RULES OF USING PURCHASING PLATFORM OF 25 MAY 2018

1. Definitions:

Terms used in these rules mean:

Rules - these Rules of Using Purchasing Platform.

Purchasing Platform - an internet service of a closed character, run by the Operator, for organization of electronic auctions, requests for quotation, award of public works contracts within the understanding of the provisions of the Public Procurement Law (Journal of Laws of 2017 item 1579, with further amendments), submission of tenders, electronic communication and rendering other trade-related services. The functionality of the Purchasing Platform may differ depending on terms and conditions of an agreement signed between the System Administrator and the System Administrator Client.

System Administrator – Logintrade S.A. with its official seat in Wroclaw, 53-680 Wroclaw, ul. Braniborska 2/10, entered in the National Court Register kept by the District Court for Wrocław-Fabryczna VI Economic Division KRS, under no. 0000438056, NIP [taxpayer id no.] 8942953589,REGON [business register no.] 020811830.

Platform Operator - LT Serwis sp. z o.o. with its official seat in Warsaw, 00-644 Warsaw, ul. Polna 48/11, entered in the National Court Register kept by the District Court for the Capital City of Warsaw in Warsaw, XII Economic Division KRS, under no. 0000311815, NIP [taxpayer id no.], 8992656072, REGON [business register no.] 020811361 – an entity responsible for aspects related to the processing of personal data, especially for receiving and handling notifications, communication with the Contractor and the Contracting Party, management of the contractor base, etc.

Proceedings - public announcement or direct invitation to submit a quotation.

User - an entity that accepted provision of these Rules and has registered in the contractor base of the Contracting Party, for whom an Account has been created enabling them access to services within the Purchasing Platform.

Account - an account kept for a User under a unique name (login) and secured with a password, being a set of resources where data and information on their activities within the Purchasing Platform are collected.

2. Rules of using the Purchasing Platform :

  1. Any legal entity or organizational unit without legal personality who accepts provisions of the Rules and registers themselves on the Purchasing Platform may by its User.
  2. Registration and participation in proceedings on the Purchasing Platform are free of charge.
  3. Only goods and services that are legal may be object of proceedings, quotation or auction.
  4. All and any activities that hinder the Platform’s operation or destabilize the Platform are unacceptable. The Operator cautions that all and any attempts at gaining access to information recorded in the system, breaking or omitting electronic or IT protections, destruction, damage, removal or change of data recorded in the system and interfering with the service operation undertaken by an unauthorized person will be prosecuted under the provision of the Polish Law, especially under the Act of 6 June 1997 – Penal Code (Journal of Laws no. 88, item 553 with further amendments).

3. Operator’s responsibilities and liability:

  1. The Operator grants continuous access to the Purchasing Platform, with the exception of maintenance breaks necessary for the correct functioning of the Platform.
  2. The Operator undertakes to inform all Users in case additional chargeable services are introduced to the Platform and not to charge fees without service order being placed by the Users.
  3. The Platform Operator reserves the right to modify the service at any time. Modifications of Rules become applicable after they are published. By using the Purchasing Platform, the User accepts its Rules in full.
  4. Subject to the limitations resulting from the mandatory provisions of law, the Operator cannot be held liable for damages arising in relation to the Platform or its application or inability to use it by any of the Users or in relation to its incorrect operation, errors, lacks, disruptions, defects, delays in operation or transfer, computer virus, line or system failure.
  5. The Operator cannot be held liable for Users’ actions within the site nor for non-performance or improper performance of contracts concluded as a result of auctions or submitted quotations; the Operator cannot also be held liable for results of activities undertaken by Users or third parties that violate provisions of the Rules.
  6. The Platform Operator cannot especially be held liable for:
    1. Quality, security or legality of goods and serviced provided by the Users,
    2. Accuracy and reliability of information provided by the Users,
    3. Non-conclusion of contract by the Users,
    4. Complications or inability to participate in an auction or to submit a quotation for reasons beyond the Operator’s control,
    5. Damages resulting as a result of non-performance or improper performance of contracts concluded through the Purchasing Platform, as well as damages resulting from an act or omission of other Users,
  7. The Platform Operator cannot be held liable for a Contractor disclosing an account name and access password to the Purchasing Platform to third parties.
  8. The Platform Operator is not a party of contracts concluded between the Contracting Party and the Contractors, and especially cannot be held liable for all and any claims from Users who have concluded a contract as a result of an auction or on the basis of sent requests or submitted quotations available through the Purchasing Platform.
  9. The Platform Operator is not competent to deal with disputes arising between the Contracting Party and the Contractor.
  10. Possible disputes between the Contractors and the Platform Operator shall be settled by the courts of Wroclaw.

4. Personal data protection:

Zarząd Morskiego Portu Gdynia S.A. with its official seat in Gdynia (81-337), address: ul. Rotterdamska 9 (hereinafter referred to as “ZMPG S.A.”) processes data contained in quoations or requests for admission in public procurement proceedings, found in publicly available registers (National Court Register, Business Activity Central Register and Information Record, National Criminal Register), in order to handle public procurement proceedings according to provisions of the Public Procurement Law of 29 January 2004 (hereinafter referred to as the PPL). Among such information there may appear data that, according to 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 Directive 95/46/EC (general regulation on data protection herein after referred to as GDPR), are of personal data nature.

In view of the above ZMPG S.A. informs that:

  1. The Controller of your personal data (hereinafter referred to as the Controller) is Port of Gdynia Authority S.A with its official seat in Gdynia, address: ul. Rotterdamska 9, entered in the Register of Business Entities of the National Court Register kept by the District Court Gdańsk-Północ VIII Economic Division under no. KRS [National Court Register no.] 0000082699, NIP [tax identification number] 958-13-23-524, REGON [business register no.] i191920577.
  2. You may contact our Data Protection Supervisor in writing at the Supervisor’s address, i.e. IOD ZMPG S.A. ul. Rotterdamska 9, 81-337 Gdynia or by e-mail: iod@port.gdynia.pl
  3. Personal data included in quotations are processed according to art. 6 section1 letter c of GDPR due to the fact that such processing is required to meet the legal obligation by the Controller. The purpose of processing personal data is to carry out public procurement proceedings by ZMPG S.A.
  4. Providing your personal data is a statutory requirement. You are obliged to provide them. Should you not do it, you will not be able to assess quotations and conclude contracts.
  5. Your personal data will be stored according to art. 97 section1 of the PPL for the period of 4 years from the day the public procurement proceedings were closed and if the contract durations exceeds 4 years – throughout the entire contract duration.
  6. Your personal data will be received by persons or entities that tender proceedings will be shared with pursuant to art. 8 and art. 96 section 3 of the PPL or according to art. 2 section 2 of the Access to Information Act of 6 September 2001. Furthermore your data will be processed by Logintrade S.A. with its official seat in Wroclaw, 53-680 Wroclaw, ul. Braniborska 2/10 (National Court Register no.: 0000438056) and LT Serwis sp. z o.o. with its official seat in Warsaw (00-644) ul. Polna 48 /11 (National Court Register no: 0000311815) in scope necessary to handle Purchasing Platform available on: https://port-gdynia.logintrade.net
  7. The Data Controller shall not transfer personal data to third countries or to international organizations.
  8. Personal data shared by you will not be subject to profiling.
  9. You have the right to access the contents of your personal data (art. 15 GDPR), right to correct them (art. 16 GDPR), right to demand the Controller to limit the processing of personal data (art. 18 section 1 and 2 GDPR) and the right to file a complaint with the President of the Office for Personal Data Protection when you decide that processing of your personal data violates GDPR provisions.
  10. However, you are not entitled to demand erasure of personal data (Article 17.3.B GDPR), their transfer pursuant to Article 20 GDPR or to object to their processing pursuant to Article 21.1.1 GDPR, as the legal grounds for processing your personal data is Article 6.1.C GDPR.

5. Confidential information:

  1. The Contracting Party cautions that all and any technical, technological and organizational information of the Contracting Party enterprise undisclosed in accordance with the law or other information of economic value for the Contracting Party shared with the User in relation to the use of the Purchasing Platform are legally protected trade secrets of the Contracting Party, unless the User and the Contractor decide otherwise in writing, otherwise null and void.

6. Final provisions:

  1. The Rules become applicable for the User the moment they register in the contractor base of the Contracting Paryt and open an account on the Purchasing Platform.
  2. The Operator may suspend an account for a definite or indefinite period of time in case a User’s acts violate provisions of the Rules, have a negative influence on the site’s image or harm otherwise the Operator or the Contracting Party.
  3. In all matters not regulated by these Rules appropriate provisions of the Civil Code, acts and executive provisions issued on their basis shall apply.