Terms of use

REGULATIONS FOR USING THE EBnavi PLATFORM 

General Provisions 

These Regulations (“Regulations”) define the rules for using the EBnavi platform, as described in the Regulations, as well as the types, scope, and terms of services provided by the Administrator through electronic means. 

The following terms, when used in these Regulations, should be understood as follows:

1 [Definitions]

1. Service Provider – Employer Branding Institute sp. z o.o. with its registered office in Warsaw, 02-672 Warsaw, ul. Domaniewska 47/10, registered in the register of entrepreneurs of the National Court Register maintained by the District Court for the Capital City of Warsaw in Warsaw, XIII Commercial Division of the National Court Register under the number KRS 0000408919; NIP: 5213626341; REGON: 145977863. 
2. Client – A natural person with full legal capacity, a natural person with limited legal capacity (a minor who has reached 13 years of age or a partially incapacitated person) with the consent of the legal representative to use the Services, a legal person or an organizational unit without legal personality but with legal capacity, using the Services in any way. 
3. Service – A service provided by the Service Provider available on the Internet at www.ebnavi.com. Through the Service, the User can audit the employer brand based on data from various sources. 
4. Services – Paid or free services provided by the Service Provider electronically for the Client, involving the provision of tools available on the website. Services are free only in such cases and to such extent as explicitly indicated by the Service Provider in the Regulations. 
5. Account – A designated space in the Service where data, including Client-related data, is stored, to which the Client gains access after successfully logging into the Service using a login (the Client’s email address provided during registration) and a password defined by the Client during registration. 
6. User – A natural person designated by the Client within the Account to access selected Services or functionalities of the Service, employed by the Client or working under another legal relationship in which this person provides services or performs tasks for the Client based on a separate agreement. Whenever the Regulations refer to actions or omissions of the Client, they also refer to actions or omissions of Users authorized by the Client. 
7. Agreement – The agreement for the provision of electronic services, which concerns the provision of Services, entered into between the Service Provider and the Client upon the Client’s registration in the Service. The Agreement is governed by the conditions specified in the Regulations and, in areas not covered by the Regulations, by the laws of the Republic of Poland. 
8. Price List – Sent by email after an inquiry from the Client to hello@ebnavi.com, specifying the amount and payment methods for the Client’s use of paid Services. 
9. Regulations – This document.

2 [Scope of Services Provided Electronically]

1. As part of the Services provided, the Service Provider offers Clients tools supporting strategic management of the employer brand, in particular conducting an audit of HR/EB processes by the Client and generating an audit for the employer brand. 
2. The Client may generate multiple strategic reports within 12 months of account activation. 
3. The Client is entitled to free access to the basic package on the EBnavi platform, which includes access to selected modules. 
4. Services provided under the extended package are subject to additional fees according to the Price List sent by the Service Provider by email after the Client’s inquiry. 
5. The Service Provider allows the provision of Services on terms different from those specified in the Regulations or excluding some provisions of the Regulations, but only based on a separate written agreement or specification in the order. 
6. The Service Provider informs the Client that, due to the nature of the Services, access to data is required, the scope of which depends on the type of Service. The Service Provider commits to use this data exclusively for the purpose of providing the Services covered by the Agreement. 
7. The preservation, security, and provision of the Agreement’s content to the Client occurs by making the Regulations available on the Service Provider’s website and sending an email confirming the registration of the Client’s Account in the Service. 
8. The Service Provider reserves the right to publish the names of companies registered on the platform for promotional purposes.

3 [Technical Requirements for Using the Services]

1. To use the Services provided in the Service correctly, including the effective registration and login, the following are necessary: 
2. An internet connection; 
3. A device allowing access to the Internet; 
4. A web browser that can display documents with a minimum screen resolution of 1152x864px, supporting the JavaScript programming language and accepting cookies; 
5. An active email account for registration in the Service. 

4 [Information on Specific Risks Associated with Using Services Provided Electronically]

1. In fulfilling the obligation under Article 6(1) of the Act on Electronic Services of July 18, 2002, the Service Provider informs that using the Services involves the transmission of data through the public Internet network, which carries the inherent risks of internet use. 
2. The primary risk for any internet user, including those using electronic services, is the potential infection of the user’s device by malicious software such as viruses, worms, or Trojans. To minimize this risk, the Client should equip their devices with antivirus software and firewalls and regularly update them. 
3. The Service Provider further informs that specific risks associated with using the Services, including those described in the Regulations, are connected to the activities of third parties seeking unauthorized access to both the Service Provider’s and the Client’s systems, often to steal data. The Client should not share their login credentials with unauthorized third parties and should take care not to store them in a way that would make them accessible to others. 

5 [Rules for Using the Services]

1. Using the Service requires the Client to register in the Service according to the principles outlined in § 6(1), log in using the login (the email address provided during registration) and the password set by the Client, and, subject to § 6(9), pay the remuneration due to the Service Provider for using the selected Service package. 
2. Each Client may designate additional Users within their Account who will act on their behalf and at their expense in using the Services. This includes, in particular, completing the questions indicated by the Client in the research audit, creating surveys, sending surveys, generating reports, generating benchmarks, and deleting the account. The Client is fully responsible for the actions or omissions of Users, as for their own actions or omissions, particularly for actions or omissions related to undertaking obligations on behalf of the Client and for violating the provisions of the Regulations or the law. 
3. The Client undertakes not to use the Services to provide or transfer unlawful content, particularly content that violates copyright laws or content whose distribution violates other applicable laws, including, in particular, content inciting racial, ethnic, or religious hatred, containing pornographic content, promoting fascism, Nazism, communism, promoting violence, offending religious feelings, infringing upon the rights of others, and not to undertake actions with the use of the Services aimed directly or indirectly at causing harm to third parties or causing disruptions in the performance of the Services. 
4. The Client undertakes not to engage in harmful activities, particularly in connection with using or utilizing the Services, including the following: 
5. Violating the provisions of the Regulations; 
6. Failing to comply with instructions provided by the Service Provider to ensure the quality or safety of the Services; 
7. Sharing access to the Services with third parties other than Users; 
8. Providing access to the Service to third parties not directly connected with the Service Provider, using the login and password assigned to the Client, without the Service Provider’s prior written consent (under penalty of nullity); 
9. Unauthorized use (or attempts of unauthorized use) or sabotage of any computers, devices, or networks, as well as using or controlling bots, flooding, cloning, or tools for data collection or extraction; 
10. Attempts to disrupt or cut off access to the Services for any users or computers (DOS, DDOS, DNS spoofing attacks); 
11. Falsifying or concealing information that identifies the Client, including phishing actions, without the Service Provider’s prior written consent (under penalty of nullity); 
12. Introducing malicious or harmful software into the network or computers of the Service Provider; 
13. Unauthorized scanning of the Service Provider’s network for security vulnerabilities; 
14. Unauthorized monitoring of network traffic (e.g., using packet sniffers) or other attempts to intercept information intended for other Clients; 
15. Unauthorized attempts to break into another Client’s computer, network, or account (“cracking”); 
16. Using a program/script/command intended to disrupt another Client’s session, both locally and remotely; 
17. “Pharming,” i.e., using malicious software, disrupting DNS server operations, or other means to redirect users to a website or service pretending to be a legitimate service in order to collect personal information, login data, or other details from users; unauthorized sharing of the Service in whole or in part with third parties; 
18. Taking over IP addresses; 
19. Sending, collecting, selling, or distributing email addresses for the purpose of sending unsolicited mass correspondence (spam), unless within a closed mailing list including entities that voluntarily signed up for such a list, receiving responses to spam, intentionally sending excessively large attachments to a single recipient, or forwarding spam; 
20. Directing threats to third parties through the use of the Service; 
21. Using the Service in conjunction with or supported by an email server without the necessary permissions (where such permissions are required); 
22. Being present on a widely-recognized list of spammers; 
23. Using meta-tags or other “hidden text” containing the name of the Service Provider, its domain, or trademarks related to the Services; 
24. Other actions that violate applicable law, including violations of the rights of the Service Provider or third parties. 
25. The Service Provider may, without prior notice, take any available action related to initiating or attempting to initiate harmful actions by the Client. 
26. If harmful actions or attempts are suspected by a Client who is not a Consumer, the Service Provider has the right to suspend the Client’s access to the Services. 
27. In the event of harmful actions by the Client, taking such actions will constitute a valid reason for the Service Provider to terminate the Agreement with a 7-day notice period. 

6 [Registration in the Service; Conclusion and Termination of the Agreement]

1. The condition for the Client to start using the Services is the registration of the Client in the Service according to the instructions provided by the Service Provider to facilitate Client registration, including creating an Account. The Client is obligated to provide true data, i.e., data consistent with the factual state, during the registration and account creation process. 
2. Registration actions and Account creation can be carried out by the Service Provider, but only based on a separate written agreement, as mentioned in § 2(5). In such cases, the provisions of the following sections apply only to the extent defined in the separate agreement. 
3. During registration in the Service, the Client establishes their login and password, which are known only to them. The login, which is the Client’s email address, serves as their unique identifier in the Service. The Client’s password is linked to the login and serves as an additional security measure for the data entered by the Client while using the Services. 
4. The email address provided as the login, in addition to identifying the Client in the Service, also serves for electronic communication between the Service Provider and the Client. 
5. The Service Provider emphasizes that Clients should protect their passwords from unauthorized disclosure to third parties. 
6. By registering, the Client accepts the Regulations. 
7. Anyone who registers in the Service on behalf of and for a third party who will become the Client after registration must have the appropriate authorization to enter into the Agreement with the Service Provider on behalf of the third party, under the conditions specified in the Regulations. In the absence of such authorization, or if the scope of the authorization is exceeded, and there is no confirmation of the Agreement by the third party, the person who made the registration will be liable for damages caused to the Service Provider due to entering into the Agreement without knowing about the lack of authorization or the exceeding of its scope. 
8. The Agreement between the Service Provider and the Client is concluded at the moment of registration in the Service. The Agreement is concluded under the conditions specified in the Regulations, and in matters not regulated by the Regulations, by the provisions of Polish law. The Agreement is concluded for an indefinite period. 
9. Each Client who has registered in the Service is entitled to access a free, limited strategic report, with the scope of free Services provided by the Service Provider being entirely at the Service Provider’s discretion. The Service Provider may extend the free period. 
10. In the event of termination of the Agreement, the Service Provider will retain the data stored in the Client’s Account for an indefinite period. 
11. In case of dispute, the Client has several possible non-judicial ways to resolve complaints and claim compensation: a) The Client is entitled to refer to a permanent consumer arbitration court, as specified in Article 37 of the Act on Trade Inspection of December 15, 2000 (Journal of Laws 2001, No. 4, item 25, as amended), to resolve a dispute arising from the Agreement. b) The Client may seek free assistance in resolving a dispute with the Service Provider from the district (municipal) consumer ombudsman or from social organizations that protect consumers. Advice can be obtained from the Federation of Consumers by calling the consumer hotline at 800 007 707 or from the Polish Consumers Association by emailing porady@dlakonsumentow.pl. 

 7 [Complaints]

1. Complaints may be submitted electronically to the Service Provider’s email address: hello@ebnavi.com or in writing to the address indicated in § 1(1) of the Regulations. 
2. The subject of the complaint can only be the execution of the Service in a manner inconsistent with the conditions and principles specified in the Regulations or the failure to provide the Service. 
3. The following cannot constitute grounds for a complaint: 
4. Referring to circumstances where the Service was provided to a person other than the Client due to that person obtaining the Client’s access codes through reasons attributable to the Client; 
5. Referring to issues related to the malfunction of the Client’s web browser or telecommunication connections; 
6. Other circumstances related to the actions of entities for which the Service Provider is not responsible. 
7. Complaints must include the Client’s identification details, including address information (if the complaint is submitted by email, it is sufficient to provide the email address to which the response should be sent), and a brief description of the objections. 
8. If the complaint needs further clarification, the Service Provider will ask the Client for additional details regarding the irregularities in the provided Service. 
9. The Service Provider will respond to the complaint within a maximum of 30 (thirty) days from the date of receipt of the complaint. For complaints filed by Consumers, the Service Provider will always respond within 14 (fourteen) days from the date of receipt. 
10. If the complaint is submitted via email, the Service Provider will reply by email unless the complaint explicitly requests a written response.

8 [Payments]

1. The use of the basic, limited access to the Service is free. This entitles the Client to generate a maximum of one report within 12 months from the account creation. The free report contains limited access to certain modules. 
2. In case of purchasing access to the paid version, the fee is annual, with the amount and scope of services provided determined based on the Price List. 
3. Available payment methods are bank transfer. For Clients with their registered office, permanent residence, or usual place of stay outside Poland, the VAT rate specified in the Price List may change and will be determined according to the European Union Council Regulation No. 282/2011 of March 15, 2011. 
4. The Client agrees to receive VAT invoices from the Service Provider in electronic form. 
5. In case of delayed payment, the Service Provider is entitled to block the Client’s Account until payment is made. The Client whose account has been blocked cannot use the Services provided by the Service Provider. 
6. A payment delay exceeding 30 days constitutes a valid reason for immediate termination of the Agreement.

9 [Personal Data and Other Data Processed by the Service Provider]

1. The Service Provider processes only the personal data provided by the Client during registration, including name, email address, the company of a natural person acting as a business, phone number, and additional data provided by the Client when completing the Account, such as address and tax identification number. 
2. The data mentioned in paragraph 1 will only be processed for the purpose of providing the Services, generating VAT invoices, and for the legitimate interests of the Service Provider, including marketing its own services. 
3. The Client has the right to access their personal data and request corrections or deletion. 
4. The administrator of the Clients’ personal data is the Service Provider. 
5. Personal data is processed in accordance with the General Data Protection Regulation (GDPR). 
6. In connection with the use of the Services, the Client may give the Service Provider consent to process data related to marketing and communication activities, particularly statistical data on the effectiveness of actions in analyzed channels, on services such as company profiles or advertisements, performed during the provision of Services. 
7. The Client may consent to the processing of personal data for marketing purposes, including the sending of commercial information to the email address provided during registration. This consent can be withdrawn at any time. 
8. The sending of commercial information to the email address provided during Registration requires separate consent from the Client, which can be withdrawn at any time. No unsolicited commercial communications will be sent to individual Clients under the Electronic Services Act. 

10 [Provisions Regarding Copyright and Other Rights]

1. The Service Provider holds exclusive intellectual property rights to all elements of the Service, both graphic and software elements, as well as to the tools provided to Clients for the provision of Services. These rights are held either by the Service Provider or by entities from which the Service Provider has obtained the appropriate licenses. 
2. Any other use of the Service or tools, or their individual elements, including graphic or programming elements, other than for using the Services for the Client’s own use, is considered a violation of the intellectual property rights of the Service Provider or third parties. 
3. The Client is allowed to use the elements of the Service or the tools provided in the Service, as well as the results of these tools, in connection with their business or professional activities, including in graphic form to present data generated using the tools. The Client is required to mention the Service Provider as the entity holding the intellectual property rights. 
4. The Service Provider respects the copyrights and other intellectual property rights of third parties. 
5. Anyone who believes that their copyrights or other rights have been violated through the use of the provided Service should notify the Service Provider, including details of the entity whose rights were violated, a statement that they are acting in good faith and believe the data in question violates rights, and the location of the data. 

11 [Liability of the Service Provider]

1. The Service Provider is obliged to repair damages resulting from non-performance or improper performance of the Agreement, unless the non-performance or improper performance is due to circumstances for which the Service Provider is not responsible. 

12 [Final Provisions]

1. These Regulations are available to all potential Clients. The Service Provider allows the Regulations to be downloaded and saved by the Client. 
2. The Service Provider may modify the Regulations at any time in accordance with applicable laws. Changes to the Regulations take effect and bind the Client upon acceptance by the Client. If changes to the Regulations introduce new fees or raise existing fees, the Client has the right to withdraw from the Agreement. 

1. The legal effects of the Regulations and matters not regulated in them are governed solely by the law of the Republic of Poland, particularly the Civil Code, the Act on Electronic Services of July 18, 2002, and the Consumer Rights Act of May 30, 2014. All matters related to Agreements with Clients and Services provided by the Service Provider are subject to Polish law and the jurisdiction of Polish courts. 
2. In the event the Regulations are translated into languages other than Polish, any interpretational or semantic doubts will be resolved according to the Polish version, which will be the authentic and binding version. 
3. The Regulations are effective from March 18, 2024.