Terms of service
VSoft Mobile Workforce Online

These regulations, hereinafter referred to as the "Regulations", define the rules, scope and conditions for the provision of the VSoft Mobile Workforce Online Service by VSoft Spółka Akcyjna Spółka Komandytowa with its registered office in Krakow at Puszkarska 7J, 30-644 Kraków, entered into the Register of Entrepreneurs kept by the District Court for Kraków Śródmieście, 11th Commercial Division of the National Court Register, under the KRS number: 0000713493, registered under the Tax ID number 6772270346,
hereinafter referred to as "VSoft".

§1.	Definitions
1.	The terms used in the Regulations have the following meanings:
a)	Regulations - the following Regulations for the Provision of the VSoft Mobile Workforce Online Service with Attachments.
b)	Agreement - an agreement for the provision of the VSoft Mobile Workforce Online Service.
c)	Business Day - a day from Monday to Friday, from 9.00 am to 5.00 pm, excluding public holidays.
d)	VSoft Mobile Workforce Online Application (VMW Application) - "boxed" software, which is an of the shelf product, made available online in the Cloud Cumputing (SaaS) model by VSoft under the rights vested in VSoft under an agreement with the producer, with standard functionality described in the Documentation. The producer and owner of the copyrights to the VMW Application is VSoft Spółka Akcyjna with its seat in Krakow (Poland).
e)	VSoft Mobile Workforce Online Service (VMW Service) - a service providing the possibility of using the functionality of the VMW Application, provided by VSoft to the Customer in accordance with the Regulations and to the extent specified in the Order.
f)	Documentation – a user manual and descriptions of the functionalities of the VMW Application provided as part of the VMW Service, which is available online in the VMW Application.
g)	VMW Service Order - an order placed by the Customer in an electronic form. The order is made by submitting a correctly completed registration form available on the VMW Service Website, specifying the parameters of the ordered VMW Service.
h)	VMW Service Website - a website with the address https://www.vsoft-mobile-workforce.com, containing information, documents and forms necessary to order and start using the VMW Service and the Price List.
i)	Price list - a price list specifying the amount of remuneration for the provision of the VMW Service, available on the VMW Service Website. The amount of remuneration specified in the Price List depends on the VMW Service Plan selected by the Customer.
j)	VMW Service Plan - a specific, closed set of parameters for the VMW Service available for the Customer to choose from. The current VMW Service Plans are available in the Price List. VMW Service Plans specify in particular the possibility of using the Trial Period and the length of the Billing Period.
k)	License - a license to use the VMW Application provided as part of the provision of the VMW Service in the scope of the selected VMW Service Plan, granted for a single Customer for the period of the VMW Service provision.
l)	Login - a unique string of characters given to the Customer by VSoft, used in conjunction with an individual Password to authorize their access to the VMW Service.
m)	Password - a unique string of characters given to the Customer by VSoft, used in conjunction with an individual Login to authorize their access to the VMW Service.
n)	User - a natural person entitled to Access to the VMW Service under the License, acting with the consent of the Customer, on his behalf and in his favour.
o)	Access to the VMW Application - the Customer's ability to obtain access to and use the functionality of the VMW Application indicated in the Documentation as part of the VMW Service provided.
p)	Access to the VMW Service - the ability to access the Hardware and Software Environment, Access to the VMW Application and the ability to store data entered by the Customer into the VMW Application in the Hardware and Software Environment.
q)	Hardware and Software Environment – the infrastructure and the necessary software with the use of which the VMW Service will be provided.
r)	Access to the Hardware and Software Environment - the Customer’s ability to use the Hardware and Software Environment provided by VSoft within the scope of the VMW Service after connecting to the server via the VMW Application.
s)	Data Storage Space - disk space available to each Customer as part of the VMW Service in the Hardware and Software Environment to store the Customer's resources (e-mails, attachments) of the size specified in the VMW Service Order parameters.
t)	Critical Error – malfunction of the VMW Application, which is inconsistent with the Documentation, the source of which is in the VMW Application, resulting in no Access to the VMW Service and no possibility of using a workaround.
u)	Trial Period - the period of time available under particular VMW Service Plans during which the Customer is entitled to a free trial use of the VMW Service. Availability, length and parameters of the VMW Service, provided for the Customer while using the Trial Period, are specified in the Price List. After the end of the Trial Period, the VMW Service is automatically continued in accordance with the parameters of the VMW Service Plan prior selected by the Customer, unless the Customer terminates the contract during the Trial Period, in accordance with §2 para. 7 of the Regulations.
v)	Billing Period - a specific, closed period of time for which VSoft issues invoices for the provision of the VMW Service during this period. The length of the available Billing Periods for individual VMW Service Plans is specified in the Price List.
w)	Service Window - a break in the provision of the VMW Service, scheduled (Permanent Service Window) or announced not later than 3 Business Days before the break itself. VSoft sets the Permanent Service Window for the VMW Service every Friday between 22:00 and 24:00. During the Permanent Service Window, the VMW Service may not be available, which does not constitute improper performance of the Agreement. The use of the Permanent Service Window by VSoft does not require informing the Users separately.
x)	Customer Panel - a web application available to the Customer after logging into the VMW Service, enabling the Customer to view data related to the concluded contract, available through the VMW Service Website.
y)	Subcontractors - third parties with whom VSoft cooperates in order to properly provide the VMW Service, listed in Appendix 3.
z)	Overpayment - the difference between the amount paid in advance by the Customer and the fee payable at the end of the Billing Period during which there was a change to a lower VMW Service Plan.
§2.	The rules for concluding, changing the terms and terminating the Agreement for the provision of the VMW Service
1.	The Agreement for the provision of the VMW Service is concluded at the time of sending the confirmation of accepting by VSoft the Order of the VMW Service submitted by the Customer. The confirmation is sent automatically.
2.	The condition for the conclusion of the Agreement for the provision of the VMW Service is prior confirmation by the Customer that he has read and accepted the Regulations.
3.	The Agreement is concluded for an indefinite period.
4.	The Customer concludes the Agreement on the terms consistent with the VMW Service Plan selected by the Customer.
5.	The Customer is entitled, at any time, to change the current VMW Service Plan to another one available in the Price List with immediate effect from the day after the notification of the change by the Customer in accordance with paragraph 6 below.
6.	The Customer's instruction to change the VMW Service Plan, referred to in sec. 5, is performed by selecting the appropriate option in the Customer Panel, subject to the next sentence. Change of the plan is possible provided that, at the time of the change, the technical parameters of the VMW Service (in particular, the Data Storage Space used) do not exceed the terms of the VMW Service Plan to which the change is to be made.
7.	Each of the Parties has the right to terminate the Agreement at any time with effect at the end of the current Billing Period. In addition, the Customer has the right to terminate the Agreement with immediate effect during the Trial Period.
8.	VSoft may discontinue the provision of the VMW Service with immediate effect in the event of breach of the provisions of the Agreement by the other party. This applies in particular to the Customer's untimely payment of the due remuneration to VSoft or breach of the License granted by VSoft.
9.	The termination or cancellation of the Agreement by the Customer occurs as the result of:
a)	selecting the option to cancel subscription in the Customer Panel or
b)	sending an e-mail to the VSoft e-mail address: online.subscriptions@vsoft.pl 
10.	The termination or cancellation of the Agreement by VSoft occurs by sending an e-mail to the following addresses:
a)	Customer’s e-mail address: indicated in the Order.
11.	Any other statements made mutually by the Parties regarding the implementation of the Agreement are submitted to the e-mail addresses of the parties provided in sections 9 and 10 of this paragraph.
§3.	Subject of the Agreement
1.	The subject of the Agreement is the provision of the VMW Service by VSoft to the Customer, within the scope specified in the Order.
2.	The order placed by the Customer is determined by the VMW Service Plan selected by the Customer.
3.	As part of the VMW Service, VSoft undertakes to:
a)	provide Access to the VMW Application and grant a License to use the VMW Application for the duration of the Agreement.
b)	provide Access to the Hardware and Software Environment for the period of the provision of the VMW Service to the extent necessary for the provision of the VMW Service
c)	provide each Customer with Data Storage Space in accordance with the parameters of the Order.
4.	In order to commence the provision of the VMW Service, VSoft will conduct configuration work, i.e. open an account for the Customer in the Hardware and Software Environment within 3 Working Days after the date of conclusion of the Agreement.
5.	In the event of a change of the current VMW Service Plan by the Customer, VSoft will configurate the adjustments of the parameters of the VMW Service within 3 Working Days after the date of the change.
6.	The user manual and descriptions of the functionalities of the VMW Application, provided as part of the VMW Service, are specified in the Documentation.
7.	VSoft declares that in connection with the provision of the VMW Service, VSoft cooperates with Subcontractors, in particular in the area of: ensuring the Hardware and Software Environment, managing Contracts with Customers and collecting payments. VSoft is not liable if incorrect performance of the VMW Service is caused by circumstances on the part of subcontractors. If the reason for irregularities in the provision of the VMW Service lies in the actions or omissions of the Subcontractors, VSoft will inform the Customers about this fact immediately and will take the necessary actions immediately to restore the full correctness of the provision of the VMW Service.
§4.	Terms of the provision of the VMW Service
1.	After completing the configuration work in accordance with §3 sec. 4 of the Regulations, VSoft will send the Customer an e-mail to activate the account in the VMW Service no later than within 2 Working Days from the implementation. The Customer will be able to set / change the password for the VMW Service using the URL provided in the e-mail.
2.	The date of commencement of the provision of the VMW Service is the first Business Day after sending the activation e-mail to the Customer.
3.	The VMW Service is launched using the version of the VMW Application currently supported by VSoft.
4.	The Customer may independently set up User accounts in accordance with the Selected VMW Service Plan. In the event of personal changes among Users, the Customer may disable, add or modify User accounts, e.g. change the User's person.
5.	The Customer is obliged to ensure compliance with the provisions of these Regulations and respect for the copyrights of the VMW Application producer and the License granted by VSoft by the Customer's employees or co-workers, in particular the Users, and bears full responsibility for any damage caused by them
6.	The VMW Service is provided solely for the purpose of handling the Customer’s own business conducted under the name specified in the Order.
7.	The Customer cannot provide any third parties with the account assigned to him/her to use the VMW Service or transfer any data to them enabling access to the VMW Service.
8.	The Customer cannot carry out any activities which may in any way hinder, slow down or destabilize the operation of the VMW Application, in particular activities which would hinder the operation of the VMW Application with the effect for other VSoft Customers (this applies in particular to hacking activities). In the event of the above-mentioned actions or other activities of a similar nature, VSoft is entitled to block the Access to the VMW Service with immediate effect and to terminate the Agreement with immediate effect.
9.	As part of the provision of the VMW Service, VSoft provides the Access to the VMW Service without guaranteeing certain availability parameters, i.e. in the best effort mode.
10.	VSoft shall inform the Customer about the planned lack of Access to the VMW Service by e-mail 3 Working Days before the planned date of the lack of Access to the VMW Service. The above does not apply to Permanent Service Windows.
§5.	Rules for accessing and using the VMW Service
1.	Access to the VMW Service requires Users to be authenticated using the methods specified in the Documentation.
2.	VSoft declares that it is entitled, on the basis of agreements concluded with the producer of the VMW Application, to grant License for VMW Application on the terms specified in the Regulations to the extent necessary to ensure the correct provision of the VMW Service.
3.	For the time of using the VMW Service, VSoft grants the Customer a paid, non-exclusive and non-transferable license to use the VMW Application, under the conditions specified in Appendix 1 hereto.
4.	The Customer cannot in particular:
a)	use the VMW Application together with third parties,
b)	rent or lease, lend or otherwise make the VMW Application available to third parties, as well as make it available under any other free or paid title.
5.	The Customer is not allowed, within the limits of Art. 75 of the Copyright and Related Rights Act, to undertake or permit activities aimed at recreating the source code of VMW Application, decompiling, translating or adapting the VMW Application.
6.	The license is granted for the duration of the use of the VMW Service. Termination of using the VMW Service results in the termination of the License. 
7.	The Customer cannot transfer the possession of the Documentation or provide the Login and Password to the VMW Application to any third parties.
8.	Detailed terms of the License are included in Appendix 1 - License Terms. 
§6.	Remuneration
1.	For the provision of the VMW Service, the Customer shall pay VSoft a subscription fee for each subsequent Billing Period, in the amount depending on the selected VMW Service Plan specified in the Order.
2.	Subscription fee covers the remuneration for granting a License and provision of the VMW Service during one Billing Period.
3.	The subscription fee will be payable in advance at the beginning of each Billing Period.
4.	In case of changes to the previously chosen VMW Service Plan by the Customer:
a)	If, as a result of the change, the subscription fee increases, the Customer will pay the due difference calculated pro rata for the period from the moment of the change to the end of the current Billing Period.
b)	If, as a result of the change, the subscription fee decreases, the Customer will be granted an Overpayment calculated pro rata for the period from the moment of the change to the end of the current Billing Period, to be used towards future payments for subsequent Billing Periods.
5.	The fees will be charged automatically, in advance, using the payment methods indicated by the Customer in the Order, with the Overpayment being used in the first instance, if any such is calculated for the Customer.
6.	After successfully collecting the subscription fee, VSoft will issue a VAT invoice in the following form:
a)	It will be sent by e-mail to the address indicated by the Customer in the Order,
b)	It will be available for download in the Customer Panel.
7.	VSoft Price List will be periodically updated with accordance with the current market conditions.
8.	VSoft reserves the right to change the subscription fee to the amount compliant with the current Price List after the change. In such event, the change will be implemented at the beginning of the Billing Period following the change. VSoft will notify the Customer of the planned Price List change a month in advance. If the Customer does not accept the change in the subscription fee, he has the right to terminate the contract with effect at the end of the current Billing period.
9.	The amounts given in the Price List and the Order are net sums. To these sums, VAT will be added (if provided for by relevant legal regulation) in the amount resulting from legal provisions.
10.	The Customer is obliged to verify the current data for the chosen payment method (in particular the payment card details), and to provide funds on the linked bank account, which ensures timely payment.
11.	In the absence of timely payments covering more than 1 calendar month, a reminder will be sent by e-mail to the address provided in the Order. After 5 business days after sending the reminder and with remaining lack of payments, VSoft blocks access to the Service. The service will be made available again within 5 business days after the overdue payment to VSoft has been paid.
§7.	Technical requirements necessary to use the Service 
1.	For the proper operation of the VMW Service, the User must have a computer that meets the technical requirements described below:
a)	The current one or one of the two previous versions of the browsers listed below running on the Windows 8+, Mac OSX 10+ operating system with "cookies" and JavaScript enabled:
i.	Mozilla Firefox;
ii.	Opera;
iii.	Google Chrome;
iv.	Microsoft Edge;
v.	Safari
b)	Screen with a minimum resolution of 1024 × 768
2.	A portable device (mobile phone, tablet) running on iOS 9+ or Android 6+ with access to the Internet.
§8.	Complaint mode and service support
1.	The Customer has the right to submit a complaint regarding non-performance or improper performance of the VMW Service for reasons for which VSoft is responsible.
2.	The Customer is obliged to submit a complaint to VSoft within 3 working days after the end of the Billing Period to which said complaint refers. Failure to submit a complaint within this period means that the Customer accepts that the VMW Service has been correctly performed.
3.	The Customer declares that he/she is aware of the fact and accepts that the VMW Application, as part of the VMW Service, is made available in the "as-is" mode, which means that VSoft does not guarantee that the VMW Application, although it is an of the shelf product, is error-free.
4.	VSoft accepts all reports of non-performance or incorrect performance of the VMW Application during working hours via the e-mail address: helpdesk@vsoft.pl. VSoft declares that immediately after receiving the notification, it will take steps to remove the causes of the failure or malfunction of the VMW Application, informing the Customer within 3 working days after the date of receipt of the notification about the expected date of repair. In the event that the removal of the defect turns out to be impossible within the expected period, VSoft will inform the Customer about the new date of the defect removal, and this period may not be longer than 21 working days after the date of receipt of the notification by VSoft. The time set for the Google and Apple stores to verify the application is not included in the defect removal period mentioned above.
5.	In the complaint, the Customer is obliged to indicate:
a)	customer name, Service account name and correspondence address;
b)	the subject of the complaint, including a specific, detailed description of irregularities in the operation of the VMW Service;
c)	circumstances justifying the complaint – provided that the complaint doesn’t refer to the failure or improper operation of the VMW Service for reasons for which the VSoft  is not responsible.
6.	VSoft accepts all other reports (including ones regarding irregularities in settlements) during working hours via the email address: helpdesk@vsoft.pl. The complaints will be considered within 30 days of their submission.
7.	In matters not covered by this contract, the provisions of Polish law shall apply.
§9.	Responsibility
1.	VSoft's liability towards the Customer arising from the Agreement, in particular due to non-performance or improper performance of the Agreement, is limited to 6 times the net value of one monthly remuneration due to VSoft in the Billing Period in which the cause occurred.
2.	VSoft is not liable for damages resulting from interruptions in the provision of the VMW Service caused by failure to meet obligations by the Customer or third parties.
3.	VSoft shall in no case be liable for lost profits, i.e. for the loss of profits which could have been achieved by the Customer if the damage had not been done to him.
4.	VSoft undertakes to perform the Agreement with due diligence within the meaning of Art. 355 of the Civil Code.
5.	VSoft shall not be liable in the event that it is not be able to meet the obligations of the Agreement due to force majeure.
6.	VSoft is not liable for damages resulting from reasons attributable to the Customer or third parties as a result of:
a)	interference with the VMW Application or database,
b)	incorrect handling of the VMW Service.
§10.	Violation of License
1.	In the event of a breach of the terms of the License by the Customer, VSoft will request the Customer in writing to cease the breach within 10 days after the date of receipt of the notification specifying the breach. In the event of non-compliance by the Customer with the VSoft call in the above-mentioned time, VSoft will be entitled to terminate the License and terminate the agreement with immediate effect.
2.	In the above case, VSoft may claim compensation from the Customer on general terms.
§11.	Personal data and security
1.	The Customer is the sole holder of the rights to personal data and the administrator of personal data entered into the VMW Application.
2.	VSoft undertakes not to use the data entered by the Customer into the VMW Application in any way. This does not apply to the data necessary to perform the Agreement, personal data processed in accordance with the Agreement and data that VSoft is obliged to disclose to courts, law enforcement authorities or public administration in accordance with the law.
3.	All data entered into the VMW Application will be protected from the moment is appears in the VMW Application, i.e. protected against external interference.
4.	If, for the purposes of providing the VMW Service, it is necessary to entrust VSoft with the processing of personal data, VSoft will process personal data only within the scope of the Agreement, and only the Customer will decide about the purposes and means of processing personal data.
5.	The conditions for entrusting the processing of personal data as part of the provision of the VMW Service are set out in Annex 2 to the Regulations. In the Order, the Customer will indicate whether he entrusts VSoft with the processing of personal data. If the Customer indicates in the Order the intention to entrust the processing of personal data to VSoft, the processing is entrusted on the day of concluding the Agreement, but not earlier than on the day the Customer enters personal data into the VMW Application, under the conditions specified in Annex 2 to the Regulations.
§12.	Application Access Rules 
1.	The VMW Application is installed on Mobile Devices, particularly on mobile phones and tablets and after prior downloading of the Application:
a)	in case of a mobile device with Android system, from Google Play,
b)	in case of a mobile device with iOS system, from Apple App Store.
2.	Using the application requires having a Mobile Device with iOS or Android system and connection of such Mobile Device to Internet. Some VMW Application functionalities require also that such Mobile Device has a camera. In order to use the VMW Application, the User has to register the Account via the registration form available in the mobile VMW Application.
3.	Depending on the operating system, the VMW Application may get access to the following authorisations on a Mobile Device:
a)	device memory and cameras for the needs of making photos for reports,
b)	device location for the needs of completing report data,
c)	memory of text messages and the list of calls for the needs of clients’ identification in the VMW Application.
4.	Depending on the operating system version on the Mobile Device, VMW Application authorisations can be cancelled by changing system settings or VMW Application uninstalling.
5.	In addition, the VMW Application can store may pass to the Server VMW Application information about the name of the Mobile Device, on which the VMW Application has been installed, version of the Mobile Device operating system used by the User,VMW Application version and notifications token.
6.	This privacy policy is supplementary to the privacy policy of Google Play and Apple App Store. The Organiser shall not be held liable for the privacy policy of Google Play or Apple App Store or for abiding by the provisions of the General Data Protection Regulation and the Act on providing services electronically within Google Play and Apple App Store
§13.	Additional and final provisions
1.	The Customer must not introduce any illegal content to the VMW Application.
2.	The Regulations are available at: https://vsoft-mobile-workforce.com/subscription-conditions.pdf  VSoft is entitled to introduce changes to the Regulations at any time, which changes will enter into force on the date of their announcement as part of the VMW Service, about which the Customer will be informed via e-mail at least 7 days before each change occurs.
3.	In the event of lack of consent to change of the Regulations, the Customer has the right to use the VMW Service on the current terms and conditions until the end of the Billing Period during which the change takes place. If the Customer does not accept the change in the Regulations, he has the right to terminate the contract with effect at the end of the current Billing period. 
4.	VSoft may at any time transfer the rights and obligations arising from this Agreement, including the rights and obligations resulting from the provided VMW Service and the Licenses granted, to a third party, equity- or personally- related to VSoft, which fact does not require a separate consent of the Customer. The Customer will be informed electronically about the transfer of rights and obligations under this Agreement, along with an indication of the entity that enters into the rights and obligations. This right applies only to Customers who conduct business activity.
5.	The parties agree that in the event of any disputes arising in connection with the Agreement, they will strive to resolve them amicably. If it is not possible to resolve the dispute amicably, the Parties will entrust the dispute to a common court having jurisdiction under the general provisions of Polish law.
6.	Each Party, on a reciprocal basis, agrees to the other Party to the Agreement to refer to the cooperation of the Parties, as well as to use the data, trade name, logotype or trademark of the other Party in the marketing and commercial activities of each Party.
7.	Neither of the Parties will be considered in breach of the Agreement in the event that it is unable to meet the obligation under the Agreement due to force majeure, in particular due to: fire, earthquake, flood, epidemic, general strike, communal riots, natural disaster, embargo, war, or due to other circumstances beyond the control of the Parties.
8.	In matters not covered by the Regulations or the Agreement, the relevant provisions of the Polish Civil Code and generally applicable provisions of Polish law shall apply.
9.	The invalidity of any single provision of the Regulations or the Agreement does not affect the validity of the remaining provisions.
10.	The attachments listed below constitute an integral part of the Regulations:
a)	Appendix 1: License Terms - terms of use
b)	Appendix 2: Rules for the processing of personal data
c)	Appendix No. 3: List of subcontractors
d)	Annex No. 4: Information clause
 


Appendix 1 - Detailed terms of the License

1.	VSoft grants the Customer a paid, non-exclusive, non-transferable License to use the VMW Application for the duration of the Agreement solely for the purpose of handling the Customer's processes under the VMW Service.
2.	The license granted on the basis of the provisions of paragraph 1 includes:
a)	authorization to use the VMW Application, to the extent specified in paragraph 1, in accordance with the Documentation under the VMW Service.
b)	authorization to use the Documentation provided with the VMW Application to support the permitted use of the VMW Application by the Customer.
3.	Granting of this License does not limit VSoft's granting authorization to other entities to use the VMW Application (non-exclusive license).
4.	The Customer cannot authorize any third party, other than the User, to use the VMW Application.
5.	The Customer cannot transfer the rights held under the License to any third party by way of assignment.
6.	The Customer is fully responsible for the use of the VMW Application in accordance with the terms of the License. The breach of the terms of the License by the Customer results in the legal consequences specified in the Regulations.
7.	Apart from the license authorizations specified hereinabove, the License does not grant the Customer any other rights related to absolute rights to the VMW Application as a work within the meaning of copyright law. In particular, the Customer cannot:
a)	permanently or temporarily reproduce the VMW Application in whole or in part by any means and in any form without the prior written consent of VSoft,
b)	translate, adapt, change the layout, make any other changes to the VMW Application and take or allow to take actions aimed at reverse engineering, disassembly, decompilation,
c)	use the backup of the VMW Application simultaneously with the VMW Application,
d)	distribute, including rent, lease, lend or otherwise make the VMW Application or its copies available to any third parties.
8.	VSoft will grant the Customer a License for the duration of the Agreement to use the Documentation created for the VMW Application in the fields of use, including: recording and reproducing the Documentation, producing any number of copies of the Documentation using a specific technique, including printing, reprographic, magnetic recording and digital technology; lending or renting the original or copies of the Documentation only to the extent necessary for the performance of the Agreement.
9.	VSoft reserves the right to verify the scope of use of the VMW Application, in particular the right to obtain information allowing to determine whether the VMW Application is used in accordance with the terms of the granted License.


Appendix 2 - Rules for the processing of personal data

1.	Acting pursuant to Art. 28 of the Regulation of the European Parliament and of the Council (EU) 2016/679 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 (hereinafter "GDPR"), the Customer as the Administrator of personal data processed in the data set, entrusts VSoft with the processing of personal data in connection with the implementation of the Agreement.
2.	VSoft may process the entrusted personal data only to the extent and for the purpose related to the performance of the Agreement.
3.	VSoft, in terms of achieving the goal specified in point 2, is entitled to perform the following operations on the data entrusted to it: collect, record, archive, organize, store, adapt, modify, download, view, share, delete, destroy.
4.	Data processing will concern the following categories of people: users of the VMW Application, contractors of the Customer, potential contractors of the Customer. The processing will apply i.e. to the following types of personal data (Common Data): name, surname, address, telephone number, e-mail address, tax identification number.
5.	VSoft processes personal data only at the Administrator's documented request.
6.	Pursuant to Art. 32 GDPR VSoft is obliged, prior to the commencement of entrusted data processing (hereinafter referred to as data processing), to provide appropriate technical and organizational measures, taking into account the state of technical knowledge, the cost of implementation and the nature, scope, context and purposes of processing appropriate to the risks and categories of data, ensuring protection of the processed data, in particular protection of the data against disclosure to unauthorized persons, removal by an unauthorized person, processing in violation of the Act, as well as alteration, loss, damage or destruction.
7.	VSoft will process personal data in its organizational units or by persons and subcontractors the services of which/whom it uses in the performance of this contract, and as of the date of the Contract, the Contractor will entrust a set of personal data covered by this contract for further processing, in particular to a company providing cloud services: Microsoft (the data will be processed on the area of EU) to which the Customer gives consent by accepting the Regulations. In the event of a change of the above-mentioned entity providing cloud services, VSoft will notify the Customer about the change along with providing a new address for personal data processing.
8.	Only persons authorized by VSoft will be allowed to process data. Persons authorized to process data are obliged to keep the data and the methods of securing it confidential.
9.	Taking into account the nature of data processing, in particular the scope, context and purposes of data processing, VSoft, as far as possible, helps the Administrator, through appropriate technical and organizational measures, to fulfil the obligation to respond to the requests of the data subject in the scope of exercising its rights specified in chapter III GDPR. The Administrator is responsible for the performance of obligations towards the data subject under Chapter III of the GDPR.
10.	VSoft, taking into account the nature of the data processing, in particular the scope, context and purposes of data processing, as well as the information available to it, helps the administrator to fulfil the obligations set out in art. 32-36 GDPR.
11.	VSoft, after the completion of the provision of services related to data processing, depending on the Administrator's decision, removes or returns all personal data to him/her and deletes all existing copies, unless the EU law or the law of a Member State requires the storage of personal data.
12.	In the event of a breach of personal data protection, VSoft reports it to the Administrator without any undue delay, not later than within 48 hours after finding the breach.
13.	The administrator has the right to conduct a remote audit not more often than once a year, after prior arrangement of the audit date with VSoft.



Appendix 3 - List of subcontractors

1.	Microsoft
2.	Chargebee
3.	Stripe
 

Appendix 4

Information clause VSoft S.A. Sp. K. for persons: acting on behalf of the Customer, authorized to represent the Customer, authorized to make statements on behalf of the Customer in connection with the performance of the Agreement for the provision of VSoft Mobile Workforce Online Service.

Data administrator:
The data administrator is VSoft S.A. Sp. K. with its seat in Kraków at ul. Puszkarska 7J, 30-644 Kraków, hereinafter referred to as "Administrator".
Purposes and legal basis for data processing, legitimate interests of the Administrator:
Personal data will be processed for the purposes of implementing the above-mentioned Contract or in order to take steps to conclude it - in accordance with art. 6 sec. 1 lit. b) GDPR, as well as for purposes arising from legitimate interests pursued by the Administrator - in accordance with art. 6 sec. 1 lit. f) GDPR, i.e. possible determination, investigation or defence against claims under this Agreement. The legal basis for data processing lies in the necessity of data processing to implement the legitimate interest of the Administrator. The Administrator's legitimate interest comes to the ability to perform contracts with contractors and the possibility of contacting them in connection with their performance.
Sources and scope of data obtained from third parties:
The administrator obtained personal data in connection with the performance of the following Agreement: VMW Service Customer.
Categories of personal data processed
The administrator processes personal data obtained from the Customer in the following scope: name, surname, position, correspondence address, e-mail, telephone number.
The period during which the data will be processed:
Personal data will be stored for the duration of the contract and later for tax purposes and until the claims are time-barred or for defence against the reported claims under the above-mentioned Contracts.
Data recipients:
Data may be transferred to:
o	state authorities or other entities authorized under the law, in order to perform the obligations incumbent on the Administrator,
o	persons authorized by the Administrator,
and entities processing personal data at the request of the Administrator, including:
o	entities conducting postal or courier activities,
o	entities supporting the Administrator in the activities carried out on his behalf, where such entities process data on the basis of an agreement with the Administrator and only in accordance with the Administrator's instructions.
Transferring personal data outside the EEA:
The administrator will transfer personal data required to issue an invoice and from payment card to recipients located in third countries (United States) or international organizations. Data transfer outside EEA is approved by customer.
Rights of the data subject:
The data subject may exercise the right to:
1)	access their data and request its rectification,
2)	request deletion of their data - if the grounds for data processing have ceased,
3)	request data processing limitation - if there exists at least one of the grounds for restriction of data processing indicated in art. 18 GDPR,
4)	object to the processing of personal data, to the extent that the basis for the processing of personal data lies in the premise of the legitimate interest of the administrator,
5)	lodge a complaint with the supervisory body dealing with the protection of personal data (the President of the Office for Personal Data Protection).
In order to exercise the above rights, please contact the Data Administrator.