Regulations
PARTFINDER Search Tool
Terms & Conditions
These Terms and Conditions apply to the PARTFINDER application, which facilitates national and international cooperation in research, business, education and information. These Terms and Conditions also specify the rights and obligations of the PARTFINDER users and the responsibilities of the Administrator managing the application.
Definitions:
Administrator | National Centre for Research and Development, Chmielna 69, 00-801 Warsaw |
Application | a tool called PARTFINDER |
Civil Code | the Act of 23/04/1964 - the Polish Civil Code (i.e., Journal of Laws of 2020, item 1740, as amended) |
Materials | any collection of content/information, elements, algorithms, schemes, compositions, designations, names, signs, symbols, images, recordings, regardless of their nature, format and the way they are recorded or presented, placed and made available by the Administrator in the PARTFINDER application |
Terms and Conditions | these Terms and Conditions of the PARTFINDER application, set out, among other things, the terms and conditions for the use of the application |
GDPR | European Parliament Regulation 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 |
Application Website | the website on which the Application is available, accessible at: https://partfinder.ncbr.gov.pl/ and all extensions of this address |
Services | Applications and tools made available electronically by the Administrator through the partner application, in accordance with the principles set out in the Terms and Conditions |
User | a natural person, a legal person or an organisational unit without legal personality, which uses the Services in accordance with the principles set out in these Terms and Conditions and the applicable provisions of the law |
Blocking access to the Services | the state in which the User cannot use the Services for reasons set out in the Terms and Conditions |
Chapter I
General provisions
- All rights to the Application, including proprietary copyrights, intellectual property rights to its name, Internet domain and Materials, belong to the Administrator, and their use may only occur in a specified and per accordance with the Terms and Conditions.
- The Administrator makes the application available via the Internet as an ICT and IT system resource.
- Users or third parties are prohibited from using the Application to send unsolicited commercial information within the meaning of Article 2 para. 2 of the Act of 18/07/2002 on electronic service provision (i.e. Journal of Laws of 2020, item 344, as amended).
- Any content included in the Application is for informational purposes only and does not constitute a substantive assessment of the User’s research and development project.
Chapter II
Using the Application
- Using the Application means any activity that leads to the User becoming acquainted with or using the Materials and taking other actions that the Application allows.
- The use of the Application may only take place on the terms and to the extent specified in the Terms and Conditions and in applicable law.
- The Administrator shall endeavour to ensure that the use of the Application is possible for Users using popular web browsers, operating systems, computer types and mobile devices. The Administrator is not responsible for problems arising from the use of browsers.
- No registration or creation of a User’s account is required to use the application’s basic functions.
- When using the Application, the User is not authorised to interfere in any way with the Materials, in particular not to interfere with the content, structure, form, graphics of the Materials or the operating mechanism of the Application.
- It is forbidden for the User to provide unlawful content and for the User to use the Services in a manner that is contrary to the law; good morals infringe the personal rights of third parties or the Administrator’s legitimate interests. Any activities that are not directly permitted by the Terms and Conditions, and in particular which would destabilise the operation of the Application, would hinder access to or use of the Materials, are prohibited. It is also forbidden to take any other action to the detriment of the Administrator, the Users or that jeopardises their rights or interests. The Administrator shall not be held liable for any disruptions in the operation of the Website caused by force majeure, equipment failure or unauthorised interference by Users. Without the Administrator’s knowledge and express consent of the Administrator, to carry out commercial, advertising, or promotional activities with the help of the Service, Materials or in connection with them.
- The Administrator confirms that, regardless of its measures to secure the Application, due to the public nature of the Internet and the use of electronically provided services, Users should take into account the risk of modification and access to the Application by unauthorised persons (hacking attacks). Therefore, in order to increase the security of their equipment and data, Users should also take appropriate technical measures to minimise the risks indicated above by using anti-virus software and applications to protect the identity of those using the Internet. The Administrator recommends avoiding the use of the Website using unknown personal computers.
- Any unusual signs of the operation of the Application, in particular a different appearance of the interface, unprecedented messages, images, etc., without prior information from the Administrator to the Users concerning the possibility of such events, may indicate an attempt at unlawful action by third parties. In such circumstances, the Administrator recommends that you immediately stop using the Website. Using the Services may not supersede the obligations imposed on the User by mandatory legal provisions, where these provide for a specific form and manner of action by the User. The Services consist solely of providing the relevant functionalities and tools to assist Users in using the Services.
Chapter III
Access
- No registration is necessary to access the Materials, but access to the Materials will be restricted, especially with regard to the contact and address details of other Users.
- The User gains full access to the Materials after registration, leading to the creation of a User’s account.
- In order to create a User’s account, it is necessary to provide an email address to which the Application will automatically send an activation email. Upon successfully activating the User’s account via the activation email, the User gains full access to the Application.
- The Administrator shall have the right to control the use of the Services provided using the Application, including by collecting data and keeping records documenting the User’s use of the Website.
- The Administrator has the right to create and implement safeguards against unauthorised use or improper dissemination of the Materials and to implement technical solutions enabling the identification and verification of the User’s identity. In the event that the Administrator applies the safeguards as mentioned earlier, Users agree to refrain from any action aimed at removing or circumventing such safeguards or solutions.
Chapter IV
Responsibility
- The Administrator is entitled to interrupt or disrupt the Service if the reason for this is: modification, modernisation, expansion or maintenance of the Administrator’s IT system or software, force majeure, actions or omissions of third parties (actions independent of the Administrator).
- The Administrator shall, as far as possible, inform about technical interruptions and their duration by means available to him, particularly, by posting notices on the Website and ncbr.gov.pl website.
- The Administrator shall not be held liable for any failure to perform or improper performance of the User’s obligations under generally applicable laws.
- The Administrator shall not be liable for any failure to perform or improper performance of the Services.
- The Administrator shall not be held liable for any inability or impediment in the use of the Website resulting from reasons attributable to the User.
- The Administrator shall not be liable for damages caused by the actions or omissions of Users, in particular, for their use of the Website in a manner inconsistent with the applicable provisions of the law or the Terms and Conditions.
- The Administrator makes every effort to post the most up-to-date and complete information on the Website and Application; however, the Administrator does not provide any legal services and shall not be held liable in particular for the consequences of the use or application of the information posted on the Website or Application. Using the Materials is at the User’s own risk and responsibility.
- The sole source of the Administrator’s obligations in these Terms and Conditions and the mandatory provisions of the law.
- The Administrator reserves the right to place on the Website and Application advertising content concerning its goods and services, as well as those of third parties, in the forms used on the Internet.
- The Administrator does not guarantee the Services, and no after-sales services are provided for them.
Chapter V
“Cookies”
- Cookies are small text files sent by the visited website to the internet user’s device (computer, smartphone, etc.). Cookies are not used to identify the User, and the User’s identity is not determined. They also do not contain any personal data.
- The Administrator uses the mechanism of “cookies”, which are saved by the Server on the hard drive of the User’s terminal device. Cookies are intended to recognise the User when using the Services again. This mechanism does not damage the User’s terminal device and does not cause any configuration changes to the User’s terminal devices or the software installed on these devices.
- “Cookies” used by the Administrator are functional in nature. The Administrator only uses PHPSESSID, which allows functions on different websites to be combined. This is a so-called session cookie, meaning that the cookie will be deleted when you stop using the Application. In this way, the Administrator will not retrieve any information about the User after the session is over.
- Notwithstanding the “cookies” used by the Administrator, the website www.gov.pl has a separate cookie policy available at the link https://www.gov.pl/web/gov/polityka-dotyczaca-cookies.
Chapter VI
Announcements
- Once a User’s account has been created, it is possible to publish advertisements relating to research, business, education and information cooperation.
- The announcements are informative (bulletin board) and unrelated to any competition selection process.
- The publication of an advertisement does not guarantee that cooperation with the partners sought will be undertaken.
- The advertisements will be visible on the Application as active for other Users for the following 6 months from publication date. After this deadline, the announcement will be marked as “Completed”. In order to extend the validity of an ad, it is necessary to log in to your User’s account.
- It is forbidden to include in the content of notices materials listed in paragraph 6 of Chapter II and materials inconsistent with the provisions of the Terms and Conditions.
- The Administrator reserves the right to inspect the content of the advertisements.
- If the irregularities referred to in paragraph 6 of Chapter II are found, the Administrator may withdraw the active announcement with a request for its correction. A withdrawn advertisement will not be visible in the Application until the User has republished it.
- If the User attempts to post advertisements or content on the Application contrary to the Terms and Conditions, the Administrator may block the User’s access to the Services referred to in Chapter VIII.
Chapter VII
Additional information
- The Administrator places links on their services’ pages, enabling Users to go directly to other websites. The Cookies mentioned in Chapter V do not include websites operated by other entities independent of the Administrator.
- When the User accesses the Application via the browser, the Administrator’s servers automatically record certain information. Server logs may include information such as the web request, the type of interaction with the Service, the IP address, the browser type, the browser language, the date and time of the request and at least one cookie that uniquely identifies your browser or account.
Chapter VIII
Blocking access to the Services
- The Administrator shall be entitled to block the User’s access to the Application in the event of the User acting to the detriment of the Administrator or other Users, in the event of the User infringing the provisions of the law or these Terms and Conditions, and also when blocking the User’s access to the Website Services is justified by security reasons - in particular: the User breaking the security of the Materials or other hacking activities. The blocking of access to the Services for the reasons as mentioned above shall last for the period of time necessary to resolve the issue giving rise to the blocking of access to the Services.
Chapter IX
The processing of personal data
By agreeing to the following terms and conditions, the User acknowledges the rules of the processing of your personal data by the National Centre for Research and Development with its registered office in Warsaw, including your name, academic degree/title, employer’s details, telephone number, email address and description of your research interests (hereinafter referred to as the: “Personal Data”), we would like to inform you that:
- The National Centre for Research and Development (“NCBR”) with its registered office in Warsaw at ul. Chmielna 69, 00-801 Warsaw, is the Controller of your Personal Data;
- the NCBR will process your Personal Data pursuant to Article 6 (1) (e) of 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 Data Protection Regulation) (OJ EU L 2016, No 119, p. 1), hereinafter referred to as the “Regulation”;
- should you need any information on your Personal Data or other rights to the Personal Data processed by the National Centre for Research and Development, you should contact the NCBR’s designated Data Protection Officer via electronic mail at iod@ncbr.gov.pl;
- your Personal Data will be processed for the purposes of:
- establishing new cooperation between individuals and institutions, which can lead to the submission of a proposal under the wide range of transnational calls for proposals.
- publishing a searchable database on NCBR’s website;
- Providing personal data is a condition of participation in the project
- Personal Data will be processed in time consistent with the purposes indicated in point above and will be stored for archival purposes for a period in accordance with the office instructions of the NCBR and the Uniform List of Files (JRWA);
- your Personal Data disclosed in the PARTFINDER will be available to other parties registered in the tool and to all individuals using the NCBR’s website;
- you shall have the right to request access to your Personal Data from the NCBR, correct your Personal Data, remove these or restrict the processing of your Personal Data, and you can also object against the processing of your Personal Data and transfer your Personal Data for processing;
- you also shall have the right to lodge a complaint with the President of the Polish Personal Data Protection Office;
- the provision of your Personal Data is voluntary but necessary to achieve the purpose of the Partner Search Tool;
- personal data are not subject to automated decision-making, including profiling.
- Your personal data will be deleted when the Application is permanently disabled or decommissioned.
- Acceptance of these terms and conditions does not constitute consent within the meaning of Article 6(1) of the GDPR.
- Data processing is carried out in accordance with the Personal Data Security Policy of the National Centre for Research and Development dated. 10 June 2019.
Chapter X
Final provisions and amendment of the Terms and Conditions
- These Terms and Conditions come into effect on 15 July 2022.
- The content of these Terms and Conditions may be recorded by the User by printing, saving to media or downloading at any time from the Application.
- By using the Application, you accept the Terms and Conditions. Notwithstanding the preceding, the User is encouraged to read the Terms and Conditions carefully and to accept their provisions.
- The Administrator reserves the right to amend these Terms and Conditions at any time. It may be caused, in particular, by legislative changes or changes in the practice of applying the law, developments in internet technology, or changes in the rules for using the Application.
- The following shall not constitute an amendment to the Terms and Conditions: a change in the Administrator’s contact details contained therein or a change in the Administrator’s details resulting from a change in the legal form of its business.
- If any part of the Terms and Conditions is found to be invalid or ineffective under the provisions of applicable law, that part must be interpreted in such a way that it complies with applicable law and reflects, as nearly as possible, the intent of the provision in question. The remaining parts of the Terms and Conditions shall remain in full force and effect.
- The Administrator is also entitled to decide to discontinue or suspend the provision of Services. In such a case, it will inform the Users by posting an appropriate notice on the ncbr.gov.pl Website. Discontinuation or suspension of Services may occur at least 7 days after the information mentioned above has been posted.
- To the extent not covered by the Terms and Conditions, the applicable provisions of Polish law shall apply, in particular the provisions of the Polish Civil Code, the Act of 18 July 2002 on the provision of electronic services, the Act of 04/02/1994 on copyright and related rights, and the Act on consumer rights.
- If any of the provisions of these Terms and Conditions are amended or invalidated, the remaining provisions shall remain in force and be binding on the Administrator and the User.
- All disputes arising from these Terms and Conditions shall be governed by Polish law. All disputes arising under these Regulations, which the Parties fail to resolve amicably in the first place, shall then be subject to resolution by the common court having jurisdiction over the registered office of the Administrator, and in relation to consumers, the common court having jurisdiction in accordance with the general principles set out in the Act of 17 November 1964 - Polish Code of Civil Procedure.