to the User or determining the Service Provider's liability, or defending against claims against the Service Provider, before law enforcement authorities or adjudicating authorities, in criminal, civil or administrative proceedings, including tax proceedings, pursuant to Article 6 section 1(f) of the Regulation,
d) in order to conduct marketing of own products or Services of the Service Provider, to conduct statistics and improve the Services available in the Olivia Carpooling application (pursuit of the legitimate interests of the Service Provider), pursuant to Article 6 section 1(f) of the Regulation,
e) if the Service Provider processes personal data based on the consent given by the User, the content of the consent shall specify for what purpose the Service Provider processes User's personal data, and the legal basis for the processing of such personal data by the Service Provider is Article 6 section 1(a) of the Regulation6.4. The User's personal data may be made available by the Service Provider to:
a) entities processing data on behalf of the Service Provider, including: the entities whose services the Service Provider uses or whom it entrusted with activities in the scope of its business, entities whom the Service Provider entrusted with the processing of personal data, entities providing tax, accounting, advisory, audit, legal, technical or IT services to the Service Provider, suppliers of systems supporting the Service Provider's activities,
b) other controllers that process personal data on their own behalf, including entities providing courier, postal, payment or banking services, entities purchasing debts, authorised entities and authorities to whom the Service Provider is obliged or authorised to disclose personal data based on applicable law, including prosecution, enforcement, judicial and administrative authorities, partners cooperating with the Service Provider in the implementation of the Services,
6.5. The time of storage of personal data by the Service Provider depends on the legal basis and the purpose of processing such data, taking into account the accountability principle. In view of the foregoing, the User's personal data may be stored for the following periods:a) personal data processed in order to conclude or execute a concluded contract with the User for the provision of Services available in the Olivia Carpooling application – for the duration of this contract, and after its completion, for a period necessary to fulfil the legal obligation imposed on the Service Provider and the time in which the Service Provider may suffer legal consequences of non-performance of this obligation or for the period specified in point (6.5.c) below,
b) in the case of processing personal data in order to fulfil the legal obligation incumbent on the Service Provider – for the time necessary to fulfil this obligation and the time in which the Service Provider may incur the legal consequences of non-performance of this obligation,
c) for the time necessary to establish, secure or pursue claims by the Service Provider related to its business, a contract concluded with the User or to the User or to determine the Service Provider's liability, or defend the Service Provider against claims against it, before law enforcement authorities or adjudicating authorities, in criminal, civil or administrative proceedings, taking into account limitation periods specified in applicable law,
d) in the case of personal data processed for the purpose of marketing of products or services of the Service Provider, keeping statistics and improving the Services available in the Olivia Carpooling application – at the latest by the time when effective objections are raised,
e) in the case of personal data processed on the basis of a consent to their processing granted by the User – at the latest by the time of its withdrawal.In the case of personal data processed for different purposes or on different processing grounds, for which there are different storage periods, the total storage time of such personal data shall not be longer than the storage period that expires at the latest.6.6. In connection with the processing of the User's personal data by the Service Provider, the User has:
a) the right to access personal data,
b) the right to correct personal data,
c) the right to delete personal data (the right to be forgotten),
d) the right to restrict data processing,
e) the right to transfer personal data to another controller,
f) the right to object to the processing of personal data, including profiling,
g) the right to withdraw the consent in the event that the Service Provider processes personal data of the User on the basis of consent, at any time, without affecting the lawfulness of the processing which was made on the basis of the consent prior to its withdrawal,
h) the right to file a complaint to the President of the Office for Personal Data Protection, if the User decide that the processing of personal data violates the provisions of the Resolution.6.7. During the processing of the User's personal data, the decision-making is not based solely on automated processing or profiling within the meaning of Article 22 of the Regulation. This means that the User is not subject to decisions based solely on automated processing, including profiling, which could cause legal effects to the User or similarly materially affect itssituation.
6.8. Providing personal data is voluntary, although it is necessary to conclude or perform the contract for the provision of Services available in the Olivia Carpooling application or using the Services specified in Regulations.
7. Termination of the Agreement
7.1. The Agreement for the provision of Services concluded between the Service Provider and the User may be terminated by either party with a three-day notice period.
7.2. Each party is entitled to terminate the Agreement for the provision of Services concluded between the Service Provider and the User with immediate effect, in the case of a material breach by the other party of these Regulations.
8. Bonus system for application users
8.1. For the most active drivers of Carpooling teams, the Service Provider has prepared bonuses in the form of free parking spaces granted for one calendar month in a total of 8 spaces, one space for one driver. A team is formed at the time of establishing the first joint journey and acceptance of the driver-passenger relationship.
8.2. For the purpose of determining which of the teams have been the most active, the application will collect geolocation data during journeys to the Olivia Business Centre and, on this basis, award points for the number of passengers commuting within one vehicle according to the following gradation:
8.2.1. first passenger – 5 points,
8.2.2. second passenger – 6 points,
8.2.3. third passenger – 8 points,
8.2.4. fourth passenger – 11 points,
8.2.5. the fifth and each subsequent passenger – 11 points.8.3. The activities referred to in point 8.2. can be made by Users belonging to one team only once during each business day.
8.4. When granting free parking spaces for the following month, the number of points collected from the 26th day of the preceding month to the 25th day of the current month shall be taken into account. If you start the service during this period, the number of points collected since the service starts will be taken into account.
8.5. The collected points in a given period do not pass into subsequent periods, cannot be transferred to other teams in any way, and cannot be exchanged for any other benefits or products.
8.6. In the event of resignation from the service during the accounting period, points gained during this period are lost.
8.7. Based on the information in the system, the Service Provider shall contact the current User-Team Driver (telephone, e-mail, chat), who is entitled to the bonus in the form of a free parking space, in order to complete the formalities related to providing the space for the next month, i.e. in the period from the 26th day of the month following the month in which the User-Driver obtained the largest number of points to the 25th day of the following month.
8.8. The Driver-User may waive the right to a free space, but it shall not be entitled to cash or other compensation in return.
8.9. The User is responsible for the proper use of the application and agrees to provide all the parameters necessary to grant points under the bonus system.
9. Final provisions
The Regulations enter into force on August 3, 2018.