TERMS OF SERVICE
OF THE GREENSEARCH.PL ONLINE PLATFORM

Welcome to the documents section of our Platform!

We understand that regulations can be lengthy and complex. Therefore, to begin, we wish to briefly explain the purpose of this document and what users of our Platform can ascertain from it.

  • What are the Terms of Service? It is an agreement between the user of the Platform (as an entrepreneur) and us (greensearch Sp. z o.o.) regarding the use of our greensearch.pl portal. By accepting them, you agree to the rules described therein.
  • Who is the Platform intended for? Our services are exclusively directed at other companies within the renewable energy sector (B2B model). We do not serve consumers or individuals operating businesses for whom the renewable energy sector is not the primary focus of their activity.
  • What will you find here? In the Regulations, we have described, among other things: how our Platform operates, how to create an Account, how to publish Listings, payment terms, and our mutual rights and obligations. We have also defined the content moderation principles stemming from the EU Digital Services Act.

Please note that the complete text of the Regulations below is legally binding. We encourage you to read it carefully.

§ 1. Definitions

Terms used in these Regulations, capitalized, shall have the following meanings:

  1. Digital Services Act/DSA – Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a single market for digital services and amending Directive 2000/31/EC;
  2. Price List – information specifying the current catalog of free and paid Services, their price (for paid Services), and other conditions indicated therein;
  3. Guest – a User browsing publicly available content on the Platform who has not concluded an Account Service Agreement with the Service Provider;
  4. Civil Code – the Act of 23 April 1964 – Civil Code;
  5. Account – an individual, password-protected User panel on the Platform, enabling access to Services requiring login; an Account may have the status of “Buyer” or “Partner”, with the choice made by the User after Account creation;
  6. Listing – commercially oriented information published on the Platform, specifically an offer to sell an RES project or information about services provided by it;
  7. Service Provider's Partner – SYNOWSKI CONSULTING & INVESTMENT Limited Liability Company with its registered office in Gdańsk (80-278), ul. Bernarda Chrzanowskiego 11 / O11, entered into the register of entrepreneurs of the National Court Register maintained by the District Court Gdańsk-Północ in Gdańsk, VII Commercial Division of the National Court Register, under KRS number: 0000522118 NIP: 6692522283, REGON: 321566871, with whom the Service Provider consistently cooperates in the scope of Services provided by them;
  8. Platform – an online portal operated by the Service Provider at https://greensearch.pl/, serving to connect entrepreneurs from the Renewable Energy Sources (RES) sector, which enables browsing Listings or concluding an Agreement to use the Service Provider's Services, as well as establishing contact with other Users using the data they provide;
  9. User Content – any data, electronic files, information, and materials saved by the User in the Account;
  10. Account Service Agreement – a digital service agreement under which the Service Provider undertakes to provide the Account Service to the User free of charge for an indefinite period;
  11. Listing Publication Agreement – an agreement concluded between the User and the Service Provider for the purpose of publishing or extending the publication of a Listing on the Platform;
  12. Account Service – a digital service consisting of the creation and maintenance of an Account by the Service Provider for the User;
  13. Services – the entirety of functionalities and IT tools provided by the Service Provider within the Platform (electronically), enabling Users and Guests to:
    • create and manage an Account,
    • publish Listings,
    • browse Listings,
    • use the contact form to establish communication with the authors of Listings (other Users);
  14. Service Provider/greensearch – greensearch Limited Liability Company with its registered office in Radom (26-600) at ul. Kazimierza Pułaskiego 6/10, entered into the Register of Entrepreneurs of the National Court Register maintained by the District Court Lublin-Wschód in Lublin with its registered office in Świdnik, VI Commercial Division of the KRS, under number: 0001144714, NIP: 7963033623, share capital: 5,800.00 PLN;
  15. Act on Providing Services by Electronic Means – the Act of July 18, 2002, on Providing Services by Electronic Means;
  16. User – an entrepreneur within the meaning of Article 43¹ of the Civil Code, i.e., a natural person, legal person, or organizational unit without legal personality, to whom the law grants legal capacity, conducting economic or professional activity on their own behalf, who uses the Platform, has concluded an Agreement with the Service Provider via the Platform, or has taken steps to conclude it, and for whom the use of the Platform is professional in nature.

Other terms capitalized in these Regulations shall have the meanings indicated in the relevant section of the Regulations.

§ 2. Basic Information

  1. These regulations (hereinafter: “Regulations”) define the rules and conditions for the provision of Services by greensearch via the Platform.
  2. These Regulations constitute the regulations referred to in Article 8 of the Act on the Provision of Electronic Services.
  3. The Platform is exclusively intended for Users who are entrepreneurs (B2B). The Service Provider does not enter into agreements with consumers or with natural persons conducting business activity for whom the agreement is not directly related to their business or professional activity.
  4. Every User and Guest is obliged to comply with the provisions of these Regulations and generally applicable legal regulations.
  5. A prerequisite for utilizing the full functionality of the Platform, including the publication of Listings, is the acceptance of these Regulations, which the User and Guest should review before commencing use of the Platform.
  6. Contact with the Service Provider is possible via:
    • email address: kontakt@greensearch.pl,
    • traditional mail at: ul. Kazimierza Pułaskiego 6/10, 26-600 Radom.
  7. Information available on the Platform regarding services provided by the Service Provider, specifically their descriptions, technical and functional parameters, and prices, constitutes an invitation to conclude a contract within the meaning of Article 71 of the Civil Code.
  8. In accordance with the DSA, the Service Provider has designated a contact point for direct communication with EU Member State authorities, the European Commission, the Digital Services Board, and Platform Users regarding matters covered by DSA regulations. The contact point is available at: kontakt@greensearch.pl. Communication is conducted in Polish.

§ 3. Technical Requirements

  1. For proper use of the Platform, the following are required:
    • an active Internet connection;
    • a device enabling Internet access;
    • an up-to-date web browser (e.g., Google Chrome, Mozilla Firefox, Microsoft Edge) with cookies and JavaScript enabled;
    • an active email account – in the event the User wishes to conclude an Account Service Agreement or to contact the Service Provider.
  2. The Service Provider shall not be liable for technical issues or limitations in the User's equipment that prevent or hinder their use of the Platform.
  3. When using the Platform, the User and Guest are prohibited from employing viruses, worms, bots, or other computer codes, files, or programs, particularly those that automate script and application processes, or other codes, files, or tools.
  4. Within the Platform, the Service Provider utilizes cryptographic protection for electronic transfers and digital content by implementing appropriate technical, logical, and organizational measures, specifically to prevent third-party access to data, including through the use of access passwords, antivirus or anti-malware programs, and SSL encryption.
  5. Despite the safeguards mentioned in paragraph 4, the use of the Internet and electronically provided services may be exposed to risks such as malicious software infiltrating the User's or Guest's ICT system and device, or unauthorized third-party access to data stored on that device. To minimize the aforementioned risks, the User or Guest should utilize antivirus software and measures protecting their identity on the Internet.

§ 4. Account Registration and Management

  1. To conclude an Account Service Agreement, the User should perform the following actions:
    • access the Platform and then click the "Register" button, or alternatively, click the dedicated registration link received via email,
    • In the displayed form, enter the required data, including an email address, and set a password for the Account,
    • check the box next to the statement: "I have read the Privacy Policy – GDPR and the Terms and Conditions for the provision of services on the greensearch.pl online platform and accept their provisions. In particular, I declare that I use the Platform as an entrepreneur (directly in connection with my business or professional activity) or an authorized representative of an entrepreneur, and not as a consumer.",
    • click the "Continue" button.
  2. To obtain the dedicated registration link referred to in paragraph 1, point 1) above, the User must first request it from the Service Provider.
  3. The Account Agreement is concluded upon the successful completion of the process described in paragraph 1 and is entered into for an indefinite period – its conclusion is necessary for using the Services. The User gains access to the Account immediately after its activation, which occurs by clicking a dedicated link sent to the provided email address.
  4. To enable the publication of Announcements, the User must complete their company's details in the Account settings by providing the full name (company name), trade name, NIP number, and registered office address of the company.
  5. The User declares that the data provided is true and current and undertakes to keep it updated.
  6. The Service Provider reserves the right to verify the data provided by the User against public registers (CEIDG, KRS, VIES).
  7. A single User is entitled to use only one Account assigned to a specific email address.
  8. The User's selection of a Buyer Account status implies that the Buyer Account is not visible to other Users within the Platform.
  9. Within a Buyer Account, the User retains the option to purchase paid access to view Premium Listings at any time. A Buyer Account does not permit the posting of Listings.
  10. The User's selection of a Partner Account status implies that the Account is visible to other Users within the Platform.
  11. Within a Partner Account, the User is granted the ability to post and view Listings.
  12. The User bears full responsibility for maintaining the confidentiality of their password and for all actions undertaken through their Account.
  13. If actions on the Platform are performed by a natural person acting on behalf of a User who is not a natural person, the performance of such an action is equivalent to a declaration by the natural person performing it that they are authorized to represent the User. The Service Provider is entitled to request from such a natural person proof of their authorization to represent the User, specifically a power of attorney document or an excerpt from the relevant register. Should an action be performed on behalf of the User without proper authorization, the natural person performing that action shall bear the liability stipulated by the provisions of the Civil Code.
  14. Maintaining the compliance of the Account Service with the Account Service Agreement does not require the User to install its updates.
  15. In the event of the User utilizing the Account in a manner contrary to law, the provisions of the Terms and Conditions, or good practice, as well as the User providing content that violates law or the Terms and Conditions, the Service Provider reserves the right to terminate the Account Service Agreement with a 7-day notice period. The termination statement will be delivered to the User via email.
  16. During the notice period referred to in paragraph 14, the Service Provider may block the User's access to the Account to prevent further violations. Upon expiration of the notice period, the Account will be permanently deleted.
  17. The Account Maintenance Agreement is concluded for an indefinite period. The User has the right to terminate the Account Maintenance Agreement with a 30-day notice period, effective at the end of the calendar month, by submitting a termination statement of this Agreement to the Service Provider. The statement referred to in the preceding sentence may be sent via email to the address specified in § 2 section 6 point 1) of the Regulations.
  18. Immediately upon the expiration of the period referred to in the first sentence of paragraph 16 above, the Service Provider will delete the Account.

§ 5. Services Provided on the Platform

  1. Services provided within the Platform are either free of charge or paid.
  2. Free services include:
    • browse Listings,
    • Contacting the authors of Listings via the contact form,
    • Publication of a Listing for providing own services to the RES industry.
  3. Paid services include:
    • publication of an Announcement for the sale of a RES project;
    • publication of a Listing in a contact fee model, where the use of this Service requires the User to conclude a separate agreement with the Service Provider;
    • promotion of a Listing for providing one's own services to the RES industry.
  4. To conclude an Announcement Publication Agreement, the User should perform the following actions:
    • access the client panel by clicking the "Client Panel" button;
    • click the "Publish Listing" button;
    • provide basic data and a description of the listing, including its name, type, and additional information, then click the "Save and proceed to the next step" button;
    • provide at least the mandatory detailed information about the listing and optional data (at the User's discretion), then click the "Save and proceed to the next step" button;
    • provide the name and email address of the contact person, then click the "Save and proceed to the next step" button;
    • for the Listing specified in paragraph 2, point 3) – click the "Publish Listing" button;
    • For an Advertisement specified in paragraph 3, item 1) – click the "Go to payment" button and make payment via the payment operator; upon successful payment, the Advertisement is activated and published on the Platform.
  5. Announcement Publication Agreement:
    • specified in paragraph 2, item 3) is considered concluded at the moment the User publishes the Advertisement in the manner specified in paragraph 4, items 1) - 6);
    • specified in paragraph 3, point 1) is deemed concluded at the moment the payment is credited to the Service Provider's bank account;
    • specified in paragraph 3, point 2) is concluded by means of a separate agreement.

    Immediately upon the conclusion of the Announcement Publication Agreement, the Service Provider shall publish the Announcement on the Platform.

  6. Publication of a paid Advertisement is for a period of 6 (six) months from the date of payment made in the manner specified in § 7. It is possible to extend the validity of such an Advertisement for an additional period of 6 months upon payment of a subsequent fee. To extend the validity of the Advertisement, the User should contact the Service Provider at the email address: kontakt@greensearch.pl.
  7. The Service Provider is entitled to refuse publication, hide, or remove an Announcement whose content violates legal provisions, the provisions of the Regulations, principles of social coexistence, or raises reasonable doubts as to its truthfulness.
  8. The User bears full responsibility for the content of published Announcements, and the Service Provider is not liable for any potential damages arising from their publication.

§ 6. Types of Advertisements

  1. On the Platform, Advertisements with Standard or Premium status are published.
  2. Standard Advertisements:
    • are visible to all Users and Guests;
    • can be added to the "favorites" category exclusively by Users.
  3. Premium Advertisements:
    • are visible exclusively to Users who have purchased paid access to them;
    • Paid access is granted to the User by the Service Provider upon receipt of an order for this and payment for such access.
  4. The Service Provider reserves the right to place Advertisements on the Platform that do not have Standard or Premium status.

§ 7. Price List and Payments

  1. The Price List provides for at least:
    • a catalog of paid and free Services,
    • the price of the Service for paid Services.
  2. The current Price List is available at: greensearch.pl/cennik
  3. The Service Provider may change the Price List at any time.
  4. Changes to the Price List do not affect previously published Advertisements, unless otherwise specified by the nature of the Service provided. The User will be informed of the change 30 days in advance.
  5. Payments are processed via a payment operator (Stripe) or via bank transfer (or SEPA), depending on the chosen model.
  6. Invoices for the User will be issued in accordance with applicable legal provisions, in particular via the National e-Invoicing System (KSeF). The User may also obtain an invoice in electronic form upon request to the Service Provider.
  7. The Platform reserves the right to temporarily suspend or permanently remove all User Announcements from the Platform in the event of non-payment of due fees.

§ 8. User's Liability and Obligations

  1. Within the Platform, the Service Provider only provides technical infrastructure in the form of a marketplace platform, enabling Users to post and browse Advertisements and to establish contact with each other.
  2. The Service Provider is not a party to any agreements, understandings, or other arrangements concluded between Users in connection with Announcements published on the Platform.
  3. The Service Provider is not liable for:
    • the accuracy and integrity of the Listings;
    • the execution, progress, financial results, or consequences of transactions, agreements, or other contacts established through the Platform;
    • the actions or omissions of Users, including damages incurred as a result of contact between Users facilitated by the Platform.
  4. The risk associated with utilizing the Listings published on the Platform and engaging in any agreements or transactions rests solely with the Users.
  5. The User bears sole responsibility for the content and form of published Advertisements and for all materials (text, photos, data) contained therein. The User declares that they possess all rights, including copyrights, to the content they publish. The User declares and warrants that they will not take actions aimed at avoiding the obligation to pay fees due to the Platform.
  6. The Service Provider reserves the right to moderate a Listing or even remove it if its content is unclear or incomprehensible (e.g., ambiguous Project status or technical conditions) or if it contains information about more than one project. The provision of this paragraph applies exclusively to Listings published in accordance with § 5 section 2 point 1) and § 6 section 1.

§ 9. Service Provider's Liability

  1. The Service Provider is not a party to transactions concluded between Users and Guests or between Users themselves, and does not guarantee the veracity of information contained in the Listings or the parties' ability to perform the contract.
  2. The Service Provider endeavors to ensure the continuous operation of the Platform; however, it is not liable for temporary interruptions resulting from technical reasons, maintenance work, or force majeure.
  3. The Service Provider's liability under warranty for physical and legal defects of the Services is excluded.
  4. The total liability of the Service Provider is limited to the amount of the last net fee paid by the User for the Service to which the claim relates. The Service Provider is not liable for lost profits.
  5. Subject to the preceding paragraphs, the Service Provider shall not be liable for:
    • the quality or completeness of data provided by the User;
    • the accuracy of Listing descriptions;
    • transactional, financial, technical, and legal risks;
    • the outcome of due diligence activities;
    • lost profits or loss of business opportunities.

§ 10. Complaint Procedure

  1. The User is entitled to submit complaints if the Service is found to be non-compliant with the Regulations.
  2. Complaints must be submitted to the e-mail address: kontakt@greensearch.pl within a maximum of 7 (seven) days from the date the User discovers the cause of the non-compliance.
  3. A properly submitted complaint should contain at least:
    • identification of the User (company name, NIP),
    • email address
    • a concise description of the reported objections.
  4. The Service Provider may refuse to bring the Service into compliance with the Regulations if doing so is impossible or would incur excessive costs for the Service Provider.
  5. The Service Provider will review the complaint within 30 days of its receipt and inform the User of the outcome, i.e., whether:
    • it accepts the complaint and indicates the planned date for bringing the Service into compliance with the Regulations;
    • refuses to bring the Service into compliance with the Regulations for the reason specified in paragraph 4 above;
    • it rejects the complaint due to its lack of merit.

§ 11. Intellectual Property

  1. All rights to the Platform and its constituent elements, including its name, logo, graphic layout, software, and database, are vested in the Service Provider and are subject to legal protection, particularly under the provisions of the Act of February 4, 1994, on Copyright and Related Rights, and the Act of June 30, 2000 – Industrial Property Law.
  2. Any use of the Service Provider's intellectual property without its prior and explicit consent is strictly prohibited.
  3. The publication of an Advertisement on the Platform is equivalent to the User granting the Service Provider a free, non-exclusive license to use the works contained in the Advertisement, particularly text, descriptions, photos, and other materials (hereinafter: “Advertisement License”).
  4. The Advertisement License is granted for an indefinite period (with the possibility of termination with two years' notice, effective at the end of the calendar year) and without territorial restrictions, encompassing the use of the works in the following fields of exploitation:
    • recording and reproduction in any quantity, by any technique, and in any format;
    • distribution in any manner, by any means of communication, particularly through publication on the Platform and on the Service Provider's social media channels.
  5. The User's license authorizes the Service Provider to grant sublicenses to any chosen third parties for the use of the works under the Advertisement License. Such sublicenses, as referred to in the preceding sentence, may be granted by the Service Provider either for a fee or free of charge.
  6. The User undertakes not to exercise the moral rights vested in them with respect to the works covered by the Advertisement License (including the right to attribution of authorship and the right to supervise the use of the work) and authorizes the Service Provider to exercise these rights on the User's behalf.

§ 12. Personal Data Protection

  1. The Service Provider acts as the data controller for the personal data of Users and Guests.
  2. Detailed principles concerning the processing of personal data are outlined in the Privacy Policy and Cookies Policy documents, which are accessible on the Platform and constitute an integral part of these Regulations.
  3. Depending on the characteristics of a given personal data processing operation, such data may be processed by a Service Provider's Partner with whom the Service Provider has concluded a joint data controllership agreement.

§ 13. User Content

  1. It is prohibited to post User Content that is:
    • containing false data, or contrary to law, the Regulations, or good practices;
    • containing content intended to conduct activities prohibited by law, inciting violence, hatred, or insulting any group of persons or an individual;
    • containing content that may infringe personal rights, copyrights, image rights, or other rights of third parties;
    • containing advertising, promotional, political, religious, or discriminatory content,
    • containing content promoting activities competitive to the Service Provider.
  2. Any person using the Platform (hereinafter: “Reporting Party”) is entitled to report User Content that may violate the Regulations.
  3. Reports can be submitted via email to: kontakt@greensearch.pl.
  4. The report should contain the following information:
    • a sufficiently reasoned explanation of the reasons why the specific User Content constitutes illegal content;
    • a clear indication of the precise electronic location of the information, such as the exact URL or URLs, and, where applicable, additional information enabling the identification of the User Content, according to its nature and the Platform's functionality;
    • the Notifier's full name or company name and email address, except for reports concerning information considered to be related to one of the offenses referred to in Articles 3–7 of Directive 2011/93/EU;
    • a statement confirming the Notifier's good faith belief that the information and allegations contained therein are accurate and complete.
  5. Upon receipt of a report, the Service Provider shall send the Notifier an acknowledgment of receipt to the email address provided by them.
  6. If the report does not contain the elements specified in paragraph 4 above or contains errors, the Service Provider may request the Notifier to supplement or correct the report within 14 (fourteen) days from the date of receipt of the aforementioned request. Should the Notifier fail to supplement or correct the report within the period specified in the preceding sentence, the Service Provider may leave the report unaddressed.
  7. The Service Provider verifies the reported User Content within 14 days from the date of receipt of a complete and correct report. As part of the verification process, if necessary, the Service Provider will request the Notifier to submit any required additional information or documents. Pending the resolution of the report, the Service Provider may block the visibility of the User Content.
  8. Upon verification of the Report, the Service Provider shall:
    • remove User Content that violates the Regulations,
    • restores User Content that does not violate the principles set forth in the Regulations (if its visibility was blocked during the verification of the Report);

    - providing justification for the decision.

  9. In the event of User Content removal, the Service Provider shall promptly notify both the Reporting Party and the User who published the removed User Content, providing justification for its decision.
  10. The Service Provider's decision justification shall include:
    • an indication of whether the decision involves the removal of User Content, blocking its visibility, de-ranking, or imposing other measures as specified in the Regulations, and, where applicable, the territorial scope of the decision and its period of validity,
    • the facts and circumstances on which the decision was based, including, where applicable, whether the decision was made based on a report submitted by the Reporting Party or on voluntary verification activities conducted at the Service Provider's initiative, and, when absolutely necessary, the identity of the Reporting Party,
    • where applicable, information on the use of automated means in making the decision, including whether the decision was made in relation to User Content detected or identified using automated tools,
    • if the decision concerns potentially unlawful User Content, an indication of the legal or contractual basis on which the decision is founded, and explanations regarding the reasons why, on that basis, the specific User Content is considered unlawful,
    • clear and user-friendly information for the User and the Reporting Party regarding their available avenues for appealing the decision.
  11. A User whose User Content has been removed or a Reporting Party whose request for removal of reported User Content has been denied by the Service Provider may file an appeal against the Service Provider's decision.
  12. An appeal may be submitted as follows:
    • via email – to: kontakt@greensearch.pl,
    • in writing, preferably by registered mail — to the address specified in § 1, paragraph 1, point 14).
  13. The appeal should contain:
    • the name and surname or designation of the appealing party,
    • contact details (email address, correspondence address),
    • a detailed justification as to why, in the opinion of the appealing party, the Service Provider's decision is incorrect and should be amended.
  14. The Service Provider shall promptly confirm receipt of the appeal by sending a notification to the email address provided by the appealing party.
  15. Appeals shall be reviewed within 14 days of their receipt by an authorized team of the Service Provider (these actions will not be performed in an automated manner, without human intervention).
  16. The Service Provider shall notify the appealing party of the decision made as a result of the appeal review via email, and if it simultaneously deems the reported content unlawful, it shall take actions against it as stipulated in the Regulations.
  17. The submission of User Content is tantamount to the User declaring that they are its sole author. The User bears full responsibility for the User Content and the consequences of its publication (including for infringements of personal rights and intellectual property rights of third parties).

§ 14. Marketing Cooperation

  1. Unless a separate agreement stipulates otherwise, the User grants the Service Provider consent to:
    • informing the Service Provider's current and prospective clients about the Services rendered to the User when showcasing the Service Provider's experience, without disclosing the terms of cooperation;
    • informing on its website and social media channels about cooperation with the User, without disclosing the terms of cooperation;
    • placing the User's name and logo in offers and marketing materials, on the Service Provider's website, and on the Service Provider's social media profiles;
    • placement of a User-generated opinion about the Service Provider in offers and marketing materials, on the Service Provider's website, and on the Service Provider's social media profiles.
  2. The Service Provider's communication regarding cooperation with the User shall only occur after prior notification to the User of such intent.
  3. At the User's request, the Service Provider is obliged to provide for review marketing materials concerning cooperation with the User before their publication.
  4. Notwithstanding the provisions of paragraphs 1-3 above, the User grants the Service Provider a free, non-exclusive license to use the User's name and logo (hereinafter: “Logo”).
  5. The license referred to in paragraph 4 above is granted for an indefinite period (with the possibility of termination two years in advance, effective at the end of the calendar year) and without territorial restrictions, covering the use of the Logo in the following fields of exploitation:
    • recording and reproduction in any quantity, by any technique, and in any format;
    • distribution in any manner, by any means of communication, particularly through publication on the Platform and on the Service Provider's social media channels.

§ 15. Amendment of the Regulations

  1. The Service Provider is entitled to amend these Regulations for valid reasons. Valid reasons are considered to include, in particular:
    • the necessity to align the Regulations with amendments in generally applicable legal provisions that directly impact the content of these Regulations;
    • the issuance by public administration bodies or courts of rulings, recommendations, or guidelines that necessitate modifications to the Regulations;
    • a change in the scope or method of Service provision, including the introduction of new functionalities on the Platform;
    • technical or organizational changes affecting the Platform's operation;
    • the need to improve User security or to counteract abuses.
  2. The Service Provider shall inform Users with an Account about the planned amendment to the Regulations by sending a message to the email address assigned to the Account. The information shall be sent at least 7 days prior to the effective date of the amendments.
  3. The message referred to in paragraph 2 shall include the content of the new Regulations or a link thereto, along with information regarding its effective date.
  4. A User who does not accept the content of the new Regulations has the right to terminate the Account maintenance agreement within 7 (seven) days from the date of receiving information about the change, by deleting their Account or submitting a relevant statement to the Service Provider. Immediately upon receipt of the statement referred to in the preceding sentence, the Service Provider shall delete the Account.
  5. Should the agreement not be terminated within the period specified in paragraph 4, it shall be presumed that the User has accepted the amended Regulations as of their effective date.
  6. For Agreements concluded before the effective date of the new Regulations, the provisions of the Regulations then in force shall apply.

§ 16. Amendment of the Account Service

  1. The Service Provider may amend the Account Service in the event of:
    • the necessity to adapt the Account Service to newly emerging devices or software used by Users to access the Account Service;
    • the Service Provider's decision to improve the Account Service by adding new functionalities or modifying existing ones;
    • a legal obligation to implement changes, including the obligation to adapt the Account Service to the current legal status.
  2. Any amendment to the Account Service shall not incur any costs for the User.
  3. The Service Provider shall inform Users about the implemented amendment to the Account Service by placing a notification about the changes on the Account. Additionally, information about the implemented amendment may be sent to Users via email.
  4. If an amendment to the Account Service significantly and negatively impacts the User's access to the Account Service, the Service Provider is obliged to inform the User about:
    • the characteristics and date of the amendment, and
    • the User's right to terminate the Account Service Agreement with immediate effect within 30 (thirty) days from the date of the amendment.
  5. The information referred to in paragraph 4 above shall be sent by the Service Provider to Users via email, no later than 7 (seven) days before the amendment takes effect.
  6. The User's termination of the Account Service Agreement pursuant to paragraph 4, point 2 above, shall occur under analogous principles as described in §4, paragraph 16 of the Regulations.

§ 17. Final Provisions

  1. Polish law shall be the governing law for all legal relations arising from these Regulations.
  2. Any disputes shall be resolved by the common court competent for the Service Provider's registered office.
  3. These Regulations shall come into force on September 1, 2025. The current version of the Regulations has been effective since June 1, 2026.
  4. The following constitute an integral part of these Regulations:
    • The Privacy Policy,
    • Cookie Policy,
    • Terms and Conditions for the Entrustment of Personal Data Processing.

Terms and Conditions for the Entrustment of Personal Data Processing

§ 1. General Provisions

  1. These personal data processing entrustment regulations (hereinafter: "Entrustment Regulations") define the principles and conditions for entrusting the processing of personal data saved by the User in their Account and transferred to the Processor for the purpose of using the Services under the Advertisement Publication Agreement.
  2. In matters not regulated by the Entrustment Regulations, the provisions of the Regulations for the Provision of Services of the greensearch.pl Online Platform (hereinafter: "Platform Regulations") shall apply.
  3. All capitalized terms not otherwise defined in the Entrustment Regulations shall have the meaning assigned to them in the Platform Regulations.
  4. The Entrustment Regulations constitute a model agreement as referred to in Article 28 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) (hereinafter: "GDPR").

§ 2. Entrustment of Personal Data Processing

  1. The User (hereinafter also: "Controller") entrusts the Service Provider (hereinafter also: "Processor") with the processing of personal data pursuant to Article 28 of the GDPR, to the extent specified in § 3 of the Entrustment Regulations.
  2. The Controller declares that:
    • it is the controller of the personal data entrusted to the Processor under the Entrustment Regulations;
    • the personal data entrusted to the Processor for processing is collected and processed in accordance with the GDPR and other generally applicable legal provisions.
  3. The Processor undertakes to process personal data to the extent and under the conditions specified in the Entrustment Regulations, the GDPR, and other generally applicable legal provisions.
  4. The services specified in the Entrustment Regulations are performed by the Processor within the remuneration specified in the Platform Regulations.

§ 3. Subject Matter, Nature, Purpose, and Duration of Data Processing

  1. Personal data entrusted by the Controller shall be processed by the Processor solely upon documented instruction from the Controller and exclusively for the purpose of performing the Services specified in the Platform Regulations. A "documented instruction" is understood, in particular, as the Controller entering into the Advertisement Publication Agreement (hereinafter also: "Main Agreement").
  2. The Controller entrusts the Processor with the processing of personal data of contact persons on behalf of the Controller: name(s), email address (hereinafter: "entrusted personal data").
  3. The personal data entrusted by the Controller under the Entrustment Regulations do not constitute special categories of data as referred to in Article 9 of the GDPR, nor do they constitute data relating to criminal convictions and offences as referred to in Article 10 of the GDPR.
  4. The processing of the entrusted personal data shall be carried out using IT systems (in an automated manner).

§ 4. Obligations, Rights, and Declarations of the Processor

  1. The Processor undertakes to secure the entrusted personal data by implementing (prior to commencing processing) and maintaining technical and organizational measures appropriate to the nature, scope, context, and purpose of processing the entrusted data, including measures required by relevant generally applicable legal provisions, to ensure that the processing of the entrusted personal data complies with the requirements of the GDPR.
  2. The Processor undertakes to ensure that persons authorized to process personal data entrusted under the Entrustment Regulations are bound by confidentiality or are subject to an appropriate statutory obligation of secrecy.
  3. The Processor undertakes, to the extent justified by the subject matter of the Main Agreement, where possible, to assist the Controller in fulfilling its obligation to respond to requests from data subjects regarding the exercise of their rights under generally applicable legal provisions, including Chapter III of the GDPR.
  4. The Processor undertakes to promptly notify the Controller of:
    • any personal data breach concerning the entrusted data, where "entrusted data breach" shall mean any accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, the entrusted personal data. The notification referred to in point 1) herein must be made no later than 24 hours from the detection of the entrusted data breach;
    • any request received from a data subject whose data it processes, while refraining from responding to the request until the Controller's opinion is received. The notification referred to in point 2) herein must be made no later than 24 hours from the receipt of the request;
    • any legally binding request for disclosure of personal data to a competent state authority, unless the prohibition of notification results from legal provisions, particularly from criminal procedure provisions, where such prohibition aims to ensure the confidentiality of an initiated investigation;
    • any audit conducted by the President of the Personal Data Protection Office or another supervisory authority regarding the compliance of personal data processing and its results, as well as other activities of public authorities concerning such data.
  5. The Processor undertakes, to the extent justified by the subject matter of the Main Agreement and the information available to it, to assist the Controller in fulfilling its obligations arising from generally applicable law, including Articles 32-36 of the GDPR and concerning the security of personal data processing, reporting personal data breaches to the supervisory authority and to the data subject concerned, data protection impact assessments, and related consultations with the supervisory authority.
  6. The Processor undertakes to:
    • provide the Controller, within 14 days of receiving a request, with all information and documents necessary to demonstrate the Controller's compliance with its obligations specified in generally applicable law;
    • enable the Controller or an auditor authorized by the Controller to conduct audits, including inspections, and to contribute to them, on terms agreed upon by the parties on each occasion and subject to the provisions of this paragraph.
  7. The audit referred to in paragraph 6, point 2 above may be conducted:
    • no earlier than 14 days from the date the Processor receives notice of its conduct, on a date agreed upon by the Parties, and
    • after a confidentiality agreement has been concluded between the Processor and the Controller or an auditor authorised by the Controller.
  8. Upon completion of the audit, the Parties shall draw up a report in two copies, which shall be signed by authorized representatives of both Parties. The Processor may submit objections to the report within 5 business days from the date of its signing by the Parties' representatives.
  9. Should the audit reveal deficiencies affecting the security of processing the entrusted personal data, the Processor undertakes to comply with the recommendations formulated by the Controller or an auditor authorized by the Controller.

§ 5. Controller's Obligations

  1. The Controller is obliged to ensure that throughout the term of the Main Agreement, it possesses a legal basis for processing the entrusted personal data and has the appropriate authorizations enabling their entrustment to the Processor. Should the aforementioned legal basis or authorizations for specific entrusted personal data be lost, the Controller is obliged to promptly take the necessary steps to cease their entrustment, in particular by notifying the Processor.
  2. The Controller undertakes not to issue instructions to the Processor regarding the processing of entrusted personal data that would be inconsistent with generally applicable law, the provisions of the Entrustment Regulations, or other contractual obligations.

§ 6. Further Entrustment of Personal Data

  1. The Controller grants general consent for the Processor to further entrust the processing of personal data (hereinafter: "sub-entrustment") to subcontractors of its choice.
  2. A list of subcontractors to whom the Processor has sub-entrusted the processing of personal data is at the Processor's disposal and may be provided to the Controller upon request.
  3. The Processor undertakes to ensure that:
    • the entity to which sub-entrustment is made shall apply appropriate technical and organisational measures to ensure the processing of entrusted personal data in accordance with GDPR provisions;
    • the scope of data protection obligations of the subsequent processor shall correspond to the Processor's obligations stipulated in the Entrustment Regulations.
  4. In the event of an intention to sub-entrust the processing of personal data to a specific subcontractor, the Processor is obliged to notify the Controller thereof no later than 7 (seven) days before the sub-entrustment is made, via email. The Controller may object to the sub-entrustment referred to in the preceding sentence by submitting an objection via email within 7 (seven) days from the date of receiving the sub-entrustment notification.
  5. After the deadline for raising an objection, as referred to in paragraph 4 above, has expired without effect, the Processor may sub-entrust the processing of personal data to a chosen subcontractor.
  6. In the event of an objection being raised, as referred to in paragraph 4 above, the Processor may withdraw from the Main Agreement with immediate effect.
  7. The sub-processing referred to in paragraph 4 above does not constitute an amendment to the Data Processing Terms.
  8. The Processor provides access on its website at: https://greensearch.pl/polityka-prywatnosci to an up-to-date list of sub-processors to whom it sub-entrusts the processing of personal data. The Processor informs, and the Administrator acknowledges and accepts, that the aforementioned list may be subject to changes corresponding to the sub-processors whose services the Processor utilizes, entrusting them with personal data processing within the scope of these services.

§ 7. Term of the Data Processing Terms

  1. The provisions of the Data Processing Terms shall remain in force for the duration of the Main Agreement.
  2. In the event of termination of the Main Agreement, the Processor shall, without undue delay, no later than 14 business days from the date of termination of the Main Agreement, undertake to return to the Administrator and delete from its own media all personal data entrusted to it for processing, including effectively deleting them from electronic media at its disposal. The provisions of the preceding sentence do not apply to personal data whose retention by the Processor is required for a period longer than the term of the Main Agreement, in accordance with generally applicable law.

§ 8. Liability

In the event of a breach by either party to the Main Agreement of the provisions of the Data Processing Terms, GDPR regulations, or other generally applicable legal provisions, resulting in damages incurred by the other party, the party responsible for the breach is obliged to compensate solely for actual damages and shall not be liable for any lost profits incurred by the other party as a result of the breach.

§ 9. Amendment to the Data Processing Terms

For amendments to the Entrustment Regulations, the provisions of § 15 of the Platform Regulations shall apply mutatis mutandis.

§ 10. Final Provisions

The current version of the Regulations is effective from June 1, 2026.

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